Terms and conditions
These General Conditions establish, together with the other terms and conditions, the legal framework that will regulate the contracting of services through the website www.mallorcadivingventure.com.
This website belongs to JOSÉ MARÍA RODRÍGUEZ BENÍTEZ, CIF: 74842698P, Postal address: PLAÇA NOVA, Nº 1 (LOCAL 1), ZIP: 07157, PORT D’ANDRATX, being the owner of Mallorca Diving Adventure and whose activity is a diving.
The purpose of these contracting conditions is to regulate the contractual terms for contracting the services and/or products offered by the company through the web, and the corresponding economic consideration and/or payment to be made by the client to Mallorca Diving Adventure, in case of signing these general contracting conditions.
Mallorca Diving Adventure makes available to the recipient, before starting the contracting procedure and through techniques appropriate to the means of communication used, permanently, easily and free of charge, clear, understandable and unequivocal information on the following points:
- The different procedures that must be followed to accept these general contracting conditions.
- Electronic file of these general contracting conditions, being accessible at all times.
- Mallorca Diving Adventure makes technical means available to the client to identify and correct errors.
- The language in which these general contracting conditions are formalized is Spanish. Prior to the start of the contracting procedure, the company makes the general conditions available to the client so that they can be stored and reproduced by the client.
- Likewise, the online contracting of the services offered by Mallorca Diving Adventure through this website will be subject to the provisions of the legal note and/or legal notice of the website.
- These General Conditions have been prepared in accordance with the provisions of Law 34/2002, on services of the information society and electronic commerce; Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999, which regulates telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998; 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.
- For the acquisition and/or contracting of any of the services of Mallorca Diving Adventure through the web page, it requires the acceptance as a client, without reservations of any kind, of each and every one of the General Contracting Conditions and the Particular Conditions that are applicable to the services acquired and/or contracted.
- Mallorca Diving Adventure informs that the procedures to contract the services offered are those that are described in these general conditions, as well as the specific ones that are indicated on the web during navigation, so that the client declares to know and accept said procedures as necessary. to acquire and/or contract the services offered on the website.
- All information provided during the contracting process will be stored by Mallorca Diving Adventure. Any modification or correction of the data provided by the clients during the navigation must be carried out according to the indications included in the web page.
- By submitting the data, the client gives their express consent to the processing of their personal data for the purpose of acquiring and/or contracting the services that Mallorca Diving Adventure sells.
- The client contracts and/or acquires the services and/or products of Mallorca Diving Adventure, and the latter accepts the task of providing the service selected on the web, in accordance with these general contracting conditions.
- Mallorca Diving Adventure reserves the right to unilaterally modify said conditions, without this affecting the services and/or products or promotions that were contracted prior to any modification.
I. Identity of the seller
The seller of the services, contracted by the client and/or user, is Mallorca Diving Adventure, an entity whose activity is: diving center.
Mallorca Diving Adventure offers diving center services through the page www.mallorcadivingventure.com. The sales and/or contracting operations will be understood to be carried out in Plaça Nova, 1 (local 1), C.P.: 07157, Port d’Andratx.
The website www.mallorcadivingventure.com is registered in the name of JOSÉ MARÍA RODRÍGUEZ BENÍTEZ. The trademark is duly registered in the name of the Company and/or Entity.
II. Contract conditions object
The purpose of this contracting condition is to establish the conditions for the sale/reservation of the services and/or products to be contracted on the website www.mallorcadivingventure.com. The conditions will regulate the contractual relationship of sale / contracting / reservation generated between the Seller and the Buyer at the moment in which the latter accepts the corresponding box during the online purchase / contracting / reservation process. The characteristics of the services and/or products acquired and/or contracted are reflected on the Web.
The contracting of any of the services and/or products by the buyer through the page www.mallorcadivingventure.com entails the acceptance and subjection to these General Conditions and/or Particular Conditions of sale in their entirety.
The prices applicable to the services and/or products purchased and/or contracted are those indicated on the website on the date of contracting and/or acquisition.
The offers are duly marked and identified indicating the previous price and the price of the offer.
All the means and technical requirements that are needed to access the website and the services offered therein will be the sole responsibility of the User.
Once you have accessed the Web, to proceed with the acquisition and contracting of the different services, the User must follow all the indications and instructions contained in the page, completing for this purpose the Contract Conditions and other forms set for each product, which will imply the reading and acceptance of all the General Conditions of Contract, as well as, where appropriate, the Particular Conditions that were applicable.
