TERMS & CONDITIONS
1. IDENTIFICATION OF THE MEMBERS
According to the provisions of article 10 of Law 34/2002, of July 11, in reference to Information Services and Electronic Commerce (Spanish regulation), the following are disclosed:
On the one hand, Sergio López Robledo with ID number 53337930X from now on “IKANTRAVEL FISHING TRIPS” or simply “IKANTRAVEL” under the brand with which the trips described on this website are marketed with the domain Ikantravel.com, with tax address at Carretera de Mairena 21, 18494 Nevada, Granada, Spain.
And, on the other hand, the “User”, who accesses the page to find out and/or contract the services offered through the Web.
For the purposes of the following legal text and defined in art. 151 of Royal Decree-Law 23/2018, of December 21 (Spanish regulation), shall be understood as:
a) ‘‘Travel service’’:
1st The transport of passengers.
2nd accommodation when it is not an integral part of passenger transport and does not have a residential purpose.
3rd The rental of passenger cars, of other motor vehicles within the meaning of article 2.21 of Royal Decree 750/2010, of June 4, which regulates the procedures for the approval of motor vehicles and their trailers, self-propelled or towed machines, agricultural vehicles, as well as systems, parts and pieces of said vehicles, as well as the rental of motorcycles that require a category A driving license, in accordance with the provisions of article 4.2.d) of Royal Decree 818/2009, of May 8, which approves the General Regulations for Drivers.
4th Any other tourist service that is not an integral part of a travel service defined in the three previous sections.
b) “Combined trip”: the combination of at least two types of travel services for the same trip or vacation, if those services:
1.º are combined by a single entrepreneur, even at the request or according to the traveler’s selection, before a single contract is concluded for all the services, or
2nd regardless of the conclusion of different contracts with different travel service providers, those services:
i) they are contracted at a single point of sale and selected before the traveler agrees to pay,
ii) are offered, sold or invoiced at a lump sum or lump sum price,
iii) are advertised or sold as a “package trip” or under a similar name,
iv) are combined after the conclusion of a contract under which the operator allows the traveler to choose between a selection of different types of travel services, or
v) they are contracted with different businessmen through connected online reservation processes in which the name of the traveler, their payment details and their email address are transmitted by the businessperson with whom the first contract is concluded to another or other businessmen with whom another contract is concluded, no later than twenty-four hours after the confirmation of the reservation of the first travel service.
The combination of travel services in which a maximum of one of the types of travel services referred to in paragraphs 1, 2 or 3 of letter a) is combined with one or more of the services referred to in section 4, it will not be considered a combined trip if these tourist services do not represent a proportion equal to or greater than twenty-five percent of the value of the combination and are not advertised or do not constitute for any other reason a characteristic essential part of the combination, or if they have only been selected and contracted after the execution of a travel service contemplated in the aforementioned sections 1, 2 or 3 has begun.
c) ”Combined trip contract”: the contract for the package trip as a whole or, if said trip is carried out under different contracts, all the contracts that regulate the travel services included in it.
d) “Start of the package trip”: the beginning of the execution of the travel services included in the package trip.
e) “Linked travel services”: at least two different types of travel services purchased for the same trip or vacation, which, without constituting a combined trip, give rise to the execution of different contracts with each of the individual travel service providers, if an entrepreneur provides:
1st on the occasion of a single visit or contact with your point of sale, the selection and separate payment of each travel service by travelers, or
2nd specifically, the contracting of at least one additional travel service with another businessman, provided that it takes place no later than twenty-four hours after the confirmation of the reservation of the first travel service.
