GENERAL TERMS AND CONDITIONS

LAST UPDATE: 24th March 2025

The purpose of these general terms and conditions (hereinafter, the “Terms and Conditions”) is to expressly regulate the terms, conditions, and procedures applicable to all and any contracts for the various products and/or services offered by The Ocean Explorers (the “Services”) on https://theoceanexplorers.com/ (hereinafter, the “Website”).

1. IDENTIFICATION OF THE WEBSITE OWNER AND RESPONSIBLE ENTITY

In compliance with the information duty set forth in Law 34/2002 on Information Society Services and Electronic Commerce (“LSSI-CE”) of July 11, the following general information regarding this Website is provided:

  • Responsible Entity: [Alessandra Fiumanò]
  • NIE: [Z0782321G]
  • Address: [Calle Panama 27, 3H, 35109 El Tablero, Las Palmas]
  • Email: [info@theoceanexplorers.com]
  • Contact Phone: [(+34) 624616123]
  • Activity: Coordination, planning, and design of experiences, trips, and events. Travel consulting and advisory services.

2. ABOUT THE SERVICES

2.1. Products And Services Offered

The Ocean Explorers offers the following Services through the Website:

  • Travel consulting and advisory services that include itinerary creation and/or design.
  • One-time travel consulting services without itinerary creation and/or design.
  • Coordination and/or organization of events worldwide.
  • Creation, design, and coordination of travel experiences worldwide.

Services are offered in the English language.

2.2. Specific Terms For Products / Services

Each specific Service is subject to express terms, conditions, and procedures available to the general public on the Website.

2.3. Pricing Of Products / Services

The Ocean Explorers reserves the right to modify the pricing of any Services offered on the Website at any time and without prior notice.

Services do not include price protection or refunds in the event of price reductions. The price applicable to a Service is the price on the date of purchase, and the Client shall not be entitled to any refund, promotion, discount, or retroactive action due to subsequent price changes made by The Ocean Explorers.

2.4. Taxes Associated With The Services

In accordance with Law 37/1992 of December 28, regulating the General Taxe in Canary Islands (Impuesto General Indirecto Canario – IGIC) and European Directive 2008/8/EC, the purchase of Services may be exempt from or not subject to VAT depending on the buyer’s country of residence and whether they are acting as a professional or an individual.

All prices on the Website include Spanish IGIC. However, the final order price may vary depending on the applicable IGIC rate based on the destination country of the Service.

3. CONTRACTING SERVICES

3.1. Contracting Process

  • The contracting process (hereinafter, the “Contracting Process”) for any Services available on the Website shall be carried out between the individual wishing to contract the Services (the “Client”) and The Ocean Explorers, the provider of the Services.
  • For the purposes of these Terms and Conditions, a Client shall be any natural person who registers and successfully completes the payment for the contracted Service.
  • The Contracting Process for each Service shall be expressly regulated by the specific terms of each Service.

3.2. Payments Methods

Payment for Services shall be made through wire transfer.

4. AFFILIATION

4.1. Sale of third-party products and/or services through affiliation

The Ocean Explorers informs Clients of the possibility that, through the Website or via email newsletters, third-party products or services similar to and/or related to those offered on this Website may be promoted under an affiliate arrangement. This will be expressly indicated for transparency and good faith.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Ocean Explorers holds all intellectual and industrial property rights to the Website and its elements (including, but not limited to, images, sound, audio, video, software, texts, trademarks, logos, color combinations, structure, design, selection of materials, and computer programs necessary for operation, access, and use). The Ocean Explorers reserves all rights.

Unauthorized use of any Website content by The Ocean Explorers shall be considered a serious violation of the author’s intellectual or industrial property rights.

The reproduction, distribution, and public communication (including making content available), whether in whole or in part, for commercial purposes, in any medium and by any technical means, is expressly prohibited without the prior written consent of The Ocean Explorers.

The Client agrees to respect the intellectual and industrial property rights owned by The Ocean Explorers. The Client may only view the Website’s elements without the possibility of printing, copying, or storing them on any physical or digital medium. The Client must not remove, alter, bypass, or manipulate any protection or security systems installed on the Website.

