General conditions of contracting Xaloc Diving Center (and xalocdive.cat)

The use of the services or the contracting of products or services in xalocdive.cat imply the acceptance of the following General Contracting Conditions (hereinafter, “the General Conditions”). These General Conditions are only available to Clients in the Spanish language.

1.- Acceptance and availability of the General Conditions

By accepting these General Conditions you declare:

that he is a person of legal age and with sufficient capacity to contract;
that you have read, understand and accept these General Conditions.
These general conditions regulate the legal relationship that emanates from recruitment processes conducted among users-clients (hereinafter “Customers”) of the Web page dive trips located in the url  http://xalocdive.cat  (in hereinafter, “the Web page”) owned by Xaloc Diving Center SL (hereinafter, “xalocdive.cat”).

These General Conditions can be printed and stored by the Clients (right button of the mouse, option “print …”). xalocdive.cat makes available to them the telephone number 972 751458 and the e-mail address  info@xalocdive.cat  so that they can raise any questions about these General Conditions.

2.- Applicable standards

These General Conditions are subject to the provisions of Law 7/1998, of April 13, on general contracting conditions. Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws; Law 7/1996, of January 15, on the Regulation of Retail Trade; Organic Law 15/1999, of December 13, on the Protection of Personal Data and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.

3.- Modification of the General Conditions

xalocdive.cat may modify these General Conditions by notifying Clients in advance in order to improve the services and products offered through xalocdive.cat. By modifying the General Conditions set out on the xalocdive.cat website, said duty of notification shall be understood to have been fulfilled. In any case, before using the services or contracting products offered on the website, Clients are recommended to consult the General Conditions.

4.- Description of the products and services

The xalocdive.cat products that are marketed by email or by downloading files, upon payment, by the Clients, do not grant them the right to return the price once the selected product has been received.

5.- Exclusion of the right of withdrawal

Customers may not exercise before xalocdive.cat the right of withdrawal provided for in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and others Complementary laws because the products and / or services of xalocdive.cat are included in the exceptions provided for in article 103 of the indicated regulations.

6.- Payment and billing methods

All the prices that appear on the website are expressed in the euro currency.

Wire transfer:

The Client undertakes to make the payment for the amount corresponding to the services / products purchased. For this purpose, if the Client selects this form of payment, with the acceptance of these General Contract Conditions, he shows his consent to make a deposit or bank transfer in the payment account provided by xalocdive.cat, the payment operation being initiated by xalocdive. cat on the basis of the aforementioned consent, given by the Client.

By payment by card-POS:

If the Client selects this form of payment, he accepts that he will make the payment of the products and services consumed by means of the credit card indicated in the user registration, using the payment gateway enabled by xalocdive.cat and managed through his bank. . The Client guarantees and is responsible for all the information provided on his card to be valid. The Client accepts that in order to facilitate subsequent access and consumption of any service or product from the xalocdive.cat website, it will keep the card details communicated in the last payment made. However, the Client may modify whenever he wishes and before each purchase, the card number to make the charge, the same being retained by xalocdive.cat for subsequent purchases.

The Client consents that xalocdive.cat issues his invoices in electronic format. If you wish to revoke said consent, you can indicate it by email addressed to  info@xalocdive.cat .

7.- Intellectual and industrial property

The contents provided by xalocdive.cat are subject to intellectual and industrial property rights and are the exclusive property of Xaloc Diving Center SL or of the individuals or legal entities that are informed. By acquiring a product or service, xalocdive.cat does not confer on the purchaser any right of alteration, exploitation, reproduction, distribution or public communication of it, with xalocdive.cat reserving all these rights. The transfer of the aforementioned rights will require the prior written consent of xalocdive.cat. The client may not make said content available to third parties.

The intellectual property extends, in addition to the content included in xalocdive.cat, to its graphics, logos, design, texts, images and source code used for its programming.

The trademarks, trade names or distinctive signs are owned by xalocdive.cat or third parties, without it being understood that access to the website attributes any right over them.

