Sau Mares General Terms and Conditions of Use
Version March 2026
1. Definitions
Listing — Rental offer published by an Owner on the Website.
CGU — These general conditions of use.
Sau Mares — The company FORTY-TWO BOATS 2024 SL, a single-member limited liability company (sociedad limitada unipersonal) with a share capital of 3,000 euros, registered at Avenida de Calonge (Cala d'Or), 28, Santanyí 07650, Illes Balears, CIF B09900085.
Sau Mares Commission — Percentage applied exclusively to the Boat Rental Price, excluding the Skipper Price and the Fuel Price. Amount may vary depending on contractual agreements between Sau Mares and the Owner.
Management Fees — Costs related to platform operation enabling service provision such as customer support during the trip. VAT included. Paid at booking under all payment options.
Content — All text, graphics, images, videos, information or other elements that Users publish, upload or transmit in their Listing or User account.
Boat — Any watercraft offered for Rental on the Website (sailboats, motorboats, catamarans, llaüts, schooners, etc.).
Renter — Any natural or legal person who books a Boat for Rental.
Rental — The hire of a Boat by a Renter from an Owner, at the dock or at sea.
Handover — The delivery of the Boat on the day of the Rental. Cleaning time, refuelling and inventory check form part of the Rental period stipulated in the contract.
Trip — Each of the nautical experiences offered on the platform, available in the following formats: Sunset (2.5 h), Half Day (4 h) and Full Day (8 h).
Renter Price — Total price paid by the Renter for the experience, VAT included. It comprises the Rental Price, the Skipper Price, the Fuel Price and the Management Fees.
Owner Price — Price freely chosen by the Owner, equivalent to the Renter Price with the Sau Mares Commission and VAT included.
Rental Price — Price of the Boat hire excluding the Skipper Price and the Fuel Price. This is the base on which the Sau Mares Commission is calculated.
Skipper Price — Cost of the skipper service for the selected time slot, always included in the Renter Price. Not subject to the Sau Mares Commission.
Fuel Price — Estimated average cost for the predefined route of the selected time slot. Not subject to the Sau Mares Commission. If the Renter wishes to modify the route, the difference shall be paid at the end of the Trip.
Owner — Any natural or legal person who can prove ownership of a Boat. By extension, this includes a duly authorised representative.
Professional Skipper — A natural person holding a professional qualification authorising the command of Boats and the carriage of passengers in a commercial context.
Affiliate — A hotel, tourist apartment, travel agency, influencer or content creator who, having accepted the Sau Mares Affiliate Programme Conditions, collaborates with Sau Mares in the acquisition and referral of Renters.
Service — The set of services that connects Owners and Renters to facilitate the Rental of Boats and the management of bookings and payments between Users.
Website — www.saumares.com
User — Any user of the Website and the Service, whether Owner, Renter or Affiliate.
Weather cancellation — Cancellation of a booking due to a special weather forecast that prevents going out to sea.
2. Acceptance of the CGU
The use of the Service and the Website is subject to these CGU, which constitute a contract governing the relationship between the User and Sau Mares, cancelling and replacing all previous provisions.
The User is deemed to give full and unconditional acceptance from the moment they tick the "I accept the terms and conditions" box when creating their account or subscribing to an offer. If this box is not ticked, the creation of the account and the use of the Service are neither possible nor valid.
Sau Mares reserves the right to modify these CGU at any time. Modifications shall take effect from their publication on the Website. By continuing to use the Service, the User tacitly accepts the updated version.
3. Purpose of the Service
The Service connects Owners with Renters to facilitate the Rental of Boats and the management of payments between Users.
Each User understands and accepts that Sau Mares is at all times a third party to the contract signed between Owner, Skipper and Renter. Sau Mares shall not fulfil the obligations of a User on their behalf nor be held liable for the breach of contractual obligations by any User.
Each User undertakes to comply with the terms and conditions set out in the said contract issued by the Owner.
4. Access to the Service
Users undertake to provide accurate information. In accordance with applicable legislation, Sau Mares may request official documentation to verify the identity of Users.
