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Refund/Cancellation Policy

Last updated: April 19, 2023

Thank you for using our services, we hope you are satisfied with them. However, if for any reason you are not completely satisfied with your service, you may request a full refund, receive store credit, or make an exchange. You can be reimbursed for a certain service as long as you qualify for it. See below for more information on our refund policy.

cancellations
In the case of cancellations initiated by the client more than 14 days prior to the reservation, no cancellation fees will be applied to the final amount of the reservation. If the cancellation occurs between 14 days and 48 hours before the reservation, a cancellation fee of 50% will be applied to the final amount of the reservation. However, if the cancellation occurs less than 48 hours before the reservation, a cancellation fee of 100% of the final amount of the reservation will be applied. In cases of force majeure, such as serious illness or accident, no cancellation fees will be applied, as long as a Spanish medical certificate is presented as proof of the illness or accident.

Caribia Sailing may also initiate cancellations in specific circumstances. In cases of bad weather conditions, such as rain throughout the day, waves of 2 meters or more, or constant winds of 25 knots or more, we will determine the cancellation based on the most accurate weather forecast available the day before the trip. In addition, in cases of force majeure, such as any problem or event that makes the trip impossible or poses a risk to the safety of the client, the ship or the crew, Caribia Sailing reserves the right to cancel the reservation.

refund process

At Caribia Sailing, we offer boat trips that, unlike returnable products, are non-refundable once completed. Refunds are only applicable for cancellations made before the trip. We are committed to providing a professional and fair cancellation process for our customers, ensuring that refunds are processed in a timely manner where appropriate.

After receiving your request for reimbursement and checking whether you qualify, we will process your request. Please allow us four to seven (4-7) days to process your refund. Also, it can take 2-5 days for refunds to appear on your credit card statement, depending on your credit card company. Regarding payments made through bank transfers, the refund process can take between 1 and 3 business days. We will notify you by email when your refund has been processed.

You will receive a full refund of your purchase within one week of approval. You will receive the refund through the same payment method that you used to make the purchase. If for any reason Caribia Sailing is unable to issue a refund via your initial payment method, we will either provide the equivalent credit value or provide an alternative method of refund. Please note that some payment methods available in your jurisdiction may not allow a refund of a purchase through the original payment method.

How to Request a Refund

You can request a refund or get other assistance with your purchases at [email protected].

questions

If you have any questions concerning our Refund Policy, please contact us at [email protected].

Revision Date

This Refund Policy was last updated on 19 April 2023 (“Revision Date”). If you were a user before the Revision Date, it replaces the existing Refund Policy.

Cookie Policy

We use cookies to help improve your experience of our website at https://caribia.es. This cookie policy is part of Caribia Sailing's privacy policy. It covers the use of cookies between your device and our site.

We also provide basic information on third-party services we may use, who may also use cookies as part of their service. This policy does not cover their cookies.

If you don't wish to accept cookies from us, you should instruct your browser to refuse cookies from https://caribia.es. In such a case, we may be unable to provide you with some of your desired content and services.

What is a cookie?

A cookie is a small piece of data that a website stores on your device when you visit. It typically contains information about the website itself, a unique identifier that allows the site to recognize your web browser when you return, additional data that serves the cookie's purpose, and the lifespan of the cookie itself.

Cookies are used to enable certain features (eg logging in), track site usage (eg analytics), store your user settings (eg time zone, notification preferences), and to personalize your content (eg advertising, language).

Cookies set by the website you are visiting are usually referred to as first-party cookies. They typically only track your activity on that particular site.

Cookies set by other sites and companies (ie third parties) are called third-party cookies They can be used to track you on other websites that use the same third-party service.

Types of cookies and how we use them

essential cookies

Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts, and payment processing.

We do not use this type of cookie on our site.

performance cookies

Performance cookies track how you use a website during your visit. Typically, this information is anonymous and aggregated, with information tracked across all site users. They help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience's overall website experience. These cookies may be set by the website you're visiting (first-party) or by third-party services. They do not collect personal information about you.

