General contracting conditions
Conditions for the provision of services between I LOVE FERRY and the USERS
1. GENERAL TERMS AND CONDITIONS. PRE-CONTRACTUAL INFORMATION
1.1. These general terms and conditions, together with any specific conditions that may be established, shall expressly regulate the relationships that arise between I LOVE FERRY, a registered trademark of I LOVE VIAJES, (the trade name of Javier Blanco Ibarreta), NIF 18.601.319T, (hereinafter I LOVE FERRY) and third parties (hereinafter referred to as "Users") who contract the services or products offered through the Website.
1.2. These General Terms and Conditions have been prepared in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in the development of Article 5.3 of Law 7/1998, Law 26/1984 on Consumer and User Protection, Law 7/1996 on Retail Trade Regulation, Royal Decree-Law 14/1999 on the regulation of Electronic Signatures, and any other applicable legal provisions.
1.3. The use of and/or the provision of any of the services on the Website implies the User's unreserved acceptance of all and each of the General Contracting Conditions, the General Terms of Use of the Website, and, where applicable, the Specific Conditions that may apply to the acquisition.
1.4. I LOVE FERRY informs that the procedures to carry out the acquisition of goods and/or obtain the provision of the services offered are those described in these general conditions, as well as any other specific conditions indicated on the screen during navigation, so the User declares that they are aware of and accept these procedures as necessary to access the products and services offered on the Website.
1.5. All information provided during the contracting process will be stored by I LOVE FERRY and/or its suppliers, so that the User may, upon request in writing or by e-mail, request information regarding transactions carried out by them within the previous 6 months. Any modification and/or correction of the data provided by Users during navigation must be made following the instructions included on the Website.
1.6. Users who contract services through the I LOVE FERRY website declare that they are of legal age (18 years old). In the case of contracting by minors, parental or guardian authorization is required to use the contracted service.
2. TRANSPORT CONTRACT – BALEARIA
2.1. Passengers without vehicles must check-in at least 60 minutes before the ship's departure, while passengers with vehicles must do so at least 90 minutes before. Except on the Valencia – Mostaganem (Algeria) route, where they are required to check-in 4 hours before the ship's departure. If boarding passes are not available within these time limits, the Company reserves the right to freely allocate the passenger or vehicle's reserved space.
2.2. Boarding passes/tickets are personal and non-transferable. The registration number of the vehicle to be transported must be the one shown on the boarding passes/tickets. Passengers without vehicles on board are entitled to carry luggage that they can transport in a single trip by themselves from the Maritime Station to their accommodation on board. If carrying additional luggage, they must contact a transport company, a service offered by the ferry companies. If these requirements are not met, the ferry company may deny boarding without the possibility of a refund.
2.3. I LOVE FERRY and the ferry companies are not responsible for any theft and/or loss of luggage or personal belongings of passengers. Passengers are advised to carry valuable items with them.
2.4. Any claim, to be accepted, must be accompanied by the reservation documentation, accepting all the conditions stated therein by the mere fact of having been used as a transport ticket.
2.5. The passenger may obtain a refund of the ticket price from the ferry company if they do not use it, provided that the fare conditions allow it, according to the following conditions:
a). After deducting 10 percent of the ticket price for advance sales, if the request is made within 7 days before the ship's departure.
b). For refunds requested within 48 hours and before 2 hours prior to the ship's departure, 20 percent of the ticket price will be deducted.
c). Tickets presented for cancellation and/or modification less than two hours before the ship's departure, whether the reservation was made on the day of departure or earlier, will not be refunded.
2.6. All BALEARIA fares and "mini" offers allow changes to the date and/or time of travel with a penalty of €20 per reservation plus any possible fare increase if applicable, provided that the change is made at least 2 hours before the originally scheduled date and time of departure. The full and "reduced" fares of BALEARIA allow changes without the €20 penalty, but there may be a fare increase from one date to another, provided that they are made at least 2 hours before the originally scheduled date and time of departure.
2.7. Schedules and itineraries may vary due to breakdowns, unforeseen circumstances, or force majeure. In such cases, BALEARIA will take measures within its control to inform the affected passengers of these changes. In case of necessity caused by the above reasons, the ferry company may be replaced by another ferry company or use other ships.
2.8. If the contracted trip does not take place due to a breakdown, unforeseen circumstances, or force majeure, the ferry company will not assume any responsibility other than the obligation to refund the full ticket price.
2.9. Passengers who do not board for any reason unrelated to BALEARIA will not be entitled to a refund of the ticket price.
