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TÉRMINOS Y CONDICIONES CANARIAS

TERMS AND CONDITIONS

 

General terms of use of the balearia.com website

Title I "General provisions and acceptance of the general terms of use of the portal". Thank you for choosing to visit us. We want your experience on our website to be as satisfactory as possible.

By accessing our services, you declare that you are of legal age and have sufficient legal capacity to use our services, in accordance with your national law.

Accessing and browsing the website, or using its services, implies the express and full acceptance of each and every one of these General Terms, including both the Specific Terms established for certain promotions and the Privacy and Cookie Policies, in accordance with the applicable regulations on personal data protection. We recommend that you read them carefully to understand what type of data is collected through our website, the purposes for which such data is processed and the rights you have in this regard.

These General and Specific Terms may be amended in whole or in part, or replaced by others, by BALEÀRIA CANARIAS SHIPPING, S.A. (hereinafter, BALEÀRIA) at any time without prior notice. We recommend that you review these terms from time to time to check for any changes, which will be published in the same section.

1. GENERAL INFORMATION

In compliance with Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, the identification details of the owner of this website are as follows:

  • BALEÀRIA CANARIAS SHIPPING, S.A.

  • A24997074.

  • Vía Estación Marítima, Moll de la Pança s/n – 03700 Denia (Alicante).

  • Company registered in the Companies Register of

  •  

For any doubts or queries, you may contact us by telephone at ……………………………… or by email at ……………………………

BALEÀRIA states that it shall not be held responsible for the terms of sale of tickets purchased in dirhams, as such sales are carried out through the company EUROMAROC DETROIT SARL.

BALEÀRIA states that it shall not be held responsible for the terms of sale of tickets purchased in dinars, as such sales are carried out through the company MARDMESA BEMARINE SPA.

2. PERMITTED USE

The material, content and services on this website are intended solely for personal use and under no circumstances for commercial use. The use of any automated system or software to extract data from this website for commercial purposes is prohibited. We reserve the right to take any action we deem appropriate in response to any unauthorised use of this website without prior notice. Such actions may include, among others, the cancellation of your booking, refusal of access to our website or the initiation of legal proceedings.

The user undertakes to make proper use of the accessible content, services, applications and tools, in accordance with the law and these General Terms of Use and, where applicable, the Specific Terms that may be established for access to certain services and applications, while respecting other users at all times. Therefore, in the event of full or partial breach by the user of these General Terms and, where applicable, the Specific Terms of Use, BALEÀRIA reserves the right to deny access to this website without prior notice to the user.

3. LINKS TO OTHER WEBSITES

This website may include links or references to other websites, which are provided solely as a convenience to the user. BALEÀRIA CANARIAS SHIPPING, S.A. assumes no responsibility and shall not be liable in any way for the content, advertising or products available on such websites. Unless otherwise stated, BALEÀRIA CANARIAS SHIPPING, S.A. does not endorse the products or services offered on such websites.

If any user or third party considers that such links or references may be contrary to the law, morals or public order, or may incite violence or discrimination on grounds of sex, ideology, religion or race, please inform us through the postal address, email address or telephone number indicated in the header.

4. LIMITED LIABILITY

This website is provided "as is". BALEÀRIA CANARIAS SHIPPING, S.A. makes all reasonable efforts to ensure that the information on this website is accurate and up to date, and to provide a fast and reliable service. BALEÀRIA CANARIAS SHIPPING, S.A. assumes no responsibility for any loss or damage that may arise from the use of this website or any other website to which the user is directed from this website. BALEÀRIA CANARIAS SHIPPING, S.A. also assumes no responsibility for any loss or damage arising from the use of the information presented on this website or any other website to which the user is directed from this website.

Likewise, BALEÀRIA CANARIAS SHIPPING, S.A. does not guarantee continuous access or the correct display, download or usefulness of the elements and information contained on the pages of the portal, which may be prevented, hindered or interrupted by factors or circumstances beyond its control or will, or by the existence of computer viruses on the Internet.

In this regard, BALEÀRIA assumes no liability for damages, losses, claims or expenses caused by, including but not limited to:

  • Interference, interruptions, failures, omissions, delays, blockages or disconnections caused by errors in telecommunications lines and networks or by any other cause beyond the control of BALEÀRIA.

  • Unlawful intrusions through the use of malicious programs of any kind and via any means of communication, such as computer viruses or any others.

  • Improper or inappropriate use of the BALEÀRIA website.

