General terms and conditions and terms of use

1.- PURPOSE AND SCOPE OF APPLICATION

1.1.- The purpose of these General Terms and Conditions of Purchase (hereinafter, the ‘CONDITIONS’) is to regulate the legal relationship arising from the online purchase of products or services through the website https://espacioexploraterra.org/ (hereinafter, the ‘WEBSITE’), which may be purchased by any user who complies with the terms established in these CONDITIONS.

1.2.- These CONDITIONS will be valid for an indefinite period of time and will be applicable to all purchases made via the WEBSITE.

1.3.- Any person making a purchase or acquiring a service via the WEBSITE (hereinafter referred to as the ‘CLIENT’) will be bound by the provisions of these CONDITIONS, and should therefore not place an order if they do not agree with any of the terms of these CONDITIONS. Likewise, the provisions of the Legal Notice and Privacy Policy published on the WEBSITE shall apply to the online purchase of products or services through the WEBSITE.

1.4.- The online purchase of products and contracting of services offered through this WEBSITE is available both to natural persons of legal age who are consumers or users, and to natural persons acting on their own behalf or on behalf of legal persons for purposes related to their business or professional activity. By accepting these CONDITIONS during the purchase process, the CLIENT declares and guarantees that he/she meets these requirements. During the purchase process, the CLIENT will be asked to indicate whether he/she is placing the order as a consumer, for personal or non-professional purposes, or for a purpose related to his/her business or professional activity.

The use of this Website to place orders is limited only to natural or legal persons who, in accordance with the applicable legislation, have or acquire the status of consumers or users in accordance with art. 3 of the General Law for the Defence of Consumers and Users; hereinafter, LGDCU. If you buy as a professional, the LGDCU will not apply to you, only what is indicated in art. 27 of the LSSICE.

1.5.- The CLIENT is solely responsible for the veracity of all data provided through the online forms on the WEBSITE.

1.6.- Orders through this WEBSITE may only be placed in Spanish and English, taking into account that in the event of discrepancy, the wording in Spanish shall prevail.

2.- IDENTIFICATION OF THE PROVIDER OF INFORMATION SOCIETY SERVICES AND SELLER OF PRODUCTS

2.1.- The owner of the WEBSITE that provides the service of online sale of products is the Nao Victoria Foundation (hereinafter, COMPANY or we), with Tax Identification Code: G91612507, whose address and contact details are as follows:

Postal address: Avenida de la Borbolla, 43, 41013 – Sevilla.
E-mail address: info@tallshipexperience.com
Telephone: +34 67895344

2.2.- COMPANY reserves the right to modify these CONDITIONS at any time, without this affecting purchases made through the WEBSITE prior to the modification. It is the responsibility of the CLIENT to check the current version of the CONDITIONS before placing an order.

2.3.- We reserve the right to deny and/or withdraw access to this WEBSITE, at any time and without prior notice, to those users who fail to comply with these CONDITIONS.

3.- DESCRIPTION OF THE PRODUCTS, GEOGRAPHICAL SCOPE AND AVAILABILITY

3.1.- The services offered for sale on this WEBSITE are those included in its menu at any given time, in accordance with the available description of their main characteristics, including

Cruises: Possibility of being part of the crew of historic boats through its trainees programme. Gastronomic and cultural experiences in the programmed voyages.

3.2.- The purchase of tickets for the voyages is limited to the ones informed at any given time on the website and with the dates defined on the website. There is no geographical limitation for their purchase, and they may be purchased from anywhere in the world.

3.3.- All ticket orders are subject to the availability of the same until the established seats and slots are filled. If there are no tickets available, for whatever reason, the WEBSITE will display the indication ‘out of stock’, ‘unavailable’ or similar. If, on the other hand, the WEBSITE does not inform of the unavailability of tickets, despite being out of stock, we will contact the CLIENT to inform him/her of this circumstance and offer him/her the possibility of changing dates or cancelling the order with a refund of the amount paid.

3.4.- We reserve the right to withdraw any legs from this WEBSITE at any time, as well as to modify and update our catalogue.

3.5.- The CLIENT must have sufficient legal capacity to contract and be of legal age. Passengers must be over 16 years of age and until they reach the age of 18 they must be accompanied by their parents or legal guardians on the legs.

4.- PROCEDURE FOR BOOKING JOURNEY

4.1.-To be able to buy in the section “JOURNEY”: By clicking on the button “SEE UPCOMING JORNEYS” or on Featured Legs, a new page will open where you can see the different legs on offer, filtering by boat, embarkation and disembarkation point.

