gojetmallorca.com

1. GENERAL INFORMATION

The ownership of this website www.gojetmallorca.com (hereinafter referred to as the Website) belongs to: Gojet Service SCP, with Tax ID Number: J16563447 and registered in the Mercantile Registry of Inca; and whose registration details are: and whose contact details are:

Address: Teodoro Canet 12, local 2
Contact phone: 669002719
Contact email: info@gojetmallorca.com

This document (as well as other documents mentioned here) regulates the terms and conditions governing the use of this Website (www.gojetmallorca.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it will be understood that the activity carried out by Gojet Mallorca through the Website includes:

Boat rentals, Jet Ski rentals, and guided tours with a monitor or skipper.

In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy, and the privacy and data protection policies of Gojet Mallorca. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and everything previously mentioned, and if they do not agree with all of it, they should not use this Website.

Furthermore, it is informed that these Conditions may be modified. The User is responsible for reviewing them every time they access, browse, and/or use the Website, as the applicable ones will be those in force at the time of requesting the acquisition of products and/or services.

For any questions that the User may have regarding the Conditions, they can contact the owner using the contact details provided above or, if applicable, using the contact form.

2. THE USER

Access, browsing, and use of the Website confers the status of user (hereinafter referred to, interchangeably, individually as User or jointly as Users), so all Conditions set forth here are accepted from the moment browsing begins on the Website, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.

The User assumes responsibility for the proper use of the Website. This responsibility will extend to:

– Using this Website only to make legally valid inquiries and purchases or acquisitions.
– Not making any false or fraudulent purchases. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities would be informed.
– Providing truthful and lawful contact information, for example, 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 Website is primarily aimed at Users residing in Spain. Gojet Mallorca does not ensure that the Website complies with the laws of other countries, either wholly or partially. Gojet Mallorca declines all liability that may arise from such access, as well as ensuring shipments or service provision outside Spain.

The User may formalize, at their choice, with Gojet Mallorca the contract of sale for the desired products and/or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Properly registered Users can buy on the Website by the means and forms established. They must follow the online purchase and/or acquisition procedure of www.gojetmallorca.com, during which various products and/or services can be selected and added to the cart, basket, or final purchase space, and finally click on: “Book”.

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, data can be modified.

Subsequently, the User will receive an email confirming that Gojet Mallorca has received their order or purchase request and/or provision of the service, that is, the order confirmation. And, where appropriate, they will be informed, likewise, by email when their purchase is being shipped.

Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User via email. Likewise, the User can, if they wish, obtain a copy of their invoice in paper form, requesting it from Gojet Mallorca 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 particular conditions of sale that concern the product and/or service in question and that are shown alongside the presentation or, where appropriate, image of this on its page on the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, product details, or characteristics, how they will be carried out, and/or cost of the services; and acknowledges that the completion of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

Communications, purchase orders, and payments that intervene during the transactions carried out on the Website could be archived and kept in the computerized records of Gojet Mallorca to constitute a means of proof of the transactions, in any case, respecting reasonable conditions of security and the laws and regulations in force that apply in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons concerning the processing of personal data and the free movement of these data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and to the rights that assist Users according to the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by Gojet Mallorca through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of services. If difficulties arise regarding the supply of products or no products remain in stock, Gojet Mallorca commits to contact the User and reimburse any amount that may have been paid as an amount. This will also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes unless otherwise required by law, especially concerning VAT, which is stated and applied separately.

However, and unless otherwise indicated, prices of the items offered exclude shipping costs, which may be incurred and will be added to the total amount due at the time of managing the shipping procedure by the User, where they will consult the available shipping methods and costs and freely choose the one that suits them best.

In no case will the Website automatically add additional costs to the price of a product or service, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted payment methods will be: Credit or debit card

Credit cards will be subject to checks and authorizations by the issuing bank, if the bank does not authorize the payment, Gojet Mallorca will not be responsible for any delay or failure to deliver and will not be able to formalize any contract with the User.

Once Gojet Mallorca receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge on the card will be made at the time the shipping confirmation and/or service confirmation is sent to the User in the form and, where appropriate, place established.

In any case, by clicking on “Book”, the User confirms that the payment method used is theirs.

