Legal | Santa Cruz de Tenerife | Blueoceanyachtcharter

Acceptance of Terms of Use.

Papillon yacht services Sl. owns and operates this website Blueoceanyachtchartertenerife.com.

IT IS IMPORTANT THAT YOU READ THE TERMS AND CONDITIONS CAREFULLY. This document states the terms and conditions under which you may access and use the website. By accessing and using the website you are indicating your acceptance to be bound by these terms and conditions. If you do not accept these terms and conditions, you must not access or use the website, in which case your sole and exclusive remedy is to discontinue using it.

Papillon yacht services Sl. my revise this document at any time by updating this posting. Use of the website after such changes are posted will signify your agreement to the revised terms.

Ownership.

All materials displayed or otherwise accessible through the website, including but not limited to text, photographs, images, illustrations, video clips are protected under Spanish and foreign copyright or other laws, and are owned by Papillon Yacht services Sl. , its licensor, or party accredited as the provider of the content. The website is also protected under intellectual property law as a collective work and/or compilation pursuant to spanish and foreign laws.

You shall abide by all additional copyright notices, information and restrictions on or contained in any of the content accessed through the website.

Any use, reproduction, alteration, modification, public performance of display, uploading or posting onto the internet transmission, redistribution or other exploitation of the website or of any content, whether in whole or part, other then expressly set out herein, is prohibited without the express written permission of Papillon yacht services Sl.

Disclaimer of Warranties

The website and all content is provided as it is, By accessing and using the website you acknowledge and agree that use of the website and the content is entirely at your own risk. Papillon yacht services sl. makes no representations or warranties regarding the website and the content, including but not limited to (I) that the website and/or the content will be accurate, complete, reliable, suitable and timely; (II) that any content, including but not limited to any information, data, products, services contained in or made available through the website will be of merchantable quality or fit for a particular purpose; (III) that the operation of the website will be uninterrupted or error free; (IV) that defects or errors in the website will be corrected; (V) that the website will be free from viruses or harmful component; (VI) that communications to or from the website will be free from viruses or harmful component; (VII) that communications to to from the website will be secure or not intercepted.

Limitation of Liability

Subject to applicable law, in no event shall Papillon yacht services Sl., its stakeholders, its officers, managers, employees, agents, licensor, or their respective successors and assigns, be liable for any special, indirect, incidental, or consequential damages of any kind, including but not limited to any loss or damages in the nature of or relating to lost businesses, lost savings, lost data, and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Papillon yacht services Sl. knew of or ought to have known of the possibility of such damages. In no event shall Papillon yacht services sl, its stakeholders, its officers, managers, employees, agents, licensor, or their respective successor and assigns, be liable for losses and/or damages under this agreement, whether arising in contract (including fundamental breach), tort (including negligence),or otherwise, exceeding one hundred US dollars, even if Papillon yacht services sl. has been advised or ought to have known of the possibility of such damages. In no event shall Papillon yacht services sl, its stakeholders, its officers, managers, employees, agents, licensor, or their respective successors and assigns, be liable for any losses and/or damages arising from the failure of Papillon yacht services Sl. or your failure to protect your own personal information.

Papillon yacht services Sl. expressly disclaims any and all liability for the acts, omissions, or conducts of any third-party user of the website or any advertiser or sponsor of the website. Under no circumstances shall Papillon yacht services Sl., its stakeholders, its officers, managers, employees, agents, licensor, or their respective successors and assigns, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party user; and (ii) any use or inability to use any materials, softwares, goods, or services located at or made available at any website linked to or from the website.If you decide to access or use any linked website or content, materials, software, goods, or services from a website linked to the website, you do so entirely at your own risk.You hereby release Papillon yacht services sl, its stakeholders, its officers, managers, employees, agents, licensor, or their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available throughout the website, or by third parties through the website.

No Advice

The information contained on the website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.

Linking

The website contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Papillon yacht services sl. of the contents of such third-party web sites. Papillon yacht services sl. is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.

While Papillon yacht services Sl encourages links to the website, it does not wish to be linked to or from any third-party web site which (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Papillon yacht services Sl. or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Papillon yacht services Sl. reserves the right to prohibit or refuse to accept any link to the website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Web site upon the request of Papillon yacht services Sl.

Rental Terms:

These rental terms and conditions applies to the website owned and operated by Papillon yacht services sl.

1. Contract of Hire

All bookings are accepted by Papillon yacht services Sl. and are subject to these conditions which are deemed to have been accepted in full by the hirer and all persons in the party. Bookings can be made by email or through the website and would be deemed to be accepted once payment is received.

