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General Terms and Conditions

General Terms and Conditions
(hereinafter also the General Conditions or GTC):

On the one hand, the provider of the services, SPORTS EVASION, SL. whose trade name is Water Sports Centre Calella (hereinafter also the provider), with registered office at C/Jovara 153 bj, Calella, Barcelona, Spain. 08370, N.I.F B60187531 contact telephone number 629 37 33 80, and e-mail: e-mail: info@wsc.cat, being the owner of the website www.wsc.cat, exposes the contractual document that will govern the contracting of services through the website outlined.

And on the other hand, the User - Client (hereinafter the User) of the website, being responsible for the veracity of the personal data provided to the provider.

BOTH AGREE to this document, and implies that the user:

Has read, understands and comprehends what is set forth herein.

That he/she is a person of legal age and with sufficient capacity to contract.

That he/she assumes all the obligations set forth herein.

That he/she has read and accepts these general conditions of purchase from the moment he/she acquires any of the services offered.

This document can be printed and stored by the Users.

The provider makes available to them the e-mail address info@wsc.cat to raise any questions about these conditions.

The present conditions will have an indefinite period of validity and will be applicable to all contracts made through the provider's website.

The provider reserves the right to unilaterally modify these General Conditions, without affecting the goods or promotions that were purchased prior to the modification, in order to improve the services offered. In any case, these general conditions must be consulted before purchasing the services.

It is advisable to keep a copy of the data contained in the services purchased.

Water Sports Centre Calella is not responsible for any consequences that may result from improper use of the products for sale on the website.

The civil responsibility of Water Sports Centre Calella for the supplied products is limited to the amount of the same ones, the user renounces to claim any responsibility to Water Sports Centre Calella for any concept in any case of dissatisfaction of the products acquired in the web www.wsc.cat, as well as possible failures, slowness of access or errors in the access to the web, including losses of data or another type of information that could exist in the computer or network of the user who accedes to the web www.wsc.cat.

Water Sports Centre Calella is a company specialized in the sale of nautical activities and sells its services remotely over the Internet through its website and by telephone.

2.1 Scope of application:
The purpose of this contract is to regulate the contractual relationship of purchase and sale born between the provider and the user at the moment the user accepts these conditions of purchase during the online contracting process by checking the corresponding box. These GTC shall apply from the day the order is placed.

The contractual relationship of purchase and sale entails the provision, in exchange for a specific price and publicly displayed through the website, of a specific service.

2.2 Territory of application:
The online store of www.wsc.cat is active for the whole world.

2.3 Ability to contract:
In order to place an order for the contracting of a service you must be of legal age and have the capacity to contract.

2.4 Acceptance of the client:
The validation of an order through the web www.wsc.cat is done by email and also implies the automatic acceptance of the GTC. These conditions are available on the website www.wsc.cat or, if you wish and request, we can make it available by email.

2.5. Modification of the General Conditions of Contract:
Water Sports Centre Calella reserves the right to make changes and/or modifications to these GTC. We advise our customers to review them regularly. In the event that these changes or modifications are introduced after a reservation has been made, the conditions in force on the date on which the reservation was made will apply.

3.1 Publication of prices:
The prices of the services are those shown for each type of activity on our website.

All the prices shown in the store www.wsc.cat include the current VAT. All prices shown on the website are valid except for typographical errors and in any case will be expressed in Euro currency (€).

In the cases of promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered during the promotion period.

The data recorded by the different payment methods constitutes proof of the date on which the financial transactions were made and will be used to determine whether or not the order is subject to promotion.

3.2 Service Information:
Information contained in our advertising, brochures, other written material, on our website or provided by our agents or employees constitutes an invitation to deal. Such information does not constitute an offer to perform any services on our part.

The contents of www.wsc.cat are constantly being renewed and updated to provide our customers with the most complete and detailed information possible. Because of this, it is possible that the contents may show, on exceptional occasions, information of a provisional nature on some services. In the event that the information provided does not correspond to the characteristics of the services offered.

3.3 Availability of the service(s):
Water Sports Centre Calella has available its services during the opening season and according to the schedules published on the website. The service must be purchased for a specific day and depending on which activities, the time of service must also be indicated.

In the event that Water Sports Centre Calella is unable to provide the service, two alternatives will be offered:

The change of date and time for the provision of service.

The refund of the amount paid for the part of the service not consumed.

3.4 Order process and validation:
The purchase through the website constitutes an act of irrevocable acceptance of these conditions, and can only be challenged in limited cases provided for therein. Consequently, Water Sports Centre Calella can in no case be held responsible for the non-execution or poor execution of the contracted services, due to the entry of the particular User's data.

