General Terms and Conditions

GENERAL CONDITIONS

1, GENERAL INFORMATION The ownership of this website http://alandalustours.es/enhereinafter AL-ANDALUS TOURS is held by: LA BIBI ALIMENTACION Y BEBIDAS S.L., with CIF: B19686559, and whose contact details are:

• Fiscal address: Francisco Grande Covián nº20- C.P.18.100 Armilla, Granada (not on-site location)
• Contact telephone number: +34 663 04 58 37.
• Contact email: soporte@alandalustours.es

This document as well as other documents mentioned herein regulates the conditions governing the use of this Website http://alandalustours.es/ythe acquisition of services on it (hereinafter, Conditions). For the purposes of these Conditions it is understood that the activity that AL-ANDALUS TOURS develops through the Website includes: Guided tours, Free Tours, excursions and experiences in the region of Granada. In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of AL-ANDALUS TOURS. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and all of the above, so if you do not agree with all of the above, you should not use this Website. Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable. For all questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

1. THE USER

The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

• Use this Web Site only to make inquiries and legally valid purchases or acquisitions.
• Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
• Provide truthful and lawful contact data, for example, e-mail address, full name, ID and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website. The Web Site is primarily intended for Users residing in Spain AL-ANDALUS TOURS does not ensure that the Web Site complies with the laws of other countries, either in whole or in part. AL-ANDALUS TOURS declines any liability that may arise from such access. The User will be able to formalize, at his choice, with AL-ANDALUS TOURS the contract of sale of the products and/or services desired in any of the languages in which the present Conditions are available in this Web Site.

1. PURCHASE OR ACQUISITION PROCESS

Users may purchase on the Website by the means and forms established. They must follow the online purchase and/or acquisition procedure of http://alandalustours.es/during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “Reserve” Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified. Subsequently, the User will receive an email confirming that AL-ANDALUS TOURS has received your reservation request and / or provision of the service, ie, confirmation of your guided tour. And, where appropriate, you will also be informed by e-mail confirmation when your reservation is guaranteed. Once the booking procedure has been completed, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper when it is a paid visit, by requesting it to AL-ANDALUS TOURS using the contact spaces on the Website or through the contact details provided above. The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the service in question and shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and according to each case: name, itinerary, duration, mode in which they will be carried out and / or cost of services; and acknowledges that the completion of the purchase order or purchase materializes the full and complete acceptance of the particular conditions of sale applicable to each case. The communications, purchase orders and payments that intervene during the transactions carried out on the Web Site could be filed and kept in the computerized records of AL-ANDALUS TOURS in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force in this regard are applicable, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

1. AVAILABILITY

All purchase orders received by AL-ANDALUS TOURS through the Website are subject to the availability of the services and/or that no circumstance or force majeure (clause nine of these Conditions) affects the performance of the same and/or the provision of the services. Should any difficulties arise regarding the performance of the service, AL-ANDALUS TOURS undertakes to contact the User and reimburse any amount that may have been paid as a fee. This shall also apply in cases where the provision of a service becomes unfeasible.

1. PRICING AND PAYMENT

The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT. Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation. The accepted means of payment will be: Credit or debit card through payment gateway, transfer through bank account or Bizum. AL-ANDALUS TOURS uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer). Credit cards will be subject to checks and authorizations by the issuing bank, if such bank does not authorize the payment, AL-ANDALUS TOURS will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User. Once AL-ANDALUS TOURS receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent confirmation of the service being provided in the manner and, where appropriate, place established. In any case, by clicking on “Book” the User confirms that the payment method used is his own.

1. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting AL-ANDALUS TOURS through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website. In any case, the User, before clicking on “Reserve”, has access to the space, cart, or basket where his purchase requests are recorded and can make modifications. Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

1. CANCELLATION POLICY

Failure to show up for a visit or outside the tour start time, as well as not carrying your ID card or passport on visits that include Alhambra tickets will not entitle you to any refund of the amount of the tours purchased. To request changes or cancellations you must communicate them in writing to the following email address: soporte@alandalustours.es

-Services including Alhambra ticket:

• From the moment the reservation request is made, it cannot be changed or cancelled, nor will you receive any refund.
• As established in the Resolution of January 16, 2020, of the Patronato de la Alhambra y Generalife, by which it is agreed to publish the Regulations for Visits, Commercialization and Other Public Uses of the Monumental Complex of the Alhambra and Generalife and its associated properties, it is communicated that the tickets purchased are non-refundable, except in the following cases:

– When it has not been possible to carry out the visit for reasons attributable to the PAG. Patronato de la Alhambra y el Generalife (Board of Trustees of the Alhambra and the Generalife)

-When some of the assumptions established in Article 35 of Decree 40/2017, of March 7, which regulates the organization and operation of the General Treasury of the Junta de Andalucía and collection management.

