Shop Terms and Conditions
Catering + Beverage Services
1. Who we are
These terms apply to catering, food and beverages ordered through Top Yachts Charter for delivery in connection with a yacht charter.
Your contracting party is EZ Top Yachts S.L., trading as Top Yachts Charter, with registered address Ave. del Rei Jaume I, No. 2, 07180 Santa Ponsa, Balears, Spain, NIF/CIF B26866590, commercial registration details PM-106427, referred to below as “Top Yachts”, “we” or “us”.
Contact: info@topyachtscharter.com
Telephone / WhatsApp: +34 608 802 176
These terms supplement the applicable yacht charter agreement. They govern catering orders specifically and do not restrict any mandatory consumer rights.
2. Our catering service
You place and pay for your catering order through Top Yachts. We arrange preparation and direct delivery to the yacht’s agreed quayside location through an independent third-party caterer.
Top Yachts remains your contractual point of contact for the order, payment, changes, complaints and refunds. Using a third-party caterer does not exclude or reduce any responsibility we have towards you under applicable law.
Unless expressly included in your order confirmation, the service does not include a chef, catering staff, table service, crockery, glassware or equipment hire.
3. Orders and confirmation
Please provide the charter date, yacht or booking reference, requested items and quantities, and any dietary requirements when ordering.
An order becomes binding when we issue written confirmation accepting it. An automated acknowledgement or receipt of an enquiry does not, by itself, constitute acceptance.
Your confirmation will state the agreed items, quantities, total price, delivery arrangements and any special requirements we have accepted. Please notify us promptly of any discrepancies.
We will provide these terms before you commit to the order and supply the confirmation in a form you can retain.
4. Order deadline and delivery timing
Complete orders must reach Top Yachts no later than 13:30 on the calendar day immediately before the charter, using Mallorca local time (Europe/Madrid).**
To qualify for guaranteed delivery by the agreed time before departure, the order must be accepted by us, payment must be received as required, and all necessary order and delivery information must be supplied by this deadline.
Orders received after the deadline may be accepted subject to availability and express written confirmation. Timely delivery of a late order is guaranteed only if we expressly confirm this in writing.
We coordinate delivery with the caterer and yacht crew. Delivery is to the agreed quayside location for handover to the crew or another authorised recipient; guests do not normally need to attend.
If an exceptional event prevents timely delivery, we will inform you promptly and explain the available alternatives and remedies under these terms.
5. Prices and payment
All consumer prices are quoted in euros and include applicable VAT. Any delivery charge, minimum order requirement or additional service charge will be disclosed before you commit to the order.
Payment is made to Top Yachts. Full payment is required in advance unless we agree otherwise in writing. The applicable payment deadline will be stated before the order is accepted.
We will not increase the price of a confirmed order without your agreement. Any additional items or services require your approval of the additional cost.
6. Availability and substitutions
Items are subject to availability until confirmed.
If a confirmed item becomes unavailable, we will contact you to offer a suitable alternative or a refund for that item. Material substitutions, including changes to ingredients, allergens, dietary suitability or beverage selection, require your approval.
If we cannot obtain your approval in time, we will omit and refund the unavailable item rather than make an unapproved material substitution.
7. Allergies and dietary requirements
Please tell us about allergies, intolerances and dietary requirements before ordering. Special requests are accepted only when we confirm that the caterer can accommodate them.
Required allergen information will be available free of charge before you commit to the order and will accompany delivery in the legally required form. Please obtain and review this information for all guests concerned.
Food may be prepared in kitchens handling multiple allergens. We will communicate relevant cross-contact information provided by the caterer. We do not promise an allergen-free environment unless we expressly confirm that assurance for the relevant order.
If the caterer cannot safely accommodate a disclosed requirement, we will tell you before accepting the affected items.
These provisions do not exclude our obligations concerning accurate food information, food safety or liability under applicable law.
8. Changes and customer cancellations
Requests to change or cancel an order must be sent to booking@topyachtscharter.com or our booking WhatsApp number. Changes take effect only when confirmed by us.
We will accommodate changes where reasonably possible. Any price difference will be agreed with you before the change is confirmed.
