Terms & Conditions
Tour Marbella, owner of the Website www.tourmarbella.com (hereinafter the “Website”), is a company dedicated to managing the reservation and sale of activities, excursions, guided tours and other tourist activities in different parts of the Andalusia for those users who are interested in contracting these services. Tour Marbella provides users with a platform www.tourmarbella.com through which a natural or legal person (hereinafter, the “User”) can book tourist activities, excursions, guided tours and transfers.
The details of Tour Marbella are as follows:
Holder: Tour Marbella
Address: Los Claveles 2, 1ºA San Pedro Alcántara 29670, Málaga
Contact email: firstname.lastname@example.org
1.- ACCEPTANCE OF THE GENERAL CONDITIONS OF USE AND ACCESS TO THE WEBSITE
By accessing, viewing or using the materials, content or services accessible through the Website, the User acknowledges that he or she understands and accepts these General Conditions of Use, which define the rights and obligations of Tour Marbella and the User to contract the services of tourist activities, excursions, guided tours and transfers.
These are the only General Conditions of Use applicable to the use of the Website (without prejudice to the fact that for certain services particular conditions may exist) and to the contracting of the services, and replace any other conditions, unless previously agreed upon in writing between Tour Marbella and the User.
Access to the Website does not require Users to register. However, in order to contract the services offered by Tour Marbella, the User will be required to register and accept these conditions before formalizing the corresponding payment.
2.- PURPOSE OF THE WEBSITE
Tour Marbella has developed this website to offer the user a booking service for activities, excursions and guided tours in different areas of Andalusia.
In addition, Tour Marbella offers through the Website a pick-up and transfer service that allows the User to have a private or shared vehicle to pick him/her up and transfer him/her from one point to another within the destination cities where Tour Marbella offers this service.
Tour Marbella informs you that some of the activities, excursions and guided tours, as well as the transfers may be services provided directly by third party companies collaborating with Tour Marbella (hereinafter referred to as the Provider(s)). Therefore, in these cases, Tour Marbella EXCLUSIVELY LIMITS ITSSELF TO OFFERING THROUGH THE WEBSITE A RESERVATION SERVICE FOR ACTIVITIES, EXCURSIONS, GUIDED VISITS AND TRANSFERS, IN DIFFERENT AREAS OF ANDALUSIA, WHICH ARE DIRECTLY PROVIDED BY THE PROVIDER(S).
Likewise, through the Website, Tour Marbella provides its users with free travel guides to different destinations, which include photographs, information on transport, most important tourist points, an interactive map and various recommendations and advice related to the destination. The access and consultation of the mentioned free travel guides can only be done online and its commercialization is prohibited. The User accepts this extreme and is responsible for its undue and unauthorized use.
In general, the contracting of the services offered by Tour Marbella will be carried out between the User and Tour Marbella, although in relation to certain Providers and services, Tour Marbella will limit itself to providing its Website as an online platform through which the Providers offer their Services so that they can be contracted directly by the users. In the voucher for the activity, the contracting modality will be indicated.
In the latter case, the User, at the time of booking, shall establish a direct contractual relationship with the Provider with whom he has booked the activity or transfer. Tour Marbella will only act as an intermediary between the User and the Provider, limiting itself to transmitting the relevant booking data to the Provider and sending the User a booking confirmation email on behalf of the Provider.
The information displayed by Tour Marbella through its Website for the provision of services is in any case based on the information delivered by the Providers.
3.- RESERVATION IN Tour Marbella AND REGISTRATION ON THE WEBSITE
In order to make reservations through the Website, the User will have to provide their personal details (name, surname, email, telephone and mobile), or if applicable the details of the person on whose behalf the activity or transfer is being reserved, so that Tour Marbella can make the reservation requested by the User.
In addition, Users may also create a User Account by completing the registration form provided by the Website. Through this account, the User will create a profile that will allow him/her to have a private area through which he/she can manage all the reservations made through the Website.
