TERMS & CONDITIONS
Sail trip Mallorca - STM ( a Lighthouse product )
Article 1 – General
STM offers boat charters in the Balearics.
We reserve the right to change routes as well as start and end locations when weather conditions, shallows or other legitimate reasons so require. We will, as far as possible, inform passengers there of in a timely manner.
The skipper is always in charge. Safety is paramount.
By booking a ticket or chartering a boat you are accepting the terms and conditions of STM.
Article 2 – Day charters
1. Day charters are regular charters that can be booked per person or per group. Reservations can be booked through the online shop or via email reservations.
2. Our day charters in the Balearics take place on different partner vessels from time to time, we may transfer your booking to an alternative vessel with the same level of service or higher.
3. Passengers (including groups) for a day charter shall be present at least 15 minutes before the stated departure time and at the departure point agreed in the booking.
4. Passengers should note that one enters the vessel by stepping off the quay onto a gangway or by pick-up with our dinghy and then guided to the moored vessel. The vessels are not wheelchair accessible.
5. There are toilets on all our vessels free of use following the instructions given.
6. STM offers, depending of the type of your agreement, all inclusive on board. Not to be confused with unlimited intake. There is provision in light alcoholic beverages, including beer and wine. Supply of liquor may be possible. STM is allowed to put restrictions on alcohol consumption for safety reasons.
Article 3 – Waiting periods and delays
1. In the case of regular charters there are no waiting times. This means that if you have purchased a ticket and arrive too late at the boarding point, the boat will not wait for you and STM can reassign your seats. Also, you will not be entitled to change the date or have the ticket refunded.
2. During the excursion if you miss and overstay at any location you are not entitled to either a full or partial refund.
Article 4 – Transfers
1. You must ensure that, at the Pick Up Time, one of the Passengers has with them a mobile (or other similar means of communication) that is switched on and is contactable using the contact number provided during the booking process.
2. Once you have made your booking, we will send a confirmation e-mail / whats app / viber with all the relevant information regarding your pick up.
3. On the day of your pickup, wait outside at the allocated location at the time provided in the confirmation e-mail / whats app / viber.
Article 5 – Execution of the contract
1. Valid reasons for annulment of the contract are weather conditions (hard storm and/or high water) hindering or making the cruise impossible. The skipper determines in the first instance whether such conditions apply.
2. In case of misconduct, whether or not caused by alcohol consumption, the skipper has the right to pause or immediately terminate the charter. Persons who are already under the influence of alcohol/drugs at the start of the tour will be denied access to the boat. The customer’s payment obligation remains existent.
3. Alcohol under the age of 18 is prohibited. STM reserves the right to request a photo ID.
4. Passengers must follow all instructions of STM or its employees promptly and without delay. Access to vessels and jetties may be denied without a reason being provided, should this be deemed necessary by STM, for example in relation to capacity, safety, public order or the imminent threat of damage or nuisance.
Article 6 – Check-in and departure times
1. You should be at the vessel at least 15 minutes before the departure time. The boarding will close 15 minutes before departure. If you arrive at the boat later than this, you will not be allowed to board the vessel. If you want to travel on a later boat, you will have to pay the appropriate fare for that excursion.
2. All departure times will be sent via e-mail / whatsapp / viber or your preferred medium. STM is not liable for any conflicting information found in any other locations.
Article 7 – Liability of Sea charters
1. STM is not liable for any damage to and/or loss of the passenger’s property. The passenger takes all their property on board entirely at their own risk.
2. STM is not liable for damages to individuals or passengers’ goods, caused by entering or boarding a jetty or boat. The passenger enters these areas entirely at their own risk.
Article 8 – Liability passenger
1. The passenger is liable for damages caused by the passenger to the property/goods provided by STM or third parties.
2. All activities organized by STM take place entirely at the passengers’ own risk.
3. The Passenger should carry independent insurance for Personal Effects whilst on board or ashore and for any Medical or Accident expenses (including emergency transport evacuation) incurred.
4.The Passenger should be aware that neither Charterer’s Liability Insurance nor Cancellation and Curtailment Insurance are included in this Agreement.
5. If you are under medical treatment or other medical indications, you must give information about your special needs in
advance in the travel agreement form. You should take all the necessary steps to have a pleasant and safe stay on board so
that other guests are not inconvenienced or put into danger.
Article 9 – General Liability
STM is not liable for personal injury or damage of any nature, regardless of its cause, prior, during or as a result of the charter. The exception to this is damage caused by a deliberate act or the gross negligence of STM. The statutory damages are limited to the price of the boat rental of the charter in question.
