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

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

The use of the Web gives the user the condition of User (the "User" or "Users"). The acceptance of these Terms and Conditions by the User will be a requirement to formalize any contractual relationship between the User and Escola Port.

1. IDENTIFICATION AND CONTACT

The Web (escolaport.com, aula.escolaport.com, aulanautica.org and ofertesnautiques.com and blog.escolaportbarcelona.com) are owned by EXPOMARINE & BOATS, S.L. with CIF B64202583, registered office at Muelle de Marina, núm. 11, Puerto Olímpico, 08005 Barcelona and e-mail account info@escolaportbarcelona.com y FORMACIÓN PROFESIONAL DEL MAR S.L. with CIF B66932146, registered office at Calle Doctor Trueta, 48 - BJ, Barcelona, 08005, Barcelona and e-mail account info@escolaportbarcelona.com (both companies, hereinafter, "Escola Port" or "we").

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 conditions of sale indicated in the file of each of the Products and/or Services published on the Web and you expressly declare that you accept them without reservation.

The completion of the purchase and its confirmation makes you a customer and implies full and complete acceptance of these Terms and Conditions, as well as the acceptance of the rest of the Legal Terms of the Web and any others so expressly indicated by Escola Port.

3. CONDITIONS OF PURCHASE

By using the Web and making Purchases, as a User you agree to:

  1. Use the Web only to make inquiries, purchases, or orders legally valid.
  2. Not to make false or fraudulent Purchases. If it is reasonably believed 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 truthful and accurate information necessary to process your purchase.

By making a purchase through the Web, you declare that you are over 18 years of age and have legal capacity to enter into a contract.

4. AVAILABILITY OF OUR PRODUCTS

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

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 enrolled, the number of places offered, unavailability of a particular vessel or any other circumstance that we will indicate on our website at the time of purchase.

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 buy our Products and / or Services both online through our website, as well as 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 through our Web, filling in all the mandatory fields that appear in various forms of our Products and / or Services and selecting what you want to buy, being placed the order in the shopping cart.

Also, you can buy our Products and/or Services in person at the address Muelle de Marina, núm. 11, Puerto Olímpico, 08005 Barcelona, where we will inform you in greater detail of the applicable conditions.

6. WHAT DO WE OFFER?

       6.1. Non-professional courses

Each of these Courses can have a theoretical and a practical component, depending on the Course. The theoretical part can be offered both on school and online through our platform ("Platform"), in case that the chosen course  is available at the time of purchase. Practices can be booked through the Web.

Depending on what you have selected, Escola Port will send you the learning material ofwithin  seven business days,  approximately, after your processed order.  Keep in mind that, depending on the geographical location of your home, the term may vary.

The specific modality, the dates and the price of each Course is published on our website that you can consult at the time of Purchase.

As a User, you must bear in mind 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 that we offer on our website when making the purchase.

      6.2. STCW Courses (Training, Certification and Guard Standards)

The approved professional training courses are offered through the professional training of the sea S.L.

The Professional Training Courses can have a theoretical and a practical component, depending on the Course. When you make the purchase, you must carefully read the provisions of the description of each Course to know the details of it and the modules and practices that it includes in your case. The theoretical part can be offered both in person and online through our Platform, provided that in the chosen Course there is that option at the time of Purchase.

Depending on what you selected, Escola Port we will send you the learning material send you the learning material ofwithin  seven business days,  approximately, after your processed order. Keep in mind that, depending on the geographical location of your home, this period may vary.

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

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

      6.3. Book your Course

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

      6.4. 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. In case that you are interested, you can consult us through the enabled form or our email info@escolaportbarcelona.com and we will inform you about the conditions and the budget with any purchase commitment.

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

      6.5. Sailing Club

                6.5.1. Navigation plans and reservations

At Escola Port we offer you the option of being part of our sailing club ("Navigation 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 depending on the modalities and the packs that you choose.

To reserve your sailing trips, you must contact us through the form provided in this regard on our website or through the rest of our enabled channels. To be able to book sailing trips, you must first have purchased a trip pack.

