Terms and Conditions

Versión: 6
Fecha de publicación: Jan 1, 1

Translation disclaimer Some content within this document may not be accurately translated due to the limitations of the translation software. If in doubt, you should go to the Spanish version of this text.

GENERAL AND ACCEPTANCE OF THE GENERAL CONDITIONS OF USE

1.- GENERALITIES

1.1.- Introduction

Web site https://logtrip.com (hereinafter "the Website" or "the Web), is an online brokerage platform through which the Provider is of Activities (hereinafter"  Activity Provider " or "Activities Providers"), previously, they can advertise, advertise, promote and sell their activities in tourism, entertainment, leisure and active tourism aimed at users duly registered (hereinafter " user " , " users " or "consumer user" ) , so that they request, reserve , contract and pay through the electronic payment gateway Stripe .

The website is owned by LOGTRIP, SL, NIF: B05432174, VAT: ESB05432174, with address at Avenida de los Hoyos 16, Baj or D - 28860 Paracuellos de Jarama, Madrid ( Spain ), (hereinafter "LOGTRIP"). You can get in touch via mobile phone (+34) 936 073 464 and of the email  support@logtrip .com

These General Conditions will have an indefinite validity period and will be applicable to all commercial operations carried out between users and providers of activities through the website.

These General Conditions will remain in force and will be valid for as long as they are accessible through the Web site .

LOGTRIP reserves the right to unilaterally modify, and without prior notice, these General Conditions, without this affecting the travel and activity reservations that were made by users prior to the modification.

LOGTRIP reserves the right to substitute at any time both the General Conditions and the Particular Conditions (the "New Conditions"), as well as all those legal notices, guidelines and / or regulations of use collected on the website and that, according to the cases, they will replace, complete and / or modify the General Conditions set out here.

The user will be subject to the General Conditions in force at the time of making their reservation . Their temporary validity coincides with the time of their exposure, until the moment they are totally or partially modified.

The New Conditions will be applicable from the moment they are available to the consumer user .

LOGTRIP informs that the user can have access to the General Conditions by clicking on the link  https://logtrip.com/en/legal/terms-and-conditions. We recommend that the regularly consult the General Conditions, as they may change. You can always consult the current version of these conditions.

In case of contradiction between the terms and conditions stated in these General Conditions and the Particular Conditions, the conditions agreed in the latter instrument will always prevail with respect to those incompatible terms, and only with respect to those activity plans subject to said specific conditions.

1.2.- Application regulations

  • Law 7/1996, of January 15, on the Regulation of Retail Trade (LCM)
  • Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE 34/2002)
  • Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Usuary s and other complementary laws (TRLGDCU 1/2017)
  • Law 3/2014, of 27 March, approving the revised text of the General Law amending for the Defense of Consumers and User s and other complementary laws, approved by Royal Decree 1/2007, of 16 November (LGDCU 3/2014)
  • Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the Protection of Natural Persons with regard to the Processing of Personal Data and the Free Circulation of these data and by which the Directive 95/46 / CE (GENERAL REGULATION OF DATA PROTECTION - RGPD UE 2016/679)
  • Law 7/2017, of November 2, which incorporates into the Spanish legal system Directive 2013/11 / EU, of the European Parliament and of the Council, of May 21, 2013, relative to the alternative resolution of disputes in consumer matter (LAW OR DR 7/2017)
  • Regulation (EU) 2018/302 of the European Parliament and of the Council, of February 28, 2018, on measures to prevent unjustified geo-blocking and other forms of discrimination based on nationality, place of residence or place of establishment of customers in the internal market and amending Regulations (EC) No. 2006/2004 and (EU) 2017/2394, and Directive 2009/22 / EC (REGULATION (EU) 2018/302 ANTI- GEOBLOCKING)
  • Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights (LOPDGDD 3/2018)

1.3.- Definitions

When used in these terms of use, the following terms, whether singular or plural, will have the following meanings:

  • user : refers to any person using the site W eb making a reservation plans activities offered by providers on the platform activities;
  • platform or service : it refers to electronic platform that is accessed through the website W eb that relates to users consumers and to activity providers;
  • plans: refers to plans trips and activities providers of activities offered on the platform;
  • providers: it refers to the individual physical and / or juridical offer for hiring plans trips and activities on the platform.

1.4.- Intermediation Service

LOGTRIP is in no way part of the contractual relationship that users formalize directly with the activity providers , limiting itself only to providing a website where users and the activity providers can carry out contracts between them .

2.- ACCEPTANCE OF GENERAL CONDITIONS OF USE

2.1.- Purpose

The Terms and Conditions of Use of the Web, together with the other provisions of these General Conditions that, where appropriate, may be applicable, and / or the particular conditions that may be established, are intended to regulate the making available of information, the acces or use, performance and payment of reservations by payment gateways insurance plans providers activities made available to the users through the website as well as trade relations arising between the users and activity providers.

2.2.- Acceptance of the General Conditions

The fact of browsing the Web, using and / or acquiring the services included in the platform confers on you the condition of user . Both the navigation, as the use and / or the acquisition of any of the services of the Web, suppose the acceptance as a user , without reservations of any kind, of the Terms and Conditions of Use of the Web, together with the other provisions of these General Conditions and the particular conditions that, if applicable, govern the formalization of plan reservations for travel and activities or the provision of services, including the Privacy Policy; the Legal Notice; and the Cookies Policy that are available to the user through the corresponding links.

This acceptance is specified by a validation click during your registration in the Service. The reservations made through the intermediary diation of service between users and providers activities are governed by the terms and conditions of sale, which also must be accepted by the user for each purchase. These complete the General Purchase Conditions.

2.3.- Modification of General Conditions

LOGTRIP , may at any time and without prior notice, modify the Terms and Conditions of Use of the Web, as well as any of the other provisions of these General Conditions and / or the particular conditions that, where appropriate, are included, through the publication of said modifications on the Web, so that they can be known by users , always before they visit the Web or reserve any of the travel plans and activities offered .

3.- INTELLECTUAL AND INDUSTRIAL PROPERTY

3.1.- Property title

LOGTRIP is the owner of the Web and the trademark " LOGTRIP ", including its design, format, software that supports the Web, its source code or the databases that form or have been part of it at any time. The website is considered a computer program and is protected by copyright and any other rights derived from intellectual and industrial property, both under Spanish, Community and international legislation. Likewise, LOGTRIP is the assignee or holds the corresponding licenses and / or authorizations for the exploitation rights of the intellectual and / or industrial property that appear on this website .

The contents uploaded to the Web by the Activity Providers have all the necessary licenses and authorizations for their publication; However, if you detect that any of your rights is being violated by an Activity Provider , we ask you to immediately contact LOGTRIP .

LOGTRIP informs that it does not grant any express or implicit license or authorization whatsoever on intellectual and / or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in the Web and the Web itself, beyond what is strictly necessary for the correct use of the Web.

