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Conditions of Use and Contract

1.- Ownership
 
This site is owned and operated by Creuers Illa Balear, S.L., located at Mestral street número 12 A bajos, Postal Code 07680, Porto Cristo, Balearic islands, Spain. 
 
Creuers Illa Balear, S.L. (hereinafter, Creuers Illa Balear) is registered in the Mercantile Register of the Balearic Islands, volume 2221, page 53, section 8, with page PM-55377 and 1st inscription.
 
NIF: B07800071
Email: info@illabalear.com 
 
 
2.- Acceptance
 
This website and the service provided (hereinafter the Service) is available to any user and is subject to the following terms and conditions: these Terms of Use and Contracting, our Privacy Policy and our Cookies Policy.
 
By using the Service you agree to our terms and conditions. You agree not to use this site for any unlawful purpose.
 
On the other hand, we inform you that for legal reasons we archive the electronic documents in which reservations and purchases are formalised. You will be able to access these documents at any time by requesting them at: info@illabalear.com
 
 
3.- Description and Use of the Service
 
3.1.- Description
 
Creuers Illa Balear offers its customers the possibility of booking boats and cruises to take a trip along the coasts of the Balearic Islands, specifically the island of Mallorca. 
 
Through the website, you can choose one of the routes and destinations available to enjoy, returning at the time you decide from among those that the service has available. 
 
In addition, once you are at the chosen destination, you can combine this boat trip with some recreational activities in the area. In order to do so, outside the platform you will be able to purchase tickets for the excursions and tourist activities that are available for the destination area. 
 
 
3.2.- Service
 
Through the Service, Creuers Illa Balear allows the booking of tickets for a trip along the east coast of the island of Mallorca, according to the travel itineraries offered on the website. 
 
The images and photographs shown on the Creuers Illa Balear website are illustrative of the different types of experiences that can be booked by the interested user. 
 
The language in which the contract between Creuers Illa Balear and the buyer will be perfected may be in Spanish, Catalan, French, English or German. 
 
The booking process for the provision and contracting of the Service will be as follows:
 
Through the website, the user will be able to see the different modalities of the service to be contracted. The availability of the service can be consulted according to the date and time chosen for departure by boat, as shown in the calendar on the website.  
 
Subsequently, the user must specify various details of the trip to be made in the different tabs of the booking form, including: the departure point and time, type of trip and return time, among others.
 
Next, the number of people travelling on the boat and their personal data must be specified. 
 
Finally, a summary of the experiences purchased, payment method, delivery method, acceptance of the terms and conditions of the Service and the button to confirm the purchase by the user will be presented. 
 
During the purchase process you will be able to modify the number of units, change the delivery and billing addresses, the payment method and the delivery system. To do this you must go back to the corresponding button when possible and before the final acceptance of the purchase. 
 
Once the purchase has been made, it will be confirmed by sending an email, within a maximum of 24 hours, to the address you have indicated. This will indicate the experience contracted, the amount, applicable taxes, the method of payment, the tickets with the place and time of departure and return and the applicable terms and conditions. 
 
 
3.3.- Requirements
 
In order to formalise the booking of the Service, it will be necessary to accredit that all the passengers are of legal age, for which the identification documents of each of them may be required. In the event that a minor participates, he/she must be accompanied at all times by an adult of legal age.  
 
In the event that this requirement is not met, the booking will be cancelled. 
 
 
3.4.- Use
 
Users agree to use the Service in accordance with current legislation and the terms and conditions of the platform.
 
Likewise, users agree not to collect data for advertising purposes, send advertising of any kind or communications for sales or other commercial purposes. Nor may they make data collected through the Service available to third parties for any purpose whatsoever.
 
In the event of non-compliance with these obligations, users shall be liable to them. 
 
Likewise, in the event of damaging, rendering useless, overloading, deteriorating or impeding the normal use of the materials and information contained in the Service, the information systems or the documents, files and all types of content stored in any computer equipment of the Service, its members or any user of the Service.
 
 
4.- External links
 
You may be referred from the Service to other websites through links.
 
However, Creuers Illa Balear has no control over these sites or their content, subject to their own terms and conditions. Therefore, Creuers Illa Balear is not responsible for the quality, veracity or accuracy of the information contained in those sites.
 
 
5.- Age
 
With regard to the contracting of our Service, you declare that you are of legal age and that you have the necessary legal capacity to be bound by this agreement and use the site in accordance with its terms and conditions, which you understand and recognise in their entirety.
 
If you are contracting on behalf of a company for the Service, you acknowledge that you have the appropriate authority and representation on behalf of the organisation to do so.
 
You declare that all the information you provide to access the Service, before and during its use, is true, complete and accurate.
 
 
6.- Intellectual and industrial property
 
The content and information of the Service (including brands, logos, data, text, sound, video, image or computer code), as well as the infrastructure used to provide such content and information, is the property of Creuers Illa Balear or has the corresponding authorisations for its use.
 
Furthermore, the modification, reproduction, duplication, copying, distribution, sale, resale and other forms of exploitation for commercial or equivalent purposes of the Service are prohibited.
 
