GENERAL CONTRACT CONDITIONS.

Las presentes Condiciones generales de contratación tienen como objeto regular la relación contractual entre VIAJES SIMPATÍA SA (en adelante “la empresa/entidad”) y Ud. (en adelante “el cliente/usuario”), relativa a la contratación y/o compra de los servicios realizada a través de la página web www.viajessimpatia.com (en adelante, “la página web”), dominio del que es titular VIAJES SIMPATÍA SA, sociedad legalmente constituida, con domicilio social en CALLE 16 DE JULIO, Nº 25 07009 PALMA DE MALLORCA, BALEARES, provista de CIF/NIF número A07150451 e inscrita en el Registro Mercantil ISLAS BALEARES al Tomo 1030, Folio 152, Hoja 10716,

Book , Section 8.

I.- PRE-CONTRACTING INFORMATION

If you are under 18 years of age, you may not book any of the services on the www.toptoursmallorca.com website.
To acquire any service on the website, you must be 18 or over.

We recommend that you read these general terms and conditions prior to making a purchase, as their acceptance is a prior and essential step in the purchasing process. Prior to the start of the purchasing procedure, the company/entity makes these general terms and conditions available to you so that you may save and reproduce them.

We inform you that an electronic archive of these general terms and conditions of business will be produced and accessible to you at all times. All information provided during the purchasing process will be stored by the company and prior to procurement and during the purchasing process, you will be able to access, file and print these general terms and conditions for consultation purposes.

We inform you beforehand of the procedures that you must follow to accept these general terms and conditions. The procedures for engaging the services offered are those described in these general terms and conditions, as well as the specific ones indicated on the website while browsing, so that you as the client/user declare that you know and accept these procedures as necessary for acquiring and/or engaging the services offered on the website.

Our services may be engaged in the language of your choice of those available on the website. However, the language in which these general contract conditions are formalised is Spanish.

During the purchasing procedure, the company/entity provides you with the appropriate technical means to identify and correct errors. Any modification or correction of the data provided by you while browsing must be carried out in accordance with the indications provided on the website. This website displays windows for confirmation of the data provided, which may not allow you to continue with the purchase or contract if the data entered are not in the correct format. Before making a payment, you will be able to view the services selected on the website and the details of your order so that, if necessary, you may change these details. If you detect an error after completing the payment process, you should contact customer service at:971431357 or at the email address: info@viajessimpatia.com.

By providing your personal data, you give your express consent to processing this personal data for the purpose of engaging the services on the website.

The online booking of the services offered by the company/entity through this website is subject to the provisions of these General Contract Conditions.

The booking of any of the services of the company/entity through the website requires the acceptance of each and every one of the general contract conditions and/or the specific conditions applicable to the services booked.

These General Conditions are subject to the provisions of Law 34/2002, on information society services and electronic commerce; Law 7/1998 on General Contracting Conditions; Royal Decree 1906/1999, which regulates telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998; Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and any complementary laws that may be applicable.

If you have any queries, please contact us at the following email address:info@viajessimpatia.com.

II.- DETAILS OF SELLER.

This website is operated by:

VIAJES SIMPATÍA SA

CIF/NIF (Corporate tax ID).A07150451

Address: CALLE 16 DE JULIO, Nº 25 07009 PALMA DE MALLORCA, BALEARES.

Teléfono: 971431357

Correo electrónico: info@viajessimpatia.com

VIAJES SIMPATÍA SA sells the services offered through the website www.toptoursmallorca.com.

The company/entity has its registered address and/or premises at CALLE 16 DE JULIO, Nº 25 07009 PALMA DE MALLORCA, BALEARES.

VIAJES SIMPATÍA SA is the owner of the domain and the website www.toptoursmallorca.com.

III.- PURPOSE OF THE CONTRACT CONDITIONS.

The purpose of these contract conditions is to regulate the conditions of sale of the services offered by the company/entity on this website. These conditions regulate the contractual relationship for purchasing arising between the company/entity and yourself at the moment you check the corresponding box during the online purchase and/or booking process.

The characteristics of the services engaged are reflected on the website.

