1. Identification of the parties
The terms and conditions set out below govern access to and use of the URL www.santiagoexcursiones.com, owned by CAMINO GUANCHE TRAVEL, S.L., owner of the brand “Santiago Excursiones”, Tax ID (CIF) B56839749, with registered address at Calle El Cango 17, 38600 Granadilla de Abona, Santa Cruz de Tenerife (Spain), with telephone numbers 645929766 and 663318305 and email:info@santiagoexcursiones.com, hereinafter SANTIAGO EXCURSIONES, through which the USERS of the site (hereinafter USER or USERS) can access various information on day trips, travel and tourism.
2. Purpose of the services offered
2.1. The Company
SANTIAGO EXCURSIONES is a brand of the online travel agency CAMINO GUANCHE TRAVEL, whose main activity is brokering and/or organising tourism services, for which it holds the relevant licences granted by the Autonomous Community of the Canary Islands. Through the Portal www.santiagoexcursiones.com, it allows the USER to access and use the various services and contents made available by the company itself and/or by third-party service and content providers. These general conditions of use govern the general use of the portal; the actual purchase of the services offered by www.santiagoexcursiones.com shall be governed by their specific general conditions in accordance with the legislation in force on the matter. The USER will be able to view and print those conditions and must expressly accept them before confirming their booking.
Bookings or purchases of products or services made by the USER shall be subject to the specific terms and conditions established in each case. The USER agrees to accept and abide by the purchase terms and conditions established by SANTIAGO EXCURSIONES, including, by way of example but not limitation, payment of any amounts due and compliance with any rules and restrictions regarding the availability of rates, products or services. SANTIAGO EXCURSIONES accepts each and every obligation or prohibition imposed at any time by the legislation in force regarding the exclusion or limitation of the professional’s liability in performing the brokerage contract.
2.2. Features of the services
- SANTIAGO EXCURSIONES offers day trips, with daily departures from Santiago de Compostela to the Rías Baixas, the Costa da Morte, the Ribeira Sacra, Ribadeo, Vigo, etc. These routes include short walks around places of historic, artistic, natural or scenic interest.
- SANTIAGO EXCURSIONES reserves the right to set the minimum number of participants required for each day trip to take place. This minimum may vary depending on the activity booked. If the minimum number is not reached, Santiago Excursiones may reschedule the departure, offer an alternative activity or refund the amounts paid in full.
- Bookings made through the web platform require the customer to pay in advance as a deposit.
- The company reserves the right to cancel or postpone a day trip if there are reasons of force majeure, such as staff illness, adverse weather forecasts, mechanical breakdowns and other factors that do not depend directly on SANTIAGO EXCURSIONES. If the USER of the services is affected by a cancellation, the COMPANY undertakes to provide an alternative as soon as possible.
- The company has its own resources and staff for these activities, without prejudice to the possibility of subcontracting both to cover peaks in demand.
- The booking has the status of “free cancellation”.
3. Changes
The portal reserves the right to modify, limit or cancel the terms and conditions applicable to the website referred to above, provided that notice or notification is given to the USER before the modification, limitation or cancellation.
4. Conditions of access to and use of the portal
4.1. Technical requirements for access
To access the Portal, the USER must have access to the Internet, pay the corresponding access and connection fees, and have the equipment and computer systems needed to connect to the Network, including a suitable terminal (computer, telephone, etc.) and a modem or other similar access device. Correct access to and use of certain contents and services of the Portal involves downloading certain computer programs or other software elements onto the USER’s computer. That installation shall be at the USER’s expense, and SANTIAGO EXCURSIONES declines any liability that might arise from it.
4.2. Obligation to make correct use of the Portal, Services and Contents
a) The USER
The USER undertakes to use the Portal, the Services, the Contents and these General Conditions in accordance with the law, morality, good customs and public order. Likewise, the USER undertakes to use the Portal, the Services and the Contents diligently, correctly and lawfully and not to use them for purposes contrary to the content of these General Conditions, harmful to the interests or rights of third parties, or that could in any way damage, disable or impair the Website or its services, or prevent other USERS from enjoying the Website normally. In particular, the USER undertakes to refrain from:
1/ Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the Contents, unless authorised by the holder of the corresponding rights or legally permitted;
2/ Removing, circumventing or tampering with the “copyright” and other data identifying the rights of their holders that are incorporated into the Contents, as well as the technical protection devices or any information mechanisms the Contents may contain.
