CHARTER EN MENORCA
In compliance with the Regulation (EU) 2016/679 Of The European Parliament and of the Council of 27 April 2016 on the protection of natural persons, with regard to the processing of personal data and on the free movement of such data, and the Organic Law 3/2018, of 5 April, on the personal data protection and guarantee of the digital rights, the user is informed of the conditions of the processing of its personal data on the website: www.llatinaboats.com/, in such terms:
Personal data obtained by this website will be processed by TEÓFILO VALENTE HERNANDEZ, with address for the exercise of rights on Apartado Correos 35 - 07740 MERCADAL (Illes Balears). E-mail: email@example.com.
Purposes of the processing
To keep you informed about our products and services, when requested, using the forms of the web site, or by email.
Answering and managing your queries, comments and suggestions, when applicable.
Managing your participation in actual or future recruitment procedures, when the candidate has sent its personal data (including its curriculum) for that purpose.
Managing your booking, in case you make a booking through the website.
Gather information relating the use of the web site, analysing the number of visited pages, the number of visits, as well as its frequency and the activity of the users. For this purpose, the Controller uses statistical information prepared by the Internet Service Provider that does not allow the identification of the personal data subject in any case.
Lawfulness of processing
Consent. Personal data collected by the forms of the web site shall be processed only on the basis of the consent given by the personal data subject, which would have been given by checking the appropriate box. This consent can be withdrawn in any moment.
Legitimate interest pursued by the Controller. The statistical information gathered from this website shall be processed on the basis of the legitimate interest of the Controller. This information does not allow the identification of the user.
Personal Data collected on this web site shall not be communicated to any third party, except legal obligation.
Personal data obtained from the user for the purpose of sending commercial communications will be stored until the personal data subject requests its erasure or revokes its consent.
If the user sends its personal data in order to take part in a Controller’s recruitment process, data will be processed for the procedure which would be in course at that moment. If the application is dismissed, data could be stored up to two years, with the purpose of taking it into account for future recruitment processes.
If user sends its personal data in order to contact the Controller, or to ask any query or suggestions, personal data shall be stored while needed for that purpose and as long as any liability could bear as a result of the data processing. Statistical data resulting from the analysis of the website traffic are stored up to three years.
Data subject can exercise its rights to access, rectification, erasure, to restriction of processing, to object as well as to data portability, by writing to Apartado Correos 35 - 07740 MERCADAL (Illes Balears). E-mail: firstname.lastname@example.org. In case of non-conformity with the processing, data subject has the right to lodge a complaint with a Spanish supervisory authority: Agencia Española de Protección de Datos (www.aepd.es).
Child protection policy
The user providing its personal data through forms included in this web site declares who provides its personal data on this website formally declares being over eighteen years of age.
The access to this web site is forbidden to any person under the age of eighteen.
The Controller reminds people over the legal age, who could have minors under their charge, of the liability resulted from the incorporation by the minor of its personal data in order to request any product or service.
Besides, advises the user of the existence of software which could restrict the navigation, through filters or blockings, on specific contents.
Comments and contents published on social networks will become public information. Thus, users must be extremely careful when sharing private information. Controller shall not respond of the information users might have included on its social networks. Although, people whose personal data were published or appeared on the comments, could request the cancellation of those to the Controller.
II. LEGAL NOTICE
In accordance with the provisions of the Law 34/2002, on Services of the Information Society and Electronic Commerce, www.llatinaboats.com/ is property of TEÓFILO VALENTE HERNANDEZ (LLATINA BOATS MENORCA).
Firm name: TEÓFILO VALENTE HERNANDEZ
Address: CAMI TRAMUNTANA, 8, 07740 ES MERCADAL (ILLES BALEARS) - SPAIN
Tax ID number: 52992161T
Industrial and intellectual property. All industrial and intellectual property rights of this website, including trademarks, formats, graphic designs, texts, images and documents, are property of LLATINA BOATS MENORCA, or the legal or natural person, organisation or entity which was lawfully entitled, and are protected under Spanish and international industrial and intellectual property laws.
It is forbidden to reproduce the information or content contained on this website with no prior written consent by LLATINA BOATS MENORCA nor the entitled legal or natural person.
Having access to the website does not imply any resignation, transmission or assignment of such rights by LLATINA BOATS MENORCA nor by any other entitled legal or natural persons, unless otherwise expressly established.
