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TERMS OF USE

Terms of
use

These Terms of Use (hereinafter referred to as the “Terms”) govern your access to and use of the website https://www.malagacruiseport.com/contact (the “Website”) and the services provided by Global Ports Holding Limited and its subsidiaries operating in Malaga (collectively referred to as the “PROVIDER,” “we,” “us,” or “our”).

TERMS OF USE

1. INTRODUCTION

These Terms of Use (hereinafter referred to as the “Terms”) govern your access to and use of the website https://www.malagacruiseport.com/contact (the “Website”) and the services provided by Global Ports Holding Limited and its subsidiaries operating in Malaga (collectively referred to as the “PROVIDER,” “we,” “us,” or “our”).

By accessing the Website or utilizing our services, you (the “USER”) agree to be bound by these Terms.

By accepting these Terms, the USER:

  • Confirms that they have read, understood, and agreed to these Terms.
  • Declares they have the legal capacity to enter into contracts in accordance with Spanish Civil Code (Código Civil).
  • Assumes all obligations and responsibilities set forth herein.

These Terms remain valid indefinitely and apply to all interactions with the Website unless otherwise stated by the PROVIDER.

The PROVIDER reserves the right to modify these Terms unilaterally at any time, provided such changes do not retroactively affect services or agreements already executed. Any modifications will be communicated through the Website or other appropriate channels, in compliance with Articles 97–99 of the Spanish General Law for the Defence of Consumers and Users (Real Decreto Legislativo 1/2007) and relevant provisions of Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE).

 

2. PARTIES TO THE AGREEMENT

The contracting parties to these Terms are:

  • The PROVIDER: Global Ports Holding Limited, a company registered in England and Wales with its principal address at 35 Albemarle Street, 3rd Floor, W1S 4JD, London – UK, and its operational offices at Malaga Cruise Port, Estación Marítima de Levante s/n, Port of Málaga.
  • The USER: Any individual accessing the Website or utilizing the services, who is responsible for ensuring the accuracy and completeness of all information submitted during interactions with the PROVIDER.

 

3. PURPOSE OF THE TERMS

These Terms define the contractual relationship between the PROVIDER and the USER, which arises when the USER interacts with the PROVIDER via the Website or in-person at Malaga Cruise Port. The contractual relationship primarily involves the provision of specific services as outlined on the Website, in exchange for fees and terms displayed or otherwise agreed upon.

Important Compliance Considerations:

  • Consumer Rights & Cancellation Policies: Consumer rights granted under the Spanish Consumer Protection Law (Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defense of Consumers and Users) will be respected and clearly communicated in the section concerning withdrawal rights.
  • Electronic Commerce Transactions: Pursuant to Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE), all relevant terms must be made available to the USER prior to completing any transaction.
  • Pricing Transparency: Any service fees will be clearly displayed in accordance with Royal Legislative Decree 1/2007, and the USER will be explicitly asked to confirm before any payment is processed.

 

4. CONTRACTING PROCEDURE

To access certain services offered by the PROVIDER, the USER must complete a registration process through the Website. Registration entails providing accurate and up-to-date personal information in accordance with Articles 97 and 98 of the Spanish General Law for the Defense of Consumers and Users (RDL 1/2007), as well as creating a secure user account with a username and password, which must be kept confidential and for which any unauthorized access or misuse must be immediately reported to the PROVIDER. By completing the registration, the USER acknowledges and accepts that their personal data will be processed in accordance with the PROVIDER’s Privacy Notice, prepared in compliance with the General Data Protection Regulation (GDPR) and Spanish Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights, and that access to services is subject to availability and, where applicable, the successful completion of payment as outlined in Section 9 of these Terms.

 

5. GENERAL TERMS OF SERVICE

The following general conditions apply to all services made available via the Website: all services are governed exclusively by these Terms, and no other stipulations, whether verbal or written, shall be binding unless expressly accepted in writing by the PROVIDER. Services are provided “as is,” without any warranties or guarantees beyond those expressly stated in these Terms or required under applicable Spanish and EU legislation. For any service subject to payment, the total price, including applicable VAT and any additional charges, will be clearly communicated to the USER before the purchase is confirmed, in accordance with Article 20 of Law 34/2002 (LSSI-CE) and Articles 60–61 of the Spanish General Law for the Defense of Consumers and Users (RDL 1/2007).

