General contracting conditions

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, making a reservation to the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. ACTIVATION OF RESERVATIONS AND PAYMENT

The PROVIDER will inform the USER in advance about the procedure to be followed to make the accommodation reservation.

The automatic system for calculating availability and prices allows the USER to choose the accommodation and immediately make the online payment of the price established according to the length of the stay and the occupants.

The PROVIDER will not reserve the accommodation until it has verified that the payment has been made. Once the payment is verified, the PROVIDER will contact you by email to confirm the reservation. This term is understood as long as availability has been confirmed.

Lack of performance of the distance contract

In case of not being able to execute the contract because the accommodation is not available within the expected period, the USER will be informed of the lack of availability and that he will be entitled to cancel the reservation and receive a refund of the total amount paid at no cost, and Without thereby deriving any liability for damages attributable to the PROVIDER.

In the event of unjustified delay by the PROVIDER regarding the return of the total amount, the USER may claim that double the amount owed be paid, without prejudice to their right to be compensated for damages suffered in excess of said amount.

The PROVIDER will not assume any responsibility when the activation of the service does not take place, because the data provided by the USER is false, inaccurate or incomplete.

3. CANCELLATIONS (right of withdrawal)

Withdrawal form: https://preprod.reservatuadaptada.com/en/withdrawal-page/

The USER has the same rights and deadlines to proceed to cancel and / or claim any vices or defects in the reservation, both online and offline.

Any cancellation must be communicated to the PROVIDER, requesting a return number using the form provided for it, or by email to turismoaccesible@viajestriana.com, indicating the corresponding invoice or reservation number. The cancellation policy will depend on the accommodation.

4. CLAIMS AND DISPUTE RESOLUTION ONLINE

Any claim that the USER considers appropriate will be attended to as soon as possible, being able
perform at the following contact addresses:

VIAJES TRIANA
Calle Pagés del Corro, 80 – 41010 Sevilla (Sevilla)
Telephone: 924 200 112
E-mail: turismoaccesible@viajestriana.com

If during the rental period there is any breakdown in the electrical installations or equipment, the USER must immediately notify the PROVIDER to resolve these incidents as soon as possible.

In the event of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the reserved accommodation with another of the same characteristics. In the case of not having accommodation available, the PROVIDER will reimburse the total amount paid.

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and VIAJES TRIANA, without the need to resort to the courts of justice, through the intervention of a third, called the dispute resolution body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and / or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. OVERWHELMING FORCE

The parties will not incur liability for any fault due to a major cause. Compliance with the obligation is it will
delay until the cessation of the case of force majeure.

COVID-19: If due to mobility restrictions or another reason related to the norms consolidated in the COVID-19 code, the USER cannot move to the reserved accommodation, they will have the possibility of using their reservation according to the policy established by the accommodation .

6. COMPETENCE

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted.

If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these General Conditions in their entirety.

7. OFFER OVERVIEW

The details of each reservation, such as accommodation and food, are reported to the USER in their respective description on the website.

All sales and deliveries made by the PROVIDER will be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of VIAJES TRIANA or herein stipulated will have effect, unless an express agreement in writing signed by the PROVIDER, in this case, these particular agreements will prevail.

Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.

Inputs and outputs

The entrances and exits will be established by the accommodations.

Responsibilities of the client

– The USER agrees to respect the regulations of the establishment.

– In no case is it allowed to occupy the accommodation by more people than those established in its maximum capacity.

– The USER is responsible for the correct behavior of all his reservation partners, otherwise, the PROVIDER reserves the right to expel the occupants of the accommodation, without the right to future claims or any type of compensation.

– Neither VIAJES TRIANA, nor the establishment will be responsible for any direct or indirect damage that may be caused as a result of the misuse of the accommodation, including without limitation: destruction, loss after fire, theft, crime, accidents or other types of damage. Activar

8. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each reservation include Value Added Tax (VAT). These prices, unless expressly indicated otherwise, do not include tourist taxes, travel insurance, shipping, handling, packaging, or any other additional services and annexes to the service purchased.

The prices applicable to each property are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time. Prices may change daily as long as the reservation is not made.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the business name that he has informed at the time of placing the order. This invoice will be sent together with the purchased product. The invoice can be downloaded in PDF format by accessing the web management panel with the user account. If you want to receive it by email, you must request it by any of the means that the
PROVIDER makes available to you, informing you that at any time you may revoke said decision.

For any information about the reservation, the USER may contact through the customer service phone of VIAJES TRIANA 924 200 112 or via email to the address turismoaccesible@viajestriana.com.

9. TRANSPORTATION EXPENSES

There are no transportation costs.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for economic transactions and enables the following ways to carry out the payment of a reservation:

• Credit / debit card
• Pay Pal
• Bizum

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data. To achieve these purposes, the USER accepts that the PROVIDER obtain data for the purposes of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the programs of the card brands: the sale or offer of a product or service that does not comply with all the laws applicable to the Purchaser, Issuing Bank, Merchant or Holder of the card or cards.

