Terms of service
General Terms and Conditions
MOYA MARINE, SOCIEDAD LIMITADA / Moya Charter
Last updated: May 2026
These General Terms and Conditions apply to all enquiries, offers, bookings and charter services offered or concluded via the website moya-charter.com, by email, WhatsApp, telephone, social media or any other communication channels.
These General Terms and Conditions are governed by Spanish law and are intended for charter services in Mallorca / Spain.
1. Provider / Contracting Party
The provider and contracting party for the offered charter services is:
MOYA MARINE, SOCIEDAD LIMITADA
Carrer de la Guàtlera, 36A Ponent
07013 Sa Vileta-Son Rapinya
Illes Balears
Spain
Email: info@moya-charter.com
Telephone / WhatsApp: +49 151 17641032
Spanish tax number / CIF / NIF: to be added once issued
MOYA MARINE, SOCIEDAD LIMITADA provides its services under the brand name Moya Charter.
2. Scope of Application
These General Terms and Conditions apply to all contracts concerning the rental, chartering and brokerage of boats, yachts, watersports equipment and additional services in Mallorca, concluded between MOYA MARINE, SOCIEDAD LIMITADA, operating under the brand name Moya Charter, and the customer.
These General Terms and Conditions apply both to consumers and businesses, unless mandatory statutory provisions provide otherwise.
Any deviating terms and conditions of the customer shall only apply if Moya Charter has expressly agreed to them in writing.
The incorporation of these General Terms and Conditions is carried out in accordance with Spanish law on general contractual terms, in particular Ley 7/1998, de 13 de abril, sobre Condiciones Generales de la Contratación. Under this law, general terms and conditions become part of the contract if the customer was informed of them before conclusion of the contract and had the opportunity to review their content. (BOE)
3. Subject Matter of the Contract
Moya Charter offers boat charters, day charters, half-day tours, sunset charters and supplementary services such as skipper, watersports equipment, catering, drinks, transfers or other extras.
The exact scope of services is determined exclusively by the respective individual offer, booking confirmation or separate agreement with the customer.
The boats, prices, times, routes, equipment, images and additional services shown on the website are for general information only. They do not constitute a legally binding offer, but an invitation for the customer to submit an enquiry.
All services are subject to availability, technical operational readiness, weather conditions, official requirements, safety conditions and individual confirmation by Moya Charter.
4. Enquiry and Conclusion of Contract
The customer may submit a non-binding enquiry via the website, WhatsApp, email, telephone, social media or other communication channels.
A binding contract is only concluded when:
Moya Charter confirms availability and the specific conditions, and
the customer expressly accepts the offer or pays an agreed deposit.
An automatic enquiry via the website does not constitute a binding booking.
Moya Charter is entitled to reject an enquiry or booking, in particular if the desired boat, skipper, route or date is not available, or if weather-related, safety-related, technical, official or organisational reasons prevent the service from being carried out.
5. Online Booking and Electronic Communication
Where bookings or enquiries are made via the website or other electronic means of communication, the Spanish provisions on information society services and electronic commerce shall also apply, in particular Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico. This applies, among others, to providers of online services established in Spain. (BOE)
The customer is obliged to provide correct and complete contact details when making an enquiry or booking.
Communication may take place by email, WhatsApp, telephone or other electronic communication channels.
Messages from Moya Charter shall be deemed received when sent to the email address or telephone number provided by the customer, insofar as legally permissible.
6. Prices and Payment Terms
All prices are stated in euros, unless otherwise indicated.
The charter price stated in the offer includes only the services expressly confirmed.
Unless expressly confirmed in writing as included, the following are not included:
Fuel costs
Skipper fee
Port fees outside the home port
Berthing fees in other ports
Catering, drinks or special requests
Watersports equipment such as Seabob, Fliteboard, Jetboard or similar extras
Transfers, parking fees or other third-party services
Tips
Other costs not expressly confirmed as included
To secure a booking, Moya Charter may require a deposit. The amount of the deposit will be communicated to the customer before conclusion of the contract.
The remaining balance must be paid no later than before the start of the charter, unless otherwise agreed.
For short-notice bookings, Moya Charter may require full payment in advance.
If an agreed payment is not made on time, Moya Charter is entitled to cancel the booking and allocate the date to another customer.
