GENERAL CONDITIONS OF SALE SEABYMIRAMAR.COM
These General Conditions of Contract are governed by the provisions of Royal Legislative Decree 1/2007, of November 16, of the General Law for the Defense of Consumers and Users and other complementary laws, as amended by Royal Decree-Law 23/2018, of December 21, on the transposition of directives on trademarks, rail transport and package tours and linked travel services, by Law 7/1998, of April 13, on general conditions of contract and by the provisions below.
MIRAMAR CRUISES S.L., owner of the Web Site WWW.SEABYMIRAMAR.COM (hereinafter, the “Web Site”), is a company dedicated to the online sale of tourist cruises and activities oriented to cruise passengers, manage the booking and sale of activities, excursions, guided tours and other tourist activities for those users who are interested in hiring these services. MIRAMAR CRUISES makes available to users a platform WWW.SEABYMIRAMAR.COM through which a natural or legal person (hereinafter, the “User”) may book tourist activities, tourist experiences, excursions, guided tours and transfers.
MIRAMAR CRUISES data are as follows:
Owner: MIRAMAR CRUISES S.L.
N.I.F. Number: B-27432228
Address: Avenida do Porto da Coruña. CC. Cantones Village. Bajo B01 15003 A Coruña
Contact email: info@seabymiramar.com
Registration No. XG-CO-655
Any contracting with Miramar Cruises, S.L. is subject to these general conditions of sale that are freely advertised below, so that each CLIENT can know and verify the purchase and the specific terms.
The purpose of the GENERAL CONDITIONS is to regulate the contractual terms for the provision of SERVICES by Miramar Cruises, S.L. and, if applicable, the consideration due by the CLIENT for the use of certain SERVICES.
The mere navigation through the website WWW.SEABYMIRAMAR.COM, will not be considered a SERVICE.
Miramar Cruises, S.L., especially watches over and protects the traveler in the terms detailed in these GENERAL CONDITIONS, as well as in the LEGAL NOTICE and PRIVACY POLICY, available at the bottom of our website.
The agreements and clauses that make up these GENERAL CONDITIONS, with contractual value, including those relating to Personal Data Protection and Intellectual and Industrial Property, shall be interpreted and governed by Spanish Law.
The provision of SERVICES will be carried out through the procurement, provision, organization, use and management by MIRAMAR CRUISES, S.L. of the technical, human and operational resources necessary for this purpose and, always and in any case, as consideration for the prices in force at any time when the SERVICES are paid.
Identification of the parties
On the one hand, MIRAMAR CRUISES, S.L. (hereinafter MIRAMAR CRUISES, S.L.), whose other identification data are contained in the initial general information.
And, on the other hand, the natural person, hereinafter referred to as CLIENT or PASSENGER or CONSUMER, who accesses the website WWW.SEABYMIRAMAR.COM to obtain information and contract the services offered through the website. Each CLIENT declares that he/she is of legal age and has the legal capacity to acquire the services offered through the website.
The CLIENT accepts the GENERAL CONDITIONS of sale at the time of accessing this portal.
1.- ACCEPTANCE OF THE GENERAL CONDITIONS OF USE AND ACCESS TO THE WEBSITE
By accessing, viewing or using the materials, content or services accessible through the Web Site, the User declares that he/she understands and accepts these General Conditions of Use, which define the rights and obligations of MIRAMAR CRUISES S.L. and the User for the contracting of the services of tourist activities, experiences, excursions, guided tours and transfers.
These are the only General Conditions of Use applicable to the use of the Website (notwithstanding that for certain services there may be special conditions) and the contracting of services and replace any other conditions, unless previously agreed in writing between MIRAMAR CRUISES and the User.
For the access to the Web Site the registration of the Users will not be required. However, in order to contract the services offered by MIRAMAR CRUISES, the registration of the User and the acceptance of these conditions will be required before formalizing the corresponding payment.
2.- ABOUT THE WEB SITE
MIRAMAR CRUISES S.L. has developed this Web Site to offer the User a reservation service of activities, experiences, excursions and guided tours oriented to the cruise public in particular and to the traveler or tourist in general.
Likewise, MIRAMAR CRUISES S.L. offers through the Web Site in some of the experiences a pick up and transfer service that allows the User to have a private or shared vehicle to pick him up and transfer him from one point to another to the Users.
