This site belongs to Mandala Tours, S.L., with registered office at C/ Faisán 18, 3ºE, Granada and N.I.F. B51037471, with travel agency license C.I.AN-187782-3, a company dedicated to tourist information, travel guides and the organization of trips and leisure plans.
The services offered on this page are intended for consumption, so the contract is perfected at the time the customer makes the payment for the trip. For this reason, the company that owns the site recommends the full reading of the legal notice and these general conditions before concluding the contract. These General Conditions constitute a contractual framework between our company and the User, and shall only be superseded by the Special Conditions included in the service sheets of the web catalog and in the package travel contract.
Contracts are carried out within the legal framework established for Electronic Commerce by Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 of April 13, 1998, on general contracting conditions, and Royal Legislative Decree 1/2007 of November 16, 2007, approving the revised text of the General Law for the Defense of Consumers and Users.
This Web site is available free of charge to all Users (hereinafter, the User), subject to these general terms and conditions. When the User browses and/or performs any action on the website, he/she accepts these terms and conditions. Although this website is free to browse, in no case shall it be liable for any mobile data consumption costs incurred by the User when using it if he/she is not connected to WiFi.
This website is solely and exclusively for the User’s personal use. Its modification, reproduction, duplication, copying, distribution, sale, resale and other forms of exploitation for commercial or equivalent purposes are prohibited.
These conditions are written in Spanish in their original version, so if the User accesses any translation into another language whose interpretation is discrepant, the Spanish version will prevail.
The User agrees to use the services and contents of this website in accordance with the Law and the general and specific terms and conditions of the services offered at all times, and must refrain from using them for:
Limitation of liability
Mandala Tours will use all reasonable efforts within its control and management capacity to ensure and maintain adequate availability of the website at all times for its Users. However, the availability and proper functioning of the website may be impaired, slowed or made impossible due to uncontrollable factors beyond the responsibility of Mandala ToursThe User is not responsible for the use of the information contained in this website, factors such as, but not limited to, the operation of the search engines of third party providers with which it links to integrate its products or services in their catalogs, cache incidents or the quality of the User’s own Internet connection.
Our company reserves the right to modify, replace, delete, add, at any time, any information contained on its website.
Mandala Tours reserves the right to integrate advertising on the website. It also states that it has no control over the programming, content and legality of such advertising, and that the provider of the services being advertised is solely responsible.
Mandala Tours also reserves the right to temporarily interrupt the service without prejudice to orders already placed.
Mandala Tours will be responsible for the correct functioning of the website and the platform within its scope and control capacity in relation to the specific incident and for its individual intervention in the development and maintenance of the module from which the incident has arisen, taking into account that certain functionalities of the platform are partially supported by other technological partners of Mandala Tours
Mandala Tours shall not be liable for any possible damages that the User may suffer when using this website or the platform, such as temporary interruptions, manipulations, viruses or any other harmful element, inconvenience or incident of any kind, confirming that Mandala Tours has taken and applies all necessary safety measures for the development of its activity.
Industrial and intellectual property
All the contents of the website and the platform of the Mandala Toursincluding content, trademarks, graphics, logos, logos, icons, buttons, images and software, as well as the selection, compilation, arrangement, programming, design and assembly of all website and platform content are owned by Mandala ToursThe company, its suppliers and its technological partners are protected by national and international industrial and intellectual property laws.
Any use of the content or photographs on the website and platform, including the reproduction, modification, distribution, transmission, further publication, display or representation in whole or in part without express consent of Mandala Tours The company, its suppliers or its technological partners, with respect to the elements whose property they hold.
These Terms and Conditions are effective as of February 5, 2018. Mandala Tours may modify or update these terms and conditions at any time, without prior notice, without affecting the hires made under the validity of previous versions. The current version of the same will be displayed on the website from the date on which such changes come into force. Mandala Tours recommends Users to read these terms and conditions before browsing, booking or contracting through the website.
It is the User’s responsibility to print or save a copy of these General Conditions on a durable medium for consultation prior to contracting and to keep them after contracting, without prejudice to their being sent by e-mail after contracting on line.
If any clause included in these general conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the general conditions shall subsist in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been included.
In this case, the invalid clause shall be replaced by a new one in accordance with the law in force, with a wording and spirit as close as possible to the clause that had become inapplicable.
The User declares that he/she is of legal age and has the necessary legal capacity to contract the services offered on the website, in accordance with the conditions below, which he/she declares to understand and accept.
In the case of services contracted by minors, the authorization of the parents or guardians is required to be able to contract and enjoy the contracted service. The User is solely responsible for the truthfulness and accuracy of the data provided to Mandala Tours in the booking process. Children under 18 years of age must be accompanied by their parent(s) and/or guardian(s) during the entire trip. Otherwise, the trip reservation will not be accepted.
Before formalizing a reservation or contracting through the web site owned by Mandala ToursThe User shall be obliged to accept, by ticking a box, these terms and conditions, and any other terms and conditions that affect the management of the services offered, such as general contracting conditions or information related to the same.
The User is fully and clearly informed of the contractual conditions affecting the services prior to contracting, especially the conditions of cancellation of reservations and the right of withdrawal. If you have any doubts about the information available on the website, you can contact Mandala Tours before contracting at the telephone number and email address listed on this site.