 

6. RIGHT OF WITHDRAWAL (DERECHO DE DESISTIMIENTO)

The USER may exercise their right of withdrawal (derecho de desistimiento) in accordance with Articles 102 et seq. of the Spanish General Law for the Defense of Consumers and Users (RDL 1/2007), under the following conditions: the USER has 14 calendar days from the conclusion of the service agreement to withdraw, unless the service has already been fully performed with the USER’s explicit consent and acknowledgment that the right of withdrawal will be lost upon full execution. The right of withdrawal does not apply to services that are personalized or involve the supply of digital content not provided on a tangible medium, where performance has begun with the USER’s prior express consent and acknowledgment of the loss of the right to withdraw.

 

How to Withdraw

  • Withdrawal requests must be submitted by email to info@malagacruiseport.com or in writing to the PROVIDER’s local office in Malaga.
  • For electronically concluded agreements, information about the right of withdrawal, including conditions, time limits, and procedures, will be provided in advance of the USER’s acceptance of the transaction, in compliance with Article 97.1.i) of RDL 1/2007 and Directive 2011/83/EU.

 

7. DISPUTES AND LIABILITY

The PROVIDER strives to provide a seamless and satisfactory experience for all USERS. However, in the event of disputes, the USER may submit a written complaint via email to info@malagacruiseport.com, providing a detailed description of the issue. The PROVIDER will respond to complaints within 30 days, either resolving the matter or providing an explanation if resolution is not possible within that timeframe. In accordance with Article 21 et seq. of the Spanish General Law for the Defense of Consumers and Users (RDL 1/2007) and Directive 2013/11/EU on Alternative Dispute Resolution (ADR), consumers may also access out-of-court dispute resolution mechanisms through registered ADR entities or via the Online Dispute Resolution (ODR) platform provided by the European Commission, available at https://ec.europa.eu/consumers/odr.

 

8. FORCE MAJEURE

Neither party shall be held liable for delays or failures to fulfill obligations due to circumstances beyond reasonable control, including but not limited to:

  • Natural disasters (e.g., earthquakes, floods, storms)
  • Governmental actions or regulatory changes
  • Acts of war, terrorism, or civil disturbances
  • Industrial disputes or labor strikes not caused by the affected party

In the event of a force majeure, the affected party must notify the other party without undue delay. Obligations under this agreement shall be suspended for the duration of the event and resume once the force majeure condition has ceased.

This provision is governed by Articles 1105 and 1182 of the Spanish Civil Code, regulating unforeseeable events and impossibility of performance.

 

9. PRICING AND PAYMENT TERMS

All service prices are displayed in Euros (EUR) and include applicable Spanish VAT (IVA), unless otherwise stated. Payments may be made by credit card, electronic bank transfer, or other approved methods indicated on the Website, and any payment-related queries should be directed to info@malagacruiseport.com. In compliance with Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) and Royal Legislative Decree 1/2007 (General Law for the Defense of Consumers and Users), all pricing details will be clearly communicated to the USER before the conclusion of any transaction. The PROVIDER will also issue invoices in accordance with applicable Spanish invoicing regulations.

 

10. APPLICABLE LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Spain, without prejudice to the protection afforded to consumers by mandatory laws of their country of residence under Article 6 of Regulation (EC) No. 593/2008 (Rome I).

Any disputes arising from or related to these Terms shall fall under the exclusive jurisdiction of the competent courts in Malaga, Spain, unless otherwise provided by mandatory consumer protection laws, in which case jurisdiction shall lie with the USER’s place of residence, pursuant to Regulation (EU) No. 1215/2012 (Brussels I bis).

 

11. CONTACT INFORMATION

For any questions or concerns, please contact us:

📧 Email: info@malagacruiseport.com

📍 Address: Estación Marítima de Levante s/n Port of Málaga