2. Deposit
A non-refundable deposit of 50% of the total cost is required to secure your booking. If you make your booking within 60 days prior to arrival then a full payment is required to secure your booking. Your booking confirmation must be made by email and will be held provisionally for three working days within which the payment has to be made into the account of Papillon yacht services Sl.

3. Security Deposit
For our Corporate Sailing Events, Birthday cruising or Fun day out we require a security deposit of 500 Euro. The security deposit needs to be paid in our account before departure of the vessel. When the deposit has not been booked into our account the booking will then be canceled and all previous payments will not be refunded.

4. Confirmation of booking
Your booking is only confirmed when you receive the Booking confirmation statement which we will issue within 24 hrs. after your payment has been booked on our account. A booking confirmation statement will be send to you by email.

5. Final Payment
The remaining balance has to be paid 60 days prior to arrival. We will issue an invoice 7 days prior to the time when final payment has to be made. If for whatever reason you fail to settle the final payment before its due date, your booking will be automatically released and all previous payments you have made will be forfeited.

6. Form of Payment
Unless otherwise agreed in writing, all payments prior to your arrival date shall be made by bank transfer. Please consult our payment instruction page for further instructions. If there is no damage caused by your negligence, refund by the deposit will be made by cash or bank transfer at the latest one week after your departure.

7. Cancelation by hirer
Cancelation in any case will affect in full forfeiture of any payment you have made related to your booking. Therefore we recommend to take out a Travel insurance which covers these kind if incidents.

8. Alterations and cancelations by us
In the unlikely event that a charter becomes unavailable die to circumstances beyond our control, we will offer an alternative period if possible, Alternative charter if possible or a full refund of the payments you have made. The refund is only limited to the rental costs. We are not liable to cover costs that may incur related to your travel arrangements i.e. administration fee to reschedule your flights etc...

9. Alteration charges
In general, confirmed bookings can not be altered, Therefore a travel insurance that covers such incident is strongly recommended. In case alteration is allowed, an alteration to the booking period can only be accepted upon availability of another charter. If your new period falls in a different season where charter prices are lower, no refund will be paid. If your new period is longer than your initial period, you will have to pay additional costs, If your new period is shorter then your initial period, no refund will be paid.
In addition a 100 Euro administration fee is applicable and the new period will only be confirmed as soon as all payments related to the change are transferred in the account of Papillon yacht services Sl.

10. Occupancy
Upon confirmation you will be required to provide us a lost of all members on board. The maximum members allowed on board of our vessel is 12 Persons. Under no circumstances you are allowed to exceed the maximum occupancy.
Animals are not allowed aboard our vessel.
Smoking is prohibited on all our vessels.
Shoes need to be taken off by boarding the vessel.
Papillon yacht services Sl. will refuse admittance to the vessel if the hirer breaks these conditions.

11. Itineraries
Itineraries are subject to change due to weather conditions or other circumstances. The final decision regarding the itineraries lies with the Captain of the Charter. In all cases safety aboard has priority.

12. Equipment Breakdown and Damages
A modern yacht contains many pieces of machinery and equipment which have to work in a marine environment. Although the yachts are very well maintained, equipment breakdown can still occur. As long as the quality of the trip is not unduly affected by the equipment breakdown, such a breakdown itself is no ground of complaint.

13. Complaints
Should a guest have a complaint they should inform the Captain of the yacht or the shore base. The Captain or the shore base will do the utmost to rectify the problem. Complaints which have not first been expressed to the Captain or the shore base will not be taken in consideration.
14. Hirer’s responsibility
The hirer is responsible for taking all reasonable care of the vessel and its content. The hirer shall ensure that no member of his party engages in any activity in or around the vessel which may cause damage, offence to others, this include unacceptable social behaviour.

15. Responsibilities
Neither the owner of the vessel, Papillon yacht services Sl., the manager, personal or their representatives can be held responsible for any circumstances beyond their control including, but not limited to, mechanical breakdown, illness, accident etc...

16. Injury and Damages
Papillon yacht services Sl as your booking agent ,on behalf of the owners of the vessel, has no responsibility to compensate you for any personal injury, illness, death, loss or damage of whatever nature suffered by you or any member of your party during the booking period or thereafter.

