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Conditions of use

GENERAL CONDITIONS OF USE OF THE BALEARIA.COM WEBSITE

Section I "General information and acceptance of the general conditions for using the portal"

1. OWNER OF THE PORTAL

BALEÀRIA EUROLINEAS MARITIMAS, S.A. (hereby known as BALEÀRIA), with company headquarters at Estacio Maritima s/n 03700 Denia (Alacant) with tax number A53293213 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 www.balearia.com websitewww.balearia.com, (hereby known as the Website) as well as balearia.net and balearia.org, and makes this website available for Internet users in order to provide information about services and offers of BALEÀRIA.

2. GENERAL CONDITIONS OF USE AND ACCEPTANCE OF SUCH CONDITIONS

2.1. The aim of these General Conditions of Use of the Website, along with the general contractual conditions that rule over the provision of services and/or the particular conditions that may be established, is to regulate both the placing of information and the commercial relations that arise between BALEÀRIA and the Website users. The fact of browsing on the web and/or using any of the services included in it means that you take on the role of User. Browsing and/or use of any of the services on the Website means the acceptance as a User, without any reservation whatsoever, of all these General Conditions of Use, of the General Contractual Conditions, that if appropriate, rule over the provision of services offered on the Website, as well as, if appropriate, the Particular Conditions that may exist in relation to the provision of services

2.2. BALEÀRIA may, at any time, and without previous notice, amend these General Conditions, as well as the General Contractual Conditions laid down in Section III below, and/or the particular conditions which, if appropriate, are included, by means of the publication of these amendments on the Website so that the Users will be aware of them always before visiting the Website or on the purchasing of any of the consumer goods offered on the Website. This modification is not effective until three days after its publication.

2.3. BALEÀRIA does not assume any liability for any discrepancy that might exist between printed documents and the electronic version published in this website. In the event of discrepancies between the printed version and the version published on this website, the printed version will prevail.

2.4. This English version is published for informative purposes only. In the event of discrepancies between the English and the Spanish versions, the Spanish version will prevail.

Section II "General conditions of use of the portal"

These General Conditions will be applied to promotional activity and the supplying of information made through the Website as well as the provision of services offered on the Website, in such a way as they will at all times rule over both a simple browsing of the web and for the purchasing of goods and/or the provision of services within the framework of the Website, with the added condition that these latter activities are subject to both the General Conditions of Use and the General Contractual Conditions applicable and to the particular conditions, which, if appropriate, may exist.

1. PERSONAL DATA PROTECTION POLICY

1.1. In accordance with the Act of Law 15/1999, of the 13th of December, regarding Personal Data Protection, BALEÀRIA informs the User of the existence of a file containing personal data created with the data obtained on the Website and by BALEÀRIA, and under its responsibility, for purposes of information and provision of services offered on the Website, as well as for the undertaking of promotional and publicity activities by any means whatsoever, including the sending of e-mails and messages via any system including SMS, UTMS, etc., which may be of your interest in order to broaden and improve our products, fitting our offers to your preferences or needs, based on a study and segmentation of the personal and commercial data that features on our files as a result of your access to the Website, as well as to enable you to make a personalised browsing.

1.2. The User hereby accepts the inclusion of data gathered during their browsing of the Website, or supplied by any other form, as well as those deriving from a commercial relationship, in the automated personal data file referred to in the first section. During the data collection process, and in each place where this data is requested, the User will be informed -either by hyperlink or by the inclusion of fitting amendments in the form itself- in an obligatory way or otherwise of the collection of this data, except in the case of making bookings; in this latter case BALEÀRIA informs the User that from this moment the supplying of data is no longer of a voluntary nature, and that it will be necessary to include this data for the formalisation of the provision of services; they will have to provide data relating to their name, address and credit card number in order to make the payment, since this data is essential for the formalisation and provision of the different services offered on the Website.

1.3. The User may exercise, regarding the data gathered in the manner stipulated in the above section, the rights recognised in the Act of Law 15/1999, and in particular regarding rights of access, rectification or cancellation of data and opposition, whenever appropriate, as well as the revocation of consent for the passing-on of their data or for any other above mentioned use. The rights referred to in the above paragraph may be exercised by each User by means of a written and signed application sent to the following address: BALEÀRIA EUROLINEAS MARITIMAS, S.A., Departament de Màrqueting, Estació Marítima s/n 03700 Dénia (Alacant) or may be sent by e-mail to info@balearia.com

1.4. BALEÀRIA states that, for access by the user to any part of the contents or services offered in the Website, it may be necessary to have filled out a registration form, or similar, in which the user is asked to enter personal data. It is also possible that BALEÀRIA, in order to improve its services, may add "cookies" through which the user's data is obtained.

