Eco-Boats

TERMS & CONDITIONS

BELOW ARE THE CONDITIONS APPLICABLE TO THE RENTAL OF VESSELS WITHOUT A LICENSE THROUGH THE WEBSITE. PLEASE READ THEM CAREFULLY AS THEY ARE BINDING FOR ALL CUSTOMERS, hereinafter the “Company,” offers the sale of all the Products listed on its official website and in its catalogue. In the Terms and Conditions of the Website, the following expressions will have the meanings assigned to them as follows:

Company” shall mean EcoBoats SL, whose registered office is at Requesens 97b, 17487, Empuriabrava, Girona, and which sells services, either directly or through its website.

Official website” means the set of web pages, documents, and hypertext structure accessible from the address www.ecoboats.es

Order” shall mean the procedures carried out by the Customer to formalize a Contract with the Company.

Order Terms and Conditions” shall mean the terms and conditions contained in the Official Website and the Company’s catalog, referring to the Order and the Contract entered into between the Customer and the Company.

Contract” shall mean the contract formalized between the Company and the Customer relating to the respective Package, evidenced by the issuance of the order confirmation issued and sent to the Customer by the Company.

Disability” or “With reduced mobility” shall mean any Customer whose mobility to carry out the course or the Order thereof is reduced as a result of a disability or physical (sensory or locomotor, permanent or temporary), intellectual, or psychosocial deficiency, or any other cause of disability or deficiency, or as a result of age, and whose situation requires special attention and adaptation to their particular needs of the services offered to other Customers.

Customer” shall mean each of the individuals identified in the order confirmation, invoice, or ticket issued by the Company.

Product” shall mean any physical or virtual element offered by the company through its website.

Catalogue” shall mean a printed booklet with information about the combined products offered by the Company.

Virtual Catalogue” shall mean the catalogue published on the Company’s website. In case of discrepancies between the text of this catalogue and the printed catalogue of the season, the text of the virtual catalogue published on the Company’s website shall prevail, with the modifications that are made to it.

Condicions de la página web

1.1 To place an order, the customer can register on the website, entering with their own data in the section of the official website or contact the Company.

1.2 When placing an order for a product, the customer confirms, agrees, and accepts that all individuals identified in the order are bound by the Website Terms and Conditions and has the authority to accept these Website Terms and Conditions on behalf of all individuals identified in the order and invoice.

1.3 The order will be complete, and the contract will only be effective when the Company accepts the order by sending an order confirmation to the customer.

2.1 All Products are subject to availability at the time of Order. The Order is considered completed and the Contract formalized only after the transfer of the full amount or the deposit according to these Booking Terms and Conditions, as specified below. No Contract shall be deemed formalized until the deposit or full amount is paid and the Order confirmation has been delivered to the Client.

2.2 Once the Contract is formalized, it will be sent by the Company via email.

2.3 In the event that any Client has not paid the full amount 24 hours before delivery, the Company shall have the right to cancel the Order without prior notice as well as impose cancellation charges in accordance with paragraph 13 below, regardless of whether the product has been sold or not.

3.1 There will be no changes to the contract price within the 20 days prior to the order or once the company has received the complete payment.

3.2 The company reserves the right to modify the contract price at any time prior to the deadline indicated in the clause to cover variations in costs.

3.3 In case the price variation amounts to more than 10% of the total Contract price, the Company must immediately notify the Client. In this case, the Client may choose to either terminate the Contract without any penalty or accept the mentioned modification necessary in the Contract, by issuing a new order confirmation sent to the Client via email. Additionally, the Client can request the Order of another Product, subject to availability, of equivalent quality (without additional costs) or of lower quality (with a refund for the price difference). The consumer and user must communicate their decision in writing (via email, fax, or certified letter) to the company within three days after being notified of the price increase. Should the Client fail to notify their decision within the specified terms, it shall be understood that the Client opts for terminating the contract without any penalties.

