Terms of Service for Customers
Last Updated: June 20, 2023
In compliance with article 10 of Law 34/2002, of 11th July, on Information Society Services and E-Commerce (LSSICE), Andrés Torrijos Pérez (hereinafter, “Barcelona Sailing Tour”) is responsible for this website and it makes this information available to Users, setting out its Terms of Use.
In addition to the contents presented herein, specific details related to personal data protection and the privacy of our website’s Users are available in the Privacy Policy and Cookies Policy sections of the website.
Data Controller Identity
Company Name: Andrés Torrijos Pérez
Trade Name: Barcelona Sailing Tour
Tax ID No.: 47775363Q
Registered Office: C/ Perú, 186 Bis - 08020 - Barcelona - Spain
Activity: Tourism
Telephone: +34 607 289 619
Email: hello@barcelonasailingtour.com
Domain Name: www.barcelonasailingtour.com
Purpose of the website
The purpose of the Barcelona Sailing Tour website is to offer website visitors tickets for activities related to boat tours from Barcelona or its surroundings. Additionally, it aims to provide information related to the website’s sector of activity.
Legal framework
This website’s activity is subject to the Spanish and European legal framework, specifically the following standards:
General Data Protection Regulation (GDPR) (EU) 2016/679, of 27th April, regulating personal data processing in the countries of the European Union.
Law 3/2018, of 5th December, on Personal Data Protection and Digital Rights (LOPD and GDD), standards of territorial scope (applicable to Spain), that define and expand on many of the concepts and regulations outlined in the GDPR.
Law 34/2002, of 11th July, on Information Society Services and E-Commerce (LSSICE), a law that affects websites that, in some way, carry out economic activities through electronic means, as is the case with this website.
Terms of Use and liability
Any person accessing this website assumes the role of User, and they undertake to strictly observe and comply with the terms and conditions established herein, as well as any other legal provisions that may be applicable. Barcelona Sailing Tour will not be liable for any damage - to itself or to third parties - caused by the User making use of this website.
Barcelona Sailing Tour provides access to articles, information, services and data that it owns or is owned by third parties. These articles, information, services and data are prepared solely for information purposes. They are of general interest, which may not reflect the current status of legislation or jurisprudence, and they refer to public situations. Therefore, the User should not necessarily apply their content to specific cases. The content of this website, consequently, cannot be considered a substitute for legal advice under any circumstances.
Barcelona Sailing Tour reserves the right to amend any information that may appear on the website, at any time and without prior notice, without being obliged to advise or inform Users of said amendments in advance, and both parties understand that publication on this website constitutes sufficient consent.
This website has been reviewed and tested to ensure it works correctly without interruption. However, Barcelona Sailing Tour cannot rule out the possibility of certain programming errors, lack of timely availability (for example, server crashes, or maintenance thereof) or the occurrence of force majeure, natural disasters, strikes, or similar circumstances that make temporary access to the website impossible. Likewise, Barcelona Sailing Tour cannot guarantee the uninterrupted or error-free operation of this website, nor is it responsible for viruses originating from a telematic transmission infiltrated by third parties and generated to negatively affect a computer system.
The User agrees not to use this website or, if applicable, the services or products offered herein, to carry out activities contrary to law, public order or these Terms of Use. Therefore, Barcelona Sailing Tour is not liable for the information and content stored herein, including but not limited to forums, chats, blog generators, comments, social networks or any other means that allow third parties to publish content. However, and in compliance with the provisions of sections 11 and 16 of the LSSI-CE, Barcelona Sailing Tour is made available to all Users, authorities and security forces, and it will actively collaborate on the removal or blocking of any content that could affect or contravene national or international legislation, third-party rights, or morality and public order. If a User believes any content on the website may be classed as such, please inform our staff immediately.
Barcelona Sailing Tour reserves the right to deny or remove access to the website without prior warning - as the result of an internal request or a request from a third party - to Users who violate our Terms of Use.
Intellectual property
This website, including but not limited to programming, editing, compilation and other elements necessary for its operation, as well as its designs, logos, text and graphics, are the property of Barcelona Sailing Tour or, where applicable, they are made available to Barcelona Sailing Tour via license or express authorisation of their owners.
Technical property regulations duly protect all the contents of the website registered in the corresponding public registries. In addition, total or partial reproduction and publication of the website are not permitted, nor is its computer processing, distribution, dissemination, modification or transformation, without prior written permission being obtained first.
Barcelona Sailing Tour will ensure compliance with the above terms and conditions, as well as proper use of the contents presented on its web pages. It will exercise all civil and criminal actions that correspond in the event the User breaches these rights.
The designs, logos, text and graphics outside of Barcelona Sailing Tour that may appear on the website belong to their respective owners, who are themselves responsible for any possible controversies that may arise concerning them. In any case, Barcelona Sailing Tour has obtained express and prior authorisation from the owners to use their media content. Barcelona Sailing Tour acknowledges that the content owners possess the corresponding industrial and intellectual property rights, with mere mention or appearance on the website not implying that the Data Controller has rights or responsibilities related to them, nor will they imply endorsement, sponsorship or recommendation by the same.
