Disclaimer

• mobile version of the Website,
• messengers integrated with the Website (WhatsApp, Telegram, etc.),
• email newsletters and electronic feedback forms,
• official Company pages and publications on social networks (Facebook, Instagram, TikTok, YouTube, etc.),
• any information provided orally or in writing as part of responses to requests submitted through the Website.

The content of the Website and all accompanying materials is provided exclusively for informational and promotional purposes, aimed at describing the services offered by the Company, introducing tour routes, sea excursion formats, booking conditions and project philosophy.

Using the Website in any form - viewing pages, sending contact information, interacting with buttons, booking forms, messengers or subscribing to newsletters means that the user:

• Has read and fully accepts these disclaimer terms;
• Has familiarized with and accepts the Privacy Policy, Terms of Use and Public Offer posted on the Website;
• Understands that any actions taken based on information posted on the Website are carried out at their own risk.

If you do not agree with any of the provisions described in this section or other legal documents of the Company, we strongly recommend refraining from using the Website, not leaving personal data, not making bookings and not engaging with Company representatives through the specified channels.

The Company reserves the right to update, modify or delete the content of this Disclaimer at any time without prior notice, including in case of changes in regulatory requirements, internal policies, technical settings or business model.

The current version is always available on the Website and takes effect from the moment of its publication.

The Company is not responsible for possible damages, losses or disappointments caused by misunderstanding of these provisions or erroneous perception of the nature of the services provided. The user is responsible for familiarizing themselves with current versions of legal documents before using the Website.

1. Informational nature of materials

All information posted on this Website, including but not limited to:

• descriptions of yacht tours (individual, mixed, day, multi-day and custom tours),
• routes, duration and tour schedules,
• visual materials (photos, videos, maps),
• blog publications and other text materials,
• prices, booking options and participation conditions,
• reference information about weather, marine conditions, onboard behavior rules, as well as
• recommendations, advice or answers to frequently asked questions

is provided exclusively for informational purposes and is not legally binding, a public commercial offer, an offer, a consultative conclusion, or an official recommendation.

The Company does not provide individual consultations through the Website on legal, medical, navigational, insurance, immigration or other matters requiring professional approach, personalized analysis or compliance with special licenses. If such consultations are needed, the user must contact competent specialists.

Photos and descriptions of yachts, routes and tour programs may be illustrative in nature and do not represent an accurate display of a specific vessel or event. The Company reserves the right to make changes to schedules, routes, format and service conditions depending on weather conditions, logistical factors, fleet load or captain's decisions - without mandatory prior notification.

The Company does not guarantee that information posted on the Website will be applicable or accurate in each specific case, for each user or situation. While all efforts are directed at maintaining information up-to-date, errors, outdated data or typos are possible, for which the Company is not responsible.

No information obtained by the user as a result of using the Website (including email correspondence, in messengers or feedback forms) should be interpreted as an official recommendation or as a promise to achieve a specific result. The responsibility for interpreting and using the posted information lies with the user.

The Company recommends that clients and users carefully review the Public Offer, specific tour description and, if necessary, contact authorized Company representatives directly for clarification before booking services.

2. Disclaimer of legal and financial guarantees

Information posted on this Website, including but not limited to:

• descriptions of tours, routes and conditions for their conduct,
• information about service costs, payment methods and refund conditions,
• tax or accounting explanations,
• instructions on insurance, visa or migration regime,
• recommendations for tour participation, including health, age or fitness level requirements,
• other comments or explanations provided in the form of texts, visual materials or messages from Company employees (including through messengers, email and social networks)

is not legal, financial, tax, accounting, medical or insurance advice, cannot be considered as an official recommendation, specialist conclusion or legally binding proposal.

The Website does not replace consultations with professionals possessing appropriate qualifications, licenses or the right to act in a specific jurisdiction. The user is obliged to independently assess the applicability of any information obtained on the Website to their personal situation, and if necessary - seek individual consultation from a lawyer, financial consultant, insurance agent, doctor or other specialist.

