Allgemeine Vertragsbedingungen

PRE-CONTRACT INFORMATION

1. These general contracting conditions together, where appropriate, with the particular conditions that may be established, will expressly regulate the relationships that arise between REDSTARTOURS S.L., domiciled at Calle Cal Reiet, nº 14, 07650 Santanyí, Mallorca with N.I.F. B57908741 (hereinafter REDSTARTOURS) and natural persons (hereinafter "Users") who contract the provision of the services or products offered through the Web: www.redstartours.com and its subdomains: en.redstartours.com, fr.redstartours .com, ca.redstartours.com, de.redstartours.com, it.redstartours.com (hereinafter website)

2. These General Conditions have been prepared in accordance with the provisions of Law 34/2002, on services of the information society and electronic commerce, Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998, Royal Legislative Decree 1/2007 which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws, Law 7/1996 on Retail Trade Regulation, Law 59/2003 regulating the Electronic Signature and as many legal provisions as applicable.

3. By the use and / or the provision of any of the services of the Web, they imply the acceptance as Users, without reservations of any kind, to each and every one of the General Contracting Conditions, of the General Conditions of Use of the Web as well as, where appropriate, the Particular Conditions that, where appropriate, govern the acquisition. By using the Web or making a reservation or purchase through it, you accept the contracting conditions and the company's privacy policy, stating that you have read and accepted these conditions without reservation. You are also warned that the conditions could be modified, so you should read them before placing each order.

4. REDSTARTOURS informs that the procedures to carry out the acquisition of goods and / or obtain the provision of the services offered, are those that are described in these general conditions, as well as those other specific ones that are indicated on the screen during navigation, of so that Users declare to know and accept said procedures as necessary to access the products and services offered on the Web.

5. Users who contract services through the website state that they are of legal age (18 years) and have the legal capacity to contractually link. Otherwise, authorization from parents or guardians is required to enjoy the contracted service.

6. There will be no contract or mandatory relationship between the users of the website and REDSTARTOURS, in relation to any product, until your order or reservation has been expressly accepted by us, when after receiving the CONFIRMATION OF THE REQUEST, from the CONFIRMATION OF THE RESERVATION will be sent to you by email, at which time the contract will be understood as formalized, and specifically when the company accepts the offer made by you.

The applicable prices are those indicated on the website (except for manifest error) on the date of the order. REDSTARTOURS reserves the right to make, at any time and without prior notice, the modifications it deems appropriate, being able to update, even daily, products, services and prices.

Once you have selected the service you want to book, you must process the reservation and make the full payment of its amount through paypal, stripe. Visa, Mastercard, American Express, Maestro cards.

2. CONDITIONS OF TRANSPORT CONTRACT OFFERED BY REDSTARTOURS

1. Only people provided with their ticket, issued directly by any of our offices, may board. These tickets may be personal or collective (when applicable to a group of people). The bearer of this ticket is covered by the benefits established in R.D.1575 / 1989 of December 22.

2. Those passengers who formalize their reservation through email, on our website (on-line booking voucher, with their locator number) or through any sales channel, must collect their boarding pass at any of our offices. from the port at least 10 minutes before the departure of the boat.

3. This boarding pass is valid for travel only on the date and time indicated.

4. The boarding acceptance deadline is 5 minutes, time in advance of the official scheduled departure time. After this time limit, the shipment will be closed. REDSTARTOURS does not incur any responsibility for the non-acceptance of boarding of the passenger or passengers. The passenger or passengers who do not board for reasons beyond REDSTARTOURS will not have the right to a refund of the ticket amount.

5. Conditions for canceling reservations and tickets. The cancellation of the reservation or ticket by the passenger or passengers issued for a certain date, if it is made between 24 and 0 hours before the departure of the boat, will carry the penalty for the total amount of the ticket or reservation.