4.2.- By clicking on the desired voyage you will have more information about embarkation and disembarkation, as well as a description of the voyage, the places to visit, the days and other conditions of each voyage.

4.3.-Once you have chosen the desired voyage, you must choose the number of tickets you wish to purchase and click on the “BOOK” button. A new page will open where you will be asked for personal data necessary to formalise the contract and you will be offered the possibility of voluntarily subscribing to our newsletter to be informed about upcoming trips, events and discounts.

4.4.- On your right you will see the summary of the purchase and you will have to include your credit or debit card details, read and accept these terms and conditions of purchase and finally click on “MAKE THE BOOKING”.

4.5.-Once the payment is completed, you will be sent a voluntary questionnaire, as a responsible declaration, to inform us of any health issues, food allergies, medical needs or physical limitations that are essential for the proper development of the activity on the boat and that in exceptional cases are limiting to develop these activities. We will proceed to review the booking to ensure that it meets the minimum requirements for boarding.

In any case we inform you that it is limiting and excluding to accept your reservation, not having complete self-mobility or having severe respiratory problems or heart problems. If you have any doubts, please contact us beforehand at our email info@tallshipexperience.com

The general recommendations will be for the rest of the cases:

Be in good general health, both physically and mentally.
Avoid the voyage if you have any type of contagious disease.
Not have any limitation of movement that prevents you from performing the tasks on board.
Know how to swim
Inform if you have any hearing or visual limitation that could hinder your tasks on the boat
You must inform us in advance if you have any food intolerance or allergy to take this into account during the legs.

We also recommend:

If you are taking any medication, you should always take into account the possibility that the trip may be extended due to unforeseen circumstances, so we advise you to take medication for more days than the duration of the legs.
Any other issue that could affect you during the leg or that could affect the crew or the rest of the passengers.

5.- DELIVERY

5.1.- As described in the purchase process, the delivery of the tickets will be made to your email address once the purchase process is completed.

5.2.- In the purchase of tickets, you will receive them immediately in your email address as an attached document to the email that we will send you at the end of your purchase.

6.- TRANSFER OF RISK AND OWNERSHIP OF THE GOODS

6.1.- The risks associated with the goods will be borne by the CUSTOMER from the moment of delivery or, if this is not possible for reasons attributable to the CUSTOMER, from the moment of their availability to the CUSTOMER on the basis of the agreed means of delivery.

6.2.- The CUSTOMER will acquire ownership of the tickets when we receive full payment of all amounts due in relation to the same or at the time of delivery if this takes place at a later time.

7.- PRICE AND PAYMENT

7.1.- Except in the case of obvious error, the prices applicable to each type of ticket are those indicated on the WEBSITE on the date of the order, including the applicable VAT in force at any given time. Although we endeavour to ensure that all prices shown on the WEBSITE are correct, errors may occur. If we discover an error in the price of any of the ticket types you have ordered, we will inform you as soon as possible and give you the option of reconfirming your Order at the correct price, or cancelling it. If we are unable to contact you, the order will be considered cancelled and you will be fully reimbursed for any amounts paid.

7.2.- The taxes applicable to the ticket are broken down during the booking process just below the price marked in the tariff for each type of ticket.

7.3.- We reserve the right to modify the prices of the sailings, but possible changes will not affect orders for which we have sent an ORDER CONFIRMATION.

7.4.- The CLIENT may make the payment by any of the methods enabled on the website at any time, currently:

Credit or debit card through the Stripe platform.
Bank transfer in the event of problems with payment on the web using the previous method, for which you should contact TALL SHIP EXPERIENCE by email at info@tallshipexperience.com to request payment by bank transfer. They will provide you with a bank account number and ask you to fill in a form with your details. In this email you will have to identify the name and first surname of the person who is going to make the legs and the port of origin.

7.5.- In order to enter the details of a credit or debit card, the CLIENT must be its legitimate holder and have the right to use it. The CLIENT is responsible for ensuring that all the data provided is correct.

7.6.- The WEBSITE uses the secure communication protocol https and has a valid security certificate, guaranteeing the secure transmission of the information by means of its encryption. The COMPANY will not have the financial data of the CLIENT.

7.7.- Given the diversity of the trips, different methods of payment or different days in advance may be required in order to make the reservation according to the demand and occupation in that activity.