17. Accuracy of information
We always take a great deal of care to work with the owners of our vessel to make sure that the information and photography contained in this website are to the best of our knowledge accurate. However all our vessels are privately owned and therefore from time to time owners may make changes to their vessels. All information supplied by Papillon yacht services Sl is given in good faith and is based on information available at that time. All reasonable measures have been taken to ensure accuracy, but Papillon yacht services Sl. and their representatives are not liable for any variation on the information we have provided in our website.

18. Force Majeur

19. Law and Jurisdiction
Papillon yacht services Sl. acts solely as an intermediary booking agent on behalf of the vessel owners. The rental contract is ultimately between the vessel owner and the hirer. Any dispute arising from the hire of the vessel will be resolved between the hirer and the owner.

20. Insurance
The hire of the vessel/Charter does not include any personal insurance cover of any kind. It is a condition of booking that an insurance is taken out against cancellation and it is strongly recommended that personal accident and medical insurance is also taken out.

WEBSITE (www.blueoceanyachtchartertenerife.com)

LEGAL NOTICE

In compliance with the provisions of the Law 34/2002, on the Information Society and Electronic Commerce Services, we inform you that the owner of this Web is Papillon yacht services Sl, holder of Taxpayer Identification (CIF) Number: B-………………., hereinafter referred to as Blueoceanyachtchartertenerife, with registered office at: ………………………………………………

DEFINITIONS

WEB: A domain made available to Internet Users. The term describes the system of access to information via the Internet. Pages designed and published under a domain name in the Internet, which are the result of the information that the owner makes available to the User.

USER: A natural or artificial person who browses through the Web.

CONTENTS: The information and services that make up the whole of the domain that Blueoceanyachtchartertenerife makes available to the User. The term includes messages, texts, graphics, pictures, icons, logos, links, software, appearance, graphic design and, in general, all the information contained in the Web.

HYPERLINK: A technique that allows the User to browse through different Web pages or through the Internet just by clicking on the text, icon or screen button that contains the link.

COOKIES: A technical mean that allows tracing and following up the browsing in Web sites, cookies are small text files that are placed in the User’s computer. Since they have implications with regard to privacy, Blueoceanyachtchartertenerife duly notifies the User of their use in the Web.

WEB USE

The access and use of this Web confers the condition of User to the person who makes it and is subject to the prior reading and express acceptance in full and without reservations of the present general terms of use in force at the time of access, which we beg you to read carefully. By your accessing or using the Web, you acknowledge having read and understood the present general terms without any limitation or reservation whatsoever.

Though our Web we offer you different services and information about Blueoceanyachtchartertenerife.

All contents, texts and images existing in this Web are the property of Papillon yacht services sl., including, but not limited to, graphics, logos, brands, industrial drawings, icons, audio or video clips, data compilations, news, information and any other sign, and are subject to and protected by the copyrights of Papillon yacht services sl. It is forbidden to reproduce, distribute or transform them, in whole or in part, without the express authorization of Papillon yacht services sl.

The User is only entitled to make private use of the above and may not modify, reproduce, exploit, or distribute them or make use of any other right belonging to the copyright owner without the express authorization of Papillon yacht services sl.

Without prejudice to the foregoing, the User is granted the right to access, download, print, reproduce on any medium and use the contents of the Web to which the User is allowed to have access, for purely informative purposes.

In the event that you consider that any regulation relative to copyrights or other rights is being infringed in this Web, please inform us in order we may restore the order perturbed, in an appropriate case.

WEB CONTENTS

The contents of this Web are designed to inform and to announce the activities, products and services provided by Blueoceanyachtchartertenerife. It is forbidden to use this Web contents to promote, contract or disseminate advertising, own information or third party information without the authorization of Blueoceanyachtchartertenerife. It is also forbidden to send advertising or information using for such purposes the services or the information available to Users through this Web.

ACCESS CONDITIONS

The access to our Web is free and does not require a previous subscription or registration. The User must access the Web in good faith and in accordance with the present general terms of use. The User’s access to the Web will be under his/her own and exclusive responsibility.

The User is expressly forbidden to use and obtain the services and contents offered at this Web for any purpose other than those stipulated in the terms of use.

PROTECTION OF PERSONAL DATA

Blueoceanyachtchartertenerife informs you that in certain areas of its Web the User will be requested to supply a series of data of personal nature. In all cases, the User will always have the option to accept or refuse the legal conditions under which he/she will provide such data and his/her acceptance of such conditions will be deemed an informed consent and authorization for the automated processing of the User’s data by Blueoceanyachtchartertenerife. The Files under our control are duly registered at the Data Protection General Register. The User may at any moment exercise his/her right to access his/her data and may rectify them, erase them and object to them by sending a letter to the following address: ……………………………………………………………………………………………e-mail Blueoceanyachtcharter@gmail.com, and enclosing a photocopy of his/her Identity Card or of any other identification document.