6. The passenger may obtain from the Company the refund of the ticket amount, in case of not using it, in accordance with the following conditions:

1. If the request is presented within 48 hours before departure, 100% of the amount paid will be refunded.

2. In the requests presented within the 24 hours prior to the departure of the ship, 20 percent will be deducted from the amount of the ticket.

3. Tickets presented to be canceled less than 24 hours before the departure of the ship will not be refunded, whether the reservation has been made on the same day of departure, or before.

7. In case of requesting the cancellation of the ticket once the online booking voucher has been issued, the corresponding refund will not be made until after the date of the trip and after checking that they have not been used. As long as it is canceled complying with the return conditions of point 2.7.

8. Reimbursement of the ticket, booking or reservation voucher, will be made according to the payment method used for the purchase of the ticket, reservation or reservation voucher.

9. The carrier will not accept any claim that is not accompanied by the corresponding ticket used by the passenger or booking voucher with their locator number.

10. The passenger who does not board, for any reason beyond the control of the Company, will not be entitled to a refund of the ticket amount.

11. The schedules and itineraries may suffer variations due to breakdowns, fortuitous event or force majeure. In such cases, the company will adopt reasonable measures under control to bring these variations to the attention of the affected passengers.

12. In case of need, the carrier can be replaced by another carrier or use other ships.

13. In the event that the company should cancel the contracted service, for any reason, REDSTARTOURS assumes no more responsibility than the obligation to refund the full amount of the ticket.

14. REDSTARTOURS has an agreed insurance policy that covers transportation, subject to the conditions of the Mandatory Travel Insurance.

15. The passenger must inform REDSTARTOURS of any physical ailment that may be aggravated as a consequence of transportation, as well as pregnancies, for which, the carrier is not responsible for any damages that may occur.

16. Claim for loss or damage. The carrier will only be liable for damages to the passenger up to the limit that the Mandatory Travelers Insurance covers.

17. REDSTARTOURS is not responsible for possible theft or loss of personal belongings of passengers. Passengers are recommended to carry valuables with them.

18. Any exclusion or limitation of liability of REDSTARTOURS will apply and benefit its agents, employees and representatives and any person or entity whose ship uses REDSTARTOURS for transport and its agents, employees and representatives.

19. Restricted articles. They cannot be transported as baggage without the express authorization of REDSTARTOURS: Compressed gases (flammable, non-flammable and poisonous). Corrosive, such as acids, chemical dyes, batteries. Explosives, ammunition, firecrackers, or any other class of items that are easily flammable. Flammable liquids or solids, such as matches, lighter fuel, alcohol. Oxidizing substances. Poisons Radioactive materials. Other articles, such as mercury, magnetic material, irritating materials and in general any product or object that may pose a danger to passengers or the boat. It is also forbidden to carry illegal trade goods on board.

20. The passenger is subject to the police regulations and good internal order, established on board and in charge of the Skipper.

21. No REDSTARTOURS employee, crew member, agent or representative may modify or waive any of the conditions of this contract of carriage.

22. Should any provision of this lease be insufficient or incorrect, the remaining conditions would not be affected at any time. In case of doubt regarding the interpretation of any text in a foreign language, the Spanish text will prevail.

23. All the information provided by the passenger when booking or buying a ticket, both in our facilities and through our website or any other sales channel, must be correct. Otherwise RESTARTOURS is not responsible for any problems that may arise for this reason, reserving the right to not process the reservation or sale if any falsehood or incorrectness is detected in said data.

24. With these conditions of transport the passenger is subject to the data protection law Organic Law 15/1999 of December, on the Protection of Personal Data.

3. BOAT RENTAL CONDITIONS OWNED BY REDSTARTOURS

1. The validity of this contract is subject, as a condition precedent, to the payment, by the lessee, of the amount of the reservation, the reservations not being effective until the indicated payment.

