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General conditions of booking

1.1. IMPORTANT INFORMATION BEFORE BOOKING

1.This General Conditions of Booking, and if necessary, any special conditions that may apply, regulate both,  the placing of information and the commercial relations that arise between REDSTARTOURS S.L., domiciled at Cal Reiet Street, No. 14, 07650 Santanyi, Majorca with TAX Number B57908741 hereinafter referred to as REDSTARTOURSand any third parties (hereby known as The Users) who contract services or products offered on the website: www.redstartours.com and its subdomains: en.redstartours.com, fr.redstartours.com, ca.redstartours.com, de.redstartours.com, it.redstartours.com (hereinafter referred to as Website)

2.These General Conditions of Booking have been drawn up in accordance with the regulations laid down in Act of Law 34/2002 (Services in the Information and Electronic Commerce Community); Act of Law 7/1998 (General Conditions of Booking); Act of Law 1906/1999 regulating bookings made by telephone or electronically and the General Conditions defined in Article 5.3 of the Act of Law 7/1998; Act of Law 1/2007 Amendments to the General Act for the Protection of Consumers and Users and other similar laws; Act of Law 7/1996 (Regulation of Retail Shopping); Act of Law 59/2003 regulating Electronic Signatures and any regulations applied to their use.

3.  Using and/or contracting any of the services offered on the website implies the Users’ acceptance, without reservation, of each and every one of the General Conditions of Booking or the General Conditions for using the website, whichever is applicable, that applies to a purchase/booking. By using the Website or making a booking or a purchase through the Web the User accepts the company’s Conditions of Booking and the Privacy Policy, confirming that they have read and accepted without reservation the current conditions. We reserve the right to modify these conditions and it is therefore important that the User reads them before making each booking.

4. REDSTARTOURS advises that the steps involved in making a purchase of goods and/or contracting any of the services offered are those described in the current General Conditions, plus any other conditions specified on the screen during the procedure. Users must therefore confirm they understand and accept these steps as being necessary to reach the products and services offered on the website.

5.  Users who contract services through REDSTARTOURS’ website confirm that they are adults (over 18) and can legally enter into, and be bound by, a contract. If this should not be the case, the consent of parents or legal guardians will be necessary before using the contracted services.

6.No contractual obligation exists between the User of the website and REDSTARTOURS, in respect of any product, until a request or reservation has been expressly accepted by us on receipt of the CONFIRMATION OF THE REQUEST. The company will then send an email with the CONFIRMATION OF THE BOOKING at which time it is understood that the contract is formalized and the company has accepted the booking made by the User.

The prices are those shown on the website (except where there is an obvious error) at the time of booking. REDSTARTOURS reserves the right to make any changes it considers necessary at any time and without prior warning. Updates or changes to products, services and prices may sometimes be made daily.

Once the User has selected the service they wish to book, they should proceed to make full payment of the price using paypal, stripe or the following cards: Visa, Mastercard, American Express, Maestro.


2. CONTRACTUAL CONDITIONS OF CARRIAGE

1. Only people in possession of a ticket, issued by one of our offices, or an online booking voucher (showing the locator reference) – hereafter “Booking Voucher” – can board. Tickets or Booking Vouchers can be issued either in the name of an individual or group booking. The holder of a ticket or Booking Voucher is protected under the regulations Act of Law 1575/1989 of 22 December.

2. Passengers booking via email should collect their ticket from one of our offices in the Port at least 10 minutes before boarding. Boarding takes place 10 minutes before the time of departure.

3. The Ticket or Booking Voucher is only valid for travel on the date and time shown.

4. The boarding time limit is 5 minutes prior to the published time of departure. After this time no boarding will be allowed.  REDSTARTOURS accepts no responsibility should a passenger or passengers be refused boarding. Passengers who do not board for reasons outside the control of the Carrier have no right to any refund of the cost of the ticket.

5.  Cancellation conditions for reservations, tickets or Booking Vouchers. No refund will be allowed for cancellation by the passenger/s of a booking, a ticket or a Booking Voucher issued for a specific date if made 24 hours or less prior to the time of boarding.

