These General Sales Conditions regulate the use and the sales of the activities on the website “ https://www.atlantidasubmarine.com “, of which ATLANTIDA SUBMARINE, SL, with CIF B-35454529, is the owner.
The Client accepts without reservation the General Conditions when making the purchase, declaring to have prior knowledge of its content for having provided ATLANTIDA SUBMARINE, SL, a copy of the same and, in addition, for having indicated that they are at his disposal published in the Web page https://www.atlantidasubmarine.com.
Purchases made through this website are subject to the general conditions of sale contained in this website at the time of placing the purchase order, which exclude the application of any general conditions of purchase of the Client.
These General Conditions are presented in accordance with the applicable regulations, which will have an indefinite period of validity.
The consumer and user accepts that he is a person with sufficient capacity to contract, that he has read, understands and accepts these General Conditions without exceptions, and also assumes the obligations arising from them.
Generalities
Individuals who are minors, and persons without the capacity to act under Spanish law, may not make any purchases from ATLANTIDA SUBMARINE, SL, which reserves the right not to accept purchases from minors.
For the purposes of communications, ATLANTIDA SUBMARINE, SL, makes the following data available to the consumer:
ATLANTIDA SUBMARINE, SL, with CIF B-35454529, whose representative is Mr. Luciano Álamo Segura, and whose contact details are:
Address: Avenida Explanada del Castillete, number 32, postal code 35138, Puerto de Mogán- Las Palmas.
Contact phone: 928 565 108
Contact email: web@atlantidasubmarine.com
The language in which the contractual relationship will be perfected will be only in Spanish.
Identification of the parties
ATLANTIDA SUBMARINE, SL, with CIF B-35454529, with address at Avenida Explanada del Castillete, number 32, postal code 35138, Puerto de Mogán-Las Palmas, as provider/seller of the activities acquired by the client through this site Web.
On the other hand, the client, registered on the website and whose purpose is to be a consumer and/or user thereof and/or acquire/contract the activities of ATLANTIDA SUBMARINE, SL
Responsibility of the parties
These Conditions establish the rights and obligations of all users, in relation to the activities that we offer through our website “ www. atlantidasubmarine.com .”
The client is obliged to make lawful use of the website, respecting current legislation and refraining from injuring the rights and interests of third parties, as well as ATLANTIDA SUBMARINE, SL
The client is responsible for the veracity of the data provided to ATLANTIDA SUBMARINE, SL, therefore, he is responsible for the consequences that may be caused by providing false or erroneous data on this website. Likewise, the activities presented on this website are in accordance with Spanish legislation.
The client must respect and accept the general contracting/sale conditions, and the legal and privacy notices established on this website.
Failure to comply with the foregoing may give rise to nullifying/canceling the purchase offered by ATLANTIDA SUBMARINE, SL, without the need for prior notice and without entitlement to any compensation, as well as the initiation of legal actions in defense of their rights and interests.
Without prejudice to the client’s right of withdrawal, ATLANTIDA SUBMARINE, SL, will not be responsible for non-compliance or delay in fulfilling its obligations to the Client, if it were motivated by any reasons of fortuitous event or force majeure that affect both ATLANTIDA SUBMARINE, SL, as well as its suppliers, including strike cases, other labor or industrial contingencies, lack or inability to obtain raw materials, etc. If the cause of force majeure continues for more than 2 months, ATLANTIDA SUBMARINE, SL, or the Client may consider the purchases in progress to be canceled and without effect, without this accruing any indemnity or compensation in favor of the Client.
The Client undertakes, in general, to make the purchase diligently, in accordance with the law, morality, public order and the provisions of these General Conditions of sale.
