GENERAL CONDITIONS OF CONTRACT FOR SERVICES
General Terms and Conditions
Booking a tour or activity organized by IBERUS MEDIO AMBIENTE S.L.U. necessarily involves its agreement to these General Conditions. These conditions shall be deemed to be incorporated in and form part of the contract.
1. Contracting Parties
One of the contracting parties, Iberus Medio Ambiente, S.L.U., established in C/ Madrid, 18, La Carolina, Jaén (Spain), Spanish fiscal code B23540552 and Active Tourism code AT/JA/00056 and Ecotourism EC/JA/00001, responsible of the website www.iberusmedioambiente.com and www.iberusbirdingnature.com.
The other contracting party, the legal person, accessing the website to obtain information and make use of the services available in this site. The user represents that he/she is at least 18 years of age and can purchase the services offered through this website, according to these General Conditions, which they fully understand and accept.
The user must read this agreement carefully each time he/she accesses this website or contracts our services. These conditions may have changed since your last visit.
Online sales, made by email or by other means, shall not excuse the client from its obligation to read and accept these general conditions. Once the client has paid a deposit or booked one of our services, he/she shall accept the following rights and obligations.
2. Service contracting
The service contracting will be made through the website www.iberusmedioambiente.com, email or our telephone for bookings. IBERUS MEDIO AMBIENTE S.L.U. does not take responsibility of its service contracting by any means other than described.
The reservation will be granted by any of these means and it will be formalized by doing the payment representing 25% of the total contract. Reservation rights will expire three days after receiving the confirmation of the availability of your place, as well as the payment details. After expiry of the deadline, the place you applied for will be available for other users.
The remaining amount (75%) shall be payable within three days before the starting date. If the amount required is not paid within that period, IBERUS MEDIO AMBIENTE S.L.U. reserves the right to cancel the reservation, without prejudice to the compensation of the management costs outlined in this document.
When the user contracts a service three or less days before the starting date, he/she must do the full payment, without prejudice to refund rights or reimbursement due to cancellation, as well as any other circumstances described in these General Conditions.
When a service is subject to other terms of payment different from the ones outlined in this document, IBERUS MEDIO AMBIENTE S.L.U. will have to state this expressly in the description of that specific service.
3. Payment for the services purchased
The user commits to pay for the products or contracted services by one of the following means of payment:
- Credit or debit card from any bank (cards accepted: Visa, Visa Electrón, MasterCard, Maestro and American Express).
- Wire transfer, during the 72 hours preceding the start of the services, into the bank account provided to the user by IBERUS MEDIO AMBIENTE S.L.U.
- Any other means that shall be included in the future through the website.
The client must save the receipts of the transfers carried out to justify the contract of the services.
The transfers will be made in Euros. Any other currency type must be expressly authorized by IBERUS MEDIO AMBIENTE S.L.U. The reference currency is the Euro (€).
Users shall not consider any other means of payment different from the ones described here.
The purchase of any of the products will be effective from the time when IBERUS MEDIO AMBIENTE S.L.U. charge your credit card for the total amount of the services or receive the amount in cash or a confirmation of the bank transfer. Furthermore, IBERUS MEDIO AMBIENTE S.L.U. can cancel any purchase, without the user having the right to complain in this matter.
Applying for a reservation implies the commitment from the customer to charge the credit card provided by the user. If the latter cannot be charged (the payment is denied), the user agrees that IBERUS MEDIO AMBIENTE S.L.U. may disqualify the reservation.
The prices include exclusively the services specified on the website and in the booking conditions, which shall be sent by email to the contracting party.
4. Additional information about the trip
IBERUS MEDIO AMBIENTE S.L.U. shall provide the consumer and users contracting the services, with sufficient time before the trip, with a document (in writing or by any other means for the record) that contains the following information:
a) Pick-up times and meeting point for travelers.
b) Name, address and phone number of the travel organizer or the phone number of the local bodies that may help the user in case difficulties arise. If there is not any local body for this purpose, the user shall have access to an emergency telephone number or any supplementary information needed to contact the organizer.
c) Data sets, in accordance with current legislation for the insurance policy, with information on the optional conclusion of an insurance policy to cover the cost of cancellation by the costumer.
The information set out to in the previous subsection shall be provided at the latest when the reservation is confirmed.
Observation products for endangered species viewing are restricted to strict confidentiality safeguards.
The reservation of an observation product for endangered species entail a commitment on the part of the client in order not to reveal confidential information about the geographic location of the species.
