These terms and conditions are intended to regulate access to and the terms of use of the APP. Please read these conditions carefully. You understand and acknowledge that Tripulando is not a party to any contract, agreement or contractual relationship of any kind entered into between the APP Users, the Skipper and the Crew Member.

By clicking on “User Registration” under the Skipper or Crew Member option with an email address, you acknowledge that you have read and accepted these General Conditions of Use (GCU).

If you log in to your Account on the Tripulando APP from a country (for example, www.tripulando.com), please note that (a) the terms and conditions of that APP, (b) the privacy policy of that APP, and (c) the legal rules and regulations of that country will apply. In addition, your Account information, including personal data, will have to be transferred to the legal entity that legally operates in that country.

2. DEFINITIONS

In this document:

“Announcement” means an announcement relating to a Shared Fishing Day or Trip organised and published by the Skipper on the APP;

“Shared Fishing Day or Trip Announcement” refers to an announcement relating to a Shared Fishing Day or Trip published in the APP, by a Skipper registered in it.

“Skipper” refers to the User registered in the APP, with an available Boat, authorized by Tripulando to advertise and organize his Shared Fishing or Outing Days in the APP, with the aim of offering the sharing of a Shared Fishing or Outing Day to another user of the APP, the Crew Member, in exchange for sharing the costs associated with the Shared Fishing or Outing Day. The “Skipper” is obliged to offer a Free Space for Companions of his boat and to make him participate in the Shared Fishing or Outing Day determined, on the date and time registered in the Shared Fishing or Outing Day that he has previously organized and published in the APP, fulfilling his obligations as Skipper described in the T&Cs of Tripulando;

“Crew” has the meaning ascribed to it in Article 1 above;

“CGU” means these General Terms and Conditions of Use;

“Account” means the account that must be created to be a User (skipper and/or crew member) and to be able to access certain services offered by the APP;

“User Developed Content” has the meaning given in Section 11.2 below;

“Management Expenses” has the meaning given in Article 5.2 below;

“User” means any person who has created an Account on the APP;

“Crew Member” means the User who has registered as a Crew Member in the APP, with the aim of receiving information about the different Shared Fishing or Outing Days published by the different Skippers that are offered in the APP, to cover the Free Spaces for Companions that the Skippers have available on their boats included in the Shared Fishing Days that have been previously published in Tripulando.

They are obliged to pay the corresponding part of the costs generated (Shared Expenses) in the day offered by the Employer, in which they wish to participate;

“Registered Crew Member” means the User registered as a Crew Member who has signed up for a Shared Fishing Trip or Outing organized by the Skipper and makes payment for the Shared Expenses.

“Shared Expenses” means, for a given Shared Fishing Day or Trip, the sum of money requested by the Skipper and accepted by the Crew Member for his contribution to the expenses generated on said day;

“Free Space for Companions” means the seat offered by a Skipper, on his boat, to the Crew Member on the Shared Fishing or Outing Day;

“APP or Platform” has the meaning given to it in Article 1 above;

“Services” means all services offered by Tripulando through the APP or Platform;

“Website” means the website accessible from the address www.tripuladon.com;

“Shared fishing or outing day” means the route subject to an Advertisement published by a Skipper in the APP by which the Skipper agrees to offer a Shared Fishing or Outing Day with the Crew, Users of the APP, in exchange for sharing the costs generated (Shared Expenses) in the Shared Fishing or Outing Day.

“Signing up” means that the Crew Member agrees to share a Shared Fishing or Trip offered by the Skipper, accepting all the particularities described in the Shared Fishing or Trip.

“Pay now” means that the Crew Member agrees to take part in the Shared Fishing or Trip Day in accordance with the particularities offered described by the Skipper in the APP, fulfilling his/her obligations as a Crew Member described in the T&Cs of Tripulando and proceeds to pay the Shared Expenses.

3. REGISTER IN THE APP AND CREATE AN ACCOUNT

3.1. APP REGISTRATION CONDITIONS

The APP may only be used by persons over the age of 18. Registration on the APP by a minor is strictly prohibited. By accessing, using or registering on the APP, you confirm and warrant that you are over the age of 18.