Children fall under the responsibility of the parent(s). On request, a life jacket can be provided.
Should STM not be able to comply with their obligations due to force majeure (act of God), there is no entitlement to restitution or compensation.
STM has a liability insurance and her ship has an all-risk insurance. She is – as far as the limited – liability
insurance covers liable for bodily injury to the passenger. The cover is no less than is provided then is obligated to obtain a Spanish charter license.
Throughout the period of this Agreement STM shall insure the Vessel with first-class insurers against all customary risks for a Vessel of her size, value, and type on cover no less than is provided then is obligated to obtain a Spanish charter license.
Copies of all relevant insurance documentation shall be available on request for inspection by the CHARTERER prior to the Charter on reasonable notice to the OWNER, and shall be carried on board the Vessel.
The CHARTERER should carry independent insurance for Personal Effects whilst on board or ashore and for any Medical or Accident expenses (including emergency transport evacuation) incurred.
Article 10 – Payment, cancellation and amendments
1. In the case of a booking: in agreement with our offer, we will send you a confirmation of the booking.
2. The client may cancel the order in writing only.
3. Cancellation: if you have to cancel your charter, you can do that up to 1 week before departure. STM will charge only the deposit made. For every cancellation less than 24 hours before the charter starts, we charge 75 % of the costs.
4. In the case of unsuitable weather conditions we will set in consultation and without additional charge, a new date or we refund the total amount of your payment.
5. STM does not charge administration costs for booking amendments including cancellations.
6. STM reserves the right to cancel shared trips due to lack of participants. We will offer an alternative date without additional charge or we will refund the total amount of your payment.
Article 11 – Final provisions
1. Passengers shall be deemed to follow the instructions of the crew on quay, jetty and boat.
2. Wearing stiletto heels is strongly discouraged for reasons of safety and damage.
3. It is advised to not wear shoes of any kind on the vessels, depending on the weather.
4. The passenger is expected to take care of the environment and not to dispose of waste in the water. All personal consumption and the associated waste should be taken off the boat after the end of the charter.
5. Obvious errors and mistakes in the information provided, and / or published by STM will not bind STM. The European consumer law applies to these general terms and conditions.
Article 12 – Governing Law and jurisdiction
1. Disputes must be submitted to the competent court in the place of the flag state of the boat resides, in the case of STM this will be the Belgian flagstate..
2. These Terms and Conditions agreed to be booking a ticket or chartering a boat from STM and shall be governed by and construed in accordance with the law of Belgium and the parties hereby submit to the exclusive jurisdiction of the Belgian courts.
Article 13 – Complaints
1. If the participant finds a shortcoming in the implementation of the agreement, STM shall be notified as soon as possible, so that STM can find an appropriate solution. If the shortcoming is not resolved within a reasonable period of time and affects the quality of the arrangement or activity, this should be reported as soon as possible to STM .
2. If the complaint is not satisfactorily dealt with on the spot, it can be submitted within 14 days from the end of the arrangement or activity in writing to STM. A clearly specified account of what the complaints are should be presented.
Article 14 – Data Protection
1. In agreement with European data protection, GDPR you are informed that STM treat the information that clients procure for the Purchase/Procurement of SERVICES AND PRODUCTS. The procured data will be kept while the relationship between both parties is still active and the interested party does not want them to be suppressed within a time lapse of 5 years after the last procurement and/or a service carried out on your behalf. We will not assign personal data to third parties unless there is a legal obligation. Any person have the right to have confirmed whether in STM we are dealing with relevant personal data for themselves or not. Involved people have the right to access their own personal data, and to ask for its amendment of inaccurate data, as well as to ask for its removal when irrelevant.
FORCE MAJEURE: When force majeure is invoked in relation to breakdown or disablement, the Owner will instruct the Captain or Owner’s representative to submit a detailed technical report, a copy of the vessel’s maintenance log, if applicable, and all relevant supporting documentation to the Charterer or Charterer’s representative.
STM: Sail trip Mallorca ( a Lighthouse product)
ALL INCLUSIVE: Provisions on a boat are limited, we provide food and drinks as communicated on our website at convenient times, depending of the sea-state and the comfort levels during sailing. Drinks are depending of your package all included, If a drink mentioned as communicated on our website is not available we will provide other options if provisions are stocked. If the Captain deems that guest(s) are getting irresponsibly due to alcohol consumption he has to right to deny drinks containing alcohol.
CHARTER: A boat charter is a service in which a boat and/or its crew are rented out to a customer for a period of time. A charter is usually organised by one person that then is responsible to inform his or her co-passengers about the terms and conditions.