Introduction
These General Terms and Conditions (hereinafter referred to as the "Conditions") govern the commercial relationship between Ibiza Sol Charter (the trade name of Antoni Roig Roig, with registered office at Trvsia. Vapor Mallorca, 07840, Spain, Tax ID: 47405851E, email: info@ibizasolcharter.com, phone: +34 630856327), hereinafter "IBIZA SOL CHARTER", and its Clients (hereinafter, the "Client").
Requesting and contracting any of the services offered by IBIZA SOL CHARTER constitutes the Client’s explicit, full, and unreserved acceptance of all of these Conditions, as well as of any Specific Conditions that may supplement, modify, or replace them with respect to particular services.
1. PURPOSE OF THE SERVICES AND THE CONTRACT
1.1. Intermediation
IBIZA SOL CHARTER primarily acts as an intermediary in the booking of recreational boat rentals and the organization of maritime excursions (hereinafter, the "Services"). Through its website www.ibizasolcharter.com (hereinafter, the "Website"), the Client may manage reservations for boat rentals or participation in excursions, with the rental or service contract being subsequently established directly with the end service provider (hereinafter, the "Final Provider").
1.2. Payment Authorization
IBIZA SOL CHARTER is authorized by the Final Providers to manage the collection of amounts related to the reservation and the total price of the rental or excursion.
1.3. Intermediation Responsibility
IBIZA SOL CHARTER’s responsibility is limited to the proper management of intermediation, facilitating contact between the Client and the Final Provider. The actual provision of the rental or excursion service is the sole and direct responsibility of the Final Provider. IBIZA SOL CHARTER assumes no responsibility for total or partial non-fulfillment or defective fulfillment of the obligations of the Final Provider. Nevertheless, IBIZA SOL CHARTER strives to ensure quality service by requiring its Final Providers to meet industry standards and contractual terms. Repeated breaches by a Final Provider may lead to their removal from the platform.
1.4. Client Acceptance
The Client understands and agrees that the Final Provider is the party signing the boat rental contract and is solely responsible for the proper execution of the service. The Client also agrees that any additional services, extras, or security deposit, if applicable, shall be managed and charged directly by the Final Provider, unless otherwise stated.
1.5. Alternatives and Refunds
IBIZA SOL CHARTER reserves the right to propose alternatives to the Client (such as different boats or dates) or to proceed with a full refund of the amounts paid if, for reasons beyond its control or due to the Final Provider’s decision, a reservation cannot be confirmed.
2. BOOKING PROCESS AND CONFIRMATION
2.1. Booking Formalization
To formalize a booking, the Client must follow the steps indicated on the Website, which include:
- Selecting the desired boat or excursion, dates, and any applicable additional services.
- Verifying availability.
- Providing personal details and, if required, the necessary boating license.
- Accepting these Terms and any Specific Conditions of the service.
- Paying the required deposit, generally 50% of the total service amount, or the amount specified at the time of booking.
No boat or excursion will be considered confirmed until this payment is received.
2.2. Booking Confirmation
Once the deposit has been paid and acceptance by the Final Provider is verified, IBIZA SOL CHARTER will send the Client a booking confirmation. The rental or service contract will be formalized with the Final Provider.
2.3. Remaining Payment
The remaining balance must be paid by the Client on the date and in the manner specified by IBIZA SOL CHARTER, usually before boarding or when signing the contract with the Final Provider. The deposit payment implies acceptance of these Terms.
3. CLIENT OBLIGATIONS
The Client agrees to:
- Provide truthful, complete, and up-to-date information in all forms and communications.
- Be of legal age and possess the legal capacity to enter into contracts.
- Provide all necessary data for the correct management of the reservation, formalization of the contract with the Final Provider, and payment processing by IBIZA SOL CHARTER.
- Consent to the transfer of their personal data to the Final Provider solely for the purpose of formalizing the rental or service contract and complying with applicable regulations. The Final Provider shall ensure confidentiality and compliance with data protection laws.
- Present the required documentation and nautical licenses necessary for operating the vessel, if the rental is without a professional skipper.
- Make payments within the specified deadlines and using the agreed methods.
- Use the boat and its equipment responsibly, in accordance with current maritime legislation and good navigation practices.
- Cover the cost of services or consumables not expressly included in the booking price, such as fuel (unless otherwise stated, particularly in excursions), professional skipper (if hired as an extra), moorings outside the home port, port fees, and other requested extras, as outlined in the contract with the Final Provider.
