General Sales Conditions - Puertocastillo.com

GENERAL BOOKING TERMS AND CONDITIONS www.puertocastillo.com

Please, We invite you to review the General Terms and Conditions of On-Line reservation that regulate the offer and reservation of products through our online store.

By using this website and making any reservation process, you are linked to these General Booking Terms and Conditions, so we recommend that you read them carefully. If you do not agree with them, You must refrain from making any reservation of products on this page.

1. LEGAL INFORMATION AND ACCEPTANCE OF THE GENERAL BOOKING CONDITIONS.
1.1 Identification of the service provider.
In compliance with the Law 34/2002, from 11 of July, of Information Society Services and Electronic Commerce, the identification data of the owner of the Web Portal are:

PUERTO CASTILLO MANAGEMENT, S.L.
Address: Castillo Marina, Port Office s / n, 35610, Antigua, Fuerteventura.
CIF: B76213032

Registration data in the Mercantile Registry of Fuerteventura, to tome 169 general, Folio 193, Sheet IF-7507, 1st registration

For any questions or queries, You can contact us through the following means of contact:
Telephone: 928547687
e-mail: info@puertocastillo.com

1.2 Description.
PUERTO CASTILLO MANAGEMENT, S.L. Through these General Terms and Conditions of reservation, it offers its users and visitors the possibility of making the online reservation of the products and services offered., in addition to establishing communication with the user.

PUERTO CASTILLO MANAGEMENT, S.L. will develop its e-commerce activity as a virtual store through the website www.puertocastillo.com. This electronic platform has 15 business lines, listed below:

1.- Kiss with sea lions
2.- Baths with sea lions
3.- Water park
4.- Jet ski
5.- Pedal with slide
6.- Ballenita (electric)
7.- Stand up paddle
8.- kayak
9.- Obycat experience
10.-Hobbie
11.- flyboard
12.- Glass botton boat
13.- Private fishing
14.- Fishing
15.- Whale watching

PUERTO CASTILLO MANAGEMENT, S.L. may alter at any time and without prior notice, design, presentation and / or configuration of the Website, as well as some or all of the services.

1.3.- Acceptance of the particular reservation conditions.
The access and use of the service of www.puertocastillo.com implies by the User the full and unreserved acceptance of all the conditions contained in these General Terms and Conditions of reservation. Likewise, PUERTO CASTILLO MANAGEMENT, S.L. reserves in any case the unilateral right to modify these General Terms and Conditions.

Any order made to GESTIÓN PUERTO CASTILLO, S.L. necessarily implies as an essential condition, determining and essential, the acceptance without reservations by the client of the General Terms and Conditions of reservation of their products, valid on the day the corresponding order is made. further, The client acknowledges that the acceptance of these General Terms and Conditions of reservation will imply the application of these to the order to which they refer, as well as any subsequent request, with the exception of those cases in which new conditions are brought to your attention by GESTIÓN PUERTO CASTILLO, S.L.. The fact that PUERTO CASTILLO MANAGEMENT, S.L. does not resort at any given time to any of these conditions, it cannot be interpreted nor will it be equivalent to renouncing to resort to them in the past or future.

2.- ON-LINE BOOKING PROCESS.
2.1.- Our products, How do you find them?
PUERTO CASTILLO MANAGEMENT, S.L., In addition to having physical stores, it offers you a virtual store that offers all kinds of products and services organized in families, to make it easier for you to find them.

All levels of product families are accessed from the home page. further, You can find products in GESTIÓN PUERTO CASTILLO, S.L. through the search engine, where you just have to enter a keyword (which can be the name of the product, features and even incomplete words) and hit the search button.

2.2.- Product categories / families:

All products have a detailed file, which includes a photograph, name, description and price with taxes included. The prices that appear on the product sheets constitute an invitation for the customer to make an order proposal; so, if there is an error in them, PUERTO CASTILLO MANAGEMENT, S.L. inform the customer of this circumstance and will not process the order.

Once the products have been selected, these will be incorporated into the reservation cart, where at any time the user can add or remove products. Once the product selection process is completed, or directly through the button "reserve", the visitor can finish the product selection process and proceed to their payment.

2.3.- book at www.puertocastillo.com.
To be able to book at www.puertocastillo.com, the user can register on our e-commerce platform, registering a username and password, or without previously registering as a guest.