7. Security Deposit
Depending on the boat, type of charter, bareboat charter, skippered charter or additional services, Moya Charter may require a security deposit.
The amount of the security deposit will be communicated to the customer before conclusion of the contract.
The security deposit serves in particular to cover:
Damage to the boat
Damage to equipment or accessories
Damage to watersports equipment
Loss of equipment
Special cleaning
Late return
Unauthorised additional costs
Breaches of duty by the customer or their guests
The security deposit will be refunded after the end of the charter, provided that there are no damages, losses or other outstanding claims.
Moya Charter is entitled to offset justified claims against the security deposit. Further claims for damages remain reserved.
8. Skipper and Nautical Responsibility
If the charter is booked with a skipper, nautical command of the boat lies exclusively with the responsible skipper.
For safety reasons, the skipper makes binding decisions regarding:
Route
Speed
Anchorages
Swimming stops
Use of watersports equipment
Changes to the route
Interruption or continuation of the trip
Return to port
The customer and all guests on board must follow the skipper’s instructions at all times.
This applies in particular in the event of weather changes, swell, heavy boat traffic, alcohol or drug consumption, behaviour on board, swimming stops and the use of watersports equipment.
In the event of breaches of safety instructions, the skipper may interrupt the trip or exclude individual persons from participation. In such case, there shall be no entitlement to a refund if the interruption was caused by the behaviour of the customer or their guests.
9. Bareboat Charter
If a boat is rented without a skipper, the customer must present all legally required licences, permits, identification documents and qualifications before the start of the charter.
Moya Charter is entitled to refuse handover of the boat if:
the required documents are missing,
there are doubts about the customer’s suitability,
the customer appears intoxicated or unsuitable,
weather or sea conditions do not allow safe use,
official or insurance-related requirements prevent handover.
In this case, there shall be no entitlement to a refund if the refusal is based on missing, incorrect or insufficient information provided by the customer.
In the case of a bareboat charter, the customer is liable for all damages, fines, losses and breaches of duty caused by them or their guests during the rental period, insofar as legally permissible.
10. Customer Obligations
The customer undertakes to treat the boat, equipment, accessories and additional services carefully, properly and respectfully.
The customer is responsible for ensuring that all accompanying persons comply with the rules on board.
In particular, the following are prohibited:
Dangerous behaviour on board
Jumping into the water without the skipper’s approval
Entering restricted areas
Intentional damage to the boat or equipment
Carrying or consuming illegal substances
Excessive alcohol consumption
Polluting the sea, port or boat
Smoking in non-designated areas
Using watersports equipment without instruction or approval
Unauthorised operation of technical equipment
Bringing animals without prior consent
Bringing dangerous objects
Behaviour that endangers or disturbs other guests, crew, port staff or third parties
The customer is liable for damage caused by them or their guests.
11. Number of Participants
The maximum permitted number of persons depends on the respective boat, its certification, insurance and statutory regulations.
The maximum permitted number of persons must not be exceeded.
Children count as passengers unless statutory or official provisions state otherwise.
Moya Charter is entitled to refuse the participation of additional persons if this would exceed the permitted capacity. No refund will be granted in this case.
12. Charter Times and Delays
The agreed charter time begins and ends at the times stated in the booking confirmation.
If the customer arrives late, the charter time is not automatically extended.
An extension is only possible with the prior consent of Moya Charter and against an additional charge.
In the event of significant delay by the customer, the charter may be shortened or cancelled. There shall be no entitlement to a refund if the delay was caused by the customer or their guests.
If the boat has to return later due to the customer’s delay and additional costs arise as a result, the customer shall be liable for these costs, insofar as legally permissible.
13. Fuel
Fuel is only included in the charter price if this is expressly stated in the offer or booking confirmation.
Otherwise, fuel costs will be charged additionally.
Depending on the agreement, billing may be carried out:
according to actual consumption,
according to route,
according to prior estimate,
as an agreed flat-rate amount.
Final fuel consumption depends in particular on:
Route
Speed
Weather
Swell
Current
Engine configuration
Load
Driving style
Waiting times
Use of generators or other technical equipment
Fuel costs stated in advance are non-binding estimates unless expressly confirmed as a fixed price.
14. Routes, Bays and Anchorages
Planned routes, bays, stops, swimming breaks and travel times are non-binding unless expressly guaranteed in writing.
