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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-187782-3, a company dedicated to tourist information, travel guides and the organization of trips and leisure plans.
The Legal Notice published on this Web page identifies the owner according to the provisions of Art. 10 of the Law of Services of the Information Society and Electronic Commerce and the section “Privacy Policy” contains information on the policy of Protection of Personal Data.
The services offered on this site 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 concluding the contract.
These General Terms and Conditions constitute a contractual framework between our company and the User, and shall only be replaced by the Special Conditions included in the service sheets of the web catalog and in the package travel contract.
Contracts are carried out within the legal framework established for Electronic Commerce by Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998, of April 13, 1998, on general contracting conditions, and Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the defense of consumers and users.
This website is freely and freely available 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 shall the User be liable for any mobile data consumption costs incurred by the User when using it if he/she is not connected to WiFi.
The acceptance of these Conditions, a requirement for the use of the website and the functionalities that Mandala Tours may integrate, makes the customer a User, who is subject to them to the fullest extent: by accessing the website it is understood that you have 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 User’s personal use.
Its 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 prevail.
The User agrees to use the services and contents of this website in accordance with the Law and the general and specific terms and conditions of the services offered at all times, and must refrain from using them for:
Limitation of liability
Mandala Tours will make every reasonable effort within its control and management capacity to ensure 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 or prevented due to uncontrollable factors beyond the responsibility of Mandala Tours, factors such as, but not limited to, the operation of search engines of third party providers with which it is linked to integrate their products or services in their 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 website.
It also states that it has no control over the programming, content and legality of such advertising, becoming solely responsible for the provider of the services that are advertised.
Mandala Tours also reserves the right to temporarily interrupt the service without prejudice to orders already placed.
Mandala Tours shall be responsible for the proper functioning of the website and the platform within its scope and capacity of control in relation to the specific incident and its individual intervention in the development and maintenance of the module from which the incident has arisen, taking into account that certain functionalities of the platform are partially supported by other technological partners of Mandala Tours.
Mandala Tours is not responsible for any possible 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 necessary security measures for the development of its activity.
Industrial and intellectual property
All contents of the Mandala Tours website and platform, including content, trademarks, graphics, logos, logos, icons, buttons, images and software, as well as the selection, compilation, arrangement, programming, design and assembly of all website and platform content are the property of Mandala Tours, its suppliers and its technological partners 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 of the same without the express consent of Mandala Tours, its suppliers or its technological partners, with respect to the elements whose property they hold, is strictly prohibited.
Previous Considerations
These Terms and Conditions 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 hires made under the validity of previous versions.
The current version of the same will be displayed on the website from the date on which such changes become effective. Mandala Tours recommends Users to read these terms and conditions before browsing, booking or contracting through the website.
It is the User’s responsibility to print or save a copy of these General Conditions on a durable medium for consultation prior to contracting and to keep them after contracting, without prejudice to their being sent by e-mail after contracting on line.
If any clause included in these general conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the general conditions shall subsist in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been included.
In this case, the invalid clause shall be replaced by a new one in accordance with the law in force, with a wording and spirit as close as possible to the clause that has become inapplicable.
The User declares that he/she is of legal age and has the necessary legal capacity to contract the services offered on the website, in accordance with the conditions below, which he/she declares to understand and accept.
In the case of hiring services by minors, the authorization of parents or guardians is required to hire and enjoy the contracted service.
The user is solely responsible for the truthfulness and accuracy of the information provided to Mandala Tours in the booking process.
Minors under 18 years of age must be accompanied by their parent/s and/or guardian/s during the entire trip.
Otherwise the trip 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 checking a box, these terms and conditions, and any that affect the management of the services offered, such as general conditions of contracting or information relating to them.
The User is fully and clearly informed of the contractual conditions affecting the services prior to contracting, especially the conditions of cancellation of reservations and their right of withdrawal.
If you have any questions about the information available on the website, you can contact Mandala Tours before contracting on the phone and email address listed on this site.
These conditions relating to package travel apply, according to the applicable regulations, provided that our customer contracts in combination transportation services, accommodation or other tourist service that constitutes a significant part of the trip under a global price when the provision of all services exceeds 24 hours or includes an overnight stay.
