Terms of Use for Sea Wave Yachting S.L. Website

General Provisions

1.1. These Terms of Use (hereinafter - "Terms") govern the procedure for access, navigation and interaction with the official website of Sea Wave Yachting S.L. (hereinafter - "Company"), including all its versions for desktop computers, mobile devices, as well as related digital resources: mobile adaptations, official Company accounts on social networks (Instagram, YouTube, Facebook, etc.), email newsletters, feedback forms, integrations with messengers (WhatsApp, Telegram, etc.) and other digital communication channels.

1.2. By using the Website and any of the specified digital channels, the user confirms that they have read these Terms and agree to comply with them in full. In case of disagreement with these Terms, the Company asks to refrain from using the Website and related services. Continued use is considered acceptance of these Terms.

1.3. The purpose of the Website is to inform visitors about the Company's activities, provide information about current tours, booking conditions, prices, routes, as well as organize feedback with clients through online forms. There may also be temporary or seasonal promotions, special offers, newsletters and Company news.

1.4. Registration of personal accounts on the Website is not provided. Interaction with the website occurs without authorization. The user can submit a request through the contact form, indicating name, phone number, email address and, if desired, an accompanying message. When submitting the form, the user confirms that the information provided is accurate, current and voluntarily transferred to the Company for further communication.

1.5. All personal data transmitted through the Website is processed in accordance with the provisions of Regulation (EU) 2016/679 (GDPR), Spanish Organic Law Ley Orgánica 3/2018, as well as in accordance with the Privacy Policy posted on the Website. Data transmission means conscious and voluntary consent to their processing within the functionality of the Website and for the purposes of providing services, communicating with the Client, improving service quality and complying with the Company's legal obligations.

1.6. The Terms of Use are a supplement to the following legal documents posted on the Website:

Privacy Policy, governing the collection, processing, storage and protection of personal data;
Cookie Policy, governing the installation and use of cookies, tracking and analytical scripts;
Public Offer, defining the rules and conditions for booking and providing sea cruise services, charters and related services.

1.7. In case of conflict between these Terms and any other document posted on the Website, priority is given to the document that governs specific legal relations (for example, in terms of service booking - Public Offer terms, in terms of personal data processing - Privacy Policy).

1.8. The Company reserves the right to make changes to these Terms unilaterally. Updates take effect from the moment of publication of the new version on the Website. We recommend regularly checking the document for updates. Use of the Website after publication of changes means agreement with the new version of the Terms.

Website Owner Information

2.1. In accordance with Article 10 of Law 34/2002 of July 11, 2002 "On Information Society Services and Electronic Commerce" (LSSI-CE), information about the Website owner is provided:

Website owner: Sea Wave Yachting S.L. (Sociedad Limitada).
Registration number (CIF): B75853226.
Office address: Av. Francesc Cambó 21, 3º 2ª, 08003, Barcelona, Spain.
Legal address: Carrer Sant Tomas 2, Esc. B, 6-2, 17310, Lloret de Mar, Girona Province, Spain.
Contact information: Email: swyachting@gmail.com; Phone: +34 637 444 756.

2.2. The Company is properly registered in Spain and operates in accordance with Spanish law. All rights to the Website belong to the Company; Website materials are posted on behalf of Sea Wave Yachting S.L. Any appeals, claims or requests related to the Website operation can be sent to the specified contacts.

Acceptable Use of the Website

3.1. Permitted use.

The user is granted a limited, non-exclusive, non-transferable, non-assignable and revocable license to access and use the Website exclusively for personal, informational and non-commercial purposes. The following is permitted:

Browse the content of Website pages;
Familiarize yourself with service descriptions, routes, prices, tour dates;
Use contact forms to communicate with the Company;
Download and temporarily cache materials for acceleration of display or offline viewing for personal use;
Receive emails and notifications from the Company upon request, subscription or when making a booking.

Any use beyond the above purposes is possible only with prior written permission from Sea Wave Yachting S.L., including but not limited to reproduction, copying, distribution, public display or commercial use of Website materials.

