Terms and Conditions of Service

1. Identification of the Owner

The ownership of this website, scubasur.com, is held by: Jorbla, S.L (hereinafter referred to as Scubasur), with tax identification number B18681254 and registered in the commercial register of Granada Prot: 2011/822/N/15/07/2011, whose contact details are:

• Address: Paseo de Cotobro, Edificio Delfín, Local 5, 18690, Almuñécar, Granada, Spain 
• Email: info@scubasur.com 
• Phone Number: +34 680 396 993 

This document (as well as any other documents mentioned here) regulates the conditions governing the use of the website scubasur.com and the purchase or acquisition of services on it. For the purposes of these Conditions, it is understood that the activity carried out by Scubasur through the Website includes the provision of the following services:

• Diving courses
• Equipment rental
• Adventure sports guide, especially guided dives
• Adventure trips
• Assistance with diving equipment
• Other services related to adventure sports 

In addition to reading these Conditions, before accessing, browsing, and/or using this website, the user must have read the Legal Notice and Privacy Policy.

By using this Website or by making and/or requesting the acquisition of a service through it, the User consents to be bound by these Conditions and by all the aforementioned, so if you do not agree with all of it, you should not use this Website.

Also, please note that these Conditions may be modified. The User is responsible for consulting them each time they access, browse, and/or use the Website, as the applicable ones will be those in force at the time of requesting the acquisition of the services.

For any questions that the User may have regarding the Conditions, they can contact the owner using the contact details provided above.

2. The User

Accessing, browsing, and using the Website grants the status of a user, so from the moment the browsing on the Website begins, all the Conditions established herein, as well as their subsequent modifications, are accepted, without prejudice to the application of the corresponding legally mandatory regulations as the case may be.

The User is responsible for using the Website correctly. This responsibility will extend to:

• Using this Website only to make legitimate inquiries and purchases or acquisitions.
• Not making any false or fraudulent purchases.
• Providing accurate and lawful contact details, for example, email address, postal address, and/or other data. 

The User declares to be at least 18 years old and to have legal capacity to enter into contracts through this Website.

The Website is primarily aimed at Users residing in Spain. Scubasur does not guarantee that the Website complies with laws from other countries, either in full or in part.

3. Applicability of the General Conditions

These conditions apply to all quotations, offers, activities, agreements, and service deliveries by or on behalf of Scubasur. Deviation from these conditions is only possible if the parties have explicitly agreed to this in writing.

The agreement always contains obligations of effort for the service provider, without obligations of result.

4. Purpose

These conditions are intended to regulate the contractual terms for the provision of services and the consideration due by the user to Scubasur, as well as the use of the Service by the user. The provision of the Services will be carried out through the obtaining, provision, organization, use, and management by Scubasur of the technical, human, and operational resources necessary for this purpose and, in any case, as consideration for the prices in force at all times.

The commercial conditions of this service and the offers that may eventually be made by Scubasur always appear on the page scubasur.com, so they can be consulted, archived, or printed.

Scubasur provides users with various services mentioned in point 1.

The content and scope of the services are governed by the respective contractual agreements, exclusively in accordance with the functionality of the service described in the contract on scubasur.com.

5. Access and Purchase Conditions

Access to the Scubasur Portal is free and grants the status of User to whoever performs it, regardless of the subsequent use of the services offered.

The acquisition of services on scubasur.com can only be done by users over eighteen (18) years of age, who must follow the steps and instructions that will accompany the entire purchasing process.

6. Prices

The prices indicated in the offers, quotes, and invoices include the taxes legally applicable, unless otherwise agreed.

As for the prices of service provision, the parties may agree on a fixed price when the agreement is concluded.

7. Payment

Invoices must be paid within 15 days of the invoice date, unless the parties have agreed otherwise or another form of payment is indicated on the invoice. In the event of return, delay, or non-payment of invoices, Scubasur may fully or partially suspend the Services or prevent the contracting of new Services.

If 30 days have passed since the issuance of the invoices and the user has not expressed, by any means that proves its receipt, its disagreement with the content of the same, it will be understood that said invoices are correct. Scubasur does not accept any claims after this period.

The user gives explicit consent for Scubasur to provide the invoices electronically and via telematics. The user may exercise their right to receive invoices in paper format at any time by sending a written request to Scubasur.

Additionally, delay in payment for a period exceeding 1 month or temporary suspension of services on two occasions due to payment default, will entitle Scubasur to the definitive interruption of services and the corresponding resolution of the contract, subject to prior notification with 15 days' notice, and Scubasur may request, if applicable, compensation for early termination of these General Conditions and payment of damages that may occur as a result of non-compliance.

Any overdue and unpaid invoice may accrue, from the date it was due to be paid, late payment interest at the legal reference rate plus 2 percentage points.

