Legal Notice

LEGAL NOTICE AND TERMS AND CONDITIONS OF USE AND

CONTRACTING OF CATAMARAN EXPERIENCE IBIZA, S.L.

Please read carefully this Legal Notice and General Terms and Conditions of Use and Contracting

This Legal Notice and General Terms and Conditions of Use and Contracting shall expressly regulate the relations between CATAMARAN EXPERIENCE IBIZA, S.L. (“CATAMARAN EXPERIENCE IBIZA”) and any third parties who use the Website www.catamaranibiza.com (hereinafter, the “Website”) of CATAMARAN EXPERIENCE IBIZA, S.L., and for the contracting and use of the services offered or accessible through such Website.

LEGAL NOTICE

  1. GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE

These general terms and conditions of use regulate your browsing and use of the Website and shall apply without prejudice to other special terms and conditions which you may accept on the webpages which form it.

The use of the Website confers on you the status of user. The user accepts, by merely using and browsing the Website, these General Terms and Conditions of Use.

  1. Entity responsible for the Website

CATAMARAN EXPERIENCE IBIZA, S.L., which has its registered office at Calle Ronda del Cros, 36, bajos 2ª -08303 Mataró (Barcelona), is holder of tax identification number B-66965344 and has as its email address info@catamaranibiza.com. Registered in Barcelona Commercial Registry, in Volume 45839, Folio 90, Page B-500658, 1st Entry.

  1. Use of the Website

The User shall use the Website in accordance with law, the Legal Notice and the General Terms and Conditions of Use and Contracting. In the event of a breach by the User, CATAMARAN EXPERIENCE IBIZA reserves the right to commence the appropriate legal actions, as well as the right to restrict access to the Website.

The User acknowledges and accepts that the Website is used under his sole and exclusive responsibility, and shall avoid any conduct which may harm the interests or rights of CATAMARAN EXPERIENCE IBIZA or of third parties, or which may harm, disable, damage, overload or cause detriment in any way to the Website, and to the normal use thereof.

In particular, by way of illustration but not so limited, the User undertakes to use the Website and the services related thereto, in the following manner:

  1. To truthfully provide the data requested and maintain such data updated.

  1. To refrain from inserting, storing or circulating any information or material which is defamatory, offensive, obscene, menacing, xenophobic, incites violence, or which incites discrimination on grounds of gender, race, ideology or religion or which is otherwise contrary to morality, public order, fundamental rights, civil liberties, the good name, privacy or the image of third parties and in general the legislation in force.

  1. To refrain from inserting, storing or circulating by means of the Website, any computer program, piece of information, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device which may cause damage to the Website or to any equipment, systems or networks of CATAMARAN EXPERIENCE IBIZA, of any other User, of its suppliers or in general of any third party, or which is otherwise capable of causing any kind of disturbance to them or impeding the normal functioning thereof.

  1. To refrain from using false identities, or impersonating others in the use of the Website or of any of the services related thereto, including the use of passwords or access keys of third parties or in any other manner.

  1. To refrain from concealing or falsifying in any way the origin of electronic mail messages, from intercepting, deleting or modifying the electronic mail messages of other Users, and from sending mass mailings.

  1. To refrain from destroying, altering, disabling or damaging the data, information, programs or electronic documents of CATAMARAN EXPERIENCE IBIZA, of its suppliers or of third parties.

  1. To refrain from inserting, storing or circulating by means of the Website any content which violates intellectual or industrial property rights or trade secrets of CATAMARAN EXPERIENCE IBIZA, or of third parties, nor in general any content in relation to which he does not hold, in accordance with law, the right to make it available to third parties.

  1. To refrain from using the contents and in particular the information obtained through the Website so as to send advertising, messages for purposes of direct sales or for any other commercial purpose, and from collecting or storing personal data of third parties.

The Website may only be used by persons aged over 18 years, with full capacity to act. The use thereof by person aged under 18 years is forbidden.

CATAMARAN EXPERIENCE IBIZA implements reasonably adequate security measures to protect the Website and the browsing and use thereof. However, the User acknowledges and accepts that since security measures on the Internet are not infallible, CATAMARAN EXPERIENCE IBIZA cannot guarantee the absence of viruses or any other kind of threat or malware.