By virtue of these General Conditions of Use, the Users declare that they are providing true, exact, current and complete information about their identity, or if applicable about the person on whose behalf they are booking the activity or transfer. In this regard, Users shall be responsible for the accuracy of the data provided to Tour Marbella and for any consequences that may arise from errors in the information provided.
Users shall be fully responsible for the use of their account. Consequently, they shall be responsible for the adequate custody and confidentiality of the User name and/or passwords that allow access to their account, and agree not to cede their use to third parties, either temporarily or permanently, nor to allow access to them by third parties.
In accordance with the above, Users shall immediately notify Tour Marbella by email at email@example.com of any misuse of their User name and/or password due to circumstances such as theft, loss or unauthorized access to them, so that Tour Marbella may proceed to cancel or block and/or disable them as soon as it becomes known that their User account has been misused. Until such time as such facts are reported, Tour Marbella shall be exempt from any liability that may arise from the misuse of User names or passwords by unauthorized third parties.
4.- SPECIFIC CONDITIONS REGARDING THE BOOKING OF ACTIVITIES, EXCURSIONS AND GUIDED TOURS
The reservations made by each User through the Website are subject to the specific conditions applicable to each activity, excursion or guided tour. The User can find these conditions in the description sheet of the Website for each of these services, as well as in the confirmation email sent to him/her by Tour Marbella once the reservation has been made.
4.1.- General conditions applicable to all reservations.
In general, the reservation of activities, excursions and guided tours promoted by Tour Marbella through the Website 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 and do not allow any type of modification in this regard. It would only be possible to modify the date and time of an activity, excursion and guided tour if the User has contracted a private service. Some private services can be booked directly online from the experience section and in case it does not appear in this section through the web contact form available at www.tourmarbella.com/#contacto or at the email firstname.lastname@example.org. In any case, the response of Tour Marbella will depend on the availability of the moment.
Users may modify their reservation data if the conditions of the activity, excursion and/or guided tour allow it. In order to make this modification, the User must contact Tour Marbella through the form available at www.tourmarbella.com/#contacto or by email at email@example.com.
The minimum time in advance for each reservation varies depending on the activity, excursion and/or guided tour you wish to book. This aspect in particular can be seen in the file of the activity itself on the Website. Tour Marbella informs you that it is not possible to book an activity with less advance notice than indicated in the corresponding activity sheet.
To book an activity, excursion or guided tour privately, please contact Tour Marbella through the contact form available at the following link: www.tourmarbella.com/#contacto or by email firstname.lastname@example.org.
4.2.- Specific conditions related to the information of the activity, excursion and/or guided visit reserved.
The meeting point, date, time, duration and all the necessary information for the enjoyment of the activity, excursion and/or guided tour reserved, is detailed in the description sheet of each service, on the Website, as well as in the confirmation email that Tour Marbella sends to the User once the reservation has been made.
In the confirmation email, in addition to providing all the information about the booked service, Tour Marbella may provide the User with a voucher for the booked activity, excursion and/or guided tour or Tour Marbella will inform the User about the receipt of an email from the Provider with the voucher so that the User can present it to the Provider before the beginning of the activity or once it has been completed, according to the conditions established by the Provider.
It is essential that Users are punctual and present themselves at the meeting point at the time and date indicated on their voucher, since all the activities, excursions and guided tours are scheduled to leave at a specific time and it is not possible to change the start time.
The duration of the activities, excursions and guided tours published on the Website are for reference purposes only and may be subject to slight variations depending on the development of the service itself, or by any factor external to the Provider and/or Tour Marbella such as, for example, bad weather, road traffic problems, strikes, etc.
If, once at the destination, the Users have any questions regarding the service booked, and in particular, regarding the meeting point of the activity, excursion or visit, the Users may contact the Guide/Provider at the contact telephone number that appears on the voucher that Tour Marbella gave to them when confirming the reservation.