3.2. CREATING AN ACCOUNT

The APP allows Users to post and view Ads and interact with each other to register for a Free Space for Companions. It is possible to view Ads without being registered in the APP. However, you will not be able to post an Ad or register for a Free Space for Companions without first having created an Account to become a User.

To create your Account you must fill in the required fields within the APP, name and email.

To register in the APP you must have read and accepted these GCU and the Privacy Policy.

By creating your Account, you agree to provide true and accurate information, and to update such information through your profile or by sending a notification to Tripulando, in order to ensure its relevance and accuracy throughout the entire duration of your contractual relationship with Tripulando.

If you register using an email address, you agree to keep the password you selected when creating your Account secret and not to disclose it to anyone else. If your password is lost or disclosed, you must notify Tripulando immediately. You are solely responsible for the use of your Account by third parties, unless you have expressly notified Tripulando of the loss, fraudulent use by a third party, or disclosure of your password to a third party.

Remember not to create or use, under your own identity or under the identity of a third party, any additional Account other than the one initially created.

3.3. VERIFICATION

For the purposes of transparency, improving accuracy or preventing or detecting fraud, Tripulando may establish a system to verify some of the information provided in your profile. This is mainly the case in which you enter your telephone number or provide us with an Identity Document, electricity or water bills in your name.

You acknowledge and agree that any reference in the APP or the Services to “certified” information, or any other similar term, means only that a User has successfully passed the verification procedure in the APP or the Services to provide you with more information about the User with whom you are considering sharing a Shared Fishing Trip or Trip. Tripulando cannot guarantee the veracity, reliability or validity of the information subject to the verification procedure.

4.USE OF SERVICES

4.1. PUBLICATION OF ADVERTISEMENTS

As a User, as long as you meet the conditions set out below, you can create and publish Advertisements in the APP by entering information about the Shared Fishing Day or Trip you are going to do (Description, Number of Free Spaces for Companions offered, Start/End Time of the day, Available materials, Departure location, Accepts or not materials, Strategy, Final price of the total Shared Expenses, etc.).

You may only post an Ad if you meet each and every one of the conditions listed below:

(0) You are a skipper and have a boat available

(a) You have a valid qualification that enables you to operate the vessel;

(b) You only post Ads that include a vessel that you own or that is used with the express consent of the owner, and provided that you are authorized to use the vessel for day-sharing purposes;

(d) The vessel has valid third party insurance;

(e) You have no contraindications or medical incapacity to captain the vessel;

(f) The vessel that you are going to use for the Shared Fishing or Outing Day must have a valid Certificate of Navigability, and must not be a floating or beach vessel that lacks said certificate.

(g) You do not intend to publish another advertisement for the same Shared Fishing Day or Trip on the APP;

(h) You do not offer more Free Spaces than those authorized in the Technical Sheet of your vessel and those permitted by the APP;

(i) All Free Spaces have their corresponding approved lifeguards, the number of approved lifeguards must be equal to the sum of all participants in the fishing day.

(j) You use a vessel that is in good condition and that complies with all legal regulations in force, and that the vessel has the Certificate of Navigability with the corresponding updated ITB.

You acknowledge that you are solely responsible for the content of the Advertisement you publish on the APP. Therefore, you acknowledge and guarantee the truthfulness and accuracy of all the information included in your Advertisement, and you agree to carry out the Shared Fishing or Hiking Day under the conditions described in your Advertisement.

Your Advertisement, provided it complies with these GCU, will be published in the APP and therefore may be seen by all Users and visitors, including people who are not Users of the APP, who perform a search in the APP or on the website of the companies associated with Tripulando. Tripulando reserves the right, at its sole discretion and without prior notice, not to publish or to delete, at any time, any Advertisement that does not comply with these GCU or that it considers may damage its image, the image of the APP or the image of the Services.

You acknowledge and agree that the criteria used in ranking and establishing the order in which your Advertisement is displayed among other Advertisements is at the sole discretion of Tripulando.

4.2. HOW DOES A CREW MEMBER REGISTER TO COVER A FREE SPACE FOR COMPANIONS WITHIN A BOAT ON A SHARED FISHING OR TRIP DAY OFFERED BY THE SKIPPER.