The following General Conditions may be modified by the Special Conditions contained in the specific itinerary of each trip and in the package travel contract, which they supplement 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/she will be able to confirm his/her reservation through the form provided for this purpose, for which he/she will have to accept the Legal Notice and Privacy Policy and the General Terms and Conditions present. Once the reservation has been requested, the client will receive an informative email with the program/itinerary in pdf or digital format, the package travel contract, the link to make the payment through the virtual TPV with the amount to be settled and also information will be offered for the optional contracting of a travel insurance.
Mandala Tours reserves the right to change services or prices described in our online travel catalog or any other means without affecting reservations already made.
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 the reservation has been made, without being required any compensation for such fluctuations inherent in tourist services except as provided in section 4.3 of this section “Contracting a Package Travel”.
In the event that, once the trip is 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 such an event, the customer may choose to terminate the contract without penalty or accept the alternative travel proposal.
If the customer wishes to terminate the contract, Mandala Tours will refund the amounts paid to the customer.
The customer must communicate the decision to Mandala Tours within three days after being notified of the modification of the trip.
In the event that the customer does not notify its decision in the terms indicated, it will be understood that the customer chooses to terminate the contract without penalty.
1.2 .- Tailor-made trips.
In the event that the customer requests a customized trip, provide information about the desired trip to Mandala Tours through the web form, after which a budget will be sent to the email provided.
This budget will be calculated based on the requirements and characteristics of the trip desired by the customer. Mandala Tours will accept the client’s requests and their contributions in order to organize the perfect trip.
Finally, once the services offered to the client have been accepted, he/she 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 package travel contract.
In addition, information will be offered for the optional contracting of a 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 that is sent to him are subject to change depending on the confirmation of the individual acceptance of each of them, and expressly accepts it, this under Article 153 of RDL 1/2007, not taking the initial offer binding insofar as it depends on the acceptance of the client the ability of the agency to confirm the services.
Once these are confirmed by the customer, Mandala Tours will proceed to confirm them to the final suppliers, trying to obtain them under the same conditions as those offered to the customer.
1.3.-Thepackage travel contract will be formalized in the case of tailor-made trips through email exchange, expressly accepting the user this medium as a channel of communication with Mandala Tours.
The customer must read, sign and return the signed contract, or if it is impossible to scan, respond to the email in which it was sent expressly accepting its contents.
Only upon receipt, by the agency, of the express acceptance of the User, the reservation will be considered formalized.
1.4- The User is responsible for providing his/her data correctly in the contracting processes established in the web page, or by e-mail, and at all times the User must provide all identification data correctly and as they appear in the ID card or passport.
The User will respond, in any case, the veracity of the data provided and will be responsible for communicating to Mandala Tours any changes in them, the agency reserves the right to exclude from the registered services to any User who has provided false information, without prejudice to other actions that may apply in law.
The lack of truthfulness and / or accuracy, whether voluntary or involuntary, in the data that the customer communicates to Mandala Tours will be the sole responsibility of this, as well as all subsequent consequences for the booking of tickets, insurance or processing of visas that are generated.
2. Persons with reduced mobility and health circumstances
Persons with reduced mobility, before proceeding with the reservation request, must inform the agency of such 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 EC Regulation 1107/2006, a person with reduced mobility means any person whose mobility to participate in the trip is reduced for reasons of physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation requires appropriate attention and adaptation to their particular needs of the service made available to 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 bring it to the attention of the establishments providing the services, to provide the User with maximum guarantees for their welfare.
3. Confirmation of reservation
The perfection of the package travel contract occurs with the acceptance of the conditions by the User, either on the 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 binding on both parties.
By formalizing the reservation, the client has read and understood all the clauses of these General Terms and Conditions, the particulars of the trip and the package travel contract, the itinerary, and other non-binding documentation made available to him/her.
The customer shall give his consent under the terms described in these General Terms and Conditions.
Each time Mandala Tours receives a reservation, an email confirmation of receipt is sent within 48 hours of receipt, except in the case of reservations received on holidays or weekends, when confirmation will be sent the next business day after receipt.
The change of the reservation of one trip for 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 will be detailed all the services included in the same per person, being, as a general rule:
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 e-mail reply to the request for information.
Any service not expressly included in the “Price includes” section of the offer, or not specifically detailed in the program/offer, shall be excluded from the price of the trip. Among the excluded services, by way of example but not limited to, are:
– The excursions that the Client hires on his own, before the beginning or during the trip.