3.4 In the case of Direct Sale, if the Client places an Order with a promotional code that contains conditions to be met and requires the presentation of certain documentation (within 48 hours from the Order), the Client must comply with these conditions and present the required documentation within the aforementioned timeframe. If failing to comply, the Client will have to pay the full price of the Product without applying the discount of the Promotional Code.

3.5 The Client may choose from the following payment methods, each associated with corresponding cancellation methods, within the limits and according to the conditions indicated in the following sections.

3.6 In the case of direct sales, the payment of the deposit—or the full amount, in case the contract is executed after the date and terms indicated in point 1.3 of these conditions—must be made exclusively by credit card, while the remainder can also be made by bank transfer. Payments made by bank transfer can only be made 5 days before the Product’s departure. For payments made less than 3 days before the product’s departure, payment by credit card will be the only method accepted. During the purchase, credit card information is requested: in case any problem arises (for example, lack of authorization from the bank, error in transcribing the card numbers), the purchase will be suspended, and the order will be blocked for the following 24 hours.

In this case, the Client can:

• complete the order by accessing their own data in the dedicated section of the official website, completing the purchase process, or • decide not to complete the order, within the indicated 24 hours. In this case, the Client will not incur any charges, but will lose the price locked during the purchase. The accepted cards are American Express, Visa, Mastercard, and PayPal.

3.7 The Order is considered completed and the Contract formalized only when the total price balance has been paid and the obligation to provide the Company with a copy of their current address and all the necessary documentation to use the promotional codes has been fulfilled.

4.1 L’empresa recomana a tots els clients que contractin una assegurança d’anul·lació que permeti el reemborsament de la comanda en cas d’anul·lació.

Our online cancellation policy is designed to provide flexibility to the client while respecting other service users. Below, we detail the applicable terms and conditions:

5.1 Cancellation and Refund:

Cancellations must be notified via email with a minimum of 72 hours’ notice prior to the reservation. A refund of the amount paid will be processed within 14 natural days from the cancellation, using the same payment method initially utilized. If not feasible, the refund will be made through a bank transfer. The company will notify the customer via email regarding the confirmation of the cancellation and the refund details.

5.2 Modifications:

Modifications will be accepted if notified with at least 24 hours’ notice, subject to availability at that time. Modifications will be made considering availability without affecting other existing bookings. In case of unavailability, a voucher of the same economic value will be provided, valid for one year from the modification date. The company will notify the customer via email, phone, or WhatsApp regarding the confirmation of the modification and the available options.

5.3 Adverse Weather Conditions:

No refunds will be issued due to adverse weather conditions. The option to change the reservation date and time (subject to availability) or receive a gift voucher of the same economic value will be offered.

5.4 Last-Minute Cancellations and Modifications:

Last-minute cancellations or modifications will not be accepted. All cancellations or modifications must be made via email within the aforementioned timeframes.

5.5 Contact and Inquiries:

Queries or requests can be made via phone, WhatsApp, or email, using the channels provided on our website’s contact section.

6.1 The company expressly reserves the right to modify the organization of the product if such changes are necessary or advisable for operational/organizational, commercial, or security reasons.

6.2 In the event of a significant modification of an essential term of the Contract, the Company will inform the Client in writing of the changes as soon as possible.

The Client will have the option to: a) accept the modification of the Contract where the introduced variations and their impact on the price are required. b) cancel by terminating the Contract and receive a full refund of all amounts paid without any penalties. c) request another product, subject to availability confirmation, of equivalent or lower quality (with a refund of the price difference).

6.3 The Client must communicate in writing (via email, fax, or certified mail) the decision taken with the Company (in case of online contracting) within 3 days from being notified of the modification referred to in this section.

6.4 If the Client does not notify their decision within the specified terms, it will be understood that they choose to terminate the contract without any penalties.

6.5 The Company has the authority to assign the client a product different from the one established in the contract to have analogous characteristics. If there is a change to a product with a lower price, affected clients are entitled only to a refund of the price difference, according to the current rates.