In no case shall it be understood that the access and use of the Web imply the resignation, transmission, license, total or partial assignment or authorization of any kind for the exploitation, reproduction, public communication, diffusion, disclosure and / or transformation or of the Web, nor of its contents, nor of the intellectual and / or industrial property rights inherent to them.

Likewise, it is expressly stated that it is not authorized in any way and, consequently, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use , treat or distribute in any way all or part of the Web or the contents included in the Web or in any other elements that are property of LOGTRIP or of third parties that authorized their use to LOGTRIP , if they do not have the express authorization and in writing from LOGTRIP or, where appropriate, from the owner of the rights.

3.2.- User content

The publication, by the user , of comments, suggestions and any material, photograph and / or information that does not have the consideration of personal data through the Web or its sending to LOGTRIP through the contact channels and / or functionalities enabled on the Web expressly and automatically attributes to LOGTRIP a non-exclusive, free, non-revocable, worldwide and sublicensable license for the exploitation of the intellectual property inherent in the User's Contents for use in the context and with the purposes of the Web and in relation to the services and functionalities available therein, as well as to carry out promotional actions of LOGTRIP on the Web site, on its social media profiles and on any off-line channel , making them available to the users and the general public. 

4.- LOGTRIP LIABILITY EXEMPTIONS 

In no case and under no circumstances will LOGTRIP assume any responsibility against the user or against any third party as a consequence of the following events and in the circumstances described:

  • Any inability or unavailability to use the Web, the user account or any other area of ​​the same or, even, the payment gateway or any suspension, interruption, malfunction or system crash - whether temporary or permanent -, when they are derived from factors necessary for maintaining the Website or factors outside the scope of LOGTRIP's control and activity , and that have been caused, directly or indirectly by (i) force majeure situations or that could not be foreseen by LOGTRIP , or that, being able to be foreseen, it is not possible to control or mitigate the effects of the same; or (ii) the action of a third party that has no personal, commercial or any other kind of relationship with LOGTRIP , including, but not limited to , manipulation, investment, disabling, sending computer viruses, overloading , the overflow, the massive remission of "junk mail" ( spam ) or "mail bomb", etc .;
  • Any direct or indirect damages of any kind (loss, loss of earnings, income, contract, goodwill, data, unnecessary expenses incurred) that may be caused and / or derived from the interruption, termination or dysfunction of the Web, and other causes established in the preceding paragraph;
  • Any event related to the activity or service plan, with the offer, with the payment of the plans , with the authorizations and licenses necessary for their execution and sale, with the information about the Activity Provider and especially with the legality of the contract. between the user and the Activity Provider;
  • Any impairment, damage, loss, loss or damage suffered by the contracted plan and / or the service provided once it has been received to the satisfaction of the user ; or
  • Any health problem , allergy, damage, discomfort, physical accident or any other incidents that may happen to the consumer user in the development of the contracted activity plans , such as allergies, incompatibilities and similar assumptions that do not imply a breach or negligence on the part of LOGTRIP .

In this sense, the user assumes, acknowledges and admits that, in any of the events and circumstances described in the previous paragraphs, LOGTRIP , lacks any responsibility towards the user himself or against any other third party, so that, consequently, the User expressly waives to claim LOGTRIP , any damages incurred or any other concepts derived or related to the events that have occurred and to sue LOGTRIP , in front of the Courts or in front of any other body for the concepts indicated in this section.

The user must defend, compensate, indemnify and maintain LOGTRIP its directors, employees, affiliates, agents or any other related persons, without any damage, regarding any claims, responsibilities, damages, losses, expenses or any other concepts, be they reasonable or not and that have arisen due to circumstances attributable to the user or as a consequence of any violation of the provisions of these Conditions of Use.

5.- INFORMATION ON THE PROCESSING OF PERSONAL DATA

In accordance with the provisions of REGULATION (EU) 2016/679 of the EUROPEAN PARLIAMENT and of the COUNCIL, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data and by which Directive 95/46 / CE (GENERAL REGULATION OF DATA PROTECTION - RGPD UE 2016/679) and in the Organic Law 3/2018, of December 5, of Protection of Personal Data and guarantee is repealed digital rights (LOPDGDD 3/2018), LOGTRIP informs the user s Providers and activities of the website that all personal data provided by filling in the electronic forms of contact or register existing on the website, by sending emails to different email accounts under the domain I nternet my logtrip .com f orman part of the Activity Log Processing (RAT) of LOGTRIP to be updated regularly according to l or established in the RGPD UE 2016/679, for use by the different departments of the company in order to be able to provide the user and the Provider of activities with our services, process them (management of reservations, collections and payments), send the Newsletter on the latest news and special offers of LOGTRIP plans and activities , as well as sending commercial communications about our services by letter, telephone, email, SMS / MMS, WhatsApp , Telegram or other equivalent electronic means of communication, always and when the interested party has consented to the processing of their personal data for this purpose.

The legitimation of the treatment is based on the execution of a contract in which the interested party is a party or for the application at his request of pre-contractual measures or by obtaining the express consent of the interested party. We will keep your personal data as long as there is a mutual interest in doing so, from the moment you give us your consent until you revoke it or request the limitation of treatment. In such cases, we will keep your data blocked for the legally required periods. The data will not be communicated to third parties, except legal obligation.

By entering their data into existing electronic forms on the website the user and the provider of activities gives n your explicit consent and unequivocal LOGTRIP to proceed in compliance with the purposes mentioned in the preceding paragraph, to the processing of data personal information provided.

Such data will not be transferred by LOGTRIP to third parties without the explicit and unequivocal consent of the user . All this without prejudice to the duty of collaboration d e LOGTRIP , before the competent judicial and administrative bodies that may require data from the user or provider activities affected.

Likewise, LOGTRIP informs the user and the Activity Provider of the possibility of exercising the rights of access to personal data, rectification, deletion (right to be forgotten), limitation of treatment, portability of data, opposition to treatment and no longer being subject to automated individual decisions and, when the treatment is based on consent, the right to withdraw it at any time, by writing to the postal address Avenida Garai 13, Artziniega 01474 (Araba / Álava) or through the email address email  support@logtrip .com , attaching the affected party, in both cases, a proof of identity valid in law, such as a photocopy of the DNI / NIE / Passport, and clearly indicating the right they wish to exercise.

If you consider that the treatment does not comply with current regulations or consider your rights violated, you may also file a claim with the Control Authority at https://www.aepd.es You can consult our Privacy Policy at  https://logtrip.com/en/legal/privacy-policy

6.- LIABILITY AND DISCLAIMER OF LIABILITY

LOGTRIP has adopted the SSL encryption procedure but has also strengthened all the interference and encryption procedures to protect as effectively as possible all personal data linked to the payment methods used by the Web.

LOGTRIP cannot guarantee the technical continuity of the website, the absence of failures or interruptions of the service, or that the website will be available or accessible one hundred percent of the time.

Nor can it guarantee the absence of viruses or other harmful components on the website or on the server from which it is supplied.

