1. The Parties
1.1 Esmeralda Yachting, provides recreational boat charter services and other associated services and products. Esmeralda Yachting is a trademark of Luisa Frinconi, address: Carrer Can Campaner 2, 07003 Palma de Mallorca, Baleares, Spain; Tax Identification Number: Y4100255J, e-mail address info@esmeraldayachting.com.
User is an individual or duly represented legal entity who uses the Service to look for information on boat charter services and offers and to directly process a reservation and purchase orders. All those individuals aged under eighteen will not be accepted as Users. The User declares, under his/her sole responsibility, that he/she is over eighteen years of age and that all of the personal information provided is true to his/her knowledge. The User declares and warrants that he/she is legally empowered to sign the booking form provided for by Esmeralda Yachting on his/her own behalf or for any agents or representatives acting in his/her name and acknowledges that acceptance shall imply being bound by the present General Terms and Conditions and by the conditions established in the booking form.
2. Scope of service
Through its website Esmeralda Yachting provides a reservation service through which charter operators can promote their boats for reservation, and through which visitors to the website can make such reservations. By making a reservation through Esmeralda Yachting, the User enters into a direct contractual relationship with the charter operator at which he/she books. Esmeralda Yachting acts solely as an intermediary between the User and the charter operator, transmitting the details of the reservation to the relevant charter operator and sending the User a confirmation email for and on behalf of the charter operator. When rendering its services, the information that Esmeralda Yachting discloses is based on the information provided to Esmeralda Yachting by the charter operators. As such, the charter operators are fully responsible for all rates, availability and other information provided through the Website. Esmeralda Yachting is only responsible for establishing contact between the final service provider and the User. Esmeralda Yachting shall not be responsible for the non-performance or exact and compliant performance of those services that fall under the scope of the contract between the final service provider and the User. Each charter operator remains responsible at all times for the accuracy, completeness and correctness of the information (including the rates and availability) displayed on Esmeralda Yachting website. Esmeralda Yachting Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any charter operator made available.
Each User will engage in direct contractual relationship with the charter operator that will provide the service. Once the booking of such services will be completed , you will receive a formal yacht rental contract from the charter operator which will regulate all aspects related to the services provided. The User expressly acknowledge that by making a reservation on the website the User will enter into a direct relationship with the charter operator and that Esmeralda Yachting acts as an intermediary with the purpose of allowing such direct relationship to take place.
3. Obligations
3.1 Esmeralda Yachting has the obligation to transmit the information about each booking, as they are indicated in the booking form, to the provider of the service.
3.2 Esmeralda Yachting shall also have the obligation to charge the User the price of the services contracted via the website. Esmeralda Yachting will receive the payment made by the User in the name and on behalf of the charter operator that will provide the service, including all additional services as indicated by the Users in the Booking Form on the Website. Esmeralda Yachting will transfer the funds to the charter operator according to the conditions established with each charter operator.
3.3 Esmeralda Yachting will provide the Customer with confirmation of acceptance of the contracted services immediately after payment for such services will be completed according to the conditions stated on the Website. A confirmatory voucher will also be sent to the email address provided by the Customer for this purpose, within 24 hours after payment is completed.
3.4 The User undertakes at all times to provide accurate and truthful information for the details requested in the Booking Form and in any other form he/she is required to complete in order to contract the services offered by us and to ensure that this information is kept up to date. The User also expressly undertakes to provide the final provider of the contracted service with all details and information that may be requested for the correct provision of the service in question. The Users authorizes Esmeralda Yachting to verify the truthfulness of the personal data and any other information provided and undertakes to cooperate with Esmeralda Yachting during such verification.
3.5 The User is responsible for the full payment of the services contracted, respecting the procedure, periods and quantities stipulated on the website.
3.6 The User expressly acknowledges that he/she is obliged to make use of these services in a correct manner and in compliance with any applicable laws, regulations and according to the present General Terms and Conditions. The User accepts all responsibilities that may result from an incorrect use of the contracted services.
4. Cancellation policy
4.1 A full refund will be issued if the cancellation occurs within 24 hours of the booking.
5. Privacy Policy and Information on Personal Data Processing
5.1 Esmeralda Yachting, acknowledges the importance of protecting the privacy and rights of Users using its website and service. Internet is potentially a very powerful tool for the circulation of personal data; Esmeralda Yachting is seriously committed to complying with the regulations on personal data protection and security in order to guarantee the Users’ safe, controlled and confidential netsurfing.
This privacy statement may be amended in the future to ensure ongoing compliance with all applicable regulations in the event of their amendment or update.
Users are invited to read carefully the rules applied by the company to collect and process personal data and to continue to provide a satisfactory service.
5.2 This Privacy Statement, which is in accordance with personal data protection rules, describes the methods applied by the company to manage and process the personal data of:
- (i) Users who consult and use the website,
- (ii) Users who use the service.
Pursuant to the Federal Law of 19 June 1992 on Data Protection (LPD) and to Article 45 of the Federal Insurance Supervision Law (LSA), Users are hereby informed that their personal data is stored and processed by Esmeralda Yachting according to the methods and for the purposes listed below, in accordance with the methods and purposes allowed by LPD and LSA.
5.3 Users’ personal data is collected:
– from Users, via their direct electronic supply through the filling in of the registration form in the website or on the phone. This data includes Users’ name, surname, address, e-mail address, telephone number etc., which is necessary for the purposes of selecting and purchasing a boat charter and for the additional purposes provided for in these terms and conditions.