These conditions relating to package travel apply, according to the applicable regulations, provided that our customer contracts in combination transportation services, accommodation or other tourist service that constitutes a significant part of the trip under a global price when the provision of all services exceeds 24 hours or includes an overnight stay.
The following General Conditions may be modified by the Special Conditions contained in the specific itinerary of each trip and in the package travel contract, which they complement in a subsidiary manner.
1.- Purchase process.
1.1.- Trips published on the web.
At Mandala Tours we offer trips that integrate services such as transportation, guides, accommodation, catering, and much more. These are unique experiences, designed by us, in which the traveler can discover the destination in the most authentic way and with full and rigorous respect for the local culture. Our collaborators will accompany the traveler in the experience.
Mandala Tours reserves the right to change services or prices described in our online travel catalog or any other means without affecting reservations already made. The prices of our trips offered on the web fluctuate with the passage of time because they integrate services whose prices increase as the date of the beginning of the trip approaches. Therefore, it is possible that several travelers on the same trip may pay different amounts for it. However, each of them will always make a payment equal to the amount offered and under which the reservation was made, without being required to pay any compensation for such fluctuations inherent to the tourist services except as provided in section 4.3 of this section “Contracting a Package Travel”.
In the event that, once the trip is booked and before departure, Mandala Tours is forced to significantly modify any essential element of the contract, it must immediately inform the consumer and user.
In such an event, the customer may choose between terminating the contract without penalty or accepting the alternative travel proposal. If you wish to terminate the contract, Mandala Tours will refund the amounts paid to the customer. The customer must inform Mandala Tours within three days of being notified of the modification of the trip. In the event that the customer does not notify his decision in the terms indicated, it will be understood that he chooses to terminate the contract without penalty.
1.2.- Tailor-made trips. In the event that the client requests a tailor-made trip, he/she will provide information about the desired trip to Mandala Tours through the web form, after which a quote will be sent to the e-mail address provided. This budget will be calculated based on the requirements and characteristics of the trip desired by the client. Mandala Tours will accept the client’s requests and contributions in order to organize the perfect trip.
Finally, once the services offered to the client have been accepted, he/she will receive an informative email with the final program/itinerary, the price of the trip, a link to make the payment through the virtual POS and the package travel contract. In addition, information will be provided on optional travel insurance.
The prices of tourism services change, almost daily, in the digital market. In the case of tailor-made trips, the client is informed that the travel details contained in the first offer sent to him/her are subject to change as the confirmation depends on the individual acceptance of each one of them, and expressly accepts it, this under Article 153 of RDL 1/2007, the initial offer not being binding insofar as the agency’s ability to confirm the services depends on the client’s acceptance. Once these are confirmed by the customer, Mandala Tours will proceed to confirm them to the final suppliers, trying to obtain them in the same conditions as those offered to the customer.
1.3.-Thepackage travel contract will be formalized in the case of tailor-made trips by means of e-mail exchange, the User expressly accepting this means as a channel of communication with Mandala Tours. The customer must read, sign and return the signed contract, or if it is impossible to scan it, reply to the e-mail in which it was sent expressly accepting its contents. Only upon receipt by the agency of the User’s express acceptance, the reservation will be understood to be formalized.
1.4- The User is responsible for providing his/her data correctly in the contracting processes established in the web page, or by e-mail, and the User must at all times provide all identification data correctly and as they appear in the ID card or passport.
The User will be responsible, in any case, for the veracity of the data provided and will be responsible for communicating to Mandala Tours The agency reserves the right to exclude from the registered services to any user who has provided false information, without prejudice to other actions that may apply in law.
The lack of truthfulness and / or accuracy, whether voluntary or involuntary, in the data that the customer communicates to Mandala Tours will be the sole responsibility of this, as well as all subsequent consequences for the booking of tickets, insurance or processing of visas that are generated.
2. Persons with reduced mobility and health circumstances
Persons with reduced mobility, before proceeding with the reservation request, must inform the agency of such situation, in order to assess the possibility and feasibility of contracting and enjoying the trip according to its characteristics.
In accordance with the provisions of EC Regulation 1107/2006, a person with reduced mobility means any person whose mobility to participate in the trip is reduced for reasons of physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation requires appropriate attention and adaptation to their particular needs of the service made available to other participants in the trip.
Especially in the case of allergies, including travel accommodation and catering services, the user will be responsible for warning the agency so that it can bring it to the attention of the establishments providing the services, to provide the User with maximum guarantees for their welfare.
3. Confirmation of reservation
The perfection of the package travel contract occurs with the acceptance of the conditions by the User, either on the predefined trip offered, by checking the acceptance box, or with the acceptance of the conditions of the tailor-made trips via e-mail. From that moment on, the package travel contract is binding on both parties.
By formalizing the reservation, the client has read and understood all the clauses of these General Terms and Conditions, the particulars of the trip and the package travel contract, the itinerary, and other non-binding documentation made available to him/her.
The customer shall give his consent under the terms described in these General Terms and Conditions.
Every time Mandala Tours If a reservation is received, an e-mail confirmation of receipt will be sent within 48 hours of receipt, except in the case of a reservation received on holidays or weekends, when confirmation will be sent the next business day after receipt.
The change of the reservation of one trip for another will only be possible by agreement of the parties with the express written approval of Mandala Tours.
