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In compliance with Spanish Law 34/2002 concerning Services to the Society for Information and e-Commerce (LSSICE), the following information is provided:
Company registered by the Andalusian Tourism Board. Administrative Body responsible for Supervision and Control: The Office of General Management of Tourist Planning at the Department of Tourism, Commerce and Sports of the Andalusian regional government.
Online complaints forms available from: http://ws040.juntadeandalucia.es/portalconsumo
The reservation of any trip whose technical organization is undertaken by Desertia Travel S.L, Tour Operator Licence Nº 29-3003-3, V.A.T. Nº B-93037984, at Calle Concha Espina 12, 4º F Málaga 29004, implies complete acceptance of the following general conditions, deemed automatically incorporated into the contract without the need for their written inclusion there within.
A/ Applicable Legal Regulations
The contractual relation between Desertia Travel (henceforth known as the Organizing Agency) and the client is governed by the conditions appearing in the package holiday contract and the technical description detailing the final contents governed by the present general conditions, all of which has been drawn up in accordance with the Andalusian Regulations affecting travelling agencies (Decree 301/2002, 17th December) and the State laws on general contracting conditions (Law 7/1998, 13th April). The Organizing Agency adheres to the online complaints system:https://ws040.juntadeandalucia.es/portalconsumo .
A.1/ Supervisory Body
The Office of General Management of Tourist Planning at the Department of Tourism, Commerce and Sports of the Andalusian regional government.
B/ Travel Bookings
The booking of travel services and the subsequent consideration of firm commitment require prior payment by the client of 35% of the total amount quoted, except when suppliers impose financial conditions requiring pre-payment of a different amount. The remaining monies due shall be necessarily paid as and when required by the organizing Agency, and in any case 15 days before the due departure date, with non compliance leading to cancellation.
The information supplied in the technical dossier/offer that is initially proposed and also available at www.ibernature.es is of general character and must be considered as provisional. Significant modifications are not expected in contents above and beyond the availability of certain services for each specific departure.
The contract signed by the Organizing Agency and the client incorporates the technical dossier with final details regarding the route, flights and prices of the services included.
The price of the package trip includes those services thus defined in the technical dossier and any applicable VAT, and is understood to be valid for the published time periods. It does not include visas, taxes, vaccination certificates and other costs, nor does it include any services not specified as “included”.
Prices are based on transport costs (including the cost of fuel), exchange rates and taxes applicable on 30th September 2013. Any changes in the cost of these components may lead to increases in the final price of the trip. Special events, local or national holidays could affect the final price of the reservation. These modifications shall be presented to the client who, should they represent an increase of more 15% of the cost of the trip, may cancel without penalty or accept the amendment to the contract. Under no circumstances may prices be increased less than 15 days prior to departure in respect to those requests already made and confirmed.
D/ Travel Alterations and Modifications on the Part of the Organizing Agency
Should the Organizing Agency be forced to make substantial modifications to the trip prior to departure, it shall notify the client in writing, offering the option of cancelling the reservation of the contract or accepting the modifications to the initially contracted trip.
Should the Organizing Agency be unable to fulfill any one of the agreed services, either prior to departure or during the trip, it shall offer a complete refund for the service(s) or substitution by others with similar characteristics.
All undelivered services shall be refunded upon the return of the clients, and following presentation of the corresponding documentation issued by the person/company considered responsible. No refunds shall be made for services not used by the client of their own free will, independently of the reasons.
Adequate motives for trip alterations are those of “force majeure” (circumstances that are either beyond the Organizing Agency’s control, abnormal or unforseeable) or of adaptation of the route to a specific transportation/flight plan.
E/ Responsibility of the Organizing Agency
The Organizing Agency is responsible for any consequences arising from the non fulfillment of the contract concerning the services supplied within the package trip.It shall however be absolved of responsibility in cases of force majeure (circumstances either beyond control, abnormal or unforeseeable, including adverse weather conditions) or any other occurrence that neither the Organizing Agency nor its suppliers could avoid, even having acted with the required due diligence. It shall also be absolved from any responsibility directly attributable to the client or to a third party.
Claims involving air transport incidents (boarding refusal for any reason, flight cancellations, changes or delays; baggage loss, delay or damage etc.) must necessarily be made by the client whose passenger rights are affected, at the airport where they occur. Accommodation, transport, living costs, repatriation or other expenses arising from the afore-mentioned incidents are not the responsibility of the Organizing Agency.
Should any accidents occur during the trip in vehicles rented by or belonging to the Organizing Agency, passengers expressly accept the accident legislation in force in the country where the said vehicles are registered.
F/ Cancellations on the Part of the Organizing Agency – Minimum Group Numbers and “Force Majeure”
Should the departure of a trip be subject to a minimum number of participants, a condition clearly stated beforehand, the Organizing Agency reserves the right to cancel the departure should the minimum not be reached. Notification must be given at least 15 days before the due departure date.
Similarly, the Organizing Agency may likewise cancel a trip for reasons of “force majeure”, understood as circumstances out of the control of the party citing them, abnormal and unforeseeable, the consequences of which have been unavoidable in spite of having acted with due diligence.
