1. 1. Definitions
      The terms defined below have these general conditions and the meanings attributed to them are below the terms each time they start with a capital letter, whether they are used in the singular or in the plural.

Listing: designates a Rental or Co-navigation published by the boat Owner on the website.
General Conditions of the Service: designates to these general conditions of use
DIGINAUTIC: designates the company Diginautic S.L., a limited liability company with its registered office at Calle Granada 57, Urb. La Capellanía, 29639 Benalmádena (Málaga), Spain, with the tax identification code (CIF) B56943426, registered in the Mercantile Registry of Málaga.
Co-navigation: designates the navigation activity sharing the costs of owning, maintaining and using the Boat. This participation calculated by the Owner under his sole responsibility, must be strictly limited to a share of those expenses. The Owner is prohibited from taking any benefit from Co-navigating. The Owner acknowledges and accepts that the perception of any amount that exceeds the simple distribution of expenses could lead to the reclassification of Co-navigation as a transportation activity, Diginautic declining any responsibility that may derive from this reclassification,
Diginautic Commissions: designates a percentage of commission included in the price but paid by the Owner to Diginautic as remuneration for the intermediation service that Diginautic provides to the Owner. So the customer is not the one who pays the Diginautic commission. The amount of this commission is liable to vary depending on the contractual agreement between Diginautic and the Owner.
Diginautic Tax: These take into account the costs related to the operation of our platform that allow us to offer services such as Customer Service during your trip. VAT included
Content: designates all text, graphic, image, video, information or other elements that Users post, upload, publish, send, transmit or include in their Listing or User account so that it is available on the Website.
Boat: designates any Diginautic vessel put up for rent on the Website (such as sailboats, motorboats, barges, catamarans, jet skis etc.),
Renter: designates any natural or legal person who books a boat for rent or for Co-navigation,
Rental: designates the rental of a Boat to a Renter by any Owner at the dock or at the sea
Additional Options: designates the options that the Renter can subscribe apart from the Owner’s Price (bed linen costs, cleaning, etc.),
Start Date: designates the start of the Rental or arrival at the Boat on the first day of the Rental / or Co-navigation,
The time of cleaning, refueling and check-in and check-out is part of the rental period provided for in the contract.
Renter Price: designates the price shown in the Owner Listing without the additional options. The renter’s price does not include neither the place of the Boat in the ort nor the amount of fuel, except if the opposite is specified in the announcement.
Owner’s Price: designates the price freely chosen by the Owner at the moment of publication of his Listing, with the Diginautic Commission included,
Owner: designates any natural or legal person, professional or private, who, claiming to be the owner or possessor of a Boat, offers their Boat for rent on the Diginautic website. By extension, it also designates the representative of an Owner, this representative having to justify the existence and possession of the power he has received.
Professional Owner: designates any owner or holder who uses the Service in a professional capacity and whose activity is declared in the Mercantile Registry in accordance with the regulations in force in the locality, region and country where the Professional Owner carries out his activity,
Private Owner: designates any owner or holder who does not use the Service in a professional capacity in accordance with the regulations in force in the locality, region and country where the Private Owner carries out his activity.
Service: designates the set (i) of the service that puts Owners and Renters in contact to facilitate the Co-navigation or Boat Rental at the dock or at the sea and (ii) the reservation management tool and of payments between Users,
Website: designates the website www.Diginautic.com/en/,
Users: designates any user of the Website and the Service whether they are the Owner or the Renter.

 

2. 2. Acceptance of the General Conditions of Service
      The use of the Service and the Website is subject to these General Conditions of Service constitute a contract that governs the relations between the User and Diginautic. They annul and replace all the previous provisions and constitute the totality of the rights and obligations of Diginautic and the User for their purpose. The parties accept that in the event of an inconsistency between the information on the Website and the General Conditions of Service, the latter shall prevail. It is considered that the User gives his total and complete acceptance, without reservations, of these General Conditions of Service from the moment he ticks the box I accept the General Conditions and the privacy policy when creating your user account or subscribing to an offer.
      If this box is not checked, the User acknowledges that the creation of the User account and the use of the Service is neither possible nor valid.

Diginautic reserves the right to make changes at any time, they will take effect from the moment they are published on the Website. By continuing to use the Website, Users tactically accept the latest updated version of the General Conditions of Service.