In no case, the unavailability of the website, or the existence of failures in it, will in any way authorize the user or third parties, to claim for any reason any type of remuneration or compensatory benefit.

The user is entitled to the reduction of the price or termination of the co ntrato, as established in the Royal Decree 1/2007 of 16 November, approving the revised text of the General Law for the Defense approved the consumers and Users and other complementary laws (TRLGDCU) .

The Activity Provider and the user act in their own name and right.

Neither the Activity Provider nor the user may assign their rights, interests, obligations or responsibilities acquired by virtue of the acceptance of these General Conditions of Contract or delegate said responsibilities without the prior written agreement of the other party.

7.- LINKS

The establishment of a hyperlink does not imply in any case the existence of relations between LOGTRIP and the owner of the website on which it is established, nor the acceptance and approval by LOGTRIP of its contents or services. Those who intend to establish a hyperlink must previously request authorization in writing from LOGTRIP . In any case, the hyperlink will only allow access to the home page or home page of the websites, and must also refrain from making false, inaccurate or incorrect statements or indications about LOGTRIP , or include illegal content, contrary to good customs. and public order.

LOGTRIP is not responsible for the use that each user makes of the information made available on the website or for the actions carried out based on it.

LOGTRIP does not assume any responsibility for the information contained in third-party web pages that can be accessed through "links" from any web page owned by LOGTRIP . The presence of "links" or links on the LOGTRIP website is for informational purposes only and in no case does it imply a suggestion, invitation or recommendation on them.

The actions that users carry out, or the decisions they adopt, under or through the use of the content and / or services available on Linked Sites, other services provided by third parties on this Website or linked / integrated services of any way on the Web are not the responsibility of LOGTRIP and will be, where appropriate, governed and regulated by the contracting conditions, conditions of use and privacy policies of said Linked Sites and / or third-party services, the reading and acceptance of which is the sole responsibility of the users before using such services and / or content. The user acknowledges their exclusive responsibility and fully assumes the risk derived from their access to the Linked Sites and / or from the use of third-party services available on the Web.

8.- GENERAL

These conditions have been exposed in due time, in accordance with current legislation. Likewise, LOGTRIP makes these General Conditions available to you, so that they can be stored and reproduced, thus complying with the legal duty of prior information.

LOGTRIP reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the website, its functionalities and / or the contents that are incorporated therein. Thus, as to cease the provision of services at any time, keeping intact the commercial obligations or of any kind acquired up to that moment.

In the event that any provision or provisions of these Purchase Conditions are considered null or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or non-application will not affect the remaining provisions. In this case, the affected clause or clauses will be replaced by another or others that have the most similar effects to those replaced.

LOGTRIP reserves the right to modify, at any time and without prior notice, these General Conditions. The users and providers of activities will always have these General Conditions in freely accessible visible place to make inquiries as you like.

These Conditions of Use, if they are written in several languages, in all of them will be valid and authentic. However, in case of doubt, claim or debate about the interpretation, execution or application of these General Contract Conditions, the Spanish version of the same will be the only one that must be taken into consideration.

Unless otherwise stated throughout these General Contract Conditions, the lists, details, specific assumptions or specific elements are cited for illustrative purposes only but are not exhaustive. The specific assumptions are included within generic areas for illustrative purposes only and, of course, without any further intention of exhaustiveness or limitation . Likewise, the terms that start with a capital letter and that are not expressly defined will have the meaning given to them by LOGTRIP .

9 . SERVICE TO THE CUSTOMER AND AFTER SALES

To make any kind of query, make a suggestion, or file a complaint or claim regarding the contracting of the articles and / or products, it can be done by filling in the contact form on the website, through the email addresses support@logtrip .com and soporte@logtrip.com or by calling the phone of the service d e to intention to l client (+34) 670276539 , at the following telephone hours:

  • From Monday to Friday at horary from 9 : 00 to 14 : 00 hours (mornings) and 16 : 00 to 19 : 00 hours (evenings) .
  • Saturday morning, from 9:00 a.m. to 1:00 p.m.
  • Saturday afternoons, Sundays and holidays closed.

10 .- APPLICABLE LAW AND JURISDICTION

These general conditions are ruled by the Spanish Law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the judges and courts of the user's domicile . In the case of a sale carried out by a legal person acting within the framework of its business or commercial activity, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Madrid (Spain) , Except for the competent jurisdiction in the case of consumers .

If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, the present General Conditions subsisting in everything else and such provision being considered totally or partially as not included.

In the same way, these conditions are subject to any other provision, regulation or law that may be directly or indirectly applicable.

1 1. -EUROPEAN ONLINE LITIGATION RESOLUTION PLATFORM

In the event that the consumer user has had a problem with a reservation or the provision of an online service, he may use this means to file any claim in relation to said sale or provision of services, as well as opt for the out-of-court solution of the conflict raised.

By virtue of the provisions of article 14.1 of Regulation (EU) 524/2013 applicable throughout the European Union and in Law 7/2017, of November 2, which incorporates Directive 2013 / into the Spanish legal system. 11 / EU, of the European Parliament and of the Council, of May 21, 2013, regarding the alternative resolution of disputes in consumer matters, LOGTRIP makes the following link available to users of the website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES

Through this link, website users will be able to access the European Platform for Online Dispute Resolution in Consumer Matters (ODR).

12 .- ACCEPTANCE

The user s and Activity providers should carefully read these Terms and Conditions. In any case, acceptance of the current Terms and Conditions at all times be an indispensable step prior to hiring any plan of activities tourism and active recreation available through the Web .

GENERAL CONDITIONS OF SALE

1.- GENERALITIES

1.1.- Object

The purpose of these General Conditions of Sale is to define the Conditions in which LOGTRIP makes available to the Activity Providers , the platform that is made up of a set of tools that allow the Activity Providers to register on the Web, contact with consumer users , confirm receipt of plan reservations and communicate with each other using a messaging tool made available to them.

L as transactions through the platform for the needs of the reserve plans activities are handled directly between the user and provider activities . LOGTRIP is in no case a Provider of activities of the plans proposed by the Providers of activities , through the intermediation of the platform .

All this without prejudice to the fact that the user and the Activity Provider could modify and / or extend these Conditions of Use by mutual agreement.

LOGTRIP is not part of the contract between the end consumer users and the Activity Providers and simply makes available to them an intermediation portal so that they can carry out their transactions and, in the cases that the users so decide , it will facilitate the collection and the payment of the transaction through the payment gateway enabled on the Web.

The purchase is made directly between the user and the provider of activities , so LOGTRIP assumes no liability in connection with the offer and sale of the plans of activities in tourism, entertainment, leisure and active tourism , conditions, its status, the after-sales service and any other event derived from the sale, being the Activity Providers the only responsible to the users of the plans offered, the offer, the information about them, guarantees offered, etc.

