Terms of Service

Legal Information of Ola Menorca

In accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce (“LSSI”), the identification details of the website owner are provided below:

  • Titleholder: Gabriel Aznar Gomila
  • Address: Carrer de l’Amazònia nº2, 07703 Mahón, Spain
  • DNI: 41499765-Z
  • Phone: (+34) 616 308 481
  • E-mail: info@olamenorca.com

(hereinafter “Ola Menorca”).

Please read these terms and conditions of use and service (the “Terms”) carefully. They contain important information about the rights and obligations of Users, as well as restrictions and exclusions. These Terms constitute the entire agreement of the Parties with respect to the Services at the time the User accesses and uses them, unless otherwise stated in another agreement signed with Ola Menorca. These Terms supersede and replace all prior versions.

These Terms constitute a legally binding agreement (“Agreement”) between you and Ola Menorca that governs your access to and use of the Ola Menorca website (“Website”) and all associated services (collectively, “Services”). The Website and the Services shall hereinafter be collectively referred to as the “Platform”. Users acknowledge that they have received, prior to accessing and using the Services, all the information and technical characteristics necessary for them.

The User is deemed to have given their full and complete acceptance, without reservation, of these Terms from the moment they check the box “I accept the General Conditions and the Privacy Policy” when creating their User account or subscribing to a reservation. If this box is not checked, the User acknowledges that the creation of the User account and the use of the Service is not possible or valid.

Ola Menorca offers a platform for establishing a network of contacts for commercial purposes. Thus, it connects Users who are looking for a Boat to rent with Users who want to rent out their Boat. Ola Menorca is an intermediary and is in no way part of the rental transaction entered into between the Owners and the Renters. The Owners are the actual providers of recreational boat rental services and additional extras. Ola Menorca is limited to displaying the Owners’ fleet on the Website, assisting the Renter in the booking process in exchange for a management fee, collecting the booking price from the Renter on behalf of the Owner, and paying the Owner this agreed amount less its commission for intermediation services. Ola Menorca does not rent Boats through the Website, the Services, or any other means, and has no activity beyond connecting Users with each other for Boat rentals.

Ola Menorca provides its Users with tools that generate contacts for commercial purposes. These tools allow members to upload content, communicate with other Users, and make informed decisions regarding renting out their Boats or renting another User’s Boat. The collection and use of personal information by Ola Menorca in connection with the access and use of the Platform are described in our Privacy Policy.

Definitions

  • “Rental” refers to the rental of a Vessel made through the Platform;
  • “Advertisement” “To Announce” refers to the announcement published by Owners on Ola Menorca containing images of their Boat(s) and relevant information about the Rental through the Website;
  • “Lessee”  means a natural or legal person who wishes to rent a Vessel for a period of time and who, unless otherwise indicated in the Rental Agreement to be signed with the Owner, will be the main captain on board the Vessel, that is, the person authorized to use the rented Vessel and to board the Vessel any person under his responsibility;
  • “Lease Agreement”  refers to a contract for valuable consideration under which an Owner makes his or her vessel available for a specified period and price. It sets forth the terms of the lease agreed upon by the parties;
  • “Account”  refers to the “My Account” area on the Website, where all Users must provide certain personal information to access and use the Platform’s features, such as listing or renting a Boat. This is the private area on the Website reserved for each User when they accept the Terms;
  • “Ola Menorca” , “we”, “us” or “our” refers to Gabriel Aznar Gomila, with registered office at Carrer de l’Amazònia nº2, 07703 Mahón, Spain, and ID number 41499765-Z;
  • “Platform”  refers collectively to the Website and the Services;
  • “Payment to Owner”  means the Rental amount paid to the Owner and includes the amount paid by the Renter to the Vessel Owner from which the Service Fee or Vessel Owner retainer is deducted. 
  • “Service Fee”  refers to the service fee paid by the Renter to Ola Menorca for each Rental. Renters can obtain the exact amount of the Service Fee by clicking on the information box next to the Rental Price before booking the Rental in question. 
  • “Service Fee”  refers to the service fee paid by the Owner to Ola Menorca for each rental. The Owner Service Fee is indicated in the “Price” section of the relevant boat’s page in the Owner’s account.
  • “Owner”  refers to a natural or legal person who wishes to rent a Vessel to a Renter through the Website. Owners are those whose occasional boat rental activity is carried out privately, or those whose boat rental activity is carried out professionally and constitutes a primary source of income;
  • “Reservation”  refers to a request to reserve a Vessel through the Website by a Renter. This request is made subject to the Owner’s consent;
  • “Services”  refers to all the services that Ola Menorca makes available to Users when they correctly use the Website;
  • “Website”  means the website that provides access to the Services, namely www.olamenorca.com;
  • “User”  means a natural or legal person, whether an Owner or a Tenant, who has accepted the Terms and is registered on the Website, in order to benefit from the Services;
  • “Vessel”  means a recreational vessel registered and rented through the Platform;

Unless the context requires otherwise, words implying any gender shall be understood to apply to all genders.

