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General conditions

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1. GENERAL TERMS OF SALE

1. GENERAL INFORMATION

The website www.setsailexperience.com is the property of Robert Lao. Address: Urb La Cultia, Ed. Ametista esc A 3r B. Ordino,
 Telephone:+34 620 756 026
 Email: info@setsailexperience.com
 This document (as well as any other document mentioned here in) regulates the conditions of use for this website (www.setsailexperience.com) the purchasing of services and/or services within it (from here on,“Conditions”)

For the purpose of these conditions, Set Sail Experience,through the website, carries out the following activities:          Recreational sailing trips.
Before accessing and/or using this website, the user must read the present Conditions.
Some of the content of the Set Sail website can be hired/purchased on the Internet. In order to use this content, users must read and accept the general conditions of hire/purchase established to that effect.
Furthermore, these Conditions could be modified without prior notice. Users are responsible for checking them everytime they access, navigate and/or use the Website.
If users have any questions regarding these conditions they may get in touch with the owner via the contact details provided above, via the email link provided in the website.

2. THE USER

The access, navigation and use of the website, confers the condition of “User” (from here on referred to, indistinctly, individually as “User” or collectively as “Users”. From the moment they start using the web, users accept all conditions here established, as well as changes that may occur later on, notwithstanding the implementation of the corresponding legislation.
Users must exert a responsible use of this website. This responsibility will include the following:
• Making use of this website exclusively for legal consultations and purchases.
• Not making any false or fraudulent purchases. If there is reasonable doubt that a purchase of this type has been completed, it could be cancelled and the authorities would be informed.
• Providing real/verifiable contact information: email address,regular address, etc.
The user or client clearly expresses understanding and accepting the conditions of use and the general service purchasing/hiring conditions.
Moreover, users guarantee that they are over 18, that they are legally entitled to access the Set Sail Experience, purchasing the services and honoring contracts via this website.
This website is mainly aimed at Users who are residing in Spain. Set Sail Experience cannot guarantee that its website is in accordance with other countries’ laws, either partially or in full.
Set Sail Experience does not bear any responsibility derived from users accessing its website. Additionally, Set Sail Experience does not guarantee the provision of services outside of the territories mentioned above.
The “User” has the option to formalize a contract of purchase with Set Sail in any of the languages available on the website.

3. PROCESS OF PURCHASE OR ACQUISITION

Users can purchase services on our web via the agreed upon mediums and formats. Users must adhere to the setsailexperience.com procedure of purchase, acquisition or online booking. During this procedure, users may add various products and services to their basket and click on COMPLETE PURCHASE.
Moreover, “users” must accurately fill in the required information at each step of the procedure. Before completing the purchase, users can modify the details of the purchase.
In order to complete the purchasing process, users must take the following steps:
From the web: Purchase/Book the selected product.
From the basket: Click “Confirm” in order for the purchase or booking confirmation.
Fill in billing and delivery information and choose type of shipment.
The last step will be the “pay” button. Users shall click on it in order to finalize the process. Next, “Users” will receive an email confirming their service booking or purchase.
Once the purchase has been completed, users will grant permission to Set Sail Experience to emit an electronic invoice that will be sent to them via email.
Furthermore, users may obtain a hard copy of their invoice. They may request this service in the CONTACT section of our website.
At the moment of purchase, users must be fully aware of certain sales conditions regarding the product or service in question:
1. Name
2. Price
3. Product details or characteristics that Set Sail Experience believes are important to accurately describe the product or service.
4. The cost and the way in which the service will be implemented
5. Once the purchase is requested, users must agree to all particular terms of sale.
All communications, purchase orders and payments done via our website may be archived with the exclusive purpose of providing proof of transaction and in accordance with data protection regulations: - 2016/679 passed by the European Parliament and the Council of Europe, 27th April 2016, regarding the data protection and circulation of natural persons.
- Organic Law 3/2018 of December 5th, regarding data protection and digital rights.
The length of the contract will be linked to the delivery of the service, notwithstanding users’ right of cancellation.

4. AVAILABILITY

All purchase/booking request via our website are subject to availability and to events of force majeure (clause 9 of these Conditions).
In case Set Sail Experiencecannot provide a proper service, the company must contact the user and reimburse any upfront payment.

