The terms and conditions set out below regulate the access and use of the Internet portal (hereinafter WEBSITE) that TRAVELCONCEPT, S.L.U. (hereinafter LOGITRAVEL) makes available to Internet users.
IDENTIFICATION OF THE PARTIES
Party of the first part, TRAVELCONCEPT, S.L.U. (LOGITRAVEL) single-shareholder limited liability company with registered address at Edificio Logitravel, Parcela 3B, Parc Bit, Ctra. Valldemosa km 7.4, 07121 Palma de Mallorca (Spain), with license number (CI) BAL-471 and Tax ID code (CIF) no. B-57288193 and registered in the Companies Registry of Palma de Mallorca on 22 July 2004, Folio 211 del Tomo 2073, Hoja PM-47776, Inscripción 1. Contact number +34 971 080 635 and email info@logitravel.com. Aperture Travel, S.L. with Tax IF code (CIF) B16500720 is the holder of 100% of the share capital of TRAVELCONCEPT, S.L.U.
And party of the second part, the natural person, hereinafter USER, who accesses the web page to find information and to contract the services offered through the WEBSITE. The User declares that he/she is of legal age (over 18 years old) and has the necessary legal capacity to acquire the services offered through the WEBSITE and to use it according to the general conditions outlined below, which he/she expressly declares to understand and accept. In the event of being contracted by a legal minor, LOGITRAVEL will assume no responsibility, whereby the legal minor, their parents or guardians will be liable for any costs that may be incurred.
GENERAL TERMS AND CONDITIONS
ACCESS TO THE WEBSITE
The WEBSITE displays support the following browsers: Chrome, Firefox, Internet Explorer 10 and 11, Safari and Opera. LOGITRAVEL will assume no responsibility for the results obtained using another browser or operating system.
USERS who access the WEBSITE using devices with small format screens, declare that they have previously accessed the website using a device with one of the browsers mentioned in the previous paragraph and have consulted the conditions of the website and all the notices made available to the recipient without any type of restriction due to the characteristics of the device used to make the reservation.
The USER may freely access the WEBSITE or if they prefer, they can register, in which case they must provide their email and a password of their choice, before they confirm by email. Once registered, he/she will have access to his/her profile and will be able to consult his/her expired and current reservations, as well as consult or modify the information available to speed up and facilitate his/her next reservations.
The USER must ensure that the password is not used by unauthorised third parties. In this regard, LOGITRAVEL will assume no responsibility deriving from any unauthorised use of user passwords to access the WEBSITE.
The USER declares that all the information provided by him/her when registering and making reservations is true and complete and undertakes to keep it updated when he/she subsequently uses the WEBSITE.
CONTENT AND RESPONSIBILITY
LOGITRAVEL operates the WEBSITE offering all kinds of tourist services. Buying services through the WEBSITE means that the USER accepts the General and Special Terms and Conditions of Contract, which are displayed on the web page during the reservation process.
Specifically, in the case of low-cost airline companies, by using the WEBSITE to search for flights for the purposes of buying, implies that the customer is directly subject to the general terms and conditions of those airlines and to the general terms and conditions of their own websites, including those relating to personal data protection.
The USER should be aware that the contracting of package tours is governed by the provisions of Book IV of Royal Legislative Decree 1/2007, of 16 November, of Spain, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws of Spain and the specific conditions agreed with the USER depending on the organiser/wholesaler that organises the package, where LOGITRAVEL acts as the retail and wholesale travel agency.
The suppliers of products or services and the organisers/wholesalers who organise the package, each within the scope of their respective obligations, will be responsible before the USER for the fulfilment of the obligations derived from the regulations in force and the conditions of sale of each of the products and services or package tours that are contracted, without LOGITRAVEL assuming any obligation or responsibility with respect to those products or services that it does not provide directly.
The traveller is responsible for complying with governmental exit, entry and other documentation requirements. This information can be found on the Spanish Ministry of Foreign Affairs web page (www.exteriores.gob.es). LOGITRAVEL may incorporate additional special terms and conditions that will be posted on the WEBSITE.
PURCHASING PROCESS
Prior to contracting, the USER is informed that there is a section on the WEBSITE called "How to make your reservation", which specifies the different procedures to be followed in order to make a reservation.
