Condiciones generales de contratación

This contractual document will govern the hiring of products and services through the website enlarapita.com, owned by Asociación Estación Náutica Sant Carles de la Ràpita - Delta de l'Ebre, hereinafter "EN La Ràpita", with registered address at Av. Of the Alfacs (Garbí Park, Tourist Office), s / n - Sant Carles de la Ràpita 43540 (Tarragona), Tax Identification Number G43975226, to provide the tourist services of its associates.

The acceptance of this document entails that the USER:

- You have read, understand and understand the above.

- It is a person with enough capacity to hire.

- Take all the obligations here.

These conditions will have an indefinite period of validity and will be applicable to all hiring carried out through the "EN La Ràpita" website.

"EN La Ràpita" reserves the right to unilaterally change the conditions, without affecting the goods or promotions that were previously hired prior to the modification.

Identity of the contracting parties

The PROVIDER of the services contracted by the USER will always be an associate of the Association Sant Carles de la Ràpita - Delta de l'Ebre Nautical Station, duly identified for each service on the website "EN La Ràpita".

"EN La Rápita", as an informant of the service offered by the SUPPLIER to the USER, with a telephone number of the user: 977 101 010.

The USER, registered on the website and responsible for the veracity of the personal data provided to "EN La Ràpita".

Object of the contract

The purpose of this contract is to regulate the contractual relationship of the tourist service between the PROVIDER and the USER at the time it is accepted during the online contracting process.

The contractual relation of reservation of service entails the reservation of the chosen service, in exchange for a determined price and publicly exposed through the website. The extra services must be hired at the time of making the reservation.

Recruitment procedure

The USER, in order to access the services or products offered by "EN La Ràpita", must register via the website by creating a user account. Therefore, the USER must provide in a free and voluntary way the personal data that will be required, which will be treated in accordance with the provisions in force in the protection of personal data, Regulation (EU) 2016/679 of 27 of April 2016 (GDPR) regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data and the Organic Law 15/1999 of December 13 (LOPD) concerning the Protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

Once the user account has been created, it is reported that in accordance with what is required by article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the hiring procedure will continue The following steps:

1. General contractual clauses.

2. Booking policy, payment and cancellations

3. Cancellations.

4. Claims.

5. Force majeure.

6. Competition.

7. Offer generalities.

8. Price and term of validity of the offer.

9. Purchase process.

10. Applicable warranties.

11. Applicable law and jurisdiction.

1. GENERAL CLAUSES OF CONTRACTING

Unless otherwise stipulated in writing, the realization of an order to "EN LA RAPITA" will suppose the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of "EN La Ràpita" or the particular conditions specified by the SUPPLIER on the listing of each service, if it has not been expressly accepted in advance and in writing by "EN La Ràpita" or THE PROVIDER.

2. RESERVATION POLICY, PAYMENT AND CANCELLATIONS (RIGHT OF DISPOSAL)

You have to pay the entire reservation before performing the service.

Method of payment: Credit card.

VISA / VISA Electron and MasterCard / Maestro cards are accepted.

You have to pay the entire reservation before performing the service.

This form of payment is immediate, completely secure and verified by VISA.

All payments made through this form of payment will be validated by your bank entity and if accepted, it will be sent to us automatically and instantly.

Requires a security key to perform this type of online payment. Check your bank if you do not know your security code.

In the absence of particular conditions of cancellation by the provider, the one that marks the Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers And Users and other complementary laws.
At all times, the consumer and user may cancel the services requested or contracted, with the right to repay the amounts he had paid, but he must compensate the organizer in the amounts indicated below, unless the resolution is made by Cause of force majeure: payment of management costs, cancellation fees, if any, and a penalty consisting of 5% of the total amount of the trip, if the cancellation occurs with more than 10 and less than 15 days in advance to The date of the beginning of the trip; 15% between 3 and 10, and 25% within 48 hours prior to departure. If you do not appear on departure, the consumer and user are required to pay the total amount of the trip, paying, where appropriate, Pending amounts except agreement between the parties in a different way. According to Royal Legislative Decree 1/2007, of November 16, for the defense of consumers and users will not be applied the right of withdrawal regarding the provision of accommodation services for Purposes other than to serve as housing, transportation of goods, rent of vehicles, food or services related to recreational activities, if the contracts provide for a specific date or period of execution.