The booking on your part of any of the services through the website www.viajessimpatia.com entails the acceptance and subjection to these General Contract Conditions and to the particular conditions that may apply to the purchase and/or booking of each of the services.

The prices applicable to the services booked by you are those indicated on the website on the date of booking and/or purchase.VAT is included.

All the technical means and requirements needed to access the website and the services offered therein shall be the sole responsibility of the user.

Once you have accessed the website, in order to proceed with the purchase of the services, you must follow all the indications and instructions on the website, completing for these purposes the required contract conditions and other forms established for each service, which requires reading and accepting these General Contract
Conditions, as well as, where applicable, particular conditions that may be applicable.

IV.-PURCHASING PROCEDURE.

Services must be purchased through the specific selection of the service desired by means of the purchase selection instruments found on the website. Once the purchase request has been selected and verified, you must expressly accept the contract conditions as shown on the website. From the moment of acceptance, you acquire the status of customer/user of the company/entity. We recommend that you read these General Terms and Conditions carefully, and print them on paper or save the document in electronic format.

In order to purchase any of the services on the website, you are required to register your personal and/or professional details. In some cases, you will have to set up a username and password that will allow you to access areas that require prior identification. When you register your personal data on our website, or when you book one of our services, your personal and/or professional data are incorporated into our database, and will be used exclusively to process the sale of the service during the selected period and to send you information about services offers similar to those you have purchased that may be of interest to you. At any time, you may modify your customer registration details (address, contact telephone number, email address, etc.).

Purchase procedure:

1.- To purchase a service from the website, you must follow the instructions on the page and select the service you wish to purchase.

You will be able to view and control the services selected by following the booking instructions on the website. When selecting the service on the website, you will be able to view the characteristics of the service and its price. We will also specify whether or not VAT is included in the final price of the service selected, and the terms and conditions, including information regarding shipping costs. VAT is included.

Once the selection of services is complete, you will proceed to payment. Before confirming payment, we will inform you again of the price of the services that you have selected, specifying whether or not VAT is included in the final price of the service selected, the contract conditions, including information regarding the date when the services will be provided, and in case of additional expenses, we will indicate the corresponding amount. In any case, you will be informed of the costs of the services that you have purchased in the event that these are not included in the final price of the services selected.

You will also receive information regarding the possibility of applying discounts. At this point you will be able to continue shopping or make the payment and/or contracting.

2.- To make the purchase and payment of the service you will fill in a form with the data requested. The data that are mandatory to proceed with the purchase and payment will be marked with an asterisk. A delivery address will need to be specified.

Once the mandatory personal data of the order and payment form has been implemented, accept the terms and conditions of the order and payment by ticking the corresponding box. You must also expressly accept the processing of your personal data for the purpose of purchasing and/or booking the services on the website by ticking the privacy policy and personal data processing box.

You may also request, by ticking the corresponding box, to receive newsletters and offers from the company/entity. And confirm the billing address.

3.-The form of payment accepted by the company/entity is:

Visa

Master Card American Express

4.- The security of its customers is essential for the company/entity […]. Therefore, in order to protect the transmission of confidential information, the website has a data encryption protocol with an SSL Security Certificate. SSL encryption technology protects financial transactions and the flow of data (name, address, credit card number, etc.), allowing transactions to be carried out securely. For payment with Visa and Mastercard credit cards, the customer is required to have CES (Secure Electronic Commerce) payment activated. You can tell whether the Secure Electronic Commerce protocol is activated by the VISA “Verified by VISA” and Mastercard “Mastercard Secure Code” logos. In all transactions the system conducts a validation with the issuing bank of the card with which you are paying, asking for a key / PIN / signature / security code that the customer must have, and that together with the card number, expiry date and the 3 digits on the back guarantee the security of the transaction. We call this key / PIN / signature / security code the CES Security Code or CES Secure E-Commerce Code. The customer’s credit card details will be absolutely confidential (neither the company/entity nor third parties will be able to access them).

In the event that payment by credit card is refused, the purchase of the service will be automatically cancelled and the customer will be informed of the cancellation by electronic means.