6. TECHNICAL MEANS FOR ERROR CORRECTION

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 can modify it by contacting Gojet Mallorca through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information).

Likewise, such information could be corrected by the User through their personal connection space on the Website.

In any case, the User, before clicking on “Book”, 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 April 27, 2016, on the protection of natural persons concerning the processing of personal data and the free movement of these data (GDPR) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

7. RETRACTATION

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from said purchase 48 hours before the activity, without it being refundable if this period is exceeded.

This withdrawal period will expire 48 hours prior to the start of the contracted activity. Once this period has passed, it will not be possible to refund the amount paid or issue a reimbursement.

To exercise this right of withdrawal, the User must notify their decision to Gojet Mallorca. They may do so, where applicable, through the contact spaces provided on the Website.

The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form provided by Gojet Mallorca as part of these Conditions, though its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for the communication expressing the unequivocal decision to withdraw to be sent before the 48 hours prior to the start of the activity.

8. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Gojet Mallorca will not accept any liability for the following losses, regardless of their origin:

– Any losses that were not attributable to any breach on your part;
– Business losses (including lost profits, revenue, contracts, anticipated savings, data, 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 was formalized.

Likewise, Gojet Mallorca also limits its liability in the following cases:

– Gojet Mallorca applies all measures concerning providing a faithful display of the product on the Website, however, it is not responsible for minimal differences or inaccuracies that may exist due to a lack of screen resolution, or problems with the browser used or others of this kind.
– Gojet Mallorca will act with the utmost diligence to make available to the company responsible for transporting the product subject to the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and generally any other typical of the sector, which derive in delays, losses, or theft of the product.
– Technical failures that, due to fortuitous causes or otherwise, prevent the normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Gojet Mallorca puts all the means at its disposal for the purposes of carrying out the process of purchase, payment, and shipment/delivery of the products, however, it exempts itself from liability for causes that are not attributable to it, fortuitous event, or force majeure.
– Gojet Mallorca will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Gojet Mallorca 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, Gojet Mallorca will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, by way of example but not exhaustive:
– 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 other natural disasters.
– 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.

Thus, the obligations will be suspended during the period in which the cause of force majeure continues, and Gojet Mallorca will have an extension in the term to fulfill them for a period of time equal to that which lasts the cause of force majeure. Gojet Mallorca will put all reasonable means to find a solution that allows it to fulfill its obligations despite the cause of force majeure.

9. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with Gojet Mallorca 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 Gojet Mallorca sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with Gojet Mallorca through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Gojet Mallorca can contact and/or notify the User by email or at the postal address provided.

10. WAIVER

No waiver by Gojet Mallorca of a specific right or legal action or the lack of requirement by Gojet Mallorca of strict compliance by the User of any of its obligations will entail, nor a waiver of other rights or actions arising from a contract or the Conditions, nor will it exonerate the User from fulfilling their obligations.

No waiver by Gojet Mallorca to any of these Conditions or rights or actions arising from a contract will be effective unless expressly established that it is a waiver and is formalized and communicated to the User in writing.

11. NULLITY

If any of these Conditions are 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.

12. COMPLETE AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement between the User and Gojet Mallorca regarding the subject matter of the sale and replace any other pact, agreement, or promise previously agreed verbally or in writing by the same parties.

The User and Gojet Mallorca acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for those that are expressly mentioned in these Conditions.

13. DATA PROTECTION

The information or personal data that the User provides to Gojet Mallorca during a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (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 information or data provided is true.

14. APPLICABLE LAW AND JURISDICTION

Access, browsing, and/or use of this Website and the purchase contracts for products through it will be governed by Spanish legislation.

Any controversy, problem, or disagreement that arises or is related to access, navigation, and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Gojet Mallorca and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

15. COMPLAINTS AND CLAIMS

The User can submit to Gojet Mallorca their complaints, claims, or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information).

Additionally, Gojet Mallorca has official complaint forms available to consumers and users, which they can request from Gojet Mallorca at any time, using the contact details provided at the beginning of these Conditions (General Information).

Likewise, if the conclusion of this purchase contract between Gojet Mallorca and the User gives rise to a dispute, 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 May 21, 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/.

This document of General Purchase Conditions has been created using the template generator on terms and conditions online on June 13, 2022.