The Company is not responsible for:

• user interpretation of legally significant terms or provisions;
• any consequences arising from independent decision-making by the user without consultation with professionals;
• losses, expenses, fines, entry refusal, insurance policy cancellation, inability to participate in charter or other problems caused by misunderstanding or incorrect application of information posted on the Website;
• the company is not responsible for consequences of client lateness or no-show at the appointed tour start time, including if lateness is related to public transport delays, traffic jams, lack of parking spaces or other unforeseen circumstances. Such cases are not recognized as force majeure circumstances and result in loss of the right to participate in the tour without refund of the paid amount. In case of lateness of more than 5 (five) minutes, the captain has the right to start the trip without waiting for the client.

All examples, scenarios, mentioned situations and explanations are of a generalized and demonstrative nature. They are not intended to replace professional conclusion and should not be perceived as a basis for making legal, financial or organizational decisions.

The user bears full responsibility for the consequences of their actions or inaction, including consequences from using information posted on the Website without proper analysis and confirmation of applicability to their own situation.

3. Hyperlinks and external sources

This Website may contain hyperlinks, embedded elements (iframe), transition buttons, widgets and other forms of links to web pages, services and resources managed by third parties. Such resources may include:

• booking platforms and charter yacht aggregators,
• payment systems (e.g., Stripe, PayPal),
• messengers (WhatsApp, Telegram),
• social networks (Instagram, YouTube, TikTok, Facebook, etc.),
• partner websites and blogs,
• travel aggregators and reference platforms.

These external resources are not under the control of the Company. Providing links to them is carried out exclusively for user convenience and does not mean approval, support, guarantee or affiliation of the Company with their owners or content.

The Company is not responsible for:

• accuracy, completeness, legality, security and relevance of information posted on third-party sites;
• their compliance with EU, Spanish or other applicable jurisdiction legislation;
• correctness of personal data processing carried out on third-party resources;
• security of transactions on such resources, including entering payment information, bookings or uploading documents;
• any commercial, technical or legal information provided on such resources;
• consequences of any user actions performed on third-party sites (including purchases, registration, subscriptions, correspondence, material downloads, etc.).

The user is obliged to independently familiarize themselves with the terms of use, privacy policy and other legal documents of the third-party resource before starting to use it. All user actions on the external site are governed exclusively by its own internal policies and conditions.

The Company is not responsible for losses, data loss, fraud, technical failures, viral infections, blockages or other consequences arising from user interaction with third-party platforms, even if the transition to them was made from the Company's official Website.

If the user notices the presence of links on the Website to resources that violate legislation, ethical or technical standards, they may notify the Company of this through official contacts for consideration of removing them.

4. Limitation of liability for risks related to marine activities

Sea excursions, charter tours, swimming in open sea, moving on deck, staying aboard a yacht, as well as using accompanying equipment (including life jackets, tenders, gangways, ladders, SUP boards, inflatable rings, audio equipment, etc.) are types of active recreation inextricably linked with exposure to the external natural environment, high mobility of the object (yacht), limited spaces and specifics of marine transport.

Sea Wave Yachting S.L. Company makes maximum organizational and technical efforts to ensure a reasonable level of safety on board, including:

• Appointing a qualified skipper with valid licenses and marine experience;
• Pre-voyage technical inspection of the vessel;
• Ensuring mandatory passenger briefing before tour start;
• Providing basic personal protective equipment (jackets and life rings);
• Monitoring weather situation and assessing marine conditions before departure;
• Monitoring passenger behavior and prompt response to risky actions.

However, complete elimination of all possible risks in marine environment conditions is impossible. The user and all accompanying persons consciously agree that participation in a marine tour is carried out voluntarily and at their own risk.

Within the framework of this disclaimer, the user acknowledges the possibility of the following situations not subject to Company control:

• Sudden changes in weather conditions, including squall winds, waves, precipitation, reduced visibility, sharp gusts;
• Mechanical impacts - strikes against hull elements, mast, boom, halyards, mooring lines, etc.;
• Rolling, falls, slips, loss of balance on wet deck or when transitioning to/from shore;
• Injuries from moving elements, including rigging, opening hatches, doors and equipment;
• Limited availability of emergency assistance on board, including medical support or evacuation;
• Third-party interference, including actions of other guests, tender drivers, oncoming vessels and port services;
• Passenger health condition, including sudden exacerbation of chronic diseases, allergic reactions, seasickness, cramps, panic attacks, etc.

