Welcome to Embark, we are a website for the online rental of boats to people over 18 years of age (hereinafter «Client»).
The Site www.embark.es, owned by EMBARK S.P., SLU (hereinafter «Company»), with CIF B16905614 is registered in C/ Gabriel Fuster, 32, 07004 Palma de Mallorca, Spain.
By contracting any service through the website or our collaborators, the Client accepts without reservation the conditions of use, contracting and Policies contemplated therein.
- Service provided and Contract
EMBARK S.P., SLU through embark.es provides a service in which the Customer may make a reservation of a lease, subsequently generating a rental contract for the boat.
Likewise, the nature of EMBARK S.P., SLU is that every customer enjoys the best experience in recreational boating, so it will always be available to attend and mediate, as far as possible, to 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 formalising agreements and contracts by any means permitted by law, including contracting via the web or e-mail, collaborating companies, telephone recording, digitalised signature or electronic signature, as well as the possibility of storing, organising or reproducing them by any available means.
The conditions of service and contracting come into force at the moment the Client generates the payment, after filling in the booking form.
- The Company
Undertakes to:
Supervise that all boats listed on embark.es comply with the compulsory RC insurance in order.
Manage the collection from the Client for the rental booking services and extras contracted, as well as the blocking of the reservation of the corresponding boat, until the date of celebration of the same.
In the event that the boat booked by the Client is not available or the booking request has been rejected by the Company, the Client will be offered alternative boats or a full refund of the amount blocked or paid, if any.
No responsibility is taken for:
Delays caused by other customers
Weather conditions
We reserve the right to:
Remove or temporarily block from the Site any user who:
Misuses the platform by providing false or misleading information and/or documentation.
Has made negligent use of a vessel.
A total access to the content of the Site, by the web administrator, including users and internal messaging. You are authorised, in accordance with the LOPD, to access, modify, rectify and delete any information that contravenes the terms and conditions of these terms and conditions.
- The Client
The Client 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 out herein when generating a booking form.
The Client undertakes to:
Always provide truthful, correct and updated information on the data requested.
Provide the Company with the data requested in order to manage the reservation and collection of the rent.
To make the payments of the amounts corresponding to the contracted services at the time of booking and/or contracting.
To pay a deposit for the boat on the day of the reservation, for possible responsibilities for misuse, cause of damage to the boat or delays in the delivery of the boat.
Pay for extras that were not expressly included in the reservation such as: fuel or other extra services. We recommend that you inform us of any incident, so that we are aware of it, at embark@embark.es.
- Booking Process. Methods of payment. Deposits
4.1 Booking Process
Within the Embark.es home page the booking process is simple:
Select the boat model you are interested in.
Adjust the search criteria by entering manually:
Date
Time
Number of passengers
Once you have selected «Book» you will access the form to fill in the Personal Data, if you do not fill in all the fields marked with asterisks you will not be able to access the payment of the booking.
4.2 Payment Methods
Credit or Debit Card: Visa, Visa Electron, Master Card, and American Express.
PayPal
4.3 Deposits
The deposit for the rental of the boat will be 150€, the Company will check with the Client the boat prior to departure and will be responsible for the retention of the same, on the day of booking or in the manner agreed between the parties.
Once the service has been provided, the Company will check the condition of the boat with the Client. If no damage has been caused and no more fuel has been consumed than that included in the contract, the full amount will be refunded.
- Cancellation Policy
5.1 On the part of the Client
Before 30 days before the date of the reservation: no penalty of any kind.
Between 15 and 30 days before the booking date: penalty of 15% of the price.
Between 15 and 2 days before the booking date: penalty of 30% of the price.
Less than 2 days before the booking date: penalty of 100% of the price.
The Company will reimburse the Client the percentage of his booking according to the period within which the booking was made.
All cancellations will be processed by mail to embark@embark.es.
5.2 Force Majeure
Force Majeure is understood to mean
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, illnesses, failures in navigation systems and equipment, engine, refrigeration, interference and slowdowns in electronic communications networks and, in general, any unforeseeable event that occurs for reasons not attributable to the Company or to the users and which is expressly declared by the applicable regulations.
In the event of force majeure, the client will be offered, if available, a change of boat or dates. If there is an upward price difference with the original reservation requested, the Client, if he/she agrees with the change, will be responsible for the payment. In the case of a reduction, the Company will reimburse the difference to the Client.
- Policy changes
The Company reserves the right to make changes to these Terms and Conditions at any time, with the changes taking effect from the date of publication of the updated version on the Site. We retain the General Terms and Conditions in force at the time of booking.
Likewise, we reserve the right to modify, unilaterally, at any time and without prior notice, the presentation and configuration of the Website.
Customers and suppliers may consult the General Terms and Conditions whenever they wish to do so on the platform. Changes to the website or to these terms and conditions of use shall be deemed to be accepted by the user with continued use of the Site.
- Claims and Jurisdiction
If any of the terms of these terms of use and service contracting are declared null and void 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 of these terms will remain in force.
Complaints shall be made in writing and by a reliable method of receipt.
These terms and conditions shall be governed by Spanish law. To resolve any dispute over the interpretation or its own jurisdiction, expressly submit to the jurisdiction and competence of the marine authorities and, where appropriate, to the courts and tribunals of Spain.
RENTAL CONTRACT
The lessee expressly declares that he/she has read, understood and accepts all the general conditions of the rental described:
1.- The totality of the price, as well as the deposit may be paid in cash or by credit card, always before the delivery of the boat.
2.- The lessor will deliver the boat in perfect working order and cleanliness. If, due to a breakdown, the boat cannot be delivered, the lessor will offer the possibility of another boat, change of dates or refund of the amount, depending on availability. The lessee undertakes not to make any additional claims.
3.- No refunds will be made for cancellation of any or all of the crew members at the time of booking or in the middle of the contract. Likewise, no refunds will be made in weather conditions below force 6 winds.
4.- The lessee will use and take care of the boat received and all its accessories and will make every effort to avoid accidents or breakdowns. If necessary, the lessee must contact the lessor by telephone as soon as possible.
5.- The deposit received by the lessor, serves to respond to any damage that is not stated in the contract, or the delay in returning the boat (50€ for every 10min. delay). The deposit will be returned to the lessee, once the condition of the boat has been checked.
6.- At the time set in this contract for the return of the boat, the lessee must be disembarked, leaving the boat ready for inspection by the lessor. In the event of discrepancies, the lessor will retain the amount of the deposit, until a definitive resolution is reached.
7.- The boat has an insurance policy with the MAPFRE company with coverage for civil liability and occupants with the limitations stated in the policy.