ATLANTIDA SUBMARINE, SL, reserves the right to decide, at any time, the purchases offered to Clients through the website. In particular, ATLANTIDA SUBMARINE, SL, may at any time add new activities to those offered or included on the website, it being understood that unless otherwise provided, such activities will be governed by the provisions of these General Conditions of Sale. Likewise, ATLANTIDA SUBMARINE, SL, reserves the right to stop providing or facilitating access and use at any time and without prior notice of any of the different types of activities offered on the website. The activities included on the website will correspond reliably to the activities actually offered. The prices indicated on the website are in euros and include the IGIC, unless otherwise indicated.
ATLANTIDA SUBMARINE, SL, reserves the right to cancel or reject any purchase of a User-Client with whom it maintains a dispute regarding the payment of a previous purchase.
Purchases made on the Internet through the web page, entail contractual data between the Client and the web page that will be confirmed and collected by both parties.
ATLANTIDA SUBMARINE, SL, commits to accept purchase orders in accordance with the terms of the general conditions of sale set forth herein. The Client declares to know and accept these general conditions of sale before confirming their purchases. The confirmation of a purchase implies, therefore, the acceptance of these General Conditions of Sale. Unless proven otherwise, the data registered by the website constitutes proof of all the transactions carried out between ATLANTIDA SUBMARINE, SL, and its clients.
Conditions of access and registration
Access to the web page is voluntary, therefore, the user of the same will have the right to free access to the public information presented on the web, although ATLANTIDA SUBMARINE, SL, reserves the right to restrict access to information, and special offers and promotions exclusively to its registered customers.
Any user who accesses the web page will have the right to register as a client, and from that moment may take advantage of special promotions, provided that they comply with the specific conditions of the offer.
Prior to making and formalizing any purchase, the user must register as a customer, completing a small form with their personal data and contact data.
Once registered and fulfilled the requirements established in the previous paragraphs, the client may proceed to the formalization of the purchase, according to the purchase procedure.
Purchase procedure, payment method, cancellation and return policy
Once registered, the Customer can make his purchase, following the instructions that appear on the screen. The validation of the purchase by the Client implies the express acceptance and knowledge of these General Conditions of Sale.
Once the purchase has been made, ATLANTIDA SUBMARINE, SL, will send confirmation of the purchase to the email address that the customer has provided. Review your purchase, and the data entered, in order to communicate any changes in advance.
Purchases will be accompanied by a purchase ticket or invoice, if so indicated by the customer, to the address provided by the customer when making the purchase.
Within a maximum period of twenty-four (24) hours, an email will be sent to the Client, confirming the purchase. Said email will assign a purchase reference code, and will detail the characteristics of the purchase.
The Customer who makes the purchase must make the payment through the payment systems specifically detailed in the Store. In application of current legislation, the return periods may be made within 14 calendar days once the purchase has been made. No refunds can be made 48 hours before the date of the dive. If the reservation is made with third parties, you must contact your provider directly.
ATLANTIDA SUBMARINE, SL, will file the electronic documents in which the purchase is formalized, sending a copy to the Client once the purchase has been made. The contract will be made in the Spanish language.
The confirmation of the purchase sent by ATLANTIDA SUBMARINE, SL, is not valid as an invoice, only as proof of purchase. The corresponding invoice will be sent by email and the user can also download it from their account. Likewise, the client has the right to receive, free of charge, the paper invoice when voluntarily or by legal obligation, they have requested it expressly.
With the premise that ATLANTIDA SUBMARINE, SL, offers you the maximum guarantees of quality and safety, we detail our cancellation and refund policy:
The activity takes place in a natural environment that occasionally forces us to modify or cancel the activity. In case of cancellation or modification due to unforeseen situations by ATLANTIDE SUBMARINE, SL, the client may carry out the activity according to availability and prior reservation, or request the reimbursement of the amount paid in the same form of payment.
Passengers must present themselves at the boarding area well in advance of the reserved dive time.
To cancel or modify a reservation, you must contact us at least 48 hours in advance, outside of that period we will not refund the amount paid. If you make reservations with third parties, you should contact your supplier.
Email web@atlatidasubmarine.com or by phone +34 928 565 108 from 10:00 a.m. to 5:00 p.m. every day (GMT time).