 

3. 3. Purpose of the Service
      The Service is a service that puts Owners and Renters in contact to facilitate Co-navigation or Boat Rental, as well as the management of payments between Users. Diginautic is a mere intermediary, who does not provide any service to the User, that is, Diginautic is not the one who provides the leasing service, who provides it is the Owner, to whom Diginautic provides an intermediation service in the nautical leasing.

Each User understands and accepts that Diginautic is at all times a third party in the contractual relationship between an Owner and a Renter. Diginautic is limited to acting not only as an intermediary in the nautical leasing but also as an intermediary between the payment by the client and the collection by the final service provider. The fact that Diginautic receives the money from the User, to later transfer it to the Owner, does not mean that Diginautic charges the User for the leasing service. Diginautic only charges its commission and / or its Diginautic Rate for the intermediation. In this way, Diginautic will not comply with the obligations of a User in their place nor will it be responsible for the breach of contractual obligations by a User.

Each user agrees to respect the terms and conditions present in said contract issued by the Owner.

 

4. 4. Access to the Service
      The Users of the Diginautic platform undertake to provide accurate information. Diginautic is not responsible for the confirmation of the identity and the information communicated by the Users. For the sake of transparency and to prevent fraud, in accordance with applicable legislation, Diginautic may ask Users to provide an official identity document or other information, or to submit to other controls aimed at verifying identity and background Users, consult external databases or other sources of information.

4.1. Juridical Capacity
The service is reserved for individuals of legal age, emancipated minors, with full legal capacity and for legal persons who can comply without reservation with the present General Service.

4.2. Access
In order to use your User account, the User must have an email address and a valid mobile phone number during the entire period of use of the Service.

 

5. 5. Use of the Service
      5.1. Creation of a User account
      In order to use the Service, the User must first create a User account following the process that appears on the Website and / or that is received by email.

The User is solely responsible for maintaining the confidentiality of their access codes to their inbox and to their User account, Diginautic is not responsible in the event that someone other than the User or an authorized person uses the Service.

In the event of forgetting their user information or of improper use of it by third parties, the User agrees to inform Diginautic of this as soon as possible by email.

The User agrees to update their contact information on the Website in the event of a change in their email address and / or mobile phone number.

5.2. Posting an Announcement
Any Owner can publish one or more Listings free of charge to offer a Boat for Co-navigation and / or Rental, subject to the provisions of article 6.1.1.

The Owners undertake to publish online Listings with the quality of the services offered (in particular price, condition of the boat, etc.).

By checking the box “I accept the general conditions” when creating a User account or publishing a Listing, the Owner understands and accepts that their Listing may also be published on the websites of one or more of the Diginautic group companies, which owns viator.diginautic.com, including diginautic.es, diginautica.com, diginautica.es, diverboat.com as well as the various domains of these websites.

Each owner is responsible for the content of the Listings published on the site and for the accuracy and sincerity of the information indicated in their Listing.

The fact that a Professional Owner presents himself as a non-professional, or that he informs in the Announcement of information that does not correspond to reality is a deceptive commercial practice and is punishable according to the regulations in force.

It is reminded that the Service provided by Diginautic is limited to contacting owners and Renters and managing the collection in favor of the Owner. In these circumstances, Diginautic is not responsible for the misleading or incorrect nature of a Listing.

Diginautic is not responsible for any User, Boat or Listing.

Diginautic asks the Owners that their Listings include at least one photograph about the Boat and indicate:
the characteristics and location of the Boat,
if the parking space in the base port is included in the Rent and / or Navigation.
the nautical qualifications necessary for its use in the case of Rental or if it requires the presence of a navigation professional,
the dates of availability of the Boat,
the Daily Owner Price chosen based on the availability dates,
the amount owed per hour or per day in case of delay in the return of the Boat,
the amount of the possible guarantee deposit necessary for the Rental of the Boat,
all possible additional expenses (bed linen, cleaning),
the conditions of cancellation of the Rental or Co-navigation chosen by the Owner according to the options provided in article 7.3.
In the case of a Rental, the Owner’s Price is freely chosen by himself. It includes the Diginautic Commission.

In the case of a Co-navigation, the Owner agrees that the Owner’s Price is strictly limited to a quota of the costs of owning, maintaining and using the Boat. The Owner is prohibited from taking any benefit from Co-navigating. The Owner acknowledges and accepts that the receipt of any amount that exceeds the simple distribution of expenses could lead to the requalification of Co-navigation as a transport activity, with Diginautic declining any responsibility that could derive from this reclassification.

The Professional Owner undertakes that the Owner’s Price is, at most, equivalent to the public price shown on any other platform, publication or on his own website.

