General terms and conditions

GENERAL TERMS AND CONDITIONS

These General Conditions establish, together with the other terms and conditions, the legal framework that will regulate the purchase of products through the website www.esperanzacharter.com. This website belongs to the Entity RIPOLITO SL, a legally constituted company with its registered office at C/ Rossella 32, Marratxí 07141, BALEARIC ISLANDS, with CIF number B16790164

The company and/or Entity RIPOLITO SL’s activity is the rental of boats and jet skis in Santa Ponsa. For any queries, you can contact us by phone at 623930058 or at the customer service email address contacto@esperanzacharter.com

The purpose of these terms and conditions is to regulate the terms for hiring the rentals offered by the company through the website and the corresponding financial consideration and/or payment to be made by the Client to the Company.

The company makes clear, understandable, and unambiguous information on the following points available to the recipient permanently, easily, and free of charge, before starting the contracting procedure and through techniques appropriate to the communication medium used:

1. The different steps that must be followed to accept these general terms and conditions.
2. Electronic filing of these general terms and conditions, which are accessible at all times.
3. The company provides technical means to the client to identify and correct errors. The language in which these general terms and conditions are formalized is Spanish.
4. Prior to the start of the contracting procedure, the company makes the general conditions available to the client so that they can be stored and reproduced by the client.
5. Likewise, the online contracting of the products offered by the company through this website will be subject to the provisions of the legal note and/or legal notice of the website.
6. These General Conditions have been prepared in accordance with the provisions of Law 34/2002, on information society services and electronic commerce; Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998; Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
7. The acquisition and/or purchase of any of the company/entity’s products through the website requires acceptance as a client, without reservations of any kind, of each and every one of the General Contracting Conditions and the Particular Conditions that apply to the products acquired and/or contracted.
8. The company informs that the steps to contract the products offered are those described in these general conditions, as well as the specific ones indicated on the website during navigation, so that the client declares to know and accept these steps as necessary to acquire and/or contract the products offered on the website.
9. All information provided during the contracting process will be stored by the company.

Any modification or correction of the data provided by clients during navigation must be carried out according to the instructions included on the website.

1. By submitting the data, the client gives their express consent to the processing of their personal data for the purpose of acquiring and/or contracting the products sold by the company.

The client contracts the rental from the company, and the company accepts the order to rent what is selected on the website, in accordance with these general terms and conditions.

The Seller reserves the right to unilaterally modify these Conditions, without this affecting the rentals or promotions that were contracted prior to any modification.

1. IDENTITY OF THE SELLER

The Seller of the rentals, contracted by the client and/or user, is RIPOLITO SL, an Entity whose activity is renting boats and jet skis.

RIPOLITO SL rents boats and jet skis offered through the page www.esperanzacharter.com. Sales and/or contracting operations will be understood to be carried out at Avinguda del Rei Jaume I 90, Local 6, Santa Ponsa, BALEARIC ISLANDS.

The website www.esperanzacharter.com is registered in the name of RIPOLITO SL. The commercial brand is duly registered in the name of the Company and/or Entity.

1. OBJECT OF THE CONTRACTING CONDITIONS

The purpose of these contracting conditions is to set the conditions for the sale of the products to be contracted on the website www.esperanzacharter.com. The conditions will regulate the contractual relationship of sale and/or contracting generated between the Seller and the Buyer at the moment the latter accepts the corresponding box during the online purchase and/or contracting process. The characteristics of the products acquired and/or contracted are reflected on the Web.

The contracting of any of the rentals by the buyer through the page www.esperanzacharter.com entails the acceptance and submission to these General Conditions of sale in their entirety.

The company, through the website, rents boats and jet skis. This sale will be governed by the Contracting Conditions set out here and by the Particular Conditions that may apply to the acquisition and/or contracting of each of the products.

The prices applicable to the products purchased and/or contracted are those indicated on the Website on the date of contracting and/or acquisition.