               6.5.2. Boat Rental

At Escola Port we offer you the opportunity to rent different types of boats at the Port Olímpic in Barcelona. To do this, you must make the reservation through our channel enabled on the Web. Remember that, depending on the size of the boat (length), the qualification you must have will be one or the other, so you must make sure that you meet all the requirements before making the reservation.

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

If for any reason you want to cancel the reservation, you must do so 48 hours in advance and we will refund the money or find a new date to make the departure. After 48 hours we will not make the return.

      6.6. Procedures

At Escola Port, we can offer you the management of different procedures. You can consult them all on our website or in our channels enabled for it, where we will give you detailed information on each one of them. 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 must inform yourself and read all the information available before making the payment.

      6.7. Educational platforms

At Escola Port we offer you different payment 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 you buy 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 access your Course, you must consider that depending on the chosen modality you must meet or not some deadlines to complete the Course satisfactorily. Likewise, from the beginning of the Course, you will have access to its material for 24 months. Once this period has passed, the material will no longer be available.

      6.8. Forum

We have enabled a forum ("Forum") where you can interact with other Users through the different debates that are open at that time 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 debate through the Forum.

       6.9. Blog

We have a blog ("Blog"), which forms an integral part of the Web and in which 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.

       6.10. Card and Gift Voucher

You can give a gift card ("Gift Card") to the person you choose. To do this you must recharge it through our website. It is important to bear in mind that for giving away the Gift Card, you must recharge it with at least the minimum amount indicated on the Website.

In case that you are a group of friends or relatives and you all wish to make 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 from Escola Port will send you a single Gift Card with the sum of all your contributions.

The Gift Card does not expire, that is, it can be used as many times as you want until the balance is exhausted.

In case you want to give a specific Product and/or Service, 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 that person receives the Gift Voucher, they must contact us so that they can decide the moment to exchange it.

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

7. PRICE AND METHOD OF PAYMENT

The prices of the Products and/or Services are those that appear on the Web at the time you place the order (includes applicable taxes in each case).

Prices may change at any time, but possible changes will not affect orders for which a purchase confirmation has already been sent.

Once the Products and/or Services you wish to purchase have been selected, 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 in each step. Also, during the Purchase process, before making the payment, you can modify the data of your order. All charges made will be detailed prior to the purchase confirmation, including the breakdown of prices and applicable taxes.

Specific discounts, promotions or discount coupons are applied to the base price of the Products and/or Services that appear on the Web at the time you place the order.

Specific discounts, promotions or discount coupons are not cumulative.

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

Other means of payment other than those specified directly on the Web will not be accepted. All transfers and payments made through the Web 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 TO CORRECT ERRORS

La Web dispone de ventanas de confirmación en cada uno de los apartados del proceso de compra. Así mismo, la Web ofrece los detalles de todos los artículos que hayas añadido a tu carrito de compra, de modo que, antes de efectuar el pago, puedas comprobar y, en su caso, modificar los datos de tu pedido.

Si detectas errores en el pedido tras la finalización del proceso de compra, debes ponerte en contacto de manera inmediata con Escola Port en la dirección de correo electrónico info@escolaportbarcelona.com , para subsanar el error antes de que dé comienzo la tramitación del pedido. Escola Port no es responsable de los errores durante la tramitación de los pedidos.

9. CANCELLATION POLICY, REFUNDS AND RIGHTS

  • 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 for justification. The withdrawal period will end 14 days from the day of the conclusion of the contract. However, some Courses and/or Products or Services may have specific deadlines according to their special characteristics, both for withdrawal and modification. Please, carefully review the indications 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 RIGHT OF WITHDRAWAL" and your decision to withdraw from the Purchase through an unequivocal statement. You can also use the withdrawal form that is included in this link [*], although its use is not mandatory.

In case of withdrawal in accordance with the above, from Escola Port we will refund all payments received, except shipping costs if any, without any 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 through the same means of payment that you would have used to make the Purchase, unless you indicate otherwise, not incurring any additional costs as a result of the refund.

  • Effects of Withdrawal

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

  • User Service

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

10. RESPONSIBILITIES

Except as 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 a negligent action of the User.
  2. Loss of income or sales.
  3. loss of business.
  4. Loss of profit or loss of contracts.
  5. Loss of anticipated savings.
  6. Data loss.
  7. Loss of management time or office hours.