The execution of a specific route depends on:
Weather
Wind
Swell
Sea conditions
Official requirements
Nature conservation regulations
Safety situation
Sea traffic
Availability of suitable anchorages
Decision of the skipper
Moya Charter does not guarantee reaching a specific place, bay or anchorage unless this has been expressly agreed in writing.
15. Weather Conditions and Safety
The execution of the charter depends on weather, wind, swell, visibility, official requirements and the safety assessment by Moya Charter or the responsible skipper.
The decision as to whether a trip can be carried out safely lies with Moya Charter or the responsible skipper.
In case of bad weather or unsafe conditions, Moya Charter may:
offer an alternative route,
postpone the date,
shorten the charter,
cancel the charter.
If the charter is cancelled by Moya Charter for safety reasons and no suitable alternative date is possible, the customer will receive a refund of the payment already made for this charter.
Further claims, in particular for travel, hotel, transfer, flight or other consequential costs, are excluded to the extent legally permissible.
Light wind, cloudy weather, individual clouds, short rain showers, swell within safe limits or weather conditions subjectively perceived as not ideal do not automatically entitle the customer to free cancellation.
16. Cancellation by the Customer
Unless otherwise individually agreed, the following cancellation conditions apply:
Up to 30 days before the start of the charter:
Free rebooking subject to availability or refund minus costs already incurred.
29 to 14 days before the start of the charter:
50% of the charter price becomes due.
13 to 7 days before the start of the charter:
75% of the charter price becomes due.
Less than 7 days before the start of the charter or no-show:
100% of the charter price becomes due.
The decisive factor is the time at which the cancellation is received by Moya Charter.
Where possible, Moya Charter may offer the customer an alternative date. There is no entitlement to a specific alternative date.
Costs already incurred, in particular for skipper, catering, special equipment, port fees, external service providers or reserved extras, may be retained or charged separately in the event of cancellation, insofar as legally permissible.
17. Cancellation or Modification by Moya Charter
Moya Charter may cancel, postpone or modify a booking if important reasons exist.
Important reasons include in particular:
bad weather or unsafe sea conditions
technical problems with the boat
illness or unavailability of the skipper
official restrictions
force majeure
safety risks
incorrect information provided by the customer
non-payment or late payment
lack of availability of the booked boat
insurance-related reasons
circumstances making safe execution impossible
In such case, Moya Charter will, where possible, offer an alternative date, alternative route or alternative boat.
If this is not possible or unreasonable for the customer, payments already made for the affected charter will be refunded.
Further claims are excluded to the extent legally permissible.
18. Technical Problems and Replacement Boat
Boats are technical vehicles. Despite regular maintenance, technical defects or short-notice failures may occur.
If the booked boat is not available, Moya Charter is entitled to offer the customer an equivalent or higher-quality replacement boat.
If only a lower-quality replacement boat is available, the customer may be offered an appropriate price adjustment.
If no suitable replacement boat is available, Moya Charter may postpone the date or cancel the booking.
Payments already made will in this case be refunded, unless an equivalent substitute service has been accepted.
A claim for damages due to technical failures exists only within the framework of the mandatory statutory provisions of Spanish law.
19. Extras, Watersports Equipment and Accessories
Additional services such as Seabob, Fliteboard, SUP, snorkelling equipment, Jetboard, catering, drinks or other extras are only part of the contract if they have been expressly confirmed.
The use of watersports equipment is at the customer’s own risk and only after instruction and approval by Moya Charter or the skipper.
Moya Charter may prohibit the use of watersports equipment at any time for safety reasons, in particular in the event of:
unsuitable weather
swell
heavy boat traffic
nature conservation requirements
lack of physical suitability
lack of instruction
visible intoxication
unsafe behaviour
The customer is liable for damage, loss or improper use of extras by them or their guests.
There is no entitlement to a refund if the use of an extra is not possible for safety reasons, provided that the extra was not charged separately.
If the extra was charged separately and could not be used for reasons attributable to Moya Charter, the corresponding additional amount will be refunded.
20. Catering, Drinks and Special Requests
Catering, drinks, decoration, special equipment or other special requests only become part of the contract if they have been expressly confirmed.
Moya Charter is only liable for external third-party services if Moya Charter itself is the contracting party for the service or if liability exists under mandatory Spanish law.