  • Security or browsing errors caused by browser malfunction or the use of outdated versions.

  • Any discrepancies in the information, documentation and/or other website content that may exist between the electronic version and the printed version.

  • The inability to provide the service or allow access for reasons not attributable to BALEÀRIA, due to the user, third parties or events of force majeure.

BALEÀRIA CANARIAS SHIPPING, S.A. is not responsible and shall under no circumstances be liable to users or third parties for acts by any third party outside BALEÀRIA that involve or may involve unfair competition, unlawful advertising, infringement of intellectual or industrial property rights, trade secrets, contractual commitments of any kind, rights to honour, personal and family privacy and image, property rights or any other rights belonging to a third party as a result of the transmission, dissemination, storage, making available, receipt, obtaining or access to the content.

5. CHANGES TO THIS WEBSITE

We reserve the right to make improvements or changes affecting the information, services, products and other content appearing on this website whenever we deem appropriate and without prior notice.

6. CHANGES TO THE TERMS OF USE

We reserve the right to change, modify, adapt, add or remove parts of these Terms of Use whenever we deem appropriate and without prior notice. Continued use of the website implies your acceptance of such changes to the Terms of Use. Therefore, we recommend that you review these terms from time to time to check for any changes, which will be published in the same section.

Title II "General terms of use of the portal".

These General Terms shall apply both to promotional activity and the provision of information carried out through this website, and to the provision of the services offered on this website. Accordingly, they shall govern at all times both simple browsing of the website and the purchase of goods and/or provision of services within the framework of the website, although the latter activities shall also be subject to these General Terms of Use, the applicable general contracting terms and any specific terms that may exist.

1. PERSONAL DATA PROTECTION

The entire personal data processing policy is set out in the Privacy Policy contained on this website, which forms an integral part of these General Terms but which, for simplicity, we have placed in a separate document: Privacy Policy.

2. INTELLECTUAL AND INDUSTRIAL PROPERTY

2.1. All content displayed on this website, and in particular designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, drawings or any other signs capable of industrial or commercial use, is subject to intellectual and industrial property rights owned by BALEÀRIA or by third-party owners who have duly authorised their inclusion on this website.

2.2. Under no circumstances shall it be understood that any licence is granted, or that any waiver, transfer or total or partial assignment of such rights is made, nor that any right or expectation of right is conferred, particularly regarding the alteration, exploitation, reproduction, distribution or public communication of such content without the prior express authorisation of BALEÀRIA or the corresponding rights holders.

2.3. To submit any observation regarding possible infringements of intellectual or industrial property rights, or regarding any of the website content, you may do so through the postal or email addresses indicated in the header.

3. LIABILITY OF BALEÀRIA.

3.1. BALEÀRIA shall only be liable for damages suffered by the user as a result of using this website when such damages are attributable to wilful misconduct by the company.

The user acknowledges and accepts that the use of this website, as well as the provision of the services offered therein, is carried out entirely at the user’s own risk and responsibility.

3.2. As stated in the preceding sections, BALEÀRIA shall not be liable for any damage that may arise from, including but not limited to:

  • Interference, interruptions, failures, omissions, delays, blockages or disconnections caused by errors in telecommunications lines and networks or by any other cause beyond the control of BALEÀRIA.

  • Unlawful intrusions through the use of malicious programs of any kind and via any means of communication, such as computer viruses or any others.

  • Improper or inappropriate use of the BALEÀRIA website.

  • Security or browsing errors caused by browser malfunction or the use of outdated versions.

  • Any discrepancies in the information, documentation and/or other website content that may exist between the electronic version and the printed version.

  • The inability to provide the service or allow access for reasons not attributable to BALEÀRIA, due to the user, third parties or events of force majeure.

3.3. Likewise, BALEÀRIA does not generally control the use that users make of the website. In particular, BALEÀRIA does not guarantee under any circumstances that users will use the website in accordance with the law, these General Terms, generally accepted morals and good customs or public order, nor that they will do so diligently and prudently.

3.4. This website may contain links to other websites over which BALEÀRIA has no control and for whose content it accepts no responsibility. Likewise, BALEÀRIA shall not be responsible for the technical availability of the websites accessed by the user through this website. The user assumes sole responsibility for any damage or loss that may arise from accessing such content, as well as for any other damage or loss caused to their computer system by any material downloaded or otherwise obtained through the use of the services, or for any loss of data resulting from downloading such material.

