These general conditions will be applicable by Nautic Rent 2014, S.L. (henceforthBrutal Barcelona), with NIF B66314139, registered at C / Ribera de Sant Pere, 13, 08860 Castelldefels (Barcelona) and any person who makes a purchase through the website www.brutalbarcelona.com
1 – Applicable legal regulation
Access to brutalbarcelona.com is completely voluntary and attributes the status of User to whoever performs it.
These General Contracting Conditions are subject to the provisions of Spanish legislation, which will be applied by 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, to Law 44/206, of December 29, to improve consumer protection and users, as well as any other regulation that replaces, complements, or modifies the foregoing, as may be applicable.
Brutal Barcelona reserves the possibility to modify, without prior notice, the content of the Legal Conditions in such a way that it recommends that the user read these Conditions each time the site is accessed. At any time, Brutal Barcelona, reserves the right to, and without prior notice, deny access to this site to those users who breach any of these General Conditions of Use or the particular ones that apply to them.
2- Use of the website
These General Conditions of Use regulate the access and use of brutalbarcelona.com, with the sole purpose of guiding and facilitating the user to enjoy the services offered by brutalbarcelona.com.
The user undertakes to make diligent use of it and the services accessible from brutalbarcelona.com, in full compliance with the Law, good customs and these General Conditions of Use.
In general, the provision of services does not require prior subscription or registration of users. However, Brutal Barcelona conditions the use of some of the services to the prior completion of the corresponding User registration.
To register in Brutal Barcelona it is mandatory to fill in the fields marked with an asterisk (*) in the registration form. The use of the account and its password is personal and non-transferable, the transfer, even temporary, to third parties is not allowed. It is the User’s responsibility to adopt the necessary measures to safeguard the selected password, avoiding its use by third parties. In the event that the User suspects or knows of the use of his password by third parties, he must inform Brutal Barcelona of such knowledge as soon as possible.
All information provided by the User through the services must be accurate and truthful. Updates of said data will be the responsibility of the User. The user will be solely responsible for the inaccuracy or falsity of the data provided.
By filling in the form and clicking on create account, the user declares to have read and accepted the Brutal Barcelona Legal Conditions.
With the insertion of information and / or images in the brutalbarcelona.com portal, the user declares himself the legitimate owner of the intellectual and industrial property rights of the content for the reproduction, distribution and public communication through any of the existing electronic means, without temporal or spatial limit. With this, the User declares to have sufficient rights to insert the information and / or images in the brutalbarcelona.com portal.
The insertion of allegedly illegal material is prohibited by national, community or international regulations, that do not meet the minimum quality parameters, that violate the fundamental rights of people, obscene material and in general that contravenes the principles of legality and honesty.
The User authorizes Brutal Barcelona to disseminate and / or modify the content that has been provided. Brutal Barcelona has no obligation to control the use that users make of the service, it is not guaranteed that users use them in accordance with the provisions of the Conditions.
3- Rental conditions
The tenant owner must read and accept these terms and conditions of use, be over 18 years old and will be responsible for the rented equipment.
The rented vehicles will be collected at the Brutal Barcelona facilities and must be returned to the same collection point, or to another prior agreement between the parties.
The rented equipment can only be used by the people that the client designates at the time of formalizing the contract.
The lessee receives the vehicle described in the contract in correct working order, maintenance and without deficiencies, except for the observations that may be made when receiving the vehicle in the rental contract itself. In the event of finding a deficiency in the leased vehicle, it is the obligation of the lessee to notify the rental office.
The tenant is obliged to be careful and to take the necessary precautions to protect the rented material. The client is obliged at all times to tie up the vehicles correctly when they are not in sight, in any case it is recommended to keep it with him whenever possible. Any type of damage or theft during the rental period will be assumed solely by the client and will immediately assume all replacement costs incurred at market price. In the event of theft, the client must immediately notify the police and file a complaint proclaiming the facts.
At the end of the rental period, a Brutal Barcelona representative will determine the delivery conditions of the rented material and will assess, if necessary, the losses or damages caused.
4- Civil liability and limitations
As a tenant, civil coverage insurance can be applied, but the client is responsible for being insured with adequate coverage against risks that may arise during the rental period. Brutal Barcelona will not be responsible or responsible for claims for; accidents, blows, injuries or damages caused to themselves and to third parties.
It is totally forbidden to drive negligently, under the influence of alcohol or substances that alter the state of consciousness and / or in states of drowsiness or fatigue that endanger their own integrity, the vehicle or third parties.
The traffic regulations legislated in the area where the vehicles are rented will be detailed by the Brutal Barcelona staff before lending the rental. The client and companions assume all responsibility to circulate respecting the traffic regulations.
