Ownership of the website, definition and terms

In compliance with the duty of information contained in Article 10 of la Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico, the following data is reflected below:

The proprietor and owner of the website (grancanariabyboat.com) is the company Mogan Sailing Tours SL (hereinafter Keeper Uno), domiciled in Calle las Casillas, 23, 35149 Mogán, Las Palmas, Spain, registered in the Registry Mercantile of Las Palmas de Gran Canaria, in volume 2171, folio 1, section 8, registration sheet GC 52993, inscription 1ª, with CIF nºB76292978, and telephone +34 696 585 858.

The use of the website implies the express and full acceptance of these general conditions in the version published at the moment in which the user accesses it, without prejudice to the particular conditions that may apply to some of the specific services of the website. In your case, the use of such services will mean the acceptance of the particular conditions that are applicable to them.

Integrity of the website

This Website is offered for free, “when possible” and “as is”. We reserve the right to restrict, suspend or cancel, without prior notice and at any time, access to this Website, a part of it or any specific functionality incorporated in the page. Likewise, we reserve the right to freely withdraw any content hosted on it.

Users

Access and / or use of the website grancanariabyboat.com attributes the condition of USER, who accepts, from said access and / or use, the General Conditions of Use listed here. The aforementioned conditions will apply regardless of the General Conditions of Contract that in their case are mandatory.

Intellectual Property Policy

The text, images, sounds, animations, software and other content included in www.grancanariabyboat.com are property of Mogan Sailing Tours SL or its owners. Any transmission, distribution, transfer, reproduction, storage or total public total or partial communication, must have the express consent of Keeper Uno.

All rights reserved. By virtue of the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making them available, of all or part of the articles is expressly prohibited. The USER undertakes to respect the Intellectual and Industrial Property rights owned by Keeper Uno. You can view the elements of the different websites and even print them, copy them and store them on your computer’s hard drive or on any other physical medium, as long as it is solely and exclusively for your personal and private use. The USER must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the pages of grancanariabyboat.com.

Exclusion of guarantees and responsibility

Keeper Uno is not responsible, in any case, for damages of any kind that may cause, by way of example: errors or omissions in the content, lack of availability of the portal or transmission of viruses or malicious or harmful programs in the contents, despite having adopted all the necessary technological measures to avoid it.

Modifications

Keeper Uno reserves the right to carry out without prior notice the modifications it deems appropriate in its websites, being able to change, delete or add both the contents and services provided through it and the way in which they appear presented or located on your website.

Links

In the event that the websites provide links or hyperlinks to other Internet sites, Keeper Uno will not exercise any type of control over said sites and contents.

In no case Keeper Uno will assume any responsibility for the contents of any link belonging to a third party website, nor will it guarantee the technical availability, quality, reliability, accuracy, amplitude, veracity, validity and constitutionality of any material or information contained in any of said hyperlinks or other Internet sites.

Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.

Right of exclusion

Keeper Uno reserves the right to deny or withdraw access to its website and / or the services offered without prior notice, on its own or by a third party, to those users who fail to comply with these General Conditions of Use.

Generalities

Keeper Uno pursue the breach of these conditions and any misuse of their websites exercising all civil and criminal actions that may correspond by law.

Modification of the present conditions and duration

Keeper Uno will be able to modify at any time the conditions determined here, being duly published as they appear here.

The validity of the aforementioned conditions will be based on their exposure and will be in force until they are modified by others duly published.

Applicable legislation and jurisdiction

The relationship between Keeper Uno and the USER will be governed by current Spanish regulations and any dispute will be submitted to the Courts and Tribunals of the city of Las Palmas, Gran Canaria.

1. The Responsible for the processing of your data is:

2. Purpose

2.1 The purposes of the processing of your personal data are:

– Comply with the duty of information and obtaining the consents required by the new European regulations for the protection of personal data.

– Respond to requests for information, budgets, projects, questions or comments about our services from the different points of contact with the site yellowboatmogan.com and subdomains that are contact form, email, telephone.

– In case of contracting services with Keeper Uno:

Inform the client about the use of the service, management of the same, warnings of improvements, notification of incidents, answer of queries and incidents, warnings of any kind related to the service.

