|Terms and conditions La Palma|
OASISLAPALMA.COM, established by virtue of the law 34/2002 „Servicios de la Sociedad de la Información y del Comercio Electrónico (LSSICE), offers the following information:
Responsible for the Web: Organización Agencia Servicios Isla Canarias S.L.U.
Address: Centro Comercial Centrocancajos, local 302, 38712, Breña Baja, Isla de la Palma, Canarias, Spain.
Phone: (0034) 922 434 409, Fax: (0034) 922 433 024
Fiscal number: B-38536579
Registration: Registered at the Registro Mercantil de S/C de la Palma, file 30, section 8, inscript. 1, book 0, page IB 1320, folio 76
IATA Travel Agency Number 78251961
Licence of travel agency: Islas Canarias, IC 368
Member of CEPYME (Confederation of small and medium-sized enterprises on the Island of La Palma)
Insurance Companies: Mapfre and AXA (La Palma)
Reclamation forms: Available at the company´s premises
Services: Intermediation between the mayor travel organisations and the providers of services with the traveller, for the promotion and sale of the following services and touristic products:
· Flight and boat tickets
· Accommodation (Hotels, holydays homes, rural cottages, apartments, pakets)
· Car rental (Rent a car / carhire)
· Combined journeys (Hotels, holiday homes, rural cottages, apartments, packets)
· Holiday offers (Hotels, holiday homes, rural cottages, apartments, packets)
· Sales of excursions by car or on foot, with or without guide
· Information on the island of La Palma such as travel guides, maps, recommendations, etc.
General contracting conditions between OASISLAPALMA.COM and the user:
Oasislapalma, S.L. offers the use of this Web site to users subject to acceptance without modifications by the user (hereinafter the “User”) of the General Conditions listed here in. In order for the User to make use of this OASISLAPALMA.COM Web site it is understood that the User is in agreement with all of these General Conditions. If the User is not in agreement with these Conditions it is not entitled to use the OASISLAPALMA.COM Web site. OASISLAPALMA.COM is the owner of these Web sites: www.oasislapalma.com, www.oasislapalma.es, www.oasis-la-palma.com, www.oasislapalma.eu, www.oasis-la-palma.eu, www.oasis-la-palma.de and www.oasis-travel-la-palma.com
The User declares that he or she is of adult age (i.e. aged at least 18) and has the legal capacity necessary for being bound by this agreement and for using this Web site in accordance with the General Conditions listed herein that he or she fully understands. The User is responsible for treating as confidential and suitably safeguarding the passwords provided to the User by OASISLAPALMA.COM for accessing the Web site, preventing access to the same by unauthorised third parties. The User accepts responsibility for the economic consequences derived from any use of this Web site that arises from the use of the User’s password for the OASISLAPALMA.COM Web site, as well as from the use of the User’s passwords by third parties.
The User also states that all of the information it has supplied for access to this Web site and in course of the use thereof is true, complete and exact and undertakes to keep this updated. The technical organisation for this program has been carried out by Oasislapalma, S.L.U.
2- REGISTRATIONS AND REFUNDS
The full amount for the travel is to be deposited when registering, with no reservation being considered as firm until said payment is made, otherwise the reservation is considered as cancelled and with the application of the conditions set out in the section on cancellations.
3- PRICE REVIEWS
The travel package price has been calculated on the base of the exchange rates, transport fare price, fuel cost and levies and taxes applicable as at the date of publication of the program or subsequent ones that, as applicable, may have been made public in printed form. Any variation to the price of the above items may give rise to a modification to the final travel price, both upwards and downwards, and for the strict amount of the aforementioned price variations. These variations are to be notified to the consumer in writing or by any other medium that provides evidence of the communication, with the consumer being entitled, in the case of significant modifications, to cancel the travel without any penalty or to accept the modification to the contract. In no case will there be an upwards modification in the twenty days prior to the departure date in respect of requests already made.
4- SPECIAL OFFERS
When the travel package is contracted as a consequence of special, last minute or equivalent offers, at a price other than that expressed in the programme, the services included in the price are solely those that are specified in detail in the offer even when this offer refers to one of the described programmes, provided that this reference is made for the exclusive purposes of general information on the destination.
