Terms & Conditions

1. IDENTIFICATION OF THE SERVICE PROVIDER

Titular: ESCOLA NÀUTICA CLUB DE MAR SCP (en adelante, el Proveedor).

NIF: J65575904

Domicilio social: local 608, Port Ginesta. Les Botigues de Sitges.Barcelona

Teléfono: 93-6363423

E-mail: info@escolanauticacastelldefels.com

Holder: CLUB DE MAR SCP NAUTICAL SCHOOL (hereinafter, the Supplier).

NIF: J65575904

Registered office: 608, Port Ginesta. Les Botigues de Sitges, Barcelona.

Phone: 93-6363423

E-mail: info@escolanauticacastelldefels.com

2. GENERAL TERMS & CONDITIONS BETWEEN THE PROVIDER AND THE USER

2.1– The user declares that he is of legal age (over 18 years of age) and has the necessary legal capacity to contract the services offered by the Provider on the website www.sailingtripsbarcelona.com, in accordance with the conditions detailed below, to which you declare to understand and accept.

In the case of contracting by a minor, the authorization of the parents or guardians is required to be able to enjoy the contracted service. The user is solely responsible for the veracity and accuracy of the data provided to the Provider during the reservation process.

2.2– The user agrees to use the services and content on the website in accordance with the Law and the general and particular terms and conditions of the services offered by the Provider at all times, and must refrain from using them to:

(a) Share your username and password with unauthorized third parties, and must immediately notify the Provider of information access by an unauthorized user.

(b) Introduce data-capturing software into the network that are likely to cause damage to the Provider’s computer systems or third-party users of the internal network or this website.

(c) Carry out illicit activities, contrary to good faith, morality or public order.

(d) Carry out activities that constitute an infringement of the regulation on intellectual and industrial property or any other rule of the applicable legal system.

(e) Reproduce, duplicate, sell or exploit for commercial purposes any content on the website.

(f) Disseminate content of a racist, xenophobic, pornographic nature, advocating terrorism and/or that violate human rights.

2.3– When registering at Sailingtripsbarcelona.com, the user will choose a username and password, which will later be confirmed by e-mail. The user must duly safeguard the usernames and passwords provided for access as a registered user, since they are personal and confidential, the user being responsible for their use by an unauthorized third party.

2.4– The user is responsible for providing their data correctly in the contracting processes established on the Sailingtourbarcelona.com website, and must pay special attention to the introduction of information related to their billing address and email. Sending documents and providing all the identification data correctly at all times and exactly as they appear on the DNI, NIE or passport.

3. VALIDITY OF THE CONDITIONS

These conditions will have an indefinite validity period and will be applicable to all contracts made through the Provider’s website.

The Provider reserves the right to unilaterally modify the General Conditions in order to improve the services offered without affecting the services or promotions that were acquired prior to the modification. In any case, before making a reservation for any service, the user must read and accept these Terms & Conditions.

If any clause included in these Terms & Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, subsisting the general conditions in everything else, having such provision, or the part of it that was affected, for not being applied.

4. PURPOSE OF THE CONTRACT

4.1– The purpose of this contract is to regulate the contractual relationship between the Provider and the user at the time the latter contracts a service offered by the former and accepts these Terms & Conditions Contract (T&C), which are applicable from from the time the reservation is made.

4.2– The services offered on the Sailingtripsbarcelona.com website consist of boat tours with skipper included in exchange for a price advertised on the website.

4.3– The services offered by the Provider will take place in the province of Barcelona, and can be contracted from anywhere in the world through its website.

4.4– Customer acceptance: The request for a reservation on Sailingtripsbarcelona.com is made through the web portal and implies the automatic acceptance of these T&C, which are available on the Provider’s website and available to the user at all times.

4.5– Modification of the Terms & Conditions of Contract: the Provider reserves the right to make changes and/or modifications to these T&C, therefore users are advised to review them regularly. In the event that these changes or modifications are introduced after an order has been placed, the conditions in force on the date on which the order was placed will apply.

