WEB LEGAL NOTICE AND BOOKING CONDITIONS
LEGAL NOTICE WEB
www.andaluciaexperiences.com
In compliance with the provisions of Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), the following legal aspects are reported:
OWNERSHIP OF THE WEBSITE
Website Owner:
EDUTRAVEL CONSULTORES SL –
CIF B91843318 – EDUTRAVEL CONSULTORES SL
Address: Calle Adriano, 33 2ºA. 41001,
SEVILLA (Seville), Spain
Contact: Tel. 955433034 – 637 822 722
Email: Viajes@grupoedutravel.com
Commercial register or administrative authorization: No. 417111-3
Activity: WHOLESALE-RETAIL TRAVEL AGENCY
GENERAL CONDITIONS OF USE
The web portal http://www.andaluciaexperiences.com aims to provide the general public with knowledge of the activities that this organization carries out and the products and services it provides for the development of its activity.
The use of any of the functionalities of the website implies the express and full acceptance of the conditions set forth herein, without prejudice to those that may apply to some of the specific services offered through the website.
The owner of the website reserves the right to make, at any time and without prior notice, modifications and updates to the information contained on its website or its configuration and presentation.
In order to keep the information published on the Web portal up to date, its contents may be modified, corrected, deleted or added at any time, so it will be advisable to check their validity or accuracy by going to official sources.
INTELLECTUAL AND INDUSTRIAL PROPERTY AND FRAMES
All the elements that make up the website, as well as its structure, design, source code, as well as the logos, trademarks and other distinctive signs that appear on it, are
owned by EDUTRAVEL CONSULTORES SL, EDUTRAVEL CONSULTORES SL or their collaborators and are protected by the corresponding intellectual and industrial property rights.
Likewise, the images and other graphic elements contained in the web site are protected by the corresponding intellectual and industrial property rights.
The owner of the website expressly prohibits the performance of "framing" or the use by third parties of any other mechanisms that alter the design, original configuration or content of our website.
The use of the contents must respect its particular license. In such a way its use, reproduction, distribution, public communication, transformation or any other similar or analogous activity, is totally prohibited unless there is previous and express authorization of the owner of the Web site EDUTRAVEL CONSULTORES SL.
Only the total or partial reproduction of the texts and contents provided by the web site is authorized, as long as each and every one of the following conditions are met:
– The integrity of the contents, documents or graphics is maintained
– The owner of the website is expressly cited as the source and origin of the information.
– The purpose and aim of such use is compatible with the purposes of the Web and / or activity of the owner of the website.
– No commercial use is intended, being expressly prohibited its distribution, public communication, transformation or decompilation
Any other use must be communicated and authorized by the owner of the website, previously and expressly.
With regard to the quoting of products and services of third parties, the owner of the website recognizes in favor of its owners the corresponding rights of industrial and intellectual property, not implying their mere mention or appearance on the Web the existence of rights or any responsibility for them, nor support, sponsorship or recommendation.
The holder of the Web site declares his respect to the rights of intellectual and industrial property of third; for that reason, if it considers that our Web site could be violating his rights, we requested is put in contact with the holder of the Web site.
RESPONSIBILITY
The holder of the Web site does not guarantee the nonexistence of errors in the access to the Web, in his content, nor that this one is updated, although the holder of the Web site will develop his better efforts to, in his case, to avoid them, to correct them or to update them.
Both access to the website, and the use that may be made of the information contained therein is the sole responsibility of the user.
The owner of the website is not responsible for the information and content stored, by way of example but not limited to, in forums, chats, blogs, comments, social networks or any other means that allow third parties to publish content independently on the website http://www.andaluciaexperiencias.com
However, and in compliance with the provisions of the LSSI, the owner of the website is available to all users, authorities and security forces, and actively collaborating in the withdrawal or, where appropriate, blocking of all content that may affect or contravene national or international legislation, the rights of third parties or morality and public order. If the user considers that there is any content on the website that could be susceptible to this classification, please contact the owner of the website.