On the WEBSITE the reservation can be made in English. Most of the fields are free, so that the WEBSITE does not have the means to identify and correct errors in the introduction of the data, for which reason the USER will be responsible for any error made when entering the aforesaid data.
The document formalising the contract by means of which the customer acquires any tourism product or service through the WEBSITE shall be sent to the USER by e-mail. In this e-mail, you will be given information on the products and/or services contracted, your pager number, all the information relating to the method of payment, cancellation conditions, other useful information and, where appropriate, the sending of your travel documents. Also, the document will be stored by LOGITRAVEL, and the USER may access it at any time under the "My Reservations" section of the WEBSITE, featured in the upper right corner of the web page, by entering their email address and password.
The purchase of any product will only become effective when LOGITRAVEL confirms the debit has been charged according to the method of payment selected, and until that time it may be cancelled by LOGITRAVEL.
The following payment methods are available:
- PAYMENT BY CREDIT OR DEBIT CARD. In debit cards the amount charged is automatically withdrawn from the associated account, in credit cards the USER can withdraw money without having funds in the associated account, and the amount is normally charged at the beginning of the month following the purchase.
- PAYMENT BY ONLINE TRANSFER. To make payments with this method you must be an online banking customer of one of the banks LOGITRAVEL works with. We will connect you to your bank where you will need to log in with your username to proceed with the payment.
- ORDINARY BANK TRANSFER. Once you have made your reservation on our WEBSITE, you must make a transfer within 24 working hours for the amount accepted. In the concept of the transfer, you must include the locator that we will provide to you at the end of this reservation. You must send us a proof of the transfer to the following email: transferencias@logitravel.com.
- PAYPAL. We connect you to PayPal, where you will need to log in with your user to proceed with the payment. We recommend payment by PayPal as it is one of the safest forms of payment.
- DIRECT PAYMENT AT THE HOTEL. The USER may make the payment directly at the hotel when this is specifically provided for this type of service. LOGITRAVEL will request your credit card details ONLY AS A GUARANTEE. The hotel may only use this data to charge cancellation fees in the event of cancellation of the reservation or no-show at the hotel.
- FINANCING. In the event that the credit is granted by the supplier that is offered as a lender in each case, the USER may defer payment of the purchase in the instalments and with the interest rates approved by said entity, with the first instalment to be paid at the time of confirming the reservation.
Not all of these payment options are always enabled, depending on the type of product and how far in advance you book.
The fact of requesting a reservation entails a commitment on the part of the client to authorise the charge for the full amount of the product, service or package contracted. The Client expressly authorises LOGITRAVEL to process as many charges as necessary against the card with which the Client made the first payment until the total price of the reservation has been paid.
The USER accepts that he/she will contact LOGITRAVEL through our Customer Service Department if he/she has any complaint before carrying out any procedure with his/her bank and before taking any legal action.
This clause is not intended to interfere with your right to take legal action in law courts or any other form of alternative dispute resolution. On the contrary, we want to offer you a faster and more cost-effective way, which will save both you and us time and money. In return, we undertake to provide you with a response within 30 working days.
Contact details for the Customer Service Department can be found in the bottom section of the WEBSITE.
The prices indicated online include airport taxes. However, they do not include local taxes, which are paid at hotels, or departure taxes, which are paid at airports.
LOGITRAVEL uses a service for sending SMS for confirming or notifying the customer of any contracted service. This service is purely for sending and not receiving texts, so the customer will be unable to use it to send an SMS, but instead can either phone or email using the contact details in the CONTACT section of the web page.
INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The entirety of this WEBSITE: text, images, trademarks, graphics, logos, buttons, software files, color combinations, as well as the structure, selection, arrangement and presentation of its contents, is the property of LOGITRAVEL and its reproduction, distribution, public communication and transformation is prohibited. Likewise, the reproduction, retransmission, copying, transfer or broadcasting, in whole or in part, of the information contained in these pages, for whatever purpose and by whatever means, is prohibited.
Users shall use the WEBSITE solely and exclusively for their own private personal use. Users may not copy, reproduce, transmit or distribute in any way the content of this WEBSITE or the services available through it, without the written permission of LOGITRAVEL.
