The purchase of an activity at the website capamarbcn.com, property of Cap a Mar, implies the formalization of a contract. This contract contains a series of general conditions that are detailed below and are accepted at the time the purchase is done.
A.- THE TICKET
1.- General provisions
1.1.- Only the passenger whose name is in the activity’s confirmation e-mail (from now on, called ticket) will be transported. The passenger may be asked for the corresponding identification (National Document of Identification, Passport or an equivalent ID card).
1.2.- The ticket is not transferable.
1.3.- Some tickets are sold with discounts or can be partially or totally non-refundable.
1.4.- In every moment the ticket is the property of the carrier who issues it.
1.5.- Passengers will not have the right to be transported if the ticket is damaged or has been modified.
1.6.- In case of loss or damage of a ticket (or part of it) by the passenger or that he does not present a ticket that contains the passenger’s coupon and all the coupons of the excursion or activity without having been used, Cap a Mar, at the request of the customer, will replace that ticket (or part of it) with a new one as long as evidence exists, conveniently presented, that a valid ticket for an excursion or activity was purchased.
1.7.- When evidence does not exist or when the passenger does not sign the agreement to proceed to the ticket’s replacement, the company that issues it can request the passenger to pay the whole price of the activity ticket, invoking the right of a refund as long as the company that has issued the original ticket accepts that the lost or damaged ticket has not been used before the expiry date of its validity or in case the passenger finds the original ticket before the expiry date of its validity.
1.8.- A ticket is a valuable object and the passenger has to take appropriate measures to preserve and make sure it is not lost or stolen.
2.- Validity of the ticket
2.1.- The ticket is only valid from the issuance date until the day of the excursion or activity hired.
2.2.- The ticket bought is only valid for the excursion or activity that it is indicated in the ticket.
2.3.- In case the passenger wants to modify any aspect, he has to contact Cap a Mar via www.capamarbcn.com previously. The price for the new excursion or activity will be calculated and the option to accept the new price or to keep the original purchase as appeared in the ticket will be given to the passenger.
2.4.- The passenger has to be conscious that, while some types of modification will not change the price, others can increase it. A lot of prices are only valid on the dates and activities shown in the ticket and under no circumstances can be modified; in case of being modified, an additional amount will be paid.
2.5.- The passenger has to know that in case of not arriving at the indicated hour for the excursion or activity, the ticket price will not be refunded.
2.6.- The passenger has to know that in case of wanting to come back before the trip’s finalisation hour that is shown on the ticket, an additional amount of money proportional to the economic losses generated to the ship will have to be paid.
3.- Price and acquisition of the ticket
3.1.- The ticket’s acquisition will be made via www.capamarbcn.com in such a way that the sale, reservation and credit or debit card or PayPal payment will be made simultaneously.
3.2.- The payment methods allowed are by credit or debit card and PayPal.
3.3.- At the moment of the ticket’s purchase, the passenger will be notified by e-mail the excursion’s programmed hour and the characteristics of the product or activity just purchased.
3.4.- The purchase confirmation e-mail will have full validity as ticket and it will be presented in any support whenever is required.
3.5.- The price only applies to the excursion or activity purchased, unless otherwise indicated. The price does not include other additional services that can be offered during the excursion or activity purchased.
3.6.- The taxes and applicable duties that the passenger has to pay are the taxes imposed by governments or other authorities or the operators. All the taxes, duties and fees are included in the ticket’s price. Moreover, in case that any tax, duty or fee that the passenger has paid at the time of issuance of the ticket has been deleted or reduced and it is currently not applied or the amount has been lowered, the passenger will not have the right to claim the refund of the corresponding amount.
3.7.- The ticket’s price, the taxes, the duties and the fees are paid in the coin used in the country where the ticket is issued, unless another coin is indicated, before or at the time of payment (if the local coin is not convertible, for example). The payment in another coin can be accepted at the discretion of Cap a Mar.
B.- REFUND POLICY
1.1.- It will only be refunded the whole ticket or part of it if the activity planned has been cancelled by the company before the moment of embarking in the ship. No other circumstance entitles the refund of the amount.
1.2.- The refund will be made in the same way that the customer has made the payment and to the person whose name is in the ticket or to the person who has paid it.
1.3.- The ship’s skipper has the power to cancel the activity at the moment of the encounter with the participants due to unfavourable weather conditions or when a prediction of adverse conditions exists. In this case, 100% of the activity’s amount will be refunded or the passenger will be summoned for another day.
1.4.- Due to the fishing activity characteristics, embarking schedules will be scrupulously respected. Participants who are not in the place and time previously agreed will not be awaited. If the participants are late, the ticket’s amount will not be refunded.
1.5.- When the hired ship for any kind of excursion has departed from the port, the activity will be considered as initiated and there will be no right to refund if the skipper feels obligated to cancel or modify the activity due to weather or security causes.