5. PRICE AND PAYMENT

Based on the current regulations, Set Sail Experience offers information about all its services, their characteristics and prices.
The prices are stipulated in Euros and are net, except for when, due to legal constraints (mainly VAT) it would be indicated otherwise.
The website will not, under any circumstances, automatically add extra costs to the price of a product or service. This will only happen when users are voluntarily and freely selecting a service.
Prices are subject to change without prior notification. However, these changes will not affect service or product requests that have already been confirmed by both parties.
In case there is a special offer on a product or service, the price and validity will be clearly stipulated.
Set Sail Experience reserves itself the right to remove, replace or change the products or services that are offered on its website. However, these changes shall not affect the purchases that have been previously confirmed.
Moreover, the company reserves itself the right to stop offering its products or services without notice.
Users can pay via credit or debit card. Set Sail Experiencewill use all the existing mechanisms to guarantee the safety and confidentiality of all transactions carried out on its website.
Payment cards will be subject to authorization and verification by the bank having issued the card. In the case that the bank doesn’t authorize the payment, Set Sail Experience shall not be held responsible for any delay or issue with the delivery of the service and will not be able to formalize any contract with the User.
Once Set Sail Experience receives the purchasing order on behalf of the User via our website, a pre-authorization will be carried out in order to ensure that there are sufficient funds to complete the transaction.
The corresponding amount shall be debited from the card at the same time as the user receives a confirmation of service/product delivery.
Anyhow, by clicking the PAY button, the User is confirming that they are paying with their card.
In case of fraudulent use of the card, the User can immediately request the payment cancellation.
In any case, the reimbursement of the debited fee shall be carried out promptly.
Nevertheless, in case a user demands a reimbursement not arising from exercising their right to cancel the service and thus constituting an invalid annulment, they will be liable for damages to Set Sail Experience.

6. DELIVERY

Set Sail Experience will determine the schedule of all experiences. The schedule could be affected by the following factors:
  • Rough seas
  • Bad weather conditions
  • Force majeure causes.
    • In one of these situations, Set Sail Experience will do its best to provide the most adequate solution for the client.

    7. CANCELLATIONS

    CANCELLATIONS MUST:
  • Be carried one week prior to the scheduled experience date.
  • In case the cancellation is done with less than a week’s notice, Set Sail Experience will not refund the advance payment. However, clients can change the scheduled experience date at any time without losing upfront payment. The client must notify the company in advance regarding the new suggested date and Set Sail Experience must approve. The new date will depend upon calendar availability. The company will do its best to accommodate any updates in this area.
  • Once the new date has been agreed upon by both parties, if the fee has gone up, the client must top up the difference.

    • 8. TECHNICAL MEANS FOR ERROR CORRECTION

    We inform users that in case there has been a mistake when filling in the necessary information for a purchase or booking on our website, they will be able to modify this information through the “Contact” section on our website and/or using the contact information provided in the first clause (General Information).
    In any case, before clicking the “Pay” button, the User can manage their purchase requests and make changes in the basket/cart on the site.
    In order to obtain more detailed information regarding their right of rectification, users may consult the regulations stipulated in 2016/679 approved by the European Parliament and the Council of Europe (April 27th 2016) regarding the management and protection of natural persons’ personal data and the free circulation of this data, as well as the Organic Law 3/2018 (December 5th) on personal data protection and digital rights.

    9. GUARANTEES

    The User, both in terms of customer and user, is entitled to guarantees regarding the services they may book via this website, within the stipulated legal terms for every type of service. In case of lack of conformity regarding the services, Set Sail Experience is to be held liable. In this sense, it is to be understood by both parties that the products or services provided have conformity with the contract as long as the description provided by Set Sail Experience matches the reality of the products or services.


    10. DISCLAIMER

    Unless stated otherwise by the law, Set Sail Experience shall bear no responsibility for the following losses:
    - a loss that is not attributable to an infringement committed by Set Sail Experience
    -Business losses, including loss of earnings, contracts, savings, data, goodwill and unnecessary expenditures incurred
    -any indirect loss, reasonably unpredictable by both parties at the moment the contract of purchase was formalized by both parties.
    Moreover, Set Sail Experience limits its liability in the following cases:
    • Technical issues that don’t allow the user the proper use of the internet/Set Sail Experience website, regardless of the reasons being fortuitous or of another nature.
    Not being able to access our website for maintenance reasons or other. Set Sail Experiencel will put forth all its available resources to ensure that the purchasing process runs smoothly. Nevertheless, Set Sail Experience wavers its responsibility for non-attributable causes, as well as fortuitous ones and causes of force majeure.
     • Strikes, lockouts or other types of industrial action.
    • Civil unrest, revolts, invasions, terrorist threats or attacks, war (officially declared or no) or threats of war.
    • Fires, explosions, storms, floodings, earthquakes, collapses,epidemics or any other form of natural disaster.
    • Inability to travel by train, boat, plain, motorized vehicles or other means of transport, whether public or private.
    • Inability to use public or private telecommunications systems.
    • Acts, decrees, legislation, regulations or restrictions imposed by any government or public authority.
    In this manner, any obligations will be suspended for the duration of the cause of force majeure. In order to be able to fulfill its obligations, Set Sail Experience will be allowed an extra amount of time equivalent to the duration of the cause of force majeure.
    Set Sail Experience shall put forth all reasonable means to find a way to fulfill its obligations in spite of the cause of force majeure.

    11. NOTIFICATIONS AND OTHER FORMS OF WRITTEN COMMUNICATION

    By using this website the User accepts that the majority of the communications with Set Sail Experience will be electronic (basically email).
    For contractual purposes, the User gives consent to using electronic communication and recognizes that any contract, notification, information and other types of communication with Set Sail Experience shall be in written form, which is a legal requirement. This condition will not, however, have any effect on the User’s legal rights.
    The User may send notifications and/or establish communication with Set Sail Experience via the contact information provided in these “Conditions” as well as through the “Contact” section on our website.
    Furthermore, unless otherwise stipulated, Set Sail Experience can contact and/or notify the User via their email or postal address.

