Terms and conditions
The purchase of a ticket in the web page fishingtripspain.co.uk, owned by Pescaturismo, involves the formalization of a contract. This contract includes the hereafter general conditions that are accepted in the moment the purchase is effected.
A.- THE TICKET
1.- General conditions
Only the passenger whose name appears in the ticket, will be transported, to whom there can be requested to show the corresponding identification (identity card, passport or equivalent).
1.2.- The ticket is not transferable.
1.3.- Some tickets are sailed at discount prices, which can be partial or totally not refundable.
1.4.- At all time the ticket is a property of the transporter who issues it.
1.5.- Passengers will not have right to be transported if the ticket is damaged or modified.
1.6.- In case of loss or hurt of the ticket (or a part of it) on the part of the passenger or if he does not present a ticket containing the passenger's coupon and all the coupons of the excursion or activity without having been used, Pescaturismo, at call of the client, will replace the above mentioned ticket (or a part of it) by issuing the new one provided that there exists evidences, presented in due time, of which a valid ticket for the excursion or activity in question was duly issued, and provided that the passenger signs an agreement to reimburse all the costs and losses in which necessary and reasonably Pescaturismo or a transporter has incurred up to complete the value of the original ticket for the bad use of the ticket. If such losses are caused by negligence attributable to the company, this one will not have right to claim to the passenger any reimbursement for the above mentioned concept. The transporter who issued the ticket can charge for this service a reasonable commission as administration fee, unless the loss or hurt has been due to negligence of himself or of his agent.
1.7.- When the above mentioned evidences are not available or when the passenger does not sign the above mentioned agreement to proceed to the substitution of the ticket, the transporter who issued it can request the passenger to pay the total price of the ticket, with the right to be reimbursed as long as the transporter who issued the original ticket accepts that the loss or mutilated ticket has not been used before the maturity of his validity or in case the passenger finds the original ticket before the maturity of his validity.
1.8.- A ticket is an object of value and the passenger must take the measures to preserve it and to make sure himself that it should not get loss or stolen.
2.- Validity of the ticket
2.1.- The ticket is valid only from the date of issue until the date of the excursion or contracted activity.
2.2.- The ticket you have purchased is only valid for the excursion or the activity that is written on it.
2.3.- In case the passenger wants to modify any aspect, he should previously contact Pescaturismo at www.fishingtripspain.co.uk. The rate will be calculated for the next excursion or activity and there will be given to the passenger the option to accept the new amount or to keep the original purchase that figures in the ticket.
2.4.- The passenger must be conscious that some types of modifications will not imply a change of the rate, but others can imply an increase of the price. Many rates are valid only in the dates and concerning the activities that figure in the ticket, and they cannot be modified; In case they are modified, an additional sum will have to be paid.
2.5.- The passenger must know that in case he does not arrive at the time of the excursion o activity, the amount of the ticket will not be refund.
3.- Price and purchase of the ticket
3.1.- The purchase of the ticket shall follow at the web page www.fishingtripspain.co.uk in such a way that the purchase, the booking and the charge to the credit or debit card shall take place at the same time.
3.2.- Only payments with credit or debit card are allowed.
3.3.- After the purchase of the ticket, the passenger will be informed by email about the programmed time of the excursion, as well as the details of the product or activity he has just contracted.
3.4.- The confirming mail of the purchase will take full validity as a ticket and can be presented in any format when requested.
3.5.- The price is only referred to the excursion or contracted activity, unless something else is indicated. The price does not include other additional services that could be offered during the excursion or contracted activity.
3.6.- The taxes and fees that the passenger must pay have been imposed by the government or the operators. All taxes and rates are included in the price of the ticket. In case those taxes and rates have been cancelled or reduced after the purchase of the ticket, the passenger will not have the right to claim any refund.
3.7.- The price of the ticket, the taxes and all rates have to be paid in the currency of the country in which the ticked is issued, unless another currency is allowed, before or in the moment to implement the purchase (for example, in case the local currency is not convertible). Payments in another currency shall be accepted at the discretion Pescaturismo.
B.- REFUND POLICY
1.1.- Only in case the programmed activity has been cancelled by the company before getting on board, the whole price of the ticket or a part of it shall be refunded. No other circumstance gives right to refund.
1.2.- Refund will carry out in the same way as the client has purchased the ticket, and to the same person that figures in the ticket or to who paid it.
1.3.- The skipper of the boat has the legal authority to cancel the activity in the moment of loading the passengers in unfavourable weather conditions or in case of adverse forecasts. In this case 100% of the amount of the activity will be refunded or the client will be relocated for another date.