Blueoceanyachtchartertenerife considers that all the registered User’s data are of the utmost importance and for this reason it undertakes to comply with its obligation of secrecy in the processing of the personal data provided and its duty to keep them confidential.

Blueoceanyachtchartertenerife, as the controller of the File, as well as anyone taking part in any stage of the processing and/or the entities to which the personal data have been communicated under the authorization previously granted by the User are obliged to professional secret-keeping and will adopt the protection levels and the technical and organisational measures within their reach to ensure the security of the personal data, preventing non-authorised accesses, illegal modifications, theft or loss of the data. Notwithstanding, the User is hereby informed that technical measures are not foolproof, and for this reason the controller of the File may not be held liable for such practices or for their consequences.

The User, by sending his/her personal and e-mail data to Blueoceanyachtchartertenerife, DOES EXPRESSLY AUTHORISE the use of such data for the purposes of regular communications, which expressly includes those made by e-mail by Blueoceanyachtchartertenerife or by any collaborator entities or companies to inform the User about their activities, news and promotions, as well as offers of services and products related to their business. In any case, the User will always have the option to inform Blueoceanyachtchartertenerife of his/her decision of NOT wanting his/her data to be used for offering him/her information about its offers, products and services by sending a letter to the following address: …………………………………………………………………………… or e-mail Blueoceanyachtcharter@gmail.com.

The User’s personal data as well as those data originating as a result of the access, use and hiring of services will be subject to automated processing and will be assigned only in the manner and for the purposes established and expressly authorised by the User.

AUTHORIZATION AND CONSENT TO THE AUTOMATED PROCESSING OF YOUR PERSONAL DATA

Blueoceanyachtchartertenerife, as the controller of the File, informs you that when the User gives us his/her personal data, either through the various forms contained in this Web or through e-mails, he/she is granting his/her authorization and express consent to the incorporation to and processing of his/her data in our Files -although with revocable nature and without retrospective effects- and accepting the present privacy policy with regard to the data provided, which will always be processed with confidentiality, in compliance with all the legal requirements set forth in the Data Protection Act and other regulations applicable. The present privacy policy is governed by the regulations exclusively applicable in Spain and will oblige all Users of this Web, either of Spanish or foreign nationality.

DATA REQUESTED AND THEIR PURPOSE

Blueoceanyachtchartertenerife informs you that the User is in no way obliged to give his/her personal data and, in the event that he/she chooses to give them, these are the proper, relevant and strictly necessary data, in accordance with the enquiry or order for the product or service wanted by the User, and are essential for providing the services offered or requested. All the fields required must be filled out compulsorily. In the data collection forms the User is informed of the mandatory or optional nature of his/her replies to the questions made to him/her, with the mandatory replies being those which are proper, relevant and not excessive for the supply of the product and/or service ordered. The User is also informed in these forms of the consequences of the obtaining the data or of the refusal to supply them. Except as otherwise stated, the reply to questions about personal information is voluntary and the lack of a reply will not adversely affect the quality or quantity of the services ordered.

The purpose of the collection and automated processing of personal data by Blueoceanyachtchartertenerife through the present Web is for the management, administration, provision, increase and improvement of the services offered by Blueoceanyachtchartertenerife thus ensuring a comprehensive service to Users, and more specifically for offering a correct processing of the User’s data, with the User giving us all the personal information required for his/her proper and full identification; as well as for offering the User information about the services provided; for the gathering and processing of information from the User’s data in the development of the activity and the sending of commercial offers in the future about products and services that may be of the User’s interest; the sending of updates of services; the sending through traditional or electronic means of technical, operational or commercial information, about products or services offered by Blueoceanyachtchartertenerife and/or by third Collaborator Companies; and the regular sending of notices or the sending of information expressly requested by the User; all of this applying to the Files all the security measures contemplated by the Royal Decree 1720/2007, of december 21, and all other regulations applicable in the matter of Personal Data Protection and guarantee of data processing confidentiality.

The User may at any moment access his/her personal data and exercise the rights set forth by the Law as to obtaining true and free of charge information about the User’s personal data, the source of these and the communications of such data which have been made or are intended to be made, the purposes and modes of data processing, the identity and address of the owner of the Files, of their controllers and of the appointed representative, as well as the identity of the individuals to whom the User’s personal data may be communicated or who may get to know them by reason of their work.