We use performance cookies on our site.

functionality cookies

Functionality cookies are used to collect information about your device and any settings you may configure on the website you're visiting (like language and time zone settings). With this information, websites can provide you with customized, enhanced, or optimized content and services. These cookies may be set by the website you're visiting (first-party) or by third-party services.

We use functionality cookies for selected features on our site.

Targeting/advertising cookies

Targeting/advertising cookies help determine what promotional content is most relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you're visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service.

We do not use this type of cookie on our site.

Privacy Policy

Your privacy is important to us. It is Caribia Sailing's policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website, https://caribia.es, and other sites we own and operate.

Personal information is any information about you which can be used to identify you. This includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use a website or online service.

In the event our site contains links to third-party sites and services, please be aware that those sites and services have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. This Privacy Policy does not apply to any of your activities after you leave our site.

This policy is effective as of April 17, 2023.

Last updated: 17 April 2023

Information We Collect

Information we collect falls into one of two categories: 'voluntarily provided' information and 'automatically collected' information.

'Voluntarily provided' information refers to any information you knowingly and actively provide us when using or participating in any of our services and promotions.

'Automatically collected' information refers to any information automatically sent by your devices in the course of accessing our products and services.

log data

When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your device's Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details about your visit.

Additionally, if you encounter certain errors while using the site, we may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even at the moment they occur, that they have occurred, or what the nature of the error is.

Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.

Device Data

When you visit our website or interact with our services, we may automatically collect data about your device, such as:

  • Device Type
  • operating system
  • Geo-location data

Data we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

Staff Information

We may ask for personal information — for example, when you subscribe to our newsletter or when you contact us — which may include one or more of the following:

  • Yam
  • E-mail
  • Phone/mobile number

User-Generated Content

We consider 'user-generated content' to be reviews, ratings, image, and/or video materials voluntarily supplied to us by our users for the purpose of publication on our website or re-publishing on our social media channels. All user-generated content is associated with the account or email address used to submit the materials.

Please be aware that any content you submit for the purpose of publication will be public after posting (and subsequent review or vetting process). Once published it may be accessible to third parties not covered under this privacy policy.

Legitimate Reasons for Processing Your Personal Information

We only collect and use your personal information when we have a legitimate reason for doing so. In which instance we only collect personal information that is reasonably necessary to provide our services to you.

Collection and Use of Information

We may collect personal information from you when you do any of the following on our website:

  • Purchase any products and/or services
  • Purchase a subscription
  • Sign up to receive updates from us via email or social media channels
  • Use a mobile device or web browser to access our content
  • Contact us via email, social media, or on any similar technologies
  • When you mention us on social media

We may collect, hold, use and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:

  • to provide you with our platform's core features and services
  • to enable you to customize or personalize your experience of our website
  • to process any transactional or ongoing payments
  • to deliver products and/or services to you
  • to contact and communicate with you
  • for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you

We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, If you provide us with your location, we may combine this with general information about currency and language to provide you with an enhanced experience of our site and service.

Security of Your Personal Information

When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.

Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure and no one can guarantee absolute data security.

You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services. For example, ensuring you do not make your personal information publicly available via our platform.

How Long We Keep Your Personal Information

We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this privacy policy. For example, if you have provided us with personal information such as an email address when contacting us about a specific inquiry, we may retain this information for the duration of your inquiry remaining open as well as for our own records so we may effectively address similar inquiries in future. If your personal information is no longer required for this purpose, we will delete it or make it anonymous by removing all details that identify you.

However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.

Children's Privacy

We do not aim any of our products or services directly at children under the age of 13 and we do not knowingly collect personal information about children under 13.

