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Introduction
This contractual document sets out the General Terms and Conditions for the booking of package holidays, day trips and individual tourist activities (hereinafter, the “Terms”) via the website bgt-travel.com, owned by Bespoke Guide Tours, S.L. under the trade name BGT-TRAVEL (hereinafter, the “Provider”), whose contact details are also set out in the Legal Notice on this website.
These Terms and Conditions will remain published on the website and available to the USER to print and save as confirmation of the contract; they may be amended at any time by the PROVIDER. The USER is advised to keep a printed or digital copy of these Terms and Conditions for any future eventuality, particularly as contractual evidence in the event of any issues.
It is the USER’s responsibility to read them periodically, as those in force at the time of placing orders shall apply.
Contracts shall not be subject to any formality except in the cases expressly provided for in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
• Has read, understands and comprehends the contents herein.
• Is a person with sufficient legal capacity to enter into a contract. In the event of contracting on behalf of third parties, the USER guarantees that they have the necessary authorisation to make the booking on behalf of the beneficiary of the service.
• Assumes all obligations
These terms and conditions shall remain in force indefinitely and shall apply to all contracts entered into via the SERVICE PROVIDER’s website.
The PROVIDER hereby states that the business is responsible for and aware of the applicable legislation, and reserves the right to unilaterally amend these terms and conditions, without this affecting the terms and conditions that were in force prior to the amendment. Any amendment to these Terms and Conditions will be communicated on the website via a visible notice or by email to the registered USER, with the terms and conditions in force at the time of acceptance of the booking remaining binding at all times.
The USER’s acceptance of these Terms and Conditions shall be effected by explicitly ticking the acceptance box during the online booking process, which shall be deemed equivalent to a digital signature for all legal purposes.
The PROVIDER declares that it complies with all applicable regulations regarding package holidays, e-commerce and data protection, guaranteeing the transparency and security of transactions.
Identity of the contracting parties
On the one hand, the SERVICE PROVIDER for the service contracted by the USER is Bespoke Guide Tours, S.L., with its registered office at Avda. Pablo Picasso 1, Local E, Urbanización Cortijo Blanco, San Pedro Alcántara, Marbella, Málaga, Spain, Tax ID No. B93735546 and with a customer service/USER telephone number of +34 685 577 352. RTA registration: xxx/xxx/xxxxxx
And on the other hand, the USER of the website, who shall be responsible for the accuracy of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual relationship of sale arising between the PROVIDER and the USER at the moment the USER ticks the relevant box during the online booking process.
The contractual relationship of sale and purchase entails the provision of a specific service in exchange for a specific price publicly displayed on the website.
Registration Procedure
In order to access the services offered by the PROVIDER, the USER must be of legal age. Accordingly, the USER must freely and voluntarily provide the personal data requested, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD), on the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.
The USER warrants that they have the legal capacity to enter into a contract and that all information provided is accurate, complete and up to date.
The USER may at any time exercise their rights of access, rectification, erasure, restriction, data portability and objection by contacting the PROVIDER at info@bgt-travel.com.
Please be advised that in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure shall follow the steps below:
1. General terms and conditions.
2. Activation of services.
3. Right of withdrawal (cancellations).
The right of withdrawal shall be governed by the provisions of Articles 101 et seq. of Royal Legislative Decree 1/2007 and Law 21/2018, and shall not apply to services whose performance has commenced at the express request of the USER or to those which, by their nature, cannot be returned, such as excursions on a specific date, or non-refundable tickets.
4. Complaints.
5. Force majeure.
6. Jurisdiction.
7. General terms of the offer.
8. Price and validity period of the offer.
9. Transport costs.
10. Payment method, charges and discounts.
11. Purchase process.
12. Termination and suspension or cancellation of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
The steps listed constitute a guide to the contracting process and may be set out in detail in each section of these Terms and Conditions.
Each of these steps is detailed in the following sections, which set out the rights and obligations of the parties, as well as the procedures for cancellation, complaints and guarantees.
