General terms and conditions
As stated in Law 34/2002, of July 11, 2002, on information society services and electronic commerce, I hereby inform you that: The services that MÁLAGA VIAJERA provides to the traveller correspond to travel consultancy work and some extra services. The work that I carry out is not a combined trip, being the services necessary to carry out the trip booked and paid by the client directly to the natural or legal person who provides the service. The Travel Consultant will always inform the client of the total cost of the proposed trip (approximately according to the client’s budget and at that specific moment, as these are services that the client is free to book or not, and depending on when he/she makes the booking/s), without excluding or hiding any additional cost.
1. Purpose of the conditions
The purpose of these general conditions is to expressly regulate the conditions applicable to the contracting processes carried out by the “Client” users of the services offered by MÁLAGA VIAJERA through its website https://www.malagaviajera.com. These conditions will remain in force and will be valid for as long as they are accessible through the website, without prejudice to the fact that MÁLAGA VIAJERA reserves the right to modify, without prior notice, the general conditions as well as any of the legal texts found on the website. In any case, access to the website after its modification, inclusion and/or replacement, implies the acceptance of the same by the user. The client is subject to the general conditions in force at each of the moments of making the corresponding contract, and it is not possible to contract any service without prior acceptance of these general contracting conditions.
The electronic contracting process through the website https://www.malagaviajera.com will be carried out between the “Client” and “MÁLAGA VIAJERA”. The “Client” of the website will be considered to be those consumers who are natural or legal persons who register using the established form and subsequently fill in their name, surname, address, city, country, state, postal code, email and password, and have made the corresponding payment to have access to any of the services/products on sale.
3. Right of exclusion
MÁLAGA VIAJERA reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to those users who do not comply with these Conditions.
4. Financial conditions and method of payment
4.1. Products and services
- Personalised travel consultancy services or tailor-made trips.
- Consultancy services for group travel.
- Travel guides.
- Sale of experiences, activities and travel proposals (with or without a travel organiser service).
- Contracting with third parties through the website www.malagaviajera.com.
The prices for access to all services/infoproducts include VAT unless otherwise specified, and are available through the corresponding links on the website. In accordance with Law 37/1992, of 28 December 1992, regulating Value Added Tax (VAT) and European Directive 2008/8/EC, the transaction may be exempt or not subject to VAT depending on the purchaser’s country of residence and the condition in which the purchaser acts (entrepreneur/professional or private individual). The final price of your order may vary depending on the VAT rate applied to the order. For orders destined for other European Union countries, Spanish VAT will be deducted and the VAT rate corresponding to the country of destination will be applied. The final price will appear during the confirmation of your order and will reflect the VAT rate corresponding to the country of destination of the products. The prices of the Services may change at any time at the sole and exclusive discretion of MÁLAGA VIAJERA. The Services do not provide price protection or refunds in the event of price reductions or promotional offers.
4.2. Payment Methods
Payment will be made by Debit/Credit Card (Stripe), Paypal, Bank Transfer or Bizum. Debit/Credit Card: To pay by Visa/Mastercard/American Express card, the external and secure Stripe platform is used, no card details remain on the Málaga Viajera website; the user must provide their e-mail address, the name of the cardholder, the card number, the expiry date and the CVV. PayPal: If you have a PayPal account, you can make the payment by indicating the e-mail address of Málaga Viajera: email@example.com Bank transfer or Bizum: Payment by bank transfer or Bizum is possible if both parties (the client and MÁLAGA VIAJERA) have agreed on this method of payment.
5. Process of electronic contracting of services
The e-procurement process of the travel consultancy service and/or extra services will be divided into 2 phases: Contact and Initial Proposal.
The user, after previously completing the form (step 1 of the Travel Consultancy service, see Booking).
After receiving the form, we will send you an initial proposal indicating the budget for the trip at that moment (the final price will depend on when the client makes the reservations) and the services included.
If this proposal is accepted, I will send you an e-mail with instructions or links (depending on the payment method chosen), so that you can pay Málaga Viajera’s fees. In all cases, in order to make the payment, the user will proceed to fill in the requested data in any of the accepted payment methods.
Once payment has been made, I will send you the final proposal with all the details (see Step 3 of Booking) and the invoice will be sent (for this purpose, we will need the client’s personal details in order to issue the invoice).
Any variation in the price of the aforementioned elements may lead to a revision of the final price of the trip. The client will always be in charge of making the reservations and payment directly with the different suppliers of the services he/she wishes to contract (booking links), before or during the trip.
5.1 Electronic contracting process for the sale of Experiences, Activities and Travel Proposals.
Definition of the service.
It consists of the sale of experiences, activities and excursions with or without accommodation.
Once availability and/or price of the selected service has been confirmed, we will send the client an e-mail with the details of the service and once they confirm that they are interested, they will have to pay the full amount of the service. Once payment has been received, we will send a confirmation e-mail and invoice to the client.
5.2 Contracting with third parties through the website.
The object of the “contractual relationship” consists of a provision of (graphic design) services by the OWNER and the payment of a fixed price by the USER. And it is formalised by consent.
The WEBSITE has links or hyperlinks that redirect to websites of third parties outside the OWNER, either as collaborators or as a sample of the OWNER’s work and creations. These links are provided solely to inform the USER about the existence of other sources of information related to a specific topic. The inclusion of a link does not imply endorsement of the linked website by the OWNER.
MÁLAGA VIAJERA assumes no responsibility for the contents, information or services that appear on these websites, which are exclusively for information purposes and in no case imply any relationship between the OWNER and the natural or legal persons who own them.
