Terms of service of Delta Sail
Last updated 05/01/2020
Welcome to Delta Sail!
Following are the general conditions governing the service (hereinafter “conditions“) are detailed through the use and access to www.deltasail.club (hereinafter “web“), other domains associated with it as www.deltasail.com, www.deltasail.es and mobile application (hereinafter “app“) that are called “platform”, as a whole, and are owned by ALBERT VAL LLERENA (hereinafter “DS“).
Also, content and services usually offered by yacht clubs, sailing schools, sailing clubs and other providers of services related to water sports or recreation (all hereinafter referred to as “collaborators clubs“) are also detailed.
Through the platform, DS offers made available to subscribers to the Delta Sail Service (hereinafter “user” or “users“) access and use of services, activities and / or products available through the web of DS by collaborators clubs, such as transfers of material courses, racing, and other activities (hereinafter “activity” or “activities“).
Among the activities offered by certain partners clubs that have cruise ships they can be understood cruise departures professional instructor with the partner club itself (hereinafter “navigation outputs“). These outputs are typically navigation related to specific practices, such as initiation navigation cruise, the race preparation, the use of the spinnaker and other issues.
The platform is designed so that the user provided a personal account ( “user account“) which can be accessed by its own password and through it manage its activities.
Delta Sail is not a yacht club, sailing school, yacht club, or any other entity that denote an associative or sporting activity. Also, neither it owns nor manages is any of the activities offered on the web.
The platform is designed to raise awareness and facilitate the recruitment of the activities offered by collaborators clubs accommodating the preferences of the user through different offers service subscription ( “Subscription modalities“). Thus, the user can access these activities by paying the regular amount corresponding to the subscription form ( “subscription fee“) chosen.
You should read these conditions carefully before accessing and contract services offered on the website of DS.
- Purpose of the service and the contract
Through its platform, DS and allows easy access, book and hire organized activities offered and operated by collaborators clubs (hereinafter the “DS service”).
- Delta Sail platform
DS may decide the collaborator clubs and activities that make up the DS service offered to users, may at any time add new clubs and activities currently offered to modify its conditions or without them.
- Acceptance of Terms
With access to the web, filling in the registration form and express acceptance of the conditions of the DS service, the user gives obliged to accept and strict compliance.
In addition to the general conditions, you acknowledge and agree that certain additional, particular and specific conditions unrelated to the DS service may be established by employees or third parties clubs involved in the service and shall in such a case the user comply with these conditions as they will be communicated by DS, the partner club or the third party involved.
- Subscription to the service
The user has several options for hiring the DS service that enable you to adhere to the various forms of subscription.
- Terms of subscription
Modalities DS subscription service and the specific content of each is as follows:
- Subscription mode “Green”
- The user can access and perform the activities organized by partners clubs registered in this mode.
- The user will have the privileges Sail Delta has agreed with partners clubs belonging to this modality.
- Subscription mode “Turquoise”
- The user can access and perform the activities organized by partners clubs registered in this mode as well as corresponding to reviewers clubs registered in the category “Green”.
- The user will also have the privileges Sail Delta has agreed with the clubs belonging to this modality agreed with the clubs belonging to the mode “Green”.
- Users are entitled to make one (1) free navigation output to the month in one of the collaborators clubs included in the form.
- Subscription mode “Blue”
- The user can access and perform the activities organized by partners clubs registered in this mode as well as corresponding to reviewers clubs registered in the categories “Turquoise” and “Green”.
- The user will have the privileges Sail Delta has agreed with the clubs belonging to this type, as well as the clubs belonging to the modalities “Turquoise” and “Green”.
- Users will be entitled to two (2) outputs month free navigation in one of the collaborators clubs included in the form.
- Users are entitled to obtain a federal license through the select club if you commit to a stay in the mode selected subscription to the least six (6) months.
- Users can enjoy discounts of up to 15% in boat rentals through www.naumaris.com.
- Subscription mode “Purple”
- The user can access and perform the activities organized by partners clubs registered in this mode as well as corresponding to reviewers clubs registered in the categories “Blue”, “Turquoise” and “Green”.