Disclosure of Personal Information to Third Parties

We may disclose personal information to:

  • a parent, subsidiary or affiliate of our company
  • third-party service providers for the purpose of enabling them to provide their services including (without limitation) IT service providers, data storage, hosting and server providers, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing providers, professional advisors, and payment systems operators
  • our employees, contractors, and/or related entities
  • our existing or potential agents or business partners
  • credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
  • courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights
  • third parties, including agents or sub-contractors who assist us in providing information, products, services, or direct marketing to you
  • third parties to collect and process data
  • an entity that buys, or to which we transfer all or substantially all of our assets and business

Third parties we currently use include:

  • Google Analytics
  • meta pixel
  • MailChimp
  • Stripe
  • Google Payments
  • Apple Pay
  • TuriTop
  • Elementor
  • Hostinger
  • TranslatePress

International Transfers of Personal Information

The personal information we collect is stored and/or processed in Spain, or where we or our partners, affiliates, and third-party providers maintain facilities.

The countries to which we store, process, or transfer your personal information may not have the same data protection laws as the country in which you initially provided the information. If we transfer your personal information to third parties in other countries: (i) we will perform those transfers in accordance with the requirements of applicable law; and (ii) we will protect the transferred personal information in accordance with this privacy policy.

Your Rights and Controlling Your Personal Information

Your choice: By providing personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this privacy policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our website or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about someone else, you represent and warrant that you have such person's consent to provide the personal information to us.

Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.

Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example processing and fulfilling orders), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.

Downloading Personal Information: We provide a means for you to download the personal information you have shared through our site. Please contact us for more information.

Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.

Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details provided in this privacy policy, or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.

Use of Cookies

We use 'cookies' to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified.

Please refer to our Cookie Policy for more information.

Business Transfers

If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.

Limits of Our Policy

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.

Changes to This Policy

At our discretion, we may change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here at the same link by which you are accessing this privacy policy.

If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.

Additional Disclosures for General Data Protection Regulation (GDPR) Compliance (EU)

Data Controller / Data Processor

The GDPR distinguishes between organizations that process personal information for their own purposes (known as “data controllers”) and organizations that process personal information on behalf of other organizations (known as “data processors”). We, Caribia Sailing, located at the address provided in our Contact Us section, are a Data Controller with respect to the personal information you provide to us.

Legal Bases for Processing Your Personal Information

We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly and in a transparent manner. If we seek your consent to process your personal information, and you are under 16 years of age, we will seek your parent or legal guardian's consent to process your personal information for that specific purpose.

Our legal bases depend on the services you use and how you use them. This means we only collect and use your information on the following grounds:

Consent From You

Where you give us consent to collect and use your personal information for a specific purpose. You may withdraw your consent at any time using the facilities we provide; however this will not affect any use of your information that has already taken place. You may provide a physical address for the purpose of receiving orders. While you may change or delete this address at any time, this will not affect orders that have already been sent. If you have any further inquiries about how to withdraw your consent, please feel free to inquire using the details provided in the Contact Us section of this privacy policy.

Performance of a Contract or Transaction

Where you have entered into a contract or transaction with us, or in order to take preparatory steps prior to our entering into a contract or transaction with you. For example, if you purchase a product, service, or subscription from us, we may need to use your personal and payment information in order to process and deliver your order.

Our Legitimate Interests

Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.

Compliance with Law

In some cases, we may have a legal obligation to use or keep your personal information. Such cases may include (but are not limited to) court orders, criminal investigations, government requests, and regulatory obligations. If you have any further inquiries about how we retain personal information in order to comply with the law, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.

International Transfers Outside of the European Economic Area (EEA)

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

Your Rights and Controlling Your Personal Information

restrict: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.

Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.

Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may also have the right to request that we transfer this personal information to a third party.

Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our website or products and services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request. If you terminate or delete your account, we will delete your personal information within 30 days of the deletion of your account. Please be aware that search engines and similar third parties may still retain copies of your personal information that has been made public at least once, like certain profile information and public comments, even after you have deleted the information from our services or deactivated your account.

contact us

For any questions or concerns regarding your privacy, you may contact us using the following details:

Caribbean Sailing
[email protected]

Acceptable Use Policy

This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by Caribia Sailing under any ongoing agreement. It's designed to protect us, our customers and the general Internet community from unethical, irresponsible and illegal activity.

Caribia Sailing customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obligated to report such customers to the relevant authorities.

This policy was last reviewed on 17 April 2023.

fair use

We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged or capacity may be restricted.

We are opposed to all forms of abuse, discrimination, rights infringement and/or any action that harms or disadvantages any group, individual or resource. We expect our customers and, where applicable, their users (“end-users”) to similarly engage our Products with similar intent.

Customer accountability

We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer's permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer's failure to put in place reasonable security measures.

By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventive action we deem appropriate without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.

Prohibited activity

Copyright infringement and access to unauthorized material

Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn't limited to:

  1. any material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and
  2. any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.

SPAM and unauthorized message activity

Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn't limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.

Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn't limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner's express permission must be available for the lifespan of the messaging list.

We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.

This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer's behalf, that directly or indirectly refer the recipient to a site hosted via our Products.

Unethical, exploitative, and malicious activity

Our Products must not be used for the purpose of advertising, transmitting or otherwise making available any software, program, product or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn't limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing and denial-of-service attacks.

Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (eg “hacking”, “cracking”, “phreaking”, etc.) .

Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.

Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of or discriminate against any group or individual.

Other activities considered unethical, exploitative and malicious include:

  1. Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
  2. Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
  3. The unauthorized access, alteration or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
  4. Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
  5. Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography or threaten anyone's health and safety;
  6. Any act or omission in violation of consumer protection laws and regulations;
  7. Any violation of a person's privacy.

Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; drug trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatever who support the above such activities or causes.

Unauthorized use of Caribia Sailing property

We prohibit the impersonation of Caribia Sailing, the representation of a significant business relationship with Caribia Sailing, or ownership of any Caribia Sailing property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage or user trust.

About this policy

This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.

We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earliest of:

  • the date the customer uses our Products after we publish the revised version on our website; or
  • 30 days after we publish the revised version on our website.
 

Terms of Service

These Terms of Service govern your use of the website located at https://caribia.es and any related services provided by Caribia Sailing.

By accessing https://caribia.es, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Caribia Sailing.

We, Caribia Sailing, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 19 April 2023.

Description of service

Caribia Sailing operates an online reservation platform for travel experiences, excursions, and activities available at https://caribia.es. The platform enables users to explore various offerings from tourism service providers and secure reservations. In this capacity, Caribia Sailing solely functions as an intermediary between the user seeking to book an experience and the provider of travel-related services. Caribia Sailing does not participate as a contractual party in the agreement established between the user and the provider of tourism activities and amenities.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
  2. remove any copyright or other proprietary notations from any materials and software on this website;
  3. transfer the materials to another person or “mirror” the materials on any other server;
  4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Caribia Sailing provides;
  5. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  6. use this website or its associated services in violation of any applicable laws or regulations;
  7. use this website in conjunction with sending unauthorized advertising or spam;
  8. harvest, collect or gather user data without the user's consent; or
  9. use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Caribia Sailing and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Caribia Sailing at any time.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content but we do require a license from you in order to use it.

When you use our website or its associated services to post, upload, share or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute , modify, run, copy, publicly display, translate or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

Please note that we cannot be held liable for the conduct of our users. We strive to protect our platform with reasonable measures mainly designing various layers of verifications and high-quality filters, however, we cannot guarantee a perfect customer experience. We are not liable for any fraudulent users and their actions, any such users violate the hereby Terms of Service and will be permanently removed from our platform.

