Legal document
Legal Notice
Article 01
Owner identification
In compliance with Article 10 of Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE), the following identifying details of the website owner are provided:
Name: Pirate Sailor
Activity: Nautical advisory, recreational boat rental, nautical trip organisation, boat maintenance and documentation
Address: Marina Pobla de Farnals, Valencia, Spain
E-mail: info@piratesailor.com
Website: https://piratesailor.com
Areas of operation: Valencia, Mallorca, Ibiza, Formentera and Menorca
Pirate Sailor qualifies as an information society services provider within the meaning of the LSSI-CE, as it makes content and information available to the public via the Internet.
Article 02
Purpose and scope of application
This Legal Notice sets out the general conditions governing access to, navigation of and use of the website piratesailor.com and all its subdomains and dependent pages, as well as the rights and obligations of the owner and users.
The website's purpose is to provide information about Pirate Sailor's services, facilitate contact with potential clients and provide nautical information of interest. The website does not involve the direct online sale of goods or binding electronic contracting, unless expressly indicated on specific pages.
This Legal Notice applies to all users who access the website, regardless of their country of residence or domicile, and regardless of the device or technical means used for access.
2.1 Acceptance of conditions
Accessing and browsing the website implies full and unconditional knowledge and acceptance of all provisions included in this Legal Notice. If the user does not agree with any of the conditions set out herein, they must refrain from accessing and using the website.
Pirate Sailor reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the website, as well as these general conditions. The user assumes responsibility for periodically consulting the current Legal Notice.
Article 03
Access and use conditions
3.1 Free access
Access to the website is free of charge, without prejudice to certain content or services being subject to prior completion of contact or registration forms. The provision of the website access service is of indefinite duration, although Pirate Sailor may suspend or interrupt it at any time, particularly for maintenance, updating or security reasons.
3.2 Proper use of the website
The user undertakes to use the website in accordance with the law, this Legal Notice, morality and good customs, and public order. The user must refrain from:
- Using the website for illegal, fraudulent purposes or purposes contrary to the rights and interests of third parties.
- Reproducing, copying, distributing, transforming or publicly communicating the website's content without express authorisation from Pirate Sailor.
- Introducing or spreading computer viruses or any other physical or logical systems capable of causing damage to Pirate Sailor's or third parties' systems.
- Attempting to access, use or manipulate data belonging to Pirate Sailor, third-party providers or other users.
- Sending unsolicited messages (spam) or unwanted advertising through the website's contact channels.
- Using the website in a manner that could damage, disable, overload or deteriorate the server or networks connected to it.
- Impersonating another person or entity, or falsely claiming an association with another person or entity.
3.3 User liability
The user shall be liable for any damages of whatever nature that Pirate Sailor or third parties may suffer as a result of breaching the obligations arising from this Legal Notice or applicable law. Pirate Sailor reserves the right to take such legal action as may be appropriate against users who infringe these conditions.
3.4 Website availability
Pirate Sailor will endeavour, as a general rule, to ensure the website is continuously available. However, it does not guarantee the availability and continuity of the website's operation. Where reasonably possible, Pirate Sailor will give prior notice of any interruptions. Pirate Sailor also gives no warranty that the website is fit for any particular purpose or technically infallible.
Article 04
Intellectual and industrial property
4.1 Ownership of content
The website and all its content — including, by way of example and not limitation, texts, articles, photographs, images, illustrations, graphics, logos, trademarks, trade names, icons, buttons, software, source code, graphic designs, structure and selection and arrangement of content — are owned by Pirate Sailor or its licensors, and are protected by Spanish and international intellectual and industrial property legislation, in particular the Royal Legislative Decree 1/1996 of 12 April, Revised Text of the Intellectual Property Law (TRLPI) and the Trade Marks Act 17/2001 of 7 December.
4.2 Prohibition on reproduction
The reproduction, distribution, public communication, transformation, making available and, in general, any other form of exploitation — by any means — of all or part of the website's content, without the prior, express written authorisation of Pirate Sailor, is expressly prohibited.
Breach of this prohibition may constitute infringement of Pirate Sailor's intellectual or industrial property rights, and may give rise to the corresponding legal actions, including claims for damages pursuant to Articles 138 et seq. of the TRLPI.
4.3 Personal and private use
Only viewing, printing and partial downloading of website content is authorised, and exclusively when all the following conditions are met:
- It is compatible with the website's purposes.
- It is carried out with the sole aim of obtaining the information contained therein for personal and private use.
