• Has read and understood the above.
• Is a person with sufficient capacity to enter into contract.
• Assumes all obligations set forth herein.

These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.

The USER, in order to access the services offered by the PROVIDER, must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and the Organic Law 3/2018 of 5 December (LOPDGDD), as detailed in the Legal Notice and Privacy Policy found on this website.

Identity of the contracting parties

On one part, the supplier of the goods or services contracted by the USER, AUTO BOAT ROCA SL, whose registered address is at Explanada del Puerto, s/n – 07638 Colonia de Sant Jordi (Illes Balears), TIN B07631948 and telephone number for customer/USER service 971655222.

And on the other part, the USER, registered on the 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 boat rental 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 rental relationship involves the delivery of a specific service, in exchange for a certain price which is publicly displayed on the website.

Contracting procedure

The USER, in order to access the services offered by the PROVIDER, must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and the Organic Law 3/2018 of 5 December (LOPDGDD), as detailed in the Legal Notice and Privacy Policy found on this website.

Once the USER has entered personal data, 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. Claims.
3. Force majeure.
4. Competency.
5. General information of the offer.
6. Price and period of validity of the offer.
7. Payment method, expenses and discounts.
8. Cancellations and returns.
9. Applicable law and jurisdiction

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing a reservation 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. COMPLAINTS

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: AUTO BOAT ROCA SL, Explanada del Puerto, s/n – 07638 Colonia de Sant Jordi (Illes Balears)

Telephone: 971655222

Mail: oficina@nauticacolonia.com

Online Dispute Resolution (ODR)

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online access platform for the resolution of conflicts between the USER and the PROVIDER without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. 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. 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/

3. FORCE MAJEURE

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.

4. COMPETENCY

The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the rent.

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 General Terms and Conditions in their entirety.

5. GENERAL INFORMATION OF THE OFFER

The boat rental made by the PROVIDER are subject to these General Terms and Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of AUTO BOAT ROCA SL 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.

6. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each rental include Value Added Tax (VAT) or any other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, insurance or any other additional services and attachments to the service purchased.

The prices applicable to each rental 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.

Once the reservation has been placed, prices will be maintained regardless of whether the services are available.

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 reservation. This invoice will be sent with the purchased service to the email address provided by the USER.

For any information about the reservation, the USER may contact the PROVIDER’s customer service by calling 971655222 or by emailing rgpd@nauticacolonia.com.

7. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER accepts the following payment methods for orders:

• VISA, MASTERCARD, PAYPAL

Payment of 50% of the boat as a reservation. The rest in person (office) when they collect a boat.

Extras will be paid in full (100% of the amount) at the time of booking, along with 50% of the boat.

BOND:

• The deposit will be made in person using VISA or MASTERCARD.
  • Vessels with title: € 1000
  • Boats without certification: € 500

8. CANCELLATIONS AND REFUNDS

• Before a month: 100% refund of the reservation
• Before 15 days: Refund of 50% of the reservation
• Less than 15 days: No refund
• Cancellation due to bad weather: Search for another alternative date or refund of 100% of the reservation.
• Cancellation due to breakdown of the boat: Search for another alternative date, alternative boat for the same time or return of 100% of the reservation

4. 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 services covered by these Conditions to the courts and tribunals of the USER’S domicile.

In the event that the USER lives outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Courts and Tribunals closest to Colonia de Sant Jordi (Spain).