1. Identity of the owner of this website
The terms and conditions set forth below regulate access to and use of the website www.pepetours.com This domain, and what is contained therein, is the property of ROQUETAS PEPE TOURS, SL, Wholesale-Retail travel agency with CIAN-040862-3 and CIF B04506150, (hereinafter PEPE TOURS) registered in the Commercial Register of Almeria, Volume 991, Folio 118, Sheet AL-24271, with registered office at Avenue Las Gaviotas No. 66, Roquetas de Mar, 04740 Almeria (Spain). As legal representative is Mr. José Antonio Manzano Fernández.
2. Legal terms and conditions
The use of this website implies an agreement between the user and PEPE TOURS, which implies the full and unreserved adhesion to each and every one of the general conditions published by PEPE TOURS, in the version published and in force at the time in which it is accessed. Therefore, it is recommended that the user reads them carefully each time they access the website. It is prohibited the access and use of the website to minors, so the user declares that he / she is of legal age (that he / she is at least 18 years old) and has the necessary legal capacity to acquire the services offered to them through the website PEPE TOURS, in accordance with these general conditions, which they completely understand. In the case of hiring by a minor, PEPE TOURS will not be held responsible, and the minor himself / herself, parents or guardians must assume the expenses that this may cause. PEPE TOURS is not responsible for the veracity and accuracy of the data filled in by the user. The Company reminds users who are of legal age and who are responsible for minors that it is solely their responsibility to determine what services and/or content are not appropriate for the age of the former.
PEPE TOURS may alter at any time and without prior warning the design, presentation and/or configuration of the Website, as well as some or any of its Content, and modify the general terms and conditions or specific terms and conditions required to use the Content.
The user agrees to pay for the services or products contracted through the use of any of the following means of payment enabled by PEPE TOURS. Thus, the purchase of any product will only be effective when PEPE TOURS charges the total amount of the trip validly on the credit card provided by the user or the amount of said purchase is received in cash or proof of payment, which may be canceled by PEPE TOURS until such time, without the user being entitled to any claim.
The fact of requesting a reservation implies the commitment on the part of the client to authorize the charge on the credit card that they provide. In the event that it is not possible to charge the credit card (charge rejected), the user accepts that PEPE TOURS will not issue the reservation made.
The personal data provided by the user for the payment will be treated with the appropriate degree of protection, taking the security measures legally necessary to prevent loss, deterioration and supply and access to unauthorized third parties. Access to transactional services and those that include the capture of personal data for payment is made in a secure environment. The information is transmitted encrypted, at all times, by a secure encryption protocol. This ensures that the content transmitted is only intelligible to the user's computer and the server that receives the information.
3. Responsibility and guarantee of PEPE TOURS
PEPE TOURS reserves the right to deny or withdraw access to the website and / or the Services, at any time and without prior notice to those users who violate these General Conditions.
PEPE TOURS reserves the right to interrupt access to its website, as well as the provision of any or all of the Contents that are provided through it at any time and without prior notice, either for technical, security reasons, control, maintenance, power failure or any other cause. Such interruption may be temporary or definitive, in which case this circumstance will be communicated to the users, who may suffer the loss, as the case may be, of the information stored in the different services.
Consequently, PEPE TOURS does not guarantee the reliability, availability or continuity of its website or of the Contents, so that the use of these by the user is carried out at their own risk, without PEPE TOURS being held responsible in this regard.
PEPE TOURS reserves the right to modify, stop, cancel or restrict the content of the website, links or information obtained through it, without prior notice.
PEPE TOURS will not be responsible for any kind of damage, losses, claims or expenses of any kind, of the information acquired or accessed by or through the web, computer viruses, operative failures or interruptions in the service or transmission, or failures in the line.
It is prohibited to transmit or send through the web any illegal or illicit content, computer viruses, or messages that, in general, affect or violate rights of PEPE TOURS or third parties.
PEPE TOURS is not responsible for the webs that are not its own, which can be accessed through links or any content made available by third parties. Any use of a link or access to a non-proprietary website is done at the sole risk and will of the user. PEPE TOURS does not recommend or guarantee any information obtained by or through a link, nor is it responsible for any loss, claim or damage arising from the use or misuse of a link, or the information obtained through it, including other links or websites, the interruption in the service or access, or the attempt to use or misuse a link, both when accessing the web, and when accessing information from other websites from the web.
