General terms of use

General terms of use

1. General terms of use and acceptance of said terms

1.1. The present General Terms of Use along with the General Terms of Contract and the particular conditions that may be established are aimed at regulating the provision of information and the commercial relationship between Top Sailing Charter, S.L. (hereinafter “TOP SAILING CHARTER") and Users of www.topsailingcharter.com (hereinafter "The Website"). By browsing The Website and/or using the services offered within, you acquire the status of User (hereinafter “YOU” or “USERS”) and accept, without reserve or limitations of any kind, all the present General Terms of Use as well as the General Terms of Contract and the Particular Conditions as applicable.

1.2. TOP SAILING CHARTER will not be indirectly or subsidiarily responsible for harm or damages of any kind resulting from use of The Website that is contrary to the stipulations established in these Terms of Use or, if applicable, the General Terms of Contract and Particular Conditions.

1.3. TOP SAILING CHARTER may modify, at any time and without prior notice, the present General Terms of Use and the General Terms of Contract and/or the Particular Conditions that may apply by publishing said modifications on The Website in order for the USERS to become familiar with them.

2 . Intellectual and Industrial Property Rights

2.1. The present Website, including but not limited to programming, edition, compilation, design, logos, images, text and graphics, are property of TOP SAILING CHARTER and are protected by national and international regulations on intellectual property. The USER's access to the Website does not grant any right of ownership over such.

2.2. The USER gives authorisation to reproduce, distribute and publically diffuse the photos they upload to their Intranet account for publication on the Website.

If you see any content on the Website that may infringe upon intellectual and industrial property rights, we ask you to please notify TOP SAILING CHARTER as briefly as possible by sending an email to info@topsailingcharter.com.

3. Civil Liability

3.1. TOP SAILING CHARTER will be responsible for losses and damages the USER may incur resulting from the use of the Website when said damages are directly attributable to malicious or negligent conduct of TOP SAILING CHARTER and the USER’s actions are free from blame and negligence. Under no circumstance will the conduct of TOP SAILING CHARTER be considered malicious or negligent when it can be proven to be compliant with demands and requirements established by law and other precautions and formalities that the nature of the service entails.

3.2. TOP SAILING CHARTER may partially or entirely suspend, withdraw or cancel goods/services that are not subject to the contract at any time and without prior notification. The previous provision will not affect those goods and/or services that are reserved for registered USERS or are object of a prior contract and thus governed by the specific terms and conditions of said contract.

3.3. TOP SAILING CHARTER does not have general control over the use the USERS make of the Website and its Intranet, blog and related social networks. In particular, TOP SAILING CHARTER does not guarantee under any circumstance that the USERS will use the Website and the aforementioned tools in a diligent and sensible manner in conformity with the law, the present General Terms of Use, generally accepted moral codes, norms of good conduct and public order.

3.4. In the event the Website includes links or hyperlinks to other Internet sites, TOP SAILING CHARTER will not exercise any type of control over these sites and their content. Under no circumstance shall TOP SAILING CHARTER assume responsibility for the content of a link belonging to another website nor do they guarantee technical availability, quality and truthfulness of any material or information contained in the hyperlink headings or other Internet sites.

4. Warranty Exclusions

4.1. TOP SAILING CHARTER does not guarantee that the service will satisfy the USER's needs or that it will be executed without interruptions in correct and reliable time and free of errors. TOP SAILING CHARTER does not guarantee that the website or the server are free of viruses and is not responsible for losses or damages that may result from interferences, omissions, interruptions, computer viruses or disconnections in the operating system of this electronic system that are beyond the control of TOP SAILING CHARTER.

4.2. It is the USER’s responsibility to take the proper technical measures in order to reasonably control these risks and prevent damages to their computers, loss of data and theft of confidential information. To that effect, you should have updated anti-malware against viruses, Trojans, etc. and have updated security patches for the browsers you use.

4.3. The information presented in Offers, Last Minute and One Way is solely informative and in no way imply the availability of goods and services offered. The availability of thereof may be verified by USERS contacting TOP SAILING CHARTER by phone or email listed on the website.

5. USER Obligations

The USER agrees to the following, including but not limited to:

5.1. Register with truthful data and maintain said data updated. The USER shall not use false identities or assume the identity of others when using the Website or any of its services.

5.2. The USER shall not upload, store or diffuse on or from the Website, Intranet, blog or related social networks any information that is slanderous, abusive, obscene, threatening, xenophobic, provocative of violence or discrimination of race, gender, ideology, religion or contrary to moral code, public order, fundamental rights, public freedom, honour, privacy or the image of third parties and, in general, regulations in vigour.

5.3. The USER shall not use the Website, Intranet, blog or related social networks to upload, store or diffuse any computer programs, data, viruses, codes, hardware or telecommunication equipment or any other instrument or electronic or physical device that may cause damage to the Websites of USERS, providers of TOP SAILING CHARTER or third parties in general or impede the proper operation of such.

5.4. Provide proper safekeeping of the User Name and Password for Intranet access assigned by TOP SAILING CHARTER. The USER agrees not to hand over or allow third parties access to this information and will assume responsibility for losses and damages that may occur from wrongful use of such. The User agrees to notify TOP SAILING CHARTER as quickly as possible of loss or theft or any other risk to the User Name and/or Password that entails access to a third party.