For customer cancellations, we will refund the amount paid less reasonable, documented and unrecoverable costs already incurred or irrevocably committed specifically for your order. These may include ingredients, preparation and delivery commitments.
We will take reasonable steps to minimise those costs and account for any supplier refunds, savings or recoveries. On request, we will explain any deduction.
Cancellation charges will not exceed the cancelled order’s price. A cancellation close to departure may result in little or no refund where the order has already been prepared and the relevant costs cannot reasonably be recovered.
This cancellation policy does not limit any statutory withdrawal right or remedy for defective or undelivered supplies.
9. Statutory withdrawal rights
Where applicable law permits, the usual 14-day withdrawal right for distance contracts does not apply to food that deteriorates or expires rapidly, or to catering services contracted for a specific date or period.
This exception does not automatically apply to every separately sold, non-perishable product. Where a statutory withdrawal right applies, we will provide the required information and withdrawal form before purchase and honour that right.
The absence of a withdrawal right does not affect your rights where an order is defective, incorrect or not supplied as agreed.
10. Charter cancellations and postponements
Please contact us immediately if your charter is cancelled, postponed or moved to another yacht or marina.
We will try to rearrange catering where feasible. Any additional cost must be approved by you in advance.
Cancellation or postponement of the charter does not automatically cancel the catering order. Where you cancel the charter for personal reasons, clause 8 applies.
Where the charter cannot proceed because of weather, safety restrictions or other circumstances outside the parties’ reasonable control, we will seek to stop preparation, recover supplier costs or arrange a suitable alternative. Any deduction from your catering refund must be lawful, reasonable, documented and limited to unrecoverable costs.
If the cancellation results from a breach by Top Yachts, your statutory rights remain unaffected and the customer cancellation deductions in clause 8 will not apply to that breach.
We will not impose alternative delivery or a credit voucher instead of a refund to which you are legally entitled.
11. Delivery, storage and consumption
We arrange for delivery under appropriate food-safety conditions and for the recipient to receive relevant storage and consumption instructions.
Where Top Yachts or its appointed crew handles, stores or serves the order, we remain responsible for our own obligations during those activities.
Guests must follow food-safety instructions when food is placed in their care, including refrigeration and consumption deadlines. Leftovers should be retained only where safe storage is possible.
Responsibility for deterioration caused by a guest’s failure to follow clear instructions will be assessed according to the circumstances and applicable law. Delivery or consumption does not waive your rights concerning an existing defect.
12. Missing items, defects and complaints
Please report missing, incorrect, damaged or apparently unsafe items to the crew or Top Yachts as soon as reasonably possible so we can investigate and resolve the issue during your charter.
Do not consume food that appears unsafe. Where practical, retain packaging and take photographs to help us identify the issue.
Depending on the circumstances and your legal entitlement, we will arrange replacement, an appropriate price reduction, a refund or another lawful remedy.
Prompt reporting helps us assist you, but failure to report an issue immediately does not automatically remove your statutory rights.
Complaints may be sent to booking@topyachtscharter.com. Official consumer complaint forms will be available as required by applicable law.
13. Responsibility and exceptional events
Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for personal injury, unsafe food, fraud, deliberate misconduct or other mandatory consumer protections.
If an event outside our reasonable control disrupts supply, we will notify you and take reasonable steps to reduce its effects. Such an event does not automatically entitle us to retain payment for supplies that are not provided.
Any refund, cancellation charge or other remedy will be determined in accordance with applicable law and these terms.
14. Personal information
We use order and contact information to process payment, arrange preparation and delivery, and manage customer service, as explained in our Privacy Notice.
Only information necessary to fulfil the order will be shared with the caterer and relevant yacht personnel.
Where allergy information identifies a person and constitutes health data, we will obtain any required explicit consent separately before processing or sharing it. Acceptance of these terms alone does not constitute that consent.
15. Applicable law and consumer rights
These terms are governed by Spanish law. Where applicable, consumers retain mandatory protections available under the law of their country of habitual residence.
Disputes may be brought before the courts competent under applicable law. Nothing in these terms requires a consumer to use an exclusive court that would deprive them of a mandatory right.
If a provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law. The version supplied when your order was accepted governs that order.