5. INFORMATION PROVIDED ON THE WEB PORTAL

5.1– Publication of prices: Exceptionally, the prices of the services shown on our website may be specified in an erroneous way and show a lower price than the corresponding one. If this happens and the service is confirmed by the Provider, the Provider will immediately contact the user in order to issue a new order confirmation with the correct price. If you do not agree with said rectification, the user may cancel the reservation, obtaining a refund of the amount paid in full for said service.

5.2– Reservations: Any reservation request made by the user is subject to acceptance by the Provider. This confirmation will occur immediately and will be sent by email to the email provided by the user.

5.3– The contents of the Sailingtripsbarcelona.com website are constantly renewed and updated to offer our clients the most complete and detailed information possible. Due to this, it’s possible that the contents may show, on exceptional occasions, information of a provisional nature about some services. In the event that the information provided does not correspond to the characteristics of the service, the client will have the right to cancel their reservation at no cost.

5.4– All contractual information, communication with users and the formalization of the contract is carried out in Spanish (Castilian) although, at the request of the user, it may be carried out in another language, and the user must notify the Provider before the beginning  of the hiring process.

5.5– Availability of reservations: If exceptionally and due to an error in the system or on the calendar, the reservation is confirmed without availability, the Provider will contact the user immediately to offer an alternative time.

If the user declines the suggestions offered by the Provider, the latter may choose to cancel the reservation, refunding the full amount that would have been paid.

5.6– Reservation confirmation hours: The reservation reception and confirmed times are twenty-four (24) hours, three hundred and sixty-five (365) days a year. However, in order to be able to offer an adequate service, the minimum advance reservation must be equal to or greater than 16h.

5.7– Fraud: In the event that the Provider detects any suspicious activity, it reserves the right to cancel any transaction for security reasons.

6. PURCHASE PROCEDURE

In order to carry out a reservation of the services offered by the Provider on the website, the user will have the option to do so as a registered user or as a guest.

In any case, they must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of current regulations on data protection, Regulation (EU) 2016/679 of 27 of April 2016 (RGPD) regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, regarding the protection of personal data detailed in the Privacy Policy of this website.

Users are informed that, in accordance with the provisions of article 27 of the Law 34/2002 on Services of the Information Society and Electronic Commerce, the contracting procedure will be carried out following the steps listed below:

Choose the service(s) by clicking on it/them, automatically adding it to the “shopping cart”.

If by mistake you have added something that you don’t want, you must click on the “delete” option in the shopping cart.

In the shopping cart you will see the services added, the quantity, the price and the total amount. The final prices indicated on the screen include the I.V.A. (Sales tax), and any other taxes or fees that may be applicable, at the rate in force at the time of contracting.

Before submitting the reservation request, the user will be asked to register, access their account (if they have one) or choose the option to buy as a guest.

In any case, in order to make the purchase, the user must provide a series of personal data by completing a form and accepting the Privacy Policy and the Legal Notice.

If you register as a user on the Provider’s website, you will receive a registration confirmation email at the provided email address.

If you are already registered, you can access your data by clicking on the already registered user button.

If the user decides to make the purchase as a guest, they will only receive the confirmation of the purchase made in the email provided.

Please check your email inbox spam and junk controls and always check that the contact details you provide are correct.

Once you have chosen the service(s), you must click on the “finish purchase” tab to submit the reservation request. By clicking on this option, the summary of the purchase will appear, including the reserved service, the data provided and the chosen payment method).

In any case, the Supplier’s contracting platform will send the user a confirmation of the reservation once the contracting process has been completed. The confirmation will be sent to the email provided by the user.

If there is any type of error at any point of the reservation, you must immediately notify the e-mail address that will appear on the web portal to correct the error.

If you have any questions, you can contact Customer Service through any of the methods provided on the Sailingtripsbarcelona.com website.

The supplier puts at your disposal  Customer Service through the email: info@escolanauticacastelldefels.com. In the event that the user chooses another alternative means of communication, he must bear the particular cost of it.

