GENERAL TERMS AND CONDITIONS OF CONTRACT

Equinoccio Viajes in compliance with the provisions of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the website informs the Client, prior to the provision of the service, of the procedures and obligations that must be carried out for the effective conclusion of the contract:

a. The Client agrees to carefully read the content of the Terms and Conditions, both the General and the Specific conditions reflected in the electronic order.

b. To enter the personal data and any additional information necessary for the provision of the service.

Equinoccio Viajes guarantees, through the provisions of these Terms and Conditions, full compliance with the applicable regulations on Consumer and Client Protection, safeguarding their legitimate interests from the beginning to the completion of the contracting process for the products and services provided through the website.

On the one hand, Equinoccio Viajes, S.A.L. (hereinafter “Equinoccio Viajes”), with registered office at Calle Prim, 29, 20006 San Sebastián (Guipúzcoa), and with CIF A-48476030 and CIE 2050 M/M, registered in the Mercantile Registry of Gipuzkoa T. 1784, F.191, H.SS-16573., is the owner of the portal http://www.reservasequinoccioviajes.com and makes this portal available to Internet users for the purpose of reserving any of the products offered.

On the other hand, the User, whose identifying information is provided directly by them through the inclusion of their data in the various forms that Equinoccio Viajes makes available to access any of the services offered through the website owned by Equinoccio Viajes.

 

This necessarily involves the collection of personal data, for which the responsibility for its authenticity lies solely and directly with the User.

These Terms and Conditions governing the provision of services aim to regulate access to and the acquisition of services and content provided by Equinoccio Viajes to the Client through its website, constituting the legal framework governing the contractual relationship. The services and content shall be those available to the Client on the following website, which is owned by Equinoccio Viajes: www.reservasequinoccioviajes.com

These Terms and Conditions govern the legal relationship arising from the contracting processes carried out by Clients through the Equinoccio Viajes website. Clients expressly accept full and unconditional adherence to these stipulations, in the version published by Equinoccio Viajes at the time the Client contracts the service and/or content of interest. Therefore, the Client agrees to carefully read the Terms and Conditions each time they proceed to contract any service, as these may have been modified since the last time they accessed the service.

By accepting these General Terms and Conditions of Contract, the Client declares:

a. That they are legally capable of entering into a contract.

b. That they have read and accept these General Terms and Conditions of Contract.

 

The Client shall always have access, prior to the start of the service contracting procedure, to the Terms and Conditions of Contract, which may be stored and/or reproduced on a durable medium.

Equinoccio Viajes may modify these provisions whenever there is sufficient cause or reason to do so. It is understood that sufficient cause or reason for modification exists, by way of example and not limitation, when such modification aims to:

a. Expand the range or number of services made available to Clients or improve existing ones.

b. Modify, replace, or update the prices of the services offered through the website.

The Client expressly releases Equinoccio Viajes from any liability for direct or indirect damages arising from possible errors or omissions on the website, from any interruption, suspension, delay, or anomaly in access to it, and from any consequences that the foregoing may cause in the provision of the service. Likewise, the Client releases Equinoccio Viajes from any fraud or unauthorized use by third parties regarding the contracted service. This applies in any instance and notwithstanding any other provision set forth in these Terms and Conditions. Equinoccio Viajes undertakes to exercise the utmost care to protect the website from any viruses, trojans, or other elements that could compromise or damage the Client’s or third parties’ computer systems. In any case, the Client releases Equinoccio Viajes from all liability for direct or indirect damages caused by the possible existence of such harmful or malicious elements.

Equinoccio Viajes uses cookies on its website in addition to those strictly necessary for user navigation. Their use is intended to personalize pages on the website or to remind the user to register for services. Equinoccio Viajes uses third-party cookies, specifically Google Analytics cookies, through which information is stored in the user’s browser and can be retrieved on subsequent visits. The purpose of these cookies is to measure and analyze website traffic. The data obtained will be processed by Google in accordance with the Google Analytics Privacy Policy.