3.2. Prohibited actions.

The Website user agrees to refrain from the following actions, including but not limited to:

Using the Website for illegal purposes or purposes that violate applicable Spanish law, the law of the user's country of residence or international norms;
Posting, transmitting or distributing through Website forms information containing:
- false or misleading information;
- slander, threats, insults;
- propaganda of violence, discrimination, racial, ethnic or gender hatred;
- calls to violate the law or harm other persons;
Uploading or distributing malware, viruses, trojans, backdoors, loggers, spyware or other scripts capable of damaging, disrupting, intercepting or changing the Website operation, its content or technical infrastructure;
Attempts to interfere with Website operation, including:
- unauthorized access to administrative panels, databases, server;
- DDoS attacks;
- manipulation of URL structures, forms or JS functions;
Using automated information collection tools (bots, scanners, crawlers, parsers), except for standard search engine indexing tools;
Selling, transferring or leasing access to the Website and/or its functionality;
Violation of any copyright and related rights, trademarks, patents, trade secrets or other intellectual property rights of the Company (see section 4).

Violation of any of the above points may result in restriction of access to the Website, notification of competent authorities and filing civil and/or criminal lawsuits in accordance with Spanish and EU law.

3.3. Communications and behavior.

Any communication between the user and the Company, including interaction through:

email;
feedback form on the Website;
messengers (WhatsApp, Telegram, etc.);
comments on social media posts;

must be respectful, professional and constructive.

Prohibited:

sending spam or mass commercial offers without consent;
phishing attempts (data extraction);
posting advertisements, links to third-party resources or offers of goods and services without permission;
threats, intimidation, discrediting or other forms of toxic behavior towards the Company or its representatives.

The Company reserves the right to:

restrict or block communications with users who violate this clause;
transfer relevant information to law enforcement or competent regulators.

3.4. Age restrictions.

The Website and provided services are not intended for persons under 16 years of age without parental or legal guardian supervision.
For booking, payment and contract conclusion, full legal capacity is required. The user confirms that they have reached the age of 18 or another legally established age of majority in their country.
The Company is not responsible for actions of minors committed on the Website without proper adult supervision.
If use of the Website by a minor without parental consent is detected - access may be restricted and data deleted.

Intellectual Property

4.1. Content ownership rights.

All content posted on the Sea Wave Yachting website (including its mobile version and other digital channels) is the subject of intellectual and/or industrial property. Exclusive property rights to such content belong to Sea Wave Yachting S.L. or other lawful rights holders on whose behalf the Company acts based on licenses or agreements. Such materials include, among others, texts, editorial articles, tour descriptions, routes, prices, visual images, photographs, video and audio materials, infographics, interfaces, corporate colors, logos, domain names, source code, scripts, fonts and any other elements protected under copyright, patent, trademark or other specialized protection regimes. The name "Sea Wave Yachting", its visual style, commercial logo, as well as individual recognizable images or formulations used by the Company in public materials, are registered or protected as means of individualization, and may not be used by third parties without prior written permission from Sea Wave Yachting S.L.

4.2. Content use restrictions.

The user may use Website materials exclusively within its functionality, for personal familiarization and non-commercial use.

Prohibited:

copying, saving, reproducing, broadcasting or publishing Website materials (in whole or in part) on third-party resources or platforms without written consent from the Company;
editing, adapting, translating, reworking, deforming or otherwise modifying any parts of the Website;
using any elements of corporate style (logos, names, color schemes) to create false association with the Company;
downloading, distributing or storing Website content elements in databases, backup platforms or for machine analysis purposes without appropriate license;
using Website content for commercial purposes, including advertising, promotion, creating own tours and offers based on Company concepts.

Violation of intellectual property rights of the Company or its partners may entail administrative, civil or criminal liability according to applicable Spanish law (Ley de Propiedad Intelectual) and applicable European Union norms. When citing Website materials, if such is permissible within the principles of fair use (uso legítimo), it is mandatory to indicate the Company name Sea Wave Yachting and an active hyperlink to the corresponding website page.