Price and term of validity of the services
The client accepts that the economic valuation of some of the activities may vary in real time. As a consequence, the price to be applied will be the one in force on the date of the purchase.
Notwithstanding the foregoing, said final price will be communicated to the customer in the electronic purchase process in advance and before he proceeds to formalize his acceptance of the purchase.
The prices indicated for each purchase include the General Indirect Canary Tax (IGIC) and in any case will be expressed in the Euro currency (€), unless expressly stated otherwise, and do not include shipping costs, shipments or any other additional services and annexes to the purchased service.
Billing
Upon request of the client user, an invoice will be sent to the email address provided by the user in the purchase/registration process.
The client user expressly authorizes ATLANTIDA SUBMARINE, SL, to demand the payment of any additional expenses that may be incurred as a result of the purchase, if it occurs.
Right of withdrawal
By virtue of the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, modified by Law 3/ 2014, of March 27, the consumer has the right to withdraw from the contract concluded remotely (by telephone, internet, postal mail, fax, at home, etc.) within a period of 14 calendar days without the need for justification .
The withdrawal period will expire 14 calendar days from the day of the conclusion of the contract.
To exercise the right of withdrawal, the consumer must notify his decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). You can use this withdrawal form model, although its use is not mandatory. The user also has the option to electronically complete and send the withdrawal form model or any other unequivocal declaration through the website www.atlantidasubmarine.com. Through this option, the consumer will receive without delay in a durable medium (for example, by email) the acknowledgment of receipt of said withdrawal. To comply with the withdrawal period, it is enough that the communication regarding the exercise of this right is sent by the consumer before the corresponding term expires.
The exercise of the right of withdrawal will extinguish the obligations of the parties to execute the contract or celebrate it when the consumer has made an offer, so that, in case of respecting the aforementioned conditions, I will reimburse all payments received, and, in any case, before 14 calendar days have elapsed from the date on which the will of the consumer and user to withdraw from the contract was received. This reimbursement will be made using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise and as long as you do not incur any expenses as a result of the reimbursement.
The contracts mentioned in article 103 of Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, are excluded from the right of withdrawal. and article 103 of exceptions to the right of withdrawal of Law 3/2014, of March 27.
Covid-19 update. Spanish Legal Clause RGPD European LOPDGDD to insert in the company website (Privacy Policy). Covid-19/Coronavirus Health Safety Prevention.
ATLANTIDA SUBMARINE, SL, with CIF B-35454529, informs you that, in accordance with articles 5, 12 and 13 of the General European Data Protection Regulation 679/2016, of April 27 (RGPD), and articles 5, 6, and 11 of Organic Law 3/2018, of 5 of December, of Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), regarding the treatment and the duty of confidentiality, that the personal data that you have provided us, will be treated by ATLANTIDA SUBMARINE, SL, as Responsible for the treatment, for the purposes commercial-invoicing relationship/ in order to fulfill the commitments between the parties, procedures related to pre-contracting/contracting, maintenance of the pre-contractual/contractual relationship and internal company-client management. The data provided will be kept as long as the commercial, pre-contractual/contractual relationship is in force or during the years necessary to comply with legal obligations. Personal data will not be transferred to third parties except in cases where there is a legal obligation.
By reading and validating this document, you consent and expressly authorize ATLANTIDA SUBMARINE, SL to collect and store personal data for the aforementioned purpose.
The interested party will have the right to withdraw their consent at any time. The withdrawal of consent will not affect the legality of the treatment based on the consent prior to its withdrawal. (article 7.3 of the RGPD).
In the event of any modification/variation of your personal data, please notify us duly in writing, in order to keep your personal data updated.
ATLANTIDA SUBMARINE, SL, guarantees the proper use of the information, and especially the personal data contained in our files, as well as full compliance with the obligations regarding the protection of personal data.