1. GENERAL TERMS AND CONDITIONS
Unless otherwise specified in writing, the placing of an order with the SERVICE PROVIDER shall constitute the USER’s acceptance of these legal terms and conditions. No terms proposed by the USER may deviate from those of the SERVICE PROVIDER unless expressly accepted in advance and in writing by the SERVICE PROVIDER.
The USER acknowledges and accepts that acceptance of the service constitutes a binding contract in accordance with current legislation on distance contracts and on package tours and tourist activities.
The USER declares that they are aware that any amendment to these Terms and Conditions must be made in writing and expressly accepted by the PROVIDER in order to be valid.
The PROVIDER reserves the right to reject any booking request that does not meet the established requirements or that could affect the security or integrity of the services offered.
In the event of any discrepancy between these Terms and Conditions and any information published on the website, the provisions of these Terms and Conditions shall prevail, unless otherwise agreed in writing.
2. ACTIVATION OF SERVICES
The PROVIDER shall inform the USER in advance of the procedure to be followed to book the service.
The automatic system for calculating availability and prices allows the USER to select the trip, accommodation and any additional services they require and to make the payment online immediately.
Once payment has been verified, the PROVIDER will contact you by email to confirm your booking. This confirmation is subject to availability having been confirmed.
The USER acknowledges that the email confirmation constitutes formal acceptance of the booking and the commencement of the contractual relationship.
The SERVICE PROVIDER may require additional documentation to verify the USER’s identity or eligibility for certain services, such as minimum age, a valid passport or special certificates required by service providers.
Activation of the service is subject to the accuracy of the details provided by the USER and the actual availability of the selected services.
In the event of the unavailability of any of the contracted services, the PROVIDER shall inform the USER as soon as possible and offer equivalent alternatives or a full refund of the amount paid.
The PROVIDER shall not be liable for delays or failure to perform the services arising from errors in the information provided by the USER, nor for circumstances beyond its control that affect the availability of the service.
Failure to perform the distance contract
In the event that the PROVIDER has not activated the service within 30 days of the date of registration, due to the service being unavailable, the USER must be informed and shall be entitled to cancel the order and receive a full refund of the amount paid at no cost, without this giving rise to any liability for damages attributable to the PROVIDER.
The PROVIDER shall not be liable if the service is not activated because the details provided by the USER are false, inaccurate or incomplete.
In accordance with package travel regulations, the general 14-day right of withdrawal shall not apply in cases where the service can be provided on the contracted date. The USER may only cancel without penalty if the PROVIDER is unable to activate the service due to a complete lack of availability.
In such a case, the PROVIDER shall refund the USER the full amount paid within 14 calendar days of notification of the impossibility of providing the service.
3. CANCELLATIONS
The customer may cancel their booking, although such cancellation is subject to the following conditions:
• Administration fees:
Once the booking has been confirmed, a fixed charge of 50 euros will be applied to cover administration costs; this fee is non-refundable under any circumstances.
• Non-refundable tickets and services:
Tickets or other services classified as non-refundable will not be refunded to the customer in the event of cancellation, regardless of when the cancellation occurs.
• Cancellations made more than 48 hours in advance:
The customer may cancel the booking up to 48 hours before the start of the activity, subject to:
o The administration fees indicated above
o The amount corresponding to non-refundable tickets or services, where applicable
• Cancellations made less than 48 hours in advance or no-shows:
In the event of cancellation made less than 48 hours in advance or in the event of a no-show, no refund will be made, and the customer must pay 100% of the booking amount.
All cancellations must be notified to the PROVIDER by email to info@bgt-travel.com, stating the relevant booking or order number.
In the event that any of the contracted and cancelled services are subject to special contractual financial conditions, such as aircraft or ship charter, special fares, etc., the cancellation fees for withdrawal shall be determined in accordance with the conditions agreed by both.
In accordance with the Package Travel Act (Act 7/2011) and applicable European regulations, the general 14-day right of withdrawal shall not apply to bookings for excursions or trips with a specific date or period, unless the cancellation is due to the SERVICE PROVIDER’s total inability to provide the service.
