Terms and Conditions

1. Definiciones

The terms defined below shall have the following meaning in these general terms and conditions, whenever they begin with a capital letter, whether used in the singular or plural.

‘Advertisement": means a Rental or Conavegation offer published by an Owner on the Website,

‘Boat-Manager": means the intermediary service of the Owners with concierges who are in charge of check in, check out, signing the rental contract and welcoming the Tenants on behalf of the Owners,

‘GTU": means these general terms and conditions of use,

"LISTA SÉPTIMA": means the company LISTASEPTIMA BALEARES S.LThe company is a limited liability company with a capital of 3,000 euros, whose registered office is located at Calle Pinar 6 BIS, 2ºG, Madrid, 28006, registered in the Mercantile Register of Madrid on Page M-794786 Volume 45166 Folio 40.

‘Conavigation": means the activity of navigation by sharing the costs of ownership, maintenance and use of the Vessel. This participation, calculated by the Owner on his sole responsibility, must be strictly limited to a share of these expenses. It is forbidden for the Owner to make any profit from the Vessel. The Owner acknowledges and accepts that the receipt of any amount exceeding the simple sharing of expenses could result in the reclassification of the Boat Launch as a transport activity, and LISTA SEPTIMA declines all liability that could result from this reclassification,

‘LISTA SEPTIMA Commissions": means a commission percentage included in the Price for the Hirer and due by the Hirer as remuneration for the service. The amount of this commission may vary depending on the conditions set at any given time by LISTA SEPTIMA.

‘Content": means any text, graphics, images, video, information or other elements that Users post, upload, publish, publish, submit, transmit or include in their Advertisement or User account to be made available on the Site,

‘Vessel": means any nautical vehicle offered for rent on the Site (such as sailboats, motorboats, barges, catamarans, jet skis, etc.),

‘Lessee": means any natural or legal person who reserves a Vessel for Hire or for Conavigation,

‘Charter": means the rental of a Vessel to a Tenant by an Owner, on the quayside or at sea,

‘Additional Options": designates the options that the Tenant can subscribe to in addition to the Landlord's Price (bedding, cleaning, etc.),

‘Delivery": means the delivery of the Vessel or the arrival at the Vessel on the first day of the Charter and/or Conavigation,

The time for cleaning, refuelling and checking the incoming and outgoing Inventory is part of the rental period foreseen in the contract.

‘Entry Inventory Report": this is the document describing the condition of the vessel at the time of Delivery, to be drawn up between Renter and Owner (or his representative) at the time of Delivery of the vessel. It must be as complete as possible, with photographs and supporting comments, and signed by both parties prior to the departure of the Boat, on the contract provided by the Owner or via the LISTA SÉPTIMA Application.

‘Departure inventory": this is the document describing the condition of the boat at the end of the charter, and must be completed with a damage report in case of damage. It must be as accurate as possible.

‘Tenant's Price": means the price shown in the Advertisement without the Additional Options. The Charter Price does not include the berth of the Vessel in port or the amount of fuel, unless otherwise stated in the Advertisement.

‘Owner's Price": means the price freely chosen by the Owner at the time of publication of his Advertisement, to which the LISTA SEPTIMA fee will be added.

‘Owner": means any natural or legal person, professional or private, who can provide proof of full ownership of a Vessel if requested by LIST SEVENTH and/or a Lessee. By extension, it also designates the representative of an Owner, this representative having to justify the existence and possession of the power of attorney he has received,

‘Professional Owner": means any owner who uses the Service in a professional capacity and whose activity is declared in the commercial register in accordance with the regulations in force in the locality, region and country where the Professional Owner carries out his activity,

‘Private Owner": means any owner who does not use the Service in a professional capacity in accordance with the regulations in force in the locality, region and country where the Private Owner operates.

‘Service": means the whole of (i) the service that connects Owners and Lessees to facilitate the Conavigation or Chartering of Boats at the quayside or at sea and (ii) the tool for managing bookings and payments between Users,

‘Website": means the website www.listaseptima.com and the mobile application “Lista Séptima”,

‘User": means any user of the Website and the Service, whether an Owner or a Tenant.

« annulation pour cause de mauvais temps » : l'annulation d'une réservation d'un jour ou moins en raison de prévisions météorologiques particulières.

2. Acceptance of the UGCs

The use of the Service and the Website is subject to these TOU. The GTU constitute a contract governing the relationship between the User and LISTA SEPTIMA. They supersede and replace all previous provisions and constitute the entire rights and obligations of LISTA SEPTIMA and the User for their purpose. The Parties agree that in the event of any inconsistency between the information on the Website and the GTU, the latter shall prevail.

The User is deemed to have accepted these GTU in full and unreservedly from the moment he/she checks the box ‘I accept the general terms and conditions’ when creating his/her User account or subscribing to an offer.

If this box is not checked, the User acknowledges that the creation of the User account and the use of the Service is neither possible nor valid.

LISTA SEPTIMA reserves the right to make changes at any time, effective from the time of publication on the Website. By continuing to use the Website, Users tacitly accept the latest updated version of the GTU.

3. Purpose of the Service

The Service is a service that puts Owners and Lessees in contact with each other in order to facilitate the Conavigation or Chartering of Vessels as well as the management of payments between Users.

