PRIVACY POLICY AND LEGAL NOTICE

I. PRIVACY POLICY

In compliance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and the Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, you are informed that the personal data provided by you through the websitewww.llatinaboats.com/(hereinafter the website), will be treated in the following terms:

Responsible for the treatment

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The personal data collected through this website will be processed by TEÓFILO VALENTE HERNANDEZ, with address for the exercise of rights at Apartado Correos 35, 07740 - ES MERCADAL (ILLES BALEARS) -info@llatinaboats.com and by JESICA ISABEL GARCIA ALCALA as Administrator of ROCK BOATS MENORCA SL, with address for the exercise of rights at Cami de Ses Rodees 1- Local 1, 07703 Maó  (ILLES BALEARS) -jessicagarciaalcala@gmail.com.

 

Purposes of the treatment

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• Inform you about our products and services, when requested through the forms on the website or by email.

• Answer and manage your queries, comments and suggestions, if applicable.

• Manage your participation in present and future selection processes, when you send us your data (including your CV) for said purpose.

• Manage your reservation, in case you make a reservation through the website.

• In order to obtain information on the use of the website, the number of pages visited, the number of visits, as well as the activity of the visitors and their frequency of use are analyzed. For these purposes, the RESPONSIBLE uses statistical information prepared by the Internet Service Provider that does not allow the interested party to be identified at any time.

Legitimation

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Consent. The personal data obtained through the forms of the website will be processed solely based on the consent granted by the interested party, through the acceptance of the box provided for this purpose. This consent can be withdrawn at any time.

Legitimate interest of the person responsible. The statistical information obtained from the website will be treated based on the legitimate interest of the person in charge. This information does not allow the identification of the user.

Execution of a contract. The treatment carried out for the management of the orders requested through the online store is based on the execution of a contract in which the interested party is a party or for the application at his request of pre-contractual measures.

 

Recipients

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The personal data obtained through the website may be communicated to the corresponding financial institution when necessary to manage the payment of the orders placed, as well as to the courier company, when necessary.

 

Conservation

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The personal data provided by the user to receive commercial communications will be kept as long as the interested party does not request their deletion or withdraw their consent.

When the user sends their personal data to participate in the RESPONSIBLE's selection processes, the data will be processed to participate in these selection processes, and if they are not selected, their personal data will be kept for a period of two years in order to be able to count on their participation in future processes.

When the user sends their data to contact the RESPONSIBLE, make queries or suggestions, the data will be kept as long as it is necessary for this purpose and responsibilities for the treatment may arise.
Traffic data, statistics and web visits: the data will be kept for a period of three years.

 

Rights

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You can exercise your rights of access, rectification, deletion and portability of your data, limitation and opposition to its treatment, by writing accompanied by an official document that identifies you addressed to TEÓFILO VALENTE HERNANDEZ Post Office Box 35 - 07740 MERCADAL (Illes Balears). E-mail:info@llatinaboats.com or JESICA ISABEL GARCIA ALCALA as Administrator of ROCK BOATS MENORCA SL with address for the exercise of rights at Cami de Ses Rodees 1- Local 1, 07703 Maó  (ILLES BALEARS) -jessicagarciaalcala@gmail.com with  In case of disagreement with the treatment, you also have the right to file a claim with the Spanish Agency for Data Protection (www.aepd.es).

Child Protection Policy

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Whoever provides the data through the forms on this website and accepts its treatment formally declares to be over 18 years of age.
The access and use of the portal to those under 18 years of age is prohibited.
The RESPONSIBLE reminds people of legal age who are in charge of minors, that it will be their sole responsibility if a minor enters their data to request a product.
It also informs them that there are computer programs to limit browsing by filtering or blocking certain content.

 

Treatment derived from the use of social networks

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By following our profile on social networks, you expressly consent to the processing of your personal data in accordance with the privacy policy of the corresponding social network. Likewise, you expressly consent to the CONTROLLER's access to the processing of your data contained in your profile and that the news published about any RESPONSIBLE product appear on your wall. Your request to connect necessarily implies your consent for the indicated treatments, this being the legal basis of the treatment. The data will be kept as long as the interested party does not request their opposition or withdraw their consent, being able to withdraw this at any time.