Diginautic will show in the Listing published on the Website the corresponding Renter’s Price with the total price in euros that the Renter must pay to the Owner, including (i) the Owner’s Price and (ii) the additional expenses expressly mentioned in the Announcement, if applicable. . The Listing price includes VAT. The Price does not include fuel expenses, except if otherwise indicated in the Announcement.

Within the framework of the Rental, the Users understand, acknowledge and accept that the Rental contract only applies to the Boat, not including the space reserved by the Owner for the Boat parking in the port.

However, the Renters benefit, free of charge, the right to use this space during the duration of the Rental contract to park the Boat in the event that this possibility is explicitly contemplated in the Announcement.

5.3. Insurance
The Owner undertakes to only offer the reservation of Boats covered by insurance for their Rental and / or Co-navigation activities, regardless of the User’s nationality, the planned navigation area and / or the usual base port of the Boat.

The Owner thus undertakes to inform his annual recreational boat insurer about his Rental or Co-navigation activity.

5.4. Renter’s reservation request
The Renter selects a Boat, a Start Date and an end date for the Rental or Co-navigation on the Website, as well as, if applicable, one or more of the additional options proposed by the Owner in the chosen Listing. This selection constitutes a Reservation Request for the Boat (the “Reservation Request”).

The Owner then has 1 to 72 hours to accept or reject this request. Once this period has expired, the Reservation Request will expire.

The Owner may accept or reject a Booking Request, at its sole discretion. Diginautic limits itself to intermediating between the User and the Owner, transferring, where appropriate, to the User the confirmation made by the Owner of the reservation.

5.5. Boat Reservation
After charging the amount of the Renter’s Price to the Renter’s bank account, to his credit card or through any other means of payment accepted by the platform, Diginautic communicates to each of the Users the information and personal data of the other User.

The users agree to only make use of that information within the framework of the Rental or Co-navigating object and refrain from contacting directly in the future to make a new Rental or Co-navigating reservation outside the platform offered by Diginautic.

Diginautic is not part of the nautical lease reservation contract, the only party to the contract is the User and the Owner. Diginautic only acts as an intermediary between the two. On the Start date, the Owner and the Renter undertake to carry out a contradictory entry review and to sign a Rental or Co-navigation contract between them.

On the end of the Rental or Co-navigation day, the Owner and the Renter undertake to carry out a contradictory departure review, verifying the status of the boat that is the object of the rental, and to resolve any differences that may arise from this concept. Between the parts.

In the event that the Renter does not appear at the scheduled time for the return of the Boat, he / she will have to pay the Owner the amount corresponding to the delay that appears in the Announcement.

5.6. Security Deposit
The Owner may require a security deposit to Rent his Boat.

The amount of this security deposit is specified in the Announcement. In the event of omission on the part of the Owner, it is their sole responsibility to fix it by mutual agreement with the Renter.

Within the framework of a rental between a Professional Owner and a Renter, the Professional Owner has the right to demand from the Renter a security deposit in the form of a check, fingerprint or debit from his bank card or any other form of payment of the amount indicated in the Listing.

Diginautic is not responsible in any case for the management of the guarantee deposit under any aspect, especially in case of disagreement between the Owner and the Renter regarding the enforceability of the security deposit.

Users understand and accept that Diginautic will not act as a mediator or arbitrator in the event of a dispute between Users, whatever it may be.

5.7. User Evaluation
Each user can evaluate another User with whom they have signed a Rental or Co-navigating contract by writing a comment and / or by a scoring system. Only the Rentals and / or Co-navigating carried out really give the right to publish an evaluation.

The Owner’s Listings will be classified based on the quality of the comments and / or notes, the frequency of reservations and the Owner’s speed of response.

Users cannot themselves delete a comment written by another User.

The User can also notify Diginautic of the presence of a comment that does not respect these General Conditions of Service by sending an email to Support.

Diginautic reserves the right to delete any comment that violates current regulations (racist, discriminatory, contrary to good conduct or public order …) at its sole discretion, as well as to delete User accounts in the event of repeated inappropriate comments.