- The user will have the privileges Sail Delta has agreed with the clubs belonging to this type, as well as the clubs belonging to the modality “Blue”, “Turquoise” and “Green”.
- Users will be entitled to four (4) outputs of the month free navigation in one of the collaborators clubs included in the form.
- Users are entitled to obtain a federal license through the select club if you commit to a stay in the mode selected subscription to the least three (3) months.
- Users can enjoy discounts of up to 15% in boat rentals through naumaris.com.
The privileges that the user will have access and which relate the different types of subscription generally comprise the use of facilities with the same rights and duties as members of the partner club.
- The prices charged for the transfer of equipment and materials or activities will be the same as that applied to members of the partner club.
- The user will have access to the facilities of the partner club aimed at partners, such as changing rooms, showers, gym, cafeteria-bar, restaurant, (The same you have access to a partner of the partner club itself).
In addition, the user can access certain promotional plans, activities, shopping or services not related to subscription DS or collaborators clubs could occasionally offer their own partners.
In all modes subscription, you agree that contributors may limit or clubs restrict access to certain equipment, materials or activities, or limit the time that users can access the facilities. All these particular criteria or conditions will be known through publication on the website of the club.
- Registration form and subscription
To hire the DS service and through the same access to the activities offered by collaborators clubs, the user must complete the registration form included in the platform, selecting the type of subscription. Filling in the registration form involves the determination of the means and timing of payment of the DS service, subscribing to it and express acceptance of the conditions.
- Subscription start
DS subscription service starts at the moment the user completes the form complete the registration form, as this would determine under its responsibility that qualifies for the DS user service. Your subscription will be monthly, monthly renewed automatically unless the user notifies DS cancellation by the system set up for it.
The user can change the mode of subscription or temporarily suspend the subscription in the manner and conditions are detailed below.
- Frequency of subscription
With the completion of the registration form proceed to authorize DS to proceed to debit monthly and the duration of the subscription, ie while not terminated or suspended, the amount corresponding to the monthly fee that has the form selected subscription.
- Modification of subscription
The user can modify any data on subscription by accessing information on it in the settings section of your user account.
In particular, the user must communicate promptly to DS any modifications made to the account by subscription, responsible to compensate DS for the costs incurred by the absence of such communication, originated in case of return or non-payment of fees subscription and those incurred in the claim of the subscription fees owed and the costs involved in such failure, all without prejudice to the right of DS to rescind the contract for default.
- Payment methods
The subscription fee shall be paid by the user through the established payment methods on the platform.
Specifically, the platform has integrated gateways such as Stripe for payment by credit card or PayPal.
- Changes in quotas
DS reserves the right to modify the quotas allocated to each type of subscription.
In the event of amendment of the quota, DS communicate the amount of the new fee to the user and the date from which such modification shall be effective. In any case the new quota will be communicated through the platform and through the communications system under this contract at the least one month prior to the implementation of the new quota.
It is understood that the user accepts the application of the new fee if within the DS does not notify the cancellation of the subscription form month’s notice.
Subscription fees are non-refundable.
- Other charges and fees
The user is responsible for paying any additional fee or charge corresponding to different services or complementary to those comprising the type of subscription chosen.
Corresponds to reviewers clubs communicate to the user the existence of additional services or rates or complementary to the characteristics of the type of subscription, DS being exonerated of any incident arising from the absence of such communication or lack of knowledge by the user ..
Also, user is also responsible for the payment of any service or tariff established by parties other than the DS service. Even those required for access to the platform such as internet connection fees, so DS is not liable for no connection, interruptions or deficiencies thereof, or for any other reason other than DS.
- Suspension and / or cancellation of subscription
- The user, by accessing the Settings section of your user account may temporarily suspend your subscription. The suspension may comprise an annual maximum consecutive period of six (6) months or alternate a year from the start of your subscription.
- The suspension of the subscription may be temporary or temporary active.
- The temporary suspension of the subscription will involve the use of user account and access to information DS, without payment of fee.
- Active temporary suspension of the subscription will involve the use of user account and access to information DS, with maintaining the privileges of their subscription form at the time of the reactivation of the subscription. Active temporary suspension behave fertilizer by the user of the maintenance fee equivalent to twenty percent (20%) of the corresponding fee to the type of subscription.