Offers are duly marked and identified, indicating the previous price and the offer price.

All technical means and requirements needed to access the website and the products offered on it will be at the sole expense of the User.

Once the Web has been accessed, to proceed with the acquisition and contracting of the different products, the User must follow all the indications and instructions collected on the page, filling out for these purposes the Contracting Conditions and other forms set for each product, which will imply the reading and acceptance of all the General Contracting Conditions, as well as, where applicable, the Conditions

Particulars that may apply.

III. PURCHASE PROCEDURE.

If you are under 18 years old, you cannot purchase products from www.esperanzacharter.com. To purchase any product from RIPOLITO SL, you must be of legal age.

The contracting of products must be done through the specific selection of the desired product and/or products using the purchase selection tools installed on the website. Once the purchase request has been selected and verified, you will have proceeded to the express total acceptance of each and every one of the contracting conditions, as they are shown on the company’s website, and it implies the purchase of the requested products.

From the moment of acceptance, the user acquires the status of Client of the company/entity.

Any product or service offered subsequently by the company/entity must be the subject of a new contract.

The client is recommended to read these General Conditions more carefully, and to print them on paper or save the document in electronic format.

To contract any of the products on the page www.esperanzacharter.com, the user must register their personal and/or professional data and choose a password that allows them to access areas that require prior identification. At the moment your data is registered on our server, or you carry out your contracting, your personal and professional data, address, and those relating to your chosen payment method are incorporated into our database, being used exclusively to process the sale of the contracted product during the selected period and send information about offers and information that may be of interest to you during the contracted period. At any time you can modify your client registration data (address, contact telephone number, email address, etc.) or request a password reminder if you have forgotten it.

Once the client account has been created, please be informed that in accordance with the requirements of art. 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will follow these steps:

1.- To start the contracting and/or acquisition on the web www.esperanzacharter.com, the user must select one of the products shown on the page.

The user can view and control the selected product(s) by following the purchase and/or contracting instructions on the web. The web will show the selected items, price, and particular conditions.

Once the selection of products is finished, the user must proceed to payment and/or contracting. The contracting conditions you have selected will be shown, and it is understood that VAT is included in the price. In the event that transport costs are not included, you will be informed of the cost of transport and/or delivery of the selected product(s). Likewise, the user/client can apply any discounts they may have. At this point, the user can continue shopping or make the payment and/or contract.

2.- To make the payment, the user must be registered on the page. To do this, they must fill out a form with the requested data. Those data that are essential to proceed with the purchase will be marked with an asterisk.

The user can request, by checking the corresponding box, the receipt of newsletters and offers from RIPOLITO SL. And confirm the delivery and billing address.

3.- The next step will be to determine the shipping details, specifying a delivery address.

4.- The payment method accepted by the seller is:

Visa

MasterCard.

5.- For RIPOLITO SL, the security of its clients is fundamental […]. Therefore, with the aim of protecting the transmission of confidential information, the web server of www.esperanzacharter.com has a data encryption protocol using algorithms of up to 128 bits, through an SSL (Secure Sockets Layer) Security Certificate. SSL encryption technology protects financial transactions and data flow (name, address, credit card number, etc.), allowing operations to be carried out securely.

For payment with Visa and Mastercard credit cards, the client must have payment via CES (Secure Electronic Commerce) activated. Communication between the client and the payment entity will also be carried out through a secure server with SSL encryption. The client’s credit card data will be absolutely confidential (: neither RIPOLITO SL nor third parties will have access to them).

6.- Finally, the user must confirm the contract. In any case, the Seller’s contracting platform will inform the user once the purchase and/or contracting procedure has been completed.

1. PRODUCTS

The product is offered on the website with a description as accurate as possible regarding its characteristics.

1. THE PRICE AND AVAILABILITY OF THE PRODUCTS.

The prices applicable to each of the products are those published on www.esperanzacharter.com, indicated below each product. Prices are reflected in euros.