– via the computer systems and software procedures used for the operation of the website in the course of their normal operation, in an implicit manner, as a result of the use of Internet communication protocols. This information is not collected to be associated with identified Users; yet, it is such that, as a result of its processing and association with data held by third parties, it might lead to the identification of Users. This category of data includes IP addresses or domain names of computers of Users connecting to the website, the URIs (Uniform Resource Identifier) of the resources requested, the hour of the request, the method used to submit the request to the server, the size of the file received in response, the number code indicating the status of the response given by the server (successful, mistake, etc.) and other parameters related to Users’ operating systems and computer environments. This data is used only to obtain anonymous statistical information on the use of the website and to verify its proper operation. The data may be used to establish liability in case of potential computer crimes damaging the website.
– by the website via cookies. Cookies are information, often containing a single, anonymous ID. code, which is sent to the browser by a web server and which is then stored on the hard drive of the User’s computer. Cookies are then reread and recognized by the website that sent them in case of subsequent connections. Esmeralda Yachting may use cookies to store and sometimes track data supplied by Users in order to provide a more accurate service to the Users themselves.
The data obtained via cookies, if any, may be used by Esmeralda Yachting either directly or via companies that cooperate therewith, in order to ensure more simple, immediate and fast website access and use of the service, as well as Users’ easier navigation of the website and for marketing purposes related to the services provided. All Users’ data that is not collected for direct communications from the Users themselves is used solely for statistical purposes on web traffic and is not associated with single Users.
The receipt of cookies used in this website may be interrupted at any time by Users by changing the settings of their browser, or may be denied from the beginning of the contractual relationship in the same manner.
5.4 Users’ personal data will be processed by hand or by using electronic means that are such as to ensure, in relation to the purposes for which such data is communicated and collected, data security and confidentiality, as well as to prevent unauthorized access to such data, for the time strictly necessary to achieve the purposes of its collection.
5.5 Data will be processed at the legal and operational headquarters of Esmeralda Yachting and at the server farm of Esmeralda Yachting, and at the offices of the parties to which such data may be communicated.
5.6 Apart from the above specifications on navigation data, Users’ personal data will be used for the following purposes
- A. for data collection, storage and processing for the purposes of establishing and managing, in operational and administrative terms, the contractual relationship connected to the supply of the service
- B. to send communications by email, phone or SMS on the contractual relationship, including communications relating to the good progress thereof;
- C. to comply with statutory or regulatory obligations;
- D. for data collection, storage and processing to carry out anonymous and/or aggregate statistical analyses;
- E. to send by email, except where denied by the User, Esmeralda Yachting advertising material on products or services that are similar or related to the services or products offered on the website;
- F. subject to letter E) above and only upon the User’s prior express consent, to send by e-mail, telephone, mail, SMS or MMS the best travel/leisure deals and deals for other services supplied by Esmeralda Yachting or its commercial Partners.
5.7 Should the User refuse to supply his personal data, he may not obtain the services required in relation to the purposes set out in points A) and B) of Article 6.6; in addition, Esmeralda Yachting may be prevented from supplying the service correctly and from complying with its contractual obligations set out in the terms and conditions. Data processing for the purposes set out in points A), B), C) D) and E) of Article 5.6 does not require the consent of the person concerned.
The supply of personal data for the purposes set out in point F) of Article 5.6 is optional. Data processing for the purposes set out in point F) of Article 5.6 requires the consent of the person concerned. The User’s refusal to supply his data or to give his consent to these purposes signifies that, subject to letter E), Esmeralda Yachting will be unable to send their deals referred to in letter F) of Article 5.6 to the User.
5.8 Esmeralda Yachting will make sure that all personal data supplied thereto is not disclosed and is processed in such a way as to guarantee its security and confidentiality, as well as to prevent unauthorized access thereto. All personal data and information provided by Users may be communicated, for the purposes set out above, to the following categories of parties:
– the company’s employees and/or collaborators who assist and advise on Administration, Products, Legal Affairs, User Care, Information Systems, as well as those in charge of maintaining the company’s network and hardware/software equipment;
– charter operators and all other parties to whom data communication is necessary for contract performance.
– parties whose right to access data is recognized by statutory provisions or by orders issued by the competent authorities;
– parties that are delegated and/or appointed by the Data Controllers to carry out activities related to service supply.
5.9 By sending an express written request by e-mail, the User may also obtain the correction of any incorrect or inaccurate personal data or obtain its cancellation to the extent permitted by law.
6. Miscellaneous
6.1 Hyperlinks. Esmeralda Yachting accepts no liability for the content, commercial activities, products or services that may be viewed by accessing external links on the Website, either directly or indirectly. Esmeralda Yachting shall not be held responsible for any actions deriving from the use of hyperlinks on the Website or for the consequences of accessing these links.
6.2 Disclaimer. Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events). However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the charter operator as made available on our website, (iii) the services rendered or the products offered by the boats, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by the User, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the charter operator (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
6.3 The User undertakes to use the website, its functions and the service for lawful purposes and according to the present General Terms and Conditions. Particularly, the User undertakes neither to send or spread, through the website and its functions, illicit, defamatory, vulgar, obscene, abusive or disturbing content, nor to use the website and its functions to perform any acts which could cause damage to the image and reputation of Esmeralda Yachting or any other loss or damage to Esmeralda Yachting.
Moreover, the User undertakes not to send advertising materials, undesirable and/or unsolicited communications which could interfere with the functionality and/or the use of the website by third parties.
6.4 Jurisdiction. To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Spanish law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Mallorca, Spain.