It does not include, expressly, the excursions offered in the accommodations, regardless of whether they are included in the program of Mandala Tours. Mandala Tours is not responsible for any damage or negligence caused by service providers that the traveler or the group hire directly at the destination and that are not specified in the section “The price includes” of the itinerary.
– Services and consumables that the Client contracts in the establishments where he/she 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 case of full board or half board, unless expressly agreed otherwise in the contract), and the optional services of the hotel, hostel or inn, as well as extra nights of accommodation that the user may wish to contract.
– Fees/tips/credit memos that the client has to pay directly to the suppliers.
– The price of any additional cancellation and assistance insurance that the traveler may wish to purchase.
– 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 Customer the payment of any additional fee/tip/credit, Mandala Tours will inform the Customer as soon as it becomes known, being in any case the Customer’s responsibility for 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, taxes and fees related to certain services related to the organized trip and the exchange rates applied to the trip vary.
These revisions will be notified to the consumer, in writing or by any means that allows a record of the communication made, being able, when the modification made is significant, to withdraw from the trip, without penalty, or accept the modification of the contract.
In no case, it will be revised upwards in the twenty days prior to the departure date of the trip, with respect to 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 Euro currency (€).
4.5. In case of non-payment of the amounts that in each case could be pending after each of the due dates 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 wire transfer in relation to catalog 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, holder of a PayPal account, can consult before placing the order here.
The payment of the amount may also be facilitated through virtual POS with VISA credit/debit cards, MasterCard debit/credit/prepaid cards through Secure Payment.
The client will receive by e-mail a link to access the Secure Payment gateway, where he/she will have to enter his/her card details directly into the bank’s interface, together with the reservation number.
When making the payment through the gateway, the transaction will be authorized through the authentication system that the User’s card has incorporated.
Only with the acceptance of the transaction by the credit card company 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 processed in the encrypted digital payment tool.
The User should consult with his bank about the possible surcharge for commissions that will be applied for the transaction. Mandala Tours is in no way responsible for any charges that your bank may make for the transaction, especially in relation to any charges arising 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 outside the control of Mandala Tours; nor for any possible illicit charges that may be made by professional Users (other travel agencies that hire our services) on cards outside their property.
In the event that 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 complaint regarding subscriptions, charges or billing, the User may contact Mandala Toursaat [email protected].
4.7 Offers and promotions
Mandala Tours may launch offers and promotions through various communication channels by which the User can access services under special conditions, or can be applied to the price of these a certain discount.
In such cases, the User may be asked for the key or promotional code during the booking 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 Billing
The invoice corresponding to the services will be issued and sent by e-mail once the last of the payments established in the payment conditions of each trip has been made and verified.
b)RULES APPLICABLE TO THE BENEFITS OF THE PACKAGE
1. General
1.1. The services included in the package travel contract result from the information provided to the consumer in the package travel program/offer, as well as from the indications relating to this information made when confirming the reservation.
1.2. However, the organizing agency reserves the right to modify the information contained in the brochure prior to the conclusion of the contract.
In order to be valid, changes to such information must have been clearly communicated to the consumer in writing.
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 that are contracted, without Mandala Tours assume any obligation or responsibility for those products or services that does not provide directly beyond what is strictly required by the regulations in force.
1.4. It will be understood that the presence of pets is accepted in the trip if it is expressly indicated in the advertising or previous information of the trip.
Otherwise, if the consumer wishes to travel with his/her pet, he/she must inform the agency before making the reservation request so that it can inform him/her whether or not this is possible.
2. Accommodation
Unless otherwise stated in the travel program/offer or provided for in special conditions:
3. Transportation
3.1. The consumer must be present at the place indicated for departure with the advance notice 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 before the scheduled departure time.
It is recommended that the customer reconfirms flight departure times 48 hours in advance.
3.2. If the traveler is unable to take the trip because he/she did not show up in time, the regime provided for in these Conditions for failure to show up at departure or, as the case may be, the regime provided for the consumer’s cancellation shall apply.
3.3. Loss or damage occurring in connection with hand luggage or other objects carried and kept in the consumer’s custody are at the sole risk and expense of the consumer.