- In turn, the user can permanently cancel your subscription by accessing the Settings section of your user account. In such a case, the user can still use the DS service until the completion of the allowance in force at the time of cancellation, at which time it shall be effective the definitive cancellation of the subscription. From the effective date of cancellation, DS will unsubscribe to the user of the DS service will disable access to the DS service and abolish the post quota to the user, it being canceled the contractual relationship between DS and the user for all purposes.
DS may offer temporary promotions or incentives in order to promote awareness and use of the platform to future users or reward using the platform to the user.
- Using the DS Service
- Booking activities
According chosen sales charge mode, the user can access the activities offered by collaborators clubs stated in the corresponding section of the platform.
Through the platform and through your user account, you can select those activities that are of interest to each of the collaborators clubs have agreed with DS.
The user may enter or book the activities offered by the selected partner club. The reservation will not be formally effective as the partner club not expressly confirmed to the user. Reservation made and confirmed by the partner club, the user is subjected to the rules and criteria of the entity with respect to the concerted activity, exempting DS any related incidence therewith.
- Payment of activities
The user is responsible for payment of the amount of any additional amount the partner club required under the concerted activity, either by the use of certain materials, consumption or for any other reason.
DS only it provides access to user activity on the reserved date and scheduled time according to information provided by collaborators clubs regarding their planned activities and the planned dates for each.
Payment of the activities of collaborators clubs shown on the platform may vary depending on the form or method of payment that have established each of the partners clubs.
In order to optimize the DS service through the platform, DS may request the user and use accurate data on locations, including geographic location in real time from your computer or mobile device, provided that the user has consented.
- Geographical area
The DS service is active in the geographical area of Spain.
Any extension or geographical restriction of the DS service will be timely communicated to the user through the communications system under this contract.
- User obligations
- User account
The user account can be created by the user on the platform in order to be able to understand and manage their activities in the DS service. In particular, the user can access the activities of collaborators clubs, make reservations, evaluate the activity and its relationship with the partner club, and have a record of activities performed.
Each user can have only user account that is personal and not transferable, which can be modified through the Settings section of the self-employed and accessible via the Internet.
DS information provided to the user to create your user account must be truthful, accurate and be constantly updated. The user is solely liable to DS, contributors or third parties clubs for any incidents that may occur as a result of the breach of those obligations.
In any case the user may assign your user account or through facilitating third party access to activities, facilities or services of collaborators clubs, whatever the purpose or objective of the user, who will be solely responsible for the consequences that will arise from improper or negligent by him or by another unauthorized use of your user account.
- Restrictions and limitations
The user knows and accepts that the DS service provided through the platform is determined by agreements with partners clubs. Consequently, the user access to services and activities of each employee club may be restricted by reason of the agreement.
Likewise, accepts user access to services and activities of the partner club may suffer limitations or modifications specific and / or temporary by solely attributable issues management policy or criteria collaborator and foreign club to the will of DS itself. Consequently, the availability of all to any of the services and / or activities of collaborators clubs, scheduled or not, can be altered by specific decisions circumstantially collaborator club.
- Conditions specific activities and collaborators clubs
The user agrees and undertakes against DS and collaborators clubs to perform activities in top physical condition to develop and ability to deal with them, so will be solely responsible for any accident or damage to the user or cause to third parties both by the inappropriate use of facilities, equipment, materials, etc. as the practice of activities not appropriate to your health or fitness.
In addition to the duties and responsibilities to which the preceding paragraph, users should learn to know and, in any case, accept, exemptions, agreements and rules on liability of employees clubs. User involvement in any activity may be subject to rules or conditions in the partner club. You understand that if you do not accept these conditions collaborator club can restrict access to its facilities and / or activities themselves, and also request additional information, who must communicate this information and respond to their veracity.
To explore issues specific conditions the user can access the web of collaborators clubs and / or order of the staff responsible for the partner club.
You understand and agree that DS is not responsible for the use that the partner club can do with the information provided.