MIRAMAR CRUISES informs you that the activities, tourist experiences, excursions and guided tours, as well as the transfers are services provided directly by third party companies collaborating with MIRAMAR CRUISES (hereinafter, the Provider(s)). Therefore, MIRAMAR CRUISES IS LIMITED EXCLUSIVELY TO OFFERING THROUGH THE WEBSITE A SERVICE OF ACTIVITIES, EXPERIENCES, EXCURSIONS, GUIDED TOURS AND TRANSFERS BOOKING THAT ARE EXECUTED DIRECTLY BY THE SUPPLIERS with whom the company has a contract for the provision of services.
The contracting of the services offered by MIRAMAR CRUISES will be carried out between the User and MIRAMAR CRUISES THROUGH SEABYMIRAMAR.COM, although in relation to certain Providers and services, MIRAMAR CRUISES will limit itself to providing its Website as an online platform through which the Providers offer their Services so that they can be contracted directly by the users.
The User, at the moment in which he/she formalizes the reservation, will establish a direct contractual relationship with the Supplier with whom he/she has booked the activity or transfer. MIRAMAR CRUISES will act only as a mere intermediary between the User and the Supplier, limiting itself to transmit the relevant booking data to the Supplier and sending the User a booking confirmation email on behalf of the Supplier.
The information displayed by MIRAMAR CRUISES through its Website for the provision of the services is based in any case on the information provided by the Suppliers at the time of advertising the experience offered.
All information contained in the SEABYMIRAMAR.COM website regarding: experience, schedules, itineraries, activities and other conditions has been collected and verified in the catalogs of the service providers with whom MIRAMAR CRUISES has a sales contract.
However, it may contain inaccuracies, misprints or other types of errors due to any type of modification not notified by the companies, for which MIRAMAR CRUISES, S.L. cannot be held responsible since it is not the direct operator of the experiences.
We also inform you of the possibility of unforeseen events that may force the supplier to modify the conditions of the experience initially contracted and that do not appear in the catalog, such as changes in embarkation or disembarkation times -if the ship docks later than planned in the case of cruise passengers-, the experience may experience schedule changes, problems on the ship or others and, in short, due to force majeure.
Changes of an insignificant nature are not considered to modify the terms and conditions of the contract, and therefore do not entitle the affected client to compensation.
Likewise, the diagrams and photographs are examples and there may be slight variations in the actual activity itself. These photos are provided by the suppliers and are not contractual in nature.
Also, it should be remembered that the rates indicated on the website reflect the cost amounts of the experience at the time of booking and is subject to availability up to the time of booking.
MIRAMAR CRUISES, S.L. reserves the right to modify at any time the sales rates shown on the website for reasons such as availability or price increase of the service offered by the representative company. In the same way, such supplements may occur even once the reservation has been confirmed, so the CUSTOMER will be duly informed upon receipt of the notification or communication from the supplier.
In case of decrease of the concepts indicated in the previous paragraph, the CLIENT will be entitled to the corresponding reduction in the price.
Any promotion displayed on the website has a limited periodicity and is subject to the availability of the supplier offering it. Such promotion may be terminated once the company providing the service has sold out or the time limit has expired.
The information on itineraries, arrival and departure times, dates of operation, experience, etc. is subject to possible modifications. Any alteration or change will be communicated to the client. According to international maritime regulations, when circumstances or causes of force majeure so require or advise, the SHIPPING companies can alter the order of the cruise calls, cancel any, modify the time spent in port, change the ship for another of a similar category or other similar measure. This would cause an unforeseen change in the previously contracted experiences.
Whenever these changes occur prior to the start date of the trip, the client will be duly informed with the notification or communication sent by the SHIPPING COMPANY or ORGANIZER within the indicated periods.
3.- RESERVE IN MIRAMAR CRUISES AND REGISTRATION IN SEABYMIRAMAR.COM
In order to make reservations through the Website, the User will have to provide their personal data (name, surname, e-mail, mobile phone), or, where appropriate, the data of the person in whose name the activity is reserved. or the transfer, so that MIRAMAR CRUISES can make the reservation requested by the User.
Users may also create a User Account by completing the registration form that the Website makes available to them. Through this account, the User will create a profile that will allow him to have a private area through which he will be able to manage all the reservations made through the Website.
