Terms & Conditions

1. Introduction

Welcome to KindWaterfall ("we," "us," or "our company"). These Terms & Conditions ("Terms") apply to your engagement with our yacht charter service and your use of our online platform found at kindwaterfall.sbs (hereinafter referred to as the "Service") offered by KindWaterfall.

By booking a charter or utilizing our Service, you consent to abide by these Terms. Should you not agree with any section of these terms, you are prohibited from using the Service.

2. Overview of the Service

KindWaterfall offers an array of high-end yacht charter services, which include but are not limited to:

• Chartering yachts by the day
• Evening pleasure cruises
• Corporate getaways
• Exclusive gatherings
• Extended sailing excursions

All services are offered based on availability and reliant on favorable weather. We retain the authority to alter or cease services without prior notice.

3. Reservation and Booking Details

3.1 Procedure for Booking

For securing a charter, you are required to:

• Be no less than 18 years old
• Submit accurate and comprehensive details
• Make a payment for the deposit as outlined in the booking confirmation
• Accept these Terms & Conditions

3.2 Booking Confirmation

Confirmation of your booking is established upon the receipt of your payment and our issuance of a confirmation in writing. We possess the right to decline service to anyone according to our judgment.

3.3 Charter Availability

The accessibility of our charters is dependent on the availability of vessels and favorable weather conditions. We commit to reasonable efforts to meet your requested dates and times.

4. Financial Terms

4.1 Cost

All listed rates are in € and cover applicable taxes unless stated otherwise. Rates may be subject to alterations without prior notification.

4.2 Payment Timeline

• Deposit: A payment of 50% of the entire charter fee is required at the time of booking
• Remaining Amount: Payable 48 hours prior to the commencement of the charter
• Extra fees (if applicable): To be paid at the end of the charter service

4.3 Payment Options

We accept major credit cards, direct bank payments, and certified cheques. Our payment procedures are carried out using secure, encrypted channels.

5. Policies Regarding Cancellation and Reimbursement

5.1 Cancellations by the Customer

• More than 72 hours before departure: Full repayment less any transaction charges
• Between 24 to 72 hours prior to departure: A refund of 50%
• Within 24 hours of departure: No repayment

5.2 Cancellations Due to Weather

If the captain deems weather conditions to be hazardous, we will propose to:

• Reschedule your charter to another suitable date at no additional expense
• Issue a complete reimbursement if rescheduling proves unfeasible

5.3 Mechanical Failures

In case of mechanical issues with the designated vessel, we will endeavour to provide an adequate replacement. In the absence of a suitable alternative, a full refund shall be extended.

6. Conduct and Safety

6.1 Safety Guidelines

Passengers are expected to:

• Comply with all instructions given by the crew
• Use the safety gear as required
• Declare any health conditions that might affect their safety
• Stay within designated areas on the boat

6.2 Restricted Items

Certain items are prohibited on board, these include:

• Glass containers
• Illegal substances
• Weapons or firearms
• Excess beverages (beyond a moderate quantity for personal enjoyment)
• Animals (except with prior approval)

6.3 Behavior Norms

Guests should act in a courteous and respectful manner. We reserve the right to end the charter ahead of time, without issuing a refund, if guest conduct is deemed a safety threat or if it interrupts the pleasure of other clientele.

7. Responsibility and Insurance

7.1 Our Responsibility

Our accountability is limited to the payment you made for your charter. We are not liable for:

• Injuries to oneself due to personal recklessness
• Loss or damage of personal belongings
• Indirect, consequential, or exemplary damages
• Delays triggered by weather or events out of our control

7.2 Insurance

We possess extensive marine insurance coverage for our vessels and operational activities. Passengers are encouraged to maintain their own travel and personal effects insurance.

7.3 Acceptance of Risk

By partaking in our charter services, you acknowledge the inherent dangers of nautical pursuits and you agree to take personal responsibility for your safety and security.

8. Itinerary and Modifications

We maintain the right to alter itineraries, routes, or timetables subject to changes in weather, safety parameters, or operational necessities. We will attempt to offer alternative options of a comparable nature.

9. Events Beyond Our Control

We are not accountable for delays, terminations, or changes caused by circumstances outside our control, these may include but are not restricted to:

• Severe meteorological conditions
• Natural calamities
• Regulatory enactments
• Closures of harbors
• Technical malfunctions

10. Privacy & Data Utilization

Your private data is managed as per our Privacy Policy. In using our services, you consent to the collection and application of your information in the manner delineated in our Privacy Policy.

11. Proprietary Rights

Content on our website, including but not limited to textual content, imagery, logos, and other graphics, is protected under copyright and trademark legislations. Unauthorized reproduction, dissemination, or creation of derivative works is prohibited without our explicit consent.

12. Jurisdiction and Applicable Law

These Terms are influenced by the laws in place in Spain. Any disagreements shall be presided over by the judicial courts of Barcelona, Spain.

13. Revisions to These Terms

We reserve the exclusive right to amend these Terms at our discretion. Revised versions and the dates of revisions will be displayed on our platform. Continuous use of our services signifies your approval of the adjusted terms.

14. Contact Info

If you have queries regarding these Terms & Conditions, please reach out to us at: