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This site belongs to Mandala Tours, S.L., with registered office at C / Faisán 18, 3ºE, Granada and N.I.F. B51037471, with travel agency license C.I.AN-187782-2, a company dedicated to tourist information, travel guides and the organization of trips and leisure plans.
The Legal Notice published on this website identifies the owner as established in Art. 10 of the Law on Services of the Information Society and Electronic Commerce and section “Privacy Policy” contains information on the Personal Data Protection policy.
The services offered on this page are intended for consumption, so the contract is perfected at the time the customer makes the payment for the trip. For this reason, the company that owns the site recommends the full reading of the legal notice and these general conditions before perfecting the contract. These General Conditions constitute a contractual framework between our company and the User, and will only be replaced by the Particular Conditions integrated in the files of the services that make up the web catalog and in the combined travel contract.
The contracts are carried out within the legal framework established for Electronic Commerce by Law 34/2002 on Services of the Information Society and Electronic Commerce, Law 7/1998, of April 13, on general contracting conditions, and Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the defense of consumers and users.
This website is available freely and free of charge to all Users (hereinafter, the User), subject to these general terms and conditions. When the User browses and/or performs any action on the website, he/she accepts these terms and conditions. Although this website is free to browse, in no case will it be liable for any mobile data consumption expenses incurred by the User when using it if he is not connected to WiFi.
The acceptance of these Conditions, requirement for the use of the web and the functionalities that could integrate Mandala Tours, converts the client into a User, who is subject to them in their entirety: by accessing the website it is understood that he has read, understood and accepted the conditions of use, cookies and privacy policy of the same expressly and without reservation.
This website is solely and exclusively for the personal use of the User. Modification, reproduction, duplication, copying, distribution, sale, resale and other forms of exploitation for commercial or equivalent purposes are prohibited.
These conditions are written in Spanish in their original version, so if the User accesses any translation into another language whose interpretation is discrepant, the Spanish version will predominate.
The User undertakes to use the services and contents of this website in accordance with the Law and the general and particular terms and conditions of the services offered at all times, and must refrain from using them to:
Limitation of Liability
Mandala Tours will make all reasonable efforts within its control and management capacity to guarantee and maintain adequate availability of the website at all times for its Users. However, the availability and proper functioning of the website may be impaired, slowed down or made impossible due to uncontrollable factors beyond the responsibility of Mandala Tours, factors such as, but not limited to, the operation of the search engines of third-party providers with which it links to integrate its products or services into its catalogs, cache incidents or the quality of the User’s internet connection.
Our company reserves the right to modify, replace, delete, add, at any time, any information contained on its website.
Mandala Tours reserves the right to integrate advertising on the web. It also states that it has no capacity to control the programming, contents and legality of such advertising, becoming solely responsible for the provider of the services that are advertised.
Mandala Tours also reserves the right to interrupt the service temporarily without prejudice to orders already formalized.
Mandala Tours It will be responsible for the correct functioning of the website and the platform within its scope and control capacity in response to the specific incidence and its individual intervention in the development and maintenance of the module from which the incident has been derived, given that certain functionalities of the platform are partially supported by other technological partners of Mandala Tours
Mandala Tours is not responsible for any damages that the User may suffer when using this website or the platform, such as temporary interruptions, manipulations, viruses or other harmful element, inconvenience or incident of any kind, confirming that Mandala Tours has taken and applies all the necessary security measures for the development of its activity.
Industrial and intellectual property
All the contents of the website and the platform Mandala Tours, including content, trademarks, graphics, logos, icons, buttons, images and software, as well as the selection, collection, arrangement, programming, design and assembly of all content on the website and platform are the property of Mandala Tours, its suppliers and its technological collaborators and are protected by national and international industrial and intellectual property regulations.
Any use of the content or photographs of the website and the platform, including the reproduction, modification, distribution, transmission, subsequent publication, exhibition or total or partial representation thereof without the express consent of Mandala Tours , its suppliers or its technological collaborators, with respect to the elements whose ownership they hold.
Preliminary considerations
These Terms are effective as of February 5, 2018. Mandala Tours may modify or update these terms and conditions at any time, without prior notice, without affecting the contracts made under the validity of previous versions. The current version thereof will be displayed on the Website from the date such changes take effect. Mandala Tours recommends Users to read these terms and conditions before browsing, booking or contracting through the website.
It is the responsibility of the User to print or save on a durable medium, a copy of these General Conditions for consultation prior to contracting and their conservation after them, without prejudice to their being sent by email after contracting online.
If any clause included in these general conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only that provision or the part of it that is null or ineffective, subsisting the general conditions in everything else, having such provision, or the part of it that is affected, for not put.
In this case, the clause that does not take effect will be replaced by a new one in accordance with current legislation, with a wording and spirit as close as possible to the clause that would have become inapplicable.
The User declares that he is of legal age and has the necessary legal capacity to contract the services offered on the web, in accordance with the conditions detailed below, which he declares to understand and accept.
In the case of contracting services by minors, the authorization of the parents or guardians is required to be able to contract and enjoy the contracted service. The User is solely responsible for the veracity and accuracy of the data provided to Mandala Tours in the booking process. Children under 18 must be accompanied by their parents and/or guardian(s) throughout the trip. Otherwise the travel reservation will not be accepted.
Before formalizing a reservation or contracting through the website owned by Mandala Tours, the User will be obliged to accept, by marking a box, these terms and conditions, and any that affect the management of the services offered, such as general contracting conditions or information related to them.
The User is fully and clearly informed of the contractual conditions that affect the services prior to contracting, especially the conditions of cancellation of reservations and their right of withdrawal. In case you have any questions about the information available on the website, you can contact Mandala Tours before contracting on the telephone and email address that appear on this site.
These conditions relating to the package travel are applicable, according to the applicable regulations, provided that our client contracts in a combined way transport, accommodation or other tourist services that constitute a significant part of the trip under a global price when the provision of all services exceeds 24 hours or includes a night stay.
The following General Conditions may be modified by the Particular Conditions that appear in the specific itinerary of each trip and in the package travel contract, which they complement in a subsidiary manner.
1.- Purchase process.
1.1.- Trips published on the web.
At Mandala Tours we offer trips that integrate services such as transportation, guides, accommodation, catering, and much more. These are unique experiences, designed by us, in which the traveler can discover the destination in the most authentic way and with full and rigorous respect for the local culture. Our collaborators will accompany the traveler in the experience.
When the client is interested in any of our travel itineraries advertised on the web, he can confirm his reservation through the form designed for it, for which, he will have to accept the Legal Notice and Privacy Policy and the General Conditions of Contract present. Once the reservation has been requested, the client will receive an informative email with the program / itinerary in pdf format or digital format, the combined travel contract, the link to make the payment through the virtual POS with the amount to be settled and also information will be offered for the optional contracting of travel insurance.
Mandala Tours reserves the right to change services or prices described in our online travel catalog or in any other means without affecting the reservations already formalized. The prices of our trips offered on the web fluctuate with the passage of time in attention to the fact that they integrate services whose prices increase as the date of the start of the trip approaches. Therefore, it is possible that several travelers on the same trip pay different amounts for it. However, each of them will always make a payment equal to the amount that has been offered and under which you have made the reservation, without being required any compensation for such fluctuations inherent to tourist services except as provided in section 4.3 of this section “Contracting of Combined Travel”.
In the event that, once the trip has been booked and before departure, Mandala Tours is forced to significantly modify any essential element of the contract, it must immediately inform the consumer and user.
In this case, the client may choose between terminating the contract without penalty or accepting the alternative travel proposal. If you wish to terminate the contract, Mandala Tours will refund the amounts paid to the customer. The client must communicate the decision adopted to Mandala Tours within three days of being notified of the modification of the trip. In the event that the client does not notify his decision in the terms indicated, it will be understood that he opts for the termination of the contract without any penalty.
1.2.- Tailor-made trips. In the event that the client requests a tailor-made trip, he will provide the information about the desired trip to Mandala Tours through the web form, after which a quote will be sent to the email he provides. This budget will be calculated based on the requirements and characteristics of the trip desired by the client. Mandala Tours will accept the client’s requests and contributions to organize the perfect trip.
Finally, once the services offered to the client have been accepted, they will receive an informative email with the final program/itinerary, the price of the trip, a link to make the payment through the virtual POS and the combined travel contract. In addition, information will be offered for the optional contracting of travel insurance.
The prices of tourist services change, almost daily, in the digital market. In the case of tailor-made trips, the customer is informed that the data on the trip contained in the first offer sent to him are subject to change because it depends on confirmation of the individual acceptance of each of them, and expressly accepts it, under Article 153 of RDL 1/2007, The initial offer is not binding insofar as the agency’s ability to confirm the services depends on the client’s acceptance. Once these are confirmed by the client, Mandala Tours will proceed to confirm them to the final suppliers, trying to obtain them under the same conditions as those offered to the client.
1.3.- The combined travel contract will be formalized in the case of tailor-made trips through the exchange of emails, the User expressly accepting this means as a communication channel with Mandala Tours. The customer must read, sign and return the contract signed, or if scanning is impossible, he will respond to the email in which it has been sent expressly accepting its content. Only with the reception, by the agency, of the express acceptance of the User, will the reservation be understood to be formalized.
1.4- The User is responsible for providing their data correctly in the contracting processes established on the website, or by email, and the User must at all times provide all identification data correctly and as they appear in the ID or passport.
The User will be responsible, in any case, for the veracity of the data provided and will be responsible for communicating to Mandala Tours any modification in them, the agency reserving the right to exclude from the registered services any User who has provided false data, without prejudice to other actions that proceed in Law.
The lack of veracity and / or accuracy, whether voluntary or involuntary, in the data that the client communicates to Mandala Tours will be the sole responsibility of the latter, as well as all subsequent consequences for the reservation of tickets, insurance contracting or visa processing that are generated.
2. People with reduced mobility and health circumstances
People with reduced mobility, before proceeding to the reservation request, must inform the agency of this situation, in order to assess the possibility and feasibility of contracting and enjoying the trip according to its characteristics.
In accordance with the provisions of Regulation EC 1107/2006, a person with reduced mobility is understood to be any person whose mobility to participate in the trip is reduced by reason of physical disability (sensory or locomotor, permanent or temporary), intellectual disability or deficiency, or any other cause of disability, or by age, and whose situation requires adequate attention and adaptation to their particular needs of the service made available to them. other participants in the trip.
Especially in the case of allergies, including travel accommodation and catering services, the user will be responsible for warning the agency so that it can inform the establishments providing the services, to provide the User with the maximum guarantees for their well-being.
3. Booking confirmation
The perfection of the package travel contract occurs with the acceptance of the conditions by the User, either on predefined trip offered, by checking the acceptance box, or with the acceptance of the conditions of tailor-made trips via email. From that moment the package travel contract is mandatory for both parties.
When formalizing the reservation, the client has read and understood all the clauses of these General Conditions of Contract, the particular ones of the trip and the combined travel contract, the itinerary, and other non-mandatory documentation that is made available to him.
The client will give his consent in the terms described in these General Conditions of Contract.
Every time Mandala Tours Receive a reservation A confirmation email of receipt is sent within 48 hours of receipt of it, except in the case that it is received on holidays or weekends, which will be sent the confirmation the business day following receipt.
The change of the reservation from one trip to another will only be possible by agreement of the parties with the express written approval of Mandala Tours.
4. Price and Payment of the price
4.1.In the section “The price includes” of each travel offer, all the services included in it per person will be detailed, being, in general:
Any other additional service will be specified both in the “INCLUDES” section of the web offers and in the itinerary that will be attached in the response email to the request for information.
4.2.Any service that is not expressly stated in the “Price includes” section of the offer, or is not specifically detailed in the program/offer, will be excluded from the price of the trip. Among the excluded services, including but not limited to, are:
– The excursions that the Client hires on his own, before the start or during the trip. It does not expressly include the excursions offered in the accommodations, regardless of whether they are included in the Mandala Tours program. Mandala Tours is not responsible for any damages or negligence caused by service providers that the traveler or the group hire directly at destination and that are not specified in the “Price includes” section of the itinerary.
– Services and consumables that the Client contracts in the establishments in which he stays or visits and are not detailed in the “Accommodation” or “Other Services” section of the program, such as coffees, wines, liquors, mineral waters, special diets (not even in the cases of full board or half board, unless expressly agreed otherwise in the contract), and the optional services of the hotel, hostel or hostel, as well as extra nights of accommodation that the user wishes to hire.
– The fees / tips / credits that the client has to pay directly to the suppliers.
– The price of the additional cancellation and assistance insurance that the traveler wishes to hire.
– Costs of obtaining visas, passports, authorizations, vaccination certificates …
– Internal flights, car rental, transfers, …
If after the confirmation of the reservation new local or destination legal provisions come into force that impose on the Client the payment of any additional fee / tip / credit, Mandala Tours will inform you as soon as it becomes aware, being in any case the responsibility of the Client its payment.
4.3. The prices of the trips offered on our website, as well as the price provided to the client in the case of tailor-made trips, may be revised, both upwards and downwards, when the price of transport, fuel, fees and taxes related to certain services related to the organized trip and the exchange rates applied to said trip vary.
These revisions will be notified to the consumer, in writing or by any means that allows to have proof of the communication made, being able, when the modification made is significant, to desist from the trip, without any penalty, or accept the modification of the contract. In no case, it will be revised upwards in the twenty days prior to the date of departure of the trip, with respect to the requests already made.
4.4. The prices that appear on this website, as well as those provided to the user, when the trip is tailor-made, include the corresponding VAT. In any case they will be expressed in the Euro currency (€).
4.5 . In case of non-payment of the amounts that in each case may be pending after each of the maturities of the established payment schedule, Mandala Tours reserves the right to cancel the reservation.
4.6 Means of payment
Payments for Mandala Tours services will be made by bank transfer, PayPal or by debit or credit card through the secure payment gateway.
Payments made by transfer in relation to catalogue trips or tailor-made trips will be a sine qua non condition for the services to be provided. Our administration department will send an informative email to the User once each payment has been verified.
Payments made through PayPal will be subject to the conditions of such gateway, which the User, account holder PayPal, can consult before the formalization of the order
here.
The payment of the amount may also be facilitated by virtual POS with VISA credit / debit cards , MasterCard debit / credit / prepaid through Secure Payment. The client will receive by email a link to access the Secure Payment gateway, where he must enter his card data directly on the interface of the bank, along with the reservation number. When making the payment through the gateway, the operation will be authorized through the authentication system that the User’s card has incorporated. Only with the acceptance of the transaction by the card entity will the payment be confirmed.
Mandala Tours will in no case have access to or store the card data entered by the User to make the payment, which will be treated in the encrypted digital payment tool.
The User should consult with his bank the possible surcharge for commissions that will be applied for the transaction. Mandala Tours in no case is responsible for the charges that your bank makes you due to the transaction, especially in relation to any charges derived from currency exchange in the payment.
Mandala Tours will not be liable for any problems that the Customer may have when making the payment with the card, since it is an automated process on a gateway beyond the control of Mandala Tours; nor of any illicit charges that may be made by professional Users (other travel agencies that hire our services) on cards outside their property.
In case the transaction is not completed successfully or there are indications of fraud or illegality of the purchase, Mandala Tours reserves the right to cancel the reservation.
For any request, query or claim regarding subscriptions, charges or billing, the User can contact Mandala Toursthrough [email protected].
4.7 Offers and promotions
Mandala Tours may launch offers and promotions through different communication channels through which the User can access services under special conditions, or a certain discount may be applied to the price of these. In such cases, the User may be asked for the password or promotional code during the reservation process, applying the discount on the price shown. The conditions, limitations and exclusions to benefit from such offers will be detailed in the bases of each specific promotion.
4.8 Invoicing
The invoice corresponding to the services will be issued and sent by email once the last of the payments established in the payment conditions of each trip is made and verified.
(b)
RULES APPLICABLE TO PACKAGE TRAVEL SERVICES
1. General
1.1. The services that make up the package travel contract result from the information provided to the consumer in the package travel program/offer, as well as from the indications related to this information that have been made when confirming the reservation.
1.2. However, the organizing agency reserves the right to modify the information contained in the brochure before the conclusion of the contract. For their validity, changes to such information must have been clearly communicated in writing to the consumer.
1.3. The suppliers of products or services, each within the scope of their respective obligations, will be responsible to the customer for compliance with the obligations arising from the regulations in force and the terms and conditions of sale of each of the products and services contracted, without Mandala Tours assumes any obligation or responsibility regarding those products or services that it does not provide directly beyond what is strictly required by current regulations.
1.4. It will be understood that the presence of pets is accepted on the trip if expressly indicated in the advertising or prior information of the same. Otherwise, if the consumer wishes to travel with his pet, he must inform the agency before making the reservation request so that he can inform him whether or not this is possible.
2. Accommodation
Unless otherwise indicated in the travel program/offer or provided in particular conditions:
3. Transport
3.1. The consumer must appear at the place indicated for departure in advance indicated by the agency or, failing that, by the brochure, respecting the schedules and baggage limits indicated by the company. As a general rule, in the case of air transport, the minimum advance notice is three hours above the scheduled departure time. It is recommended that the customer reconfirm flight departure times 48 hours in advance.
3.2. If the traveler could not make the trip because he did not show up with the required advance, the regime provided for in these Conditions for the lack of presentation at departure or, where appropriate, the one provided for the withdrawal of the consumer will apply.
3.3. Loss or damage that occurs in relation to hand luggage or other objects that the consumer carries with him and keeps in his custody are at his sole risk.
3.4. Any extra cost that the traveler has to bear for excess baggage will be at his expense. If you so express to the agency during the contract, it will provide you with the necessary information about the additional baggage policy of the company in question.
4. Other services
4.1. Guide Services: Mandala Tours will usually select a guide for the trips. The responsibilities of this figure to the client are the following:
to. Inform, lead, coordinate and attend the group during the trip, with the ability to make decisions that affect the route, even modify it, in application of their knowledge of the destination and the possible circumstances that occur in such place beyond the control of Mandala Tours, so that the traveler enjoys the place to the fullest. The traveler will submit to the authority of the travel monitor and will obey his instructions, for a good development of the trip.
b. Contribute their knowledge to enrich the travel experience.
c. Solve, as far as possible, as well as support the client in case of problem or unusual circumstance during the trip.
d. To mediate between the client and Mandala Tours during the trip.
4.2. Public transport and car rental.There may be a circumstance in which, at destination, the traveler decides to make the trips in some type of vehicle, displacements not integrated or pre-contracted in the Mandala Tours travel package. The traveler is aware and accepts that Mandala Tours It has no responsibility whatsoever in relation to such transport services, especially with regard to the choice and reliability of the service providers, their quality, safety, and any civil, administrative or criminal liabilities arising from their improper use by the customer or the driver, if it is a third party.
C)
RIGHTS AND OBLIGATIONS OF THE PARTIES BEFORE THE START OF THE TRIP
1. Modification of the contract
1.1. If at any time prior to departure the consumer You wish to request changes referring to the destinations, the means of transport, the duration, the calendar, the itinerary of the contracted trip or any other extreme referred to the services and the Agency can make them, it may require the payment of the justified additional expenses that would have caused said modification as well as management expenses for modification of the reservation that may not exceed 5% of the price of the trip.
1.2 . Before departure, the agency can only make the changes that are necessary for the successful completion of the package and that are not significant. The necessary changes are considered to be significant if they prevent the realization of the purposes of the latter according to their general or special characteristics.
1.3.In the event that the agency is obliged to make significant changes, it shall immediately inform the consumer. The latter may choose to accept the modification of the contract specifying the variations introduced and their impact on the price, or terminate the contract. The consumer must communicate the decision taken to the agency within three days after being notified of the modification. If the consumer does not communicate his decision within the indicated period, it will be understood that he opts for the termination of the contract without any penalty.
2.Price review
2.1.The agency may only revise the price, upwards or downwards, provided that such revision occurs before 20 days prior to departure and that it is not significant, that is, greater than 15% of the price of the trip. In addition, this review can only be carried out to adjust the amount of the price of the trip to the variations:
a) Of the exchange rates applied to the organized trip.
b) The price of the transport included in the trip, including the cost of fuel.
c) Fees and taxes relating to certain services, such as airport taxes, embarkation, disembarkation and similar included in the price.
2.2. The revised price shall be determined by reference to the counter value of the currency of the country of destination and the prices, fees and taxes applicable on the date of publication of the prospectus.
In the case of circuits that include two or more countries, the exchange rate taken as a reference is that of the US dollar on the same date.
2.3. If the revision of the price supposes an increase of more than 15% of the price of the trip, the agency will immediately inform the consumer, who will be able to terminate the contract.
The consumer must communicate the decision taken to the agency within three days of being notified of the modification. If the consumer does not communicate his decision within the indicated period, it will be understood that he opts for the termination of the contract.
3. Consumer rights in case of termination by Mandala Tours
By the AGENCY
In the event that the organizer cancels the package before the agreed departure date for any reason that is not attributable to the consumer and user, the latter will be entitled, from the moment the contract is terminated, to the reimbursement of all the amounts paid or to the realization of another combined trip of equivalent or superior quality provided that the organizer can propose it. In the event that the trip offered is of inferior quality, the organizer or retailer must reimburse the consumer and user, where appropriate based on the amounts already paid, the difference in price, in accordance with the contract.
In any case, the consumer and user may demand the reimbursement of the amounts disbursed to the entrepreneur to whom they were paid, who must reimburse them within 14 calendar days. The calculation of the term, in this case, will begin from the notification of the consumer and user of their option for the resolution or since the circumstances determining the cancellation occurred.
The customer will also be entitled to compensation whose liability is jointly and severally between the retailer and the organizer, in the amount of 5% of the total price of the trip if the cancellation is proposed between two months and fifteen days before the start of the trip, 10% if it is proposed between fifteen and three days before, and 25% if the modification occurs 48 hours prior to the start. There will be no right to compensation when the cancellation of the trip by the AGENCY is due to reasons of force majeure, understanding as such those circumstances beyond the control of the person who invokes them, abnormal, unforeseeable and inevitable, despite having acted with due diligence, or when the trip is not made because the number of registered people necessary for its realization has not been reached.
3.1.There is no obligation to compensate in the following cases:
In this case, the agency must communicate in writing the cancellation to the consumer as soon as possible and, in any case, no later than 20 days before the departure of the trip.
Failing that, the agency must notify the cancellation at least ten days before the departure date.
4. Transfer of the reservation
4.1. The consumer may assign his reservation to a person who meets all the conditions required in the brochure and in the contract to make the package.
4.2. The assignment must be communicated by any means to the agency and will be free if it receives the communication at least 15 days before the start date of the trip. If it is desired to be carried out later and the agency can accept it, it may demand from the consumer management fees for the assignment that will not exceed the additional amount passed on by the suppliers.
4.3. In any case, the consumer and the person to whom the reservation has been transferred are jointly and severally liable to the agency for the payment of the rest of the price, as well as for the justified additional expenses that the transfer may have caused.
5. Consumer’s right of withdrawal
By the CLIENT
The client, at any time, can withdraw from the services requested or contracted, being entitled to the refund of the amounts paid, whether it is the total price or the advance, but must compensate the AGENCY for the cumulative concepts indicated below:
1. Management costs, plus cancellation costs for own services and, if any.
2. A penalty, consisting of 20% of the total trip if the withdrawal occurs with more than seven days and less than fifteen
prior to the start date of the trip; 50% between days 3 and 7, and 75% within forty-eight hours prior to departure.
3. If you do not show up at the scheduled time of departure, you will not be entitled to any refund of the amount paid.
In cases of force majeure, the customer will be exempted from liability.
5.2.In any case, the withdrawal produces effects from the moment in which the consumer’s will to withdraw comes to the knowledge of the agency.
6. Failure to show up on departure
6.1.There will be a lack of presentation at departure if the consumer does not communicate his will not to carry out the trip and does not show up at the time and place scheduled for departure.
In this case, you lose the right to a refund of the amounts paid and continue to be obliged to pay those that were pending payment.
6.2.However, if the failure to show is due to force majeure, the consumer shall be entitled to a refund of the quantities delivered.
D) RIGHTS AND OBLIGATIONS OF THE PARTIES AFTER THE START OF THE JOURNEY
1. Defective performance or failure to provide services
1.1.When the consumer verifies during the realization of the trip that there is a defect or the lack of provision of any contracted service, he must communicate it in the same place and as soon as possible to the organizer or the retailer and, where appropriate, to the provider of the service in question, so that the agency can have the possibility of seeking an immediate solution if possible. The communication must be made in writing or in any other form in which it is recorded. Upon receipt of the communication, the retailer or organiser shall endeavour to find appropriate solutions.
1.2.In the event that during the trip there is a lack of provision or deficient provision of any of the services that are part of it, the traveler will try not to increase with his actions and decisions the damages that arise.
2. Impossibility to provide a significant part of the services by the organizer
2.1.The agency must adopt the appropriate solutions for the continuation of the trip if, after the start of the trip, it does not supply or finds that it cannot supply a significant part of the services provided for in the contract.
An important part of the services provided are those whose lack of performance prevents the normal development of the trip and cause that it is not reasonable to expect the average traveler of that type of trip to continue it in those circumstances.
2.2.The agency may not ask for any supplement for the solutions adopted for the continuation of the trip and will pay the consumer any difference between the services provided and those provided.
2.3.If the consumer expressly or tacitly accepts the solutions proposed by the agency, he will not be entitled to any compensation for such modifications. It will be considered that you tacitly accept such proposals if you continue the trip with the solutions given by the organizer.
2.4.If the solutions adopted by the organiser are not feasible or the consumer does not accept them for reasonable reasons, the agency shall:
a) Provide you with a means of transport equivalent to that contracted on the trip to return to the place of departure or any other that both have agreed, if the contract includes the return trip.
b) Reimburse the price paid with deduction of the amount of the services provided until the end of the trip, except if the defect that prevents the continuation of the trip is attributable to the consumer.
c) Pay the compensation that may be appropriate according to the provisions of these conditions.
3. Withdrawal of the consumer during the trip
3.1. The consumer has the right to withdraw from the package travel contract once the trip has begun, but will not be able to claim the refund of the amounts delivered and will continue to be obliged to pay those that are pending payment.
3.2. If the withdrawal is due to an accident or illness of the consumer that prevents him from continuing the trip, the agency is obliged to provide the necessary assistance and, where appropriate, to pay the amount of the difference between the services provided and those provided, minus the duly justified cancellation costs that correspond.
3.3. In both cases, all additional costs incurred by the withdrawal, and in particular those of repatriation or transfer to the place of origin, are borne by the consumer.
4. Duty of collaboration of the consumer to the normal development of the trip
4.1. The consumer must abide by the indications provided by the agency for the proper execution of the trip, as well as the regulations that are generally applicable to the users of the services included in the combined trip. In particular, in group trips you will keep due respect for the other participants and observe a behavior that does not harm the normal development of the trip.
4.2. The serious breach of these duties entitles the agency to terminate the package travel contract contract. In this case, if the contract includes the return trip, the agency will provide the consumer with a means of transport equivalent to that contracted on the trip to return to the place of departure or any other that both have agreed. The agency shall also be entitled to appropriate compensation for damages attributable to the consumer’s conduct.