USER ACCESS AND ELIGIBILITY

Account Access and Creation

To access and use the Platform or create an Account, the User must be an individual or a duly organized company, organization, or other legal entity, validly existing and in compliance with the laws of the country where it is registered, and capable of entering into legally binding contracts.

By registering on the Website, Users create a profile with their first and last name, choose a username (corresponding to their email address) and a password associated with it (collectively, hereinafter, the “Access Identifiers”).

Access IDs are personal, confidential, and non-transferable. If the User has lost or disclosed their Access IDs, they must immediately inform Ola Menorca, who will immediately cancel and/or update them.

Until Ola Menorca has been notified of the loss or disclosure of Access Identifiers, or of a third party accessing the account, the User will be fully responsible for any use of the account. This is the case unless a security breach is attributable to Ola Menorca, or in the event of force majeure.

If a User shares their login with a third party, Ola Menorca will have the right to exclude the User from the Platform and take all necessary legal action against said User.

Users undertake to provide accurate and truthful information during registration or participation in the Website services. They undertake to regularly update the information they provide.

Each User shall be solely responsible for the information provided. Since Ola Menorca is not responsible for monitoring the authenticity of information provided or published by Website Users, Users waive any right to hold Ola Menorca liable for any information that is erroneous or falsified by other Users.

Unless previously authorized in writing by Ola Menorca, the User risks suspension or deletion of their account and access to all associated Services if they create or use multiple accounts, whether under their own identity or that of a third party.

Ola Menorca is not a guarantor of any User or Vessel. Users remain responsible for providing accurate information, and Ola Menorca provides no representation, confirmation, or endorsement regarding Users, their identity, or their background.

Eligibility conditions applicable to Users

The Service is only accessible to registered Users and may only be used by them on the Website, provided that such Users comply with the following conditions. Both the Owner and the Renter must have accepted these Terms.

  • Owners
    • Must be at least 18 years old;
    • They must be registered on the Website with their real identity and provide their real home address;
    • They must provide a telephone number where they can be contacted;
    • If the Owner is registered on the Platform as an individual (“Individual Owner”), he/she may not use the Service for professional or commercial purposes;
    • If the Owner is registered on the Platform as a professional (because he is registered in a Commercial Register as a boat rental company, hereinafter “Professional Owner”), he must complete all information related to his business on the Website (company name, national/organization number, address, telephone, etc.);
    • You cannot create multiple Ola Menorca profiles but you can create more than one Advertisement for the same Boat on the Website as long as they correspond to different locations; 
    • You may only offer Boats that are your property and that you will continue to own for the entire Rental period, unless you have written authorization from the Boat Owner. Owners renting a Boat that they have through a lease agreement must ensure that their leasing company authorizes them to rent the Boat, and Ola Menorca will consider them to be the owner of said Boat;
    • Only vessels that comply with laws and regulations may be rented. Vessels must be maintained and inspected regularly according to the manufacturer’s recommendations and must have all the safety equipment required in the country of registration. All vessel equipment must, to the best of the Owner’s knowledge and belief, be in good working order.
    • You may only rent boats that are up to date with their technical inspection. If a boat is awaiting a technical inspection, the Ola Menorca Service will consider it to be out of date with its technical inspection, and it cannot be rented through Ola Menorca.
    • You may only rent Boats that do not have a malfunction that could affect the expected and/or normal use when rented;
    • You may only rent Boats that have the mandatory annual insurance coverage for the rental activity in the country where the Boat is rented;
    • You may only rent Vessels for which the Owner has at least two sets of door and ignition keys.
    • You must provide true, accurate, complete and current information in your Advertisement;
    • Be polite and respectful to Ola Menorca and other Users; and,
    • You must provide all supporting documents required by Ola Menorca upon request, and you must regularly update your information and the information of the Vessel.
  • Tenants
    • They must be registered on the Website with their real identity and provide their real home address;
    • You must provide a telephone number where you can be reached;
    • You may not create multiple Account profiles on the Website;
    • If the Lessee registers on the Platform on behalf of his company, he must provide all required information relating to his company (including, in particular, the company name, national/organization number, address and telephone number);
    • In all countries the Renter must meet the minimum age requirements to be able to rent a Boat on the Platform;
    • You must have a valid navigation permit in the country where the Vessel is rented (unless a third party is designated as the Chief on board in the Rental Agreement to be signed with the Owner, in which case, the Owner will be responsible for having a valid navigation permit);
    • You must have a valid means of payment at the time of booking the Boat;
    • You must not have breached your obligations, or refused payment, under the Terms applicable to a previous Rental;
    • Must not be medically unfit to sail;
    • Must be the main navigator (chief of staff) of the Vessel throughout the Rental, unless otherwise indicated in the Rental Agreement to be signed between the Lessee and the Owner; and,
    • Be polite and respectful to Ola Menorca and other Users.