Quality surveys, complaints, suggestions.

Due to operational requirements, administrative and documentary management, budgets, delivery notes, invoices (all this to comply with the obligations established in current legislation, particularly in commercial and fiscal matters).

Inform or advise the customer of the cancellation or variation in the contracted services, either via telephone, via sms and email.

– Sending newsletters (optional) with the following contents: commercial announcements of our services, promotions, offers or services, free content, publications of our blog on topics related to our activity, etc … In any case, the authorization to process your data to this end it is voluntary and your refusal would only result in the fact that you would not receive more email from the contents described in this point. In each email that you receive of this type you will have a link to manage the withdrawal permanently.

– The use of cookies on our web pages have the sole purpose indicated.

– In case of candidates for future jobs with the submission of their curriculum, these data are used for the selection process in progress and future selection processes.

2.2 What data do we deal with?

Within the framework of the provision of services offered by the entity and conditioned on the purposes agreed by you, our entity will only treat the data strictly necessary for the proper management of the contractual relationship and / or provision of services, and will be exclusively what you have given us.

2.3 We will keep your data:

The personal data that you provide will be kept while the contractual / mercantile relationship is in force, or for a period of four years from the last business relationship following the regulations for tax purposes.

However, our entity will continue to keep your information for the sending of commercial communications that we consider to be of interest, as long as its deletion is not requested by the interested party.

You can always exercise the rights recognized by the current regulations by contacting through the way that is most comfortable.

3. Legitimation of the treatment

The legal basis for the treatment of your data is the execution of the service contract necessary for the conduct of the transaction or this legitimation is granted by your express consent as your own and principal interested.

4. Addressee

The employees of Keeper Uno themselves in the performance of their duties.

The judicial or administrative bodies, as well as the State Security Forces and Corps, in the event that Arsys was required in accordance with current legislation to provide information related to its clients and its services.

Your data will not be communicated to any third party, except legal obligations in force. In any case that this possibility changes, you will be duly informed requesting your consent for said assignment. We inform you that there will be no international transfers either.

However, based on the legitimate and necessary interest for our activity, it is possible that some of our services require tasks that will be carried out by external suppliers, such as logistics companies, email marketing, etc.

These services provided by third parties are necessary for the development of our activity and, at all times, the processing of the data they carry out is governed by a contract that links the person in charge with respect to our entity. In no case will they use the information for other purposes and will treat it in accordance with the guidelines stipulated by our entity, in accordance with its privacy policy and current regulations on data protection.

Our entity, in its commitment to the privacy and protection of data of the User, will choose only service providers that offer sufficient guarantees to apply appropriate technical and organizational measures, so that the treatment is in accordance with the applicable legislation on data protection and guarantee the protection of the User’s rights.

5. Rights

Regarding the rights that you consider as interested, the European Data Protection Regulation (RGPD), you can exercise the following rights:

– Right to request access to your personal data contained in our files. The interested party will have the right to obtain from the data controller the confirmation of whether or not the data concerning him or her are being processed, as well as detailed information about certain aspects of the treatment that is being carried out.

– Right to request the correction of inaccurate data. The interested party will have the right to obtain the rectification of the inaccurate personal data that concerns him or to complete those that were incomplete.

– Right to request the limitation of treatment in the cases established by the RGPD, in which case, we will only keep them for the exercise or defense of claims.

– Right to object to the processing of data. In certain circumstances and for reasons related to their particular situation, the interested parties may object to the processing of their data. The entity will stop processing the data, except for legitimate, imperious reasons, or the exercise or defense of possible claims.

– Right to data portability. That is, you will have the right to receive the personal data that you have, that you have provided to a data controller, in a structured format, for common use and mechanical reading and to transmit them to another data controller.

– To exercise your rights, you must send your request to our entity, attaching to it a copy of your ID, passport or other equivalent document proving your identity and, where appropriate, the person who represents you, through the following media:

Email: [email protected]

Post Address: Calle las Casillas, 23, 35149 Mogán, Las Palmas, España.

Also, at any time you may withdraw the consent provided without affecting the legality of the treatment by sending your request by the means indicated above, accompanying your request a copy of your ID or equivalent document proving your identity.

