This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
PortalAPP conditions
This document is available in English for non-Spanish speakers’ convenience. However, should contradictions arise, the Spanish text will prevail.
Conditions of Sale of the ALMA CRUCEROS Portal and App (currently under development)
1. APPLICABLE PROVISIONS
- These general conditions govern the reservation and/or purchase of products and services through the telematic network on the ALMA CRUCEROS portal and the ALMA CRUCEROS mobile App, property of ALMA VICTORIA, S.L., with registered office at Alameda Principal, 49, 290001 Málaga, holder of CIF B70787940, Tel. +34 629 661 600, email address: mideseo@almacruceros.com (“Organizer” or “ALMA CRUCEROS”).
- All purchase transactions shall be governed by Spanish law, in accordance with consumer protection regulations (Directives 90/314 EC and 2015/2302 EU and the LGDCU – Spanish General Law for the Defense of Consumers and Users – (RDL 1/2007)), as well as, where applicable, national and international regulations related to individual travel tourism services that make up the package trip, as well as by other conditions set out in brochures, catalogues and other documents provided by the Organizer to the passenger in a telematic way, including websites and email (“online”), in force at the time of concluding this contract.
- Each clause of these general terms and conditions shall be deemed independent. The total or partial invalidity of a clause or paragraph shall not affect the validity of any other clause or paragraph of these general terms and conditions of contract.
2. CONTRACT STIPULATION
- The presentation of products and services on the Alma Cruceros portal and the Alma Cruceros mobile app constitutes an invitation to make an offer.
- To book one or more services and/or products, you can select them individually and add them to your cart. Each time you add a product/service to the cart, it will appear on the selected products summary page with its price and any applicable discounts. Upon receipt of your booking, ALMA CRUCEROS will send you an email confirming receipt of your order and that it is being processed. This email does not constitute acceptance of your purchase proposal; it simply confirms receipt of the order and that the availability of the requested products is being verified. Your order is therefore considered as a contractual proposal addressed to ALMA CRUCEROS for the products listed in the cart, considered individually.
- The sales contract with ALMA CRUCEROS will be formalized at 00:00 hours (Spanish peninsular time) on the third day prior to the departure of the booked cruise (for example, for a departure scheduled for June 30 at 11:00 in the morning, the contract will be considered formalized on June 27 at 00:00 hours). Confirmation of the availability of the selected products/services will be communicated by email (Purchase Confirmation) after any changes made to the shopping cart.
- You may modify and/or cancel the products/services in your cart before the deadline mentioned in the previous point expires without incurring additional costs.
- Services/products are sold online and offered only to passengers who qualify as consumers and who have purchased an ALMA CRUCEROS cruise; the relevant contracts are deemed to be concluded in Spain, and the law applicable to the contract is exclusively Spanish law.
- Promotional offers, including those with particularly favorable conditions published on the Alma Cruceros Website or mobile app, are subject to time and availability limits according to criteria established by the Organizer at its sole discretion.
- In the case of a reservation made for several people, when confirming the reservation on ALMA CRUCEROS, the user must identify himself by indicating his name and surname from the list of people included in the reservation. The person making the reservation on behalf of other people guarantees that he has the necessary authority on behalf of said people and guarantees compliance with all contractual obligations also by the people indicated in the reservation.
- Reservations made by minors will not be valid.
- Additional information about the purchased services/products, which is not contained in the contractual documents, brochures, official ALMA CRUCEROS website or other means of communication, including the Alma Cruceros mobile app, will be provided by the Organizer to the passenger with the necessary anticipation before using the service/product.
- The Organizer reserves the right to establish exceptions to these general conditions for certain specific categories of contracts (for example, groups), for which the terms and conditions expressly indicated in each case will apply.
3. PAYMENTS
- Payment for services/products purchased online will be made by charging the onboard account of the passenger who made the reservation for the corresponding service (see article 2.7).
- Likewise, the penalties indicated in clause 6 below will be applied to the passenger.
4. PRICES
- Prices include everything expressly indicated on the Alma Cruceros portal or in the Alma Cruceros mobile app and in the booking confirmation accepted by the passenger.
- Prices are per person.
- Any discount or reduction in the advertised price will be indicated in the summary of the purchased services.
5. MODIFICATIONS BY THE ORGANIZER
- If, before the scheduled departure date, the Organizer is unable to provide (for reasons beyond the passenger’s control) the services/products specified in the contract, it will immediately inform the passenger and the passenger will not be charged for the cancelled service/product.
- If after departure it is not possible for the Organizer to provide (for reasons beyond the passenger’s control) the services/products contemplated in the contract, it will immediately inform the passenger and the costs associated with the cancelled service/product will not be charged to the passenger’s onboard account.
- During the cruise, the passenger may request the replacement of purchased services/products with others of a similar nature. In the event that the replaced services have a higher value than those initially purchased, the passenger must pay the difference on board; if, on the contrary, they have a lower value, the Organizer will credit the difference to the passenger’s onboard account.
6. TERMINATION AND MODIFICATIONS BY THE PASSENGER
- According to article 150 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, as well as its article 160.5, in package travel contracts concluded outside the establishment, the traveler has a period of fourteen days to exercise his right to withdraw from the package travel contract, without the need for justification.
