GENERAL TERMS AND CONDITIONS

The booking of any tour or activity organized by WILDWATCHING SPAIN S.L. will necessarily involve the previous acceptance of this General Conditions, which will be considered automatically incorporated to the contract.

1. About the parties of the contract.

The party of the first part, the travel agency WILDWATCHING SPAIN S.L. (Agency ID code CICL.24-85), with CIF B24622581 and active tourism company TA 24-040 and registered office in Avda. Valcayo num 6, planta 1, Puerta H, 24900 of Riaño, León (Spain), responsible for this website, www.wildwatchingspain.com.

The other part, the legal person, the user accessing the website to obtain information and, if it’s the case, book the offered services. When you accept the General Terms and Conditions, you represent that you are at least 18 years of age and you have the legal capacity to acquire the offered services through this website, according to this General Terms and Conditions completely.

The user must carefully read this document on every occasion the user accesses the website or books services with the agency. The Terms and Conditions may have suffered some changes since the user’s last visit.

The online purchase of any product on the website, made through email or any other way doesn’t release the client from the obligation of reading and accepting the General Terms and Conditions agreement.

With the deposit or firm booking of the product, the client accepts the following rights and obligations.

2. About the governing law.

These General Terms and Conditions are governed by and construed by the law disposed in the “Real Decreto Legislativo 1/2007, 16 of November”, that approves the text recasted in the General Law for the defense of the Users and Consumers and other complementary laws, particularly referring to the “Libro Cuarto de tal Real Decreto”, referred to package tours. All the same it could apply the “Ley 7/1998, 13 of April” of general booking conditions.

WILDWATCHING SPAIN S.L. (From now on WWS) regulations as a travel agency which exercise their activities in Castilla and León community.

3. About the access, register and utilization of the website.

To be able to book services through the website, according to this General Terms and Conditions you must be a registered user. Registering is free and non-transferable, having in any case to provide true and precise information when completing the register form. WWS reserves the right to disapprove user’s registering requests and/or to end the user’s register at any time, when WWS considers it appropriate, if the company understands that the user is misusing the register, such as pouring insults or using offensive language, slanderous or inappropriate, generally, in the blog or in any of the other free participation places of the website www.wildwatchingspain.com.

The user is responsible is to maintain a strict confidentiality of the user’s name and password when login in, and it is responsible of any activity that takes places with the user’s name and password. Therefore, the user is committing her/himself to:

• Inform us immediately of any unauthorized use of the user’s name and password, or of any other security violation.
• Make sure to log out when finishing each session. It is the user’s exclusive responsibility to control the use and spread of the password, to control the access and use of the account and to inform WWS when the user wants the account to be cancelled.

WWS does not take responsibility in the lose or damage resulted from the infringement of this clause.

4. About booking a tour or an activity.

The moment any service is booked, 30% of the total cost of the service must be paid. WWS will make sure then that a receipt is issued in which specifies the amount of money, the reference number of the service booked and the general and any conditions of the contract. The remaining amount must be paid 15 days before the beginning of the activity. In case the payment is not done 15 days before that time, WWS reserves the right to cancel the reservation.

In the case a user acquires a package 15 days prior to the starting date of the activity or less, the total cost of the activity must be paid the moment of the booking. This does not affect the rights of return or refund due to cancelations, or any other circumstances described in the actual General Terms and Conditions.

These General Conditions could be cancelled or partially modified by particular conditions specific to one tour or activity, generally motivated by the complexity or specificity of the booked tour. In this case, the user will be properly informed of the particular conditions of the tour or activity the moment of the booking.

5. About the payment

The user compromises him/herself to pay out the services or products booked through the use of any payment method described below and in the website:

• Debid Card (Visa Electron or Maestro), or Credit Card (Visa, Master Card or American Express), and through the safe payment system of the website www.wildwatchingspain.com.
• Payment by transfer within 48h from the booking of the request of the services of the bank account provided by WILDWATCHING SPAIN S.L.
• PayPal
• Any other method provided in the future through the website.

The purchase of any product will only be effective the moment WILWATCHING SPAIN S.L. realizes the charge of the total amount of the service on the credit card provided by the user, or the user gets the receipt of the cash payment or transfer, being possible until that moment to be cancelled by WWS without any right from the user to any claim or compensation.

Requesting a booking of a tour or activity implies the compromise of the user to authorize the charge in the credit card provided. If there is the case the charge is not possible to be effective (Rejected charge), the user accepts that WWS won’t make that booking effective.

The prices indicated on the website have included the airport taxes if the tour includes specifically that service unless the contrary is indicated. The prices don’t include the visa expenses, nor the departing taxes of a territory, that must be paid directly on the destination. The variations of the airport fees due to the delay of the payment of the booking from the moment of the booking until the issuing of the ticket will be passed on to the customer.

6. Cession of the reservation.

6.1 The client will be able to freely pass on his/her reservation on a package to another person who satisfies all the conditions required for it. This cession must be notified in writing to WWS at least 15 days prior to the beginning of the tour unless the parties pact a shorter time in the contract.