7.8.- The User who makes a purchase and wishes to receive an invoice must request it by e-mail to the address info@tallshipexperience.com. Indicating whether he/she wishes to receive it on paper or in PDF format. This service will not entail any additional cost for the User.

7.9.- For the boats Santa María Manuela, Florette, Artemis, Atlantis, Antigua, Oosterchelde, Alexander von Humboldt II and Thalassa you will have to request the invoice directly from the shipowner. TALL SHIP EXPERIENCE works as an INTERMEDIARY and not as a travel agency.

8.- RIGHT OF WITHDRAWAL AND CANCELLATIONS

8.1.- In accordance with current legislation, the right of withdrawal does not apply in the following cases:

Services related to leisure activities, if the contracts provide for a specific date or period of performance (tickets for legs) in accordance with the provisions of Article 103.LCU.

Therefore, once the tickets have been purchased, there is no right of withdrawal, however, some of the vessels offer in their specific terms and conditions this right of withdrawal:

8.2.-Cancellation of the booking for PASCUAL FLORES, GALEÓN ANDALUCÍA, NAO SANTA MARÍA AND NAO VICTORIA

Withdrawal: you may withdraw from the contract within 1 month of its conclusion. This cancellation is free and does not entail any penalty, and must be communicated as soon as possible by email using the model provided at the end of the document or similar. The date of the client’s first email will be taken as the date of cancellation.

The cancellation of the booking of the different activities offered will be subject to this policy and general terms and conditions and to the particular conditions that may be established at the time of payment. In general, TALL SHIP EXPERIENCE allows cancellation without any cost for the Client;

100% in case of cancellation up to 1 month before the beginning of the cruise.
50% in case of cancellation up to 15 days before the start of the cruise
25% in case of cancellation up to 7 days before the start of the cruise
10% in case of cancellation up to 5 days before the cruise begins
00% in case of cancellation 48h before the start of the cruise

Refund of the money: the refund of the money will be immediate and by the same method of payment in a period of 72 hours will begin the process of refund being effective in 1 or 2 working days after the process, depending on the bank of the client.

If any activity has a particular cancellation policy, this will be reflected in the offer, during the booking process and in the voucher or coupon of the booking.

TALL SHIP EXPERIENCE may cancel or modify the booking at any time due to force majeure (delay in departure due to adverse weather conditions or similar) and always thinking of the safety of the users, automatically refunding the amount paid or offering another experience of similar characteristics without the User being able to claim any other additional amount (taxi, travel to the pick-up point or point where the activity takes place). In these cases, TALL SHIP EXPERIENCE will notify the user as soon as possible through the means of contact indicated in the booking. It is the responsibility of the user to be reachable through these means.

In the event that the cruise has to be cancelled or interrupted for any important reason, e.g. due to engine/ship breakdown or force majeure, the applicant shall be reimbursed the price of the cruise. If, for compelling nautical and naval reasons, it is not possible to arrive at the port of departure or port of arrival on the scheduled date, the traveller shall not be entitled to compensation for any additional expenses incurred in connection with the arrival or departure as a result. It is recommended to take out leisure accident insurance as well as baggage insurance and travel cancellation insurance covering the risk of interruption of the trip.

If for any health or similar reason the person making the booking is unable to carry out their experience, they may transfer their place up to 72 hours in advance to another person, as long as they meet the minimum health requirements for sailing.

You can change your booking up to 15 days in advance for another of equal or higher value up to 15 days before departure, bearing in mind that this second booking cannot be refunded under any circumstances.

8.3.- Specific policies for contracting, cancellation, withdrawal, cancellation and change of the different legs per vessel: BOOKING TERMS AND CONDITIONS ANTIGUA, ARTEMIS AND ATLANTIS

The Antigua, Artemis and Atlantis have comfortable cabins with shower and toilet, central heating, ventilation and 220V sockets. The cabins are cosy and have space to store your belongings. The beds are made up on arrival.

Payment must be made within 14 days of receipt of the invoice, or in any case on the date of commencement of the cruise, at the operator’s office or by transfer to a bank account specified by the operator.