In both cases, the client shall be refunded all amounts paid with the exception of management fees, although there shall be no recourse whatsoever to claim damages.
G/ Documentation, Visas and Health
All passengers booked on the trip are responsible for having the valid personal documentation required for entry and free travel throughout the country visited (passport, visas, health measures, travel insurance, etc.). Any information requested from the Organizing Agency is not binding, and it is the responsibility of clients to confirm with the relevant authorities. Unless expressly agreed with the Organizing Agency to the contrary, clients are required to obtain their own documentation.
Non Spanish citizens must contact with their respective Consulates and/or Embassies in order to be correctly informed about the visas and entry requirements for the countries to be visited, as well as to obtain the necessary documentation. Under 18 year olds must present a document authorizing travel, signed by both parents. Should incorrect documentation lead to the cancellation or abandonment of the trip, the Organizing Agency shall apply the conditions appearing in Paragraph I concerning cancellations.
Passenger baggage is not included in the land transport contract, since it is understood to be carried by travellers at all times independently of its exact location within any vehicle: the Organizing Agency shall not be held responsible for any damage or wear and tear to personal effects. Free transport is included of 1 or 2 pieces of luggage per person not exceeding 20kg. Air transport restrictions of companies regulated by IATA should be consulted on an individual basis.
I/ Partial/Complete Cancellations and/or Travel Modifications on the Part of the Client
Any client who unilaterally decides to relinquish those services requested or contracted has a legal right to the refund of the amounts paid, but must compensate the Organizing Agency under the following conditions:
1- Management fees (50€ minimum).
2- Cancellation fees (amounts paid to the different suppliers contracted for the trip). The said amounts may be significant as they include airline tickets, hotels, local agents etc. that may or not be refundable.
3 – Percentage forfeit based on the total amount, should the customer relinquish travel:
a/ 15 to 11 days before departure: 5%
b/ 10 to 3 days before departure: 15%
c/ less than 3 days before departure: 25%
d/ No-shows at the start of the contracted services without prior documented cancellation, or late-shows, shall result in the loss of the entire amount paid for the package trip. In any case, the financial consequences of cancellation where special contractual conditions exist (such as reduced cost transport or the financial demands of specific suppliers), shall be borne by the client, on the condition that he/she has been previously informed.
Once a trip is underway, should the client voluntarily request any changes in the services already contracted (e.g. additional nights, hotel or flight changes), the prices of the tourist services may not necessarily match those published in the information that led to the contractual agreement. Under such circumstances, transfers between hotels shall be the financial responsibility of the client, who shall likewise have to pay any management fees arising from the new reservations or the flight changes requested.
Should any of the services contracted and subsequently cancelled be subject to specific economic contractual conditions, for example, special rates, the cancellation charges applied for unilateral withdrawal are 100%.
J/ Unanticipated Return
If departure from the destination is required before the end of the contract for reasons of force majeure, the Organizing Agency is not required to return any monies paid.
K/ Alternative Travel Conditions / Remote Areas
Some trips may include remote areas, with limited or non-existent tourist infrastructures. Travelling in these areas requires flexibility and the acceptance of modifications that may be deemed necessary concerning the services initially foreseen. A certain capacity of adaptation to the unexpected is necessary, which may be more or less positive.
Travellers must be conscious of the fact that, under certain circumstances, rapid evacuation may be difficult, as may be adequate medical assistance.
The special characteristics of this type of alternative trip are understood and accepted by travellers, who expressly accept situations and changes arising from the same.
L/ Political, Safety and Health Situations in the Country of Destination
For political and safety issues, recommendations are based on information issued by the relevant Foreign Office.
For health issues (vaccinations and precautionary measures), recommendations are based on the relevant Health Ministry.
Following consultation of the relevant bodies, travellers are considered to be informed as to the political and social, security and health situation in the country of destination, and accept to abide by any requirements or recommendations thus freeing the Organizing Agency of any liability.
The Organizing Agency shall not be responsible for losses suffered by clients as a result of any offences committed during the trip and the stay abroad. This said, clients must inform the local authorities and local police force of the date, time and place of the occurrence.
N/ Claims and Legal Action Resulting from the Contract
1.The Package Trip Contract is governed by the agreement reached by both parties, by the clauses in General Conditions and by the legislation set out in Royal Decree 1/2007 dated 16th November.
2. Any possible claims made by consumers affecting the tour packaging, the non or deficient fulfilment of the contractual agreement, must be made in writing within 30 of the end of the trip. The Organizing Agency promises to reply with the adequate explanations.
3. With a view to simplifying the resolving of civil law claims and reduce costs to the client, as this would not require lawyers or prosecutors, the Organizing Agency recommends and is committed to direct or indirect representation at the Arbitration board of the Court of Arbitration belonging to the Chamber of Commerce and Industry for the resolution of any disputes, discrepancies or claims resulting from the carrying out or interpretation of the Contract.
