1- GENERAL INFORMATION

Ownership of this website, www.lamardecerca.com, (hereinafter Website) holds it: Silvina Mariela Minatta, NIE: X5218399K, whose trade name is “La mar de cerca”, registered in the Tourism Registry of  of the Valencian Community as Travel Agency, number CV-Mm2127-V, and whose contact details are:

Calle Batlle, 5 – 5
46120 Alboraya. Valencia. Spain
Tel. + 34 625 26 30 05
Email: admin@lamardecerca.com

This document (as well as all other documents that are mentioned here) regulates the conditions that govern the use of this Website (www.lamardecerca.com) and the purchase or acquisition of products or services on this (hereinafter Conditions).

For the purposes of these Conditions is understood the activity that La mar de cerca offers through the Website include:

Marketing of tourist services, such as guided tours, activities packages, shows, cruises, gastronomy experiences, sports and recreational activities, …

In addition to reading these Terms and Conditions, prior to access, browse or use this Website, the User must have read the Website Conditions of Use, the Cookie Policy, and Privacy Policy of La mar de cerca. By using this Website, or to make or request the purchase of a product or service through the Website User consents to be bound by these Conditions and all of the above, so if you do not agree with all of this you should not use this Website.

Also reported that these conditions may be modified. The User is responsible to consult them whenever you access, browse, or using the Website as they apply those that are in force at the time the purchase of products and/or services is requested.

For all questions that the User may have about the Conditions please contact the owner using the contact details provided above or using the contact form.

2- THE USER

Access, navigation and use of the Website confers the status of User (hereinafter referred to, interchangeably, individually as User or in combination as Users), by what are accepted, since it starts the navigation of the Website, all the Conditions set forth herein, as well as its subsequent amendments, without prejudice to the application of corresponding legal regulations must be complied with as appropriate.

The User assumes its responsibility for the correct use of the Website. This responsibility extends to a:

• Make use of this Website only to carry out consultations and purchases or acquisitions legally valid.
• Do not send unsolicited e-mails with a massive and/or repetitive nature, advertising or commercial communications or for the acquisition of data with the same purpose.

• Not make any false or fraudulent purchase. If you could reasonably be considered that a purchase of this kind has been done, it could be annulled and inform the relevant authorities.

• Provide truthful and lawful, contact details i.e. address email, mailing address and/or other information (see Privacy Policy).

The User declares being older than 18 and have legal capacity to enter into contracts through this Website.

The services offered through the site are for the exclusive use of the User, so that in no case may resell them or distribute them to third parties.

User can formalize, at its option, with La mar de cerca the contract for the sale of products or services desired in any of the languages in which these terms and conditions are available on this Website.

3- PURCHASE PROCESS

Users can purchase on the Website by the media and established forms. They shall follow the procedure for purchase online from www.lamardecerca.com, during which various products and/or services can be selected and added to the cart, basket or trailing space of buying and, finally, click on “Make Booking”.

Also, User should fill and/or check the information requested at each step.

Once the User has made their selection, all the items that he want to buy will be added to the shopping cart and the next step will be to process the order and make the payment.

Then, the User will receive an email confirming that La mar de cerca has received the purchase request. This does not mean that the order has been accepted. All orders are subject to acceptance and availability of La mar de cerca. The contract for the purchase will be formalized only when the User receives our confirmation email.

Once the purchasing procedure has completed, the User consents to the Website to generate an electronic invoice that the User can request by clicking on the corresponding box. In addition, the User can request La mar de cerca, if desired, a copy of the paper invoice using spaces of contact of the Website or through the contact details provided above.

At the time of purchase, the user acknowledges knowing certain particular conditions of sale relating to the product/ service that are shown in the description of each one on the Website, indicating in each case : name, prices according to ages, details and characteristics of the product/service, requirements, duration, availability, inclusions, additional information, so that will be carried out; and it recognizes that the order of purchase or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

In addition, the User can consult exhaustively the Particular Conditions of Sale that govern this Website at the end of this document.

The User is aware that La mar de cerca shows him a number of services that the owner does not provide to the Users directly, that will be hired and provided by third parties other than La mar de cerca (our suppliers).

Communications, orders and payments involved during transactions made on the Website could be archived and preserved in computerized of La mar de cerca records in order to provide a means of proof of the transactions, in any case, respecting the reasonable conditions of safety and the laws and regulations that are of application, and in particular in this regard according to the data protection act and rights that assist Users in accordance with the Privacy Policy.

4- AVAILABILITY

All purchase orders received by La mar de cerca through the Website are subject to the availability of the products or services or to any circumstance or force majeure (clause 9 of these Conditions) affects the provision of services.

