General Terms and Conditions of User Contracting
These General Contracting Conditions (hereinafter, "General Conditions"), together with the Policies of Use, establish the conditions for the reservation of tourist activities, as well as the rest of the services offered on www.buendiatours.com (hereinafter, "Website").
These conditions are governed by the provisions of Article 10 of Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI), as well as Article 97.1 b) and c) of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.
Data of the Owner of the Web:
Company name: BUENDÍA TOURS IBÉRICA, S.L.U.
TAX ID: B-74461054
Registered in the Mercantile Registry of Asturias in Volume 4.355, Folio 108, Sheet: AS-55236
Phone number: + 34 984708484
Postal address: C/ Uría Nº58, Planta 3ª, 33003 Oviedo, Asturias
Contact e-mail: soporte@buendiatours.com
1.- Object
The company Buendía Tours Ibérica S.L.U. (hereinafter, "Buendía Tours"), is an international tour operator that markets through its website its own tourist activities (hereinafter, "Own Product") and promotes activities of other agencies and/or independent professional tour guides (hereinafter, "Suppliers") performing an intermediary function between the Suppliers, and travelers (hereinafter, "Users") who book their activities through the Buendía Tours website.
Specifically, Buendía Tours' own Product includes: Free Tours; activities or guided tours for a fee; transfers; private excursions; and also the organization of private services (hereinafter, "Services and/or Tourist Products") in which, on occasions, the travel agency regime is applicable. All those Services and/or Tourist Products promoted in the Buendía Tours Website that are part of its own Product contain as a distinctive mark in the photo of its description "Buendía Certified" (a green B in the upper left corner).
You can see the Services and/or Tourist Products that are part of Buendía Tours' Own Product, here: Buendía Certified | Buendía Tours (buendiatours.com)
Buendía Tours will attend the incidences that may cause responsibilities derived from the provision of its own product services.
Buendía Tours also acts as an intermediary. That is to say, it offers the technical possibilities for the promotion, reservation and payment of services offered by other companies, acting as a mediating authority for the Users. The tourism activities that are the object of intermediation are easily identifiable since they do not contain the distinctive symbol used for the Product itself. Intermediation activities are generally Free Tour services; private tours; excursions or guided tours for a fee; private services and transfers.
Claims arising from the breach of the contracted intermediation service will be directed towards the Suppliers whose tourism activity is mediated by Buendia Tours on the Website.
The photographs used in the descriptions of the different Services and/or Tourist Products promoted on the Buendía Tours Website do not bind, in any case, the itinerary or the content of the same. The images used come from photo banks, from which Buendia Tours has previously obtained the license to download images.
2.- Acceptance of the General Conditions relating to the Use and access to the Website
These are the only General Conditions applicable to the use of the Website and the contracting of services and / or tourism products offered on the website of Buendia Tours, and replace any other conditions.
The User agrees to the correct use of the Website. The User agrees to the exclusive use of the Website, and all its contents, for lawful purposes and not prohibited, which do not violate the law and / or may be harmful to the legitimate rights of Buendía Tours, its parent company or the group to which it belongs, and / or that may cause any damage directly or indirectly.
The General Conditions together with the Privacy Policy and the General Conditions of Use of the Website are applicable. The use of the Website is permitted to all Users who declare to be of legal age and to have full capacity to contract; likewise, the User guarantees the authenticity and veracity of all the data he/she communicates. Any use of the Website or any part of it means that the User has read and understood both the General Conditions and the Policies of Use and that he/she accepts, in full, to be subject to the terms of these General Conditions. By using this Website or making a reservation through it, you agree to be bound by these Terms and Conditions.
Buendía Tours reserves the right to make, at any time, changes or updates to its content and services, these General Conditions and any elements of the design and configuration of the Website. Buendía Tours will communicate the published changes to the Users in order to obtain their acceptance.
It is allowed to take pictures or record videos for commercial purposes during the development of services and / or tourism products contracted on the Buendía Tours website. All participants declare to be in agreement with the taking of these images and the use of such material created for commercial purposes for the use of Buendía Tours.
If any user does not agree with the recording and use of such images, you can send your objection in writing to soporte@buendiatours.com.
3.- Booking activities on the Buendia Tours Website:
Once the User selects a Service and/or Tourist Product on the Buendía Tours Website, he/she will be forwarded to a calendar where he/she can select the date of realization of the chosen service and/or tourist product. Subsequently, the User may determine the schedule in which it will be performed, within the availability offered on the Website; as well as the number of Users and the price to be paid for each of them, differentiating between adults, students and children of different ages. Likewise, in certain activities, which require the purchase of tickets, a distinction is made between citizens who are members of the European Union and those who are not.
Reservations are subject to acceptance by Buendía Tours; to the availability of the Service and/or Tourist Product contracted; as well as to the fulfillment and acceptance by the User of these General Conditions and the Policies of Use.
