General terms and conditions of contract

These General Terms and Conditions of Contract (hereinafter, the “Terms and Conditions”) govern the contractual relationship between Internet users (hereinafter, the “User” or “Users”) and THE OTHER SPAIN, S.L. (hereinafter, “The Other Spain”), with registered office at Calle de Castelló, 50, Bajo Izq, 28001 Madrid, entered in the Madrid Companies Register, Entry 1 / Volume: 32,020 / Book: 0 / Folio: 65 / Section: 8 / Sheet: M-576134, holding Tax Identification Number (CIF) B86932274, in relation to the contracting by the User of private and semi-private tours offered through the website: https://theotherspaintours.com/

The Other Spain is a specialised agency dedicated to designing and offering its clients or Users, in return for a fee, bespoke itineraries and complete experiences through its online sales platform. The service focuses in particular on semi-private tours to nearby destinations, with daily departures from Madrid city, for a maximum of six persons travelling in a private vehicle accompanied by a guide.

This contract is deemed to be validly formed upon the expression of consent by both The Other Spain and the User. Consent on the part of The Other Spain shall be deemed given when it confirms in writing to the User its acceptance of the booking request. Such consent implies that the User has read and understood all of the clauses incorporated herein. The User shall give consent by the following means: via the Website or by email. All bookings are made either through the Website or via email.

The contracting of services shall be governed by (i) these General Terms and Conditions, (ii) the specific general conditions established for each type of service (car hire, excursions, or any other service available at any time on the Website), (iii) the particular conditions that may be agreed for the specific services contracted, as well as (iv) the applicable legal provisions. Without prejudice to the foregoing, the contracting of package travel arrangements shall be specifically subject to the provisions of Book IV of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, as well as to the specific conditions agreed with the User, with The Other Spain acting in its capacity as a travel agency.

Each itinerary is designed to provide a comprehensive, unhurried and personalised experience, tailored for travellers wishing to discover destinations in comfort, at leisure and at a more accessible price.

The Other Spain offers semi-private tours for small groups of up to six people, which include:

• Pick-up and return service in a private Mercedes Viano Class V vehicle with private driver, from designated points within central Madrid.
• Guided tour by our specialised guides.

The price of the semi-private tours offered by The Other Spain on its Website expressly excludes:

• Admission fees to museums, historical monuments or additional cultural or tourist activities, as well as any gastronomic or other experiences not expressly included within the transport and guide service provided.

In such cases, The Other Spain offers the User the option of paying the relevant admission fee directly to the authorised guide accompanying the User on the day of the tour. Payment shall be made by bank card, for which the guide will have a POS device available. The Other Spain does not guarantee ticket availability on the day of the tour.

Pursuant to The Other Spain’s payment policy, the User must pay the tour price in a single instalment, upon which the User will receive an email at the address provided, confirming the tour booked, and specifying the reservation details, date, time and pick-up location.

Prices displayed on the Website are stated in euros (€) and are based on actual costs at the time of publication. The Other Spain reserves the right to amend prices on the Website depending on availability, season or other factors; however, such changes shall not affect bookings already confirmed. All prices shown on the Website include VAT and other applicable taxes.

Payment may be made by Visa, Mastercard or American Express cards, or via Apple Pay or Android Pay. Users may choose to store their payment details for use in future purchases. A booking request implies the User’s undertaking to authorise the charge to the credit card provided. Should it not be possible to charge the credit card (charge declined), the User accepts that The Other Spain shall not issue the booking.

Credit cards are subject to verification and authorisation by the issuing entity; if the entity does not authorise the payment, The Other Spain shall not be liable, and no contract may therefore be formalised between The Other Spain and the User.

In addition to the obligations and warranties accepted by Users in the Website’s Legal Notice, Users warrant that they shall not use the Website and/or the contents available for commercial purposes in any circumstances without The Other Spain’s authorisation. Accordingly, Users may not use the products and services for any purposes other than those permitted on the Website and in accordance with the Website’s policies.

To complete a booking, the User must provide the requested information in full, truthfully and correctly (full name, ID card, passport or other identity document, date of birth and nationality). Any error in the name or any of the other details supplied by the User resulting in additional costs for transport reservations or any other issue attributable to the User shall be borne by the User.

