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Terms and conditions of contracting – Tuna Tour

  1. About TUNA TOUR
  2. Making a booking
  3. How do you give a TUNA TOUR experience as a gift?
  4. Payment and terms of gift voucher
  5. General terms and conditions of Tuna Tour Snorkelling
  6. General terms and conditions of Tuna Tour Diving
  7. User requirements and conduct
  8. Right of withdrawal and cancellations
  9. Personal data
  10. Amendments
  11. Intellectual and industrial property
  12. Limitation of liability
  13. Applicable regulations and jurisdiction

In this document (hereinafter the “Terms”) the user will find all the necessary information about the e-commerce services that we offer on our website www.tuna-tour.com (hereinafter, the “Website”). We invite you to read them carefully and consult them whenever you so require.

1. About TUNA TOUR

This Website is owned by BALFEGO TUNA, S.L. (hereinafter “TUNA TOUR”). The identifying details of TUNA TOUR are:

  • CIF (corporation tax no.): B-43753904
  • Address: Polígon Industrial Edifici Balfegó s/n, 43860 L’Ametlla de Mar (Tarragona).
  • Registered with the Registrar of Companies of Tarragona in Vol. 1950, Folio 113 and Sheet T-28269
  • e-mail: info@grupobalfego.com
  • Tel. no.: 977 047 707

TUNA TOUR offers its users a Website that provides access to information about its activities, reservations, schedules and rates of the experiences that TUNA TOUR offers which include, inter alia, swimming with tuna and tastings.

2. Making a booking

To make a booking, you must click on the “Book” section or on one of the activities on the “Activities” menu. Then you must choose a date according to availability and seasonal opening which will be indicated in colour depending on its price and once the date is chosen, a notification will be displayed with the available times for that day, if you, the user, are satisfied with any of said times, you must click the “Book” button.

To continue, you must indicate the desired activity. At present, TUNA TOUR has two main activities “Tuna Tour Snorkel” and “Tuna Tour Diving” and the sheet for each activity describes what it consists of, as well as the special conditions that are required to carry out any of the activities.

Once you, the user, have decided which activity you wish to perform, you must click the “Select” button to indicate the number of people who will accompany you, where applicable, selecting the option offered according to the age of the users. The above is important since senior adults can opt for various services by activating the “Will all adults/seniors have the same service?” function if the answer is yes, you must select the desired services and click “Continue” to select the desired date and time. If the answer is no, you only have to click “Continue” to be able to customise the desired services, click “Continue” and select the desired date and time to carry out the selected activities.

You will then be able to view a summary of the activities selected and the itemised prices. If you agree, you must click on “Continue” to be able to enter your personal information and the necessary data if an invoice is required. Subsequently, you must accept these Terms, the Privacy Policy and the Preventive Measures related with Covid-19, select the payment method and click “Pay”.

Finally, you will need to complete the form with your credit/debit card details. Once the payment has been validated, you will receive an e-mail with the booking confirmation and a document with the booking details.

3. How do you give a TUNA TOUR experience as a gift?

To give away a TUNA TOUR experience, you need to click “Give Tuna Tour as a gift” and choose between the two options “Give Tuna Tour Snorkeling as a Gift” and “Give Tuna Tour Diving as a Gift”, complete the form with personal information and click the “Give as a Gift” button. Finally, the user must complete the payment card data, accept these Terms, as well as the Privacy Policy and click “Pay”. The user will receive an e-mail with the gift voucher and its details.

4. Payment and terms of gift voucher

About payment:
The prices of the activities offered at the Website are indicated in the descriptive sheet of each and stated in the official currency of the Economic and Monetary Union of the European Union (€).

The prices also specifically include Value-Added Tax (VAT). In any case, all amounts will be shown to the user in itemised fashion during the purchase process.

Prices may change at any time, but any changes will not affect orders for which we have already sent you a purchase confirmation.

TUNA TOUR will sometimes accept the redemption of a coupon or discount code. To use it, you must insert the number or code in the space indicated during the purchase process. The coupon or discount code will be valid as long as the user meets the conditions agreed at the time of obtaining it.