4.3. Third-party content.

Some materials presented on the Website (including photographs, videos, music fragments, logos or brand mentions) may belong to third parties. The Company uses such content within concluded licensing agreements, partnership agreements or in accordance with fair use policy. All such materials retain protection for their original owners and are posted on the Website exclusively in compliance with copyright. The user is prohibited from using, copying, reproducing or otherwise exploiting third-party content unless expressly permitted by the Company or the rights holder themselves. If you are a holder of copyright or related rights and believe that the Website violates your interests, please immediately contact the Company using the contacts specified in section 2 of this document. The message should contain a description of the violation, a link to the material and proof of ownership rights to the disputed content. The Company will take reasonable measures to conduct analysis and, if necessary, remove or correct the disputed element.

Disclaimer of Warranties

5.1. Information availability and relevance.

Sea Wave Yachting S.L. makes reasonable efforts to ensure the accuracy and relevance of information posted on the Website, including information about services, route descriptions, visual materials, prices and tour conditions. However, all information is provided for informational purposes only, without guarantees of its accuracy, completeness or compliance with user expectations. The Company reserves the right to make changes to the Website content without prior notice, including updating schedules, routes, service descriptions, yacht images, tour duration and other parameters. Posted prices, descriptions and offers are not a public offer in the legal sense, but represent an invitation to negotiations (invitación a tratar), and are subject to clarification at the time of actual booking. Legal obligations arise only after acceptance of the terms of a separate contract (for example, Public Offer Agreement) published on the Website, and/or completion of payment.

5.2. Operating mode and technical reliability.

The Company strives to ensure uninterrupted Website operation and its constant availability, however, it does not provide any guarantees regarding permanent, continuous, complete or error-free functioning. Due to the nature of technologies and dependence on third-party providers (web hosting, internet access, CDN, CMS platforms), the Website may be temporarily unavailable for reasons beyond the Company's control: preventive maintenance, technical service, hacker attacks, infrastructure failures, server overloads, power outages or other force majeure circumstances. The Website is provided to the user on an "as is" and "as available" basis without any express or implied warranties, including but not limited to warranties of fitness for a particular purpose, compliance with user expectations or compatibility with user software and devices. The Company is not liable for possible damage caused as a result of temporary lack of access to the Website or interruptions in its operation.

5.3. Security, viruses and malicious elements.

Despite the digital protection measures taken, including SSL certificates, antivirus scanners, system updates and vulnerability monitoring, the Company cannot guarantee absolute security of data transmitted by the user through the Website, and the absence of viruses, spyware, malicious scripts or other destructive components on the Website that may damage user devices or lead to information loss. The user bears personal responsibility for ensuring their own digital protection (installing antiviruses, current software updates, restricting device access, etc.) and agrees to use the Website at their own risk. The Company is not liable for damage suffered by the user due to virus infection, malware, data leaks, or any other unauthorized interference that occurred when accessing the Website, viewing its pages or downloading materials.

5.4. Integrations and external resources.

The Website may use external widgets (for example, Instagram, YouTube, Facebook, Google Maps), links to third-party resources or booking modules not under direct Company control. The Company is not responsible for the completeness, accuracy or relevance of information posted on such platforms, and does not provide any guarantees regarding content posted by third parties. Following external links is carried out by the user on their own initiative and at their own risk. In case of downloading third-party software, interacting with messengers or activating any integrated services, the user must independently familiarize themselves with the terms of use of the corresponding platforms. The Company does not guarantee data protection or stability of third-party services.

5.5. Consultations and recommendations.

Any oral or written information received by the user from the Company through the Website, by email, during correspondence in messengers or on social media pages, is provided for informational purposes only and is not legal, medical, technical or professional advice. The Company is not responsible for the user's use of such recommendations, including possible losses incurred as a result of interpreting or following such advice. The user undertakes to independently assess risks and make decisions based on official Company documents and confirmed information provided during booking.

