PUBLIC OFFER AGREEMENT FOR YACHT EXCURSIONS AND CHARTER SERVICES

General Provisions

1.1. This document is a public offer in accordance with Spanish legislation and regulates the terms of charter services provision by Sea Wave Yachting S.L. (hereinafter - Sea Wave Yachting).

1.2. Payment for the service on the website means full and unconditional acceptance of all terms of this offer.

1.3. From the moment of payment, this agreement is considered concluded and has legal force.

1.4. The offer applies to all types of tours: mixed, individual, day, multi-day, as well as custom tours. Specific conditions may be specified on the pages of the corresponding tours and are considered an integral part of this agreement.

1.5. The Company complies with personal data protection standards in accordance with GDPR.

1.6. The date of conclusion of this Agreement is the date when the Client made full payment for the tour or made a partial prepayment (deposit of 50% or more). By making payment, the Client confirms full and unconditional agreement with the terms of this public offer.

1.7. By accepting the terms of this Public Offer, the Client expresses consent to the processing and storage of personal data in accordance with Regulation (EU) 2016/679 (GDPR) and Ley Orgánica 3/2018 on the protection of personal data and digital rights of Spain. Data processing is carried out for the purpose of fulfilling this agreement, as well as in accordance with the Privacy Policy posted on the Company's official website.

Terms and Definitions

2.1. Sea Wave Yachting - Sea Wave Yachting S.L. company providing marine excursions and charter services.

2.2. Client - individual or legal entity that has made a booking and payment for charter.

2.3. Charter - yacht rental with skipper for a pre-agreed period of time.

2.4. Skipper - authorized person managing the vessel and ensuring passenger safety.

2.5. Force Majeure - circumstances beyond the control of the parties that make it impossible to fulfill obligations.

Payment and Booking Terms

3.1. For individual, day and multi-day tours, the Client pays the full amount of 100% or a deposit of 50%, by agreement with the Sea Wave Yachting company manager, the size of which must be at least 50% of the full tour cost. The remainder is paid no later than 24 hours before the tour begins.

3.2. For mixed tours, 100% prepayment applies.

3.3. Payment can be made by one of the following methods:

• Online through the Company's website using bank cards or electronic payment systems (e.g., Stripe, PayPal, etc.). In this case, an additional payment gateway commission is possible, which is displayed when confirming payment.
• Cash at the Company's office by prior arrangement.
• Cash or bank card payment through terminal directly at the charter starting location (at the marina), by transferring the amount to the Company's authorized representative - the vessel's skipper. In this case, the Client must receive payment confirmation (receipt or electronic message from the Company). On-site payment is made only by agreement with the company manager and is carried out in exceptional cases. This payment method is acceptable for regular clients of Sea Wave Yachting.
• Bank transfer to the Company's account. Payment is considered complete after the full amount is received in the settlement account.

3.4. The Company reserves the right to refuse service or change booking confirmation in case of lack of timely payment, regardless of the chosen method.

3.5. If the deposit is overdue, the booking may be cancelled.

3.6. Booking confirmation is sent to the client's specified email address.

Service Provision Terms

4.1. The Company provides the Client with marine charter services, which include:

• Provision of an equipped yacht that meets safety standards;
• Services of a professional skipper who is a Company representative;
• Organization of marine excursion according to a pre-agreed route (with possible changes due to weather conditions);
• Opportunity for recreation, swimming, informal leisure within established norms and under skipper supervision.

During the marine excursion, passengers are provided with the opportunity for:

• free stay on the open deck;
• sunbathing in safe conditions;
• swimming in the open sea exclusively with captain's permission and only in specially designated safe places, within visual control from the yacht;
• use of recreational equipment (e.g., SUP boards, inflatable toys, etc.) when available and when following usage rules;
• informal leisure on board (music, light snacks, photography, etc.), if it does not violate public order norms and does not create inconvenience for other guests or crew.

