Generel Terms and Conditions
GENERAL TERMS AND CONDITIONS
(Provisional translation of the Spanish original text)
between the client
Heiko Wittbold, on behalf of the company Mallorca Marine Surveyors S.L.U.
with the VAT ID No.: ES B57377046
hereinafter referred to as the company.
1. Placing of order
By placing an order the client accepts the general terms and conditions of the company.
2. Obligations of the client
The client shall provide the company with all documents and information required for the proper preparation of the order free of charge.
Old and previous damage must be named or pointed out by the client. The client may not give any instructions that could falsify the result of the order.
The company shall not be liable for any disadvantages arising from incorrect information or concealment of important facts by the client or from documents received late or not at all.
The client shall ensure free access to and at the object at the agreed time and for the required period of time. Delays and/or additional journeys to and from the site will be invoiced separately.
3. Obligations of the company
The company undertakes to carry out the inspection on the agreed date and to submit the report within the agreed period.
Delays caused by third parties or the client shall have suspensive effect.
The client authorizes the company to carry out all findings, investigations and services it deems necessary and expedient.
Excluded from this are non-destructive examinations or those which would cause additional costs.
The company shall not be liable for any reports or statements prepared by other experts. If the contractor is expressly permitted to appoint a third expert, the company shall only be responsible for any fault committed in the selection of the person.
5. Survey Reports
The company shall submit a report in the agreed format and on the agreed terms.
The company reserves the copyright and the corresponding rights of use to all texts, photos and videos created by the surveyors. Alteration and publication of the texts, photos and videos are only possible with written permission.
The survey reports produced may only be used for the purpose stated in the survey report.
If applicable, the client may use the survey report only in its most recent version.
The dissemination of the survey report to third parties not directly related to the agreed purpose is not permitted without the express written consent of the company.
The company shall not be liable for damage caused to other persons or the client due to missing or incomplete information provided by the client.
The company shall not be liable for any damage that may be caused to other persons or the client by the disclosure of the expert opinion to third parties or its use by third parties.
The company shall only be liable for damage that the survey report may cause to the client or third parties if the company has acted in bad faith or fraudulently in the performance of its work or in the preparation of the survey.
8. Terms of payment
The client undertakes to pay the full invoice amount in EURO to the account indicated before the survey report is delivered.
9. Advance payments
The company may demand advance payments for the commissioned services and for expenses (outlays).
The company is entitled to start work only after receipt of the advance payment.
Cancellations of orders must be notified in writing. Possible cancellation fees and expenses already incurred shall be paid by the client.
11. Data storage
The client and the company shall comply with the data protection standards of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and the Spanish Law (ES) (LOPD).
The company processes the information provided to it by the client in order to provide the requested service and carry out the corresponding billing. In accordance with the applicable regulations on the protection of personal data, Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and Spanish Law (ES) (LOPD), the company informs the client that the data provided will be kept for as long as the business relationship is maintained or as long as necessary to comply with legal obligations and other responsibilities that may arise from compliance with the purpose for which the data was collected. The data will not be passed on to third parties unless there is a legal obligation to do so. The client has the right to obtain information on whether the company is processing its personal data, so that the client’s rights of access, rectification, cancellation and portability of the data, as well as opposition and restriction of its processing, can be exercised at the company (Mallorca Marine Surveyors S.L.U., Calle Joan Saridakis 2, 07015 Palma de Mallorca, Balearic Islands) or at the e-mail address email@example.com, enclosing a copy of the identity card or equivalent document. Should the client consider that their rights have been disregarded, they may lodge a complaint with the national supervisory authority by contacting the Spanish Data Protection Agency, C/ Jorge Juan, 6 – 28001 Madrid or www.agpd.es.
Should any discrepancy arise in relation to these conditions or to the services provided, both parties submit to the jurisdiction and competence of the Courts of Palma de Mallorca, waiving their own jurisdiction if different. This contract is governed by Spanish law.