1. Introduction

Welcome to OpenCommonsGateway ("we," "our," or "us"). These Terms & Conditions ("Terms") regulate your use of our yacht charter services and the website located at opencommonsgateway.top (the "Service") managed by OpenCommonsGateway.

By engaging with a charter or utilizing our Service, you accept these Terms. Should you not agree with any section of these terms, you are not permitted to use the Service.

2. Service Overview

OpenCommonsGateway offers an array of high-end yacht charter services, including but not limited to:

  • Chartering of yachts on a daily basis
  • Evening cruises
  • Business retreats
  • Private gatherings
  • Charters that extend over multiple days

Availability of services is subject to change depending on the weather. We may change or discontinue services without prior notice.

3. Booking and Reservations

3.1 Booking Process

To reserve a yacht, the following is required:

  • Minimum age of 18 years
  • Submission of precise and full details
  • Advance payment as directed in your booking confirmation
  • Acceptance of these Terms & Conditions

3.2 Confirmation

We confirm your booking upon the successful transaction of payment and our subsequent written confirmation. We maintain the right to decline service to anyone at our own discretion.

3.3 Availability

Yacht charters are reliant on the availability of the vessel and favorable weather conditions. We strive to accommodate your preferences for dates and times whenever possible.

4. Payment Terms

4.1 Pricing

All our rates are quoted in € and inclusive of any relevant taxes unless specified otherwise. We reserve the right to amend prices at our discretion without prior notification.

4.2 Payment Schedule

  • Initial Deposit: 50% of the entire cost of the charter, due at the time of reservation
  • Remaining Balance: Payable 48 hours prior to the departure of the charter
  • Supplementary charges (if applicable): Payable upon completion of the charter

4.3 Payment Methods

Payment options include major credit cards, bank transactions, and verified cheques. Your payments are processed through secure, encrypted technology.

5. Cancellation and Refund Policy

5.1 Customer Cancellations

  • If cancellation occurs over 72 hours before departure: Full reimbursement minus administrative fees
  • If cancellation occurs between 24 and 72 hours before departure: 50% refunded
  • If cancellation occurs less than 24 hours before departure: No refund provided

5.2 Weather Cancellations

Should the weather be deemed unsuitable for sailing by our captain, you may:

  • Reschedule the charter to an alternative date at no extra charge
  • Receive a complete refund if rescheduling isn't an option

5.3 Mechanical Issues

In case your assigned vessel experiences mechanical issues, we will make efforts to arrange a comparable alternative. If no such alternative is available, you will be refunded in full.

6. Safety and Conduct

6.1 Safety Requirements

All guests are expected to:

  • Adhere to instructions provided by the crew
  • Utilize safety gear as required
  • Inform of any medical issues that may impact their safety at sea
  • Stay within designated areas on the yacht

6.2 Prohibited Items

The items listed below are not allowed on board:

  • Glass articles
  • Illegal items
  • Weapons of any kind
  • An excess of beverages (beyond a reasonable quantity for consumption)
  • Pets (unless given prior approval)

6.3 Conduct

Guests should behave in a considerate and respectful manner. We have the authority to cease a charter prematurely with no refund if a guest’s behavior is perceived as a safety threat or it disrupts the experience for other guests.

7. Liability and Insurance

7.1 Our Liability

We limit our liability to the cost paid for your charter. We are not accountable for:

  • Injury to oneself due to individual negligence
  • The loss or damage of personal belongings
  • Indirect, accidental, or punitive costs
  • Delays caused by weather or extraordinary circumstances out of our control

7.2 Insurance Coverage

Our operations and vessels carry comprehensive marine insurance. You are responsible for personal travel and valuables insurance.

7.3 Assumption of Risk

Participation in our chartering services means you are aware that marine activities have inherent risks, and you take on the responsibility for your personal safety.

8. Modifications and Itinerary Changes

We may need to alter itineraries, paths, or schedules due to weather, security measures, or operational demands. We will endeavor to arrange alternative experiences of a similar quality.

9. Force Majeure

We are not responsible for postponements, cancellations, or changes caused by factors outside our influence, which may include, but not be limited to:

  • Severe weather phenomena
  • Natural catastrophes
  • Regulatory enactments
  • Port closures
  • Technical malfunctions

10. Privacy and Data Protection

Your private information will be treated in accordance with our Privacy Policy. By engaging with our services, you grant consent to the collection and use of your data as laid out in the Privacy Policy.

11. Intellectual Property

The content hosted on our website, encompassing text, imagery, logos, and icons, falls under copyright and trademark laws. Unauthorized reproduction, dissemination, or creation of derivative works is strictly prohibited unless expressly permitted by us in writing.

12. Governing Law

These Terms are subject to Spain's laws. Any dispute arising will be settled in the courts of Barcelona, Spain.

13. Changes to Terms

We reserve the authority to change these Terms at our sole discretion. Any amendments will be reflected on our website along with an updated revision date. Continued engagement with our services represents your agreement to the altered terms.

14. Contact Information

Should you have inquiries regarding these Terms & Conditions, please reach out to us at:

OpenCommonsGateway
Marina Port Vell
Barcelona 08039
Spain

Phone: +34 932 21 74 74
Email: [email protected]