Furthermore, BALEÀRIA shall not be liable for damages or losses arising from infringements by any user that affect the rights of other users or third parties, including copyright, trademarks, patents, confidential information and any other intellectual or industrial property rights.

4. USER OBLIGATIONS

4.1. In general, the user undertakes to comply with these General Terms of Use and, where applicable, the Specific Terms that may apply, as well as with any special warnings or instructions for use contained therein or on this website, and to act at all times in accordance with the law, good customs and the requirements of good faith, exercising diligence appropriate to the nature of the service used and refraining from using the website in any way that may prevent, damage or impair its normal operation, or the property or rights of BALEÀRIA, its suppliers, other users or, in general, any third party.

4.2. Specifically, and without limiting the general obligation assumed by the user under the preceding section, the user undertakes, when using this website and the services, to:

  • Not carry out any action intended to harm, block, damage, disable or overload, temporarily or permanently, the functions, tools, content and/or infrastructure of the website in a way that prevents its normal use.

  • If registering, provide truthful data and keep it up to date.

  • Not enter, store or disseminate on or from the website any information or material that is defamatory, insulting, slanderous, obscene, threatening, xenophobic, incites violence or discrimination on grounds of race, sex, ideology or religion, or in any way violates morals, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties, or applicable regulations in general, whether relating to other users or to third-party companies outside BALEÀRIA CANARIAS SHIPPING, S.A.

  • Not enter, store or disseminate through the website any computer program, data, virus, code, hardware or telecommunications equipment, or any other electronic or physical instrument or device that may cause damage to the website, any of the services, or any equipment, systems or networks of BALEÀRIA, any user, BALEÀRIA’s suppliers or, in general, any third party, or that may otherwise cause any kind of alteration to them or prevent their normal operation.

  • Properly safeguard the "Username" and "Password" provided by BALEÀRIA to users as identification and enabling elements for access to the different services offered on the website, undertaking not to transfer their use or allow third-party access to them, assuming responsibility for any damages that may arise from improper use and being responsible for the use of such personal and non-transferable access credentials by third parties. Likewise, the user undertakes to inform BALEÀRIA as quickly as possible of any loss or theft, as well as any risk of third-party access to the "Username" and/or "Password".

  • Not carry out advertising, promotional or commercial exploitation activities through the website, and not use the content, particularly information obtained through the website, to send advertising, direct-sales messages or messages for any other commercial purpose, or to collect or store personal data of third parties.

  • Not use any of the materials and information contained on the website for unlawful purposes and/or purposes expressly prohibited in these General Terms of Use, or in the specific terms that may be established for certain applications and/or utilities, where such use is contrary to the rights and interests of BALEÀRIA, its users and/or third parties.

  • Not use false identities or impersonate third parties when using the website or any of its services, including, where applicable, the use of third-party passwords or access credentials or any other means.

  • Not destroy, alter, use for their own purposes, disable or damage the data, information, programs or electronic documents of BALEÀRIA, its suppliers or third parties;

  • Not enter, store or disseminate through the website any content that infringes third-party intellectual or industrial property rights or trade secrets, nor, in general, any content for which the user does not, in accordance with the law, have the right to make available to third parties.

4.3. The user shall be liable for all damages of any kind that BALEÀRIA or any third party may suffer as a result of breach of any of the obligations to which the user is subject under these "General Terms of Use" and, where applicable, the Specific Terms that may apply, or under the law in relation to access to and/or use of the website.

4.4. Communications from BALEÀRIA to the user shall be made using the details provided by the user when registering on this website.

The user expressly accepts the use of email as a valid means of sending all communications relating to the use of the website and/or the contracting of the services offered on it.

5. APPLICABLE LAW. JURISDICTION.

5.1. These terms, and their provisions, shall be governed by Spanish law, which shall apply to any matters of interpretation, validity and performance not provided for in this contract.

Any dispute shall be resolved before the competent courts and tribunals.

By merely accessing the website or obtaining registered user status, the user irrevocably consents to the competent courts by default having jurisdiction over any legal action arising from or related to these terms, or to the user’s use of or browsing on the website.

6. USER-GENERATED CONTENT (UGC) POLICY

1. Use of content:

BALEÀRIA may request to use photos and videos tagged on its social media profiles or sent directly to it for publication on its website, social media channels, newsletters or promotional campaigns. The content must be related to BALEÀRIA’s services, and social media profiles must be public in order to be selected.

