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May 1st, 2018
1. Contractual relation
The present Conditions of use (“Conditions”) regulate the access or use that you do, like individual person, from any country of the world of applications, webpages, content, products and services (the “Services”) make available by Tourme.
Additional conditions to certain Services will be able to be applied, like policies for an event, activity or particular promotion, and these additional conditions will communicate to him in relation to the applicable Services. The additional conditions settle down besides the Conditions, and a part of the same will be considered, for the aims of the applicable Services. The additional conditions will prevail over the Conditions in the case of conflict with respect to the applicable Services.
Tourme will be able to modify the Conditions regarding the Services when it considers it opportune. The modifications will be effective after the publication on the part of Tourme of these Conditions updated in this location or the policies modified or additional conditions on the applicable Service. Its access or use continued of the Services after this publication constitutes its consent to tie by the Conditions, with its modifications.
The Services constitute a platform of technology that allows the users of movable applications of Tourme or webpages provided like part of the Services (each, a “Application”) to organize and to plan the guided visits or activities of tourism with third parties independent suppliers of these services, according to an agreement with Tourme. Unless Tourme accepts it by means of a separated contract in writing with you, the Services only make available for their personal use, noncommercial. YOU RECOGNIZE THAT TOURME DOES NOT SERVE OF TOURISM OR WORKS LIKE A TOURIST COMPANY AND THAT THESE SERVICES OF TOURISM LEND BY THIRD PARTIES INDEPENDENT CONTRACTORS, WHO ARE NOT EMPLOYED BY TOURME NOR BY ANY OF THEIR AFFILIATES.
The Services will be able to make available or to be accessible in relation to services and content of third parties (including the publicity) that Tourme does not control. You recognize that they could be of application different conditions and policies of privacy from the use that is in of these service and content of third parties. Tourme does not endorse these services and content of third parties and in no Tourme case will be responsible for any products or services of these third parties suppliers. , Apple additionally Inc., Google, Inc. or Microsoft Corporation or its corresponding subsidiaries or international affiliates will be beneficiary third parties in this contract if you accede to the Services using Applications developed for movable devices with system iOS, Android, Microsoft Windows, respectively. These beneficiary third parties are not parts of this contract and they are not responsible for the benefit or support of the Services of any way.
With the purpose of to most of use the aspects of the Services, you must register yourself and maintain active a personal account of user of the Services (“Profile”). In order to obtain a Profile he must be like minimum 18 years old, or have the majority of legal age in his jurisdiction (if she is different from the 18 years).The registry of the profile requires to him that it communicates to certain Tourme personal information, like his name of user, direction of e-mail or telephone number. You commit yourself to maintain the information in your Profile of exact form, complete and updated. If it does not maintain the information of the Profile of exact form, it completes and updated, even having a method of invalid contact or that has won, will be able to turn out in its impossibility to accede and to use the Services or in the resolution on the part of Tourme of this Contract celebrated with you. You are responsible for all the activity that happens in its Profile.
3. Registered Information
When providing Content of User to Tourme, you grant world-wide, perpetual, irrevocable, transferable, free a license of exemptions, with right to receive the master's degree, to use, to copy, to modify, to create derived works, to distribute, to exhibit publicly, to publicly present or otherwise to anyway operate this Content of User in all the formats and channels of distribution, known now or devised in the future (including in relation to the Services and the business of Tourme and in sites and services of third parties), without more warning or consent of you and without requiring the payment to you or any other person or organization.
You declare and guarantee that: (i) is the only and exclusive proprietor of all the Content of User or who has all the right, licenses, consents and permissions necessary to grant to Tourme the license to the Content of settled down User like previously; and (II) neither the Content of User nor its presentation, load, publication or putting at the disposal of another way of this Content of User, nor the use on the part of Tourme of the Content of User like allowed here, will infringe, they will embezzle or violate the intellectual property or the rights of property of a third party, or the rights of publicity or privacy, or will be in the violation from any law or applicable regulation.
You decide not to provide Content of slander, odious, violent, obscene, pornographic, illicit User who is slanderous, or otherwise offensive, as it determines Tourme to his single discretion, whether this material can be protected or not by the law. Tourme will be able, to its single discretion and at any time and for whatever reason, without warning, reviewing, to control or to eliminate Content to him previously of User, but without being forced to it.