Payment for the services offered by TUNA TOUR is made online by credit/debit card through the payment gateway of Banco Sabadell, except on those occasions specified below, payment can be made by bank transfer. By paying you are confirming that the credit card is yours. TUNA TOUR reserves the right to check the validity of said credit/debit card. If the credit card provided is declined by our system, your purchase will be automatically cancelled.

Purchases made for Tuna Tour Snorkelling or Tuna Tour Diving activities by credit/debit cards or transfers issued by any Spanish or foreign bank which require cardholder authentication will be handled by the various banks themselves. In general, all payments must be made in euros, regardless of the payment system and the country of origin of the purchase.

We guarantee the security of the transactions. All operations involving the transfer of personal or bank data are carried out in a secure environment.

About gift vouchers:
The following are the terms of use for users who receive a Tuna Tour gift voucher:

  • The Tuna Tour gift voucher is non-refundable
  • The gift voucher may not be redeemed for its monetary value.
  • The gift voucher is redeemed exclusively by booking Tuna Tour Snorkelling or Tuna Tour Diving activities at the website.
  • The monetary value of the Tuna Tour gift voucher will be applied as a discount to the booking. If the amount is higher than the booking of the Tuna Tour gift voucher, the difference will be charged; if the amount is lower, you can buy exclusive Tuna Tour items. Under no circumstances shall a refund be made for the difference.
  • The Tuna Tour gift voucher is valid for two years as from the date of purchase.
  • The expiry date of the Tuna Tour gift voucher is not extendable. After the expiry date, the Tuna Tour gift voucher will be void and may not be redeemed or refunded.
  • Gift vouchers redeemed for a booking cancelled more than 48 hours prior to departure will not be refunded. The booking will be cancelled without charges and the gift voucher will be reactivated./li>
  • Gift vouchers redeemed for a booking cancelled 48 hours or less prior to departure will not be refunded. The booking will be cancelled with charges and the gift voucher will be redeemed.

5. General terms and conditions of Tuna Tour Snorkelling

The Tuna Tour Snorkelling activity is provided by TUNA TOUR.

ACS SUBKRO is the company responsible for underwater safety and it has no liabilities concerning provision of the service or the relationship established between you and TUNA TOUR.

The meeting place, date, time, duration and all the details about the Tuna Tour Snorkelling activity are explained at the website and in a confirmation e-mail.

After the end of the aquatic activities, TUNA TOUR will offer a tasting of Balfegó bluefin tuna accompanied by a drink. The user will also be able to acquire at the TUNA TOUR store an exclusive, free pendrive with the personalised images and videos of the experience.

If you have any questions about the Tuna Tour Snorkelling activity (confirmation, documents required, information, changes, cancellations, charges, refunds, invoices etc.), please contact TUNA TOUR using the phone number or e-mail provided in the confirmation e-mail. TUNA TOUR is ultimately responsible for managing the Tuna Tour Snorkelling activity.

About large families:

Large and single-parent families will receive a 15% discount on RRP rates. In order to enjoy this discount, the user concerned must send an e-mail to reservas@tuna-tour.com indicating the booking data and attaching a copy of the large family card. Subsequently, the user will receive the confirmation of the booking at the same e-mail and payment will be made by bank transfer.

This promotion will not be cumulative with any others that are in force at the time of purchase.

About Senior Adults:

Persons aged over 60 will receive a 15% discount on RRP rates. In order to enjoy this discount, the user concerned must select the senior option when making the booking and the discount will be applied directly to the final price. On the day of the activity, you must present your DNI (Spanish ID) at the TUNA TOUR head offices in the Port of L’Ametlla de Mar.

This promotion will not be cumulative with any others that are in force at the time of purchase.

About student groups:

Student groups may carry out the activities proposed by TUNA TOUR. Students must be accompanied at all times by a supervisor. Each of the students in the group will be asked to submit an affidavit whereby the parent or guardian authorises the activity. The school or study centre will be responsible for submitting such statements at the TUNA TOUR offices before starting the activity.

Important: In order to swim with the tuna the user must be over 5 years old and must be able to swim. TUNA TOUR understands that any sports practice in general entails an inherent component of risk; however, each of the users who carries out this activity voluntarily is aware and is liable for the risk of any possible accidents deriving from bad practice, either due to a physical or technical deficiency, recklessness, lack of expertise, negligent behaviour, the improper use of facilities and materials or due to unforeseeable circumstances.

