Allgemeine Geschäftsbedingungen
1. INFORMATION BEFORE BOOKING
1. CABRERA SEA FUN S.L. (hereby known as MARCABRERA), with company headquarters at Calle Gabriel Roca no 20, 07638 Colònia de Sant Jordi, Ses Salines (Mallorca) and tax number B57541484 and registered at the Trade Register of Alicante at the volume 2.133 of the book o, Folio 143, Section 8, Page A-48549 is the owner of the website www.marcabrera.com and makes this website available for Internet users in order to provide information about services and offers of MARCABRERA.The General Conditions of Booking, and if necessary, any special conditions that may apply, regulate both the placing of information and the commercial relations that arise between MARCABRERA and any third parties (hereby known as The Users) who contract services or products offered on the website www.marcabrera.com.
2. These General Conditions of Booking have been drawn up in accordance with the regulations laid down in Act of Law 34/2002 (Services in the Information and Electronic Commerce Community); Act of Law 7/1998 (General Conditions of Booking); Act of Law 1906/1999 regulating bookings made by telephone or electronically and the General Conditions defined in Article 5.3 of the Act of Law 7/1998; Act of Law 1/2007 Amendments to the General Act for the Protection of Consumers and Users and other similar laws; Act of Law 7/1996 (Regulation of Retail Shopping); Act of Law 59/2003 regulating Electronic Signatures and any regulations applied to their use.
3. Using and/or contracting any of the services offered on the website implies the Users’ acceptance, without reservation, of each and every one of the General Conditions of Booking or the General Conditions for using the website, whichever is applicable, that applies to a purchase/booking. By using the Website or making a booking or a purchase through the Web the User accepts the company’s Conditions of Booking and the Privacy Policy, confirming that they have read and accepted without reservation the current conditions. We reserve the right to modify these conditions and it is therefore important that the User reads them before making each booking.
4. MARCABRERA advises that the steps involved in making a purchase of goods and/or contracting any of the services offered are those described in the current General Conditions, plus any other conditions specified on the screen during the procedure. Users must therefore confirm they understand and accept these steps as being necessary to reach the products and services offered on the website.
5. Users who contract services through MARCABRERA’s website confirm that they are adults (over 18) and can legally enter into, and be bound by, a contract. If this should not be the case, the consent of parents or legal guardians will be necessary before using the contracted services.
6. No contractual obligation exists between the User of the website and MARCABRERA, in respect of any product, until a request or reservation has been expressly accepted by us on receipt of the CONFIRMATION OF THE REQUEST (Confirmación de la Solicitud). The company will then send an email with the CONFIRMATION OF THE BOOKING (Confirmación de la Reserva) at which time it is understood that the contract is formalized and the company has accepted the booking made by the User.
The prices are those shown on the website (except where there is an obvious error) at the time of booking. MARCABRERA reserves the right to make any changes it considers necessary at any time and without prior warning. Updates or changes to products, services and prices may sometimes be made daily.
Once the User has selected the service they wish to book, they should proceed to make full payment of the price using a credit card. We accept VISA, MasterCard, American Express or Maestro.
2. CONTRACTUAL CONDITIONS OF CARRIAGE
1. Only people in possession of a ticket, issued by one of our offices, or an online booking voucher (showing the locator reference) – hereafter “Booking Voucher” – can board. Tickets or Booking Vouchers can be issued either in the name of an individual or group booking. The holder of a ticket or Booking Voucher is protected under the regulations Act of Law 1575/1989 of 22 December.
2. Passengers booking via email should collect their ticket from one of our offices in the Port at least 30 minutes before boarding. Boarding takes place 10 minutes before the time of departure.
3. En el caso de reservas anticipadas, bien mediante correo electrónico o bien directamente en cualquiera de nuestras oficinas, se deberá abonar el importe total de la reserva, para su total formalización.
4. The Ticket or Booking Voucher is only valid for travel on the date and time shown.
5. The boarding time limit is 10 minutes prior to the published time of departure. After this time no boarding will be allowed. MARCABRERA accepts no responsibility should a passenger or passengers be refused boarding. Missing the boat implies loosing both the journey from Colònia de Sant Jordi to Cabrera and the return journey from Cabrera that were hired by the client. Passengers who do not board for reasons outside the control of the Carrier have no right to any refund of the cost of the ticket or Booking Voucher, nor to the 50% pre-booking charge referred to in number 3 above.
