1. PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS:
On the one hand, the provider of the products, ESTYOFI , S.L. (hereinafter also the "Provider"), with registered office at Plaça Tetuán, 30, 08010 Barcelona, (Barcelona), N.I.F. B08345753, Customer Service phone number 902130014, and e-mail: firstname.lastname@example.org, being the owner of the website www.viatgesplus.com , exposes the contractual document that will govern the contracting of products through the website reviewed.
And on the other hand, the "User - Client" (hereinafter the User), who is registered on the website by means of both a username and password, with full responsibility for their use and custody, being accountable for the veracity of the personal data submitted to the provider.
The Parties BOTH ACCEPT this document, with the following implications whereas the user:
a. Has read, understood and agreed with this text.
b. Declares being a person of legal age and with sufficient capacity to enter into agreements and be bound to the conditions herein inserted.
c. To assume all the obligations set forth herein.
d. You have read and accepted these general purchasing conditions from the moment you purchase any of the products that are offered.
This document can be printed and stored by the Users.
In case the Users have any questions regarding these conditions, they may contact the Provider through their contact e-mail address, email@example.com.
The present conditions will have an indefinite period of validity and will be applicable to all the agreements made through the website of the Provider. The Provider, with the objective of improving the products offered, reserves the right to unilaterally modify these General Contracting Conditions, without it affecting the goods or special offers that were acquired prior to the modification. In any case, these general conditions must be reviewed prior to purchasing the products. It is advisable that you keep a copy of the data included within the purchased products.
ESTYOFI , S.L. is not responsible for any loss of data, files, or any damage that may result from the User’s failure to backup the data included in the purchased products, such as memory cards.
ESTYOFI , S.L. is not responsible for any and all consequences that may result from improper use of the products that are sold on the web.
The civil liability of ESTYOFI , S.L. for the products supplied is limited to the amount of the same, and at the same time, the User waives to claim any liability to the Provider for any case related to the dissatisfaction of the products purchased on the website www.viatgesplus.com , as well as any possible failures, slow access, or errors in accessing the web, which may include the loss of data or other information that may exist in the computer or network of the User accessing the web.
2. OBJECT OF THE AGREEMENT:
2.1 Scope of application: The purpose of this agreement is to regulate the contractual purchase-sale relationship between the Provider and the User, which begins at the moment the User accepts by checking the corresponding box during the online contracting process, implying their acknowledgement and agreement to these purchasing conditions. These GCC will apply from the day the order is placed.
The contractual purchase-sale relationship includes the delivery of a specific product, in exchange for a specific price that is publicly exposed through the website.
2.2 Territory of application: The virtual store of www.viatgesplus.com is active worldwide.
2.3 Legal capacity: To be able to place an order, you must be of legal age and have the required legal capacity to contract the services outlined in the Website.
2.4 Consent of the Client: The validation of an order through the web http://viatgesplus.com/ is executed by email, which also implies the automatic acceptance of the GCC. These conditions are available on the website www.viatgesplus.com or, if desired and requested, can be made available to you by email.
2.5. Modification of the General Contracting Conditions: ESTYOFI , S.L. reserves the right to make changes and / or modifications to these GCC. We advise our clients to check and review them regularly. In the event that these changes or modifications were introduced after an order was placed, the conditions that will apply will be those of the date on which the order was placed.
3. INFORMATION PROVIDED ON THE WEB www.viatgesplus.com:
3.1 Publication of prices: Exceptionally, the prices of the products shown on our website can be specified with errors and show a lower price than the actual corresponding price. In such event,and if we have already confirmed your order, we will contact you immediately in order to issue a new order confirmation that includes the correct price. In cases in which the actual corresponding price is higher, you may cancel your order and we will reimburse you for any amount that you have already paid.
3.2 Product information: The information contained in our advertising, brochures, and other written material, that can be either shown on our website or provided by our any of our agents and/or employees, all constitute an invitation to make a deal. This information does not constitute an offer to supply any product on our behalf.
The contents of www.viatgesplus.com are constantly renewed and updated in order to offer our clients the most complete and detailed information possible. As a result, it is possible that the contents may show, on exceptional occasions, provisional information in relation to some of the products. In the event that the information provided does not correspond to the characteristics of the product, the client will have the right to cancel the purchase without any cost on their behalf.
All contractual information on the website is displayed in Spanish and communication with customers and Users, as well as the formalization of the contract, will be made in this language, although, if desired, the client may request to be addressed in another language, as long as there is an indication to such request prior to beginning the contracting procedure.