When a maximum of one of the travel services referred to in paragraphs 1, 2 or 3 of letter a) and one or more of the tourist services referred to in paragraph 4 are purchased, no will constitute linked travel services if the latter do not represent a proportion equal to or greater than twenty-five percent of the value of the combination and are not advertised or are not for any other reason an essential feature of the trip or vacation.
f) ”Traveller”: any person who intends to enter into a contract or has the right to travel by virtue of a contract entered into in accordance with this book.
g) ”Organizer”: an entrepreneur who combines and sells or offers package tours directly, through or together with another entrepreneur, or the entrepreneur who transmits the traveler’s data to another entrepreneur for the purposes of what is indicated in paragraph b ) 2nd v).
h) ”Retailer”: businessman other than the organizer who sells or offers package tours by an organizer.
j) ”Unavoidable and extraordinary circumstances”: a situation beyond the control of the party alleging this situation and whose consequences could not have been avoided even if all reasonable measures had been taken.
k) ”Lack of conformity”: the non-execution or incorrect execution of the travel services included in a combined trip.
l) “Minor”: any person under eighteen years of age.
m) ”Point of sale”: any retail facility, whether movable or immovable, or a retail website or similar online retail sales device, even when these websites or devices are present to travelers as a single device, including a telephone service.
n) “Repatriation”: the return of the traveler to the place of departure or to any other place agreed upon by the contracting parties.
3. GENERAL CONDITIONS OF CONTRACT
3.1 ORGANIZATION, USE OF THE WEBSITE AND CONFIRMATION
IKANTRAVEL FISHING TRIPS , offers the use of this website to Users, conditioned to the acceptance without modifications by them of the General Conditions herein stated. By the use of this website by the User, it is understood that the User agrees with all the terms and conditions set forth therein.
IKANTRAVEL FISHING TRIPS, offers different contents, services and products to the User in the name and on behalf of Wholesale Travel Agencies and different Tourist Service Providers. In no case may the exploitation of this website be interpreted as an instrument for the direct sale and in its own name of said services, such as, but not exclusively, plane tickets, car rental services, train tickets, hotel reservations and the sum of two or more of the above.
The User declares that he is of legal age (that is, he is at least 18 years old) and has the necessary legal capacity to be bound by this agreement and to use this website in accordance with the General Conditions set forth herein, which he declares who fully comprehends and comprehends. In the event of contracting by minors, the authorization of the legal representatives will be required to access the services that may have been contracted.
The User is responsible for treating confidentially and properly guarding the passwords that are provided by IKANTRAVEL FISHING TRIPS to access the Website, avoiding access to them by unauthorized third parties. The User agrees to be responsible for the economic consequences derived from any use of this website that occurs through the use of their passwords, as well as for the fraudulent use of them by third parties.
The User also declares that all the information provided by him to access this website and in the course of using it, is true, complete and accurate and undertakes to keep it updated.
3.2 ACQUISITION OF SERVICES
The making by the User of reservations of the services that can be found on the Web, can be made through the contact form, by email or by phone, these not being counted as confirmed until the signing of the respective binding contract between both parties, IKANTRAVEL FISHING TRIPS and the User.
The acquisition of the right to receive or enjoy any contracted Service, will only be effective at the moment in which IKANTRAVEL FISHING TRIPS makes the charge in a valid way on the credit or debit card provided or is received, in those cases in which this is allowed, the transfer for the total amount of said purchase. IKANTRAVEL FISHING TRIPS reserves the right to cancel the Reservations made in case of non-payment, return of the payment, denied card, false information provided or in the event of manifest impossibility to verify and verify the data of the card provided. The User will be responsible for ensuring that the credit or debit cards they use are their property and that there are sufficient associated balances to cover the cost of the contracted Service.
When the client pays the entire reservation, IKANTRAVEL FISHING TRIPS will provide the User with all the necessary documentation, vouchers and documents that he must take directly to the trip.
The descriptions of the trips that appear on the Website specify the Services included in the price of each trip. Prices are indicated in Euros, unless otherwise indicated.
3.3 PAYMENT FOR SERVICES
A) Payment of combined trips:
To confirm the purchase of the service, the client must pay within 48 hours the amount equivalent to 50% of the price of the combined trip by bank transfer to an account that will be provided by email. The remaining 50% must be paid within a maximum period of 60 days before the scheduled departure of the contracted trip.