For any other use of the content of the Service you need our prior written consent.
 
 
7.- User Content
 
7.1.- Content
 
You may contribute to the Service by sending us messages to our email or telephone address, through the contact form or by providing feedback about your experience ("Content").
 
We may use your Content in a variety of ways, such as displaying it on the website, editing it for clarity or distributing it.
 
Therefore, by submitting Content to us you grant Tender Notify a worldwide, non-exclusive, royalty-free, until the Content is removed, transferable and sub-licensable on that Content.
 
This means that the content remains yours, but Creuers Illa Balear, thanks to this licence of use, may: a) use, reproduce, modify, adapt, translate, distribute and publish the Content, create derivative works from it, show it and exhibit it all over the world, by any known means and for any legitimate purpose; and b) use the name that you send in relation to this Content.
 
However, Creuers Illa Balear reserves the right not to publish those contents or information that are false or contrary to the rights of third parties.
 
 
7.2.- Reviews on the website
 
Creuers Illa Balear provides areas for users to leave reviews of the Service, which are also subject to these Conditions of Use and Contracting. 
 
As a user of the service you will be solely responsible for the use you make of them and you will use them at your own risk. Creuers Illa Balear will not edit or control user messages published or distributed on the website, nor will it assume any responsibility or obligation whatsoever for said user messages, beyond what is legally stipulated.
 
However, Creuers Illa Balear reserves the right to delete user messages and content. In these review areas you may not publish any content that is false, illegal, misleading, libellous, defamatory, obscene, pornographic, indecent, harassing, intimidating, contrary to the rights of privacy or publicity, abusive or fraudulent.
 
As a user of Creuers Illa Balear you declare that you are the owner or that you have the necessary permissions to use and authorise the use of the content shared on the Service as described.
 
In any case, remember that by accessing or using the website you may be exposed to content from other users that could be offensive, obscene, inaccurate, objectionable or inappropriate for any other reason. Creuers Illa Balear does not endorse such content nor can it endorse its accuracy. 
 
 
8.- Price and taxes
 
The prices of the different types of boat trips offered by Creuers Illa Balear are indicated in euros (€) and include the value added tax (IVA) applicable to these services in Spain, unless otherwise indicated.
In the event that the place of residence or domicile of the client is another member state of the European Union or a third state, the price may be modified if the applicable tax rate is different. If you have any doubts in this regard, please contact us at info@illabalear.com.
 
The prices do not include the transport and deposit of the vehicles at the departure point of the contracted trip, intermediary costs, visa and passport fees, luggage and personal safely, and any other intervention of other professionals not expressly specified in the Service page or final summary. 
 
If you have any doubts in this regard, please contact us at info@illabalear.com.
 
 
9.- Payment and means
 
To contract the Service, it is essential to pay 100% of the amount indicated on the website in advance at the time of booking. In any case, the online booking can be made at least 24 hours before the date scheduled for its execution.  
 
The Service contracted by the user shall be valid for 12 months from the date of purchase. 
 
Payment for the contracted Service may be made:
 
By VISA or MasterCard credit or debit card, and through the Stripe payment platform, with the amount being charged at the time of purchase of the Service.  
 
In this sense, Creuers Illa Balear informs credit and debit card holders that it is responsible for transactions in the online shop. These transactions are carried out on a safe page, using SSL/TLS technology to guarantee the safety of data transmission.
 
 
10.- Validity of the offers
 
The experiences provided by Creuers Illa Balear will be specified on the website, detailing the price of these according to the season of the reservation, the number of travellers and the chosen destination. 
 
The prices shown may be subject to change in the case of, for example, group bookings, among other cases. 
 
In any case, Creuers Illa Balear reserves the right to make any modifications to the Service that it considers appropriate, and may update the functions of the Service according to the market.
 
The prices that appear on the website are approximate. Creuers Illa Balear reserves the right to change prices without prior notice.
 
We inform you that in spite of the updates that are made to the prices of the Service, these could contain errors. We will promptly correct any errors that appear, but they will not be binding on the Service.
 
 
11.- Warranties
 
All the rights that the laws in force guarantee you as a consumer and user are guaranteed.
 
In any case, and to the extent permitted by law, Creuers Illa Balear reserves the right to refuse, suspend or cancel the provision of the Service at its sole discretion.
 
 
12.- Observations prior to the provision of the service. 
 
Given the nature of the service and the fact that the user will enjoy a ride on a boat for at least a couple of hours in a marine environment, it is important that the user indicates in advance to Creuers Illa Balear any dietary issues, allergies or personal conditions that should be known before providing the service.
 
In this sense, the user must previously inform Creuers Illa Balear about any physical or psychological particularity, illness, cardiovascular condition, pregnancy or personal circumstance of their own or of those accompanying them that could condition their participation in the same.
 
If this particularity or condition of the participant finally allows them to take part in the activity, the user will be responsible for carrying and managing the necessary elements for their control (e.g. an asthma or diabetes kit).
 