Without prejudice, and in the event that you are an Activity Provider , and you need more information or any clarification of these General Conditions of Sale, you can contact our sales team through the email account  support@logtrip .com

1.2.- Registration of Activity Provider and terms of distance contracting

To be a LOGTRIP Activity Provider, you must request registration as an Activity Provider by following the instructions in the "Activity Provider" area of the website and accept these general conditions of use, sale and purchase.

Registration process as an activity provider

A user account must be created during the registration process , LOGTRIP verifying the existence of the email and filling in the registration form as an activity provider.

Self-employed professionals will provide the following information :

  • Display name
  • Motto
  • country
  • Language
  • Main Currency

Companies must also indicate :

  • Type of company (Sole proprietorship, Travel Agency, Sector Company, Leisure Company, Organization)
  • Size (1-10, 11-50, 51-200, 201-500, 501-1000, 1001-5000, 5001-10000, +10001)

By requesting discharge Activities Provider shall provide to LOGTRIP all material deemed necessary for assessment by the department hiring .

At LOGTRIP we seek that the entire offer of activities , trips and services of our intermediation platform complies with all regional, national and international regulations and that is why we ask that all this information be sent to us. This commitment, from our intermediation service, is merely informative and we can only trust that the information received by professionals and activity providers is true and up-to-date and that they comply with and are up to date with all their legal obligations.

Many of the activities, trips and services offered are considered risky or high risk because they are activities, trips and services in the natural or international environment. We ask the providers of these activities, trips and services to send us all their titles, documents and certifications and we carry out constant work to validate them to make them appear in their profiles to convey confidence to potential clients who can get thanks to LOGTRIP , however, We demand, and this is stated in the terms and conditions of the providers of travel activities or services, that they comply with all legal requirements according to both the country or region where each activity or trip is practiced and the country or region where it is located. their legal headquarters or the corresponding regulations in each case must be applied to them.

LOGTRIP will in no case be responsible for anything that happened before, during or after the activities, trips or services contracted through our portal since our role is merely an intermediary between clients and suppliers.

LOGTRIP reserves the right not to register or interrupt collaborations in the event of detecting content that violates the law, to those who spam , even if said spam is not related to LOGTRIP, and to those who do not respect the terms of these particular conditions of contracting and the Conditions of Use of this website.

The request has been definitively accepted when the Activity Provider receives a written confirmation of acceptance from LOGTRIP. In the event of non-acceptance of registration, LOGTRIP undertakes to explain the reasons to the Activity Provider by email, in order to promote the correction of errors, if any.

By virtue of the regulations governing distance contracting carried out by telephone, electronic or telematic means, this contract is valid and is understood to be signed by the Activity Provider when requesting its registration as a LOGTRIP Activity Provider.

Regarding the above, and given that LOGTRIP acts as an intermediary in providing services to the specific procurement of services by users with the Provider Activities will apply for activities provider obligations and requirements established by the Law 7/1996, of January 15, on the Regulation of Retail Trade (LCM) , by Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE) , by the Real Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Customers and / or users and other complementary laws (TRLGDCU) , by Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Customers and / or users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16 (LGDCU ) , by Law 7/2017, of 2 d e November, which incorporates into the Spanish legal system Directive 2013/11 / EU, of the European Parliament and of the Council, of May 21, 2013, on the alternative resolution of consumer disputes (ADR LAW ) and by Regulation (EU) 2018/302 of the European Parliament and of the Council, of February 28, 2018, on measures to prevent unjustified geo-blocking and other forms of discrimination based on nationality, place of residence or place establishment of clients and / or clients and / or users in the internal market and amending Regulations (EC) No. 2006/2004 and (EU) 2017/2394, and Directive 2009/22 / EC (REGULATION (EU) 2018/302 ANTI-GEOBLOCKING) , as well as by the European regulations for the transposition of contracts concluded at a distance and contracts concluded outside commercial establishments.

1. 3 .- Contractual relationship between the Users and the Activity Provider that promotes and organizes the activity reserved by the User through this website

The information that the User finds on this website is that provided to LOGTRIP by the Activity Provider in the offer of its services.

The Provider is Activities take responsibility to keep updated, by communicating with LOGTRIP, prices, discounts, availability, company description , description of activities, advice, material needed, titles of activities and any other data provide to this website for the promotion of their services.

The User must know the specific Special Conditions of each activity that, where appropriate, determine and state the Provider of Activities available to the User in the detailed information of each activity. Said information must be included in the offer of the activity before formalizing the reservation, being accepted as contractual information that links the User with the Activity Provider from the moment the reservation is made through this website, being recorded in the confirmation of the reservation and being binding on the service contracted with the Activity Provider.

As an intermediary in the direct contracting between User and Activity Provider, LOGTRIP does not verify, is not responsible, nor does it guarantee that all the information provided by the Activity Provider in the offer and / or promotion of the services included in the Provider's listings of Activities through this website is exact, complete or correct.

LOGTRIP does not guarantee or take responsibility for the legality or suitability of the activity offered by the Activity Provider, nor for possible errors (manifest and / or typographical), interruptions (due to temporary and / or partial server outages or repairs, updates and maintenance of the Activity Provider website, inaccurate, misleading or false information, or lack of information.

The Activity Provider is responsible at all times for the precision, accuracy and correctness of the information (both descriptive and referring to prices and availability) that appears in the offer of services on this website, which will be consistent with the information that the User in the confirmation of your reservation.

It is the responsibility of the Activity Provider to establish the instructions and Particular Conditions for each activity in the detailed information of each specific activity offer.

In particular, regarding schedules, possible cancellations, modifications, where appropriate, or refunds, expiration of the reservation, activities for children or not, vaccinations, etc. In particular, the Activity Provider declares to know and consent that:

  • LOGTRIP has no control over the availability and assignment of seats in any type of transport.
  • LOGTRIP has no control over any information related to the duration of activities or transfers. In the event that in any activity the Activity Provider includes in its offer in LOGTRIP some type of information in this regard, it will be considered included for guidance purposes and subject to modifications until its specific reservation and confirmation, except for the changes that the Activity Provider foresees. and communicate directly to the User after the reservation under special circumstances or major cause.
  • It is the responsibility of the Activity Provider to inform the User of the obligation to, where appropriate, make the confirmations required for each activity to carry out the activity and in the manner indicated in the Particular Conditions of the activity.
  • Both in the contracting of specific activities and in the offer of another type of trip, the Activity Provider that offers the activity is responsible towards the User for compliance with all the specific regulations, as well as guaranteeing the rights of the consumer.

In case of contradiction between the reservation confirmation and the general contracting conditions of the Users available on this website, the provisions of the reservation confirmation will be applicable to the obligation that is questioned, in such a way that the Activity Provider will be responsible for integrate the maximum and more detailed information that applies to each activity for inclusion in the reservation confirmation.

1. 4 .- Rights of Intellectual Property

The parties are responsible for all the contents of their activities in LOGTRIP and undertake to act in accordance with the provisions of current legislation at all times.

The Parties agree that the collaboration that this agreement implies does not imply in any case the transfer of any intellectual property right that will correspond, solely and exclusively, to their respective owners.