ATLANTIDA SUBMARINE, SL, will apply appropriate technical and organizational measures to guarantee a level of security appropriate to the risk, which, where appropriate, includes, in accordance with the provisions of article 32 General European Data Protection Regulation 679/2016, of 27 April (RGPD) among others: a) pseudonymization and encryption of personal data; b) the capacity to guarantee the permanent confidentiality, integrity, availability and resilience of treatment systems and services; c) the ability to restore the availability and access to personal data quickly in the event of a physical or technical incident; d) a process of regular verification, evaluation and assessment of the effectiveness of the technical and organizational measures to guarantee the security of the treatment.
The controller shall take steps to ensure that any person acting under the authority of the controller and having access to personal data may only process such data on the instructions of the controller, unless required to do so under Union law. or the member states.
ATLANTIDA SUBMARINE, SL, commits not to process personal data for purposes other than those agreed, as well as not to transfer or communicate them to third parties except legal obligation.
ATLANTIDA SUBMARINE, SL, commits to comply with professional secrecy and confidentiality regarding the personal data subject to processing, and must maintain professional secrecy and confidentiality during the term of the contracted service, and after its expiration. Likewise, it commits to inform and enforce its employees, the legal obligations established by law, and in particular, the duty of secrecy, confidentiality and compliance with the security measures of computerized/non-computerized files with personal data.
ATLANTIDA SUBMARINE, SL, is empowered to keep personal data, duly blocked, as long as responsibilities may arise from its relationship with the data controller/Client or when there is a legal obligation to retain said data required of the Data Processor.
ATLANTIDA SUBMARINE, SL, guarantees, in accordance with current community and national regulations on the protection of personal data, the protection of personal data and the exercise by its owners of the rights recognized in articles 15 to 21 of European General Data Protection Regulation 679/2016, of April 27 (RGPD), and articles 13 to 18 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights ( LOPDGDD).
Data will not be transferred to third parties, except legal obligation. The rights that assist you are to file a claim with a control authority, the right of access, rectification, cancellation, limitation or opposition to its treatment (ARCO RIGHTS), transparency of information, deletion (right to be forgotten) , portability of your personal data, after proof of your identity, by request/request sent by postal mail/email, to the postal address/email of the company, with address at Avenida Explanada del Castillete, number 32, postal code 35138, Puerto de Mogán- Las Palmas.
ANNEX ON THE PROTECTION OF PERSONAL DATA. CORONAVIRUS HEALTH SECURITY PREVENTION.
You are informed that in accordance with the provisions of Royal Decree-Law 21/2020, of June 9, and Law 2/2021, of March 29, on urgent prevention, containment and coordination measures to deal with the health crisis caused by COVID-19, as well as preventing possible outbreaks:
The planned preventive measures are part of the decisive action of the Spanish Government to protect the health and safety of citizens, contain the progression of the disease and strengthen the public health system (guarantee the right to life and health protection/ measures that must be adopted to avoid the generation of risks of spreading the COVID-19 disease).
Article 4. Duty of caution and protection.
All citizens must adopt the necessary measures to avoid the generation of risks of the spread of the COVID-19 disease, as well as their own exposure to said risks, in accordance with the provisions of this royal decree-law. Said duty of caution and protection will also be required of the holders of any activity regulated in this royal decree-law.
Article 7. work centers
- Without prejudice to compliance with the occupational risk prevention regulations and the rest of the applicable labor regulations, the owner of the economic activity or, where appropriate, the director of the centers and entities, must:
- a) Adopt ventilation, cleaning and disinfection measures appropriate to the characteristics and intensity of use of the work centers, in accordance with the protocols established in each case.
- b) Make available to workers water and soap, or hydroalcoholic gels or disinfectants with virucidal activity, authorized and registered by the Ministry of Health for hand cleaning.
- c) Adapt working conditions, including the ordering of jobs and the organization of shifts, as well as the use of common places in a way that guarantees the maintenance of a minimum interpersonal safety distance of 1.5 meters among the workers. When this is not possible, workers must be provided with protective equipment appropriate to the level of risk.