In the event of short-notice cancellation, costs for catering, drinks, special equipment or third-party services already ordered may be charged in full, insofar as legally permissible.
The customer is obliged to inform Moya Charter of allergies, intolerances or special requirements in good time before the start of the charter.
21. Alcohol, Drugs and Behaviour on Board
Alcohol consumption is only permitted in reasonable amounts, provided that it does not endanger safety on board.
Drugs or illegal substances are strictly prohibited on board.
Moya Charter or the skipper are entitled to exclude persons from the charter or interrupt the trip if they:
appear intoxicated,
consume or carry drugs,
act aggressively,
harass other guests or crew,
disregard safety instructions,
endanger the boat or equipment,
behave disrespectfully or dangerously.
In this case, there shall be no entitlement to a refund, insofar as legally permissible.
22. Health and Personal Suitability
The customer is obliged to inform Moya Charter before the start of the charter about any special health restrictions, insofar as these may be relevant to the safe execution of the charter.
This applies in particular to:
limited mobility
pregnancy
cardiovascular diseases
severe allergies
epilepsy
non-swimmers
other relevant health risks
Participation is at the customer’s own responsibility.
Customers and guests must be physically able to board safely, move around on board and follow the skipper’s instructions.
Moya Charter may refuse participation of individual persons if there are safety concerns regarding their safe participation.
23. Children and Minors
Minors may only participate when accompanied by a parent, legal guardian or responsible adult supervisor.
Parents or supervisors are responsible for the safety and supervision of children throughout the entire charter.
Children must wear life jackets if the skipper orders this or if required by law.
Moya Charter is entitled to refuse the participation of children if safe execution cannot be guaranteed.
24. Animals on Board
Animals may only be brought on board with the prior express consent of Moya Charter.
The customer is liable for all damage, soiling or additional cleaning costs caused by animals.
Moya Charter may refuse animals for safety, hygiene or insurance reasons.
25. Liability of Moya Charter
Moya Charter is liable in accordance with the mandatory provisions of Spanish law.
To the extent legally permissible, Moya Charter is not liable for damage caused by:
behaviour of the customer or their guests
disregard of safety instructions
improper use of equipment or watersports equipment
alcohol or drug consumption
force majeure
weather changes
official measures
acts of third parties
loss of personal belongings
unauthorised conduct by the customer
Liability for personal injury and mandatory statutory consumer rights remains unaffected.
General contractual matters, in particular breaches of duty, damages and force majeure, are additionally governed by the Spanish Código Civil, unless more specific provisions apply.
26. Liability of the Customer
The customer is liable for all damages, losses, fines, costs and claims caused by them or their guests.
This includes in particular damage to:
boat
engines
equipment
upholstery
deck
cabin
toilet
watersports equipment
safety equipment
port facilities
other boats
third-party property
The customer is also liable for damage caused by improper use, disregard of instructions, alcohol, drugs, negligence or intentional conduct.
Moya Charter is entitled to offset incurred damage against a deposited security deposit. Further claims remain reserved.
27. Insurance
The boats have the legally or contractually required insurance coverage.
Insurance coverage exists only within the framework of the respective insurance terms.
Damage may be excluded from insurance coverage, in particular in the event of:
gross negligence
intentional conduct
alcohol or drug consumption
disregard of instructions
use outside permitted areas
overloading
driving without the required licence
improper use
unauthorised use of watersports equipment
In such cases, the customer is liable for the damage incurred, insofar as legally permissible.
28. Personal Belongings
Moya Charter accepts no liability for loss, theft or damage to personal belongings of the customer or their guests, unless the damage was caused by intentional or grossly negligent conduct by Moya Charter.
Valuables, mobile phones, cameras, jewellery, documents and cash should be kept safe during the charter and not left unattended.
29. Photos and Videos
The customer may take private photos and videos during the charter, provided that this does not impair safety on board, the privacy of other guests or the work of the skipper.
Commercial recordings, drone footage, advertising productions, influencer shoots or professional photo and video recordings require the prior consent of Moya Charter.
Drones may only be used if all legal, aviation, data protection and safety requirements are complied with. Responsibility for this lies with the customer, unless otherwise agreed.
Moya Charter may use photos or videos of customers for marketing purposes only with their express consent.