4. Price and Payment of the price
4.1.In the section “The price includes” of each travel offer will be detailed all the services included in the same per person, being, as a general rule:
Any other additional service will be specified both in the “INCLUDES” section of the web offers and in the itinerary that will be attached in the e-mail reply to the request for information.
Any service not expressly included in the “Price includes” section of the offer, or not specifically detailed in the program/offer, shall be excluded from the price of the trip. Among the excluded services, by way of example but not limited to, are:
– Excursions contracted by the Client on his/her own, before or during the trip. It does not include, expressly, the excursions offered in the accommodations, regardless of whether they are included in the Mandala Tours program. Mandala Tours is not responsible for possible damages or negligence caused by service providers that the traveler or the group hires directly at the destination and that are not specified in the “Price includes” section of the itinerary.
– Services and consumables that the Client contracts in the establishments where he/she stays or visits and are not detailed in the “Accommodation” or “Other Services” section of the program, such as coffees, wines, liquors, mineral waters, special diets (not even in the case of full board or half board, unless expressly agreed otherwise in the contract), and the optional services of the hotel, hostel or inn, as well as extra nights of accommodation that the user may wish to contract.
– Fees/tips/credit memos that the client has to pay directly to the suppliers.
– The price of any additional cancellation and assistance insurance that the traveler may wish to purchase.
– Costs of obtaining visas, passports, authorizations, vaccination certificates…
– Internal flights, car rental, transfers, …
If after the confirmation of the reservation new local or destination legal provisions come into force that impose on the Customer the payment of any additional fee/tip/credit, Mandala Tours will inform the Customer as soon as it becomes known, being in any case the Customer’s responsibility for its payment.
4.3. The prices of the trips offered on our website, as well as the price provided to the client in the case of tailor-made trips, may be revised, both upwards and downwards, when the price of transport, fuel, taxes and fees related to certain services related to the organized trip and the exchange rates applied to the trip vary.
These revisions shall be notified to the consumer, in writing or by any other means that provides a record of the communication made, being able, when the modification made is significant, to withdraw from the trip, without penalty, or to accept the modification of the contract. In no case shall it be revised upwards in the twenty days prior to the departure date of the trip, with respect to requests already made.
4.4. The prices shown on this website, as well as those provided to the user, when the trip is tailor-made, include the corresponding VAT. In all cases they will be expressed in Euro currency (€).
4.5. In case of non-payment of the amounts that in each case may be outstanding after each of the due dates of the established payment schedule, Mandala Tours reserves the right to cancel the reservation.
4.6 Means of payment
Payments for Mandala Tours services will be made by bank transfer, PayPal or by debit or credit card through the secure payment gateway.
Payments made by wire transfer in connection with catalog or tailor-made travel shall be a sine qua non condition for the provision of services. Our administration department will send an informative email to the User once each payment has been verified.
Payments made through PayPal will be subject to the conditions of such gateway, which the User, holder of a PayPal account, can consult before placing the order
Payment can also be made through virtual POS with VISA credit/debit cards, MasterCard debit/credit/prepaid cards through Secure Payment. The customer will receive by e-mail a link to access the Secure Payment gateway, where he/she will have to enter his/her credit card information directly into the bank’s interface, together with the reservation number. When making the payment through the gateway, the transaction will be authorized through the authentication system that the User’s card has incorporated. Only with the acceptance of the transaction by the card issuer will the payment be confirmed.
Mandala Tours will in no case have access to or store the card data entered by the User to make the payment, which will be processed in the encrypted digital payment tool.
The User should consult with his/her bank for any possible surcharge for commissions that will be applied for the transaction. Mandala Tours is in no way responsible for any charges that your bank may make for the transaction, especially in relation to any charges resulting from currency exchange on the payment.
Mandala Tours will not be liable for any problems that the Customer may have when making the payment with the card, since it is an automated process on a gateway outside the control of Mandala ToursWe shall not be liable for any unlawful charges that may be made by Professional Users (other travel agencies that contract our services) on cards that are not their property.
In the event that the transaction is not completed successfully or there are indications of fraud or illegality of the purchase, Mandala Tours reserves the right to cancel the reservation.
4.7 Offers and promotions
Mandala Tours may launch offers and promotions through various communication channels by which the User can access services under special conditions, or can be applied to the price of these a certain discount. In such cases, the User may be asked for the password or promotional code during the reservation process, and the discount will be applied to the price shown. The conditions, limitations and exclusions to benefit from such offers will be detailed in the terms and conditions of each specific promotion.
The invoice corresponding to the services will be issued and sent by e-mail once the last of the payments established in the payment conditions of each trip has been made and verified.
RULES APPLICABLE TO THE BENEFITS OF THE PACKAGE
1.1. The services included in the package travel contract result from the information provided to the consumer in the package travel program/offer, as well as from the indications relating to this information made when confirming the reservation.
1.2. However, the organizing agency reserves the right to modify the information contained in the brochure prior to the conclusion of the contract. In order to be valid, changes in such information must have been clearly communicated to the consumer in writing.
1.3. The suppliers of products or services, each within the scope of their respective obligations, shall be responsible to the customer for compliance with the obligations arising from the regulations in force and the terms and conditions of sale of each of the products and services that are contracted, without the following being applicable Mandala Tours assumes no obligation or responsibility for those products or services that it does not provide directly beyond what is strictly required by the regulations in force.
