The terms and conditions indicated below regulate the access 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) limited company with registered office at C/Bélgica, 21A, 5B, 07400, Alcudia , Illes Balears, provided with CIF B09721093 and registered in the Mercantile Registry of Palma de Mallorca, Volume 2934, Folio 21, Section 8, Sheet PM-69720, Inscription 1 and email address firstname.lastname@example.org.
And, on the other hand, the natural person, hereinafter USER, who accesses the page to find out about and contract the services offered through the WEBSITE. The User declares that he 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 according to the general conditions detailed below, which he declares to understand and expressly accept. In case of contracting by a minor, NATIVICS will not be responsible in any case, and the minor, parents or guardians must assume the expenses that this may cause.
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 that have reduced format screens, state that they have previously accessed through a device with any of the browsers indicated in the previous paragraph and having consulted the conditions of the web and all the notices made available to the recipient without any type of restriction due to the characteristics of the device with which the reservation is formalized.
CONTENT AND RESPONSIBILITY
NATIVICS is a retail travel agency. As such, it can offer tourist products from third parties (wholesalers), both individual services and combined trips, and/or it can also prepare combined trips for direct sale to the end customer, and not to third-party companies. NATIVICS does not prepare package tours for sale to third parties.
The USER is informed that contracting package tours is governed by the provisions of Book IV of Royal Legislative Decree 1/2007, of 16 of November, approving the consolidated 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 combined trip, which can be a wholesaler, being NATIVICS is a retail travel agency.
The providers of products or services and the organizers/wholesalers that organize the combined trip, 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 combined trips that are contracted, without NATIVICS assuming any obligation or responsibility. Any responsibility regarding those products or services that it does not provide directly, beyond the obligations that legally correspond to it as soon as it acts as a retailer.
In case of using the website for the reservation of tourist product, the USER You are informed that the purchase of products/services through the WEBSITE means the acceptance by the USER of (i) these general conditions, (ii) the particular conditions applicable to the specific type of product/service that is going to be contracted and ( iii) the conditions of the provider of the product/service.
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. Said conditions may include the payment of any amounts accrued and compliance with any rules and restrictions on the availability of rates, products or services, as well as the conditions of cancellation or impossibility of cancellation.
The traveler is responsible for complying with government requirements for exit, entry and other documentation.
On the WEBSITE the reservation can be made in several languages according to the selection of the Username. Most of the fields are free, so the WEBSITE does not have the means to identify and correct errors in data entry, for this reason any error made when entering said data will be the USER's responsibility.
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 said email you will be given information regarding the contracted products and/or services, your locator number, all the indications regarding the form of payment, cancellation conditions, other useful information and, where appropriate, the sending of the documentation of your trip. Likewise, the document will be archived by NATIVICS and the USER may access it at any time through the My Reservations section of the WEBSITE, which appears in the upper right part of it, by entering their email address and password.
The purchase of any product will only be effective at the time that NATIVICS makes the charge validly based on the chosen payment method, and may be canceled by NATIVICS until that time.
The available payment methods are:
PAYMENT BY CREDIT OR DEBIT CARD. In debit cards, the amount charged is automatically withdrawn from the associated account, in credit cards the USER can have money without having funds in the associated account, and the amount is normally charged at the beginning of the month following the purchase.
PAYMENT WITH ON-LINE TRANSFER. To make payments with this method, you must be an online banking client of one of the banks with which LOGITRAVEL works. We will connect with your bank where you must log in with your username to proceed with the payment.
REGULAR BANK TRANSFER. Once the reservation is made on our website, you must make a transfer in the next 24 working hours for the accepted amount. In the concept of the transfer you must include the locator that we will provide you at the end of this reservation. It is necessary that you send us proof of the transfer to the following email: email@example.com.
PAYPAL. We connect with PayPal where you must log in with your user to proceed with the payment. We recommend paying with PayPal as it is one of the safest forms of payment.
Not all of these payment options are always activated, it will depend on the type of product and how far in advance you make the reservation.
The fact of requesting a reservation implies a commitment on the part of the client to authorize the charge for the total amount of the contracted product, service or combined trip.
The USER agrees to accept and respect the terms and conditions of purchase established by the supplier with whom the reservation is made. Said conditions may include the payment of any amounts accrued and compliance with any rules and restrictions on the availability of rates, products or services.
The promotional prices published on the WEBSITE and in other external advertising media are generated dynamically based on automated processes and real user searches. These prices can therefore change dynamically and randomly at any time.
The prices indicated do not include local taxes, nor, where appropriate, entry and/or exit fees from the country.
RIGHT OF WITHDRAWAL
It is the power that the user has to cancel a contract in certain cases without the need to justify their decision or assume any penalty.
By virtue of article 103 section l) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, The right of withdrawal shall not apply to contracts that refer to the provision of accommodation services for purposes other than housing, transportation of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of execution.Regarding the transport of people, according to article 93 k) of Royal Legislative Decree 1/2007 approving the Consolidated Text of the General Law for Defense of Consumers and User s The regulation of distance sales (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 of passenger transport services. In this way, in the event that the USER expresses his desire to cancel contracted transport tickets, the cancellation conditions of the company in question will apply.
Regarding travel combined, 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 indemnify the organizer or the retailer in the following amounts :
The client will pay 100% of the reservation if he cancels 30 days before the start date of the service.
If he does not show up at the exit, the consumer and user is obliged to pay the total amount of the trip, paying, where appropriate, the pending amounts unless otherwise agreed between the parties.
In the event that the combined trip is subject to special economic conditions of contracting, such as fle of planes, 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, exchangeable voucher will be applied and/or reimbursement of amounts following current legislation and the practices applied by the rest of the tourism industry in the same or similar situation.
The USER accepts that he will contact NATIVICS through our channels of contact enabled if you have any claim before carrying out any management with your bank and before taking any legal action.
INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The entirety of this WEBSITE: text, images, trademarks, graphics, logos, buttons, software files, color combinations, as well as 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, assignment or broadcasting, in whole or in part, of the information contained in these pages, whatever its purpose and the means used for it, is prohibited.
Users will use the WEBSITE solely and exclusively for private and particular 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:
Infringement by the USER of intellectual and industrial property rights , of the rights to honor, to personal and family privacy and to the image of people (photographs), of property rights and of 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 make it possible, through the WEBSITE, to access the USER to benefits and services offered by third parties, do not belong to or are under the control of NA TIVICS; will not be responsible for the information contained therein or for any effects that may arise from said information.
The portal reserves the right to modify, limit or cancel the terms and conditions applicable to the aforementioned WEBSITE. In any case, the conditions that were in force when the client formalized the reservation, or the subsequent ones if they were more favorable for the interests of the consumer, will apply.
NATIVICS reserves the right to deny or withdraw access to the Portal and/or the Services, at any time and without the need for prior notice to those USERS who fail to comply with these General Conditions.
There are claim or complaint 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, November 2, by which Directive 2013/11/EU, of the EP and of the Council, of May 21, 2013, regarding the alternative resolution of consumer disputes, is incorporated into the Spanish legal system. a link to the online dispute resolution platform e the European Union, referred to in Regulation (EU) No. 524/2013, of PE and of the Council, of May 21, 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 will be competent to hear any litigation arising from these conditions, except that, according to the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the text Recast of the General Law for the Defense of Consumers and Users, the counterparty had the status of consumer or user, in which case the courts of the consumer's domicile will be competent.