By virtue of these General Conditions of Use, Users declare to provide true, exact, current and complete information about their identity, or, where appropriate, about the person on whose behalf the activity or transfer is reserved. In this sense, Users will be responsible for the accuracy of the data provided to MIRAMAR CRUISES and for any consequence that may arise from errors in the information provided.
Users will be fully responsible for the use of their account. Consequently, they will be responsible for the proper custody and confidentiality of the Username and/or passwords that allow access to their account, and undertake not to assign their use to third parties, whether temporary or permanent, nor to allow their use. access to third parties.
In accordance with the foregoing, Users must immediately notify MIRAMAR CRUISES through the email info@seabymiramar.com of any improper use of their Username and/or password, due to circumstances such as theft, loss or unauthorized access to them, so that MIRAMAR CRUISES can proceed to their cancellation or blocking and/or disabling as soon as the improper use of your User Account is established. As long as such facts are not communicated, MIRAMAR CRUISES will be exempt from any liability that may arise from the improper use of User names or passwords by unauthorized third parties.
4.- SPECIFIC CONDITIONS ON THE RESERVATION OF EXPERIENCES AT SEABYMIRAMAR.COM
The reservations that each User makes through the Website are subject to the specific conditions that apply to each activity, experience, excursion or guided tour. The User can find these conditions in the description sheet of the Website for each of these services, as well as in the confirmation email sent by MIRAMAR CRUISES once the reservation has been made.
4.1.- General conditions applicable to all reservations.
In general, the reservation of activities, experiences, excursions and guided tours promoted by MIRAMAR CRUISES through the Website is subject to the following conditions:
The dates and times of the activities, excursions and guided tours published on the Website have been pre-established by the Suppliers and do not allow any type of modification in this regard.
Users may modify the details of their reservations provided that the conditions of the activity, excursion and/or guided tour allow it in their user profile.
The minimum time in advance for each reservation varies depending on the activity, excursion and/or guided tour that you wish to book. This specific aspect can be seen in the tab of the activity itself on the Website. MIRAMAR CRUISES informs you that it is not possible to book an activity less in advance than that indicated in the corresponding activity file.
4.2.- Specific conditions related to the information of the reserved activity, excursion and/or guided tour.
The meeting point, date, time, duration and all the information necessary to enjoy the activity, excursion and/or reserved guided tour, is detailed in the description sheet of each service, on the Website, as well as in the confirmation email that MIRAMAR CRUISES sends to the User once the reservation is made.
In the confirmation email, in addition to providing all the information on the reserved service, MIRAMAR CRUISES may provide the User with a receipt or reservation voucher for the contracted activity, excursion and/or guided tour or MIRAMAR CRUISES will inform the User about the receipt of a Email from the Provider with the receipt so that the User can present it to the Provider prior to the start of the activity or once it has finished, according to the conditions established by the Provider.
It is essential that Users are punctual and show up at the meeting point at the time and date indicated on their voucher, since all activities, experiences, excursions and guided tours are scheduled to leave at a specific time and it is not possible to modify The
to start.
The duration of the activities, excursions and guided tours published on the Website are of a referential nature and may suffer slight variations depending on the development of the service itself, or due to any factor external to the Provider and/or MIRAMAR CRUISES, such as, for example, inclement weather. weather, traffic problems, strikes, etc.
If, once at the destination, the Users have any question in relation to the reserved service, and in particular, with the meeting point of the activity, excursion or visit, the Users may contact the Provider at the contact telephone number that appears on the voucher that MIRAMAR CRUISES gave you at the time of booking confirmation.
MIRAMAR CRUISES informs you that the Supplier may require you to deliver the voucher that accredits the reservation of the activity prior to the start of the activity. MIRAMAR CRUISES will not assume any responsibility if the User does not present said voucher to the Provider.
5.- CONDITIONS OF CONTRACT
The contracting of the reservation of the services of MIRAMAR CRUISES will be understood as formalized once the Users have completed and accepted the reservation form for the activity or the transfer and it has been confirmed, after having correctly completed the reservation process and you have successfully made the payment.
The prices will be those indicated by MIRAMAR CRUISES at the time of booking the activity or transfer chosen by the User. All services are immediate confirmation and are paid at the time of booking by credit or debit card (Visa or Mastercard).
