Terms & Legal

Legal Notice (Aviso Legal)

In compliance with Article 10 of Ley 34/2002, de Servicios de la Sociedad de la Información y del Comercio Electrónico (LSSI-CE), we provide the following information:

Purpose

This website makes available to users the services and information about aquatic recreation activities offered by STIERS E HIJOS S.L. Any person accessing this website assumes the role of user and agrees to the rigorous observance of the provisions set out herein.

Intellectual Property

The website, including but not limited to its programming, editing, compilation, and other elements necessary for its operation, as well as designs, logos, text, and graphics, are the property of the provider or have been licensed accordingly. All contents are duly protected by intellectual and industrial property regulations.

Total or partial reproduction, use, exploitation, distribution, or commercialisation requires prior written authorisation from the provider.

Liability

The provider is exempt from any liability arising from information published on this website, provided that such information has been manipulated or introduced by a third party. Links to third-party websites are provided for reference only; the provider assumes no responsibility for their content.

Applicable Law & Jurisdiction

For the resolution of all disputes related to this website, Spanish legislation shall apply. The competent courts shall be the Courts and Tribunals of Marbella.

Terms & Conditions

These terms govern the booking and provision of water sports services by STIERS E HIJOS S.L. trading as Marbella JetSki. By making a booking, you agree to these terms in full.

1. Service Provider

STIERS E HIJOS S.L., NIF B92917178, operating as "Marbella JetSki" at Playa de las Dunas, Urbanización Pinomar, 29604 Marbella, Málaga, Spain.

2. Booking & Reservation

• Bookings may be made via our website, WhatsApp (+34 655 442 232), phone, or in person at our beach location.
• A booking is confirmed only upon receipt of confirmation from our team (via WhatsApp, email, or booking reference number).
• We reserve the right to refuse bookings at our discretion, including for safety reasons.
• For boat and yacht charters, a 20% deposit is required at the time of booking. The remaining 80% balance is due on arrival before the activity commences.
• For jet ski hire, water sports, and racing lessons, full payment (100%) is required at the time of booking.

3. Pricing

• All prices displayed are in Euros (€) and include applicable taxes (IVA/VAT).
• Prices are subject to change without prior notice. The price applicable is that published at the time of booking confirmation.
• Per-person activities (banana boat, crazy sofa, donut ride, etc.) are charged per participant.
• Yacht charter rates include: professional captain, fuel, refreshments (including wine), and paddleboard.

4. Payment Methods

We accept the following payment methods:

• Credit/Debit cards (Visa, Mastercard)
• Cash (on-site only)

All online payments are processed through secure, PCI-DSS compliant payment gateways with 256-bit SSL encryption.

5. Age Requirements

• Jet Ski: Minimum 18 years old. Participants aged 16-17 may ride with signed parental/guardian consent form.
• Water Sports (towables): Minimum age varies by activity. Minors must be accompanied by a responsible adult.
• Pedal Boats: Children permitted when accompanied by an adult.
• Yacht Charters: No age restriction for passengers. However, the booking must be made by a person aged 18+.

6. Participant Requirements

• Valid photo identification (passport or national ID) is required for all jet ski riders.
• All participants must complete a safety briefing before commencing any activity.
• Participants must be in good physical health and free from conditions that could be aggravated by water sports activities.
• Participants must not be under the influence of alcohol or drugs.
• It is forbidden to take a mobile phone into the water during activities.

7. Insurance

All activities are covered by Civil Liability Insurance (Seguro de Responsabilidad Civil). This insurance covers third-party injuries and property damage caused during the normal use of our equipment. It does not cover injuries arising from the participant's negligence, breach of safety rules, or failure to follow staff instructions.

8. Equipment & Damages

• Participants accept that they receive all equipment (jet ski, boat, etc.) in perfect working condition and are obliged to return it in the same condition.
• In case of accidental damage caused by negligence or breach of rules, the participant will be required to cover repair costs at prevailing market rates.
• Loss of keys: A charge of €25 applies for lost jet ski keys.
• All equipment undergoes daily mechanical inspection and holds current ITB (Inspección Técnica de Barcos) certification.