Each User understands and accepts that LISTA SEPTIMA is at all times a third party to the contract signed between an Owner and a Tenant. Thus, LISTA SEPTIMA shall not perform the obligations of a User in its stead nor shall it be liable for any breach of contractual obligations by a User.

En cas de contact entre les locataires et les propriétaires professionnels, le contrat de location du propriétaire professionnel prévaut sur le contrat de location mis à disposition par LISTA SEPTIMA.

Each user undertakes to abide by the terms and conditions set out in the contract issued by the Professional Owner.

4. Access to the Service

Users of the LISTA SEPTIMA platform undertake to provide accurate information. LISTA SEPTIMA is not responsible for confirming the identity and information provided by Users. In the interests of transparency and to prevent fraud, in accordance with applicable law, LISTA SEPTIMA may ask Users to provide an official identity document or other information, or to undergo other checks aimed at verifying the identity and background of Users, consult external databases or other sources of information.

4.1. Legal capacity

The Service is reserved to natural persons of legal age, emancipated minors, with full legal capacity and to legal persons who can comply without reservation with these GTU.

4.2. Access

In order to use your User account, you must have an email address and a mobile phone number valid for the entire period of use of the Service. In the case of Owners, they must also have a bank account number (IBAN) to which they can transfer the amount of each rental.

5. Use of the Service

5.1. Creating a User Account

In order to use the Service, the User must first create a User account by following the process on the Website and/or received by e-mail. In particular, the User will be asked to complete his or her nautical curriculum vitae.

The User is solely responsible for maintaining the confidentiality of their access codes to their inbox and User account, LISTA SEPTIMA shall not be liable in the event that the Service is used by someone other than the User or a person authorised by the User who has their user information and passwords.

In the event of forgetting your user information or inappropriate use by third parties, the User undertakes to inform LISTA SEPTIMA as soon as possible by e-mail to [email protected].

The User undertakes to update his/her contact details on the Website in the event of a change in his/her e-mail address and/or mobile telephone number.

5.2. Publication of an advertisement

Any Owner may publish free of charge one or more Advertisements to offer a Vessel for Co-sailing and/or Charter subject to the provisions of Article 6.1.1.

The Owners undertake to publish online advertisements with the quality of the services offered (in particular price, condition of the boat, etc.).

By ticking the ‘I accept the general terms and conditions’ box when creating a User account, or by posting an advertisement, the Owner declares that he/she understands and accepts that his/her Advertisement may also be published on the websites or mobile applications of one or more companies belonging to the LISTA SEPTIMA Group, as well as the different domains of these websites and applications.

Each owner is responsible for the content of the advertisements published on the site and for the accuracy and sincerity of the information given in his advertisement.

We remind Professional Owners that they must comply with consumer law and, in particular, refrain from all misleading commercial practices, punishable by a maximum penalty of 2 years imprisonment and a fine of 300,000 euros (article L132-2 of the Consumer Code).

It is a misleading commercial practice for a Professional Owner to present himself as a non-professional, or to report information in the Advertisement that does not correspond to reality.

It is recalled that the Service provided by LISTA SEPTIMA is limited to putting landlords and tenants in contact with each other. In these circumstances, LISTA SEPTIMA cannot be held responsible for the misleading or incorrect nature of an advertisement.

LISTA SEPTIMA is not responsible for any User, Vessel or Advertisement.

The Advertisement must include at least one photograph of the Vessel and indicate:

• the characteristics and location of the Vessel,
• whether the parking space at the home port is included in the charter and/or sailing. the nautical qualifications required for use in the event of a charter or whether the charter requires the presence of a professional navigator,
• the dates of availability of the Vessel
• the daily Owner's Price chosen according to the dates of availability,
• the amount due per hour or per day in case of delay in returning the Vessel,
• the amount of any security deposit required for the Charter of the Vessel,
• any possible additional costs (bed linen, cleaning),
• the conditions of cancellation of the Rental or the Convegation chosen by the Owner according to the options provided for in Article 7.3.

In the case of a Rental, the Owner's Price is freely chosen by the Owner, to which will be added the LISTA SEPTIMA Commission.

In the case of a Conavigation, the Owner undertakes that the Owner's Price shall be strictly limited to a share of the costs of owning, maintaining and using the Vessel. The Owner is prohibited from making any profit from the Vessel. The Owner acknowledges and accepts that the receipt of any amount exceeding the simple sharing of expenses could result in the reclassification of the Vessel as a transport activity, and LISTA SEPTIMA declines all liability that could result from this reclassification.

The Professional Owner undertakes to ensure that the Owner's Price is, at most, equivalent to the public price displayed on any other platform, publication or on its own website.

LISTA SEPTIMA will display in the Advertisement published on the Website the corresponding Renter's Price with the total price in Euros to be paid by Renter including (i) the Owner's Price, (ii) the additional costs expressly mentioned in the Advertisement if applicable and (iii) the Lista Séptima Commission.

Price including VAT and excluding fuel costs, unless otherwise stated in the advertisement.

Within the framework of the Rental, Users understand, acknowledge and accept that the Rental Agreement only applies to the Vessel, not including the parking space reserved by the Owner for the parking of the Vessel in the harbou

However, the Lessees benefit, free of charge, from the right to use this space for the duration of the Rental contract to park the Vessel if this possibility is explicitly provided for in the Notice.