5- THE PRICE INCLUDES
1- The levies or taxes on hotel establishments.
2- The indirect taxes (V.A.T., I.G.I.C.) when these are applicable.
3- Stay in the selected establishment under the board conditions contracted or in other similar ones in the case of replacements.
4- Return transport (when this service is included in the corresponding travel itinerary).
5- All of the services and ancillaries specified in the corresponding itineraries. The sole authentic interpretation of the services offered in the travel package shall be that provided by the Organising Agency, meaning that, in the event of any doubts, the consumer has to consult the Organiser, meaning that the consumer, in the event of any doubts has to consult the former prior to the commencement of the travel so as to avoid the necessity of subsequent claims.
6- THE PRICE DOES NOT INCLUDE
Visas, airport taxes, vaccunation certificates, “extras” such as coffee, wines, liquors, mineral waters, special diets, clothing laundry and ironing and optional hotel services such as car-parking, TV rental, etc
7- APARTMENTS AND HOTELS
Apartments. – The customer is wholly and exclusively responsible for the correct declaration of the number of persons who are to occupy the room (without omitting children), whatever their age, when making the reservation. It is hereby stated that the Establishments’ administrations may legally refuse to allow the admittance of non-declared persons, with no right to any claim arising from this cause. When making the reservation it is necessary to reconfirm the place and time for key collection.
Hotels. The quality and content of the services provided by the hotel will be determined by the official category assigned to them and will be submitted to administrative controls. Given current legislation (which only provides for the existence of single and double rooms and allowing for a third bed in some of the latter), it is always deemed that the use of the third bed is made with the knowledge of the persons occupying the room. This tacit respect derives from the certain circumstance of having been previously advised, as well as with the room appearing as a triple in all of the reservation forms and in the travel’s definitive vouchers or documentation. Check-in and check-out times.- Hotel check-in on day of entry is as from 12.00 hours and as from 17.00 hours for apartments. Reservations are normally guaranteed until 20.00 hours. If later arrival is expected it is recommended that the hotel be notified directly. If this is not done the establishment may take up the room/s or apartment/s.
When travellers so request and with the corresponding prior payment, supplements that cannot be definitively confirmed by the Organising Agency, such as individual room services, sea view, private bathroom, etc. and said services cannot be provided, the Organising Agency does not contract any responsibility beyond that of reimbursing the amount paid for said services, to be received by the customer at the end of the travel.
Travellers’ baggage not covered by a terrestrial transport contract is understood for all effects as that the traveller has with it, whatever part of the vehicle in which this is placed and is carried on the traveller’s account and risk, without the Organising Agency being under the obligation to be held responsible for the loss or damage that might be suffered by these during the travel for any cause, with the presence of customers being recommended during all baggage loading and unloading operations. As for the air transport of baggage, we refer to the airline companies’ conditions as regulated by IATA. In the event of any damage or loss to baggage it is recommended that the appropriate claim be made immediately to the transport company.
10- CHILDREN AND THIRD PERSON
Consult special conditions on free services or discounts for children. These free services or discounts are always to be understood as requiring the sharing of a room with two adults, with a maximum of two children per room. Cots: if this service is required it should be indicated when making the reservation, as hotels have a limited stock of units, and should be paid for directly in the hotel as an extra. Third person: consult the supplement applicable for an extra bed occupied by an adult, as this supplement can vary depending on each hotel. As hotels have few extra beds, it is advisable to ensure availability when making the reservation.
The user or consumer may at any time cancel the services requested or contracted, being entitled to the refund of amounts that might have been paid over, both if this is the total price or the previously provided deposit, but is to compensate the Agency for the items indicated below:
a) In the case of individual services: All of the management costs plus the cancellation costs if the latter are incurred.
b) In the case of travel packages: A penalty consisting of minimum 15,00 euros plus the charges for touroperator or flight company.
c) Hotel cancellation charges:
If you need to modify or cancel your reservation you should contact your agent by telephone or by sending an email to the address supplied when your reservation was processed. OASISLAPALMA.COM charges a fee of 15 EUR for cancellations and no shows. Modifications: just one free and then 10,00 euros per each one.