 

6. 6. Obligations of the parties
      6.1. Obligations of the User
      The User agrees to:
      use the Website and the Service in accordance with these General Conditions of Service and with the laws in force,
      offer truthful, lawful, objective information and respecting the laws in force (insult, incitement to hatred, racism …),
      act in good faith when using the Service and the Website,
      only have a User account and not open a User account to someone other than himself,
      only use his User account in a personal capacity, since all actions carried out from his User account are considered to have been carried out by himself,
      update your information regularly by connecting to your User account,
      not transfer your User account to third parties or to another User,
      maintain the confidentiality of the access codes to your User account,
      be able to justify the aforementioned degrees and / or nautical qualifications at all times, if required.,
      respect the administrative and health formalities in force (especially in case of navigation outside France),
      draw up and sign on the Start Date a Rental or Co-navigation contract that includes a contradictory entry review. In the event that the User and the Owner do not sign a written lease contract, the User must know that they are also bound by a verbal lease agreement with the Owner, of which Diginautic is not a party.
      sign with the date of Rental or Co-navigation, or with the date of return of the Boat in case of delay, a contradictory departure review of the Boat. The Renter may formulate any reservation of his choice in writing in the Rental or Co-navigation contract at the time of the review.
      Each User must be responsible for filing on a memory medium external to the Website the information that can be consulted on the Website that they need for the purpose of keeping evidence, accounting, etc.

However, Diginautic will make available to Users on the Website the different versions of the General Conditions of Service from the creation of the User account.

6.1.1. Specific Obligations of the Owner
The Owner agrees to:
be able to justify at all times that he is the Owner or possessor of the Boat,
have, if applicable, your boat legally declared and / or registered with the competent administrations,
Only offer for reservation Boats equipped and well maintained, with possible technical controls up to date, that have an appropriate security system for their category of navigation, updated equipment and regular maintenance,
if applicable, make the Special Verification Register available to the Renter and the authorities, in case of control,
have subscribed and maintain valid throughout the duration of the publication of your Listing, an insurance (civil liability or all risk) in accordance with the conditions of article 5.3 and be able to present a valid insurance certificate when requested by Diginautic and / or the Renter,
verify the identity of the Renter before signing the Rental contract,
verify that the bank card used to pay for the Rental and / or Co-navigation belongs to the Renter on the Start Date of the Rental.
verify that the Renter is the holder of the titles and / or qualifications mentioned in his nautical curriculum and necessary to navigate with the Boat, if the lease is without skipper,
Verify that the name that appears in the Rental contract or, if verbal, of the reservation or Co-navigation is the same as the identity document presented by the Renter and the payment card used to pay for the Rental or the Co-navigation and presented on the Start Date,
inform the Renter in the Listing and / or the Rental or Co-navigation contract, of any limitation of liability of their insurer.
provide Diginautic with the rental contract signed by both parties, as well as any other document that allows Diginautic to respond to a payment cancellation procedure from the Renter’s bank. Diginautic may demand reimbursement from the Owner of the rental amount if the Owner is not in a position to provide such supporting documents.
The owner accepts and undertakes to respect his social and tax obligations based on his status before the competent administrative authorities.

The Owner understands that Diginautic dissociates itself from any obligation of advice and that Diginautic does not assume any responsibility in this regard.

The Owner is obliged to provide the Renter, upon request, an invoice with the Owner’s Price.

The Owner also undertakes not to divert and / or contact the Users of the Service and not to enter into Rental and / or Co-navigating contracts directly with them, without a reservation through the Website.

6.1.2. Specific obligations of the Renter
The Renter undertakes to:
be the owner of the bank card used to book the Boat,
verify the status of the Boat, the validity of the possible technical controls, the presence on board of an appropriate security system for the Boat’s navigation category and updated equipment, before signing the Rental contract,
if applicable, resort to the Special Verification Registry,
inform Diginautic, by sending an email to Support, less than 2 hours after the start of the Rental and / or Co-navigation, of any litigation / disagreement related to the Announcement and / or the Boat, with the objective of blocking the payment while the corresponding Users decide whether to cancel the reservation in accordance with the conditions of article 7 or to continue with it,
pay for any infraction that you have committed during the duration of the Rental, as soon as the Owner requests it,
be the holder of the titles and / or qualifications necessary for navigation with the Boat,
only allow the number of people allowed by the ship’s security system to board,
use the boat responsibly for recreational boating, within the framework of the maritime and customs legislation in force, excluding any trade, professional fishing, transport, towing or other operations,
Return the boat to the Owner with all its equipment in the same conditions as at the beginning of the rental, in a correct state of cleanliness and within the established deadlines.
The Renter understands that Diginautic dissociates itself from any obligation of advice and does not assume any responsibility in this regard.

