This page establishes the conditions governing the use of escolaportbarcelona.com, aula.escolaport.com, aulanautica.org, blog.escolaportbarcelona.com and tienda.escolaport.com (the “Website”) and the purchase of products and/or services on it (the “Terms and Conditions” or “T&C”). Together with the Legal Notice, the Privacy Policy and the Cookies Policy, they form the applicable legal framework (the “Website Legal Terms”) to the use of the Website and will be updated periodically, so those published when you use the Website will be applicable.

The Legal Terms of the Website apply to transactions carried out on the Website from the date of publication, in relation to the products (“Product/s” and/or “Course/s”) and/or services (“Service/s”) acquired at the time these conditions were available, remaining in force thereafter in all that is provided therein on a permanent basis. Understanding as Products and/or Courses any training course that you do with us and as Services any of the procedures that we offer through Escola Port.

Registration for Escola Port Courses attributes to the person who performs it the status of Student (“Student” or “Students”) and the use of the Website attributes to the person who uses it the status of User (“User” or “Users”). The acceptance of these Terms and Conditions by the User and the Student will be an essential requirement to formalize any contractual relationship between the user and Escola Port.

1. IDENTIFICATION AND CONTACT

The Website (escolaportbarcelona.com, aula.escolaport.com, aulanautica.org, tienda.escolaport.com and blog.escolaportbarcelona.com) are the property of EXPOMARINE & BOATS, SL with CIF B64202583, and email account info@escolaportbarcelona.com and FORMACIÓN PROFESIONAL DEL MAR SL with CIF B66932146, and email account info@escolaportbarcelona.com (both companies, hereinafter, “Escola Port” or “we”). The address of both companies is indicated in footer of the web page.

Escola Port is a registered trademark ("Trademark") which, together with the logos that appear on the Website, is the intellectual property of EXPOMARINE & BOATS, SL, therefore it is prohibited to use the Trademark without prior written permission from Escola Port.

2. PURPOSE AND SCOPE OF APPLICATION

As a User, you declare that you are aware, at the time of making the purchase (“Purchase”), of the particular conditions of sale indicated in the file of each of the Products and/or Services published on the Website and you expressly declare that you accept them without any reservation.

Making the Purchase and its confirmation makes you a customer and implies full and complete acceptance of these Terms and Conditions, as well as acceptance of the rest of the Legal Terms of the Website and any others expressly indicated by Escola Port.

3. PURCHASE CONDITIONS

When using the Website and making Purchases, as a User you agree to:

1. Use the Website only to make inquiries, purchases or legally valid orders.
2. Do not make false or fraudulent Purchases. If it is reasonably considered that a User has placed an order of this nature, Escola Port will be authorized to cancel it and inform the relevant authorities.
3. Provide truthfully and accurately the necessary data to process the Purchase.

By making a Purchase through the Website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts. Users under 18 years of age may not make Purchases and/or register for Courses, unless they have authorization and/or do so through the account of their parents and/or guardians. Authorization from both holders of parental authority, if applicable, will be required for the minor to be able to register and take the training courses.

4. AVAILABILITY OF OUR PRODUCTS

The availability of the products and/or services offered will be subject to what is established on the website at the time of purchase. You can find detailed information in the description of each Product and/or Service on the Website.

Please note that, in some cases, the availability of our Products and/or Services may depend on many factors, such as the number of students who enroll, the places offered, unavailability of a specific boat or any other circumstance that we will indicate on our Website at the time of contracting.

It is possible to request more information about our Products and/or Services through the forms available on the Web or by sending an email to info@escolaportbarcelona.com. 

5. HOW TO MAKE A PURCHASE

You can purchase our products and/or services both online through our website and in person, following the procedure that will be indicated in each case.

To make an online purchase, you must follow the purchase procedure that we will indicate to you through our Website, filling in all the fields that appear as mandatory in the different forms of our Products and/or Services and selecting what you wish to purchase, thus entering the order in the Shopping Cart.

Likewise, you can purchase our Products and/or Services in person at the address that appears at all times on the Website, where we will inform you in more detail about the applicable conditions.