Limitation of Liability

6.1. General limitations.

To the maximum extent permitted by law, Sea Wave Yachting S.L. disclaims any liability for any direct, indirect, incidental, punitive or consequential damages, including but not limited to lost profits, loss of business reputation, business interruption, data loss, device damage, financial losses caused by the use or inability to use the Website. This applies to both direct website access and use of any of its functions, links, content or downloadable materials. The Company is not responsible for:

actions of other users on the Website, including dishonest requests or messages;
accuracy, completeness or relevance of data entered by users in contact forms;
decisions made by the user based on information published on the Website (including tour booking, route selection, etc.);
incompatibility of the Website with software, browsers, mobile platforms or user devices;
viruses, malware, connection failures, transmission errors, caching failures, technical malfunctions or other problems caused by both internal and external factors, including actions of hosting, internet providers, hackers and other third parties.

6.2. External resources.

The Website may contain links, frames, plugins or widgets leading to third-party sites or services (including but not limited to: payment platforms, third-party yacht booking, Google Maps, Instagram, YouTube, etc.). The Company does not control the content or technical condition of such resources and is not responsible for:

their content, accuracy, legality, security or privacy compliance;
any losses or damages suffered by the user as a result of following an external link;
actions of third parties managing these sites.

The presence of a link to a third-party resource does not mean that the Company recommends or guarantees the reliability of this resource. The user undertakes to independently familiarize themselves with the terms of use and privacy policy of third-party sites before starting to interact with them.

6.3. Communications and mailings.

The Company takes all reasonable measures to process user requests sent through feedback forms, email or messengers (WhatsApp, Telegram, etc.). However, the Company is not responsible for:

non-receipt of emails or messages due to user fault (for example, incorrect email indication, mailbox blocking, spam filters);
message transmission failures for technical reasons beyond the Company's control (messenger failures, interruptions on the internet provider side, access restrictions, etc.);
response delays caused by support service load or force majeure circumstances.

The user is responsible for the relevance and correctness of provided contact information.

6.4. User warranties and liability.

The user undertakes to use the Website in good faith, without violating legislation, these Terms and the rights of third parties. The user confirms that

all data entered by them is accurate and current;
when interacting with the Website, they do not violate anyone's rights, including copyright, property or personal rights;
will not undertake actions aimed at destabilizing Website operation, violating data protection or interfering with Company server operation.

In case of violation of these Terms, the user bears full legal and material responsibility. The Company reserves the right to:

suspend user access to the Website (in whole or in part) without prior notice;
apply other legal measures provided by law;
demand from the violator compensation for all losses incurred, including website restoration costs, legal and court expenses, regulatory fines (if the violation led to regulatory intervention), as well as lost profits and reputational losses.

6.5. Consumer rights.

None of the provisions of these Terms may be interpreted as limiting the lawful rights of the consumer provided to them in accordance with applicable law. In particular, if the Website user acts as a consumer under the consumer protection legislation of the Kingdom of Spain (Ley General para la Defensa de los Consumidores y Usuarios), they retain all corresponding rights and guarantees, including the right to information, returns, purchase refusal (within reasonable time limits) and protection from unfair practices. In case of conflict between these Terms and consumer protection legislation, the norms of the latter apply.

Terms Modification and Document Version

7.1. Modification procedure.

Sea Wave Yachting S.L. reserves the right to make changes, additions or completely replace these Terms of Use unilaterally without prior notice. The updated version of the Terms takes effect from the moment of its publication on the Company's official website, unless a different effective date is expressly specified therein. The date of the last update is displayed at the beginning of this document and/or on the page where the Terms are posted. The Company recommends that users regularly check the Terms for updates, especially before making a booking or submitting a request, as use of the Website after changes are made means agreement with the new version.

7.2. Acceptance of changes.

Continued use of the Website by the user after the new version of the Terms takes effect is considered full and unconditional acceptance of such changes. If the user does not agree with the new version of the Terms, they must stop using the Website. Upon written request, the Company may provide access to previous versions of the Terms (for example, to confirm the applicable version on a specific date related to a specific transaction or legal dispute).

7.3. Transfer of rights and obligations.

The Company has the right to fully or partially transfer its rights and obligations under these Terms (including within the framework of reorganization, merger, acquisition or sale of assets) to any third party without the need to obtain separate user consent, provided proper fulfillment of obligations to users is maintained. Such transfer will not infringe upon the lawful rights of the user and will not worsen the terms of service provision. The user, in turn, may not transfer their rights and obligations under these Terms to third parties without prior written consent from the Company.