5.- Finally, you must confirm the contracting and/or purchase of the services selected.

V.- CONTRACTED SERVICES. LEGAL GUARANTEE.

The services sold by the company/entity on the website include and are offered with a description of their characteristics that is accurate as possible. This description also includes information about the after-sales services that correspond to the contracted service, if such services exist, and about the terms and conditions of said after-sales services.
You are hereby informed that the services we provide via the website will not be subject to the legal guarantee provided for in Article 114 of the TRLGDCU (Consolidated Text of the Spanish General Consumer and User Protection Act) and governed by Title IV (Guarantees and After-sales Services) of the TRLGDCU as they are one of the exceptions listed in Article 114.2 TRLGDCU stating that the legal guarantee does not apply to the provision of services other than digital services, regardless of whether the company/entity has used digital forms or means to obtain the result of the service or to deliver or transmit the same to the consumer or user.

The provisions of Title IV (Guarantees and After-sales Services) of the TRLGDCU (Consolidated Text of the Spanish General Consumer and User Protection Act) will always apply to the legal guarantee of conformity applicable under these terms and conditions of business.

VI.- PRICE AND AVAILABILITY OF THE SERVICE.VI.PRECIO Y DISPONIBILIDAD DEL SERVICIO.

The prices applicable to each of the services are published on the website and indicated for each service. The prices of the services are shown in euros.

Before you accept the booking and/or purchase transaction, the prices of each of the services selected and/or booked will be clearly specified, as well as the expenses that will be applicable to the operation and the promotions or discounts that may be applicable.

The company/entity reserves the right to modify its prices at any time. In case of modification of the sale price, the services will be invoiced according to the price effective during the registration of the booking and/or purchase.

For any payment made to the company/entity you will receive an invoice in your name.

For any information about the service purchased, you should send an email to the email address info@viajessimpatia.com, indicating your customer/user details in the message subject line.

VII.- OFFERS.

The offers are duly indicated. The services offered on the website will be available until any modification to it is made, which will be notified one week in advance.

VIII.- RIGHT OF WITHDRAWAL.

You are hereby informed that the right of withdrawal will not apply to the contracted service as it is one of the

exceptions provided for by Article (103 L TRLGDCU).

You are hereby informed that the right of withdrawal will not apply in cases where you have contracted any o

f the following services as listed in Article 103 of the TRLGDCU (Consolidated Text of the Spanish General Consumer and User Protection Act):

– Accommodation services for purposes other than housing, transport of goods, rental of

vehicles, food or services related to leisure activities, if the contracts provide for a date or

a specific execution period. (103 L TRLGDCU.)

– The supply of digital content that is not provided on a tangible medium when the performance has

once the contract has begun, the customer is informed if it imposes a payment obligation on the consumer or user.

that at the time of contracting the service or product, they are expressly stating their

express consent and knowledge of the lack of right of withdrawal in the services and/or products

losing the right of withdrawal (103 M, TRLGDCU.).

However, you are informed that you may withdraw from the contracted service provided that the cancellation is made at least 24 hours in advance, otherwise you will be charged for the contracted service except in cases of force majeure.

IX. CLAIMS, COMPLAINTS AND INQUIRIES.

If you are a consumer and have any questions, issues, complaints or claims after purchasing our products or services, the company provides you with a Customer Service department at the following email address: info@viajessimpatia.com.

You can also make inquiries or submit complaints and claims by phone at 971431357 and in writing at the address CALLE 16 DE JULIO, Nº 25 07009 PALMA DE MALLORCA, BALEARES.

Complaint forms are available to consumers, which can be consulted at the following link: https://caib.es/sites/consumidor/es/full_de_reclamacions_i_cartell_informatiu/archivopub.do?ctrl=MCRST19ZI337329&id=337329 or on the following website: https://caib.es/sites/consumidor/es/full_de_reclamacions_i_cartell_informatiu/ or request by email.

Once we receive your complaint, we will provide you with a registration number and an acknowledgment confirming receipt. We are committed to responding to any complaint as quickly as possible, and in any case, within one month of receiving it.

