General Conditions of Maritime Transport for Maritime Excursions
The present General Conditions of Maritime Transport are publicly available for consultation prior to ticket reservation and purchase, both in paper format at all official sales points of the Carrier and in digital format on the Company's website (https://www.sacalmaboats.com/).
1. DEFINITIONS
"Carrier" refers to the company SA CALMA BOATS, S.L., which provides passenger transport services for maritime excursions with its vessels under any operational and/or management regime.
"Maritime excursion" refers, as an exclusively commercial concept, to the regular passenger transport service by maritime routes in accordance with the Maritime Transport Law of the Balearic Government. This service is associated with passenger ships that depart from a port and, after following a predetermined fare, itinerary, and destination set by the carrier or shipowner, return to the port within a maximum period of 12 hours. Intermediate stops are allowed, but all passengers are required to complete the entire pre-established route defined by the company.
"Vessel" refers to the ship used for maritime or inland navigation, designated as a passenger vessel.
"Passenger contract" refers to the transport agreement between the carrier and a passenger for one or more passenger transport services during a maritime excursion.
"Ticket" or "boarding pass" refers to the document duly issued by the carrier as proof of the transport contract.
2. APPLICABLE LAW AND LIABILITY REGIME
This passenger transport contract for maritime excursions is governed by Spanish law, EU regulations, and international conventions to which Spain is a party. Specifically, the Spanish Maritime Navigation Law Law 14/2014, of July 24, applies and is considered part of this passenger contract.
3. PASSENGER CONTRACT AND TICKET
Through the passenger contract, documented by the issuance of the corresponding ticket and/or boarding pass, the carrier agrees, in exchange for a fare, to transport the passenger and, if applicable, their luggage, by sea within the scope of a maritime excursion.
The ticket is personal and non-transferable and may be issued in electronic format. The contract is deemed finalized upon the payment of the ticket duly issued by the carrier, with the passenger expressly accepting all terms and conditions by using the ticket as proof of transport.
Only individuals with a valid ticket and/or boarding pass for the indicated date, time, and route will be allowed to board. The carrier is not responsible for the loss of the ticket or boarding pass. Passengers are required to keep these documents throughout the journey. For any claims, the passenger must present a copy of the ticket and boarding pass; otherwise, the claim cannot be processed.
The carrier offers passenger transport subject to its general, promotional, and/or special fares, which are duly published at all official sales points and on the company's website. The carrier reserves the right to modify these fares without prior notice.
The carrier is not liable for the theft or loss of passengers' hand luggage or personal belongings.
Complaint and suggestion forms are available at all departure and arrival points.
4. TIMETABLES, ROUTES, BOARDING, AND CANCELLATIONS
The departure times for each maritime excursion are predetermined and publicly available for consultation prior to reservation and ticket purchase, both in paper format at official sales points and in digital format on the carrier's website (https://www.sacalmaboats.com/).
The carrier reserves the right to modify announced timetables or suspend and cancel transport services for safety, organizational, weather-related, or force majeure reasons.
The carrier will establish and inform passengers of the "boarding deadline," after which passengers who fail to present themselves for boarding will be denied access. The carrier declines any responsibility for denying boarding to passengers who arrive after the boarding deadline.
The carrier is free to carry out the transport following the route and itinerary it deems most appropriate.
Cancellation conditions for passengers:
With at least 24 hours’ notice: No penalty, full refund.
Without notice or less than 24 hours before departure: Full payment is forfeited.
5. DISCIPLINE ON BOARD
The captain holds command of the vessel and has the authority to take all necessary measures to maintain order and ensure safety on board. Passengers must comply with the captain's instructions, without prejudice to their right to file complaints once the vessel has reached port.
6. MAIN SERVICE, ANCILLARY SERVICES, AND TAX REGIME
In accordance with Spanish Law 37/1992, of December 28, on Value Added Tax (VAT), passenger maritime transport services are subject to a reduced VAT rate of 10%. Ancillary services provided on board, such as refreshments, are taxed together with the main transport service.
7. JURISDICTION
Disputes arising from the interpretation, application, or execution of the transport contract will be subject to the jurisdiction of the Commercial Courts of Palma de Mallorca, without prejudice to the consumer's right to resort to alternative dispute resolution mechanisms in consumer matters.