4.1 Legal capacity
The Service is reserved for natural persons of legal age or emancipated minors with full legal capacity, and for legal persons who can comply without reservation with these CGU.
4.2 Access
To use their account, the User must have a valid email address and mobile phone number throughout the entire period of use of the Service.
5. Use of the Service
5.1 Creation of a User account
To use the Service, the User must first create an account following the process indicated on the Website. The User is solely responsible for the confidentiality of their access credentials.
In the event of loss or misuse by third parties, the User undertakes to inform Sau Mares at booking@saumares.com.
The User undertakes to update their contact details in the event of any change to their email address or phone number.
5.2 Publication of a Listing
Any Owner may publish one or more Listings free of charge. They undertake to ensure that the content is truthful, up to date and consistent with the actual quality of the service offered.
By accepting these CGU, the Owner declares that their Listing may also be published on the websites or applications of companies belonging to the Sau Mares Group.
Each Owner is responsible for the Content of the Listings published and for the accuracy and truthfulness of the information provided. Owners must refrain from all misleading commercial practices, in accordance with the consolidated text of the General Consumer and User Protection Act (TRLGDCU) and the Unfair Competition Act.
The Listing must include at least one photograph of the Boat and specify: title and description, boat specifications, equipment, additional services, location, access and parking instructions, availability dates, public price and Trip schedules.
The Owner Price may not exceed the public price displayed on any other platform or sales channel. The Owner Price shall always include the Skipper Price and the Fuel Price, so that the initial price is always the final price for the Renter.
5.3 Insurance
The Owner undertakes to offer only Boats covered by an appropriate all-risk civil liability insurance for Rental activities, regardless of the nationality of the User or the intended sailing area. The Owner undertakes to inform their insurer of their Rental activity.
5.4 Booking of the Boat
The amount paid online by the Renter to Sau Mares at the time of booking varies depending on the payment option chosen by the Owner (see art. 8). This amount is held in a blocked account until settlement in accordance with the established conditions. After receiving payment, Sau Mares shall provide each User with the other's contact details, exclusively for the purposes of the Rental.
5.5 User reviews
Each Renter may rate the Boat and the experience through comments and/or scores once the Rental has taken place. Reviews shall be published on the corresponding User's public profile and shall contribute to the ranking of Listings. Users may not delete comments written by other Users, although they have the right to reply to them. Sau Mares reserves the right to remove comments that violate current regulations.
6. Obligations of the Parties
6.1 User obligations
The User undertakes to: use the Website and the Service in accordance with the CGU and applicable legislation; provide truthful and lawful information; act in good faith; maintain a single personal and non-transferable account; and regularly update their information.
6.1.1 Specific obligations of the Owner
- Prove ownership of the Boat at all times.
- Have the Boat legally declared and/or registered with the competent authorities.
- Offer only Boats in good condition, with up-to-date technical inspections, appropriate safety equipment and sufficient fuel for the Trip.
- Make available to the Renter and to the authorities, where applicable, the Special Verification Register.
- Maintain a valid all-risk civil liability insurance policy for Rental activities and present the certificate upon request by Sau Mares or the Renter.
- Verify the identity of the Renter and the ownership of the payment card at the time of Handover.
- Verify that the name on the Rental contract matches the identity document and payment card presented on the day of the Trip.
- Inform the Renter of any limitation of liability of their insurer.
- Provide Sau Mares with the Rental contract signed by both parties and any documentation necessary to respond to bank payment cancellation proceedings.
- Keep the availability calendar on the Website updated as promptly as possible.
- Not contact Users of the Service directly to enter into Rental contracts outside the platform.
- Issue an invoice to any Renter who so requests, stating the Owner Price.
- Comply with their social and tax obligations in accordance with their status.
6.1.2 Specific obligations of the Renter
- Be the holder of the bank card used for the booking.
- Report any dispute to Sau Mares within a maximum of 2 hours from the start of the Rental.