1.4. It will be understood that the presence of pets is accepted in the trip if this is expressly indicated in the publicity or previous information of the trip. Otherwise, if the consumer wishes to travel with his/her pet, he/she must inform the agency before making the reservation request so that it can inform him/her whether or not this is possible.
Unless otherwise stated in the travel program/offer or provided for in special conditions:
3.1. The consumer must be present at the place indicated for departure with the advance notice indicated by the agency or, failing that, by the brochure, respecting the schedules and baggage limits indicated by the company. As a general rule, in the case of air transportation, the minimum advance notice is three hours before the scheduled departure time. It is recommended that the customer reconfirm flight departure times 48 hours in advance.
3.2. If the traveler is unable to take the trip because he/she did not show up in time, the regime provided for in these Conditions for failure to show up at departure or, as the case may be, the regime provided for the consumer’s cancellation shall apply.
3.3. Loss or damage occurring in connection with hand luggage or other objects carried and kept in the consumer’s custody are at the sole risk and expense of the consumer.
3.4. Any additional costs incurred by the traveler for excess baggage shall be borne by the traveler. If you so inform the agency at the time of booking, the agency will provide you in advance with the necessary information on the additional baggage policy of the airline in question.
4. Other services
4.1. Guide servicesMandala Tours will generally select a guide for the trips. The responsibilities of this figure towards the client are as follows:
a. Inform, lead, coordinate and attend the group during the trip, with the capacity to make decisions that affect the route, even modifying it, in application of their knowledge of the destination and the eventual supervening circumstances that occur in such a place beyond the control of Mandala ToursThe hotel is located in the center of the city, so that the traveler can enjoy the place to the fullest. The traveler will submit to the authority of the trip leader and will abide by his/her instructions for the smooth running of the trip.
b. Contribute their knowledge to enrich the travel experience.
c. Solve, as far as possible, as well as support the client in case of any problem or unusual circumstance during the trip.
d.To intermediate between the client and Mandala Tours during the trip.
4.2. Public transportation and car rental.There may be circumstances in which, at destination, the traveler decides to travel in some type of vehicle, travel not integrated or pre-contracted in the Mandala Tours travel package. The traveler is aware and accepts that Mandala Tours has no responsibility whatsoever in relation to such transportation services, especially in relation to the choice and reliability of the service providers, their quality, safety, and the eventual civil, administrative or criminal liabilities arising from their improper use by the client or the driver, if he/she is a third party.
RIGHTS AND OBLIGATIONS OF THE PARTIES PRIOR TO THE COMMENCEMENT OF THE VOYAGE
Modification of the contract
1.1. If at any time prior to the departure the consumer if you wish to request changes in the destinations, means of transport, duration, schedule, itinerary of the contracted trip or any other aspect related to the services and the agency is able to make them, the agency may require you to pay the additional justified expenses caused by such modification, as well as a handling fee for modification of the reservation that may not exceed 5% of the price of the trip.
1.2. Prior to departure, the agency can only make changes that are necessary for the successful completion of the package and that are not significant. Necessary changes are considered significant if they prevent the achievement of its purposes according to its general or special characteristics.
Inthe event that the agency is forced to make significant changes, it shall immediately inform the consumer. The latter may choose between accepting the modification of the contract specifying the variations introduced and their repercussion on the price, or terminating the contract. The consumer must communicate the decision to the agency within three days of being notified of the modification. If the consumer does not communicate his decision within the indicated period, it will be understood that he chooses to terminate the contract without penalty.
The agency may only revise the price, upwards or downwards,provided that such revision is made within 20 days prior to departure and is not significant, i.e. more than 15% of the price of the trip. In addition, such revision may only be carried out to adjust the amount of the trip price to the variations:
a) Exchange rates applied to the organized trip.
b) The cost of transportation included in the trip, including the cost of fuel.
c) Fees and taxes related to certain services, such as airport, embarkation, disembarkation and similar fees included in the price.
2.2. The revised price will be determined by reference to the counter value of the currency of the country of destination and the prices, rates and taxes applicable on the date of issue of the brochure.
In the case of circuits that include two or more countries, the exchange rate used as a reference is that of the US dollar on the same date.
2.3. If the price revision involves an increase of more than 15% of the price of the trip, the agency shall immediately inform the consumer, who may terminate the contract.
The consumer must communicate the decision to the agency within three days of being notified of the modification. If the consumer does not communicate his decision within the indicated period, it will be understood that he chooses to terminate the contract.
3. Consumer rights in case of termination by Mandala Tours
On behalf of the AGENCY
In the event that the organizer cancels the package tour before the agreed departure date for any reason not attributable to the consumer and user, the latter shall be entitled, from the moment of the termination of the contract, to the reimbursement of all amounts paid or to the realization of another package tour of equivalent or superior quality provided that the organizer can propose it. In the event that the trip offered is of inferior quality, the organizer or retailer shall reimburse the consumer and user, where appropriate according to the amounts already paid, the difference in price, in accordance with the contract.
In any case, the consumer and user may demand the reimbursement of the amounts paid to the entrepreneur to whom they were paid, who must reimburse them within 14 calendar days. The computation of the term, in this case, will start from the notification of the consumer and user of his option for the resolution or from the occurrence of the circumstances determining the cancellation.