If the service can not be provided, La mar de cerca undertakes to contact User and suggest a similar alternative or a change of schedule and if this was not accepted by the User will be refunded any amount which would have been paid.

5- PRICES AND PAYMENT

The prices displayed on the Website are the final, in Euros (€) and include taxes, unless by legal requirement, especially with regard to VAT, is point and apply different question.

In any case the Website will add additional costs to the price of a product/service automatically, only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but changes will not affect orders or purchases that the User has already received an order confirmation.

The payment methods accepted are: credit card or debit Visa or MasterCard. Payments are processed by the secure on line Redsys Platform.

La mar de cerca uses all methods to ensure the confidentiality and the security of payment data transmitted by the User during the transactions through the Website. The Website uses a secure payment SSL (Secure Socket Layer) system.

Credit cards will be subject to verifications and authorizations by the issuing bank, if that entity does not authorise payment, La mar de cerca is not liable for any delay or lack of benefit and not be formalized any contract with the User.

In any case, by clicking on “Make Booking” the User confirms that the payment method used is yours or that is the legitimate holder of the gift card or credit card.

6- TECHNICAL METHODS TO CORRECT ERRORS

In case that User detects that an error occurred when entering data required to process the request for purchase on the Website, he can modify them by contacting with La mar de cerca through contact section enabled on the Website, or using the contact details provided in the first clause (General Information).

In any case, the User, before click on “Make Booking”, has access to space, cart or basket where is van scoring their purchase requests and he can make modifications.

Similarly, refer the User to consult the Privacy Policy for more information about how to exercise your right of rectification pursuant to the Organic Law 15/1999, of  December, 13, about Protection of Personal Data.

7- REFUNDS AND/OR CANCELLATIONS

In cases in which the User acquired products through the Website of the owner, a series of rights assist him, as listed and described below:

Right of Withdrawal

The User make a purchase on the Website, and therefore he has the right to withdraw from the purchase within a period of 7 calendar days prior to the provision of the service, without justification and without cancellation fees, unless otherwise noted in the description of the product/service.

To exercise this right of withdrawal, the User must notify its decision to La mar de cerca before the expiration of the relevant period. He can do this through the spaces of contact enabled in the Website or:

Calle Batlle, 5 – 5
46120 Alboraya. Valencia. Spain
Tel. + 34 625 26 30 05
Email: admin@lamardecerca.com

In case of withdrawal within the time limit, La mar de cerca shall reimburse the User all payments received, using the same payment method used to make the initial purchase transaction. This refund will not generate any additional costs to the User.

The User acknowledge that there are exceptions to the right of withdrawal, would be the case when the provision of a service that the User could hire on this Website has been completely executed, or when it has begun, in this case the User will be lost his right of withdrawal and non-no refund will be made.

Cancellations

If the User cancels his reservation at least 7 calendar days prior to the provision of the service there will be no cancellation fee. If cancellation occurs between 3 and 6 days prior to the provision of the service, there is a charge of 50% of the amount. If he cancel between the 2 days prior, the cancellation fee will be 100%.

Party Cruises: Changes or refunds not allowed within 7 days prior to the departure. Cancellation fees will be applied (100% of the amount).

8- DISCLAIMER OF LIABILITY

La mar de cerca limits its liability in the following cases:

• La mar de cerca applies all actions concerning to provide a faithful visualization of the product/service on the website, however is not responsible for inaccuracies that may exist due to lack of screen resolution or minimum differences , or problems with the browser that is used or others of its kind.
• Glitches preventing from accidental causes or otherwise, a normal operation of the service through internet. Lack of availability of the Website for maintenance reasons or others, preventing service. La mar de cerca  puts all the methods at its disposal for the purpose of carrying out the process of purchase, payment and delivery, but disclaims liability for causes that are not attributable, fortuitous or force majeure.
• In general, La mar de cerca is not responsible for any failure or delay in the performance of any of obligations, when the same is due to events which are beyond our reasonable control, i.e., that they need to force major, such as strikes, civil commotion, threat or terrorist attack, fire, explosion, storm, flood or any other natural disaster, loss of use of public or private transport, inability to use systems of telecommunications, festivities and events or restrictions of any Government or public authority.

Thus, obligations will be suspended during the period in which the cause of force majeure continue, and La mar de cerca will have an extension in the deadline for compliance for a period of time equal to that last the cause of force majeure. La mar de cerca will all reasonable means to find a solution that will allow us to fulfill our obligations despite the cause of force majeure.

9- WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User is agree that most of the communications with La mar de cerca are electronic (email or notices posted on the Website).

For contractual purposes, the User agrees to use this electronic channels of communication and recognizes that every contract, notification, information and other communications that La mar de cerca send electronically comply with the requirements of being by writing. This condition does not affect the rights provided by law for the User.

The User can send notifications and/or communicate with La mar de cerca through the contact details provided in these conditions and through the Website contact section.

Equally, unless otherwise noted, La mar de cerca may contact and/or notify User via e-mail or at the postal address provided.

10- WAIVER

No waiver of La mar de cerca to a right or legal action concrete or lack of requirement La mar de cerca about the strict observance by the User of any of its obligations will result, or a waiver of other rights or actions arising out of a contract or the Conditions, nor shall relieve the User of its obligations.

No waiver of La mar de cerca to any of these terms and conditions or rights or actions arising out of a contract shall take effect, unless it is expressly provided that it is a waiver and formalize and communicate to the User in writing.

11- ENTIRE AGREEMENT

These terms and conditions and any document for which to make express reference in these constitute the entire agreement between the User and La mar de cerca to the object of sale and purchase and replace any other agreement, agreement or previous promise agreed verbally or in writing by the parties.

User and La mar de cerca acknowledge having consented to the conclusion of a contract without reliance on any statement or promise made by the other party, except that which is expressly mentioned in the present conditions.

12- DATA PROTECTION

Personal data provided by Users to La mar de cerca in the course of a transaction on the Website, or the information will be treated according to the established Privacy Policy. When the User access, browse or use the Website, he consents to the processing of such information and data and declares that all information or data provided are true.

13- COMPLAINTS AND CLAIMS

The User can send to La mar de cerca their complaints, claims, or other comments through the contact details provided at the beginning of these terms (General information).

In addition, La mar de cerca has official leaves of claim available to the consumers and Users, and that they can apply to La mar de cerca at any time, using the contact details provided at the beginning of these conditions (General information).

Likewise if the celebration of this contract between the User and La mar de cerca it emanating a controversy, the User as a consumer can request an extra-judicial settlement of disputes, in accordance with the EU no. 524/2013 Parliament’s rules European and of the Council of 21 may 2013, on online consumer dispute resolution and by which modifies Regulation (EC) No 2006 / 2004 and directive 2009/22/EC. You can access this method through the web site: http://ec.europa.eu/consumers/odr/ .

14- APPLICABLE LAW AND JURISDICTION

This agreement, as well as the validity and execution of this, shall be construed and executed in accordance with the laws of Spain.

The parties submitted their disputes to the jurisdiction of the Courts of Valencia.

In the event that any provision of this agreement is declared totally or partially null and void, invalid or ineffective on the occasion of a legislative amendment, such a provision will be drafted again to reflect, to the extent possible, the intention original of the parties in accordance with applicable law, staying the rest of the contract in full force and total effectiveness.

 

PARTICULAR CONDITIONS OF SALE

1- Tickets purchased on this Website for any of our services are valid for the number of people indicated on the purchase process and can be used only once, only the day and to the schedule that you selected.

2- When purchase is confirmed, User will receive a confirmation email with a reference number, which must be submit the day of the activity, printed or on mobile version, as indicated in each case.

3- On the excursions that include the Tourist Bus, the User must submit a PRINTED confirmation email, as a prerequisite to be able to board the bus.

4- The User must be at the meeting point of each excursion with enough time in advance (indicated for each case in the confirmation email). Refunds will not be issued if tour/activity is missed due to late or non-arrival.

5- For excursions that include Transfer Service, previous confirmation from the User is required (at least 24 hours prior the activity start), by email to admin@lamardecerca.com or by phone call +34 625 26 30 05. If confirmation is not received, we will understand that the User prefers to go to the meeting/exit point of each trip on your own.

6- The Transfer Service is carried out in a taxi or private vehicle. The exact pick up time will be confirmed in advance to the User by email. The User should wait at the accommodation main entrance at least 10 minutes before the time indicated.

7- The User must clearly indicate his phone number (including country code), to be able to communicate with him if there are any incident.

8- Children must be accompanied by an adult in all of our services

9- Alcoholic beverages will not be sold to children under 18 in all of our services

10- On the combined trips, the User must perform all activities on the same day, unless otherwise noted in the description of the service.

11- Cruises: If the cruise is canceled by force of nature (e.g. weather conditions) you will receive a voucher for the same or similar tour, to redeem it at another date along the season.

12- All bookings will be subject to availability of La mar de cerca. The company reserves the right to modify the visits by space availability.

Last modified: 24/05/2018