2. Content selection:

Content will be selected that reflects experiences related to BALEÀRIA, meets the desired quality and aesthetic standards and respects the brand’s values. Offensive, violent, discriminatory or inappropriate content will not be accepted. BALEÀRIA is not obliged to use the content, even if it meets the criteria.

3. Assignment of rights:

By publishing content accompanied by the hashtag #OkBaleària, the user authorises BALEÀRIA to reproduce, publicly communicate and use such content, including any image and/or voice it may contain, for promotional, advertising and corporate purposes related to the brand and its services, on websites, social media and other communication channels owned by BALEÀRIA or by third-party collaborators of BALEÀRIA.

The user grants BALEÀRIA a non-exclusive, free, worldwide licence for the time necessary for the stated purposes, allowing BALEÀRIA to adapt the content to technical, format or layout requirements without altering its essential meaning or integrity.

The user represents and warrants that they hold the necessary rights and authorisations over the published content and that its use by BALEÀRIA does not infringe third-party rights.

4. Removal of content:

The user may request the removal of any content at any time by sending an email to [email protected] or to [email protected]

5. Personal data:

Personal data associated with the content will be processed in accordance with Baleària’s Privacy Policy, which can be consulted at the following link: Privacy Policy.

Official Baleària social media profiles:

Title III "Terms for the provision of services between BALEÀRIA and users"

1. GENERAL CONTRACTING TERMS. PRE-CONTRACTUAL INFORMATION

1.1. These General Contracting Terms, together with any specific terms that may be established, shall expressly govern the relationships arising between BALEÀRIA CANARIAS SHIPPING, S.A., with registered address at Vía Estación Marítima, Moll de la Pança s/n – 03700 Denia (Alicante), Tax ID No. A24997074 (hereinafter, BALEÀRIA), and third parties (hereinafter, "users") who contract the provision of services or products offered through this website.

1.2. These General Terms have been prepared in accordance with Spanish Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Terms, Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, Law 7/1996 on Retail Trade Regulation, Royal Decree-Law 14/1999 regulating Electronic Signatures, and any other applicable legal provisions.

1.3. The use and/or provision of any of the services on this website entails acceptance by the user, without reservation of any kind, of each and every one of the General Contracting Terms, the General Terms of Use of the website and, where applicable, the Specific Terms governing the purchase.

1.4. BALEÀRIA informs users that the steps required to purchase goods or obtain the provision of the services offered are those described in these General Terms, as well as any other specific steps indicated on screen while browsing. The user therefore declares that they are aware of and accept such steps as necessary to access the products and services offered on the website.

1.5. All information provided during the contracting process shall be stored by BALEÀRIA, so that the user may, upon written or email request, request information relating to the transactions carried out by them. Such information shall be retained by BALEÀRIA only for the legally established periods required to address any potential liabilities arising from the processing of the information, and only during the limitation period for such liabilities. Any modification and/or correction of data provided by users while browsing must be carried out in accordance with the instructions included on this website.

1.6. Users who contract services through this BALEÀRIA website declare that they are of legal age (18 years). In the case of contracting by minors, authorisation from parents or guardians is required in order to use the contracted service.

2. CONTRACT OF CARRIAGE

2.1 Passengers without a vehicle must arrive for boarding within the minimum time before the vessel’s departure. These times vary depending on the route and can be consulted in the table below. If boarding passes have not been obtained in advance within these time limits, the Company reserves the right to freely dispose of the place assigned to the passenger or vehicle.