If you do not want Equinoccio Viajes to store cookies in your browser, you can configure your browser to reject them or to notify you when a website attempts to place a cookie in your browser software. Rejecting cookies may affect your ability to use some services on our website. For example, you can find information on how to do this depending on your browser Firefox: http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we ; Chrome: http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647 ; Internet Explorer: http://windows.microsoft.com/es-es/windows7/how-to-manage-cookies-in-internet-explorer-9 Safari: http://support.apple.com/kb/ph504

Through the website, Equinoccio Viajes uses state-of-the-art technology to ensure the protection of information. Equinoccio Viajes guarantees that the contracting of services is carried out in a secure environment.

Equinoccio Viajes is not responsible for the websites linked to this site and therefore assumes no responsibility for their content. Any risks arising from accessing such websites are the sole responsibility of the users, who must comply with the terms, conditions, and legal notices of those sites, for which Equinoccio Viajes also assumes no responsibility.

© Equinoccio Viajes holds the intellectual and industrial property rights for the elements that make up the website’s design, including the brand, trade name, or distinctive sign. In particular, and without limitation, the following are protected by copyright: logos, color combinations, the selection and presentation format, the website’s source code, menus, navigation buttons, HTML code, Java applets, texts, images, graphics, as well as any other content on the website owned by Equinoccio Viajes.

Access to the portal and the booking of services offered through the website involves the processing of personal data. For Equinoccio Viajes, compliance with personal data protection regulations and with laws governing information society services and electronic commerce is of utmost importance.

In general, users who visit the website do so without the need to provide any personal data. However, to access certain services, users may be required, in some cases, to provide certain personal data. Equinoccio Viajes guarantees the confidentiality of the personal data provided by users, in accordance with the regulations on Personal Data Protection and on Information Society Services and Electronic Commerce. Equinoccio Viajes complies with current data protection legislation and has adopted the necessary administrative and technical procedures to ensure the security of the personal data we collect.

The personal data provided will be incorporated into a file owned by Equinoccio Viajes, located at Calle Prim 29, 20006 San Sebastián (Guipúzcoa), for the purpose of managing your booking for the selected event. The user consents to their data being used by the company and by the event organizer of the contracted service to send commercial communications regarding products or services, either of their own or from third parties, in the sectors of travel, leisure, events, and gastronomy.

In this regard, the user is informed and gives their consent for their data to be incorporated into automated files owned by Equinoccio Viajes, located at Calle Prim 29, 20006 San Sebastián (Guipúzcoa), duly registered with the General Data Protection Registry, and for the automated processing of their data resulting from the consultation, request, or contracting of any service, or from any transaction or operation carried out, in order to access the information and services provided by Equinoccio Viajes through the website, and, where applicable, for maintaining the contractual relationship, as well as for sending offers or advertising and promotional communications.

The user declares that all data provided are true and accurate and agrees to notify Equinoccio Viajes of any changes to such data. The user has the right to object to the processing of any data that is not essential for the conclusion of the contract and to its use for any purpose other than maintaining the contractual relationship.

Equinoccio Viajes’ privacy policy guarantees users the right to access, rectify, cancel, or object to their data at any time by notifying Equinoccio Viajes via email at clientes@reservasequinoccioviajes.com.

Furthermore, in compliance with Law 34/2002 on Information Society Services and Electronic Commerce, Equinoccio Viajes will only send offers or advertising and promotional communications electronically to the user’s email address or by other equivalent electronic means, to those users who have expressly given their consent. Equinoccio Viajes informs the user that they may unsubscribe from these communications by following the instructions at the end of all emails or by notifying us in writing at clientes@reservasequinoccioviajes.com.

a. Obligations of EQUINOCCIO VIAJES:
Equinoccio Viajes undertakes to fulfill the following contractual obligations arising from the commercial relationship with the Client as a result of the Client’s booking of services:

  • Provide the requested service to the Client with the highest guarantees, in accordance with the provisions of the Terms and Conditions, without violating contractual good faith.