The publication of comments and content on social networks will become public information, so users should be especially cautious when they decide to share their personal information. The CONTROLLER is not responsible for the information that users enter on the page. However, the people whose personal data is published or included in comments, may request the RESPONSIBLE to cancel them.


II. LEGAL WARNING

ID

In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, TEÓFILO VALENTE HERNANDEZ/ROCK BOATS MENORCA SL ( onwards LLATINA BOATS MENORCA), informs you that the data Consigned here correspond to the entity that owns the websitewww.llatinaboats.com/.

Denomination: TEOFILO VALENTE HERNANDEZ
Home: CAMI TRAMUNTANA, 8, 07740 - ES MERCADAL (ILLES BALEARS) - SPAIN
Phone: +34 678239487
E-mail:info@llatinaboats.com
CIF: 52992161T

 

Denomination: ROCK BOATS MENORCA SL

Home: CAMI SES RODEES, 1, LOCAL 1, 07703 - MAÓ (ILLES BALEARS) - SPAIN

Phone: +34 678239487

E-mail:jessicagarciaalcala@gmail.com

CIF: B16656415


Intellectual and industrial property

All Industrial and Intellectual Property rights of all the elements contained in this website, including trademarks, formats, graphic designs, texts, images and documents, belong to LLATINA BOATS MENORCA and are protected by Spanish and international laws. on Intellectual and Industrial property. The total or partial reproduction of this website and any of its contents without the express written permission of LLATINA BOATS MENORCA is expressly prohibited.

Access to the website does not imply any type of waiver, transmission, license or assignment of said rights by LLATINA BOATS MENORCA, unless expressly stated otherwise.

Terms of use

Access to this website implies acceptance of these conditions of use without reservations that regulate access and use of the same in order to make information about our products available to users.

The use of the contents of this website for its use for commercial purposes or for its distribution, transformation or communication is expressly prohibited.
LLATINA BOATS MENORCA will not be liable for any consequence, damage or harm that may arise from said use or use of the information.

Both access to this website and the use that may be made of the information contained therein is the sole responsibility of the person who performs it.

The user undertakes not to use the information published on this website for illicit or harmful purposes or effects, not to damage or disable the information and not to perform any other action that may be contrary to the content of this Legal Notice.

LLATIN BOATS MENORCA cannot guarantee the absence of interruptions or errors in access to this website, although it will do its best to avoid them.

Links to other websites

The links (links) that you can find on this website are a service to users. These pages are not operated or controlled by LLATINA BOATS MENORCA, therefore, it is not responsible for the contents of these Web sites nor are they covered by this Legal Notice. If you access these web pages, you should take into account that their privacy policies may be different from ours.

Applicable legislation and jurisdiction

This Legal Notice is governed by current Spanish regulations that apply to it.

For the resolution of disputes that may arise as a result of the provisions of these provisions and their interpretation, application and compliance, the parties submit to the jurisdiction corresponding to the user's address.

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GENERAL CONDITIONS OF CONTRACT

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Introduction

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This contractual document will govern the General Conditions of boat rental contracting (hereinafter, "Conditions") through the websitewww.llatinaboats.com/, owned by TEÓFILO VALENTE HERNANDEZ/ROCK BOATS MENORCA SL under the trademark of LLATINA BOATS MENORCA, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.

These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, since those that are in force at the time of placing orders will be applicable.

The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commerce Codes and in this or in other special laws.

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The acceptance of this document implies that the USER:

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• You've read, you understand and you're agree with this text.

• He is a person with sufficient capacity to contract.

• It assumes all the obligations set forth herein.

 

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible and knows the current legislation, and reserves the right to unilaterally modify the conditions, without this affecting the terms and conditions that were implemented prior to the modification.

