Terms and conditions
The purchase of a ticket in the web page www.pescaturismonalegria.com ownership of José Carlos Frau Greenfield, implies the signing of a contract. This contract includes a series of general terms and conditions as follows and that are accepted at the moment of making the purchase.
A.- THE TICKET
1.- General regulations
1.1.- Only the Passenger whose name appears on the ticket will be transported, and who can be requested to present corresponding identification (National Identification Card, Passport or similar).
1.2.- The ticket cannot be transferred.
1.3.- Some tickets are sold with discount, that could be partially or totally non rebatable.
1.4.- The ticket will always be owned by the Carrier who issues same.
1.5.- The passengers cannot claim to be transported if the ticket is damaged or has been changed.
1.6.- In case of loss or damage of a ticket (or partial damage of same) by the Passenger or if he does not present a ticket in which appears the Passenger voucher and all the vouchers of the trip or activity not used, José Carlos Frau Greenfield, by request of the client, will change said ticket (or part of same) issuing a new one when there exist proof, presented at the appropriate time, that a valid ticket for the trip or corresponding activity was duly issued and as long as the client signs an agreement whereby he promises to repay all the expenses and losses that José Carlos Frau Greenfield or a Carrier has suffered until reaching the value of the original ticket for improper use of same. If such losses are produced due to the fault of the company, they cannot claim from the passengers any rebate for such matter. The Carrier that issued the ticket can receive for this service a commission for administrative expenses, unless the loss is due to his negligence or that of his representative.
1.7.- When proof is not available or when the Passenger does not sign the agreement to carry out the replacement of the ticket, the Carrier who issue same may request that the Passenger pay the full price of the ticket, based on the right of rebate if the Carrier who has issued the original ticket is in agreeent and accepts that the lost or damaged ticket has not been used before its expiry date or in the case that the Passenger finds the original ticket prior to its expiry date.
1.8.- A ticket is a tool of value and the Passenger should take the necessary measures and due care to keep it and assure that it is not lost nor be stolen.
2.- Validity of the ticket
2.1.- The ticket is only valid from the moment of its issue until the date of the trip or activity contracted.
2.2.- The purchased ticket will only be valid for the trip or activity stipulated in same.
2.3.- If the Passenger wishes to modify any point, he should previously contact José Carlos Frau Greenfield through www.pescaturismonalegria.com. The price of the new trip or activity will be calculated and the Passenger will have the opportunity to accept the new price or to keep the original purchase as stated on the ticket.
2.4.- The Passenger should be aware that, whilst some types of changes will not alter the price, others may increase same. Many of the prices are only valid on the date and for the activity appearing on the ticket and cannot be modified; if this takes place then an additional amount must be paid.
2.5.- The Passenger must be aware that in the event of not presenting himself at the indicated time for the trip or activity the price of the ticket will not be rebated.
3.- Price and purchase of the ticket
3.1- The purchase of the ticket will take place through the web page www.pescaturismonalegria.com . Whereby the sale, reservation and payment from the credit or debit card will take place at the same time.
3.2.- Only payment by credit or debit card will be accepted.
3.3.- At the moment of purchasing the ticket, the Passenger will receive by email the planned time for the trip as well as a description of the product or trip that has been purchased.
3.4- The confirmed purchase by email is fully valid as a ticket and can be shown under any support when requested.
3.5- The price is applicable only to the trip or activity contracted, unless anything else is indicated. The price does not cover other suplementary services that may be offered during the voyage or hired activity.
3.6- The taxes and rights applied to the Passenger are those set down by the authorities or carriers. All the taxes, rights and levies are included in the price of the ticket. Additionally if any tax, right or levy paid by the Passenger at the time of issue of the ticket be eliminated or its amount reduced whereby it is not applicable or a lesser amount be paid, the Passenger cannot claim the rebate of the corresponding amount.
3.7.- The price of the ticket, the taxes, the rights and levies will be made in the currency of the country issuing the ticket, unless any other coin is indicated, prior to or at the moment of making payment (e.g. due to not being able to convert the local currency) It is possible to accept another currency at discretion of José Carlos Frau Greenfield.