III. Purchase procedure
To acquire any Mallorca Diving Adventure service you must be of legal age. If you are under 18 years of age, you cannot purchase the services of www.mallorcadivingventure.com.
The contracting of any service and/or product must be done through the specific selection of the desired service and/or product through the purchase selection instruments that are installed on the website. Once the purchase / contract / reservation request has been selected and verified, you will have proceeded to the express total acceptance of each and every one of the contracting conditions, as shown on the company’s website, and implies the contracting of the requested services.
From the moment of acceptance, the user acquires the status of Client of Mallorca Diving Adventure.
Any product or service offered subsequently by Mallorca Diving Adventure must be subject to a new contract.
The client is recommended to carefully read these General Conditions, and print on paper or save the document in electronic format.
In order to start contracting and/or purchasing on the www.mallorcadivingventure.com website, the user must select one of the services and/or products shown on the page.
In order to contract any of the services and/or products on the www.mallorcadivingventure.com page, the user must register their personal and/or professional data and choose a password that allows them to access areas that require prior identification. At the time your data is registered on our server, or you make your contract, your personal and professional data, address and those related to your chosen payment method; They are incorporated into our database and are used exclusively to process the sale of the contracted product during the selected period and send information about offers and information that may be of interest to you during the contracted period.
At any time you can modify your customer registration data (address, contact telephone number, email address, etc.) or request a reminder of your password if you have forgotten it.
Once the customer account has been created, it is reported that in accordance with the requirements of art. 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:
- In order to start contracting and/or purchasing on the www.mallorcadivingadventure.com website, the user must select one of the services and/or products shown on the page.
- The user can view and control the selected service and/or product by following the purchase / hiring / reservation instructions on the website. The web will show the selected objects, price and particular conditions. After the selection of services and/or products, the user must proceed to the payment / contracting / reservation. In this step, the user must enter their data and proceed to select the payment / contracting / reservation system accepted. In the event of payment / contracting / reservation by credit card, you must enter your selected credit or debit card data and you must accept the general contracting / payment / reservation conditions. You will be shown the contracting conditions you have selected. The user can apply the discounts available. At this point the user can make the payment / hiring / reservation.
- To make the payment, the user must be registered on the page. The client must fill out a form with the data requested. Those data that are essential to proceed with the purchase / hiring / reservation will be marked with an asterisk.
- The user can request, by checking the corresponding box, the receipt of newsletters and offers from Mallorca Diving Adventure. And confirm the delivery and billing address.
- The form of payment accepted by the seller is:
- Credit cards: Visa, MasterCard
- For Mallorca Diving Adventure the safety of its clients is essential. For this reason, in order to protect the transmission of confidential information, the www.mallorcadivingadventure.com Web server has a data encryption protocol using algorithms of up to 128 bits, through an SSL Security Certificate (Secure Sockets Layer ). SSL encryption technology protects financial transactions and data flow (name, address, credit card number, etc.), allowing operations to be carried out safely.
- For payment with Visa and Mastercard credit cards, the customer must have payment activated through CES (Secure Electronic Commerce). The communication between the client and the payment entity will also be carried out through a secure server with SSL encryption. The customer’s credit card data will be absolutely confidential (neither Mallorca Diving Adventure nor third parties may have access to them).
- Finally, the user must confirm the contract.
In any case, the Mallorca Diving Adventure contracting platform will inform the user, once the purchase and/or contracting/reservation procedure has been completed.
IV. Service / Product
The service and/or product is offered on the website with a description as exact as possible of its characteristics.
V. Price and availability
The prices applicable to each of the services and/or products are those published on www.mallorcadivingventure.com, indicated below each service and/or product. The prices are reflected in euros.
Prior to the buyer accepting the contracting and/or acquisition operation, the prices of each of the services and/or products selected and/or contracted are clearly specified, in addition to the expenses that will be applicable to the operation and the promotions or discounts that, where appropriate, are applicable.
Mallorca Diving Adventure reserves the right to modify its prices at any time. In case of modification of the sale price, the services and/or products will be invoiced according to the price in force during the registration of the contract and/or acquisition and/or reservation.
Any payment made to Mallorca Diving Adventure entails the issuance of an invoice in the name of the client / user.
For any information about the contracted product, the user will have a service via email to the email address firstname.lastname@example.org. In any case, the client’s data must be indicated in the subject of the message.