You can exercise the aforementioned rights, by contacting the person in charge. For this, you can use the contact information provided at the beginning of this document. If you wish to obtain additional information regarding the exercise of your rights, you can also contact the Spanish Data Protection Agency.

We also inform you that, if you believe it appropriate, you have the right to withdraw, at any time, the consent granted for a specific purpose, without affecting the legality of the treatment, based on the prior consent to its withdrawal. If you understand that your rights have not been adequately addressed, you may submit a claim to the Agencia Española de Protección de Datos. Calle Jorge Juan, 6, 28001 Madrid. www.agpd.es

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6. Guarantee of Confidentiality and Security of automated files

Keeper Uno in response to the trust placed in us and taking into account the importance in terms of protection and confidentiality that your personal data require, informs you that it has adopted all the necessary technical and organizational measures to safeguard the security thereof as required by Royal Decree 1720/2007 that regulates the regulation of security measures for automated files that contain personal data. Nevertheless, the user must be aware that security measures on the Internet are not impregnable.

Keeper Uno can modify these privacy policies to adapt them to the legislative measures or jurisprudence on personal data that are appearing, so it requires reading, each time you provide us with your data through this website.

In compliance with the duty of information contained in article 10 of  Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico, in its  Real Decreto-ley 13/2012, de 30 de marzo, the user is informed that our website www.grancanariabyboat.com (the “Website”) uses technology known as cookies in order to capture information regarding the use made of the Website.

We inform you that we use cookies in order to facilitate your browsing on our Website, to identify you from other users, provide you with a better experience in its use, or to identify problems in order to improve our Website.

What are cookies?

A cookie is a file that is downloaded onto your computer in order to store data that can be updated and recovered by the entity responsible for its installation. The information gathered using the cookies may include the date and time of visits to the Website, the products consulted, pages visited, time spent on our Website and the websites visited immediately before and after. By using this information we can focus and adjust the services in the most effective manner in order to provide you with a better experience as a user.

Cookies are useful for several reasons. From a technical point of view, they allow web pages to work more agile and adapted to their preferences, such as storing their language or the currency of their country. In addition, they help those responsible for the websites to improve the services they offer, thanks to the statistical information they collect through them. Finally, they serve to make more efficient the advertising that we show you, thanks to which we can offer you services for free.

Types and purposes of cookies

Cookies can be classified into a variety of categories depending on their characteristics. Our Website uses the cookies that are described as follows:

1. Own cookies

These are cookies that are sent to your computer and managed exclusively by ourselves in order to improve the functioning of the Website. The information we gather is used to improve the quality of our service and your experience as a user.

2. Third-party cookies

If you interact with the content of the Website, third-party cookies may also be installed. Third-party cookies are those installed by a domain other than our website. We cannot access the data stored on the cookies from other websites when you browse said websites. On our Website we also use the Google Analytics audience measuring system, a web analysis tool by Google which allows us to know how users interact with our Website.

3. “Analytical” cookies

These are cookies which, together with our server log files, allow us to know the total number of users visiting our Website and which parts are most popular. Thus we are able to obtain information that can help us improve browsing and provide a better service to users and customers. These types of cookies allow us to improve usability and experience when using our Website.

4. Personalization cookies

These allow the user to access the services with some pre-defined characteristics of a general nature depending on a series of criteria on the user terminal, such as configuring the language when creating their account.

5. Session cookies

These types of cookies gather and store data only while the User is visiting the Website, such as the list of products that make up their order. Below follows a list of cookies that you may find on our Website and a brief description of their purpose.

When browsing and remaining on our Website you consent to the use of the cookies mentioned above, the periods detailed and the conditions contained in this Cookie Policy.

How can I configure my preferences?