Notice: Due to the health measures related with Covid-19 currently in force, TUNA TOUR does not provide the snorkelling equipment (mask and snorkel) and so users must bring their own equipment.

6. General terms and conditions of Tuna Tour Diving

The Tuna Tour Diving services are provided by ACS SUBKRO, with CIF G55546204 and whose registered office is situated at Puerto Deportivo de Tarragona, Local LA6, 43003 Tarragona (Spain), which is ultimately responsible for providing the Tuna Tour Diving activity.

Important: TUNA TOUR exclusively provides its system for booking the services of ACS SUBKRO for the Tuna Tour Diving activity and it has no liability for the provision of the service nor the relationship established between you and ACS SUBKRO.

Terms and conditions of ACS SUBKRO:

  • The sale is understood to have been carried out at the registered office of ACS SUBKRO and the purchase via the TUNA TOUR Website (including bookings made by phone or e-mail) implying the acceptance of these Terms and the general contracting conditions of ACS SUBKRO.
  • The sale price includes a diving bottle, neoprene and weights, as well as a tasting by TUNA TOUR. Optional equipment such as fins, jacket and regulator will be paid separately.
  • The following are essential requirements in order to be able to carry out this activity:
    • Minimum qualification Open water + 20 dives
    • Diving insurance
    • Special diving medical check-up
  • The meeting place, date, time, duration and all the details about the Tuna Tour Diving activity are explained at the website and in a confirmation e-mail.
  • If you wish to bring a friend who does not intend to carry out the Tuna Tour Diving activity, he/she must make a Tuna Tour Snorkelling booking.
  • After the end of the aquatic activities, TUNA TOUR will offer a tasting of Balfegó bluefin tuna accompanied by a drink. The user will also be able to acquire at the TUNA TOUR store an exclusive, free pendrive with the personalised images and videos of the experience.
  • If you have any questions about the Tuna Tour Diving activity (confirmation, documents required, information, changes, cancellations, charges, refunds, invoices etc.), please contact the provider ACS SUBKRO using the phone number or e-mail provided in the confirmation e-mail. ACS SUBKRO is ultimately responsible for managing the Tuna Tour Diving activity.
  • For further information, see the specific conditions at the ACS SUBKRO website www.subkro.com.

About large families:

Large and single-parent families will receive a 20% discount on RRP rates. In order to enjoy this discount, the user concerned must send an e-mail to reservas@tuna-tour.com indicating the booking data and attaching a copy of the large family card. Subsequently, the user will receive the confirmation of the booking at the same e-mail and payment will be made by bank transfer.

This promotion will not be cumulative with any others that are in force at the time of purchase.

About senior adults:

Persons aged over 60 will receive a 20% discount on RRP rates. In order to enjoy this discount, the user concerned must select the senior option when making the booking and the discount will be applied directly to the final price. On the day of the activity, you must present your DNI (Spanish ID) at the TUNA TOUR head offices in the Port of L’Ametlla de Mar.

This promotion will not be cumulative with any others that are in force at the time of purchase.

7. User requirements and conduct

The information you provide to the Website will be used only for the proper management of the activities offered by TUNA TOUR.

You, the user, undertake to use the information contained at this Website exclusively for your own needs and not to directly or indirectly carry out any type of commercial exploitation of the contents and services to which you have access.

In order to make use of most of the services, the user must enter the “Gift” or “Booking” sections and bookings in these two sections may only be made by persons of legal age. If you are under sixteen years of age, you may not contract any service via the sections at the Website, unless you have the appropriate written consent of your parents or guardians.

You agree to provide TUNA TOUR with accurate, complete and updated personal details. Failure to provide accurate, complete and updated personal details, including an invalid or expired payment method, may make it impossible for you to access and use the services or may force TUNA TOUR to terminate these Terms entered into with you.

8. Right of withdrawal and cancellations

Pursuant to the provisions on the rendering of services set forth in the General Consumer and User Protection Act, you have fourteen (14) days as from the date of accepting the services to exercise your right of withdrawal, without having to indicate the reason and without incurring any costs.

