These rental terms and conditions applies to the website owned and operated by whalestenerife.com.
1. Contract of Hire
All bookings are accepted by whalestenerife.com and are subject to these conditions which are deemed to have been accepted in full by the hirer and all persons in the party.
Bookings can be made through the website and would be deemed to be accepted once payment is received.
2. Confirmation of booking
Your booking is only confirmed when you receive the Booking confirmation statement which we will issue within 24 hrs. after your payment has been booked on our account. A booking confirmation statement will be send to you by email if one is provided.
3. Form of Payment
Unless otherwise agreed in writing, all payments need to be made by bank transfer, credit or debit card. Please !consult our payment instruction page for further instructions.
4. Cancelation by hirer
Cancelation in any case will affect in full forfeiture of any payment you have made related to your booking. Therefore we recommend to take out a Travel insurance which covers these kind if incidents.
5. Alterations and cancelations by us
In the unlikely event that a charter becomes unavailable due to circumstances beyond our control, we will offer an alternative period if possible, Alternative charter if possible or a full refund of the payments you have made. The refund is only limited to the rental costs. We are not liable to cover costs that may incur related to your travel arrangements.
6. Alteration charges
In general, confirmed bookings can not be altered, Therefore a travel insurance that covers such incident is strongly recommended. In case alteration is allowed, an alteration to the booking period can only be accepted upon availability of another charter. If your new period falls in a different season where charter prices are lower, no refund will be paid. If your new period is longer than your initial period, you will have to pay additional costs, If your new period is shorter then your initial period, no refund will be paid.
In addition a 100 Euro administration fee is applicable and the new period will only be confirmed as soon as all payments related to the change are transferred in the account of Papillon Yacht Services sl.
The maximum members allowed on board of our vessel is 12 Persons. Under no circumstances you are allowed to exceed the maximum occupancy.
Animals are not allowed aboard our vessel.
Smoking is prohibited on all our vessels.
Shoes need to be taken off by boarding the vessel.
Papillon Yacht Services sl. will refuse admittance to the vessel if the conditions are broken.
Itineraries are subject to change due to weather conditions or other circumstances. The final decision regarding the itineraries lies with the Captain of the Charter. In all cases safety aboard has priority.
9. Equipment Breakdown and Damages
A modern yacht contains many pieces of machinery and equipment which have to work in a marine environment. Although the yachts are very well maintained, equipment breakdown can still occur. As long as the quality of the trip is not unduly affected by the equipment breakdown, such a breakdown itself is no ground of complaint.
Should a guest have a complaint they should inform the Captain of the yacht or the shore base. The Captain or the shore base will do the utmost to rectify the problem. Complaints which have not first been expressed to the Captain or the shore base will not be taken in consideration.
11. Hirer’s responsibility
The customer is responsible for taking all reasonable care of the vessel and its content. The Customer shall ensure that no member of his party engages in any activity in or around the vessel which may cause damage, offence to others, this include unacceptable social behaviour.
Neither the owner of the vessel, whalestenerife.com, the manager, personal or their representatives can be held responsible for any circumstances beyond their control including, but not limited to, mechanical breakdown, illness, accident etc…
13. Injury and Damages
whalestenerife.com as your booking agent ,on behalf of the owners of the vessel, has no responsibility to compensate you for any personal injury, illness, death, loss or damage of whatever nature suffered by you or any member of your party during the booking period or thereafter.
14. Accuracy of information
We always take a great deal of care to work with the owners of our vessel to make sure that the information and photography contained in this website are to the best of our knowledge accurate. However all our vessels are privately owned and therefore from time to time owners may make changes to their vessels. All information supplied by actifday.com is given in good faith and is based on information available at that time. All reasonable measures have been taken to ensure accuracy, but whalestenerife.com and their representatives are not liable for any variation on the information we have provided in our website.
15. Law and Jurisdiction
whalestenerife.com acts solely as an intermediary booking agent on behalf of the vessel owners. The rental contract is ultimately between the vessel owner and the hirer. Any dispute arising from the hire of the vessel will be resolved between the hirer and the owner.
The hire of the vessel/Charter does not include any personal insurance cover of any kind. It is a condition of booking that an insurance is taken out against cancellation and it is strongly recommended that personal accident and medical insurance is also taken out.