4. Obligation to make correct use of the website and the contents
The user agrees to use the Website, the Services, the Contents and these General Conditions in accordance with the law, morals, good customs and public order. In the same way, you are obliged to use the website, the Services and the Contents in a diligent, correct and lawful manner and not to use them for purposes contrary to the content of these General Conditions, or that are harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the website or its services, or prevent normal enjoyment of the website by other users. Merely as a guideline rather than for exhaustive purposes, the user particularly undertakes not to transmit, disclose or make available information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material to third parties that:
- in any way contravenes, disparages or undermines the fundamental rights and public freedoms recognised constitutionally in international treaties and in other legislation;
- induces, incites or promotes acts which are criminal, slanderous, defamatory, indecent, violent or, in general, contrary to law, morality and generally accepted good behaviour and public order;
- induces, incites or promotes acts attitudes or thoughts that are discriminatory on grounds of sex, race, religion, beliefs, age or condition;
- includes, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good behaviour and public order;
- is false, ambiguous, inaccurate, exaggerated or untimely, so that it leads or may lead to errors regarding the aims, intentions or purposes of the communicator;
- is protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained the required authorisation from the holders to carry out the use which is made or is intended to be made;
- violates the trade secrets of third parties;
- is contrary to the right to honour, personal and family privacy and self-image;
- in any way undermines the good name of PEPE TOURS or third parties;
- infringes the regulations on privacy of communications;
- constitutes illegal, misleading or unfair advertising, where applicable, and, in general, constitutes unfair competition;
- incorporate viruses, programs, or other physical or electronic elements that are likely to cause any type of alteration in the computer systems of PEPE TOURS or third parties.
In accordance with everything set above, the user agrees to use the content made available to users on the website, understanding these, without this list having a limiting nature, texts, photographs, graphics, images, icons, technology, software, links and other audio-visual or sound content, as well as its graphic design and source codes (hereinafter, the "Contents"), in accordance with the law, these conditions, other notices, regulations of use and instructions placed on his knowledge, as well as morality and generally accepted good customs and public order, and, in particular, they undertake to abstain from:
- reproducing, copying, distributing, making available or otherwise publicly communicating, transforming or modifying the content, unless it has the explicit written permission of the holder of the corresponding rights or this action is legally permitted;
- delete, elude or manipulate the copyright and other identifying data of the rights of the owners included in the content, as well as technical protection devices or any information mechanisms which may contain the Contents.
5. Intellectual and industrial property
This website is owned by PEPE TOURS. The rights of Intellectual Property and rights of exploitation and reproduction of this web, of its pages, screens, the information that they contain, their appearance and design, as well as the links that are established from it to other web pages of any society of those indicated previously, they are the exclusive property of the latter, unless otherwise specified. All denominations, designs and / or logos that make up this page are duly registered brands. Any misuse of the same by a person different from its legitimate owner may be prosecuted in accordance with current legislation. The intellectual property rights and brands of third parties are conveniently highlighted and must be respected by everyone who accesses the web. The contents of any page of this website may only be downloaded, copied or printed for personal and private use. It is prohibited to reproduce, transmit, modify or delete the information, content or warnings of this website without the prior written authorization of PEPE TOURS.
- Through access to their personal profile, the user may, at any time, modify their personal identification information.
- At any time, you can cancel your account as long as you comply with the legal requirements for data protection and preservation.
- PEPE TOURS is committed to fulfilling its obligation of secrecy of personal data, its duty to save them and not communicate them to third parties, without the express consent of the owner thereof, and take the necessary measures to prevent their alteration, loss, treatment or unauthorized access, taking into account at all times the state of the technology, complying with the technical and organizational security measures established by law.
Also, access to transactional services and those that include the capture of personal data is done in a secure environment using SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted. This ensures that the content transmitted is only intelligible to the client's computer and the PEPE TOURS server. The security guarantee of our servers is backed by a certificate issued by the bank CAJA RURAL DE GRANADA. This certificate guarantees that the client is communicating his data to a PEPE TOURS server. Transactional services are performed securely, through a Virtual POS system, a software that provides the payment gateway for cards (credit, debit, prepaid or virtual), fulfilling the same function of the conventional dataphone.
For the purposes of the provisions in the current regulations regarding the protection of personal data, we inform you that the personal data that you may provide us while browsing our website will be incorporated into a data processing whose responsible is PEPE TOURS Ltd. with the sole purpose of being able to manage your request, as well as send you technical, operational and commercial information, by any means, including electronic mail and / or equivalent means, about products, services, offers and news that we consider of interest. In the case of commercial communications sent by email or equivalent means, the user gives us his /her express consent for the sending of advertising by this means.
PEPE TOURS is committed to fulfilling its obligation of secrecy of personal data and its duty to keep them and take the necessary measures to prevent alteration, loss, or unauthorized access, taking into account at all times the state of the technology complies with the technical and organizational security measures.