If the customer wishes to terminate the contract, he must inform the operator as soon as possible in writing or electronically. The date of receipt by the operator shall be deemed to be the date of termination:

85% in case of cancellation up to 6 months before the start of the cruise.
80% in case of cancellation up to 5 months before the beginning of the cruise
70% in case of cancellation up to 4 months before the start of the cruise
60% in case of cancellation up to 3 months before the start of the cruise
50% in case of cancellation up to 2 months before the cruise begins
25% in case of cancellation up to 1 month before the beginning of the cruise
10% in case of cancellation up to 1 day before the cruise begins
00% in case of cancellation on the day the cruise starts

The customer may request the operator’s consent for a third party to take his place, up to 7 days before departure. The person replacing the customer must comply with all the conditions associated with the contract. The client and the person replacing him/her shall be jointly and severally liable for the payment of the amount still due for the cruise, the amendment fee of €50.00 and any additional costs.

The operator may cancel the contract within the period indicated in the offer if the number of reservations for the cruise is less than the minimum number of participants required, which was made known to the customer prior to booking. In the aforementioned cases, the operator will reimburse the customer for all amounts already paid for the cruise, without being liable for the payment of compensation.

SANTA MARIA MANUELA BOOKING TERMS AND CONDITIONS

In the event of cancellation of the trip, the client must inform us as soon as possible by email. The valid date for cancellation of the contract is the date of receipt of the email by Tall Ship Experience.
The cancellation of the contract by the client requires the payment of a fixed amount to the carrier, in the following terms:

Indemnity – ship:

85% in case of cancellation up to 6 months prior to departure.
80% in case of cancellation up to 5 months prior to departure
70% in the event of cancellation 4 months before departure
60% in case of cancellation 3 months prior to departure
50% in case of cancellation 2 months before departure
25% in case of cancellation 1 month prior to departure
10% in case of cancellation 1 day prior to departure
00% in case of cancellation on the day of departure

In case of cancellation more than 6 months before departure the full amount of your trip will be refunded.

TERMS AND CONDITIONS OF BOOKING ALEXANDER VON HUMBOLDT II

One of the aims of the Alexander von Humboldt II is to give young people the opportunity to learn traditional sailing under the guidance of experts, to be part of a team, to show consideration for others under demanding conditions and to practice self-discipline.

With the signed and fully completed application form (in writing or as an online booking), the applicant offers the Alexander von Humboldt II a binding contract for participation in the sailing trip. If changes have occurred since the confirmation of the trip and these make participation in the trip impossible and lead to a declaration of withdrawal by the traveller(s), the traveller(s) is/are entitled to a refund of the paid trip price.

In connection with the binding booking of the cruise, the Alexander von Humboldt II may charge an additional service fee for the pro rata compensation of port, pilotage and canal fees, which will be published in the respective valid sailing programme and which will be paid together with the cruise price. If other additional services are offered, published and booked in the respective sailing schedule, these shall also be payable together with the cruise price.

The applicant may withdraw from the multi-day trip at any time before the start of the trip. For reasons of proof, it is recommended to declare the withdrawal in writing. If the applicant withdraws or does not start the multi-day cruise, the Alexander von Humboldt II loses the right to the cruise price and additional services.

Cancellation up to 45 days before the start of the cruise 25% of the cruise fare
From 44 to 21 days before the start of the cruise, 50% of the cruise price
From 20 to 8 days before the start of the cruise 75% of the cruise price
90% of the cruise price in case of cancellation from the 7th day before the start of the cruise or in case of no-show.

On boarding, the participant becomes part of the crew as a trainee. He/she undertakes to take part in the work on board, such as navigational manoeuvres, sea and port watch, helmsman, lookout, forecastle and cleaning of the boat, and to comply with the safety rules on board.

With his binding registration, the applicant assures that he is physically, organically and mentally fit, that he is not addicted to drugs or pills and that he does not suffer from any infectious or convulsive diseases. He further assures that he is capable of participating in the work required for navigation, watchkeeping and ship handling during multi-day cruises on the high seas within his capabilities. Lack of hearing or colour discrimination should be reported to the captain before the start of the voyage. Visual defects must be compensated for with visual aids (glasses/contact lenses).

In the event that the cruise has to be cancelled or interrupted for any important reason, e.g. engine/ship breakdown or force majeure, the applicant will be reimbursed the price of the cruise. If, taking into account the special circumstances of sailing trips mentioned in the introductory remarks, it is not possible to reach the port of departure or the port of arrival on the scheduled date for compelling nautical and naval reasons, the co-traveller shall not be entitled to compensation for any additional costs incurred in connection with the arrival or departure as a result. It is recommended to take out leisure accident insurance and travel medical insurance as well as luggage insurance and travel cancellation insurance covering the risk of interruption of the trip.

