LEGAL NOTICE AND GENERAL TERMS OF USE

1. IDENTIFYING INFORMATION

In compliance with the duty of information established in Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE), the general details of this website are provided below:

• Owner: Mr. José David García Guerra

• NIF (Tax ID): 45937563P

• Address: [Insert your full postal address here]

• Contact Email: info@navegacostaballena.com

• Phone: +34 660504537

• Professional Qualification: Professional Skipper of Recreational Vessels (PPER) and Judicial Expert in Recreational Vessel Valuation (Expert No. P-36-0720, belonging to the ANTPM - National Association of Appraisers, Experts and Mediators).

• Domain: navegacostaballena.com

2. PURPOSE AND BUSINESS ACTIVITIES

This Website is the official channel of Navega Costa Ballena, whose professional activity is broken down into:

• Nautical Charter (Own or directly managed fleet): Rental of recreational vessels under the command of a Professional Skipper of Recreational Vessels (PPER) or by qualified recreational skippers, according to Royal Decree 238/2019.

• Management and Operation: Commercial management and operation of third-party vessels.

• Maintenance: Technical services, preventative maintenance, and supervision of vessel commissioning.

• Vessel Surveying and Judicial Expertise: Technical condition reports and judicial valuation opinions.

• Nautical Brokerage (Sales and Charter): Commercial intermediation (brokerage), agency services, and professional technical advice both in the transfer of recreational vessels and in the intermediation for the rental of third-party vessels and luxury yachts at a national and international level (Charter Broker).

3. INDEPENDENCE, DEONTOLOGY, AND PROFESSIONAL GUARANTEES

• Expert Objectivity and Independence: The owner exercises his activity as a Judicial Expert under the strictest deontological principles of objectivity, impartiality, and technical rigor. The condition reports or prior inventories carried out for the reception of vessels in commercial management constitute technical documents for internal control, not undermining in any case his independence of judgment in the event of subsequent judicial expert reports.

• Coverage and Professional Civil Liability: As a guarantee of solvency and protection against third parties, the owner holds valid Professional Civil Liability Insurance policies, which specifically and strictly cover his actions as a Professional Skipper (PPER), qualified professional, and Judicial Expert in Recreational Vessel Valuation.

• Protection and Restricted Use of Opinions: All technical reports, valuations, and expert opinions issued are strictly confidential and have a strict, predetermined purpose. Their reproduction, alteration, publication, or dissemination for purposes other than those expressly contracted without the prior, express, and written authorization of the owner is strictly prohibited.

4. COMMERCIAL TERMS, TAXATION, AND CONSUMPTION

• Price Transparency and Taxation (AEAT): All prices displayed on the website or in estimates will clearly and accurately indicate the inclusion or exclusion of Value Added Tax (VAT) and other applicable taxes. Invoicing will be carried out in strict compliance with the Invoicing Regulations (RD 1619/2012) and the regulations of the Spanish Tax Agency.

• Right of Withdrawal: In accordance with Article 103.l) of Royal Legislative Decree 1/2007 (General Law for the Defense of Consumers and Users), the right of withdrawal shall not apply to contracts for the provision of accommodation services for purposes other than serving as a residence, transport of goods, vehicle rentals, or services related to leisure activities (such as nautical charters), if the contracts provide for a specific date or period of performance.

• Warranty: Technical maintenance interventions are guaranteed according to current consumer goods regulations, expressly excluding the guarantee in case of manipulation by third parties or negligent use.

• Prevalence of Contracts: The specific conditions signed in the Charter, Management, Surveying, or Intermediation (Brokerage) contract will always prevail over this general Legal Notice.

5. FORCE MAJEURE AND MARITIME SAFETY

• Skipper's Authority and Maritime Navigation Law: In accordance with Law 14/2014, on Maritime Navigation, and the regulations of the General Directorate of the Merchant Marine (DGMM), the Skipper is the highest authority on board. The user or charterer is obliged to comply with their safety instructions at all times.