The Activity Provider guarantees that it has all property and image rights over the documents (texts, photos, trademarks and logos) provided to LOGTRIP to offer its activity or that it is authorized to assign them for use by LOGTRIP or that they are royalty free.

At the time of insertion of the content on the Website, the Activity Provider expressly authorizes LOGTRIP to be able to use and disseminate said content on any of the websites or social networks in which LOGTRIP has a presence or manages.

Likewise, the Activity Provider releases LOGTRIP from any responsibility for the use of said documents for use on the LOGTRIP website or in any other communication or promotional medium.

In the event of a claim of rights by a third party, the Activity Provider undertakes to protect LOGTRIP and to bear all the corresponding expenses.

2.- OBLIGATIONS RELATING TO TRANSACTIONS CARRIED OUT THROUGH THE INTERMEDIATION OF THE PLATFORM

2.1.- General obligations

Only any natural and / or legal person who has requested registration on the website and who has obtained the condition in the opinion of LOGTRIP as an activity provider can be an activity provider through the intermediation of the Service , acting directly or through another person on their behalf or following their instructions, with a purpose related to their commercial, business, trade or profession, and thus the Provider of activities must be identified with the user .

The Activity Provider undertakes to respect the applicable legislation regarding the exercise of a commercial activity, registered as self-employed or registered in the corresponding Mercantile Registry, as the case may be, as well as compliance with its accounting, tax , and labor obligations  and matters of personal data protection.

The Activity Provider also undertakes to respect the laws and regulations that concern him in his capacity as a professional, especially with respect to the plans he offers through the Web and declares that he is aware of the consumer regulations that concern him. and responsible for its compliance.

On the other hand, the Activity Provider is expressly prohibited from promoting directly or indirectly, in any way (especially by inserting hypertext links), advertising messages in the description of the plans.

The Activity Provider undertakes to put all the means to optimally fulfill its Obligations by providing a quality Service to users .

Above all, it undertakes to respond to emails from LOGTRIP's Customer Service, as well as to users within 48 working hours from receipt.

The Provider activities once registered on the Web, to be able to offer the sale of its plans or hiring their services over the Internet should necessarily provide the following information:

  • Your identity (name and full address).
  • Essential characteristics of the service , complete final price, including the corresponding taxes or fees, itemizing increases and discounts, if applicable.
  • Procedures for payment, execution of the service and treatment of claims.
  • Existence of a right of withdrawal, when appropriate.
  • Once the contract is accepted, the activity provider must confirm it to the consumer user within a period of no more than 24 hours.

2.2.- Obligations regarding the offers of activity plans on the platform

The Activity Provider undertakes and guarantees that it will only offer plans that it owns or has the rights that allow it to sell them. It guarantees that it does not violate in any respect the laws, regulations in force and applicable standards, and that it does not violate the rights of third parties.

The activities provider is solely responsible for the disposal of plans that offer on the platform .

In the description associated with the plan offers proposed by the Web, the Activity Provider undertakes to act in good faith. It is solely responsible for the accuracy of the data that appears and undertakes not to mislead potential users , both regarding the characteristics of the plan.

The Activity Provider also undertakes that the illustrations provided in the description associated with the plan offers it proposes (photography, drawing, etc.) conform to the plans thus illustrated and respect the rights of third parties. The Activity Provider guarantees LOGTRIP that, where applicable, it has the rights, particularly intellectual property, corresponding to these illustrations, which allow it to use them to present the plans .

2.3.- Obligations related to the price of the Plans

The sale price of the plans is freely defined by the Activity Provider , respecting the laws and regulations in force. This price must be shown on the Web with all taxes and fees included .

2.4.- Obligations related to the availability of the plans

The sales contracts of the plans proposed by the Activity Provider on the Web are concluded between the Activity Provider and the user under the condition that the plan is available. The Activity Provider undertakes to offer only available plans on the Web and to remove from the Web, without delay, any offer that refers to plans that are no longer available.

The Activity Provider recognizes and assumes its exclusive responsibility derived from both the sale itself and the plans sold, being solely responsible for this against the user or any other third party.

2.5.- Obligations relating to disputes relating to the plans

Overall, the activities provider undertakes to, in good faith, all necessary means to fulfill its or BLIGATIONS providing quality service to users .

In the event of a complaint from a user regarding a plan , the Activity Provider must personally deal with the resolution of the user's complaint .

Disputes are resolved directly between the user and the Activity Provider . The Activity Provider shall make every effort to resolve said dispute amicably.

If the user's complaint turns out to be well founded, the Activity Provider will proceed to reimburse it.

2.6. - Promotion of LOGTRIP by the Activity Provider

The Activity Provider is free to promote the LOGTRIP website, but if it does so, it undertakes to promote our website only through a text link or a banner on its website, in no case through email, groups news, or any other means that involves commercial or advertising communications.

The Activity Provider must not appropriate, modify or use the LOGTRIP logos in any way other than that established by these particular Conditions of the Collaboration Agreement, nor in a way that could give rise to identity confusion

If the Activity Provider does not meet these requirements, it will be immediately terminated as an Activity Provider and will lose the right to make offers of its services from now on.

The Activity Provider undertakes to:

  • Do not spam (sending unsolicited commercial advertising by email or any other means that is onerous or not expressly consented to by the recipient of the advertising), even if said spam is not related to LOGTRIP.
  • Respect the legal rights of third parties.
  • That the contents of their registered websites do not violate current legislation.
  • Do not link to websites or other resources of an illegal nature or whose contents are of an illegal nature or are against the terms of this Collaboration Agreement.

2.7 .- Quality of service delivery activity offered through LOGTRIP

The provision of the service of each activity must be in accordance with the detailed description and information provided to LOGTRIP and, therefore, to the Users at the time of including the offer of the activity, except for anything that is not expressly provided for, it will be more advantageous for the User.

In the event of an error in the provision of the activity service proposed by the Activity Provider, which is more advantageous for the User, the Activity Provider must respect said proposed information and provide the service to the User in the same way as indicated in the proposed information.

The Activity Provider undertakes to guarantee, under the same conditions as other clients, the provision of the activity as defined in the proposed information and to take all measures at its disposal to satisfy the Users, as well as to resolve all inconveniences, problems or disputes that could arise or derive from the provision of the service of the reserved activity.

2.8 .- Address claims from Users

In the event that LOGTRIP receives complaints from Users due to the breach of the Activity Provider of the conditions of the offer, of the general contracting conditions for Users or of these conditions of sale in any of its clauses, LOGTRIP will put itself in Contact the Activity Provider to verify the veracity of said claim.

If it is correct, LOGTRIP will have the right to take the measures it deems appropriate so that this type of situation does not recur. In the event of receiving more than two complaints from users, LOGTRIP reserves the right to apply a penalty equivalent to the commission agreed for the provision that is the object of said breach by the Activity Provider. This penalty will be billed and will be deducted from pending payments.

