Terms and Conditions

TERMS AND CONDITIONS OF USE AND RECRUITMENT OF EMBARK.ES

Welcome to Embark, we are a site designed to manage online rental reservations to users interested in booking (hereinafter “Client”). The Site www.embark.es, owned by EMBARK S.P., SLU (hereinafter “Company”), with CIF B16905614 is registered in the Commercial Registry of Granada, with address C/Brisa 18 18220 Granada, Spain.

When contracting any service through the platform or any of our Partners, the Client accepts without reservation the conditions of use, contracting and Policies contemplated in it.

1. Service given and Contract

EMBARK S.P., SLU through www.embark.es provides a service in which the Client may make the reservation, is subsequently when formalize a rental contract for the boat.

The nature of EMBARK S.P., SLU is that all Clients enjoy the best experience in recreational boating, so they will always be able to attend and mediate, as far as possible, any incident report made in writing through embark@embark.es.

The rental contract will have the duration indicated on the rental reservation form.

The Client and the Company accept the possibility of formalizing the agreements and contracts by any means admitted by law, including contracting through the web or email, business Partners, telephone recording, digitized signature or electronic signature, as well as that can be stored, organized or reproduced, by any means available.

The conditions of service and contracting take effect at the moment that the Customer generates the payment, after reservation form is filled.

2. The Company

Commits to:

• Supervise that all boats listed on embark.es comply with the mandatory CL insurance.
• Manage the payment from the Client for the rental reservation services and extras contracted, as well as blocking the reservation of the corresponding boat, until the date of celebration thereof.
• In the event that the vessel reserved by the Client is finally unavailable, the Company will offer the Client alternative vessels or dates the full refund of the amount blocked or paid, if there was.

Is not responsible for:

• Delays caused by other clients
• Weather conditions
• The Company will have a total access to the content of the Site, by the administrator of the web, including user profiles and internal messaging, will be authorized, according to the DPA to access, modify, rectify and delete any information of a profile that goes against what was agreed in the present terms and conditions.

3. The Client

The Customer shall be any person over eighteen years of age, with the authority to contract, who accepts and is obliged to comply with the contracting conditions set forth herein when generating a reservation form.

The Client undertakes to:

• Always offer accurate, correct and updated information on the requested data.
• Provide the Company with the data requested in order to manage their reservation and collection of the lease.
• Make payments of the amounts corresponding to the services contracted at the time of booking and / or hiring.
• Pay a deposit the booking day, to assume any bad use of the boat or delays returning the boat.
• Pay the Company for extras that were not expressly included in the reservation such as extra fuel and other requested services, in accordance with the lease agreement agreed between the parties.
• Claim directly to the Company any inconvenience derived from the service. Any incident, we recommend that you inform us for our knowledge, to embark@embark.es.

4. Booking process. Payment Methods. Deposits.

4.1 Booking process

Within the home page of Embark.es the booking process is simple:

• Select the model of boat of your interest

Adjust the search criteria by entering manually:

• Date
• Slot
• Number of passengers

After press Book Now, is mandatory to fill the booking form completely, otherwhise you wont be allowed to access to the payment

4.2 Payment Methods

• Credit or Debit card: Visa, Visa Electron, Master Card and American Express
• PayPal

4.3 Deposit

The deposit for the rental of the boat it is 150€. The Company will check the boat with the Client before departure and it will be responsible for the holding of the deposit, on the day of the reservation. Once the service has been completed, the Company and the Client to evaluate the boat, if there is no damage made or there is no extra fuel costs, the full deposit will be retourned to the Client.

5. Cancelation Policy

5.1 On behalf of the Client

• Before 30 days to the date of reservation: No penalty.
• Between 15 and 30 days before the reservation date: penalty of 15% of the price.
• Between 15 and 2 days before the reservation date: penalty of 30% of the price.
• Less than 2 days before the reservation date: penalty of 100% of the price.

The Company will reimburse the Client for the percentage of their reservation.

All cancellations will be processed by mail to embark@embark.es.

5.2 Major Force

It is understood as a Major Force:

• Extreme weather warnings that prevent all sea travel.
• Legislative and regulatory changes that prevent the leasing of the vessel or its transfer of use, or its navigation.
• Natural disasters, fires, storms, floods, wars and acts of terrorism, diseases, electrical surges and shocks, faults in navigation systems and equipment, motor, cooling, interferences and slowdowns of electronic communications networks and, in general, any unforeseeable event that occurs for reasons not attributable to the Company, not to the Client, and so expressly declared by the applicable regulations.

In case of major force, the client will be offered, if there is availability, a change of boat or dates. If there is a price difference upwards with the original reservation requested, the Client, if he agrees with the change, will be responsible for the payment. While in case of being down, the Company will refund the difference to the Client.

6. Change in policies

The Company reserves the right to introduce at any time modifications to these Terms and Conditions, with the changes introduced from the publication of the updated version on the Site. We keep the current General Conditions of application at the time of booking. Likewise, it reserves the right to modify, unilaterally, at any time and without prior notice, the presentation and configuration of the Website. Customers may consult the General Conditions of contract when they wish on the platform. Changes to the website or these conditions of use will be considered accepted by the user with the continued use of the Site.

7. Claims and Jurisdiction

If any of the terms of these conditions of use and contracting of the service were declared null in application of the legislation in force, or by virtue of a judicial decision of a court or body with sufficient jurisdiction, the remaining terms thereof shall remain in force.
Claims will be made in writing and with a method of reliable reception.
These conditions are subject to Spanish law. To resolve any dispute over the interpretation or its own jurisdiction, they expressly submit to the jurisdiction and competence of the marine authorities and, where appropriate, to the courts and tribunals of Spain.