Tripulando has established a system to register online to fill the Free Spaces, for the Shared Fishing or Walking Days offered by the Skippers in the APP.

When a Crew Member is interested in a Shared Fishing or Outing Day, once he/she agrees to Enroll and proceeds to pay, he/she will be automatically accepted into the Shared Fishing or Outing Day, provided that all the Free Spaces for Companions offered by the Captain in the APP are not filled.

The Crew Member makes the online payment for the amount of Shared Expenses, is assigned a Free Space for Companions within the Skipper's boat, the requests will be automatically filled in order of registration/payment and in the event that all the Free Spaces are filled, the Crew Members who have requested their Free Space for Companions and it is already filled, will receive a message with information about the situation, becoming part of a pool, with the aim of being informed in case of any unexpected absence, of the Shared Fishing Day or Trip in question.

Once payment has been received by Tripulando and the registration has been validated by the APP, the Crew Member will receive confirmation that he or she has been “Registered”.

At the time of Confirmation of registration, Tripulando will send you the phone number of the Skipper (if you are the Crew Member) or the Crew Member (if you are the Skipper). From this moment on, you are the only person responsible for the fulfillment of the contract that binds you with the other User.

Any use of the Services, whether as Crew Member or Skipper, is associated with a specific name. The identities of the Skipper and Crew Member must correspond to the identities communicated by them to the Crew Member and to the other Users participating in the Shared Fishing Day or Trip.

The APP is designed to reserve Free Spaces for people. It is prohibited to reserve a Free Space for Companions to transport any object, package, animal traveling alone or any other material item.

It is equally prohibited to post an Ad for any other Employer other than yourself.

4.3. EVALUATION SYSTEM

4.3.1. OPERATION

Tripulando encourages you to rate a Skipper (if you are a Crew Member) or a Crew Member (if you are a Skipper) with whom you have shared a Shared Fishing Day or Trip or with whom you were supposed to share a Shared Fishing Day or Trip. However, you are not allowed to rate another Crew Member if you are a Crew Member, or any other User with whom you have not shared a day or with whom you were not planning to share a day.

Your rating, as well as any other ratings made about you by other Users, will only be visible and published on the APP after the shorter of the following periods: (a) immediately after both of you have rated, or (b) after a period of 14 days after the first rating.

The Crew Member will rate the Skipper (1-5) by evaluating three parameters Skipper Rating:

1. - Knowledge:

- Scenario in which we are going to carry out the Shared Fishing or Walking Day (Sand, gravel, stone, posidonia, shipwrecks, etc.)

- Mastery of the specific type of fishing that we are going to practice during the Shared Fishing Day or Outing.

- Appropriate fishing equipment for the Shared Fishing Day or Trip (rods, reels, weights, lures, baits, etc.).

- Factors that influence our shared fishing or hiking trip (winds, tides, atmospheric pressure, solunar periods, etc.).

- Electronic equipment that we use during the Shared Fishing or Hiking Day.

2. - Skills:

- Skill in handling the boat without ever putting the crew at risk (boat skippering).

- In the use of the fishing materials necessary to carry out our Shared Fishing Day or Trip (rods, reels, lures, etc.).

- In the handling of electronic equipment (to get to the fishing spot and return to the starting point of the Shared Fishing Day or Trip, and to position oneself correctly in the fishing scenario, controlling the drift of the boat, in the trolling or drifting modality, such as entering a school of fish and repeating the action, etc.).

3. - Attitude:

- Treatment of companions on the Shared Fishing or Hiking Day.

- Motivation directed towards colleagues who, due to circumstances, are not enjoying the Shared Fishing or Hiking Day.

- Advice on fishing, aimed only at those who lack the basic knowledge necessary to carry out the Shared Fishing Day or Trip.

- Obligation to return to the starting point of the day, in the event that any crew member suffers an illness during the Shared Fishing or Outing Day (seasickness, poor health, etc.).

The valuation would be the result of the equation:

(Knowledge Skills) x (Attitude)

The minimum score would be:

(* *) x (*) = 2 points per exit.

The maximum score would be:

(***** *****) x (*****) = 50 points per departure, to equate it to the Crew Member's rating we divide it by 10.

