Terms & conditions

GENERAL INFORMATION

The ownership of this website Godewind Charter Sail & fun, (hereinafter Website), is held by Alicia Sandarrubia Llull, identified with DNI 41539797A, and whose contact details are:
Address: Puerto Deportivo, s/n, 07660 Cala d'Or, Balearic Islands
Contact telephone: +34 634 86 63 13
Contact email: godewindcharter@gmail.com
This document (as well as other documents mentioned herein) regulates the terms and conditions governing the use of this Website (Godewind Charter) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that https://godewindcharter.com carries out through the Website includes:
Rental of recreational boats and jet skis.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and General Conditions of Use, including the cookie policy, and the privacy and data protection policy of https://godewindcharter.com. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and all the aforementioned, so if you do not agree with all of this, you should not use this Website.
Additionally, it is reported that these Conditions could be modified. The User is responsible for consulting them each time they access, browse and/or use the Website as those that are in force at the time the acquisition of products and/or services is requested will be applicable.
For any questions the User may have in relation to the Conditions, you can contact the owner using the contact details provided above or, where appropriate, using the contact form.

THE USER

Access, browsing, and use of the Website confer the status of user (hereinafter referred to, indistinctly, individually as User or collectively as Users), so from the moment browsing the Website begins, all the Conditions set forth herein, as well as their subsequent modifications, are accepted, without prejudice to the application of the corresponding mandatory legal regulations as appropriate.
The User assumes their responsibility for proper use of the Website. This responsibility will extend to:
Using this Website only to make legally valid enquiries and purchases or acquisitions.
Not making any false or fraudulent purchases. If it can reasonably be considered that a purchase of this nature has been made, it could be cancelled and the relevant authorities would be informed.
Providing truthful and lawful contact details, e.g., email address, postal address, and/or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years old and to have the legal capacity to enter into contracts through this Website.
The User may formalise, at their choice, with https://godewindcharter.com the contract for the sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.

PURCHASE OR ACQUISITION PROCESS

Duly registered Users can purchase on the Website by the established means and forms. They must follow Godewind Charter's online purchase and/or acquisition procedure, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: "Pay".
Additionally, the User must fill in and/or check the information that is requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that https://godewindcharter.com has received their order or purchase request, i.e., the order confirmation. And, where appropriate, they will be informed, also via email, when their purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal connection space on the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where appropriate, through their personal connection space on the Website. Likewise, the User can, if they so wish, obtain a copy of their invoice in paper format, requesting it from https://godewindcharter.com using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain specific conditions of sale that concern the product and/or service in question and that are displayed next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example but not limited to, and depending on each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, way in which they will be carried out and/or cost of the benefits; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders, and payments involved during the transactions carried out on the Website could be archived and kept in the computerised records of https://godewindcharter.com in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that are applicable in this regard, and particularly attending to Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, and to the rights that assist Users in accordance with the privacy policy of this Website.

AVAILABILITY

All purchase orders received by https://godewindcharter.com through the Website are subject to the availability of the products and/or to no circumstance or force majeure (clause nine of these Conditions) affecting the supply of them and/or the provision of services. If difficulties arise in the supply of products or if there are no products in stock, https://godewindcharter.com undertakes to contact the User and refund any amount that may have been paid as an amount. This will also be applicable in cases where the provision of a service becomes unfeasible.

PRICES AND PAYMENT

The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless by legal requirement, especially in relation to VAT, a different issue is indicated and applied.
Under no circumstances will the Website add additional costs to the price of a product or a service automatically, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases regarding which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card
https://godewindcharter.com uses all means to ensure the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.
Credit cards will be subject to checks and authorisations by the issuing bank, if said entity does not authorise the payment, https://godewindcharter.com will not be responsible for any delay or lack of delivery and cannot formalise any contract with the User.
Once https://godewindcharter.com receives the purchase order from the User through the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the moment the shipping confirmation and/or confirmation of the service provided is sent to the User in the established manner and, where appropriate, place.
In any case, by clicking on "Pay" the User confirms that the payment method used is theirs.

TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they may modify them by contacting https://godewindcharter.com through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact the customer service, and/or using the contact details provided in clause one (General Information). Likewise, this information could also be corrected by the User through their personal connection space on the Website.
In any case, the User, before clicking on "Pay", has access to the space, cart, or basket where their purchase requests are noted and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.

DISCLAIMER OF LIABILITY

Unless otherwise provided by law, https://godewindcharter.com will not accept any liability for the following losses, regardless of their origin:
any losses not attributable to any breach on their part;
business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred); or
any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products between both parties was formalised.
Likewise, https://godewindcharter.com also limits its liability in the following cases:
https://godewindcharter.com applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due

 to lack of screen resolution, or problems with the browser used or others of this nature.
https://godewindcharter.com will act with the utmost diligence to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for causes such as strikes, road retentions, and in general any other typical of the sector, which result in delays, losses or theft of the product.
Technical failures that for fortuitous causes or of another nature, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. https://godewindcharter.com puts all the means at its disposal to carry out the process of purchase, payment and shipping/delivery of the products, however it is exempt from responsibility for causes that are not attributable to it, fortuitous event or force majeure.
https://godewindcharter.com will not be held responsible for the misuse and/or wear of the products that have been used by the User. At the same time, https://godewindcharter.com will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
In general, https://godewindcharter.com will not be responsible for any failure or delay in the fulfilment of any of the obligations assumed, when the same is due to events that are outside their reasonable control, i.e., due to force majeure, and this may include, but is not limited to:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of use of trains, ships, aircraft, motor transport or other means of transport, public or private.
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and https://godewindcharter.com will have an extension in the term to fulfil them for a period of time equal to the duration of the cause of force majeure. https://godewindcharter.com will put all reasonable means to find a solution that allows them to fulfil their obligations despite the cause of force majeure.

WRITTEN COMMUNICATIONS AND NOTICES

By using this Website, the User accepts that most communications with https://godewindcharter.com are electronic (email or notices published on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that https://godewindcharter.com sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognised by law to the User.
The User can send notifications and/or communicate with https://godewindcharter.com through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, https://godewindcharter.com can contact and/or notify the User in their email or at the postal address provided.

WAIVER

No waiver by https://godewindcharter.com of a specific legal right or action or the lack of requirement by https://godewindcharter.com for strict compliance by the User with any of their obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from the fulfilment of their obligations.
No waiver by https://godewindcharter.com of any of these Conditions or rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalised and communicated to the User in writing.

NULLITY

If any of these Conditions were declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by said declaration of nullity.

COMPLETE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between the User and https://godewindcharter.com in relation to the object of sale and replace any other prior pact, agreement or promise agreed verbally or in writing by the same parties.
The User and https://godewindcharter.com acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

DATA PROTECTION
The information or personal data that the User provides to https://godewindcharter.com in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy or data protection Policy (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website the User consents to the processing of such information and data and declares that all the information or data provided are truthful.

APPLICABLE LAW AND JURISDICTION

Access, browsing and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish law.
Any controversy, problem or disagreement that arises or is related to the access, browsing and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between https://godewindcharter.com and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

COMPLAINTS AND CLAIMS

The User can send https://godewindcharter.com their complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, https://godewindcharter.com has official complaint forms available to consumers and users, which they can request from https://godewindcharter.com at any time, using the contact details provided at the beginning of these Conditions (General Information).
Likewise, if from the conclusion of this purchase contract between https://godewindcharter.com and the User, a dispute arises, the User as a consumer can request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of 21 May 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.

Puerto Deportivo, s/n, 07660 Cala d'Or, Balearic Islands