4. RATES AND PAYMENT CONDITIONS
4.1. General Inclusions
The prices published on the Website for boat rentals generally include: insurance with deductible, standard final cleaning service, basic courtesy drinks, ice, and snorkeling equipment. Any other specific inclusions will be detailed in the boat or excursion listing.
4.2. General Exclusions
Not included (unless expressly stated otherwise):
- 21% Value Added Tax (VAT).
- Cost of consumed fuel (settled at the end of the rental according to consumption, or specific conditions).
- Professional skipper services (if not included in the base rate or booked separately).
- Moorings at ports other than the home port.
- Other optional extras (e.g., paddle boards, special packs), which will be priced separately.
4.3. Excursions
For excursions or tours specifically advertised as such, the indicated price usually includes VAT and fuel. If a skipper is mandatory and not included as part of the excursion package, its cost and payment method will be clearly specified during the booking process and paid on the day of the excursion prior to departure. Skipper service requirements may vary depending on the selected excursion.
4.4. Security Deposit
For rentals without a professional skipper, a security deposit (currently €1,500, subject to change) will be required to cover possible damages, equipment loss, or contractual breaches. This deposit will be returned to the Client after the rental ends and the vessel is inspected and found to be in satisfactory condition (check-out). No deposit is required if the services of a skipper designated or approved by IBIZA SOL CHARTER or the Final Provider are contracted.
4.5. Payment Methods
Payments may be made by credit/debit card (Visa, MasterCard, etc.) through the Website’s secure payment gateway, or by bank transfer to the account specified by IBIZA SOL CHARTER. The remaining balance, if applicable, may be paid as agreed, including at the port before boarding. In case of a technical failure with the online payment, IBIZA SOL CHARTER will provide alternatives to complete the payment within a maximum of 24 hours from the booking request or by the due payment date.
5. DELIVERY AND RETURN OF THE VESSEL (CHECK-IN / CHECK-OUT)
5.1. Check-in
Before delivering the vessel, the Client (or designated skipper) and a representative of the Final Provider will conduct a joint inspection (check-in), verifying the general condition, equipment, and inventory of the boat. A compliance document will be signed.
5.2. Return Conditions
The vessel must be returned at the agreed location, date, and time, and in the same working condition, with equipment and inventory as it was delivered. At the end of the rental, a similar inspection (check-out) will be conducted.
5.3. Damages and Deposit Deductions
Any damage, malfunction, missing items, or extraordinary cleaning needs not covered by the standard final cleaning that are identified during check-out and attributable to the Client will be deducted from the deposit or, if the deposit is insufficient, additionally claimed from the Client.
6. FLEET, CREW, AND SAFETY
6.1. Fleet Guarantees
IBIZA SOL CHARTER and its Final Providers guarantee that all offered vessels comply with current regulations, have the necessary rental licenses, liability and accident insurance, and have passed the relevant technical inspections.
6.2. Safety Equipment
All vessels are equipped with the legally required safety and lifesaving equipment.
6.3. Professional Crew
If crew services are contracted (such as a skipper or deckhand), the personnel will hold the appropriate qualifications and experience required to operate the vessel and ensure passenger safety.
7. NAVIGATION ROUTES AND SCHEDULES
7.1. Route Flexibility
The proposed navigation routes are indicative and subject to weather and sea conditions. The safety and comfort of Clients are a top priority. The skipper (either a professional or the Client themselves, if properly licensed) will make the final decision on the most suitable and safe route. IBIZA SOL CHARTER or the Final Provider’s staff may advise on the best options at the time of boarding.
7.2. Standard Hours
Standard schedules for day charters:
- Check-in: From 10:00 a.m.
- Check-out: Until 6:00 p.m.
(These times may vary slightly depending on the vessel or specific agreements and will be confirmed during booking.)
7.3. Scheduled Excursions
Excursion or tour schedules will be specified in the description of each activity.
7.4. Home Port
Mooring at the vessel’s home port is included in the rental price for the start and end dates of the contract. Mooring costs at other ports or marinas shall be borne by the Client. It is not mandatory for the vessel to stay overnight at the home port unless otherwise agreed.
8. CANCELLATION POLICY
8.1. Cancellation Due to Adverse Weather Conditions
Adverse weather conditions are considered those that prevent safe and comfortable navigation, defined by the occurrence of at least TWO of the following situations in the intended navigation area, using the WINDY app or another reliable agreed-upon source as reference:
- Significant wave height exceeding 1 meter.
- Sustained wind speed exceeding 20 knots.
- Intense and continuous rainfall forecasted for more than 2 hours during the sailing day.