The customer shall also be entitled to a compensation whose liability is joint and several between the retailer and the organizer, amounting to 5% of the total price of the trip if the cancellation is proposed between two months and fifteen days before the start of the trip, 10% if it is proposed between fifteen and three days before, and 25% if the modification is made 48 hours before the start of the trip. There shall be no right to compensation when the cancellation of the trip by the AGENCY is due to force majeure, understood as those circumstances beyond the control of the person who invokes them, abnormal, unforeseeable and unavoidable, despite having acted with due diligence, or when the trip does not take place because the number of registered persons required for its realization has not been reached.
There is no obligation to indemnify in the following cases:
In this case, the agency must communicate the cancellation in writing to the consumer as soon as possible and, in any case, no later than 20 days before the departure of the trip.
Failing this, the agency must notify the cancellation at least ten days prior to the departure date.
4. Assignment of the reserve
4.1. The consumer may transfer his reservation to a person who meets all the conditions required in the brochure and in the contract to make the package.
4.2. The transfer must be communicated by any means to the agency and will be free of charge if the agency receives the communication at least 15 days prior to the start date of the trip. If it is desired to be carried out at a later date and the agency can accept it, it may charge the consumer a handling fee for the transfer, which shall not exceed the additional amount charged by the suppliers.
4.3. In any case, the consumer and the person to whom he/she has assigned the reservation are jointly and severally liable to the agency for the payment of the rest of the price, as well as for the justified additional expenses that the assignment may have caused.
5. Consumer’s right of withdrawal
On the part of the CUSTOMER
The customer, at any time, may cancel the services requested or contracted, being entitled to a refund of the amounts paid, whether it is the total price or the advance payment, but must compensate the AGENCY for the following cumulative concepts:
1. Management fees, plus cancellation fees for own services and those of third parties, if any.
2. A penalty, consisting of 20% of the total cost of the trip if the cancellation is made more than seven days but less than fifteen days prior to the date of the cancellation.
The amount is 50% between days 3 and 7, and 75% within forty-eight hours prior to departure.
3. If you do not show up at the scheduled departure time, you will not be entitled to any refund of the amount paid.
In cases of force majeure, the customer shall be exempted from liability.
5.2.In any case, the withdrawal takes effect from the moment the consumer’s desire to withdraw becomes known to the agency.
6. Lack of presentation at the exit
6.1.Failure to show up for departure shall exist if the consumer does not communicate his/her intention not to go on the trip and does not show up at the time and place scheduled for departure.
In this case, he loses the right to a refund of the amounts paid and continues to be obliged to pay the amounts that are pending payment.
6.2.However, if the failure to perform is due to force majeure, the consumer shall be entitled to a refund of the amounts paid.
D) RIGHTS AND OBLIGATIONS OF THE PARTIES AFTER COMMENCEMENT OF THE TRIP
1. Defective performance or failure to provide services
1.1.When the consumer finds during the trip that there is a defect or the lack of provision of any contracted service, he/she must inform the organizer or the retailer and, where appropriate, the provider of the service in question, at the same place and as soon as possible, so that the agency can have the possibility to seek an immediate solution if possible. The communication shall be made in writing or in any other form in which a record is kept. Upon receipt of the communication, the retailer or the organizer must act diligently to find appropriate solutions.
1.2. In the event of non-provision or deficient provision of any of the services included in the trip, the traveler shall endeavor not to increase the resulting damages by his actions and decisions.
2. Inability of the organizer to provide a significant portion of the services.
2.1.The agency shall adopt the appropriate solutions for the continuation of the trip if, once the trip has started, it does not provide or proves that it is unable to provide a significant part of the services foreseen in the contract.
An important part of the services foreseen are those whose failure to perform them prevents the normal development of the trip and makes it unreasonable to expect the average traveler on this type of trip to continue it under these circumstances.
2.2.The agency may not ask for any supplement for the solutions adopted for the continuation of the trip and will pay the consumer any difference between the services provided and those provided.
If the consumer expressly or tacitly accepts the solutions proposed by the agency, he/sheshall not be entitled to any compensation for such modifications. You will be considered to have tacitly accepted these proposals if you continue the trip with the solutions given by the organizer.
2.4. If the solutions adopted by the organizer are unfeasible or the consumer does not accept them on reasonable grounds, the agency shall:
a) Provide him/her with a means of transportation equivalent to that contracted in the trip to return to the place of departure or to any other place agreed upon by both parties, if the contract includes the return trip.
b) Reimburse the price paid with deduction of the amount of the services provided until the end of the trip, except if the defect that prevents the continuation of the trip is attributable to the consumer.
c) To pay him/her the compensation that may be applicable in accordance with the provisions of these conditions.
3. Cancellation of the consumer during the trip
3.1. The consumer has the right to withdraw from the package travel contract once the trip has begun, but may not claim a refund of the amounts paid and will continue to be obliged to pay those that are pending payment.
3.2. If the cancellation is due to an accident or illness of the consumer that prevents him from continuing the trip, the agency is obliged to provide the necessary assistance and, where appropriate, to pay the amount of the difference between the services provided and those provided, minus the cancellation costs duly justified.
3.3. In both cases, all additional costs incurred by the withdrawal, and in particular those of repatriation or transfer to the place of origin, are borne by the consumer.