- No commercial or profit-making aim is pursued.
- The content is not modified in any way.
- Pirate Sailor's identification as rights holder is respected.
4.4 Trademarks and trade names
Pirate Sailor's trademarks, trade names, logos and distinctive signs appearing on the website are owned by Pirate Sailor or by third parties who have authorised their use, and are protected by applicable trademark law. Their use, reproduction or imitation without express authorisation is strictly prohibited and may constitute trademark infringement, giving rise to the legal liability provided for under the Trade Marks Act 17/2001.
4.5 Third-party content
Where the website incorporates third-party content (images, texts, embedded tools, maps, etc.), such content belongs to its respective owners, who hold the corresponding intellectual property rights. Pirate Sailor respects the intellectual property rights of third parties and, if a legitimate rights holder considers that any content infringes their rights, they may notify us at info@piratesailor.com for review and, if appropriate, removal.
Article 05
Limitation of liability
5.1 Accuracy of content
Pirate Sailor makes every effort to ensure that the information on the website is truthful, current and complete. However, information is provided "as is", without warranties of any kind. Pirate Sailor does not guarantee the accuracy, completeness, currency or fitness for any particular purpose of the website's content, and accepts no liability for any damages or losses arising from errors or omissions in published information.
In particular, prices, availability and conditions of services mentioned on the website are for informational purposes only and are subject to change without notice. Effective confirmation of any service will require the formalisation of a specific contract with Pirate Sailor.
5.2 Technical operation
Pirate Sailor does not guarantee the absence of viruses, malware or other harmful computer elements on the website, although it adopts reasonable technical security measures to prevent their presence and spread. Pirate Sailor is not liable for damages arising from:
- Interruptions or failures in the website's operation due to causes beyond its control (network failures, internet provider failures, power cuts, external attacks, force majeure, etc.).
- The presence of viruses or other harmful elements in content downloaded from the website, provided Pirate Sailor has adopted reasonable protection measures.
- Unauthorised third-party access to the website's content or systems, provided Pirate Sailor has adopted the required security measures.
- Incorrect or inappropriate use of the website or its content by the user.
5.3 Informational nature of content
The website's content is for informational and educational purposes only. Pirate Sailor accepts no liability arising from decisions taken by the user based solely on information published on the website without first consulting a qualified professional in the relevant field.
In no case shall information published on the website constitute binding professional advice of a legal, financial, tax, technical or nautical nature. For specific advice, the user should contact Pirate Sailor directly or the competent professional in each case.
5.4 Force majeure
Pirate Sailor shall not be liable for failure to comply with obligations arising from this Legal Notice where such failure is the consequence of unforeseeable or unavoidable circumstances beyond Pirate Sailor's reasonable control, including, among others: natural disasters, armed conflicts, strikes, supervening legal or administrative provisions, or widespread Internet network failures.
Article 06
Links policy
6.1 Outbound links
The website may contain hyperlinks or links to third-party websites. Pirate Sailor does not control, endorse or assume any liability for the content, information, communications, opinions, products or services available on such third-party websites, nor for their accuracy, lawfulness or suitability.
The inclusion of a link does not imply any relationship between Pirate Sailor and the linked site's owner, nor any recommendation, promotion or approval of that site's content by Pirate Sailor. Pirate Sailor is not liable for any damages or losses of any nature arising from accessing or using linked third-party websites.
6.2 Inbound links (deep linking)
Any third-party website wishing to establish a hyperlink to this website must comply with the following conditions:
- The link must lead exclusively to the website's homepage or to specific internal pages, without reproducing the site in frames or pop-up windows that could create confusion about the origin of the content.
- The linking website must not state or imply that Pirate Sailor has authorised the link or has supervised or endorsed the content or services offered by that site.
- The linking website must not contain unlawful content, content contrary to morality or public order, nor carry out unlawful or improper activities.
- The establishment of the hyperlink does not confer on the linking site any rights over Pirate Sailor's content, trademarks, logos or any other protected elements.
Pirate Sailor reserves the right to request the removal of any link that does not comply with the above conditions at any time, without this giving rise to any right to compensation.
6.3 Social media
The website contains links to Pirate Sailor's social media profiles (Facebook, Instagram, LinkedIn). These profiles are subject to the terms and conditions of use of each respective platform. Pirate Sailor does not control the privacy policies or content of social media platforms and recommends that users consult such policies before interacting with them.
Article 07
Privacy and cookies policy
The processing of personal data of website users is governed by Pirate Sailor's Privacy Policy, available at: piratesailor.com/privacy.html.
