General contract conditions

The contract will be carried out only through email and in the same email (or in mails, if there are several), the general and specific conditions of each contract will be specified.

Now, in order to inform you of your rights and duties, we publish this note; with that, we explain and specified to our customers the general conditions of contracting and our services as an incoming tourism agent.

These Conditions will remain published on the website at the CLIENT’s disposal to reproduce and save them as confirmation of the contract and may be modified at any time by the PROVIDER. It is the CUSTOMER’s responsibility to read them periodically, since the conditions and terms that are in force at the time the order is placed will apply.

The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Accepting this document implies that the USER:

Has read and understood the above.
Is a person with sufficient capacity to enter into contract.
Assumes all the obligations set forth herein.

These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.

The PROVIDER informs that the business is liable and understands the current laws and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions implemented prior to the modification.

Identity of the contracting parties

On one part, the PROVIDER of incoming tourism services hired by the CLIENT, MONTSERRAT PACHÓN CARRERA, whose registered address is at URBANIZACIÓN SAN GERARDO – VISTABELLA STREET, nº 4B of LLIRIA (46160 – VALENCIA), TIN 53273515H and with a telephone number to user/client/customer service (+34) 690963648.

And on the other part, the CUSTOMER (or CLIENT), with whom you will communicate by phone or email. The CLIENT is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.

Object of the contract

The purpose of this contract is to regulate the contractual relationship created between the PROVIDER and the
CUSTOMER at the time the latter accepts the proposal made by the PROVIDER via email (and phone).
The contractual relationship for the provision of the service entails the execution, in exchange for a certain price, of
a series of services that the incoming tourism agent will provide for the CLIENT.

Contracting procedure

The CLIENT, in order to access the services offered by the PROVIDER, must be of legal age. Otherwise, their parents or legal representatives must be the ones who contract our services.

Therefore, the CLIENT and/or their legal representatives must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 ( GDPR), relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), relating to the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The following conditions are reported in these points:

General contracting clauses.
Right of withdrawal (cancellations).
Claims and online dispute resolution.
Force majeure.
Competency.
General information of the offer.
Price and validity period of the offer.
Payment methods and other information of interest.
Purchase process.
Suspension or termination of the contract.
Guarantees and refunds.
Applicable law and jurisdiction.

1. General contracting clauses.

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the CUSTOMER of these legal terms and conditions. No stipulation made by the CUSTOMER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER. That is why everything described in the emails used to contract services will prevail over what is stipulated here.

Failure to carry out the remote contract

From the date on which both parties agree on the provision of the service, the PROVIDER, if it is not possible to carry out the contracted activities, for whatever reason, must inform the CLIENT, who will be entitled to cancel the order and receive a refund of the amount paid at no cost. For it, the PROVIDER may notify you within a period of 45 days from the acceptance of all the conditions. No liability for damages attributable to the PROVIDER will arise from this.

The period for the PROVIDER to return the amounts settled by the CUSTOMER will be 14 calendar days. The return of said amounts will be made by the same means of payment used or by another, if agreed in writing by the parties.

The PROVIDER will not accept any liability if the activation of the service is not fulfilled because of false, inaccurate or incomplete information provided by the USER.

2. Right of withdrawal (cancellations).

The right of withdrawal is the power granted to the CUSTOMER so that the contract that has been entered into with
the PROVIDER can be voided. It can be of two types:

Right of legal withdrawal. It is mandatory in remote contracting and outside the commercialestablishment.
Right of contractual withdrawal. It can be offered by businessmen and women on a voluntary basis.

The PROVIDER must inform in the contractual document or either way admissible by law in a clear, understandable and precise form, of the right to withdraw from the contract and the requirements and consequences of its exercise. You must also inform how this right can be exercised (name and address of the person to whom it should be sent). The mail is a correct form to inform the CLIENT.

The CLIENT has, as a rule, a period of fourteen calendar days, counted from the contracting or reservation or, from the conclusion of the contract, to exercise the right of withdrawal in those services or products contracted remotely.

