Nativics Terms and Conditions

The terms and conditions indicated below regulate access to and use of the URL https://www.nativics.com/ (hereinafter WEBSITE) owned by NATIVICS TRAVEL, S.L., (hereinafter NATIVICS).

IDENTIFICATION OF THE PARTIES

On the one hand, NATIVICS TRAVEL, S.L., (NATIVICS) a limited company with registered office at C/Bélgica, 21A, 5B, 07400, Alcudia, Balearic Islands, with CIF B09721093 and registered in the Mercantile Registry of Palma de Mallorca, Volume 2934, Folio 21, Section 8, Page PM-69720, Entry 1 and email address [email protected].

And, on the other hand, the natural person, hereinafter USER, who accesses the page to obtain information about and contract the services offered through the WEBSITE. The User declares that he or she is of legal age (over 18 years of age) and has the necessary legal capacity to acquire the services offered through the WEBSITE and to use it in accordance with the general conditions detailed below, which he or she declares to expressly understand and accept. In the event of a contract by a minor, NATIVICS will not be liable under any circumstances, and the minor, parents or guardians will have to assume any costs that this may entail.

GENERAL CONDITIONS

ACCESS TO THE WEBSITE

The WEBSITE screens support the following browsers: Chrome, Firefox, Internet Explorer 10 and 11, Safari and Opera. NATIVICS is not responsible for the results obtained using a different browser or operating system.

USERS who access the WEBSITE through devices with small format screens declare that they have previously accessed the website through a device with one of the browsers indicated in the previous paragraph and have consulted the website conditions and all notices made available to the recipient without any type of restriction due to the characteristics of the device with which the reservation is made.

CONTENTS AND RESPONSIBILITY

NATIVICS is a retail travel agency. As such, it may offer third-party tourist products (wholesalers), both individual services and package trips, and/or it may also create package trips for direct sale to the end customer, and not to third-party companies. NATIVICS does not organize package tours for sale to third parties.

The USER is hereby informed that the contracting of package tours is governed by the provisions of Book IV 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 and the specific conditions agreed with the USER depending on the organizer of the package tour, which may be a wholesaler, with NATIVICS being a retail travel agency.

The suppliers of products or services and the organizers/wholesalers that organize the package tour, each within the scope of their respective obligations, will be responsible to the USER for compliance with the obligations derived from the regulations in force and the conditions of sale of each of the products and services or package tours that are contracted, without NATIVICS assuming any obligation or responsibility with respect to those products or services that it does not provide directly, beyond the obligations that legally correspond to it when acting as a retailer.

In the event of using the website to reserve a tourist product, the USER is informed that the purchase of products/services through the WEBSITE means the acceptance by the USER of (i) these general conditions, (ii) the specific conditions applicable to the specific type of product/service to be contracted and (iii) the conditions of the product/service provider.

The USER agrees to accept and respect the terms and conditions of purchase established by the provider of the tourist product for which the reservation is made. These conditions may include payment of any amounts due and compliance with any rules and restrictions on the availability of rates, products or services, as well as cancellation or non-cancellation conditions.

The traveler is responsible for complying with government requirements for exit, entry and other documentation.

PURCHASE PROCESS

On the WEBSITE, reservations can be made in several languages according to the user's selection. Most fields are free, so the WEBSITE does not have the means to identify and correct errors in the entry of data, for this reason the USER will be responsible for any errors made when entering said data.

The document in which the contract is formalized by means of which the client acquires any tourist product or service through the WEBSITE will be sent to the USER by email. In this email, you will receive information regarding the products and/or services purchased, your tracking number, all instructions regarding payment methods, cancellation conditions, other useful information, and, where applicable, details of your travel documentation. The document will also be stored by NATIVICS, and the USER may access it at any time through the "My Reservations" section of the WEBSITE, located in the upper right corner, by entering their email address and password.

The purchase of any product will only be effective when NATIVICS validly charges the amount based on the chosen payment method. Up until then, the purchase may be cancelled by NATIVICS.

The available payment methods are:

PAYMENT BY CREDIT OR DEBIT CARD. For debit cards, the charged amount is automatically withdrawn from the associated account. For credit cards, the USER can access money without having funds in the associated account, and the amount is normally charged at the beginning of the month following the purchase.

PAYMENT BY ONLINE TRANSFER. To make payments with this method, you must be an online banking customer of one of the banks with which NATIVICS works. We will connect with your bank, where you must log in with your username to proceed with the payment.

ORDINARY BANK TRANSFER. Once the reservation has been made on our website, you must make a transfer within the next 24 business hours for the accepted amount. The transfer concept must include the tracking number that we will provide you at the end of this reservation. You must send us proof of the transfer to the following email: [email protected].

PAYPAL. We will connect with PayPal, where you must log in with your username to proceed with the payment. We recommend paying with PayPal as it is one of the safest methods of payment.