BOAT ANNOUNCEMENTS

  • Eligibility conditions applicable to Vessels: To appear on the Website, Vessels must meet all of the following conditions:
    • be registered in the country where they are rented;
    • have a final/permanent registration certificate (a provisional registration certificate does not allow the Vessel to be rented on the Platform); and,
    • be insured.

Ola Menorca reserves the right to accept or reject a boat for technical reasons (age of the boat, nautical miles, value or obvious decrepit condition).

  • Classification of Ads

Listings are ranked using an automated algorithm to help Renters find the Boat that best suits their needs. Each ranking will be different for each search performed, taking into account several criteria, such as, but not limited to: the attractiveness of the Listing (estimated by the number of Rentals made for the Boat and the number of times the Listing has appeared in the Renter’s searches), the proximity of the location, the type of Boat, the authenticity of the Listing, the length of the Rental selected by the Renter, the consistency of the Rental price of the Boat with the Rental prices of other Boats in the same area, the Owner’s acceptance and cancellation rate, and the responsiveness in accepting Rentals. 

This rating system is independent of any contractual relationship between Ola Menorca and the Owners. 

  • Vessel Verification and Ad Update

The Owner must update the description of the Vessel in the Listing if the condition of the Vessel changes, i.e. after new damage or repairs.

  • RENTAL PROCESS
    • Advertisement: Tenants can view Listings published by Owners directly on the Website using the access and search tools provided.
    • If the Vessel is not advertised as available for Immediate Reservation

Once the Renter has found a suitable vessel, they send a reservation request to the Owner. After the request is submitted, the Owner is notified of the reservation request by email or a notification on the Website, and has the option to decide whether or not to accept the rental:

  • If the Owner accepts the Rental request, the Renter will be notified by email and must return to the Website within 72 hours to pay the Rental price. Any offer to pay outside of the Website will be considered a violation of these Terms and may result in the suspension or deletion of the User’s account. 
  • If the Owner rejects the Rental Request or does not accept it within 72 hours, the Renter will be notified by email. The Renter can also view the status of their request through their account on the Website.

The Renter may only contact the Owner after the Reservation request has been submitted.

  •  If the Announcement proposes the Immediate Reservation of the Vessel

The Reservation request and future Rental will be automatically confirmed to the Renter on behalf of and for the benefit of the Owner. It is important to note that for an immediate Reservation, the Renter cannot contact the Owner until the Boat Reservation has been completed.

  • Payment of Rent and confirmation of rental

The Renter must pay the rental price by credit card. Once the Rental Price has been paid, the Reservation will be confirmed. The Renter must pay the total amount of the Reservation on the Website, including the Renter Service Fee. 

Ola Menorca will transfer the payment to the Owner’s bank account within 48 hours of the first day of the rental. Ola Menorca may suspend payment to the Owner if further verification is required.

To this end, the Lessee and the Owner will receive an email informing them that the rental has been confirmed. The Owner and the Lessee will be notified of practical information regarding the rental: the location, price, rental dates, and a proposed Rental Agreement template.

  • Before the start of the Rental

Ola Menorca will provide Users with a pre-established Boat Rental Contract template. Users are free to use this template, modify it, adapt it, or use any other contractual document of their choice.

In this regard, in the event that Users use any other contractual document, the Owner will undertake in that Rental Agreement to:

  • present and describe the rented vessel;
  • present the characteristics and equipment listed in the Announcement;
  • establish and formalize a specific Price;
  • establish a specific and unambiguous rental duration, including the start and end times of the rental;
  • mention the fuel level of the chartered vessel; and,
  • present a joint inventory of the Vessel.

Users must respect the contractually agreed commitments. Furthermore, Users may not enter into a Contract that could bind a third party who is not a signatory. Under this Rental Contract, they will assume sole responsibility and may not generate any enforceable obligations toward Ola Menorca, which will retain the status of third party in the Rental Contract signed by the Users.

Therefore, the terms and conditions of the contractual relationship will be freely defined between the Owner and the Tenant. The Owner and the Tenant will therefore be free to propose, accept, or reject a Rental, without Ola Menorca being able to intervene in any way in their choice, and without Ola Menorca being held liable for the formalization of the contractual relationship between the Users.

Rental Agreements must be completed by both the Owner and the Renter. Once both Users have completed all the required information in the Rental Agreement, it is signed, thereby binding the Users to the Rental Agreement and these Terms relating to it.

It is the Users’ responsibility to carry out the required checks at the agreed start time of the Contract, on the day the Rental begins:

  • Verification by the Owner:

The Owner will verify the identity of the Renter (checking that the Renter matches the image on his or her ID or boating permit) and the validity of the boating permit (the boating permit number must match the one indicated in the Rental Agreement). 