5.5. The USER shall not use the Website for advertising or promotional purposes or commercial exploitation or use the content and, particularly, information obtained from the Website to send out adverts or messages with intentions

of obtaining direct sales or with any other commercial purpose.

5.6. The USER shall not destroy, alter, personally use, render useless or damage data, information, electronic programs or documents belonging to TOP SAILING CHARTER, its providers or third parties.

5.7. The USER shall not use the Website to upload, store or diffuse any content that infringes on intellectual and industrial property rights, secrecy of communications and personal data protection laws.

5.8. The USER shall not diffuse any false, ambiguous or inexact information or content that could mislead parties receiving the information.

6. Privacy Policy

6.1. TOP SAILING CHARTER can gather statistical information about the USER's computer including IP address, operational system and browser type with a cookie file that is stored in the hard drive of the USER's computer. Cookies contain information that is transferred to the hard drive of your computer.

Cookies help TOP SAILING CHARTER to improve the Website and provide better, more personalised services. More specifically, they aid in: (i) Making an estimate on numbers and patterns of use; (ii) Storing information about USER preferences and personalising the Website according to their individual interests; (iii) Accelerating searches; (iv) Recognising the USER when they come back to the Website.

6.2. The USER can refuse to accept cookies by configuring their browser to reject cookies. However, if the USER selects this configuration, they may not be able to access certain parts of the Website or benefit from some of its services. Unless the USER has set the configuration of their browser to reject cookies, the system will produce cookies when connected to the Website.

6.3. On some occasions, we share anonymous and pooled information about the visitors to this Website with third parties, such as advertisers, sponsors or auditors under the sole intention of improving services. All these procedures are regulated by legal norms and all data protection rights of the USERS will be respected in conformity with regulations in vigour.

6.4. The Website may also host its own adverts or adverts from affiliates or advertising networks. These adverts are displayed by advertising servers that also use cookies to show related advertising content to the USERS. Each one of these advertising servers has its own privacy policy which can be consulted on their websites.

7. Data Protection

7.1 In accordance with Regulation (UE) 2016/679 General on Data Protection, we provide you with the following information: The person responsible for the treatment of your data is TOP SAILING CHARTER S.L., with CIF: B17975889 and address at Torroella De MontgrÍ, C / Francesc Macià, 11 - CP 17257.

7.2 On Top Sailing Charter, S.L. we treat the information that people provide us interested in order to (i) reserve the vessel and confirm the reservation, (ii) comply with the requirements related to accounting and billing, (iii) verify payment, (iv) comply with security, administration and legal requirements of Top Sailing Charter, S.L, (v) verify, maintain and develop systems and analysis statistics, as well as to make it known, including by electronic means, any information or publicity that might be of interest to the user about other products, services, promotions, news and other information of Top Sailing Charter, S.L that you can consider of interest. Specifically in the case of newsletters that will be sent, these will include products or / and services that will be offered by Top Sailing Charter, S.L. The legal basis for the processing of your data in accordance with the purposes stated above is their agreement granted when marking the corresponding acceptance boxes

7.3 The personal data provided will be kept as long as deletion is not requested by the interested party These data may be transferred to third companies subcontracted for the provision of the contracted services, as well as the provision of administrative, accounting or fiscal services.

7.4 Anyone has the right to obtain confirmation on whether Top Sailing Charter, S.L we are dealing with personal data that concerns you, or not. People interested parties have the right to access their personal data, as well as to request rectification of inaccurate data or, where appropriate, request their deletion when, between Other reasons, the data are no longer necessary for the purposes that were collected. In circumstances, interested parties may request the limitation of the processing of your data, in which case we will only keep it for the exercise or the defense of claims. Occasionally and for reasons related to your particular situation, the interested parties may object to the processing of their data. Top Sailing Charter, S.L. will stop processing the data, except for legitimate reasons imperious, or the exercise or defense of possible claims.

8. Minors

Generally, in order for minors to make use of the services offered on the Website, they must obtain prior authorisation from their parents, guardians or legal representatives who will be responsible for their conduct on the Website. For services that are expressly defined or determined by law, access will remain strictly and exclusively restricted to persons 18 and over.

9. Duration and cancellation

The rendering of services and contents of the Website has an indefinite duration. TOP SAILING CHARTER has the power to unilaterally cancel, suspend or interrupt, at any time without prior notice, the rendering of services, the Website and/or any of the services without limiting the foregoing or the stipulations to that effect in the corresponding Particular Conditions.

10. Third party contracts through the Website

USER recognises and accepts that any contractual or extracontractual which, if any, is formalized with tierses people connected via the Website, particularly through the sections "Share your sailing experience" and "TSCH Community  "is defined as a unique and exclusive relationship between the USER and the third. As a result, TOP SAILING CHARTER is not any kind of liability for damages or losses of any kind incurred as a result of these negotiations, conversations and / or contractual or extracontractual relationship.

11. Applicable law and jurisdiction

These Terms are governed by Spanish law. The parties submit to the resolution of conflicts, renouncing any other jurisdiction, the courts of the domicile of the USER. Furthermore, as an entity adhering to Confianza Online and under its Code of Ethics, in case of dispute regarding the online publication, data protection, protection of minors and accessibility, the USER may access the system of alternative dispute resolution Confianza Online (www.confianzaonline.es), shown to the Jury of the Advertising Council and the National Consumer Arbitration.