We also inform you that we must communicate your personal and contact information, necessary for the provision of the corresponding service, to the different suppliers involved in the product itself, who will be obliged to use the data, only and exclusively, to fulfil the purpose of the assignment. The contracts entered into with the aforementioned third parties, pursuant to Art. 12 of the Organic Law 15/1999 of Protection of Personal Data, guarantee that the data provided will be treated only and exclusively for the specific, explicit and legitimate purposes for which they were obtained and these will not be communicated to entities unrelated to the relationship contractual with these third parties.
Regarding that information that is sent by minors, it will be an essential requirement that the sender has previously obtained the consent of the parent, the guardian or the legal representative so that the personal data may be subject to treatment.
The user will be responsible, in any case, for the veracity of the data provided, and PEPE TOURS reserves the right to deny the service to any user who has provided false data, without prejudice to other actions stipulated by law.
It is recommended to have the utmost diligence in terms of Data Protection through the use of security tools, not being able to hold PEPE TOURS responsible for the theft, modification or loss of illegal data.
We inform you that you have the possibility to exercise at any time and for free, the rights of access, rectification, cancellation and opposition of your data and revocation of your authorization to send commercial communications without retroactive effects, in the terms specified in the Law, by writing to ROQUETAS PEPE TOURS, Avenue Las Gaviotas nº 66, Roquetas de Mar, 04740 Almeria (Spain), or to the address info (at) pepetours.com
7. General travel conditions with PEPE TOURS
The visits, tours, excursions and trips in general published on this website have been designed and organized by Roquetas Pepe Tours Ltd. and other tour operators. These routes can be operated by Roquetas Pepe Tours or any other company in the tourism sector that Roquetas Pepe Tours considers. Any copy, plagiarism of the published routes and trips can be denounced before the competent bodies.
This tourist service is subject to the provisions contained in Decree 319/1990 of December 21, regulation of passenger transport by road by motor vehicles, Chapter IV, Decree 168/1994 of May 30, regulation of the travel agencies and in the regulation 21/1995 of July 6 of combined trips and other effective dispositions.
The fact of taking part or making reservations of any of our visits, tours, excursions and trips in general, implies the acceptance and conformity by the client of each and every one of the conditions and norms that are detailed below. The realization of these trips is conditioned to the existence of a minimum number of participants. However, to guarantee departures and not have to cancel a tour, in the case of having few participants, the tour could operate without an accompanying guide, only with an expert driver, who knows the routes.
No firm reservation will be considered until a deposit or delivery of 50% of the total value of the reservation has been made. The rest of the total must be collected and paid at least 20 days before departure or under the conditions and deadlines stipulated between the client and PEPE TOURS. Otherwise, the reservation may be considered as cancelled, applying the conditions detailed in the section cancellations.
The price of the circuit-tour, excursion or trip includes everything that is detailed in the section of "The circuit-tour includes", understanding that it does not include any service that does not appear in this section. In case of doubts, the client is recommended to ask about all the included services before starting the trip. In case of disagreement, the good interpretation of the services included will be offered by Roquetas Pepe Tours.
The price of the circuit-tour, excursion or trip does not include any other service that does not appear expressly in the section "The circuit-tour includes", such as extras in the hotels (washing, ironing, pay-tv services, telephone, mini bar and other drinks, extra meals, etc.), airport fees not specified, luggage supplements, visas, vaccinations, etc.
The price of the trip has been calculated based on the exchange rates, transportation rates, fuel cost, guide fees, museum ticket prices and applicable taxes and fees on the date of program. Any variation in the price of the aforementioned elements may result in the revision of the final price, notifying the modification to the consumer who had already contracted the service, being able to desist from the excursion, without any penalty or accept the modification of the contract. The published prices include the applicable VAT and these, as well as the schedules and itineraries, can also be modified due to force majeure or sufficient cause.
Clients, including children, must be accredited and provided with all kinds of documentation and identification in order to carry out our visits and tours. The obtaining of any documentation will be for the account of the client, likewise, in case of being rejected the entrance to any country for the reason that is, Roquetas Pepe Tours declines any responsibility, being on account of the client any expense that originates from this moment. It is recommended to the client, especially if he is not European, to inform himself of the norms and requirements that must be met regarding visas and documentation that must be provided during the trip. For children and minors (under 18 years) who do not travel with their parents, they must bring a letter from them or their guardians, where the trip is authorized and where they are responsible for any act, in case it could be requested by any authority.