The owner of the website is not responsible for the replies made through the various email addresses that appear on its website, so in no case may derive binding legal effect from them.
LINKS OR HYPERLINKS
The links contained on our website may lead to third party web content. The purpose of these links is solely to facilitate your search for resources that may be of interest to you on the Internet. However, these pages do not belong to the owner of the website, nor does it review its contents and, therefore, the owner of the website assumes no responsibility for the content, information or services that may appear on these sites, which will be exclusively informative and in no case imply any relationship between the owner of the website and the persons or entities that own such content or owners of other sites where they are. Nor can the owner of the website be held responsible for the operation of the linked page or for any possible damage that may result from access to or use of the same.
The links to the website http://www.andaluciaexperiencias.com must respect the following conditions:
– The establishment of the link does not imply any type of agreement, contract, sponsorship or recommendation by EDUTRAVEL CONSULTORES SL of the page that makes the link.
– The web page in which the hyperlink is established will not contain information with contents that are illicit, discriminatory, contrary to commonly accepted ethical principles or against public order, nor will it contain contents contrary to any rights of third parties.
– The owner of the website may request the removal of a link to its website, without the need to allege any cause. In this case, the page that has made the link must proceed to its immediate removal, as soon as it receives notification from the owner of the website.
– It is not responsible in any way nor does it guarantee the clarity, accuracy, reliability, correctness or morality of the content or services that the establishment of the hyperlink may offer. The user assumes under his sole responsibility the consequences, damages or actions that may arise from access to the page
Hyperlink website.
– The web page in which the hyperlink is established may not contain any brand, name, logo, slogan or other distinctive signs belonging to the owner of the website except those signs that are part of the same hyperlink.
PROTECTION OF PERSONAL DATA
For those cases in which personal data is collected, processed or stored, it will be done in accordance with the Privacy Policy published on the Website and which can be consulted at the footer of the website.
APPLICABLE LAW AND JURISDICTION
The applicable law in case of dispute or conflict of interpretation of the terms that make up this Legal Notice, as well as any issue related to the services of this Portal, will be Spanish law.
For the resolution of any conflict that may arise from the visit to the website or the use of the services it may offer, the owner of the website and the user agree to submit to the judges and courts of the user’s home, provided that it is located in Spanish territory and acts as a consumer. Otherwise, the submission will be to the courts and tribunals of the city of Seville, Spain.
BOOKING TERMS
The following terms and conditions regulate the access and use of the URL address www.andaluciaexperiencias.com (hereinafter WEBSITE) owned by Edutravel Consultores, S.L.
IDENTIFICATION OF THE PARTIES
On the one hand, Edutravel Consultores, S.L. with registered office at Calle Adriano 33 2ºA in Seville, with C.I.F. number B91843318 e-mail address booking@andaluciaexperiencias.com and registration number 417111-3 as a Wholesaler-Retailer travel agency. The administrators are MANUEL PÉREZ SERRADILLA with ID 28493266-S and JAVIER DÍAZ-AMBRONA CARRIZOSA with ID 30801993-W. Andalusia Experiences is a registered trademark of Edutravel Consultores S.L.
And, on the other hand, the physical person, from now on USER, who accesses the page to get information and to contract the services offered through the WEBSITE. The User declares that he or she is of legal age (over 18 years of age) and has the legal capacity to acquire the services offered through the WEBSITE and to use it in accordance with the general conditions detailed below, which he or she expressly declares to understand and accept. In the event that a minor contracts the service, Edutravel Consultores, S.L. will not be responsible in any way, and the minor, parents or guardians will be responsible for any costs that may arise.
GENERAL TERMS AND CONDITIONS
WEBSITE ACCESS
The screens of the WEBSITE support the following browsers: Chrome, Firefox, Internet Explorer 10 and 11, Safari and Opera. Edutravel Consultores, S.L. is not responsible for the results obtained by using a different browser or operating system.