    12. WAIVER

    Set Sail Experience waivering a right or a legal action or not requiring the user’s formal fulfillment of one of their obligations, nor wavering other rights or actions stemming from a contract or the “Conditions”, shall not exonerate the User of complying with their obligations.
    Any waiver by Set Sail Experience to any of the present Conditions or to the rights or actions stemming from a contract shall come into effect, unless clearly established that it is a waiver, which must be formalized and communicated the User in writing.

    13. HYPERLINKS POLICY

    Set Sail Experience is not responsible for the content of the websites that the user might access through the links on its website and the company solemnly declares that it will not examine or exert any kind of control over the content of other websites on the Net.
    Furthermore, Set Sail Experience does not guarantee the technical availability, exactness, veracity, validity or legality of websites that are not its property and that may be accessed via links.
    Set Sail Experience solemnly declares it has implemented all necessary measures to avoid any issues to the users of its website that could arise from navigating it. Consequently, Set Sail Experience is not responsible, under any circumstances, of potential issues that users might encounter while navigating the Internet.

    14. FULL AGREEMENT

    The present Conditions and any document specifically referred to within them constitute a full agreement between the User and Set Sail Experience in relation to the object of purchasing or delivering the service and replace any other previous pact, agreement or promise agreed upon either verbally or in writing by the same parties.
    The User and Set Sail Experience give consent to entering a contract solely based on the present Conditions.

    15. DATA PROTECTION

    Any personal information that the User provides to Set Sail Experience during the course of a transaction on its website will be managed based on the Privacy Policy or Data Protection Regulations. By accessing, navigation and/or using our website the User gives consent to their personal information being handled by Set Sail Experience and that the given information is accurate.
    Unless communicated otherwise, we shall understand that users’ personal information has not been modified, that they will notify Set Sail Experience in case any change occurs and that the company has been given consent to use this information for the sole purpose of establishing the relationship between both parties.
    Set Sail Experience informs users of the possibility of exercising their rights of access, rectification, limitation of data treatment, suppression, transferability and opposition to data treatment via written communication to the address: Cami de Baix 8 (Club Nautic) or email: info@setsailexperience.com

    16. MODIFICATIONS

    Set Sail Experience reserves itself the right to carry out, without prior notice,relevant modifications to its website, regarding the contents of the web as well as the Conditions of Use and the General Purchasing Conditions.
    These modifications may be carried out through the company’s website by any means stipulated in the legal framework.
    These modifications must be followed during the time they appear on the website and until they themselves are updated by future changes.

    17. INDUSTRIAL AND INTELLECTUAL PROPERTY

    Set Sail Experience itself, or as a transferee, holds all intellectual and industrial property rights (images, sound, audio, video, software, texts, brands, logos, color combinations, structure, design, etc) Consequently, they will be protected under the intellectual property laws of the Spanish legal system, as well as the EU legal system and any international treaties signed by Spain regarding this area.
    All rights reserved. In virtue of the stipulations laid out in the Law of Intellectual Property, any form of reproduction, distribution and public communication of any content on the Set Sail website with commercial purposes and via any medium is expressly forbidden with the explicit consent of Set Sail Experience.
    The User agrees to respect Set Sail’s ownership and intellectual property rights. The user can see elements of the website, copy, print or store them in their hard disk as long as it is done exclusively for personal use. The user shall not delete, alter, avoid or manipulate any protection device or security system installed on any section of the Set Sail Experience website.

    18. COMPLAINTS

    The user can make a complaint or provide any other feedback to Set Sail Experience via the contact information provided in these conditions (General Information)
    Moreover, Set Sail Experience has official complaint forms at users’ disposal, which may be requested at any given time via the contact information provided at the beginning of these Conditions (General Information)
    If any dispute should arise from entering a purchasing contract, the User may request an extrajudicial solution, based on the EU Law 524/2013 approved by the European Parliament and the Council of Europe (May 21st 2013) regarding consumer-related disputes, which modifies the EU Law 2006/2004 and the Directive 2009/22/CE.
    Furthermore, Set Sail Experience reserves itself the right to carry out any civil o penal action that it may deem necessary derived from the improper use of its website contents or the breach of the present conditions.
    The relationship between the User and Set Sail Experience will be governed by the current legal framework applicable on Spanish territory. In case of dispute, both parties may resort to solving it via arbitration or ordinary courts, while making sure that laws on competition and jurisdiction are being respected. Set Sail Experience’s address is: Camí de Baix, 8 (Club Nàutic) Ciutadella, Espana.

    19. ACCEPTANCE

    By using this website and/or purchasing a product or service the User agrees to be binded by the present Conditions. In case the user does not agree with the present conditions, they must not make use of this website.


    Last modified: 2 de juliol 2021

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