THALASSA BOOKING TERMS AND CONDITIONS

Payment must be made within 14 days of receipt of the invoice or, in any case, on the date of commencement of the cruise. Once the 14-day period has elapsed, the operator is authorised, without the need to issue a new request for payment, to proceed with the collection of the total amount due. In the event that the operator proceeds to collection, the associated extrajudicial costs shall be borne by the customer, according to reasonableness criteria.

If the customer wishes to terminate the contract, he shall inform the operator as soon as possible in writing or by electronic means. The date of receipt by the operator shall be deemed to be the date of cancellation.

In the event of cancellation, the customer shall owe the operator a fixed compensation payment as a percentage of the agreed price, namely

15% in case of cancellation up to 6 months before the start of the cruise;
20% in case of cancellation up to 5 months before the start of the cruise;
30% in case of cancellation up to 4 months before the start of the cruise;
40% in case of cancellation up to 3 months before the start of the cruise;
50% in case of cancellation up to 2 months before the start of the cruise;
70% in case of cancellation up to 1 month before the start of the cruise;
90% in case of cancellation up to 1 day before the cruise;
90% in case of cancellation up to 1 day before the start of the cruise;
100% in case of cancellation on the day of departure.

The operator may cancel the contract within the period stated in the offer if the number of bookings for the cruise is less than the minimum number of participants required.

The luggage of the customer and his guests must be of such dimensions and stowed in such a way that it does not cause obstruction. Luggage allowance consists of the usual portable items necessary for the personal use of the client and/or guest, not including food and/or drink, which a client and/or guest can easily carry with them at any given time; packed in suitcases, bags, duffel bags and/or rucksacks.

If the Captain considers that, given the weather conditions, combined or not with the nature of the vessel and the group of passengers, he is not responsible for continuing with the cruise, this will also be considered force majeure.

TERMS AND CONDITIONS OF BOOKING OOSTERSCHELDE

Payment must be made within 14 days of receipt of the invoice or, in any event, on the date of commencement of the sailing trip, at the operator’s office or by transfer to a bank account to be specified by the operator.

If the customer wishes to terminate the contract, he must inform the operator as soon as possible in writing or by electronic means. The date of receipt by the operator shall be deemed to be the date of cancellation. In the event of cancellation, the customer shall owe the operator a fixed compensation payment, based on a percentage of the agreed price, as follows:

20% in case of cancellation up to 6 months prior to the start of the trip
40% in case of cancellation from 6 to 4 months before the start of the trip
60% in case of cancellation 4 to 2 months before the start of the trip
80% in case of cancellation between 2 months and 1 month before the beginning of the trip
90% in case of cancellation between 1 month and 1 week before the start of the trip
100% in case of cancellation 1 week or less before the start of the journey

The customer may request the operator’s consent for a third party to take his place, up to 7 days before departure. The person replacing the client must comply with all the conditions associated with the contract. The client and the person replacing him/her shall be jointly and severally liable for the payment of the outstanding amount of the sailing trip, the amendment fee of 50.00 euros and any additional costs.

The operator may cancel the contract if he is unable to execute the contract as a result of exceptional and unavoidable circumstances and the operator informs the customer immediately and before the sailing trip starts. The operator and/or the skipper are entitled to change the sailing trip at any time for nautical and/or (expected) meteorological reasons. This includes changing the place of departure and/or arrival and the temporary suspension of the sailing trip. Nautical and/or meteorological reasons are understood to mean, among others, weather conditions, tide, obstruction of waterways/navigational lanes and the condition of the vessel.

If, due to exceptional and unavoidable circumstances, the return transport of the client and/or guests cannot be provided as agreed in the contract, the cost of the necessary accommodation, which shall not exceed three overnight stays per client/guest, shall be borne by the Oosterschelde.

The client and his guests must follow the instructions of the operator and/or the captain and/or other crew members at all times. This applies especially to rules and instructions important for order and safety. The luggage of the client and his guests must be of such dimensions and stowed in such a way that it does not cause obstruction.