The website's cookie use policy is detailed in the Cookie Policy, available at: piratesailor.com/cookies.html.
These documents form an integral part of this Legal Notice and must be read in conjunction with it.
Pirate Sailor processes personal data in compliance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD). For any query relating to the processing of your personal data, please contact info@piratesailor.com.
Article 08
Electronic communications
In accordance with the LSSI-CE, Pirate Sailor may send commercial communications by electronic means provided the recipient has given their express consent, or where a prior contractual relationship exists authorising this, under the terms of Article 21 of that Act.
A user who has provided their e-mail address through the contact form or by subscribing to the newsletter expressly authorises Pirate Sailor to communicate with them via that medium for the purpose indicated in each case.
8.1 Contact form
The website provides a contact form for the purpose of receiving queries, information requests and bookings for nautical services. The user undertakes to provide truthful and current information and not to use the form for unlawful, unsolicited advertising or other purposes contrary to this Legal Notice.
Pirate Sailor will respond to requests received within a reasonable period, although this period does not constitute a commitment to provide services. A response to a query does not imply the existence of any contractual relationship.
8.2 Unsubscribing from commercial communications
Recipients of electronic commercial communications may revoke their consent to receive them at any time by clicking the unsubscribe link included in each communication or by writing to info@piratesailor.com. Pirate Sailor will process unsubscribe requests within a maximum of 10 business days from receipt.
Article 09
Minors
Pirate Sailor's website is not directed at persons under 18 years of age. Boat rental and nautical advisory services are directed exclusively at natural persons with full legal capacity under Spanish law.
In the case of contact forms, Pirate Sailor does not knowingly collect or process personal data of children under 14 without the consent of holders of parental responsibility or legal guardianship, in accordance with Article 8 of the GDPR and Article 7 of the LOPDGDD. Should Pirate Sailor detect that it has received personal information from a child under 14 without the appropriate authorisation, it will delete such information immediately.
Where a person under 18 wishes to contract any of Pirate Sailor's services, they must have the express consent of their parents or legal representatives.
Article 10
Applicable law and jurisdiction
This Legal Notice is governed in all respects by Spanish law, and the Spanish courts are competent to resolve any dispute that may arise in connection with access to, navigation of or use of the website.
The applicable reference legislation is as follows:
- Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE)
- Royal Legislative Decree 1/1996 of 12 April, Revised Text of the Intellectual Property Law (TRLPI)
- Trade Marks Act 17/2001 of 7 December
- Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)
- Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD)
- Royal Legislative Decree 1/2007 of 16 November, Revised Text of the General Law for the Defence of Consumers and Users (TRLGDCU)
- Law 3/1991 of 10 January on Unfair Competition
10.1 Applicable courts
For the resolution of any dispute arising from access to or use of this website, both Pirate Sailor and the user expressly submit, waiving any other jurisdiction that may apply to them, to the jurisdiction of the Courts and Tribunals of Valencia, unless applicable law imposes a mandatory jurisdiction in favour of the consumer or user.
10.2 Alternative dispute resolution
In accordance with Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes, users are informed that the European Commission provides an online dispute resolution (ODR) platform, accessible at: https://ec.europa.eu/consumers/odr. However, Pirate Sailor is not obliged to participate in alternative dispute resolution procedures before consumer alternative dispute resolution entities, unless expressly required by applicable law.
Article 11
Amendments and effective date
Pirate Sailor reserves the right to modify, at any time and without prior notice, the presentation and configuration of the website, as well as the content of this Legal Notice, to adapt it to legislative, jurisprudential or business changes, or to industry best practices.
Amendments will take effect from the moment they are published on the website. The user is responsible for periodically consulting the current Legal Notice. Continued use of the website following the publication of amendments will constitute acceptance of those amendments.
Should any provision of this Legal Notice be declared null or unenforceable, in whole or in part, by order of a competent authority, such nullity or unenforceability shall not affect the remaining provisions, which shall remain fully valid and binding.
Version: 2.0
Date of preparation: 1 January 2025
Date of last review: 1 January 2025
Primary reference legislation:
— Law 34/2002 of 11 July, LSSI-CE
— Royal Legislative Decree 1/1996 of 12 April, TRLPI
— Trade Marks Act 17/2001 of 7 December
— Regulation (EU) 2016/679 (GDPR)
— Organic Law 3/2018 of 5 December, LOPDGDD
— Royal Legislative Decree 1/2007 of 16 November, TRLGDCU