In some cases, the client will be offered the possibility of obtaining a 10% discount on the price of the combined trip, applying in this case a more restrictive cancellation policy.
B) Transportation service on behalf of third parties:
For the acquisition of transportation tickets not included in the combined trip (international flights, domestic flight, train…) the client must pay 100% of their price in advance to guarantee that the reservation is made by IKANTRAVEL FISHING TRIPS.
C) Consular processing services:
For the issuance of visas, tourist cards and other official procedures, the client must pay 100% of them in advance if he wishes these procedures to be carried out by IKANTRAVEL FISHING TRIPS. In addition, the additional expenses for processing expenses, indicated below in point 3.5, must be paid.
The non-veracity of the data provided by the user to IKANTRAVEL FISHING TRIPS for the processing of consular procedures, which result in the denial of any document required by the authorities of the country of destination, will not give any right to a refund of the price of the combined trip or compensation.
Unless otherwise expressly indicated, the price will not include any other services not specified in the INCLUDED section that can be found in each of the programs offered on this website, such as, but not limited to, visas, vaccination certificates, ” extras” such as coffees, wines, spirits, mineral waters; special diets; washing and ironing clothes, parking, use of the telephone, cots, TV rental; Spa services, spas, hot springs, massages, medical, therapeutic or health treatments; and any other similar service that the establishment offers for a price independent from that of the main accommodation service contracted.
In combined trips, indirect taxes (VAT, IGIC) are included when applicable.
Each Combined Trip offered on this website will be subject to the application of a service fee, depending on the destination where the services are provided, these fees being described below:
Destination Spain: a service fee of €15.00 applies per traveler and combined trip
Destination country of the European Union except Spain, Denmark, Norway or Iceland: a service fee of €25.00 per traveler and combined trip applies
Destination outside the European Union, Denmark, Norway or Iceland : a service fee of €30.00 per traveler and combined trip applies
The User must cover all the bank expenses or fees in such a way that IKANTRAVEL always receives the net amount described in the “combined travel contract”.
The User may pay for the services in Euros (EUR), US Dollars (USD) or British Pounds (GBP) at the interbank exchange rate set at the time of contracting plus the application of a 3% commission on the price stipulated on this Website.
The management fee for processing consular documents mentioned in point 3.3.C will be €25 for each traveler for Spanish Customers. This service is not included for foreign customers. This service fee ais not included in the price of the packages offered on this website.
3.6 AIR TRANSPORTATION SERVICES
IKANTRAVEL FISHING TRIPS, as the legal owner of this website, offers different air transport services to the User, acting on behalf of air carriers. In no case may the exploitation of this website be interpreted as an instrument for the direct sale and in its own name of said services; IKANTRAVEL FISHING TRIPS acting as intermediary of the service.
3.7 MODIFICATIONS AND CANCELLATIONS BY THE USER
Modifications prior to the start of the combined trip:
In the event of modifications to your Reservation, IKANTRAVEL FISHING TRIPS cannot ensure the availability of the Service Provider or Providers for the new dates or required conditions. Once your request is received, the providers will be contacted to confirm the new conditions, which will be offered to the User for acceptance. The management expenses for modifications of any service contracted through IKANTRAVEL FISHING TRIPS will depend, where appropriate, on the Provider, if applicable, and on the regulations in force at that time.
Modifications after the start of the stay in the accommodation:
In the case of any modification of the contracted conditions once the enjoyment of the accommodation services has begun, IKANTRAVEL FISHING TRIPS undertakes to make all the necessary efforts to be able to satisfy the user in their requests. Any requested modification that implies new conditions with the establishment, will be offered in advance to the User so that he can accept them.
Any change and/or modification requested by the User once the reservation process has begun will incur management expenses and may be subject to possible rate changes and new availability of places. Any request for cancellation and modification must be notified to IKANTRAVEL FISHING TRIPS from Monday to Friday until 5:00 p.m. on the same Friday.