Accommodation cancellation charges: If you cancel your reservation at least 72 working hours before arrival, the hotel or other accommodation may charge, normally for the first night to cover its costs but some cases untill 100% (Ever have to be in spanish law). Holidays homes and rural cottages charge 100%.
* High season holidays, or during trade fairs, exhibitions, major conferences or while other important events taking place at the chosen destination, it will be necessary to give notice of the cancellation at least 30 days before arriving at the hotel. Otherwise the hotel may charge you for 100% of your booking as of the first night as a fee.
* In the case of no show, the hotel will apply the no show policy.
d) OASISLAPALMA.COM cancellation charges are: 15 EUR.
The Agency undertakes to provide its customers with all of the services contracted through the programmes contained in this page, with the conditions and characteristics as stipulated. It shall be exempted from this obligation when there concur cause of force majeure, i.e. circumstances outside of the control of the party citing this, that are abnormal and unforeseeable, with consequences that could not be avoided despite all the diligence employed; or where there are sufficient causes covering those cases in which the Agency, despite acting with due foresight and diligence, is unable to provide the services contracted for reasons that are not attributable to it. If it is impossible for the Organising Agency to provide any service after having concluded the contract and prior to travel departure, the consumer shall be entitled to opt for its replacement by another of similar characteristics and quality, or to rescind the contract, being entitled then to choose between another travel package of equivalent or higher quality if the Agency can provide this, or to receive total refund of the amount paid over, with the decision to be notified to the Agency within 48 working hours. No compensation may be demanded for breach of contract when the impossibility arises for sufficient or force majeure causes or when the customer has opted for replacement of the service that is impossible to provide. If, for any reason that is not attributable to the consumer, or which is not justified by sufficient or force majeure causes, the Organising Agency cancels the travel package after having formalised the contract and prior to the date of departure, the customer shall be entitled to another travel package under the terms established in the previous paragraph, being obliged to notify the Agency of its decision within the period of 48 working hours. No compensation for breach of contract may be demanded when the cancellation arises for sufficient or force majeure cause. If there is non-compliance or poor compliance of services provided representing more than 50% of the travel price that is not due to sufficient or force majeure causes, the Organising Agency is to opt for other suitable solutions for continuing the travel package, without any price supplement for the consumer and, as applicable, to pay the latter the difference between the services planned and those provided. If such solutions were to be unviable or if the consumer does not accept these of objectively valid reasons, the Agency is to provide it in every case return to the point of origin, refunding to the consumer the corresponding proportional amounts. In these situations the consumer may demand compensation from the Organising Agency for breach of contract. Compensation shall not apply when there are sufficient of force majeure causes. Any impossibility for providing the services that is stated to the Organising Agency prior to concluding the contract will not justify a demand for compensation for breach of contract from the Agency by the customer, given that said contract has not finalised, with the programme modification being part of the natural process of its negotiation. In conclusion, the consumer may only demand compensation from the Organising Agency when there is been a bad provision or absence of the services that comprise the travel, or cancellation for circumstances other than causes of force majeure. *
Responsibility to the consumer for the proper performance of the obligations derived from the travel package contract is to lie with the Organising Agency for this, independently of whether these obligations are to be performed by it or by another services provider, except if said breach refers to obligations incumbent on the Travel Agency that sells to the consumer or user of the travel package and always within the limits established in these General Conditions and in the applicable legislation. When the consumer finds in situ the non-performance or bad performance of the services contracted, it should immediately the supplier of these and the Organising Agency within the period of 48 working hours so that the latter can take the appropriate measures. Failure to notify the Organising Agency shall mean that it is the consumer who is to prove breach in performance to the General Directorate for Tourism and/or competent court, as it is impossible, outside of the aforementioned period, for the Organising Agency to check the veracity of what is alleged, as well as to reach a satisfactory solution for all of the parties involved. In no case is the Agency to be held responsible for the costs of board, maintenance, transport and others that arise as a consequence of delays in flight departures or returns for technical reasons, weather causes, strikes or others of force majeure. In the event of an accident when the travel is effected using coaches that are owned or hired by the Organising Agency, whatever the country in which this occurs, the traveller shall be expressly subject to the legislation in respect of road accidents of the country in which the vehicle is registered, being entitle in respect of personal injuries to refer to its insurance in accordance with the corresponding table of indemnities for this purpose and in virtue of which payment will be made to the interested parties, beneficiaries or legal representatives in the country in which the vehicle are registered and specifically in the legal tender of that country.