In the event of cancellation by the User, it must be made in writing and notified to The Other Spain at the following email address: hola@theotherspaintours.com. Upon receipt of a message expressly stating that the User wishes to cancel the booking, it shall be automatically cancelled, provided that this is possible.

If the User cancels the booking before the group of six persons has been confirmed, the User shall pay The Other Spain a penalty of 10% of the total tour price paid, as an administrative fee. If the User fails to appear at the confirmed departure date, time and place, the User shall be liable for the full amount of the tour already paid and shall not be entitled to any refund.

Pursuant to Article 103, section (l), of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, the right of withdrawal shall not apply to contracts relating to vehicle hire, catering or services linked to leisure activities, where the contracts provide for a specific date or period of performance.

In the event that a tour is cancelled by The Other Spain, for reasons beyond its control, due to force majeure or staff unavailability, The Other Spain shall notify the User in writing of the conditions and reasons for cancellation or change, and shall offer the User, wherever possible, alternative arrangements on the same terms as those contracted, at no additional cost. In such case, the User may choose between a full refund of the amount paid or rescheduling the tour date.

The Other Spain shall not be liable for any damage or loss arising from any of the following: interruption of operation or lack of availability of access to the Website; privacy and security in the User’s use of the Website and/or unauthorised access by third parties; the accuracy, completeness or timely updating of the Website’s content; or any other exclusions set out in these Terms and Conditions.

Likewise, The Other Spain has no obligation to monitor and does not control how Users utilise the Website, its contents and/or services. Accordingly, The Other Spain does not guarantee that Users will use the Website, its contents and the services offered in compliance with these Terms and Conditions, diligently and prudently, or lawfully.

The Other Spain reserves the right to temporarily suspend, without prior notice, access to the Website, for example where urgent maintenance, updates or security reasons so require, and also reserves the right to permanently provide or withdraw services, content or the Website itself, endeavouring to inform Users in advance whenever circumstances permit.

These Terms and Conditions constitute the entire agreement between Users and The Other Spain. The Other Spain reserves the right to amend, limit or cancel these General Terms and Conditions at any time. In any event, the applicable conditions shall be those in force at the time the User formalised the booking, or subsequent ones if more favourable to the consumer’s interests. Any amendment to these Terms and Conditions shall be duly notified to the User at the contact details provided to The Other Spain for that purpose.

If any clause of these Terms of Use is declared wholly or partially null or void, such nullity shall affect only that provision or the relevant part thereof, and the remainder of the Terms of Use shall remain valid. Such provision or part thereof shall be deemed not to have been included, unless it is essential to these Terms and would therefore affect them as a whole.

The Website, all its documents and content are provided in Spanish and English, although other languages may be available. In the event of any conflict in the application or interpretation of these Terms and Conditions, the Legal Notice, the Privacy Policy and/or the Cookie Policy of The Other Spain, the Spanish version shall always prevail over any other.

Users may not assign, in whole or in part, whether for consideration or free of charge, the rights or obligations acquired under these Terms and Conditions. If this prohibition is breached, The Other Spain reserves the right to take the appropriate legal action, as well as to seek compensation for any damages that may arise as a result.

The User acknowledges and agrees under these Terms and Conditions that all copyright, trade marks, design rights and other intellectual property rights over the materials or content accessible on the Website are the EXCLUSIVE property of The Other Spain or of those who have licensed their use. The User may under no circumstances use such material for purposes other than those expressly authorised by The Other Spain.

These Terms and Conditions, the Privacy and Cookie Policies and the Website Legal Notice, as well as any relationship between the Users and The Other Spain, shall be governed by Spanish law. In the event of any conflict in the application or interpretation of such documents, the parties submit to the Courts and Tribunals of Madrid.

Consumers’ Rights in the EU – Without prejudice to the foregoing, where the User is considered to be a Consumer, they may assert their rights in relation to the Terms of Use, the Legal Notice and the Privacy and Cookie Policies of the Company before the courts of their domicile in Spain or before the courts of their EU Member State of residence. Furthermore, pursuant to Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the Company hereby informs you of the existence of an online dispute resolution platform provided by the European Commission, available at: http://ec.europa.eu/consumers/odr/, through which Consumers may submit their claims.