The Owner may not, under any circumstances, release his or her vessel to the Renter if the Renter fails any of these checks. The Owner must refuse to rent if:

  • The person who takes possession of the Vessel is not the Lessee;
  • The Lessee provides a payment card that does not belong to him/her; and;
  • The Lessee provides a navigation permit that does not authorize him or her to navigate in the country where the Vessel is registered. It is the Owner’s responsibility to check with the relevant authorities for any special provisions regarding the rights of foreigners to navigate in that country. 

The Owner agrees to immediately inform Ola Menorca if they have information indicating that a potential Renter does not comply with these conditions, in which case they should not proceed with the Rental. If the Owners fail to inform Ola Menorca, they will be responsible for the consequences of failing to verify the items listed in this article.

1. Verification by the Lessee: The Lessee must verify the identity of the Owner, the registration of the Vessel and its license plates, and the condition of the Vessel.

The Renter agrees to immediately inform Ola Menorca if they have information indicating that a potential Owner does not comply with these conditions, in which case they should not proceed with the Rental. If Renters fail to inform Ola Menorca, they will be responsible for the consequences of failing to verify the items listed in this article.

Users accept that Ola Menorca does not perform any of the aforementioned checks and verifications. Each User is solely and exclusively responsible for these checks and verifications.

The Tenant and Owner will complete, verify, and sign the Rental Agreement together.

Once the Rental Agreement has been signed and the Rental has begun, the Lessee will be deemed to have accepted the condition of the Vessel as is, with no possibility of disputing that condition at a later date.

  • At the end of the Rental

The rental period ends when the boat is returned, the keys are handed over, and the boat’s condition is inspected jointly. This must be recorded in the end-of-rental declaration of the Rental Agreement signed by both parties, of which each party must retain a copy. This declaration must indicate the fuel tank level and any damage caused to the boat during the rental.

The boat must be returned at the time and place agreed upon by the Renter. Any extension of the rental period must have been authorized by the Owner. 

  • After Rental

Once the Boat has been returned to the Owner by the Renter, Users will have the opportunity to rate each other on the Website in order to provide feedback on their experience. Users may post their comments from the moment the Rental ends. This option is not time-limited, allowing comments to be submitted at any time after the Rental ends. 

Users authorize Ola Menorca to publish reviews posted by other Users on their Website profile under the “Review” category. In any case, the User who has posted a review is prohibited from publishing information or elements that could harm the honor or reputation of the User being reviewed.

The Website Service cannot include monitoring the content of reviews. However, the Website invites Users to report any content or review that may violate public order, the law, morality, good customs, and/or threaten the honor or reputation of any person or entity.

Notwithstanding the foregoing, Ola Menorca reserves the right to delete, in whole or in part, any comment that contains false or misleading information.

In the event of any type of claim between the parties after the Rental, these must be settled between the Owner and the Tenant independently, with Ola Menorca being unrelated to them. 

  • MESSAGES EXCHANGED WHEN USING THE SERVICE

Users are likely to exchange messages with each other or with Ola Menorca.

These messages must be polite and respectful. Insults or degrading messages are prohibited. In particular, threatening, aggressive, racist, xenophobic, revisionist comments, those inciting racial hatred, calls to violence, and obscene messages are not permitted.

The Owner should only send messages that are strictly necessary for the completion of the Rental and should not send messages for commercial purposes or to explain the rules established in these Terms in whole or in part. Ola Menorca is responsible for explaining the rules it defines for its Services.

  • MODIFICATION AND CANCELLATION OF A RENTAL
    • Requirements for modifications to the terms of a Lease 

Any modification to a Reservation requested by a Renter after payment is due will be subject to the Owner’s authorization, but also to Ola Menorca’s authorization if it involves a change in the Service Fee. Ola Menorca must be promptly informed of any substantial modification to a reservation, including, but not limited to, its date, price, and duration.

It is expressly stated that the early termination of a rental will not entitle you to any type of refund from Ola Menorca. Likewise, bad weather or sea conditions will not constitute a case of force majeure.

  • Allowed cases of cancellation of a Rental

From the date of payment of the Reservation, the rental may only be cancelled by decision of the Owner or the Tenant in the following cases:

  1. The Rental may be canceled by the Lessee or the Owner in the event of an unfavorable weather forecast for the entire duration of the rental, or in the event of significant natural disasters that have affected the rental conditions. To this end, a copy of the special weather report must be made available to Ola Menorca to demonstrate this.
  2. The Rental may be cancelled by the Owner if it is proven that the Lessee lacks the necessary skills to take control of the rented vessel, or if the rented vessel suffers a breakdown that makes it unfit for navigation and that the Owner cannot rectify before the rental. The Owner must promptly inform the Lessee and Ola Menorca of the breakdown and provide Ola Menorca with any appropriate supporting documentation. Ola Menorca reserves the right to request any additional information and documents it deems necessary.

Since the Lessee is aware that Ola Menorca’s Services are limited to a shuttle service, he or she waives the right to claim any compensation from Ola Menorca for cancellation of his or her Rental.