3.4. Any additional costs incurred by the traveler for excess baggage shall be borne by the traveler.
If the traveler so declares to the agency during the contracting process, the agency will provide the necessary information on the additional baggage policy of the airline in question beforehand.
4. Other services
4.1.
Servicios del guía Mandala Tours will generally select a guide for the trips.
The responsibilities of this figure towards the client are the following:
a. 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 eventual circumstances that occur in such a place beyond the control of Mandala Tours, so that the traveler enjoys the most of the place.
The traveler will submit to the authority of the monitor of the trip and will abide by his indications, for a good development of the trip.
b.
Contribute their knowledge to enrich the travel experience.
c.
Solve, to the extent possible, as well as serve as support to the customer in case of problem or unusual circumstance during the trip.
d.To intermediate between the client and Mandala Tours during the trip.
4.2.
Transporte público y Alquiler de vehículos. There may be circumstances in which, at destination, the traveler decides to travel in some type of vehicle, travel not integrated or pre-contracted in the Mandala Tours travel package.
The traveler is aware and accepts that Mandala Tours has no responsibility in relation to such transportation services, especially with regard to the choice and reliability of service providers, the quality of these, safety, and any civil, administrative or criminal liability arising from its misuse by the customer or the driver, if a third party.
C)RIGHTS AND OBLIGATIONS OF THE PARTIES PRIOR TO THE COMMENCEMENT OF THE VOYAGE
Modification of the contract
1.1. If at any time prior to departure the consumer wishes to request changes regarding destinations, means of transport, duration, schedule, itinerary of the contracted trip or any other aspect related to the services and the agency can make them, the agency may require the payment of justified additional costs that would have caused such modification as well as management fees for modification of the reservation that may not exceed 5% of the price of the trip.
1.2. Prior to departure, the agency can only make changes that are necessary for the successful completion of the package and that are not significant.
Necessary changes are considered significant if they prevent the realization of the purposes of the package according to its general or special characteristics.
1.3.In the event that the agency is forced to make significant changes, it will immediately inform the consumer.
The consumer may choose between accepting the modification of the contract in which the variations introduced and their impact on the price are specified, or terminate the contract.
The consumer must communicate his decision to the agency within three days of being notified of the modification.
If the consumer does not communicate his decision within the period indicated, it will be understood that he chooses to terminate the contract without penalty.
Price revision
The agency may only revise the price, upwards or downwards,provided that such revision takes place before 20 days prior to departure and that it is not significant, i.e. greater than 15% of the price of the trip.
Furthermore, such revision may only be carried out in order to adjust the amount of the trip price to the variations:
a) Exchange rates applied to the organized trip.
b) The cost of transportation included in the trip, including the cost of fuel.
c) Fees and taxes related to certain services, such as airport, embarkation, disembarkation and similar fees included in the price.
2.2. The revised price will be determined by reference to the counter value of the currency of the country of destination and the prices, rates and taxes applicable on the date of issue of the brochure.
In the case of circuits that include two or more countries, the exchange rate used as a reference is that of the US dollar on the same date.
2.3. If the price revision involves an increase of more than 15% of the price of the trip, the agency shall immediately inform the consumer, who may terminate the contract.
The consumer must communicate his decision 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 chooses to terminate the contract.
3. Consumer rights in case of termination by Mandala Tours
On the part of the AGENCY
In the event that the organizer cancels the package tour before the agreed departure date for any reason not attributable to the consumer and user, the consumer and user shall be entitled, from the time of termination of the contract, to reimbursement of all amounts paid or to the realization of another package tour of equivalent or higher quality if the organizer can offer it.
In the event that the trip offered was of lower quality, the organizer or retailer must reimburse the consumer and user, where appropriate in terms of the amounts already paid, the difference in price, according to the contract.
In any case, the consumer and user may require the reimbursement of the amounts paid to the entrepreneur who paid them, who must return them within 14 calendar days.
The computation of the term, in this case, will begin from the notification of the consumer and user of his option for the resolution or from the occurrence of the circumstances determining the cancellation.
The customer shall also be entitled to compensation whose liability is joint and several between the retailer and the organizer, amounting to 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 before the start of the trip.
There will be no right to compensation when the cancellation of the trip by the AGENCY is due to force majeure, meaning those circumstances beyond the control of the person who invokes them, abnormal, unforeseeable and unavoidable, despite having acted with due diligence, or when the trip does not take place because the number of registered persons required for its realization has not been reached.