3/ Using the means made available by SANTIAGO EXCURSIONES to post messages that are not directly related to the subject matter, in particular illegal, unlawful or defamatory content or anything else that could harm the rights of third parties or damage computer systems. SANTIAGO EXCURSIONES reserves the right to remove any message it considers inappropriate.
4/ Destroying, altering, disabling or otherwise damaging the data, programs or electronic documents and other items found on the SANTIAGO EXCURSIONES Website.
5/ Obstructing other USERS’ access to the service by massively consuming the computer resources through which SANTIAGO EXCURSIONES provides the service, or carrying out actions that damage, interrupt or cause errors in those systems.
6/ Introducing programs, viruses, macros, applets, ActiveX controls or any other logic device or sequence of characters that cause or may cause any kind of alteration in the computer systems of SANTIAGO EXCURSIONES or of third parties.
b) The PORTAL:
SANTIAGO EXCURSIONES does not monitor or guarantee the absence of viruses or other elements in the contents that may cause alterations in the computer system (software and hardware) or in the electronic documents and files stored on the USER’s computer system.
4.3. Denial and withdrawal of access to the Portal and/or Services
SANTIAGO EXCURSIONES reserves the right to deny or withdraw access to the Portal and/or the Services, at any time and without prior notice, to USERS who breach these General Conditions.
5. Liability
The Travel Agency shall be liable to the consumer according to the obligations that correspond to it within its sphere of management.
In addition to the liabilities indicated in the third clause of these general conditions of use of the portal, SANTIAGO EXCURSIONES shall not be liable, directly or secondarily, for:
The quality of the service, the speed of access, the correct functioning, or the availability or continuity of operation of the portal. Likewise, SANTIAGO EXCURSIONES excludes all liability that might arise from interference, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of the electronic system, caused by reasons beyond the company’s control.
The information entered by USERS, collaborators and third parties.
Damage that may be caused to USERS’ equipment by using the portal.
If, for reasons of force majeure (including, by way of example but not limitation, political or economic disorder or instability affecting safety), deficiencies arise in the bookings, confirmations and/or performance of any trips or services contracted through SANTIAGO EXCURSIONES, due to circumstances that are not foreseeable or resolvable by the company, or if it is even impossible to perform some of the services agreed, the customer waives the right to submit any claim against SANTIAGO EXCURSIONES unless a lack of professional diligence on the part of SANTIAGO EXCURSIONES is established.
Breach of the law, morality and generally accepted good customs or public order as a result of the transmission, dissemination, storage, making available, reception, obtaining or access to the contents.
Infringement of intellectual and industrial property rights, of the rights to honour, to personal and family privacy and to the image of persons (photographs), of property rights or 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.
6. Cancellation policy for services by Santiago Excursiones
Santiago Excursiones may cancel the service offered to customers, agencies or other travel operators in the following cases:
- Santiago Excursiones may unilaterally cancel the day trip or tour if the minimum number of passengers required to run it is not reached.
- Santiago Excursiones may unilaterally cancel the day trip up to 10 hours before it takes place. Santiago Excursiones reserves the right to unilaterally withdraw the service offered for internal reasons up to 10 hours before the service.
7. Liability
7.1. Of the USER
The USER is solely responsible for any infringements they may commit or any harm they may cause through use of the Portal, and SANTIAGO EXCURSIONES, its partners, collaborators, employees and representatives are exempt from any liability that might arise from the USER’s actions.
The USER is solely responsible for any claim or legal action, judicial or extrajudicial, brought by third parties against SANTIAGO EXCURSIONES based on the USER’s use of the portal. Where applicable, the USER shall bear all expenses, costs and compensation incurred by SANTIAGO EXCURSIONES as a result of such claims or legal actions.
7.2. Of the COMPANY
The COMPANY undertakes to provide the services of a wholesale-retail travel agency and active tourism company in accordance with the legal provisions set by the various authorities for such activities, and to maintain the compulsory insurance and trained staff for those activities.