1.5. By accepting these conditions, the User hereby consents to the supplying or communication of the data included in the file previously referred to, to BALEÀRIA EUROLINEAS MARITIMAS, S.A. . in order for their personal data to be used for sending offers and publicity messages by any system whatsoever, regarding its products and services. The User is informed that this cession will take place at the moment of gathering the personal data. Regarding the personal data supplied, the User has rights of access, opposition, rectification and cancellation, which can be made effective before the holder of the file or any of the assignees at the following address: Estacio Maritima s/n 03700 Denia (Alacant) in the way previously described in the above section 1.3.

1.6. BALEÀRIA promises, in the use of the data included in the file, to respect its confidential nature and to use it in accordance with the file's aim, as well as to comply with its obligation of keeping it and adopting all the measures to avoid the alteration, loss or unauthorised treatment or access, in accordance with that established in the Regulation of Security measures of automated files containing data of a personal nature, approved by Act of Law 994/1999, dated the 11th of July.

1.7. Regarding the service of collecting and examining CVs, offered on the Website, we inform you that by sending it you are giving your authorisation and express consent to BALEÀRIA for the use of the data it includes or may include in the future for its use with the single and exclusive purpose of considering this data for any personnel selection process and candidatures that may be required. BALEÀRIA guarantees the secret nature and confidentiality of this data, along identical lines as those laid down in this condition, the application being the same as that laid down regarding the uses and aims of the data and the exercising of its owner's rights.

2. INTELLECTUAL AND INDUSTRIAL PROPERTY

2.1. All the contents shown on the Website -in particular the designs, texts, artworks, logotypes, icons, buttons, programming, commercial names, brands, illustrations or any other signs susceptible to industrial and commercial use- are subject to intellectual and industrial property rights of BALEÀRIA or of named third parties that have duly authorised their inclusion in the Website.

2.2. Under no circumstances whatsoever will any permission be granted or any renouncement, transmission, total or partial cession of these rights be awarded, nor any right or expectation of right, and especially rights of alteration, exploitation, reproduction, distribution or public communication regarding the contents without the previous expressed authorisation of BALEÀRIA or of the corresponding owners.

3. LIABILITY OF BALEARIA.

3.1. BALEÀRIA will only respond to any damages the User may suffer as a result of the use of the Website when these damages are attributable to an improper act of the company. The User recognises and accepts that the use of the Website, as well as the provision of services that it offers, is made at their own total risk and liability.

3.2. BALEÀRIA is not liable for the damages that may derive from, of a merely stated and unlimited nature: (i) The inference, omission, interruption, computer virus, breakdowns and/or disconnections in the operative functioning of this electronic system or in the User's apparatus and computer equipment, due to reasons beyond the control of BALEÀRIA, which impede or delay the provision of the services or the navigation of the system; (ii) Delays or blocks in use caused by deficiencies or overloading of the Internet or other electronic systems; (iii) That may be caused by third parties by means of illegal intromissions that are beyond the control of the Bookings and which are not attributable to BALEÀRIA; (iv) The divergences of information, documentation and/or other contents of the Website that may exist between the electronic and printed versions; (v) The impossibility of providing the Service or enabling access due to reasons beyond the control of BALEÀRIA, due to the User, to third parties, or for reasons of Force Majeure.

3.3. BALEÀRIA does not control, generally, the use that the Users make of the Website. In particular BALEÀRIA does not give any guarantee whatsoever that the Users use the Website in full accordance with the law, these General Conditions, the generally accepted rules of morals and good behaviour and public order, nor that they do so in a diligent and prudent way.

3.4. This website may contain links to other websites over which BALEÀRIA does not have any control, and for whose content it is not liable. Likewise, BALEÀRIA will not be liable for any technical availability of the websites which users access through its own website. The user assumes full responsibility for any damage that may arise due to access of the above mentioned content, as well as any other damage to his/her computer system caused by any material downloaded or obtained by other means through the use of said services or for any loss of data caused as a result of downloading the above mentioned material.

Similarly, BALEÀRIA will not be held responsible for any damage caused by abuse, by any user, of the rights of other users or third parties. This includes copyrights, trademarks, patents, confidential information or any other intellectual or industrial property rights.

4. OBLIGATIONS OF THE USER

4.1. In general,the Usuariis obliged to comply with these General Conditions of Use, and if appropriate the Particular Conditions that are to be applied, as well as complying with the notifications or special instructions of use contained in these conditions or in the Website, and to always act in accordance with the law, accepted good behaviour and the requirements of good faith, make every possible effort befitting the nature of the service on offer, abstain from using the Website in any way that may impede, damage or deteriorate the normal functioning, the goods or rights of BALEÀRIA, its suppliers, the other Users and any third party in general.