To place an order through our e-commerce platform, regardless of who registers, the User must complete our form, providing us with the following information:
– Name and surname,
– Full postal address,
– Email and
– Telephone contact.
You can purchase products, receive information about offers and promotions and know the status of your orders. Your personal data will be registered in your client file, so it will not be necessary to refill them in subsequent reservations. For more information on the treatment and storage of your personal data, see our Privacy Policy.

2.4. Availability of products.
The selection of products offered through www.puertocastillo.com is valid as long as the products are visible on the website.. When it comes to electronic commerce, the activity is updated online, so it could happen, eventually, that during the reservation process the activity is exhausted, failing, so, in these cases, continue with the reservation started.

2.5.- How is the order processed?
The acquisition of the products must be done through the activation of the "reserve" button that appears at the foot of the reservation request, and express full acceptance of each and every one of these Booking Terms and Conditions, as shown on www.puertocastillo.com, prior to purchasing the products.

When we click on the button to process the order (after having selected the products and units), the registered user must enter their username and password, directly accessing a personalized reservation panel, where you can modify your shipping address data and select the different types of shipments and payment methods.

2.6.- Prices.
The prices applicable to each product, which include VAT, are those indicated on the website www.puertocastillo.com on the order date. During the reservation process, the amount corresponding to the tax burden will be broken down according to the rate in force at all times and applicable to the products and / or services marketed, as well as the corresponding shipping costs broken down before the order confirmation.

Bids will be duly marked and identified as such, conveniently indicating the previous price and the offer price.

PUERTO CASTILLO MANAGEMENT, S.L. reserves the right to make, at any time and without notice, the modifications it deems appropriate, being able to update products and services daily according to the market.

The corresponding shipping costs are always indicated in the order. In shipments made to countries outside the European Union, PUERTO CASTILLO MANAGEMENT, S.L. will not assume the expenses corresponding to taxes and customs duties of each country.

In the event of a price change, PUERTO CASTILLO MANAGEMENT, S.L. will communicate the variation by email to the client and the client may choose to cancel his order without being charged any additional cost.

2.7.- Payment Methods. What payment methods can I use?

When using the Virtual POS to pay by card, You are redirected to a page controlled by the Banking Entity to make the payment through its payment gateway.

We inform you that the Virtual POS of the Banking Entity integrates the Secure Electronic Commerce functionality (THESE) during the process of the buyer as the legitimate cardholder in order to provide the purchase process with high security and protection of payments. The banking entity will collect during the electronic payment operation information regarding the connection and IP address, Device Information, the email address, cell phone, browsing data and transaction data, as well as other accessible data of the online connection and the channel required by the VISA Secure Security protocols / Mastercard Identity Check, in order to detect and prevent unauthorized or fraudulent payment operations

PUERTO CASTILLO MANAGEMENT, S.L. It proposes various payment methods so that the client can choose the one that best suits him or best suits his needs.:

• Payment by Visa Credit Card, MasterCard y American Express, who have developed a system to securely make payments on the Internet. The Secure Electronic Commerce system is based on the issuer of the card identifying the cardholder before authorizing online payment. PUERTO CASTILLO MANAGEMENT, S.L. reserves the right to reject any operation made with a credit card. In this case we will proceed to refund the cash on the original card. In these cases and if the client is interested in progressing in the reservation of the articles we will request a bank transfer.
If this is the means selected by the user for payment, a secure connection is established, via SSL , where you must confirm the payment and enter the bank details directly. This page is not controlled by GESTIÓN PUERTO CASTILLO, S.L., but it is an external payment gateway, so that PUERTO CASTILLO MANAGEMENT, S.L. does not have access to or store your bank details.

• Transfer payment: You can make a bank transfer to the account that will be indicated to you at the time you select said payment method. The order will not be considered effective until we confirm the corresponding income.
Delivery times begin to count from this date. To process the order as soon as possible it is necessary that the order number is reflected in the concept of the transfer. PUERTO CASTILLO MANAGEMENT, S.L. will not be responsible for delays caused by this reason.

• Paypal account: Secure payment system in which the user opens an account in the system that later allows him to make payments in a multitude of online stores around the world, using for this your credit or debit card. PayPal will be the only one that will have the customer's bank details being an intermediary between the customer and PUERTO CASTILLO MANAGEMENT, S.L. At the time the customer makes the payment, payment is immediate. In this way, PUERTO CASTILLO MANAGEMENT, S.L. you receive it by processing your order (after verifying that the data is correct). To register or get more information visit www.paypal.es, PayPal site for Spain. These links are external and link to pages with their own conditions of use and / or privacy..