2. On the day of shipment, the lessee will provide the lessor with the deposit indicated in the specific conditions, which will respond to cancellations, breakdowns, breakages, damage, theft, delays in returning the boat, differences in inventory and equipment, compensation, misuse, negligence and penalties of any kind agreed in this lease or that may arise as a consequence of non-compliance. It will also be liable for damages of any kind that may be caused to third parties as well as the amounts of sanctions and fines that may be imposed on the lessee as a consequence of the use of the leased vessel. All this without prejudice to the legal actions that were appropriate to claim those amounts that exceed the bail. Returned the boat in the agreed term, made the conformity checkout and fulfilled by the lessee all the duties arising as a consequence of the agreed in this lease, the deposit will be returned at the checkout. In the event of discrepancies between the parties regarding the return conditions of the vessel and inventoried goods, the deposit will be returned at the time of termination of the dispute that arises.

3. The vessel that is the object of this lease is covered by the insurance policy, the lessee expressing its content and scope, forcing itself to take whatever measures are necessary to act in accordance with the obligations contained therein, being, in its case, the only responsible for the consequences derived from the breach of such obligations.

4. The lessee is responsible for all the acts of the people indicated in the passenger list, which may not exceed in any case the maximum capacity of the boat.

5. It is strictly forbidden to use the boat for the transport of goods, of travelers other than those indicated in the previous point, the shipment of weapons, animals, narcotics or any toxic or dangerous substance.

6. The lessee is obliged to use the boat exclusively as a tourist or recreational charter, so in no case can it be used for commercial operations, professional fishing, transport, sports competitions, and any other incompatible with the destination of the boat.

7. The lessee as the sole responsible for the boat during the lease will use it responsibly, abiding by the rules of the authorities with powers to that effect, being solely and exclusively responsible for the consequences arising from non-compliance with them.

8. The negligence or improper use of the boat, infringing the current legislation on the part of the lessee, will be sufficient reason for the instant termination of the lease, the amounts paid up to that moment being in the possession of the lessor without the right to reimbursement of the same. by the lessee. In case of infringement by the lessee of the customs ordinances or of any other Administration, he will be liable for all the fines, sanctions or responsibilities that may arise, as well as all its consequences. In case of capture of the boat, the lessee will pay the lessor as compensation for the damages caused an amount equal to double the daily rental price for each day that elapses until the restitution and delivery of the boat takes place. In case of confiscation, the client will pay the full value of the boat within eight days. In both cases, the lessee will lose, for the benefit of the lessor, the amounts delivered and all of this without prejudice to the legal actions that were appropriate to claim how many damages all this caused.

9. The subletting or transfer of the boat by the lessee is totally prohibited.

10. REDSTARTOURS is not responsible for any damage or loss that may occur to the personal property of passengers that may be on the boat.

11. The lessee must deliver to the lessor the following documentation: ID or passport of the lessee, documentation that proves that the skipper of the boat has the requirements for the management of the boat and crew list, which will include all the people who They will board with the lessee (whatever their age) with their identifying information.

12. The navigation area will be the one stipulated in the particular conditions of this lease, also limited to the powers of the skipper. Failure to comply with this obligation will imply the automatic termination of the rental contract with the loss of the amounts delivered for this purpose and all this regardless of the payment of the expenses and responsibilities that may arise from said misuse.

13. The boat will be delivered, where appropriate, with full water and fuel tanks.

14. All the extra expenses of provisioning, fuels, lubricants, gas, ice, moorings in ports and marinas, and in general the material and maintenance expenses of the boat during the lease, will be the sole responsibility of the lessee, not being included in the rental price.

15. If, due to damage caused during the lease or other causes not attributable to the lessee, it is not possible to continue on the leased boat, the lessor will refund the amount paid or will provide a boat with similar characteristics, if possible, at the option of the lessee. In no case will it give the right to extend the rental period.

16. The lessee will not order any repair without first having indicated the fault to the lessor who must grant his permission.

