This document establishes the general conditions of the contractual relationship that aims to rent BLUE HOLIDAY SERVICE products, by natural and / or legal persons (hereinafter CONTRACTING) who express their willingness to purchase the services found in the website www.blueholidayservice.es, through the request made via internet through that website. These user requests constitute the particular conditions with which these general conditions are associated that the CONTRACTOR must necessarily accept telematically prior to the purchase of the product. These conditions are exposed to the CONTRACTOR through the website www.blueholidayservice.es, so that they can read, print, file and accept them, and the CONTRACTOR cannot purchase the service without this acceptance having occurred. The CLIENT will always have these general conditions in a visible web site.
The present general conditions together with the request of the specific products made by the CONTRACTOR – particular conditions – imply the formalization of the contract of sale between THE OWNER and the CONTRACTOR who claims to have read, understood and accepted these conditions.
FIRST.- OBJECT OF THE CONTRACT.-
By this contract THE OWNER undertakes to deliver to the CONTRACTOR the products that he has requested through the website www.blueholidayservice.es in exchange for a certain price.
SECOND.- RIGHTS AND OBLIGATIONS OF THE OWNER.-
2.1. Delivery of the product.- THE OWNER undertakes to deliver the product in perfect condition at the address indicated by the CONTRACTOR in the order form where the particular conditions that join these general conditions are stated. THE OWNER will not be responsible for errors caused in the delivery when the data entered by the CONTRACTOR in the order form do not conform to reality or have been omitted.
2.2. Responsibility of THE OWNER.- THE OWNER will in no case be responsible in relation to:
2.2.1. Errors, delays in access by the CONTRACTOR when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet, causes of chance or force majeure and any other unforeseeable contingency outside the good faith of the company. In any case, THE OWNER undertakes to solve the problems that may arise and to offer all the necessary support to the CONTRACTOR to reach a quick and satisfactory resolution of the incident.
2.2.2. Of the errors or damages produced by an inefficient use of the service and in bad faith by the CONTRACTING PARTY.
2.2.3. The non-operability of the email address provided by the CONTRACTOR to send the order confirmation within forty-eight hours after it is made.
2.2.4. THE OWNER has the absolute responsibility for the quality of the products admitting the return of the same as long as they are defective or do not reach the CONTRACTOR in correct condition. THE OWNER will be responsible, in this case, for the expenses incurred as a result of such return provided that the CONTRACTOR communicates this fact, within twenty-four hours from the date of delivery and the product has not been consumed or altered in any way. case. THE OWNER is exempt from any responsibility in relation to the possible breaks or defects of the product produced after the delivery of the same. Likewise, THE OWNER will not have any responsibility in relation to those rental services that have already been consumed without any incident from the CONTRACTING PARTY that intends to make a claim. The CONTRACTING PARTY, before signing the delivery of the order, must ensure that the item arrives in perfect condition, without blows or any type of deterioration. It is the CONTRACTOR’s obligation to refuse the order if the item is damaged or damaged.
The CONTRACTOR expressly waives to claim any contractual or extra-contractual liability for the possible damages or losses derived from what was previously indicated in this clause. In any case, the responsibility of THE OWNER if it fails to comply with the provisions of this agreement according to the terms of these general conditions will be limited to the change of the product or the return of the amount that, if applicable, the CONTRACTOR could have paid and always prior refund by the CONTRACTING party of the product in question.
THIRD.- CONTRACTING RIGHTS AND OBLIGATIONS.-
3.1. Payment.- The CONTRACTOR undertakes to pay, at the time of receipt of the article, the sum of the amount for the rental service of the product and its corresponding deposit, effectively requested in the following amount and form:
3.1.1. Amount.- The remuneration for the rental service of the product actually requested by the CONTRACTOR based on the requested product will be the one indicated on the website and the one that appears in the specific request of the CONTRACTOR at any time, requests that will constitute the particular conditions of the specific order BLUE HOLIDAY SERVICE will send confirmation of the order and its total amount within seventy-two hours. The prices of the products that appear on the website always appear without the IGIC or the amount of the deposit included.
In the case of rates applied by BLUE HOLIDAY SERVICE based on certain parameters of the reservation, indicate that the overall cost, both of the rental of the product and its corresponding deposit, will be communicated to the CONTRACTOR, always previously in the confirmation of the reservation request , via email or phone call.
3.1.2. Payment methods.- The CONTRACTOR must pay the amount corresponding to the service contracted against reimbursement.
3.2. Withdrawal.- The rental services offered on www.blueholidayservice.es accept the right of withdrawal provided that the rented product has not yet been received by THE CONTRACTOR. The deadline to withdraw is up to twenty-four hours before the expected date of receipt by THE CONTRACTOR. If this period has been exceeded, THE CONTRACTOR may withdraw from the rental services, paying the amount agreed for the provision of said service THE OWNER.
3.3. Responsibility of the CONTRACTING PARTY.- The CONTRACTOR assumes all risks of deterioration, impairment, damage and loss of the products from the moment they were made available to them by the third party who, on behalf of BLUE HOLIDAY SERVICE, delivers The requested products.