6. The passenger may obtain from the Company the refund of the ticket, should not use it, according to the following conditions:

1. Each application presented within 48 hours, 100 % of the price ticket will be returned.

2. There will be a deduction of 20 % from the ticket value, if the petition is presented 24 hours prior to departure.

3. Tickets will not be refunded if the cancellation is done within the 24-hour period prior to the time of departure, even if the reservation has been made on the same day.

7. In case of cancelling an issued online Booking Voucher, a refund will not be made until the excursion has taken place and having verified that it has not been used. Always, after having fulfilled the conditions specified in point 2.6.

8. Refund of a ticket, Booking Voucher or reservation. Refunds will be made in the same form as the payment has been made at the time of the reservation..

9. The Carrier will accept no claim/complaint that is not accompanied by the corresponding ticket used by the passenger or the Booking Voucher showing the Locator reference.

10. A passenger who does not board for any reason not concerning the Company’s control will not have any right for a refund of any ticket costs

11. Times and itineraries may experience changes due to extraordinary circumstances or extreme weather conditions. In such cases the Carrier will take all reasonable actions to notify those passengers affected by the changes.

12. If the need arises, the Carrier is entitled to use another transport company or use other boats.

13.  In the event that the vessel for which this ticket has been dispatched fails to sail due to extraordinary circumstances or extreme weather conditions, the company does not assume more responsibility than the obligation to refund the entire value of the ticket

14. REDSTARTOURS holds an insurance policy covering the transport, subject to the conditions set out in the Compulsory Insurance for Travellers (Seguro Obligatorio de Viajeros).

15. We advise customers that boat tours are not advisable for passengers that are pregnant or with back problems. The passenger should inform REDSTARTOURS about any these conditions for advise. REDSTARTOURS will not accept responsibility for any injury, which may result.

16. Claims for loss or damage. The Carrier will only accept claims from passengers up to the limit of the cover provided by the Compulsory Insurance for Travellers.

17. REDSTARTOURS accepts no responsibility for possible theft or loss of passengers’ personal effects. It is recommended that passengers keep their belongings with them at all times.

18. Any exclusion or limits to responsibility on the part of REDSTARTOURS also apply to their agents, employees and representatives, and to any person or entity whose boat is used by REDSTARTOURS for the transport of its agents, employees and representatives.

19. Banned objects. It is forbidden to carry as luggage, without the express permission of the company: pressurized gas (inflammable, non inflammable, poisonous); Corrosives such as acids, chemical inks, industrial batteries; explosives, munitions, fire crackers or any other article which is easily inflammable; inflammable liquids or solids such as matches, lighter fuel or alcohol; oxidising substances; poisons; radioactive material; other items, such as mercury, magnetic material, materials causing irritation and, generally, any product or object that could represent a danger to passengers or the boat. It is also strictly forbidden to take illicit substances on board.

20. Passengers are subject to police regulations for good behaviour. The captain will establish the rules of behaviour to be followed on board.

21. No employee, crew member, agent or representative of REDSTARTOURS can modify or cancel any of the conditions in this contract

22. Should any provisions in this contract be inefficient, the agreement validity will not otherwise be affected in everything else stated therein. In that case there will apply as valid what corresponds to the meaning of anything agreed therein. If a question arises regarding the interpretation of any text written in a foreign language, the text written in Spanish is considered as the definitive version.

23.  All the information provided by the passenger at the time of reservation or purchase of a ticket, either at our offices, through our website or at any other ticket sales channel, must be correct. Otherwise Marcabrera is not responsible for any problems that may arise. We reserve the right to not proceed to make the reservation or sale if we detect any error or inaccuracy in the data.

24. Under these conditions, the passenger is subject to the Organic Law 15/1999 of 13 December of Personal Data Protection.


3.TERMS AND CONDITIONS FOR HIRING A BOAT PROPERTY OF REDSTARTOURS

1. Validity of this contract is subject, by way of a suspensive condition, to the payment by the charterer of the amount for reservation stipulated in the general condition below, and reservations are not therefore effective until said payment has been made.

