1. Definitions
- “Company” means One Smart Development Spółka z ograniczoną odpowiedzialnością, registered address: ul. Bonifraterska 17, 00-203 Warsaw, Poland, VAT no. (NIP): PL5252608382, KRS: 0000542159.
- “Charterer” means the person or entity making the booking.
- “Yacht” means the vessel assigned to the booking.
- “Captain / Skipper” means the licensed professional appointed by the Company.
- “Port of Departure” means Puerto Banús, Marbella, Spain.
2. Types of Charter
2.1 Mixed Charter
Mixed charter bookings are provisional until a minimum of 6 guests is confirmed. If the minimum number is not reached, the Charterer may:
- reschedule to another date or tour,
- pay the difference up to the minimum number,
- cancel and receive a full refund.
A deposit of 50% is required at booking. The remaining balance is payable before boarding or onboard.
2.2 Private Charter
Private charters are booked for exclusive use of the Yacht. Up to 12 guests may be onboard. Minors must be accompanied by an adult.
3. Booking & Payment
A booking is confirmed upon receipt of the deposit. Failure to pay the balance may result in cancellation without refund.
4. Cancellations by the Charterer
- 30 days or more before charter: 100% refund.
- Less than 30 days but more than 14 days: 50% refund.
- Less than 14 days: no refund.
A formal invoice may be issued for travel insurance purposes.
5. Weather & Sea Conditions
If the Captain considers conditions unsafe or unpleasant, the charter may be rescheduled or refunded in full. This does not apply to seasickness.
6. Authority of the Captain
The Captain has full authority regarding safety, navigation, and passenger conduct. Failure to comply may result in termination of the charter without refund.
7. Health & Medical Conditions
Guests must be physically capable of boarding and remaining onboard. If boarding is denied due to undisclosed medical or physical conditions, no refund will be provided.
8. Allergies & Medical Issues
Guests must inform the Company in advance of any allergies or medical conditions and bring required medication.
9. Insurance & Liability
Personal Accident and Civil Liability Insurance is included as required by Spanish law. Personal belongings are not insured.
10. Waiver of Liability
All adult passengers must sign a liability waiver prior to boarding. Parents or guardians may sign for minors. Boarding is not permitted without a signed waiver. Photos taken during the charter may be used for marketing purposes without compensation.
11. Prohibited Conduct
Illegal activities, unsafe behavior, and exceeding passenger limits are strictly prohibited.
12. Governing Law & Jurisdiction
These Terms & Conditions are governed by Spanish law. Any disputes shall be subject to the jurisdiction of the courts of Marbella, Spain.
13. Contact
One Smart Development Sp. z o.o.
ul. Bonifraterska 17, 00-203 Warsaw, Poland
Email: rent@banusyacht.com