- d) Adopt measures to avoid the massive coincidence of people, both workers and clients or users, in the work centers during the time slots of foreseeable greater influx.
- e) Adopt measures for the progressive reincorporation in person to jobs and the promotion of the use of teleworking when possible due to the nature of the work activity.
- People who present symptoms compatible with COVID-19 or are in home isolation due to a diagnosis of COVID-19 or who are in a period of home quarantine due to having had close contact with someone with COVID-19 should not go to your center of work.
- If a worker begins to have symptoms compatible with the disease, they will immediately contact the telephone provided for this by the corresponding autonomous community or health center, and, where appropriate, with the corresponding occupational risk prevention services. Immediately, the worker will put on a mask and follow the recommendations indicated, until their medical situation is assessed by a health professional.
Article 23. Information obligation.
- The obligation is established to provide the competent public health authority with all the data necessary for the monitoring and epidemiological surveillance of COVID-19 that are required by it, in the appropriate format and diligently, including, where appropriate, the data necessary for personal identification.
Article 26. Provision of essential information for traceability of contacts.
The establishments, means of transport or any other place, center or public or private entity in which the health authorities identify the need to carry out traceability of contacts, will have the obligation to provide the health authorities with the information they have or that they is requested regarding the identification and contact details of the potentially affected persons.
Article 27. Personal data protection.
- The treatment of personal information that is carried out as a result of the development and application of this royal decree-law will be done in accordance with the provisions of 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 95/46/CE is repealed, in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, and in the provisions of articles eight.1 and twenty-three of Law 14/1986, of April 25, General Health. In particular, the obligations of information to the interested parties regarding the data obtained by the subjects included in the scope of application of this royal decree-law will comply with the provisions of article 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, taking into account the exceptions and obligations provided for in section 5.
- The treatment will have the purpose of monitoring and epidemiological surveillance of COVID-19 to prevent and avoid exceptional situations of special gravity, attending to reasons of essential public interest in the specific field of public health, and for the protection of vital interests of those affected. and other natural persons under the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016. The data collected will be used exclusively for this purpose.
In accordance with European (EUROPEAN RGPD) and Spanish (SPANISH LOPDGDD) regulations regarding the protection of personal data, the legal basis for the lawful processing of personal data in exceptional cases, such as the control of epidemics and their spread, the mission carried out in the public interest (art. 6.1.e) or the vital interests of the data subject or other natural persons (art. 6.1.d), notwithstanding that there may be other bases such as, for example, compliance with a legal obligation (for the employer in the prevention of occupational risks of its personnel). These legal bases allow the processing of data without the consent of those affected .
Highlight the Organic Law 3/1986 on Special Measures in Public Health Matters (modified by Royal Decree-Law 6/2020, of March 10) or the General Public Health Law 33/2011. The first of these regulations states that “in order to control communicable diseases, the health authority, in addition to carrying out general preventive actions, may adopt the appropriate measures to control the sick, the people who are or have been in contact with them and the immediate environment, as well as those considered necessary in case of risk of a transmissible nature.
Regarding the risk of transmission of diseases, epidemics, health crises, etc., the applicable regulations have granted the health authorities of the different Public Administrations the powers to adopt the necessary measures provided for by law when required by health reasons of urgency or necessity. . From a personal data processing point of view, the protection of the vital interests of natural persons corresponds in the field of health to the different health authorities of the different public administrations, who may adopt the necessary measures to safeguard people in health emergency situations.
Thus, it will be the health authorities of the different Public Administrations who must adopt the necessary decisions, and the different controllers of personal data processing must follow said instructions, even when this involves the processing of personal health data .