The driver is not authorized to circulate in areas, terrain or roads that, due to obstacles or relief and quality of the road surface, endanger the integrity of the vehicle, its wheels or any of its components.
It is forbidden to use the rented vehicles to push or tow other vehicles or trailers, or in sports events or training of any kind.
The lessee is prohibited from assigning, subletting, renting, mortgaging, pledging, selling or in any way giving as guarantee both the vehicle and the rental contract.
5- Payment methods, guarantee deposit and reservations
The online payment method will be made by credit, debit or other card.
The tenant has to make a prior payment of € 20 for each reservation made on the website, the remaining amount of the rent will be paid at our facilities. Additionally, on the day of the activity it will be necessary to leave a security deposit in cash or by credit card, said amount will be fully reimbursed when the vehicle is returned in the same conditions.
The lessee shall be obliged to pay the Lessor the amounts mentioned below, which the Lessor has informed the lessee and are included in this contract:
– Billing of the rental period according to the prices in the current Rate Table.
– Billing in case of delays in the return of the vehicle.
– Costs and expenses derived from the damages caused to the integrity of the vehicle and / or theft or reduction of the same in accordance with the provisions of article Accidents, theft and reporting obligation.
– Payment of fines and expenses that derive from its management, costs that derive from the stoppage of the vehicle and / or loss of profits.
– Costs and expenses derived from the replacement of keys and / or accessories.
– Costs and expenses of special cleaning of the vehicle.
Reservations can be made through the site www.brutalbarcelona.com, or by presenting themselves at the rental premises (Barcelona, Port Forum, Moll de les Escaldes S / N – 08930).
The bookings may be previously modified 48 hours in advance, for which the lessee will be taxed with an amount corresponding to the rate in force at the time the change is made.
6. Cancellations and returns
Brutal Barcelona reserves the right to accept or reject a reservation request for any reason, including, but not limited to, the availability of a reservation, an error in the price or in the description or image of the service, or for any error in the reservation.
A reservation can be postponed by giving 48 hours notice of the start of the rental. In cases of cancellation, Brutal Barcelona does not refund the advance of € 20 for each reservation already paid by the website, the client may retain these € 20 for a future reservation.
In promotions and offers there will be no option to cancel or change the date under any circumstances. Only Brutal Barcelona staff reserves the right to cancel due to weather and maritime conditions.
In case of not showing up at the agreed time, the landlord will retain in the same way, the previous payment of the reservation made by the website. The impossibility of attending the contracted service or an error when making the purchase, will not be valid reasons to proceed with the return. Those that derive from an error attributable to Brutal Barcelona or in cases of force majeure, especially meteorological causes that prevent the service from being performed, are excluded from this case.
In the event that the holder does not exchange a one-day voucher with the indicated activity date, it will be considered expired, and its exchange will not be possible. In this case, the holder will not have the right, under any circumstances, to a refund of the amount paid.
7 – Brutal Assistance Barcelona
In the event of any type of breakdown during the rental period, the contract holder must contact Brutal Barcelona’s customer service. We will always try to proceed as quickly as possible to solve any incident. We have an assistance service for sea routes by jet ski.
8 – Disclaimer
By accepting these conditions, the user acknowledges and accepts that Brutal Barcelona is not responsible for the prejudices that may arise from, with a merely illustrative and non-limiting nature:
Blockages in the internet network caused by overloads or deficiencies or other electronic systems.
The inability to provide the service or allow access for any reason that is not attributable to it.
Interferences, omissions, interruptions, computer viruses, breakdowns, disconnections in the operational functioning of this electronic system or in the user’s computer equipment.
Of any anomaly of the service for reasons beyond its control and prevent making a reservation effective.
9. Data protection policy
The Landlord informs you that as a tenant you give your express consent for your personal data to be included in a file with restricted access by company personnel in order to facilitate development, complying with Organic Law 15/1999, of December 13, Protection of Personal Character.
Depending on the contract, the Lessor may need to share their data with third parties in order to facilitate the development, control and fulfillment of the contractual relationships maintained.
In the case of commercial communications through email or equivalent channel, and in accordance with the provisions of Law 34/2002 on Services of the Information Society and Electronic Commerce, the lessee gives their express consent to send advertising through of said medium. Said consent may be canceled at any time by request sent to the email [email protected]
Brutal Barcelona reserves the right to communicate the tenant’s data to financial and credit solvency information files, in accordance with the provisions of current regulations on data protection, if the tenant incurs in any type of non-payment for reasons of the contracted rental services and previous unsatisfactory payment requirement by the lessor.
Any tenant may rectify and cancel their personal data by entering their user account or by sending an email to [email protected]