3. ANULATIONS

1. In the event that the organizer cancels the combined service / trip before the agreed date of departure, for any reason that is not attributable to the consumer and user, he will be entitled, from the moment in which the resolution of the contract occurs, to the reimbursement Of all amounts paid, in accordance with the same, or to the performance of another service / combination tour of equivalent or superior quality provided that the organizer or retailer can propose it. In the case that the combined service / travel offered is of quality In the lower case, the organizer must reimburse the consumer and user, where applicable, depending on the amounts already disbursed, the price difference, in accordance with the contract. In any case, the consumer and user may demand the repayment of the amounts disbursed to the entrepreneur to whom they paid, to reimburse within the terms and conditions provided for in article 76 of Royal Legislative Decree 1/2007, of November 16. The calculation of the term, in this case, will start from the notification of the consumer and user of his option by the resolution or from when the circumstances determining the cancellation occur. The same right stipulated in the previous number corresponds to the consumer and user who did not obtain confirmation of the reservation in the terms stipulated in the contract.3. In the previous cases, the organizer and the retailer will be responsible for the payment to the consumer and user of the compensation that, if applicable, corresponds for breach of the contract, which in no case may be less than 5 percent of the total price of the service / Contracted combined trip, if the aforementioned breach occurs between the two months and fifteen days immediately prior to the planned date of the trip; 10 percent if it occurs between the previous fifteen and three days, and 25 percent in the event that the breach cited occurs in the previous 48 hours.4. There is no obligation to indemnify in the following cases: a) When the cancellation is due to the fact that the number of people registered for the combined service / trip is less than the one required and thus communicates in writing to the consumer and user before the set deadline For this purpose in the contract, that at least it will be 10 days in advance minimum to the planned date of initiation of the combined service / trip. B) When the cancellation of the trip, except in cases of excess of reservations, is due to reasons Of force majeure, understood by those circumstances that are alien to those who invoke them, abnormal and unpredictable, whose consequences could not have been avoided, despite having acted with due diligence. So, in case the activity is canceled due to bad weather, as long as the activity has not started, the service provider will postpone the activity for another day or return the money. It is necessary to confirm the weather conditions 24 hours before starting the activity.

4. CLAIMS

The Asociación Estación Náutica Sant Carles de la Ràpita-Delta del Ebro performs only information and advisory services for the services offered by "EN La Ràpita" and declines any responsibility derived from the activity carried out by the SERVICE PROVIDER. In the event that The USER wishes to file a claim, he must do it directly to the PROVIDER of the hired service. "EN La Ràpita" puts the contact email: coordinador@enlarapita.com to the user to transfer his claims to the SERVICE PROVIDER.

Online Dispute Resolution According to Art. 14.1 of the European Regulation provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, or, where appropriate, with "EN La Ràpita", without the need to appeal to the courts of justice, through the intervention of a third party , Called the Dispute Settlement Body, which acts as an intermediary between the two. This body is neutral and will discuss with both parties to reach an agreement, and finally may suggest and / or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEUR

The parties will not incur liability for any lack due to a greater cause. Compliance with the obligation will be delayed until the end of the case of force majeure.

6. COMPETENCE

THE USER will not be able to transfer, transfer or transmit the rights, responsibilities and obligations contracted. If any provision of these conditions is considered null or impossible, the validity, legality and compliance of the rest will not be affected in any way, nor will they suffer modification In no way.The USER declares to have read, know and accept the present General Conditions throughout its extension.

7. OFFER GENERALITIES

the sales and reservations made by "EN La Ràpita" will be understood as subject to the present General Conditions. No modification, alteration or agreement contrary to the Commercial Proposal of the PROVIDER informed by "EN La Ràpita" will have effect, unless agreed Express in writing signed by the PROVIDER or, if applicable, by "EN LA RAPITA". In this case, these particular pacts will prevail. Given the continuous technical advances and improvements of the products, "EN La Ràpita" reserves the power to modify its specifications regarding the information provided in its advertising, until it does not affect the value of the products Services offered These modifications will also be valid in the event that, for whatever reason, the possibility of supplying the products offered is affected.

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER,

the prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable and will be expressed in the EURO currency. The prices applicable to each service are those published On the website. The USER assumes that the economic valuation of some of the services may vary in real time. Prices may change daily until the order is made.The invoice of the service will be issued by the SERVICE PROVIDER. "EN La Ràpita" performs only information and advice tasks, and declines any responsibility derived from the activity carried out by the service provider. For any information about the reservation, the USER may contact the customer service telephone number of " EN La Ràpita "977101010 or via email to the address: coordinador@enlarapita.com.cat.

9. PURCHASE PROCESS

Search for the service Our website has a search system for different parameters to make it easier for you to choose your service. Booking information: Booking with immediate confirmation: Minimum price for the service stipulated on the website. You can make the reservation online and add the extra services that suit you. Reserve not available: In the case of not offering the price or availability of the service, the USER will be informed as soon as possible, by email or telephone.Reserve (purchase request) From the Online Booking section, you can consult the Description and characteristics of the service included, the optional services (extras) and the particular conditions of each service. The final price will be calculated according to the selected arrival and departure dates, the people (adults and children) and the extra services chosen.