5.3. Insurance

5.3.1 Owner

The Owner undertakes to offer only the booking of Boats covered by insurance for his Charter and/or Conavigation activities, irrespective of the nationality of the User, the intended sailing area and/or the usual home port of the Boat.

The Owner thus undertakes to inform his annual yacht insurer of his charter or Conavigation activity.

5.4. Lessee's reservation request

The Renter selects on the Website a Vessel, a Delivery date and a date for the end of the Charter or Conavigation, as well as, if applicable, one or more of the additional options proposed by the Owner in the chosen Advertisement. This selection constitutes a Reservation Request for the Vessel (the ‘Reservation Request’).

When making a Reservation Request, the Tenant enters his bank details and undertakes to (i) pay the amount of the Tenant Price in advance by credit card (see article 8), and (ii) authorises LISTA SEPTIMA to request a direct debit to his account for the amount of the security deposit in accordance with the conditions of article 5.7.

The Owner then has 1 to 72 hours to accept or reject this request. Once this period has expired, the Booking Request will expire and Renter will not be debited.

The Owner may accept or reject a Booking Request, at its sole discretion.

5.5. Vessel Reservation

The amount of the Renter's Price is kept in a blocked account until actual payment to Owner or reimbursement to Renter.

After the amount of the Renter's Price has been debited from the Renter's bank account and the Renter has authorised the debit of the security deposit, LISTA SEPTIMA informs each of the Users of the information and personal details of the other User. The Users undertake to use this information only within the framework of the Rental or Convegation and not to contact each other directly in the future to sign a Rental or Convegation contract.

On the day of the handover, the Owner and the Tenant undertake to carry out a contradictory entry check inventory and to sign a Rental or Convegation contract between them.

On the day of the end of the Rental or the Convegation, the Owner and the Tenant undertake to carry out a Contradictory Exit Review Inventory.

In the event that the Hirer does not show up at the scheduled time for the return of the Vessel, the Hirer shall pay the Owner the amount corresponding to the delay as stated in the Notice.

5.6. Security deposit

The Owner may require a security deposit to Charter the Vessel.

The amount of this security deposit is specified in the Notice.

The acceptance of a Rental Reservation Request including a security deposit automatically leads to the creation of a confidential unique identifier that allows the Tenant to be indirectly identified and associated with the Tenant's bank account to which the Tenant's Price and, if applicable, the security deposit will be debited.

This identifier constitutes a direct debit pre-authorisation.

The entity that manages the security deposit is specified in the contract: it may be managed by LISTA SEPTIMA, or by the Professional Landlord. LISTA SEPTIMA will not be able to manage the security deposit and the claim file for a Rental where the contract stipulates that the security deposit is managed by the Professional Owner or where the amount of the security deposit is not filled in and/or indicated as zero euros.

The Hirer undertakes to have sufficient funds in his bank account for the direct debit of the security deposit at the time of the reservation request, and to continue to have sufficient funds in this account until LISTA SEPTIMA closes the claim file.

LISTA SEPTIMA's security deposit management tool facilitates financial flows between Users. The Owner whose security deposit is managed by LISTA SEPTIMA undertakes not to demand a security deposit from the Tenant.

In the context of a rental agreement between a Professional Landlord and a Tenant, the Professional Landlord is entitled to demand a security deposit from the Tenant in the form of a cheque, imprint or credit card debit of the amount indicated in the Advertisement.

LISTA SEPTIMA shall not be liable in any case if there are insufficient funds in the Renter's bank account when the security deposit is debited to the Renter's account, nor in the event of disagreement between the Owner and the Renter regarding the enforceability of the security deposit.

Users understand and agree that LISTA SEPTIMA will not act as mediator or arbitrator in case of dispute between Users whatever it may be.

During the twenty-four (24) hours following the end of the Rental, the Owner may request LISTA SEPTIMA to open a claim file if he/she notices any damage to his/her Vessel that was not included in the Inventory of Assets document at the time of entry. This deadline may exceptionally be extended in the event of non-visible damage, on presentation of formal proof that the damage is attributable to the Hirer. This request must be made directly from the website and be accompanied by the Rental Agreement signed by each of the parties to the agreement, the signed Inventories of Inspection of the Vessel on entry and departure, and the photographs and videos (with date) of the damage or any other supporting documents.

If the inventory is not signed by the Tenant, LISTA SEPTIMA reserves the right, after examining the file, to open a complaint procedure and to collect the deposit.

The Owner undertakes to provide all documents requested by LISTA SEPTIMA in processing the file and to choose the most reasonable estimate for repairs. LISTA SEPTIMA may require the Owner to submit two contradictory estimates to ensure that the repair costs are correctly estimated.

LISTA SEPTIMA will only return the deposit amount to the Owner upon presentation of the final invoice or a pro-forma invoice, unless otherwise agreed by both parties.

Bank charges related to the collection and payment of all or part of the security deposit shall be borne by the Owner and deducted from the amount paid.

LISTA SEPTIMA undertakes to examine the file of the complaint submitted by the Owner within a reasonable time after receipt of the complaint e-mail.

Cualquier desacuerdo entre el Propietario y el Arrendatario, especialmente en cuanto a la existencia y/o a la imputabilidad de los daños y/o al importe de las reparaciones deberá presentarse ante los órganos jurisdiccionales competentes.