Prior to the buyer accepting the contracting and/or acquisition operation, the prices of each of the selected and/or contracted products and/or expenses that will be applicable to the operation and the promotions or discounts that, where applicable, apply, are clearly specified.

The Seller reserves the right to modify its prices at any time. In case of modification of the sale price, the products will be invoiced according to the price in force during the registration of the contract and/or acquisition.

Every payment made to the Seller will entail the issuance of an invoice in the name of the client/user.

For any information about the contracted product, the user will have a service via email at the email address contacto@esperanzacharter.com. In any case, the subject of the message or client data must be indicated.

1. DELIVERY OF PRODUCTS AND SHIPPING COSTS.

Delivery times will be provided at the time of formalizing the contract and will depend on the selected shipping method. The Company/Entity will not be responsible for delays that occur due to causes beyond its management or force majeure.

Shipping costs are included in the final price when making the purchase and/or contract.

• VALIDITY OF THE OFFER.

Offers are duly indicated. The products offered on the website will be available until any modification related to the product occurs, which will be notified one week in advance.

• RIGHT OF WITHDRAWAL

The Contracting Party acquires the status of consumer and user in accordance with art. 68 of RD 1/2007, and has the power or right of withdrawal, having a period of 14 days for this. In accordance with art. 71 of RD 1/2007, the object of this contract being the acquisition of a product, the 14-day period to exercise the right of withdrawal will begin to count from the date of receipt of the product.

To exercise the right of withdrawal, the client can use any of these means:

a) By telephone at 623930058

b) By mail to the address. Using the withdrawal form that the client can download here, and which can also be sent by email to contacto@esperanzacharter.com. In this case, the client must put WITHDRAWAL FORM in the subject line.

WITHDRAWAL FORM (You should only fill out and send this form if you wish to withdraw from the contract)

FOR THE ATTENTION OF: RIPOLITO SL with NIF/CIF: B16790164, address at: C/ Rossella 32, Marratxí 07141, BALEARIC ISLANDS, Tel: 623930058, Email: contacto@esperanzacharter.com.

I hereby inform you that I withdraw from my contract of sale of the following good or goods with reference no.

Reference no.

Reference no.

Belonging to order no.: with purchase date

Name of the buyer(s)

Address of the buyer(s)

If the shipping address is different from the buyer’s, you must fill in the following details:

Recipient’s name

Recipient’s address

Signature of the consumer(s)

Date

The exercise of the right of withdrawal is completely free and the Company and/or entity will proceed to refund the total price paid including shipping costs. The Client has a period of calendar days from receipt of the product to terminate the contract. The Client will communicate to the Company/Entity within the stipulated period and by any means admitted by law, their desire to exercise the right of withdrawal or termination of the contract.

The returned product must be delivered together with the delivery note and, where applicable, the invoice issued by The Company/Entity. The Client can return any item they have purchased from the Company/Entity as long as the products retain their original seal or packaging and the manuals, accessories, or promotional gifts included where applicable; otherwise, the item will suffer a depreciation. The Client will only be responsible for the decrease in value of the goods resulting from handling them other than what is necessary to establish their nature, characteristics, or functioning.

The product must be unused and in perfect condition, including accessories, documentation, and original packaging. Once the goods have been received in our warehouses, and after checking their condition, the amount will be refunded under the terms established in article 76 of RDL 1/2007, according to the payment method used by the client, except for cash payments, which will be refunded via bank transfer.

1. RETURN

The company and/or entity guarantees the Client the possibility of canceling their order at any time and without any cost. The Client will have a period of calendar days from receipt of the item or from the formalization of the purchase if it were a service to terminate the contract. The Client will communicate to the Company/Entity within the stipulated period and by any means admitted by law, their desire to exercise the right to terminate the contract.