2.10. BALEARIA-issued OPEN (open return) tickets are valid for one year from the date of issue, subject to prior reservation of a seat. The contracted fare will be maintained until January 15th of the following year. After this date, the return can be confirmed by paying the corresponding supplement for the fare increase for the year.
2.11. The transport of vehicles covered by this ticket is carried out in accordance with the regulations in force on the matter and by the international conventions signed by Spain.
2.12. For actions arising from this ticket on domestic coastal navigation routes, the jurisdiction shall be governed by the applicable Civil Procedure Law in force. When maritime transport is carried out on international routes, the jurisdiction of the courts will be determined by the application of the 1974 Athens Convention and/or any instruments amending it.
2.13. Passengers have the right to withdraw from the contract for passenger transport within 14 calendar days without giving any reason.
The withdrawal period will expire 14 calendar days after the conclusion of the contract.
To exercise the right of withdrawal, the passenger must notify the company (inserting their name, full address, and, if available, their telephone number, fax number, and email address) of their decision to withdraw from the contract through an unequivocal statement (e.g., a letter sent by post, fax, or email).
To meet the withdrawal deadline, it is sufficient for the communication regarding the exercise of this right to be sent before the expiry of the corresponding deadline.
Consequences of withdrawal:
⦁ In the event of withdrawal by the passenger, the company will refund all payments received for the passenger's transport, including delivery costs (except for additional costs resulting from the passenger's choice of a delivery method other than the least expensive standard delivery offered) without undue delay and, in any case, no later than 14 calendar days from the date on which the company is informed of the passenger's decision to withdraw from the contract.
The company will carry out the refund using the same means of payment used by the passenger for the initial transaction, unless expressly agreed otherwise; in any case, no fees will be incurred as a result of the refund.
3. TRANSPORT CONTRACT – FRED OLSEN
3.1. The ticket is personal and non-transferable, and its use by a person other than the indicated passenger will result in the responsibilities provided by law. (1) On inter-island routes, non-resident passengers are exempt from presenting identification documentation, so it will be necessary to present the printed ticket for boarding. In this case, the person holding the ticket will be considered the passenger for the purposes of these conditions.
3.2. The passengers indicated on the ticket or, in the case of non-residents on inter-island routes, the ticket holders have the right to be transported by the company on the indicated route, along with their personal luggage up to a maximum of 20 kg per person. The luggage will be transported in the ship's designated areas as directed by the company. The company declines all responsibility for the transportation of valuable items. The transportation of items of illicit trade, as well as those articles and/or dangerous goods included in the I.M.D.G code, is prohibited, except in the case of companies engaged in the transportation of goods (in cargo mode), provided that the following requirements are met: a) the goods are legally transportable on the ship in question; b) the shipowner is informed at least 72 hours in advance and has expressly accepted the transport; c) the carrier complies with all conditions imposed by Fred. Olsen, S.A. for the transport of the goods in question.
3.3. The passengers indicated on the ticket or, where applicable, the ticket holder, during the transport, is covered by the Compulsory Traveller's Insurance. The passenger must behave in accordance with the safety and security regulations, both general and specific to the ship, and the company will not be liable for the results of any negligence on the part of the passenger or non-compliance with the indicated regulations.
3.4. The ticket price does not include meals or drinks on board.
3.5. The carrier undertakes to make every effort to transport the passenger and luggage with reasonable diligence. The times indicated in the schedules or elsewhere are not guaranteed and do not form part of the contract. In case of necessity, the Company may replace the assigned ship for that trip and/or change both the schedule and the travel dates; in such a case, the traveller will only be entitled to a refund of the price or a new reservation on the first or subsequent available dates or schedules of their choice, where there are free seats.
3.6. The ticket is valid for one year from the date of issue unless otherwise stipulated in the specific conditions of each fare. However, if it is not used on the date for which it was reserved, and for the specific trip for which it was issued, the holder may use it, subject to reservation and payment of the fare difference, if any. The costs of changing the reservation will be those stipulated by the carrier, up to a maximum of 25% of the ticket value. If the reservation is cancelled and the ticket is not used before the expiry of the validity period, the holder will be entitled to a refund of 75% of its value.
3.7. Any claim must be made in writing, on the ship or at the company's offices during the trip or at the end of the trip. For proper management, it is advisable to indicate the ticket Locator/Reservation Number.
3.8. With regard to damages suffered by luggage or vehicles, the company is only liable up to the maximum amount stipulated by maritime regulations per item at any given time. In the case of luggage transported inside a vehicle, the entire load is considered as one item. Loading and unloading operations of vehicles covered by this ticket are carried out by the owners or their representatives, and the carrier is not responsible for any damage that may occur during these operations unless they are due to the direct fault of the carrier or its employees.