The descriptions of the services reflected for each establishment are those provided by the establishments themselves as at the contract dates, meaning that these characteristics may be subject to possible variations. The photographs displayed in the programme of persons, landscapes, hotels, apartments etc. were taken by or provided by external suppliers and are included merely for guidance and the Organising Agency shall not be held responsible if the customer does not find identical situations during his or her stay. Meals: In the case of FULL BOARD, breakfast, lunch and dinner will be served, the first service to be provided by the hotel being dinner and the last the lunch on the departure date (this may be modified by the customer when making the reservation). Under HALF BOARD, breakfast and dinner will be served, unless the customer chooses otherwise and the hotel can accept the change (dinner for lunch), except when the services to be provided are already specified. If the customer leaves the hotel prior to the contracted date of departure the Organising Agency does not undertake to make any refund unless the customer obtains a written statement from the establishment that it will NOT be billing the nights or services not taken up, with said statement to carry the establishment’s stamp.
The validity of this programme goes from 01/09/2007, being binding on the Organising agency during this period. Nonetheless, the changes to this information will be valid if they are communicated to the consumer prior to the contract being signed or when the modifications have been agreed between the contracting parties.
The use of this Web site Oasislapalma.com:
1.- The user accepts that Spanish applies to the functioning of this service and submits to the jurisdiction of the Courts and Tribunals of Santa Cruz de La Palma for resolving any disputes arising from the interpretation or application of these clauses. Oasislapalma.com reserves the right to make the changes to the established terms and conditions that it considers appropriate. Modifications are to be included in highlighted form on the Oasislapalma.com Web site.
2.- The user gives express consent to receiving electronic communications containing publicity and marketing news from Oasislapalma.com and the products and services it markets or promocions. Oasislapalma.com puts at the users’ disposal the means of contact referred to in the above paragraph for the purposes of revoking their consent.
4.- The registration of the user as a registered customer of Oasislapalma.com implies the knowledge and express acceptance of these general conditions. Contracting a specific tourism service offered by the suppliers of services or package tours that appear on Oasislapalma.com, implies explicit acceptance of the general contracting conditions for the supplier involved.
5.- If any clause included in these general conditions is declared to be null or invalid, whether totally or partially, said nullity or invalidity shall only affect said provision or the part thereof that is deemed to be null or invalid, with all of the remaining general conditions to stay in force, taking said provision or part thereof that is affected, as not existing.
6.- All the contents, brand names, logos, drawings etc. that appear in the Oasislapalma.com Web site are protected by intellectual and industrial property rights that are expressly reserved by Oasislapalma.com or, as applicable, by the persons or companies who appear as authors or owners of the rights. Action in accordance with current legislation shall be taken in the event of the violation of the aforementioned rights. It is prohibited, therefore, to reproduce, exploit, alter, distribute or make public communication under any title or medium of all of the contents of the Oasislapalma.com Web site for uses other than legitimate information or contracting by users of the services offered. In any case, prior written consent from Oasislapalma.com is required.
7.- The links to other Web pages that appear on the Oasislapalma.com pages are offered merely for information to the user and, accordingly, Oasislapalma.com takes no responsibility for the products, services or contents that are offered or supplied on the destination pages located on another domain.
8.- Oasislapalma.com assumes no responsibility whatsoever that might be derived from a lack of veracity, updating and exactness of the data or information on offers, products or services, prices, routes, distances, characteristics and any other data on the products and service offered or facilitated through the web site by the suppliers of the products or service or organisers of package tours.
9.- The sending and remittance of data made by the user through the Oasilapalma.com Web site or the information sent by the latter are protected by the most modern techniques for electronic security on the network. Likewise, the data supplied and stored on our databases are also protected by security systems that prevent access by unauthorised third parties to these. Oasislapalma.com applies its best efforts to have the most updated systems for the effectiveness of these security systems.