GENERAL CONDITIONS

1. GENERAL INFORMATION

The ownership of this website https://www.bliink.es, (hereinafter Website) is held by: Bliink Tours S.L., with NIF: B42729053 and registered in: Registro Mercantil de las Illes Balears; and whose contact details are:

Address: C/Bijuters, 20 nave 2, 07760 Ciutadella de Menorca
Contact telephone number: 871716390
Contact email: info@bliink.es

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (https://www.bliink.es) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that Bliink carries out through the Website includes:

Sale of tourist experiences and boat hire.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy and Bliink`s privacy and data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and Conditions and by all of the above, so if you do not agree with all of the above, you should not use this Website.

We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.

For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, the User accepts all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility extends to:
- To make use of this Website only to make enquiries and legally valid purchases or acquisitions.
- Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
- To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

The User may formalise, at his/her choice, with Bliink the contract of sale of the desired products and/or services in any of the languages in which the present Terms and Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of https://www.bliink.es, during which various products and/or services can be selected and added to the shopping cart, basket or final purchase space and, finally, click on: "Process reservation".

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details can be modified.

Subsequently, the User will receive an email confirming that Bliink has received their order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. Where appropriate, this information may also be made available to the User via their personal space connected to the Website.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are displayed next to the presentation or, where appropriate, image of the product and/or service on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.

The User is aware that Bliink shows him/her, for his/her interest, a series of services that the owner does not provide directly to the Users, but which will be contracted and provided by a third party other than Bliink.

4. AVAILABILITY

All purchase orders received by Bliink through the website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause eight of these Conditions) affects the supply of the same and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, Bliink undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted means of payment will be: Credit or debit card

Bliink uses all means to ensure the confidentiality and security of payment details transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorisations by the issuing bank, if the issuing bank does not authorise payment, Bliink will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.

Once Bliink receives the purchase order from the User through the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time that the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where applicable, place established.

In any case, by clicking on "Process reservation" the User confirms that the payment method used is his or her own.

6. TECHNICAL MEANS FOR CORRECTING ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify the same by contacting Bliink through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or using the contact details provided in the first clause (General information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.

In any case, the User, before clicking on "Process reservation", has access to the space, trolley or basket where his or her purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy for more information on how to exercise their right of rectification in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

7. REFUNDS

In the cases in which the User acquires products on or through the Website of the owner, he/she has a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase. The User will have the right to cancel the service purchased as long as this is done 24 or 48 hours prior to the provision of said service, always according to what is indicated on the page from which the product has been purchased.

This period of withdrawal or cancellation will expire 24/48 hours before the provision of the service purchased by the User without the User being entitled to any refund.

To exercise this right of withdrawal, the User must notify Bliink of their decision. This may be done, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means chosen to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Bliink makes available on the Website.

In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.

In the event of withdrawal, Bliink shall reimburse the User for all payments received without undue delay and, in any event, no later than 14 calendar days from the date on which Bliink is informed of the User`s decision to withdraw.

Bliink will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, Bliink may withhold such reimbursement until the User provides proof of reimbursement by claim, depending on which condition is met first.

The User acknowledges that he/she is aware that he/she will have to bear the direct cost of returning the goods (possible expenses arising from bank transactions or currency exchange), should any be incurred.

The User acknowledges being aware that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users will not have the right of withdrawal when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been completely executed by Bliink, they will have lost their right of withdrawal.

You can download the model withdrawal form at the following link: https://www.bliink.es/es

8. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Bliink accepts no liability for the following losses, irrespective of their origin:

- any losses that are not attributable to any breach by you;

- business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of - any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between the parties.

Bliink also limits its liability in the following cases:

- Bliink applies all measures concerning providing a faithful visualisation of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser being used or others of this nature.

- Technical failures which, by chance or otherwise, prevent the normal operation of the service via the Internet. Lack of availability of the website due to maintenance or other reasons, which prevents the availability of the service. Bliink makes every effort to carry out the process of purchase, payment and shipping/delivery of the products, however Bliink is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.

- In general, Bliink shall not be liable for any failure or delay in the fulfilment of any of the obligations assumed, when the same is due to events beyond its reasonable control, that is to say, due to force majeure, and this may include, but is not limited to o Strikes, lockouts or other industrial action.

o Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.

o Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.

o Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private.

o Impossibility of using public or private telecommunications systems.

o Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations shall be suspended for the period during which the force majeure continues, and Bliink shall have an extension of time to fulfil them for a period of time equal to the duration of the force majeure. Bliink will use all reasonable means to find a solution that will enable it to fulfil its obligations despite the force majeure.

9. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that the majority of communications with Bliink will be electronic (e-mail or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Bliink sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognised by law to the User.

The User may send notifications and/or communicate with Bliink through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Bliink may contact and/or notify the User by email or at the postal address provided.

10. WAIVER

No waiver by Bliink of any specific legal right or action or failure by Bliink to require strict compliance by the User with any of its obligations shall constitute a waiver of any other right or action deriving from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by Bliink of any of these Terms or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.

11. VOID

If any of these Conditions are declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.

13. DATA PROTECTION

The information or data of a personal nature that the User provides to Bliink in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website the User consents to the processing of such information and data and declares that all information or data provided is true.

14. APPLICABLE LEGISLATION AND JURISDICTION

Access to, browsing and/or use of this Website and contracts for the purchase of products through the same shall be governed by Spanish law.

Any controversy, problem or disagreement arising from or related to the access, navigation and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between Bliink and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

15. COMPLAINTS AND CLAIMS

Users may send Bliink their complaints, claims or any other comments they may wish to make through the contact details provided at the beginning of these Terms and Conditions (General Information).

In addition, Bliink has official complaint forms available to consumers and users, which they can request from Bliink at any time, using the contact details provided at the beginning of these Terms and Conditions (General Information).

Furthermore, if a dispute arises from the conclusion of this purchase contract between Bliink and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.