8.- Use of the service and responsibilities

xalocdive.cat does not guarantee the permanent availability of the services offered on the website, being exonerated from any type of responsibility for possible damages caused due to the unavailability of the services due to force majeure or errors in the telematic transfer networks of data, beyond your control.

xalocdive.cat is not responsible for the content of the links to other Web pages that are not owned by it and that, therefore, cannot be controlled by it.

The client declares that he knows that the information provided by xalocdive.cat through its services is not legal and is only offered for informational purposes.

9.- Privacy and protection of personal data

By providing the email address or other personal data, a necessary requirement for contracting certain services, Clients give their permission for said addresses to be processed and, in addition, used to send commercial communications for the promotion or advertising of the services. and products offered by xalocdive.cat. makes available to Clients the email address  info@xalocdive.cat  and the telephone number 972 75 2071, so that they can revoke the consent given. Postal address: Xaloc Diving Center SL, calle Eivissa 1, 17258 L’Estartit (Girona / Spain)

xalocdive.cat declares that it complies with current regulations regarding data protection, in particular Organic Law 15/1999, of December 13, on the Protection of Personal Data and Royal Decree 1720/2007, of December 21, by which the Regulations for the development of the aforementioned Organic Law are approved. xalocdive.cat makes available to Clients the means of contact referred to in the previous paragraph so that they can exercise their rights of access, rectification, cancellation and opposition guaranteed by current legislation.

10.- Applicable legislation

These General Conditions will be governed and interpreted in accordance with the laws of Spain.

11.- Notifications

All notifications, requirements, requests and other communications that have to be made by the parties in relation to these General Conditions, must be made in writing and it will be understood that they have been duly made when they have been delivered by hand or sent by ordinary mail to address of the other party or to the email address of the other party, or to any other address or email that for these purposes each party may indicate to the other.

12.- Nullity and ineffectiveness of the clauses

If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, the General Conditions subsisting in everything else, having such provision, or the part of it that is affected, by not being placed.

13.- Product contracting clauses

Registration conditions:
All divers of a level equivalent to PADI Open Water (that is, those divers who have and exhibit initial level certification) can contract dives. However, products such as diving baptism or “snorkeling” do not require prior diving certification. The client must be informed of the minimum required certification.
It is mandatory to present at the dive center: the diving license -in original copy- and the dive book, as well as the diving insurance in force.

Organization of dive trips:
Possession of a diving qualification does not exempt from the obligation to carry out a first rehabilitation and mandatory control dive. The person in charge of the diving center will be the one who will assess the aptitude of the participants to dive. The dives are planned to respect local and general regulations (never dive alone). In most of our dives, it is not allowed to descend beyond 30 meters. A safety stop of about 3 minutes is mandatory before surfacing. The person in charge of the center is the one who judges the technical conditions allowing or not the boat trips and at the same time reserves the right to prohibit any diver from diving if he considers that the person may be in danger or may be a risk to the divers. other divers.

Diving equipment:
Divers can possess and bring complete diving equipment, but there is rental material available, although the reservation of this material must be made in advance and it must be taken into account that, as it is standard material, it may not be perfectly fit each person. Photographers should bring all equipment, including adapters, transformers, etc.

Dives not made:
Dive packages include an exact and predetermined number of dives, without taking into account the unit price of each dive made. Consequently, whether the head of the center imposes a certain number of dives with a companion (with or without a fee supplement) or for meteorological or technical reasons – outside the dive center – (plane delays, sea conditions, etc. …) Or by the participants’ own will or by reasoned decision of the person in charge, some dives have not been carried out, there will be no possible refund or right to claim damages for not taking the dive.

Regarding flora and fauna
Failure to respect local regulations on the protection of fauna and flora may result in the prohibition of diving.

Organization:
The technical organization of our dives and courses is carried out by Xaloc Diving Center SL., CIF B 17966474, with registered office at C / Eivissa 1, 17258 L’Estartit (Girona).