To complete the reservation, the User will proceed to complete a form where your name and surname will be requested, as well as an email to send the booking voucher (hereinafter "the Voucher"). Also, optionally, you may provide your telephone number and comments or observations in this regard.
Once the form has been completed and the present General Conditions and Policies of Use have been accepted, the User will be directed to the payment gateway (hereinafter, "the Gateway").
Once on the Gateway, the User will choose the method of payment, according to his/her convenience, and the verification and authentication of the same will be carried out. Finally, the User will automatically receive a booking confirmation to the email address provided. Upon receipt of this confirmation, the binding contract (hereinafter "the Contract") will be concluded.
Buendia Tours has the right not to accept the reservation in the event that the payment information is not approved, or that any other type of incident relating to the General Conditions is detected. When you make a transaction through our Website we will proceed to send you a confirmation email that will have the details of the transaction. Buendía Tours recommends the User to verify that the details that appear in the confirmation message are correct and keep a copy for your records.
In those services and / or tourist products contracted in which there is no availability for the date or time chosen by the user, Buendía Tours will make the necessary arrangements so that the user can carry it out on another date or another time slot.
Exceptionally, some of the reservations of services and / or tourist products contracted through the Buendia Tours website are not carried out through the use of the booking calendar, but requires the request for availability through a contact form. Once the request is formalized, Buendia Tours who will establish direct contact with the user through the data provided by it to confirm availability.
Once the form is sent, Buendía Tours will receive the request in the email leadagencias@buendiatours.com, through which the Service and / or contracted tourist product will be managed.
4.- Payment of the reservation:
The contracting of the Services and/or Tourist Products offered on the Buendía Tours Website is formalized when the User has correctly made the payment of the reservation. Thus, with the full payment of the booked service, the condition for the conclusion of the Contract is fulfilled.
The prices are those indicated on the Buendia Tours website at the time of booking the chosen activity. All prices offered on our website are represented in euros (€), therefore, payments and refunds of all transactions are made in euros (€).
Once the reservation is processed on the Buendia Tours website, the user is redirected to the Redsys Gateway. Payment for the service will be made by the User through a single payment in euros (€) through any of the payment methods enabled on the Gateway. The payment methods available on the Website will be shown in the process of finalizing the reservation.
Free Tour activity reservations do not require payment of a fee for the formalization of the same.
Transactions made on the Gateway by credit/debit card are subject to verification and authentication. After the request for payment authorization where the user confirms that the card used is yours or is authorized for use, the user can access the result of the transaction.
Buendia Tours always uses secure means of payment, in no case will store in their databases the information concerning the data of the cards used, since the payments of the reservations are carried out through the Gateway (Redsys).
In those reservations that are made through the contact form on the Buendia Tours website, the user will make the payment by sending the user a link to the payment gateway of the booking platform or by bank transfer.
In the event that the card issuer denies the transaction, Buendia Tours is not responsible for delays or cancellations of activities.
In those cases in which there is an undue charge on the card used, the user must contact Buendía Tours at soporte@buendiatours.com as soon as possible to carry out the appropriate measures.
Once the reservation is paid, users will receive an email confirming the payment of the contracted service and will be provided with the voucher.
The Voucher is not equivalent to the invoice corresponding to the contracting of the services. The User may request the invoice once he/she has received the Voucher by email.
After booking a Service and/or Tourist Product that is Buendía Tours' own Product, the User may also request the corresponding invoice at soporte@buendiatours.com. On the contrary, when the service contracted by the User through the Buendía Tours Website belongs to a Supplier, it will be the Supplier who will issue the invoice requested by the User. In this case, Buendía Tours will facilitate communication between the User and the Supplier.
5.- Confirmation of the reservation
Once the User receives the Voucher it will be understood that the reservation of the Service and / or contracted tourist product is confirmed.
The content of the Voucher consists of the date on which the service is going to be performed as well as a summary of the order. This includes the reservation number, the price, the data provided by the User and the applicable cancellation policy.
Finally, it provides an email and / or contact number of the Supplier of the Product and / or tourist service contracted by the User to address any incident or question that arises regarding the provision of the service.
Buendía Tours does not intervene, in any case, in the communications carried out between the User and the Supplier. Nor will it intervene in the execution of the contracted Tours. Buendia Tours is not responsible, in any case, for the service provided by the Supplier, nor for the fulfillment of the obligations assumed. The User and the Supplier expressly exempt Buendía Tours from any disagreement that may arise between them.
In those cases in which the service and / or tourist product contracted is Buendía Tours own product, the user can contact the customer service Buendía Tours by email info@buendiatours.com or phone number +34 620 57 19 76
6.- General conditions of modification and cancellation by the User
The cancellation or modification of the service can only be processed if the reservation data has been fully provided by the user.