In this case, the USER may cancel the booking and the PROVIDER shall refund the full amount paid within 14 calendar days of notification of such impossibility.
The USER may transfer their booking to a third party provided they give notice 48 hours prior to the start date of the trip or activity. The transferee must meet the same requirements as the transferor, and both shall be jointly and severally liable for payment of the price and any additional costs incurred.
In cases where the SERVICE PROVIDER makes the provision of the service conditional upon a minimum number of participants and this number is not reached, the booking may be cancelled and the USER shall be entitled solely to a refund of the total price paid, without being entitled to claim any amount by way of compensation, provided that notification is given at least 10 calendar days in advance.
4. COMPLAINTS
Any complaint that the USER deems appropriate will be dealt with as soon as possible and may be submitted via the following contact details:
Postal address: Bespoke guide tours, S.L, Avda. Pablo Picasso 1, Local E, San Pedro Alcantara, Marbella, Málaga, Spain
Telephone: +34 685 577 352
Email: info@bgt-travel.com
5. FORCE MAJEURE
In circumstances of force majeure or exceptional circumstances, for example, in the event that there are serious security issues at the destination that may affect the contracted service, the USER may terminate the contract prior to the start of the package tour, without incurring any penalty. The parties shall not be liable for any breach due to force majeure. Fulfilment of the obligation shall be deferred until the force majeure event ceases.
6. JURISDICTION
The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.
Should any provision of these terms and conditions be deemed null and void or impossible to fulfil, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be subject to any modification.
The USER declares that they have read, understood and accepted these Terms and Conditions in their entirety.
7. GENERAL TERMS OF THE OFFER
Details of each service are provided to the USER in the relevant description on the website.
All sales and deliveries made by the PROVIDER shall be deemed subject to these Terms and Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Bespoke guide tours, S.L. or to the provisions herein shall have effect, unless expressly agreed in writing and signed by the PROVIDER, in which case such specific agreements shall prevail.
Given the continuous technical advances and improvements to services, the PROVIDER reserves the right to modify the specifications regarding the information provided in its advertising, provided this does not affect the value of the services offered. These modifications shall also apply in the event that, for any reason, the ability to provide the services offered is affected.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each service include Value Added Tax (VAT). Unless expressly stated otherwise, these prices do not include tourist taxes, travel insurance or any other additional services related to the service purchased.
The prices applicable to each service are those published on the website and are expressed in euros. The USER acknowledges that the cost of some services may vary in real time.
Before completing your purchase, you can check all the details of the quote online: services, quantities, price, availability, charges, discounts, taxes and the total purchase amount. Prices may change daily until the order is placed.
Once the order has been placed, the prices will remain the same regardless of whether the service is available or not.
The PROVIDER shall be liable for errors due to technical faults in the booking system attributable to it, as well as for errors made during the booking process, where the PROVIDER has agreed to manage the booking of a package holiday or travel services forming part of linked travel arrangements.
The PROVIDER shall not be liable for booking errors attributable to the USER or caused by unavoidable and extraordinary circumstances.
If, once the package holiday has commenced, significant elements of it cannot be provided, the PROVIDER must offer the USER suitable alternative arrangements at no additional cost. The USER may terminate the contract without paying any penalty in the event of non-performance of the services where this substantially affects the performance of the package tour and the PROVIDER is unable to resolve the problem.
The USER shall be entitled to a price reduction and/or compensation for damages in the event of non-performance or improper performance of the travel services.
Any payment made to the PROVIDER will result in an invoice being issued in the name of the registered USER or the company name provided by the USER at the time of placing the order. If you wish to receive the invoice by email, you must request this via any of the channels made available by the PROVIDER; please note that you may revoke this decision at any time.
For any information regarding the order, the USER may contact the PROVIDER’s customer service line on +34 685 577 352 or via email at info@bgt-travel.com
9. DELIVERY CHARGES
There are no delivery charges.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for financial transactions and offers the following methods for paying for an order:
• Credit card
Security measures
The website uses information security techniques generally accepted within the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these aims, the USER agrees that the PROVIDER may collect data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to permit any transaction that is or is deemed illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or adversely affect them.