6. WHAT DO WE OFFER?

A. Recreational nautical courses

Each of the Courses may have theoretical and practical modules (“Practices”), depending on the Course. The theoretical module may be offered both in person and online through our platform (“Platform”), provided that this option exists in the chosen Course at the time of Purchase.

Depending on what you have selected, Escola Port will send you the content and teaching materials (“Material”) within approximately 7 business days of processing your order. Please note that, depending on the geographical location of your home, the delivery time and shipping ports may vary.

The specific modality, dates and price of each Course (“Price”) is published on our Website which you can consult at the time of Purchase.

Attendance at the boat navigation practices and the practices with simulators in the radio classroom, as well as any other practice indicated as such at the time of purchasing the Course, is mandatory, assuming that failure to do so, as well as failure to comply with the rules established by Escola Port and lack of active participation, will result in the course being graded as failed and for these reasons the amounts paid for it will not be refundable. The practices can be booked through the Web calendar, by email to: info@escolaportbarcelona.com or in person, and may be done before or after the end of the theoretical module, depending on availability.

The conditions for changing the date reserved for the Internship will be governed by the provisions of the corresponding section of these Terms and Conditions.

If you start with the Internship, after completing it you have two years to complete the theoretical module. If you start with the theoretical module, once you have passed the corresponding exam you have two (2) years to complete the Internship. In any case, once this two (2) year period has passed, the pass (APTE) expires.

As a User, you must take into account that some of the Courses may be subject to additional prior legal requirements, such as mandatory prior training, so you must carefully read the information we offer on our Website when making the Purchase.

B. Professional courses (STCW)

We offer approved professional training courses through FORMACIÓN PROFESIONAL DEL MAR SL

Professional training courses consist of theoretical and/or practical modules, depending on the course. When you make the purchase, you must carefully read the description of each course to find out the details and theoretical and practical contents.

In professional Courses not approved by the Social Institute of the Navy (“ISM”) or the General Directorate of the Merchant Navy (“DGMM”), the theoretical module can be completed both in person and online through our Platform, when the option to complete it online is expressly indicated in the chosen Course at the time of Purchase.

Depending on what you have selected, Escola Port will send you the Material through the channels enabled to contact you during the course.

The specific modality, dates and price of each Course are published on our Website, which you can consult at the time of Purchase.

Please note that both the theoretical and practical modules will have specific dates for completion, so you must ensure that you are available on these dates since attendance at both modules is mandatory and failure to attend may result in failure to complete the Course, with no refunds being given under any circumstances. Please note that if you miss a class in the theoretical module, even if you justify it due to force majeure, the Administration competent for the approval of the Courses will decide and assess whether the Course is passed or failed due to these absences.

The conditions for changing the date reserved for the Internship will be governed by the provisions of the corresponding section of these Terms and Conditions.

As a Student, you must take into account that some of our Courses may be subject to additional legal requirements, for which Escola Port is not responsible, and it is the sole responsibility of the Student to be able to comply with them previously or during the completion of the Course, in order to obtain the corresponding certificate.

Escola Port has no connection with medical examination centers, and it is the responsibility of each student to assess the legally established requirements and their suitability to take the course for these purposes. Escola Port will not be responsible and will not reimburse any professional course in the event that, as a result of the negative result of the medical examination, the student is unable to qualify for certification. 

Likewise, once the medical certificate has been submitted to the corresponding administrations for the approval of the courses, Escola Port will not keep them, and it will be the responsibility of each student to keep these certificates in case they are needed at any other time.

Therefore, remember to carefully read the information we offer on our Website when making the Purchase and if you have any doubts, consult all the requirements, as there may be additional requirements for the certification of the Professional Courses, depending on the Course selected.

C. Book your Course

If you are interested in a course, you can also reserve places for specific dates and in the modality you prefer depending on availability. You can book through our website or contact us through our enabled channels and we will inform you of all the details so you can make the reservation.