Protection of Personal Data and Commercial Communications.

Recipients of the information / With whom we share your data.

During the card payment process, Data will be collected by the Banking Entity that owns the Virtual POS the following personal data: connection type, Date and Time, IP adress, device information, email address, mobile phone, Navigation data, transaction data and data required by 3D Secure security protocols, for the sole purpose of detecting and preventing unauthorized payment transactions. More information is available at {include a link to a specific virtual tpv bank / link to its data processing policy if you collect this service}.

2.8.- Billing.
PUERTO CASTILLO MANAGEMENT, S.L. will have the obligation to issue an invoice to those clients that require it. Said invoice shall include the concept and details of the amounts received for the shipment of the requested orders..

3. CHANGE, CANCELLATION AND RETURN OF RESERVATIONS.

3.1.- Annulment.

The causes of cancellation will be exclusively due to the impossibility of atmospheric conditions to carry out the activity or medical justification reliably for the impossibility of carrying out the activity always within 24 hours.

As a consequence of the cancellation with the right to reimbursement, the refund of the reservation amount will be made using the same payment method used for the initial transaction, unless expressly stated otherwise.

For credit cards, the amount will be refunded at the end of the monthly billing period. The exact date of the refund depends on the credit card agreement between the bank and the customer.. Reimbursement via bank transfer will be made within seven business days, Or in her case, in accordance with the provisions of the corresponding bank.

4.- RIGHT OF WITHDRAWAL.

4.1.- Products not subject to the right of withdrawal.
In the case of orders made to measure or under the client's instructions, section c will apply.) from the article 103 of the Royal Legislative Decree 1/2007, from 16 of November, approving the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws, which provides the following:

"The right of withdrawal will not be applicable to contracts that refer to:
a) The provision of services, once the service has been fully executed, when the execution has started, with the prior express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by the entrepreneur, you will have lost your right of withdrawal.
b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.
c) The supply of goods made according to the specifications of the consumer and user or clearly personalized.
d) The supply of goods that can deteriorate or expire quickly.
e) The supply of sealed goods that are not fit to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
f) The supply of goods that after delivery and taking into account their nature have been inextricably mixed with other goods.
g) The supply of alcoholic beverages whose price has been agreed at the time of the reservation contract and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.
h) Contracts in which the consumer and user have specifically requested the employer to visit him to carry out repair or urgent maintenance operations; and, on that visit, the entrepreneur provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal must apply to such additional services or goods.
i) The provision of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
j) The daily press supply, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
k) Contracts concluded through public auctions.
l) The provision of accommodation services for purposes other than serving as a dwelling, transportation of goods, rent a car, food or services related to leisure activities, whether the contracts provide for a specific date or period of execution.
m) The supply of digital content that is not provided on a material medium when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that they consequently lose their right of withdrawal "-.

Therefore, in the case of water activities, the latter cannot exercise the right of withdrawal.

4.2.- Form of exercise of the right of withdrawal.

In accordance with article 103-l) of the Royal Legislative Decree 1/2007, from 16 of November, by which the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws is approved, the right of withdrawal will not apply to the activities offered on our website.

5.- RESPONSIBILITY OF THE CLIENT.
The client undertakes to make lawful use of the Services, without contravening the current legislation, nor harm the rights and interests of third parties.

The client guarantees the veracity and accuracy of the data provided when completing the contracting forms, avoiding causing damage to GESTIÓN PUERTO CASTILLO, S.L. as a consequence of their incorrectness.

Failure to comply with any of these General Contract Conditions may lead to the cancellation or cancellation of orders by GESTIÓN PUERTO CASTILLO, S.L. without prior notice to the client and without this implying a right to any compensation.

6.- PERSONAL DATA AND COMMERCIAL COMMUNICATIONS.
We remind you that PUERTO CASTILLO MANAGEMENT, S.L. complies with current regulations on data protection, and in accordance with the Organic Law 3/2018 from 5 December and by the EU Regulation 679/2016 General Data Protection, We inform you about the processing of personal data that we carry out.