There is no obligation to indemnify in the following cases:
In this case, the agency must communicate the cancellation in writing to the consumer as soon as possible and, in any case, no later than 20 days before the departure of the trip.
Failing this, the agency must notify the cancellation at least ten days prior to the departure date.
4. Assignment of the reserve
4.1. The consumer may transfer 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 transfer must be communicated by any means to the agency and will be free of charge if the agency receives the communication at least 15 days before the start date of the trip.
If you wish to carry it out later and the agency can accept it, it may require the consumer to pay a handling fee for the transfer that will not exceed the additional amount charged by the suppliers.
4.3. In any case, the consumer and the person to whom he/she has assigned the reservation 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 assignment may have caused.
5. Consumer’s right of withdrawal
On the part of the CUSTOMER
The customer, at any time, may cancel the services requested or contracted, being entitled to a refund of the amounts paid, whether it is the total price or the advance payment, but must compensate the AGENCY for the following cumulative concepts:
In cases of force majeure, the customer shall be exempted from liability.
5.2.
Efectos del desistimiento
In any case, the withdrawal takes effect from the moment the consumer’s desire to withdraw becomes known to the agency.
6. Lack of presentation at the exit
6.1.Failure to show up for departure shall exist if the consumer does not communicate his/her intention not to go on the trip and does not show up at the time and place scheduled for departure.
In this case, he loses the right to a refund of the amounts paid and continues to be obliged to pay the amounts that are pending payment.
6.2.However, if the failure to perform is due to force majeure, the consumer shall be entitled to a refund of the amounts paid.
D) RIGHTS AND OBLIGATIONS OF THE PARTIES AFTER COMMENCEMENT OF THE TRIP
1. Defective performance or failure to provide services
1.1.When the consumer finds during the realization of the trip that there is a defect or the lack of provision of any contracted service, he/she must communicate it in the same place and as soon as possible to the organizer or retailer and, where appropriate, to the provider of the service in question, so that the agency can have the possibility to seek an immediate solution if possible.
The communication must be made in writing or in any other form in which there is a record.
After receiving the communication, the retailer or the organizer must act diligently to find appropriate solutions.
1.2.In the event of non-provision or deficient provision of any of the services included in the trip, the traveler shall endeavor not to increase the resulting damages by his actions and decisions.
2. Inability of the organizer to provide a significant portion of the services.
2.1.The agency shall adopt the appropriate solutions for the continuation of the trip if, once the trip has started, it does not provide or proves that it cannot provide a significant part of the services foreseen in the contract.
An important part of the services foreseen are those whose failure to perform them prevents the normal development of the trip and makes it unreasonable to expect the average traveler on this type of trip to continue it under these 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.
If the consumer expressly or tacitly accepts the solutions proposed by the agency will not be entitled to any compensation for such modifications.
It will be considered that he tacitly accepts these proposals if he continues the trip with the solutions given by the organizer.
2.4.If the solutions adopted by the organizer are unfeasible or the consumer does not accept them on reasonable grounds, the agency shall:
a) Provide him/her with a means of transportation equivalent to that contracted in the trip to return to the place of departure or to any other place agreed upon by both parties, 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) To pay him/her the compensation that may be applicable in accordance with the provisions of these conditions.
3. Cancellation 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 may not claim a refund of the amounts paid and will continue to be obliged to pay those that are pending payment.
3.2. If the cancellation 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 cancellation costs duly justified.
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 cooperation 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 users of the services included in the package.
In particular, in group travel, the consumer shall show due respect to the other participants and observe a conduct 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.
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 in the trip to return to the place of departure or any other that both have agreed.
The agency shall also be entitled to the appropriate compensation for damages attributable to the conduct of the consumer.
4.3. The traveler will comply with the laws and customs of the countries visited.
The customer expressly exonerates Mandala Tours from any liability, claim, contingency or obligation that may be incurred personally and / or against third parties on the occasion of possible, alleged and / or proven breaches of legislation or regulations of any kind in force in the country of destination, expressing for this purpose its obligation in this regard and its firm and express willingness to abide by and comply with the same in its entirety.
4.4. 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 failure to notify this fact to Mandala Tours, or commit 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 this generating the right to claim or refund and being safe the actions and/or claims that the rest of the travelers would like to make against the violator of the rules of the trip.