D. Gifts and discounts.

By purchasing any of the courses we offer, you will become part of the Sailing Club and, depending on availability, we may offer you gifts and discounts on future Courses. The gifts and discounts will be those indicated on the Website at the time of purchasing the Course and/or in any of the promotions that we may send you later by mail, from the Sailing Club and/or at the Escola Port offices, and will have the duration or validity indicated therein.

E. Events and activities (information and reservations)

On our website you can find information about the school activities (“School Activities”) and team buildings (“Team Buildings”) that we offer. If you are interested, you can contact us through the form provided or by email. info@escolaportbarcelona.com and we will inform you about the conditions and the budget without any obligation to purchase.

Please note that all activities and events are subject to availability at the time and that there may be additional requirements for some.

F. Sailing Club

a) Navigation plans and reservations

At Escola Port we offer you the option of becoming part of our sailing club (“Swimming Club”) so that you can sail without monthly fees or commitment to stay. Being a member of the Sailing Club provides you with the advantages that you can find on our website according to the modalities and packs you choose.

To book your sailing trips you will need to contact us through the form provided on our website or through the rest of our other channels. To be able to book your sailing trips, you will first need to have purchased a trip pack.

b) Boat rental

At Escola Port we offer you the opportunity to rent different types of boats at the Olympic Port of Barcelona. To do this, you must make the reservation through our channel enabled on the website. Regarding the requirements for renting:

1. If you have the necessary qualifications to sail according to the boat you want to rent, in order to rent it will be necessary to previously complete the Escola Port Navigation Improvement Course, as a means of accrediting your experience and technical capacity. The conditions and characteristics of the Course are indicated on the Website. Remember that, depending on the size of the boat (length), the qualification you must have and the experience to be accredited will be one or the other, so you must make sure that you meet all the requirements to rent each type of boat before making the reservation.
2. If you do not have the necessary qualifications to sail according to the boat you wish to rent, it will be an essential requirement that the boat rental be carried out including a skipper for the boat. This skipper must in any case and exclusively be a member of the Port School, and external or unrelated skippers to the Port School must not be allowed. The cost of the skipper is independent of that of the boat, according to the prices indicated on the Website at the time of rental.

Once we receive your rental reservation request, we will contact you within a maximum of 24 hours to specify the conditions and give you all the necessary information.

You can cancel the reservation within 14 days of making it, in which case we will refund the amount paid.

Changes to rental dates will not be charged, although if the change is requested in the last 48 hours before the date on which the rental occurs, the cost of the skipper(s) will not be refundable and/or will be charged in any case.

In the event that it is not possible to change the rental date, cancellation of the reservation will entail a penalty of 30% of the amount, unless this is requested within the last 48 hours prior to the time of rental, in which case the penalty will be 50%.

If the Barcelona Maritime Authority considers that the weather conditions are not good and do not allow navigation, and it is not possible to change the rental date, navigation will not be possible and no penalty will be charged for cancellation. In any other case, if navigation is permitted, the cancellation and/or date change conditions will be those indicated in the previous section.

G. Management

At Escola Port, we can offer you the management of different procedures. You can consult them all on our website or through our authorized channels, where we will give you detailed information about each one. Some examples may be the payment of fees for registering for an exam, renewing a title or obtaining a nautical medical certificate.

Remember that to carry out any of these procedures you may need to meet additional requirements, so you should inform yourself and read all the available information carefully before making the payment.

H. Educational platforms

At Escola Port we make available to you different paid and/or free platforms where you can expand your knowledge about navigation, maritime regulations and related information that may be of interest to you.

You can access the free Platform through the registration process available on our Website. Once you have registered, you will receive a confirmation email where we will welcome you to our community and provide you with details about your username and password.