  1. The Rental may be cancelled by the Renter if, upon taking possession of the Boat, they find that it does not comply with the Rental Advertisement or that it is not seaworthy, either due to the absence of an essential safety element or because it does not comply with current laws and regulations. Proof of this must be provided to the Website, such as photos, videos, official documents of the boat, etc. (non-exhaustive list). After Ola Menorca has reviewed the supporting documents, the Renter will be partially or fully refunded the amounts paid in payment of the rental price. Ola Menorca will not be able to intervene on-site to verify the veracity of the documents provided.

Since the Owner is aware that Ola Menorca’s services are limited to a shuttle service, he or she waives the right to claim any compensation from Ola Menorca for cancellation of his or her rental.

  • Refund of amounts received and Service Fees
    • 1. If the cancellation occurs under the permitted circumstances (clause 6.2), taking into account the legitimate nature of the reason, Ola Menorca will refund the Lessee the amounts paid by him within a period of 1 to 10 business days.

Without prejudice to the foregoing, in the event of a breakdown attributable to the Lessee, no refund will be considered.

  • 1. Ola Menorca’s refund of the Renter’s Service Fees and the Owner’s Service Fees will also be subject to the legitimate nature of the event (clause 6.2) that led to the cancellation. The refund will be in the form of a voucher corresponding to the Renter’s Service Fees and the Owner’s Service Fees, valid for one year, to be used for a future rental.

Notwithstanding the foregoing, in the case of a Rental with a Professional Owner, if the latter opts for “Custom Terms”: the Professional Owner’s general terms of use will apply, except with regard to the reimbursement of Ola Menorca commissions.

Based on the information at its disposal, Ola Menorca will assess the legitimacy of any refund requests it receives at its sole discretion and may, without reason, issue a refund to the Tenant for the service fees.

  • Cancellation not included in the authorized cases

In the event of a Renter’s cancellation of their Reservation without an authorized reason, Owners will have the option to choose the cancellation conditions tailored to their preferences during the registration of their Listing:

  1. Flexible: If cancellation occurs 24 hours or more before the start of the rental, the Renter will be refunded 100% of the rental amount.
    • If cancellation occurs less than 24 hours before the start of the Rental, the Tenant will be required to pay 100% of the rental amount, and the Owners will receive the corresponding rental amount.
  2. Moderate: If cancellation occurs 5 days or more before the start of the rental, the Renter will be refunded 100% of the rental amount.
    • If cancellation occurs less than 5 days before the start of the rental, the Renter will be required to pay 100% of the rental amount, and the Owners will receive the corresponding rental amount.
  3. Semi-strict: If cancellation occurs 20 days or more before the start of the rental, the Renter will be refunded 100% of the rental amount.
    • If cancellation occurs less than 20 days before the start of the rental, the Renter will be required to pay 100% of the rental amount, and the Owners will receive the corresponding rental amount.
  4. Strict: In the event of cancellation, no refund will be made to the Lessee and the Lessee must pay the full cost of the Rental, regardless of the notice period.
  5. Customized: This option will be allowed only for professional owners and the cancellation policy will be subject to the Professional Owner’s own conditions.

Private Owners may freely choose one of the cancellation conditions indicated. However, professional Owners must ensure that the cancellation conditions applied to Tenants, specifically regarding penalties or charges, are similar to the cancellation conditions for rentals by professional Owners.

Likewise, in the absence of any choice by the Owner, it is agreed between the Users that the conditions called “Moderate” will apply.

Cancellations in the above cases will not affect the enforceability of the Tenant Service Fees and Owner Service Fees payable to Ola Menorca, which will not be refunded.

The cancellation conditions will be freely selected by the Owners, and Ola Menorca, in its capacity as a mere liaison for Users, will not act as a rental professional in the context of rentals proposed and carried out independently by private or professional Owners.

In the event of a Rental cancellation by the Owner, if the individual or professional Owner redirects the Renter to a company or individual to carry out the originally planned Rental, they will be subject to a penalty of 50% of the Rental amount. This penalty may be charged against future rental income. When a cancellation occurs under these conditions, if the individual or professional Owner arranges an alternative solution for the Renter outside of the Ola Menorca website, the Owner’s Service Fees will be payable by the Owner.

Since cancellations of paid reservations disrupt Renters’ plans and impact their trust in the community, Ola Menorca reserves the right to charge the Owner a fee of 100 euros per canceled reservation. 

  • Notification of cancellations

Any cancellation and the reasons for the cancellation must be notified to the Ola Menorca team exclusively via  info@olamenorca.com , no later than the afternoon of the first day of the rental. Failure to do so will result in no refunds from Ola Menorca. A cancellation will only become effective after an email notification from Ola Menorca or a notification on the Website.