If the PROVIDER does not comply with the duty of information and documentation regarding the right of withdrawal, the period for its exercise will be extended, ending twelve months after the expiration date of the initial withdrawal period (article 71 of Law 3/2014, March 27).

The right of withdrawal may not be applied in the following cases:

Once the service has been completely executed or when the execution has begun, with prior express consent of the PROVIDER and CLIENT and with the recognition on their part that they are aware that, once the contract has been completely executed by the PROVIDER will have lost its right of withdrawal. Thus, if the provision of the service has begun, you can withdraw, but you must pay the part corresponding to the services provided. This includes the purchase of tickets, reservations made and other advance payments that the PROVIDER has had to make.
In the provision of services tailored to the CLIENT’s specifications or clearly personalized.
Accommodation services for purposes other than using the site as housing, transportation of goods, vehicle rental, food or services related to recreational activities, if the contracts provide for a specific date or period of performance.

The provision of our services consists of obtaining for our clients transportation at their destination, accommodation and meals, as well as leisure and cultural activities and all of this in a detailed, structured manner and according to the CLIENT’s requests and specifications.

As you can see and given that the provision of our services basically consists of these 3 assumptions, we cannot apply, therefore, the right of withdrawal, unless the contracted services are provided with a forecast for a longer period.

For this reason, and even when this right of withdrawal is not applicable to our activity, as part of our commitment to our clients, as well as encouraging them to contract our services with sufficient advance notice, this part expressly informs that in order to carry out the cancellations and given that there are services that allow you to plan your organization with very little time and others that require a greater margin of time, under this premise, apply the following cancellation policies:

→ Reservations made more than one month in advance:

100% refund if you cancel 30 days in advance.
50% refund if you cancel 20 days in advance.
No refund after that period.

→ Reservations made less than a month in advance:

50% refund if you cancel 10 days in advance.
No refund after that period.

Any withdrawal must be communicated to the PROVIDER by email to hola@mpctravelspain.com, indicating if it´s possible the invoice number, corresponding order or data that identifies the CLIENT. This action can also be carried out by phone calling to this number (+34) 690 963 648.

Additionally, you must take into account that:

All cancellation periods will take as reference the start date and time of the first contracted service.
These conditions are general and for organizational reasons may be slightly altered in the budget that the CUSTOMER receives in writing. This last document will be the valid payment and return conditions sheet.
Returns that involve bank fees or other fees are the responsibility of the customer.
Tickets for admission to museums, theme parks and/or other attractions cannot be cancelled.

The PROVIDER informs the CLIENTS that for these cases we have different collaborators who offer, through the PROVIDER, the possibility of contracting cancellation and assistance insurance under advantageous conditions for our clients. If applicable, hiring this service obviously entails a cost of which you will be informed in advance.

3. CLAIMS AND ONLINE DISPUTE RESOLUTION.

Any claim that the CLIENT considers appropriate will be attended as soon as possible, and can be made by contacting the following contact addresses:

 Postal address: MONTSERRAT PACHÓN CARRERA, Urbanization San Gerardo – C/ Vistabella, nº 4B – Lliria –
46160 – Valencia

 Telephone: (+34) 690963648

 Email: hola@mpctravelspain.com

Montserrat Pachón Carrera makes available to clients a book of complaints and claims, duly numbered and sealed by the competent Administration, Department of Innovation, Industry, Commerce and Tourism of the Generalitat Valenciana, which may be claimed by the client where appropriate, although the legislation of the autonomous community does not require such a requirement. The client may also go to complain directly according to the consumer regulations of the Valencian Community to the ODR platform for online dispute resolution and indicate whether they accept that disputes be resolved in one of the accredited entities on the platform. The link for this is found in the following paragraphs in the Online Dispute Resolution point.