  1. Links

The establishment of links or other technical elements for connection to the Website is forbidden without the prior written authorization of CATAMARAN EXPERIENCE IBIZA.

In any event, the establishment of these links does not imply the existence of a relationship between CATAMARAN EXPERIENCE IBIZA and the owner of the website or webpage on which the link is inserted nor the participation of CATAMARAN EXPERIENCE IBIZA in them. CATAMARAN EXPERIENCE IBIZA does not assume any responsibility for the information contained on the webpages of third parties which may be accessed by links or search engines of the Webpage or any webpages of CATAMARAN EXPERIENCE IBIZA.

The presence of links on the Webpage or on any webpages of CATAMARAN EXPERIENCE IBIZA is merely for information purposes and does not in any event constitute a suggestion, invitation or recommendation in relation to them.

  1. Ownership of contents

The User acknowledges that all elements of the Website, including its design, texts, images and software, are protected by intellectual and industrial property rights of CATAMARAN EXPERIENCE IBIZA and/or of third parties, and undertakes to respect such rights.

Unless provided otherwise by law, the User may only use these items in the manner expressly authorized by the holders of the rights in question. In particular, the User may only view and use the Website and its elements for his personal, private and non-commercial use, in accordance with the provisions of this Legal Notice and General Terms and Conditions of Use and Contracting.

The User must refrain from eliminating signs identifying the rights (intellectual or industrial property or any other right) of CATAMARAN EXPERIENCE IBIZA or of third parties which appear on the Website and in the contents offered through it.

  1. Liability

CATAMARAN EXPERIENCE IBIZA may, immediately and without prior notice being necessary, rescind and terminate its relationship with the User, or interrupt his access to the Website, if it detects a use thereof contrary to this Legal Notice and General Terms and Conditions of Use and Contracting.

The User shall be liable for the loss and damage of any kind which CATAMARAN EXPERIENCE IBIZA or a third party may suffer directly or indirectly, as a consequence of the breach of any of the obligations arising from the Legal Notice and General Terms and Conditions of Use and Contracting in relation to the use of the Website.

The User shall also hold harmless CATAMARAN EXPERIENCE IBIZA in relation to any penalty, claim or proceedings which may be filed by a third party, including any public bodies, against CATAMARAN EXPERIENCE IBIZA, its employees or agents as a consequence of the violation of any rights of third parties by such User by using the Website or, in general, which may be filed as a consequence of the use of the Website in a manner contrary to the provisions of the Legal Notice and General Terms and Conditions of Use and Contracting which are applicable at any time.

  1. Exclusion of Warranties

CATAMARAN EXPERIENCE IBIZA shall only be liable for the damage which the User may suffer as a consequence of the use of the Website when such damage is attributable to willful misconduct of CATAMARAN EXPERIENCE IBIZA. The User acknowledges and accepts that the Website is used at his entire risk and under his entire responsibility.

CATAMARAN EXPERIENCE IBIZA shall act diligently, according to the generally accepted practices in the sector, in order to avoid the presence on the Website of viruses or other harmful items which might cause disturbances in User’s computer system, but cannot guarantee the absence of such items, and shall not be liable for the loss and damage which this may cause.

Merely by way of illustration but not so limited, CATAMARAN EXPERIENCE IBIZA shall not be liable for the harm which may arise from: (a) anything that causes a physical or non-material damage, interferences, omissions, interruptions, computer viruses and/or disconnections in the User’s equipment and devices, due to causes beyond the control of CATAMARAN EXPERIENCE IBIZA; (b) interruptions or blockages in use caused by deficiencies or overloading of the Internet or in other electronic systems; (c) harm caused by third parties by unlawful interferences on the Website; (d) the impossibility of providing the service or allowing access for reasons not attributable to CATAMARAN EXPERIENCE IBIZA, due to the User, to third parties, or to cases of force majeure; (e) the presence of viruses or other items inserted on the Website by third parties unrelated to CATAMARAN EXPERIENCE IBIZA which might cause disturbances in your physical or logical systems or in the electronic documents and files stored in your systems; and (f) the products, services or contents offered by third parties whose data appear on the Website or through webpages of third parties which the User may access by means of links or search instruments which CATAMARAN EXPERIENCE IBIZA makes available to him on the Website.