The client must check that all data, date and details reflected in the reservations sent by Roquetas Pepe Tours are correct, with a period of 48 hours from receipt of the same to make any changes. Once this period has elapsed, it will be understood that everything is correct and cannot make changes in them.
BEHAVIOUR AND SAFETY RULES
The customer must respect the following safety rules:
- remain seated while the bus is traveling;
- not try to access the vehicle or descend from it while it is not completely stopped;
- do not smoke, eat or drink inside vehicles;
- respect the instructions of the guide or companion and the driver, who are sufficiently empowered to introduce the modifications that advise or impose the circumstances;
- do not transport animals on board.
- do not leave valuables inside the coach or any other means of transport that is used in a tour. The client will be responsible for their belongings from the beginning until the tourist service provided by Roquetas Pepe Tours ends. Roquetas Pepe Tours will not be responsible for any loss by the client, in any of the circumstances.
The abandonment or separation of the group for causes not attributable to the organization does not generate the right to compensation. Roquetas Pepe Tours is not responsible for delays, losses, accidents or damages of any kind occurring as a result of circumstances beyond its responsibility or outside its organizational scope. Registration to any of these visits or excursions implies the approval and acceptance of these conditions. The organizer expressly declares his / her refusal to submit to the transportation arbitration courts for any matter arising from the existence of this contract, unless otherwise agreed.
Customers must follow the person responsible for the group designated by Roquetas Pepe Tours and comply with normal behaviour standards of traveling as a group, not being able to alter or interrupt the development of tours, excursions, visits and trips to the detriment of other customers. Likewise, normal hygiene, clothing and behaviours are required. If this section is not complied with, the client (s) may be rejected from the rest of the group, after a first warning, without compensation.
Luggage and other personal belongings will be the sole and exclusive responsibility of the customer, not being Roquetas Pepe Tours, nor any of its partners, responsible for any loss, loss or incident that has to do with luggage, personal belongings, money, etc. The airline, river, sea, rail and land transportation companies will be those that can respond to the traveller in accordance with the clauses of the transportation contract established by the passenger ticket. If you have any incident with the luggage, the customer must fill in the damage or incidents of luggage before leaving the station or airport.
The cancellation policy of a reservation will be regulated as follows:
Clients may cancel and rescind the reservation at any time, not being entitled to compensation once the trip has started. If the cancellation occurred more than 30 days before the date and time of departure, the customer will be entitled to the refund of the amounts that had been paid without penalty. If the cancellation occurs between 21 and 30 days before the date and time of departure will have a penalty of 10% of the amount paid. If the cancellation occurs between 5 and 20 days before the date and time of departure will have a penalty of 25% of the amount paid. If the cancellation occurs less than 5 days before the date and time of departure or the non-appearance in the tour, visit or excursion, of 100% of the total amount.
In the event that, prior to departure, PEPE TOURS is obliged to significantly modify any essential element of the contract, it must be immediately informed to the consumer. In such case, and unless otherwise agreed by the parties, the client may choose to terminate the contract without penalty or accept a modification of the contract in which the variations introduced and their impact on the price are specified. The client must communicate the decision that he /she adopts within three days after being notified of the modification. In the event that the client does not notify his decision in the terms indicated, it will be understood that he / she opts for the termination of the contract without any penalty.
In the event that the client chooses to terminate the contract, under the provisions of the foregoing, or that PEPE TOURS cancels the trip before the agreed departure date, for any reason that is not attributable to the client, it will have right, from the moment of the termination of the contract, to the reimbursement of all the amounts paid, according to the same, or to the realization of another trip of equivalent or superior quality, provided that PEPE TOURS can propose it. In the event that the offered trip was of inferior quality, PEPE TOURS shall reimburse the consumer, when applicable, depending on the quantities already paid, the difference in price, according to the contract.
The customer is obliged to communicate any breach of contract execution to the PEPE TOURS representative at the destination, as stated in the travel documentation. In the event that the proposed solutions are not satisfactory to the client, he will have a period of thirty days, from the day on which the trip ended, to complain to the central office of Pepe Tours. The hotels do not accept claims once the property has been abandoned, so the client is advised to communicate in writing to the property any deficiency or deficient provision in situ, before checking out. The client is advised to contract an external and private insurance.
Notwithstanding the provisions of the preceding paragraph, the limitation period for actions derived from the rights recognized in the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws shall be two years, as established in Article 164 of Royal Legislative Decree 1/2007
8. APPLICABLE LEGISLATION
These General Terms and Conditions shall be governed by Spanish legislation. The contracting parties expressly submit themselves to the jurisdiction of the Courts of Roquetas de Mar to resolve all their differences.