Likewise, Mandala Tours reserves the right not to accept any 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 the case that it is provided.
5. Distribution of responsibility
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, whether it executes itself the services included in the package or if they are carried out by its assistants, collaborators or other service providers.
6. Causes for exemption from liability
The agency’s liability shall cease when any of the following circumstances occur:
7. Agency’s duty of care
The agency, despite being exonerated from liability in certain situations on the basis of the regulations in force, will continue to be obliged to provide the necessary assistance to the user who finds himself in difficulties.
7.2.
No existirá el deber de asistencia previsto en el apartado anterior cuando los defectos producidos durante la ejecución del contrato sean atribuibles de modo exclusivo a una conducta intencional, irracional o negligente del cliente.
8. Information on passport, visa and vaccination provisions
The agency will provide information on the health formalities required for the trip and the stay, as well as on the conditions applicable to citizens of the European Union in terms of passports and visas, but the client will be responsible for the correctness of the information provided.
Nationals of countries outside the European Union should consult with their Consulate or Embassy regarding the documentary and health requirements for the trip.
8.2. The customer must obtain the necessary documentation for the trip, including passport and visas and health formalities.
All damages that may result from the lack of such documentation shall be for the customer’s account, and in particular, the costs incurred by the interruption of the trip and its eventual repatriation.
8.3. If the agency accepts the consumer’s request to process the necessary visas for any of the destinations included in the itinerary, it may demand the charge of the cost of the visa as well as the management fees for the procedures to be carried out before the corresponding diplomatic or consular representation.
When the contracting of the trip is so close to the start date of the trip that there is a risk of not obtaining the visa by ordinary means (generally 45 days before the departure date) and an urgent or different processing from the ordinary one is necessary, it will be the client who assumes the extra costs of administration, courier and processing.
In this case, the agency shall be liable for the damages attributable to it in accordance with the diligence normally required for delays in obtaining the necessary documentation or for the lack or insufficiency of the same.
Mandala Tours will not be responsible for the loss or misplacement of these passports during processing when, apart from the maximum diligence attributable to Mandala Tours, such 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.
Obtaining personal documentation (visas, certificates, passport) will be the sole responsibility of the customer, and even in the event that Mandala Tours agrees to manage the customer’s visa, it will not be responsible for any 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 to keep his passport in good condition and conservation. Mandala Tours will be relieved of any responsibility for any inconvenience or inconvenience caused in the event of any damage or breakage during handling by the customer, the embassies during the processing of the visa or during immigration controls in the countries of stopover or destination, at the customer’s expense and any inconvenience that this may cause.
The customer must fill in all the fields required by the authorities of the destination country to obtain the visa.
In the case of not filling in all the fields correctly, the customer will have to fill in the form again, and may suffer the administrative costs derived from such correction.
8.6.All users, without exception, must carry their personal and family documentation in order, whether passport or ID card, according to the laws of the country or countries visited.
The client shall be responsible for obtaining visas, passports, vaccination certificates, etc., when the trips so require.
8.7. In case of being rejected by any authority the granting of visas, for particular causes of the user, errors or omissions in the visa application form, or be denied entry into the country for lack of requirements that are required, or by defect in the required documentation, or for not being the bearer of the same, Mandala Tours disclaims any responsibility for events of this nature, being borne by the customer any expenses arising, 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 form determined by international law and / or the legislation of the country of destination.
9. Liability of airlines in relation to air transport incidents in accordance with the provisions of Regulation 261/2004.
Regulation 261/2004 of the European Parliament and of the Council of 11/02/2004, establishes the rules on compensation and assistance to air passengers in the event of denied boarding, cancellation or long delay.
The above Regulations shall only apply:
a) Passengers departing from an airport located in the territory of a Member State.
b) Passengers departing from an airport located in a third country to an airport located in the territory of a Member State, unless they receive benefits or compensation and assistance in that third country, when the air carrier operating the flight in question is a Community carrier.
In accordance with the provisions of Regulation 261/2004, when the Airline Company cancels a flight or incurs a delay, it shall be responsible for providing, as the case may be, due assistance and care to the passengers affected, and shall assume the costs of meals, calls, transportation and overnight stay, if applicable, pursuant to the provisions of EEC Regulation 261/2004, establishing common rules on compensation and assistance to air passengers in cases of denied boarding and of cancellation or long delay of flights.