6. PROHIBITION OF SHARED LICENSES (“CONJUNTAS”)

A “conjunta” refers to an illegal practice where multiple individuals group together to purchase a digital service or product to reduce costs, granting shared access to the product or service using the same credentials.

It is strictly forbidden to share a license for individual use with other individuals for the following Services: [Include all services offered by your business]. Each license is personal and non-transferable, and The Ocean Explorers reserves the right to take civil and criminal actions to protect its rights, including legal action for intellectual property infringement as stipulated by the Spanish Penal Code.

7. RIGHT OF WITHDRAWAL AND REFUND POLICY

The Client has the right to withdraw from the purchase and request a refund within fourteen (14) days from the effective payment date of the Service (the “Withdrawal Period”). This right must be exercised by sending an email to: info@theoceanexplorers.com.

Notwithstanding the foregoing, the right of withdrawal and refund is expressly excluded in the following cases:

  • Once the Withdrawal Period has elapsed; and/or
  • If the minimum group of participants required for the Service has been confirmed, even within the fourteen (14) days previously mentioned, for:
    • a) “Service for the Creation, Design, and Coordination of Travel Experiences worldwide”;
    • b) “Service for the Coordination and/or Organization of Events worldwide”.
  • If the Service has already been provided, including:
    • a) “Customized Travel Advisory and Consulting with Itinerary Creation and/or Design”; and
    • b) “One-Time Customized Travel Advisory and Consulting without Itinerary Creation and/or Design” within the Withdrawal Period.

Considering the above, the Client may request a full or partial refund of the Service price within the Withdrawal Period, provided that none of the previously mentioned exclusions apply. However, the specific terms and conditions applicable to each particular Service shall prevail.

After the Withdrawal Period has expired, no refunds shall be issued for any amounts paid by the Client for the contracted Service.

8. DISCLAIMER OF LIABILITY

The Ocean Explorers cannot guarantee the continuous technical availability of the Website, the absence of failures or interruptions in the provision of services, or that the Website will be accessible 100% of the time due to external factors beyond its control, force majeure, cyberattacks, or other unforeseeable circumstances, such as failures in Internet connectivity or telecommunications.

9. PRIVACY AND DATA PROTECTION

Sensitive information provided by the Client during the Contracting Process shall not be stored by The Ocean Explorers, ensuring data confidentiality and privacy.

However, The Ocean Explorers may store the following information for the purpose of providing updates, promotional offers, and notifications regarding Products / Services. The Client may opt out of receiving such communications and exercise their data protection rights as outlined in the Privacy Policy.

10. CHANGES TO THE TERMS AND CONDITIONS

The Ocean Explorers reserves the right to modify these Terms and Conditions at any time and without prior notice. In such cases, The Ocean Explorers will update the Terms and Conditions on the Website and notify Clients and Users via email.

11. TERMINATION OF THE RELATIONSHIP BETWEEN THE OCEAN EXPLORERS AND THE CLIENT

The relationship between The Ocean Explorers and the Client may be terminated under the following circumstances:

  • By mutual agreement between The Ocean Explorers and the Client.
  • By The Ocean Explorers, without the right to a refund, in the event that the Client:
    • Violates the General Terms and Conditions and/or any specific contractual terms applicable to the particular Services contracted.
    • Provides false or misleading information (in whole or in part) during the Contracting Process.
    • Alters, circumvents, decompiles, or dismantles any security technology used on the Website.
  • By the Client, without The Ocean Explorers charging for the Service, if The Ocean Explorers fails to meet the agreed specifications for the Service and does not rectify the issue in accordance with the specific terms of the contracted Service.

12. APPLICABLE LAW AND JURISDICTION

12.1. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of Spain.

12.2. Dispute Resolution

Any dispute, controversy, or conflict arising between the Parties regarding the interpretation, validity, or execution of this Agreement, or any other matter related to it, shall be submitted to the courts and tribunals of the municipality of San Bartolomé de Tirajana, with express waiver of any other jurisdiction that may apply.