To complete the claim or complaint, you can also use any of the official complaint forms available to you, provided by the competent authorities, at the municipal or regional consumer offices in your place of residence.

In the event that we have not satisfactorily resolved a claim filed by you, as a consumer you may file a complaint or claim with the relevant consumer protection and information authorities, which you can consult at the following links:

Local level: https://cidoc.consumo.gob.es/directorio-mapas/oficinas-municipales-informacion-consumidor

Regional level: https://www.dsca.gob.es/es/consumo/cooperacion-institucional/organismos-autonomicosconsumo

State level: https://consumo.sede.gob.es/procedimientos/index/categoria/1426/language/es_ES

EU level: https://portal-cec.consumo.gob.es/

The company/entity informs the customer that it is not affiliated with any alternative consumer dispute resolution entity or consumer arbitration system, nor is it obliged by any rule or code of conduct to participate in the procedure before a specific entity.

This clause does not apply if you are a business or professional entrepreneur unless you are a consumer as defined in Article 3.1 of the TRLGDCU.

X. COMPANIES OR PROFESSIONALS.

If you are contracting as a company or business professional, the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users, will not apply to this contract unless you have the status of consumer under the terms established in art. 3.1 of the TRLGDCU.

Furthermore, in this case, if you are a company or business professional in this contract, both parties submit to the competent Courts and Tribunals for any issues that may arise or actions that may be exercised derived from the provision of the website service and its services and content, and on the interpretation, application, compliance or non-compliance with the provisions of these general terms and conditions of contract, since in this case the regulations for consumers and users do not apply.

XI. CELEBRATION OF THE CONTRACT.

Contracts will be deemed valid and produce all the effects provided for by law when consent and the other requirements necessary for their validity are met, and will be governed by the provisions of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI), Articles 23 and 24, the Civil Code, the Commercial Code, and other applicable civil or commercial regulations. If you are a consumer, this contract will be deemed to have been entered into at your place of habitual residence. If you are a professional or businessperson, this contract will be deemed to have been entered into at the location of the registered office and/or establishment of the company/entity.

XII. MODIFICATION.

The company/entity reserves the right to modify or replace these terms and conditions if new economic, commercial, regulatory, and/or extraordinary circumstances arise that affect the sale of the product and/or the provision of the service and/or related aspects that justify modifying these terms and conditions. Unilateral modifications to these terms and conditions for justified reasons will in no case affect the terms and conditions of products, services, or promotions contracted prior to any modification.

XIII. LIABILITY REGIME.

The company/entity will not be responsible for problems arising from lack of access or problems inherent to Internet connectivity or electricity networks when these originate from causes beyond its control or causes that could not have been foreseen by the parties or that, even if foreseeable, the company/entity has made all reasonable efforts to avoid or that are considered as fortuitous causes or force majeure.

The company/entity shall not be liable under any circumstances for delays in the performance of its obligations or for non-performance thereof if such non-performance is due to force majeure, in accordance with the provisions of Article 1105 of the Civil Code. This circumstance shall be communicated to the other party as soon as possible. The agreed delivery deadlines shall be extended by at least the duration of the force majeure event. If the force majeure event lasts for more than three (3) months, either party may terminate these terms and conditions.

XIV. PROTECTION OF INTELLECTUAL PROPERTY.

VIAJES SIMPATÍA SA owns the domain and website www.viajessimpatia.com. The trademark is duly registered in the name of VIAJES SIMPATÍA SA. Likewise, the website www.viajessimpatia.com, including but not limited to its programming, editing, compilation, designs, logos, text, and/or graphics, is the property of VIAJES SIMPATÍA SA and is protected by national and international intellectual and industrial property laws. Therefore, the rights holder expressly prohibits the use or reproduction, in whole or in part (by any physical or electronic means), by third parties, unless there is a written agreement or authorization to that effect.

Access by the user to the website does not grant them any ownership rights over it. VIAJES SIMPATÍA SA will exercise the legally provided legal actions against those who, knowingly and without authorization, carry out any of the acts detailed.