Tour Marbella informs you that the Guide/Provider may require you to hand in the voucher that proves the booking of the activity before the beginning of the activity. Tour Marbella will not assume any responsibility if the User does not present the voucher to the Guide/Provider.
5.- SPECIFIC CONDITIONS FOR TRANSFER RESERVATIONS
Each of the transfers offered by Tour Marbella on the Website is subject to certain specific conditions, which Users may consult in the description sheet of the transfer in question (located on the Website), or in the confirmation email sent to you by Tour Marbella when you make your reservation.
Without prejudice to the above, Users should take into account the following points:
No supplements for luggage: The prices on the Tour Marbella Website are final and do not include any supplements for luggage (as long as it fits in the reserved vehicle). The price indicated on the website is per vehicle and includes tolls and driver’s tips. In cases where the luggage exceeds the capacity of the reserved vehicle, an economic supplement will be charged.
Private service: The transfer service offered by Tour Marbella is private, so the vehicle can only be used by users who have contracted this service. In some destinations, there will be the option of choosing to share the transfer with other clients optionally with more competitive rates.
Vehicle seats: The number of seats indicated on the Web Site is the maximum number of people that can travel in the vehicle besides the driver. Please note that children occupy a seat as well as adults.
Pick up time: In the transfers with origin in the airport, the User must indicate the flight number and the scheduled arrival time of his flight. In the transfers that have origin in a specific point of the destination, the User must only indicate the time in which he wants to be picked up.
Modification of the reserved transfer: The User can modify the transfer whenever the conditions of the service he has contracted allow it. In any case, the User can make the corresponding modification through the email address provided by Tour Marbella in the service confirmation email.
Contact with the driver: In the confirmation email of the reservation made by the User, Tour Marbella will detail the name, email and emergency number of the Provider (or in its case, the driver) in case the User does not find the driver or has any problem.
Stops along the contracted route: If the Users have to make a stop along the route (for example, if the Users of the vehicle stay in different hotels or have to pick up some keys to be able to enter their apartment), these stops will be charged with an economic supplement, depending on the city where the vehicle is located.
Location of the destination: In case the destination address is outside the central area of the city, the transfer will carry an economic supplement.
Modifications of the agreed route: In case the User decides to make modifications in the agreed routes, there may be economic supplements on the route. These economic supplements will be the responsibility of the User.
6.- ECONOMIC CONDITIONS OF CONTRACTING
The reservation of the services of Tour Marbella will be understood to be formalized once the Users have completed and accepted the reservation form for the activity or the transfer and this has been confirmed, after the reservation process has been correctly completed and the payment has been correctly made.
The prices will be those indicated by Tour Marbella at the time of booking the activity or transfer chosen by the User. All services are immediately confirmed and paid for at the time of booking by credit or debit card (Visa or Mastercard) or by PayPal.
In general, Tour Marbella charges the full amount for the activity, tour, guided visit and/or transfer booked by the User through the Website. However, there are certain services whose providers allow the user to pay for a portion of the total service at the time of booking and the user to pay the remaining amount at the time of the activity, excursion, tour or transfer. In any case, this aspect depends on the conditions of each Provider.
In general, Tour Marbella will not apply discounts in the provision of its services, unless this is established in the conditions of the activity, excursion, guided tour and/or transfer that corresponds.
Once the reservation has been made, Users will receive a confirmation email confirming the payment of the contracted service and providing a purchase receipt for the contracted services. The User must take into account that this receipt is not the same as the invoice for the services contracted. The User may request the invoice once he/she has formalized the reservation through the Website.
The documentation necessary to carry out the excursion or activity will be sent via email to the User by the Service Provider. In the event that the reservation is cancelled in accordance with section 7 of these General Conditions of Use, Tour Marbella will proceed to issue the appropriate corrective documents to the User.