7.4. Absence of special legal relations.

Nothing in these Terms may be construed as creating agency, partnership, employment or fiduciary relations between the Company and the user. Use of the Website does not entail the creation of a mandate contract, employment contract, joint activity or other special obligations, except as expressly provided by the Terms or Public Offer.

7.5. Invalidity of individual provisions.

If any provision of these Terms is recognized by a court or competent authority as fully or partially invalid, illegal or unenforceable, the remaining provisions remain in force and continue to operate in full. If necessary, the invalid provision may be replaced by a formulation closest in meaning and effect to the original, in accordance with applicable law.

7.6. Applicable law and jurisdiction.

These Terms are governed and interpreted in accordance with the laws of the Kingdom of Spain. All disputes arising from or in connection with these Terms are subject to resolution in the manner provided by applicable Spanish law, with exclusive jurisdiction of Barcelona courts, except in cases where applicable law provides the user acting as a consumer with the right to apply to a court at their place of residence. With the consent of the parties, the dispute may be referred to arbitration at the Barcelona Chamber of Commerce (Cambra de Comerç de Barcelona), according to its rules.

Applicable Law and Jurisdiction

8.1. Legislation.

These Terms, as well as all legal relations between the user and Sea Wave Yachting S.L. arising in connection with access, use or interpretation of Website content, are subject to the laws of the Kingdom of Spain.

These Terms are developed in compliance with the provisions of:

Spanish Civil Code (Código Civil);
Law 34/2002 of July 11 on Information Society Services and Electronic Commerce (Ley de Servicios de la Sociedad de la Información y de Comercio Electrónico - LSSI-CE);
Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (General Data Protection Regulation - GDPR);
Spanish Organic Law 3/2018 of December 5 on Protection of Personal Data and Digital Rights (Ley Orgánica 3/2018, LOPDGDD);
as well as other applicable regulations in the field of consumer rights, intellectual property and online communications.

The Company complies with international standards of good faith and fair commercial practice in the digital environment.

8.2. Dispute resolution.

Any claims, complaints, disagreements or disputes related to these Terms, use of the Website, Company services or other actions within this online platform are subject to resolution through direct negotiations between the user and the Company within a reasonable time. If the dispute cannot be resolved out of court, it is subject to consideration in the courts and tribunals of Barcelona (Spain). The user and the Company expressly waive any other place of jurisdiction that may be applicable based on other factors (for example, user's place of residence or local laws). In addition, if provided by law and agreed by both parties, the dispute may be referred to arbitration of the Barcelona Chamber of Commerce, operating in accordance with its arbitration rules. The place of arbitration will be Barcelona, the language of proceedings - Spanish.

8.3. Language versions.

The official working version of these Terms is the Russian version published on the Website. The Company may also provide translations into other languages (for example, Spanish, English, German, etc.) exclusively for informational purposes and convenience of international users.

In case of any discrepancies or differences between the Russian and other versions of the Terms, priority is given to:

Spanish version, if officially published by the Company;
Russian version, if Spanish is absent.

Continued use of the Website after familiarization with the translation does not exempt the user from compliance with the provisions of the original version of the Terms.

8.4. Severability of provisions.

If any of the provisions of these Terms is recognized as invalid, illegal or having no legal force in whole or in part, this does not affect the validity and applicability of the remaining provisions. Such provision will be replaced or interpreted in the closest possible sense, corresponding to the intentions of the parties and applicable law.

8.5. Completeness of agreement and document priority.

These Terms of Use constitute the complete and exclusive agreement between the user and the Company regarding use of the Website. They cancel and replace any previous agreements, oral or written, correspondence or arrangements concerning similar issues.

Additional documents, such as:

Public Offer for charter services (regulates legal and commercial aspects of booking and tour provision);
Privacy Policy (regulates collection, storage, protection and processing of personal data);
Cookie Policy,

are integral legal components applied simultaneously with these Terms.

In case of conflict between the provisions of these Terms and the provisions of the public offer, in the part concerning the conditions of tourist service provision, the text of the public offer as the prevailing contract takes precedence.