GENERAL CONDITIONS OF CONTRACT
Equinoccio Viajes, S.A., in compliance with the relative provisions in Law 34/2002 of 11th July on Information Society Services and Electronic Commerce, informs the Client of the website before the provision of the service, the procedures and the bonds that must be carried out in order to make the contract effective:
a. The Client commits to read carefully the content of both the General and the Particular Conditions of Contract that appear at the electronic order.
b. The Client commits to enter the personal data and the necessary additional information for the provision of the service
Equinoccio Viajes guarantees through these Conditions, in total compliance with the regulations on the defence of the Consumers and Clients, that it shall protect their legitimate interests from the beginning to the end of the process of contract of the products and services provided through the website.
IDENTIFICATION OF THE PARTIES
On the one hand, Equinoccio Viajes, S.A. (hereinafter Equinoccio Viajes), located in Prim, 29, 20006 San Sebastian (Gipuzkoa), with CRN A- 48476030 and CIE 2050 M/M, registered at the Trade Registry Office,Registro Mercantil de Gipuzkoa T. 1784, F.191, H.SS-16573 It is the owner of the http://www.reservassansebastian.com, www.reservasguipuzcoa.com, and www.reservaspaisvasco.com websites, and puts them at the disposal of the Internet users, in order to carry out the reservation of all the offered products.
On the other hand, the User, who directly provides his/her personal data through the incorporation of the data to the several forms provided by Equinoccio Viajes, in order to access any service offered at the web that belongs to Equinoccio Viajes. This fact necessarily involves the collection of personal data. Therefore, the responsibility about their authenticity relies directly and exclusively on the User.
AIM OF THE CONTRACT
These Conditions, which rule the provision of the services, aim to regulate the access and the regime of acquisition of the services and contents provided by Equinoccio Viajes to the Client through the website, establishing the legal framework that develops the contractual relationship.
The services and contents shall be those at the disposal of the Client in the following websites belonging to Equinoccio Viajes: www.reservassansebastian.com,www.reservasguipuzcoa.com and www.reservaspaisvasco.com
ACCEPTANCE AND AVAILABILITY
These Conditions regulate the legal relationship derived from the contracting processes formalised by the Clients through the Equinoccio Viajes website. The Clients clearly express their total support to these stipulations unreservedly for the version published by Equinoccio Viajes when the Client contracts the service and/or contents of his/her interest. Therefore, the Client commits to read carefully the Conditions of Contract every time he/she proceeds to contract a service, since they could have changed since the last time the Client accessed the service.
Through the acceptance of these General Conditions of Contract, the Client states that:
a. He/she has the ability to contract.
b. He/she has read the General Conditions of Contract and accepts them.
The Client shall always and in every case be able to access the Conditions of Contract before the beginning of the contracting of the services, and they shall offer the possibility to be stored and/or played in a long-lasting medium.
MODIFICATION OF THE CONDITIONS OF CONTRACT
Equinoccio Viajes shall be able to modify these stipulations whenever there is a cause or enough reason for it.
There shall be cause or enough reason for modification, by way of information without limitation, when the modification aims to:
a. Widen the range or number of services at the disposal of the Clients, or improve the existing ones.
b. Modify, substitute or update the prices of the services offered through the website.
LIMITATION OF RESPONSIBILITY
The Client expressly exonerates Equinoccio Viajes from any responsibility for direct or indirect legal damages derived from eventual errors or omissions at the website, for the eventual interruption, cancellation, delay or anomaly when accessing it, and for the consequences that the before mentioned causes might have on the provision of the service.
Also, the Client exonerates Equinoccio Viajes for any fraud or unlawful use of the contracted object by a third party. In any instance and, nevertheless, any resolution predicted at these Conditions of Contract.
Equinoccio Viajes commits to put the maximum care to protect the website from any virus, trojans and other elements that might violate or harm the computer system of the Client or a third party. In any case, the Client exonerates Equinoccio Viajes from any responsibility for the direct or indirect legal damages caused by the incidental existence of such harmful or malicious elements.
COOKIES AND SAFE ENVIRONMENT
Equinoccio Viajes uses high technology through the website to guarantee the protection of the information. Equinoccio Viajes guarantees that the contracting of the services is carried out in a safe environment.
Equinoccio Viajes is not responsible for the websites linked to its site. Therefore, it does not take the responsibility for their contents. The risks derived from the consultation of those website correspond exclusively to the users. The users shall have to be ruled by the terms, conditions and legal notices of those sites, since Equinoccio Viajes does not take responsibility for those either.
PATENT RIGHTS AND COPYRIGHT
© Equinoccio Viajes is the owner of the Patent Rights and the Copyright of the elements that compose the design of the website, such as the trademark, the brand name or the emblem. In particular and in a non limitative way, the copyright protects the logos, the combination of colours, the selection and the presentation, the source code of the website, the menus, the navigation buttons, the HTML code, the Java applets, the texts, the images, the graphs, as well as any other content of the website ownes by Equinoccio Viajes.
