GENERAL TERMS AND CONDITIONS OF PURCHASE OR CONTRACTING

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This contractual document shall govern the contracting of services through the website www.windwardcatch.com,, owned by Windward Catch, S.L., hereinafter Windward Catch.

 

​The acceptance of this document implies that the user:

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• Has read, understands, and comprehends what is set forth herein.

• Is a person with sufficient capacity to contract.

• Assumes all obligations set forth herein.

 

These conditions shall have an indefinite period of validity and shall apply to all contracting carried out through the Windward Catch website.

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Windward Catch informs that the business is responsible and reserves the right to unilaterally modify the conditions, without this affecting services contracted prior to said modification.

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I. THE WINDWARD CATCH WEBSITE

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Identity of the Contracting Parties

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On the one hand, the provider of the services contracted by the user is Windward Catch, S.L., with registered office at Calle Lyra, nº13, 38205 San Cristóbal de La Laguna - (S.C. Tenerife), Tax ID Number B27534452 and with customer/user service telephone +34 614 70 30 94.

And on the other hand, the user, registered on the website with a username and password, for which they have full responsibility for use and custody, and are responsible for the accuracy of the personal data provided to Windward Catch.

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II. PURPOSE OF THE CONTRACT

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This contract aims to regulate the contractual relationship born between Windward Catch and the user at the moment the user accepts the corresponding box during the online contracting process.

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The contractual relationship entails the contracting of a nautical charter and sport fishing service, in exchange for a specific price publicly displayed on the website.

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III. PROCESS FOR CONTRACTING OUR SERVICES

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Unless otherwise stipulated in writing, contracting a service provided by Windward Catch shall imply the user's acceptance of these legal conditions. No stipulation made by the user may differ from those of Windward Catch, unless expressly accepted in advance and in writing by the PROVIDER.

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To contract services at Windward Catch, the user must be of legal age and have full capacity to contract, in accordance with Spanish legislation.

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At Windward Catch, you can make your reservation in two different ways:​

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Instant Order:

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With this formula, you only have to choose the service to contract and make the reservation, without prior registration. When you have finished, you must include the necessary data to manage the payment and the reservation. At the end of the transaction and before clicking the payment button, you will clearly see the total of the reservation and the associated costs.

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User Account:

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We offer the possibility of creating a user account so that you can have control over contact details, promotions and discount vouchers, products you purchase through us, among others. In addition, with your user account you can access our loyalty club, through which you have the option to accumulate points and discount coupons.

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This option facilitates the purchase process in subsequent purchases, since upon entering your data for the first time, it is stored for future purchases.

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You can create your account by following the instructions provided by the program; it is quick and simple, but if you have any questions you can contact us through our contact telephone numbers.

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To make a purchase, you must log in to your user account, then navigate our page and make the reservation. When you have finished selecting products, you must go to the payment section and click the pay button. When you have clicked the pay button, the transaction will be understood to have been completed; at that moment, we will send an email confirming your reservation and informing you of the details thereof.

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After the transaction is completed, regardless of the method of purchase, you will receive an email with the reservation details, customer number, and order number.

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To access the services or products offered by the PROVIDER, the user must register through the website by creating a user account.
Therefore, the user must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of 27 April (GDPR), and Organic Law 3/2018, of 5 December (LOPDGDD), and as detailed in the Legal Notice and Privacy Policy of this website.

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The user will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that the PROVIDER can proceed to block them immediately.

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IV. PRICES AND VALIDITY OF OFFERS

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At Windward Catch, we keep the prices of our services updated.

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The prices indicated for each product include the Canary Islands General Indirect Tax (IGIC) or other applicable taxes.

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The prices applicable to each product are those published on the website and will be expressed in EURO currency. The user assumes that the economic valuation of some products may vary in real time.

 

*In the event of a typographical error in the price, it will be corrected with the utmost diligence as soon as it is identified. If the error affects any buyer, they may cancel their reservation at no cost to them.

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V. PAYMENT METHODS, FEES AND DISCOUNTS

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Windward Catch provides you with several payment methods to facilitate your contracting experience on our website. The only payment made through the website is the deposit; the remainder of the payment is paid directly at the dock before boarding, on the day of the activity, by cash payment or card payment (the boat has a physical POS terminal on board).

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You can choose to pay for your purchases between:

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• Credit or debit card

• Wix Payments

• Bank transfer

• Regardless of the option you choose, the price is the same.

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The payment methods made available have been chosen to provide you with the greatest possible security during the transaction. The Wix Payments payment gateway and the bank we work with have their respective security certificates.

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VI. COMPLAINTS

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Windward Catch provides you with the following contact methods in case the user deems it appropriate to file a complaint:

• Delivery address: Windward Catch, S.L., Calle Lyra, nº13, 38205 San Cristóbal de La Laguna - (S.C. Tenerife)

• Email: windwardcatch@gmail.com

 

Your request will be addressed as soon as possible.