On the other hand, before the scheduled date of the boat trip, the user must check the weather and climate conditions in the area in order to guarantee the trip. To do so, you can consult the information contained in the State Meteorological Agency through its website www.aemet.es or, if necessary, contact us by email at info@illabalear.com.   
 
 
13.- Exemption from liability
 
To the extent permitted by law, Creuers Illa Balear accepts no liability for: a) errors or omissions in the contents; b) the lack of availability of the website or; c) the transmission of malicious programs in the contents, despite having adopted all reasonable technological measures to prevent this.
 
Likewise, except in those cases expressly described in these terms and conditions and to the extent permitted by law, Creuers Illa Balear is not liable for damages of any kind that may be due to the lack of accuracy, completeness or timeliness, including errors and omissions, of the information contained in the Service.
 
Although Creuers Illa Balear's intention is to always offer correct information on the Service, it cannot guarantee one hundred percent the accuracy of the information and descriptions of the different itineraries offered on the website.  
 
On the other hand, Creuers Illa Balear will not be responsible in the case of suffering any type of delay or cancellation due to force majeure or supervening circumstances beyond its direct control, in order to guarantee the safety of the user and their companions, such as adverse weather conditions, technical and material incidents on the recreational boat or temporary administrative bans on leaving the port. 
 
Nor is it liable for any personal injury, death, property damage or other damages or expenses arising therefrom, which are the responsibility of the user, are due to the user's negligent behaviour during the activity or otherwise arise from the user's booking or use of an experience acquired through the Service
 
 
14.- Cancellations, refunds and modifications
 
14.1.- Cancellation and refunds
 
It is not possible to obtain any type of refund once the contracted service has begun or has been used, except in accordance with your legal rights.
 
When you cancel any booking, you will be notified by email of the total amount of any cancellation charges.
 
In this regard, if the cancellation is made 24 hours or more prior to the scheduled departure date of the vessel, no penalty or handling charges will be applied to the amount already paid by the customer. On the other hand, if the cancellation is made less than 24 hours in advance, a penalty of 100% of the amount already paid will be applied. 
 
In any case, if the client and his/her companions do not show up at the departure or return point of the trip according to the specifications detailed in the contracted service, they will not be entitled to be reimbursed. 
 
If there is any cause or circumstance of force majeure (for example, adverse weather conditions, technical or material problems with the boat or impossibility of offering the services for reasons beyond Creuers Illa Balear's control), the user will have the right to request an alternative date to enjoy the Service in accordance with the conditions of the reservation made, or failing that, a full refund of the reservation in the event of there being no availability. 
 
If in doubt, please contact us at: info@illabalear.com.   
 
 
14.2.- Booking modifications
 
Any request for a change in the reservation made will only be taken into account by Creuers Illa Balear if it is made by email to info@illabalear.com and at least 48 hours before the date on which the service is to be provided. In addition, it could have an additional cost per person if the trip does not correspond to the one booked at first.
 
Creuers Illa Balear cannot guarantee that such requests for changes will be carried out satisfactorily as they will be subject to the availability of bookings already made by other clients. 
 
On the other hand, if you make a reservation through a Creuers Illa Balear promotion, it is possible that any change made after the purchase has been completed may invalidate the discount. Please consult the specific policy of each promotion.
 
 
15.- Promotional codes
 
The user may obtain promotional codes through competitions on social networks or promotions of the Service that can only be applied in the field established for this purpose in the purchase process.
 
The access and use of these codes may be subject to additional terms and conditions, which will be indicated in each case.
 
 
16.- Modifications and invalidity
 
We may update the terms and conditions of the Service in the future, as well as features and functions of the Service itself. 
 
We will inform you of changes to terms and conditions by posting a notice in a prominent place on our website and/or by email.
 
If any provision of our terms and conditions is found, in whole or in part, to be invalid or unenforceable, it will only affect that provision or that part of it which is invalid or unenforceable. The terms and conditions shall survive in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been made.
 
 
17.- Claims and actions arising from the contract
 
This Service is governed by Spanish law.
 
In order to simplify the resolution of civil claims and reduce costs, we do not exclude the possibility of submitting to an Arbitration of Equity of the Court of Arbitration of the Chambers of Commerce and Industry.
 
In this regard, and in accordance with the applicable regulations, Creuers Illa Balear informs of the existence of an European platform for online dispute resolution that facilitates the out-of-court resolution of such disputes for contracts concluded online between consumers and Internet service providers. This platform can be accessed via the following website: http://ec.europa.eu/odr.
 
If the Service is contracted by a company, in the event of a dispute, the parties submit to the courts of Palma de Mallorca and to Spanish law. 
 
 
18.- Language of the terms and conditions
 
The terms and conditions of the Service are presented in several languages (Spanish, Catalan, French, English and German). In case of contradiction between one and the other, the Spanish version will prevail.
 
 
19.- Contact
 
If you have any doubts about these terms and conditions, please contact us at:
 
E-mail: info@illabalear.com
Address: Mestral street número 12 A baixos, Postal Code 07680, Porto Cristo, Balearic Islands, Spain

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