4.3. The traveler will comply with the laws and customs of the countries visited. The client expressly exonerates Mandala Tours of any responsibility, claim, contingency or obligation that may be incurred personally and / or against third parties due to eventual, alleged and / or proven breaches of the legislation or regulations of any kind in force in the country of destination, stating for this purpose its obligation in this regard and its firm and express will to comply and comply with it in all its scope.
4.4 . You will also notify Mandala Tours of any illness, pathology, allergy or physical or mental health problem that could affect the normal development of the trip or the coexistence of the group. In case of not notifying this fact to Mandala Tours, or commits any illegal act or that may cause danger or discomfort to the rest of the members of the group, Mandala Tours reserves the right to terminate the contract with the client, without generating the right of claim or refund and being safe the actions and / or claims that the rest of travelers would like to make against the violator of the rules of the trip. Likewise, Mandala Tours reserves the right not to accept more reservations from the client who has shown signs of not having accepted understood and / or complied with the provisions described herein, as well as in the travel manual, in which case it is provided.
5. Distribution of liability
The agency as organizer will respond to the consumer for the correct fulfillment of the package travel contract according to the obligations that correspond to them by their respective scope of management of the package trip, whether it executes the services included in the package trip itself or if they are carried out by its auxiliaries, collaborators or other service providers.
6. Causes of exoneration of liability
The agency’s liability shall cease when any of the following circumstances occur:
7. Duty of care of the agency
7.1.La agency, despite being exempt from liability in certain situations based on the regulations in force, will continue to be obliged to provide the necessary assistance to the user who is in difficulty.
7.2. There will be no duty of care provided for in the previous paragraph when the defects produced during the execution of the contract are attributable exclusively to intentional, irrational or negligent conduct of the client.
8. Information on provisions applicable to passports, visas and vaccinations
8.1.The agency will inform about the health formalities necessary for the trip and stay, as well as about the conditions applicable to citizens of the European Union regarding passports and visas but it will be the client who will be responsible for the correction of the information provided.
Nationals of countries outside the European Union should consult with their Consulate or Embassy the documentary and health requirements necessary for the trip.
8.2. The client must obtain the necessary documentation to make the trip, including passport and visas and that referring to sanitary formalities. All damages that may arise from the lack of such documentation will be at your expense, and in particular, the expenses incurred by the interruption of the trip and its eventual repatriation.
8.3. If the agency accepts the consumer’s order to process the necessary visas for any of the destinations provided for in the itinerary, it may demand the collection of the cost of the visa as well as the management expenses for the procedures that must be carried out before the corresponding diplomatic or consular representation. When the hiring of the trip is so close to the start date of the same, that there is a risk of not obtaining the visa by ordinary means (usually 45 days before the date of departure) and an urgent or different procedure is necessary to the ordinary one, it will be the client who assumes the extra costs of administration, Courier and processing.
In this case, the agency will be liable for damages attributable to it in accordance with the diligence normally required by delays in obtaining the necessary documentation or by lack or insufficiency thereof.
8.4. Mandala Tours will not be responsible for the loss or loss of these passports during their processing when, apart from the maximum diligence attributable to Mandala Tours, said eventuality is derived from the action of third parties such as embassies or courier companies. Mandala Tours will be exempt from liability in case of loss in the mail or courier service. The obtaining of personal documentation (visas, certificates, passport) will be the sole responsibility of the client, and even in the event that Mandala Tours Accept to manage the client’s visa, will not be responsible for incidents that may arise during its management, such as the denial of the visa or the loss of documentation by third parties.
8.5. It is the responsibility of the client the good condition and conservation of his passport. Mandala Tours It will be relieved of any responsibility for the disorders and inconveniences caused in the event of any type of deterioration or breakage during its handling by the client, the embassies during the processing of the visa or during immigration controls in the countries of stopover or destination, running the client with the expenses and disorders that this could cause. The client must fill in all the fields required by the authorities of the country of destination to obtain the visa. In the case of not filling in all the fields correctly, you must fill in the form again, and may suffer the administrative costs derived from said correction.
8.6.All users, without exception, must carry their corresponding personal and family documentation in order, be it the passport or D.N.I. according to the laws of the country or countries being visited. It will be at the client’s expense when the trips require obtaining visas, passports, vaccination certificates, etc.
8.7. If the granting of visas is rejected by any authority, for particular reasons of the user, errors or omissions in the visa application form, or their entry into the country is denied due to lack of requirements that are required, or by defect in the required documentation, or for not being a carrier of the same, Mandala Tours declines all responsibility for events of this nature, being on behalf of the client any expense that arises, applying in these circumstances the conditions and rules established for the cases of voluntary withdrawal of services. Minors under 18 years of age must carry a written permission signed by their parents or guardians, in anticipation that it may be requested by any authority, in the manner and manner determined by international legislation and / or the legislation of the country of destination.
9. Liability of air carriers in relation to incidents in air transport as provided for in Regulation 261/2004.
Regulation 261/2004 of the European Parliament and of the Council of 11/02/2004 lays down rules on compensation and assistance to passengers in the event of denied boarding, cancellation or long delay.
The previous Regulation shall apply only :
(a) passengers departing from an airport situated in the territory of a Member State.
(b) passengers departing from an airport situated in a third country to an airport situated in the territory of a Member State, unless they receive benefits or compensation and assistance in that third country, where the operating air carrier is a Community carrier.