1.6.- The ticket will not be refunded in case of loss or theft, as well as the request is made after the validity of the ticket has expired.
1.1.- The acquisition of a ticket for any kind of ship excursion comes with personal accidents insurance.
1.2.- The identification system will be the ticket purchased.
1.3. The coverage includes the boarding, the navigation and the landing.
1.4.- The characteristics are:
Died by accident: 30,000.00€.
Permanent disability by accident: 60,000.00€.
Healing, rescue and transfer expenses: 6,000.00€.
In any case, Cap a Mar is exempted from liability of any risk uncovered or insufficiently covered in the contract signed by the ship’s owner.
D.- SCHEDULES AND CANCELLATION OF EXCURSIONS
1.1.- At the moment of purchasing the ticket, the passenger will be informed of the hour programmed for the excursion or activity valid at that moment and that hour is what will appear in the ticket. It is possible that the hour has to be changed or even cancelled after the ticket’s issuance, given that the activities, which are carried out in a natural environment and with different types of people, are subdued to possible previous or on-site variations (the participants’ physical condition, meteorology, the possibility of risk of the passengers’ physical integrity, the fishing situation…). These changes do not give the rights to compensation.
1.2.- If the passenger has given the right contact information, the company will notify these changes. If after the passenger has purchased the ticket, the company makes a significant change in the time of the programmed activity that the passenger does not accept and Cap a Mar cannot sell a ticket for an alternative activity that is acceptable for the passenger, the right of a refund can be claimed.
1.3.- Cap a Mar will take all necessary measures to avoid delays in the excursions and other hired activities. In the implementation of these measures and to prevent the cancellation, in exceptional circumstances, a ship similar to the one that has been hired can be available.
E.- RULES OF VISITATION AT BARCELONA’S FISHING PORT
· Respect circulation rules and way signposting.
· Give way preference to the machinery that is working.
· Follow security signals.
· It is not allowed to get close to the pier without the group.
· It is not allowed to get close to the zones where loading and unloading operations are being carried out or zones where goods are being manipulated with cranes, fork-lifts or containers if you are not with personal from La Cofradía de Pescadores de Barcelona (Barcelona Fishermen’s Association).
· It is not allowed to get close to any electrical installation.
· It is not allowed to get close to the goods under any circumstances.
· The personal identification provided will be visible at every moment.
· There are restricted areas.
· It is not allowed to take pictures of boat members or the people in the fishery without their consent.
· The Fishing Port, due to health and hygiene regulations, strictly forbids touching the fish and the rest of the products exposed.
· In any case, group members will follow without exception any order gave by La Cofradía de Pescadores de Barcelona and the person in charge of the visit.
F.- BEHAVIOUR ON THE SHIPS
1.1.- The ship will not come back to the port until the fishing hours or the excursion have ended. The activity’s development will only be modified due to meteorological or security causes, at the discretion of the skipper.
1.2.- The orders of the skipper or the person in charge of security on board will be strictly followed regarding:
The use of life jackets and supposed abandonment of the ship.
Restricted spaces and tasks during the manoeuvres and the navigation.
Fish mobility and handling and all those aspects that affect the security of the activity’s participants.
1.3.- If, according to our reasonable judgement, the passengers’ behaviour on board endangers the security of the ship or of any person or property, obstructs the crew’s performance in the compliance of its functions or does not adjust to the crew’s orders, or causes discomfort, trouble, damages or injuries to the passengers or crew, just as any property, the skipper of the ship can take the measures he considers reasonably required to prevent the continuity of that behaviour, including coercive measures. Passengers can be disembarked anywhere, denying them the transport, and legal action for the infractions committed on board can be interposed against them.
1.4.- The passenger will compensate Cap a Mar, or if that is the case, the ship hired for all the incurred costs due to the passenger’s inadequate behaviour on board. If a drift to an unplanned place was needed because of the passenger’s behaviour, the resolution may imply the delivery of the passenger to security agents or legal authority at the place of drift.
1.5.- If as a result of the passenger’s behaviour, the crew decides to change the course to disembark him, the passenger will have to pay all the incurred costs and expenses, regardless of their type, as a result, or as a product of this drift. If the passenger causes any type of damage or his actions cause that Cap a Mar or the hired ship incurs in any cost, the company will make him responsible of this cost, damage or other responsibility incurred. Cap a Mar or the hired ship may require from the passenger the costs in which he has incurred as a result of the presents dispositions, reserving the convenient legal actions to recover the costs before the proper courts.
1.6.- It is not allowed for the passengers the consumption of alcoholic beverages on the ships when the alcohol has been provided by the passengers or third persons.
G.- CLOTHING AND PERSONAL OBJECTS
1.1.- Appropriated and comfortable clothes have to be worn to spend the day at sea, especially on some of the excursions. It is recommended to wear shoes that cover the whole foot with a sole made of rubber, a cap with a visor or a hat. In some seasons of the year and depending on the weather conditions is also recommended to have a change of clothes and at least one impermeable coat.