6.2 The person who cesses his/her booking of the package and the transferee person will caringly answer before WWS about the payment of the package price, together with the additional costs the cession may have caused.

7. Additional Information about the package booked.

7.1 WWS will notify in writing or in any other recorded format, and with enough time before the beginning of the tour, to the users who have booked, the following information: a) The schedule and places of the transfers and seats reserved in the case transportation is included in the tour price. b) The name, address, and telephone number of the representation of the organizer or retailer at each destination or, failing that, the local agencies that can help consumers and users in case of difficulties. When those representations or organisms don’t exist, in any case the user will be provided with an emergency telephone number or any other information that allows him/her to establish contact with the organizer or retailer. c) For the tours where minors are travelling abroad, the information that allows a direct contact with them or the responsible people during the trip. d) Information, according to the governing law about private insurance, about the subscription of an insurance contract that covers the cancelation costs for the consumer and user, or an assistance contract that covers the cost of repatriation to your home country if that should become necessary, in the cases of an accident, sickness or passing.

7.2 The information related in the previous paragraph will be provided when the booking is confirmed.

7.3 The wolves and bear observation tours are restricted to non-disclosure guarantees.

The booking of a wolves and/or bear observation tour involves the customer’s commitment to not reveal any information about the geographical position of the animals, also to not come back alone or with other people to the place for at least a year after the tour with WWS, to avoid interfering with the observations and tours of other clients.

If failing to follow this condition causes any damage or detriment to Wildwatching Spain, interfering with the activities or products of other clients, Wildwatching Spain reserves the right to charge the corresponding compensation at the offender’s expense in the name of the users injured or its own name.

The offender agrees through the acceptance of the present General Terms and Conditions, that if WWS demonstrate his/her presence in the place or the spreading of protected information it could lead to compensation claim for the damage caused.

8. User’s avoidance of the contract.

The user will be able at all times to revoke the booked services, having the right to get the refund of the paid amount, but he/she must compensate the organizer or retailer the following amounts detailed, unless there is a major cause properly justified: a) A 5% penalty of the total amount of the tour if the cancellation happens between 10 and 15 days before departure; a 15% if it happens between 3 and 10 days before departure and a 25% if it happens 48h or less before departure. b) In any case an 8% penalty will take place due to management costs. c) In the case upon the user’s initiative additional services not included in the package have been booked, the correspondent cancellation expenses will be applied to the user, if there were any, always properly justified. In case of no shows at the departure, the consumer or user is required to pay the full amount of the tour, paying, if applicable, the amounts outstanding between the parties unless agreed otherwise. d) In the case the package is subject to specific economical contracting conditions, non-refundable expenses such as flight or ships charters or specific fees, the cancellation costs will be established according to the conditions agreed between the parties and the governing law.

9. Package cancellation when it does not reach the required minimum of people registered.

In the cases WWS sets the condition, and expressly states it, that the viability of a package requires a minimum number of participants, and if that number is not reached and the package is cancelled, the user will have the right to the refund of the total amount previously paid. Provided that WWS notifies in writing at least 10 days before the tour’s departure.

10. Package review and conditions modification. Package modification.

10.1 In the event that, prior to departure, WWS is obliged to change significantly in any essential element of the contract, he must immediately inform the consumer and user.

In this respect, the currency exchange EUR/USD has been affected negatively due to the international situation.

On the year 2022 every package with logistics prices based on USD were valued with a currency exchange EUR/USD at 1,15, calculating the retail prince on Euros to this change.

To this reason since September 1st, 2022, we are forced to establish a compensation policy on currency exchange EUR/USD at 1,10.

This means the moment the final amount of a package is to be paid an up to the minute exchange will be applied. In the case the actual exchange rate is equal or superior to 1,10 no compensation or extra cost will be applied. In the case its lower than 1,10 the difference between the actual value and the reference value will be charged.

For example, a packaged with a retail price of 3.000€ in which the day the final payment is to be done has an exchange rate EUR/USD of 1,07 will mean the user and consumer will have to pay a 0,03 currency exchange, a total of 90€ in this case.

The user or consumer has the right to cancel the package without any kind of penalty and to be refunded immediately of the amounts previously paid.

10.2 In that case, and unless the parties agree differently, the user or consumer will be able to choose between ending the contract without penalty or to accept a modification of the contract in which the variations or modifications are specified, and the new price is set. The consumer must communicate his/her decision to WWS. In the case the consumer doesn`t notify the decision in the indicated terms, WWS will understand the user has chosen the contract ending without any penalty.

10.3 In the case the consumer chooses to end the contract, under what was pointed out on the previous paragraph, or WWS cancelling the package before departure for whatever reason that is not attributable to the consumer gives him/her the right, from that moment, to the refund of the amounts paid for that package or to the realization of another package of an equivalent or superior quality if WWS can provide it. In the case the new package offered is of a lower quality or price WWS must refund the consumer, where applicable, and according to the amounts already paid, the price difference. This same right will apply to the consumer that would not have received confirmation of the booking in the terms specified in the contract.