Minimum (* *) x (*) /10 = 0.2 = (*)

Maximum (***** *****) x (*****) /10 = 5 = (*****)

Knowledge and Skills add up

Attitude multiplies by its importance.

((C H) x A) / 10 = P

P must be divided by the number of Crew Members who score and by the number of times the Skipper has been scored.

Crew Member Rating:

The Crew Member assessment would be very simple, consisting of assessing only from (*) to (*****).

The Skipper would do it based on the treatment and behavior with the Skipper and the rest of the Crew

4.3.2. MODERATION

You acknowledge and agree that Tripulando reserves the right not to publish or to delete any comment, question, opinion or response to them if it considers that their content violates the provisions of these GCU.

4.3.3. LIMIT

Tripulando reserves the right to suspend your Account, limit your access to the Services, or terminate these Terms and Conditions if (a) you have received at least three negative reviews and (b) the average ratings you have received have a score of (**) or lower.

5. FINANCIAL CONDITIONS

Access and registration in the APP, as well as searching, viewing and publishing Ads, do not entail any cost except for advertising banners. However, the reservation will be made after payment of a corresponding fee, under the conditions described below.

5.1. SHARED EXPENSES WHEN SHARING A BOAT

Shared Expenses are determined by you, as the Skipper, under your sole responsibility. It is strictly forbidden to obtain any type of benefit through the use of our APP. Therefore, you agree to limit the Shared Expense Amount requested from your Crew to the actual costs of the Shared Fishing Day or Trip that you will share with the Crew. Otherwise, you will assume the risks of reclassification of the transaction made through the APP.

When you post an Ad, Tripulando will suggest a guide to assess the Amount of Shared Expenses, which mainly takes into account the nature of the Shared Fishing Day or Trip. These considerations are indicated only as a guide and you can increase or decrease it taking into account the real costs of the fishing day (fuel, bait, consumables, supplies). To avoid the abusive use of it, Tripulando offers these guidelines for a correct adjustment of the Shared Expenses.

5.2. MANAGEMENT COSTS

In exchange for the use of the APP, Tripulando may charge Management Fees related to registration for a Shared Fishing Day or Trip (hereinafter, the "Management Fees"). The user will be informed prior to any charge for such Management Fees, as applicable.

The current Management Fee calculation methods available here are provided for information purposes only and have no contractual value. Tripulando reserves the right to modify the Management Fee calculation methods at any time.

5.3. ROUNDING

You acknowledge and agree that Tripulando may, in its sole discretion, round up or down the Management Fees and the Shared Expense Amount.

5.4. METHODS OF PAYMENT AND REPAYMENT OF SHARED EXPENSES TO THE EMPLOYER

5.4.1. COLLECTION AUTHORIZATION

By using the APP as a Skipper for a Shared Fishing Day or Trip, you grant Tripulando authorization to collect the amount of Shared Expenses in your name and in your name.

Therefore, after requesting acceptance by “Signing Up” and proceeding to Pay Now, Tripulando charges the total amount paid by the Crew Member (Management Fees and Shared Expenses amount).

The amount of Shared Expenses received by Tripulando is deposited in an account dedicated to the payment of the Skippers. This amount corresponding to each Skipper will be transferred to his/her account and will be available within approximately 7 to 10 days.

You acknowledge and agree that none of the amounts mentioned received by Tripulando on behalf of the Skipper entitle you to the collection of interest. You agree to respond with due diligence to any request from Tripulando, and in general, to any competent administrative or judicial authority, especially in relation to the prevention of money laundering. Fundamentally, you agree to provide, upon request, any evidence of your address and/or identity that may be useful.

In the event of a lack of response to such requests, Tripuladon may take the measures it deems necessary, such as freezing the amounts paid and/or suspending your Account or terminating these GCU.

5.4.2. PAYMENT OF THE AMOUNT OF SHARED EXPENSES TO THE EMPLOYER

Once the Shared Fishing or Outing Day has finished, the Captain must inform of its completion. At this point, the Crew must consider the Shared Fishing or Outing Day as confirmed and finished.