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Identity of the contracting parties

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On the one hand, the boat rental PROVIDER contracted by the USER is TEÓFILO VALENTE HERNANDEZ, with registered office at CAMI TRAMUNTANA, 8 - 07740 ES MERCADAL (Illes Balears), NIF 52992161T and ROCK BOATS MENORCA SL, with registered office at CAMI SES RODEES, 1 - LOCAL 1, 07703 MAÓ (Illes Balears), CIF B16656415 and with customer/USER service telephone number 678239487.

And on the other, the USER, who rents a boat on the website, and is responsible for the veracity of the personal data provided to the PROVIDER.

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Object of the contract

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The purpose of this contract is to regulate the boat rental contractual relationship between the PROVIDER and the USER at the time the latter accepts the corresponding box during the online contracting process.

The contractual relationship entails the execution, in exchange for a specific price and publicly displayed through the website, of a specific boat rental.

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Recruitment procedure

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The USER, in order to access the services offered by the PROVIDER, must be of legal age and reserve the boat through the website by entering their personal data. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal and detailed data in the Legal Notice and in the Privacy Policy of this website.

It is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

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1. General contracting clauses.
2. Activation of services.
3. Right of withdrawal (cancellations).
4. Online Claims and Dispute Resolution.
5. Force majeure.
6. Competition.
7. Generalities of the offer.
8. Price and period of validity of the offer.
9. Transportation costs.
10. Form of payment, expenses and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Governing Law and Jurisdiction.

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1. GENERAL CONTRACT CLAUSES

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Unless specifically stipulated in writing, making a reservation to the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

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2. ACTIVATION OF SERVICES

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The PROVIDER will previously inform the USER about the procedure that must be followed to make the reservation of the boat.

The automatic system for calculating availability and prices allows the USER to choose the boat and all the extra services that interest him and immediately make the payment (partial or total) online or, failing that, he can make a bank transfer.

The PROVIDER will not reserve the boat until it has verified that the payment has been made. Once the payment is verified, the PROVIDER will contact you by email to confirm the reservation. This term is understood as long as availability has been confirmed.

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3. CANCELLATIONS (right of withdrawal)

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The USER has a period of fourteen calendar days, counted from the activation of the reservation, or, from the conclusion of the contract, to exercise the right of withdrawal. If the PROVIDER has not complied with the duty of information and documentation on the right of withdrawal, the term for its exercise will end twelve months after the expiration date of the initial withdrawal period (article 71 of Law 3/2014, of 27 of March).

The right of withdrawal may not be applied in the following cases:

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- Once the service has been fully executed, when the execution has begun, with the prior express consent of the PROVIDER and USER and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by the PROVIDER, will have lost their right of withdrawal.

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Any return must be communicated to the PROVIDER, requesting a return by email info@llatinaboats.com, indicating the reservation number.

In case of refund of the amount, the USER could be penalized for the following concepts:

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- If the reservation is canceled before 48 hours from the date of the activity, the PROVIDER will return 100% of the reservation to the USER.

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The USER may terminate the contract without paying any penalty and obtain a full refund of all payments made if any of the essential elements of the boat rental is significantly modified that substantially affects its execution and the PROVIDER, if applicable, fail to solve the problem by suitable alternative formulas, at no additional cost.

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4. CLAIMS AND ONLINE DISPUTE RESOLUTION.

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Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:

Postal:

TEÓFILO VALENTE HERNANDEZ, CAMI TRAMUNTANA, 8 - 07740 ES MERCADAL (Balearic Islands)

JESICA ISABEL GARCIA ALCALÁ, CAMI SES RODEES, 1 - LOCAL 1, 07703 MAÓ (Balearic Islands)
Telephone: +34 678239487
E-mail:info@llatinaboats.com

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Online Dispute Resolution

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In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and/or impose a solution to the conflict.

Link to the ODR platform:http://ec.europa.eu/consumers/odr/

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5. FORCE MAJEURE

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In circumstances of force majeure or exceptional, for example, in the event that there are serious security problems at the destination that may affect the boat rental, the USER may terminate the contract before the start of the boat rental, without paying no penalty. The parties will not incur responsibility for any fault due to a major cause. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.