30. Data Protection
Moya Charter processes the customer’s personal data exclusively within the framework of applicable data protection regulations, in particular the General Data Protection Regulation of the European Union and the applicable Spanish data protection regulations.
The data is processed in particular for:
handling enquiries
preparing offers
processing bookings
communicating with the customer
payment processing
organising the charter
fulfilling legal obligations
documenting business transactions
Further information is provided in the privacy policy on the website.
31. Consumer Information and Spanish Consumer Protection Law
Where the customer is a consumer, the mandatory provisions of Spanish consumer protection law apply.
In particular, Real Decreto Legislativo 1/2007, de 16 de noviembre, the Spanish law for the protection of consumers and users, is relevant. It regulates, among other things, consumer information, distance contracts, rights of withdrawal and exceptions to the right of withdrawal. (BOE)
Before conclusion of the contract, Moya Charter provides the customer with essential information, in particular:
provider
service offered
price
date and period of the charter
payment terms
cancellation terms
essential additional costs
contact options
applicable law
information on the right of withdrawal or its exclusion for date-specific leisure services
32. Right of Withdrawal for Date-Specific Charter Services
Consumers generally have a statutory right of withdrawal of 14 calendar days for certain distance contracts.
However, under Spanish law, the right of withdrawal is excluded in certain cases.
Pursuant to Article 103 letter l) of Real Decreto Legislativo 1/2007, there is no statutory right of withdrawal for services related to leisure activities if the contract provides for a specific date or period of performance.
The boat charters, day charters, half-day tours, sunset charters and other nautical charter services offered by Moya Charter are regularly booked for a specific date, specific time or specific period.
Therefore, after binding booking confirmation, there is generally no statutory right of withdrawal for these date-specific charter services.
The customer’s rights in the event of cancellation, rebooking, weather-related cancellation or cancellation by Moya Charter are governed by these General Terms and Conditions and the individually agreed booking conditions.
33. Force Majeure
Moya Charter is not liable for cancellations, delays or changes caused by force majeure or circumstances beyond the control of Moya Charter.
This includes in particular:
storm
severe weather
dangerous sea conditions
natural events
port closures
official measures
strikes
pandemics
technical emergencies
safety warnings
war, terrorism or civil unrest
closure of maritime areas
short-notice official prohibitions
In such cases, Moya Charter will, where possible, endeavour to provide a reasonable alternative solution, in particular an alternative date, alternative route or alternative boat.
34. Complaints and Claims
Any complaints should be reported to Moya Charter as soon as possible during or immediately after the charter, so that an assessment and, if appropriate, remedy can be provided.
Subsequent complaints must be made in writing by email to info@moya-charter.com and must describe the matter in a comprehensible manner.
The customer is obliged to give Moya Charter a reasonable opportunity to review and respond to the matter.
35. Dispute Resolution and Consumer Complaints
Where legally required, the relevant Spanish and European provisions on consumer information and dispute resolution apply.
Moya Charter endeavours to resolve any disagreements with customers amicably.
An obligation to participate in an out-of-court dispute resolution procedure exists only where required by law or where Moya Charter expressly agrees to do so.
36. Applicable Law
These General Terms and Conditions and all contractual relationships between Moya Charter and the customer are governed by Spanish law.
Mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected, insofar as they cannot be legally excluded.
37. Place of Jurisdiction
To the extent legally permissible, the place of jurisdiction shall be the registered office of MOYA MARINE, SOCIEDAD LIMITADA or the competent jurisdiction in Mallorca / Illes Balears, Spain.
For consumers, the mandatory statutory places of jurisdiction under Spanish and European law apply.
38. Contract Language
The contract language is German, unless another language has been expressly agreed.
Where translations into other languages are provided, these are for information purposes only. In case of doubt, the German version shall prevail, insofar as legally permissible.
39. Amendments to the General Terms and Conditions
Moya Charter is entitled to amend these General Terms and Conditions with effect for future enquiries and bookings.
For bookings already confirmed, the General Terms and Conditions validly incorporated at the time of conclusion of the contract shall apply, unless otherwise agreed.
40. Severability Clause
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
The statutory provisions shall apply in place of the invalid provision.
The parties shall endeavour to find a valid provision that comes as close as possible to the economic purpose of the invalid provision, insofar as legally permissible.