From the moment of this express or tacit confirmation, you, as Skipper, will have a credit to be credited to your Account. This credit corresponds to the total amount paid by the Crew Member at the time of confirming the reservation after having subtracted the Management Fees, that is, the Amount of Shared Expenses paid by the Crew Member.

When the Shared Fishing or Tour Day is over, you, as the Skipper, have the obligation to inform the Crew about the end of the day and provide instructions to the Crew to pay the money into your bank account (by entering your bank information in advance in your Account).

The payment order in your name will be sent on the first business day after your request or, if you do not make such a request, within 1 business day after the amounts in question are delivered to your profile (provided that Tripulando has your banking information).

Once the applicable time limit periods have expired, any unclaimed amounts will be considered Tripulando's own.

6. NON-COMMERCIAL AND NON-BUSINESS PURPOSE OF THE SERVICES AND THE APP

You agree to use the Services and the “Tripulando” APP only to contact, for non-commercial and non-business purposes, people who wish to share a Shared Fishing Day or Trip with you.

As Skipper, you agree not to request a Shared Expense Amount greater than the actual costs of the day and that may generate a profit for you, specifying that, in the context of sharing a cost, you have to assume as Skipper your own share of the costs incurred during the fishing day since you are part of the day as another Crew Member. You are the only one responsible for calculating the costs incurred during the Shared Fishing Day or Trip and ensuring that the amount requested from your Crew Members does not exceed the actual costs of the day (excluding your corresponding share of the costs).

Tripulando reserves the right to suspend your Account if you use a skippered charter boat or other commercial boat, or company boat for the purpose of generating profit through the APP. Remember to provide Tripulando, if requested, with a copy of your boat's registration certificate, and any other information that proves that you are authorized to use the boat in question in the APP, and that you are not obtaining any profit from its use.

Tripulando also reserves the right to suspend your Account, limit your access to the Services or terminate these GCU in the event that your activity in the APP, given the nature of the Shared Fishing or Tour Days offered, your frequency, the number of Crew members transported and the Amount of Shared Expenses requested, leads you to a position in which you generate profit, or for any other reason that suggests to Tripulando that you are generating profit through the APP.

7. CANCELLATION POLICY

7.1. CANCELLATION OF A SHARED FISHING DAY

Both Skippers and Crew members may cancel a Shared Fishing Day or Trip at any time, and Tripulando does not offer any guarantee in the event of cancellation for any reason by a Skipper or Crew member.

The cancellation of a place on a Shared Fishing Day or Trip by the Skipper or Crew Member once the “Registration” has been accepted will be subject to the following:

Cancellation by the Employer:

1.- In the event that the cancellation is made by the Skipper, the Crew Member will be reimbursed the total amount paid (i.e. the Amount of Shared Expenses and the related Management Expenses), except for his/her corresponding share as a Crew Member, from which the Management Expenses will be deducted. This is mainly the case in which the Skipper cancels the Shared Fishing Day or Trip, or does not arrive at the meeting point within 15 minutes after the agreed time, without having informed us 48 hours in advance. In this case, the Skipper must pay his/her proportional share of the Management Expenses generated in the corresponding operation, since he/she is considered to be one more Crew Member who has not cancelled his/her registration 48 hours in advance.

2.- In the event that the cancellation made by the Skipper is due to “Force Majeure” (bad weather, illness that prevents him from steering the boat or any other cause that puts the Crew at risk), he must prove it and publish another shared day with a date after the Shared Fishing Day or Trip that was aborted. In this case, the Skipper must not pay his proportional share of the Management Expenses generated in the corresponding operation, since it is a situation conditioned by “Force Majeure”.

Cancellation by Crew Member:

1.- If the Crew Member cancels more than 48 hours before the scheduled Start time of the shared day mentioned in the Advertisement, the Crew Member will only be reimbursed the Shared Expenses Amount. The Management Expenses will remain with the Crew Member and the Captain will not be entitled to receive any sum of any kind;

2.- If the Crew Member cancels less than 48 hours before the Start Time of the Shared Fishing Day or Trip, the Crew Member will not receive any refund, the total amount of Shared Expenses and Management Expenses will remain with the Crew Member and the Captain will not have the right to receive any sum of any kind;

3.- If the Crew Member cancels after the scheduled Start time of the Shared Fishing Day or Trip shown in the Advertisement, or if he/she has not arrived at the meeting point within a period of 15 minutes after the agreed time, he/she will not be entitled to any refund of either the Shared Expenses or the Management Expenses.