In the event that the services are presented within the national territory, Tour Marbella will issue an invoice for the provision of services as an intermediary in the name and on behalf of the Provider, under the provisions of Additional Provision 4 of Royal Decree 1619/2012 of 30 November, which approves the regulations governing invoicing obligations.
Tour Marbella must be notified of any undue or fraudulent charges on the card used for the purchase through www.tourmarbella.com/#contacto or the email email@example.com, in the shortest time possible so that Tour Marbella can make the appropriate arrangements.
7.- POLÍTICA DE CANCELACIONES
Sin perjuicio de los derechos del Usuario en materia de cancelaciones de servicios de viajes combinados a los que le sea de aplicación lo establecido en el Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias (en adelante, “Ley General de Consumidores y Usuarios”), cada uno de los servicios promocionados por Tour Marbella en el Sitio Web (actividades, excursiones, visitas guiadas y traslados) cuenta con una política de cancelaciones específica, que el Usuario podrá consultar en la ficha de descripción de la actividad (en el Sitio Web), así como en el email de confirmación que Tour Marbella le envíe una vez haya realizado la reserva.
Por lo tanto, a cada servicio le serán aplicables sus condiciones específicas de cancelación, las cuales establecerán el plazo de cancelación y si hay algún tipo de penalización o no.
En definitiva, Tour Marbella gestionará las cancelaciones conforme lo dispuesto en la política de cancelación de cada actividad, excursión, visita guiada y/o traslado.
En el caso de que el Proveedor no tenga disponibilidad en la fecha contratada, se ofrecerá una alternativa de fecha u horario al Usuario, que deberá ser aceptada o rechazada por el mismo en un plazo de 72 horas, desde la notificación de la modificación en la reserva. En caso de no recibir contestación en el plazo establecido o en caso de rechazar la modificación, la reserva se cancelará y el importe de la misma se reintegrará con carácter inmediato al Usuario. En cualquier caso, Tour Marbella emitirá la documentación rectificativa oportuna.
DE CONFORMIDAD CON LO ANTERIOR, Y MEDIANTE LA ACEPTACIÓN DE LAS PRESENTES CONDICIONES GENERALES DE USO, LOS USUARIOS DECLARAN HABER LEÍDO Y ACEPTADO EXPRESAMENTE LA PRESENTE POLÍTICA DE CANCELACIONES Y MANIFIESTAN ESTAR DE ACUERDO CON LAS CONDICIONES DE CANCELACIÓN DE LA ACTIVIDAD, EXCURSIÓN, VISITA GUIADA Y/O TRASLADO QUE RESERVEN A TRAVÉS DEL SITIO WEB.
8.- CONDUCT ON THE WEBSITE
Users undertake to make lawful, diligent, honest and correct use of all information or content accessed through the Website, and all of this under the principles of good faith and respecting at all times the current legislation and these General Conditions of Use. In particular, but without limitation, Users shall not:
i. Register or communicate data that is not true, accurate, complete and/or updated, nor access the Website using the name, identification data or password of another User or impersonate any person or identity.
ii. Use the Website for fraudulent purposes, or in connection with criminal offences or illegal activities of any kind.
iii. Introduce or disseminate computer viruses that may cause unauthorized alterations to the content or systems that make up the Website.
iv. Create a Profile or use the Website to use or re-use material that is illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening in any way, or that infringes on copyright, trademarks or confidentiality, privacy or any other rights, or is otherwise injurious or objectionable to third parties.
v. Download, post or otherwise distribute content or applications that may violate any applicable law or infringe any right of any party.
Tour Marbella reserves the right to deny any attempt to access the Website, cancel user accounts or even reservations in cases where the Website is misused in accordance with this clause.
9.- OPINIONS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Users who have booked activities, excursions, guided tours and/or transfers through Tour Marbella may publish their opinions and ratings on the Website.
To do so, Tour Marbella will send an email to the User, when the activity or transfer has been completed, so that the User can evaluate the experience and service provided by Tour Marbella.