B.- REBATE POLICY
1.1.- The full or partial amount of the ticket will only be rebated when the planned activity is cancelled by the company prior to the moment of embarking on the boat. No other circumstances will give right to rebate.
1.2.- Rebate will be made in the same manner of the Passenger making payment and to the person whose name appears on the ticket or to the person in charge of payment.
1.3.- The skipper of the boat may cancel the activity when together with the passengers due to bad weather conditions or bad weather forecast. In this case a full rebate of the paid amount of the activity will be rebated or the client will be summoned for another day.
1.4.- Due to the peculiarity of fishing, the departure and return of the boat will be scrupulously respected. The boat will not wait for anyone who is not at the place and on the time previously agreed. If the passengers are late, no rebate will be made on their ticket.
1.5.- Once the boat hired for any kind of trip has left the port the activity will be considered as having started and no rebate will be possible should the skipper of the boat have to stop or alter the activity due to weather or security conditions.
1.6.- The ticket will not be rebated in case of loss or theft, nor when request is made once the ticket has expired.
1.1.- The purchase of the ticket for any kind of trip by boat must be together with an individual accident insurance.
1.2.- The system of identification is formed by the purchased ticket.
1.3.- Coverage is the operation and stages of boarding, sailing and disembarking.
1.4.- The coverage is:
· Accidental death: 30.000,00€.
· Pernanent Disability and helplessness due to accident: 60.000,00€.
· Curing, rescue and transport costs: 6.000,00€.
Whatever, José Carlos Frau Greenfield is free from any kind of responsibility not included in the coverage or insufficient coverage in the insurance contract signed by the boat owner.
D.- TIMES AND CANCELLATION OF TRIPS
1.1.- When the ticket is purchasaed, the client will receive a notification of the planned time of the trip or activity to take place at that moment and this time is that appearing on the ticket. It is possible the necessity to alter the planned time after issue of the ticket or even its cancellation, as the activities taking place in natural surroundings and with different types of people may change in situ (physical state of those participating , weather conditions, possible risks of personal safety of those participating, situation of the fishing activity…) These modifications do not mean that any indemnity will be paid.
1.2.- If the client has provided the correct contact details, the company will take charge of notifying these changes. If, once the Passenger has purchased the ticket, the company adds an important change to the time of the planned activity that the Passenger does not accept and José Carlos Frau Greenfield is in no condition to provide a ticket with an alternative activity that be satisfactory, the client may claim a rebate.
1.3.- José Carlos Frau Greenfield will take the corresponding steps to avoid delays in the voyage and other activities hired. On applying these measures and in order to avoid the cancellation, under exceptional conditions and circumstances a different boat with similar characteristics will be used.
E.- BEHAVIOUR ON BOARD
1.1.- The boat will not return to port until the fishing or the excursión trip has finished. The carrying out of the activity will only be changed due to weather conditions or security reasons when and if decided by the skipper.
1.2.- The recommendations and instructions of the skipper or the person in charge of security on board will be scrupulously followed with respect to:
· The use of life jackets and possible abandon of the boat.
· Restricted areas and activities during manoeuvre and sailing.
· Moving and handling of fish and all elements concerning the security of the people taking place in the activity.
1.3.- If, according to our view, the behaviour of the passengers on board the boat appears to place in danger the security of same or that of another person on board, including to hinder the work of the crew carrying out their work or not agree with the instructions of the crew but not limited to them, or cause discomfort, disturbance, damage or wound to passengers or the crew or any other property, the skipper of the boat may take the steps he deems necessary to end such behaviour including measure of coerción. The clients could be disembarked at any place, forbidding them the voyage in the boat, with the possibility of legal action against them due to infringements carried out on board.
1.4.- The client will pay to José Carlos Frau Greenfield all expenses arising for his/her inappropriate behaviour on board. If a non planned change of direction be necessary due to the behaviour of the Passenger, the settlement of the matter could mean and finish with handing over the Passenger to agents of authority at the detoured port.