- Obligations and behavior
In addition to the obligation to accept, abide by and comply with the restrictions and / or limitations established by the collaborators clubs that permanent or ad hoc basis to establish and affecting the type of contract and / or activities or services established, the user accepts, undertakes and agrees:
- To comply with the general and specific conditions contained in this Agreement relating to the DS service platform and few standards or guidelines established by DS that may affect the service, its scope and configuration.
- Not to use the platform for purposes other than those provided or those legally or contractually they are not authorized. Obey, follow and comply with the guidelines and criteria set by DS behavior in using the platform and access to their services.
- To use your user account in accordance with the standards established by DS and / or collaborators clubs, so the user in no case may use it improperly or fraudulently, share it with third parties or use of any another user.
- A book, agree or cancel activities within its subscription mode offered or planned by collaborators clubs exclusively through the platform.
- To meet the standards of behavior, discipline and standards of conduct established by staff clubs, staff and partners, both in the use of its services and facilities, vessels, equipment, materials, etc. as in the preparation and development of activities scheduled or underway in which the user finds interested, involved or intervene in any way.
In order to implement improvements in the DS service, the user through the platform and by communications system provided, you can share information, conduct evaluations, send messages and post comments whose content in certain cases may be accessible by other users. However, DS reserves the right to modify, reject or delete the publication and any other content deemed inappropriate.
You agree and expressly agree that DS can use the messages, assessments and information it considers relevant for the dissemination and / or improvement of the DS service and even content or communicate such information to third parties.
- Attention to the user and communications system
By communication system provided, the user can contact DS through the following communication channels:
- By email: email@example.com.
- By user account.
DS will answer as soon as possible within office hours to the user: Monday to Friday from 9 to 18.30.
- Termination or modification of the DS service.
The user knows, accepts and agrees that in case of force majeure or outside DS, as well as in case of default by the user of the conditions set out in this contract, DS may, at its discretion and at any time, cancel subscription user, disable, temporarily or permanently suspend or even cancel your user account, even if this entails the temporary suspension or permanent cancellation of activities scheduled or underway by collaborators clubs.
In the event of termination of the DS service, temporary suspension or permanent cancellation provided for in the preceding paragraph, the user shall not be entitled to compensation, compensation or restitution on the part of DS.
In the event of termination of the DS service, temporary suspension or permanent cancellation for reasons other than those referred to in the first paragraph of this section, the user will only have the right to return to the proportional part of the monthly fee you would have owed.
The privacy of the user is important for DS and therefore is committed to the use and processing of personal data of users, respecting their confidentiality and use in accordance with the purpose for which they have provided and to comply with its obligation to keep it and adopt all measures to prevent alteration, loss, or unauthorized access, in accordance with the provisions of the current legislation on data protection.
- Property rights
DS platform is owned and operated by company name. Therefore, content, recordings, graphics, visual interfaces, products, information, software, services and other elements of the platform provided by DS are protected as rights of intellectual property. Except messages from users, the rest of the contents are owned by DS.
- DS responsibility
DSassumes no responsibility whatsoever for the linked content (links) that allow the user access to benefits and / or services offered by third parties through the platform, provided they are alien to it. DS is not responsible for this information or for any effects or consequences of it.
If the user observes that such links or content may be contrary to any rules or inadequate, you may make it known by DS communications system planned or through the firstname.lastname@example.org.
- Future changes
Changes on the web or in the conditions of the DS service will be reported to the user. If such changes affect the conditions of the user, it can communicate the cancellation of the DS service by reporting regime provided for in these conditions within a maximum period of 10 days. Otherwise it will be deemed to be fully accepted.
- Claims and jurisdiction
Claims are made in writing so that it is secured and guaranteed user referral and reception by DS of the foundations, reasons and specific content of the claim made by the user.
If there is any kind of discrepancy, dispute or conflict between the user and DS regarding the existence, content or interpretation of the contract and its conditions, both parties will negotiate in good faith with the intention of solving it.
This agreement shall be governed by and construed in accordance with Spanish common law.
In the case that would be necessary to resort to the courts or tribunals to settle any dispute, the grantors parts of the contract, waiving their own jurisdiction if they did, expressly submit to the jurisdiction of the Courts of Barcelona.