3.9. Passengers may board by proceeding to the boarding points on foot or with a vehicle, providing only their identification document, unless the ticket indicates that their identity or any of the ticket conditions must be validated, in which case they must arrive in sufficient time, before the time limits set by the carrier, at the Fred. Olsen service points located at the maritime station. Non-resident passengers on the inter-island route of La Gomera are exempt from presenting identification documentation, so it will be necessary to present the printed ticket for boarding.
In any of the situations, once the time limit has passed, the carrier incurs no liability for not accepting the passenger and/or vehicle for boarding.
3.10. The transportation of vehicles, both in passenger and cargo mode, will be subject to the regulations established by the company. The transportation of dangerous goods without the explicit permission of the carrier is strictly prohibited.
3.11. No agent, employee, or representative of the carrier shall have the authority to alter, modify, or waive any provisions of this contract.
3.12. a) Confirming the departure for an OPEN ticket will not, under any circumstances, result in a refund. b) Tickets issued at promotional or offer fares will be governed by specific conditions that must be consulted for each Offer. c) Savings Packages are based on a compact group of passengers and, therefore, are indivisible. If any of the seats are not used, no refund will be given, nor can those seats be used on another departure.
3.13. The general conditions of transport may be affected by the specific conditions of fares or offers. Make sure you know the specific conditions of the fare you have contracted.
3.14. You agree that I LOVE FERRY and/or Fred. Olsen, S.A. have the right, at their discretion (subject only to the refund of the paid fare), to refuse to transport any person, luggage, or vehicle, for any reason related to safety, or in the interest of the safety and well-being of other passengers, or to ensure compliance with immigration, customs, health, or other applicable regulations.
As a passenger, you are obliged to comply with all safety provisions and notices and to obey the instructions given by Fred Olsen employees or law enforcement officers. You must behave at all times in a manner that does not endanger or pose a threat to any person or property, avoiding any conduct likely to cause injury of any kind to any person and refraining at all times from making threats and insults, from assaulting and abusing other passengers or any member of the crew.
If Fred Olsen considers that there are reasonable grounds to believe that your conduct could cause alarm during the trip, Fred. Olsen, S.A. reserves the right to refuse you boarding or to require you to disembark and/or leave the terminal premises, as well as the right to report the matter to the competent authorities.
Likewise, I LOVE FERRY and Fred Olsen reserve the right to refuse to transport you on your return trip or at any time in the future. In such circumstances, Fred. Olsen, S.A. will not refund the amount paid by you for the corresponding trip, will not assume any responsibility for any inconvenience or harm you may suffer as a result of the cancellation of your trip, and will require you to pay any costs incurred by the company to repair or replace any property damaged, destroyed, or stolen by you, as well as any compensation that may be due to any passenger or crew member affected by your actions.
3.15. Unless other time limits are shown on the ticket, as a general rule passengers should be ready for boarding at least 20 minutes before the ship's departure.
If transporting vehicles, they must be on the dock ready to be boarded 40 minutes before the ship's departure.
If these time limits are not met, passengers and/or their vehicles will automatically lose their reservation.
For trips between the Canary Islands and the mainland, both passengers and vehicles must be ready for boarding one hour in advance.
4.- SERVICES OFFERED. ACCESS TO SERVICES.
4.1. The Services offered on the Website - the publication of information and the online sale of tickets - will be governed both by the provisions of these General Terms and Conditions and, in particular, by the Specific Conditions established for each of these services.
4.2. To access some of the services offered through the Website, the User may be provided with a Username and a secret password ("Password"). The Username and Password provided by I LOVE FERRY to the User are identifying and enabling elements for accessing the services and are personal and non-transferable. I LOVE FERRY may, with adequate notice, modify the Username and/or password, in which case the modified credentials will lose their validity.
4.3. All means and technical requirements necessary to access the Website and the services offered therein shall be the sole responsibility of the User, as well as any expenses or taxes that may arise from the provision of such services.
4.4. Once access has been obtained, to use the different services, the User must follow all the instructions and directions provided on the screen, completing the Specific Conditions and other forms set for each service, which will imply reading and accepting all the general conditions set out in the General Terms of Use of the Website, in these General Terms and Conditions of Contracting, as well as, where applicable, the Specific Conditions that may apply.
5.- APPLICABLE LAW. JURISDICTION.
5.1. This contract shall be governed by Spanish law, which shall apply to matters not provided for in this contract concerning interpretation, validity, and execution.