The regulation also provides for the payment of certain indemnities, which depend on the distance of the flight.
If the incident is due to extraordinary circumstances that 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 affected passengers.
10. Liability for services not included in the package
10.1. The rules of contractual liability for package travel are not applicable to services such as transportation, accommodation, excursions, attendance to sporting or cultural events, visits to exhibitions or museums, or other similar services, when these are contracted directly by the traveler, or when they are contracted through the agency but 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 an overnight stay.
10.2. The agency, in cases where the client contracts directly with the supplier, has no responsibility.
In the case of assisting the client in the contracting of a single service, it intervenes as a mere intermediary, the supplier being exclusively responsible for the provision of the service.
E) DATA PROTECTION AND PRIVACY POLICY
According to the criteria established in the Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data (hereinafter, LOPD) or regulations that replace it, in order to properly 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, solely 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 proper 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 the two.
We may also use your data to provide you with information about products and services that may be of interest to you via Newsletter if you give us your express consent.
If you would like us to use your data in this way, please tick the appropriate advertising consent 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 will be provided in the future to Mandala Tours will be processed in a personal data file called CUSTOMERS, duly registered in the Register of the Spanish Agency for Data Protection and whose ownership is held by 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 the Royal Decree 1720/2007 approving the Regulation of development of the Organic Law 15/1999, of protection of personal data.
Communication of Personal Data
The collected data 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 agree to this transfer in the event of such a transfer.
Your data will not be communicated to third parties, except in the following cases:
a. Once you have given your consent to the processing of your data, for the provision of services performed by third parties for Mandala Tours, including payment processing, data analysis and design of new tourist services. Mandala Tours will only send the User’s personal information to its suppliers.
b.
If we are under a duty 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 organizations for the purposes of fraud protection and credit risk reduction.
c.
If Mandala Tours is acquired by a third party, in which case personal data of its customers will be one of the transferred assets.
The User may at any time exercise their rights of opposition, access, rectification and cancellation by writing to the postal address of Mandala Tours, or by sending an e-mail to [email protected].
Any changes to our data protection policy will be published on this page and you will be notified 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 notified by email of the existence of such modification.
If no opposition is received by the User within the time limits provided by law, it will be understood as tacit consent to the new policy by the User.
F) COOKIES POLICY
In compliance with Article 22.2 of the Law of Information Society Services 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 your experience.
Updating our Cookie Policy
We may update the Cookie Policy of our Website, so we recommend that you review this policy each time you access our Website in order to be properly informed about how and what we use cookies for.
Please note that browsers may also change their policies and the location of information.
In no case the cookies will be executable files and may not contain viruses.
The information provided by cookies is valuable because it helps us to improve the service we offer to our users.
However, and although we appreciate that the User accepts cookies from our website, we remind you that you can configure your browser to accept them or not, or for the browser to warn you when a server wants to save one of them.
To make this configuration:
In case of using another browser, the user will have to consult the user manual of the browser.
Google has also developed a browser add-on that disables the sending of data to the Google Analytics tool, which 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 headquartered at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (“Google”).
Google Analytics uses cookies to help Mandala Tours analyze how users use the website.
The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.
In case of activation of IP anonymization on this website, the IP address of the user will be shortened by Google if the user is located in a member state of the European Union or in other countries that are parties to the Agreement on the European Economic Area.
Only in exceptional cases will your full IP address be transferred to Google in the USA and shortened there.
The IP anonymization is activated on this website.
Google will use this information on behalf of Mandala Tours for the purpose of analyzing your use of the website, compiling reports on website activity and providing other services relating to website traffic and internet usage.
Google may also 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 your browser, however, the User is informed that doing so may result in the loss of certain features of the site.
You can also refuse the use of cookies and the use of data related to the site (including your IP address) to Google as well as prevent the processing of these data by Google by downloading and installing a plug-in at the following link.
By using this website and accepting the Cookie Policy, you consent to the processing of your information by Google in the manner and for the purposes described above.
G) CLAIMS AND ACTIONS ARISING FROM THE CONTRACT
Travel safety
1.1.
Responsabilidades .
El cliente conoce y acepta que la naturaleza del viaje en relación a los destinos y actividades que comprenda.