The returned order must be delivered together with the delivery note and, where applicable, the invoice issued by The Company/Entity, with the Client bearing the return costs. The Client can return any item they have purchased from the Company/Entity as long as the products retain their original seal or packaging and the manuals, accessories, or promotional gifts included where applicable; otherwise, the item will suffer a depreciation. The Client will only be responsible for the decrease in value of the goods resulting from handling them other than what is necessary to establish their nature, characteristics, or functioning.

If a product other than the one requested by the client is delivered by mistake by The Company/Entity, the correct product will be delivered, collecting the first one, without any additional charge to the Client.

If a product has arrived at the client broken, damaged, or in poor condition, the Company/Entity will take care of collecting it from their home, replacing it with another in good condition, without additional charges. To request the return of products, the client can use any of these means:

a) By telephone at 623930058

b) By email at the address contacto@esperanzacharter.com. Using the return form that the client can download here, and which can also be sent by email to the address contacto@esperanzacharter.com. In this case, the client must put RETURN FORM in the subject line.

For any claim or query, you can contact the Company/Entity by phone at 623930058 or by email at contacto@esperanzacharter.com.

The Client can return the product at any of the Company/Entity’s physical stores within the national territory.

1. PROFESSIONALS

If the Contracting Party is a professional, RD 1/2007 and Law 7/1998, and General Law 26/1984 for the Defense of Consumers and Users will in no case be applicable. In this case, Law 7/1998 on General Contracting Conditions will apply.

1. CONCLUSION OF THE CONTRACT

Contracts will be understood to be concluded and will produce all the effects provided for by the legal system when consent and the other requirements necessary for their validity are met. And they will be governed by the provisions of LSSI art. 23 and 24, in the Civil Code, in the Commercial Code, and other applicable civil or commercial rules. Prior agreement of the parties on the use of electronic means will not be necessary. It will be understood that the contract is in writing if the contract or information is contained in an electronic medium. The electronic medium in which a contract concluded electronically is contained will be admissible in court as documentary evidence. The contract between the parties will be presumed to be concluded in the location of the registered office and/or establishment of the company.

• MODIFICATION

The company reserves the right to modify or replace these Contracting Conditions upon expiration of the contract as a result of the existence of new economic and/or commercial circumstances that make it advisable, as well as due to the modification, evolution, and enactment of laws, regulations, and rules applicable to the provision of the Service and/or related aspects.

The company undertakes to make every effort to maintain an acceptable level in the fulfillment of its contractual obligations.

• LIABILITY REGIME

The company will not be responsible for problems derived from lack of access or problems inherent to Internet connectivity or electricity networks when these originate from causes beyond its control or causes that could not have been foreseen by the Parties or that, even being foreseeable, the company has made all reasonable efforts to avoid them or that were considered as fortuitous events or force majeure.

Fortuitous Event and Force Majeure

The company will in no case be responsible for the delay in the execution of its obligations nor for the non-execution of the same, if this non-compliance were motivated by fortuitous events or reasons of force majeure, in accordance with the provisions of article 1,105 of the Civil Code. This circumstance will be communicated to the other party as soon as possible. The agreed delivery times will be extended by at least the period of time that the cause of force majeure lasted. If the cause of force majeure lasts more than three (3) months, either party may terminate these Contracting Conditions.

• PROTECTION OF INTELECTUAL PROPERTY

The website www.esperanzacharter.com is owned by RIPOLITO SL. The commercial brand is duly registered in the name of RIPOLITO SL. Likewise, the website www.esperanzacharter.com including but not limited to its programming, editing, compilation, designs, logos, text, and/or graphics, are the property of RIPOLITO SL, being protected by national and international regulations on intellectual and industrial property. Therefore, the owner of the rights expressly prohibits the use or reproduction, partial or total (by any physical or electronic means), by third parties, unless there is an agreement or written authorization to this effect. Access by the user to the website does not grant them any ownership rights over them. RIPOLITO SL will exercise the legal actions provided for by law against those who knowingly and without authorization carry out any of the detailed acts.