Blueoceanyachtcharter reserves the right to decide whether to incorporate or not the User’s personal data to its Files.

ASSIGNMENT OR DISCLOSURE OF DATA

By giving his/her personal data, the User expressly and of his/her own free will accepts the assignment and transfer of these data to other collaborator entities of Blueoceanyachtchartertenerife. Blueoceanyachtchartertenerife will send to third parties information related to the User when it has obtained the User’s prior authorization for sharing such information or when it is necessary to share such information in order to supply the User the product or service requested or it is necessary to send such information to collaborator entities in order to supply the User the product or service wanted by the User or in reply to citations, summons or court orders.

Blueoceanyachtchartertenerife informs you that your data are processed with confidentiality and used exclusively for the above-mentioned purposes.

AUTHORIZATION AND ERASURE OF DATA

In order to keep your personal data updated, it is necessary that you inform us in case these suffer any modification. Otherwise we shall not be responsible for their accuracy. Also, the User states that all the information provided to us by the User is true and valid for the purpose for which it is asked from the User and that such information is provided by the User himself/herself. We will understand that if you do not expressly erase your personal data from our Files, you are still interested in these continuing to be included in the said Files, with such data being always processed properly and for the purpose for which they were obtained.

RIGHTS OF ACCESS, RECTIFICATION AND ERASURE OF YOUR PERSONAL DATA

The User may at any moment access our Files free of charge in order to consult his/her data, rectify them if they are mistaken or have changed, and erase them in case the User does not want to continue appearing in such Files. You may communicate the right you wish to exercise by sending a letter to the following address: …………………………………………………………………………… Santa Cruz de Tenerife, España or e-mail Blueoceanyachtcharter@gmail.com, and enclosing a photocopy of your Identity Card or of any other identification document.

GUARANTEE OF CONFIDENTIALITY AND SECURITY OF THE FILES

Blueoceanyachtchartertenerife does hereby undertake to comply with its obligation to keep the personal data secret and with its duty to process them with confidentiality and, to this end, it will adopt the technical, organisational and security measures required to avoid their loss or non-authorised alteration, processing or access, in accordance with the provisions of the Data Protection Act 15/1999 (Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal) and all other applicable regulations.

Blueoceanyachtchartertenerife reserves the right to modify at any moment its Data Protection Policy in order to adapt it to new regulations or to changes in regulations, judge-made laws or criteria adopted by the Spanish Data Protection Agency and/or the authority competent at any moment, which will be announced in due course through the Web.

We inform you that we use “cookies” to personalise the advertising and contents that you see when browsing through the Web; to satisfy your enquiries about products and services and inform you about promotions and new products; to shape and improve our relationship with the User; to build customer loyalty; and to make a follow-up for statistical purposes. The User can choose to have his/her browser warn him/her every time a cookie is being sent to him/her or can turn off cookie placement in his/her computer’s hard drive. For further information, the User must consult his/her browser’s instructions and user manual.

The only purpose of the use of cookies in our Web is for interrelating data gathered through the various data collection forms.

LIABILITIES

By making our Web available to the User we try to offer you quality contents and services, taking the utmost care not only in the provision of such contents and services but in the technical means used. Notwithstanding, we shall not be held liable for the presence of viruses or of any other item that may in any way damage the User’s computer system, documents or files.

Blueoceanyachtchartertenerife does not guarantee the proper working of its Web in relation to its availability and continuity. As far as possible, we shall endeavour to inform the User of any cut in the service, repairing it as soon as possible. Notwithstanding, we will be released from any liability arising from improper working or interruptions of the Web.

All things relative to the present Web will be exclusively governed by the Spanish laws.

ANTI-SPAM POLICY

Users who receive communications, information or e-mail advertising from Blueoceanyachtchartertenerife receive them because they have registered on-line or because they have requested information about their products or services through any traditional or electronic mean. In case that you do NOT wish Blueoceanyachtchartertenerife to use your data to offer you information about its offers, products or services, please notify it in writing to the following address: ………………………………………………………………………………………………….. Santa Cruz de Tenerife, España or e-mail Blueoceanyachtcharter@gmail.com.

WARNING

The present general terms of use were last changed on july 13, 2015. We may at any moment modify them. Please check to see recent changes every time you access our Web, so that you may be sure that no change that may affect you has taken place. For any clarification relative to the terms of use of our Web you may phone us to number 677.023.211 or e-mail: Blueoceanyachtcharter@gmail.com.