The Provider has an available phone number in Spain, it’s use may be subject to charges by your phone carrier.

7. PRICES AND VALID TIMES OF THE OFFERS

All prices reported on the Sailingtripsbarcelona.com portal include I.V.A. (Sales tax) and any other taxes or fees that may be applicable, at the rate in force at the time of contracting.

The prices applicable to each service will be those published on the website and applied automatically in the last step of the hiring process, except as provided in the first point of clause 5. The user accepts that the economic valuation of some of the services may vary in real time. Any variation that takes place during a purchase process will always be communicated to the user before confirming it.

In the case of limited-time promotions, the discount of the promotion will be applied as long as the order has been placed during the promotion period.

The data recorded by the different payment methods constitute proof of the date on which the financial transactions were made and will serve to determine whether or not said order is subject to promotion.

For any information about the reservation, the user may contact the Provider’s customer service phone number or via email to the address provided.

8. PAYMENT OPTIONS

The payment options available for contracting the services are detailed below:

8.1– Payment by credit or debit card: The user must have a valid credit or debit card, they must enter all the digits of the card number in the corresponding form. The operation is formalized at the time of placing the order. Only Visa, Mastercard or American Express cards are accepted. Payments are only accepted with secure cards in which your identity as the cardholder is authenticated according to the method established by your bank, through secure e-commerce (“Verified by Visa” and “MasterCard SecureCode”). The order cannot be taken into account and will not be processed until the payment has been authorized by your bank or cashier.

The system called SSL (Secure Sockets Layer) is used, a payment system in a secure environment since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.

8.2– PayPal: If the user chooses this form of payment, he will be redirected to the official PayPal website where he can make the payment. Once the payment has been made correctly, your order will be finalized and an email will be sent with the summary of your purchase. Pressing the “Back to the web” button you will return to the web to see the order and be able to print it. PayPal has its own privacy policies and the Provider has no responsibility for them.

9. CANCELLATION POLICY AND WEATHER CONDITIONS

9.1– In case of adverse weather conditions that hinder or limit the safety of navigation, in the first place the embarkation and/or disembarkation of the passengers will be derived to the mooring of the ship in the Port Ginesta, being the cost of the transport to the same place at the customer’s expense. In the event that the weather conditions do not allow navigation departing from the port, the tour will be canceled and the full amount paid for the canceled service will be returned to the user. The Provider is responsible for evaluating the climatic and maritime conditions with the power to cancel the service, if unavoidable, even on the same day.

In the event that the cancellation of a reservation is carried out by the user, the return policy will obey the following detail:

Cancellation more than 48 hours in advance, refund of the full amount paid by the client.

Lack of attendance on the day for which the tour was contracted will not give the right to a refund of any amount.

10. DEPOSIT

The Provider reserves the right to request an amount as a deposit in order to deal with possible damage to certain tours (parties, farewells, etc..). The amount of the deposit will never exceed the total price of the contracted service and must be paid by credit card prior to the day on which the contracted service is enjoyed.

If no damage has been detected, the amount of the deposit will be returned to the user within a maximum period of 48 hours.

In the event that the deposit should cover any damage, the user will be notified (if possible) at the time of completion of the service.

The assessment of the damages that could have been caused will correspond to a technician who will be chosen by the Supplier. Once it has been valued, the user will be notified by email of the amount to be covered and the amount to be covered will be deducted from the deposit provided.

Once the damage has been repaired and if there is a surplus, it will be returned to the user within 48 hours.

11. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. The Provider and the user agree to submit any controversy that may arise from the provision of the services object of these Conditions, to the Courts and Tribunals of the address of the Provider (if it is a legal entity) or of the user (if it is an individual).

In the event that the user is domiciled outside of Spain, the Provider and the user expressly waive any other forum, submitting to the Courts and Tribunals of the city of Barcelona (Spain).

12. COMMENTS AND SUGGESTIONS

Your comments and suggestions will be welcomed. Please send us such comments and suggestions through our contact form.

Users are also informed that Sailingtripsbarcelona.com has official claim forms at their disposal.