FIRST CLAUSE.- Owner of the domain and legal person who is the rentor of recreational boats and the service provider.
The company and website are the property, as are the services offered, of the recreational boat rental company by the name of TRY SAIL S.L. with CIF number B-09964677, registered office at calle Estena 28, Portal 2, Ático A, CP 29602 Marbella (Málaga).
SECOND CLAUSE.- Object of the present legal business.
TRY SAIL S.L., provides the following services:
1.- Renting of pleasure boats for recreational-sporting purposes, including the skipper.
2.- Renting of pleasure boats for recreational-sporting purposes, not including the skipper.
3.- Organization and development of private sporting events with the aforementioned pleasure boats.
4.- Unofficial nautical training on recreational boats.
5.- Official regattas on recreational boats.
6.- Catering service through third party companies which would be commercialised on land.
THIRD CLAUSE.- Intermediation in the delivery of the catering products ordered.
TRY SAIL S.L. will intermediate between the contracting party and the catering company in order to facilitate this service to its client. TRY SAIL SL is not responsible for food intolerances or general condition of the food product that third parties intermediates to offer its customers. TRY SAIL S.L. will always protect the interests of its clients against the responsibility that third parties with whom it mediates do not comply, for example, quality standards, times or damages of any kind to the contracting party of TRY SAIL S.L.
FOURTH CLAUSE.- Life jackets.
TRY SAIL S.L. is obliged to provide all their clients with life jackets for boarding and clients is obliged to keep them on at all times. TRY SAIL S.L. is not responsible if the members of the boats remove their life jackets or do not wear them for reasons beyond the control of TRY SAIL S.L.
FIFTH CLAUSE.- Maximum number of crew members on board.
In no case and under no circumstances may there be more than EIGHT MEMBERS (including skipper) in total inside or on board the vessel.
SIXTH CLAUSE.- Price and payment conditions.
The price shall be freely agreed between the parties, with the interested party previously informing the contracting party and the latter accepting it in written form in accordance with the stipulations of the previous clauses. The deposit shall only be paid in the event that the boat is rented without a skipper, for which the contracting party shall pay the sum of FOUR HUNDRED EUROS (400€) – per boat – in advance together with the payment of the contracted services. All deposits will be returned to the client after delivery of the boat and immediate correct inspection.
SEVENTH CLAUSE.- Insurance and civil liability.
TRY SAIL S.L. has the corresponding civil liability insurance on all its boats, as well as being extendable to all crew members in case of accident. This insurance is included in the final price of the service.
EIGHTH CLAUSE.- Right of cancellation, revocation, refund and changes.
TRY SAIL S.L. grants its clients the right to cancel the trip and refund the money not less than 24 hours before the trip. If notice of cancellation is not given within 24 hours, TRY SAIL S.L. reserves the right not to make a refund. TRY SAIL S.L. grants the right to its customers to cancel for catering products ordered in intermediation not less than 24 hours before the trip. If notice of cancellation is not given within 24 hours, no refund of any amount already paid will be possible. TRY SAIL S.L. requires a pre-payment of 50% in the case of event organization and if the event is cancelled, TRY SAIL S.L. reserves the right not to make a refund.
TRY SAIL S.L. reserves all rights to decide if the weather conditions are optimal for the realization of the contracted activity. In the event that the weather is not safe and optimal according to the decision of TRY SAIL S.L., the client will be offered the possibility of choosing another date or refund of payment.
NINETH CLAUSE.- Stipulations for clients renting the boat without a skipper.
TRY SAIL S.L under the present conditions makes it compulsory for the contracting party to have the appropriate maritime license, this being the PNB (Qualification of Basic Navigation Skipper) or higher licenses. TRY SAIL S.L. is not responsible for the international validation of maritime navigation licenses and it is the responsibility of the contracting party to assume that he/she is in possession of the aforementioned at the time of signing the contract. TRY SAIL S.L. reserves the rights granted by law not to authorize the hire of the boat or the return, change or cancellation of the trip and/or the amount already paid if the client, once present at the offices of TRY SAIL S.L. does not have the aforementioned license.
TENTH CLAUSE.- Legal notice.
By means of this notice, the information society service provider provides the information that it is obliged to be made available to consumers and users, as required by Art. 10 of Law 34/2002, of 11 July, on information society services and electronic commerce, in the following terms:
- This company and its website are property of TRY SAIL S.L., with CIF B-09964677, domiciled in Calle Estena 28, portal 2, Atico A, CP 29602 Marbella (Málaga) and with e-mail firstname.lastname@example.org and domain www.trysail.es.
- All trademarks, logos, trade names, distinctive signs, services, content, videos, texts, photographs, graphics, images, software, links and information of any kind that appear on this website are also the property of TRY SAIL S.L., so they may not be reproduced, distributed, publicly communicated, transformed or modified without its express written permission.
