MALLORCA SEA PARADISE
General conditions of maritime transport under the maritime excursion regime
These General Conditions of Maritime Transport are displayed and available to the public for consultation prior to booking and purchasing tickets, both in paper format, in all sales areas at the Carrier’s official ticket offices, and in digital format, on the Company’s website. (https://www.mallorcaseaparadise.com/).
1.- DEFINITIONS
“Transporter” refers to the company CREUERS ILLA BALEAR, S.L. that carries out passenger transport on a maritime excursion basis with its ships, under any operating and/or management regime.
“Maritime Excursion” means that passenger transport service associated with tourist trips on ships or boats that depart from a port and, after following an itinerary, return to the port of departure in a period of no more than 12 hours, being able to make anchorages and intermediate stops in another port but all passengers must complete the entire itinerary.
The term “Ship” refers to the vessel used for navigation by sea or waterways, which is a passenger ship.
The term “Passenger Contract” refers to the transport contract between the carrier and a passenger for the provision of one or more passenger transport services on a maritime excursion basis.
“Ticket” or “boarding pass” means that document validly issued by the carrier as proof of the passenger transport contract entered into.
2.- APPLICABLE LAW AND LIABILITY REGIME
This passenger transport contract under the maritime excursion regime will be governed by Spanish Law, Community regulations and those International Conventions to which Spain is a party. Specifically, the present transport contract will be governed by Law 14/2014, of July 24, on Maritime Navigation, which is considered incorporated into the passenger contract.
3. PASSENGER CONTRACT AND TICKET
By the passenger contract, documented by the issuance of the corresponding ticket and/or boarding pass, the carrier undertakes, in exchange for a price, to transport the passenger by sea, and where applicable, their luggage, on a maritime excursion basis.
The ticket is personal and non-transferable and may be issued in electronic format. The maritime transport contract is perfected with the prior payment of the ticket duly issued by the carrier, it being understood that the passenger expressly accepts all its terms and conditions, by the mere fact of having used it as a transport document.
Only those persons with a ticket and/or boarding pass for the date, time and route indicated on both will be allowed to board. The carrier is not responsible for the loss of the ticket/boarding pass. The passenger is required to keep both documents throughout the entire journey. For any claim, the passenger must present a copy of the passenger ticket and boarding pass; otherwise, the claim cannot be processed.
The carrier offers passenger transport subject to its general, promotional and/or special fares, duly published in all sales areas, at official ticket offices and on the company’s website. The carrier reserves the right to modify these rates without prior notice.
The carrier is not responsible for the passenger’s hand luggage and belongings in case of theft or loss.
Complaint forms and suggestions are available to travelers at our departure and arrival points.
4. SCHEDULES, ROUTE, BOARDING, AND CANCELLATIONS
he departure times for each maritime excursion are predetermined and available to the public for consultation prior to booking and purchasing tickets, both in paper format, in all sales areas at the official ticket offices of the Carrier, and in digital format, on the Company’s website (https://www.mallorcaseaparadise.com/).
The carrier is authorized to modify the advertised schedules and even suspend and cancel the transport for reasons of safety, organization, weather or force majeure.
The carrier will determine and inform of the “deadline” for boarding, after which boarding will be denied to passengers who are not ready to board. The carrier declines any responsibility for the denial of boarding to passengers who arrive after the boarding deadline.
The carrier will be free to carry out the transport following the route and itinerary that he or she considers most appropriate.
In case of cancellations by the passenger, the following conditions will apply:
- Cancellations made at least 24 hours before departure do not incur any penalty. Refund of the amount paid.
- Cancellations without notice or notified less than 24 hours before departure will result in the loss of the total amount paid.
5. ONBOARD DISCIPLINE
The captain holds command and direction of the ship, will have the status of authority on board, and may adopt whatever police measures he deems necessary to maintain order on the ship, as well as to guarantee the safety of all those on board. Passengers must comply with the captain’s orders, without prejudice to their right to make any claims they deem appropriate once the ship has arrived in port.
6. MAIN SERVICE, ANCILLARY SERVICES AND TAX REGIME
For the purposes of the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), VAT will be charged at the reduced tax rate of 10 percent because it is a maritime passenger transport activity (art. 91.one.2.1° de la Ley 37/ 1992. Other ancillary services on board, such as on-board consumption, are jointly taxed under the main transport operation.
7. JURISDICTION
Disputes arising in relation to the interpretation, application or execution of the transport contract shall be subject to the jurisdiction of the Commercial Courts of Palma de Mallorca, without prejudice to the consumer’s right to resort to alternative dispute resolution in consumer matters.