6. Cancellation conditions for reservations, tickets or Booking Vouchers. No refund will be allowed for cancellation by the passenger/s of a booking, a ticket or a Booking Voucher issued for a specific date if made 24 hours or less prior to the time of boarding.
7. Tickets (whether booked on the same day or in advance) presented for cancellation less than 2 hours prior to the departure of the ship will not be reimbursed.
8. If the departure for which the ticket or Booking Voucher has been issued does not take place for whatever reason, the Carrier will only refund the cost of the ticket or Booking Voucher in the following cases:
1. Si la petición de cancelación es formulada antes de 48 horas del horario previsto de salida del buque, se devolverá el 100% del importe del billete.
2. Si la petición de cancelación es formulada entre 48 y hasta 24 horas antes del horario previsto de salida del buque, se devolverá el 20% del importe del billete.
3. No se reembolsará el importe de los billetes que pretendan ser cancelados a partir de 24 horas antes de la salida del buque, tanto si la reserva se ha hecho en el mismo día de la salida, o con anterioridad.
9. In case of cancelling an issued online Booking Voucher, a refund will not be made until the excursion has taken place and having verified that it has not been used. Always, after having fulfilled the conditions specified in point 2.8.
10. Refund of a ticket, Booking Voucher or reservation. Refunds will be made in the same form as the payment has been made at the time of the reservation.
11. The Carrier will accept no claim/complaint that is not accompanied by the corresponding ticket used by the passenger or the Booking Voucher showing the Locator reference.
12. A passenger who does not board for any reason not concerning the Company’s control will not have any right for a refund of any ticket costs.
13. Times and itineraries may experience changes due to extraordinary circumstances or extreme weather conditions. In such cases the Carrier will take all reasonable actions to notify those passengers affected by the changes.
14. If the need arises, the Carrier is entitled to use another transport company or use other boats.
15. In the event that the vessel for which this ticket has been dispatched fails to sail due to extraordinary circumstances or extreme weather conditions, the company does not assume more responsibility than the obligation to refund the entire value of the ticket.
15.1. In case that the weather conditions do not impede the departure of the boat but the completion of the usual route, an alternative route will be taken and/or the stay time in Cabrera archipelago will be increased. This circumstance will not motivate the refound of the amount of the ticket nor a proportional part of it.
16. The Carrier holds an insurance policy covering the transport, subject to the conditions set out in the Compulsory Insurance for Travellers (Seguro Obligatorio de Viajeros).
17. We advise customers that boat tours are not advisable for passengers that are pregnant or with back problems. The passenger should inform the Carrier about any these conditions for advise. The Carrier will not accept responsibility for any injury, which may result.
18. Claims for loss or damage. The Carrier will only accept claims from passengers up to the limit of the cover provided by the Compulsory Insurance for Travellers.
19. The company accepts no responsibility for possible theft or loss of passengers’ personal effects. It is recommended that passengers keep their belongings with them at all times.
20. Any exclusion or limits to responsibility on the part of the Carrier also apply to their agents, employees and representatives, and to any person or entity whose boat is used by the Carrier for the transport of its agents, employees and representatives.
21. Banned objects. It is forbidden to carry as luggage, without the express permission of the company: pressurized gas (inflammable, non inflammable, poisonous); Corrosives such as acids, chemical inks, industrial batteries; explosives, munitions, fire crackers or any other article which is easily inflammable; inflammable liquids or solids such as matches, lighter fuel or alcohol; oxidising substances; poisons; radioactive material; other items, such as mercury, magnetic material, materials causing irritation and, generally, any product or object that could represent a danger to passengers or the boat. It is also strictly forbidden to take illicit substances on board.
22. Passengers are subject to police regulations for good behaviour. The captain will establish the rules of behaviour to be followed on board.
23. No employee, crew member, agent or representative of the company can modify or cancel any of the conditions in this contract.
24. If a question arises regarding the interpretation of any text written in a foreign language, the text written in Spanish is considered as the definitive version.
25. All the information provided by the passenger at the time of reservation or purchase of a ticket, either at our offices, through our website or at any other ticket sales channel, must be correct. Otherwise Marcabrera is not responsible for any problems that may arise. We reserve the right to not proceed to make the reservation or sale if we detect any error or inaccuracy in the data.
26. Under these conditions, the passenger is subject to the Organic Law 15/1999 of 13 December of Personal Data Protection.
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