The USERS who access the WEBSITE by means of devices with reduced format screens, declare that they have previously accessed the site by means of a device with one of the browsers indicated in the previous paragraph and that they have consulted the conditions of the website and all the notices made available to the recipient without any type of restriction due to the characteristics of the device with which the reservation is formalised.
The USER can freely access the WEBSITE
The USER declares that all the information provided by him/her when making reservations is true and complete, committing him/herself to keep it updated in the successive uses he/she may make of the services offered on the WEBSITE.
CONTENTS AND RESPONSIBILITY
Edutravel Consultores, S.L. operates the WEBSITE and, in particular, offers and, where appropriate, provides the contents, products and services to the USER visiting the WEBSITE on behalf of other tour operators. In this sense, Edutravel Consultores, S.L. has simply included the service in the WEBSITE. Unless explicitly stated, under no circumstances may it be understood that Edutravel Consultores, S.L. offers directly combined trips, hotel and bus reservations, and tourist or similar services.
The purchase of products/services through the WEBSITE signifies the acceptance by the USER of (i) these general conditions, (ii) the specific conditions applicable to the type of product/service to be contracted and (iii) the conditions of the supplier of the product/service.
The USER agrees to accept and respect the terms and conditions of purchase established by the supplier with whom the reservation is formalized. Such conditions may include payment of any amounts due and compliance with any rules and restrictions on the availability of rates, products or services.
The USER must know that the contracting of the combined trips is governed by the dispositions of Book IV of the Royal Legislative Decree 1/2007, of November 16, by which the rewritten text of the General Law for the Defence of the Consumers and Users and other complementary laws is approved, and to the specific conditions agreed with the USER according to the organizer/wholesaler that organizes the combined trip, being Edutravel Consultores, S.L. the retail travel agency.
The suppliers of products or services and the organisers/wholesalers who organise the package tour, each within the scope of their respective obligations, will be responsible to the USER for the fulfilment of the obligations derived from the regulations in force and the conditions of sale of each of the products and services or package tours that are contracted, without Edutravel Consultores, S.L. assuming any obligation or responsibility for those products or services that it does not directly provide.
HOW TO BUY
The USER is informed that there is a section on the WEBSITE called "Pagos on-line", through which he can carry out the transaction safely.
On the WEBSITE the reservation can be made in Spanish. Most of the fields are free, so the WEBSITE does not have the means to identify and correct errors in the introduction of data, for this reason it will be the responsibility of the USER any error made when introducing such data.
The document in which the contract is formalized by which the client acquires any tourist product or service through the WEBSITE will be sent to the USER by e-mail. In this e-mail, the USER will be given information regarding the products and/or services contracted, all the indications regarding the form of payment and other useful information such as date of reservation, time and place of meeting, if applicable.
Likewise, the document will be filed by Edutravel Consultores, S.L..
The purchase of any product will only be effective at the moment in which Edutravel Consultores, S.L. validly makes the charge, and may be cancelled by Edutravel Consultores, S.L. until that moment.
The payment method available is:
PAYMENT BY CREDIT OR DEBIT CARD. In the case of debit cards, the amount charged is automatically withdrawn from the associated account. In the case of credit cards, the USER can withdraw money without having funds in the associated account, and the amount is normally charged at the beginning of the month following the purchase.
All transactions are made through a secure connection, and therefore the data travels encrypted. Edutravel Consultores, S.L., at no time registers, nor stores bank details of the clients, but this operation is carried out directly on the website of the bank.
Therefore, the information related to clients and transactions is private, confidential and safe.
The fact of requesting a reservation implies a commitment on the part of the client to authorize the charge for the full amount of the product, service or package contracted.
The prices indicated on the website are inclusive of VAT.