It is prohibited to use the contents of this website for commercial purposes or for distribution, transformation or communication.
LLATINA BOATS MENORCA shall not be liable for any damage or loss resulting from such use, or that may arise as a consequence of the use of the information.
Both, access and use of its information of the web site, are the exclusive responsibility of the user.
The user is required not to use the information published on this website for illegal or wrongful purposes and not to damage the information itself or to carry out any action that could be contrary to this Legal Notice.
LLATINA BOATS MENORCA reserves the right to modify the content of the commercial offer of its products or services, whenever appropriate
LLATINA BOATS MENORCA can’t assure the absence of interruptions or failures in access to this website, although it shall make any possible efforts in order to avoid it.
Links to other websites
Links to other web sites, which might be found on this web, are a service to users. These web pages are not managed by LLATINA BOATS MENORCA, who shall not be responsible for the contents of this web sites, which are not regulated in this Legal Notice. When accessing these web sites, user shall take into account that their Privacy Policies may differ from our.
Applicable law and jurisdiction
This Legal Notice is governed by the current Spanish applicable law.
For the resolution of disputes that may arise as a result of the provisions under this policy, and relating its interpretation, application and compliance, the user, by accepting the conditions referred in this Legal Notice, expressly renounces to any other jurisdiction that might have corresponded.
In any case, within the Spanish jurisdiction, if the legislation allowed to undergo a specific place of jurisdiction, the user expressly renounces to it and submits itself to the jurisdiction of the Courts and Tribunals of MAHÓN.
GENERAL TERMS AND CONDITIONS
This contractual document will govern the General Conditions for contracting rental of traditional and contemporary boats (hereinafter, «Conditions») through the website www.llatinaboats.com/, owned by TEÓFILO VALENTE HERNANDEZ under the trademark LLATINA BOATS MENORCA, hereafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions will remain published on the website at the disposal of the USER to reproduce them and keep them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, since those in force at the time of placing orders will be applicable.
The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Accepting this document implies that the USER:
Has read and understood the above.
Is a person with sufficient capacity to enter into contract.
Assumes all the obligations set forth herein.
These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.
The PROVIDER informs that the business is liable and understands the current laws and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions implemented prior to the modification.
Identity of the contracting parties
On one part, the PROVIDER of the rental of traditional and contemporary boats contracted by the USER, TEÓFILO VALENTE HERNANDEZ, whose registered address is at CAMI TRAMUNTANA, 8 - 07740 ES MERCADAL (Illes Balears), TIN 52992161T and telephone number for customer/USER service +34 678239487.
And on the other part, the USER who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.
The contractual trade relationship involves the execution of a specific rental of traditional and contemporary boats, in exchange for a certain price which is publicly displayed on the website.
We inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:
1. General contracting clauses.
2. Activation of services.
3. Right of withdrawal (cancellations).
4. Online claims and dispute resolution.
5. Force majeure.
7. General information of the offer.
8. Price and period of validity of the offer.
9. Shipping costs.
10. Payment methods, charges and discounts.
11. Purchase process.
12. Suspension or termination of the contract.
13. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. ACTIVATION OF SERVICES
The PROVIDER will not reserve any of the rental of traditional and contemporary boats services until it has been verified that payment has been made.
Once the registration for the purchase of a service is received, by credit card or bank transfer, through the website, the PROVIDER will send an email to confirm the reservation.
The PROVIDER shall inform the USER in advance of the procedure to be followed when booking.
3. RIGHT OF WITHDRAWAL (cancellations)
The USER has the same rights and period to return and/or report possible flaws or defects in the service online as they do offline.
The PROVIDER must be informed of any return by emailing email@example.com, indicating the corresponding booking number.
In the event of a refund, the USER may be penalised for the concepts indicated below:
If the reservation is cancelled within 48h prior to the date of arrival, the total amount of the reservation will be refunded to the USER (100%).
The USER may terminate the contract without paying any penalty and obtain a full refund of all payments made if any of the essential elements of the rental are significantly modified that substantially affect the execution of the rental of traditional and contemporary boats and the PROVIDER, if applicable, fails to solve the problem by means of suitable alternative formulas, at no additional cost.