When Tour Marbella receives the User’s opinion and rating, it will review it and publish it as soon as possible on the Website.
In any case, Tour Marbella will publish Users’ opinions provided that the content of such opinions is not illegal, obscene, abusive, threatening, defamatory, invades the privacy of others, or is otherwise objectionable to others, and provided that the content does not incorporate advertisements or links to other websites and/or the opinion does not correspond to the service rated.
In particular, Tour Marbella reserves the right not to publish those opinions whose content may include the following expressions:
i. Discriminatory Expressions: In no case will it be permitted expressions that go against an individual and that violate the principles of the right to honour, personal and family privacy, one’s own image and the dignity of the person. Any type of discriminatory publication is prohibited, whether on the grounds of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance.
ii. Illegal activities: It is not allowed that the contents promote illegal activities or incorporate obscene or defamatory content.
iii. Violence: It is expressly forbidden for opinions to contain expressions that promote violence and/or include, without limitation, sexual violence or violence against animals and people.
iv. Degrading content: Opinions or comments that are intimidating, threatening, degrading or in any way promote violence against a person or a group are not permitted.
Communications between Tour Marbella and the Users will be made in writing by email with acknowledgement of receipt or by any other means which states the receipt and content of the communication.
i. Communications to Tour Marbella should be sent to: firstname.lastname@example.org or www.tourmarbella.com/#contacto
ii. Communications to Users: the registration email will be used.
10.- EXCLUSION OF LIABILITY
Without prejudice to the responsibility for the package travel services to which the provisions of the General Law of Consumers and Users apply, and by way of illustration, but not limitation, Tour Marbella is not responsible for the following circumstances:
i. For cancellations made out of time by Users. Tour Marbella will not be responsible under any circumstances for the return of any amounts paid by its Users when they have not complied with the cancellation period foreseen in the cancellation policy applicable to each service.
ii. For any delays or errors made by the Users to arrive at the meeting point of the activity, excursion, guided tour and/or transfer reserved. That is, Tour Marbella will not assume any responsibility if the User misses the activity or transfer booked due to lack of punctuality and/or not being at the corresponding meeting point.
iii. In the event that the Provider denies the User access to the corresponding activity, excursion and/or guided tour when the User does not have the corresponding voucher printed on paper and/or downloaded to his/her mobile phone (as required in each case by the Provider).
iv. For damages and thefts affecting Users and their property during the enjoyment of the activities, excursions and guided tours and/or during the contracted transfer service.
v. Of the injuries, damages and accidents that the User may suffer during the enjoyment of the activity, excursion, guided visit and/or transfer booked, as well as those injuries, damages and accidents suffered by the User before the service and that have prevented him/her from enjoying it.
vi. In cases where the vehicle reserved for the transfer does not go to the pick-up point when the information provided by the User regarding the times and pick-up point is erroneous or misleading.
vii. The loss of flights, trains, buses or any other means of transport, as a result of not having requested the transfer service within the time period recommended by Tour Marbella. The User is solely responsible for knowing the departure time of his/her flight/train/bus and requesting the pick-up service with sufficient time.
viii. Of the weather conditions in which the Provider carries out the activities, excursions and guided tours reserved by the Users. Under no circumstances will Tour Marbella be responsible for these circumstances, so the service will be understood to be correctly provided.
ix. For the quality and suitability of the service contracted by the User.
x. For the cases in which the activities, excursions or guided tours have been completed in respect of all the points of interest included in these, even if the duration has suffered a slight variation due to any factor external to the Provider and/or Tour Marbella. In this situation, it will be understood that the service has been correctly provided.
xi. Complaints and claims regarding the service contracted by the User must be managed with the Service Provider, without prejudice to the fact that Tour Marbella may collaborate with the User to deal with their claims.