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Without prejudice to the foregoing, and in accordance with the provisions of consumer and user protection regulations, Windward Catch makes complaint forms available to its clients, physically available on our boat, and which can be requested at any time.

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Likewise, also available on board, clients have a QR code, which allows complaints to be filed electronically, and which is visible and accessible during the provision of the service.

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VII. FORCE MAJEURE

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The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the force majeure event.

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VIII. COMPETENCE

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The user may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale. If any stipulation of these conditions were considered null or impossible to fulfill, the validity, legality, and fulfillment of the rest shall not be affected in any way, nor shall they undergo any modification.

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The user declares to have read, understood, and accepted these General Conditions in their entirety.

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IX. GENERALITIES OF OUR OFFER

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All sales and contracting carried out by Windward Catch shall be understood to be subject to these General Conditions.

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No modification, alteration, or agreement contrary to Windward Catch's Commercial Proposal or stipulated herein shall have effect, unless expressly agreed in writing signed by Windward Catch; in such case, these particular agreements shall prevail.

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Given the continuous technical advances and product improvements, Windward Catch reserves the right to modify its specifications regarding the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also be valid if, for any reason, the possibility of supplying the offered products were affected.

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X. RESERVATION CONDITIONS

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• Reservations may be made up to 60 days in advance of the start of the activity.

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• The online reservation system will remain active until 48 hours before departure. From that moment on, reservations can only be managed through direct contact via WhatsApp, subject to availability.

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• The online reservation will be confirmed upon payment of the established deposit (€50 bond per seat).

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• The deposit corresponds to part of the total price of the service and guarantees the reservation.

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• The remaining amount of the contracted service must be paid at the dock before boarding on the day of the activity, in cash or by credit/debit card. The boat has a physical POS terminal on board.

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• Payment for the service implies full acceptance of these conditions. The client may choose to save their payment method to expedite future reservations. Under no circumstances will additional charges be made without the user's express confirmation during the online payment process.

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• The holder of the reservation assumes full legal responsibility for it and, as the main contracting party, provides their details and those of their companions, expressly declaring that they have previously informed them about the service conditions, the rules of conduct on board, and the document control obligations derived from Maritime Safety.

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• Any person not previously registered will not be able to board nor be covered by insurance.

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XI. IDENTITY SAFETY CONTROL, RATES, AND MARITIME SAFETY

 

In accordance with the maritime navigation regulations in force in Spain and for on-board safety reasons, the client is informed of the following control protocols before boarding:

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• Mandatory physical identification: All passengers, without exception, must present their original physical ID or Passport to the Captain before boarding. Windward Catch will not store digital or physical copies of identification documents, limiting itself to visual verification, in order to verify the person's identity and record the necessary data on the corresponding platform.

• Rate verification (Resident or Tourist): The physical presentation of documents is mandatory for the Captain to directly verify the identity of all passengers, corroborate the data on the reservation form, and accurately verify that the applied rates (Canary Islands Resident discount or Tourist rate) legally correspond to each participant.

• Consequences of lack of identification: If a passenger does not present their original physical identification, the company will be legally obliged to deny them access to the boat.

• Refund policy due to lack of ID: The impossibility of boarding due to lack of legal documentation will not entitle the client to a refund of the deposit or the total amount of the service (it will be considered a late cancellation attributable to the client).​

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XII. HEALTH AND ACCESSIBILITY REGULATIONS

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Given the nature of the boat and the characteristics of sport fishing services, these are not accessible for wheelchair users, nor do we have sanitary services.

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The activity is also not recommended for pregnant women or people with serious back and/or neck injuries.

 

Windward Catch does not collect or store data related to the health of its clients. Failure to comply with these health recommendations and the risk arising from omitting information about pre-existing pathologies will be assumed, where applicable, by the client.

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XIII. SAFETY, CONDUCT AND PUNCTUALITY RULES

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Persons who have contracted the activity must appear at the boat 30 minutes before the departure time. Boarding begins 15 minutes before the scheduled time. The boat does not guarantee waiting time, and time lost due to client delay will not be recovered or compensated.

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The Captain is the highest authority on board. The following are strictly prohibited:

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• Substances: The consumption of drugs or excessive alcohol that jeopardizes safety. The Captain may terminate the charter immediately, without the right to a refund, if dangerous behaviour is observed.

• Tobacco: Smoking is not allowed on the boat for safety and care of materials.

• Instructions: The client undertakes to follow the Captain's orders at all times, especially during fishing and navigation manoeuvres.

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The company may deny access and cancel the activity without the right to a refund in the event of failure to comply with the above obligations.

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XIV. CANCELLATION, DATE CHANGE, AND REFUND POLICY

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Cancellations by  the Company:

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WINDWARD CATCH, S.L. reserves the right to cancel the contracted activity solely for the following justified reasons:

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• Adverse weather conditions or maritime safety reasons: Determined under the exclusive criteria and authority of the Captain on board.