When purchasing a course, you will be able to access the payment Platform through the confirmation information that we will send you by email. Once you have registered and accessed your Course, you must take into account that you will be able to have access to this Platform for a maximum of two years. This access will be renewed every six months until you pass the course or until the maximum access period of two years has passed. From the moment you start the Course, you will have access to the Material of the same in a personal and non-transferable way. The recorded Material (classes, tutorials, etc.) that you will have available on the Platform is deleted and systematically updated 30 days after being published, so even if you have access for a longer period, the contents will be updated so that you can always enjoy updated and quality training. Once you have passed the exam, you will have access to the version Alumni of the Platform, through which we will provide you with unique and specialized content and you can use the Platform as a contact channel with Escola Port and as a source of information about the activities we carry out.

In addition, if you are a member of the Sailing Club, you will have, through the Platform, access to the record of your departures, the departure calendar from where you can reserve your place, the weather report and new improvement courses that you can take if they are of interest to you.

I. Forum

We have enabled a forum (“Forum”) where you can interact with other users through the various discussions that are currently open on the Platforms. Remember that in order to access this content you must have registered on our Platforms as indicated at the time you wish to participate in the discussion through the Forum.

J. Blog

We have a blog (“Blog”), which is an integral part of the Website and where we will occasionally upload content so that you can have access to information about Escola Port, navigation and information that may be useful to you.

K. Card and Gift Voucher

You can give a gift card (“Gift Card”) to the person of your choice. To do this, you must top up this Gift Card through our website. It is important to note that, in order to give the Gift Card as a gift, you must top it up with at least the minimum amount indicated on the Website.

If you are a group of friends or family and want to give a gift to one person, each of you will only have to place an order and mention the name of the person to whom the Gift Card will be addressed and Escola Port will send you a single Gift Card with the sum of all your contributions.

The Gift Card has no expiration date, meaning it can be used as many times as you want until the balance is exhausted.

If you want to give a specific Product and/or Service as a gift, we give you the option of giving a Gift Voucher (“Gift Voucher”) so that the person you choose can exchange it for the chosen Product and/or Service.

Once this person receives the Gift Voucher, they will need to contact us so they can decide when to redeem it.

The person who receives the Card or Gift Voucher may only exchange it for Products and/or Services for which they meet all the required and detailed requirements for each of the Products and/or Services, as detailed on our Website.  

7. PRICE AND PAYMENT METHOD

a)    Price

The Prices of the Products and/or Services are those that appear on the Website at the time you place the order (including applicable taxes in each case) or those that appear in the pamphlets and/or advertising dossiers for the period of validity established therein.

Prices may change at any time, but possible changes will not affect orders for which a Purchase Confirmation has already been sent, except when payment of the Course Price is made by deferred payment, since, if full payment for the course has not been made within three months, the update of the course price could be applied to the amount pending payment.

If, two years after the payment of the deposit, the full payment of the Course Price has not been made, the money paid as a deposit (“Deposit”) will be lost.

For both professional and recreational Courses, if within two years of reserving the Course or paying the Deposit, the Course is not taken, the money paid to date will be lost, and a new registration will be required to complete the Course.

In the event that within two (2) years from the date you purchased the Course, you wish to take a Course other than the one reserved within the same Course category (i.e., Professional Courses category or Recreational Courses category) and you have already paid the Fee or Course Price, you may request to change the Course to another in the same category and use the money already paid to purchase the new Course. When purchasing the new Course, you will have to pay the difference in Price between what was paid for the first Course and the Price of the Course to which you wish to change established on the Website at the time we grant you the Course change. Please note that if you purchase a course with a discount, the discount will not be applied to the course to which you wish to change.

Escola Port is not responsible for reminding Students of the deadlines established for the completion, purchase, reservation, etc. of the Courses, and each Student is responsible.

The payment made for the Course does not include examination fees, shipping or other procedures, management or requirements outside of Escola Port related to the title and/or certificates. These must be paid by the Student within the corresponding deadlines, either before the corresponding competent Authority or by contracting the procedures management services at Escola Port, which may have additional costs.

Remember that before taking any course, whether recreational or professional, the price must be paid. Therefore, a few days before the course begins, you will receive an email with the details of the course and, if applicable, the part of the price that remains to be paid.

b)    Payment method

To be able to make a Purchase and the corresponding payment at tienda.escolaport.com you must be registered as a customer through the registration/access form, this step is mandatory and necessary to be able to offer you the best possible service.