In accordance with the provisions of Regulation 261/2004, when the Air Company cancels a flight or incurs a delay, it will be responsible for providing, as the case may be, due assistance and attention to the passengers, affected, having to assume the expenses of meals, calls, transportation and overnight stay if applicable, under the provisions of EEC Regulation 261/2004, laying down common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
That regulation also provides for the payment of certain allowances, depending on the distance of the flight.
If the occurrence is due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, the operating air carrier shall not be obliged to pay compensation but shall be obliged to provide due assistance and care to the passengers concerned.
10. Liability for services not included in the package
10.1. The rules of contractual liability of the package are not applicable to services such as transport services, accommodation, excursions, attendance at sporting or cultural events, visits to exhibitions or museums, or other similar, when these are contracted directly by the traveler, or when they are contracted through the agency but in a way that they are not combined with any other service of that trip or, When contracted together with others, the total benefit of these does not exceed 24 hours or does not include one night’s stay.
10.2. The agency, in cases where the client contracts directly with the supplier, has no responsibility.
In cases of assisting the client in the contracting of a loose service, it intervenes as a mere intermediary, being exclusively responsible for the provision of the service the provider.
E) DATA PROTECTION AND PRIVACY POLICY
According to the criteria established in Organic Law 15/1999, of December 13, Protection of Personal Data (hereinafter, LOPD) or regulations that replace it, in order to be able to correctly provide its services, Mandala Tours needs your authorization in relation to the processing of your personal data.
By accepting this Privacy and Data Protection Policy, you certify that you understand and accept the possibility that Mandala Tours, only for the purposes described below, access for review and analysis of data communications that, through the web, email or telephone, Users make.
The main purpose of the processing of personal data is the management and correct fulfillment of the contract between the User and Mandala Tours, including the publication of their proposals for travel services and the facilitation, as far as possible, of means for the resolution of disputes between both.
We may also use your data to provide you with information about products and services that may be of interest to you through the Newsletter if you give us your express consent. If you want us to use your data in this way, please tick the appropriate advertising authorization box on the form.
In accordance with the provisions of the LOPD, the User is informed and accepts that the personal data provided by him or that are provided in the future to Mandala Tours will be processed in a personal data file called CLIENTS, duly registered in the Registry of the Spanish Agency for Data Protection and whose ownership holds Mandala Tours.
The processing of your data will always be carried out under the strictest security systems available to Mandala Tours. The security measures to be applied will be those corresponding to the low level indicated in Royal Decree 1720/2007 approving the Regulations for the development of Organic Law 15/1999, on the protection of personal data.
Communication of Personal Data
The data collected will be stored and may be transferred in encrypted form outside the European Union to one of our suppliers. By providing us with your personal data, you consent to this transfer if it occurs.
Your data will not be communicated to third parties, except in the following cases:
to. Once you have given your consent for the processing of your data, for the provision of services performed by third parties for Mandala Tours, including payment processing, data analysis and the design of new tourist services. Mandala Tours will only send the User’s personal information to its suppliers.
b. If we are under an obligation to disclose or share your personal data in order to comply with any legal, administrative or judicial obligation, or to protect the rights, property or safety of Mandala Tours or our customers. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
c. If Mandala Tours is acquired by a third party, in which case the personal data of its customers will be one of the transferred assets.
The User can at any time exercise their rights of opposition, access, rectification and cancellation by contacting the postal address of Mandala Tours, or send an email to the address [email protected]
Any changes to our data protection policy will be posted on this page and notified to you by email. Mandala Tours reserves the right to unilaterally modify this privacy policy, without prior notice. However, if substantial changes are made, Users will be informed by email of the existence of such modification. If you do not receive opposition from you within the periods provided by the Law, you will understand the tacit consent to the new Policy by the User.
F) COOKIES POLICY
In compliance with article 22.2 of the Law on Services of the Information Society and Electronic Commerce (LSSI) and EU Directive 2009/136 / EC, Mandala Tours informs that this website uses its own and third-party cookies.
Definition and function of cookies
A cookie is a small data file that is transferred to your computer’s hard drive and stores information or browsing habits. Mandala Tours uses cookie technology to collect additional data about the use of the website and to store information about the User for the sole purpose of improving their experience.
Update of our Cookies Policy
We may update the Cookies Policy of our Website, so we recommend that you review this policy each time you access our Website in order to be adequately informed about how and why we use cookies. Please note that browsers may also change their policies and the location of information.
In no case will cookies be executable files and may not contain viruses.
The information provided by cookies is valuable as it helps us improve the service we offer to our Users. However, and although we appreciate that the User accepts the cookies of our website, we remember that you can configure your browser to accept them or not, or so that the browser notifies you when a server wants to save one of them. To perform this configuration:
In case you use another browser, the User will have to consult the user manual of the same. Google has also developed a browser add-on that disables the sending of data to the Google Analytics tool and can be downloaded here.
Specifically, the cookies that the website uses are:
About the use of Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc., a Delaware company whose main office is at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (“Google”).
Google Analytics uses cookies to help Mandala Tours analyze the use made of the website by Users. The information generated by the cookie about your use of the website (including your IP address) will be directly transmitted and archived by Google on servers in the United States.
In the event of an IP anonymization activation on this website, the User’s IP address will be shortened by Google if the User is located in a member country of the European Union or other countries that are signatories to the Agreement on the European Economic Area. Only in exceptional cases will your full IP be transferred to Google in the USA and abbreviated there. The action of anonymizing the IP is activated on this website.
Google will use this information on behalf of Mandala Tours for the purpose of analyzing the use of the web, compiling activity reports and providing other services related to traffic and Internet use. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.