1.2.- Passengers do not have to carry on the ships:
Objects that can endanger the security of the ship, people or on-board properties.
Objects that are prohibited by law or applicable regulations in maritime security.
Objects that the ship’s skipper considers reasonably inappropriate because they are dangerous or unsafe due to its weight, size, shape or character, or that are fragile or perishable considering, among other things, the type of excursion or the hired ship.
1.3.- The ship’s skipper can refuse to allow to on the ship all those objects that are reasonably considered not suitable to be on board due to their size, shape, weight, contents and character, for security or operational reasons, or other passengers’ comfort.
1.4.- It is not allowed the boarding of any type of animal or pet (except assistance dogs).
1.5.- Cap a Mar does not take responsibility for any loss or damage that affects any object or clothing that the passenger has decided to bring on board.
H.- SPECIAL ASSISTANCE
1.1.- Underage children are obligated to have the corresponding permission or to be accompanied by a responsible person (father, mother or legal guardian). The activity is recommended for over 16 years.
1.2.- Passengers with functional diversity like reduced mobility, psychological or sensory disorder, food allergies, pregnant women, sick people or other people who require assistance will have to contact with Cap a Mar, that will study every particular case, before purchasing the ticket, in order to analyse if the activity that they are intending to hire adjusts to the special circumstances, committing to do everything possible to offer the best solution. Otherwise, the company reserves the right of admission.
1.3.- Special meals different from the ones hired will not be offered on board. Still, the right of modifying the menus without prior notice due to the special characteristics that happen in the activity is reserved. In this case, we assume no responsibility to the passenger.
1.4.- It is suggested that passengers with health problems consult a doctor before going on certain boat excursions, especially in 12-hour fishing days, and that they take the corresponding preventive measures.
1.5.- If you suspect you can get travel sickness, it is recommended to take some medicine before the activity to prevent it.
1.6.- The special assistance is not part of the contract and Cap a Mar will assume no responsibility if it does not or cannot accomplish with this request and the right to deny the embarkation is reserved.
I.- RIGHT TO DENY THE TRANSPORT
1.1.- The ship’s skipper can refuse to embark the customer for security reasons or, applying his reasonable judgement and at any point of the activity, can refuse to transport the customer if some of the following situations happen, or we reasonably think they can happen, without the obligation to refunding the ticket:
The passenger does not obey the laws, regulation or the applicable governmental dispositions.
The transport of passengers can endanger security and health or materially affect the comfort of the other passengers or crew.
If the passenger’s mental or physical health, including the problems caused by alcohol or drugs, poses a danger or risk to himself, to the other passengers and/or the crew or the properties of the passengers or crew.
The passenger has used threatening, abusive or insulting words and/or has had a threatening, abusive insulting or undisciplined behaviour towards a member of our staff or a member of the ship’s crew or other passengers.
The passenger is, or the ship’s skipper reasonably thinks so, in possession of illegal drugs or any other illegal substance.
The passenger has endangered or can endanger the security of the ship and/or of any other person on board.
The passenger has committed an offence during any phase of the process.
The passenger has behaved incorrectly in a previous activity and there are reasons to believe that this behaviour can be repeated.
If the passenger has refused to prove his identity.
The passenger has not paid the ticket’s price.
The passenger does not seem to have the ticket in order or refuses to present it to the ship’s crew or to the activities’ staff on land when it is requested and/or has the documents expired that does not meet the requirements or governmental regulations in effect or that are false, either by identity theft or by document forgery.
1.2.- The ticket presented:
Has been illegally acquired or was purchased to a company that is not Cap a Mar or that does not have any agreements with it.
There is information proving that it is a lost, damaged or false ticket.
The ticket has been modified or damaged.
1.3.- At the moment of embarking the passenger asks for special assistance that had not been asked and confirmed before.
1.4.- The passenger has not respected any of the applicable instructions and dispositions regarding security issues.
1.5.- At the moment of presenting the ticket, the passenger cannot demonstrate that he is the person whose name is in it.
J.- PERSONAL INFORMATION
1.1.- To the extent that the applicable law allows, the passenger, to make a reservation, authorises Cap a Mar to keep all the personal information that has been provided for the ticket’s issuance. Also, the company is authorised to transmit this information to the suppliers of the hired services.
1.2.- Cap a Mar reserves the right to use photography taken during the activities’ development for its later exclusive use for the company’s marketing. The participants who do not want to be photographed have to notify it before initiating the activity or via an e-mail to firstname.lastname@example.org.
K.- FINAL PROVISION
1.1.- No agent, employee, representative or supplier from Cap a Mar will not have the authority to alter, modify or waive in any form of the provisions of this contract or the general conditions.
1.2.- With the purchase of a ticket, the assumption by the client of all the sections that form the current General Conditions is assumed.