El arrendatario, bajo ciertas condiciones, puede suscribir la opción de devolución de la fianza que ofrece LISTA SEPTIMA. En este caso, se aplican las cláusulas y exclusiones de la opción.

5.7. Evaluación de los Usuarios

Cada usuario puede evaluar a otro Usuario con el que haya firmado un contrato de Alquiler o de Conavegación redactando un comentario y/o por un sistema de puntuación. Solo los Alquileres y/o las Conavegaciones llevadas a cabo realmente dan derecho a publicar una evaluación.

El comentario y la nota se publicarán en el perfil público del Usuario correspondiente.

Owner Postings will be ranked according to the quality of the comments and/or notes, the frequency of bookings and the speed of the Owner's response.

Users may not themselves delete a comment written by another User. They do, however, have the right to respond to the comments

Users may not themselves delete a comment written by another User. They do, however, have the right to respond to the comments

LISTA SEPTIMA reserves the right to delete any comments that violate the rules in force (racist, discriminatory, contrary to good conduct or public order...) at its sole discretion and to delete User accounts in case of repeated inappropriate comments.

6. Obligations of the parties

6.1. Obligaciones del Usuario

El Usuario se compromete a:

• use the Website and the Service in accordance with these TOU and the laws in force
• to provide truthful, lawful and objective information, in compliance with the laws in force (libel, hate speech, racism, etc.),
• act in good faith when using the Service and the Website,
• only have one User account and not open a User account for anyone other than himself/herself,
• only use your User account on a personal basis, as all actions carried out from your User account are deemed to have been carried out by you,
• update your information regularly by logging in to your User account,
• not to assign your User account to third parties or to another User,
• maintain the confidentiality of the access codes to your User account,
• be able to justify at any time the diplomas and/or qualifications mentioned in their aquatic CV,
• comply with the administrative and health formalities in force (especially when sailing outside France),
• draw up and sign on the day of handover a Rental or Convegation contract including a Contradictory Entry Inventory,
• sign a Contradictory Check-out Inventory of the Vessel on the date of the Hire or Conavigation, or on the date of the return of the Vessel in the event of delay. The Hirer may make any reservation of his choice in writing on the Rental or Conavigation Contract at the time of the review.

Each User shall be responsible for archiving on a memory medium external to the Site the information consultable on the Site that he/she needs for the purposes of keeping evidence, accounting, etc.

However, LISTA SEPTIMA will make the different versions of the GTU available to Users on the Website as soon as the User account is created.

6.1.1. Specific obligations of the Owner

The Owner undertakes to:

• be able to justify at all times that he is the Owner of the Vessel,
• have, if applicable, their Vessel legally declared and/or registered with the competent administrations, in full compliance with all sectorial or any other regulations applicable to the case.
• only offer for booking well-equipped and well-maintained vessels, with any technical checks up to date, with a safety system appropriate for their sailing category, up-to-date equipment and regular maintenance,
• if applicable, make the Special Verification Register available to the Lessee and to the authorities in case of control,
• haber suscrito y mantener con validez durante toda la duración de la publicación de su Anuncio, un seguro (de responsabilidad civil o a todo riesgo) de acuerdo con las condiciones del artículo 5.4 y poder presentar un certificado del seguro válido cuando lo solicite LISTA SEPTIMA y/o el Arrendatario,
• verify the identity of the tenant before signing the rental contract,
• verify that the bank card used for the payment of the Hire and/or the Convegation belongs to the Lessee at the time of Delivery of the vessel.
• verify that the Lessee is the holder of the titles and/or qualifications mentioned in his nautical curriculum and necessary to sail the Vessel,
• verify that the name appearing on the Rental or Convegation contract is the same as the name on the identity document presented by the Tenant and the name on the payment card used for payment of the Rental or Convegation and presented on the day of Delivery,
• inform the Tenant in the Advertisement and/or the Rental or Convegation Contract of any limitation of liability of his insurer.
• provide LISTA SEPTIMA with the rental contract signed by the two parties and any other document enabling LISTA SEPTIMA to respond to a cancellation procedure for cancellation of payment by the Tenant's bank. LISTA SEPTIMA may demand reimbursement of the rental amount from the Owner if the Owner is unable to provide such proof.

The owner accepts and undertakes to respect his social and fiscal obligations according to his status with the competent administrative authorities.

The Owner understands that LISTA SEPTIMA disclaims any obligation to provide advice and that LISTA SEPTIMA assumes no liability in this regard.

Owner is obliged to provide Renter, upon request, with an invoice with Owner's Price.

The Professional Owner also undertakes not to divert and/or contact Service Users and not to conclude Rental and/or Convegation contracts directly with them, without a reservation via the Website.