3.4. RESPONSIBILITY OF THE OWNER.- THE OWNER assumes the responsibility of checking the status of the items once the rental service period has ended by THE CONTRACTOR. After verifying the correct compliance with point 3.3 of this document, THE OWNER will return the amount charged as a deposit to the APPLICANT. If the point has not been met correctly, THE APPLICANT is exempt from this return.
FOURTH.- PROTECTION OF PERSONAL DATA.-
4.1.- Information to the user of the existence of a file and request for consent for the automated processing of data: In relation to the personal data provided by the USER in the forms that may exist on the website, BLUE HOLIDAY SERVICE complies strictly the current regulations established in Law 15/1999 of Protection of personal data and other legislation that develops and informs the USER that the referred data will be included in a file for automated processing giving the USER consent by accepting these general conditions to said treatment.
4.2.- Purpose of the data: BLUE HOLIDAY SERVICE collects and processes certain personal data that are freely entered by the USER in the form in order to be able to answer the requests for information that can be made as well as to manage the purchases that They make and send commercial offers to all those interested in your products. In any case, the data collected and processed by BLUE HOLIDAY SERVICE are only the basic ones for the purposes indicated above. BLUE HOLIDAY SERVICE in no case collects data related to the health of buyers or users, the data is basic for the purposes indicated above.
4.3.- Mandatory data entry: The fields in which an asterisk * appears on existing forms are those that require a mandatory response and if not covered the consequence would be impossible to buy or request the information needed.
4.4.- Rights of access, rectification, cancellation and opposition: The USER who enters their personal data in the different registration forms will have full right to exercise their rights of access, rectification, cancellation and opposition at any time by requesting it at our email. Also, you can post to BLUE HOLIDAY SERVICE, C/ Secretario Padilla, nº 181, 4-4. 35010. Las Palmas de Gran Canaria (Canary Islands). All your comments and suggestions are extremely valuable to us, in order to improve our data protection system.
4.5.- Responsible for the processing.- The person in charge of the data processing is BLUE HOLIDAY SERVICE, with registered office at C/ Secretario Padilla, nº 181, 4-4. 35010. Las Palmas de Gran Canaria (Canary Islands). Spain.
4.6.- Data transfer.- BLUE HOLIDAY SERVICE informs the USER that there will be no transfer of data to third parties. The only communications of the data that may be made are the logical ones for the same purpose with which they were introduced, for example to transport companies to proceed to deliver the products at home, communication thus derived from the freely accepted legal relationship.
4.7.- Security.- BLUE HOLIDAY SERVICE ensures the absolute confidentiality and privacy of the personal data collected and therefore essential security measures have been adopted to prevent alteration, loss, treatment or unauthorized access and thus guarantee its integrity and security. BLUE HOLIDAY SERVICE will not be liable in any case for the incidents that may arise around personal data when they derive well from an attack or unauthorized access to the systems in such a way that it is impossible to detect by the security measures implemented or either when it is due to a lack of diligence of the USER regarding the guard and custody of their access codes or their own personal data.
4.8. Veracity of the data.- The USER is responsible for the veracity of their data, committing not to enter false data and to modify them if necessary, either by requesting it directly at our email.
5.1.- THE OWNER will in no case be responsible for:
5.1.1.- Failures and incidents that may occur in communications, deletion or incomplete transmissions so that it is not guaranteed that the website services are constantly operational
5.1.2.- Of the production of any type of damage that the USERS or third parties may cause on the website.
5.2.- THE OWNER reserves the right to suspend access without prior notice in a discretionary manner and on a definitive or temporary basis until the assurance of the effective responsibility for the damages that may occur. Likewise, THE OWNER will collaborate and notify the competent authority of these incidents at the moment in which he has reliable knowledge that the damages caused constitute any type of illegal activity.
SIXTH.- COPYRIGHT AND TRADEMARK.-
The third-party use by any means of the BLUE HOLIDAY SERVICE brand that includes both the name and the logo is prohibited unless expressly authorized by BLUE HOLIDAY SERVICE, all rights are reserved. In addition, the BLUE HOLIDAY SERVICE website – the contents, programming and design of the website – is fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly prohibited except with the consent BLUE HOLIDAY SERVICE express.
SEVENTH.- JURISDICTION AND APPLICABLE LAW.-
These general conditions are governed by Spanish legislation. They are competent to resolve any controversy or conflict arising from these general conditions by expressly waiving the USER to any other jurisdiction that may correspond.
IN CASE THAT ANY CLAUSE OF THIS DOCUMENT IS DECLARED NULL, THE OTHER CLAUSES WILL REMAIN IN FORCE AND WILL BE INTERPRETED, TAKING INTO ACCOUNT THE WILL OF THE PARTIES AND THE PURPOSE OF THESE CONDITIONS. BLUE HOLIDAY SERVICE MAY NOT EXERCISE SOME OF THE RIGHTS AND POWERS CONFERRED IN THIS DOCUMENT WHAT WILL NOT IMPLY IN ANY EVENT THE RESIGNATION TO THEMSELVES EXCEPT EXPRESS RECOGNITION BY BLUE HOLIDAY SERVICE.