0001. General Conditions
www.aegirtours.com (hereinafter “aegirtours”, “we”, “us”, “our”) is owned David Romero Villar (hereinafter the Owner) with address at Calle República de Uruguay, 1, 3º Izq, Arteixo, A Coruña, Spain, 15142, with NIF 79341682P, with the telephone number – +34-645305600 and email – firstname.lastname@example.org.
These General Conditions of Use will regulate the provision of services that Xumatours will provide through this Website (hereinafter, the Website).
- Acceptance of the general conditions of use and access to the website.
No prior user registration is required to access the Website, however, in order to contract the services offered by aegirtours, the User’s registration and acceptance of these conditions will be required before formalizing the corresponding payment.
By contracting the services of the Website, Users accept these General Conditions of Use, which define the rights and obligations of aegirtours and Users within the framework of the Website.
These are the only General Conditions of Use applicable to the use of the Website (without prejudice to the fact that specific services may exist for certain services) and to the contracting of services and replace any other conditions, except by prior agreement and in writing between aegirtours and the User.
- Object of the website.
This Website has been created to offer a reservation service for activities, excursions and guided tours on the Island of Mallorca. These activities, excursions and guided tours are services provided directly by third-party collaborating companies of aegirtours (hereinafter, the Provider / s). Therefore, aegirtours IS LIMITED ONLY TO OFFERING THROUGH THE WEBSITE A RESERVATION SERVICE OF ACTIVITIES, EXCURSIONS AND GUIDED TOURS IN MALLORCA, WHICH ARE DIRECTLY PROVIDED BY THE PROVIDERS.
- Booking with aegirtours and registration on the website.
To make a reservation, the Users will have to provide their personal data (name, surnames, email, telephone, and mobile), or the data of the person in whose name the activity is reserved, in order that aegirtours can make the reservation requested by the User.
By virtue of these General Conditions of Use, the Users declare to provide factual, exact, current and complete information about their identity, or, if applicable, about the person in whose name the activity is reserved. In this sense, the Users will be responsible for the accuracy of the data provided and for any consequence that may arise from the errors in the information provided.
By accepting these General Conditions of Use the User declares to be over 18 years of age and have full capacity to understand and accept the content of these Conditions. In case the user is under 18 years of age, they will need the effective consent of their parents, guardians or legal representatives for the acceptance of the provisions of these General Conditions. Those underage users who contract the services of aegirtours guarantee, by accepting these General Conditions of Use, that they have been duly authorized by the holder of the bank details for their use to make the corresponding payment for the services contracted.
aegirtours warns you that it will not assume any responsibility if the User contracts the services in breach of the provisions of the preceding paragraphs.
5.1.- Specific conditions regarding the reservation of activities, excursions and guided tours.
The reservations made by each User through the Website are subject to the specific conditions that apply to each activity, excursion or guided tour. The User may find these conditions in the description page of the Website for each of these services, as well as in the confirmation email sent by aegirtours once the reservation is made.
In general, the reservation of activities, excursions and guided tours is subject to the following conditions:
- The dates and times of the activities, excursions and guided tours published on the Website have been pre-established by the Suppliers and do not allow any type of modification in this regard.
- Users may modify the data of their reservations provided that the conditions of the activity, excursion and/or guided tour allows it. In order to make this modification, the User will have to contact aegirtours via the email email@example.com.
- The minimum time for each reservation in advance varies depending on the activity, excursion and/or guided tour you wish to reserve. This particular aspect can be seen in the information on the activity on the Website.
5.2.- Specific conditions related to the information about the reservation of the activity, excursion and/or guided tour.
The meeting point, the date, the time, the duration and all the necessary information for the enjoyment of the activity, excursion and / or reserved guided tour, is detailed in the description card of each service, on the Website, as well as in the confirmation email sent by aegirtours to the User once the reservation is made.
In the confirmation email, in addition to providing all the information of the reserved service, aegirtours may provide the user with a voucher or booking voucher for the activity, excursion and/or guided tour hired so that the User can present it to the Provider prior to the start. of the activity.
It is essential that users are punctual and present themselves at the meeting point at the time and date indicated since all activities, excursions and guided tours are scheduled to leave at a specific time and it is not possible to change the start time.
If once arrived at the destination the Users have any questions in relation to the reserved service, and in particular, with the meeting point of the activity, excursion or visit, the Users will be able to contact the Provider at the contact number that appears in the reservation email that aegirtours gives at the time of booking confirmation.
The Provider may require that the user show a confirmation/ticket that accredits the reservation of the activity prior to the beginning of the same. aegirtours will not assume any responsibility if the User does not present said confirmation/ticket to the Supplier.
- Economic contracting conditions.
The purchase of the reservation of aegirtours services will be understood as formalized once the Users have completed and accepted the booking form for the activity.
The prices will be those indicated by aegirtours at the time of reservation of the activity that the User has chosen. aegirtours charges the full payment of the activity, excursion, guided tour through the Website.
These prices are expressed in Euros (€) or Pounds Sterling (£), including taxes, and the total amount will be indicated at the time of definitive confirmation of the contracted service. The payment can be made by specific credit or debit cards or PayPal.
After booking the reservation, Users will receive a confirmation email confirming the payment of the contracted service.
aegirtours must be notified of any undue or fraudulent charge on the card used for the purchase by email firstname.lastname@example.org, in the shortest possible time so that aegirtours can take the necessary actions.
7.- Cancellation policy.
If the User wishes to cancel a reservation and receive a refund they must warn aegirtours forty-eight (48) hours beforehand. To validly warn us the User must send an email to email@example.com y put “cancellation” as the subject. If the user fails to comply with these indications aegirtours will not be obligated to provide a refund.