Origin Destination Check-in deadline with vehicle Check-in deadline without vehicle
Arrecife Cádiz 30 min before 35 min before
Arrecife Las Palmas de Gran Canaria 30 min before 35 min before
Arrecife Puerto del Rosario 30 min before 35 min before
Arrecife Santa Cruz de La Palma 30 min before 35 min before
Arrecife Santa Cruz de Tenerife 30 min before 35 min before
Cádiz Arrecife SPC: 2h · LPA-TCI: 1h 30m · ACE: 1h SPC: 2h · LPA-TCI: 1h 30m · ACE: 1h
Cádiz Las Palmas de Gran Canaria SPC: 2h · LPA-TCI: 1h 30m · ACE: 1h SPC: 2h · LPA-TCI: 1h 30m · ACE: 1h
Cádiz Puerto del Rosario SPC: 2h · LPA-TCI: 1h 30m · ACE: 1h SPC: 2h · LPA-TCI: 1h 30m · ACE: 1h
Cádiz Santa Cruz de La Palma SPC: 2h · LPA-TCI: 1h 30m · ACE: 1h SPC: 2h · LPA-TCI: 1h 30m · ACE: 1h
Cádiz Santa Cruz de Tenerife SPC: 2h · LPA-TCI: 1h 30m · ACE: 1h SPC: 2h · LPA-TCI: 1h 30m · ACE: 1h
Corralejo Playa Blanca 25 min before 25 min before
Las Palmas de Gran Canaria Arrecife Fast Ferry (with ticket): 40 min before
Fast Ferry (without ticket): 40 min before
Ferry: 40 min before
Fast Ferry (with ticket): 40 min before
Fast Ferry (without ticket): 40 min before
Ferry: 40 min before
Las Palmas de Gran Canaria Cádiz 1h 45m before 1h 45m before
Las Palmas de Gran Canaria Morro Jable Fast Ferry (with ticket): 40 min before
Fast Ferry (without ticket): 40 min before
Ferry: 40 min before
Fast Ferry (with ticket): 40 min before
Fast Ferry (without ticket): 40 min before
Ferry: 40 min before
Las Palmas de Gran Canaria Puerto del Rosario Fast Ferry (with ticket): 40 min before
Fast Ferry (without ticket): 40 min before
Ferry: 40 min before
Fast Ferry (with ticket): 40 min before
Fast Ferry (without ticket): 40 min before
Ferry: 40 min before
Las Palmas de Gran Canaria Santa Cruz de La Palma Fast Ferry (with ticket): 40 min before
Fast Ferry (without ticket): 40 min before
Ferry: 40 min before
Fast Ferry (with ticket): 40 min before
Fast Ferry (without ticket): 40 min before
Ferry: 40 min before
Las Palmas de Gran Canaria Santa Cruz de Tenerife Fast Ferry (with ticket): 40 min before
Fast Ferry (without ticket): 40 min before
Ferry: 40 min before
Fast Ferry (with ticket): 40 min before
Fast Ferry (without ticket): 40 min before
Ferry: 40 min before
Las Palmas de Gran Canaria San Sebastián de La Gomera Fast Ferry (with ticket): 40 min before
Fast Ferry (without ticket): 40 min before
Ferry: 40 min before
Fast Ferry (with ticket): 40 min before
Fast Ferry (without ticket): 40 min before
Ferry: 40 min before
Los Cristianos Santa Cruz de La Palma 30 min before 25 min before
Los Cristianos San Sebastián de La Gomera 30 min before 25 min before
Morro Jable Las Palmas de Gran Canaria 25 min before 30 min before
Morro Jable Santa Cruz de Tenerife 25 min before 30 min before
Playa Blanca Corralejo 25 min before 25 min before
Puerto del Rosario Arrecife 30 min before 35 min before
Puerto del Rosario Cádiz 30 min before 35 min before
Puerto del Rosario Las Palmas de Gran Canaria 30 min before 35 min before
Puerto del Rosario Santa Cruz de La Palma 30 min before 35 min before
Puerto del Rosario Santa Cruz de Tenerife 30 min before 35 min before
Santa Cruz de La Palma Arrecife Fast Ferry: 30 min before
Ferry: 30 min before
Fast Ferry: 25 min before
Ferry: 30 min before
Santa Cruz de La Palma Cádiz Fast Ferry: 30 min before
Ferry: 30 min before
Fast Ferry: 25 min before
Ferry: 30 min before
Santa Cruz de La Palma Las Palmas de Gran Canaria Fast Ferry: 30 min before
Ferry: 30 min before
Fast Ferry: 25 min before
Ferry: 30 min before
Santa Cruz de La Palma Los Cristianos 30 min before 25 min before
Santa Cruz de La Palma Puerto del Rosario Fast Ferry: 30 min before
Ferry: 30 min before
Fast Ferry: 25 min before
Ferry: 30 min before
Santa Cruz de La Palma Santa Cruz de Tenerife Fast Ferry: 30 min before
Ferry: 30 min before
Fast Ferry: 25 min before
Ferry: 30 min before
Santa Cruz de La Palma San Sebastián de La Gomera 30 min before 25 min before
Santa Cruz de Tenerife Arrecife Fast Ferry: 45 min before
Ferry: 45 min before
Fast Ferry: 35 min before
Ferry: 35 min before
Santa Cruz de Tenerife Cádiz 75 min at first port / 1h 45m at subsequent ports 75 min at first port / 1h 45m at subsequent ports
Santa Cruz de Tenerife Las Palmas de Gran Canaria Fast Ferry: 45 min before
Ferry: 45 min before
Fast Ferry: 35 min before
Ferry: 35 min before
Santa Cruz de Tenerife Morro Jable 45 min before 35 min before
Santa Cruz de Tenerife Puerto del Rosario Fast Ferry: 45 min before
Ferry: 45 min before
Fast Ferry: 35 min before
Ferry: 35 min before
Santa Cruz de Tenerife Santa Cruz de La Palma Fast Ferry: 45 min before
Ferry: 45 min before
Fast Ferry: 35 min before
Ferry: 35 min before
San Sebastián de La Gomera Las Palmas de Gran Canaria 30 min before 25 min before
San Sebastián de La Gomera Los Cristianos 30 min before 25 min before
San Sebastián de La Gomera Santa Cruz de La Palma 30 min before 25 min before