El cliente, consciente de las recomendaciones oficiales del Ministerio de Asuntos Exteriores y Cooperación (www.maec.es) y del Ministerio de Sanidad, Servicios Sociales e Igualdad (www.msc.es) del Gobierno de España en relación al destino deseado, asume y acepta este riesgo y excluye a Mandala Tours de cualquier reclamación relacionada con daños y perjuicios o incluso la muerte derivados de este riesgo inherente.
Likewise, the client is aware that in certain destinations to be visited, the political, cultural and geographical conditions may present certain risks, dangers or physical challenges greater than those that may be encountered in his/her daily life.
The client knows and declares that he/she has at least considered and weighed the potential risks, dangers and challenges, and expressly assumes the risk inherent in the trip he/she intends to take.
The client is responsible for dealing with customs, weather conditions, physical challenges and the laws in force at any time 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 seeking advice from the agency.
Mandala Tours shall not be liable for death, bodily injury, illness, delay or other loss affecting the client’s person and/or property.
Likewise, Mandala Tours shall not be liable for death or bodily injury suffered by the customer (including emotional damage), as well as any illness or loss, caused by force majeure, war, terrorist attacks, civil commotion, governmental actions, political disturbances in any form and place, or any circumstances that may occur beyond the reasonable control of Mandala Tours.
1.2.
Seguro de viaje . Mandala Tours will provide the customer with information on the optional purchase of travel insurance.
Such insurance, depending on the optional modality chosen, may cover the 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 stated in the conditions that are delivered to the customer at the time of requesting the reservation.
The complete terms and conditions of the integrated insurance can be consulted on the IATI SEGUROS website.
Mandala Tours recommends extending coverage for cancellation, loss of possessions, or any other loss that may arise from a situation of loss, damage, delay or inconvenience to the client.
2. Applicable Law
The package travel contract is governed by the agreement 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, 2007, 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 covered by the regulations of electronic commerce, common law and the provisions that protect him as a consumer.
If any clause included in these general conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the general conditions shall subsist in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been included.
In this case, the invalid clause shall be replaced by a new one in accordance with the law in force, with a wording and spirit as close as possible to the clause that had 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/she must inform the monitor, in order to resolve the reason for the complaint or claim.
When the incident occurs on a flight, accommodation, means of land transportation, etc., regardless of the country where it occurs, the customer must file the relevant claim against the service provider in order to facilitate subsequent claim procedures.
3.2. Without prejudice to the legal actions to which he is entitled, the consumer may make written claims for non-execution or deficient execution of the contract to the agency by contacting its registered office stated in the heading of these conditions, or by e-mail or telephone:
Responsible: MANDALA TOURS, S.L.
Address: C/ Faisan 18, 3E, Granada (Spain)
Telephone: +212 667 65 64 35
E-mail: [email protected]
3.3. Within a maximum period of 30 days, the agency must reply in writing to the complaints made.
3.4. At this stage, the consumer and the agency may seek the mediation of the competent administration or of the bodies set up for this purpose in order to find a mutually satisfactory solution to the conflict on their own.
3.5. If the conflict cannot be resolved by means of the claim to the agency, the consumer may submit it to consumer arbitration if the claimed agency had previously adhered to the consumer arbitration system, or, if the agency despite not being adhered accepts the consumer’s request for arbitration.
Likewise, in any case, the consumer may file a claim in court.
4. Consumer arbitration
4.1. If the claimed agency had previously adhered to the consumer arbitration system, the consumer may address his claims to the competent regional Consumer Arbitration Board.
4.2. Claims involving intoxication, injury, death or reasonable suspicion of crime cannot be subject to consumer arbitration.
4.3. Unless otherwise stipulated in the public offer to submit to the consumer arbitration system, the arbitration shall be governed by law and the arbitration procedure shall be governed by the provisions of Royal Decree 231/2008, of February 15, 2008.
4.4. The award rendered by the arbitration tribunal appointed by the Consumer Arbitration Board shall settle the claim filed with finality and shall 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 to the Courts and Tribunals of Granada for the resolution of any disputes that may arise from the travel contracts formalized.
5.2.Legal actions arising from the package travel contract shall be barred by the expiration of a period of two years, counting from the day on which the trip ended or should have ended.
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