  • SURE

Ola Menorca is not a party to any insurance contract provided through any link to a liability insurance provider advertised on the Website, nor to the insurance contracted by the Owner for the provision of the service, and is not acting on behalf of any insurer, broker or agent, insured, or any claimant in any contract for the insurance provided through such a link. Insurance coverage is provided through an independent insurance product not affiliated with Ola Menorca. Ola Menorca does not act as a broker, agent, or consultant in the sale of insurance, nor does it endorse or recommend any insurer or particular coverage terms. It simply provides a link so that, if desired, the User may process an insurance contract. Any insurance contract is exclusively between the relevant User, as the insured, and the insurer, as the insurer. The User acknowledges and agrees that Ola Menorca assumes no responsibility for any claim or dispute arising from or related to a contract for insurance provided through such a link. The User also acknowledges and agrees that Ola Menorca will not be involved in any such claims or disputes. Ola Menorca recommends that Renters purchase independent travel, cancellation, security deposit reduction, and liability insurance as a skipper at the time of booking. Reservations made through Ola Menorca are not covered by any type of insurance; it is the Owner’s and Renter’s responsibility to purchase such insurance.

The Owners agree to rent only boats insured for the rental activity. They exclude any liability on the part of Ola Menorca if damage occurs during the rental. The Owners are free, without exception or reservation, to choose an insurance company for this purpose.

  • PAYMENT MANAGEMENT 
  • Payment authorization

The Lessee authorizes Ola Menorca to charge the credit cards used for the Rental in question on behalf of and for the account of the Owner and for the payment of the Service Fee to the Lessee, as well as any other fees owed under these Terms. 

Ola Menorca uses payment service providers (Square) to collect payments through the Platform.

Any creation of an Owner account on the Platform will automatically create a payment account on the Square service, in order to allow Ola Menorca to proceed with the payment of amounts owed to the Owner, after deducting, where applicable, the amounts owed.

All amounts paid on the Platform are transferred and retained by Square. As soon as these amounts become due to Users (end of Rental, cancellation, etc.), Ola Menorca issues a transfer order to Square so that Square can transfer the amounts owed directly to the User’s account, whose details are entered into their Account.

Ola Menorca may perform Customer Due Diligence and verify the identity of Users. Pending payments will not be released to the Owner if they do not provide the requested information or documents.

Ola Menorca will not be responsible for payments made directly between Owners and Renters. The Website only guarantees the security of electronic payments made through our payment provider, Square.

  • Financial Conditions: Rental Price and Service Fees 

Access, registration, and use of the Platform will be free for Users.

The Boat Rental Payment that the Owner wishes to receive will be freely established by the Owner and freely accepted by the Lessee. Ola Menorca may not, under any circumstances, intervene with Users to organize or determine the payment for the Boat Rental payable to the Owner. The Professional Owner undertakes that the rental payment will be, at most, equivalent to the public price displayed on any other platform, publication, or on its own website.

The prices indicated on the Platform are understood to include all taxes and the Renter and Owner Service Fees applied by Ola Menorca to Users for the shuttle service.

  • TAXES

Owners are advised that income earned through the rental of their boats may be subject to tax. 

In accordance with applicable Spanish legislation, Ola Menorca communicates a document to Users annually that summarizes the gross transaction of which Ola Menorca is aware.

It is the Owner’s responsibility to ascertain their tax obligations and file any declarations required by the tax authorities. Ola Menorca is not involved in these processes in any way and will not be held responsible for them.

  • INTELLECTUAL PROPERTY

Ola Menorca owns all intellectual property rights related to the text, graphics, sound, videography, software, and all other elements on the Website, including the Ola Menorca brand, with the exception of information entered by Users. Ola Menorca is the sole owner of the intellectual property rights to the Website.

Users agree not to infringe any of Ola Menorca’s intellectual property rights. Users may not use any of the Website’s features, including printing, downloading, and emailing, for the purpose or with the effect of infringing the intellectual property rights attached to the Website and its components.

Users expressly agree:

  • Use the Website solely for the purpose of using the Services;
  • Not infringe any of Ola Menorca’s intellectual property rights (including its trademarks), whether or not they form part of the Website, and not infringe the intellectual property rights of third parties in the elements they upload to the Website;
  • Not to replicate, attempt to replicate or assist a third party to replicate the Website or any of its elements, in whole or in part;
  • Keep your Access Identifiers private and make every effort to ensure that no third party can access, or illegally access, all or part of the Service in any way or form;
  • Immediately notify Ola Menorca of any loss, third party access, or disclosure of your Access Identifiers.

Users’ compliance with the obligations specified above constitutes an essential condition without which Ola Menorca would not have entered into these Terms. Consequently, Ola Menorca reserves the right to suspend the User’s access to the Website and Services and immediately terminate their Account without prior notice if the User fails to comply with all or any of the obligations specified above, without prejudice to any damages that may be owed to Ola Menorca or any other remedies that may be available against the User.

