General Terms and Conditions of Sale of ESINAR INSTALACIONES S.L.

Last update: 16/01/2026

These Terms and Conditions regulate (i) the use of the ESIMAR website and (ii) the contracting of nautical services offered through it, including requests by form, email, telephone or WhatsApp.

Owner/Service provider: ESINAR INSTALACIONES S.L., trading as ESIMAR
Tax ID number: B3069672
Registered office: Calle Alaucin 1, 29680 ESTEPONA 
Contact email: esimar@gmail.com
Telephone/WhatsApp: +34 607 060 055
Activity: services for boats (charter, management and maintenance, concierge/provisioning and one-off services).
(Hereinafter, ‘ESIMAR’ or ‘the Provider’.)

By accessing the website or requesting/contracting services, the user accepts these Terms.
These Terms apply to both consumers and professionals/companies, with the legal particularities that correspond in each case.

• Client: person requesting information, a quote or contracting services.

• Vessel: yacht/boat and its equipment, accessories and belongings on board.

• Services: those described on the website, quotes, proposals or contracts (see section 4).

• Quote/Proposal: document (email, PDF, WhatsApp or other medium) with price, scope, deadlines, conditions and extras.

ESIMAR provides and/or coordinates, as appropriate:

Charter (rental) of boats and water toys (subject to availability).

Management and maintenance plans (e.g. monthly plans with recurring and extra tasks).

Concierge & provisioning (supplies, reservations, door-to-dock logistics, etc.).

One-off services (transfers, polishing, underwater inspections, specialised cleaning, repair coordination, crew, etc.).

Important: the information on the website is for guidance only and does not in itself constitute a binding contractual offer. The contract is subject to express confirmation (section 6).

The user agrees to:

Use the site in a lawful and respectful manner.

Not enter false information, impersonate others, or harm third parties.

Not attempt to access restricted areas or violate security measures.

ESIMAR may modify, suspend, or remove content/services from the site when necessary, without this giving rise to any right to compensation.

• Request: The Customer contacts us via form, email, telephone or WhatsApp, indicating the desired service and minimum details (area/port, dates, type of boat, requirements).

• Quotation/Proposal: ESIMAR will issue a quotation with scope, price, taxes, terms, conditions and possible requirements (documentation, deposits, access windows, etc.).

• Acceptance: the contract is finalised when:

• the Customer accepts the quote/proposal in writing (email/WhatsApp/signatures), and

• makes, if applicable, the agreed payment or deposit/down payment, or signs the specific contract.

• Documentation: ESIMAR may request documentation (e.g. identification, billing information, permits, insurance, passenger list, etc.). Failure to provide this documentation may prevent the service from being provided.

• Prices are quoted in euros.

• Unless otherwise stated, amounts may be shown excluding VAT (e.g., ‘VAT not included’).

• There may be additional costs not included, such as (but not limited to): mooring, beaching/launching, harbour fees, fuel, consumables, cleaning products, parts, spare parts, third-party services, special travel, cranes, permits or official inspections.

• Any extras must be approved by the Customer (ideally in writing) before being carried out, except in reasonable emergencies to prevent further damage (section 10).

• Payment methods will be indicated in the quote/contract (bank transfer, payment link, cash where legally possible, etc.).

• Deposits/down payments: ESIMAR may require a down payment to reserve dates, initiate purchases or block dates (especially for charters and provisioning). Their treatment (refundable/non-refundable, included in the price) will be indicated in the quote/contract or in the refund policy.

• Non-payment: late payment may result in suspension of service, loss of reservations, and/or claims for reasonable amounts and costs incurred.

• Plans (e.g. Basic/Medium/Premium or others) include recurring tasks as described and the final quote.

• Consumables/Products: if the plan states ‘products not included’, the Customer must provide them or agree to their purchase and invoicing.

• Access to the vessel: the Customer shall guarantee access (keys, marina authorisation, contact person) during the agreed operating hours.

• Services outside the plan: additional cleaning, emergencies outside the agreed scope, or unforeseen work will be quoted separately.

• ESIMAR may act as a manager/intermediary and/or as a provider, as agreed.

• In provisioning, the Customer must approve: (i) list, (ii) estimated budget or spending rules, (iii) permitted substitutions, and (iv) delivery window/ETA.

• Perishable products or purchases made at the Customer's request may have special cancellation/no return conditions (see section 12).

• Some services may be provided by ESIMAR directly or through third-party providers (mechanics, upholstery, painting, electronics, diving, etc.).

• If third parties are involved:

• ESIMAR coordinates, but the result may depend on technical conditions, availability, and deadlines of the third party.

• The third party's guarantees/conditions will apply to their part, without prejudice to ESIMAR's legal responsibility for its coordination work, if any.

The specific rules (deadlines, penalties, refunds) will be those indicated in:

the accepted quote/contract, and/or

ESIMAR's Refund Policy (if it exists and is applicable to the contracted service).

General guidelines (unless otherwise agreed and without prejudice to inalienable rights):

Charter with a specific date: may not allow ‘free’ cancellation once booked, and changes/cancellations usually involve costs (date reservation, crew, availability, etc.).

Services already started (or fully executed): withdrawal may not apply or may be limited in accordance with current regulations.

Provisioning: purchases already made, perishable or personalised/customised products may not be refundable.

• External conditions may affect services at sea or in port: weather, sea conditions, port restrictions, safety, operational closures, breakdowns, etc.

• ESIMAR may reschedule or suspend a service when reasonable for safety, regulatory compliance or force majeure reasons. In such cases, an alternative (new date/solution) will be sought. Unavoidable costs already incurred may be passed on if indicated in the quotation/contract.

The Customer agrees to:

Provide accurate and complete information (e.g. boat characteristics, condition, location, permits).

Ensure that the boat meets minimum safety and access conditions to perform the service.

Comply with port/marina regulations and safety instructions from staff.

Be liable for damage caused by their conduct, that of passengers/guests, or by incorrect instructions.

• ESIMAR shall be liable for the provision of the service in accordance with the required diligence and as agreed in the quotation/contract.

• Except where required by law, ESIMAR shall not be liable for:

• delays/impediments due to causes beyond its control (weather, port restrictions, third parties, lack of access, etc.),

• damages resulting from incomplete/false information provided by the Customer, or

• indirect losses (loss of profit, loss of opportunity), when legally limitable.

• Nothing herein limits liabilities that cannot be excluded by law (e.g. wilful misconduct or gross negligence, or mandatory liabilities towards consumers, where applicable).

• The contents of the site (text, images, brand, design) belong to ESIMAR or its licensors and may not be used without authorisation, except for legitimate personal and non-commercial use.

• The processing of personal data is governed by ESIMAR's Privacy Policy.
  The Customer agrees that ESIMAR may communicate by email/WhatsApp/telephone to manage requests and services. Commercial communications (if any) will only be sent in accordance with the user's privacy policy and preferences.

• ESIMAR may update these Terms. The current version will be the one published on the website. For services already contracted, the terms agreed upon in the corresponding quote/contract will prevail, unless otherwise required by law.

• These Terms are governed by Spanish law.

• If the Customer is a consumer, the courts and tribunals established by the applicable consumer regulations shall have jurisdiction.

• If the Customer is a company/professional, except in the case of mandatory regulations, the parties submit to the courts and tribunals of [CITY/PROVINCE TO BE CHOSEN], waiving any other jurisdiction that may apply.

• For questions, incidents, or complaints: esimar@gmail.com / +34 607 060 055.
  ESIMAR will respond and attempt to resolve the incident within a reasonable time frame, and may request additional information for processing.