2. On the day of embarkation the charterer will pay the lessor the deposit indicated in the specific conditions, and it will be used as a warrant against cancellations, repairs, breakages, damage, theft, delays in returning the vessel, differences in the inventory and equipment, compensation, improper use, negligence and penalisation of any kind agreed upon in this contract or which may arise as a consequence of fulfilment of said contract. All of which does not affect any legitimate legal action to claim amounts which may exceed that of the deposit.. When the vessel has been return within the agreed time, the approval checkout has been carried out and the charterer has complied with any requirements which may have arisen as a result of the agreement within this contract, the deposit will be returned within fifteen days to be counted from the date of embarkation. In the event of the existence of discrepancies between the parties on the return conditions of the vessel and the goods on the inventory, the deposit will be returned on termination of the dispute.

3. The vessel which is the object of this contract is covered by an insurance policy, a copy of which is attached, and the charterer declares he or she is familiar with its contents and extent of cover, and undertakes to take whatever measures are necessary to act in accordance with the obligations described in it, and will be the sole responsible party for any consequences deriving from failure to comply with said obligations, if applicable.

4. The charterer will be held responsible for all actions by persons indicated in the list of passengers, which may in no case exceed the maximum capacity of the vessel.

5. It is specifically forbidden to use the vessel to transport merchandise, passengers other than those indicated in the previous point, for the embarkation of arms, animals, drugs or any toxic or dangerous substance. The charterer undertakes to use the vessel exclusively as a tourist or leisure charter and may therefore in no case use it for commercial operations, professional fishing, transport, sporting competitions, and any other activities incompatible with the destined use of the boat.

6.The charterer is obliged to use the boat exclusively as a recreational charter so that in no case can use it to trade operations, commercial fishing, transportation, sports competitions, and any other incompatible with the allowed use of the ship.

7. The charterer, as the sole person responsible for the vessel during the lease period, will use it responsibly, respecting the regulations of the relevant authorities, and he or she is solely and exclusively liable for any consequences arising from failure to comply with said regulations..

8. Improper use of or negligence concerning the boat, infringing current legislation on the part of the charterer, will be sufficient reason for the instantaneous cancellation of the contract. In the case of an infringement of customs regulations or those of any other authority by the charterer, the latter will be held responsible for all fines, sanctions and liabilities which may arise, as well as for any consequences. The lessor has be advised at once in the event of averages, foreseen delay, loss, unsuitability for manoeuvrability, confiscation / seizure or hindrance of the yacht by any authorities or outside agents or observer. Should the seizure or hindrance be due to any fault by the charterer, he will be responsible before the lessor for all the consequences there from. The contract is considered as extended up to the boat return under the obligation of fee payments by the charterer. However, the right to indemnification for damages remains unaffected there for.

9. The charterer will not either pass on nor rent the yacht to any third person.

10. REDSTARTOURS accepts no responsibility for damage to or loss of the personal effects of the passengers which may occur during the lease period.

11. The charterer must send a copy of the qualifications or permit and of the identity card or passport of the person who will carry out the functions of skipper of the vessel and the crew list, which will include all persons on board (whatever their age) with identifying information.  If the documents presented do not constitute authorisation for the running of the boat or do not prove sufficient, necessary technical competence, the contract will automatically be cancelled and the quantities paid hitherto will be kept as damages by the lessor.

12. The navigation zone will be that stipulated in the specific conditions of this contract and only be trespassed with the permit of the lessor. It will also be limited in accordance with the powers granted by the qualifications of the skipper presented. Failure to fulfil said obligation will imply the automatic cancellation of the contract with the loss of the quantities paid to this end, independently of the payment of expenses and responsibilities which may derive from said improper use.

13. The vessel will be delivered, where appropriate, with water and fuel tanks filled.

14. All the additional expenses for victualling, fuel, lubricants, gas, ice, berths in ports and marinas, and in general the costs of materials and maintenance of the boat during the hire period, will be met exclusively by the charterer, and are not included in the price of hire. 

15. If due to a breakdown during the lease period or for other reasons not attributable to the charterer, it were not possible to continue in the rented vessel, the lessor will refund the proportional amount corresponding to the days when use of the vessel was not possible, or provide a vessel with similar characteristics, if possible, of the charterer’s choice. This circumstance will in no case give the charterer the right to extend the hire period.

16.The charterer will not order any repairs to be made without first having informed the lessor, who must give his or her permission.