The processing of personal data, even in these health emergency situations, must continue to be processed in accordance with the personal data protection regulations (RGPD and Organic Law 3/2018 on the Protection of Personal Data and guarantee of digital rights), as that these regulations have foreseen this eventuality, for which reason its principles are applicable to it, and among them that of treating personal data with legality, loyalty and transparency, limitation of the purpose (in this case, safeguarding the interests of people before this pandemic situation), the principle of accuracy, and the principle of data minimization.
You are informed of the Resolution of the Government of the Canary Islands of March 24, 2022, of the Agreement that temporarily suspends the limiting measures for the protection of health and the prevention of the spread of COVID-19 applicable at the different levels health alert; and Decree Law 11/2021, of September 2, of the Government of the Canary Islands, which establishes the legal health alert regime and the measures for the control and management of the COVID-19 pandemic in the Canary Islands.
Article 1.- Object.
The purpose of this Decree Law is the regulation of the legal health alert regime and the measures for the control and management of the COVID-19 pandemic, within the framework established by Organic Law 3/1986, of April 14, on Special Measures in Public Health, Law 2/2021, of March 29, on urgent prevention, containment and coordination measures to deal with the health crisis caused by COVID-19, the basic State regulations and development regulations from the Canary Islands
Article 6.- Duty of caution and protection.
- All people who are in the territory of the Autonomous Community of the Canary Islands must adopt the necessary measures to avoid the generation of risks of spreading the COVID-19 disease, including compliance with the isolation or quarantine prescribed by a health professional, as well as own exposure to such risks. This duty of caution and protection will also be required of the persons holding any activity.
- Any person who experiences any of the symptoms compatible with COVID-19 established by the health authority will remain at home, notify their health service and follow the measures indicated.
- Likewise, the safety and hygiene measures established by the health authorities for the prevention of COVID-19 must be respected.
Article 17.- Rated treatments of personal data in relation to the epidemiological situation and contacts.
- The treatment of the personal data necessary for the management of the actions regulated in this title, carried out by the health administrations, by the Canarian security and emergency system, by the civil protection system, by the State security forces and bodies and the regional and local police, as well as the people who carry out contagion and contact tracing tasks, whatever their relationship with the health administration, are covered by the letters g), h), i) and j) of article 9.2 of the General Data Protection Regulation given the current health emergency situation.
- The data indicated in the previous section, for the reasons indicated therein, may be communicated using, if necessary, telematic means that guarantee permanent updating and the possibility of continuous access by the police authority and the competent services for the control of the confinement obligation, including the Education Inspectorate and the public emergency services when entrusted with this task. This treatment will be carried out in accordance with the provisions of the regulations on the protection of personal data.
- Any application of the provisions of this article must respect the legal guarantees established in Organic Law 3/2018, of December 5, on Data Protection, and, in particular, the authorities and public employee personnel involved in the application of these measures will be obliged, under the appropriate responsibilities, to the processing of personal data in accordance with data protection regulations and, in particular, strictly subject to the provisions of article 5 of the General Data Protection Regulation, and , among them, the treatment of personal data with legality, loyalty, limitation of the purpose, accuracy and minimization of these, as well as to keep the secret.
Complaint forms
At the postal address Avenida Explanada del Castillete, number 32, postal code 35138, Puerto de Mogán, Mogán-Las Palmas, the Client and/or user have complaint forms at their disposal, as established by the competent regulations on this matter. Notwithstanding the foregoing, the Client and/or user may, in any case, request their referral through the contact form established for this purpose on the website.
Jurisdiction and Applicable Law
These general conditions of sale will be governed by Spanish law in the event that any conflict or discrepancy arises in the interpretation or application of these general conditions, against a Client and/or user, the competent courts will be those of the domicile of this one.
In the case of a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of San Bartolomé de Tirajana-Las Palmas (Spain).
Applicable Law and Jurisdiction
The parties expressly submit to Spanish law and to the jurisdiction of the courts and tribunals of the city of San Bartolomé de Tirajana-Las Palmas for the resolution of any disputes or litigation that may arise from the execution or interpretation of the service/activity.