6.1.- Who is responsible for your data?
The person responsible for the treatment of the data you provide us as a result of reserving a product or filling out a form is:
PUERTO CASTILLO MANAGEMENT, S.L.
Address: Castillo Marina, Port Office s / n, 35610, Antigua, Fuerteventura.

6.2.- What data do we process?
Depending on the products and services you want to enjoy at all times, we will need to process personal data as:
– Identifying data: your name and last name, contact address, email address, phone.
– Transactional and economic information data, as your payment method data, information about your reservations, requests, returns, cancellations, among others.
– Commercial and promotional information, if you have signed up to our communications system.
– Data about your tastes and preferences.
In our forms you will find that we request necessary data from you, marked with an asterisk, what we need to be able to provide the service; If we have no facility to look for dichos, you may not be able to complete your registration or continue with the reservation process.

6.3.- For what purpose do we process your data?
Depending on how you interact with us, we will process your data for the following purposes:

Purpose	Description
User register	In case you decide to register as a user, we will need to process your data to identify you as a user and give you access to the features of our page.
For the development and execution of the reservation contract	Manage the reservation process you make on our page. Manage the payment of the products you buy, regardless of the payment method used. Manage possible returns once you have made the reservation. To bill and send it to you. Guarantee the use and access to gift cards, Benefits, Discounts and promotions. To process your orders and transfer them to the companies that manage our shipments.
For Marketing Purposes	In case you subscribe to our newsletters, we will process your data to manage your subscription, including sending personalized information about our products and services. This treatment involves the analysis of your user profile / client, to determine what your preferences are and make specific offers and promotions for you. You can unsubscribe from these communications at any time, through the unsubscribe systems that are incorporated in each communication that we send you.
Usability and quality analysis	We will process your browsing data for analytical and statistical purposes, so that we can improve our page and adapt it to the way in which our users access and navigate through it.
For the fulfillment of our legal obligations	We will process the data for the fulfillment of the obligations that correspond to us, as tax obligations, of consumption, claims handling and rights management.

6.4.- What is the legitimacy for the treatment of your data?

The legal basis that allows us to process your personal data depends on the purpose:

Purpose	Legitimizing basis
User register	The basis that legitimizes the treatment is your initial consent at the time of user registration, being subsequently treated for the execution of the terms that regulate the use of our page.
For the development and execution of the reservation contract	The basis that legitimizes the treatment of your data is the execution of the reservation or service provision contract that links us to you. further, We apply the legitimate interest to carry out the necessary checks to prevent and detect fraud when making a reservation on our page.
For Marketing Purposes	The basis that legitimizes these treatments is your consent, that you can revoke at any time. To show you personalized information, We have a legitimate interest to carry out the profiling with the information that you provide us and we collect about you (navigating the page, preferences, reservation history).
Usability and quality analysis	The basis that legitimizes the treatment is the legitimate interest to analyze the usability and degree of user satisfaction when browsing our page.
For the fulfillment of our legal obligations	We will process the data based on the legal obligations that correspond to us.

6.5.- How long will we keep your data?

The period of conservation of personal data is linked to the purpose of the treatment; thus, We provide you with the conservation periods that we apply:

Purpose	Conservation term
User register	During the time you maintain your user status, and once you unsubscribe, for the limitation period set by current legislation.
For the development and execution of the reservation contract	During the time necessary to manage your reservation, including deadlines for returns, cancellations and withdrawal. Later, for a maximum period of 1 year.
For Marketing Purposes	We will process your data until you unsubscribe from communications and / or revoke your consent.
Usability and quality analysis	We will process your data until you delete cookies from your computer.
For the fulfillment of our legal obligations	We will process the data during the prescription periods that the current legislation establishes for each legal obligation that corresponds to us.

6.6.- With whom do we share your data?
Unless the transfer of data to third companies is indicated in the form, PUERTO CASTILLO MANAGEMENT, S.L. informs you, expressly, that it will only communicate the data to those bodies and entities of the Public Administration with competence in the matter in accordance with current legal regulations, and for the fulfillment of the reservation contract we will have to provide your data to third parties for the following purposes:
– Financial institutions and credit / debit card issuers, for the management of collections and payments.
– Fraud detection and prevention entities.
– Suppliers and collaborators of transport services and product delivery.
– Billing service providers and collaborators, accounting and tax management.