17. A breakdown caused as a consequence of negligence, incompetence or improper use of the vessel by the charterer will be paid in full by the latter and the lessor will reserve the right to claim for any damages the breakdown may cause. In this case the stipulations foreseen in the point 3.15 of this condition will not be applicablle.

18. The charterer undertakes to inform the lessor immediately of any accident and to transmit any letters, summonses or notifications referring to said accident to the lessor, and to collaborate fully with the lessor and the Insurance Company during the investigation and defence of any claim or trail.

19. In the event of theft of the vessel, the charterer undertakes to make the corresponding report to the relevant authorities, and give the paperwork to the lessor.

20. The personal data in this contract is protected in accordance with Organic Law 15/1999, of 13th December on the Protection of Personal Data. This data can only be treated and passed on to companies dealing with receipt of payment, and for the realisation of the lessor’s advertising campaigns.

21. Any complaint the charterer may wish to make must be made in writing at the time of return of the vessel at the end of the contract. If it is impossible to do so in writing at that time, he or she will communicate it verbally and will have a period of fifteen days to send in the complaint in writing.

22. For the solution of any dispute as a consequence of this contract the parties agree to submit to the Authorities and Courts of Palma de Mallorca, with the relationship between them being governed by Spanish Law.

23. Should any provisions in this contract be inefficient, the agreement validity will not otherwise be affected in everything else stated therein. In that case there will apply as valid what corresponds to the meaning of anything agreed therein.  If a question arises regarding the interpretation of any text written in a foreign language, the text written in Spanish is considered as the definitive version

24. Prior to the delivery of the vessel, and within hours of customer service, both parties will  proceed to checking the existence of all the equipment objects. The charterer  may not refuse to perform the checking or sign, even with the warnings he deems necessary. If the check is carried out within the period foreseen as duration of this contract this does not imply an extension of the contract period by the time the check lasts.

25. The vessel must be returned within the time and in the place determined in the specific conditions of this contract. When the vessel is return the checkout will be carried out by both parties, and at the end of the checkout the corresponding document will be issued in agreement and as proof.

26.  Without the permit by the lessor is not possible any extension of the agreed charter time. The charterer has to keep the yacht within a sufficient proximity to the returning port before the end of the contract. For that purpose he may not appeal to any weather-caused conditions in case of default to returning the ship back on due time.

27. In the event of the charterer failing to return the vessel at the time and in the place agreed, he or she must pay an amount consisting of triple the daily leasehold price to the lessor for each day of delay in respect of damages.

28. After 24 hours from the time foreseen for return of the vessel, if this has not taken place, and if there has been no news of the charterer, the lessor will initiate a search communicating with the relevant maritime authorities. All the expenses arising from this will be met by the charterer.

29. The vessel must be returned in identical conditions with regards to functioning, equipment and inventory, to those at the start of the hire period. If after the checkout any deterioration or breakages in the equipment or functioning of the vessel, or losses of articles in the inventory and equipment were detected, the price of the repairs and replacements will be paid for by the charterer. Said amount will be determined, in the case of articles, based on the values calculated by the lessor in his or her accountancy, which will be shown to this end to the charterer, and in the case of repairs using an estimate by a specialist firm. All damages arising from deterioration or losses will be paid for by the charterer in the event of their not being covered by the vessel’s insurance policy.

30. The lessor may rescind the charter contract. In this case the lessor can receive a refund under the following conditions:

    1. If the request is submitted within 48 hours before departure, it will be refunded 100% of the amount paid.

    2.In the requests submitted within 24 hours before the rental date, it is deducted 50 percent of the rental.

31.  Should the yacht not be able to be handed over for taking delivery at the time fixed in the charter contract, the lessor may deliver a substitute yacht with the same value. In case that the lessor is not able the provide and supply a substitute yacht at the delivery date. If not possible, the charterer may declare the contract rescission. In that case the lessor is compelled to fully giving back the rental fee


4PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES

1. Through this website users will be able to hire and book products or services offered by other companies. Users performing reservations or purchases goods or services from third parties will be subject to the specific terms and conditions such suppliers has established for each case.

2. Suppliers of products or services, within the scope of their respective duties, will be liable to users for compliance with the obligations under current regulations and the terms and conditions of sale of each of the products and services contracted, REDSTARTOURS accepts no liability or responsibility in respect of products or services not provided directly.