- Arrive at the agreed time and sign the contract and the Check-In.
- Not embark more persons than permitted by the Boat's safety certificate, including the Skipper.
- Use the Boat exclusively for recreational purposes, in accordance with applicable maritime and customs legislation, excluding any commercial operations, professional fishing, transport, towing or other activities.
- Not be medically unfit to sail on the Boat.
- Return the Boat in the same condition and within the stipulated timeframes.
- Recognise the supreme authority of the Skipper on board at all times.
6.2 Obligations of Sau Mares
Sau Mares undertakes to: ensure the operation of the Website; respond to User requests as promptly as possible; manage payments in accordance with article 8; and issue the corresponding invoices for the Sau Mares Commission and the Management Fees.
7. Cancellation of the Booking
All cancellations must be communicated in writing to Sau Mares through the User account. A cancellation is only effective upon receipt of an email notification from Sau Mares confirming such cancellation.
7.1 Force Majeure
In the event of force majeure (see art. 13), any User may request that the booking be postponed or cancelled, providing written justification within a maximum of 12 hours after the Trip date. The refund conditions according to the payment option are as follows:
Full payment (100%): Sau Mares shall refund the Renter the full amount paid, deducting the Management Fees.
50% payment: Sau Mares shall refund the Renter the 50% of the Rental Price paid online. The Management Fees shall not be refunded. The second 50% pending payment on the day of the Trip shall be rendered void.
Partial payment (commission): Sau Mares shall refund the Renter the Commission paid online. The Management Fees shall not be refunded.
The refund shall be made by bank transfer within fifteen (15) days.
7.2 Cancellation by the Owner
The Owner may not cancel an already accepted Rental, except for duly justified force majeure accepted by Sau Mares. In such cases, Sau Mares shall endeavour to offer an equivalent alternative. If none is found, the Renter shall receive a full refund of the amount paid to Sau Mares, and any payment pending directly to the Owner shall be rendered void. The refund shall be made within 15 days by bank transfer. After two abusive or unjustified cancellations, Sau Mares may delete the Owner's account.
If the cancellation is due to a breach by the Renter of their obligations (art. 6.1.2), it shall be deemed justified and the Owner shall receive the amount due under the applicable payment option, less the Sau Mares Commission.
7.3 Cancellation by the Renter
The Renter may cancel at any time before the Trip. The refund conditions vary depending on the payment option chosen by the Owner:
| Payment option | Cancellation more than 15 days in advance | Cancellation 15 days or less in advance |
|---|---|---|
| Full payment (100%) | Refund of 100% of the total amount paid online. The Owner receives no payment. | No refund. The Owner receives the Rental Price less the Sau Mares Commission. |
| 50% payment | Refund of 50% of the Rental Price paid online. Sau Mares retains the Management Fees. The second 50% and the Skipper and Fuel costs (pending payment on the day of the Trip) are rendered void. The Owner receives no payment. | No refund. Sau Mares retains the Management Fees and transfers to the Owner the 50% of the Rental Price less the Sau Mares Commission. The second 50% and the Skipper and Fuel costs are rendered void. |
| Partial payment (commission) | Refund of the Commission and the Management Fees paid online. The Owner receives no payment. | No refund of the Commission or the Management Fees. The Owner receives no payment. |
7.4 Boat not matching the Listing
If the Boat does not match the Listing, the Renter shall notify Sau Mares before the start of the Rental, providing all possible supporting evidence. If they decide to proceed with the Rental, no refund may be claimed. If they decide to cancel, Sau Mares shall fully refund the amount paid to Sau Mares within 15 days by bank transfer.
7.5 Breakdown during the Rental
7.5.1 Full payment (100%)
Sau Mares shall refund the Renter the full amount paid online, retaining only the Management Fees. The Owner shall receive no payment.
7.5.2 50% payment
Sau Mares shall refund the Renter the 50% of the Rental Price and the Management Fees paid online. The second 50% of the Rental Price and the Skipper and Fuel costs, pending payment on the day of the Trip, are rendered void. The Owner shall receive no payment.