Registration:
In the registration act, the percentage that the diving center considers appropriate of the total amount of the dives package must be deposited, not considering any place as firmly committed until said deposit is made. The rest must be paid, at least 20 days before the start date of the dives, otherwise the place is considered as canceled, applying, in this case, the conditions outlined in the cancellation section.
The prices indicated have been calculated based on the cost of fuel and other energy sources. applicable on the date of publication of the program or offer that, where appropriate, have been made public in print. Any variation in the price of the aforementioned elements, up to 20 days before departure, may lead to the revision of the final price of the trip and will only be increased by the strict amounts of the aforementioned price variations. The client can accept the alterations or cancel their dives, reimbursing the deposits, after deducting the cancellation and management costs, if any.

Cancellations:
At any time the client can withdraw from the services requested or contracted, having the right to a refund of the amounts that he had paid but will have to compensate the diving center for the concepts indicated below:
1. Management expenses
2. Cancellation costs
3. A penalty, consisting of
a) 5% of the total amount of the dives if the withdrawal occurs between 10 and 15 working days before the departure date of the trip
b) 15% between the days 10 and 3 before departure.
c) 25% within 48 hours before departure.
d) 100% if you do not show up at the scheduled departure time.
If for any reason the client has to abandon or interrupt their dives once they have started, they will not have any right to reimbursement.

Cancellations and modifications:
The Diving Center may only cancel the contracted services or modify the agreed conditions for sufficient reasons, such as not reaching the sufficient number of participants set in the agreed conditions, provided that it communicates with a minimum of 10 days before departure. In this case, the client will have the right to return the amounts paid but not to compensation for damages.

The price of the dive includes:
The number of dives to be carried out, depending on the days of stay indicated; the equipment made available: compressors, bottles and leads; transfers to diving areas, diving insurance.

The price of the dive does not include:
The rental of personal diving equipment; supplementary or night dives.

Cancellation insurance and insurance for diving:
In none of our dives or travel courses is cancellation insurance included nor is specific insurance for diving accidents included, which will also be contracted by the diving center only if requested by the client

CONFIDENTIALITY
The Information (products and services) supplied to the CLIENT are for their exclusive and sole use, for which the same is obliged to maintain total confidentiality in relation to the data and information transmitted. The CLIENT may not transfer said information or part of it to third parties without the prior written consent of Xaloc Diving Center SL. These confidentiality obligations will continue even after the end of its relationship with Xaloc Diving Center SL. The CUSTOMER will therefore be responsible for any misuse or leakage that occurs between its staff or any third party to whom the Information has been communicated.

Although Xaloc Diving Center SL dedicates the greatest effort and care to ensure that the information provided about its trips is correct and reliable, due to the fact that the information is prepared from the data provided by sources over which it does not always have control. and whose verification is not always possible and given the large amount of material with which it works to compile the information, it does not provide guarantees about the accuracy, reliability, temporality of the information provided nor is it responsible for possible errors or omissions in it. Consequently, the CLIENT may not demand any responsibility for damages derived from errors and / or incorrectness or inaccuracy in the information provided.

INTELLECTUAL PROPERTY
The information object of this contract materialized in the products are the property of Xaloc Diving Center SL, as an object of intellectual property and are protected by the provisions of Royal Legislative Decree 1/1996, of April 12, by which it is approved the revised text of the Intellectual Property Law, according to the wording given by Law 5/1998 of March 6, being the object of protection not only the data contained therein, but also as data collection / systematization, in the terms provided in article 133 and following of the current Intellectual Property Law. Access to the Information and, where appropriate, to the Xaloc Diving Center SL Database, authorized and regulated by means of this contract,

14 Competent jurisdiction and extrajudicial dispute resolution

In the event of a dispute between xalocdive.cat and the user, the latter may file his action before the Spanish courts corresponding to the domicile of xalocdive.cat, or before the courts of the place where the user is domiciled.

xalocdive.cat informs users that, in the event of a dispute, they may alternatively go to the online dispute resolution platform created by the European Commission under Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, regarding the resolution of online disputes in consumer matters. This platform is accessible through the following link:  http://ec.europa.eu/consumers/odr .

 

Xaloc Diving Center SL
All rights reserved.