  1. Amendment

CATAMARAN EXPERIENCE IBIZA may, at any time without prior notice, modify the presentation, content and layout of the Website, as well as this Legal Notice and General Terms and Conditions of Use and Contracting and insert new terms and conditions of use. Such modifications shall be published on the Website so that the User can be informed of them before using it. The use of the Website and/or the use of the services offered through it by the User once the Legal Notice and General Terms and Conditions of Use and Contracting have been amended shall constitute acceptance by such User of the Legal Notice and General Terms and Conditions of Use and Contracting thus amended.

The fact that any of the Sections of this Legal Notice and General Terms and Conditions of Use and Contracting is void shall not mean that all or the rest of the Sections are void.

  1. GENERAL TERMS AND CONDITIONS OF CONTRACTING

In relation to the contracting of the goods or services which are offered through the Website, the General Contractual Terms and Conditions applicable in each case shall apply.

In relation to the services of rental of vessels and other services related thereto the General Contractual Terms and Conditions shall apply.

For the appropriate purposes it is placed on record that any matter not specifically provided for in the relevant General Contractual Terms and Conditions, the provisions of this Legal Notice and General Terms and Conditions of Use of the Website shall apply to the services in question

  1. PRIVACY POLICY

In compliance with the provisions of Spanish Data Protection Law 15/1999, of December 13 (LOPD), the User is informed that all the data which he supplies to us shall be included in a file, created and maintained under the responsibility of CATAMARAN EXPERIENCE IBIZA, S.L., with corporate address at Calle Ronda del Cros, 36, bajos 2ª -08303, holder of tax identification number B-66965344, for the following purposes:

  1. To provide him with access to the Website.

  1. To manage the services requested on the Website.

  1. To analyze the information which arises from such management in order to improve the services of CATAMARAN EXPERIENCE IBIZA and adapt them to the Users’ preferences.

  1. To send to the User commercial information relating to the products and services of CATAMARAN EXPERIENCE IBIZA in the sector of provision of sailing services, including by electronic means.

If the User supplies personal data for the purposes of the contracting of services offered through the Website, they shall also be included in a file, created and managed under the responsibility of CATAMARAN EXPERIENCE IBIZA, for the purposes and under the terms specifically indicated in the “Data Protection” Clause included in the relevant General Contractual Terms and Conditions (in relation to the services of rental of vessels and other services related thereto, the General Contractual Terms and Conditions shall apply).

By sending data, the User grants his consent so that CATAMARAN EXPERIENCE IBIZA may process his personal data in accordance with the terms described.

The User warrants that the data supplied or which he may supply at any time to CATAMARAN EXPERIENCE IBIZA are true, accurate and complete, and assumes responsibility for notifying any change in such data.

If the User supplies personal data belonging to third parties, the User warrants that he will have supplied to them the information contained herein and that he will have their consent or, in the case of minors or incapacitated persons, of their legal representatives.

In this respect, the User assumes liability for any loss or damage, direct or indirect, which may be caused to CATAMARAN EXPERIENCE IBIZA or other third parties as a consequence of the breach of such obligations.

The User may exercise his rights of access, rectification, cancellation and opposition by writing to info@catamaranibiza.com or Ronda del Cros, 36, bajos 2ª -08303 Mataró, identifying his message as “DATA PROTECTION” and providing a copy of his national identity card or other identification document.

  1. COOKIES POLICY

The Website uses cookies, which are text files which are stored in the User’s device when he visits a webpage, allowing, among other possibilities, the recognition of the User in future visits, improving his browsing and keeping his preferences. If you wish to find out more about cookies, click here.

Some of the cookies which the Website uses are necessary to permit the browsing and the use of the webpages which form it.

The Website also uses the following cookies:

Cookies

Purpose

Expiration

Owner

You can reject the use of cookies by selecting the appropriate setting in your browser. If you do so, you may not be able to browse the Website in a fully functional manner.

The way to eliminate cookies depends on the browser that you are using. In the following links you will find instructions to eliminate cookies of the main internet browsers:

  1. OTHERS

  1. Governing Law

These General Terms and Conditions shall be governed by and shall be interpreted in accordance with Spanish legislation.

  1. Contact

If you wish to contact CATAMARAN EXPERIENCE IBIZA, please send an email or call +34937576149. If the purpose of the contact is to lodge a complaint or claim use the appropriate form which you can access here