JON WOOD MENDIBIL, responsible for the website, hereinafter RESPONSIBLE, makes this document available to users, with which it intends to comply with the obligations set forth in Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all users of the website of the conditions of use.
Any person accessing this website assumes the role of user, undertaking to strictly observe and comply with the provisions set forth herein, as well as any other legal provision that may be applicable. JON WOOD MENDIBIL, reserves the right to modify any type of information that may appear on the website, without any obligation to give prior notice or inform users of said obligations, with publication on the SPIRIT EXPERIENCES website being understood to be sufficient.
1. IDENTIFICATION DATA
- Company name: Jon Wood Mendibil
- Company name: Spirit Experiences
- Tax ID: 72608278S
- Address: Calle Urbia nº5, 3, 20014, San Sebastian
- E-mail: info@spiritexperiences.com
2. PURPOSE
Through the Website, we offer Users the possibility of accessing information about our services.
3. PRIVACY AND DATA PROCESSING
When it is necessary to provide personal data in order to access certain contents or services, Users shall guarantee their truthfulness, accuracy, authenticity and validity. The company will give these data the corresponding automated treatment according to their nature or purpose, in the terms indicated in the Privacy Policy section.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and accepts that all the contents shown on the Web Site and, in particular, designs, texts, images, logos, icons, buttons, software, commercial names, brands or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all brands, commercial names or distinctive signs, all industrial and intellectual property rights on the contents and/or any other elements inserted on the page, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in the course of trade. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding the company harmless from any claim arising from the breach of such obligations.
Under no circumstances does access to the Web Site imply any kind of waiver, transmission, licence or total or partial transfer of these rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any other rights shall be subject to the prior and express authorisation specifically granted for this purpose by the company or the third party holder of the rights affected.
The contents, texts, photographs, designs, logos, images, computer programmes, source codes and, in general, any intellectual creation existing in this Space, as well as the Space itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. The company is the owner of the elements that make up the graphic design of the Web Site, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Web Site or, in any case, has the corresponding authorisation for the use of these elements. The content provided on the Web Site may not be reproduced in whole or in part, nor may it be transmitted or recorded by any information retrieval system, in any form or by any means, without the prior written authorisation of the aforementioned Entity.
It is also forbidden to remove, evade and/or manipulate the copyright as well as the technical protection devices or any information mechanisms that may be contained in the contents. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could damage them, and in any case the company reserves the right to exercise any legal means or actions that may correspond to it in defence of its legitimate intellectual and industrial property rights.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE
The User undertakes to:
- To make appropriate and lawful use of the Webspace as well as the contents and services, in accordance with: (i) the legislation applicable at all times; (ii) the General Conditions of Use of the Webspace; (iii) generally accepted morals and good customs and (iv) public order.
- To provide all the technical means and requirements necessary to access the Webspace.
- To provide truthful information when filling in the forms contained in the Webspace with their personal data and to keep them updated at all times so that they correspond, at all times, to the User’s real situation. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to the company or third parties as a result of the information provided.
Notwithstanding the provisions of the previous section, the User must also refrain from:
- Making unauthorised or fraudulent use of the Web Site and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all types of contents stored in any computer equipment.
- Accessing or attempting to access resources or restricted areas of the Webspace, without complying with the conditions required for such access.
- Causing damage to the physical or logical systems of the Web Site, its suppliers or third parties.
- Introduce or disseminate computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, its suppliers or third parties.
- Attempt to access, use and/or manipulate the data of the company, third party suppliers and other Users.
- Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorised by the owner of the corresponding rights or it is legally permitted.
- Delete, conceal or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties included in the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
- Obtain and attempt to obtain the contents using means or procedures other than those which, as the case may be, have been made available for this purpose or which have been expressly indicated on the web pages where the contents are found or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the Web Site and/or the contents.
- In particular, and by way of example only and without limitation, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material which: – In any way that is contrary to, undermines or infringes fundamental rights and public freedoms recognised in the Constitution, in international treaties and in the rest of the legislation in force; – Induces, incites or promotes criminal, denigratory, defamatory or violent actions or, in general, actions contrary to the law, morality, generally accepted good customs or public order; – Induces, incites or promotes criminal, denigratory, defamatory or violent actions or, in general, actions contrary to the law, morality, generally accepted good customs or public order. Induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or condition. incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morals and generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear – Induces or incites to engage in dangerous practices, risky or harmful to health and psychological balance – Is protected by legislation on intellectual or industrial protection belonging to the company or to third parties without having been authorised for the intended use. – Is contrary to the honour, personal and family privacy or personal image of persons; – Constitutes any type of advertising; – Includes any type of virus or programme that prevents the normal operation of the Web Site.
If you are provided with a password to access any of the services and/or contents of the Webspace, you undertake to use it diligently, keeping it secret at all times. Consequently, he/she shall be responsible for its proper custody and confidentiality, undertaking not to cede it to third parties, either temporarily or permanently, or to allow access to the aforementioned services and/or contents by third parties. Likewise, he/she undertakes to notify the company of any event that may involve the improper use of his/her password, such as, but not limited to, its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, until the above notification is made, the company shall be exempt from any liability that may arise from the improper use of your password, and shall be responsible for any unlawful use of the contents and/or services of the Web Site by any illegitimate third party. If the user negligently or fraudulently breaches any of the obligations established in these General Conditions of Use, he/she shall be liable for all damages that may arise for the company as a result of said breach.