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 responsibility of any kind for non-compliance and/or lack of attention or respect for Escola Port's training standards, the instructions of the instructors and/or teachers or the other regulations applicable to the courses and that are provided. to the student prior to training. All the rules are mandatory to carry out the courses, as applicable.

11. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

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

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

To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, where appropriate, you have recognized as a consumer by law nor will they cancel, reduce or limit in any other way the guarantees, both express and tacit, that are they could have granted.

12. FORCE MAJEURE

We are not responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control ("Cause of Force Majeure").

Causes of Force Majeure will include any unforeseeable or unavoidable act, event, failure to exercise, omission or accident, 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 in the term to fulfill said obligations for a period of time equal to the duration of the Cause of Force Majeure. From Escola Port we will use all reasonable means to end the Cause of Force Majeure or to find a solution that allows us to comply with our obligations despite the Cause of Force Majeure.

13. RESIGNATION

The lack of requirement, on our part, of strict compliance by the Users of any of the obligations assumed under the contract or these Terms and Conditions or the lack of exercise by us of the rights or actions that may correspond under the contract or these Terms and Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exempt you from complying with such obligations.

No waiver by us of a specific right or action will imply a waiver of other rights or actions derived from the contract or these Terms and Conditions or take 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 Web, 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 12 April, approving the revised 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 said Web Content beyond what is strictly necessary for the correct use of the Web.

The contents and didactic materials of the Courses (the "Training Contents") are the property of Escola Port or its teachers and/or authors and are also considered protected works in accordance with the LPI. Said Training Contents are protected from unauthorized copying and downloading on the Escola Port Platforms, and although they may be used as study and training material, in no case can it be understood that Escola Port assigns or authorizes our Users to exploit in none of its modalities the rights over said Training Content.

The trademarks, trade names or distinctive signs of any kind that appear on the Website are the property of Escola Port or have been published with the consent of their legitimate owners, without it being understood that access to the Website attributes to Users any right over the trademarks, 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 Web 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 regarding the intellectual or industrial property rights owned by third parties that are infringed by the Users of the Website by any other person outside Escola Port.

15. DATA PROTECTION

The information or personal data that you provide us as a User will be treated in accordance with the provisions of the Privacy Policy. Escola Port guarantees the confidentiality of the data provided for the acquisition of the Products and/or Services offered through the Web and its treatment in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27 of 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which Directive 95/46CE ("RGPD") and Organic Law 3/2018 are repealed , of December 5, Protection of Personal Data and guarantee of digital rights ("LOPDGDD").

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

You can access all the information on how we treat your data in Escola Port's Privacy Policy available at [*] and/or contact us through the address info@escolaportbarcelona.com.

16. PARTIAL NULLITY

If any part of these Terms and Conditions are declared null and void by a final resolution issued by a competent authority, the remaining Terms and Conditions will remain in force, without being affected by said declaration of nullity.

17. ENTIRE AGREEMENT

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

18. RIGHT TO MODIFY THE TERMS AND CONDITIONS

At Escola Port we have the right to review and modify these Terms and Conditions at any time. As a User, you are subject to the Terms and Conditions in force at the time you use the Web or make each order, unless by law or decision of government agencies retroactive changes must be made in any of the Terms and Conditions, in which case, the possible changes may also affect the orders that you had previously made.

19. LANGUAGE

At Escola Port, the User is our priority and we try to address ourselves whenever possible in your own language. For this reason, we have translated the Terms and Conditions into several languages. However, in case of conflict or doubts about the meaning or scope of any section, term or expression contained therein, the Spanish version will be of priority application as it is the original version in which they have been written.

20. APPLICABLE LAW AND JURISDICTION

The use of the Web and the contracts for the Purchase of Products and/or Services through the Web are governed by Spanish law. Any controversy that arises or is related to the use of the Web or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals. You can also access the European alternative online dispute resolution system through the following link: Plataforma UE de Resolución de Litigios en Línea. If you are contracting as a consumer, nothing in this clause will affect the rights recognized by current legislation as such.