7.5.3 Partial payment (commission)
Sau Mares shall refund the Renter the Commission and the Management Fees paid online. The remaining rental price, the Skipper and the Fuel, pending payment on the day of the Trip directly to the Owner, are rendered void. The Owner shall receive no payment from Sau Mares.
7.6 Cancellation by Sau Mares
In exceptional cases (termination of collaboration with an Owner, breach of obligations, etc.), Sau Mares may cancel a booking, offering where possible an equivalent alternative. If this is not possible, the Renter shall receive a full refund of the amount paid to Sau Mares, without being able to hold Sau Mares liable for additional damages.
8. Rental Payment Conditions
Payment is made by bank card through Stripe, integrated into the Website. Exceptionally, and with the express agreement of Sau Mares, payment may be made by bank transfer.
Sau Mares offers Owners three payment management options. Under all options, the Management Fees are paid to Sau Mares at the time of booking and are non-refundable except in the cases expressly provided for in these CGU.
8.1 Partial payment (Sau Mares Commission)
At the time of booking, the Renter pays Sau Mares the Sau Mares Commission plus the Management Fees. On the day of the Trip, the Renter pays the Owner directly the remaining Rental Price plus the Skipper Price and the Fuel Price. The Owner receives no payment from Sau Mares in the event of cancellation.
8.2 50% payment
At the time of booking, the Renter pays Sau Mares 50% of the Rental Price plus the Management Fees. On the day of the Trip, the Renter pays the Owner directly the remaining 50% of the Rental Price plus the Skipper Price and the Fuel Price. In the event of cancellation more than 15 days in advance, Sau Mares shall refund the Renter the 50% of the Rental Price paid, retaining the Management Fees, and the Owner shall receive no payment. In the event of cancellation 15 days or less in advance, no refund shall be made to the Renter; Sau Mares shall retain the Management Fees and transfer to the Owner the 50% of the Rental Price less the Sau Mares Commission.
8.3 Full payment (Complete payment management by Sau Mares)
At the time of booking, the Renter pays Sau Mares 100% of the Rental Price plus the Skipper Price, the Fuel Price and the Management Fees. Once the Trip has taken place and two (2) days have elapsed without claims, Sau Mares transfers to the Owner the amount corresponding to the Owner Price, deducting the Sau Mares Commission.
9. Sau Mares Commission
The Sau Mares Commission is applied exclusively to the Boat Rental Price defined by the Owner in their private area at www.saumares.com, excluding the Skipper Price and the Fuel Price. To prevent the Commission from being applied to these additional costs, the Owner may specify them separately on the platform, subject to the following limits:
9.1 Rules of application by boat type
Llaüts
- Skipper Price: maximum 300 EUR.
- For lengths over 12 m: the Fuel Price may also be specified, maximum 300 EUR.
Sailboats, Catamarans and Schooners
- Skipper Price: maximum 300 EUR, regardless of length.
- The Fuel Price cannot be separated; it forms part of the Rental Price and is subject to Commission.
Motor yachts and Motorboats
- Skipper Price: maximum 300 EUR.
- Fuel Price: maximum 400 EUR.
9.2 Modifications and transparency
Any price modification must be made directly in the Owner's private area. Sau Mares reserves the right to verify that the prices indicated comply with the established limits.
10. Affiliate Programme
Sau Mares has an Affiliate Programme aimed at hotels, tourist apartments, travel agencies and influencers or content creators who wish to collaborate in the acquisition of Renters.
The relationship between Sau Mares and each Affiliate is governed by the specific document "Sau Mares Affiliate Programme Conditions", available on the Website. Joining the programme requires an express application by the interested party and acceptance of said document.
These CGU shall apply on a supplementary basis in all matters not covered by the Affiliate Programme Conditions.
11. Availability of the Service and the Website
Sau Mares undertakes to endeavour to ensure the availability of the Service 24 hours a day, 7 days a week, except for interruptions necessary for maintenance or updates. Sau Mares does not guarantee permanent availability and shall not be held liable for failures, errors or interruptions resulting from connectivity issues or other circumstances beyond its control.