• Meteorology and Port Closures: Cancellations arising from adverse weather conditions that put the safety of life at sea at risk, as well as port closures decreed by the Maritime Captaincy, will be considered causes of Force Majeure. The owner's liability will be limited to rescheduling or the economic terms agreed upon in the contract, expressly excluding compensation for moral damages or loss of profits.

6. COMPLIANCE WITH THE DIGITAL SERVICES ACT (DSA)

• Legal Contact Point: info@navegacostaballena.com.

• Reputation Protection: The owner personally monitors content and reviews. Legal action will be taken against attempts at disinformation, digital extortion, or "review bombing" that affect the honor and professional image of the owner.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

All content on the website (texts, photographs, logos, source code, design) is the intellectual property of the owner or third parties who have authorized its use, and is protected by Intellectual Property Law. The reproduction, distribution, or public communication, in whole or in part, without the express authorization of the owner is strictly prohibited.

8. SPECIFIC CONDITIONS OF THE NAUTICAL BROKERAGE ACTIVITY (SALES AND CHARTER)

Regarding intermediation and brokerage services for the sale and/or rental of third-party vessels, the following mandatory legal considerations are established:

A) General Intermediation Provisions

• Nature of the Service: The owner acts exclusively as an intermediary (broker) between the parties (buyer/seller or lessor/lessee), facilitating the approach, negotiation, and perfection of the contract. The owner does not at any time acquire ownership, possession, or title to the intermediated vessels.

B) Intermediation in Vessel Sales

• Accuracy of Information and Exoneration: Specifications and inventories are presented in good faith based on information from the selling owner. The owner assumes no liability to buyers for the inaccuracy of such data.

• Legal Liability, Encumbrances, and Hidden Defects: Legal liability for the remediation of hidden defects (Art. 1484 of the Civil Code) and the guarantee that the vessel is transferred free of encumbrances falls solely and exclusively on the seller. The owner is exonerated from any claim for latent defects or legal defects.

• Management of Funds and Deposits (Arras): Amounts delivered as a deposit, reservation, or earnest money are deposited under an express mandate. These amounts do not constitute income for the owner, except in the proportion of their fees once earned.

C) Intermediation in Charter (Charter Broker)

• Formalization of the Contract: In the intermediation for the rental of vessels or luxury yachts in any destination, the owner operates as a Charter Broker. The binding nautical lease contract is formalized directly and exclusively between the client (charterer) and the shipowner, owner, or Central Agent of the vessel.

• Exoneration in Charter Execution: The owner is exempt from any civil, contractual, or extra-contractual liability arising from the final execution of the charter service. This includes, but is not limited to: mechanical breakdowns, deficiencies in the crew's service, itinerary alterations due to the skipper's decisions or force majeure, and discrepancies regarding the condition of the vessel. All claims must be directed to the final operator or shipowner.

• Management of Charter Funds and A.P.A.: Amounts transferred to the owner for the charter fee, security deposit, or Advance Provisioning Allowance (A.P.A.) are collected on behalf of and by order of the final operator. The management, liquidation, and return of deposits or A.P.A. surpluses will be strictly governed by the conditions of the signed charter contract (e.g., MYBA contracts) and the liquidations issued by the Captain of the vessel, with the owner not being responsible for such retentions or liquidations.

9. TECHNOLOGICAL AND WEB LIABILITY EXEMPTION

The owner is not responsible for any damages of any kind that may arise from errors or omissions in the website's content, lack of availability of the portal, service interruptions, or the transmission of viruses or malicious programs, despite having adopted all necessary technological security measures within their reach to prevent it.

10. APPLICABLE LAW, JURISDICTION, AND DISPUTE RESOLUTION

The relationship between the user and Navega Costa Ballena shall be governed in all cases by current Spanish law.

• For Consumer Users: In the event of a dispute, and in accordance with Article 90.2 of the TRLGDCU, the parties shall submit to the Courts and Tribunals of the consumer's domicile. Additionally, the European Commission provides an online dispute resolution platform, available at: https://ec.europa.eu/consumers/odr/

• For Professional/Business Users (B2B): If the user acts on behalf of a company or as a professional, the parties expressly waive any other jurisdiction that may correspond to them and submit to the jurisdiction of the Courts and Tribunals of Rota (Cádiz).