The User of this website may refuse the processing of data by preventing the use of cookies by selecting the appropriate settings on his browser, however, the User is informed that if he does so, certain functionalities of the site may be lost. You can also refuse the use of cookies and the use of site-related data (including your IP address) to Google as well as prevent the processing of this data by Google by downloading and installing a plug-in at the following link.
By using this website and accepting the Cookies Policy, the User consents to the processing of their information by Google in the manner and for the purposes indicated above.
G) CLAIMS AND ACTIONS ARISING FROM THE CONTRACT
1. Travel safety
1.1. Responsibilities. The client knows and accepts the nature of the trip in relation to the destinations and activities he understands. The client, aware of the official recommendations of the Ministry of Foreign Affairs and Cooperation (www.maec.es) and the Ministry of Health, Social Services and Equality (www.msc.es) of the Government of Spain in relation to the desired destination, assumes and accepts this risk and excludes Mandala Tours of any claim relating to damages or even death arising from this inherent risk.
In the same way, the client knows that in certain destinations that he is going to visit, the political, cultural and geographical conditions may present certain risks, dangers or physical challenges superior to those that may arise in his daily life. The client knows and declares that, at least, he has considered and weighed the potential risks, dangers and challenges, and expressly assumes the risk inherent in the trip he intends to make.
The client is responsible for dealing with customs, weather conditions, physical challenges and current laws at each moment of the itinerary, and of course has the possibility to inform himself in advance and contact the local embassy or consulate of each destination, in addition to advising the agency.
Mandala Tours will not be responsible for death, bodily injury, illness, delay or other loss affecting the person and/or property of the client. In the same way, Mandala Tours shall not be liable for death or bodily injury suffered by the Client (including emotional damage), as well as any illness or loss, caused by force majeure, war, terrorist attacks, civil unrest, governmental actions, political disturbances in any form and place, or any circumstance that may occur beyond the reasonable control of the Client. Mandala Tours.
1.2. Travel Insurance. Mandala Tours will provide the client with information about the optional contracting of travel insurance. These insurances, according to the optional modality chosen, may cover the cases of loss or delay of luggage, personal injury, medical expenses, evacuation and repatriation expenses in case of accident, illness or death, in the manner and amount that appear in the conditions that are delivered to the client at the time of requesting the reservation. You can consult the complete conditions of the integrated insurance on the IATI SEGUROS website.
Mandala Tours recommends extending coverage to cases of cancellation, loss of possessions, or any other loss that may arise from a situation of loss, damage, delay or inconvenience for the client.
2. Applicable Law
The package travel contract is governed by what is agreed between the parties and by the provisions of these general conditions, and, in the absence of these, by the provisions of Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the defense of consumers and users and other complementary Spanish laws.
The User is also protected by the regulations of electronic commerce, common law and the provisions that as a consumer protect him.
If any clause included in these general conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only that provision or the part of it that is null or ineffective, subsisting the general conditions in everything else, having such provision, or the part of it that is affected, for not put.
In this case, the clause that does not take effect will be replaced by a new one in accordance with current legislation, with a wording and spirit as close as possible to the clause that would have become inapplicable.
3. Complaints to the agency
3.1. If during the trip, the client has any complaint or claim in relation to the service provided, he must inform the monitor, in order to resolve the reason for the complaint or claim.
When the incident occurs on a flight, accommodation, land transport, etc. whatever the country where it occurs, the client must file the relevant claim against the entity providing the service in order to facilitate subsequent claim procedures.
3.2. Without prejudice to the legal actions that assist him, the consumer may make written claims for the non-execution or deficient execution of the contract before the agency by contacting its registered office consigned in the heading of these conditions, or through email or telephone:
Responsible: MANDALA TOURS, S.L.
Address: C/ Faisan 18, 3E, Granada (Spain)
Phone: +212 667 65 64 35
Email: [email protected]
3.3. Within a maximum period of 30 days, the agency must respond in writing to the claims made.
3.4. At this stage, the consumer and the agency may seek the mediation of the competent administration or the bodies that are constituted for that purpose to find for themselves a solution to the conflict that is satisfactory to both parties.
3.5. If the dispute cannot be resolved by means of a claim to the agency, the consumer may submit it to consumer arbitration if the agency complained against had previously adhered to the consumer arbitration system, or, if the agency despite not being adhered to, accepts the consumer’s request for arbitration. Likewise, in any case the consumer can claim in court.
4. Consumer arbitration
4.1. If the complained agency had previously adhered to the consumer arbitration system, the consumer may address their claims to the competent regional Consumer Arbitration Board.
4.2. Claims involving intoxication, injury, death or there are reasonable indications of a crime may not be subject to consumer arbitration.
4.3. Unless otherwise established in the public offer of submission to the consumer arbitration system, arbitration will be of law and the arbitration procedure will be governed by the provisions of Royal Decree 231/2008, of February 15.
4.4. The award issued by the arbitral tribunal appointed by the Consumer Arbitration Board will resolve the claim presented definitively and will be binding on both parties.
5. Legal actions
5.1. If the dispute is not subject to consumer arbitration, the consumer may claim in court. The parties, without prejudice to the jurisdiction that may correspond to them, submit for the resolution of any disputes that may arise from the travel contracts formalized to the Courts and Tribunals of Granada.
5.2.Legal actions arising from the package travel contract are time-barred for a period of two years from the day on which the trip ended or was to end.
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DMC travel agency specializing in tailor-made trips to Jordan
Mandala Tours, S.L, NIF: B51037471
License: C.I.AN-187782-3
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