1.4.- Due to the characteristics of fishing activity, loading schedules shall be scrupulously respected. Passengers who are not present on time shall not be waited. In case passengers are late, the price of the ticket will not be refunded.
1.5.- Once the booked boat has left the port, the activity is considered to be initiated, with no refund right in case the skipper decides to cancel or to modify the activity by meteorological or safety reasons.
1.6.- The ticket will not be refunded in case of loss or theft, as well as when the request takes place after the maturity of the ticket.
1.1.- The purchase of the ticket for any boat excursion is followed by a personal accident insurance.
1.2.- The identification will be proved with the ticket.
1.3.- The coverage includes loading, sailing and unloading.
1.4.- the details are as follows:
- Death for accident: 30.000 €
- Permanent invalidity for accident: 60.000 €
- Medical expenses, rescue and transfer: up to 6.000 €.
In any case, Pescaturismo remains exonerated from any liability for any possible danger which may not be totally or partialy covered by the insurance policy suscribed by the owner of the boat.
D.- SCHEDULES AND EXCURSION CANCELLATIONS:
1.1.- At the purchase of the ticket, the passenger will be informed about the programmed time of the excursion or activity, and this time will figure on the ticket. It is possible to change the programmed time after the issue of the ticket or even to cancel the excursion, since the activities are carried out on the sea and with different people, and are submitted to possible previous variations on in situ (physical conditions of the passengers, meteorology, any danger to physical integrity of passengers, state of the fishing ... ). Those changes don't give right to any compensation.
1.2.- If the passenger has supplied correct contact details, the company will duly inform him any changes. If after the purchase of the ticket, the company significantly modifies the time of the programmed activity and the passenger does not accept it, and Pescaturismo is not able to relocate him in another acceptable activity, the passenger will have the right to be refunded.
1.3.- Pescaturismo will do all its best to avoid delays in the excursions and contracted activities. For this purpose and in order to prevent any possible cancellation in exceptional circumstances, the company is allowed to arrange the use of similar boat to the one that has been contracted.
E.- BEHAVIOR IN THE BOATS
1.1.- The craft will not return until the fishing journey or the excursion has finished. The activity can only be modified for meteorological or security reasons, at the discretion of the skipper.
1.2.- The orders of the skipper or of the person in charge of the security on board will strictly be followed as for:
- The use of life jackets and the cases of abandonment of ship.
- Spaces and restricted tasks during handling and navigation.
- Mobility and manipulation of fish and all those aspects concerning the safety of passengers.
1.3.- If at our reasonable discretion, the behavior of passengers on board endangers the security of the boat or of any person or object on board, hinders the fulfillment of the tasks of the crew, objects to the crew's orders, or causes any discomfort, trouble, nuisance or injury to the passengers or to the crew, or to any personal belonging, the skipper is allowed to take any reasonable measure in order to prevent such behavior, including coercive measures. Passengers can be unloaded at any place, the transport can be denied and the company can go to the law for the infractions on board.
1.4.- The passenger will have to compensate Pescaturismo for all costs arising from his inappropriate behavior on board. If as a result of the behavior of the passenger it is necessary to alter the course of the route to another port, the solving of the incident can imply to submit the passenger to the legal authorities at the new destination.
1.5.- If as a result of the behavior of the passenger, the crew decides to turn the boat aside in order to put him ashore, the passenger will have to pay all costs and incurred expenses, whatever they are, if they arise from the detour. If the passenger has caused any hurt or his actions have cause to Pescaturismo any cost, he will be liable for the above mentioned cost, hurt or any other responsibility. Boat Mallorca Web Services will request to the passenger all the cost that it has incurred as a result of the present rules, with the right to execute legal actions before the court.
164.- Alcoholic drinks are not allowed on board if they have been supplied by passengers or third persons.
F.- CLOTHING AND PERSONAL BELONGING
1.1.- Passengers have to wear suitable and comfortable cloths to spend a journey in the sea, particularly in certain excursions. It is recommended to use shoes with rubber sole, cap with peak or hat. In certain seasons or according to meteorological conditions, it is advisable to take a change of clothing and a raincoat.
2.- Personal belonging
2.1.- It is not allowed to bring to the boat:
- objects suitable to endanger the security of the boat, the persons o things on board.
- objects that are forbidden by legal regulation concerning maritime security.
- objects considered non suitable by the skipper because they can be dangerous or unsafe regarding its weight, size, shape or character, or because they are fragile or perishable depending on the type of the contracted excursion.
2.2.- The skipper can deny to bring to the boat any object that is reasonably unsuitable to be transported according to its size, shape, weight, content and character, or for operational or security reasons, or for the comfort of the other passengers.