The refund will be made in accordance with the procedure established in Chapter III of Decree 40/2017, of March 7, which regulates the organization and operation of the General Treasury of the Junta de Andalucía and collection management. In no case shall the amount of the management fee established in the system for the management and sale of tickets be refunded.

• Similarly, according to Law 3/2014, of March 27, which amends the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of November 16, it is established on the basis of Article 103 (referring to the exceptions to the right of withdrawal) that:

1. l) The provision of accommodation services for purposes other than housing, transportation of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.

– Services that do not include Alhambra ticket:

• Information specified on each product.

*IMPORTANT: Cancellation charges are effective from the time the request is made.

In the event of a pandemic or other force majeure beyond our control that prevents the tour from taking place, the amount you have paid will be made available to you in the form of a voucher to consume any of our products with a validity of 2 years and not with the transfer of the money paid.

1. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, AL-ANDALUS TOURS accepts no responsibility and shall not be liable either directly or secondarily for the following liabilities:

• AL-ANDALUS TOURS applies all the measures concerning to provide a faithful visualization of the product on the Web Site, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature.
• Technical failures that for fortuitous or other reasons, prevent normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. AL-ANDALUS TOURS puts all the means at its disposal in order to carry out the process of purchase, payment and sending/delivery of the confirmation emails, however is exempt from liability for causes that are not attributable to him, fortuitous event or force majeure.
• In general, AL-ANDALUS TOURS shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, by way of example but not exhaustive:

• Strikes, lockouts or other industrial action.
• Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.
• Inability to use public or private telecommunications systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and AL-ANDALUS TOURS will have an extension in the deadline to fulfill them for a period of time equal to the duration of the cause of force majeure. AL-ANDALUS TOURS will use all reasonable means to find a solution that will allow it to fulfill its obligations despite the cause of force majeure.

1. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with AL-ANDALUS TOURS will be electronic (email, WhatsApp or call). For contractual purposes, the User consents to use this electronic means of communication and acknowledges that any contract, notification, information and other communications that AL-ANDALUS TOURS sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User. The User may send notifications and / or communicate with AL-ANDALUS TOURS through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website. Likewise, unless otherwise stipulated, AL-ANDALUS TOURS may contact and/or notify the User by e-mail or by any other means provided by the customer.

1. WAIVER

No waiver by AL-ANDALUS TOURS of a specific legal right or action or the lack of requirement by AL-ANDALUS TOURS of strict compliance by the User of any of its obligations shall not constitute a waiver of other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations. No waiver by AL-ANDALUS TOURS of any of the present Conditions or of the rights or actions derived from a contract will be effective, unless it is expressly stated that it is a waiver and it is formalized and communicated to the User in writing.

1. NULLITY

Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.

1. FULL AGREEMENT

The present Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and AL-ANDALUS TOURS in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parties. The User and AL-ANDALUS TOURS acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

1. DATA PROTECTION

The information or personal data that the User provides to AL-ANDALUS TOURS in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Web Site the User consents to the processing of such information and data and declares that all information or data provided are truthful.

1. APPLICABLE LAW AND JURISDICTION

Access to, browsing and/or use of this Web Site and contracts for the purchase of products through it shall be governed by Spanish law. Any controversy, problem or disagreement arising out of or related to the access, navigation and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between AL-ANDALUS TOURS and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

1. COMPLAINTS AND CLAIMS

The User can send AL-ANDALUS TOURS their complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Conditions (General Information). In addition, AL-ANDALUS TOURS has official complaint forms available to consumers and users, and that they can request AL-ANDALUS TOURS at any time, using the contact details provided at the beginning of these Conditions (General Information). Furthermore, if a dispute should arise from the conclusion of this purchase contract between AL-ANDALUS TOURS and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.