The Company is not liable for damage, harm or losses suffered by the user (or accompanying persons) if such:

• Resulted from ignoring captain and crew instructions;
• Arose due to being under the influence of alcohol, narcotic or medicinal intoxication;
• Was caused by non-compliance with safety rules on board or unauthorized use of equipment not intended for passengers;
• Occurred during unauthorized actions (e.g., jumping from deck, climbing rigging, independent SUP board use without permission and control);
• Arose when refusing to use personal protective equipment (life jackets, handrails, etc.);
• Was caused by inappropriate behavior of other guests, if it was objectively impossible to prevent the incident;
• Occurred as a result of medical or psycho-emotional problems that the Client did not report in advance and which objectively prevented safe participation in the tour.

The Company is not liable for loss, damage or wetting of passengers' personal property, including electronic devices, clothing, shoes, documents, jewelry, optics, accessories, etc., left unattended or unprotected from water and impacts.

Sea Wave Yachting strongly recommends all participants to:

• familiarize themselves with the route, weather conditions and tour duration in advance;
• assess their physical and psycho-emotional readiness for sea travel;
• in case of medical contraindications, pregnancy, injuries or unstable health condition - consult with a doctor before booking and inform the Company before going to sea;
• use only recommended footwear (without heels and with non-slip soles);
• exclude alcohol consumption and heavy food before and during the tour, especially before swimming.

Passengers are obliged to immediately notify the captain of health deterioration, suspicious symptoms or dangerous situations. Untimely notification, concealment of information about health condition, allergies or other risks releases the Company from any liability for consequences.

In case of an incident on board, the Company undertakes obligations for:

• providing possible first aid within the skipper's competence;
• immediately calling coastal services if the situation requires intervention;
• ensuring disembarkation at the nearest safe port if emergency evacuation is necessary.

Nevertheless, the Company is not liable for expenses incurred by users in connection with such incidents, including expenses for medical care, transport, accommodation, cancellation of subsequent bookings, etc.

Booking confirmation and tour participation is legally significant confirmation that the user and their accompanying persons:

• Are familiar with this section;
• Understand and accept all possible risks associated with marine leisure;
• Agree with the limitation of liability of Sea Wave Yachting S.L. on the stated grounds.

5. Photos, visualizations and expected impressions

Photos of yachts, routes, locations, leisure activities, food, drinks, equipment and other objects posted on this Sea Wave Yachting S.L. website (hereinafter - "Company") are used exclusively for illustrative purposes. They are intended to give potential clients a general idea of the service format offered, comfort level, possible leisure scenarios, typical yacht appearance, nature and marine environment in which tours take place.

The Company makes efforts to ensure visual correspondence between images and real experience, however does not guarantee exact correspondence of presented photos with the following parameters:

• Actual appearance of the yacht provided for a specific date (color, interior, layout, brand or year of manufacture may differ);
• Model and configuration of equipment used on board (SUP boards, awnings, audio system, furniture, etc. may vary depending on vessel configuration);
• Lighting level, weather conditions, sea and sky state presented in images, as they depend on natural and seasonal factors and are not subject to Company control;
• Excursion route, as the actual route may be adjusted by the captain taking into account weather conditions, safety and port restrictions;
• Format and composition of tour participants, since mixed and group tours are conducted with participation of various clients, and individual tours provide confidentiality but do not guarantee full access to all areas under technical limitations.

Additionally, some images may be provided by partners, tourists, service providers or obtained from open sources with compliance to intellectual property rights and editorial licenses. If visual materials contain recognizable faces, filming was conducted either with their consent or without identifying features. Nevertheless, such persons may not participate in specific tours ordered by the user.

The Company is not responsible for any expectations formed by the user based on visual content, including but not limited to:

• expectations of vessel luxury or aesthetics level;
• ideas about weather, landscapes, amount of sunshine, water clarity, etc.;
• hopes for a certain group composition, activities, music or duration of swimming stops.

All images on the website are of a general representation nature and are not part of a legally binding service description, except for specially designated elements included in the booking description.

The user confirms understanding that the website's visual design is part of marketing communication and cannot serve as grounds for claims related to differences between expected and actual visual tour experience.