In case of a justified cancellation due to such conditions, and at the discretion of the Final Provider and/or IBIZA SOL CHARTER, the Client will be offered:
- A change of date to carry out the service, subject to availability of a similar vessel.
- The issuance of a voucher for the amount paid, redeemable for a future service within 1 year from the date of issue.
The decision to cancel due to bad weather ultimately rests with the Final Provider or the skipper, always prioritizing safety.
8.2. Client Cancellation (Withdrawal)
If the Client decides to cancel a confirmed booking, the following penalties will apply to the total price of the contracted service:
- Cancellations made more than 30 days before the service start date: 25% penalty of the rental price.
- Cancellations made between 15 and 30 days (inclusive) before the start date: 50% penalty.
- Cancellations made less than 15 days before the start date or no-shows at the agreed time and place: 100% penalty.
- For bookings made less than 48 hours before departure, cancellations made less than 12 hours in advance will incur a 100% penalty.
Additionally, IBIZA SOL CHARTER may apply a €50 administrative fee for processing any cancellation initiated by the Client. Cancellations must be clearly communicated in writing to the following email address: info@ibizasolcharter.com.
8.3. Cancellation by the Final Provider or IBIZA SOL CHARTER
The Final Provider or IBIZA SOL CHARTER may terminate the contract and cancel the booking, without any compensation or refund due to the Client, in the following cases:
- Non-payment by the Client of the amounts due within the established deadlines.
- Reckless, negligent, or intentional conduct by the Client or their companions during use of the vessel.
- Violation of applicable laws or navigation rules, including but not limited to: exceeding the authorized number of persons onboard, navigating outside permitted areas for the vessel or the Client’s license, or engaging in illegal activities.
- Unexpected vessel malfunction that makes it unsafe to use prior to the start of the service. In such case, IBIZA SOL CHARTER will attempt to offer a suitable alternative or, failing that, refund the amounts paid by the Client in full.
9. FINAL SERVICE PROVIDER
The Final Service Provider may be a private boat owner, a charter company, a broker, or another agency managing the availability and rental of vessels. IBIZA SOL CHARTER provides the online platform where these Final Providers can advertise their vessels, based on the information they themselves provide.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1. Personal Belongings
Neither IBIZA SOL CHARTER (in its role as intermediary), nor the Final Provider, nor the professional skipper (if applicable), shall be held liable for the loss, damage, or misplacement of luggage, personal belongings, or any possessions of the Client or their companions on board, whether before, during, or after the rental or excursion period.
10.2. Client Responsibility
The Client is directly responsible for any personal or material damages that they or their companions may suffer or cause to third parties or to the vessel itself due to negligence, recklessness, inexperience, or failure to comply with safety regulations, the instructions of the professional skipper (if present), or applicable laws.
10.3. Exemption for Breaches
The Client fully assumes responsibility and releases IBIZA SOL CHARTER and the Final Provider from any fines, penalties, damages, or losses resulting from breaches of the clauses of this contract or violations of any regulations (including fishing, environmental, maritime safety, customs, etc.) during the term of the contract. This includes damage to port facilities or other vessels.
11. CLAIMS
Any claim the Client wishes to make regarding the provided service must be submitted in writing and in detail, preferably at the end of the service or upon return of the vessel, directly to the Final Provider, with a copy sent to IBIZA SOL CHARTER for their awareness and, if possible, mediation. IBIZA SOL CHARTER is not responsible for any items forgotten or left on board the vessel.
12. PERSONAL DATA PROTECTION
In compliance with current personal data protection regulations, the Client is informed that the data provided will be processed by IBIZA SOL CHARTER for the purpose of managing the booking, the contractual relationship, and sending commercial communications (if authorized). The necessary data may be shared with the Final Provider for the formalization and execution of the rental or service contract. The Client may exercise their rights of access, rectification, erasure, objection, restriction of processing, and data portability by contacting info@ibizasolcharter.com. For more information, please refer to our Privacy Policy on the Website.
13. MODIFICATION OF THE CONDITIONS
IBIZA SOL CHARTER reserves the right to modify these Conditions at any time. Such modifications will not have retroactive effect, unless legally required.
14. APPLICABLE LAW AND JURISDICTION
The relationship between IBIZA SOL CHARTER and the Client, as well as the interpretation and enforcement of these Conditions, shall be governed by Spanish law. For the resolution of any disputes that may arise, both parties expressly submit to the jurisdiction of the Courts and Tribunals of Ibiza, waiving any other jurisdiction that may correspond to them.