In the event that the cancellation occurs before the Start date of the Shared Fishing or Outing Day and for reasons attributable to the Crew Member, the Free Space(s) cancelled by the Crew Member(s) will automatically be made available to other Crew Members, who may reserve them online, under the conditions of these GCU.

Tripulando will assess, at its discretion and based on the information available, the legitimacy of refund requests.

7.2. RIGHT OF WITHDRAWAL

In accordance with the provisions of Article 103 a) of the General Law for the Defense of Consumers and Users, you will not have the right to withdraw from the moment of delivery of the Registration Confirmation, provided that the Contract between you and Tripulando, consisting of contacting another User, has been fully executed.

8. BEHAVIOR OF PEOPLE WHO VISIT THE APP AND ITS USERS

8.1. COMMITMENT OF ALL PEOPLE WHO VISIT THE APP

You acknowledge that you are solely responsible for complying with all laws, regulations and obligations applicable to your use of the APP.

Furthermore, by using the APP and during the Shared Fishing or Walking Days, you agree to:

(a) Not to use the APP for professional, commercial or profit-making purposes;

(b) Not to send Tripulando (especially when creating or updating your Account) or other APP Users false, confusing, malicious or fraudulent information;

(c) Not to speak or behave, or publish any content on the APP that may be defamatory, libelous, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, of a racist or xenophobic nature, that has sexual connotations, incites violence, discrimination or hatred, or that encourages activities or the use of illegal substances or more generally that is contrary to the objectives of the APP and that may infringe the rights of Tripulando or a third party, or that may be contrary to good customs;

(d) Not to infringe the rights and not to damage the image of Tripulando, especially with regard to its intellectual property rights;

(e) Not to open more than one Account in the APP and not to open an Account on behalf of a third party;

(f) Not to attempt to circumvent the APP's online Registration system, mainly by attempting to send your contact information to another User to carry out the Registration outside of the App with the aim of avoiding payment of the Management Fees;

(g) Not to contact another User, through the APP, for any purpose other than defining the conditions of the shared trip;

(h) Do not accept or make payment outside the APP;

and

(i) Comply with these GCU and the Privacy Policy.

8.2. EMPLOYERS' COMMITMENTS

When you use the APP as a Patron, you agree to:

(a) Comply with all laws, regulations and codes regarding the skippering or driving of the vessel, especially having civil liability insurance in force at the time of the Shared Fishing Day or Trip, and being in possession of a valid and up-to-date qualification to skipper the vessel;

(b) Check that your insurance policy covers shared trips and that the Crew Members with whom you share the Shared Fishing Day or Trip are considered third parties on your boat and, therefore, are covered by your insurance;

(c) Not to take any risks while riding or driving, nor take any product that may negatively affect your attention and your ability to ride or drive attentively and completely safely;

(d) Publish Announcements that correspond only to the Shared Fishing Day or Trip already scheduled;

(e) Carry out the Shared Fishing or Outing Day according to the description in the Announcement (especially with respect to using the indicated strategies and materials) and respect the times and places agreed with the other Users (especially the Meeting Point and the Destination Place);

(f) Not to carry more Crew Members than the number of Places Authorized in the Vessel's Technical Sheet;

(g) Use a vessel in good condition and that complies with all legal regulations, especially with the valid ITB Certificate and all necessary and updated safety material for the corresponding authorized Navigation Zone, in which we carry out our Shared Fishing Day or Trip;

(h) You must share with the Crew Member or any Crew Member who requests it your corresponding Qualification, the Certificate of Navigability, the Technical Sheet of the Vessel, your Insurance Policy, the updated ITB Certificate and any other document that demonstrates your ability to use the vessel as Skipper in the APP;

(i) In the event of a delay or change in the time or in the Shared Fishing or Trip Day itself, inform your Crew without delay;

(j) In the case of a Cross-Border Journey, maintain and have available for the Crew Member and for any authority that requests it, a valid document proving your identity and your right to cross the border;

(k) Wait for the Crew at the agreed meeting point at least 15 minutes after the agreed time;

(l) Not to post any Advertisement relating to a vessel that is not yours or for which you do not have permission to use as a shared transport;

(ll) You must ensure that Crew Members can contact you at the phone number registered in your profile

(m) Not generate any benefit through the APP;

(n) Not have any contraindication or medical incapacity to drive or pilot;

(ñ) Share the total catches resulting from the Shared Fishing Day or Trip.