• Lack of minimum number of participants: When the mandatory minimum quorum set for the service departure is not reached (mandatory minimum: 4 participants).

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Compensation Protocol: in any of the above cases, the client will be offered, as a priority, a date change subject to availability, relocation on the waiting list, or a full refund of the €50 deposit paid online.

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The client may lose the right to carry out the activity, as well as to receive a refund of the amounts already paid, if the cancellation is motivated by non-compliance with the obligations set out in section X of these Conditions.

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Cancellations by the Client:​

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• More than 48 hours in advance: Full refund of the deposit or free date change (subject to availability).

• Less than 48 hours or no-show: Loss of the reservation deposit.

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Likewise, we inform you that the impossibility of boarding due to lack of legal documentation will not entitle the client to a refund of the deposit or the total amount of the service (it will be considered a late cancellation attributable to the client).

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If you need to cancel only part of the reserved seats (for example, reducing the group from 4 to 3 people), please contact us via WhatsApp as soon as possible. Proportional refunds will be managed manually following our cancellation policy.

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Date changes:

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A free date change is allowed up to 48 hours in advance, subject to availability. Requests outside this period will be considered late cancellation and, therefore, the client will lose the right to a refund of the deposit paid as a reservation fee.

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Last-minute reservations and waiting list:

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Online reservations are automatically blocked 2 days (48 hours) before departure.

For last-minute seats, please contact us via WhatsApp to join our Priority Waiting List. This allows us to manually manage available spots for residents and tourists.

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XV. "WINDWARD CATCH 10+1" LOYALTY PROGRAM CONDITIONS

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• Member Condition: To participate, the client must be registered as a member on the website. Points will be accumulated automatically only for reservations made while logged in.

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• Points System: One (1 point = 1 Trip) will be awarded for each completed fishing trip reservation. Upon reaching ten (10) Trips, the system will automatically generate a reward coupon for one (1) free trip.

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• Individual and Non-Transferable Use: Points are assigned exclusively to the reservation holder. If a member reserves for several companions, they will only add one point for that reservation. For companions to accumulate points, they must be registered as members and make their own individual reservations.

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• Nature of the Reward: The free trip will be of the same type of service that generated the points (e.g., if the trips were shared, the free one will be shared; if they were private, it will be private). The coupon applies only once per reservation and cannot be combined with other offers.

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• Expiry and Restrictions: Points and the reward coupon expire one (1) year from their issuance. The sale or gift of the coupon to third parties is strictly prohibited; the benefit is for the exclusive use of the member holder.

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• Automatic Redemption (Wix): Upon completing the cycle of ten (10) trips, a reward coupon associated with the member's account will be automatically generated. The coupon can be redeemed during the online payment process for a subsequent reservation by following the instructions indicated in the system to apply a 100% discount on the resident rate.

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XVI. WITHDRAWAL

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In accordance with Article 103.l) of the Consolidated Text of the General Law for the Defence of Consumers and Users (Royal Legislative Decree 1/2007, of 16 November), the right of withdrawal does not apply to the contracting of sport fishing excursions offered by Windward Catch, as it is a service related to leisure activities that is provided on a specific date and time. Consequently, once the reservation is confirmed, the Client will not have the legal period of 14 calendar days to withdraw from the contract.

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Notwithstanding the inapplicability of the right of withdrawal, Windward Catch has a change, cancellation, and refund policy that it voluntarily makes available to the client, under the terms described in these Conditions.

 

This policy has a contractual and commercial nature, and does not constitute or replace the legal right of withdrawal.

Pursuant to Article 103(l) of the Spanish General Law for the Protection of Consumers and Users (Royal Legislative Decree 1/2007 of 16 November), the statutory right of withdrawal does not apply to the recreational fishing excursions offered by Windward Catch, as they constitute leisure services to be provided on a specific date and at a specific time.

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XVII. LIABILITY

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WINDWARD CATCH, S.L. has the legally mandatory civil liability and accident insurance.

Without prejudice to the foregoing:

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• Fishing Equipment: Negligent use, loss through carelessness, or intentional damage to equipment (rods, reels, etc.) will be invoiced to the client at market price.

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• Nature: Fishing is an activity subject to natural conditions. The capture of species is not guaranteed.

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• Personal Items: The company is not responsible for the loss or damage of personal items (phones, cameras, etc.) that fall into the water or get wet during the activity.

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XVIII. APPLICABLE LAW 

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The purchase system is subject to current legislation in Spain.

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In the event that any conflict or discrepancy arises, the Courts and Tribunals that will hear the matter shall be:

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1. Consumers and users: those of the buyer's domicile or the place of performance of the obligation.

2. If the buyer party is domiciled outside Spain, or if the sale is made by a company, both parties expressly waive any other forum, submitting to the Courts and Tribunals of San Cristóbal de La Laguna.

3. In accordance with Art. 14.1 of EU Regulation 524/2013, you may access the online dispute resolution platform through the following link https://consumer-redress.ec.europa.eu

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