However, in the case of services/products contracted through the application or the telematic network on the Alma Cruceros portal or on the Alma Cruceros mobile app, this general right of withdrawal without justification does not apply, since they are contracts concluded at a distance. In this context, in accordance with articles 102 and 103 of the aforementioned Royal Legislative Decree, if the contract is concluded at a distance, the Traveler will not have the right to this fourteen-day period to withdraw without justification in several cases established in article 103, such as, for example, contracting:
- services related to recreational activities with a specific date or period of execution;
- supply of perishable goods or goods that may deteriorate rapidly;
- sealed goods which are not suitable for return due to health protection or hygiene reasons, if they have been unsealed after delivery;
- services, once the service has been fully performed, and if the contract imposes a payment obligation on the consumer or user, when the performance has begun, with the prior express consent of the consumer or user and with the knowledge on his part that, once the entrepreneur has fully performed the contract, he will have lost his right of withdrawal.
In all these cases, the conditions of termination will be those established in these conditions.
- The consumer may cancel the contract for the service/product purchased up to 2 days before the departure of the cruise, without this entailing the application of penalties.
- In the event of cancellation by the passenger after this 2-day period, no refund will be made and the amounts corresponding to all services/products purchased will be charged to the passenger’s onboard account.
- If during the cruise, the passenger is objectively unable to enjoy the service/product due to health reasons confirmed by a medical certificate, he/she will have the right to terminate the contract and the Organizer will credit the full amount paid to the passenger’s onboard account.
- PASSENGER OBLIGATIONS
- Passengers must behave in a manner that does not compromise the safety, tranquility or enjoyment of the services/products by other passengers. They must also comply with the normal standards of prudence and diligence, as well as with the instructions given by the Organizer or local tour operators and comply with any administrative or legislative regulations relating to the service/product.
- The passenger shall be liable for any damage suffered by the Organizer due to failure to comply with these obligations. This includes damage to the ship, its furnishings and equipment, damage to other passengers and third parties, damage to the means used during excursions, as well as fines, penalties and expenses that the Organizer must pay to port, customs, health or other authorities of the countries visited during the cruise due to the passenger’s negligence.
8. EXCURSIONS
- The excursion itineraries published on the Website or, where applicable, on the Alma Cruceros mobile App and in the catalogue are indicative and subject to change. The schedules and routes of excursions may be modified due to external circumstances, such as weather conditions, strikes or transport delays, as well as operational requirements of service providers .
- Some types of tours may have special conditions, requirements or regulations due to their characteristics. For example, some tours may require passengers to use self-driven transportation.
- Due to the specific nature of certain excursions, not all services may be available to people with disabilities. Before purchasing an excursion, it is recommended that the passenger check the accessibility of excursions of interest to people with disabilities or physical impairments through the website, the catalogue or the telephone number +34 629 661 600 provided by the Organizer.
9. CLAIMS AND COMPLAINTS
- The passenger must submit any claim for possible failures in the organization or performance of the service/product in writing and in the form of a complaint to the Organizer at the time it occurs, or within a maximum period of 10 working days from the date of the expected return of the cruise to the place of departure, under penalty of forfeiture. The Organizer will promptly and in good faith examine the claims submitted, striving, where possible, to find an amicable and prompt solution.
10. CONFIDENTIALITY OF PERSONAL DATA
- In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD), as well as the regulations that were applicable, where appropriate, at the time of collection of your personal data, you have been provided with basic information regarding its processing. You can consult additional and detailed information on Data Protection at www.almacruceros.com ( www.almacruceros.com/en/privacy-policy/ ).
Likewise, we inform you that ALMA VICTORIA, S.L. is responsible for data processing and collects them with the main purpose of managing your request, based on the application of pre-contractual measures for the execution of a future contract signed between the parties, contractual measures and contracting extra services.
For the management and fulfilment of the purpose of the contract, it may be necessary (and mandatory for the provision of the service) that your data (including information on allergies, food intolerances, disabilities, etc.) must be communicated to suppliers such as airlines, shipping companies and other service providers, who will be obliged to use the data solely and exclusively to fulfil the purpose of the contract, always within the legislative framework of data protection of the European Union.
We will keep your personal information for as long as there is a contractual and/or commercial relationship with you, or as long as you do not exercise your right to delete, cancel and/or limit the processing of your data. We will also keep your data solely for legal compliance purposes for a maximum of 10 years – from the end of the contract – if the characteristics of the trip are affected by Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism. The additional data that you provide us (e.g. food preferences, possible intolerances, etc.) will be deleted from our systems once the service or trip is concluded.
You have the right to access, rectify, limit the processing, delete your data and request the portability of your data, as explained in the additional information, by contacting: datospersonales@almacruceros.com or, ALMA VICTORIA, S.L., Alameda Principal 49, 29001 Málaga, SPAIN, to the attention of the Person Responsible for the Protection of Personal Data. In any case, you may file a complaint with the Spanish Data Protection Agency, especially when you have not obtained satisfaction in the exercise of your rights. The address of the Agency is C/ Jorge Juan 6, 28001, Madrid, and its website is www.agpd.es.
11. LAW AND JURISDICTION
- This contract and the general conditions are subject to Spanish law.
- The courts of the Spanish city of Malaga have exclusive jurisdiction to resolve any dispute arising in connection with this contract.