4. ONLINE CLAIMS AND DISPUTE RESOLUTION.
Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:
Postal address: TEÓFILO VALENTE HERNANDEZ, CAMI TRAMUNTANA, 8 - 07740 ES MERCADAL (Illes Balears)
Telephone: +34 678239487
Online Dispute Resolution
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between them, eliminating the need to resort to a court of law. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
In circumstances of force majeure or exceptional circumstances, for example, in the event of serious security problems at the destination that may affect the package, the USER may terminate the contract before the start of the rental of traditional and contemporary boats, without paying any penalty. The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
COVID-19: If due to mobility restrictions or any other reason related to the consolidated rules in the COVID-19 code, the USER cannot take the rental of traditional and contemporary boats, the registration fee will be refunded in full or he/she will have the possibility to use his/her reservation on a new date proposed by the PROVIDER.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these Conditions in their entirety.
7. GENERAL INFORMATION OF THE OFFER
The details of each rental are informed to the USER in their respective description on the website.
All sales and deliveries made by the PROVIDER are subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of TEÓFILO VALENTE HERNANDEZ or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.
Given the continuous technical advances and service improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as it does not affect the value of the services offered. These changes shall also apply in the event that, for any reason, the possibility of supplying the services offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each rental include Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include any other additional services and attachments to the service purchased.
The prices applicable to each service are those published on the website and shall be shown in Euros. The USER accepts that the economic valuation of some of the services may vary in real time.
Before making a purchase, all the details of the quote can be checked on-line: services, quantity, price, availability, charges, discounts, taxes and the total amount of the purchase.
Once the order has been placed, prices will be maintained regardless of whether the service is available.
The price of the rental of traditional and contemporary boats may only be increased if specific costs are incurred, e.g. fuel prices and if this is expressly stipulated in the contract, and in no case in the last twenty days prior to the start of the rental of traditional and contemporary boats. If the price increase exceeds eight percent of the rental of traditional and contemporary boats price, the USER may terminate the contract. If the PROVIDER reserves the right to increase the price, the USER shall be entitled to a price reduction if the corresponding costs are reduced.
The PROVIDER shall be liable for errors due to technical defects that occur in the booking system attributable to them, as well as for errors made during the booking process, when the PROVIDER has agreed to manage the booking of a rental of traditional and contemporary boats or travel services that are part of linked travel services.
The PROVIDER shall not be liable for booking errors attributable to the USER or caused by unavoidable and extraordinary circumstances.
If, at the start of the rental of traditional and contemporary boats, significant elements of the package cannot be provided, the PROVIDER shall offer the USER suitable alternative formulas, at no additional cost. The USER may terminate the contract without paying any penalty in case of non-performance of services when this substantially affects the execution of the rental of traditional and contemporary boats and the PROVIDER is unable to solve the problem.
The USER shall be entitled to a price reduction and/or compensation for damages in the event of non-performance or improper performance of the travel services.
Any payment made to the PROVIDER entails sending an invoice in the name of the USER or of the company name that they indicated while placing the order. This invoice will be sent in PDF format and with consent (art. 63.3 RD 1/2007) to the email address provided by the USER.
For any information about the order, the USER may contact the PROVIDER’s customer service by calling +34 678239487 or by emailing firstname.lastname@example.org
9. SHIPPING COSTS
There are no shipping costs.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and accepts the following payment methods for orders:
The website uses generally accepted information security techniques within the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the USER agrees that the PROVIDER will obtain data for the purpose of the corresponding access control authentication.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited by the card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder.
11. PURCHASE PROCESS
Basket (budget simulation)
Any service from our catalogue can be added and you can view the selected services, quantity, price and total cost. The taxes, charges and discounts will be calculated according to the details entered.
Follow the steps below to correctly book:
1. - Confirm billing details.
2. - Check the method of service provision.
3. - Select payment method.
4. - Place your reservation (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the e-mail of the USER confirming that the order has been placed.
Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the reservation, as well as all the relevant information.
12. SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, the term in question shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
LLATINA BOATS MENORCA may, without prior notice, suspend or terminate the USER’s access to its services and training, in whole or in part, for any valid reason, including, without limitation, where USER fails to comply with or follow any of the obligations set forth herein or any applicable provision of law, license, regulation, directive, code of practice or usage policies.
Where LLATINA BOATS MENORCA exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to LLATINA BO.
13. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Terms and Conditions to the courts and tribunals of the USER’S place of residence.