Once you have registered and selected the Products and/or Services you wish to Purchase, they will be added to your cart, and the next step will be to process the Purchase and make the payment. To do this, you must follow the steps of the Purchase process, filling in or checking the information requested at each step. Likewise, during the Purchase process, before making the payment, you will be able to modify the details of your order. All charges that are made will be detailed prior to the Purchase confirmation, including a breakdown of the Prices and applicable taxes.

You can use the means of payment indicated on the Website. Escola Port reserves the right to suspend the processing of the order in the event of rejection of the payment authorization by the bank or payment institution in each case.

No other means of payment will be accepted other than those specified directly on the website. All transfers and payments made through the website are made through secure ports to guarantee data protection. All data travels encrypted through the secure payment platforms of the gateways, and is not stored.

8. TECHNICAL MEANS PER CORRECTING ERRORS

The Website has confirmation windows in each of the sections of the Purchase process. The Website also offers details of all the items you have added to your Shopping Cart, so that, before making the payment, you can check and, if necessary, modify the details of your order.

If you detect errors in your order after completing the Purchase process, you must immediately contact Escola Port at the email address info@escolaportbarcelona.com, to resolve the error before the order processing begins. Escola Port is not responsible for errors during the processing of orders.

Escola Port is not responsible for possible deficiencies caused by not having the technical requirements on the device that allow the correct functioning of our Website and the normal execution of the Purchase and/or viewing process of the Courses.

9. CANCELLATION POLICY, REFUNDS AND RIGHTS.

A. Right of Withdrawal

In general, as a consumer and user for the purposes of the applicable regulations, you have the right to withdraw from Purchases within a period of 14 calendar days without the need to justify. The withdrawal period will end 14 days after the date of conclusion of the contract. After this period, we will not return either the Deposit or the Price paid for the (“Product/s” or “Course/s”) and/or services (“Service/s”), nor the amount of the boat rental reservations, except as indicated in clauses 6 f) and 7 above. Likewise, if you are late in paying for the (“Product/s” or “Course/s”) and/or services (“Service/s”) or do not pay the Price of the (“Product/s” or “Course/s”) and/or services (“Service/s”) in full before the scheduled start date, no refund will be made for what has been paid, except as indicated in clause 7 above, since this payment constitutes the reservation of the place.

Please note that, if, before 14 days have passed since the Purchase of the (“Product/s” or “Course/s”) and/or services (“Service/s”), and/or rental, you begin the training and/or enjoy the rental, respectively, you will not be able to withdraw from the purchase made.

However, some Courses and/or Products or Services may have specific deadlines depending on their special characteristics, both for withdrawal and modification. Please carefully review the instructions to this effect at the time of reservation or purchase.

To exercise the right of withdrawal, you must contact us by email at info@escolaportbarcelona.com, indicating in the subject your name and “EXERCISE OF THE RIGHT OF WITHDRAWAL” and your decision to withdraw from the Purchase through an unequivocal statement. You can also use the withdrawal form that is includes in this link, although its use is not mandatory.

You can also access the European online alternative dispute resolution system through the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

In the event of withdrawal in accordance with what has been indicated above, Escola Port will refund all payments received, except for shipping costs if any, without undue delay and, in any case, within 14 calendar days from the date on which you communicate your decision to withdraw from the Purchase. The refund will be made using the same means of payment that you used to make the Purchase, unless you indicate otherwise, without incurring any additional costs as a result of the refund.

B. Effects of Withdrawal

In accordance with current regulations, when part of the Product and/or Service has already been provided at the time you inform us of your intention to exercise your right of withdrawal, you will only be refunded the amount proportional to the part not provided and/or consumed of the Product and/or Service. The proportional amount will be calculated on the basis of the total price agreed at the time of purchase and/or reservation.

C. User Service

Any request for information, especially regarding the Purchase, refund, exchange or operation of the Products and/or Services, must be addressed to Escola Port at the following email address info@escolaportbarcelona.com.