4. Duty of cooperation of the consumer to the normal development of the trip.
4.1. The consumer must abide by the indications provided by the agency for the proper execution of the trip, as well as the regulations that are generally applicable to users of the services included in the package. In particular, on group trips, he/she shall show due respect for the other participants and shall conduct himself/herself in such a way as not to interfere with the normal course of the trip.
4.2. The serious breach of these duties entitles the agency to terminate the package travel contract. In this case, if the contract includes the return trip, the agency shall provide the consumer with a means of transportation equivalent to that contracted in the trip to return to the place of departure or to any other place agreed upon by both parties. The agency shall also be entitled to the appropriate compensation for damages attributable to the consumer’s conduct.
4.3. The traveler shall comply with the laws and customs of the countries visited. The customer expressly exonerates Mandala Tours from any liability. from any liability, claim, contingency or obligation in which it may incur personally and/or against third parties as a result of possible, alleged and/or proven non-compliance with the legislation or regulations of any kind in force in the country of destination, expressing for this purpose its obligation in this regard and its firm and express will to abide by and comply with the same to the fullest extent.
4.4. Notify Mandala Tours of any illness, pathology, allergy or physical or mental health problem that could affect the normal development of the trip or the coexistence of the group. Failure to notify this fact to Mandala ToursThe member shall not commit any act that is illegal or that may cause danger or discomfort to the rest of the members of the group, Mandala Tours reserves the right to terminate the contract with the client, without any right of claim or refund and without prejudice to the actions and/or claims that the other travelers would like to make against the violator of the rules of the trip. Likewise, Mandala Tours reserves the right not to accept any more reservations from the client who has shown signs of not having accepted, understood and/or complied with the provisions described herein, as well as in the travel manual, in the case that it is provided.
5. Distribution of responsibility
The agency as organizer will respond to the consumer for the correct fulfillment of the package travel contract according to the obligations that correspond to them by their respective scope of management of the package, whether it executes itself the services included in the package or if they are carried out by its assistants, collaborators or other service providers.
6. Causes for exemption from liability
The agency’s liability shall cease when any of the following circumstances occur:
7. Agency’s duty of care
The agency, despite being exonerated from liability in certain situations on the basis of the regulations in force, will continue to be obliged to provide the necessary assistance to the user who finds himself in difficulties.
7.2. The duty of care provided for in the preceding paragraph shall not exist when the defects occurring during the performance of the contract are exclusively attributable to intentional, irrational or negligent conduct of the customer.
8. Information on passport, visa and vaccination provisions
The agency will provide information on the health formalities required for the trip and the stay, as well as on the conditions applicable to citizens of the European Union in terms of passports and visas, but the client will be responsible for the correctness of the information provided.
Nationals of countries outside the European Union should consult with their Consulate or Embassy regarding the documentary and health requirements for the trip.
8.2. The customer must obtain the necessary documentation for the trip, including passport and visas and health formalities. All damages that may result from the lack of such documentation shall be at your expense, and in particular, the costs incurred by the interruption of the trip and its eventual repatriation.
8.3. If the agency accepts the consumer’s request to process the necessary visas for any of the destinations included in the itinerary, it may demand the charge of the cost of the visa as well as the management fees for the procedures to be carried out before the corresponding diplomatic or consular representation. When the travel contract is so close to the start date of the trip that there is a risk of not obtaining the visa by ordinary means (generally 45 days before the departure date) and an urgent or different processing from the ordinary one is necessary, the client will be responsible for the extra costs of administration, courier and processing.
In this case, the agency shall be liable for the damages attributable to it in accordance with the diligence normally required for delays in obtaining the necessary documentation or for the lack or insufficiency of the same.
Mandala Tours will not be responsible for the loss or misplacement of these passports during their processing when, apart from the maximum diligence attributable to Mandala Tours, such eventuality is derived from the action of third parties such as embassies or courier companies. Mandala Tours is exempt from liability in case of loss in the mail or courier service. Obtaining personal documentation (visas, certificates, passport) will be the sole responsibility of the customer, and even in the event that Mandala Tours If the company accepts to manage the client’s visa, it shall not be responsible for any incidents that may arise during its management, such as the refusal of the visa or the loss of the documentation by third parties.
8.5. The client is responsible for the good condition and conservation of his passport. Mandala Tours shall not be held responsible for any inconvenience or inconvenience caused in the event of any kind of damage or breakage during handling by the customer, embassies during visa processing or during immigration controls in the countries of stopover or destination, at the customer’s expense or inconvenience. The customer must fill in all the fields required by the authorities of the destination country to obtain the visa. If you do not fill in all the fields correctly, you will have to fill in the form again, and you may incur the administrative costs derived from such correction.
8.6All users, without exception, must carry their personal and family documentation in order, whether passport or ID card, according to the laws of the country or countries visited. The client will be responsible for obtaining visas, passports, vaccination certificates, etc., when required.
8.7. In case of being refused by any authority the granting of visas, due to particular causes of the user, errors or omissions in the visa application form, or being denied entry into the country for lack of requirements, or by defect in the required documentation, or for not being the bearer of the same, Mandala Tours declines all responsibility for events of this nature, being at the expense of the customer any expenses arising, applying in these circumstances the conditions and rules established for the cases of voluntary withdrawal of services. Minors under 18 years of age must carry written permission signed by their parents or guardians, in anticipation that the same may be requested by any authority, in the manner and form determined by international law and/or the legislation of the country of destination.