XV. INFORMATION ON COMMERCIAL REVIEWS

In accordance with the provisions of Article 20 of the TRLGDCU, you are informed that the company/entity cannot guarantee that the reviews published on the website or on our social media profiles have been made by customers or users who have used or contracted our products or services.

XVI. APPLICABLE LAW AND JURISDICTION.

These general terms and conditions shall be governed by and construed in accordance with Spanish law in all matters not expressly provided for herein. The parties submit to the jurisdiction of the competent Courts and Tribunals for any matters that may arise or actions that may be brought relating to the provision of the website service and its services and content, and regarding the interpretation, application, compliance with, or breach of these general terms and conditions. If the user is a consumer, the competent Courts and Tribunals shall be those corresponding to the consumer as provided for in current consumer protection legislation, in which case the competent court shall be that of the consumer’s domicile or the place of performance of the obligation.

XVII. PERSONAL DATA.

In accordance with the provisions of the General Data Protection Regulation (GDPR) EU 679/2016 and Organic Law 3/2018 of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, the following information regarding the processing of your personal data is provided: Data Controller: VIAJES SIMPATÍA SA, Tax ID: A07150451 Postal Address: CALLE 16 DE JULIO, Nº 25, Postal Code: 07009 PALMA DE MALLORCA Telephone: 971431357 Email: info@viajessimpatia.com. DATA PROTECTION OFFICER: CONTACT: / http://www.protecmir.com / EMAIL: protecmirlegal@protecmir.com. PURPOSE: At VIAJES SIMPATÍA SA, we process the information you provide to us in order to provide you with the requested service, invoice you for it, and manage the sending of information and commercial prospecting. To offer you services tailored to your interests, we will create a commercial profile based on the information provided. No automated decisions will be made based on this profile. The personal data provided will be kept for as long as the business relationship is maintained and you do not request its deletion, for a period of 5 years from your last contract and/or purchase. In any case, your personal data will be kept as long as it is useful for the stated purpose, and, in any event, for the legally required periods and for the time necessary to address any potential liabilities arising from the processing. LEGAL BASIS: The processing of your personal data is based on the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract. In any case, you have given your consent to the processing of your personal data for one or more specific purposes, in accordance with the provisions of EU Regulation 679/2016 (Article 6.1.A.B) and Spanish Organic Law 3/2018 of December 5 (LOPDPGDD). Articles 20 and 21 of Law 34/2002 on Information Society Services apply to the sending of commercial offers via telecommunications. The prospective offer of products and services is based on the consent requested from you, and in no case will the withdrawal of this consent affect the contract for the purchase of the product and/or the provision of the service. You are obligated to provide your personal data; otherwise, the service cannot be provided, the product cannot be sold, and/or the requested offer cannot be provided. You are required to provide your consent in order to receive prospective offers and commercial information. RECIPIENTS: Your data will not be shared with any third party outside the Entity, except where legally required. However, we inform you that third-party providers may have access to your personal data, acting as data processors, within the framework of providing a service to the Entity Responsible for the Data Processing. In addition to the above, the Entity may transfer or disclose personal data to fulfill its obligations to Public Administrations when required by applicable law. There are no plans to transfer data to third countries. RIGHTS: Data subjects have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, to request its erasure when, among other reasons, the data is no longer necessary for the purposes for which it was collected. In certain circumstances, data subjects may request the restriction of the processing of their data, in which case we will only retain it for the exercise or defense of legal claims. Likewise, and for reasons related to their particular situation, data subjects may object to the processing of their data, in which case their personal information will no longer be processed for those purposes to which they have objected. Where technically feasible, data subjects may request the portability of their data to another Data Controller. To exercise these rights, in accordance with current legislation, interested parties may contact VIAJES SIMPATÍA SA by mail, attaching a copy of their identity document (DNI), at CALLE 16 DE JULIO, Nº 25, CP: 07009, PALMA DE MALLORCA, or by email to info@viajessimpatia.com. You have the right to file a complaint with the Supervisory Authority: Spanish Data Protection Agency (www.agpd.es). Source of Personal Data: the data subject.