4.2. Specifically, and without implying any restriction on the assumed obligation of the User, in a general manner in accordance with the above section, the User is obliged in their use of the Website, as well as in the provision of services to: (i) In the case of registering, to provide true information and to keep it updated; (ii) Not enter, store or publicise, any information or material that is defamatory, harmful, obscene, threatening, xenophobic, an incitement to violence, discriminating due to race, sex, ideology, religion or in any other way attacks morals, public order, basic rights, public freedoms, honour, privacy or the image of third parties and in general the regulations in force; (iii) Not enter, store or publicise through the Website any computer program, data, virus, code, machinery or communications equipment or any other instrument or electronic or physical device that may cause damage on the Website, in any of the Services, or in any of the equipment, systems or networks of BALEÀRIA, of any User, of the suppliers of BALEÀRIA or in general any third party, or which in any other form may be capable of causing them any kind of alteration or impediment in their normal working order; (iv) to suitably take responsibility for the "Username" and "Password" they provide to BALEÀRIAa s identifying and entry elements in order to gain access to the different services offered on the Website, with the promise of not allowing their use or access to third parties, accepting full responsibility for any damages that may arise from its improper use. The User also promises to inform BALEÀRIA, with the maximum haste, of their loss to or robbery by a third party, as well as any other risk of access to the "Username" and/or the "Password"; (v) Not undertake publicity, promotional or commercial exploitation activities through the Website, not using the contents and in particular the information obtained through the Website to send out publicity, send messages for purposes of direct selling or any other commercial end, nor to collect or store personal data of third parties; (vi) Not to use false identities, nor impersonate others in the use of the Website or in the use of any of the services of the Website, including the use if appropriate of passwords or access codes of third parties or of any other form; (vii) Not destroy, alter, use for their own purposes, render unusable or damage the electronic data, information, programs or documents of BALEÀRIA, its suppliers or third parties; (viii) Not enter, store or publicise through the Website any contents that contain intellectual or industrial property rights or business secrets of third parties, nor in general any contents of which, in compliance with the law, does not possess the right to be placed there and available for the third party.

Communications from BALEÀRIA to the User will be made according to the data provided by the latter on registering with the Website.

The User fully and expressly accepts the communications related to the use of the Website, and/or the contraction of services offered within it and the use of e-mail as a valid procedure for sending these communications.

5. APPLICABLE LEGISLATION. SUBMISSION TO REGIONAL LAW

5.1. These conditions are ruled by Spanish law, and which will be of application in that not mentioned in this contract in matters of interpretation, validity and undertaking.

Section III "Conditions for the provision of services between BALEÀRIA and the users"

1. GENERAL CONTRACTUAL CONDITIONS. INFORMATION PRIOR TO MAKING A CONTRACTUAL AGREEMENT

1.1. These general contractual conditions along with, if appropriate, the particular conditions that may be established, expressly regulate the relations arising between BALEÀRIA EUROLINEAS MARITIMAS, S.A., with company address at Estacio Maritima s/n 03700 Denia (Alacant) and tax number A53293213 (hereby known as BALEÀRIA) and third parties (herby known as "Users") who contract out the provision of services or products offered through the Website.

1.2. These General Conditions have been drawn up in compliance with the Law 34/2002, regarding company services for information and electronic commerce, Law 7/1998 regarding General Contractual Conditions, the Act of Law 1906/1999 that regulates telephone and electronic contractual agreements with general conditions in development of article 5.3 of the Law 7/1998, General Law 26/1984 for the Defence of Consumers and Users, Law 7/1996 on the Organisation of Retail Trade, the Act of Law 14/1999 regulating the Electronic Signature and other legal dispositions of relevance.

1.3. The use and/or provision of any of the services of the Website signify the acceptance as User, without any type of reservation whatsoever, of each and every one of the General Contractual Conditions, of the General Conditions of Use of the Website as well as, if appropriate, the Particular Conditions referring to purchasing.

1.4. BALEÀRIAstates that the procedures to undertake the purchase of goods and/or obtain the services offered are those described in these general conditions, as well as those other specific procedures that are shown on the screen while browsing, in such a way as the User declares knowledge of and acceptance of these procedures as necessary to have access to the products and services offered on the Website.

1.5. All the information provided during the contractual process will be stored by BALEÀRIA EUROLINEAS MARITIMAS, S.A.  so that the User will be able to, with prior notice sent by e-mail, request information referring to any operations undertaken by them during the previous 6 months. Any amendment and/or correction of the data provided by the Users during browsing will be made according to the instructions included in the Website.

1.6. Users who contract services through BALEÀRIA's website declare themselves to be legally of age (18 years or older). Authorisation from parents or legal guardians is required for minors who wish to enjoy the contracted service.