Users may not create links to web pages of the WEBSITE unless they have written permission from LOGITRAVEL.
LOGITRAVEL shall not be liable, directly or subsidiarily, for:
- The infringement by the USER of intellectual and industrial property rights, of the rights to honor, to personal and family privacy and to the image of persons (photographs), of property rights and of any other rights belonging to a third party as a consequence of the transmission, dissemination, storage, making available, reception, obtaining or access to the contents.
- Links and hypertext that provide the USER with access through the WEBSITE to products and services offered by third parties are not owned or controlled by LOGITRAVEL, who will not be responsible for the information contained therein nor for any effects that may result from that information.
GENERAL INFORMATION
The portal reserves the right to modify, restrict or rescind the terms and conditions applicable to the WEBSITE as referred to above. In any case, the conditions that were in force when the customer made the reservation, or subsequent conditions if these are more favourable to the interests of the consumer, shall apply.
LOGITRAVEL reserves the right to deny or remove access to the Portal and/or services at any time without prior notice from USERS who breach these General Terms and Conditions.
These conditions shall be subject to Spanish law. The courts of Palma de Mallorca shall have jurisdiction to hear any dispute arising from these conditions, except in the case that, according to the provisions of Royal Legislative Decree 1/2007, of 16 November, of Spain, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws of Spain, the other party is a consumer or user, in which case the courts of the consumer's place of residence shall have jurisdiction.
In compliance with the provisions of Law 7/2017, 2 November, of Spain, which transposes into Spanish law Directive 2013/11/EU of the European Parliament and the Council of 21 May 2013 on alternative dispute resolution in consumer matters, a link to the European Union's online dispute resolution platform is provided: https://ec.europa.eu/consumers/odr.
At the same time, on the following website https://www.consumo.gob.es/es/consumo/resoluci-n-alternativa-de-conflictos, you can consult the different entities for alternative dispute resolution in consumer matters through which complaints, suggestions and claims can be submitted.
Finally, official complaint forms are available to customers: https://cim.conselldemallorca.cat/sacws-api/arxiu/apiArxiuServlet?id=75640&lang=es. The deadline for lodging a complaint is three months, counting from the date on which the events giving rise to the complaint took place.
RIGHT OF WITHDRAWAL: This is the consumer's or user's right to cancel a contract in certain cases without stating the reason and without incurring any costs other than those provided for by law.
The right of withdrawal in distance contracts is regulated by Royal Legislative Decree 1/2007, of 16 November, of Spain, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws of Spain, empowering the consumer or user to cancel the contract for a period of fourteen calendar days without stating the reason and without incurring any costs other than those legally provided for.
However, by virtue of the provisions of Article 103 (l) of the aforementioned Royal Legislative Decree 1/2007 of Spain, the right of withdrawal shall not apply to contracts relating to the provision of accommodation services for purposes other than as a dwelling, transport of goods, car rental, food or services related to leisure activities, provided that the contracts provide for a specific date or period of performance.
Nor is this right applicable to passenger transport service contracts, by virtue of the provisions of Article 93 k) of Royal Legislative Decree 1/2007 of Spain, with the exception of Article 98.2. Thus, in the event that the consumer or user expresses their wish to withdraw from the contract and cancel the contracted tickets, the corresponding cancellation conditions will apply.
With regard to package travel contracts, by virtue of the provisions of Article 93 g) and 160 of Royal Legislative Decree 1/2007 of Spain, the traveller may terminate the contract at any time prior to the start of the trip; in such a case, the organising agency or, where appropriate, the retail agency, may require the traveller to pay an appropriate and justifiable penalty. The contract may specify a reasonable standard penalty based on how early the termination of the contract is in relation to the start of the journey and on the expected cost savings and income from the alternative use of the travel services.
If no standard penalty is provided for in the contract, the amount of the termination penalty shall be equal to the price of the package minus the cost savings and the revenue from the alternative use of the travel services.
Notwithstanding the above, where unavoidable and extraordinary circumstances occur at the place of destination or in the immediate vicinity that significantly affect the execution of the package or the transport of passengers to the place of destination, the traveller shall have the right to terminate the contract before the start of the contract without a penalty. In this case, the traveller shall be entitled to a full refund of any payment made, but no further compensation.