6.1.2. Specific obligations of the Lessee

The Lessee undertakes to:

• the amount of the security deposit, if applicable, will be credited to your bank account, starting from the booking request and up to 24 hours after the end of the rental period,
• be the owner of the bank card used to book the Vessel,
• verify the condition of the Vessel, the validity of possible technical controls, the presence on board of a safety system appropriate to the navigation category of the Vessel and of up-to-date equipment, before signing the charter contract,
• if appropriate, use the Special Verification Register,
• inform LISTA SEPTIMA, via their User account, less than 2 hours after the start of the Rental and/or the Booking, of any dispute/disagreement relating to the Advertisement and/or the Vessel, in order to block payment while the relevant Users decide whether to cancel the booking in accordance with the conditions of article 7 or to continue with it,
• pay for any offences committed during the duration of the rental period, as soon as requested by Owner,
• have the appropriate certificates, permits and/or qualifications for the vessel and the navigation plan,
• be present at the time scheduled at the time of booking to meet with the Owner or his representative,
• sign the contract and the Check-In and take over the boat
• hold the certificates and/or qualifications required for navigation with the Vess
• only allow the number of persons permitted by the ship's security system, including the skipper, to board.
• use the vessel in a responsible manner for pleasure navigation, within the framework of the maritime and customs legislation in force, excluding any trading, professional fishing, transport, towing or other operations,
• not be medically unfit to sail/manoeuvre the craft
• return the boat to the Owner with all its equipment in the same condition as at the beginning of the charter, in a proper state of cleanliness and on time.
• return the boat with the same fuel level as when you picked it up, unless otherwise stated during the Check-In with the Owner.
• return the vessel to its port of departure, unless otherwise agreed in writing by the shipowner

The Tenant accepts and undertakes to comply with its social and tax obligations in accordance with its status. To this end, LISTA SEPTIMA provides you with electronic links accessible from your User account that will direct you to the websites of the administrations that allow you to comply, where applicable, with these obligations.

The Lessee understands that LISTA SEPTIMA disclaims any obligation to provide advice and assumes no liability in this respect.

6.2. Obligations of LISTA SEPTIMA

LISTA SEPTIMA undertakes to make every effort to:

• ensure the operation of the Website in accordance with Article 9 below,
• respond to Users' requests concerning the Service as soon as possible,
• pay the amount due to Owner in accordance with the conditions of Article 8 by transfer to Owner's bank account,
• verser le montant du dépôt de garantie au propriétaire conformément aux conditions de l'article 5.7 par virement sur le compte bancaire du propriétaire,
• make a reimbursement, if applicable, to the Lessee, in accordance with the conditions of Article 7,
• allow Users to download from their User account, the invoices relating to the LIST SEVENTH Commissions as well as a document showing the gross amount received for transactions carried out through the Service and the Website during the previous year, corresponding to the Owner's Price after deduction of the LIST SEVENTH Commission and/or insurance subscription in accordance with the conditions of article 5.4.

7. Cancellation of the reservation

To make a cancellation, Users must first inform LISTA SEPTIMA in writing via the User account and the cancellation procedure described on the Website.

A cancellation only becomes effective after LISTA SEPTIMA sends an email notifying the cancellation.

7.1. Due to a case of Force Majeure

In the event of circumstances of force majeure within the meaning of Article 11, any User may request (i) to postpone the booking to a later date or (ii) to cancel the booking, after having justified such circumstances in writing to LISTA SEPTIMA within a maximum period of 12 hours after the Delivery date.

If the Rental or Convegation applies for a duration of more than one day, LISTA SEPTIMA will not reimburse the Tenant's Price, which the Tenant accepts.

LISTA SEPTIMA assumes no liability in this respect.

In the event of cancellation due to a special weather forecast that prevents going out to sea, and if the booking had a duration of one day or less, LISTA SEPTIMA will reimburse by bank transfer to the Hirer within fifteen (15) days the Hirer's Price after deduction of the LISTA SEPTIMA commission which will be reimbursed in the form of a voucher valid for one year.

The Owner will therefore not receive the new amount (Owner's price minus the SEVENTH COMMISSION).

In the context of a booking with a Professional Owner, the LISTA SEPTIMA weather cancellation conditions described above do not apply.

Therefore, the Professional Owner's terms of business prevail.

The Professional Landlord may offer the Tenant a reimbursement or a deferment depending on his commercial conditions.

In the event of reimbursement, the Professional Owner will reimburse the Tenant's Price after deduction of the LISTA SEPTIMA commission, which will be reimbursed by LISTA SEPTIMA in the form of a voucher valid for one year.

7.2. Due to the Owner

The Owner may not request the cancellation of the Rental and/or the Conavegation he has accepted, except in case of force majeure.

In the event that, for serious personal reasons accepted by LISTA SEPTIMA, the Owner cancels a booking, LISTA SEPTIMA will endeavour to offer the Hirer another equivalent Vessel in the corresponding period.

If no alternative solution is found, Articles 7.2.1 and 7.2.2 shall apply.

After two abusive or unjustified cancellations, LISTA SEPTIMA reserves the right to delete the Owner's User account in accordance with the conditions of article 13.

The corresponding financial penalties may be applied. The amount owed in this respect shall be automatically and fully debited by LISTA SEPTIMA on the next transaction made by the Owner via the Website and the Service.

However, if the cancellation of the booking by the Owner is due to the Renter's inability to justify his qualifications mentioned in his aquatic CV, this cancellation will be considered justified.

Under no circumstances may Renter demand reimbursement of the amount of the Renter's Price. The Owner shall receive the Owner's Price.

7.2.1. Due to the Private Owner

If no alternative solution is found or if Owner's request for cancellation of the booking is motivated by Renter's clearly insufficient level of navigation, ascertained under actual conditions by Owner on the day of the handover (except in case Renter is unable to justify his qualifications), this cancellation will also be considered justified.