All guest activities related to moving on deck, swimming, using equipment or jumping overboard are carried out exclusively with skipper permission and under his control. In case of unsafe behavior or non-compliance with instructions, the skipper has the right to stop this activity or prematurely end the excursion without payment refund.

The skipper has the right to restrict any passenger activities, including swimming, equipment use, loud music or alcohol consumption, if they create a safety threat, disturb other guests' comfort or contradict maritime law norms.

Marina arrival time and sea departure

Our yacht is based at Real Club Nàutic de Barcelona marina. Departure from the marina is carried out strictly at established hours regulated by the port's internal rules.

Clients must arrive on board the yacht no later than 20 minutes before the scheduled sea departure time. The specified time is necessary for mandatory preparatory procedures, ensuring timely vessel departure and preventing delays that could affect the tour.

Tour start time is determined by the moment the yacht leaves the marina, not the client's arrival time.

In case of delay and client arrival at the marina at Reial Club Nàutic de Barcelona, Moll d'Espanya, s/n, Ciutat Vella, 08039 Barcelona later than 20 minutes before the planned sea departure time, the client loses the right to participate in the tour. The service in this case is considered provided, and the paid amount is not subject to refund or credit towards future services.

Such measures are necessary because delay of one participant can lead to disruption of the vessel's departure at the established time and violation of the tour program for other clients.

Skipper Powers

5.1. The skipper (captain) is the senior on board and bears personal responsibility for the safety of the vessel, passengers and crew. All decisions made by him during the marine excursion are mandatory to follow.

5.2. The skipper has the right to:

• change the route or tour duration due to weather conditions, technical malfunctions, vessel overload, deterioration of guests' health, unsafe passenger behavior or any other factors that could affect sailing safety;
• cancel or prematurely terminate the tour without money refund if passengers behave aggressively, are in a state of severe alcohol or drug intoxication, violate crew instructions, create a threat to other passengers or property on board;
• restrict guest access to certain parts of the vessel if necessary for safety compliance or current navigation task;
• prohibit swimming or equipment use (SUP boards, music equipment, drones, etc.) if it creates a threat or is accompanied by inappropriate handling;
• take emergency measures, including calling coast guard, police or medical services if the situation on board requires urgent third-party intervention;
• remove from sailing an individual passenger or the entire group in case of data falsification (e.g., exceeding passenger limit, concealing health condition, bringing prohibited substances on board, etc.).
• the skipper has the right to go to sea without waiting for clients who are more than 5 minutes late relative to the established arrival time on board, even if formally there is more time before going to sea.

5.3. The skipper has the right to suspend or postpone sea departure under the following circumstances:

• forecast of strong wind more than 5 points on the Beaufort scale;
• threat of rain, thunderstorm, fog, sharp deterioration of visibility;
• detection of malfunction in navigation, rescue or motor equipment;
• Client's refusal to comply with established safety rules or instructions for loading and boarding the vessel.

5.4. In case of conflict on board or unforeseen situation, the skipper must act in the interests of general safety. His decisions are equivalent to legally binding while on board.

Liability of the Parties

6.1. Sea Wave Yachting undertakes to:

• provide a technically sound yacht that meets safety and sanitary standards;
• appoint a qualified captain with necessary licenses and experience;
• create conditions for recreation and proper tour execution.

6.2. The Client undertakes to:

• follow rules for being on board;
• follow skipper instructions;
• use life jackets when required;
• not interfere with vessel operation and not use prohibited items;
• compensate for damage caused to the yacht or equipment;
• clients undertake to arrive at the marina and on board the yacht no later than 20 minutes before the scheduled sea departure time. The specified time is necessary for mandatory preparatory procedures, ensuring timely vessel departure and preventing delays that could affect the tour.

6.3. In case of violations, the captain has the right to:

• restrict access to vessel areas;
• stop passenger participation;
• disembark the violator without payment refund.