The following activities are prohibited under the card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder(s).
11. BOOKING PROCESS
Book the selected service; once booked, you will be asked to select your arrival and departure dates, the number of guests (adults and children) and any additional services chosen. Following this, the details will be verified and payment processed.
From this page, you can place an order by following these steps to ensure it is completed correctly:
1. - Check the billing details.
2. - Select the payment method.
3. - Place the order (purchase).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s administration department and another to the USER’s email address confirming the order has been placed.
Within a maximum of 24 hours on working days, an email will be sent to the USER confirming the status of the booking, along with all relevant information.
12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions is deemed unlawful, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, where the USER fails to comply with or fulfil any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.
Where the SERVICE PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the SERVICE PROVIDER.
13. WARRANTIES AND REFUNDS
The guarantee for the services offered shall be governed by the following articles based on Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws:
Article 164. Effectiveness and scope of the guarantee against insolvency.
1. The PROVIDER has established a guarantee and may adapt it where necessary. This guarantee is established through the creation of a guarantee fund, the taking out of insurance, a surety or other financial guarantee, on the terms determined by the competent authority. If passenger transport is included in the package travel contract, a guarantee shall be established for the repatriation of travellers, and the continuation of the package tour may be offered. The requirement for this guarantee shall in all cases be subject to the provisions of Law 20/2013 of 9 December on the guarantee of market unity.
2. The guarantee is valid and covers costs that are reasonably foreseeable. It covers the amount of payments made directly by the USER, or by a third party on their behalf, in relation to package holidays during the high season, taking into account the period between advance payments and final payments and the completion of the package holidays, as well as the estimated cost of repatriation in the event of insolvency. The necessary cover may be calculated on the basis of the most recent commercial data, such as the turnover from package tours generated in the previous financial year, but must be adjusted in the event of increased risks, particularly due to a significant increase in the sale of such tours.
3. Insolvency shall be deemed to have occurred as soon as it becomes evident that, due to the PROVIDER’s lack of liquidity, travel services are no longer being performed, will not be performed, or will be performed only in part, or when the PROVIDER requires the USER to pay for them. Once insolvency has occurred, the guarantee must be available and the USER must be able to easily access the guaranteed protection, without prejudice to being offered the continuation of the package tour. Refunds for travel services not provided shall be made without undue delay upon request by the USER.
4. Protection against the insolvency of the PROVIDER shall apply to travellers regardless of their place of residence, the place of departure, the place where the package was sold, or the Member State in which the insolvency protection provider is established.
5. Where the performance of the package tour is affected by the Provider’s insolvency, the guarantee shall be activated free of charge for repatriation and, where necessary, for the financing of accommodation prior to repatriation, without requiring any advance payment from the User.
Article 165. Guarantee of contractual liability.
The PROVIDER is obliged to provide a guarantee that shall generally cover the fulfilment of the obligations arising from the provision of its services to the contracting parties of a package tour. In any event, the USER may claim this guarantee directly from the established compensation scheme.
14. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by and interpreted in accordance with Spanish law in respect of any matters not expressly provided for herein. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s place of residence any dispute that may arise from the provision of the products or services covered by these Terms and Conditions.
Should the USER be domiciled outside Spain, the SERVICE PROVIDER and the USER expressly waive any other jurisdiction and submit to the dispute resolution body which will act as an intermediary between them in accordance with Article 14.1 of Regulation (EU) No 524/2013, without the need to resort to the courts. For further information, please refer to clause ‘4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION’ of these Terms and Conditions.
This contract shall be interpreted in accordance with Spanish law, guaranteeing at all times the minimum rights of consumers and users recognised by the General Law for the Protection of Consumers and Users and applicable European legislation.
The USER retains the option to resort to online alternative dispute resolution procedures, including the EU Online Dispute Resolution (ODR) platform, accessible at: https://webgate.ec.europa.eu/odr/
In any event, the choice of jurisdiction or out-of-court resolution does not limit the USER’s legal rights to claim damages, compensation or contractual performance in accordance with current legislation.