10. GUARANTEES AND REFUNDS

The guarantee of the services offered will respond to the following articles based on Law 23/2003 of July 10, Guarantees on the sale of consumer goods and services: Conformity of services with the contract1. Unless proven otherwise, the services shall be deemed to be in accordance with the contract provided that they meet all the requirements set forth below, unless in the circumstances of the case, any of them is not applicable: a) They conform to the description made For "EN La Ràpita". B) Be suitable for the uses to which the services of the same are ordinarily assigned.c) Be suitable for any special use required by the client, when it has been made known to the PROVIDER, or in its In the case of "EN La Ràpita" at the time of the conclusion of the contract, provided that it has admitted that the service is suitable for this useD) Present the quality and usual benefits of a service of the same type that the client can reasonably expect, taking into account the services done by the PROVIDER.e) "EN La Ràpita" describes the details, technical characteristics and photographs of The services provided by the PROVIDER thereof, so that it is not bound by these public declarations.2. The lack of conformity resulting from an unrealized or rendered service will be equated with the lack of conformity of the contract, as long as the responsibility of the contract falls on the PROVIDER, or "EN LA RAPITA" if it is your responsibility; On the other hand, when the unfulfilled or rendered service is due to a negligence or bad practice of the USER, no failure of the PROVIDER or of "EN LA RAPITA" shall be considered and the terms of the contract shall be deemed to be in conformity.3. The responsibility for faults of conformity that the USER knows or could not ignore at the time of the conclusion of the contract or which originate from information provided by the USER. Responsibility of "EN La Ràpita" "EN LA RAPITA" will not proceed It will respond to the USER of any lack of conformity that exists at the time of delivery of the service. The person in charge will always be the PROVIDER of the contracted service. The PROVIDERS of the services published on the "EN La Ràpita" website recognize the USER the right to repair the service, its replacement, the reduction of the price and the resolution of the contract. Reparation and replacement of services1. If the service is not in accordance with the contract, the USER may choose between requiring repair or replacement thereof, unless one of these options is impossible or disproportionate. From the moment the USER informs the SERVICE PROVIDER of the option chosen, both parties must comply. This decision by the USER is without prejudice to the provisions in cases in which the repair or replacement fails to bring the service in accordance with the contract.2. Any form of sanitation that exempts the PROVIDER from the service costs that, as compared to the other sanitation method, will be considered disproportionate, being unreasonable, taking into account the value of the service if there was no lack of conformity, the relevance of the fault Of conformity and if the alternative sanitation method can be carried out without major inconvenience for the USER. Rules for the repair or replacement of the product. The repair and replacement will be in accordance with the following rules: The necessary expenses will be free for the USER to repair the Lack of conformity of the services contracted. The repair or replacement will be carried out within a reasonable time and without major inconveniences for the USER, taking into account the nature of the services and the purpose they have for the USER. If the repair or repair is completed Substitution and delivered the service, it is still not in accordance with the contract, the USER may demand the price reduction or the resolution of the contract.Remover price and contract resolution The price reduction and the resolution of the contract will proceed, at the choice of the USER, when the latter can not demand the replacement of the service and in cases where These have not been carried out within a reasonable period or without major inconveniences for the USER. The resolution will not proceed when the lack of conformity is of minor importance. Criteria for the price reduction The price reduction will be proportional to the difference between the value That the service would have had at the time of the delivery of having been in accordance with the contract and the value that the service actually delivered had at the time of delivery. Plots.Its proof to the contrary, the delivery is understood made the day that appears in the Reservation.The USER must inform the SUPPLIER of the service of the lack of conformity at the time it has been aware of it or, as Maximum at the end of the service. Except for the contrary, it will be understood that the USER's communication has taken place within the established deadline.

11. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. The SERVICE PROVIDER, or, in the event "EN La Ràpita" and the USER agree to submit any controversy that may arise from the provision of services covered by these Conditions to the courts and courts of the domicile of the user or final consumer. These General Conditions are governed by Spanish law. The parties submit, in their choice, for the resolution of conflicts and with renunciation of any other law, to the courts and courts of the domicile of the user or final consumer.

Likewise, as an entity affiliated with Online Confidence and in the terms of its Code of Ethics, in case of controversies, the Extrajudicial Dispute of Online Confidence disputes (www.confianzaonline.es). Should the USER have his domicile outside of Spain, the SERVICE PROVIDER, or if it were the case "EN LA RAPITA" and the USER expressly renounce any other forum, subject to the Spanish jurisdiction established in the preceding paragraph.

 

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