6.4. The Company is not liable for:

• cancellation of Client's third-party events;
• moral harm from route changes;
• loss of personal belongings and passenger health when not following instructions;
• the company is not liable for the client's inability to participate in the tour if the reason was his delay, including caused by:

• public transport delays (buses, trains, metro, taxi and other carriers),
• traffic jams and road congestion,
• difficult weather conditions,
• parking difficulties or finding parking space,
• any other circumstances beyond the Company's control.

Client delay for any of the specified or other reasons is not grounds for changing the yacht's sea departure time, extending the tour or refunding the paid amount.

6.5. In case of intoxication or aggressive behavior, the Company has the right to interrupt the tour without compensation.

6.6. Repeated violations of booking rules may result in cancellation of future applications.

Technical Malfunctions

7.1. In case of malfunction due to Company fault, the Client may:

• reschedule tour participation to another date;
• or receive a partial refund proportional to unused time.

7.2. In case of malfunction due to Client fault, he bears material responsibility.

7.3. Minor breakdowns that do not affect safety are not compensated.

7.4. If departure is delayed due to emergency repairs, the route may be changed.

7.5. The Company is not responsible for external factors: debris in propeller, power outage at marina, restrictive measures by authorities.

7.6. If disembarkation is necessary, the Company organizes transfer but does not compensate Client expenses.

7.7. Attempt to conceal damage is treated as contract violation.

Cancellation and Refund Policy

8.1. Refund is possible within 14 days before tour start if service is not provided.

8.2. Full refund for cancellation due to Company fault, weather conditions or force majeure.

8.3. Refund is not possible when:

• cancellation less than 24 hours;
• no-show or delay more than 5 minutes from the designated sea departure time;
• rule violation.

8.4. Refund is made within 48 hours minus commissions.

8.5. For voluntary cancellation:

• 72+ hours - full refund;
• 24-72 h. - 70% refund;
• less than 24 h. - no refund.

Insurance

9.1. The yacht used for charter is insured under mandatory liability policies corresponding to the requirements of Spanish legislation and the flag of Saint Kitts and Nevis, including:

• Mandatory civil liability insurance (RC Obligatoria) in accordance with Real Decreto 607/1999, covering liability to third parties for damage to their life, health and property arising from yacht operation.
• Mandatory passenger insurance (SOVI) in accordance with Real Decreto 1575/1989, providing compensation in case of passenger death or disability resulting from an accident on board, within limits established by Spanish legislation.
• P&I (Protection & Indemnity) policy, including owner and vessel operator liability to passengers, crew members, for pollution, wreck removal, as well as other risks provided by international practice.

Hull coverage (damage to vessel hull, its equipment and inventory) is not provided under the specified policies.

9.2. Mandatory passenger insurance (SOVI) is limited to compensation in case of death or disability and does not cover other personal risks, including medical expenses, loss or damage to baggage, trip cancellation or interruption, accident insurance beyond the coverage established by law.

9.3. The Company strongly recommends that each charter participant independently arrange individual tourist or sports insurance valid for the entire period of stay on board, including risks not covered by mandatory policies.

9.4. The Company is not liable for losses arising from the passenger's lack of individual insurance policy, as well as for damage exceeding the limits and conditions established by current insurance contracts.

Risk Acceptance and Liability Waiver

10.1. The Client and all accompanying persons understand and accept that marine excursions, being on board a yacht and all related activities (including swimming, using tender, water toys and equipment) are associated with potential risks: injuries, falls, seasickness, collisions, limited access to medical assistance, etc.

10.2. The Client confirms understanding that there is no full medical service on board the vessel and that in case of emergency, medical assistance may be delayed until arrival ashore or calling rescue services.

