1. Introduction
These Booking Terms & Conditions govern all bookings made through www.spotiboat.com (the “Platform”), operated by Spotiboat Charter, S.L. (“Spotiboat”). By creating a booking request, making a payment, or otherwise using the Platform to reserve a boat, the User agrees to be bound by these Terms.
2. Definitions
“Platform” refers to Spotiboat.com.
“User” refers to any person making a booking request or booking.
“Provider” refers to the boat owner, charter company, broker, agency, or operator offering services.
“Booking” refers to any reservation request or confirmed reservation made via the Platform.
“Charter Services” refers to the services ultimately delivered by the Provider (boat rental/charter, crew, skipper, excursions, and related services).
“Administrative Fee” refers to Spotiboat’s booking and cancellation handling fee (up to EUR 250 as described below).
3. Role of Spotiboat
Spotiboat acts solely as a digital intermediary facilitating booking management, payment processing, and communication between Users and Providers. Spotiboat is not the owner, operator, manager, or charter provider of the boats listed unless explicitly stated. The charter agreement is concluded exclusively between the User and the Provider. Spotiboat is not a contractual party to the charter agreement and assumes no operational responsibilities related to boat operation, navigation, safety, crew conduct, seaworthiness, regulatory compliance, or service execution.
3A. Eligibility and User Definition
A User is any natural person or legal entity using the Platform to submit booking requests, make bookings, or otherwise access Spotiboat services. Users must be at least eighteen (18) years of age and possess the legal capacity to enter into binding contracts under applicable law. By using the Platform and making a booking request or payment, the User represents and warrants that these conditions are fulfilled. If a User acts on behalf of another person or entity, the User represents and warrants that they have full authority to do so.
4. Booking Process and Availability Confirmation
Bookings are confirmed only once accepted by the Provider and once the applicable payment conditions are fulfilled. Availability displayed on the Platform is indicative only and always subject to Provider confirmation. Due to the large volume of listings, multi-channel distribution, and external system integrations, availability information may not always be updated in real time. A boat displayed as available at the time of search may no longer be available at the moment of booking. Spotiboat verifies availability with the Provider prior to final confirmation and may place provisional holds on requested dates where possible. If a booking cannot be confirmed due to unavailability, Spotiboat may offer alternative options or issue a refund of any amounts paid, without additional compensation. For last-minute requests, confirmation may require manual verification and availability displayed online may not reflect real-time status.
5. Means of Contracting and Electronic Acceptance
The User agrees that the booking process and acceptance of these Terms may be completed electronically, including through the Platform, email communications, recorded calls where permitted, and other legally valid means. The User acknowledges that clicking acceptance boxes, submitting a booking request, and/or making any payment constitutes valid consent. Records stored by Spotiboat may be used as evidence of the transaction and acceptance.
6. Payments, Payment Methods, and Payment Incidents
All payments for the booking price are collected by Spotiboat on behalf of Providers. Spotiboat subsequently transfers funds to Providers according to commercial agreements. Payment handling does not imply that Spotiboat assumes Provider obligations regarding Charter Services. Accepted payment methods may include credit or debit cards, bank transfers, and any other methods made available on the Platform. Payment schedules will be displayed during checkout or communicated in writing. If a payment fails, is reversed, or is not received within the required timeframe, Spotiboat and/or the Provider may cancel the booking request or confirmed booking. Spotiboat may take reasonable measures to prevent fraud and may request additional verification where needed. The User remains responsible for ensuring payment accuracy and availability of funds.
7. Pricing, Content, and Information Accuracy
All boat descriptions, prices, availability, specifications, images, extras, locations, and service details displayed on the Platform are provided by Providers, either directly or through third-party distribution systems and API integrations. Due to the dynamic nature of such integrations and the global scope of the Platform, Spotiboat does not independently verify or guarantee the accuracy, completeness, or reliability of this information. Users acknowledge that such content may be subject to errors, delays in synchronization, inaccuracies, or discrepancies. Spotiboat reserves the right to correct information, cancel or adjust bookings if necessary, and notify Users accordingly. Spotiboat shall not be liable for discrepancies originating from Providers or third-party systems. If after confirmation a booking price is determined to be lower due to Provider correction, Spotiboat will refund the difference once received from the Provider.
8. Cancellation Policy, Administrative Fee, and Rebooking
Cancellation terms are defined by the Provider and displayed within each listing. In the event of cancellation, Spotiboat may retain an administrative fee of up to EUR 250 to cover booking management, payment processing, and cancellation handling. This fee may be deducted from any refund issued. If the User elects to apply the refundable amount towards a new booking made through the Platform, Spotiboat may waive this administrative fee at its discretion.