In those cases in which the cancellation or modification is made within the period of time stipulated in the cancellation policy of Buendía Tours or those provided by the Suppliers, payments already made by the User will be remitted as soon as we have knowledge; so, in case the refund of the money is not immediate, please note that bank procedures may delay the income a few days. In any case, please do not hesitate to contact us so that we can check your situation.
Some of the activities promoted on the Buendia Tours website are non-refundable.
The User can access the conditions of cancellation and modification in the descriptions offered for each service and / or tourist product on the Buendia Tours website, including non-refundable.
.- Buendia Tours own product:
The User has the right to modify or cancel his/her reservation as long as it allows for changes.
If the User cancels a Service and/or Tourist Product less than 24 hours in advance, or no prior cancellation is made and subsequently does not make use of the tour, the total amount of the tour will be retained by Buendía Tours as a cancellation fee.
Specifically, in the booking of private services organized entirely by Buendía Tours, cancellation will be free if it occurs at least seven days prior to the date initially agreed. From the sixth day onwards, 50% of the agreed price will be applied as cancellation fee. Also, if the User cancels the reservation with less than 48 hours notice or does not make any prior cancellation and does not make use of the organized service, the total amount of the visit will be retained by Buendía Tours as a cancellation fee.
Buendía Tours will apply the corresponding management fees for the hiring of private services.
The user will be informed during the contracting of the cancellation policies of the contracted service. In those contracts that make up the configuration of a combined trip, the specific Particular Conditions that have been agreed shall be applicable. All this in accordance with the provisions of the 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, in relation to Combined Trips and Linked Travel Services.
The management of the private services contracted by the User is carried out in leadagencias@buendiatours.com. Do not hesitate to contact Buendia Tours to resolve any questions that may arise in this regard.
The modification or cancellation of the reservation of the Services and/or Products offered on the Buendía Tours Website must be communicated within the stipulated deadlines by sending an email to soporte@buendiatours.com or to the customer service telephone number +34 620571976.
.- Services and / or tourism products of suppliers that Buendia Tours promotes on its website:
The cancellation policy of the Services and/or Tourist Products of Suppliers that are promoted on the Buendía Tours Website should be consulted by the User in the description of the activity contained on the Website, as well as in the email confirmation of the reservation.
Therefore, each service will be applicable to their specific conditions of cancellation, which will establish the deadline and, where appropriate, the existence of some kind of penalty.
In short, Buendía Tours will manage the modifications and cancellations of each Service and/or Tourist Product of the Suppliers according to their cancellation policies. Likewise, it will be specified in the descriptions of the Services and/or Tourist Products on the Buendía Tours Website.
In case of doubt regarding the terms of modification and / or cancellation of the Services and / or Products promoted, the User can contact the customer service of Buendía Tours at the email soporte@buendiatours.com or phone number +34 620571976.
The conditions of the contracted transfers are described on the Buendia Tours website. Cancellation and modification policies are determined by the service providers. In those cases in which the transfer service is provided by Buendia Tours, the cancellation period is 24 hours.
7.- Conditions on attendance and punctuality:
The professional who develops the Service and/or Tourist Product belonging to Buendía Tours' own Product will meet the Users at the meeting point and at the established time.
In those cases in which the user does not join at the start time determined on the website of Buendia Tours, there will be no right to any refund. Consequently, no refund will be made in the case of not carrying out the activity booked in advance.
The User must print on paper or download the Voucher in order to show it at the beginning of the activity.
The Providers of the services mediated by Buendia Tours will set their own conditions regarding attendance and punctuality.
The User declares to have read and consented to the policy of modifications and cancellations by accepting these General Conditions. In addition, the User declares to be in agreement with the content of the conditions relating to the modification and cancellation of reservations on the Buendía Tours website.
8.- Responsibility regime:
Buendía Tours, without prejudice to the provisions of 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 derived from the liability regime arising from package travel services, by way of example and not limited to, shall not be liable, among other circumstances, for:
Reservation regime:
The User undertakes to make a correct and lawful use of the Website, of the contents and of the veracity of the data included in the reservations in accordance with the applicable legislation, the present General Conditions of the Website, good faith, generally accepted good customs, public order, traffic uses and the Policies of Use. Therefore, the User shall be liable to Buendía Tours and third parties for any damages that may be caused as a result of breach of such obligations.
Regime of cancellations, modifications:
Buendía Tours is not responsible for cancellations and modifications of reservations that have been made out of time by the User as stipulated in the modification and cancellation policy of these General Conditions and those stipulated by the Suppliers.
Lack of punctuality and issuance of voucher:
Buendía Tours will not assume any responsibility if the User is unable to perform the Service and/or Tourist Product booked due to lack of punctuality and/or not being at the corresponding meeting point.