17. Damages as a result of the negligence, ineptitude or poor use of the boat by the lessee, will be paid by the latter in its entirety, and the lessor will terminate this lease and reserve the exercise of claiming the damages. and damages that the damage could cause. In such case, the provisions of point 3.15 of this document will not apply.

18. The lessee is obliged to immediately inform the lessor of any claim and immediately transmit to him any letters, citations or notifications that refer to said claim and to provide full collaboration to the lessor and the Insurance Company in the investigation and defense of any claim and process.

19. In the event of theft of the boat, the lessee is obliged to file the corresponding report of the fact with the competent authority, delivering it to the lessor to whom he will have immediately and urgently informed of the theft.

20. The personal data contained in this lease is protected in accordance with Organic Law 15/1999, of December 13, on the Protection of Personal Data. These data may only be processed and transferred for the purposes of collection management companies, and for carrying out advertising campaigns by the lessor.

21. Any claim that the lessee wishes to make must be made in writing at the time of the return of the boat at the end of the lease.

22. For the solution of any controversy as a result of this lease, the parties submit to the Administrative Authorities and Courts of Palma de Mallorca, the relationship between them being governed by Spanish Law.

23. In the event that any provision of this lease agreement is insufficient or incorrect, the remaining conditions will not be affected at any time. In case of doubt regarding the interpretation of any text in a foreign language, the Spanish text will prevail.

24. Prior to the delivery of the boat, and within business hours, both parties will proceed to the checking and corresponding inventory. Once completed, the corresponding accreditation and compliance document will be signed. The lessee may not refuse to carry out the checking or sign, even with the warnings he deems necessary and necessary, the prevented document. If for any reason the checking is carried out within the lease term, this will not give the right to an extension of said term.

25. The boat must be returned at the time and place determined in the particular conditions of the lease. At the time of the return, the checkout will be carried out between the parties, issuing at the end of it the corresponding accreditation and compliance document.

26. The period of duration of the lease provided in the particular conditions of the lease may not be varied or altered without prior authorization from the lessor.

27. In the event that the lessee does not return the leased vessel at the agreed time and place, he must pay the lessor, as compensation for damages, equal to three times the daily rental price for each day of delay, or the equivalent fraction in case the delay was less than a day.

28. Failure to deliver, in addition, within the scheduled day and time, the lessor may initiate the search by communicating it to the necessary maritime authorities. In this case, all the expenses that this generates will be borne by the lessee.

29. The boat must be returned in identical operating conditions, equipment and inventory, to those of its delivery at the beginning of the rental. If after the checkout any deterioration or breakage in the equipment and operation of the boat, or loss of items in the inventory and equipment, will be borne by the lessee the amount of repairs and replacements. All the damages that the deteriorations or losses produced, in the event that they were not covered by the vessel's insurance policy, will be borne by the lessee. And in the event that they are covered by the policy, the lessee will bear, where appropriate, the amount of the franchise.

30. In the event that the lessee withdraws from the lease, he may obtain a refund in accordance with the following conditions:

1. If the request is presented within 48 hours before departure, 100% of the amount paid will be refunded.

2. For applications submitted within 24 hours before the rental date, 50 percent of the rental amount will be deducted.

31. If due to breakdowns or for any reason beyond the lessor's will, produced prior to the start of the lease, it was not possible to deliver the leased boat, a boat with the same or similar characteristics would be delivered. If this is not possible, and at the choice of the lessee, a lower category boat will be delivered (with the consequent refund of the proportional difference in the rental price) or the full price paid up to that moment for the lease will be returned.

4. PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES

1. Through this website, users can contract and reserve products or services offered by third-party companies. The realization of the users of reservations or purchases of products or services belonging to third parties will be subject to the specific terms and conditions that such providers establish for each case.

2. Suppliers of products or services, within the scope of their respective obligations, will be responsible to users for compliance with the obligations derived from the regulations in force and the terms and conditions of sale of each of the products and services. they are contracted, without REDSTARTOURS assuming any obligation or responsibility regarding those products or services that it does not provide directly.

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