The license you grant us can be terminated at any time by deleting your content. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

payments

When booking a service with us you are required to provide your financial information relevant to the chosen payment method, in some cases, you may be requested to provide your credit card details. Please note that payments made via credit cards, Apple Pay and Google Pay will be processed by Stripe, as such, we will not be responsible for processing or retaining any of your financial information. Stripe will handle all of your financial information per their respective Terms of Service, and you agree to comply with such Terms of Service.

Booking procedure

The display of products and services on the Caribia Sailing booking platform represents a non-binding online catalog rather than a legally binding offer to enter into a sales agreement. By clicking the “book now” button, the client submits a binding booking for the tours and services in the shopping cart, verifying the accuracy and correctness of the information provided.

Once a successful booking and payment have been completed, Caribia Sailing promptly sends a confirmation email to the client, acknowledging receipt of the booking request and payment, and informs the provider of the booked tour or service about the request.

From that moment, the provider has up to 48 hours to either accept or decline the request. If the provider accepts the request, a binding contract between the client and the provider is established. The subsequent confirmation of acceptance and the delivery of the purchased item via email to the client serve as evidence of the provider's agreement to the offer. In the rare event that the provider declines the offer, no contract is formed between the provider and the client, and Caribia Sailing will reimburse the client for the full booking price.

Disclaimer and Limitations of Liability

Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, Caribia Sailing makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property , or other violation of rights.

In no event shall Caribia Sailing or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Caribia Sailing or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, actual or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Caribia Sailing makes no warranties or representations about the accuracy or completeness of the site's content or the content of any websites linked to this site and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2 ) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6 ) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

Caribia Sailing does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

In no event will Caribia Sailing or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data , or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Please note that we will not be held liable in the event of an accidental data breach, or intentional abuse by a third party.

Special Considerations and Safety Precautions

Bad Weather Conditions: In the event the captain deems weather or sea conditions to be unpleasant or hazardous, the charter may be rescheduled to another time or day. Alternatively, a full refund of 100% of the payment will be issued. Please note that this policy does not apply to cases of seasickness.

Insurance Coverage: The charter cost includes personal accident and 3rd party liability insurance, covering the minimum amounts required by local law. However, personal belongings are not insured, and the charter will not return to retrieve them. Any loss or damage to personal items is the responsibility of the guest, who should consider making a claim through their travel insurance.

Medical Concerns: Guests with medical conditions or a weight that, in the captain's opinion, may pose a risk of injury to themselves or other passengers in the event of a fall, will be denied access to the boat. If the guest has informed us in advance, a full refund will be issued. Failing to notify us beforehand and being denied access will result in no refund. This aims to prevent potential accidents, such as serious injury or death, resulting from a guest's fall.

Allergies and Medical Issues: Guests are requested to inform us of any food allergies, illnesses, or significant medical conditions. It is essential to bring along the appropriate medications and have someone trained to administer them. Please alert the captain of any potential problems beforehand.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Caribia Sailing does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website. You should not rely solely on the said materials to make decisions, we advise you to consult other, more complete sources of information. You are solely responsible for the strict reliance on the materials posted on our website. We have the right to change the information on our website without prior notice and users are responsible to monitor said changes. Any historical information present on our website is provided for reference only.

Additional Tools

Please note that our website may include third-party tools which are outside of our control. The access to said tools is provided on an 'as is' basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our website. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider's Terms of Service. Caribia Sailing has the right to offer new third-party tools in the future.

links

Caribia Sailing has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Caribia Sailing of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Inaccuracies and Mistakes

Please note that any content available on our website may contain typographical errors, inaccuracies or mistakes related to the service's description, pricing, promotion, and availability. We have the right to cancel or update any existing services should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obliged to clarify any of the information related to our website and service, including pricing information, except as required by law.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys ' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act towards any other user of the website with whom you connected via the website.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining supplies. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the website. You agree that these Terms of Service will not be constructed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Governing Law

These Terms of Service are governed by and constructed in accordance with the laws of Spain. You irrevocably submit to the exclusive jurisdiction of the courts in that location.