4. Access to the network and devices
You are responsible to obtain the access to the data network necessary to use the Services. To the tariffs and rates of data and messages of their moving grid will be able to be applied if you accede or use the Services from a wireless device and you are responsible for these tariffs and rates. You are responsible to acquire and to update compatible hardware or the devices necessary to accede and to use the Services and Applications and any updates of the same. Tourme does not guarantee that the Services, or any part of the same, works in any hardware or particular device. In addition, the Services could be object of dysfunctions or inherent delays to the use of Internet and the electronic communications.
You understand that the use of the Services can tolerate positions by the services or goods that receive from a Third supplier (“Positions”). Tourme will facilitate the payment on the part of you of the applicable Positions in the name of the Third supplier as agent of collection limited of the Third supplier. The payment of the Positions of this way will be considered like the payment made directly by you to the Third supplier. The Positions will include the applicable taxes when it is required by law. The Positions paid by you are definitive and nonreimbursable, unless Tourme determines the opposite.
The price of the trip includes the detailed services like including in the description or list of credits and the tax on the added value when he is applicable; and it is understood effective during the season that is indicated. The prices are based on the tariffs of transport (including the cost of the fuel), the effective exchange rates of currency, rates and taxes at the beginning of every natural year, when the programmings and forecasts take to end. The price of the trip does not include visas, rates, certificates of vaccination, extras and, generally, any service nonspecified like “including”, unless the opposite in the engineering specifications of the trip indicates itself.
All the Positions are payable immediately and the payment will facilitate by Tourme having used a provided platform of safe payment by a financial organization. If one determines that the method of payment of its main Cuenta has expired, he is invalid or otherwise it does not serve to receive, you to him you accept that Tourme, as agent of collection limited of the Third supplier, uses a method of secondary payment in its Cuenta, if were available.
Tourme, at any time and to its single discretion, reserves the right to establish, to eliminate and/or to review the Positions for some or all the services or goods obtained through use of the Services. In addition, you recognize and accept that the applicable Positions in certain geographic zones will be able to increase substantially during the periods of high demand. Tourme will use the reasonable efforts to inform to him into the Positions that will be able to be applied, as long as you are responsible for the Positions incurred his Cuenta independent of the fact that you know these Positions or the amounts the same.
You will be able to choose to at any time cancel his request for the services or goods of a Third supplier before the arrival of that Third supplier, in which case him a rate of cancellation will be able to be received.
Also a claim will be able to be registered on the action of any service or of a Third supplier during a period nonsuperior to seven days from the conclusion of the same.
This structure of payment is destined to totally compensate to the Third supplier by the proportionate services or goods. Tourme does not designate any part of its payment as it offers or allowance to the Third supplier. Any manifestation on the part of Tourme (in the webpage of Tourme or the materials of marketing of Tourme) in the sense that giving a gratuity he is “voluntary”, “not required”, and/or “including” in the payments that realise for the proportionate services or goods it does not try to suggest Tourme provides additional amounts, aside from the described ones previously, to the Third supplier. You understand and you accept that, while is free to provide an additional payment like allowance to any Third supplier that provides services or goods to him obtained by means of the Services, does not have obligation of it. After it has received the goods or services obtained through Service, it will have the opportunity to describe its experience and to leave additional commentaries on the Third supplier.
The reserve of anyone of the trips whose technical organization is the responsibility of TOURME SL WITH C.I.F. B-87569604, situated in Stroll of Saint Cloud 2, 28660 Boadilla of Monte in Madrid, supposes the total acceptance of these general conditions, that will be considered built-in automatically to the contract without it is precise his transcription written in the same.
TOURME will respond of the consequences that are derived from the not-execution of the contract in proportion to their intervention in the management of the trip. It is exempted of that responsibility in the following cases:
a) That the defects observed in the execution of the contract are imputable to the consumer and user.
b) That these defects are imputable to a third other people's one to the provision of the benefits anticipated in the contract and have an unforseeable or insurmountable character.
c) That the alluded to defects are due to reasons for greater force, understanding by such those circumstances other people's to that invoke them, abnormal and unforseeable whose consequences could not have been avoided, in spite of to have acted with the diligence due.
d) That the defects are due to an event that the lover of detail, or the organizer, in spite of to have put all the necessary diligence, could not anticipate nor surpass
In the assumptions of exclusion of responsibility contemplated in paragraphs b), c) and d), TOURME or Lover of detail will be forced, to give the necessary help to the consumer who is in difficulties. Nevertheless, the expenses of lodging, transport, maintenance, repatriation or others caused by these incidences will not be TOURME responsibility. When the trip takes place in vehicles own or rented by TOURME, in case of accident, whatever the country where it takes place, the traveller is put under the legislation in the matter of accidents of the country specifically in which he is registered the vehicle.