9. Weather Conditions

Safety is our priority. We monitor weather conditions through AEMET (Agencia Estatal de Meteorología) and State Ports services. If conditions are deemed unsafe:

• We will reschedule your booking to an alternative date at no cost.
• If rescheduling is not possible, a full refund will be issued.
• The decision to cancel due to weather is made solely by our qualified staff and is final.

10. Limitation of Liability

STIERS E HIJOS S.L. is not responsible for any injury or damage caused by:

• Participant's failure to follow safety instructions or rules.
• Reckless or negligent behaviour during activities.
• Pre-existing medical conditions not disclosed prior to the activity.
• Personal belongings lost or damaged during activities.

This limitation does not apply to liability that cannot be excluded under applicable Spanish consumer protection law (Real Decreto Legislativo 1/2007).

11. Consumer Rights

In accordance with Real Decreto Legislativo 1/2007 (Ley General para la Defensa de los Consumidores y Usuarios), consumers are entitled to:

• Clear and accurate information about services and pricing before purchase.
• A written confirmation of the booking with all relevant details.
• The right to submit complaints through official channels.

Note: The right of withdrawal (14-day cooling-off period) does not apply to leisure services provided on a specific date, per Article 103(l) of the Consumer Rights Directive (Directiva 2011/83/UE), as transposed into Spanish law.

12. Complaints

We are committed to resolving any complaints promptly. You may address complaints to:

• Email: jetskimarbella@gmail.com
• Phone: +34 655 442 232
• In writing to our operating location.

Complaint forms (hojas de reclamaciones) are available at our beach location as required by Andalusian consumer protection regulations (Decreto 72/2008).

Cancellation & Refund Policy

1. Customer-Initiated Cancellations

• More than 24 hours before the activity: Full refund of any amount paid, or free rescheduling to another date.
• Less than 24 hours before but more than 2 hours: 50% of the booking amount will be charged. Remainder refunded.
• Less than 2 hours before or no-show: No refund will be issued. The full booking amount is forfeited.

2. Weather-Related Cancellations

If we cancel an activity due to unsafe weather conditions (as determined by our qualified staff based on AEMET data):

• 100% refund of all amounts paid, OR
• Free rescheduling to an alternative date (subject to availability).

3. Company-Initiated Cancellations

In the rare event that we must cancel for operational reasons (equipment failure, staffing, etc.), customers will receive a full refund or the option to reschedule.

4. Refund Processing

• Refunds are processed to the original payment method.
• Card refunds may take 5-10 business days to appear on your statement.
• Cash refunds are available at our beach location during business hours.

5. Modifications

Changes to booking date, time, or activity type may be made free of charge up to 24 hours before the scheduled activity, subject to availability. Contact us via WhatsApp or phone to make changes.

6. Late Arrivals

If you arrive late for your scheduled activity, the session duration will be reduced accordingly. No refund is issued for lost time due to late arrival. If you arrive more than 30 minutes late, the booking may be treated as a no-show.

Privacy Policy (Política de Privacidad)

This policy is designed in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation — GDPR) and Ley Orgánica 3/2018 (LOPD-GDD — Spanish Data Protection and Digital Rights Guarantee Act).

1. Data Controller

2. Data We Collect

We collect the following categories of personal data:

• Identity data: Name, surname, date of birth, ID/passport number
• Contact data: Email address, phone number, postal address
• Booking data: Activity selected, dates, preferences, payment information
• Technical data: IP address, browser type, device information (collected automatically)
• Media data: Photographs and videos taken during activities (with consent)

3. Purpose of Processing

Your personal data is processed for the following purposes:

• Provision of aquatic recreation services (booking management, safety compliance)
• Fulfilling legal obligations (contract formation, tax records, maritime safety regulations)
• Sending information about products and services (only with explicit consent)
• Improving our website and customer experience