9. Liability of airlines in relation to air transport incidents in accordance with the provisions of Regulation 261/2004.
Regulation 261/2004 of the European Parliament and of the Council of 11/02/2004, establishes the rules on compensation and assistance to air passengers in the event of denied boarding, cancellation or long delay.
The above Regulations shall only apply:
a) Passengers departing from an airport located in the territory of a Member State.
b) Passengers departing from an airport located in a third country to an airport located in the territory of a Member State, unless they receive benefits or compensation and assistance in that third country, when the air carrier operating the flight in question is a Community carrier.
In accordance with the provisions of Regulation 261/2004, when the Airline Company cancels a flight or incurs a delay, it shall be responsible for providing, as the case may be, due assistance and care to the passengers affected, and shall assume the costs of meals, calls, transportation and overnight stay, if applicable, pursuant to the provisions of EEC Regulation 261/2004, establishing common rules on compensation and assistance to air passengers in cases of denied boarding and of cancellation or long delay of flights.
The regulation also provides for the payment of certain indemnities, which depend on the distance of the flight.
If the incident is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken, the operating air carrier shall not be obliged to pay compensation but shall be obliged to provide due assistance and care to the affected passengers.
10. Liability for services not included in the package
10.1. The rules of contractual liability for package travel are not applicable to services such as transportation, accommodation, excursions, attendance to sporting or cultural events, visits to exhibitions or museums, or other similar services, when these are contracted directly by the traveler, or when they are contracted through the agency but are not combined with any other service of that trip or, when contracted together with others, the total benefit of these does not exceed 24 hours or does not include an overnight stay.
10.2. The agency, in cases where the client contracts directly with the supplier, has no responsibility.
In the case of assisting the client in the contracting of a single service, it intervenes as a mere intermediary, the supplier being exclusively responsible for the provision of the service.
According to the criteria established in the Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data (hereinafter, LOPD) or regulations that replace it, in order to properly provide its services, Mandala Tours needs your authorization in relation to the processing of your personal data.
By accepting this Privacy and Data Protection Policy, you certify that you understand and agree to the possibility that Mandala ToursThe data collected through the web, e-mail or telephone, is used only for the purposes described below, to review and analyze the data communications made by the Users through the web, e-mail or telephone.
The main purpose of the processing of personal data is the management and proper fulfillment of the contract between the User and Mandala Tours, including the publication of their proposals for travel services and the facilitation, as far as possible, of means for the resolution of disputes between the two.
We may also use your data to provide you with information about products and services that may be of interest to you via Newsletter if you give us your express consent. If you would like us to use your data in this way, please check the appropriate advertising authorization box on the form.
Pursuant to the provisions of the LOPD, the User is informed and accepts that the personal data provided by him or that will be provided in the future to Mandala Tours will be processed in a personal data file called CLIENTS, duly registered in the Registry of the Spanish Agency for Data Protection and whose ownership is held by Mandala Tours.
The processing of your data will always be carried out under the strictest security systems available to Mandala Tours. The security measures to be applied will be those corresponding to the low level indicated in the Royal Decree 1720/2007 approving the Regulation for the development of the Organic Law 15/1999, on the protection of personal data.
Communication of Personal Data
The data collected will be stored and may be transferred in encrypted form outside the European Union to one of our suppliers. By providing us with your personal data, you agree to this transfer in case it takes place.
Your data will not be communicated to third parties, except in the following cases:
a. Once you have given your consent to the processing of your data, for the provision of services performed by third parties for Mandala Tours, including payment processing, data analysis and the design of new tourist services. Mandala Tours will only send the User’s personal information to its suppliers.
b. If we are under a duty to disclose or share your personal data in order to comply with any legal, administrative or judicial obligation, or to protect the rights, property or safety of Mandala Tours or our customers. This includes the exchange of information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
c. If Mandala Tours is acquired by a third party, in which case personal data of its customers will be one of the transferred assets.
The User may at any time exercise their rights of opposition, access, rectification and cancellation by writing to the postal address of Mandala Tours, or by sending an e-mail to firstname.lastname@example.org.
F) COOKIES POLICY
In compliance with Article 22.2 of the Law of Information Society Services and Electronic Commerce (LSSI) and EU Directive 2009/136/EC, Mandala Tours informs that this website uses its own and third party cookies.
Definition and function of cookies
A cookie is a small data file that is transferred to your computer’s hard drive and stores information or browsing habits. Mandala Tours uses cookie technology to collect additional data about the use of the website and to store information about the User for the sole purpose of improving the User’s experience.
In no case the cookies will be executable files and cannot contain viruses.
The information provided to us by cookies is valuable because it helps us to improve the service we offer to our Users. However, although we appreciate that the user accepts cookies from our website, we remind you that you can configure your browser to accept them or not, or for the browser to warn you when a server wants to save one of them. To perform this configuration:
In case of using another browser, the User will have to consult the user’s manual of the same one. Google has also developed a browser add-on that disables the sending of data to the Google Analytics tool, which can be downloaded here.
Specifically, the cookies that the website uses are:
About the use of Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. a Delaware company headquartered at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (“Google”).