Any demand, cause of action or conflict with Tourme in the competent courts will be solved.The Spanish laws govern this legal note.
If a demand because of the actions of a user is received, will be this one whom it compensates to the operating company and it will release of responsibilities on any damage or loss (economic or not) related to this demand.
Tourme is used under the responsibility of the operating company as well as of the users of the same being given without express or implicit guarantee including. The absolute security cannot be guaranteed being the company developer exempt of responsibility of the actions, content, information and data of third parties. One hereby eliminates of any responsibility the company developer including the board and employees, on demands related to any type of damages (known or not) produced by the use of the tool. The company developer will not be responsible for the loss of benefits or other resulting damages derived from the application from this legal note and its policy from privacy.
8. Cancellations or alterations on the part of TOURME
In the assumptions in that the accomplishment of an activity is subject to count on a minimum of participants, and thus it is specified, TOURME will be able to cancel the activity in advance in case it is not arrived at this minimum of participants, notifying it to the anticipated date of exit. Also, TOURME can also cancel a trip by causes of greater force, understanding like such those circumstances other people's to that invoke them, abnormal and unforseeable, whose consequences have not been able to avoid in spite of to have acted with the diligence due. In both cases, the consumer will have right to the reimbursement of the amounts paid, except the expenses of management.
Before the execution of the program
If TOURME were forced to significantly modify some essential element of the program of the trip including the price, it will have to notify it to the consumer. Sufficient causes for the modification of the trip are considered the force majeures (other people's, abnormal or unforseeable circumstance) or the adjustment of the route to a certain flight plan/transports. In such case and unless the parts are suitable another thing, the consumer it will be able to choose between solving the contract without penalty some or to accept a modification of the contract in which the introduced variations and their repercussion in the price need.
The consumer will have to communicate the decision that he makes within the three days following to being notified. Supposing that the consumer does not notify his decision in the indicated terms, he will be understood that he decides on the acceptance of the propose modifications.
Supposing that the consumer chooses to solve the contract, or that TOURME cancels the trip before the date of decided exit, for whatever reason that he is not to him imputable to the consumer, this one will have right, from the moment at which the resolution of the contract takes place, to the reimbursement of all the amounts paid in accordance with the same, or to the accomplishment of another trip of equivalent quality or superior, whenever TOURME can set out it. Supposing that the trip offered outside quality inferior, TOURME will have to reimburse to the consumer the difference of price with respect to the disbursed thing, in accordance with the contract. In these supposed TOURME he will be responsible for the payment to the consumer of the indemnification that, where appropriate, corresponds by breach of the contract, that will be of 5% of the total price of the contracted trip, if the mentioned breach both takes place between months and 15 days immediately previous to the date anticipated for the accomplishment of the trip; 10% if one takes place between the 15 days and 3 days previous, and 25% supposing that the mentioned breach takes place in the 48 previous hours.In the case of the following assumptions, obligation will not exist to compensate by cancellation
1. When the number of enrolled people for the trip is inferior to the demanded one and limit is communicated before the date determined for the execution.
2. When one is due to reasons for greater force, understanding by such circumstances other people's to that invoke them, abnormal and unforseeable, whose consequences could not have been avoided, in spite of to have acted with the diligence due (political, natural causes, recommendations of the embassies, unexpected or abrupt situations of exception, alterations of the nature….).
3. When the cancellation or accomplishment of the trip is not direct responsibility of the client.
During the execution of the trip
If TOURME does not provide or verifies that it cannot provide an important part of the services anticipated in the contract, will adopt the solutions adapted for the continuation of the organized trip, without I supplement some of price for the consumer, and if so, it will pay to this one last amount of the differences between the predicted benefits and the provided ones. If the consumer continues the trip with the solutions provided by TOURME, he will be considered that he accepts these proposals tacitly.
If the solutions adopted by TOURME were nonviable or the consumer did not accept them by reasonable reasons, that one will have to facilitate to this one, without I supplement some of price, means of transport equivalent to the used one in the trip to return to the place of exit or which both have agreed, notwithstanding the indemnification that if so comes.
- In case of claim TOURME it will have to build with diligence to find the suitable solutions.
- In no case that one not including in the trip contract will be TOURME responsibility all (p.ej tickets of transport from the origin of the passenger to the one of exit of the trip or vice versa, consumptions, entrances to buildings or museums, etc.), not existing obligation to compensate by those expenses of independent services.