However, the right of withdrawal shall not apply where it relates to:

  • The provision of services whose rendering has begun, has been fully implemented, with the prior express agreement of the user.
  • The supply of goods made in accordance with the specifications of the consumer or clearly customised, or which, by their nature, may not be returned or are liable to deteriorate or expire quickly.

In light of the above, TUNA TOUR will not apply the right of withdrawal in the following cases:

  • Gift voucher which has been used in whole or in part before the end of the period for exercising the right of withdrawal.
  • Personalised gift voucher.

Notwithstanding the above, you may cancel a booking made at https://reservas.tuna-tour.com/, in the following case:

  • When the cancellation is made 48 hours or more before the reserved departure date, the user will have the right to request the refund of the money. The return will be carried out by the same means of payment with which it was purchased. Once 48 hours have elapsed, you will not be able to request a refund.

Here at TUNA TOUR we want you to enjoy the activities contracted by it 24 hours or more before the departure date, we check the weather forecasts and if they are adverse and the activity must be cancelled, we will contact you directly to inform you. The user in this case could choose to change the date (depending on availability) or cancel the reservation at no cost.

Updating of the cancellation policy for Covid-19: In the event of cancellations linked to the Covid-19 situation, the amount will be refunded or the date of the activity may be changed.

9. Personal data

Both parties agree to maintain the complete confidentiality of the personal data of the counterparty which they have accessed in compliance with these Terms, disclosing said data solely to authorised persons and observing the legal provisions contained in the applicable regulations. In particular, they undertake not to use the personal data obtained from the other party for any purpose other than the one stipulated in the purpose of these Terms.

You can find information about how TUNA TOUR processes the personal data which may be generated in our dealings in the ‘’Privacy Policy” section.

10. Amendments

TUNA TOUR reserves the right to modify the commercial offer presented at the Website (changes in prices, promotions and other terms and conditions of the service) at any time.

11. Intellectual and industrial property

The website and all its content (including, but not limited to, trademarks, logos, texts, photos, icons, images, graphics, technology, links, audio-visual or audio content etc., as well as the graphic design, source code and other software elements contained in this application) are owned by TUNA TOUR, have been duly licensed to it, and are subject to intellectual and industrial property rights protected by Spanish law. Hence, if you wish to use the Website or its content (reproducing, transforming or communicating them etc. over and above the activities authorised by the Intellectual Property Law), you will need to obtain our prior written consent (contact details in the header of this document), regardless of the purposes you may have in mind. It is also forbidden to delete the identifying data of TUNA TOUR as the owner of the Intellectual and Industrial Property rights of the Website and its contents, as is taking photos of the technology or tarnishing, besmirching or damaging the brand by any other means.

The fact that we do not ask you to stop using the content for purposes that are illegal or contrary to these Terms shall, under no circumstances, be implied as our authorisation or consent to said use. Neither does it entail a waiver of any legal actions to which we may be entitled.

12. Limitation of liability

We will not be held liable for any breach or delay in the fulfilment of any of the obligations assumed herein if it is due to events beyond our reasonable control (force majeure).

Grounds of force majeure include any act, event, lack of exercising, omission or accident which is beyond our reasonable control.

You agree to use the services and content, if you access via the TUNA TOUR corporate Website, in accordance with the provisions of the law, morality, public order and these terms and conditions. You also undertake to make proper use of the services and/or content of the Website and not to use them for any illicit or illegal purposes and/or for any purposes which may violate the applicable intellectual or industrial property regulations, or any other applicable legislation.

TUNA TOUR does not guarantee the continued availability of services and it is held harmless for any type of liability for potential damages due to the unavailability of the service as a result of force majeure or errors in electronic data transfer networks beyond its control.

13. Applicable regulations and jurisdiction

The use of our Website and the services purchase agreements via the latter shall be governed by Spanish law.

Any dispute arising out of or relating to the use of our Website will be subject to the non-exclusive jurisdiction of the courts of Tortosa. The use of our services implies the explicit acceptance of the jurisdiction of Tortosa.

When you are contracting as a consumer, nothing in this clause will affect the rights recognised for the latter under current legislation.

 

Last updated: March 2022.