You can allow, block or delete the cookies installed on your computer by configuring the options of your internet browser. In the event that you block them, it is possible that certain services that need their use are not available to you. Below we offer links where you will find information on how you can activate your preferences in the main browsers:

Google Chrome: https://support.google.com/chrome/answer/95647?hl=es

Mozilla Firefox: http://support.mozilla.org/es/kb/cookies-informacion-que-los-sitios-web-guardan-en-?redirectlocale=en-US&redirectslug=Cookies

Internet Explorer: http://support.microsoft.com/kb/196955/es

Safari: http://support.apple.com/kb/PH5042?viewlocale=es_EShttp://support.apple.com/kb/HT1677?viewlocale=es_ES

Safari para IOS (iPhone, iPad): http://support.apple.com/kb/HT1677?viewlocale=es_ES&locale=es_ES

Cookies Flash:http://www.macromedia.com/support/documentation/es/flashplayer/help/settings_manager07.html

Finally, you can go to the portal Your Online Choices where in addition to finding useful information, you can configure, provider by supplier, your preferences about third-party advertising cookies.

These terms and conditions apply to each ticket purchased through the yellowboatmogan.com website by you, the purchaser (referred to as “you” or “your”) from us, Mogan Sailing Tours SL a company registered in Spain under company number B76292978 and having its registered office at Calle Las Casillas, 23, Mogán ( “Keeper Uno”, “we” or “us”).

Placing and Cancelling Orders

Before your booking is processed, verify that the details you have entered about yourself and your reservation requirements are correct. Once confirmed by you, Yellow Boat Mogan will accept no responsibility for, or offer any refunds for, loss arising as a result of any incorrect information provided by you at the time of ordering your ticket(s), unless this is due to our error.

If tickets ordered by you become unavailable for any reason then you will be informed of this by Keeper Uno. Keeper Uno reserves the right to complete the transaction by issuing part of the total order, or to cancel it completely. In either event, you will be refunded for any tickets ordered but not received and this will be the only liability that we have to you.

– Times and percentages of reimbursement for cancellation

Cancellation with more than 7 days  ->  100% Refund

Cancellation with more than 48 hours  ->  50% Refund

Cancellation with less than 48 hours -> No Refund

– Cancellation or any changes must be made either by email, telephone, in person and receive a confirmation from Keeper Uno.

– The resale of tickets is prohibited. Keeper Uno reserves the right to cancel any tickets that have been resold.

– Keeper Uno reserves the right without refund or compensation to refuse admission to any persons whose conduct is disorderly or unbecoming.

– Keeper Uno may use the ticket holder’s image or likeness in any live or recorded video display, photograph or picture.

– Keeper Uno may postpone, cancel, interrupt or stop the event due to adverse weather, dangerous situations, or any other causes beyond reasonable control.

– By transacting on our website, purchaser certifies that purchaser is at least 18 years of age and understands and accepts these conditions of use.

Payment

Prices quoted are in Euros and are inclusive of applicable IGIC. To be able to do your payment you will be able to use any of the following credit cards. MasterCard, Maestro, Visa Electron, Visa.

Our Liability to You

If we are in breach of the arrangements under these terms and conditions, we will not be responsible for any losses that you suffer as a result, unless the losses are a foreseeable consequence of the breach. Loss or damage is foreseeable if either it is obvious that it will happen or where they could be contemplated by you and us at the time you purchased your tickets.

Keeper Uno will not be responsible for paying any compensation to you for any loss or damage to property incurred unless the loss or damage was suffered as a result of our negligence or other breach of duty.

Your Safety

Whilst Keeper Uno is committed to ensuring that proper safety precautions are in place to try to prevent injury to customers, you acknowledge the risk of injury whilst attending Keeper Uno, despite such precautions being taken, and you agree that you are assuming all risk and danger arising from your attendance. Keeper Uno will not be responsible for paying any compensation to you for any injury, loss or damage suffered by you unless this injury, loss or damage was suffered as a result of our negligence or other breach of duty.

General Ticketing Conditions

You may not transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. The personal data provided by you will be used to fulfil your order and will be held by us in accordance with our Privacy Policy. As set out in our Privacy Policy, we will also retain your details for the purposes of notifying you about future ticket sales and other events, initiatives, products and services that we feel may interest you. We will not share your details with any third party without your prior consent. If you do not want your personal data to be retained for these purposes, please notify us. The contract between us shall be governed by the law of Spain and any dispute arising under this contract shall be referred to the relevant courts having authority.

Transfer service

The transfer service hired on this website it will be developed by an external company. Mogan Sailing Tours SL will not offer this service. Depend on the day of the excursion and the time a different company will do the service.