10.3. By accepting the terms of this offer, the Client on his own behalf and on behalf of all tour participants voluntarily accepts all specified risks; waives any claims against Sea Wave Yachting S.L., its owners, employees and representatives in case of bodily injury, property loss or moral damage arising during charter; undertakes not to file lawsuits and not to initiate legal actions against the Company and its employees in case of risky situations described above.

Dispute Resolution

11.1. All disputes are first resolved through pre-trial procedures.

11.2. In the absence of results - through court at the location of Sea Wave Yachting Company (Barcelona, Spain).

11.3. Spanish legislation applies.

11.4. If both parties agree, disputes arising from or in connection with this agreement may be referred to arbitration operating in accordance with the Regulations of the Arbitration Court of the Barcelona Chamber of Commerce, with hearings conducted in Spanish. The place of arbitration is Barcelona, Spain.

Changes to Offer Terms

12.1. Sea Wave Yachting S.L. reserves the right to unilaterally make changes to the terms of this Offer. All changes take effect from the moment of their publication on the Company's official website, unless otherwise specified in the new version of the Offer.

12.2. Changes take effect 5 (five) calendar days from the moment of publication of the new version of the Offer, unless otherwise established by the document itself.

12.3. In case of disagreement with the new version of the Offer, the Client has the right to refuse contract execution before the service date. In this case, Sea Wave Yachting undertakes to return previously paid funds minus incurred expenses and mandatory commissions.

12.4. If after the changes take effect the Client continues to use Sea Wave Yachting services (including access to bookings, repeat orders or tour participation), this is considered acceptance of the new version of the Offer in full.

Force Majeure

13.1. The parties are released from liability for full or partial non-performance of obligations under this agreement if such non-performance resulted from force majeure circumstances that arose after the agreement conclusion and are beyond the parties' control.

13.2. Force majeure circumstances include, in particular, but are not limited to:

• extreme weather conditions (storm, wind over 5 points on Beaufort scale, strong waves, fog, hurricane, drought);
• natural disasters (earthquakes, floods, tsunamis, landslides, volcanic eruptions);
• epidemics and pandemics declared by WHO or authorities (e.g., COVID-19);
• acts of terrorism, sabotage, blockade, vessel seizure, piracy;
• strikes, mass riots, mutinies, wars or military actions;
• actions of state, port, sanitary and immigration authorities, including sea departure bans, movement restrictions, port and border closures;
• accidents, breakdowns, fires, power or communication outages, equipment failure;
• forced evacuation or vessel detention by order of competent authorities;
• sharp changes in legislation affecting the possibility of contract execution (e.g., new bans or activity licensing);
• any other event beyond reasonable control of the Party making proper obligation fulfillment impossible.

13.3. When force majeure circumstances occur, the Party must notify the other Party within reasonable time and provide supporting documents (if available).

13.4. Obligation performance is suspended for the duration of such circumstances. If they continue for more than 30 calendar days, either party may terminate the agreement without penalties by notifying the other party in writing.

13.5. Money refund in case of tour cancellation due to force majeure is carried out in the order established in section 8 of this agreement.

13.6. Client delay for boarding, regardless of reasons, including public or private transport delays, traffic jams, weather conditions on the route to the marina and other personal circumstances, is not recognized as force majeure and does not release the client from obligation fulfillment and consequences established by the agreement.

Additional Provisions

14.1. Agreement language - Russian. In case of discrepancies, Spanish version has priority.

14.2. Specific tour conditions (duration, route, options) are indicated on the booking page and are an integral part of the agreement.

14.3. The Client confirms familiarization with offer terms before payment.

14.4. Service payment through the website confirms agreement with this offer.

Contact Information

Sea Wave Yachting S.L.

CIF: B75853226

Address: Av. Francesc Cambó 21, 3º 2ª, Barcelona, 08003

Legal address: Sant Tomas 2, Esc B, 6-2, Lloret de Mar, Girona, 17310

Email: swyachting@gmail.com

Phone: +34 637 444 756

Working hours: daily from 09:00 to 20:00 (CET)