2 . 9 .- Business involvement of the Activity Provider and its staff

The Activity Provider undertakes to inform all its staff of the existence of each activity offer made through LOGTRIP , especially its period of validity, its mode of implementation and its adequacy with the level of provision determined by the Provider of activities in the information of the details and conditions of each activity.

Neither the users nor LOGTRIP should in any case be affected by the lack of information from a member of the Activity Provider's staff . LOGTRIP reserves the right to carry out tests to verify the correct application of this agreement. The Activity Provider will be responsible for the damages caused to LOGTRIP and / or the users due to the breach of this agreement.

2 . 10.- Authorizations, licenses and insurance

The Activity Provider declares under its absolute responsibility that it is legally enabled to provide the activities offered on the website , as well as that it has all the authorizations and licenses necessary for the development of the activities offered through LOGTRIP and, in where appropriate, the qualifications and special authorizations that are required for each activity.

The Activity Provider declares that for the provision of the activities offered through LOGTRIP it has qualified and sufficient personnel, to comply with all legal requirements and to take at all times all the necessary precautions for the safety and health of those who book each activity offered.

The Activity Provider undertakes to have professional / business liability insurance, as well as all compulsory or necessary insurance in accordance with the regulations governing each of the activities offered through LOGTRIP .

Likewise, the Activity Provider declares that it has all the financial guarantees that are legally required to cover all types of damages derived from the provision of the services of each activity offered through LOGTRIP .

The Activity Provider undertakes to provide LOGTRIP with any valid certificate that certifies any of the aforementioned points, as well as to keep the licenses, authorizations and insurance in force during the term of the agreement and execution of each activity offered through LOGTRIP .

The Activity Provider undertakes, where appropriate, to inform LOGTRIP of any significant change in its situation regarding authorizations, licenses, insurance and the development of its activity within a period of seven days following said change.

LOGTRIP , in its capacity as intermediary, cannot in any case be held liable for possible damages caused by the Activity Provider to the user or by the user to the Activity Provider , among others related to safety, health or civil liability in accident case.

The Activity Provider is solely responsible for the proper execution of the provision of services for each activity offered through LOGTRIP and undertakes to hold LOGTRIP harmless against any claim for compensation from a user who may suffer any type of damage during the provision of services for each activity offered through LOGTRIP by the Activity Provider .

2.11 .- Disclaimer

The Activity Provider exonerates LOGTRIP from any liability, claim, complaint, etc., that LOGTRIP may receive as a result of the activity plans announced and / or sold by the Activity Provider .

For this reason, LOGTRIP will not be responsible, nor will it respond, for any reason for the plans , prices, actions, etc. from the Activity Provider .

In the event that any sanction is imposed on LOGTRIP or any amount is required of it for these reasons, the Activity Provider undertakes to face the same or to refund to LOGTRIP the amounts that it may have paid for said reason.

GENERAL PURCHASE CONDITIONS

1.- GENERALITIES

1.1.- Object

The purpose of these General Purchase Conditions is to define the Conditions in which LOGTRIP makes the intermediation platform available to users , which is made up of a set of tools that allow users to register on the Web, get in touch with Providers activities for reservations of business plans , enjoy them and communicate with them.

An evaluation system is also integrated that allows the user to evaluate the quality of their dealings with Activity Providers .

The transactions carried out via the Service for the needs of the plan reservations are processed directly between the user and the Activity Provider .

LOGTRIP is in no case a Provider of activities of the plans proposed by the Providers of activities , through the intermediation of the Service.

1.2.- Access to the service

To use the Service, the user must accept these General Conditions of Purchase, without restriction or reservation. This acceptance is specified by a validation click during your registration in the Service. Sales made through the intermediation of the Service between users and Activity Providers are governed by the General Conditions of Sale of the Service, which must also be accepted by the user during each purchase. These complete the current General Purchase Conditions.

The sale and purchase of the activity plans is carried out directly and only between the consumer user and the Activity Provider , so the contract is only concluded between them. LOGTRIP is limited to offering this website and acts merely as an intermediary.

LOGTRIP therefore does not act on behalf of the Activity Providers or the users and, consequently, does not assume any responsibility in relation to the obligations that correspond to them or the actions they carry out, although LOGTRIP will try to, as far as possible, find a solution acceptable to the parties and ensure any right that the consumer may have by legal provision, thus provided.

1.3.- Obligations of the users

The user undertakes to make diligent use of the Web and the services accessible from it, in full compliance with the Law, good customs and these Conditions of Use and, where appropriate, particular conditions, as well as maintaining due respect to other users and Activity Providers .

The user must assume the following obligations in the use of the Web:

  • provide accurate, current, true and complete information and data during the registration process or at any time when the original data is modified;
  • safeguard and maintain the password in security conditions, preventing any third party from using or knowing the password;
  • immediately communicate any unauthorized use, loss of the password or any other irregularity, even potential or possible, that could be known or at least object of suspicion by user ;
  • strictly follow the instructions provided on the website for the purchase processes; Y
  • facilitate and communicate to LOGTRIP any change in the information or personal data of the user that may be relevant, especially, for the reservation of plans.

1.4.- Generic prohibitions

As an essential and inexcusable condition to maintain your status as a user , you assume the obligation not to carry out the following behaviors : 

  • access, manipulate or use any area of ​​the Web that does not have a public nature and / or vocation;
  • try to probe, investigate, analyze, explore or test the vulnerability of the Web, of the payment gateways or of any system or network related to it, or to break any barrier or security or authentication measure related to the Web or with the worthy systems or networks;
  • try to decipher, decompile, disassemble or reverse any software engineering used to provide the services of the Website;
  • damage or generate a threat of damage to the system, other users , the "host" or the network, manipulate or attempt to manipulate the access of any user in any way, including, without limitation and never exhaustive, the realization of such purposes by sending viruses, overloading, overflowing or mass sending of "junk mail" ( spam ) or "mail bomb" to the Service; or
  • imitate or falsify the affiliation of the user himself or of any other by using the identity of another person and / or entity.

2.- PROCESS OF PURCHASE, WITHDRAWAL, REFUND AND CLAIMS 

2.1.- Purchase process

Once you have your user account , you can make reservations for the activity plans offered simply through a Sign In process , that is, by entering your username and password.

a) Plan reserve

The acquisition of the business plan by the registered user is made by selecting for his part of the corresponding plan you want to book .

A reserved time, the provider of activities accepted that reservation and an email sent mail to the consumer user to proceed to payment .

b) Payment process through Stripe

To proceed with the payment of your reservation , the user will have the option to continue the purchase process, using the secure electronic payment gateway Stripe Connect in which you can make the payment of your reservation safely, with the security measures that Stripe applies .

At the time of booking the activity, the LOGTRIP payment gateway will ask the user for the credit / debit card number, name of the holder, expiration date and the CVV security code to make the payment with a charge to the user's bank account associated with the card through the electronic payment gateway Stripe .