  • Explicitly inform the Client of the existence of these Terms and Conditions prior to the start of the booking process.

  • Inform the Client, prior to booking, clearly, precisely, and unambiguously, of the specific characteristics of the requested services, including their price and applicable taxes.

  • Make a copy of the General Terms and Conditions available to the Client.

  • Confirm to the Client, via email, both their order and, if applicable, the hotel reservation, providing an order number and confirming the effective completion of the booking within a maximum of 24 hours from the Client’s acceptance of the General and Particular Terms and Conditions reflected in their order.

b. Obligations of the Client:
The Client, for their part, undertakes to:

  • Fully comply with the provisions of these Terms and Conditions regarding the services provided by Equinoccio Viajes.

  • Complete the registration forms prior to the start of the booking process with truthful and up-to-date information.

  • Correctly provide the requested bank details, noting that Equinoccio Viajes reserves the right to change the partner bank and undertakes to inform the Client of the current banking entity through these Terms and Conditions.

  • Refrain from sending messages that could in any way impede or hinder the normal operation of the service. In any case, the Client shall be solely and fully responsible for the content of any messages they write or send, as well as for the data they provide and for any unlawful or illegitimate use of the website’s content.

  • Pay the price of the services, without the submission of a complaint or claim exempting them from this obligation.

  • In the case of a hotel reservation, comply with the particular rules of the hotel where the services are enjoyed, as well as observe hygiene, manners, and proper conduct towards other users and hotel staff providing the service.

c. Rights of the Client:
All information provided to the Client shall be binding on the provider under the terms established in the Terms and Conditions and, in the absence thereof, insofar as it does not conflict with applicable law. Every Client of the contracted services has the right to receive goods and services of the quality, category, and specifications contracted, under the Consumer Rights Law and the General Terms and Conditions of Contract.

In the case of a hotel reservation, all hotels are obliged to provide a complaint book where the Client can record their complaints. To file a complaint, fill in your personal details and indicate the reason for the complaint.

The prices and rates applicable to the booking of services by the user shall be those displayed on the Equinoccio Viajes website at the moment the user accesses the specific service and begins the booking process.

Equinoccio Viajes reserves the right to modify the rates published on the aforementioned website whenever it deems appropriate.

When the contracted service or product is a hotel reservation, as a general rule, the reservation price includes exclusively: accommodation, accommodation with half board, or accommodation with breakfast.

 

The availability and price of special service requests, such as the need for a crib, extra bed, etc., which could not be included in the online booking calculation, shall remain pending confirmation by the hotel, which will be provided to the client by telephone.

Reservation Cancellation. Reservations may be canceled by sending an email to clientes@reservasequinoccioviajes.com always indicating the reservation reference number and the name(s) of the travelers. In the case of canceling a hotel reservation, the legal regulations applicable to travel agencies, accommodations, and tourism services will apply, including administrative and cancellation fees. Any bank charges generated by reservation cancellations will be borne by the client. Please consult our cancellation policy with our agents before making your reservation.

·        HOTEL ARBASO 4*S (2N):

o   Until 19/10: No charges.

o   From 20/10: 100% charges.

·        HOTEL ARRIZUL CATEDRAL 3 (2N):*

o   Until 17/09: No charges.

o   From 18/09 to 18/10: 50% charges.

o   From 19/10: 100% charges.

·        HOTEL ARRIZUL CONGRESS 4 (2N):*

o   Until 17/09: No charges.

o   From 18/09 to 18/10: 50% charges.

o   From 19/10: 100% charges.

·        HOTEL BARCELO COSTA VASCA 4:*

o   Until 19/10: No charges.

o   From 20/10: 100% charges.

·        HOTEL CATALONIA DONOSTI 4:*

o   Until 06/11: No charges.

o   From 07/11 to 17/11: 75% charges.

o   From 18/11: 100% charges.