The Company guarantees proper fulfillment of its obligations within the concluded public offer agreement, including providing a technically serviceable yacht, qualified skipper, compliance with safety conditions and conducting a marine tour within specified timeframes, within indicated routes, depending on weather and operational conditions. All other elements related to visual or emotional perception are not subject to contractual securing.

6. Property liability

Sea Wave Yachting S.L. Company (hereinafter - "Company") makes all reasonable efforts to organize safe and comfortable sea excursions and comply with booking conditions, however is not liable for events and consequences outside its control or arising from client actions/inaction.

The Company is not liable for:

• Loss, theft or damage of passengers' personal belongings (including but not limited to: mobile phones, photography equipment, drones, clothing, shoes, documents, jewelry, wallets and bank cards) occurring during sea excursion, on board yacht, during boarding or disembarking at marina, as well as during stops for swimming or walks;
• Wetting, spoilage or drowning of personal belongings if they are left on deck, not protected from water, placed near sides or were not properly secured or packed, including cases of personal items falling overboard;
• Physical damage to baggage occurring during sea rolling, falling objects during rough seas or movement around the vessel;
• Route and time changes caused by weather conditions (wind, fog, rain, limited visibility, etc.), technical malfunctions, restrictions from port authorities, marina captains, coast guard services or other circumstances beyond the Company's control;
• Passenger refusal to participate in tour for personal reasons, including illness, plan changes, no-show, lateness, disagreement with weather conditions, lack of transport or any other circumstances not recognized as valid within the current cancellation and refund policy;
• Direct or indirect losses incurred by the client as a result of tour cancellation or reduction, including losses related to cancellation of third-party bookings, loss of transport ticket value, accommodation, excursions or other additionally purchased services.

The Company does not provide storage of valuables on board and does not guarantee safety of passengers' personal property left unattended.

Insurance recommendations and mandatory conditions

The yacht used for charter is insured in accordance with Spanish legislation and Saint Kitts and Nevis flag requirements in the following areas:

• Mandatory civil liability insurance (RC Obligatoria) in accordance with Real Decreto 607/1999 - covers liability to third parties for damage caused during vessel operation (including material damage and bodily injury).
• Mandatory passenger insurance (SOVI) in accordance with Real Decreto 1575/1989 - covers legally established compensation in case of death or bodily injury to passengers during time on board within a commercial voyage.
• P&I (Protection & Indemnity) policy - covers shipowner and operator liability (including passenger, crew, environmental pollution, wreck removal, salvage operations and other risks), within conditions established by the policy.

Our policies do not provide:

• coverage of client medical expenses (except compensations directly established by SOVI);
• payment for repatriation or treatment abroad;
• baggage insurance, personal property and its loss/damage;
• compensation for trip cancellation or interruption for client personal reasons;
• accident insurance beyond the scope of mandatory compensations established by legislation.

In the interests of their own safety, the Client is strongly recommended to arrange personal travel or sports insurance, which may include:

• accident and injury insurance (including first aid on board and emergency assistance on shore);
• coverage of medical intervention and repatriation expenses;
• baggage and personal property insurance;
• tour cost compensation in case of cancellation for valid reason.

The Client understands that in the absence of personal travel insurance, all expenses related to the above risks are borne independently, except for cases where otherwise directly provided by applicable Spanish legislation, vessel flag or conditions of insurance policies concluded by the Company.

7. Technical failures and cyber risks

Sea Wave Yachting S.L. Company makes all reasonable efforts to ensure stable, secure and accessible operation of the Website and all its related digital components. For this purpose, standard technical measures are applied: data encryption, regular server software updates, DDoS attack protection, antivirus checking and vulnerability monitoring.

However, despite the measures taken, the user understands that any digital services and web platforms operating on the internet are inherently subject to risks related to cyber threats, errors, vulnerabilities and factors beyond the Company's control.