The payment of the price of the activity plans can be made by credit or debit card Visa, Mastercard , American Express, Visa Electron and / or other similar cards.

The card with which the payment is made must have as its issuing financial institution a Spanish bank or savings bank or a branch or subsidiary financial institution of a foreign financial institution established in Spain. Once the purchase process is completed in accordance with the instructions contained in the payment gateway, the reservation will be understood to have been made.

Once the transaction is authorized, the payment gateway informs both the user and LOGTRIP of the result of the operation.

As soon as the bank confirmation is received, LOGTRIP sends the user an email confirming the reservation and including detailed information on the activity reservation made. The amount of the price of the reserved activity is charged to the user's account .

As soon as the payment is processed, the user can check the status of their reservation in their user area of ​​the website and the provider is notified by email indicating that the reservation has been paid .

It is the provider of activities which issues an invoice to the user , issuing LOGTRIP an invoice to the vendor activity as commission for the Services will telematics intermediation performed.

LOGTRIP does not have access to the card data, only the reservation and its amount, and STRIPE exclusively to the card information and not the reservation.

Payment data (passwords, card data or information that can be used to access bank accounts) are encrypted at all times and are never stored, known, or processed by LOGTRIP , with the user's bank entity in charge of both the effectiveness of payment as well as of the processing of said data and its protection.

It is reported to the user that payment through gateways electronic payment processed by third parties, subject to contractual terms and conditions governing the use of the services of such third parties and practices of collecting personal information from such third parties. It is advisable to review these terms and their privacy policy, before using the services.

In the event that, due to any unforeseeable incident, LOGTRIP does not confirm to the Activity Provider the payment of the price of the reserved activity, the Activity Provider may only claim from LOGTRIP the payment correctly verified by the user upon receipt of the confirmation by the latter.

The reserved activity service will be understood to be contracted, as long as an activity reservation has been made by the user through this website through the online payment of the contracted service (positive charge of 100% of the reservation on the consumer user's card ).

The contract thus subscribed between the user and LOGTRIP , and between the user and the Activity Provider, will enter into force at the time that LOGTRIP sends, to the email address provided by the user , a confirmation email of the reservation with the detailed information of the same, also sending an email to the Provider of activities that offers the activity reserved by the user .

Once the payment has been made, the user will be released from their obligation to pay to the Activity Providers , with LOGTRIP being responsible for settling in favor of each of the Activity Providers the amounts that correspond to them for the purchase made by the user and taking this the right to seek reimbursement in cases provided in these Terms of Use and applicable law.

2.2.- Billing by the Provider of activities of reserved, executed and collected activities

The confirmation of the reservation issued by LOGTRIP to the user and sent by email is a decisive purchase receipt of the contractual characteristics of the same with the Activity Provider .

In this way the invoice will always be issued by the Activity Provider once the activity has been carried out, and will send it to the email provided by the user .

2.3.- Taxes

2.3.1.- Taxes to be settled by the Activity Provider to the user

The activities provider is responsible for liquidating the user on the price determined for the offered activity and declare to the competent authorities, taxes (including, where appropriate, VAT) applied to payments received from the user s for the activities carried out booked through this website.

2.3 .2.- Taxes to be settled and declared for the consideration agreed in these conditions as commission for LOGTRIP

The LOGTRIP commission will be governed by the basic rule regarding the place of provision of services in accordance with Spanish Law.

If the Activity Provider has a permanent establishment or tax headquarters in Spain, it will be applied to the amount of the commission to settle the standard VAT rate (currently 21%).

2.3.3. - Billing of the LOGTRIP commission

LOGTRIP will issue the invoice for the commission accrued once the activity has been carried out and will send it in. pdf to the email of the activities provider with billing data indicated by the Provider activities in your profile.

It will not be possible to modify an invoice after issuing it.

If the Activity Provider adds a verified VAT-NIF to his Account in his billing information, it will be included in all VAT invoices created later for subsequent provision of services through LOGTRIP .

2.4.- Fraudulent operations, receipt and billing.

LOGTRIP undertakes not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them.

In order to have maximum control over fraudulent operations, LOGTRIP reserves the right to request information, confirmations and / or additional documents from the Activity Providers , even after having made one or more reservations through the Web, with the purpose to confirm that the user has actually made certain reservations . LOGTRIP also reserves the right to carry out various checks on the identity of the user .

If any improper charge is made to your credit card, the user must immediately notify LOGTRIP , through the "Contact" section, in order for LOGTRIP to carry out the relevant investigation and adopt the appropriate measures based on each case.

The proof of each purchase will be available and can be viewed in the user's account .

The user who wishes to receive an invoice for the purchase made by the Activity Provider must request it from the Activity Provider directly.

2.5.- Withdrawal and refund

LOGTRIP , to not being this the Provider activities of plans acquired by this means, no you will apply the Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Act is approved for Protection of Consumers and Users and other complementary laws (TRLGDCU) nor the Law 3/2014, of 27 March, approving the revised text of the General Law amending for the defense of Consumers and Users and other laws complementary, approved by Royal Legislative Decree 1/2007, of November 16 (LGDCU ) .

The conditions and return costs are available in the Particular Booking Conditions of each plan and may be different depending on each Activity Provider . For this reason, it is important that the user carefully examine the return conditions before making the reservation .

The Activity Provider is solely responsible for guaranteeing the correct exercise of the users' right of withdrawal, although LOGTRIP will try, as far as possible, to find a solution acceptable to the parties and will ensure any right that the consumer may have by legal provision. , if planned. 

In any case, Activity Providers must comply 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 . Therefore, in all cases, the consumer user may exercise their right of withdrawal, for a period of fourteen (14) calendar days from the completion of the reservation .

To exercise the right of withdrawal, the user may do so through their account where they will find the option to process their return.

In this sense, the user must notify the Provider of activities to which they have made the reservation (whose contact information and address can be found on this website and in the purchase confirmation) of their decision to withdraw from the contract, through a statement unambiguous (for example, a letter sent by post, fax or email). The consumer user may use this model of withdrawal form, although its use is not mandatory. To meet the withdrawal period, it is sufficient that the communication regarding the exercise of this right is sent to the Activity Provider before the corresponding period expires .   

The right of withdrawal will not be applicable to contracts that refer to:

a) The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been completely executed by the employer, you will have lost your right of withdrawal.

b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and which may occur during the withdrawal period.

c) The supply of goods made according to the specifications of the consumer and user or clearly personalized.

d) The supply of goods that may deteriorate or expire quickly.

e) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.

f) The supply of goods that after delivery and taking into account their nature have been inseparably mixed with other goods.

g) The supply of alcoholic beverages whose price has been agreed at the time of entering into the sale contract and that cannot be delivered within 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.

h) Contracts in which the consumer and user have specifically requested the employer to visit him to carry out urgent repair or maintenance operations; If, during that visit, the entrepreneur provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal must apply to said additional services or goods .

i) The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.

j) The supply of daily press, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.

k) Contracts entered into through public auctions.

l) The supply of accommodation services for purposes other than serving as 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.

m) The supply of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that they consequently lose their right of withdrawal.