TRY SAIL S.L. expressly reserves the rights of reproduction, modification, adaptation, public communication, maintenance, correction of errors, transfer, sale, rental, loan and any other right of intellectual or industrial property on the contents of the website, prohibiting the exercise of the above rights without its express authorization. Therefore, clients accept that TRY SAIL SL promotes images of nautical events or activities on its website with them. The establishment of a link to another page or site on the Internet does not imply in any case the acceptance and approval by TRY SAIL S.L. of its contents or services, and therefore assumes no responsibility for them. Whoever intends to establish a link to this website must previously request the consent of its owner, reserving the right to claim for possible damages that could be caused by the establishment of this link without the necessary authorization.
The personal data that may be collected through this website or in physical format will be treated fairly and lawfully in accordance with the principles and rights set out in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and other implementing regulations.
Said data may be incorporated into files duly registered with the Spanish Data Protection Agency, which are under the responsibility of TRY SAIL S.L with the specific purposes arising from the proper performance of the services requested and for sending communications that may be of interest and always related to TRY SAIL S.L.’s own services.
In order to fulfil the aforementioned purposes, specially protected data may be collected. In processing your personal data, TRY SAIL S.L will apply the following principles that comply with the requirements of the new European data protection regulation:
Principle of lawfulness, fairness and transparency: TRY SAIL S.L will always require your consent to the processing of your personal data for one or more specific purposes.
Principle of data minimisation: TRY SAIL S.L will only request data that is strictly necessary in relation to the purposes for which we require it. As little as possible.
Principle of limitation of the storage period: Data will be kept for no longer than is necessary for the purposes of the processing, depending on the purpose, clients will be informed you of the corresponding storage period.
Principle of integrity and confidentiality: Data will be processed in such a way as to ensure adequate security of personal data and to guarantee confidentiality. All necessary precautions are taken to prevent unauthorized access or misuse of users’ data by third parties.
- Cookies policy: A cookie is a file or device that is downloaded into a user’s terminal equipment for the purpose of storing data that can be updated and retrieved by the entity responsible for its installation. In other words, it is a file that is downloaded to your computer when you access certain web pages. Cookies allow a website, among other things, to store and retrieve information about the browsing habits of a user or their equipment and, depending on the information they contain and the way they use their equipment, they can be used to recognize the user.
This section provides a brief explanation of how to consult and configure the cookie system in relation to the most common browsers or those most used by users.
In this regard, practically all browsers allow the user to obtain general information on the cookies installed on a web page, specifically to verify their existence, their duration or the deletion system. In this regard, for information purposes, a series of related links are provided:
– Google Chrome
– Mozilla Firefox
– Internet Explorer
On the other hand, users may allow, block or delete the cookies installed on their equipment by modifying the configuration of their browser in accordance with the instructions indicated therein. For information purposes, it is indicated that the configuration of cookies is usually carried out in the “Preferences” or “Tools” menu of each browser, in any case, you can always go to the help of your browser to solve or resolve any doubts that may arise in this regard.
It should be borne in mind that, if the installation of all cookies is prevented, the content of the website as well as certain functionalities and services provided by the same may be affected.
The conservation of the data collected through cookies will be related to the purpose for which it is collected, without prejudice to the provisions of law and the customer expressly accepts the processing of cookies by TRY SAIL SL.
- The security measures of the personal data communicated by the user to TRY SAIL S.L. could be stored in automated databases, whose ownership corresponds exclusively to TRY SAIL S.L., assuming all the technical, organizational and security measures that guarantee the confidentiality, integrity and quality of the information contained therein in accordance with the provisions of current legislation on data protection. Communication between users and https://www.trysail.es is through a secure channel, and the data transmitted is encrypted thanks to https protocols, therefore, optimum security conditions are guaranteed so that the confidentiality of users is assured.
The users of the website may exercise their rights of access, rectification, cancellation and opposition of their data before TRY SAIL S.L. by means of the e-mail address email@example.com or by letter addressed to TRY SAIL S.L. at the address indicated in the first clause. Everything expressed in the present paragraph is compatible with NINETH CALUSE of the present conditions.
ELEVENTH CLAUSE.- Legislation.
– According to Law 7/1998, of 13 April, on General Contracting Conditions. Article 1 (objective scope). “General contracting conditions are pre-drafted clauses whose incorporation into the contract is imposed by one of the parties, regardless of their material authorship, their external appearance, their extension and any other circumstances, having been drafted for the purpose of being incorporated into a number of contracts”.
– According to Law 34/2002, of 11 July, on information society services and electronic commerce (LSSI), which states in Article 27.4 (Obligations prior to contracting).
“Prior to the start of the contracting procedure, the service provider must make available to the recipient the general terms and conditions to which, where applicable, the contract must be subject, so that they can be stored and reproduced by the recipient”.
TWELFTH CLAUSE.- Presentation and reading of these terms and conditions
By using this website and buying services that concern TRY SAIL S.L. you agree to be bound by these terms and conditions. TRY SAIL S.L. is obliged to announce the existence of these conditions at any time the client may request these legal conditions to read them, before accepting the contractual formalization or after doing so.
THIRTEENTH CLAUSE.- Jurisdiction.
In any extrajudicial or judicial claim that is used against TRY SAIL S.L., the parties to this Legal Notice are subject to the jurisdiction of the Courts of Marbella (Malaga).