6.2. Diginautic’s obligations
Diginautic is committed to doing its best to:
guarantee the functioning of the Website in accordance with article 9 that appears below,
respond to the requests of the Users regarding the Service as soon as possible,
pay the amount owed to the Owner in accordance with the conditions of article 8 by transfer to the Owner’s bank account,
make a refund, if applicable, to the Renter, in accordance with the conditions of article 7,
allow Users to download from their User account, the invoices related to Diginautic Commissions.

 

7. 7. Cancellation of the reservation
      All cancellations must be notified in advance to Diginautic by users through the user account and / or the cancellation procedure described in the reservation confirmation email (cancellation link) or by sending an email to Support.

A cancellation only becomes effective after Diginautic sends an email notifying the cancellation.

In the event of cancellation and if the Renter has subscribed a cancellation insurance, the declaration must be opened in regards to the Yacht Pool conditions.

7.1. Due to a case of Force Majeure
In the event of circumstances of force majeure in the sense of article 11, any User may request, through Diginautic, the Owner (i) postpone the reservation to a later date or (ii) cancel the reservation, after having justified said circumstances in writing to Diginautic within a maximum period of 12 hours after the Start Date.

If the Rental or Co-navigation is applied for a duration greater than one day, the Owner will not proceed to the reimbursement of the Renter’s Price, which the Renter accepts.

Diginautic does not assume any responsibility in this regard.

7.2. Due to the Owner
The Owner may not request the cancellation of the Rental and/or Co-navigation he has accepted, except in case of force majeure.

In the event that for serious personal reasons accepted by Diginautic, the Owner cancels a booking, Diginautic will endeavour to offer the Renter another equivalent Boat in the relevant period.

If no alternative solution is found, articles 7.2.1 and 7.2.2 shall apply.

After two abusive or unjustified cancellations, Diginautic reserves the right to delete the Owner’s User account in accordance with the conditions of article 13.

The Diginautic Commission will then be invoiced to the Owner. The amount due in this respect will be automatically charged and with full rights by Diginautic on the next transaction made by the Owner through the Website and the Service.

However, if the cancellation of the booking by the Owner is due to the Renter’s inability to justify his titles or qualifications mentioned in his aquatic CV, this cancellation will be considered justified.

The Renter may in no case demand reimbursement of the amount of the Renter’s Price from the Owner. The Owner shall receive the Owner’s Price after deduction of the Diginautic Commission.

7.2.1. Due to the Individual Owner
If no alternative solution is found or if the Owner’s request for cancellation of the reservation is motivated by Renter’s clearly insufficient level of navigation, ascertained under actual conditions by Owner on the Start Date (except in case Renter is unable to justify his titles or qualifications), this cancellation shall also be considered justified.

The Renter must receive from the Owner the full reimbursement of the Renter’s Price after deduction of the Diginautic Commission within fifteen (15) days by bank transfer.

The Private Owner will therefore not receive the Owner’s Price after deduction of the Diginautic Commission.

7.2.2. Due to the Professional Owner
If no alternative solution is found, or if the Owner’s request for cancellation of the reservation is motivated by Renter’s clearly insufficient level of navigation, ascertained under actual conditions by Owner on the Start Date (except in case Renter is unable to justify his titles or qualifications), this cancellation will also be considered justified.

Renter understands and agrees that he/she may only request reimbursement of the Renter’s Price (after deduction of the Diginautic Commission) directly from the Professional Owner, without ever holding Diginautic liable in this respect. In this case, the Professional Owner undertakes to reimburse Renter for the Renter’s Price.

7.3. Due to Renter
Renter may cancel the reservation under the conditions established by Owner and indicated in the Listing among the options available on this link: https://www.Diginautic.com/en/cancellation-policy, or those stipulated jointly between the parties, through a signed contract or any written means, which shall prevail, excluding, without exception, any condition on Diginautic, Diginautic’s Commission or its Service Fee.

Owner must reimburse the Renter, the Renter’s Price based on the applicable cancellation conditions, after deduction of the Diginautic Commission within a maximum of fifteen (15) days. In case of a rental with a Professional Owner, his cancellation conditions apply, which must be indicated in the Boat Listing.

7.3.1. If the Boat does not correspond to the Listing
In the event that the Boat does not correspond to the Listing and that the Listing has been published by a Private Owner, the Renter shall inform Diginautic before the Rental by submitting all possible supporting documents.

The Renter must decide whether or not to cancel the Rental and/or Co-navigating.

In the event that he/she decides to maintain the Rental and/or Co-navigating, he/she will not be able to request a refund of the Renter’s Price for any reason whatsoever for this reservation.