VI. Offer validity
The offers on the website are duly indicated, specifying the necessary conditions for them to be applicable. The services and/or products offered on the website will be available until any modification related to the product occurs, which will be notified one week in advance.
VII. Right of withdrawal
The Contracting Party acquires the status of consumer and user, and in accordance with art. 68 of RD 1/2007, has the power or right of withdrawal, having a period of 14 DAYS. In accordance with article 71 of RD 1/2007, the object of this contract being a service, the term of days to exercise the right of withdrawal will begin to compute from the date of execution of this contract, which will be understood as concluded from the express acceptance of these contractual conditions. To exercise your right of withdrawal the client can use any of these means:
a) By telephone at the number +34 666 615 292
b) By post to the address: Plaça Nova, 1 (local 1), C.P.: 07157, Port d’Andratx. Using a letter of withdrawal that the client can write himself.
c) By email to the address email@example.com, in this case the client must put WITHDRAWAL FORM in the subject line.
The exercise of the right of withdrawal is completely free and Mallorca Diving Adventure will proceed to refund the total price paid including shipping costs. The Client has a period of 14 calendar DAYS or from the formalization of the contract to terminate the contract.
The Client will communicate to Mallorca Diving Adventure within the stipulated period and by any means allowed by law, their desire to exercise the right of withdrawal or termination of the contract.
The Client will only be responsible for the decrease in value of the goods resulting from handling them other than what is necessary to establish their nature, characteristics or operation. The service must be unused. Once the right of withdrawal has been exercised, the amount will be refunded under the terms established in article 76 of RDL 1/2007, in accordance with the method of payment made by the client, except for payment in cash, which will be refunded by bank transfer. banking.
If the cancellation occurs by the client 72 hours before the activity, the total amount of the contracted service will be refunded, except 5% of the amount corresponding to management expenses.
If the cancellation occurs by our entity, the refund of the amount will be full.
In the case of group contracting, if any of the members of the group does not attend the day of the activity without prior notice, the amount paid by the non-attendant will not be refunded.
Special conditions category “Courses”
The courses contracted on the web must be canceled one week before the start date of the activity, and in case of cancellation, €100 will be withheld for the expenses incurred before the certifying agency.
(You only have to complete and send this form
if you want to withdraw from the contract)
I hereby inform you that I withdraw from my contract for the sale of the following good or goods with Reference number xxxxxxx belonging to order number xxxxxx:
- Date of purchase
- Buyer name(s)
- Buyer’s address
- Signature of consumer(s) Date
- Signature of the professional(s) Date
VIII. Conclusion of the contract
The contracts will be understood to be concluded and will produce all the effects provided for by the legal system, when the consent and the other requirements necessary for their validity concur. And they will be governed by the provisions of the LSSI art. 23 and 24, in the Civil Code, in the Commercial Code and in the other applicable civil or commercial regulations. The prior agreement of the parties on the use of electronic means will not be necessary. It will be understood that the contract is in writing, if the contract or the information is contained in an electronic medium. The electronic support in which a contract concluded electronically is recorded will be admissible in court as documentary evidence. The contract between the parties shall be presumed to be held in the location of the company’s registered office and/or establishment.
Mallorca Diving Adventure reserves the right to modify or replace these Conditions of Contract upon expiration of the contract as a result of the existence of new economic and/or commercial circumstances that so advise, as well as by the modification, evolution and enactment of laws, regulations and standards applicable to the provision of the Service and/or aspects related to them.
Mallorca Diving Adventure undertakes to make every effort to maintain an acceptable level in the fulfillment of its contractual obligations.
X. Liability regime
Mallorca Diving Adventure will not be responsible for problems arising from lack of access or problems inherent to internet connectivity or electricity networks when these have their origin in causes beyond its control or causes that could not have been foreseen by the parties or that, even being foreseeable, the company has made all reasonable efforts to avoid them or that they were considered to be fortuitous causes or force majeure.
Act of God and Force Majeure
The company will in no case be responsible for the delay in the execution of its obligations or for the non-execution of the same, if this breach was motivated by fortuitous events or reasons of force majeure, in accordance with the provisions of article 1,105 of the Civil Code. This circumstance will be communicated to the other party as soon as possible. The agreed delivery times will be extended by at least the period of time that the cause of force majeure lasted. If the cause of force majeure lasts more than three (3) months, either party can terminate these Contract Conditions.