(o) Behave appropriately and responsibly during the Shared Fishing or Outing Day, in accordance with the philosophy of shared fishing or outing.

8.3. CREW COMMITMENTS

When you use the APP as a Crew Member, you agree to:

(a) Adopt appropriate behavior during the Shared Fishing Day or Trip so as not to interrupt the concentration or the skippering of the boat, nor the peace and tranquility of the rest of the Crew;

(b) Respect the Skipper's boat and its cleanliness;

(d) Pay the Skipper the Shared Expenses Amount agreed upon through Tripulando;

(e) Wait for the Skipper at the agreed meeting point, at least until 15 minutes after the agreed time;

(f) Communicate to Tripulando, or to any Skipper who requests it, your identity document or any other document that proves your identity;

(g) Not to transport during a Shared Fishing or Trip any article, substance or animal that may distract the Captain's concentration and driving, or whose nature, possession or transport is illegal;

(h) In the case of a cross-border Journey, maintain and have available to the Employer and to any authority upon request, a valid document proving your identity and your right to cross the border;

(i) Ensure that Employers can contact you at the telephone number registered in your profile, including at the meeting point.

(j) Assist the skipper in cleaning the boat until it is restored or returned to its original state of cleanliness, equivalent to that which it had at the beginning of the Shared Fishing or Outing Day.

In the event that you have made a reservation for one or more Places on behalf of third parties, in accordance with the provisions of Article 4.2.3 above, you guarantee that said third party will comply with the conditions established in said Article and, in general, with these GCU. Tripulando reserves the right to suspend your Account, limit your access to the Services or terminate these GCU in the event of non-compliance by the third party on whose behalf you have reserved the Place in accordance with these GCU.

9. ACCOUNT SUSPENSION, ACCESS LIMITATION AND TERMINATION

You can terminate your contractual relationship with Tripulando at any time, free of charge and without having to explain the reason. To do so, simply go to the “Delete account” tab on your Profile page.

In the event of (a) Your breach of these GCU, including, but not limited to, your breach of your obligations as a User as set out in Articles 6 and 8 above, (b) Your exceeding the limit set out above in Article 4.3.3, or (c) in the event that Tripulando has any real reason to believe that it is necessary to protect its security and integrity, that of Users or third parties, or for the purposes of fraud prevention or investigations, Tripulando reserves the right to:

(a) Terminate the GCU that binds you to Tripulando immediately and without prior notice; and/or

(b) Prevent the publication of, or remove any opinion, Advertisement, message, content, Registration Request or any content that you have posted on the APP; and/or

(d) Temporarily or permanently suspend your Account.

When such termination is necessary, you will be notified of this decision so that you can present your explanations to Tripulando. Tripulando will decide, at its discretion, whether or not to lift the termination applied.

10. PERSONAL DATA

In the context of your use of the APP, Tripulando collects and processes your personal information. By using the APP and registering as a User, you acknowledge and agree to the processing of your personal data by Tripulando in accordance with applicable law and the provisions of the Privacy Policy.

11. INTELLECTUAL PROPERTY

11.1. CONTENT PUBLISHED BY TRIPULANDO

Subject to the content provided by its Users, Tripulando is the sole owner of all intellectual property rights related to the Service, the APP, its content (specifically the texts, images, designs, logos, videos, sound, data and graphics) and the software and databases that ensure its operation.

Tripuladon grants you a personal, non-exclusive and non-transferable right to use the APP and the Services, for your personal and private use, for a non-commercial purpose and in accordance with the purpose of the APP and the Services.

