GENERAL CONDITIONS OF THE RESERVATION
INTRODUCTION
These general conditions apply to reservations processed through the websites www.barcosazules.com and www.barcoscalobra.com (hereinafter the “Website”) and constitute a contract between you (hereinafter “the Customer”) and:
MARITIME EXCURSIONS PORT OF SÓLLER S.L. (hereinafter Barcos Azules)
Address: Passeig Es Través, 3. 07108 Puerto de Sóller. (Balearic Islands)
C.I.F. B07309677
Office: Commercial Quay, Local 2-3 07108 Port de Soller.
Contact and Office hours: 09:00 – 18:00
Tel: 971 630170/0711
Fax: 971 633301
General information: comercial@barcosazules.com
Booking information: reservas@barcosazules.com
The request and processing of reservations in this Web, suppose the full and unconditional acceptance of the legal warning, of the conditions of Use and of the policy of privacy of the Web, together with the particular conditions and the present general conditions of the contracting, in its last version. Therefore, we advise you to read these conditions before requesting or formalizing your reservation and each time you access our website, as we reserve the right to change, modify, add or remove at any time part of these general conditions.
LEGAL REGULATION
These general conditions are subject to the provisions of Law 7/1998 of 13 April on General Contracting Conditions, Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, as well as all applicable tourism regulations and, subsidiarily, the Civil Code and the Commercial Code.
CLAUSE
The formalization of reservations through the Web is subject to the following clauses:
1. Manifestations:
The Customer manifests:
a) To be of legal age and to have full capacity to formalize the reservation, manifesting that he understands and understands the totality of the conditions that are in the Web.
b) That the data provided when formalizing the reservation are true and complete.
c) That it confirms the reservation requested and especially the dates indicated and the number of people.
2. Access to the Web:
Access to this website is the responsibility of the Client.
3. Reservation
3.1. The reservation includes the detailed services according to the tariff conditions stipulated in the purchase form. Those particular conditions together with the present general conditions must be accepted by you before formalizing the reservation. The contract may be validly formalized in Spanish and in the other languages available on the website. In case of discrepancy between the translated versions of these conditions, the Spanish version will prevail.
3.2. The Client accepts that BARCOS AZULES does not assume any obligation or responsibility with respect to those services that it does not provide directly. BARCOS AZULES is also not responsible for the loss of boarding by customers if it occurs through the negligence of the passengers themselves and / or beyond the control of Blue Boats, even if they were motivated by reasons beyond the control of the customers, so they will not be entitled to a refund of the amount (or part thereof) and / or compensation.
3.3. Passengers under the age of 18 must always be accompanied by an adult.
3.4. Any behaviour of the Client during the excursion that is contrary to good customs and public order or that constitutes a nuisance for the rest of the participants (for example, bad conduct, state of health, drunkenness, way of acting, etc.) will entitle BLUE BOATS to cancel the reservation and urge the Client to leave the excursion. Such cancellation shall not give rise to any compensation or reimbursement of the amounts already paid by the Customer.
3.5. Online Reservations: The process of formalization of online reservations is as follows
Step 1. Purchase Form. Choice of services, personal data and acceptance of legal conditions.
Step 2. Payment.
Step 3. Confirmation.
Once the reservation has been made, a confirmation will be sent by email to the contact address provided by the Customer. The reservation will be electronically archived.
3.6. Correction of possible errors in the introduction of the reservation data:
In the confirmation email received by the Customer, the reservation data will be recapitulated. In case of detecting possible errors, users should immediately request the appropriate corrections to Barcos Azules, sending an email to: reservas@barcosazules.com
4. Price and payment:
4.1. The conditions, the price of the services and the methods of payment accepted are those expressly determined on the page on which you make the reservation. Unless otherwise stated in the purchase form, the price of the excursion only includes the transport of passengers to and from the site, as well as the possible transport of bicycles if contracted.
4.2. Promotions and offers are only valid for as long as they are accessible to the recipients of the service. Barcos Azules is not responsible for the content of any promotional material published by third parties, even if it has been provided / delivered to the customer by staff of Barcos Azules.
4.3. Unless specifically indicated otherwise, the prices indicated on the Web are Retail Prices, VAT included. The transaction will be carried out in EUROS, whatever the origin of the Customer.
5. Modification or cancellation of reservations:
Unless otherwise specified in the tariff conditions stipulated on the page from which the reservation is formalized, the following cancellation conditions shall apply:
Reservations for excursions made and paid for in advance may be cancelled with the right to a refund of the amount paid after deduction of cancellation charges (indicated as a percentage of the price paid) according to the following relationship:
– Cancellations with a minimum notice of up to 3 days: 0 % (without charges)
– Cancellations at least 24 hours in advance: 20 %.
– Unannounced cancellations (“no-shows”): 100 %.
You are expressly informed that, due to the nature of the services to be contracted, you do not have the right of withdrawal established by Royal Legislative Decree 1/2007, of 16 November.
If there is a cancellation of an excursion due to force majeure and / or for reasons beyond the control of Barcos Azules, the Customer with a paid reservation will be entitled to a refund of the amount paid, without the right to any additional compensation.
6. Nullity of the clauses:
If one or more of the clauses included in these general conditions were to be declared totally or partially null and void or ineffective, this will only affect said provision or that part which has been so declared, the general conditions remaining in all the rest, such provision being considered, or the part of the same affected, as not being put in place.
7. Acceptance:
The request and the formalization of the reservation necessarily imply that each and every one of the present general conditions, considered as an integral part of the reservation and completed with the conditions of the tariff and the specific applicable legislation, are expressly accepted by you.
8. Applicable law and competent jurisdiction:
This contract shall be governed by Spanish law with the exclusion of its conflict of law rules. Without prejudice to the rights recognized to consumers in matters of jurisdictional competence by Royal Legislative Decree 1/2007, of 16 November, any dispute that may arise from the use of the Web or services linked to it will be subject to the jurisdiction of the Courts and Tribunals competent to the address of BARCOS AZULES, expressly renouncing the Customer to its own jurisdiction if it had.
Version 2.0 – June 2016, 2016