In general, MIRAMAR CRUISES makes full payment through the Website for the activity, experience, excursion, guided tour and/or transfer booked by the User.
These prices are expressed in Euros (€) including taxes, and the total amount will be indicated at the time of final confirmation of contracting the service.
In general, MIRAMAR CRUISES will not apply discounts in the provision of its services, unless this is established in the conditions of the corresponding activity, excursion, guided tour and/or transfer.
After contracting the reservation, Users will receive a confirmation email where the payment of the contracted service will be confirmed and a purchase receipt for the contracted services will be provided. The User must take into account that said purchase receipt is not equivalent to the issuance of the invoice corresponding to the contracting of the services. The User may request the invoice once they have formalized their reservation through the Website.
The User may download from the Website the documentation referring to the contracting of the services provided by MIRAMAR CRUISES. In some cases, the necessary documentation to carry out the excursion or activity will be sent via email to the User by the Service Provider. In the event that the reservation is canceled as indicated in section 7 of these General Conditions of Use, MIRAMAR CRUISES will proceed to issue the appropriate rectifying documents for the User.
In the event that the services are presented within the national territory, MIRAMAR CRUISES will issue an invoice for the provision of services as intermediaries in the name and on behalf of a third party of the Supplier, under the provisions of Additional Provision 4 of Royal Decree 1619/ 2012, of November 30, which approves the Regulations that regulate billing obligations.
MIRAMAR CRUISES must be notified of any improper or fraudulent charge on the card used for the purchase through info@seabymiramar.com in the shortest possible time so that MIRAMAR CRUISES can carry out the appropriate procedures.
Activities reserved through actions or transactions with indications of being fraudulent may be canceled by MIRAMAR CRUISES.
Prices
In most cases, the prices quoted include all taxes and fees. However, additional local taxes or fees may apply at the location in question. If additional taxes or fees apply locally, this will be noted in the activity description.
The prices established by the suppliers may be subject to special conditions, for example, in relation to cancellations and refunds. Before booking, check if the provider in question sets different conditions.
6.- SPECIFIC CONDITIONS FOR TRANSFER RESERVATIONS
Each of the transfers offered by MIRAMAR CRUISES on the Website is subject to certain specific conditions, which Users may consult in the description sheet of the transfer in question (located on the Website), or in the confirmation email that MIRAMAR CRUISES sends you when you have made the reservation.
7.- RIGHT OF DISMISSAL
TO AND CANCELLATION POLICY
Without prejudice to the rights of the User in terms of cancellations of package travel services to which the provisions of Royal Legislative Decree 1/2007, of November 16, are applicable, which approves the consolidated text of the Law General for the Defense of Consumers and Users and other complementary laws (hereinafter, “General Law of Consumers and Users”), each of the services promoted by MIRAMAR CRUISES on the Website (activities, experiences, excursions, guided tours and transfers) has a specific cancellation policy, which the User can consult in the activity description sheet (on the Website), as well as in the confirmation email that MIRAMAR CRUISES sends once the reservation has been made.
Therefore, each service will be subject to its specific cancellation conditions, which will establish the cancellation period and if there is any type of penalty or not.
In short, MIRAMAR CRUISES will manage cancellations in accordance with the cancellation policy of each activity, excursion, guided tour and/or transfer.
In the event that the Provider does not have availability for the reserved date, the User will be informed and will be offered, whenever possible, an alternative date and time. In the event of not receiving a response from the User within the period established by the Provider or in case of rejecting the proposed alternative, the reservation will be canceled and the amount thereof will be immediately refunded to the User. In any case, MIRAMAR CRUISES will issue the appropriate rectifying documentation.
Travel services, transportation, meals or activities related to leisure activities are excluded in the applicable consumer regulations, in relation to the exercise of the right of withdrawal by the consumer.
Thus and by virtue of article 103 section l) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, it will not be The right of withdrawal is applicable to combined travel contracts, and the consumer must assume the expenses derived from the cancellation of services requested by him.
The businessman will be responsible for errors due to technical defects that occur in the reservation system that are attributable to him, as well as for errors made during the reservation process, when the businessman has agreed to manage the reservation of a combined trip.
The entrepreneur will not be responsible for reservation errors attributable to the traveler or caused by unavoidable and extraordinary circumstances.