To enable the provision of the Services and in accordance with the purpose of the Website, Users are granted a non-exclusive license to use the following content and data that they provide in connection with their use of the Services and that is necessary to run the Services, i.e., their personal information is made public to enable Rentals, rating and commenting on Boats or Users after a Rental, Listing information and photos of Boats (the “User Content”).

To enable Ola Menorca to perform the Services, Users authorize Ola Menorca, throughout the world and throughout their contractual relationship with Ola Menorca, to do the following:

  • reproduce and perform all or part of such User Content on any digital recording medium, whether now known or now unknown, including any server, hard drive, memory card or any equivalent medium in any format and by any process now known or now unknown, to the extent necessary for any storage, backup, transmission or downloading related to the operation of the Website and the provision of the Services;
  • adapt and translate such User Content (in accordance with the moral rights of Users), in particular to change the format of the User Content in order to respect the graphic charter of the Website, or to make it technically compatible for publication through the Website.
  • RESPONSIBILITY

Users are informed, and agree, that the Website and Services are provided as is. Ola Menorca is not responsible for any malfunction of the Website or the Service, including its lack of availability, if attributable to the behavior of a User, in the event of an unforeseeable and unavoidable act of a third party, or in the event of force majeure.

Users declare that they accept the characteristics and limitations of an online service and, in particular, acknowledge that:

  1. are aware of the risks of online services, especially in terms of response time;
  2. It is your responsibility to take all necessary steps to ensure that the technical characteristics of your computer or network allow you to access the Website and use the Service;
  3. are responsible for their actions and oversights on the Internet;
  4. It is your responsibility to take appropriate measures to protect your own data or software from infection by viruses circulating on the Internet or through any other electronic means.

Ola Menorca cannot, under any circumstances, guarantee the solvency of Users, including Renters. Users must verify the identity of their contact (Owner or Renter, respectively), the Owner’s vessel documents, and the Renter’s boating permit upon delivery of the vessel.

The User acknowledges and agrees that Ola Menorca is not obligated to conduct background checks on its Users. Ola Menorca reserves the right to verify a User’s records at its sole discretion, to the extent permitted by applicable law and if it has sufficient information to identify the User. 

The Renter may request from Ola Menorca any documentation they deem necessary regarding the vessel they wish to reserve, and Ola Menorca will request this documentation from the Owner so that the Renter can complete the reservation with all the information they deem necessary to make the decision to make payment. Renters must ensure before boarding the vessel and leaving the port that the rented vessel meets all legal requirements for that rental, and Renters and Owners are solely responsible for such compliance.

Ola Menorca chooses to carry out such control actions to offer the best possible service conditions.

Ola Menorca cannot be held responsible for removing or rendering inaccessible any obviously illegal content uploaded by a User.

As a digital platform, Ola Menorca’s role is limited exclusively to connecting Owners with Renters. Since Ola Menorca is not a party to the Rentals, it will never rent Boats through the Website or the Service and is a third party in the contractual relationship formed between Users for each Rental. Consequently, Ola Menorca is not liable for any damage suffered or caused by the Renter or Owner when using a Boat rented through the Website. Ola Menorca also does not guarantee Rental income of any kind.

Furthermore, Ola Menorca is not responsible for a User’s failure to comply with local regulations, such as those related to Boat Rental.

More generally, Ola Menorca cannot be held liable for any indirect or incidental damages caused to Users in the execution of these Terms.

  • AVAILABILITY OF THE WEBSITE AND SERVICES

The Website and Services are available 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control or will of Ola Menorca. Interruptions may also occur due to failures or due to maintenance and updating required for the proper functioning of the Website and the provision of the Service (hereinafter, the “Maintenance Operation”).

Users are aware that the Website and Service may be suspended for maintenance and updates. In this regard, Ola Menorca undertakes to inform Users of any maintenance operation as soon as possible and with at least 24 hours’ notice beforehand.

In the event of a malfunction or error that prevents the Website from functioning properly or providing the Service, Ola Menorca will use its best efforts to restore the Website or Service as quickly as possible.

When using the Website and Services, Users may contact Ola Menorca through the Website at info@olamenorca.com. This assistance does not cover issues attributable to the User’s internet access or computer equipment.

  • RIGHT OF WITHDRAWAL

Pursuant to Article 16(l) of Directive 2011/83/EU on consumer rights and its respective local applications, Users do not have the right of withdrawal provided for in distance and off-premises contracts.

  • PERSONAL DATA

Ola Menorca is responsible for the processing of your Personal Data collected through your use of our Service and Website. This means that Ola Menorca is specifically responsible for its collection, security, and use for the purposes detailed in its Privacy Policy, in compliance with data protection regulations. By registering as a User, you agree to this processing and guarantee the accuracy of all data you provide.

  • EXCLUSION OF A USER FROM THE SERVICES

The User benefits from the Service subject to compliance with the Terms, as well as any applicable laws or regulations.

