Terms of Engagement
1. Definitions and scope
1.1 "Westmar Surveys" means Thomas René Merlier, NIF ES Z0508269C, trading as Westmar Surveys, of Palma de Mallorca, Spain. "Client" means the person or entity to whom the Quotation is addressed. "Quotation" means the written quotation issued by Westmar Surveys. "Services" means the services described in the Quotation. "Fee" means the fee stated in the Quotation. "Report" means any written report issued as part of the Services.
1.2 These terms apply to all Services provided by Westmar Surveys.
1.3 Yacht management, owner representation and refit and new build oversight are additionally subject to a separate written agreement. In the event of any conflict between that agreement and these terms, that agreement shall prevail.
2. Quotation
2.1 Prices published on the website are indicative only and do not constitute an offer.
2.2 The Fee is fixed by the Quotation, which is based on the vessel particulars supplied by the Client.
2.3 Where the vessel differs from those particulars, Westmar Surveys may adjust the Fee accordingly.
3. Booking and payment
3.1 A booking is concluded upon the Client's written acceptance of the Quotation.
3.2 Westmar Surveys reserves the right to require payment of the Fee in advance, in whole or in part.
3.3 Where advance payment is required, the service date is reserved only upon receipt of that payment.
3.4 Any balance is payable upon receipt of the invoice.
3.5 The Fee is exclusive of IVA, which shall be added where applicable.
4. Postponement and cancellation
4.1 Where the Services cannot be performed on the agreed date owing to weather, the yard, lifting arrangements or any other cause beyond the Client's control, the Services shall be rescheduled at no charge.
4.2 The Client may postpone or cancel a booking at no charge on not less than 24 hours' notice. Any advance payment shall be refunded or applied to the new date.
4.3 Where a booking is cancelled on less than 24 hours' notice, or the vessel is not available or accessible on the agreed date, Westmar Surveys may charge an attendance fee of €320 together with any travel costs already incurred.
5. Expenses and third-party charges
5.1 Travel within Mallorca is included in the Fee. Travel beyond Mallorca is charged at €1 per kilometre.
5.2 Flights, ferries, accommodation and similar expenses shall be charged as agreed in advance with the Client.
5.3 Parking charges and marina or yard access fees are excluded from the Fee and are payable by the Client in addition to it.
5.4 Haul-out, lifting, yard and laboratory charges are excluded from the Fee unless expressly stated otherwise in the Quotation.
6. Data protection
Personal data is processed in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) and applicable Spanish data protection law, as set out in the privacy policy published at westmarsurveys.com.
7. Governing law and jurisdiction
7.1 These terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with Spanish law.
7.2 Any dispute arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Palma de Mallorca, Spain.
Additional terms for surveys
Clauses 8 and 9 apply only to surveys, inspections and sea trials, and to any Report issued in connection with them.
8. Surveys and Reports
8.1 Surveys are visual and non-destructive. No dismantling, invasive inspection or testing of concealed systems shall be carried out unless expressly agreed in writing.
8.2 The Report reflects the condition of the vessel at the time of inspection only. No guarantee or warranty is given or implied as to the future condition, performance or suitability of the vessel.
8.3 Reports are ordinarily issued within two to four working days of the inspection.
8.4 Westmar Surveys may withhold the Report until all sums due have been received.
8.5 The statements of basis, limitation and reliance set out in each Report form part of these terms.
8.6 The liability of Westmar Surveys arising out of or in connection with the Services shall be limited to the Fee paid for those Services. Nothing in these terms limits or excludes any liability that cannot be limited or excluded by law.
9. Use of the Report
9.1 The Report is prepared solely for the use of the Client.
9.2 The Report shall not be disclosed to any third party without the prior written consent of Westmar Surveys.
9.3 No responsibility or liability is accepted to any third party who may rely on the Report.