PERSONAL DATA PROTECTION
The access of the Users and the reservation of the services offered through the website involve the processing of personal data. For Equinoccio Viajes, it is really important to comply with the regulations on personal data protection and on information society services and electronic commerce.
Generally, the people that make use of the website do it without providing any personal data. Nevertheless, in order to access the services, sometimes, the Users shall have to provide some personal data. Equinoccio Viajes guarantees the confidentiality of the personal data provided by the Users, according to the regulations on Personal Data Protection, and on Information Society Services and Electronic Commerce.
Equinoccio Viajes observes the legislation in force in the matter of data protection, and has adopted administrative and technical procedures in order to guarantee the safety of the personal data that we collect.
On this matter, the User is informed, and allows the incorporation of his/her data to the automated files belonging to Equinoccio Viajes (located in Calle Prim 29 20006 - San Sebastian (Gipuzkoa), properly registered before the General Registry Office for Personal Data Protection), and the automated processing of his/her data, as a consequence of the consultation, request or contracting of any service or any transaction, in order to access the information and the services provided by Equinoccio Viajes through the website and, in that case, to maintain the contractual relationship, as well as to deliver offers or advertising and promotional messages.
The User declares that all the data provided by him/herself are true and correct, and commits to inform Equinoccio Viajes about the changes on the data. The User has the right to object the processing of the data unnecessary for the contract, and its use for any purpose different to the maintenance of the contractual relationship.
Also, in compliance with Law 34/2002 on Information Society Services and Electronic Commerce, Equinoccio Viajes shall send offers or advertising and promotional messages exclusively by e-mail, or through another equivalent medium, to those Users who have expressly granted their consent.
Equinoccio Viajes informs the User that he/she shall be able to resign from this kind of messages, by following the instructions that appear at the end of all our e-mails, or by writing us to
RIGHTS AND OBLIGATIONS OF THE PARTIES
a. Obligations of EQUINOCCIO VIAJES:
Equinoccio Viajes commits to fulfil the following contractual obligations derived from the commercial relationship with the Client, as a consequence of the contracting of the services by the Client:
· To provide the service requested by the Client with the maximum guarantees, according to the Conditions of Contract, without breaking the contractual good faith.
· To inform the Client clearly about the existence of these Conditions before the Contracting procedure.
· To inform the Client, before the contracting and in a concrete, clear, precise and unequivocal way, about the specific characteristics of the requested services, such as their prices and the taxes that apply to them.
· To put the General Conditions at the Clients disposal.
· To confirm the Client, by e-mail, both the order and the hotel reservation, putting at his/her disposal the order number and the effective realization of the contract in a maximum period of 24 hours since the acceptance of both the General and the Particular Conditions of Contract that appear at your order.
b. Client Obligations:
On the other hand, the Client commits to:
· Carry out the whole fulfilment of these Conditions related to the services provided by Equinoccio Viajes.
· Complete the registry forms previous to the beginning of the contracting procedure with truthful and updated information.
· Properly provide the requested bank data, as Equinoccio Viajes reserves the right to change the collaborating bank, committing to inform the Client of the valid bank through these Conditions of Contract.
· Omit the delivery of messages that impede or hinder, in any way, the normal operation of the service. In any case, the Client shall be the one and only responsible for the content of the messages he/she writes or sends, as well as the data he/she provides and the use of the contents of the website in an illegal or illegitimate way.
· Pay the price of the services. No complaint shall exempt him/her of this obligation.
· If there were a hotel reservation, the particular regulations of the establishment shall be observed, as well as the hygiene, the education and good manners towards the rest of the users and the staff of the hotel that provides the service.
c. Client Rights:
All the information provided to the Client shall be binding for the bidder in the terms stated in the Conditions of Contract and, in case it were not stated and as long as it does not object these stipulations, the legislation in force.
Every Client of the contracted services has the right to the contracted quality, category and requirements of the services, by virtue of the Consumers and Users Law and the General Conditions of Contract.
In case of a hotel reservation, all the hotels have the obligation to put a complaints book at the client's disposal to put their complaints on the record. In order to lodge a complaint, fill your personal data and indicate the reason for your complaint.
METHOD OF PAYMENT AND PRICE
The rates applicable to the contract shall be the ones that appear in the website belonging to Equinoccio Viajes, when the user accesses the specific service, and proceeds to begin the contracting process.
Equinoccio Viajes reserves the right to modify the rates published at the before mentioned website, whenever it is believed convenient.
When the contracted service or product is a hotel reservation, as a rule, the price of the reservation includes exclusively: room only, half board or bed and breakfast.