Not all of these payment options are always activated; this will depend on the type of product and how far in advance you make the reservation.

Requesting a reservation implies a commitment on the part of the client to authorize the charge for the full amount of the product, service or package tour contracted.

The USER agrees to accept and respect the terms and conditions of purchase established by the supplier with whom they make the reservation. These conditions may include payment of any amounts due and compliance with any rules and restrictions on the availability of rates, products or services.

The promotional prices published on the WEBSITE and other external advertising media are dynamically generated based on automated processes and actual user searches. These prices may change dynamically and randomly at any time.

The prices indicated do not include local taxes, nor, where applicable, entry and/or exit taxes for the country.

RIGHT OF WITHDRAWAL

This is the right of the user to terminate a contract in certain cases without having to justify their decision or incur any penalty.

Pursuant to article 103 section l) 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, the right of withdrawal will not apply to contracts that refer to the provision of accommodation services for purposes other than serving as housing, transportation of goods, vehicle rental, food or services related to recreational activities, if the contracts provide for a specific date or period of execution.

With regard to the transportation of passengers, According to Article 93 k) of Royal Legislative Decree 1/2007, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users, the regulation of distance selling (with the exception of Article 98.2) does not apply to passenger transport service contracts. Therefore, the right of withdrawal does not apply to reservations for passenger transport services. Thus, if the USER expresses his or her wish to cancel contracted transport tickets, the cancellation conditions of the company in question will apply.

With regard to package tours, article 160 of the same legal text provides that the USER may at any time cancel the requested or contracted services, having the right to a refund of the amounts paid, but must compensate the organizer or retailer in the following amounts:

The client will pay 100% of the reservation if he or she cancels 30 days before the start date of the service.

If he or she does not show up for the departure, the consumer and user is obliged to pay the total amount of the trip, paying, where applicable, the outstanding amounts unless otherwise agreed between the parties.

In the event that the package tour is subject to special economic conditions of the contract, such as freight of airplanes, ships or special rates, the cancellation costs will be established in accordance with the conditions agreed between the parties.

In exceptional situations of Force Majeure, the practices of change of date, redeemable voucher and/or refund of amounts will be applied in accordance with current legislation and the practices applied by the rest of the tourism industry in the same or similar situation.

The USER accepts that he/she will contact NATIVICS through our enabled contact channels if he/she has any claim before carrying out any procedure with his/her bank and before taking any legal action.

INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

The entirety of this WEBSITE: text, images, brands, graphics, logos, buttons, software files, color combinations, as well as the structure, selection, arrangement and presentation of its contents, is the property of NATIVICS and its reproduction, distribution, public communication and transformation is prohibited. Likewise, the reproduction, retransmission, copying, transfer or broadcasting, in whole or in part, of the information contained in these pages is prohibited, regardless of its purpose and the means used for this.

Users will use the WEBSITE solely and exclusively for private and personal use. Users may not copy, reproduce, transmit or distribute in any way the content of this WEBSITE or the services that can be obtained through it, without the written permission of NATIVICS.

Users may not establish links to web pages of the WEBSITE without the written consent of NATIVICS.

NATIVICS will not be responsible, directly or subsidiarily, for:

The infringement by the USER of intellectual and industrial property rights, the rights to honor, personal and family privacy and the image of people (photographs), property rights and any other nature belonging to a third party as a result of the transmission, dissemination, storage, making available, reception, obtaining or access to the contents.

The links and hypertext that allow, through the WEBSITE, the USER to access benefits and services offered by third parties, do not belong to nor are under the control of NATIVICS; will not be responsible for the information contained therein or for any effects that may arise from said information.

GENERAL INFORMATION

The portal reserves the right to modify, limit or cancel the terms and conditions applicable to the WEBSITE referred to above. In any case, the conditions that were in force when the client formalized the reservation will apply, or those subsequent if these are more favorable to the interests of the consumer.

NATIVICS reserves the right to deny or withdraw access to the Portal and/or the Services, at any time and without prior notice, to those USERS who breach these General Conditions.

There are complaint or claim forms available to consumers or users at this link: https://cim.conselldemallorca.cat/sacws-api/arxiu/apiArxiuServlet?id=76250

In compliance with the provisions of Law 7/2017, of November 2, which incorporates into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of May 21, 2013, on alternative dispute resolution for consumer disputes, provides a link to the European Union's online dispute resolution platform, referred to in Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013: https://ec.europa.eu/consumers/odr

In turn, at this link, you can consult the different alternative dispute resolution entities in consumer matters through which complaints, suggestions and claims can be submitted: https://www.mscbs.gob.es/consumo/resolucionConflictos/home.htm

These conditions will be subject to Spanish legislation. The courts of Palma de Mallorca shall have jurisdiction to hear any dispute arising from these conditions, except that, in accordance with 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, the other party is a consumer or user, in which case the courts of the consumer's domicile shall have jurisdiction.