In the event that it is verified that the Boat does not correspond to the Listing and the Renter decides to cancel the Rental and/or Co-navigating, the Private Owner agrees, on a commercial basis, and without this allowing the User to involve Diginautic’s responsibility in any way, to fully reimburse the Renter’s Price to the Renter, within fifteen (15) days after the cancellation by bank transfer.

In case the Listing has been published by a Professional Owner, the Renter understands and accepts that he/she may only request the reimbursement of the Renter’s Price (after deduction of the Diginautic Commission) directly to the Professional Owner, without ever holding Diginautic liable in this respect.

7.3.2. If there is a breakdown during the Rental and/or Co-navigating
In the event that the Rental and/or Co-navigating contract has been concluded with a Private Owner and the Boat suffers a serious failure (breakdown) during the Charter and/or Co-navigating which prevents the Boat from being used in accordance with its main purpose. In case this failure prevents the enjoyment of the Boat for more than 23 (twenty-three) hours, the Renter may terminate the contract. No other damages and interests will be taken into account. If there is a breakdown during the Charter and/or Co-navigating and in case of a one-day charter, this period is fixed at 2 (two) hours

The Renter must decide whether or not to cancel the Rental and/or Co-navigating.

In case he/she decides to maintain the Rental and/or Co-navigating, he/she will not be able to ask the Owner, and much less Diginautic, and in no case, for a refund of the Renter’s Price, for whatever reason for this reservation.

In the event that you decide to cancel the Rental and/or the Co-navigation and that this cancellation takes place:
before payment of the Owner’s Price (after deduction of the Diginautic Commission) to the Owner, the Owner agrees, on a commercial basis, and without this enabling the User to hold Diginautic liable in any way whatsoever, to reimburse the Renter’s Price in full to the Renter by bank transfer, pro rata for the duration of the booking not made by the latter, within fifteen (15) days after the cancellation,
after payment of the Owner’s Price (after deduction of the Diginautic Commission) to the Owner, the Owner undertakes to reimburse the Renter’s Price to the Renter by bank transfer within fifteen (15) days after cancellation.
In case the Listing has been published by a Professional Owner, Renter understands and accepts that he/she may only request the reimbursement of the Renter’s Price (after deduction of the Diginautic Commission) directly to the Professional Owner, without ever holding Diginautic liable in this respect.

7.4. Due to Diginautic
In some cases, Diginautic may be forced to cancel a reservation (cessation of collaboration with an Owner, non-compliance with the obligations of the Users…).

Diginautic will make every effort, without any commercial commitment, to offer a similar or equivalent alternative to the Renter. If this is not possible, Renter will receive a full refund of the amounts, in the event that the cancellation takes place before payment of the Owner’s Price to the Owner, as per 7.3, without being able to hold Diginautic liable in this respect.

 

8. 8. Terms of payment of the Rental or Co-navigation
      The payment of the Renter’s Price by the Renter is made for each reservation, in advance, by credit card on the Website through the Stripe payment solution when the Owner accepts the Reservation Request.

Under certain conditions, and subject to Diginautic’s express agreement, the User may pay by bank transfer.

Payment of the Renter’s Price by the Renter is made in one lump sum.

In certain cases and subject to specific conditions of the Owner, the Renter may pay his reservation in two payments.

In any case, and regardless of the method of payment, the User must be clear that he/she does not pay Diginautic, as Diginautic only manages, where appropriate, the collection in favor of the Owner.

In case of cancellation due to the omission in the payment of the remaining balance the Renter will not receive a refund of the amount of the initial payment already made regardless of the cancellation conditions provided by the Private Owner in the Listing.

Diginautic undertakes to transfer the payment to the Owner’s account of the Owner’s Price from which (i) the Diginautic Commission is deducted within 24 hours after Start Date of the Rental, except if Diginautic receives a claim before 2 p.m. on the Start Date. Any delay in receipt of payment is subject to the bank and geographical area.

In case of charter with a Professional Owner, Diginautic will apply the payment conditions set by the Professional Owner.

The Renter therefore accepts that in case of booking with a Professional Owner, he/she must contact the Professional Owner directly in case of a refund request for any reason whatsoever.

Diginautic will issue an invoice to the Owner for the amount of the Diginautic Commission, which can be downloaded directly from his User account.

In case of a Rental with a Professional Owner, the Renter may request an invoice directly from the Professional Owner.

 

9. 9. Availability of the Service and the Website
      Diginautic undertakes to do its best to make the Service and the Website available 24 hours a day, 7 days a week without interruption, except if changes or updates are required.