Access by the user to the website does not grant them any ownership rights over them. RIPOLITO SL will exercise the legal actions provided for by law against those who knowingly and without authorization carry out any of the detailed acts.

1. APPLICABLE LAW AND JURISDICTION

These General Conditions will be governed and interpreted in accordance with Spanish legislation in everything that is not expressly established. The parties submit to the Jurisdiction of the Courts and Tribunals of [Palma de Mallorca] for any issues that may arise or actions exercised derived from the provision of the Web service and its services and contents and on the interpretation, application, compliance, or non-compliance with the provisions of these general conditions.

• PERSONAL DATA

In accordance with the provisions of the General Data Protection Regulation GDPR EU 679/2016 and Organic Law 3/2018 of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, you are provided with the following information on the processing of your personal data: Responsible: RIPOLITO SL NIF/CIF: B16790164 ADDRESS: C/ Rossella 32, Marratxí 07141, BALEARIC ISLANDS, TELEPHONE 623930058, EMAIL: contacto@esperanzacharter.com. Data Protection Officer: Does not require a data protection officer. PURPOSE: At RIPOLITO SL we process the information you provide us with in order to sell the contracted products, carry out the billing for them, and manage the sending of information and commercial prospecting. In order to be able to offer you services according to your interests, we will create a commercial profile based on the information provided. No automated decisions will be made based on said profile. The personal data provided will be kept as long as the commercial relationship is maintained and its deletion is not requested, for a period of 5 years from the last contract and/or purchase made by you. In any case, your personal data will be kept as long as they are useful for the indicated purpose, and, in any case, during the legal periods and for the time necessary to attend to possible liabilities arising from the processing. LEGITIMATION: The processing of your personal data is based on the execution of a contract in which the interested party is a party or for the application at their request of pre-contractual measures, and in any case you have given your consent to process your personal data for one or more specific purposes, in accordance with the provisions of GDPR EU 679/2016 (ART. 6.1. A. B) and Organic Law 3/2018 of December 5, (LOPDPGDD). The Information Society Services Law 34/2002, articles 20 and 21, applies to the sending of commercial offers via telecommunications. The prospective offer of products and services is based on the consent requested from you, without the withdrawal of this consent conditioning the product acquisition and/or service provision contract in any case. There is an obligation to provide personal data, otherwise the service cannot be provided and/or the product sold and/or the requested offer provided. There is an obligation to provide consent to be able to make prospective offers and send you commercial information. RECIPIENTS: Data will not be communicated to any third party outside the Entity, except by legal obligation. However, we inform you that third-party providers may have access to your personal data, as data processors, within the framework of providing a service for the Entity Responsible for Processing. In addition to the above, the Entity may make transfers or communications of personal data to meet its obligations to Public Administrations in cases where this is required in accordance with current legislation. There is no provision for data transfer to third countries. No adequacy decisions, guarantees, binding corporate rules, or specific applicable situations are taken. RIGHTS: Interested persons have the right to obtain access to their personal data, as well as to request the rectification of inaccurate data or, where applicable, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. In certain circumstances, interested parties may request the limitation of the processing of their data, in which case we will only keep it for the exercise or defense of claims. Likewise, and for reasons related to their particular situation, interested parties may object to the processing of their data, in which case their personal information will stop being processed for those purposes for which they have expressed their opposition. When technically possible, the interested party may request the portability of their data to another Data Controller. To exercise these rights, in accordance with current legislation, interested parties may contact RIPOLITO SL by post, attaching a copy of a document proving their identity (DNI), at the address: C/ Rossella 32, Marratxí 07141, BALEARIC ISLANDS, or at the email contacto@esperanzacharter.com. You have the right to file a Claim before the Control Authority: Spanish Data Protection Agency (www.agpd.es). Origin of Personal Data: the interested party themselves.