 

Table. Minimum time before scheduled departure, by route.

 

2.2. This ticket is personal and non-transferable. The registration number of the vehicle to be transported must be the one shown on the ticket. Passengers boarding without a vehicle are entitled to carry the luggage that they can transport by themselves, in a single trip, from the ferry terminal to their accommodation on board the vessel. If carrying more luggage, they must contact a transport company, a service that we offer on our website. Failure to comply with these requirements may result in boarding being denied without the possibility of a refund.

2.3. The company shall not be responsible for any theft or loss of passengers’ luggage or personal belongings. Passengers are advised to keep valuables with them.

2.4. Any claim, in order to be accepted, must be accompanied by the booking documentation. All conditions stated therein are accepted by the mere fact that the document has been used as a transport ticket.

2.5. If the fare purchased allows it, the customer may make changes to or cancel their ticket within one (1) year from the date of purchase.

2.6. The passenger may obtain a refund of the ticket amount from the Company if the ticket is not used, provided that the fare purchased allows it, in accordance with the following conditions:

            a). If the cancellation is made within the first 24 hours after purchase/booking confirmation and more than 2 hours remain before departure, 100 percent of the ticket amount shall be refunded. 

            b). If the cancellation is made more than 24 hours after the booking was created and the request is submitted within 168 hours before the vessel’s departure, 10 percent of the ticket amount shall be deducted. 

            c). If the cancellation is made more than 24 hours after the booking was created and the request is submitted between 48 hours and 24 hours before the vessel’s departure, 20 percent of the ticket amount shall be deducted.

            d). Tickets submitted for cancellation less than 24 hours before the vessel’s departure shall not be refunded, except as provided in point a).

2.7. All fares and "mini" offers allow changes to the travel date/time subject to a penalty of €20 per booking plus any possible fare increase, where applicable, provided that the change is made more than 2 hours before the departure date/time of the originally contracted journey. The full and "reduced" fares allow changes without the €20 penalty, although there may still be a fare increase from one date to another, provided that the changes are made more than 2 hours before the departure date/time of the originally contracted journey.

2.8. Schedules and itineraries may be subject to changes due to breakdowns, unforeseen events or force majeure. In such cases, the company shall take the measures under its control to inform the affected passengers of such changes. If necessary due to the aforementioned causes, the carrier may be replaced by another carrier or may use other vessels.

2.9. If the contracted journey is not carried out due to a breakdown, unforeseen event or force majeure, the Company shall assume the liability established in Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004.

2.10. A passenger who does not board for any reason not attributable to the Company shall not be entitled to a refund of the ticket amount.

2.11. Tickets issued as OPEN are valid for 12 months from the date of issue, and their use is subject to prior seat/place reservation. The contracted fare shall be maintained until 15 January. After this date, the return journey may be confirmed by paying the corresponding supplement for the annual fare increase.

2.12. The carriage of vehicles covered by this ticket is carried out in accordance with the regulations in force on the matter and the international conventions signed by Spain.

2.13. For the exercise of actions arising from this ticket on domestic cabotage shipping routes, the jurisdiction resulting from the application of the Spanish Civil Procedure Act in force shall apply. When maritime transport is carried out on international routes, jurisdiction shall correspond to the courts determined by the application of the 1974 Athens Convention and/or the instruments amending it.

2.14. The passenger has the right to withdraw from the contract relating to passenger transport within 14 calendar days without giving any reason. The withdrawal period shall expire 14 calendar days after conclusion of the contract.