2. TRANSPORTATION CONTRACT

2.1 All passengers without vehicles must be at the boarding gate 60 minutes before the ship departs, while passengers wishing to board a vehicle must be at the boarding gate 90 minutes beforehand. In the event the passenger does not produce a boarding pass prior to departure, within these limits, the Company reserves the right to freely use the seat/spot assigned to the passenger or vehicle.

2.2. This ticket is personal and non-transferable. The licence plate number of the transported vehicle must match that which appears on the ticket. All passengers without a vehicle on-board have the right to board a maximum of 20 kilos of personal luggage.

2.3. The Company shall not be held responsible in the event luggage or passengers’ personal effects are stolen or lost. We recommend passengers keep valuable items with them at all times.  

2.4. To be admitted, all complaints must be filed along with the corresponding ticket coupon that remains in the passenger’s possession, whereby the passenger accepts all conditions appearing therein via the mere fact it has been used as a transport ticket.

2.5. In the event the ticket is not used, and whenever the contractual rate allows, the Company shall refund the passenger for the price of the ticket in accordance with the following conditions:

 

a. After deducting 10 percent of the ticket’s total price from the pre-sale, if the request is submitted within 7 days of the ship’s departure.

 

b. For refunds submitted between 48 hours and 2 hours prior to departure, 20 percent of the ticket’s total price shall be deducted.

 

c. For reservations made on the same day, 20 percent of the ticket’s total price shall be deducted, for refunds requested more than 2 hours prior to departure.

 

d. No reimbursement shall be made for tickets submitted for cancelation less than two hours prior to departure, irrespective of whether the reservation was made on the same day as departure or beforehand.

 

 

2.6. In the event a ticket cancelation request is made once the online boarding passes have been issued, the corresponding reimbursement, whenever the rate allows, shall not be processed until after the scheduled travel date and upon confirmation the passes have not been used.

 

2.7. Travel times and itineraries may be subject to change due to technical difficulties, unforeseeable circumstances or force majeure. In such instances, the Company shall adopt reasonable and controlled measures to inform affected passengers of said changes. If needed, the carrier may be substituted by another carrier or another ship may be used.

 

2.8. In the event the ship for which the ticket has been dispatched does not realise the voyage said ticket stipulates, due to technical difficulties, unforeseeable circumstances or force majeure, the Company does not assume any other responsibility than reimbursing the entire price of the ticket.

2.9. Any passenger who does not board due to reasons beyond the Company’s control thereby loses the right to be refunded for the price of the ticket. 

2.10. Open tickets are valid for one year from the date of issuance, whereby their use is subject to a prior reservation. The contractual rate will remain effective until January 15. Following this date, the return journey may be formalised by paying the supplement that corresponds to the year’s rate increase.

2.11. All passengers are subject to police regulations and good interior order while aboard, as established by the Captain.

2.12. Vehicles covered by this ticket shall be transported pursuant to the valid legislation on the matter and the international Conventions signed by Spain.

2.13. To exercise any proceedings that derive from this ticket on domestic coastal shipping routes, the applicable jurisdiction shall be the valid Code of Civil Procedure. When maritime transport is conducted on international routes, the applicable jurisdiction of the Courts under the 1974 Athens Convention shall apply and/or any instruments that modify it.

2.14. If issued boarding passes are lost prior to use, the client shall pay the part of the ticket that is affected by the loss of the boarding passes. Following the journey, and upon confirmation that the initial passes have not been used, the client shall be reimbursed for the amount paid the second time.

3. SERVICES OFFERED. ACCESS TO SERVICES.

3.1. The services offered -publication of information and online ticket sale- on the Website are ruled by that established in these General Conditions and, especially, that covered by the Particular Conditions set for each of these services.

3.2. In order to accede to the provision of any of the services offered through the Website, the User may choose a Username and Password. The Username and Password supplied by BALEÀRIA to the User are for identification purposes and acceding to the services and are of an individual and non-transferable nature. With sufficient advance notice BALEÀRIA can make modifications in the Username and/or Password, in which case the previous usernames and password are no longer valid.

3.3. All the technical means and requirements needed to accede to the Website and to the services offered are entirely at the User's expense, as are any expenses or taxes that may arise from the provision of these services.

3.4. Once the User has entered, in order to proceed to use the different services, they must follow all the instructions appearing on the screen, using to these effects the Particular Conditions and other forms set for each service, which will involve reading and accepting all the general conditions set in the General Conditions of Use of the Website, in these General Contractual Conditions, as well as, if appropriate, the Particular Conditions applicable.

4. APPLICABLE LEGISLATION. SUBMISSION TO REGIONAL LAW.

4.1. This contract is ruled by Spanish law, and which will be of application in that not mentioned in this contract in matters of interpretation, validity and undertaking.

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