8.- CANCELLATION POLICY
You can only cancel the service agreements in accordance with the cancellation conditions, which are established in the provider’s Terms and Conditions, in the description of the activity on the SEABYMIRAMAR platform or in any coupon issued for the activity.
To avoid misunderstandings, you must make changes (for example, a postponement of the activity date or modifications in the participants) and cancellations through YOUR USER PROFILE ON SEABYMIRAMAR.COM, unless otherwise agreed. Cancellation can be done by email available. The change or cancellation must be made in advance. What is “timely” depends not only on the individual case (for example, within the applicable cancellation period), but may also be related to the availability of the activity. Therefore, it is very important that you carefully read all the terms and conditions on the activity page, in particular the Provider Terms and Conditions. For a timely cancellation it is essential that notification is received on time from MIRAMAR CRUISES. If these requirements are met, we will issue a cancellation/change confirmation on behalf of the supplier. This is also proof of the cancellation/change and should therefore be retained.
We may notify you of any changes or cancellations, particularly at short notice, on behalf of the provider using the telephone number you have provided to us and sending the changes to your email address.
Unless different cancellation conditions are specified in the description of the activity on the SEABYMIRAMAR.COM website in the provider’s Terms and Conditions or in the activity coupon, the following cancellation conditions apply:
a) For cancellations more than 24 hours before the start of the activity: full refund of the reservation price.
b) For cancellations less than 24 hours in advance regarding the start of the activity or in case of no-show: there is no refund.
9.- BEHAVIOR IN
TO WEB
Users undertake to make lawful, diligent, honest and correct use of all the information or content they have access to through the Website, and all of this under the principles of good faith and respecting at all times current legislation and these General Conditions of Use. In particular, but without limitation, Users must not:
Yo. Register or communicate data that is not true, exact, complete and/or updated, or access the Website using the name, identification data or password of another User or impersonate any person or identity.
ii. Use the Website for fraudulent purposes, or related to criminal offenses or illegal activities of any kind.
iii. Introduce or spread computer viruses that may cause unauthorized alterations to the contents or systems of the Website.
iv. Create a Profile or use the Website to use or reuse unlawful, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening material of any kind, or that violates copyrights, trademarks or confidentiality, privacy or any another right, that is otherwise insulting or reprehensible to third parties.
v. Download, send or distribute in any other way content or applications that may violate any legislation in force or that may infringe any right of any party.
MIRAMAR CRUISES reserves the right to deny any attempt to access the Website or cancel user accounts, in cases where there is misuse of the Website in accordance with the provisions of this clause.
10.- CONTENT MANAGEMENT
Users who have booked activities, excursions, guided tours and/or transfers through MIRAMAR CRUISES may publish their opinions and assessments on the Website.
For this, MIRAMAR CRUISES may send an email to the User, when the activity or transfer has already finished, so that he can assess the experience and the service that has been provided by MIRAMAR CRUISES.
When MIRAMAR CRUISES receives the opinion and evaluation of the User, it will review it and publish it as soon as possible on the Website.
In any case, MIRAMAR CRUISES will publish the opinions of Users as long as their content is not illegal, obscene, abusive, threatening, defamatory, invades the privacy of third parties, or is otherwise objectionable to third parties, and provided that content does not include advertisements or links to other websites and/or that the opinion does not correspond to the valued service.
In particular, MIRAMAR CRUISES reserves the right not to publish those opinions whose content may include the following expressions:
Discriminatory expressions: In no case will expressions that go against an individual and that violate the principles of the right to honor, personal and family privacy, self-image and dignity of the person be allowed. Any type of discriminatory publication is prohibited, whether for reasons of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance.
Illegal activities: MIRAMAR CRUISES will not allow content that promotes illegal activities or that includes obscene or defamatory content.
Violent content: it is expressly prohibited for opinions to contain expressions that promote violence and/or that include, without limitation, sexual violence or violence against animals and people
Degrading text: the publication of opinions or comments that are intimidating, threatening, degrading or that in any way promote violence against a person or a specific group is strictly prohibited.
Communications between MIRAMAR CRUISES and Users will be made in writing via email with acknowledgment of receipt or by any other means by which the receipt and content of the communication is recorded.