2.6.- Claims against the Activity Provider

The Activity Provider will be solely responsible for the processing of the claim and the after-sales service of the plans that it markets on this Website.

The users and providers of activities undertake not to exchange information on complaint if not through his account of this website.

The user and the Activity Provider will act with due diligence for the correct resolution of the claim.

However, LOGTRIP reserves the right to intervene in arbitration if the Activity Provider does not provide an answer or an acceptable solution to a claim.

2.7.- Claims against LOGTRIP

If you want to make a claim against LOGTRIP by service brokerage that provides , you can do so by directing your complaint / Reclam ation to the SERVICE TO CUSTOMER AND AFTER SALES , by letter addressed to the following address located at Avenida de los Hoyos 16, Bajo D - 28860 Paracuellos de Jarama, Madrid (Spain) , by email  support@logtrip .com or by phone (+34) 670276539

2.8.- Obligations of LOGTRIP

LOGTRIP assumes the following obligations towards the user :

a) protect the personal data provided by the user ; Y

b) establish and update with the diligence of an orderly entrepreneur the control and security systems of the Web, so that, as far as possible and always in accordance with the liability limitations contained in these Conditions of Use, the provision of the service without inconveniences or irregularities.

3.- CANCELLATION AND REFUND POLICY

3.1. Cancellation of booking by the user

The general conditions of contract LOGTRIP with users through this website that the activities provider is obliged to know and comply, contemplate that these conditions are a complementary agreement to the provision of services leisure activities of Providers activities , which foresee a specific date or period of execution and for which, in some cases, a minimum number of participants would be required or minimum costs are planned to be covered, so cancellation of a reservation may be detrimental for the rest of users.

The user is free to cancel the reservation at any time, for this they can access their user area and press a cancel button on the status of that reservation and then confirm the cancellation. If cancellation takes any penalty is reported to the user of the details of such penalty.

The user may cancel a reservation made through LOGTRIP in the conditions of cancellation policies and reimbursement of amounts applicable to each case as the detailed information provided by the Provider activities for each offer.

Said detail of each activity offered by the Activity Provider may indicate a certain cancellation policy due to the particular conditions of the activity in question.

Such specific conditions will always be applicable to cancellation. The ability to LOGTRIP back activity fees and other amounts charged to the account of the user for booking activity will depend on the terms of the cancellation policy applicable to each activity established by each provider activities .

The options provided at the choice of the Activity Providers that offer the activity and depending on it, are the following:

  • Before the days provided by the Activity Provider prior to the development of the activity, no cancellation charge will be applied.
  • After the days provided by the Activity Provider prior to the development of the activity, a 100% cancellation charge will apply.

When a cancellation affects more than one person included in the reservation, the corresponding cancellation charge will be applied to each of the people included in the reservation.

For the user make a date change in activity, once it has entered into term not proceed to refund 100% in case of cancellation, and subsequently cancel the activity within the period for which No cancellation charge is established, the cancellation charge of the previous reservation that you modified will be applicable.

Any cancellation that is not made through LOGTRIP and through the indicated procedure will not be accepted . Specifically it is not considered that the u ser is entitled to cancel your reservation activity if called by phone or should advise otherwise the same day of the activity indicating their inability to attend the contracted activity on time or error performing the reservation, or any other reason expressed on the day of the activity. In such cases there will be no refund.

To cancel a reservation, the User must follow the following steps:

  • Select the reservation you want to cancel.
  • Click on the "Cancel reservation" option, in the Your Reservations section in the User account.
  • Reservations whose start time is less than 24 hours, or that have already been made or are being made at the time the User intends to cancel, cannot be canceled.
  • Confirm the cancellation.
  • The User will receive an email with the confirmed cancellation.

3 .2. Cancellation of an activity by the Activity Provider

It may happen that, on occasion, certain activities offered by Activity Providers are canceled ; for example, as a result of weather conditions, force majeure, activities out of season or if the number of participants necessary to carry out the activity does not meet.

The Activity Provider may communicate the cancellation of an activity for the following reasons:

  • Due to unfavorable weather forecast when it affects the development of the planned activity or involves risk for the Users. Based on the data extracted by a state meteorological source, the Activity Provider will decide and communicate directly to the User at least 24 hours in advance of said circumstance, before which the User may:

 Continue with the activity by decision of the User, in case the weather conditions do not suppose any risk for the User, not reimbursing any amount in the event of final cancellation of the same, regardless of whether the activity has started or not. In the event that weather conditions may pose a risk to the User, the power to start the activity will depend exclusively on the Activity Provider.       

  • Modify the date of the activity.
  • Carry out another similar activity with the same Activity Provider or another in the area.
  • Give up continuing with the activity with the consequent refund of the amount paid.
  • If the minimum number of participants is not reached;
  • For other circumstances due to force majeure.

In the event of not reaching the minimum number of participants and in the event of circumstances due to force majeure, the Activity Provider will notify the User, with a minimum notice of 24 hours, any of the options indicated above , with the possibility of choosing the one that better suit you.

If the Provider activities organized an activity cancel a reservation confirm made through the web LOGTRIP refund the full price of the reserve to the user, in the same way he used to make the booking, within the maximum period of 14 days natural conditions set by law from the cancellation of the reservation.

In case of cancellation of a reservation the user receive an email from LOGTRIP with information on alternative activities.

If the user confirms the reservation of one of the alternatives proposed activities and activity confirmed to have a higher price, the user must accept the payment of the difference of the total price of the confirmed booking activity chosen alternative , according to these Terms. Conversely, if the price is lower, LOGTRIP paid to the user difference.

4.- RESPONSIBILITIES: LIMITATIONS AND EXEMPTIONS.

The user is informed of the following limitations and exemptions with the Activity Provider :

4.1.- Limitation of the Provider of activities .

Unless expressly provided otherwise in the General Conditions of Sale, the responsibility of the Activity Provider in relation to any plan offered will be limited to the price indicated for the reservation of said plan or service, except in those cases in which for legal imperative does not proceed such limitation.

Notwithstanding the provisions of the preceding paragraph, insofar as it is legally permitted, and unless otherwise provided in these General Conditions of Sale, the Activity Provider will not accept any responsibility for the following losses, regardless of its origin:

  • Loss of income or sales.
  • Loss of business.
  • Loss of profits or loss of contracts.

4.2.- Events beyond our control

LOGTRIP and activity providers will not be n responsible s for any failure or delay in performance of any of its obligations under the General Conditions of Sale, which is due to events beyond its reasonable control (the "causes of Force Higher"). The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond the reasonable control of LOGTRIP and the Activity Provider and, among others, the following:

 I. Strikes, lockouts or other protest measures.

II. Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.

III. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster.

IV. Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.

V. Impossibility of using public or private telecommunications systems.

SAW. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It will be understood that the obligations will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.