2.3.- All kind of animal is not allowed on board (except assistance dogs).
2.4.- Pescaturismo is not liable for any loss or hurt of neither personal belonging of passenger on board nor his clothes.
H.- SPECIAL ASSISTANCE
1.1.- Children need to have the corresponding authorization or to be accompanied by a responsible person (father, mother or legal tutor).
1.2.- Disabled passengers, or those suffering physical, psychological or sensory deficiencies, pregnant women, sick persons or any other person demanding a special assistance should contact www.fishingtripmajorca.co.uk before purchasing the ticket. The company will analyze each single case in order to guaranty that the alleged activity is suitable for his personal circumstances, with the engagement to do all its best to find the best solution. Otherwise, the company keeps its admission rights.
1.3.- Special meals on board which differ to those that have been contracted will not be offered. Moreover, it has the right to modify the menus without prior notice due to the special characteristics of the activity, with no liability towards the passenger.
1.4.- It is recommended to passengers with health problems to seek medical advice before contracting certain boat excursions, particularly when it is about fishing 12 hour-journeys, and to keep all precautionary measures.
1.5.- If the passenger is likely to suffer dizziness on board, it is recommended to take any medicine to avoid it before the activity.
1.6.- Special assistance is not a part of the contract and Pescaturismo will not be liable if it is impossible to fulfill it and keeps the right to deny shipment.
I.- THE RIGHT TO REFUSE THE TRANSPORT
1.1.- The skipper can refuse to embark the client for safety reasons or, applying its reasonable criterion and at any point of the activity, it can refuse to transport any passenger in any of the following situations, with no right to refund:
- the passenger does not comply with legal regulation.
- the transport of passenger can endanger or affect the safety or health, or affect the comfort of the other passengers or the crew.
- if the mental o physical state of the passenger, including the problems arising from alcohol or drugs, implies a problem or a risk for himself, for the rest of passengers or the crew, or for the goods of the passengers or the crew.
- the passenger has used threatening, abusing or insulting words, or if he has kept a threatening, abusing, insulting or undisciplined behavior towards a member of personnel or a member of the crew of the boat o towards the other passengers.
- the passenger is, or the skipper reasonably thinks that the passenger is, in illegal possession of drugs or any other illegal substance.
- the passenger has put in danger the safety of the boat and of any person on board.
- the passenger has committed a crime during any phase of the activity.
- the passenger has behaved incorrectly in a previous activity and there are motives for thinking that he can repeat this behavior.
- the passenger has refused to duly accredit his identity.
- the passenger has not paid the price of the ticket.
- the passenger does not seem to have the ticket in rule or denies to present it to the crew or to the personnel of the activities in land at request, or presents expired documents that do not comply with legal regulations, or that are false, either by usurpation of identity or by falsification of documents.
1.2.- The presented ticket:
- was illegally acquired or was purchased to a company that is not Pescaturismo or is not binded with it.
- there is information that it is a case of a lost, stolen or false ticket.
- he has a ticket that has been modified or has been maimed.
1.3.- In the moment of embark the passenger requests a special assistance that has not been requested or confirmed before.
1.4.- The passenger has not complied with any instruction or with the legal regulation concerning safety.
1.5.- In the moment to present the ticket the passenger cannot demonstrate that he is the person whose name appears in it.
J.- PERSONAL INFORMATION
1.1.- According to the law, in order to realize a reservation the passenger allows Pescaturismo to preserve all the personal information that he has supplied for issuing the ticket. Moreover, the company is allowed to transmit such information to the suppliers of the contracted services.
1.2.- Pescaturismo keeps the right to use the pictures taken during the activities for its exclusive use on purpose of marketing of the company. The persons who do not want to be photographed have to indicate it before the beginning of the activity or by email to firstname.lastname@example.org. For operational reasons this clause shall not apply to clients coming from Destination Services, Pacific World and Intercruises.
K.- FINAL DISPOSITION
1.1.- No agent, employee, representative o supplier of Pescaturismo is allowed to alter, to modify or to do resignation to any of the dispositions of this contract or of the general conditions.
1.2.- All customers will have at their disposal the claim sheet on the business address located in the Edificio Norte A, 1-8 floor, Parc Bit, Palma de Mallorca, Islas Baleares, Monday to Friday from 10:00 to 13:00 hours, as regulated by Decree 89/2010 from 22nd of July on its Article 7.3 inspection book and claim sheets.
1.3.- The purchase of the ticket implies the client's assumption of the whole content of those General Conditions.