IKANTRAVEL FISHING TRIPS reserves the right to cancel the contract with the User and reimburse the traveler for all payments, but will not be responsible for additional compensation if:
a) The number of people registered for the combined trip is less than the minimum number of travelers specified in the contract and the agency, IKANTRAVEL FISHING TRIPS notifies the client within the following periods:
1) Twenty calendar days before the combined trip in the case of trips lasting more than six days. 2) Seven calendar days before the combined trip in the case of trips lasting more than six days. 3) Forty-eight hours before the combined trip in the case of trips lasting more than six days.
b) If IKANTRAVEL FISHING TRIPS finds it impossible to carry out the contract due to unavoidable and extraordinary circumstances unrelated to the operation of the travel agency.
Likewise, the traveler has a period of 14 calendar days to exercise their right of withdrawal without the need for justification when the trip has been contracted outside the commercial establishment, for example, if it has been done online.
3.8 ASSIGNMENT OF THE PACKAGE TRAVEL CONTRACT TO ANOTHER TRAVELER
The User of the combined trip may assign his reservation to a third person who meets all the conditions applicable to that contract with at least seven calendar days before the start of the combined trip. The assignor of the contract as well as the assignee will be jointly and severally liable before IKANTRAVEL FISHING TRIPS for the amount pending payment of the agreed price for the combined trip as well as any other commission, surcharge or other expenses derived from the assignment, such as the commissions applied by the means of transport for the change of name of a plane, train, bus ticket or any other means that requires said change of ownership.
3.9 TRAVEL INSURANCE
The consumer is informed that he can obtain detailed and updated information on the specific documentation necessary for the chosen trip on the websites of the Ministry of Foreign Affairs and the Ministry of Health, as well as advice on the optional contracting of insurance that covers his expenses. cancellation and/or assistance that covers repatriation expenses in case of accident, illness or death; and information on the probable risks implicit in the destination and the contracted trip, in compliance with the General Law for the Defense of Consumers and Users.
The client, before formalizing the combined trip contract with IKANTRAVEL FISHING TRIPS, may request the contracting of assistance and/or cancellation insurance offered by our partner or reject contracting it, in which case the client must sign the document mandatory waiver of said service, IKANTRAVEL FISHING TRIPS will not be responsible for the expenses that may be caused to the client due to the cancellation of their trip, health care in the country of destination or repatriation.
4. PROTECTION OF PERSONAL DATA
IKANTRAVEL FISHING TRIPS is committed to complying with the obligation of secrecy of personal data, therefore it has adopted the necessary measures to prevent its alteration, loss, treatment or unauthorized access, taking into account at all times the state of technology.
In any case, all users have the right to exercise, at any time, the rights of access, rectification, limitation of treatment, deletion, opposition, limitation of treatment, and portability of data that assist them, by writing to happy-travel -online.com at the email address email@example.com, proving your identity.
The sale is understood to be made in Spanish territory, so for any interpretative or litigious questions that may arise, Spanish legislation will apply and, in the event of a dispute, both parties agree to submit, waiving any other jurisdiction that may correspond to them, to the jurisdiction of the Courts and Tribunals of the Consumer’s domicile.
The Combined Travel Contract is governed by what is agreed by the parties, what is established by these General Conditions and by the provisions of Royal Legislative Decree 1/2007 of November 16. Possible consumer claims for the lack of execution or deficient execution of the Contract must be made in writing through the Retail Agency within a maximum period of 30 days from the day the trip ended. In order to simplify the resolution of claims by civil means and reduce costs to the consumer, since it would not require lawyers and/or solicitors, the Organizer does not exclude the possibility of submitting to an Equity Arbitration of the Court of Arbitration of the Chambers of Commerce and Industry. The Organizer of the combined trip is not adhered to any arbitration system of the Consumer Boards.