10. RESPONSIBILITIES

Unless otherwise provided in these Terms and Conditions, Escola Port's liability in relation to any Product and/or Service purchased on the Website is strictly limited to the Purchase Price of said Product and/or Service. However, unless otherwise provided by law, no liability will be accepted for the following losses, regardless of their origin:

1. Injuries due to negligent action by the User,
2. Loss of income or sales;
3. Loss of business;
4. Cessation of profit or loss of contracts;
5. Loss of anticipated savings;
6. Data loss;
7. Loss of management time or office hours.
8. Loss of the amount paid for the Product/s and/or Service/s if for reasons beyond Escola Port's control you do not obtain the certification, including lack of attendance, failure to comply with the required requirements and/or expiry of the deadlines indicated regarding the completion of the Courses.

Due to the open nature of this Website and the possibility of errors occurring in the storage and transmission of digital information, the accuracy and security of the information transmitted or obtained through this Website is not guaranteed.

Escola Port does not assume any responsibility for breaches and/or lack of attention or respect for Escola Port's training rules, the rules of the Internships contained in the Briefing and/or other documents, the indications and/or guidelines of the teachers and/or Internship monitors or the rest of the regulations applicable to the Courses and that are provided to the Student prior to the training. All the rules are mandatory for the completion of the Courses insofar as they are applicable.

Specifically, and in relation to the Course Practices (corresponding to navigation practices on Port School boats, to Practices with simulators in classrooms and/or to Practices in open spaces of survival at sea and firefighting in the case of STCW Courses, as well as any other Practices that may be offered for any of the Port School Courses):

• They will be supervised by one or more of our certified instructors. Before starting the Practices, you will be given a briefing with the minimum safety instructions (“Briefing”), which you must read and comply with at all times. In addition, for your safety and that of the rest of the group, you must follow all additional instructions and/or guidelines that the instructors give you at all times and you must comply with the rest of the regulations applicable to each Course, reserving the right to exclude you from the Practices if we consider that you do not comply with the Briefing, the instructions and/or guidelines provided in each case and/or the applicable regulations.
• Escola Port will make available to you all the necessary safety equipment to carry out the Internships, which you must use with due diligence and following the instructions of the instructors and/or the Briefing, otherwise you will be responsible for any financial responsibilities arising from misuse.
• It is prohibited to bring alcoholic beverages onto the boats for the practices, as well as drugs of any kind. It is also not permitted to attend the practices after having consumed alcohol or drugs.
• The Practicals require mandatory attendance, so to record your presence, you must sign a confirmation of attendance before each class that will be provided to you (“Confirmation of attendance”). By signing the confirmation of attendance, you will also be confirming to us that you have read this document and accept the conditions for carrying out the internship or activity. The completion of the internship is personal and non-transferable, and must be carried out by the person who registered for the Course (Student) and, where applicable, made the reservation. If you act maliciously or fraudulently, engaging in conduct such as identity fraud or signature forgery, Escola Port reserves the corresponding legal actions, without prejudice to the responsibilities that may be required of both you and the Student.
• Changes to the dates of the reserved Practices will not be charged, unless the change is requested in the last forty-eight (48) hours before the date on which the class takes place. In this case, a penalty of forty-five euros (€45) will be imposed. In the case of Navigation Practices of forty-eight (48) hours of stay at sea, the penalty will be ninety euros (€90). Please note that last-minute cancellation means that Escola Port will lose this place, since there is no time for another student to occupy it and it means the need to modify the list of students who declare themselves to the corresponding department of the Generalitat de Catalunya.
• As a Student, by purchasing a Course, you understand and accept that the Internships involve a series of risks inherent to the activity itself that is carried out, therefore, as a Student, you expressly exempt Escola Port, its staff, and/or teachers and/or instructors from any damage that may occur during the course of the same, provided that the diligence described in this document has been maintained and/or that this responsibility is not expressly provided for in the law. Thus, by carrying out the Internships you fully assume, understand and accept the risks that navigation may entail for your health, and you exempt Escola Port, including but not limited to:
• Liability for property and non-property damages, whatever the cause.
• Any damage caused by the risks inherent in carrying out the Internships, in some cases unpredictable and/or of an uncertain nature.
• Any damage caused by causes beyond Escola Port and/or by third parties outside Escola Port.
• Any damage caused by weather and/or natural events.
• Patrimonial or extra-patrimonial damages that occur as a result of personal circumstances that cannot be assessed by Escola Port, such as pregnancy, diabetes, hypertension, epilepsy or any other medical contraindication or undeclared and/or unforeseeable pathology or whose consequences are inevitable or unassumeable for Escola Port in relation to navigation. Likewise, despite having declared the aforementioned personal circumstances to Escola Port, if you decide to carry out the Internships, you assume the risks and responsibility for any damages that may occur.
• Patrimonial or non-patrimonial damages that occur as a result of your previous physical or mental condition and/or during the Internship.
• Any liability arising from the consumption of substances that may disrupt the normal development of practices.
• Exclusion from the practices for not complying with the instructions and/or guidelines of the instructor and/or the briefing, with amounts already paid being non-refundable for this reason.
• Unavailability of the Internships due to reasons beyond Escola Port's control.
• Not successfully completing the Internships.