4. Legal Basis

• Contract performance: Processing necessary to provide the booked service (Art. 6.1.b GDPR)
• Legal obligation: Tax, maritime safety, and consumer protection regulations (Art. 6.1.c GDPR)
• Consent: Marketing communications and photographic/video media (Art. 6.1.a GDPR)
• Legitimate interest: Website analytics and fraud prevention (Art. 6.1.f GDPR)

5. Data Retention

• Booking and contract data: retained for 3 years from the date of the last service, or as required by tax legislation (6 years under Spanish Commercial Code).
• Consent-based data: until consent is withdrawn.
• Technical/analytics data: 26 months maximum.

6. Data Sharing

We do not sell your personal data. Data may be shared with:

• Payment processors (for transaction processing, PCI-DSS compliant)
• Tax authorities (as required by Spanish tax law)
• Insurance companies (in the event of an incident or claim)
• Law enforcement (when required by judicial order)

No international data transfers outside the EEA are made unless adequately protected under GDPR Chapter V.

7. Your Rights

Under GDPR and LOPD-GDD, you have the following rights:

• Right of Access — obtain confirmation of what data we hold about you
• Right to Rectification — correct inaccurate data
• Right to Erasure — request deletion of your data ("right to be forgotten")
• Right to Restriction — limit how we process your data
• Right to Data Portability — receive your data in a portable format
• Right to Object — object to processing based on legitimate interests or marketing
• Right to Withdraw Consent — withdraw consent at any time without affecting lawfulness of prior processing

To exercise your rights, contact us at jetskimarbella@gmail.com or by phone at +34 655 442 232. Please include a copy of your ID for verification.

You also have the right to file a complaint with the Agencia Española de Protección de Datos (AEPD) — www.aepd.es.

8. Security Measures

We have implemented appropriate technical and organisational measures to protect your personal data, including:

• SSL/TLS encryption for all data transmission
• Access controls and authentication systems
• Regular security assessments
• Staff training on data protection

Photography & Video Recording Policy

This policy is established in accordance with Regulation (EU) 2016/679 (GDPR), Ley Organica 3/2018 (LOPDGDD), and Ley Organica 1/1982 on the civil protection of the right to honour, personal and family privacy, and one's own image.

1. Purpose and Scope

In the course of its water sports operations, STIERS E HIJOS S.L. (trading as Marbella JetSki) may capture photographs and video recordings of its activities, equipment, staff, clients, and surrounding beach and marine environments for promotion and marketing, documentation, and fulfilment of client photography packages.

2. Legal Basis for Image Processing

• Consent (Art. 6(1)(a) GDPR): Where individuals are the intended subject, express prior consent is obtained during the booking process.
• Legitimate Interest (Art. 6(1)(f) GDPR): Where individuals appear incidentally as a merely accessory element in content depicting the Company's operations.

3. Incidental vs. Focused Capture

Per Article 8.2(c) of LO 1/1982: Incidental capture (background beachgoers) requires no consent. Focused capture (identifiable, significant element) always requires express consent, especially for advertising purposes (Art. 7.6, LO 1/1982).

4. Special Provisions for Minors

• No identifiable images of minors published without express written parental/guardian consent.
• Under-14s cannot consent independently (Art. 7 LOPDGDD); parental authority required.
• Inadvertently published minor images removed promptly upon request (Arts. 84 & 92 LOPDGDD).

5. Your Rights Regarding Your Image

• Access — confirm whether your image is used
• Erasure ("Right to be Forgotten") — request deletion (Art. 17 GDPR, Art. 94 LOPDGDD)
• Objection — object at any time to use based on legitimate interest

Contact: jetskimarbella@gmail.com or +34 655 442 232. Response within 30 calendar days. Complaints: AEPD — www.aepd.es.

6. Notice & Transparency

Visible signage is displayed in our operational area. Notices available in Spanish, English, French, and Dutch.

7. Retention

Promotional content retained max 3 years. Deletion/objection requests fulfilled within 30 calendar days.