RIGHT OF WITHDRAWAL
It is the power of the user to terminate a contract in certain cases without having to justify his decision or assume any penalty.
By virtue of article 103 section l) of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the right of withdrawal will not be applicable to contracts that refer to the provision of accommodation services for purposes other than that of serving as housing, transport of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.
As regards the transport of persons, according to Article 93 k) of Royal Legislative Decree 1/2007 approving the Revised Text of the General Law for the Defence of Consumers and Users, the regulation of distance sales (with the exception of Article 98.2) does not apply to contracts for passenger transport services. Therefore, the following does not apply to reservations of passenger transport services
right of withdrawal. In this way, in the event that the USER expresses his/her wish to cancel the contracted tickets, the cancellation conditions of the company in question will be applicable.
With regard to package tours, Article 160 of the same legal text states that the USER may at any time cancel the services requested or contracted, having the right to a refund of the amounts paid, but must compensate the organizer or the retailer in the following amounts, unless such resolution takes place due to force majeure: Pay management costs, cancellation fees, if any, and a penalty consisting of 5 percent of the total cost of the trip, if the cancellation occurs more than ten and less than fifteen days before the date of commencement of the trip, 15 percent between days three and ten, and 25 percent within seventy-two hours to
48 hours prior to departure and the full amount if cancelled between 42 hours and the start time of the contracted service.
If you do not show up at the departure, the consumer and user is obliged to pay the total amount of the trip.
In the event that the package is subject to special economic conditions of contract, the cancellation costs will be established in accordance with the conditions agreed between the parties.
INTELLECTUAL PROPERTY RIGHTS
The entirety of this WEBSITE: text, images, brands, graphics, logos, buttons, software files, colour combinations, as well as the structure, selection, order and presentation of its contents, is the property of Edutravel Consultores, S.L. and its reproduction, distribution, public communication and transformation is prohibited. It is also forbidden to reproduce, retransmit, copy, cede or broadcast, in whole or in part, the information contained in these pages, whatever the purpose and the means used to do so.
The Users will use the WEBSITE only and exclusively for private and particular use.
Users may not copy, reproduce, transmit or distribute in any way the content of this WEBSITE or the services that can be obtained through it, without the written permission of Edutravel Consultores, S.L.
Users may not establish links to web pages in the WEBSITE without the written consent of Edutravel Consultores, S.L.
Edutravel Consultores, S.L. will not be responsible, directly or subsidiarily, for The infringement by the USER of the intellectual and industrial property rights, of the rights to honour, personal and family privacy and image of persons (photographs), of the property rights and of any other nature belonging to a third party as a consequence of the transmission, diffusion, storage, provision, reception, obtaining or access to the contents.
The links and hypertext that enable the USER to access services offered by third parties through the WEBSITE do not belong to and are not under the control of Edutravel Consultores, S.L.; it shall not be responsible for the information contained therein or for any effects that may derive from such information.
European Consumer Legislation
We inform you that the European Commission has created the first European platform for the resolution of conflicts in the on-line commerce under the last General Law for the Defence of Consumers and Users. In this sense, as responsible for an online sales platform, we have the duty to inform our users about the existence of an online platform for alternative dispute resolution.
To use the conflict resolution platform, the user must use the following link http://ec.europa.eu/odr
GENERAL INFO
The portal reserves the right to modify, limit or cancel the terms and conditions applicable to the aforementioned WEBSITE. In any case, the conditions that were in force when the client formalized the reservation, or the subsequent ones if they were more favorable to the interests of the consumer, will be applicable.
Edutravel Consultores, S.L. reserves the right to deny or withdraw access to the WEBSITE and/or the Services, at any time and without prior notice to those USERS who fail to comply with these General Conditions.
The present conditions are subject to Spanish legislation. The courts of Seville shall be competent to hear any dispute arising from these conditions, except that, in accordance with the provisions of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users, the other party is a consumer or user, in which case the courts of the consumer’s home will be competent.