IN ACCORDANCE WITH THE ABOVE, AND THROUGH ACCEPTANCE OF THE PRESENT GENERAL CONDITIONS OF USE, USERS DECLARE THAT THEY HAVE READ AND HAVE EXPRESSLY ACCEPTED THE CANCELLATION POLICY AND HAVE DECIDED TO AGREE WITH THEM.
8.- Conduct on the website.
Users agree to make lawful, diligent, honest and correct use of all information or content accessed through the Website, all under the principles of good faith and respecting the current legislation and those present General Conditions of Use at all times. In particular, but without limitation, Users shall not:
- Communicate data that is not factual, accurate, complete and/or updated or impersonate any person or identity.
- Use the Website for fraudulent purposes, or related to criminal offenses or illicit activities of any kind.
III. Introduce or disseminate computer viruses that may cause unauthorized alterations of the contents or systems of the Website.
- Use the Website to use or reuse illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening material of any kind, or that involves a violation of copyrights, trademarks or confidentiality, privacy or any other right, or is otherwise insulting or reprehensible to third parties.
- Download, send or distribute any other content or applications that may violate any legislation in force or that violate any right of any party.
aegirtours reserves the right to deny any attempt to access the Website in cases where there is an incorrect use of the Website in accordance with the provisions of this clause.
9.- Responsibility clause.
By way of example, but not limited to, aegirtours is not responsible for the following circumstances:
- Cancellations made after the deadline by the Users. aegirtours will not be responsible in any way for returning the amounts paid by its Users when they have not fulfilled the cancellation period established in the cancellation policy applicable to each service.
- aegirtours will not assume any responsibility if the User loses the reserved activity or transfer due to lack of punctuality and/or because they are not at the corresponding meeting point.
III. Cases in which the Provider denies the User access to the activity, excursion and/or corresponding guided visit when the latter does not carry the corresponding ticket printed on paper and/or downloaded to his mobile phone (as required in each case by the Provider).
- Damages and robberies that affect the Users and the property of their ownership during the enjoyment of the activities, excursions and guided visits.
- Injuries, damages and accidents that the User may suffer during the enjoyment of the activity, excursion and/or guided tour, as well as of those injuries, damages, and accidents suffered by the User prior to the service and that has prevented enjoyment of it.
- Meteorological conditions in which the Supplier carries out the activities, excursions and guided tours reserved by the Users. Under no circumstances will aegirtours be responsible for these circumstances so the service will be understood as correctly rendered.
VII. The quality of the service provided by the Providers.
Likewise, aegirtours does not grant any guarantee nor is it liable, in any case, for damages of any kind that may arise from accessing or using the content or the Website. Among others, and by way of example, but not limited to, aegirtours is not responsible for the following circumstances:
VIII. Lack of availability, maintenance and effective operation of the Website and/or its services or contents, as well as the damages and losses of any nature that may be due to lack of availability or continuity of the operation of the Website.
- Technical failures attributable to third parties or force majeure that prevent the proper functioning of the Website.
- Cases of force majeure understood as the failure, suspension or interruption of services or use of the Website, as a result of the blocking of the Internet network, actions or omissions of third parties, or any other causes or independent circumstances of the will of aegirtours that prevent the normal use of the Website.
- The illicit, negligent, fraudulent use, contrary to the terms of these General Conditions of Use, or to the good faith, of the Website, by the Users.
aegirtours reserves the right to initiate the legal actions that by right correspond to the Users, as a consequence of the commission of the acts described in this section, and in general, for the breach of these General Conditions of Use.
10.- Intellectual property
The contents of the Website, for example texts, images, graphics or source code, are protected by intellectual and industrial property rights.
Such content may not be, for example, reproduced or transformed without the prior and explicit permission of the Owner or the author of a text/post. Users can access the contents and make authorized private copies provided that the reproduced elements are not subsequently transferred to third parties, nor are they installed on network servers, nor are they subject to any type of exploitation.
11.- Jurisdiction and applicable legislation
Unless the current law of a member state of the European Union or of any other jurisdiction requires otherwise, these Contracts (and any non-contractual dispute/claim arising therefrom or in connection therewith) are subject to the laws of the State of Spain without considering the principles of private international law.
In addition, you and aegirtours accept the jurisdiction of the courts of the owner´s place of residence to resolve any dispute, claim or dispute arising in connection with these Contracts (and any non-contractual dispute / claim arising therefrom or in connection therewith) .
ARBITRATION. If you reside or live in a jurisdiction where arbitration can be enforced, the following binding arbitration clauses will apply:
Resolution of disputes and arbitrations. You and aegirtours agree that, in the event of any dispute, claim or controversy arising between you and aegirtours in relation to these Agreements or your relationship with aegirtours as a user of the Service (whether by virtue of a contract, tort, statute, fraud, false declaration or any other legal framework, and if the claims arose during or after the cancellation of the Contracts) will be resolved by binding arbitration. Arbitration is more informal than a legal action before a court. IN AN ARBITRATION THERE IS NO JUDGE OR JURY, AND THE ARBITRATION IS SUBJECT TO A LIMITED REVIEW BY THE COURT. Less evidence must be presented than in a court. The arbitrator must be bound by this Contract and may grant the same class and amount of compensation as a court (including attorney’s fees), unless the arbitration does not grant precautionary or declaratory measures that benefit any person other than the parties related the arbitration. This arbitration clause will remain in effect after the Contracts are rescinded.
Exceptions. You and aegirtours agree that nothing contained in this document will void, exclude or otherwise limit our rights to (1) file an individual complaint before a small claims court, (2) take enforcement action through federal agencies, state or local from where those actions are available, (3) request precautionary measures in a court of law, or (4) initiate legal actions before a court of law for the improper use of intellectual property.