7.1 In the event that the Client chooses to terminate the Contract, as provided for in section 6.2 of the previous article, or that the organizer cancels the order before the agreed departure date, for any reason not attributable to the Client, they shall have the right, from the moment the contract is terminated, to a refund of all amounts paid according to it or to the execution of another Order of equivalent or superior quality provided that the Company can propose it.

7.2 In the event that the offered Product was of inferior quality, the Company must reimburse the Client, where appropriate based on the amounts already disbursed, the price difference, in accordance with the Contract.

7.3 In any case, the Client may demand the reimbursement of the amounts disbursed from the Company (in the case of online contracting), which must refund them within a maximum period of 30 days from the communication of the cancellation and in the same way they were paid.

7.4 The same right provided for in the previous number shall correspond to the Client who did not receive confirmation of the order within the terms stipulated in the contract.

7.5 The Client must notify the decision in writing (via email, fax, or certified mail) to the Company (in the case of online contracting) within 2 days from the receipt of the alteration notification.

7.6 In the aforementioned cases, the Company shall be liable for payment to the Client of compensation that, if applicable, corresponds to a breach of the Contract, which in no case shall be less than 5% of the total price of the Order, if the mentioned breach occurs between two months and fifteen days immediately before the scheduled date of the trip; 10% if it occurs between fifteen and three days prior, and 25% if the aforementioned breach occurs within the last 48 hours.

Should the Client have a reason for complaint or grievance, it should be brought to the attention of the Company’s staff as soon as possible. If the Company’s staff is unable to resolve the issue, the complaint should be formally notified in writing to the Company (in cases of online contracting), within an unextendable period of 30 days from the completion of the Order. Failure to notify within this period may adversely affect the company’s ability to process the complaint or grievance. Complaints related to any other part of a product should be made immediately to the company or the supplier.

In accordance with Royal Legislative Decree 1/2007, the Company has established in its favor a bond to respond to the fulfillment of the obligations arising from the provision of its services to Customers, especially for refunding deposited funds and covering repatriation expenses in the event of insolvency or bankruptcy of the Company.

The signatories of this contract shall ensure compliance with what is established in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, assuming the obligations and responsibilities derived from it and from the subscription of this document, as well as any subsequent modifications, such as that of May 9, 2023. All personal data communicated by reason of the object of this contract shall be confidential and shall be used exclusively for the purposes of the contract, without being applicable to a different purpose, nor communicated, not even for their mere conservation, to other persons. This obligation shall remain in force even after the expiry of the contract, for whatever reason.

Personal data will be processed in a manner that ensures adequate security, including protection against unauthorized or unlawful processing, and against accidental loss, destruction, or damage, by applying appropriate technical or organizational measures (‘integrity and confidentiality’). In the event that personal data is processed by a third party, such as Bookingkit, this third party shall be subject to the same obligations and responsibilities established in this contract and in the GDPR. Specifically, the client’s personal data will be transferred to Bookingkit for the purpose of carrying out the purchase process through our website. Bookingkit, as a data processor, shall be responsible for implementing appropriate security measures and for notifying any data breaches to the competent authorities and affected individuals, in accordance with the provisions of the GDPR.

No modification to these terms shall be effective unless made in writing and signed by the Company.

While the Company strives to ensure the accuracy of the content in the reference catalog (both the printed version and the virtual one) and the official website, subsequent modifications, corrections, and/or revisions may be made after their printing and/or publication on this website. We recommend carefully reviewing the content of the official website (in case of online contracting) to understand the updated general conditions. However, in the event of a discrepancy between the text of the printed Catalog and the text of the virtual Catalog, the virtual text with any modifications made to it shall prevail.

While the Company strives to ensure the accuracy of the content in the reference catalog (both the printed version and the virtual one) and the official website, subsequent modifications, corrections, and/or revisions may be made after their printing and/or publication on this website. We recommend carefully reviewing the content of the official website (in case of online contracting) to understand the updated general conditions. However, in the event of a discrepancy between the text of the printed Catalog and the text of the virtual Catalog, the virtual text with any modifications made to it shall prevail.

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