In accordance with what was indicated above, before starting the Internship, you will be provided with the liability waiver document (“Disclaimer”) integrated into the Confirmation of Attendance, and its signature is essential to be able to start.

Remember that, when booking the Internships, as well as when purchasing the corresponding Course, you expressly agree to have read and understood these Terms and Conditions.

11. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

These Terms and Conditions constitute a binding contract for you, as the User, and for us, as well as for our respective successors, assigns and successors. You may not transmit, assign, encumber or in any other way transfer the contract or any of the rights or obligations arising from it, without having obtained prior written consent from Escola Port.

From Escola Port we may transmit, assign, encumber, subcontract or in any other way transfer the contract or any of the rights or obligations arising from it, at any time during its term.

For the avoidance of doubt, these transmissions, assignments, encumbrances or other transfers will not affect the rights that, if applicable, you have as a consumer recognized by law nor will they cancel, reduce or limit in any other way the guarantees, both express and tacit, that could have been granted.

12. FORCE MAJEURE

We are not liable for any failure or delay in the performance of any of our obligations when it is due to events beyond our reasonable control ("Force Majeure").

Force Majeure Events will include any act, event, failure to exercise, omission or accident that is unforeseeable or unavoidable, and therefore beyond our reasonable control.

It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension of the deadline to fulfill these obligations for a period of time equal to the duration of the Cause of Force Majeure. Escola Port will use all reasonable means to end the Cause of Force Majeure or to find a solution that allows us to fulfill our obligations despite the Cause of Force Majeure.

13. WAIVER  

The failure by us to require strict compliance by Users with any of the obligations assumed under the contract or these Terms and Conditions or the failure by us to exercise the rights or actions that may correspond under the contract or these Terms and Conditions will not constitute any waiver or limitation in relation to such rights or actions nor will it exempt you from complying with such obligations.

No waiver by us of a specific right or action will constitute a waiver of other rights or actions arising from the contract or these Terms and Conditions nor will it have effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

14. INTELLECTUAL PROPERTY

The information disseminated on the Website, as well as its contents (the “Web Contents”) are owned by Escola Port or its authors and are considered protected works in accordance with the provisions of Royal Decree 1/1996, of April 12, which approves the consolidated text of the Intellectual Property Law. In no case can it be understood that Escola Port assigns or authorizes our Users to exploit in any of its modalities the rights over this Web Contents beyond what is strictly necessary for the correct use of the Website.

The Course Material is owned by Escola Port or its teachers and/or authors and is also considered protected works in accordance with the LPI. This Material is protected from unauthorized copying and downloading on the Escola Port Platforms, and although it can be used as study and training material, in no case can it be understood that Escola Port assigns or authorizes our Users to exploit the rights to this material in any way.