- If the transfers/attendances origin/destiny/origin or other similars including in the supply would not be fulfilled by causes other people's to the transferista and nonimputable to TOURME, this one will reimburse the amount of the alternative transport that has been used by the client in the displacement, previous presentation of the receipt or invoices corresponding.
9. Cancellations or alterations on the part of the CLIENT
The client who stops of the contracted services must right to the return of the amount paid, according to the advance with which she communicates the cancellation with respect to the date of beginning of the trip, having compensate to TOURME by the concepts that are detailed next:
Expenses of management: Minimum 60 €
Expenses of cancellation: Amounts to discount of the price of the trip to pay for the expenses caused to the implied suppliers and that they will be indicated in each program. Variable amount, from 0 to 100% to include transport, hotels, expenses of local correspondents, etc, nonreimbursable some and being majors to greater proximity with the date of beginning of trip. In any case, the economic consequences of the cancellation in special conditions of hiring will repel on the client to whom therefore it has inquired.
The client who indicates the intention to cancel his reserve, will have to formally communicate it in writing (mail) with the maximum pressure and the return of the amount will only be made by means of banking transference to a bank account whose ownership corresponds to the client who has realised the reserve and the later cancellation.
- In case a trip is contracted a wholesaler or external operator to TOURME, the applicable conditions will be those of this operator. The client can at any moment ask for the name and/or conditions of the third party.
- The general conditions of the trips always will be submitted to the particular conditions of the certain trip.
Any return or reimbursement by the nonuse of any type will not take place on watch (aerial, terrestrial or marine transport, lodging, meals, excursions or anyone including in a package of trip) when the reason for the same is decision and direct responsibility of the client:
- Delays or nonpresentation in schedule or place indicated for the beginning and/or attainment of the trip or meeting with the group.
- Nonpossession of the necessary and obligatory documentation for the trip and/or destiny (national identity document, special Passport, Visas, permissions, Record of international vaccination…)
- Services nonused voluntarily by the client, whatever the cause of the nonuse.
- Voluntary abandonment of everything or leaves from the trip once initiated the same, in terrestrial or marine programs.
- Uncomfortable or annoying repeated behaviors towards the rest of the group that complaints and malaise bring about, forcing to the people in charge to respond with authority exceed they.
- Situations caused by the client and other people's to TOURME.
10. Documentation, visas and health
All the people enrolled in a trip are responsible to have in rule the necessary documentation for the entrance and frees circulation by country that is visited (national identity document, passport, visas, sanitary measures, et cetera). TOURME acts like informer, but it is always the last responsibility of the client to confirm before the competent authorities. The client specifically assumes the procedure of the management and obtaining of these documents previous with time necessary for the beginning of the trip (visas, passports, health cards,…) except when one is including in the program of the trip or cases in agreement with TOURME so that this one is in charge to transact visas or permissions required by the client, being this one that assumes the expenses of the consular rates and management of these documents.
The citizens with nonSpanish passport, must contact with the respective Consulates and/or Embassies to know and transact the visas or formalities of entrance that demand the countries visited in the trip.
The luggage of the traveller is not object of the contract of trip nor of transport, without TOURME is responsible for any delay, loss, damage or deterioration that could suffer during the trip in anyone of the transfers including in the trip (aerial, marine or terrestrial…). The responsibility of the communitarian Airlines in relation to the transport of passengers and international luggage is in force by all the dispositions of the Agreement of Montreal, ratified by the Spanish State in date 04/06/2002 and published in the BOE in date 20/05/2004, comprising of our internal legal ordering according to anticipated in the article the 96 EC and Art. 1 and 5 of the CC.This Agreement is from direct and preferred application to the internal norms of contractual responsibility in claim by damages derived from the loss and delay in the delivery of the luggage in the international transport of travellers by the Airlines and regulates in its 17 article the unique and exclusive responsibility of the carrier, regulated in BOE 034/1999 of the 9 of February of 1999 that modifies the Treaty of Warsaw of the 12 of February of 1929.
The trips that reason by remote areas, with limited or nonexistent tourist infrastructures demand to be flexible and to accept the changes that, with respect to the anticipated services, can tolerate this limitation. Also certain capacity of adaptation to the unexpected thing is necessary, as much in positive (a local celebration, a market…) like in which it is not it as much (cut floods, highways, et cetera). The traveller must be conscious that, in some cases, they can be impossible, for example, a fast evacuation or a suitable medical care. The special characteristics of this type of trips, that respond to the own ones of an alternative trip, are known and accepted by the traveller, who accepts of way it express the situations and changes that are derived from the same.