In case of activation of IP anonymization on this website, the IP address of the User will be abbreviated by Google if the User is located in a member state of the European Union or other countries that are signatories to the Agreement on the European Economic Area. Only in exceptional cases will your full IP address be transferred to Google in the USA and abbreviated there. IP anonymization is enabled on this website.
Google will use this information on behalf of Mandala Tours for the purpose of analyzing your use of the website, compiling reports on website activity and providing other services relating to website traffic and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.
G) CLAIMS AND ACTIONS ARISING FROM THE CONTRACT
1.1. Responsibilities. The client knows and accepts that the nature of the trip in relation to the destinations and activities included. The client, aware of the official recommendations of the Ministry of Foreign Affairs and Cooperation (www.maec.es) and the Ministry of Health, Social Services and Equality (www.msc.es) of the Government of Spain with respect to the desired destination, assumes and accepts this risk and excludes Mandala Tours from any claim related to damages or even death arising from this inherent risk.
Likewise, the client is aware that in certain destinations to be visited, the political, cultural and geographical conditions may present certain risks, dangers or physical challenges that are greater than those that may be encountered in their daily lives. The client knows and declares that he/she has at least considered and weighed the potential risks, dangers and challenges, and expressly assumes the risk inherent in the trip he/she intends to take.
The client is responsible for dealing with customs, weather conditions, physical challenges and the laws in force at any time of the itinerary, and of course has the possibility to inform himself in advance and contact the local embassy or consulate of each destination, in addition to seeking advice from the agency.
Mandala Tours shall not be liable for death, bodily injury, illness, delay or other loss affecting the client’s person and/or property. In the same way, Mandala Tours shall not be liable for death or bodily injury suffered by the customer (including emotional damage), as well as any illness or loss, caused by force majeure, war, terrorist attacks, civil commotion, governmental action, political unrest in any form and in any place, or any circumstance that may occur beyond the reasonable control of Mandala Tours.
1.2. Travel insurance. Mandala Tours will provide the client with information about optional travel insurance. These insurances, depending on the optional modality chosen, may cover loss or delay of baggage, personal damages, medical expenses, evacuation and repatriation expenses in case of accident, illness or death, in the manner and amount stated in the terms and conditions provided to the client at the time of requesting the reservation. The complete terms and conditions of the integrated insurance can be consulted on the IATI SEGUROS website.
Mandala Tours recommends extending coverage for cancellation, loss of possessions, or any other loss that may arise from a situation of loss, damage, delay or inconvenience to the client.
2. Applicable Law
The package travel contract is governed by the agreement between the parties and by the provisions of these general conditions, and, in the absence of these, by the provisions of Royal Legislative Decree 1/2007 of November 16, 2007, which approves the revised text of the General Law for the defense of consumers and users and other complementary Spanish laws.
The User is also covered by the regulations of electronic commerce, common law and the provisions that protect him as a consumer.
If any clause included in these general conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the general conditions shall subsist in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been included.
In this case, the invalid clause shall be replaced by a new one in accordance with the law in force, with a wording and spirit as close as possible to the clause that had become inapplicable.
3. Complaints to the agency
3.1. If during the trip, the client has any complaint or claim in relation to the service provided, he/she must inform the monitor, in order to resolve the reason for the complaint or claim.
When the incident occurs on a flight, accommodation, means of land transportation, etc., regardless of the country where it occurs, the customer must file the relevant claim against the service provider in order to facilitate subsequent claim procedures.
3.2. Without prejudice to the legal actions to which he is entitled, the consumer may make written claims for non-execution or deficient execution of the contract to the agency by contacting its registered office stated in the heading of these conditions, or by e-mail or telephone:
Responsible: MANDALA TOURS, S.L.
Address: C/ Faisan 18, 3E, Granada (Spain)
Telephone: +212 667 65 64 35
3.3. Within a maximum period of 30 days, the agency must reply in writing to the complaints made.
3.4. At this stage, the consumer and the agency may seek the mediation of the competent administration or of the bodies set up for this purpose in order to find a mutually satisfactory solution to the conflict on their own.
3.5. If the dispute cannot be resolved by complaining to the agency, the consumer may submit it to consumer arbitration if the agency complained against has previously joined the consumer arbitration system, or if the agency, despite not being a member, accepts the consumer’s request for arbitration. Likewise, in any case, the consumer may file a claim in court.
4. Consumer arbitration
4.1. If the claimed agency had previously adhered to the consumer arbitration system, the consumer may address his claims to the competent regional Consumer Arbitration Board.
4.2. Claims involving intoxication, injury, death or reasonable suspicion of crime cannot be subject to consumer arbitration.
4.3. Unless otherwise stipulated in the public offer to submit to the consumer arbitration system, the arbitration shall be governed by law and the arbitration procedure shall be governed by the provisions of Royal Decree 231/2008, of February 15, 2008.
4.4. The award rendered by the arbitration tribunal appointed by the Consumer Arbitration Board shall settle the claim filed with finality and shall be binding on both parties.
5. Legal Actions
5.1. If the dispute is not subject to consumer arbitration, the consumer may claim in court. The parties, without prejudice to the jurisdiction that may correspond to them, submit themselves to the Courts and Tribunals of Granada for the resolution of any litigation that may arise from the travel contracts formalized.
5.2. Legal actions arising from the package travel contract shall be barred by the expiration of a period of two years, counting from the day on which the trip ended or should have ended.