11. PURCHASING PROCESS

The website has a search system for different parameters to facilitate the choice of adapted accommodation.
The reservation process will be carried out by following the steps below:

1. The user finds a hotel they like
2. Choose the dates.
3. Click on reserve.
4. A summary of the reservation is provided.
5. If it is correct, the payment is made.
6. On the payment page, you need to be registered or authenticate (in case you already have an account).
7. Once authenticated, select the payment method, insert the information,accept the conditions and click on pay.
8. Once you click on pay, you will be directed to the platform you have chosen can continue on it. (Paypal, redsys in case of card or bizum)
9. The platform will redirect you to our page, and the reservation will already be made, at this point you will receive an email confirming the reservation that will have the reservation coupon, the invoice and a file with the complete accessibility of the hotel attached.

Once the order is processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the placing of the order.

12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions is considered illegal, void or for any unenforceable reason, this condition will be considered severable and will not affect the validity and enforceability of any of the remaining conditions.

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, when the USER does not comply or follow any of the obligations established in this document or any applicable legal provision, license, regulation, directive, code of practice or use policies.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not harm or affect the exercise of any other right, power or resource that may be available to the PROVIDER.

13. GUARANTEES AND RETURNS

The guarantee of the services offered will respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws :

Conformity of the services with the contract

1. Unless proven otherwise, it will be understood that the services are in accordance with the contract provided that they meet all the requirements expressed below, unless due to the circumstances of the case, any of them are not applicable:

a) They conform to the description made by the PROVIDER.
b) Are suitable for the uses to which services of the same type are ordinarily used.
c) They are suitable for any special use required by the USER, when they have made it known to the PROVIDER at the time of the conclusion of the contract, provided that the latter has admitted that the service is suitable for this use.
d) They present the usual quality and benefits of a service of the same type that the client can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the services made by the PROVIDER.
e) The PROVIDER describes the details, technical characteristics and photographs of the properties provided by their owners, so that he is not bound by these public statements.

2. The lack of conformity that results from a service not performed or provided will be equated to the lack of conformity of the contract, as long as the responsibility for it falls on the PROVIDER or under its responsibility; on the contrary, when the service not performed or provided is due to the negligence or bad practice of the USER, it will not be considered any fault of the PROVIDER and it will be considered in accordance with the terms of the contract.

3. The responsibility for lack of conformity that the USER knows or has not been able to ignore at the time of the conclusion of the contract or that have their origin in information provided by the USER will not proceed.

Liability of VIAJES TRIANA

The PROVIDER will respond to the USER for any lack of conformity that exists at the time of delivery of the accommodation. VIAJES TRIANA recognizes the USER the right to repair the service, to replace it, to lower the price and to terminate the contract.

Repair and replacement of the hosting service

1. If the hosting service is not in accordance with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER communicates the chosen option to the PROVIDER, both parties must abide by. This decision of the USER is understood without prejudice to the provisions in the cases in which the repair or replacement fails to bring the service in accordance with the contract.

2. Any form of remediation that imposes on the PROVIDER costs that, compared to the other form of remediation, are not reasonable, taking into account the value that the service would have if there were no lack of conformity, the relevance of the lack of conformity, will be considered disproportionate. and if the alternative form of sanitation could be carried out without major inconveniences for the USER.

Repair and replacement will conform to the following rules:

– The necessary expenses incurred to correct the lack of conformity of the services will be free for the USER hired.

– They will be carried out in a reasonable time and without major inconveniences for the USER, taking into account the nature of the services and the purpose they had for the USER.

– If the repair and delivery of the property is completed, it is still not in accordance with the contract, the USER may demand the replacement of the same, the reduction of the price or the termination of the contract.

– If the replacement fails to bring the property into compliance with the contract, the USER may demand the repair of the itself, the price reduction or the termination of the contract.

Price reduction and contract termination

The price reduction and the termination of the contract will proceed, at the choice of the USER, when the USER cannot demand the repair or replacement of the service and in cases where these have not been carried out within a reasonable period of time or without major inconveniences for the user.

The resolution will not proceed when the lack of conformity is of little importance.

Criteria for the price reduction

The price reduction will be proportional to the difference between the value that the service would have had at the time of delivery had it been in accordance with the contract and the value that the service actually delivered had at the time of delivery.

Deadlines

Unless proven otherwise, delivery is understood to have been made on the day that appears in the reservation.

The USER must inform the PROVIDER of the lack of conformity at the time they have become aware of it or, at most, at the end of the stay.

Unless proven otherwise, it will be understood that the USER’s communication has taken place within the established period.

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any controversy that may arise from the provision of the products or services that are the subject of these Conditions.

In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the dispute resolution body that will act as an intermediary between the two in accordance with Art. 14.1 of Regulation (EU) 524 / 2013, without the need to resort to the courts of justice. For more information see clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION of these Conditions. CLAIMS AND ONLINE DISPUTE RESOLUTION of these Conditions.