9. Provider Unavailability, Substitution, and Refund-Only Rule
If the Provider cannot deliver the Charter Services due to operational reasons, safety decisions, technical issues, regulatory constraints, or force majeure, alternatives may be offered or the booking may be cancelled. Where a booking cannot be performed and no suitable alternative is accepted, the User’s remedy is limited to a refund of amounts eligible for refund under applicable policies. No additional compensation shall be owed.
10. Security Deposit and Extras
Security deposits, optional extras, fuel, skipper services, mooring fees, and other operational costs are defined and managed by the Provider. Unless explicitly stated otherwise, such amounts are paid directly by the User to the Provider and are not collected by Spotiboat. In certain cases where Providers include these items within the total booking price or request Spotiboat to manage their collection, Spotiboat may process such payments on behalf of the Provider without assuming responsibility for their administration.
11. Charter Conditions and Operational Decisions
Operational aspects including weather conditions, routing, safety decisions, substitutions, delays, or service adjustments are determined solely by the Provider or captain.
12. Insurance
Insurance coverage is defined exclusively by the Provider. Users are responsible for verifying coverage scope and adequacy prior to booking and departure.
13. User Responsibilities
Users agree to provide accurate information, maintain credential confidentiality, supply requested documentation, authorize data sharing with Providers, possess required licenses, make payments on time, pay operational costs not included in the booking price, use services responsibly, and provide truthful feedback. Spotiboat relies on the accuracy and authenticity of User information and does not independently verify such information.
14. Provider Responsibilities
Providers are solely responsible for boat condition, regulatory compliance, crew conduct, and service performance. Spotiboat relies on Provider-supplied information and does not conduct physical inspections or independent audits. Spotiboat shall not be liable for inaccuracies, omissions, or discrepancies between published information and actual services.
15. Claims and Disputes Between User and Provider
Claims regarding service quality, incidents, damages, or contractual breaches must be addressed directly between User and Provider. Spotiboat may assist as facilitator but assumes no adjudicative role.
16. No Right of Withdrawal
Charter Services are leisure services provided on specific dates. Where permitted by law, statutory withdrawal rights do not apply. Mandatory consumer rights remain unaffected.
17. Limitation of Liability
To the maximum extent permitted by law, Spotiboat shall not be liable for acts or omissions of Providers or Users. Spotiboat’s total aggregate liability shall be limited to the commission received for the relevant Booking.
18. Indemnification
Users and Providers agree to indemnify and hold Spotiboat harmless from claims arising from disputes between them or from service execution, except where caused by Spotiboat’s proven willful misconduct.
19. Force Majeure
Neither party shall be liable for failure to perform obligations due to events beyond reasonable control including weather, technical failures, regulatory restrictions, strikes, or natural disasters.
20. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in effect.
21. Notices and Communications
All notices and communications must be sent to info@spotiboat.com. Electronic communications may satisfy legal notice requirements where permitted.
22. Modifications
Spotiboat reserves the right to update these Terms at any time. Continued use of the Platform constitutes acceptance of updates.
23. Governing Law and Jurisdiction
These Terms shall be governed by Spanish law. Any dispute shall be subject to the exclusive jurisdiction of the courts of Córdoba, Spain, unless otherwise required by applicable consumer protection regulations.
24. Contact
info@spotiboat.com
25. Platform Use, Acceptable Conduct, and Suspension
Users shall not misuse the Platform, interfere with functionality, attempt unauthorized access, use scraping tools, misrepresent identity, or bypass booking processes. Spotiboat may suspend access, cancel bookings, or take protective measures where misuse is detected.
26. Identity Verification, Fraud Prevention, and Compliance
Spotiboat may request identification or verification information at any time. Failure to cooperate may result in suspension or cancellation. Spotiboat may refuse transactions suspected of fraud or regulatory violations.
27. Chargebacks and Payment Disputes
Users initiating chargebacks agree to notify Spotiboat, provide documentation, and cooperate in investigations. Spotiboat may recover related losses and restrict access in cases of abusive disputes.
28. Platform Availability and Technical Limitations
Spotiboat does not guarantee uninterrupted operation. The Platform may be affected by maintenance, failures, or third-party dependencies. Spotiboat shall not be liable for temporary unavailability or synchronization delays.
29. Intellectual Property Rights
All Platform content is owned by Spotiboat or licensors and protected by intellectual property laws. Providers grant Spotiboat a license to use listing content for Platform operation. Users may not exploit Platform content without authorization.
30. Platform Evolution and Feature Changes
Spotiboat may modify Platform features, design, integrations, or services at any time without compensation obligations.
31. Language Versions and Interpretation
Where multiple language versions exist, the English version shall prevail unless mandatory law provides otherwise.
32. Entire Agreement
These Terms constitute the entire agreement between Spotiboat and Users regarding Platform use and bookings.
33. Assignment
Spotiboat may assign its rights and obligations without prior consent. Users may not assign their rights without authorization.
34. Waiver
Failure to enforce any provision shall not constitute waiver of future enforcement rights.