Now, given that Andalusian regulations require it, and given that our services are provided in both communities, this is why they are available and made available to their clients and consumers. You can also submit your claim, in case the services are provided in Andalusia through the following link: https://www.juntadeandalucia.es/organismos/saludyconsumo/areas/consumo/reclamaciones.html

Online Dispute Resolution

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between them, eliminating the need to resort to a court of law. This is a neutral body which will consult both parties in order to reach an agreement and may ultimately suggest and/or impose a solution to the conflict.

Link to the ODR platform:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

4. FORCE MAJEURE

In circumstances of force majeure and/or exceptional cases, for example, in the event that there are serious security problems at the destination that may affect the CLIENT's stay, the CLIENT may terminate the contract before the start of the provision of services in the terms and conditions indicated at point 2 of this document.

If the reservations made or activities cannot be carried out due to force majeure, the PROVIDER, given that it will not be responsible for not being able to provide the contracted services, must not proceed to return any amount, except by application of the stipulated times. in point 2.

The parts will therefore not incur liability for any failure due to force majeure. When the case of force majeure ceases, if it is possible to fulfill the provision of services contracted at a later time, after study and written acceptance by the PROVIDER, the provision of the service may be carried out in different terms and times; in these cases, the CLIENT must assume the charges that were generated as a consequence of delay, prior express information and acceptance by the CLIENT.

5. COMPETENCY

The CUSTOMER may not assign, transfer or transmit the rights, responsibilities and obligation contracted.

Thus, and unless otherwise agreed, the PROVIDER does not accept the transfer of contracts and/or reservations
made.

If the PROVIDER, according to the assessment it makes of each specific item, understands that the CLIENT can transfer his reservation to a third person, and provided that he communicates it with the enough time in advance that each service indicates or said service can be provided without limitation of time, the PROVIDER may authorized this transfer in writing (by mail) and in these cases the CLIENT's rights may be transferred to a third party.

To do this, the assignee will also have to meet the same requirements as the assignor, and both will be jointly and severally liable to the PROVIDER for the payment of the price and additional expenses of the assignment.

Failure to authorize the assignment may in no case harm the PROVIDER nor will it generate possible compensation for damages in favor of the CUSTOMER or, of course, the assignee.

If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.

The CLIENT declares to have read, understood and accepted these Conditions in their entirety.

6. GENERAL INFORMATION OF THE OFFER

The details of each contracting of the services of the incoming tourism agent (the PROVIDER) and the additional services offered will be informed in detail by email.

No modification, alteration or agreement contrary to the commercial proposal made by Montserrat Pachón Carrera or what is stipulated here, will have effect, unless expressly agreed in writing signed by the PROVIDER; In this case, these particular agreements will prevail over the general conditions or the particular ones initially contracted.

Given the continuous technical advances and service improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as it does not affect the value of the services offered. These changes shall also apply in the event that, for any reason, the possibility of supplying the services offered is affected.

7. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated with respect to each proposal sent by email include the Value Added Tax (VAT) that must be applied, if it´s applicable. These prices, unless expressly indicated otherwise, do not include tourist taxes, travel insurance, cancellation or assistance or any other additional services and attachments to the contracted services.

The prices applicable to each service are those that will be provided to you by email and will be expressed in EURO currency. The CLIENT assumes that the economic valuation of some of the services may vary in real time.

Before carrying out and confirming the details of the service, you can check through the email (or emails) that will be sent to you, the details of the budget: services, dates, times, quantities, price, availability, charges, discounts, taxes and the total of the purchase. Prices may change daily while the order is not placed.

Once the order is placed, the prices will be maintained whether the service is available or not, the CUSTOMER exempting the PROVIDER from this lack of availability that may occur.

The PROVIDER will not be responsible for reservation errors attributable to the CUSTOMER or caused by unavoidable and/or extraordinary circumstances.