The USER previously warned, acknowledges and accepts that the use of the contents of the linked websites will be under his exclusive risk and responsibility and exonerates MÁLAGA VIAJERA from any responsibility for the technical availability of said websites, the quality, reliability, accuracy and/or veracity of the services, information, elements and/or contents to which the user may have access in the same. MÁLAGA VIAJERA shall not be liable indirectly or secondarily for damages of any kind arising from:
A) The operation, unavailability, inaccessibility and lack of continuity of the linked websites.
B) The lack of maintenance and updating of the contents and services contained in the linked websites.
C) The lack of quality, inaccuracy, unlawfulness, uselessness of the contents and services of the linked web pages.
6.1. Responsibility of the Travel Consultant
The Travel Consultant shall be liable for the consequences of non-performance of the Travel Consultancy service and/or extra services. As the Travel Consultant does not make bookings for any services: The Travel Consultant shall be exempt from liability when the cause is attributable to a client or third party. In the event of incidents in air transport (denied boarding for any reason, cancellations, changes or flight delays; loss, delay or damage to luggage, etc.), the client is responsible for managing the claim of their rights as a passenger at the same airport where they occur. Accommodation, transport, meals, repatriation or other expenses caused by these incidents will not be the responsibility of the Travel Consultant. The Travel Consultant will also be exempt from responsibility for any incident, modification or cancellation of the services booked by the client, whether they have been made through the links sent by Málaga Viajera or by other means. The client is responsible for directly claiming their rights against the natural or legal person who provides the contracted service. MÁLAGA VIAJERA cannot guarantee the technical continuity of the Website, the absence of service failures or interruptions nor that the Website will be available or accessible one hundred percent of the time due to external causes or fortuitous causes and/or force majeure, viruses, computer attacks and/or actions of third parties that cause the total or partial impossibility of providing the services as well as other unforeseeable causes such as the incorrect functioning of the Internet.
6.1.1 Responsibility for the sale of experiences, activities or travel proposals.
MÁLAGA VIAJERA will be liable for the consequences arising from the non-performance of the service of the sale of experiences, activities and travel proposals.
MÁLAGA VIAJERA will be exempt from liability when the cause is attributable to a client or third party.
6.2. Responsibility of the CUSTOMER
6.2.2. Health situation of the country.
HEALTH: MÁLAGA VIAJERA refers to the official recommendations on vaccinations and necessary precautions of the Ministry of Health and Consumption which are available on its website http://www.msc.es . Knowing this information, the traveller is aware of the health situation in spain, málaga and its province, and accepts the risk that the trip may entail, exempting the travel consultant from any responsibility in this regard.
7. Alterations and modifications of the trip
Causes for dissolution of the contract
The dissolution of the service contract can occur at any time by either party. You are not obliged to any conditions of permanence with MÁLAGA VIAJERA if you are not satisfied with the service. MÁLAGA VIAJERA may terminate or suspend any and all services contracted with MÁLAGA VIAJERA immediately, without notice or liability, in the event that the CLIENT does not comply with the conditions herein. Upon dissolution of the contract, your right to use the Services will cease immediately. The following shall be causes for dissolution of the contract:
- The falsity, in whole or in part, of the data provided in the process of contracting any service.
- Altering, circumventing, reverse engineering, decompiling, disassembling or altering in any way the security technology provided by MÁLAGA VIAJERA.
- Also cases of abuse of support services by requiring more hours than those established in the contract.
- Any breach established throughout the conditions.
Dissolution implies the loss of your rights over the contracted service.
7.1. Cancellations by the traveller and/or trip cancellation
The cancellation of the travel and event organiser’s service, experiences, activities and travel proposals will result in the non-refund of the money, except in the sale of experiences, activities and travel proposals whose cancellation conditions specify the requirements for the total or partial refund of said service.
This service is made to order with the unique characteristics requested by the client, as reflected in Chapter III, Article 103, section c) 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 and other complementary laws.
The initial proposal that we will make after completing the form is completely free of charge.
If the client has any problem he/she can contact us by e-mail: firstname.lastname@example.org
The website www.malagaviajera.com is available in English and Spanish.
9. Intellectual and industrial property
MÁLAGA VIAJERA itself or as an assignee, owns all intellectual and industrial property rights of its website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or texts; trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by MÁLAGA VIAJERA or its licensors. All rights reserved. Any use not previously authorised by MÁLAGA VIAJERA will be considered a serious breach of the author’s intellectual or industrial property rights. The reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the prior authorisation of MÁLAGA VIAJERA , is expressly prohibited without the prior authorisation of MÁLAGA VIAJERA . The CLIENT undertakes to respect the Intellectual and Industrial Property rights owned by MÁLAGA VIAJERA. The CLIENT may only view the elements of the website without the possibility of printing, copying or storing them on the hard disk of his/her computer or on any other physical medium. The USER must refrain from deleting, altering, evading or manipulating any protection device or security system installed on the pages of MÁLAGA VIAJERA. In the case of licenses for the use of a product or service, it is strictly forbidden to share the license for use with more people, each license is personal and non-transferable and we reserve the right to take any civil and criminal action we may have in order to safeguard our rights, all under penalty of incurring in a crime against intellectual property of art. 270 and ss of the Penal Code with prison sentences of up to 4 years.
10. Applicable law and jurisdiction
The relationship between MÁLAGA VIAJERA and the CLIENT shall be governed by current Spanish legislation and any dispute shall be submitted to the Courts and Tribunals of the city of Estepona (Málaga), unless otherwise provided by applicable law.