The Lessee shall receive full reimbursement of the Lessee Price after deduction of the SEVENTH LIST Commission within fifteen (15) days by bank transfer.

The Private owner will therefore not receive the Owner's Price.

7.2.2. Due to the Professional Owner

If no alternative solution is found or if Owner's request for cancellation of the booking is motivated by Renter's clearly insufficient level of navigation, ascertained under actual conditions by Owner on the day of the handover (except in case Renter is unable to justify his qualifications), this cancellation will also be considered justified.

Renter understands and agrees that Renter may only request reimbursement of the Rental Price (after deduction of the LISTA SEPTIMA Commission) directly from the Professional Owner, without ever holding LISTA SEPTIMA liable in this respect. In this case, the Professional Owner undertakes to reimburse Renter the Renter's Price.

7.3. Due to the Lessee

Renter may cancel the booking under the conditions established by Owner and indicated in the Advertisement among the options available on this link: https://www.listaseptima.com/es/terminos-y-condiciones LISTA SEPTIMA undertakes to reimburse Renter the Renter's Price according to the applicable cancellation conditions, after deduction of the LISTA SEPTIMA Commission within a maximum period of fifteen (15) days.

In case of a charter with a Professional Owner, his cancellation conditions apply, which must be indicated in the Vessel Advertisement.

7.3.1. Si la Embarcación no corresponde con el Anuncio

In case of a charter with a Professional Owner, his cancellation conditions apply, which must be indicated in the Vessel Advertisement.

The Tenant must decide whether or not to cancel the Rent and/or the Convegation.

In the event that you decide to maintain the Rental and/or the Conavegation, you may in no case request a refund of the Tenant Price, for any reason whatsoever for this reservation.

In the event that it decides to cancel the Rental and/or the Conavegation, LISTA SEPTIMA agrees, on a commercial basis, and without allowing the User to engage the liability of LISTA SEPTIMA in any way, to reimburse the Tenant's Price in full to the Tenant, within fifteen (15) days of the cancellation by bank transfer.

In the event that the Advertisement has been published by a Professional Owner, Renter understands and agrees that Renter may only request reimbursement of the Renter's Price (after deduction of the LISTA SEPTIMA Commission) directly from the Professional Owner, without ever holding LISTA SEPTIMA liable in this respect.

7.3.2. en cas de panne pendant la location et/ou la convocation

In the event that the Charter and/or Conavigation contract has been concluded with a Private Owner and the Vessel suffers a serious failure (breakdown) during the Charter and/or Conavigation which prevents the Vessel from being used in accordance with its primary purpose. In the event that this failure prevents the boat from being used for more than 23 (twenty-three) hours, the lessee may terminate the contract. No other damages and interests will be taken into account. If there is a breakdown during the Charter and/or Conavigation and in case of a one-day charter, this period is fixed at 2 (two) hours.

The Tenant must decide whether or not to cancel the Rent and/or the Convegation.

In the event that you decide to maintain the Rental and/or the Conavegation, you may in no case request a refund of the Tenant Price, for any reason whatsoever for this reservation.

In the event that you decide to cancel the Rental and/or the Conavegation and this cancellation takes place:

- before payment of the Owner's Price (after deduction of the LISTA SEPTIMA Commission) to the latter, LISTA SEPTIMA agrees, on a commercial basis, and without this enabling the User to hold LISTA SEPTIMA liable in any way whatsoever, to reimburse the Renter's Price in full to the Renter by bank transfer, pro rata for the duration of the booking not made by the latter, within fifteen (15) days of the cancellation,

- after payment of the Owner's Price (after deduction of the SEVENTH COMMISSION) to the latter, the Owner undertakes to reimburse the Renter's Price to Renter by bank transfer within fifteen (15) days of cancellation.

In the event that the Advertisement has been published by a Professional Owner, Renter understands and agrees that Renter may only request reimbursement of the Renter's Price (after deduction of the LISTA SEPTIMA Commission) directly from the Professional Owner, without ever holding LISTA SEPTIMA liable in this respect.

7.4. Due to LISTA SEPTIMA

In certain cases, LISTA SEPTIMA may be obliged to cancel a reservation (cessation of collaboration with an Owner, non-compliance with User obligations, etc.).

LISTA SEPTIMA will then make every effort to offer an equivalent alternative to the Tenant. If this is not possible, the Lessee shall receive a full refund of the amounts without being able to hold LISTA SEPTIMA liable in this respect.

8. Terms of payment of Rent or Convegation

The payment of the Renter's Price by the Renter is made at each booking, in advance, by credit card on the Website through the payment solution ......................... when the Owner accepts the Booking Request.

As an exception, and subject to the express agreement of LISTA SEPTIMA, the User may pay by bank transfer.

The payment of the Tenant Price by the Tenant is made in one lump sum.

As an exception, the Lessee may make payment in two instalments if:

- the amount of the Rent and/or Conavegation is more than five hundred (500) euros (VAT included), and

- the Rental and/or Convegation starts more than forty-five (45) days after the booking.

In this case, the Tenant shall pay a deposit of an amount defined in accordance with the conditions of cancellation of the Advertisement, chosen by the Private Owner, and the remaining balance within thirty (30) days before the date of taking possession. If the Tenant fails to pay the full Tenant Price no later than twenty-five (25) days before the Takeover Date, LISTA SEPTIMA shall automatically and as of right cancel the Rental and/or the Convegation.