The availability and price of the special service orders such as: a cradle, an extra bed, etc. that could not be included at the calculation of the on-line reservation, shall depend on the confirmation of the hotel, which shall be carried out over the phone.
Cancellation of the reservation. The reservation can be cancelled by e-mail at firstname.lastname@example.org over the phone at +34 943299983 or by fax at +34 943473341, always indicating the booking number of the reservation.
If the hotel reservation were cancelled, the legal regulations for travel agencies, accommodations and tourist services, which includes the management and cancellation fees, shall be applied.
The bank costs caused by the cancellation of reservations shall also be on the client's account.
MODIFICATION OF THE RESERVATION
The reservation can be modified later by e-mail at email@example.com over the phone at +34 943299983 or by fax at +34 943473341, always indicating the booking number of the reservation.
The offers shall only be valid during the period established by Equinoccio Viajes in advertising, or as long as they are accessible to the clients for their effective contracting.
SAFETY WHEN PAYING WITH CREDIT CARD
Equinoccio Viajes uses the Verified by Visa and the MasterCard SecureCode authentication systems that provide a high security level when buying on the Internet, as it checks the identity of the card owner before the approval of the purchase.
In order to check the identity of the card owner, a specific secret code password to shop online that only the legitimate owner knows is required (similar to cash dispensers). If you do not have this code or password to shop online, you can obtain it by following the steps indicated by your browser, which shall connect you to your Bank.
This information is not shared with the shop-commerce, as your bank shows this window only to you (through the 4B system).
All the messages use SSL 128 bit encryption levels that guarantee the confidentiality of the information. You can verify the authenticity of the window requesting the password by observing the security certificate with a click on the lock of the lower part of the window. The certificate must belong to the following address "telepago.4b.com".
MasterCard SecureCode are Verified by Visa are registered systems and trademarks by Visa and MasterCard, that provide a greater tranquility when buying on the Internet.
DIRECT PAYMENT AT DESTINATION:
You will pay the total of your booking at your arrival to the accomodation. You will decide/discuss the method (credit card or cash) at reception.
Equinoccio Viajes, using a safe and secure web, certified by Thawte will ask you in the next step of the booking a credit card's details (card holder's full name, card's full number, expiry date and cvv2), just as a guarantee.
Card given's holder, authorises Equinoccio Viajes to charge on it the possible resulting expenses or penalties because of cancellation or No-show. Always as mentioned on accomodation's Cancellation Policy.
PAYMENT BY BANK TRANSFER
At least 5 days before your arrival, the transfer must be done to our bank account: KUTXABANK : CODE IBAN: ES07 // ACCOUNT NUM: 2095 5600 85 1062692842 ; CODE SWIFT : BASKES2BXXX. noting the booking number (Loc.).
The total and final calculation of the reservation includes the VAT, unless it is expressly not included.
VALIDITY PERIOD OF THESE CONDITIONS
These Conditions shall be valid as long as they remain published at the website, and they shall be applied to the services acquired at the time when those Conditions were available.
In any case, Equinoccio Viajes reserves the right to modify them independently, without affecting the services contracted by the Clients before the modification, except for those cases where the Client changed or modified the contracted service. In such case, the conditions in force at the time of the change/modification shall be applied.
NULLITY AND INEFFECTIVENESS OF THE CLAUSES
If any of the clauses included in these Conditions were declared totally or partially null or ineffective, such nullity would only affect that clause or the null or ineffective part of the clause. The rest of the Conditions shall remain the same.
APPLICABLE LEGISLATION AND JURISDICTION
The client accepts that the legislation applicable to the operation of this service is the Spanish one, and bows to the Jurisdiction and the Courts of San Sebastian for the solutions of the conflicts derived from the interpretation and application of this contract.
LEGAL NOTICE ABOUT THE INSTRUCTIONS
Through the acceptance of these provisions, the Client commits to use this website and the services at his/her disposal the way it is set, and he/she is obliged not to use the web and its services with illegitimate aims and/or contrary to those established at this legal notice, which could damage rights and/or interests of third parties, harm this web, or impede, in any way, its correct operation or the operation of the services offered and the operation of those which will be offered in the future.
Also, the Client shall abstain from directly or indirectly obtaining the contents provided by the web by illegitimate, illicit, fraudulent means, by means of theft or plagiarism, or by any other mean which contravened the provisions of the Penal Code and the regulations for application.
Equinoccio Viajes reserves the right not to grant the access to the web to any Client or third party that contravened the provisions of these general conditions of contract without previous notice.
The Client commits not to make illegitimate or illicit use of the web contents, or make a use which might cause direct or indirect damage to Equinoccio Viajes. Therefore, the Client shall abstain from modifying, copying, distributing, publishing, transferring and/or selling any information or appearance concerning to the website owned by Equinoccio Viajes.