8. International Transfers

Publication on third-party platforms (Meta, Google, ByteDance) may involve transfers outside the EEA, governed by applicable adequacy decisions or Standard Contractual Clauses (Chapter V GDPR).

Cookie Policy

In compliance with Article 22.2 of Ley 34/2002 (LSSI-CE) and EU Directive 2002/58/EC (ePrivacy Directive), we inform you about the use of cookies on this website.

1. What Are Cookies?

Cookies are small text files stored on your device when you visit a website. They help us improve your browsing experience and understand how our site is used.

2. Types of Cookies We Use

Essential Cookies (Strictly Necessary)

These are required for the website to function correctly. They do not require your consent.

• Session management
• Security and fraud prevention
• Cookie consent preferences

Functional Cookies

These remember your preferences (language, region) to enhance your experience.

Analytics Cookies

These help us understand how visitors use our website (page views, navigation flow). We may use Google Analytics or similar services. These cookies are anonymised and do not identify individual users.

Marketing Cookies

These may be set by our advertising partners (e.g., Facebook Pixel, Instagram) to show you relevant ads. We only set these with your explicit consent.

3. Managing Cookies

You can manage or disable cookies through your browser settings:

• Google Chrome
• Firefox
• Safari
• Microsoft Edge

Please note that disabling cookies may affect the functionality of some features on our website.

4. Consent

When you first visit our website, a cookie consent banner will appear. By clicking "Accept," you consent to the use of all cookies. You may also customise your preferences or reject non-essential cookies. Your consent can be withdrawn at any time by clearing your cookies or adjusting your browser settings.

Safety Rules & Regulations

The following rules apply to all participants. By booking an activity, you agree to comply with these rules. Failure to do so may result in immediate termination of the activity without refund.

1. General Safety Rules

1. You must strictly follow all instructions provided by staff for the entire duration of your activity.
2. The designated navigation area is indicated with four red buoys/floaters. It is absolutely forbidden to operate outside this zone.
3. You must always remain at least 200 metres from shore and 50 metres from other jet skis or boats.
4. You will be accompanied by an instructor/support boat at all times.
5. In case of mechanical issues, pull the kill-switch cord to stop the engine. Wave your arms toward the instructor boat. Do NOT leave the jet ski.
6. The use of jet skis is not permitted for anyone under 16 without parental authorisation.
7. Taking a mobile phone into the water is strictly forbidden.
8. All participants must wear the provided ISO 12402-5 life jacket at all times. CE-rated helmets are mandatory only for towable water sports activities (wakeboarding, water skiing, inflatable towables) and are not used for jet ski circuit sessions or excursions.

2. Mandatory Safety Briefing

Before any activity, all participants must complete a 10-15 minute safety briefing covering:

• Jet ski handling and controls
• Kill-switch lanyard and automatic power cut-off
• Kill-switch lanyard usage
• Navigation rules and restricted zones
• Emergency procedures and distress signals
• AEMET weather conditions for the session

3. Equipment & Safety Measures

• All jet skis are 2024-2025 Yamaha VX models with GPS tracking (OtoTrak) and automatic power cut-off
• ISO 12402-5 certified life jackets provided
• CE-rated helmets provided for towable water sports only (wakeboarding, water skiing, inflatable towables)
• Support boat with qualified skipper posted within 300 metres
• First aid kit on all support vessels
• Daily mechanical inspections with up-to-date ITB certification
• Weather verified against AEMET and State Ports services before each session

4. Accidents & Damage

In case of accidental damage to equipment caused by negligence or breach of rules:

• The participant must cover repair expenses at prevailing market rates.
• An accident declaration form must be completed with all required details.
• Loss of key: €25 charge.

5. Media & Photography

Our staff may take photographs and videos during activities for promotional purposes. By participating, you may be asked to authorise the use of such media. This authorisation is optional and may be withdrawn at any time by contacting us.

For any questions regarding media usage or consent, please contact us at: jetskimarbella@gmail.com