6.7.- What are your rights?
In accordance with current community regulations (EU regulation 679/2016, from 27 of April) and Spanish (Organic Law 3/2018, from 5 from December) you have the possibility to exercise the following personal rights, authenticating your identity, either through electronic means or through written communication addressed to our Data Protection Officer.

Your rights are as follows:
a) Right to revoke your consent and ask us not to process your personal data for commercial purposes, nor to send you communications via email, SMS messages and newsletters.
b) Right of access to the information we have regarding you, with specification of the purposes of the treatment we carry out and the communications we have made to third-party administrations and companies, either because they are authorized by law or because they are necessary for the provision of the service you have requested, or by granting your prior consent.
c) Right to rectify your data, by which we will update and update the information and data we have according to the information you provide us.
d) Right to the deletion of your data, once the legal conservation deadlines set by the applicable regulations have been met.
e) Right to oppose us to carry out any activity of treatment of your data, through the revocation of your authorization / consent.
f) Right to limit the treatment of your data, as in case you file a claim or want us to keep your data for a longer period, avoiding its deletion.
g) Right to the portability of your data, by which we will provide you in a common reading file format those data that you have provided us at the time of your registration as a user.
further, We inform you that you can always go to the Spanish Data Protection Control Authority (Spanish Agency for Data Protection, www.agpd.es) to request your guardianship or file a claim in relation to the processing of personal data.

6.8.- Where do I exercise my rights?
To exercise these rights, You can contact us through the following email: indicating in your request your full name and the right you exercise, accompanied by a copy of your ID or equivalent document proving your identity.
You can also do it by sending us a letter, with a copy of your ID, to the following address:
PUERTO CASTILLO MANAGEMENT, S.L. To. Data Protection. Castillo Marina, Port Office s / n, 35610, Antigua, Fuerteventura.

6.9.- Security of your data.
We have organizational and technical measures to protect your personal data from any loss, misuse, unauthorized access or disclosure, alteration and / or destruction. Unfortunately, it is not possible to fully guarantee the security of any data transmission or storage system. If you suspect that your interaction with us is no longer secure, please, please notify the above address immediately.

7.- INDUSTRIAL AND INTELLECTUAL PROPERTY
Intellectual and industrial property rights over works, brands, logos, and any other subject to protection, contained on the website correspond exclusively to GESTIÓN PUERTO CASTILLO, S.L., or to third companies that have authorized GESTIÓN PUERTO CASTILLO, S.L. the use of said marks, logos and distinctive signs.

The reproduction, distribution, unauthorized commercialization or transformation of such works, brands, logos, etc. constitutes an infringement of the intellectual and industrial property rights of GESTIÓN PUERTO CASTILLO, S.L. or the owner of the same, and may give rise to the exercise of all legal or extrajudicial actions that may correspond to them in the exercise of their rights.

Likewise, the information that the client can access through the website, may be protected by industrial property rights, intellectual or otherwise. The Company will not be responsible in any case and under no circumstances for the infractions of such rights that you may commit.. as a user and / or client.

8.- NOTIFICATIONS.
All notifications, requirements, requests and other communications that must be made by the parties in relation to these General Terms and Conditions of reservation must be made in writing and it will be understood that they have been duly sent by ordinary mail to the address of the other party or their email.
Specifically in the case of PUERTO CASTILLO MANAGEMENT, S.L., you must notify the postal address of Puerto Deportivo Castillo, Port Office s / n, 35610, Antigua, Fuerteventura, or at the email address info@puertocastillo.com

9.- NULLITY AND INEFFICIENCY OF THE CLAUSES.
If any clause included in these General Terms and Conditions of reservation were declared, total or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, subsisting the rest of General Terms and Conditions of reservation. In consecuense, the clause declared totally or partially null or ineffective will be deemed not to have been.

10.- APPLICABLE LEGISLATION AND SUBMISSION TO FORUMS.
Reservations made at www.puertocastillo.com are subject to Spanish law.

In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, in your case, they will know the matter, will be those provided by the applicable legal regulations on competent jurisdiction, in which it is attended, in the case of final consumers, to the place of fulfillment of the obligation or to the domicile of the booking party.

In the event that the booking party acted on behalf of a legal entity, both parties submit, expressly waiving any other jurisdiction, To the Courts and Tribunals of Puerto del Rosario, Fuerteventura.