The user must take into account that the Website and the Service are exposed, like any computer application, to failures, irregularities, errors or interruptions that may be due mainly to connection problems.

Therefore, Diginautic does not guarantee the User that the Site and the Service will be permanently available.

The User cannot in any case hold Diginautic responsible for these failures, irregularities, errors or interruptions, even if they have caused him/her any damage.

 

10. 10. Liability
        10.1. Limitation of liability
        Diginautic recalls that it is not a party to the reservation, rental or Co-navigating contracts concluded between Users.

In the event of a claim, the User may not hold Diginautic liable in any case whatsoever. Diginautic cannot be held responsible for the management of delays and possible disputes between Users.

Subject to the exclusions of liability provided for in these General Terms and Conditions of Service, it is agreed that in any event and regardless of the basis, the liability that Diginautic may incur in any way whatsoever in connection with the Website or the Service may not, except in case of gross negligence, exceed the total amount invoiced by Diginautic to the Owner for the Rental or Co-navigation from which the event giving rise to Diginautic’s liability arises.

In no event shall Diginautic be liable for compensation for indirect or extra-contractual damages, even if Diginautic has been informed of such possible damages.

The User acknowledges that the Service’s tariff conditions are based on these limitations and exclusions, without which Diginautic would not have entered into any contract.

10.2. Exclusions of liability
In addition to the cases provided for in these General Conditions of Service and especially in articles 5.1 and 9, Diginautic is not liable in the following cases:
improper or unlawful use of the Site and/or the Service by the User,
unavailability of the Website and/or the Service in accordance with article 9 above,
fraudulent intrusion of a third party on the Site and/or the Service,
non-conformity of the condition of the Boat with respect to the Listing,
non-compliance with administrative and sanitary formalities by the User.
In addition, Diginautic is not responsible for the compliance of the Users with their social and fiscal obligations according to their status and does not give advice to the Users in this respect.

In any case, Diginautic is not responsible neither for the refund of the money that the User may be entitled to against the Owner, nor for the liabilities that may arise from the reservation, or from the rental, as Diginautic is a mere intermediary.

10.3. Hypertext links
The Website may include links to other websites or other internet sources. Diginautic has no control over these external websites and sources. Therefore, Diginautic is not responsible for the availability of these external websites and sources and declines all responsibility for the Content, advertising, products, Services and any other element available on the latter. Furthermore, Diginautic shall not be liable for any proven or alleged damage or loss resulting from or in connection with the access, use or reliance on the content, goods or services available on these Websites or external sources. Diginautic is only responsible for the hypertext links it creates. Any difficulty linked to a link that it has not created must be brought to the attention of the administrator or webmaster of the relevant website.

 

11. 11. Force Majeure
        The parties agree that these are cases of force majeure:
        special weather forecasts that prevent sailings at sea,
        natural disasters, fires, storms, floods, wars and terrorist attacks, strikes within the company, disabling and serious illness, electrical surges and shocks on the Boat, breakdowns in the refrigeration systems and computer equipment, blockages and slowdowns in electronic communication networks and, more generally,
        more generally, any unforeseeable event beyond the control of Diginautic and the Users.

11. 11. Confidentiality
        Diginautic undertakes to keep confidential all information collected when creating the User account.

Diginautic undertakes not to use any data obtained from the User for purposes other than those of the Service, and especially not to resell this data to third parties for commercial purposes, except if required by law or by any administrative or judicial authority.

 

13. 13. Suspension / Termination
        The User acknowledges that Diginautic has the right to suspend access to the Service or to terminate its contractual relations with the User, or to delete any User account, as of right, with a simple notification by email and without further formalities for any reason, and in particular:

in case of improper or unlawful use of the Service especially in case of payment problems (including suspicions of money laundering),
in case of non-compliance with the General Terms and Conditions of Service,
in case of cancellation of more than two reservations, except in case of force majeure, in accordance with the conditions of article 7,
in case of particularly negative evaluations by other Users or in case of non-conformity between the Boat and the Listing,
in case of cessation of the operation of the Site and/or the Service by Diginautic.
The User therefore undertakes not to create a new User account.

The User may terminate his User account at any time by simply notifying Support by email.

However, he/she undertakes to maintain and ensure the management of ongoing or accepted reservations.

