These general conditions of contracting the services of the website www.costadelsol-online.com hereinafter WEBSITE shall be governed by Spanish law, and the offer and formalisation of contracts shall be carried out in Spanish.
ACCESS TO THE WEBSITE
The USER may freely access the WEBSITE. The USER declares that all the information provided by him/her when making reservations is true and complete.
GENERAL INFORMATION
These General Conditions are subject to the provisions 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 laws, Law 7/1998, of 13 April, on General Contracting Conditions and other provisions in force.
The portal reserves the right to modify, limit or cancel the terms and conditions applicable to the WEBSITE referred to above. In any case, the conditions that were in force when the client formalised the reservation, or subsequent ones if these are more favourable to the interests of the consumer, will be applicable.
LOYMER TRAVEL SL reserves the right to deny or withdraw access to the Portal and/or the Services, at any time and without prior warning to those USERS who do not comply with these General Conditions.
These conditions shall be subject to Spanish law. The courts of Torre del Mar will be competent to hear any dispute arising from these conditions, except if, according to the provisions 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, the counterparty is a consumer or user, in which case the courts of the consumer's domicile will be competent.
CONTENT AND RESPONSIBILITY
LOYMER TRAVEL SL exploits the WEBSITE and, in particular, offers and, where appropriate, supplies the contents, products and services to the USER visiting the WEBSITE in the name and on behalf of tour operators of recognised prestige. In this sense, LOYMER TRAVEL SL has limited itself to including the service on the WEBSITE. Unless explicitly stated, under no circumstances may it be understood that LOYMER TRAVEL SL directly offers flights, car hire services, package tours, hotel and bus bookings and tourist or similar services.
The purchase of products/services through the WEBSITE means the acceptance by the USER of (i) these general conditions, (ii) the particular conditions applicable to the specific type of product/service to be contracted and (iii) the conditions of the supplier of the product/service.
In particular, in the case of low-cost airlines, the client's use of the WEBSITE to locate flights for the purposes of contracting them implies the client's direct submission to the general conditions of said airlines and to the general conditions of the websites of each of them, including those corresponding to personal data protection.
The USER agrees to accept and respect the terms and conditions of purchase established by the supplier with whom the reservation is made. Such conditions may include payment of any accrued amounts and compliance with any rules and restrictions on the availability of rates, products or services.
LOYMER TRAVEL SL makes available to consumers and users an information programme or brochure containing the corresponding written offer on the package trip and which must include clear, comprehensible and precise information on the destinations and means of transport, mentioning their characteristics and class, duration, itinerary and travel schedule.
The suppliers of products or services and the organisers/wholesalers who organise the package trip, each one within the scope of their respective obligations, will be responsible to the USER for the fulfilment of the obligations derived from the regulations in force and from the conditions of sale of each one of the products and services or package trips that are contracted, without LOYMER TRAVEL SL assuming any obligation or responsibility with regard 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. LOYMER TRAVEL SL may incorporate additional specific conditions that will be stated on the WEBSITE.
PURCHASE PROCESS AND PAYMENT METHODS
On the WEBSITE the reservation can be made in Spanish. 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 this reason it will be the responsibility of the USER any error made when introducing such data.
The document formalising the contract by means of which the client acquires any tourist product or service through the WEBSITE will be sent to the USER by e-mail. This email will contain information on the products and/or services contracted, their locator number, all the information relating to the method of payment, cancellation conditions, other useful information and, where appropriate, the sending of the documentation for their trip.
The purchase of any product will only be effective at the moment that LOYMER TRAVEL SL makes the charge in a valid way according to the chosen means of payment, being able to be cancelled by LOYMER TRAVEL SL until that moment.
The available means of payment are:
PAYMENT BY CREDIT OR DEBIT CARD. With debit cards the amount charged is automatically withdrawn from the associated account, with 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.
ORDINARY BANK TRANSFER. Once the booking has been made on our website, you must make a bank transfer within 24 working hours for the amount accepted. In the concept of the transfer you must include the locator that we will provide you at the end of this reservation. It is necessary that you send us a proof of the transfer to the following email: info@loymertravel.com
DIRECT PAYMENT AT THE HOTEL. The USER may pay directly at the hotel when this is specifically provided for this type of service. LOYMER TRAVEL SL will request your credit card details ONLY AS A GUARANTEE. The hotel may only use these details to charge cancellation fees in the event of cancellation of the reservation or no-show at the hotel establishment.
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 implies a commitment on the part of the client to authorise the charge for the full amount of the product, service or package contracted.
RIGHT OF WITHDRAWAL
This is the power of the user to terminate a contract in certain cases without having to justify his decision or incur any penalty.
Pursuant to article 103 section l) of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, 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, if the contracts provide for a specific date or period of performance.
With regard to passenger transport, according to Article 93 k) of Royal Legislative Decree 1/2007 approving the Consolidated Text of the General Law for the Defence of Consumers and Users, the regulation of distance sales (with the exception of Article 98.2) does not apply to passenger transport service contracts. Therefore, the right of withdrawal does not apply to passenger transport service bookings. Thus, in the event that the USER expresses his/her wish to cancel the contracted tickets, the cancellation conditions of the company in question shall apply.
With regard to package tours, Article 160 of the same legal text provides that the USER may at any time cancel the services requested or contracted, and is entitled to a refund of the amounts paid, but must compensate the organiser or the retailer in the following amounts, unless such termination is due to force majeure.
Cancellation of the trip, for any reason not attributable to the consumer, entitles the consumer to terminate the contract with the rights provided for.
If the cancellation of the trip is communicated within the two months prior to departure, LOYMER TRAVEL SL shall pay the consumer compensation depending on the time remaining before departure, which shall be at least:
a) 5% of the price of the trip if it is more than 15 days but less than 2 months in advance.
b) 10% of the price of the trip, if it is made between 15 and 3 days in advance.
c) 25% of the price of the trip, if it takes place within 48 hours prior to departure.
In the event of no-show at departure, the consumer and user is obliged to pay the full amount of the trip, paying, where appropriate, the outstanding amounts, unless otherwise agreed between the parties.
In the event that the package is subject to special economic conditions of contract, such as chartering of aircraft, ships or special fares, the cancellation charges shall be established in accordance with the conditions agreed between the parties.
There is no obligation to compensate in the following cases:
a) When the cancellation is due to the fact that the number of persons registered is less than the number of persons required in the brochure or in the contract for the package.
In this case, the agency must communicate the cancellation in writing to the consumer before the deadline set in the brochure or contract.
b) When the cancellation of the trip is due to force majeure. Force majeure causes are circumstances beyond the agency's control, abnormal and unforeseeable, the consequences of which could not have been avoided, despite having acted with due diligence.
INTELLECTUAL AND INDUSTRIAL PROPERTY
LOYMER TRAVEL SL 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 LOYMER TRAVEL SL or its licensors. All rights reserved. Pursuant to the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, 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, are expressly prohibited without the authorisation of LOYMER TRAVEL SL. The USER undertakes to respect the Intellectual and Industrial Property rights owned by LOYMER TRAVEL SL. The USER may view the elements of the portal and even print them, copy them and store them on the hard disk of their computer or on any other physical medium as long as this is solely and exclusively for their personal and private use. El USUARIO deberá abstenerse de suprimir, alterar, eludir o manipular cualquier dispositivo de protección o sistema de seguridad que estuviera instalado en las páginas de LOYMER TRAVEL SL