4. The Organizing Agency is not a member of any arbitration system run by Consumer Societies.
5. Any administrative claims must be processed via the Office of General Management of Tourist Planning at the Department of Tourism, Commerce and Sports of the Andalusian regional government, the competent tourist organism in our case.
6. Any legal action deriving from the Package Trip Contract expires 2 years from the date of return with express submission to the jurisdiction of the legal, registered address.
The contracting parties expressly accept the jurisdiction of the Malaga Law Courts for the resolution of discrepancies and claims arising from the interpretation or the carrying out of the package travel contract and of the present general conditions, and waiver any other jurisdiction.
In any case, consent exists from the moment the offering party receives acceptance: likewise, following acceptance by the offered party, the latter may not ignore it without incurring in a lack of good faith. Should this happen, consent is understood to have been given at the locality from where the offer was made.
In accordance with Data Protection Organic Law 15/1999, dated 13th December, any personal information supplied shall be considered in the strictest confidentiality, and shall only be used for the administration and supplying of the contracted services. Desertia Travel shall not sell, cede, lease or pass on under any circumstances, personal client details or information to third parties.
The user assures that personal information given to Desertia Travel is correct, and is responsible for communicating any modification in the same. The user is solely responsible for any damages, legal or otherwise, direct or indirect, that could affect Desertia Travel or any other third party due to false, inexact, incomplete or outdated information.
CONDITIONS FOR USE OF THE WEB PAGE
The following legal stipulations regulate the permitted legal use of the URL http://www.ibernature.es , the legal responsibility of Desertia Travel S.L. (henceforth known as DESERTIA). These legal conditions regulate the access and use that the web owner places freely at the disposal of Internet users. Access to the same implies unreserved acceptance. The contracting of reservations, services or special offers shall be subject to the specific conditions as individually set out, and which are understood as accepted by the mere use of such services.
2.- Use of the Web Page
USERS must utilize the web site, services and contents in a diligent, correct and licit manner and, more specifically, is committed to NOT: 2/ Deleting, avoiding or manipulating the "copyright" plus other information identifying title holder rights included in the Contents, as well as technical protective or other information mechanisms found in the Contents. USERS are likewise required to take the necessary care to protect the secrecy of passwords supplied by IBERNATURE ANDALUSIA, and assume responsibility for the consequences of any financial damages resulting from a lack of diligence in the custody of the said passwords.
Access to and use of the web site is not permitted to minors without the express consent of parents. IBERNATURE ANDALUSIA shall not be held responsible for the correctness and exactness of information completed by USERS, and therefore cannot verify the age of the same. IBERNATURE ANDALUSIA reminds adult USERS who are responsible for minors that it is their exclusive responsibility to decide which services or contents are appropriate or not depending upon the age of the dependents.
3.- Intellectual and Industrial Property Ownership
All texts, images, logos, distinctive signs, sounds, animation, videos, source codes and other contents on this web site are the property of IBERNATURE ANDALUSIA, or the latter has the required reproduction rights: in this sense, all of the above are protected by the intellectual and industrial property rights in force.
Any complete or partial broadcasting, distribution, reproduction or storage of the information on this web page is expressly forbidden unless the owner gives specific prior consent. USERS may reproduce or store web contents for exclusive personal use, although it is expressly and completely forbidden to reproduce elements or contents from this web site for commercial purposes.
4. Conditions of Use
IBERNATURE ANDALUSIA reserves the right to carry out, at any moment and with prior warning, changes and updates the Web page content, or of the configuration or presentation of the same, conditions of use, contracting etc. For these reasons, USERS must consult updated versions of the web page. The company responsible for the web page does not guarantee the inexistence of interruptions or error in access or content, nor does it guarantee an updated version or the non-existence of viruses or any other element that could produce a negative effect on external computer systems. IBERNATURE ANDALUSIA accepts no contractual or non contractual responsibility to those persons or companies whose use of the web page causes any damage related to computer viruses or any other computer related incidents.
The owner of the web site shall not be responsible for any circumstances or legal damages arising from unauthorized use of information contained there within, or deriving from the services and opinions of third parties.
5. Responsibility for Links
The company in charge of the web site declines all responsibility for services and/or information given in external web sites to which there is a link. IBERNATURE ANDALUSIA does not exercise any control or supervision over these links, and understands that their contents are in accordance with applicable legislation. Nevertheless, the use of links to external web sites presumes no responsibility whatsoever nor appropriation of the content of the same, and under no circumstances is any supervision or approval carried out on any modifications or information that appear in them. Visitors to external links are requested to act with caution, and consult possible legal stipulations contained therein.
IBERNATURE ANDALUSIA shall under no circumstances be responsible for legal damages arising from the correct functioning, availability or continuity of the externally linked sites.
6. Applicable Contractual Jurisdiction
IBERNATURE ANDALUSIA and the USER with express waiver of their own jurisdiction and accept that of the Malaga (city) Law Courts for any disputes arising from the access to or use of this web page, based on the fact that the present electronic contract is signed in the city of Malaga (Spain).