10.4 On the previous situations appointed, WWS will be responsible of paying the consumer the correspondent compensation, where applicable, for breach of contract. This compensation will be a 5% of the total amount of the tour if the cancellation happens between 15 days and 2 months before departure; a 10% if it happens between 3 and 15 days before departure and a 25% if it happens 48h or less before departure.

10.5 There will be no compensation obligation in the following cases: a) When the cancellation happens because the package hasn´t reached the minimum number of participants and it is notified in writing before the date specified in the contract, which will be at least of 10 days before the starting date. B) When the package cancellation is due to major force, meaning such conditions beyond those who pleaded, abnormal and unforeseeable consequences of which would have been unavoidable, despite having acted with diligence. This case doesn’t include the cancellation of a package due to overbooking.

11. Consumer and user obligation to communicate every breach of contract.

11.1 The consumer is forced to communicate to WWS, or to the organizer or retailer of the service, every breach of contract, as soon as possible, in writing or in any other way for the record.

11.2 In the case the solutions decided by the organizer don’t satisfy the consumer, he/she will have a month to claim to WWS, always through the organizer. WWS will then have 45 natural days to provide an answer to the claim, starting on the following day to the consumer’s claim.

12. Breach of contract, responsibilities and guarantees. Failure to deliver services consequences.

12.1 In the case after departure WWS doesn’t supply or checks that it can’t supply an important part of the services specified in the contract, WWS will provide the adequate solutions to allow the continuation of the trip, without any extra cost for the consumer and user, and if it is the case, will refund the consumer the difference between the services agreed on and the solutions provided. WWS will consider acceptance of proposal when consumer continues the journey with solutions provided by the organizer.

12.2 If the solutions proposed by WWS weren’t accepted by the consumer for a good reason, the organizer must provide the consumer, without any extra costs, an equivalent transport to the one used on the journey to return to the departure place or any other both parties agree on, without prejudice to the right of compensation where applicable.

12.3 In the case of complaint, WWS will act with the necessary diligence to find a satisfactory solution for both parties. 

WILDWATCHING SPAIN S.L. RESPONSIBILITY

1. WWS will answer the user and consumer according to the obligations related to the managements of the packages, to the obligations incurred under the contract, regardless of if those obligations must be executed by WWS or any other retailer, without prejudice to the right of WWS to act against those retailers.
2. WWS will also answer for the detriment suffered by the consumer and user as a consequence of the non-execution or deficient execution of the contract. This responsibility ends when one of the next circumstances occurs: a) That the inadequacies or faults found in the performance of the contract are attributable to the user and consumer. b) Where such errors, irregularities or fraud are attributable to a third party outside of the services planned in the contract and are insurmountable or unforeseeable. c) That the inadequacies are due to major force, meaning such circumstances beyond those who pleaded, abnormal and unforeseeable consequences of which would have been unavoidable, despite having acted with diligence. d) That the inadequacies are due to any reason that if WWS, despite having acted with the necessary diligence, could not prevent, or overcome. 
   In the cases of responsibility exclusion due to any circumstance prevented on the paragraphs b), c), and d), the organizer and retailer that are a party in the contract will be forced to deliver the necessary assistance to the consumer in trouble.
3. The payment of damages suffered as a result of the failure to provide the proper execution of the services included in the package will be limited as defined by the international conventions that regulate such conditions.
4. It will not be possible to establish any contractual clause that constitutes an exceptions to what has been prevented on the paragraphs 1 and 2 of this article.

CONTRACTUAL RESPONSIBILITY GUARANTEE

WILDWATDHING SPAIN S.L. has the obligation to constitute and keep permanently a deposit in the terms the competent Touristic Administration defines, to answer for the compliance of the obligations resulting from the service provision in relation to the consumers of a package, and specially, to refund the deposits and reimbursement of expenses incurred as a result of repatriation due to any insolvency or bankruptcy. The deposit will be set to the compliance of the obligations resulting from: a) Firm decision in the courts of economic responsibility of the organizers and the retailer arising from the action by the consumer and the user. b) The final award is dictated by the Consumer Arbitration Courts, with the previous consent of the parties. In the case the deposit is executed, it must be replaced before 15 days until the same amount is covered again.

Limitation period for actions.

Prescribe the course of two years from the actions of the rights recognized in this book.

13. Passports, VISAS, and documents.

All users without exception (including children) must bring their personal documents in order and family for either a passport or identity card under the laws of the country or countries visited. It will be the users and consumers when the trips require it the ones in charge of obtaining their visas, passports, vaccines certifications, etc,… In case any Authority denies the visa, due to personal causes of the user, or the denial of access to a country because the user doesn’t follow the necessary requirements or because he/she is not carrying all the necessary documents, the organizer declines all responsibility, meaning any charge originated due to this situation will be afforded by the consumer. Applying in this circumstance the conditions and rules established in the cases of voluntary withdrawal of services. We would like to remind every user, and particularly those who posses a different nationality to the Spanish, that they need to make sure, before the trip, they follow every rule and requirement applicable in the matter of visas so they can enter without trouble any of the countries planned to visit. Minors (Under 18 years old) must carry a writing permission signed by their parents or legal tutors, in case any authority requires it.