Pure Yachting by Marina Balear S.L.
GENERAL TERMS AND CONDITIONS
All yachts displayed on the website of Pure Yachting (as a brand of Marina Balear Yates S.L.) are for information purposes only. An offer is subject to verification of availability and price.
All content and data/prices displayed on our website (www.pure-yachting.com, pure-yachting.de, www.marina-balear.com, and linked pages) are without express guarantee of accuracy and completeness.
Pure Yachting (as a brand of Marina Balear Yates S.L.) accepts no liability for any direct, indirect or consequential loss or damage suffered by any user in connection with our website or in connection with the use, inability to use or the results of the use of our website, the websites linked to it and the materials published on it, including but not limited to any liability for: Loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The charter contract will contain specific terms and conditions that apply to the booking of the charter yacht - such as the liabilities and obligations of the contracting parties. As a rule, the charter contract will be based on the standard terms and conditions of the MYBA (The Worldwide Yachting Association).
Contractual partners: The charter contract is concluded between the charter company (owner and/or charter company) and the charterer/hirer. Pure Yachting (as a brand of Marina Balear Yates S.L.) acts solely as an intermediary between the owner and the charterer and cannot be held liable for any default or breach of this contract or any part thereof.
In the event of obvious errors in the calculation of the contractually agreed charter fee and extras, the owner/charter company and the agency have the right and obligation to correct the fee according to the valid price list without affecting the legal validity of this contract.
Verbal promises and subsidiary agreements are only valid after written confirmation by the owner/charter company. Information is provided to the best of our knowledge, but without guarantee.
If the contractually agreed service is not possible at the time of booking due to a travel ban between the customer's home country and the country of performance, a postponement of the charter booking within 12 months will be sought, but this must be confirmed by the owner in each individual case. There is no legal entitlement to a postponement. Additional costs due to seasonal price adjustments may have to be taken into account. A postponement does not release the owner from the contractually agreed payment dates. This agreement includes Covid 19-related travel bans.
In the event of a travel warning or travel restriction between the customer's home country and the country of performance, the generally applicable cancellation conditions apply (unless otherwise agreed in writing). This agreement includes Covid 19-related travel warnings and restrictions.
By accessing the website (www.pure-yachting.com, pure-yachting.com, www.marina-balear.com, and linked sites), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you disagree with any of these terms, you are prohibited from using or accessing this website.
You are not permitted to do so:
Pure Yachting (as a brand of Marina Balear Yates S.L.) is the owner or licensee of all intellectual property rights in our website and the material published on it.
Links to our home page are permitted only if they are done so in a way that is fair and legal and does not damage our reputation or imply any form of association, approval or endorsement on our part (unless expressly stated). You must not establish a link from any website that is not owned by you.
Where our websites contain links to other websites and content provided by third parties, these links are provided for information purposes only. We have no control over the contents of those sites or resources, and accept no responsibility for them - or for any loss or damage that may arise from your use of them.
Exclusion of liability: Any further claims of any kind whatsoever against the charter company, the owner and the broker are excluded, unless they were committed intentionally or through gross negligence. Bodily injury is excluded from the exclusion of liability. In the event of a legal regulation to the contrary, the claim against the owner shall be limited to the amount of the charter fee. Claims of the RENTER against the insurance cover are unaffected and remain unaffected.
Jurisdiction: The parties agree that this contract shall be governed by the laws of Spain and subject to the jurisdiction of the Spanish courts
Severability clause: Should individual provisions of the contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.