1.5.- If due to the behaviour of the Passenger, the crew need to detour the boat for his disembarkation, the Passenger will be liable for all expenses involved, whatever these may be, as a result, or that have direct relationship with this detour. If the client damages or his actions provoke that José Carlos Frau Greenfield has to make any expense, the company will place this expense to the passengers cost, damage or any other responsibility. José Carlos Frau Greenfield may request and claim to the Passenger the costs arising for the mentioned provisions, reserving the right to take legal actions that he deems necessary to recuperate such expenses before the competent Courts of Justice.
1.6.- The passengers are forbidden to drink alcoholic drinks on the boat when these have been supplied by passengers or third parties.
F.- DRESS AND PERSONAL OBJECTS
1.1.- It is necessary to wear appropriate and comfortable clothing for sea trips, particularly on certain excursions. We recommend the use of rubber soled shoes fully covering the feet as well as peak caps or hat. At certain times of the year and depending on weather conditions it is also advisable to bring a change of clothing and at least a water proof jacket.
1.2.- Passengers should not bring on board boat:
· Objects that could place in danger the security of the boat, its occupants or assets aboard.
· Objects that are forbidden by law or the rules applicable in matters of sea security.
· Objetcts whose transport the skipper of the boat judges reasonably inappropriate on being dangerous or unsafe due to its weight, size, morphology or type, or that be fragile or perishable taking into consideration, amongst other things, the kind of voyage or vessel hired.
1.3.- The skipper may refuse boarding any object that he may reasonably deem not apt for its transport due to its size, form, weight, contents or type, due to security or operative reasons, or the comfort of the remaining passengers.
1.4.- It is forbidden to embark any kind of animal or pet (excepting guide dogs).
1.5.- José Carlos Frau Greenfield accepts no responsibility for loss or damage with relation to any object that a Passenger has decided to bring on board nor clothing.
G.- SPECIAL ASSISTANCE
1.1.- Those who are underage must hold the corresponding authorization or be accompanied by the responsable person (parent/s or legal guardian).
1.2.- Clients with limited movement, psychological or sensory disorder, food allergies, pregnant women, people who are ill or other individuals requiring assistance should contact us prior to purchasing the ticket with José Carlos Frau Greenfield, who will study each case to ascertain if the activity to be hired corresponds to the particular circumstances of each person, promising to try to offer the best solution. On this not being possible the company reserves the right of admission.
1.3.- Special foods will not be served on board other than those offered. At the same time is reserved the right to change the menú without prior notification for the special characteristics of the activity in which case no responsibility will be accepted before the client.
1.4.- It is recommended that clients with health problems visit their doctor before taking certain voyages by boat, particularly when these be fishing trips lasting twelve hours, and that they follow and take all necessary preventive measures.
1.5.- If there is the possibility of being seasick on board, it is advisable to take medication to prevent same, prior to the start of the activity.
1.6.- Special assistance does not form part of the contract and José Carlos Frau Greenfield accepts no responsibility if he does not fulfil or is unable to fulfil the mentioned assistance and reserves the right to refuse embarking.
H.- RIGHT TO REFUSE THE TRANSPORT
1.1.- The skipper of the boat may refuse to embark passengers due to security reasons or, applying his reasonable view, and at any time of the activity he may refuse passengers to board if they act, or if he reasonably thinks they may incure in some of the following points and without there being the obligation to return the price of the ticket:
· The client does not comply with the laws, the regulations or applicable government orders.
· The Passenger vessel can be in danger or affect security and health or physically affect the welfare of the remaining passengers or the crew.
· If the mental and/or physical state of the Passenger, including problems arising from the ingest of alcohol or drugs, is a danger or risk for the Passenger himself, for the remaining passengeers and/or the crew.
· The Passenger has threatened, or used abusive or nasty words and/or has acted in a threatening way, abusive, insulting or lack of discipline towards a member of the staff or crew of the boat or remaining passengers.
· The Passenger be, or the skipper reasonably believes that the Passenger is in possession of drugs or any other illegal substance.
· The Passenger has put in danger the security of the boat and/or any person aboard or could put in danger in the future.
· The Passenger has commited an offence during any stage of the process.
· The Passenger has shown inappropriate behaviour in an activity and the skipper feels that this behaviour may be repeated.
· If the Passenger has not wished to duly prove his identity.
· The Passenger has not paid the price of the ticket.