·        HOTEL EUROSTARS AMARA 4:*

o   Until 31/08: No charges.

o   From 01/09 to 20/10: 50% charges.

o   From 21/10: 100% charges.

·        HOTEL LEONARDO BOUTIQUE 2:*

o   Until 01/09: No charges.

o   From 02/09: 100% charges.

·        HOTEL PALACIO DE AIETE 4:*

o   Until 19/10: No charges.

o   From 20/10 to 06/11: 50% charges.

o   From 07/11: 100% charges.

·        HOTEL PARMA 2 (2N):*

o   Until 02/11: No charges.

 

o   From 03/11: 100% charges.

Modification of Hotel Reservations. Hotel reservations may be modified by sending an email to clientes@reservasequinoccioviajes.com, always indicating the reservation reference number and the name of the guest. Offers are valid only during the period specified by Equinoccio Viajes in the advertisement, or, if not specified, for as long as they remain accessible to clients for effective booking.

If the Client wishes to modify the reservation, depending on the type of modification, it may incur the same fees as those indicated for cancellations in the previous section.

Equinoccio Viajes uses the authentication systems Verified by Visa and MasterCard SecureCode, which provide a high level of security for online purchases by verifying the identity of the cardholder before approving the transaction.

To verify the identity of the cardholder, it is necessary to enter a secret code or password specifically for online purchases (similar to ATM operations), which is known only to the legitimate cardholder. If you do not have this code or password for online purchases, you can obtain it by following the steps indicated by your browser, which will connect you directly to your bank. This information is not shared with the merchant, as the verification window is displayed directly by your bank (through the 4B System).

All communications use 128-bit SSL encryption to ensure the confidentiality of information. You can verify the authenticity of the password request window by checking the security certificate by clicking the padlock icon at the bottom of the window. The certificate must correspond to the address “telepago.4b.com.”

 

MasterCard SecureCode and Verified by Visa are systems and registered trademarks of Visa and MasterCard, providing greater peace of mind for your online purchases.

The bank transfer must be made within 24 hours to our Kutxabank account: ES87 2095 5600 85 1061541370 BIC: BASKES2BXXX. The total and final calculation of the reservation includes VAT, unless explicitly stated otherwise.

The validity period of these Terms and Conditions shall be the time during which they remain published on the website and shall apply to the services purchased while these Terms and Conditions are available. In any case, Equinoccio Viajes reserves the right to modify them unilaterally, without affecting services contracted by Clients prior to the modification, except in cases where the Client has changed or modified the contracted service, in which case the terms in effect at the time of the change and/or modification shall apply.

If any clause included in these Terms and Conditions is declared wholly or partially null or ineffective, such nullity shall affect only that provision or the part of it that is null or ineffective, with all other provisions remaining in full force and effect.

The Client agrees that the applicable law governing the operation of this service is Spanish law and submits to the jurisdiction of the courts of San Sebastián for the resolution of any disputes arising from the interpretation and application of this contract.

By accepting these provisions, the Client agrees to use this website and the services made available on it in the manner and form established herein, in accordance with these instructions, and undertakes not to use the website and its services for illegitimate purposes and/or contrary to the purposes set out in this legal notice, which could harm the rights and/or interests of third parties or in any way damage this website or prevent its correct functioning or that of the services offered on it now or in the future.

Similarly, the Client shall refrain from directly or indirectly obtaining the content provided on the website by illegitimate, unlawful, fraudulent means, theft, or plagiarism, or by any other means that contravenes the applicable Penal Code and relevant legislation.

Equinoccio Viajes reserves the right to deny access to the website, without prior notice, to any Client or third party who breaches these general Terms and Conditions of Contract.

 

The Client undertakes not to make any illegitimate or unlawful use of the website’s content, or any use that could directly or indirectly cause damage and/or harm to Equinoccio Viajes. Therefore, the Client shall refrain, by way of example and without limitation, from modifying, copying, distributing, publishing, transferring, and/or selling any information or appearance relating to the website owned by Equinoccio Viajes.