It is forbidden to reveal the names of the private properties, as well as the entrance to such properties on your own.
If the non-fulfilment of this condition caused hurts or prejudices to IBERUS MEDIO AMBIENTE S.L.U., interfering with the activities or products of other clients, IBERUS MEDIO AMBIENTE S.L.U. reserves the right to claim the corresponding compensation to the direct infringer, acting on behalf of the injured clients or on its own behalf.
The infringer client assumes, by the present terms and conditions, that if IBERUS MEDIO AMBIENTE S.L.U. can prove that he/she has visited the site or disclosed private information, they could seek compensation according to the damages incurred.
5. Termination of the contract
- By the Contracting Party:
The user will be able to dispense with the contracted services at any time from the date the reservation is completed. He/she can also request reimbursement of the paid amounts. This action can be carried out in any case, and with the purpose of offsetting the management costs of the contracted service, setting up the following compensations:
- If the cancellation occurs in less than 15 weekdays before the start of the contracted service, the user will have the right to the total reimbursement of the paid amount.
- If the cancellation occurs ranging from 15 days to 7 days before the start of the service, the user shall pay the borrower 5% of the value of the contracted service.
- If the cancellation occurs ranging from 7 days to 3 days before the start of the service, the user shall pay the borrower 10% of the value of the contracted service.
- If the cancellation occurs two or less days before the start of the service, the user shall pay the borrower 25% of the value of the contracted service.
When the cancellation of the contracted service is due to cases of force majeure, the full amount of the payment will be refund to the user. In any case, the user shall expose these reasons to the borrower, who must give his agreement to the circumstances that justified the cancelation.
- By Iberus Birding & Nature:
a) If defects are due to force majeure, meaning such conditions beyond those who relies abnormal and unpredictable consequences of which could not have been avoided, despite having acted with diligence. These must be circumstances that force the cancellation of the service before its start. In this case, the user will have the right to the total reimbursement of the paid amount, without a possibility for compensation for breach of contract from IBERUS MEDIO AMBIENTE S.L.U.
6. Modification of the conditions of service
a) When there are exceptional circumstances that preclude the service delivery without modifying the terms thereof, IBERUS MEDIO AMBIENTE S.L.U. will immediately give notice of the upcoming changes to the contracted service to the user. The user has the option of accepting a modification or cancelling the service without any penalty. The cancelation of the service on the part of the user shall take place within two days after the communication carried out by the borrower, assuming the acceptance of those conditions in the opposite case.
b) Economic modifications will be communicated at least 10 days before the start of the service. In this case, the user will have a non-renewable period of two days to confirm the reservation if he/she deems this to be appropriate. In case the client does not confirm the service, the company understands that the user withdraws from the contract and has the right to reimbursement of full payments made. The user will not have the right to any compensation.
c) The adverse weather conditions will not be a motive for the cancelation or modification of the contracted services. In any case, IBERUS MEDIO AMBIENTE S.L.U. shall offer suitable alternatives to comply with the objectives set for providing a satisfactory service. If the user decides to continue with the agreed alternatives, the company considers that the client tacitly accepts these proposals. Otherwise, IBERUS MEDIO AMBIENTE S.L.U. will provide an alternative means of transport to move to the arranged point, without the right to the refund nor to compensation of any type for the unilateral termination of contract.
d) Reasons of force majeure, meaning such conditions beyond those who relies abnormal and unpredictable consequences of which could not have been avoided, despite having acted with diligence. These must be circumstances that force the modification of the service once it has started. This will not entail a breach of contract by IBERUS MEDIO AMBIENTE S.L.U.
7. The obligation on the consumer to communicate any breach of contract
The costumer has the obligation to communicate any breach of contract to the responsible person for IBERUS MEDIO AMBIENTE S.L.U. as soon as possible (in writing or by any other means for the record).
In case the service has already started, the user must communicate the responsible person for the company his/her disagreement with the contract execution. At that very moment, the company will offer a claim form where the user’s position, as well as the terms and points of the agreement offered by IBERUS MEDIO AMBIENTE S.L.U. will be recorded.
The agreed terms included in the claim form will have contractual consideration. The express undertaking on the part of the user will exempt the borrower from the liabilities derived from the initial breach of the contract.
In the case that the solutions put forward by IBERUS MEDIO AMBIENTE S.L.U. are not satisfactory for the user, he/she will have a period of one month to complain to the company through regular communications channels.