In the event that one of the parties breaches the obligations arising from the contract, the other party shall be entitled to suspend its corresponding obligation or to dissolve the contract, unless the breach does not justify suspension or dissolution. Force majeure is understood to be any unforeseen circumstance that delays or prevents performance of the contract, insofar as this circumstance cannot be avoided by the operator and cannot be attributed by law, or by virtue of the contract or social conventions. Force majeure also includes damage to the vessel that prevents it from being used for the agreed purpose. The operator shall take the necessary measures to ensure that in the event that, for reasons of monetary incapacity, the operator does not or can no longer fulfil his obligations towards the customer, these are transferred to a third party or the price of the sailing trip is refunded or, if the sailing trip has been partially fulfilled, a proportional part of the price is refunded.

Complaints regarding the execution of the contract should be made during the sailing trip as soon as possible, so that a solution can be sought. If this does not lead to a satisfactory outcome, or if the problem giving rise to the complaint is only discovered after the sailing trip, the complaint must be submitted to the operator in writing or by e-mail, clearly described and explained. If the customer does not submit the complaint in time, he may lose his rights in this respect.

FLORETTE BOOKING TERMS AND CONDITIONS

The owner reserves the right to change prices at any time prior to receipt of the Booking Form. However, once the booking confirmation has been issued, the price of the trip will not be increased unless the owner and/or agent are required by law to charge a government tax or levy introduced or amended after the booking has been made. This does not apply to errors or omissions on the invoice.
A minimum of 10 people is required to make any trip, which we know is possible for this boat given the lead time and good tracking it has. However, the ship reserves the right to cancel the trip up to 60 days prior to departure if this minimum number is not reached.
Those over 70 years of age will have to present a letter of good health from their doctor.
Due to weather conditions the owner and agent cannot guarantee the itinerary of the voyage, including ports of departure, ports of call and ports of arrival and no compensation can be paid for changes to the itinerary.
All changes or cancellations must be notified by the lead traveller identified on the booking form.
Either client may transfer their place to another person subject to at least 7 days notice, payment of a €50 administration fee and the completion and approval of a booking form and medical questionnaire.

CHANGES/CANCELLATION OF BOOKINGS

75% in case of cancellation 60 days or more prior to departure
25% in case of cancellation between 59 and 30 days before departure
0% in case of cancellation 29 days or less prior to departure

100% OF THE TRIP WILL NEVER BE REFUNDED ONCE A PLACE HAS BEEN BOOKED.

8.2 CHANGES (commercial guarantee) only for PASCUAL FLORES, GALEON ANDALUCIA, NAO SANTA MARIA AND NAO VICTORIA

Changes to tickets may be made for other legs or dates provided that they are made at least 72 hours prior to boarding and provided that there are places available for the other legs.

For this modification you can contact the TALL SHIP EXPERIENCE activity provider at the following email address info@tallshipexperience.com

If the activity is affected by climatic circumstances (rain, state of alert, sea conditions and rescue directives, maritime captaincy, …) as well as social circumstances (demonstrations, strikes, public holidays, …) in general causes of force majeure and beyond our control, TALL SHIP EXPERIENCE may modify the content of the reservations when, due to this type of unforeseeable circumstances, the activities can be carried out in the same way as stated in the online booking offer. In such a case, the suppliers will try to provide the service in the best possible way, substituting the services that cannot be enjoyed by others of similar purpose and cost or refunding the full amount.

TALL SHIP EXPERIENCE may cancel or modify the booking at any time due to force majeure (delay in departure due to adverse weather conditions or similar) and always thinking of the safety of the users, automatically refunding the amount paid or offering another experience of similar characteristics without the user being able to claim any other additional amount (taxi, travel to the pick-up point or point where the activity takes place). In these cases, TALL SHIP EXPERIENCE will notify the user as soon as possible through the means of contact indicated in the booking. It is the responsibility of the user to be reachable through these means.

In case the cruise has to be cancelled or interrupted for any important reason, e.g. engine/ship breakdown or force majeure, the price of the cruise will be refunded to the applicant. If, due to compelling nautical and naval reasons, it is not possible to arrive at the port of departure or port of arrival on the scheduled date, the traveller shall not be entitled to compensation for any additional expenses incurred in connection with the arrival or departure as a result. It is recommended to take out leisure accident insurance as well as baggage insurance and travel cancellation insurance covering the risk of interruption of the trip.

If for any reason of health or similar, the person making the reservation is unable to carry out the experience, he/she may transfer his/her place up to 72 hours in advance to another person, as long as he/she meets the minimum health requirements for sailing.