The Tenant will not be reimbursed for the amount of the down payment already made, regardless of the cancellation conditions provided by the private landlord in the advertisement.

LISTA SEPTIMA undertakes to transfer payment to the owner's account of the Owner's Price from which the LISTA SEPTIMA Commission is deducted, within 24 hours of delivery of the boat, except if LISTA SEPTIMA receives a claim before 2 p.m. on the day of Delivery. Any delay in the receipt of payment is subject to the bank and the geographical area.

In case of rental with a Professional Owner, LISTA SEPTIMA will apply the payment conditions set by the Professional Owner.

In the event that the Advertisement has been published by a Professional Owner, the Tenant may pay the Tenant Price in two instalments, depending on the payment terms set by the Professional Owner.

If the Lessee fails to make full payment of the Lessee Price no later than twenty-five (25) days before the Delivery Date, LISTA SEPTIMA shall automatically and automatically cancel the Rental and/or the Convegation.

The Tenant will not receive a refund of the amount of the down payment already made regardless of the cancellation conditions provided by the Professional Owner in the Advertisement.

LISTA SEPTIMA will pay, upon receipt of the Tenant's payment, the Landlord's Price to the Professional Landlord, after deduction, from the first payment, of the LISTA SEPTIMA Commission.

The Hirer therefore accepts that in the event of a booking with a Professional Owner, he/she must contact the Professional Owner directly in the event of a request for reimbursement for any reason whatsoever.

LISTA SEPTIMA will issue an invoice to the Owner for the amount of the LISTA SEPTIMA Commission, which can be downloaded directly from the User's account.

In case of a rental with a Professional Landlord, the Tenant may request an invoice directly from the Professional Landlord.

9. Availability of the Service and the Website

LISTA SEPTIMA undertakes to make every effort to ensure that the Service and the Website are available 24 hours a day, 7 days a week without interruption, except in the event that changes or updates are required.

The user must bear in mind that the Website and the Service are, like any computer application, subject to failures, irregularities, errors or interruptions which may be due to connection problems in particular.

Therefore, LISTA SEPTIMA does not guarantee to the User that the Website and the Service will be permanently available.

The User may not under any circumstances hold LISTA SEPTIMA liable for these failures, irregularities, errors or interruptions, even if they have caused any damage.

10. Responsibility

10.1. Limitation of liability

LISTA SEPTIMA recalls that it does not form part of the Rental or Conavegation contracts concluded between Users.

In the event of a claim, the User may not hold LISTA SEPTIMA liable under any circumstances.

LISTA SEPTIMA is not responsible for the management of delays or the possible management of disputes between Users.

LISTA SEPTIMA is also not responsible for any insufficient funds in Renter's bank account or for any disagreement between Owner and Renter regarding the payment of the security deposit to Owner.

Subject to the exclusions of liability provided for in these TOU, it is agreed that in any event and regardless of the basis, the liability that LISTA SEPTIMA may incur in any capacity whatsoever in connection with the Website or the Service may not, except in case of gross negligence or gross negligence, exceed the total amount invoiced by LISTA SEPTIMA to the User for the Rental or the Convegation from which the event giving rise to the liability of LISTA SEPTIMA results.

In no event shall LISTA SEPTIMA be liable for the repair of damage of an indirect nature, even if LISTA SEPTIMA has been informed of such possible damage.

The User acknowledges that the Service's tariff conditions are based on these limitations and exclusions, without which LISTA SEPTIMA would not have entered into any contract.

10.2. Exclusions of liability

In addition to the cases provided for in these GTU and in particular in articles 5.1 and 9, LISTA SEPTIMA cannot be held liable in the following cases:

• improper or unlawful use of the Website and/or the Service by the User,
• unavailability of the Website and/or the Service in accordance with Article 9 above,
• fraudulent intrusion by a third party into the Site and/or the Service,
• non-conformity of the condition of the Vessel with the Notice,
• non-compliance with administrative and health formalities by the User (particularly in the case of navigation outside France).

Furthermore, LISTA SEPTIMA is not responsible for ensuring that Users comply with their social and fiscal obligations in accordance with their status, nor for giving advice to Users in this respect.

10.3. Hypertext links

The Website may include links to other websites or other internet sources. LISTA SEPTIMA has no control over these external websites and sources. Therefore, LISTA SEPTIMA is not responsible for the availability of these external websites and sources and declines all responsibility for the Content, advertising, products, Services and any other element available on the latter. Furthermore, LISTA SEPTIMA cannot be held liable for any proven or alleged damage or loss resulting from or in connection with accessing, using or relying on the Content, goods or Services available on these Websites or external sources. LISTA SEPTIMA is only responsible for the hypertext links it creates. Any difficulty linked to a link that it has not created must be brought to the attention of the administrator or webmaster of the relevant Website.

11. Force majeure

The parties agree that these are cases of force majeure:

• special weather forecasts that prevent sea trips,
• legislative and regulatory changes,
• natural disasters, fires, storms, floods, wars and terrorist attacks, strikes within the company, illness, power surges and electrical shocks, breakdowns in refrigeration systems and computer equipment, blockages and slowdowns in electronic communication networks and, more generally, any unforeseeable event beyond the control of LISTA SEPTIMA and Users.