Similarly, Buendía Tours will not be responsible for those cases in which the User cannot carry out the activity booked for not presenting the Voucher to those Providers who request it.
For damages or injuries suffered by Users:
Buendía Tours is not responsible for any damage or subtraction suffered by the goods owned by the User during the Service and/or Tourist Product booked. Likewise, neither shall it be liable for damages nor injuries that the User may suffer before or during the service.
Variations of the service:
Buendía Tours is not responsible for variations that may arise in the development of the Services and/or Tourist Products contracted by the conditions derived from circumstances of force majeure; events that could not be foreseen or that, foreseen, could not be avoided, by way of example and not limited to: war, military mobilization, pandemic, fire, sea damages or acts of nature, etc.
The concurrence of any of the events or circumstances of force majeure will exempt Buendía Tours from liability for delays or cancellations in its activity, although Buendía Tours will try, by all means, to minimize the consequences caused by the aforementioned events or circumstances.
Buendia Tours will not be responsible for variations introduced by the professional who develops the service and / or contracted tourist product, arising from external circumstances, provided that it complies with the itinerary and the purpose thereof.
In relation to the contracted transfers, Buendía Tours will not be responsible, in any of the cases, if the User does not follow the recommendations of Buendía Tours regarding the period of advance booking, nor for errors made by the User in the reservation of the Service and / or contracted tourist Product.
Complaints and claims:
Buendía Tours will not be responsible for complaints or claims for poor execution of a Service and/or Tourist Product carried out by a Supplier. Therefore, Buendía Tours will contribute to ensure that such claim is addressed.
On the contrary, Buendía Tours will attend the claims related to the development of the activities that make up its own product. For the resolution of complaints and claims from users, Buendia Tours offers them a customer service at soporte@buendiatours.com. In the resolution of complaints and claims, the present General Conditions shall be taken into account.
Buendía Tours Website:
Buendía Tours is not responsible for damages that may be suffered by Users due to technical failures not attributable to Buendía Tours or force majeure that prevent the operation of the Website
9.- Protection of personal data
In accordance with the provisions of the General Regulation on Protection of Personal Data and other applicable regulations on the subject, we inform you that the personal data you provide through our Website or by sending emails, will be processed by Buendía Tours as responsible for the treatment to carry out the transactions requested and receive periodic notifications through electronic means. The legitimacy of the treatment lies in the provision of the requested services. You can learn more about the processing of your data according to the purposes described in the privacy policies, which must be read, understood and accepted for the use of the services of this website.
Buendía Tours is committed to fulfilling the obligation of secrecy of personal data, so it has taken the necessary measures to prevent alteration, loss, treatment or unauthorized access, taking into account at all times the state of technology.
Under the user's consent we collect and process their personal data in order to send information about our products and services. We will keep this data for as long as the user does not revoke his consent to its processing and for the time established by law.
The basis of legitimacy of the data processing will be the consent given by the user by selecting the acceptance box of our privacy policy. The user has the right to revoke his consent, at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal.
In any case, all Users have the right to exercise, at any time, the rights of access, rectification, limitation of processing, deletion, opposition, limitation of processing, and portability of data that they are entitled to, by writing to Buendía Tours at the email address soporte@buendiatours.com, proving their identity. In the event that you consider, you can file a complaint with the Spanish Data Protection Agency.
10.- Intellectual Property
The ownership and all industrial and intellectual property rights of the Content belong entirely and in full ownership to Buendía Tours, in accordance with the provisions of Royal Legislative Decree 1 / 1996 of 12 April, approving the revised text of the Intellectual Property Law. All copyrights, trademarks and other intellectual or industrial property rights on the platform or content provided as part of the platform, the Website and social networks of Buendía Tours are the exclusive property of Buendía Tours or third parties who have expressly authorized Buendía Tours to use them on the Website.
Users acknowledge that the ownership of the name or denomination of these and all distinctive signs that distinguish their establishments or the products or services they offer in the market, belong, and will continue to belong to Buendía Tours. Likewise, Buendía Tours does not grant authorization or license to use the intellectual and industrial property rights owned by Buendía Tours.
11.- Conservation
Should any of the conditions be totally or partially null or ineffective by judicial sentence, this circumstance shall not affect the rest of the conditions, remaining in full force and effect.
12.- Applicable Jurisdiction
For the resolution of conflicts, these Conditions shall be interpreted and governed in accordance with Spanish law. Any dispute that may arise shall be submitted to the Courts and Tribunals of the domicile of the consumer as described in the Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users.
Buendía Tours has a customer service, as well as a complaint form to address requests and / or complaints from users regarding the services provided. The User can contact soporte@buendiatours.com.
In accordance with the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, Users residing in the European Union may access this link https://webgate.ec.europa.eu/odr in order to solve, out of court, any incident that has occurred in the provision of services Buendía Tours.