If, once the stay or trip has begun, significant elements of it and/or certain services cannot be provided for reasons not attributable to the PROVIDER or due to force majeure, the PROVIDER will offer the CLIENT suitable alternative formulas, with or without additional cost. The CUSTOMER may decide whether to hire it or not.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the CLIENT or the company name that the CLIENT has informed at the time of placing the order. This invoice will be sent by email.

For any information about the order, the CUSTOMER may contact the PROVIDER’s customer service telephone number (+34) 690963648 or by emailing to hola@mpctravelspain.com.

8. PAYMENT METHODS and OTHER INFORMATION OF INTEREST

The PROVIDER is responsible for economic transactions and accepts the following payment methods for orders:

Credit card
Bank transfers to the account number that will be indicated to you (always through secure methods that
will be indicated to you)

The contracted services and activities must be paid in full in advance to guarantee their correct execution.

Payments will be made by credit card or bank transfer, optionally. And they are made in several periods: 30% of the payment at the time of reservation. The rest of the payment and deadlines will be detailed in the budget, depending on the advance notice of the reservation, the total amount and the complexity of the services.

The payment conditions and terms must be respected as described in the quote sent to the client, otherwise MPC Travel Spain reserves the right to charge a surcharge of 2.5% per day of the outstanding amount.

Security measures

The PROVIDER uses information security techniques generally accepted in the sector, especially to secure communications between the parties and payments made by the client.

The PROVIDER undertakes not to allow any transaction that is or may be considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

To make payment by credit or debit card, a payment gateway is used through which the Provider does not have access to your cards or payment credentials. This will be indicated to you at the time of acceptance of the budget.

The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards.

9. PURCHASE PROCESS

The entire hiring process will be carried out through phone calls and email. It will not be complete until all details are confirmed in writing between both parties and payment is made by the CUSTOMER in the stipulated forms and within the stipulated deadlines.

10. SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, the term in question shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

The PROVIDER may, without prior notice, suspend or terminate the CLIENT’s access to its services, in whole or in part, for any valid reason, including, without limitation, when the CLIENT fails to comply or follow any of the obligations established in this document or others (mails), in the budget, in the particularly agreed conditions or in any legal provision, license, regulation, directive, code of practices or applicable usage policies.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to the PROVIDER.

11. GUARANTEES AND REFUNDS

The guarantee of the services offered will respond to the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

12. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or construed in accordance with Spanish law, specially in that which is not expressly established between the PROVIDER and the CUSTOMER.

In accordance with Art. 14.1 of Regulation (EU) 524/2013 and in accordance with the provisions of point 3 of this document, both parties agree to go to the free access platform for online conflict resolution provided by the European Commission for resolution. of any issue arising from the contract made between the CLIENT and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between both. This body is neutral and will dialogue with both parties to reach an agreement and may finally suggest and/or impose a solution to the conflict.

If both parties do not agree to resort to the procedure regulated in the previous paragraph, prior to going to the competent Courts and Tribunals for any dispute arising from the contract made between the CLIENT and the PROVIDER or that is related to it. , including any question relating to its existence, validity, interpretation, compliance or termination, both parties will definitively resort to legal arbitration administered by the Court of Arbitration and Mediation of the Official Chamber of Commerce, Industry, Services and Navigation of Valencia, in accordance with its Regulations and Statute in force on the date of submission of the arbitration request, which is entrusted with the administration of the arbitration and the appointment of the arbitrator or arbitrators, committing to comply with the Award and any other resolutions issued. The arbitration tribunal designated for this purpose will be composed of one arbitrator and the language of the arbitration will be Spanish. The place of arbitration will be the city of Valencia (Spain).

If they do not agree to resort to one of these two mechanisms, both parties agree to submit to the courts and tribunals of the CLIENT’s domicile any controversy that may arise from the provision of the products or services subject to these Conditions, provided that the domicile was set in Spain.

In the event that the CLIENT is domiciled outside of Spain, the PROVIDER and the CLIENT expressly renounce any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/ 2013, without the need to resort to the courts of law. For more information, see clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION” of these Conditions.