· The Passenger would appear to not have the ticket in order or refuses to show same to the boat crew or staff of land activities when requested, and/or holds expired documents that do not correspond to the requirements or government rules in force or that are fake, due to usurpation of identity or forgery of documents.
1.2.- The ticket presented:
· Was illigally purchased or was bought from a company that is not José Carlos Frau Greenfield or does not have agreements with same.
· For information in hands of the company it is thought it be a lost ticket, stolen or false.
· The Passenger holds a ticket that has been changed or mutilated.
1.3.- On embarking the client requests special assistance that has not been requested and previously confirmed.
1.4.- The client has not respected any of the instructions and rules concerning security questions.
1.5.- When the ticket is presented the Passenger cannot prove that he is the person appearing on same.
I.- FINAL REGULATION
1.1.- No agent, worker, representative or supplier of José Carlos Frau Greenfield will have the authority to change, modify or renounce any of the forms of the regulations of this contract or the general conditions.
1.2.- All the clients have at their disposal the complaint form at the address of the company located at Calle San Miguel 36, 1º, Palma de Mallorca, Balearic Islands, with office hours Monday to Friday 10:00 to 13:00 hours, as stipulated in the Decree 89/2010 dated 22nd July in its Article 7.3 Inspeccion book and complaint form.
1.3.- On purchase of the ticket it is understood that the client accepts all the clauses included in these General Conditions.
J.- Exclusion of guarantees
The owners of the web site promise to carry out all necessary efforts to guarantee the availability and continuity of the web site as well as the services attached to same. However, the web site owners cannot guarantee that the web site and services attached to same work correctly at all times, that the browser can gain access to them and use same in a quick manner, without interruptions and free of mistakes. In the same way, the owners of the web site do not grant any guarantee concerning the suitability and contents of the web site or any of the services attached to same to the specific necessities of the user.
The web site owners will act in a diligent manner according to the general use accepted in the sector to avoid the presence in the web site or in any of the services attached to same, virus or other harmful elements that could cause alterations in the informatic system of the browser, in the electronic documments or files, but they cannot guarantee the absence of such elements, and are not liable for any damages that these could cause.
The owners of the web site do not control, nor accept, nor guarantee the accuracy, quality, truthfulness or suitability of the information and services offered or rendered by third parties through the web site. At the same time, they do not control nor guarantee the absence of virus or other harmful elements in the contents or services offered or rendered by third parties in the web page.
The owners of the web page do not guarantee the technical availability, quality, reliability, accuracy or truthfulness of the contents and services available in sites belonging to or managed by third parties to whom the browser may access through web links in the web site. The web site owners do not control the contents of said sites nor offer or market the products and services available in the link web sites available, nor therefore accept any responsibility for same.
The use of the web site is carried out under the browners own risk, therefore the owners of the web site are not responsable for possible damages arising from glitches, interruptions, informatic virus, telephone breakdown or disconnections of telephone due to outside causes of same; of delayment or blockage in the use of the present electronic system caused by deficiency or overcharge in your data processor, telephone line, internet system or other electrical systems; nor any other alteration that may arise in the software or hardware of the browser.
At the same time, the owners of the web site www.pescaturismonalegria.com will not respond before damages caused by third parties through unlawful interference out of their control. Neither will they respond to the damages caused by the use or bad use of the contents of the web site nor for the consequences that may arise from the mistakes, faults or oversight in the contents provided by third parties that may appear in same, being in third place to this effect the chosen boat.
Apart from the responsabilidad for damages that may arise, the owners of the web site may, immediately and without the necessity of notification, settle and end their relationship with the browser, interrupting their access to the web site or its corresponding services, if the owners detect an opposite use to the general or special conditions applicable in same or the corresponding services.
The browser will respond to all kind of damages that the web site owners or any of their subsidiary associates may suffer directly or indirectly, as a result of the non compliance of any of the obligations resulting from the general or special conditions concerning the use of the web site or any of the services attached to same. At the same time the browser will hold the web site owners free from any damages before any santion, claim or lawsuit placed by a third party including any public department, against the owners of the web site, their staff or agents as a result of the infringement of any third party rights of said browser through the use of the web site or attached services in a contrary manner to that appearing in the general or special conditions that be applicable.