12. Confidentiality

LISTA SEPTIMA undertakes to keep confidential all the information collected when creating the User account.

LISTA SEPTIMA undertakes not to use any data obtained from the User for purposes other than those of the Service, and especially not to resell this data to third parties for commercial purposes, except if required by law or by any administrative or judicial authority.

13. Suspension / Termination

The User acknowledges that LISTA SEPTIMA has the right to suspend access to the Service or to terminate its contractual relations with the User, or to delete any User account, as of right, with a simple notification by e-mail and without further formalities for any reason whatsoever, and in particular:

• in case of improper or unlawful use of the Service, in particular in case of payment problems (including suspicions of money laundering),
• in case of non-compliance with the TOU,
• in case of cancellation of more than two bookings, except in case of force majeure, in accordance with the conditions of Article 7,
• in case of particularly negative evaluations by other Users or non-conformity between the Vessel and the Advertisement,
• in the event of termination of the operation of the Website and/or the Service by LISTA SEPTIMA.

The User therefore undertakes not to create a new User account.

The User may terminate his or her User account at any time by simply notifying [email protected] by e-mail.

However, it undertakes to maintain and guarantee the management of ongoing or accepted reservations.

14. Personal data

As set out in article 5.2, LISTA SEPTIMA may transmit certain personal data to one of its affiliates for the following purposes: to provide a recommendation service, to manage payments between Users, to detect or investigate fraudulent or illegal activities, to ensure compliance with applicable legislation, which the Owner accepts.

Lista Séptima is responsible for data processing.

In accordance with the General Data Protection Regulation (GDPR), the User has the right to access, modify, rectify and delete personal data concerning him/her, which can be exercised by contacting [email protected].

Depending on the choices made when creating the User's account, the User may receive commercial offers from LISTA SEPTIMA. If the User no longer wishes to do so, he/she may object at any time by sending an e-mail to [email protected].

LISTA SEPTIMA collects some of your personal data in accordance with the law in force and with the information stipulated in its Privacy Policy. The User accepts and acknowledges the processing of personal data when using the Website or the application and after registering as a member.

15. Intellectual property and copyright

15.1 Intellectual property and copyright of LISTA SEPTIMA

‘LISTA SEPTIMA’ and the logo appearing on the Website are registered trademarks owned in their entirety by LISTA SEPTIMA. No licence is granted to the User.

LISTA SEPTIMA is the owner of the intellectual property rights associated with the Service and the Website, and in particular relating to the software elements, ergonomics, layout, graphic elements, logo and design of the Website.

It is forbidden for the User to infringe in any way the intellectual property rights of LISTA SEPTIMA.

Users are solely responsible for the Contents and release LISTA SEPTIMA from all liability in the event of claims relating to the Contents for violation of the rights of third parties and of the legislation in force and undertake to indemnify LISTA SEPTIMA for any damage that may be caused and to reimburse it for any damages and interest, costs, especially consultancy costs, that may arise in this respect.

Each user grants free of charge a non-exclusive right to reproduce, represent, modify, translate, adapt and sub-license the Content for the duration of the copyright and throughout the world, on any other digital, analogue or paper medium, for commercial or non-commercial purposes.

15.2 Intellectual property and copyrights of users and third parties

LISTA SEPTIMA respects intellectual property rights, and asks its Users to assume the same commitments.

The User undertakes to respect the copyrights of other Users, as well as those of third parties, as defined in the Intellectual Property Code.

LISTA SEPTIMA reserves the right to disable or terminate the account or access of Users who violate, or are repeatedly accused of violating, the copyrights or other intellectual property rights of third parties. LISTA SEPTIMA will address claims of copyright infringement committed by a User upon complaint by the User, who must send a notice of alleged copyright infringement in due form to [email protected]

16. Autonomie des clauses et divisibilité

If one or more provisions of the TOU are declared null and void by application of a law, regulation or following a final decision of a competent jurisdiction, the remaining provisions shall remain in full force and effect, to the extent permitted by such decision. Furthermore, the fact that one of the parties does not invoke a breach by the other party of any of the provisions of the TOU shall not be construed as a waiver by that party to invoke such a breach in the future.

17. Cookies

When accessing the Site, a cookie may be automatically installed and temporarily stored in the memory or on the User's hard drive to facilitate navigation on the Site. Cookies are used to store information related to the use of the Website (such as the pages consulted, the date and time of access, etc.). Users have the right to refuse the use of cookies by configuring their browser. This operation will however entail the deletion of all cookies used by the browser, including those used by other websites, which may result in the alteration or loss of some settings or information. The deletion of cookies may modify or hinder the User's browsing of the Website.

18. Publication - web hosting

Name of the director of publication: Alberto Alonso

Name of the web host: Listaséptima.com

19. Applicable law

These TOU are governed exclusively by Spanish law.

LISTA SEPTIMA cannot take into account any claim if there is no contract signed by the Tenant and the Owner.

Complaints must be sent to LISTA SEPTIMA within 24 hours of taking possession of the Vessel at [email protected].

LISTA SEPTIMA does not form part of the contract binding the Tenant to the Owner, its role is limited to assisting both parties to reach an amicable agreement.