3.5 Fraud:
If Water Sports Centre Calella suspects or detects any anomaly or fraud, it reserves the right to cancel the transaction for security reasons.

The user who makes the purchase online will be asked only the essential data to process your order.

Once you have selected the desired activities, it is reported that in accordance with the requirements of art. 27 of Law 34/2002 of Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:

Choose the activity by clicking on it.

You must choose the day of service provision and in some cases the time of service provision.

Once the service has been chosen, click on the finalize tab to place the order. When you click on this option, the confirmation of the purchase will appear (summary of the order placed, your data and chosen payment method).

A series of personal data is requested in order to place the order and subsequent delivery, and then the user's consent to save their data is requested.

Once the form is filled in, a screen of observations and the verification box will appear, which must be checked since it is the acceptance of these General Contracting Clauses and the Privacy Policy.

To finalize the process, you must click on the Finish button.

Once the payment has been made, the payment receipt will be sent by e-mail.

If there is any type of error in the e-mail address or in any other point of the payment process, you will receive a confirmation of payment by e-mail. 
If there is any type of error in the e-mail address or in any other point of the order, you must notify it immediately to the e-mail address that will appear on the web to proceed to correct this error (info@wsc.cat).

In the method of telephone contracting, the payment will be by bank transfer according to the indications of paragraph 7 of the present conditions.

For any questions you can contact our customer service through any of the methods provided on the web www.wsc.cat

Water Sports Centre Calella will provide Customer Service for FREE through our contact email info@wsc.cat.

Water Sports Centre Calella provides you with telephone numbers in Spain subject to the cost of your telephone operator.

At the time of completion of the online purchase we will send confirmation of payment and proof of purchase and all the features, price and date of hire in case of booking to the email address you provided when ordering.

For the purchase by the web the payment will be by credit or debit card: The user must have a valid credit or debit card, where you must specify all the digits of the card number in the corresponding form. The operation is formalized at the moment of placing the order. Only Visa and Mastercard are accepted. Only secure card payments are accepted in which your identity as the cardholder is authenticated according to the method established by your bank, through secure electronic commerce ("Verified by Visa" and "MasterCard SecureCode"). The order cannot be taken into account and will not be processed until the payment has been authorized by your bank or cashier.

We use the system called SSL (Secure Sockets Layer), a payment system in a secure environment that allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.

The User has rights and deadlines to proceed to make the return and / or claim the possible vices or defects in the service.

The right of withdrawal shall not be applicable according to Article 103 paragraph l) of Law 3/2014 of 27 March, which amends the revised text of the General Law for the Defense of Consumers and Users to contracts that refer to the provision of services related to leisure activities, if the contracts provide for a specific date or period of execution.

Unless there is agreement between Water Sports Centre Calella and the User, the User may not exercise the right of revocation referred to in this paragraph, once the service purchased, has begun.

In particular, no refunds or partial or full payment of the reservation will be made in the event that it does not meet the customer's expectations.

If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the General Conditions shall subsist in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been included.

Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/.

These conditions shall be governed by or construed in accordance with Spanish law in that which is not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of the service subject of these Conditions, to the Courts and Tribunals of the domicile of the provider (if it is not considered as a consumer for the purposes of the TRLGDCU) or the user (if it is considered as a consumer for the purposes of the TRLGDCU).

These General Conditions are subject to the provisions of:

European regulations governing electronic commerce:

Directive 97/7/EC on the protection of consumers in respect of distance contracts (Distance Selling Directive);

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce in the internal market (Directive on electronic commerce).

Spanish regulations:

Law 3/2014, of March 27, amending the revised text of the General Law for the Defense of Consumers and Users.

Law 7/1998, of April 13, 1998, on General Contracting Conditions, and subsequent amendments,

REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and Guarantee of Digital Rights,

Law 7/1996, of January 15, 1996, on the Regulation of Retail Trade,

Law 34/2002 of July 11, 2002, on Information Society Services and Electronic Commerce and subsequent amendments.

DECREE 75/2020, of August 4, on tourism in Catalonia.

Your comments and suggestions are welcome. Please send us such comments and suggestions through our contact form.

In addition, we have official complaint forms available to consumers and users. You can request them by calling our contact telephone number +34 629373380 or by e-mail to info@wsc.cat.

The language applicable to these general conditions, as well as its Annexes or the contracts or documents derived from them is Catalan. Therefore, in the event of any contradiction in any of the versions provided in other languages, the Catalan version shall prevail.


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