3.3 Fraud: If any anomaly or fraud is suspected and detected, ESTYOFI, S.L reserves the right to cancel the transaction for security reasons.
4. PURCHASE PROCEDURE:
Please check the Spam and Spam controls in your e-mail Inbox and always verify that the contact information you provide is correct.
In any case, the Provider’s contracting platform will inform the User, once the contracting procedure is finished by means of an e-mail, which includes all the characteristics, price, transportations means, date of contracting, and estimated delivery of the purchased product(s).
If there is any type of error in the indicated address or in any other part of the order, you must immediately notify such error to the Customer Service e-mail address that will appear on the web, in order to proceed to its correction.
If you have any questions, you may contact our Customer Service through any of the methods provided on the website www.viatgesplus.com and can obtain more information of your purchase writing an e-mail to firstname.lastname@example.org
ESTYOFI, S.L. puts at your disposal contact telephone numbers in Spain, and calling fees are subject to those established by your telephone operator.
5. PRICES AND VALIDITY PERIOD OF THE OFFERS:
All prices displayed in the www.viatgesplus.com store include the VAT in force at the time of purchase. All the prices that appear on the website are valid, except those with typographical errors or related to products no longer in stock, and in any case, they will be expressed in Euro currency (€).
Reimbursement for returns: In the case of the return or cancellation of the service within the framework of the particular conditions of purchase of each service, the reimbursement of the amounts paid will be made through your credit card.
The consumer has the power to give up the contracted trip at any time before departure.
1. In the case of regular line tickets sold by Viatges Plus, users who have purchased a ticket can cancel it at least two hours in advance of the departure time of the corresponding vehicle, paying a percentage in the form of penalty if the dismissal occurs:
a) With a minimum of forty-eight hours before the departure time of the vehicle, Viatges Plus will return the amount corresponding to 90% of the ticket amount.
b) After the period indicated in section a), but with a minimum of two hours in advance of the departure of the vehicle, Viatges Plus will return the amount corresponding to 70% of the amount of the ticket.
c) The consumer will not have to pay any percentage as a penalty if the dismissal occurs due to force majeure. For these purposes, the death, accident or serious illness of the consumer or one of the persons with whom he or she lives or any other analogous case that prevents him from participating in the trip will be considered a cause of force majeure.
When the dismissal takes place less than 2 hours in advance, there will be no right to any refund. In the case of return tickets, the anticipation in the dismissal will be taken into consideration with respect to the date and time of the departure, in no case will be taken into consideration of the date and time of return.
2. In the case of combined trips, if this disapproval occurs within 15 days prior to the departure of the trip, the user must pay a penalty based on the time remaining for the departure, which will be:
a) 5% of the price of the trip, if it occurs in advance of more than 10 days and less than 15.
b) 15% of the price of the trip, if it takes place in advance between 10 and 2 days.
c) 25% of the price of the trip, if it occurs within 48 hours before the departure.
d) The consumer will not have to pay any percentage as a penalty if the dismissal is due to force majeure. For these purposes, the death, accident or serious illness of the consumer or one of the persons with whom he or she lives or any other analogous case that prevents him from participating in the trip will be considered a cause of force majeure.
When the dismissal takes place less than 2 hours in advance, there will be no right to any refund.
In all cases, the consumer will have to pay the management and cancellation expenses that will result in a dismissal.
The dismissal produces effects from the moment in which Viatges Plus is aware of the will to stop making the trip on the part of the consumer.
Once the dismissal has been known, the agency will reimburse the consumer for these amounts within a maximum period of one month, after deducting the management expenses, and, where applicable, the justified expenses for cancellation and penalties
If the combined trip is subject to special economic conditions of contracting, management expenses, cancellation fees and penalties will be those that explicitly indicate the booklet for this trip or those specifically agreed upon in the contract document.
7. APPLICABLE LAW AND JURISDICTION:
These conditions will be governed or interpreted in accordance with Spanish legislation in those matters that are not expressly established. In reference to the products and services that are subject to these Conditions, the Provider and the User agree to submit any dispute that may arise in such matters, to the Courts pertaining to the domicile of the Provider (if it is a legal entity) or the User (if it is a natural person).
In the event that the User has its domicile outside of Spain, the Provider and the User, expressly waive any other forum, submitting to the Courts of the city of Barcelona (Spain).