12. Liability
12.1 Limitation of liability
Sau Mares is not a party to the Rental contracts entered into between Users. Under no circumstances may it be held liable for incidents, delays or disputes between Users, nor for any insufficient funds in the Renter's account. The maximum liability of Sau Mares shall not exceed the total amount invoiced to the User for the Rental giving rise to the event, except in the case of wilful misconduct or gross negligence. Sau Mares shall in no event be liable for indirect damages.
12.2 Exclusions of liability
Sau Mares assumes no liability for: improper or unlawful use of the Service; unavailability of the Website; fraudulent intrusion by third parties; non-conformity of the Boat's condition with the Listing; or failure by the User to comply with administrative or health formalities.
12.3 Hyperlinks
The Website may include links to external sites over which Sau Mares has no control and for whose content it accepts no responsibility.
13. Force Majeure
The following shall be considered events of force majeure: special weather forecasts preventing trips to sea; legislative or regulatory changes; natural disasters, fires, storms, floods, wars, terrorist attacks, strikes, illness, computer system failures, blockages of electronic communication networks; and, in general, any unforeseeable event beyond the control of Sau Mares and the Users.
14. Confidentiality and Personal Data
Sau Mares processes Users' personal data in accordance with Regulation (EU) 2016/679 General Data Protection Regulation (GDPR) and Organic Law 3/2018 on the Protection of Personal Data and the guarantee of digital rights (LOPDGDD), for the purpose of providing the Service, managing payments, detecting fraudulent activity and complying with applicable legislation.
Sau Mares shall not disclose data to third parties except in the cases provided for by law or with the express authorisation of the User. The User has the right of access, rectification, erasure, objection, restriction and portability of their data, exercisable by submitting a request to booking@saumares.com.
Depending on the preferences indicated at registration, the User may receive commercial communications. To opt out, they may write at any time to booking@saumares.com.
14.1 Intellectual property of Sau Mares
"Sau Mares" and its logo are registered trademarks. Sau Mares holds all intellectual property rights associated with the Service, the Website, the software, the user interface, the graphic elements and the design. No licence is granted to the User over such elements.
14.2 Intellectual property of Users and third parties
The User undertakes to respect the copyright of other Users and of third parties. Each User grants Sau Mares, free of charge, a non-exclusive right to reproduce, represent, modify, translate and sublicense the Content published, for the duration of the copyright and worldwide. Sau Mares shall handle copyright infringement claims at booking@saumares.com.
15. Suspension / Termination
Sau Mares may suspend access or terminate the relationship with any User, by email notification, in the event of: improper or unlawful use of the Service; breach of the CGU; more than two unjustified cancellations; particularly negative reviews or repeated non-conformity between Boat and Listing; or cessation of operation of the Website.
The User may terminate their account at any time by writing to booking@saumares.com, undertaking to manage any current bookings before final deactivation.
16. Independence and severability of clauses
If one or more provisions of the CGU are declared null and void, the remaining provisions shall retain their full force and effect. The failure of one party to enforce a breach by the other shall not be construed as a waiver of the right to enforce it in the future.
17. Cookies
When accessing the Website, cookies may be installed on the User's device to facilitate navigation and record usage information. In accordance with applicable Spanish and European regulations, the User may manage their cookie preferences through the consent panel available on the Website or by configuring their browser. Disabling cookies may affect the proper functioning of certain features of the Service.
18. Publication and Web Hosting
Publisher: FORTY-TWO BOATS 2024 SL
Web hosting: Vercel Inc. — vercel.com
19. Applicable Law
These CGU are governed exclusively by Spanish law. Sau Mares shall not process claims that are not supported by a contract signed between Renter and Owner. Claims must be sent to booking@saumares.com within a maximum of 24 hours of taking possession of the Boat.
Sau Mares is not a party to the contract between Renter and Owner; its role is limited to assisting both parties in reaching an amicable agreement.