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COVID-19: If due to mobility restrictions or another reason referring to the consolidated regulations in the COVID-19 code, the USER cannot rent a boat, the registration amount will be fully refunded or he will have the possibility of using your reservation on a new date proposed by the PROVIDER.

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6. COMPETITION

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The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted.

If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these Conditions in their entirety.

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7. GENERAL INFORMATION ON THE OFFER

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The details of each boat rental are reported to the USER in its respective description on the website.

All reservations made by the PROVIDER shall be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of TEÓFILO VALENTE HERNANDEZ/ROCK BOATS MENORCA SL or to what is stipulated herein, will take effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.

Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.

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8. PRICE AND VALIDITY TERM OF THE OFFER

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The prices indicated for each boat rental include Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include any other additional services and attachments to the purchased service.

The prices applicable to each service are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.

Before making the purchase you can check online all the details of the budget: services, quantities, price, availability, charges, discounts, taxes and the total of the reservation.

Once the reservation is made, the prices will be maintained whether the service is available or not.

The price of the boat rental can only be increased if specific expenses occur, for example, in fuel prices and if it is expressly stipulated in the contract, and in no case in the last twenty days prior to the start of the boat rental. If the price increase exceeds eight percent of the boat rental price, the USER may terminate the contract. If the PROVIDER reserves the right to increase the price, the USER will be entitled to a price reduction if the corresponding expenses decrease.

The PROVIDER will be responsible for errors due to technical defects that occur in the reservation system that are attributable to it, as well as for errors made during the reservation process, when the PROVIDER has agreed to manage the reservation.

The PROVIDER will not be responsible for reservation errors attributable to the USER or caused by unavoidable and extraordinary circumstances.

If, once the boat rental has started, significant elements of it cannot be provided, the PROVIDER must offer the USER adequate alternative formulas, at no additional cost. The USER may terminate the contract without paying any penalty in the event of non-execution of the services when this substantially affects the execution of the rental and the PROVIDER fails to solve the problem.

The USER will be entitled to a price reduction and/or compensation for damages in the event of non-execution or incorrect execution of the services.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the latter has informed at the time of placing the order. If you want to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke said decision at any time.

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For any information about the order, the USER may contact the PROVIDER's customer service telephone number +34 678239487 or via email to the address info@llatinaboats.com

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9. TRANSPORTATION COSTS

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There are no transportation costs.

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10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS

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The PROVIDER is responsible for economic transactions and enables the following ways to pay for an order:

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• Credit card

• Debit

 

 

Security measures

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The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to the data. To achieve these purposes, the USER accepts that the PROVIDER obtain data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder(s).

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11. PURCHASE PROCESS

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Basket (budget simulation)

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The website has a search system by different parameters to facilitate the reservation:

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• Reservation with immediate confirmation: Minimum price of the service stipulated on the web. You can make the reservation online and add the extra services that suit you.

• Price not available: In the case of not having the price of the service, the USER will be informed as soon as possible, by email or telephone.

 

Select the date, the people to board (adults and children) and the extra services chosen and make the reservation. The selected services, the quantity, the price and the total amount will be observed.

From here you can make the reservation by following the steps below for its correct formalization:

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1. - Checking the billing information.
2. - Verification of the service provision method.
3. - Selection of the payment method.
4. - Make the reservation.

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Once the reservation has been processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the completion of the reservation.

In a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the reservation, as well as all the relevant information.

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12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE AGREEMENT

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If any of these terms and conditions are found to be unlawful, void, or for any reason unenforceable, this condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, for any valid reason, including, without limitation, when the USER does not comply or follow any of the obligations established in this document or any applicable legal provision, license, regulation, directive, code of practice or use policy.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not harm or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

13. APPLICABLE LAW AND JURISDICTION

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These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any controversy that may arise from the provision of the products or services subject to these Conditions.

In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between the two in accordance with Art. 14.1 of Regulation (EU) 524/ 2013, without the need to resort to the courts of justice. For more information, see clause "4. CLAIMS AND ONLINE DISPUTE RESOLUTION" of these Conditions.