To exercise the right of withdrawal, the passenger must notify the company of their decision to withdraw from the contract by completing the following withdrawal form, which must be sent to the company’s postal address:

B. Model withdrawal form

(only complete and send this form if you wish to withdraw from the contract)

– To the attention of (insert here the trader’s name, full address and, where available, fax number and email address):

– I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service (*)

– Ordered on/received on (*)

– Name of the consumer and user or consumers and users

– Address of the consumer and user or consumers and users

– Signature of the consumer and user or consumers and users (only if this form is submitted on paper)

– Date

(*) Delete as appropriate.

To meet the withdrawal deadline, it is sufficient for the communication concerning your exercise of this right to be sent before the relevant deadline expires.

Effects of withdrawal: In the event of withdrawal by the passenger, the company shall reimburse all payments received for the passenger’s transport, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and, in any event, no later than 14 calendar days from the date on which it is informed of your decision to withdraw from your contract. The company shall make the reimbursement using the same means of payment used by the passenger for the initial transaction, unless the passenger has expressly agreed otherwise; in any event, the passenger shall not incur any fees as a result of the reimbursement.

3. SERVICES OFFERED. ACCESS TO THE SERVICES.

3.1. The services offered on the website — publication of information and online ticket sales — shall be governed both by the provisions of these General Terms and, in particular, by the Specific Terms established for each of those services.

3.2. In order to access some of the services offered through the website, a username and secret key ("password") may be provided to the user. The username and password provided by BALEÀRIA to the user are identification and enabling elements for accessing the services and are personal and non-transferable. BALEÀRIA may, with appropriate prior notice, make changes to the username and/or password, in which case the modified credentials shall cease to be valid.

3.3. All technical means and requirements necessary to access this website and the services offered on it shall be the sole responsibility of the user, as shall any expenses or taxes to which the provision of such services may give rise.

3.4. Once access has been obtained, and in order to use the different services, the user must follow all indications and instructions displayed on screen, completing for this purpose the Specific Terms and other forms established for each service. This shall entail reading and accepting all general terms set out in the General Terms of Use of the website, in these General Contracting Terms and, where applicable, in any Specific Terms that may apply.

4. APPLICABLE LAW. JURISDICTION.

4.1 This contract shall be governed by Spanish law, which shall apply to any matters of interpretation, validity and performance not provided for in this contract.

Any dispute shall be resolved before the competent courts and tribunals.

The user irrevocably consents to the competent courts by default having jurisdiction over any legal action arising from or related to these terms.

Basic information on personal data protection

Your email address, together with your personal data, is processed by BALEÀRIA CANARIAS SHIPPING, S.A., as the Data Controller, for the following purposes:

  • To provide the contracted services, and to manage and maintain the commercial relationship with you as a customer.

  • To provide information by electronic means regarding your requests or the contracted services.

  • To invoice the contracted services and carry out the corresponding transactions.

  • Control and debt recovery management.

  • To provide commercial information by electronic means, as well as to carry out marketing actions and campaigns, provided that express authorisation exists or that it falls within our legitimate interest.

  • To send newsletters about BALEÀRIA products and services, provided that express authorisation exists for such action.

  • To carry out/send satisfaction surveys relating to the services provided.

BALEÀRIA CANARIAS SHIPPING, S.A. informs you that you may exercise your rights of access, rectification, erasure, objection, restriction, not to be subject to automated decisions (including profiling) and data portability, in accordance with Articles 15 to 22 of the GDPR. You may also withdraw the consent previously granted for the processing of your data at any time, without such withdrawal affecting the lawfulness of processing carried out beforehand. To exercise these rights, you must send a request to the email address [email protected] or to the postal address Vía Estación Marítima, Moll de la Pança s/n – 03700 Denia (Alicante), duly identifying yourself. In the event of reasonable doubts regarding the identity of the applicant, BALEÀRIA CANARIAS SHIPPING, S.A. may request additional information. Likewise, we inform you of your right to lodge a complaint with the Spanish Data Protection Agency (www.aepd.es) if you consider that the processing of your data does not comply with applicable law. Before lodging such a complaint, or to communicate any doubt or question regarding the processing of personal data, you may contact the Data Controller at the postal and email addresses indicated.

For more information on the processing of your data, please refer to the Privacy Policy contained on our website, or contact our Data Protection Officer at the email address [email protected].

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