6. RESPONSIBILITIES
Continuous access is not guaranteed, nor is the correct viewing, downloading or use of the elements and information contained on the website, which may be impeded, hindered or interrupted by factors or circumstances beyond its control. It accepts no responsibility for any decisions that may be taken as a result of access to the content or information offered.
The service may be interrupted, or the relationship with the User may be immediately terminated, if it is detected that any use of its Web Site, or any of the services offered therein, is contrary to these General Conditions of Use. We shall not be liable for any damages, losses, claims or expenses arising from the use of the Web Site.
We shall only be liable for the removal, as soon as possible, of content that could lead to such damage, provided that we are notified accordingly. In particular, we shall not be liable for damages that may arise, among others, from:
- Interferences, interruptions, faults, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause beyond the control of the company.
- Illegitimate intrusions through the use of malware of any kind and through any means of communication, such as computer viruses or any other.
- Improper or inappropriate abuse of the Web Site.
- Security or browsing errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrator of the Web Site reserves the right to withdraw, in whole or in part, any content or information present on the Web Site.
The company excludes any liability for damages of any nature that may be due to the misuse of the services of free availability and use by the Users of the Webspace. Likewise, the company is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, these being used solely for the provision of the services of consultations and doubts. On the other hand, in the event of causing damages due to an illicit or incorrect use of said services, the User may be claimed for the damages caused.
You will hold the company harmless against any damages arising from claims, actions or demands from third parties as a result of your access to or use of the Web Site. You also undertake to indemnify the company against any damages resulting from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Web Site.
7. CONDITIONS OF SERVICE
- The company reserves the right to modify the departures and/or itinerary without prior notice due to force majeure or for reasons beyond the company’s control (adverse weather conditions, tides, etc.).
- The company has civil liability and accident insurance. The passenger must observe the safety rules indicated by the crew, and among other indications, to remain seated when indicated, not to climb overboard, and not to jump into the water except from the place indicated by the crew. It is expressly forbidden to get up from the seats in rough seas or at high speed.
- The purchase authorises the client to use the RESPONSIBILITY service, route, or experience chosen during the date and times indicated therein or previously agreed with the client. When the booking expires, the client must purchase another ticket or abandon the tour.
- Children under the age of 13 must always be accompanied by an adult.
- The company reserves the right to expel any person boarding if it considers that their behaviour is offensive or annoying to the rest of the passengers and crew, or if their behaviour poses a risk to their safety or the correct operation of the service.
- The cost of repair and/or replacement in the event of damage due to improper use of furniture, material, movable property, damage caused to third parties, etc., shall be charged to the customers or guardians.
- The company is not responsible for any loss or damage to personal belongings, unless due to staff negligence.
- Once the reservation ticket has been purchased, no changes or refunds will be allowed.
The CLIENT declares under his/her sole responsibility:
- To be of legal age or to have the permission of a legal representative for the practice of the activity.
- To have been informed about the activity and the risks involved, as well as the behaviour to be observed.
- Be accompanied by a skipper-captain whose instructions you undertake to follow and assume responsibility for any actions that contradict these instructions.
- Not to be under the influence of alcohol, drugs, or medication that could endanger the client or those around him.
- To be aware of the existence of assistance or accident and civil liability insurance.
- Have been provided with all the technical and safety material for the practice of the activity, as well as having received other recommendations from the company.
- Not to suffer from any previous illness or injury that would make it incompatible with sailing or the practice of aquatic activities.
8. CANCELLATION POLICY
The cancellation of the reservation may result in the refund of the money paid, depending on the time at which it occurs, although, provided that the cancellation is due to adverse weather conditions, the Captain’s decision, breakdown, the amount paid will be refunded in full, or at the request of the client, the reservation will be kept for another occasion, subject to availability.
If the client decides to cancel the service, we will proceed as follows:
- Up to 3 weeks: full refund of the amount paid.
- Up to 2 weeks: 50% refund.
- Before 1 week: 25% refund.
- During the last 7 days: No refund.
8. DATA PROTECTION
In order to use some of the Services, the User must previously provide certain personal data. The company will automatically process this data and will apply the corresponding security measures, all in compliance with the RGPD, LOPDGDD and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, under the conditions defined in the Privacy Policy.
9.COOKIES
The company reserves the right to use “cookie” technology on the Web Site in order to recognise you as a frequent User and to personalise your use of the Web Site by pre-selecting your language or the most desired or specific content.
Cookies collect the user’s IP address and Google is responsible for processing this information.
Cookies are files sent to a browser, by means of a web server, to record the User’s browsing on the Webspace, when the User allows them to be received. If you wish, you can configure your browser to be notified on screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please consult the instructions and manuals of your browser for further information.
Thanks to cookies, it is possible to recognise the browser of the computer used by the User in order to provide content and offer the browsing or advertising preferences of the User, the demographic profiles of the Users as well as to measure visits and traffic parameters, monitor progress and number of entries.
10. FORCE MAJEURE
The company shall not be liable in the event of the impossibility of providing service, if this is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the government, and in general all cases of force majeure or acts of God.
11. RESOLUTION OF DISPUTES. APPLICABLE LAW AND JURISDICTION
These General Conditions of Use, as well as the use of the Web Site, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of the registered address of the person responsible for the website.
In the event that any provision of these General Conditions of Use should be unenforceable or invalid under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or invalid as a whole. In such cases, the company will proceed to modify or replace such provision with one that is valid and enforceable and that, to the extent possible, achieves the objective and intent reflected in the original provision.