In this regard, the Company is not liable for the following circumstances:

• loss, damage or distortion of user data arising from Website use, including cases of browser failures, cache resets, internet connection interruptions or software incompatibility;
• user equipment malfunctions, including overheating, freezing, system crashes, interruptions in mobile or stationary device functioning caused by viewing or downloading content from the Website;
• device infection with viruses, trojans, spyware or other malicious software if such infection occurred as a result of following external links, downloading files, using vulnerable browser or antivirus versions;
• personal data leakage occurring due to user device hacking, use of public Wi-Fi networks, absence of antivirus protection on user side, as well as actions of third parties not affiliated with the Company;
• interception or falsification of information transmitted through unprotected channels (for example, if the user independently disabled SSL encryption, uses an outdated browser or has malicious software on their device);
• violation of message confidentiality sent through messengers (WhatsApp, Telegram, etc.) due to lack of direct Company control over these platforms;
• inability to access the Website due to technical work, server overload, hosting provider malfunctions or user internet provider actions.

The user is obliged to take necessary precautions when using the Website, in particular:

• ensure timely updates of their operating systems and browsers;
• use current antivirus programs and firewalls;
• not download files from suspicious sources or external sites whose links may be posted on the Website for informational purposes;
• refrain from entering personal data on pages not protected by HTTPS certificate.

The Company reserves the right to temporarily suspend Website operation (fully or partially) for technical work, vulnerability elimination, updates or modernization, without obligation of prior user notification.

Website use is carried out on "as is" and "as available" basis, and the Company does not guarantee its absolute error-free operation or complete protection from all possible technical risks.

8. Risk acceptance warning

By using this Website, making service bookings, filling online forms with contact data, participating in correspondence with Company representatives, following external links or receiving information through messengers and other integrated communication channels, the user confirms that they:

• have familiarized themselves with this Disclaimer and Website Terms of Use;
• understand and accept technical, legal, informational and other limitations inherent in online resource operation, including but not limited to cyber threat risks, website functioning failures, information incompleteness or inaccuracy, as well as risks associated with participation in marine tours and related activities;
• agree that all information presented on the Website cannot be considered as personalized recommendation, consultation or offer until a separate contract is concluded in established form;
• voluntarily assume responsibility for consequences of decisions made based on materials published on the Website, regardless of form or channel of information receipt (including email, messengers, social networks, booking form integrations, etc.);
• understand that sending contact data through Website forms does not guarantee automatic service provision and requires confirmation from both parties.

Sea Wave Yachting S.L. Company reserves the right to reject an application or request without explanation if necessary for compliance with internal security procedures, technical limitations or legal requirements.

If the user is not ready to assume risks related to technical, organizational or legal limitations described in this document, or does not agree with any provisions of the Disclaimer, they are obliged to stop using the Website and refrain from transmitting any personal data or booking services through channels indicated on the Website.

The fact of continued Website use, including page viewing, form use, correspondence, link following and receiving information from the Company, is considered expression of complete and unconditional user agreement with provisions of this document and confirmation of their legal capacity.

9. Contact for Disclaimer questions

For all questions related to the content of this Disclaimer, as well as legal aspects of Website use, interaction with the Company, implementation of user rights, personal data processing, intellectual property, possible violations or requests for additional legal information, you can contact Sea Wave Yachting S.L. Company through the following channels:

• email: swyachting@gmail.com
• postal address: Av. Francesc Cambó 21, 3º 2ª, Barcelona, 08003, Spain
• legal address: Sant Tomas 2, Esc B, 6-2, Lloret de Mar, Girona, 17310, Spain

For correct request processing, please:

• indicate the nature of inquiry in the email subject (for example: "Legal question", "Disclaimer inquiry", "Intellectual rights");
• describe the essence of the request clearly and structured;
• if there is a complaint - attach supporting documents or materials (if applicable);
• provide full name, contact details and preferred feedback method.

The Company reserves the right not to consider anonymous or unfounded inquiries, as well as requests whose content contradicts the law, has spam character or does not relate to the Company's sphere of responsibility.

Response to a substantiated legal request is provided within a reasonable time, but not later than 30 calendar days from the moment of its receipt, in the order provided by applicable legislation of the Kingdom of Spain and Regulation (EU) 2016/679 (GDPR), if the inquiry concerns personal data.

Sea Wave Yachting S.L. undertakes to maintain correspondence confidentiality and not use provided data outside the purposes specified in the request, except for cases directly provided by law.