1. Communications to MIRAMAR CRUISES must be sent to: info@seabymiramar.com
2. Communications to Users: the registration email will be used.
11.- EXCLUSION OF LIABILITY
Without prejudice to the responsibility in package travel services to which the provisions of the General Law of Consumers and Users apply and by way of example, but not limitation, MIRAMAR CRUISES is not responsible for the following circumstances:
1. Of the cancellations made after the deadline by the Users. MIRAMAR CRUISES will not be responsible under any circumstances for returning the amounts paid by its Users when they have not complied with the cancellation period provided in the cancellation policy applicable to each service.
2. Of the delays or errors made by the Users to reach the meeting point of the activity, excursion, guided visit
day and/or reserved transfer. That is, MIRAMAR CRUISES will not assume any responsibility if the User loses the activity or the reserved transfer due to lack of punctuality and/or for not being at the corresponding meeting point.
3. In the cases in which the Provider denies the User access to the corresponding activity, excursion and/or guided tour when the latter does not carry the corresponding voucher printed on paper and/or downloaded to their mobile phone (as required in each case by the Provider).
4. Of the damages and thefts that affect the Users and the property owned by them during the enjoyment of the activities, excursions and guided tours and/or during the journey of the contracted transfer service.
5. Of the injuries, damages and accidents that the User may suffer while enjoying the activity, excursion, guided tour and/or reserved transfer, as well as those injuries, damages and accidents suffered by the User prior to the service and that prevented you from enjoying it.
6. Of the cases in which the vehicle reserved for the transfer does not go to the collection point when the information that the User has provided about the hours and collection point is wrong or misleading.
7. The loss of flights, trains, buses or any other means of transport, as a consequence of not having requested the transfer service with the period of advance recommended by MIRAMAR CRUISES. The User is solely responsible for knowing the departure time of their flight/train/bus and requesting the pick-up service in sufficient time.
8. Of the meteorological conditions in which the Provider carries out the activities, excursions and guided tours reserved by the Users. Under no circumstances will MIRAMAR CRUISES be responsible for these circumstances, so the service will be understood to be correctly provided.
9. Of the quality and adequacy of the service contracted by the User.
10. Of the cases in which the activities, experiences, excursions or guided visits have been completed with regard to all the points of interest included in them, although the duration has suffered a slight variation due to any factor external to the Supplier and/or or MIRAMAR CRUISES. In this situation, it will be understood that the service has been correctly provided.
11. Of the complaints and claims regarding the service contracted by the User that must be managed with the Service Provider, without prejudice to the fact that MIRAMAR CRUISES can collaborate with the User to attend to their claims.
In addition, and in the cases in which the User contracts the services directly with the Provider, MIRAMAR CRUISES will not be responsible:
12. Compliance with any tax declaration, payment or any other obligation that derives from or is a consequence of the service provided by the Supplier. MIRAMAR CRUISES is exonerated from any type of fiscal responsibility in relation to the services provided by the Supplier.
Likewise, MIRAMAR CRUISES does not grant any guarantee nor is it responsible, in any case, for damages of any nature that may arise from access or use of the content or the Website. Among others, and by way of example and not limitation, MIRAMAR CRUISES is not responsible for the following circumstances:
13. Lack of availability, maintenance and effective operation of the Website and/or its services or contents, as well as for damages of any nature that may be due to the lack of availability or continuity of operation of the Website.
14. Of technical failures attributable to third parties or to causes of force majeure that prevent the correct functioning of the Website.
15. Cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Website, as a consequence of the blocking of the Internet network, actions or omissions of third parties, or any other independent causes or circumstances. of the will of MIRAMAR CRUISES that prevent the normal use of the Website.
16. The illegal, negligent, fraudulent use, contrary to the terms of these General Conditions of Use, or in good faith, of the Website, by Users.
MIRAMAR CRUISES reserves the right to initiate the legal actions that by right correspond to it against the Users, as a consequence of the commission of the acts described in this section, and in general, for the breach of these General Conditions of Use.
In the case of those combined travel services offered by MIRAMAR CRUISES to which the provisions of the General Law of Consumers and Users apply, if after having selected and paid for a combined travel service with another company, the User reserves additional travel services for your trip through MIRAMAR CRUISES, you will NOT enjoy the rights that apply to combi trips.
by virtue of the consolidated text of the General Law of Consumers and Users.
Therefore, MIRAMAR CRUISES will not be responsible for the correct execution of said additional travel services. In case of problems, the User must contact the corresponding service provider.