In addition, and in those cases where the User contracts the services directly with the Provider, Tour Marbella will not be responsible:
xii. For the compliance of any tax obligation of declaration, payment or any other type that derives or is a consequence of the service provided by the Provider. Tour Marbella shall not be liable for any tax liability in relation to the services provided by the Provider.
Furthermore, Tour Marbella does not give any guarantee nor is it responsible, in any case, for damages of any nature that may arise from the access or use of the content or the Website. Among others, and by way of illustration and not limitation, Tour Marbella shall not be liable for the following circumstances:
xiii. Lack of availability, maintenance and effective operation of the Website and/or its services or content, as well as for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website.
xiv. Technical failures attributable to third parties or to force majeure that prevent the proper functioning of the Website.
xv. In the event 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 circumstances beyond the control of Tour Marbella that prevent the normal use of the Website.
xvi. 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.
Tour Marbella reserves the right to take legal action against Users as a consequence of the commission of the acts described in this section, and in general, for failure to comply with these Terms and Conditions of Use.
11.- INTELLECTUAL PROPERTY
11.1.- Intellectual and Industrial Property relating to the Website owned by Tour Marbella
All rights to the content, design and source code of this Website and in particular, but not limited to, all rights to the photographs, images, text, logos, designs, trademarks, trade names, data included on the Website and any other intellectual and industrial property rights are owned by Tour Marbella, or by third parties who have expressly authorized Tour Marbella to use them on the Website.
Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996 of 12 April, which approves the revised text of the Intellectual Property Law, regularising, clarifying and harmonising the legal provisions in force on the subject (hereinafter, “Intellectual Property Law”), as well as in Law 17/2001 of 7 December on Trademarks and complementary legislation on intellectual and industrial property, The reproduction, transmission, adaptation, translation, distribution, public communication, including making available, of all or part of the contents of the Website, in any form and by any technical means, is expressly prohibited, except with the express written permission of Tour Marbella.
Tour Marbella does not grant any licence or authorisation of use of any kind over its intellectual and industrial property rights or over any other property or right related to the Website, and in no case shall access and navigation by Users imply a waiver, transmission, licence or total or partial assignment of such rights by Tour Marbella.
Any use of these contents not previously authorised by the User will be considered a serious breach of the intellectual or industrial property rights and will give rise to the legally established responsibilities.
11.2.- Intellectual property relating to the opinions of the Users published on the Website.
As the Website allows the publication of opinions, Users grant Tour Marbella a universal, unrestricted and free licence for the use, distribution, public communication, adaptation and reproduction of such opinions. Through the aforementioned licence Tour Marbella may transform, adapt and ultimately use the opinions of the Users for advertising and promotional purposes on the websites and social networks owned by Tour Marbella.
Tour Marbella reserves the right to make as many modifications to these Terms and Conditions of Use as it deems appropriate, in which case Users will be notified in advance. These modifications will be valid from the moment they are published on the Website.
13.- SAFEGUARD CLAUSE
All the clauses or extremes of these General Conditions of Use must be interpreted independently and autonomously, the rest of the stipulations not being affected in case one of them has been declared null and void by a judicial sentence or final arbitration resolution. The affected clause or clauses will be replaced by another or others that preserve the effects sought by the General Conditions of Use.
14.- JURISDICTION AND APPLICABLE LEGISLATION
The present General Conditions of Use will be governed by Spanish legislation. In the event of any dispute over the interpretation, execution or validity of these General Conditions of Use, the Courts of the User shall be competent.
By virtue of the provisions of Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013 on the resolution of online consumer disputes, Tour Marbella also informs you that, in the event of a dispute, Users who are residents of the European Union may turn to the “Online Platform for Dispute Resolution” developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services by Tour Marbella.
To access the “Online Platform for Conflict Resolution” you can do so via the following link: http://ec.europa.eu/consumers/odr/
In any case, Tour Marbella informs the User that it has a Claim Form through which you can make any complaint or claim in relation to the services provided by Tour Marbella.