 

14. 14. Personal Data
        As stated in article 5.2, the Diginautic group, to which Diginautic belongs, may transmit personal data to one of its subsidiaries for the following purposes: to provide a service that connects Owners and Renters to facilitate Co-navigating or Boat Rental, to manage payments between Users, to detect or examine fraudulent or illicit activities, to ensure compliance with the legislation in force, which the Holder accepts.

We inform you that the personal data of our customers will be processed in accordance with the main principles of transparency, limited purpose, minimization of information, accuracy, completeness and confidentiality, as well as respecting the other obligations and guarantees included in the regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of data.

The data controller is Diginautic S.L., a limited liability company with its registered office at Calle Granada 57, Urb. La Capellanía, 29639 Benalmádena (Málaga), Spain, with the tax identification code (CIF) B56943426, registered in the Mercantile Registry of Málaga.

In accordance with the Data Protection Act No. 78-16 of January 6, 1978, its implementing orders in accordance with the General Data Protection Regulation (GDPR), the user has a right of access, modification, rectification and deletion of data concerning him/her, exercisable through Support.

Depending on the choice made when creating the User account, the User will be eligible to receive commercial offers from Diginautic. If the User does not wish to do so, he/she may at any time exercise his/her opposition by sending an e-mail to this effect to Support.

Diginautic stores certain personal data in accordance with the law in force and the information stipulated in its Privacy Policy. You agree to this processing of personal data and acknowledge them through the use of its website and your registration as a user.

 

15. 15. Intellectual Property and Copyright
        15.1 Intellectual Property
        “Diginautic” and the logo appearing on the Website are registered trademarks owned in their entirety by Diginautic. No license is granted to the User.

Diginautic is the owner of the intellectual property rights associated with the Service and the website, and in particular relating to the software elements, the ergonomics, the layout, the graphic elements, the logo and the design of the Website.

It is forbidden for the User to infringe Diginautic’s intellectual property rights in any way whatsoever.

The Users are solely responsible for the Contents and release Diginautic from any liability in case of claims related to the Contents for violation of the rights of third parties and of the legislation in force and undertake to indemnify Diginautic for any damage it may cause and to reimburse it for any damages and interests, expenses, especially consultancy, which may arise in this respect.

Each user grants free of charge a non-exclusive right to reproduce, represent, modify, translate, adapt and sublicense the Content for the duration of the copyright and throughout the world, on any other digital, analog or paper support, for commercial or non-commercial purposes.

15.2 Intellectual property and copyrights of Users and third parties
Diginautic respects intellectual property rights, and asks its Users to assume the same commitments.

The User undertakes to respect the copyrights of other Users, as well as those of third parties, as defined in the Intellectual Property Code.

Diginautic reserves the right to disable or terminate the account or access of Users who violate, or are repeatedly accused of violating, the copyrights or other intellectual property rights of third parties. Diginautic will address claims of copyright infringement committed by a User upon complaint by the User, who must send a notice of alleged copyright infringement in due form to Support.

 

16. 16. Autonomy of clauses and severability
        If one or more provisions of the General Terms and Conditions of the Service are declared null and void by application of a law, regulation or following a final decision of a competent jurisdiction, the remaining provisions shall retain their full force and effect, to the extent permitted by such decision. In addition, the failure of either party to rely on a breach by the other party of any provision of the General Terms and Conditions of Service shall not be construed as a waiver by that party of its right to rely on such breach in the future.

16. 16. Cookies
        When accessing the Site, a cookie may be automatically installed and temporarily stored in the memory or on the User’s hard disk to facilitate navigation on the Site. Cookies are used to store information related to the use of the Site (such as the pages consulted, the date and time of access, etc.). Users have the right to refuse the use of cookies by configuring their browser. This operation will however entail the deletion of all cookies used by the browser, including those used by other websites, which may result in the alteration or loss of some settings or information. The elimination of cookies may modify or hinder the User’s navigation on the Website.

16. 16. Publication – Web Hosting
        Name of web host: Y8270736L – Ludovic Fernez, Ctra de Cártama 30 LO, 29120 Alhaurin el Grande, Málaga – Spain. https://ludovicfernez.com

16. 16. Governing Law
        These General Terms of Service are governed exclusively by Spanish law.

Consumers may also make use of the online dispute resolution platform, through the link https://webgate.ec.europa.eu/odr.

Diginautic does not undertake and is not obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

Diginautic will not be able to consider any claim if there is no signed contract between Renter and Owner.

Claims must be sent to Diginautic within 24 hours after taking possession of the Boat through Support.

Diginautic is not a party to the contract binding Renter and Owner, its role is limited to assisting both parties to reach a friendly agreement.