IBERUS MEDIO AMBIENTE S.L.U. will have 45 calendar days to respond to the claim made by the consumer, which period shall start from the day following the filing of the complaint to the organizer.
8. Breaching, responsibility and guarantees. Consequences for a failure to deliver public services. Breaching
In cases where IBERUS MEDIO AMBIENTE S.L.U. does not provide or verify that it cannot provide a substantial part of the services provided under the contract, the company shall offer suitable alternatives to comply with the objectives set for the continuation of the organized trip. This does not imply any price supplement for the consumer and the company shall pay the difference between the benefits provided and the supplied. If the user decides to continue the trip with the accorded solutions proposed by the organizer, the agency will consider that he/she tacitly accepts these proposals.
If the solutions adopted by IBERUS MEDIO AMBIENTE S.L.U. are not accepted by the client on reasonable grounds, the company shall provide the user, without any price supplement, a means of transport equivalent to the one used for the trip to go back to the starting point or any other place that both parties agree, without prejudice to a possible arising compensation.
In cases of complaint, IBERUS MEDIO AMBIENTE S.L.U. shall make their best efforts to find a satisfactory solution for both parties. IBERUS MEDIO AMBIENTE S.L.U. have a complaints book available to customers which they may request at any time. The complaint on the part of the client through this means will not be inconvenient at the time of proposing an agreement to the mutual benefit of the two parties concerned.
IBERUS MEDIO AMBIENTE S.L.U. responsibility
1. IBERUS MEDIO AMBIENTE S.L.U. shall be liable to its clients, according to the duties allocated to them by their respective field of management service, for the proper performance of the obligations arising from the contract.
2. IBERUS MEDIO AMBIENTE S.L.U. will respond to any damage resulting for the consumer from the failure to perform, or the improper performance of the contract.
Such responsibility shall cease upon the occurrence of any of the following exceptional circumstances:
a) If the failings noted in the performance of the agreement are attributable to the consumer.
b) If the inconveniences are due to force majeure, meaning such conditions beyond those who relies abnormal and unpredictable consequences of which could not have been avoided, despite having acted with diligence.
c) If the inconveniences are due to an event that IBERUS MEDIO AMBIENTE S.L.U., even though all the diligences are taken, but they still could neither have predicted nor prevented them. In cases of exclusion of liability because any of the circumstances described in b) and c), the organizer and/or retailer party to the contract shall be required to assist the consumer in difficulty.
3. The compensation for damages, resulting from the non-performance or improper performance of the services involved in the service will be limited under the procedure, will be limited to the international conventions regulators for those claims.
4. No exceptions may be made by contract terms as provided for in the paragraphs ‘breaching’ and ‘responsibility’ of IBERUS MEDIO AMBIENTE S.L.U.
a) IBERUS MEDIO AMBIENTE S.L.U. shall be liable to the user, in line with past commitments for the service delivery, about the proper performance of the obligations specified in the contract, irrespective of whether such obligations are to be performed by themselves or other service providers, and without prejudice to the right of IBERUS MEDIO AMBIENTE S.L.U. to act against third parties.
b) IBERUS MEDIO AMBIENTE S.L.U. will respond to any damage resulting for the consumer from the failure to perform or the deficient provision of the service. Such responsibility excludes the following circumstances:
1. If the failings noted in the performance of the agreement are attributable to the consumer.
2. If the inconveniences are due to force majeure, meaning such conditions beyond those who relies abnormal and unpredictable consequences of which could not have been avoided, despite having acted with diligence.
3. If the inconveniences are due to an event that the contractor even though all the diligences are taken, but they still could neither have predicted nor prevented them.
4. In all cases, except for the responsibility attributable to the user, IBERUS MEDIO AMBIENTE S.L.U. is committed to assist any consumer in difficulty.
9. Passports, visas and personal documentation
All guests, without exception, must carry their personal documentation, either passport, visa or ID card, under the laws of the country or countries visited, making sure that all these documents are in order. Users are responsible for obtaining, for its own account, visas, passports, vaccination certificate, or any other documentation required by local authorities. If the authorities, due to a carrier negligently, a lack of documentation or personal motives; reject visa facilitation or deny the entry to the country, IBERUS MEDIO AMBIENTE S.L.U. does not accept responsibility for events of this nature. Any expense that this may cause must be borne by the customer. In this case, the established conditions for the voluntary withdrawal shall be applied.
10. Property damage
IBERUS MEDIO AMBIENTE S.L.U. does not take responsibility for any property damage of the contracting part, resulting from the course of the activity.