XI. Protection of intellectual property
The website www.mallorcadivingventure.com is the property of José María Rodríguez Benítez. Likewise, the website www.mallorcadivingventure.com, including but not limited to its programming, editing, compilation, designs, logos, text and/or graphics, are the property of José María Rodríguez Benítez and are protected by national and international regulations. on intellectual and industrial property. Therefore, the owner of the rights expressly prohibits the use or reproduction, partial or total (by any physical or electronic means), by third parties, unless there is an agreement or written authorization in this regard. Access by the user to the website does not grant any property rights over them. José María Rodríguez Benítez will exercise the legal actions provided by law against those who knowingly and without authorization carry out any of the detailed acts.
XII. Applicable law and jurisdiction
These General Conditions will be governed and interpreted in accordance with Spanish legislation in what is not expressly established. The parties submit to the Jurisdiction of the Courts and Tribunals of Palma de Mallorca for any questions that may arise or actions to be exercised arising from the provision of the Web service and its services and content and on the interpretation, application, compliance or breach of what is established in these general conditions.
XIII. Personal data
In accordance with the provisions of the General Data Protection Regulation RGPD UE 679/2016 and Organic Law 3/2018 of December 5, Protection of Personal Data and Guarantee of Digital Rights, you are provided with the following treatment information of your personal data: Responsible José María Rodríguez Benítez, CIF: 74842698P, Postal address: PLAÇA NOVA, Nº 1 (LOCAL 1), C.P.: 07157, PORT D’ANDRATX, Telephone: +34 666 614 292, Email: firstname.lastname@example.org.
Purpose: At Mallorca Diving Adventure we treat the information you provide us with in order to provide the requested service, bill it and manage the sending of information and commercial prospecting. In order to be able to offer you the services according to your interests, we prepare a commercial profile based on the information provided. No automated decisions will be made based on said profile. The personal data provided will be kept, as long as the commercial relationship is maintained and its deletion is not requested, for a period of 5 years from the last contracting and/or purchase made by you. In any case, your personal data will be kept as long as they are useful for the indicated purpose, and, in any case, during the legal periods and for the time necessary to attend to possible responsibilities arising from the treatment.
Legitimation: The treatment of your personal data is based on the execution of a contract in which the interested party is a party or for the application, at the request of the latter, of pre-contractual measures, in any case you have given your consent to treat your data. personal data with one or more specific purposes, in accordance with the provisions of the RGPD UE 679/2016 (ART. 6.1.A. B) and Organic Law 3/2018 of December 5, (LOPDPGDD). The Information Society Services Law 34/2002, articles 20 and 21, is applicable for sending commercial offers through telecommunications. The prospective offer of products and services is based on the consent that is requested, without in any case the withdrawal of this consent conditioning the contract for the acquisition of the product and/or provision of the service. There is an obligation to provide personal data and otherwise the service and/or sell the product and/or provide the requested offer cannot be provided. There is an obligation to provide consent in order to make prospective offers and send you commercial information.
Recipients: The data will not be communicated to any third party outside the Entity, except legal obligation. However, we inform you that third-party providers may have access to your personal data, as treatment managers, within the framework of the provision of a service for the Entity Responsible for the
Treatment: In addition to the foregoing, the Entity may transfer or communicate personal data to meet its obligations to Public Administrations in cases where this is required in accordance with current legislation. There is no forecast of data transfer to third countries. No suitability decisions, guarantees, binding corporate rules or applicable specific situations are made.
Rights: Interested persons have the right to obtain access to their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data that is no longer necessary for the purposes that were collected. In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defense of claims. Likewise, and for reasons related to their particular situation, the interested parties may oppose the processing of their data, in which case their personal information will no longer be processed, for those purposes with respect to which they have expressed their opposition. When technically possible, the interested party may request the portability of their data to another Data Controller.
To exercise these rights, in accordance with current legislation, interested parties may contact by post, attaching a copy of a document proving their identity (DNI), José María Rodríguez Benítez, CIF: 74842698P, Postal address: PLAÇA NOVA, Nº 1 (LOCAL 1), C.P.: 07157, PUERTO DE ANDRATX, Telephone: +34 666 615 292, Email: email@example.com.
You have the right to file a Claim with the Control Authority: Spanish Data Protection Agency (www.agpd.es).
Origin of the Personal Data: the interested party.