Last updated: September 2026

1. Scope of Application

These Terms & Conditions govern the access, browsing, and general inquiry procedures conducted through guillermoghilardi.com.

Prevalence of individual service contracts: The general terms outlined herein are supplementary. Any operational, technical, command, charter, or property management assignment is governed strictly by an independent, signed Private Service Agreement (Management Agreement / Charter Agreement / Captaincy Retainer). In the event of any conflict between the generalized statements on this website and an executed private contract, the executed private contract shall exclusively prevail.

2. Client Obligations and Maritime Prerequisites

Clients requesting captaincy, yacht management, maintenance, or guardianage guarantee and agree to the following conditions prior to service commencement:

• Accurate Technical Information: The owner or representative must provide complete, accurate documentation concerning vessel systems, machinery histories, flag registry, and classification status.
• Mandatory Marine Insurance: All vessels subject to oversight, transit, refit, or captaincy must maintain active, comprehensive marine insurance policies—including Hull & Machinery (H&M) and Protection & Indemnity (P&I) / Third-Party Liability—at the sole expense of the owner.
• Regulatory Compliance: The vessel must comply with flag administration regulations, safety gear certifications, and port authority requirements.

3. Limitations of Liability & Maritime Exclusions

Services are delivered in alignment with rigorous professional maritime standards and good seamanship (bona fide seamanship). However, the operator is expressly exempt from liability regarding:

• Force Majeure and Weather Phenomena: Storms, lightning, adverse sea conditions, harbor surges, or natural catastrophes exceeding reasonable preventative measures.
• Pre-existing Defects & Latent Mechanical Failures: Failures originating from pre-existing structural fatigue, latent engine wear, manufacturing defects, or undetected electronic malfunctions.
• Third-Party Subcontractors & Port Facilities: Unforeseen damages caused by external shipyards, unauthorized third-party contractors, berth neighbors, or public marina utilities.
• Inherent Vessel Risk: The operator does not act as an underwriter. The primary allocation of casualty and property risk remains under the vessel’s marine insurance coverage.

4. Financial & Engagement Terms

• Specific estimates, day rates, and retainer terms are provided on an individual project basis in formal written quotations.
• Work requiring parts sourcing, specialist shipyard contractors, or external bunkering/logistics requires full advance funding by the client before execution.
• The operator reserves the right to suspend operational duties or withhold vessel transit should overdue accounts remain unsettled.

5. Governing Law and Forum

These website terms are governed by and construed in accordance with the laws of Spain. Any dispute, controversy, or claim arising from or relating to the use of this website shall be submitted to the exclusive jurisdiction of the Courts of Palma de Mallorca, Balearic Islands, Spain, with the parties expressly waiving any other jurisdiction.