Terms & Conditions

1. Definitions

1.1. Epix Fishing is the intermediary, having its registered office in Amsterdam, the Netherlands, listed in the commercial register of the Chamber of Commerce under file number 83171320. Websites of Epix Fishing are: balearicfishinglicence.com, spanien-angelschein.de, permisdepeche-espagne.fr and visvergunningspanje.nl.

1.2. The Client is the legal entity or natural person with whom Epix Fishing enters into an agreement to act as an intermediary to obtain a Licence from a Third Party in name of the Client.

1.3. The Intermediary Agreement is a contract for services, based on which Epix Fishing binds itself towards the Client, against payment of a commission, to act as an intermediary in obtaining a Licence on behalf of the Client, which Licence is obtained in name of the Client and from a Third Party.

1.4. The Licence is the permission given by the ministry of fisheries belonging to the government of the Balearic Islands (Spain) to the Client to fish along the Spanish coast line and exercise all the rights under that Licence.

1.5. The Third Party is the ministry of fisheries belonging to the government of the Balearic Islands (Spain).

2. Scope of General Terms and Conditions

2.1. These general terms and conditions will apply to all agreements, offers, quotations and other (legal) acts of Epix Fishing. The applicability of any terms and conditions of the Client is explicitly excluded.

2.2. In case of divergence between any of the provisions in these terms and conditions and the contents of the Intermediary Agreement, the contents of the Intermediary Agreement will prevail.

2.3. Unless agreed otherwise in writing, these general terms and conditions will apply to all new or supplementary Intermediary Agreements that may be concluded between the Client and Epix Fishing.

3. Services of Epix Fishing

3.1. Epix Fishing acts as an intermediary between the Client and the Third Party. Epix Fishing is entitled apply for a Licence with the Third Party in the name and for the account of the Client.

3.2. Unless agreed otherwise, The Intermediary Agreement includes only the following services:  Epix Fishing binds itself towards the Client, against payment of a commission, to act as an intermediary in obtaining a Licence on behalf of the Client, which Licence is obtained in name of the Client and from a Third Party.

3.3. Epix Fishing is bound by a best-efforts obligation and not by an obligation of result. Epix Fishing is not responsible for compliance or non-compliance with the Licence and the associated or related rules.

3.4. Epix Fishing acts as an intermediary for the benefit of the Client only. Third parties cannot derive any rights from the Intermediary Agreement or the activities performed by Epix Fishing in that connection.

4. Provision of Information

4.1. The Client is obliged to provide Epix Fishing at its own initiative with all information, documents and data necessary for the correct and proper performance of the intermediary services. The Client guarantees the correctness of this information, these documents and these data.

4.2. All information, documents, data and calculations supplied by Epix Fishing, are for information purposes only and non-binding. Epix Fishing does not guarantee the correctness of this information, these documents, data and calculations. The Client itself is obliged to verify the correctness and accuracy of all information related to the License, such as, but not limited to, the minimum sizes of species, closed areas, closed seasons, prohibited species etc.

5. Duration and termination of the Intermediary Agreement

5.1. The Intermediary Agreement commences at the moment that the Client submits an application for obtaining a License via the Epix Fishing website (https://balearicfishinglicence.com), whereby the Client must provide the necessary personal data and make the necessary payment.

5.2. The Intermediary Agreement ends when the License has been obtained and sent to the Client or by withdrawal of the assignment by the Client (which is only possible as long as Epix Fishing has not yet performed any action to obtain the License or has incurred any costs to obtain the License) or by termination of the assignment by Epix Fishing for any reason.

5.3. The Intermediary Agreement can be terminated by each of the parties in case the other party fails in the performance of the obligations if such failure justifies termination and after the other party has been warned to remedy such failure within a reasonable term.

5.4. Due to the nature of the service we provide and the costs we incur for the license application, it is unfortunately not possible to cancel a licence / licence application and get a refund once we start to process your application for the licence. We process the applications received almost immediately and therefore incur costs directly. Therefore we have a no refunds policy once we have taken any action or incurred any costs to obtain your fishing licence.

6. Commission

6.1. The Client must pay to Epix Fishing the commission agreed when applying for a Licence.

6.2. If the Client withdraws the Intermediary Agreement before the conclusion of the agreement, without this being attributable to Epix Fishing, Epix Fishing can claim payment of costs already incurred by Epix Fishing. If the agreement is concluded after withdrawal, Epix Fishing will be entitled to the full amount of the commission.

7. Liability of Epix Fishing

7.1. Epix Fishing is never liable for the conclusion, performance, non-performance, breach of contract or cancellation of the Intermediary Agreement. The Client indemnifies Epix Fishing against all damages, costs and claims of third parties, in so far as these are related to the Intermediary Agreement or any ensuing legal and other acts.

7.2. Epix Fishing is never liable for the incorrectness or inaccuracy of information, documents, data, calculations or advice given by Epix Fishing to the Client, relating to the Licence.

7.3. The liability of Epix Fishing is in any case limited to the direct damage of the Client up to a maximum of the commission charged by Epix Fishing.

8. Confidentiality

Epix Fishing will treat confidentially and observe secrecy with regard to all information, documents and data exchanged between Epix Fishing and the Client. This information, documents and data will be used for no other purpose than the Intermediary Agreement.

9. Communication and non-competition

9.1. The Client will not have any direct contact with the Third Party for the duration of the Intermediary Agreement.

9.2. The Client or individuals and companies affiliated with the Client are not allowed to maintain competitive business relations with the Third Party during or after termination of the Intermediary Agreement.

10. Complaints

10.1. Complaints about a failure in the performance of Intermediary Agreement must be submitted to Epix Fishing as soon as possible, but in any case, within 24 hours after the Client has discovered the failure or should reasonably have discovered the failure, by e-mail.

10.2. After the lapse of this term, the Client will be expected to have approved of the service provision.

11. Applicable law and competent court

All disputes relating to the Intermediary Agreement and the activities performed by Epix Fishing are governed by Dutch law. These disputes will be settled by the competent district court in whose jurisdiction Epix Fishing is established.