8. Payment Methods

Accepted payment methods are:

• Credit or debit card payment. We reserve the right to NOT accept certain payments with specific credit cards.
• Payment via PayPal.
• Cash on delivery.

9. Right of Withdrawal

The user may exercise the right of withdrawal from this Contract without the need for justification or penalty, only in cases where all of the following requirements are met:

• The user is considered a consumer or user as defined by current legislation on Consumer and User Protection.
• The services have not been completely executed.
• This right is exercised by the user during the withdrawal period, which corresponds to a period of 14 natural days from the date of conclusion of the contract.

To this end, a consumer or user is considered a natural person who acts for purposes unrelated to their commercial, business, trade, or profession.

The user will not have the right of withdrawal in cases where they cannot be classified as a consumer. Nor will it be applicable, according to the exceptions established in current legislation, in cases such as:

• Services that have been completely executed.
• Personalized services based on user specifications.
• Supply of digital content services.
• Hosting services for purposes other than serving as a home, goods transportation, vehicle rental, food, or services related to leisure activities, if the contracts specify a specific date or period of execution.

10. User Support Service

Scubasur has a user support service so that the user can manage their complaints, doubts, or request guarantees and exercise the right of withdrawal.

The user can direct their complaints, claims, or requests for information to Scubasur's Customer Service, using any of the following methods:

• Sending an email to info@scubasur.com.
• Calling the phone number +34 680 396 993.

All doubts, especially complaints and suggestions, will be dealt with as quickly as possible, without exceeding the deadlines established by current legislation. Likewise, the user will be notified of them by providing a written receipt, on paper, or on any other durable medium.

11. Guarantees

In accordance with Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, Scubasur undertakes to provide services in accordance with the contract entered into, and to respond to any lack of conformity.

12. Technical Means to Correct Errors

It is brought to the User's attention that in the event that they detect that an error has occurred when entering the data necessary to process their purchase request on the Website, they can modify them by contacting Scubasur using the contact details provided in clause one (General Information).

In any case, the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Likewise, the User is referred to consult the Legal Notice and Privacy Policy to obtain more information on how to exercise their right of rectification as established in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

13. Personal Data Protection

Jorbla, S.L, is the Controller of the user's personal data and informs them that this data will be processed in accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD) and Regulation (EU) 2016/679 of April 27, 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, so the following information is provided regarding the processing:

Purpose of the processing: Maintaining a business relationship with the user.

Data collected

The personal data collected on this site are as follows:

Order: when placing an order, your name, surname, telephone number, postal address are collected. 

Payment: as part of the payment for the services offered on the website, financial data related to the user's bank account or credit card are recorded. 

Communication: when the website is used to communicate with other members, data related to the user's communications are temporarily stored. 

Cookies: Cookies are used when the site is used. The user has the option to disable cookies from their browser settings. 

Use of personal data

The purpose of the personal data collected from users is to make the website's services available to them, improve them, and maintain a secure environment. More specifically, the uses are as follows:

• Access and use of the website by the user. 
• Management of the operation and optimization of the website. 
• Organization of the conditions of use of Payment Services. 
• Verification, identification, and authentication of data transmitted by the user. 
• Implementation of user support. 
• Prevention and detection of fraud, management of malware (malicious software), and security incidents. 
• Management of possible conflicts with users. 
• Sending commercial and advertising information, according to the user's preferences. 

Sharing personal data with third parties

Personal data may be shared with third parties in the following cases:

• When the user uses payment services, for the implementation of these services, the website is in contact with third banking and financial entities with which it has contracted agreements. 
• When the user authorizes the website to allow a third party access to their data. 
• When the website uses service providers to provide user support, advertising, and payment services. These service providers have limited access to the user's data, in the context of providing these services, and have a contractual obligation to use them in accordance with applicable data protection regulations. 
• If required by law, the website may transmit data to comply with claims against the website and comply with administrative and judicial procedures. 

Security and confidentiality

The website implements organizational, technical, software, and physical security measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the website cannot guarantee the security of information transmitted or stored on the Internet.

Implementation of users' rights

In accordance with the applicable regulations on personal data, users have the following rights, which they can exercise by sending their request to the following address: Paseo de Cotobro, Edificio Delfín, Local 5, 18690, Almuñécar, Granada, Spain, or by email to info@scubasur.com.

Right to withdraw consent at any time.

Right of access, rectification, portability, and erasure of their data, and to the limitation or opposition to their processing.

Right to lodge a complaint with the supervisory authority (agpd.es) if they consider that the processing does not comply with current regulations.

14. Language of the Contract

These general sales conditions are written in Spanish. In the event that they are translated into one or more foreign languages, the Spanish text will prevail in the event of a dispute.

15. Applicable Law

These General Conditions are governed by Spanish law. The parties submit, at their choice, for the resolution of conflicts and with the waiver of any other jurisdiction, to the courts and tribunals of the user's domicile.