If the activity is delayed due to technical circumstances of the boat (mechanical problems, engines, spare parts, etc.) and the departure is delayed, TALL SHIP EXPERIENCE will allow you to stay on the boat for 48 hours more than the time agreed in the contract at no extra cost. In case of cancellation for this reason, 100% of the cost of the activity will be refunded.

9.- MANAGEMENT OF CLAIMS

9.1.- The CLIENT may send us any complaints or claims through our email address info@tallshipexperience.com We will try to respond to such complaints or claims as quickly as possible.

9.2.- We also inform the CUSTOMER who meets the condition of consumer or user that, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, has the right to request an out-of-court resolution of consumer disputes, being able to access this method through the website: EU Online Dispute Resolution

10.- PROTECTION OF PERSONAL DATA

COMPANY, as data controller, will process the data provided by the CUSTOMER during the process of online purchase of products in order to carry out the administrative and economic management of the purchase, including billing, collection and operations related to its execution, as well as for the management of the customer account. You can consult more information on the processing of personal data in our privacy policy.

11.- APPLICABLE LAW AND JURISDICTION

11.1.- The relationship between the COMPANY and the CLIENT arising from the placing of orders through this WEBSITE shall be governed by Spanish legislation.

11.2.- The parties submit, at their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the competent Courts and Tribunals of the CLIENT’s domicile, provided that the CLIENT acts as a consumer or user. Otherwise, submission shall be to the Courts and Tribunals of the city of Seville.

Consumers may also submit their claims through the online dispute resolution platform created by Regulation (EU) 524/2013, available at the following link: EU Online Dispute Resolution.

LIMITATION OF LIABILITY

TALL SHIP EXPERIENCE asks you voluntarily to make a responsible declaration about your state of health by means of a questionnaire that you will receive at the end of this booking for any of the legs we offer. It is the sole responsibility of the CLIENT to answer it truthfully for his/her own safety, that of the rest of the passengers and crew, and any omission or falsehood in the same will mean assuming the responsibilities in which he/she may incur.

TALL SHIP EXPERIENCE may cancel your booking if you do not comply with the minimum requirements for boarding (see section 4.5).

If the CLIENT is late for boarding, he/she will not be entitled to any refund of the amounts previously paid nor of the possible expenses incurred.

TALL SHIP EXPERIENCE is not responsible for weather conditions or any other circumstances of force majeure that cannot be foreseen or avoided and that could affect the normal development of the contracted activity.

TALL SHIP EXPERIENCE is not responsible for the loss of personal belongings of the users during the trips.

TALL SHIP EXPERIENCE shall not be liable for any damages suffered by the Users in the different activities when they have acted in a reckless manner, without due diligence, as well as disobeying the instructions and guidelines determined by the crew of such voyage.

Likewise, in the case of adventure activities, the Users accept under their own responsibility when contracting these activities the possible risks that they and the minors in their custody may incur in carrying them out.

PASCUAL FLORES, GALEÓN ANDLAUCÍA, NAO SANTA MARÍA Y NAO VICTORIA have taken out accident insurance for each activity contracted and their liability is therefore covered within the legal conditions of these contracts. Please confirm with the ship if they have associated accident insurance.

If for reasons of force majeure (including, but not limited to, social, political or economic unrest, strikes or any other type of instability affecting the security of citizens in general or of the User in particular), there should be deficiencies in the reservations, confirmations and/or execution of any of the services contracted through TALL SHIP EXPERIENCE, and due to situations which cannot be foreseen or avoided by TALL SHIP EXPERIENCE or even if the fulfilment of some of the agreed services were impossible, TALL SHIP EXPERIENCE and/or the companies collaborating with TALL SHIP EXPERIENCE are excluded from any obligation of indemnity, according to the legal dispositions in force.

Model withdrawal form

(You should only complete and send this form if you wish to withdraw from the contract, in cases where the boat chosen for the voyage provides for it, as it is a non-mandatory right in leisure activities, if the contracts provide for a specific date or period of performance (tickets for voyages) in accordance with the provisions of Article 103.LCU).

To the attention of: Nao Victoria Foundation

Postal address: Avenida de la Borbolla, 43, 41013 – Seville
E-mail: shop@fundacionnaovictoria.org or info@fundacionnaovictoria.org

I hereby inform you that I withdraw from our contract of sale for the following voyage:

Embarcación__________________ Fechas_______________

Order placed on date __________

Customer’s name: ______________

Customer’s address: ___________________________________________________________.

Customer Signature: __________________ [only if this form is submitted on paper].

Date: _______