Any proven fraud or attempted fraud (for example, identity theft, providing false information, misappropriation of bank cards, boat theft, rental outside the Platform after contact through Ola Menorca, etc.) may result in the User’s exclusion, without prejudice to Ola Menorca’s right to take all necessary legal action against that User. A User may also be temporarily or permanently excluded if their Account contains information similar or identical to that of a User who has been excluded (for example, in the case of an IP address identical to that of a User who has been excluded for fraud).

Ola Menorca reserves the right to temporarily or permanently withdraw access to the Service, either with immediate effect due to the severity and/or repetition of the incident, or after sending warnings or formal notices that have not led to compliance, to Users who fail to comply with the rules or obligations defined in these Terms in relation to:

  • the eligibility conditions applicable to the User,
  • the content of the Announcement,
  • the maintenance of the Vessel or its mooring,
  • payment of amounts due (including the Rental Price, subscriptions, adjustments, compensations and penalties),
  • the driving of the Vessel by an authorized person, as well as in case of:
  • aggressive or abusive behavior towards a User, Ola Menorca and/or its employees,
  • excessive, abusive and/or repeated cancellations (in particular if the Owner cancels a Rental due to any type of discrimination based on the Renter’s race, sexual orientation, origin, etc., that the Owner has expressed towards the Renter), navigation fines or damages,
  • breach of an agreement with the Tenant and/or Ola Menorca,
  • proposal for a service other than those strictly linked to the Rental, or
  • rules imposed by the Owner himself on the Tenant that contravene those of Ola Menorca.

If a User’s access to the Services is suspended, or if said User is excluded from the Platform, scheduled Rentals will be canceled. The defaulting User will not be reimbursed the outstanding amount owed for their Rentals as compensation. Excluded Users will no longer be able to rent a Boat or post an Ad on the Website for the duration of the exclusion. 

Users may, at any time and without just cause, stop using the Service by closing their User account.

  • MODIFICATION OF TERMS

Ola Menorca updates the features and details of the Website and Services to ensure their operation and quality.

Ola Menorca may modify the Terms unilaterally at any time, in particular to comply with any changes to the Ola Menorca Services or any legal, jurisprudential, editorial, or technical changes. Ola Menorca will notify Users before the modified Terms become effective. Users may object to the new version of the Terms by closing their Account within 30 days of receiving the change notification. After this period, all changes will be deemed accepted. If a User does not accept the new Terms, the agreement between Ola Menorca and that User will be terminated, and the User must immediately stop using the Website and Services.

The Terms applicable to each Rental booked through the Platform are those accessible online at the time of the Owner’s acceptance of the Rental.

Users are reminded that it is their responsibility to review the latest version of the Terms accessible on each page of the Platform before making any new Rentals.

  • HYPERTEXT LINKS

The Website may include links to other websites or other internet sources. Ola Menorca has no control over these websites and external sources. Therefore, Ola Menorca is not responsible for the availability of these websites and external sources and disclaims all liability for the Content, advertising, products, Services, and any other elements available on them. Furthermore, Ola Menorca is not liable for any damage or loss, proven or alleged, resulting from or related to access, use, or reliance on the Content, goods, or Services available on these websites or external sources. Ola Menorca is only responsible for the hyperlinks it creates. Any issues related to a link it did not create should be brought to the attention of the relevant website administrator.

  • MISCELLANEOUS PROVISIONS

The Parties are independent of each other. Neither Party may make any commitments in the name or on behalf of the other Party. Each Party acts in its own name and on its own behalf. Nothing in these Terms shall be deemed to create a company, agency, or representative or employment relationship between the Parties.

The Terms, including the rights and obligations stipulated herein, may not under any circumstances be transferred from the User to a third party.

If a provision of the Terms is found to be invalid or unfair, the contract will continue to apply in all its provisions, except for any provision that is deemed invalid or unfair, provided that it is possible without these provisions.

If one of the Parties waives one of the commitments or obligations of the other Party, this cannot be interpreted in the future as a waiver of that commitment or obligation.

For the execution of the Terms, the Parties choose the following addresses:

  • For Ola Menorca, at its address, indicated in the legal notice;
  • For the User, at the address provided upon registration.

The Terms are written in Spanish. Any translation of the Terms is for informational purposes only.

  • APPLICABLE LAW AND JURISDICTION 

The Terms are governed by Spanish law.

In the event of a dispute arising regarding the interpretation or enforcement of these Terms, the Parties agree to seek an amicable solution.

If no amicable solution has been found after discussions with Ola Menorca, any User who is a consumer may submit any claim related to the Platform to the dispute resolution platform published by the European Commission available  here . 

In the event that the dispute cannot be resolved amicably, the parties submit, at their discretion, to the courts and tribunals of Mahón for the resolution of disputes and waiving any other jurisdiction. The foregoing shall not apply in cases where the law of the User’s country of residence requires the application of another law or jurisdiction, provided that contractual exclusion of this legal provision is not possible.

Last updated: August 28, 2024