However, if the User books additional travel services during the same visit on the MIRAMAR CRUISES reservations Website, these services will form part of linked travel services. In this case, as required by European Union Law, MIRAMAR CRUISES has signed a protection guarantee to reimburse the User for payments made to MIRAMAR CRUISES for services that have not been executed due to the insolvency of MIRAMAR CRUISES and, in if necessary, for repatriation. Please note that no refund will be made in the event of the insolvency of the relevant service provider.
MIRAMAR CRUISES has subscribed a guarantee of protection against insolvency with the entity CATALANA OCCIDENTE SEGUROS Y REASEGUROS with address at Paseo de la Castellana, 4 -28046 Madrid guarantor in case of insolvency Intercaución Plza. N-10.456.587-F.
If services are denied due to the insolvency of MIRAMAR CRUISES, Users may contact said entity or, where appropriate, the competent authority.
12.- INTELLECTUAL PROPERTY
11.1.- Intellectual and Industrial Property related to the Website owned by MIRAMAR CRUISES
All rights to the content, design and source code of this Website and, in particular, including but not limited to, all rights to the photographs, images, texts, logos, designs, trademarks, trade names, data that are included on the Website and any other intellectual and industrial property rights are owned by MIRAMAR CRUISES, or by third parties that have expressly authorized MIRAMAR CRUISES to use them on the Website.
For this reason and by virtue of the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the consolidated text of the Intellectual Property Law, regularizing, clarifying and harmonizing the legal provisions in force on the matter (in hereinafter, “Intellectual Property Law”), as well as in Law 17/2001, of December 7, on Trademarks and the complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution is expressly prohibited. , public communication, including the method of making available, all or part of the contents of the Website, in any medium and by any technical means, unless expressly authorized in writing by MIRAMAR CRUISES.
Any use of these contents not previously authorized by the User will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.
13.- SAFEGUARD CLAUSE
All the clauses or extremes of these General Conditions of Use must be interpreted independently and autonomously, the rest of the stipulations not being affected in the event that one of them has been declared null by a judicial sentence or final arbitration resolution. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the General Conditions of Use.
14.- MODIFICATIONS
MIRAMAR CRUISES reserves the right to make as many modifications as it deems appropriate in these General Conditions of Use, in which case Users will be notified in advance. These modifications will be valid from their publication on the Website.
15.- CLAIMS
The CONSUMER is obliged to communicate any breach in the execution of the contract, preferably “in situ” or, in another case, as soon as possible, in writing or in any other way in which it is recorded, to the ORGANIZER or the AGENCY and , where appropriate, to the provider of the service in question. In the event that the solutions arbitrated by the AGENCY and/or the ORGANIZER are not satisfactory to the CONSUMER, the CONSUMER will have a period of one (1) month to complain to the RETAIL AGENCY or the ORGANIZER, always through the former.
The consumer will be acknowledged receipt and will be informed, by MIRAMAR retail travel agency, if it is appropriate to process the claim directly or by referral to the company providing the services, depending on the scope of management. In any case, the traveler will be informed of its evolution, even if it is outside our scope of management.
The response time of the claims will be the fastest possible, and in any case will not exceed the stipulated according to consumer regulations.
As regards the buyer’s claims regarding the development or organization of the
vice, these must be sent in writing to MIRAMAR CRUISES, S.L. within eight (8) days following the end of the tourist experience through any of the media communication channels provided (telephone 0034982252574 or info@seabymiramar.com)
In it you must provide the following information:
Name and date of the experience, name and surname of the main contractor of the service, DNI of the main contractor of the service.
Reason for the claim: with all the data, information and attached documents that you can provide and that serve to justify the reason for the claim.
You can direct your claims both by post and by email to the “contact” addresses indicated in the header of these general conditions.
By virtue of the consumer and user regulations, it is reported that MIRAMAR CRUISES is not adhered to any consumer arbitration system, although and in compliance with the provisions of the European Commission Regulation (EU) No. 524/2013 we provide the information on the ODR platform for online conflict resolution and access address ec.europa.eu/consumers/odr.
Termination of contract
In any case, the CLIENT may exercise their right of resolution in accordance with the provisions of the applicable regulations (Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws), with the stipulations mentioned in these general contracting conditions.