Links to third-party websites
Barcelona Sailing Tour may make available to the User links or other elements that allow access to other websites belonging to third parties. We do not market the products and services on these linked pages, nor do we assume any liability for them, the information contained therein, their veracity or legality, or any effects that may arise.
In any case, Barcelona Sailing Tour states that it will proceed to immediately withdraw any content that may contravene national or international legislation, morality or public order, by quickly removing the link to the website in question and bringing any critical cases or questionable content to the attention of the competent authorities.
Jurisdiction and applicable law
The relationship between the Data Controller and User is governed by Spanish law, to which both parties expressly submit. English is the language used to draft and interpret this Legal Notice. Barcelona Sailing Tour and the User agree to submit to the courts of the User’s place of residence in order to resolve any disputes or issues related to this website or the activities developed on it.
Use of the boat
The CUSTOMER (the purchaser of the online ticket and all passengers linked to this purchase) and the ORGANIZER (Responsible for the Barcelona Sailing Tour website) agree to:
The CUSTOMER ensures proper use of the WC, preventing the disposal of non-organic items (such as toilet paper of any type, wipes, compresses, etc.) in it. In the event of a toilet system blockage, a fee of €250 will be charged to the individual responsible for misuse.
The CUSTOMER ensures the avoidance of staining the textile elements of the boat (sheets, cushions, sofas, covers, etc.). In the event of staining, the CUSTOMER will be responsible for the cleaning or replacement costs.
Smoking inside the boat is strictly prohibited. If smoking outside, please ensure that no remnants or cigarette butts fall onto the deck of the boat.
Illegal drugs and weapons are STRICTLY PROHIBITED on board.
The ORGANIZER or the skipper of the vessel reserves the right to refuse boarding to any CUSTOMER who exhibits symptoms of alcohol intoxication.
Do not bring weapons, narcotics, or any products that may contravene Spanish legislation on board.
The insurance for the vessels provides coverage for individuals, but it is limited and does not cover accidents occurring outside the boat or the losses or damages that passengers' personal belongings may suffer on board the vessel.
Minors must always be accompanied or supervised by an adult and not under the responsibility of the crew.
The use of water toys on board (including seabobs) is entirely at the Customer's risk, and they agree to indemnify, defend, and hold harmless the ORGANIZER, its charterers, brokers, captains, and employees from and against any lawsuits, damages, expenses, or liabilities arising out of the performance of this Agreement or the use of auxiliary vessels, including but not limited to claims, damages, expenses, or liabilities for fines, losses, or damages to any property, or for death or injury to any person or persons. Any damages that may be caused to any persons, property, or to the rented vessel itself due to the use of these items during the validity of this agreement shall be borne and paid for by the COSTUMER in all cases with their present and future assets. This clause serves to expressly exempt the ORGANIZER from any liability related to its content.
Alcohol on board is not permitted unless authorized by the ORGANIZER.
The CUSTOMER agrees to use and maintain the vessel in good condition, as well as to be responsible for the integrity of all items listed in the inventory, therefore, being liable for any damage, breakage, theft, or loss.
The skipper shall be responsible for the vessel and navigating under appropriate safety measures, whereby the CUSTOMER and the rest of the passengers commit to obeying the instructions of the skipper and the crew at all times.
The CUSTOMER is responsible for their own actions on board and for all actions of the individuals listed on the passenger list linked to the purchase of their ticket.
The ORGANIZER is not responsible for any damages or losses that may occur to the personal belongings of the CUSTOMERS during the nautical experiences period.
In the event of non-compliance with the obligations contained in this contract, the CUSTOMER, along with all members of their ticket purchasing group, is liable for any resulting responsibilities.
Should any claims be made against the CUSTOMER by a third party, the CUSTOMER releases the ORGANIZER from any liability.
Americas Cup
Non-official trainings: Unofficial trainings are not scheduled on any calendar, so it cannot be guaranteed 100% that they will take place. The COSTUMER assumes the risk of not seeing any AC boat, and this is not grounds for a refund of the activity ticket.
Races and official trainings: If a race or official training scheduled for a particular date is canceled due to weather conditions, your reservation will automatically be rescheduled for the new date. Please note that refunds will not be provided if the race is canceled for any reason, and if you are unavailable for the rescheduled date (typically the following day).
Cancellations
Free Cancellation: Once the reservation is made, you have up to 24 hours to cancel it, and you need to provide at least 4 days' notice before the activity. 50% Refund: After 24 hours from when the reservation is made, you need to provide at least 4 days' notice before the activity.
Customers will receive a full refund or credit in the event of operator cancellation due to weather or other unforeseen circumstances. Alternative dates will be provided prior to cancellation. To cancel or inquire about a cancellation, please contact us via email at hello@barcelonasailingtour.com. If you do not attend the activity, you will be charged the full price.
The nautical experiences may be canceled by the ORGANIZER in the event of:
Adverse weather conditions affecting the safety of participants: In case of dangerous weather or sea reports (exceeding force 6 Beaufort or 25 knots of wind).
Any logistical reason that prevents the activity from taking place, such as not reaching the minimum number of participants required for the activity.
Customers will receive a full refund or credit in the event of operator cancellation due to weather or other unforeseen circumstances.