It is strictly prohibited to use or exploit the APP and the Services, including its content, for any purpose other than that intended without prior written consent from Tripulando. Specifically, the following is strictly prohibited:

(a) Reproduce, modify, adapt, distribute, publicly perform and disseminate the APP, the Services and all of its content, except with the express prior authorization of Tripulando;

(b) Decompile and reverse engineer the APP or the Services, except as provided in the applicable texts;

(c) Extract or attempt to extract (in particular by using data mining robots or similar data gathering tools) any substantial portion of the data from the APP.

11.2. CONTENT PUBLISHED BY THE APP USER

In order to enable the provision of the Services, and in compliance with the purpose of the APP, you grant Tripulando a non-exclusive license to use the content and data you have provided in the context of the use of the Services (hereinafter referred to as the “User-Developed Content”). In order to enable Tripulando to distribute via the digital network and in compliance with any communication protocol (in particular the Internet and mobile networks) and to be able to offer the content of the APP to the public, you authorize Tripulando to reproduce, represent, adapt and translate your User-Developed Content worldwide and for the entire duration of your contractual relations with Tripulando, in accordance with the following:

(a) You authorize Tripulando to reproduce all or part of your User-developed Content on any digital recording medium, known or unknown, in particular on any server, hard drive, memory card or other equivalent medium, in any format and by means of any process, known or unknown, to the extent necessary for any storage, backup, transmission or download operation related to the operation of the APP and the provision of the Service;

(b) You authorize Tripulando to adapt and translate your User-Developed Content, and to reproduce such adaptations in any digital media, known or unknown, set forth in point (a) above, for the purpose of providing the Services in different languages. This right includes the option to make modifications to the format of your User-Developed Content, with respect to your moral right, in order to respect the graphic design of the APP or to make your Content technically compatible with our software for subsequent publication through the APP.

12. CREW FUNCTION

Tripulando is an online network mobility platform, in which Users can create and publish Announcements for Shared Fishing or Walking Days, with the aim of sharing the costs associated with the Shared Fishing or Walking Days (Shared Expenses). These Announcements will be viewed by other Users to check the variety of options offered in the different shared fishing or walking days, and, when they accept them, register by directly occupying a Free Place on the boat in question, with the User (Skipper) who previously published the Announcement in the APP (Tripulando).

By using the APP and accepting these GCU, you acknowledge that Tripulando is not a party to (a) any agreement formalized between you and other Users for the purpose of sharing the costs related to a Shared Fishing Day or Boat Sharing Trip.

Tripulando has no control over the behavior of its Users and the users of the APP, does not own, operate, supply or manage the vessel included in the Advertisements, and does not offer Fishing Trips and Shared Rides in the APP.

You acknowledge and agree that Tripulando does not control the validity, veracity or legality of the Advertisements, Spaces and Shared Fishing or Walking Days offered. In its capacity as intermediary, Tripulando does not offer transportation service nor act as a carrier; Tripulando's function is limited to facilitating access to the APP.

Users (Skipper or crew member) act under their sole and total responsibility.

13. OPERATION, AVAILABILITY AND FUNCTIONALITIES OF THE APP

Tripuladon will try to keep the APP running 24 hours a day, 7 days a week. However, access to the APP may be temporarily suspended without prior notice for technical reasons, maintenance, migration or update operations, or due to power outages or restrictions related to network operation.

Furthermore, Tripuladon reserves the right to modify or suspend, in whole or in part, access to the APP or its functionalities, at its discretion, either temporarily or permanently.

14. MODIFICATION OF THE GCU

These GCU form the entire agreement between you and Tripulando in relation to the use of the Services. Any other documents mentioned in the APP (FAQs, Blog, for example) are for indicative purposes only.

Tripuladon may modify these GCU to adapt them to its technological and commercial environment and to comply with current legislation. Any modification made to the GCU will be published in the APP indicating the date of entry into force, and you will receive notification of said change before it comes into force.

15. APPLICABLE LAW - DISPUTES

These GCU have been drafted in Spanish, in accordance with Spanish legislation.

If necessary, you may also submit your complaints regarding our APP or Services to the European Commission's online dispute resolution APP, which you can access from the following link. The European Commission will forward your complaint to the competent national body. In compliance with the legislation applicable to arbitration, you are obliged to notify Tripulando in writing of any complaint or dispute before requesting arbitration with the aim of obtaining an amicable solution.