Likewise, the contractual relationship between the CLIENT and MIRAMAR CRUISES, S.L. It will end for the reasons admitted both in the Civil Code and in the Commercial Code and, specifically, for the following:
Due to the expiration of the term of validity or any of its extensions, in the case of obligations subject to a specific term.
By mutual agreement between the parties expressly stated in writing.
For breach of the parties of the agreed covenants and conditions.
Due to the early resolution of the General Conditions in accordance with the terms and conditions that are developed in the following clause.
In the event of a specific contract regulating SPECIAL CONDITIONS between MIRAMARCRUISES, S.L. and any of the CLIENTS or SUPPLIERS, will govern what is indicated in said SPECIFIC CONDITIONS in everything that is opposed to these GENERAL CONDITIONS.
In any case, the termination of the contractual relationship will not exonerate the parties from compliance with the pending obligations.
16.- APPLICABLE LEGISLATION
These General Conditions of Use will be governed by Spanish law. In case of dispute over the interpretation, execution or validity of these General Conditions of Use, the Courts and Tribunals of the User will be competent.
By virtue of the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, regarding the resolution of online disputes in consumer matters, MIRAMAR CRUISES also informs you that, in In the event of a dispute, Users residing in the European Union may go to the “Online Dispute Resolution Platform” developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services by WATCH CRUISES.
To access the “Online Conflict Resolution Platform” you can do so through the following link: http://ec.europa.eu/consumers/odr/
In any case, MIRAMAR CRUISES notifies the User that they have a Complaint Form through which you can make any complaint or claim in relation to the services provided by MIRAMAR CRUISES.
Each CLIENT, WEB USER and PROVIDER will be responsible for the legality and correctness of the data, information and content of all kinds, direct or linked, posted on or provided to the website or to MIRAMAR CRUISES, S.L., whether their own information or content or that of third parties. In the event of rejection or interruption of the SERVICES due to fraud, fault or negligence in relation to said responsibilities, the CLIENT or SUPPLIER, especially SUPPLIER COMPANIES, WHOLESALE AGENCIES or INSURANCE COMPANY, exempts MIRAMAR CRUISES, S.L. from all liability for this reason, committing itself to keep it harmless against third-party claims, in addition to indemnifying it, if applicable, in the amount of damages caused, including damage to image or reputation.
authentic language
These GENERAL CONDITIONS are written in Spanish, being that the language of its authentic text in case of discrepancy with the translations that could be made, and are subject to current Spanish legislation.
Integrity and update
In the event that any clause/s of these general conditions or of specific conditions of a SERVICE
Or become invalid, illegal or unenforceable by virtue of any legal rule, they will be considered ineffective to the extent that corresponds, but otherwise these conditions will retain their validity, replacing the affected clause(s) with another(s) that has/n the effects most similar to that of the substituted one/s.
Customer Support
The customer service for each CUSTOMER consists of a telephone and/or online technical assistance service that includes a diagnostic service and an incident resolution service. The CUSTOMER service is a SERVICE that MIRAMAR CRUISES, S.L. lends to each CLIENT free of charge through the indicated email address, Monday through Friday, from 9:00 a.m. to 9:00 p.m. and from 10:00 a.m. to 6:00 p.m. on Saturdays.
Data Protection
All your personal data collected through the SEABYMIRAMAR website will be processed by MIRAMAR CRUISES SL. as data controller in accordance with the relevant data protection laws and for the purposes described in the PRIVACY POLICY: https://www.miramarcruceros.com/aspectos-legales/politica-privacidad/ transmits your personal data to the providers insofar as it is necessary for the performance of the service agreement between you and the provider or if it is necessary to comply with a legal obligation, as well as for other legally permitted purposes. The providers are independent data controllers and have sole responsibility for the processing of your personal data.
Consult the Privacy Policy for complete information on how to exercise your data protection rights.
IN ACCORDANCE WITH THE ABOVE, AND THROUGH THE ACCEPTANCE OF THE PRESENT GENERAL CONDITIONS OF USE, USERS DECLARE HAVING READ AND EXPRESSLY ACCEPTED THIS CANCELLATION POLICY AND AGREE WITH THE CONDITIONS OF CANCELLATION OF THE ACTIVITY, EXCURSION, VISIT GUIDED AND/OR TRANSFER RESERVED THROUGH THE WEBSITE.