The brands, trade names or distinctive signs of any kind that appear on the Website are owned by Escola Port or have been published with the consent of their legitimate owners, without it being understood that access to the Website grants Users any right over said brands, trade names and/or distinctive signs.

To make any type of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the Contents of the Website and/or Training, you can contact Escola Port through our email info@escolaportbarcelona.com, attaching the relevant information.

In any case, at Escola Port we cannot assume any responsibility with respect to the intellectual or industrial property rights owned by third parties that are infringed by Users of the Website by any other person other than Escola Port.

15. AUTHORIZATION OF IMAGE RIGHTS ASSIGNMENT

By accepting these Terms and Conditions, you consent and authorize, on your behalf, without receiving any financial compensation for this and voluntarily, Escola Port, to capture and/or record your image and any other personal identifying element (hereinafter, the "Image") through photography and/or video and/or any other means of capturing and/or images that is carried out, by ourselves or through third parties, during the Courses, Internships, Activities and/or Events in which you participate.

Likewise, you also authorize Escola Port to reproduce and publish the Image free of charge and with the right to transfer it to third parties, in any photographic and/or video formats, as well as through any other means of fixing images and in any means of dissemination, including our internal channels (such as the Platform, the Blog, etc.) as well as our external channels (such as, without limitation, its websites, profiles on social networks, online reproduction and/or streaming platforms, materials, content, forums, meetings, conferences, publications and promotional presentations, as well as through any other means of dissemination (television, press, Youtube, etc.) and any other digital or printed media owned by Escola Port or third parties whom we authorize, for the purposes of advertising the Courses, Internships, Activities and/or Events.

The authorization is granted in a transferable manner, with a worldwide territorial scope and for an indefinite period. The images may include images of you that allow your identification, without being pixelated or anonymized in any way. 

16. DATA PROTECTION

The information or personal data that you provide to us as a User will be treated in accordance with the provisions of the Privacy PolicyEscola Port guarantees the confidentiality of the data provided for the acquisition of the Products and/or Services offered through the website and its treatment in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46EC (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights (“LOPDGDD”).

As a User you understand and accept that from Escola Port we may share your data communicated to service providers who help us carry out our activity.

You can access all the information about how we process your data at Escola Port Privacy Policy available and/or contact us through the address info@escolaportbarcelona.com.

17. PARTIAL NULLITY

If any part of these terms and conditions is declared null and void by a final resolution issued by a competent authority, the other terms and conditions will remain in force, without being affected by this declaration of nullity.

18. COMPLETE AGREEMENT

These Terms and Conditions, the Website Privacy Policy and any document expressly referred to therein constitute the entire agreement between the User and Escola Port.

19. RIGHT TO MODIFY THE TERMS AND CONDITIONS AND THE COURSES.

At Escola Port we have the right to review and modify these Terms and Conditions at any time, so we are not responsible for any damage that you as a User may suffer due to changes to them. As a User, you are subject to the Terms and Conditions in force at the time you use the Website or place each order, unless by law or decision of government bodies changes must be made retroactively in any of the Terms and Conditions. In this case, the possible changes may also affect orders that you have previously made.

Likewise, we have the right to modify and update the content, format and/or presentation mode of the Courses at any time and without prior notice to the Student, in order to offer the latest versions of the training adapted to regulatory changes and/or new methodologies. We recommend that you do the training in accordance with the defined planning, for optimal use of the training resources.

20. LANGUAGE

At Escola Port the User is our priority and we try to address you whenever possible in your own language. That is why we have translated the Terms and Conditions into several languages. However, in the event of conflict or doubts about the meaning or scope of any section, term or expression contained therein, please contact us at the addresses provided for this purpose on our website.

21. APPLICABLE LEGISLATION AND JURISDICTION

The use of the website and the contracts for the purchase of products and/or services through the website are governed by Spanish law. Any dispute arising from or related to the use of the website or these contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. You can also access the European online alternative dispute resolution system through the following link: EU Online Dispute Resolution PlatformIf you are contracting as a consumer, nothing in this clause will affect the rights that you are entitled to as such under current legislation.