FIRST. – OBJECTIVE. The Traveler has expressly agreed to the Terms & Conditions.

SECOND. – PRICE:

1. In accordance with the provisions of article 158 of Royal Legislative Decree 1/2007, of November 16, after the conclusion of the contract, the price may be increased as a direct consequence of changes in:
   a) the price of passenger transport derived from the cost of fuel or other energy sources,
   b) the level of taxes or fees on travel services included in the contract, required by third parties that are not directly involved in the execution of the travel package, including tourist taxes, taxes and surcharges, landing and boarding or disembarking in ports and airports, or
   c) the currency exchange rates applicable to the travel package.
2. The Agency shall communicate the price modification to the Traveler justifying the reasons for the corresponding modification.
3. Once the new price has been accepted, the Traveler must pay the difference that could result, in any case, prior to the start of the services. Any modification requested by the Traveler in the itinerary or provision of services may result in the price modification. If a change of dates is requested in the contract, it will be subject to the availability of open spots on the new dates requested and subject to possible supplement charges. For the validity and full effectiveness of any modification made by mutual agreement, it must be done in writing, at least, identifying the identity and character of the persons involved on behalf of each of the parties, the scope and content of the modification, as well as the date on which it is agreed

THIRD. – MINIMUM NUMBER OF PARTICIPANTS: If the completion of the travel package requires the participation of a minimum of persons, for any reason, that minimum was not reached, the Agency may cancel the contracted services and reimburse the traveler for the total of the payments made by the traveller, in accordance with current regulations, informing the consumer with the following advance notice: 

1. 20 calendar days before the start of the travel package for trips longer than 6 days,
2. 7 calendar days before the start of the travel package in the case of trips between 2 and 6 days,
3. 48 hours before the start of the travel package in the case of trips with less than 2 days of duration, having as sole obligation, by choice of the Traveler, reimbursement of the full amount paid or the completion of another travel package of equivalent or higher quality provided that the organizer or retailer can propose it.

FOURTH. – RESERVATIONS AND TRANSFERS:

1. The traveler will be able to transfer the the travel package contract to a person who meets all the conditions applicable to that contract.
2. The assignment shall be communicated in advance to the organizer or, where appropriate, to the agency, on a durable basis, with reasonable notice in advance.
3. The transferor of the contract and the transferee shall jointly respond to the outstanding amount of the agreed price, as well as any commission, surcharge or other additional costs arising from the transfer. The organiser or, where appropriate, the Agency shall inform the transferor of the actual costs of the transfer. Such costs shall be reasonable and, in any event, shall not exceed the costs actually incurred by the organiser and the Agency as a result of the transfer.

FIFTH. – ALTERATION OF OTHER CLAUSES OF THE CONTRACT

1. The organiser reserves the right to unilaterally modify the terms of the contract before the commencement of the travel package, provided that the change is negligible and that the organizer himself or, where appropriate, the Agency, informs the traveler clearly, understandably and prominently in lasting support. 
2. If, prior to the commencement of the travel package, the organiser is obliged to substantially modify any of the main characteristics of the travel services referred to in Article 153.1(a), he is unable to comply with any of the special requirements referred to in Article 155(2)(a) or proposes to increase the price of the trip by more than eight per cent in accordance with Article 158.2, Royal Legislative Decree 1/2007, of November 16, the traveler may, within a reasonable period of time specified by the organiser, accept the proposed change or terminate the contract.

The traveller who terminates the travel package contract may accept a substitute travel package offered by the organiser or, where appropriate, the Agency, if possible of equivalent or higher quality.

3. The organiser or, where appropriate, the Agency shall promptly communicate to the traveller, in a clear, understandable and outstanding manner and in lasting support:
   a) The proposed amendments referred to in paragraph 2 and, where appropriate in accordance with paragraph 4, their impact on the price of the travel package.
   b) A reasonable period within which the traveller shall inform of his/her decision in accordance with paragraph 2.
   c) The indication that in the event that the traveller does not notify his decision within the time limit referred to in point (b) shall be deemed to choose to terminate the contract without penalty.
   d) If applicable, the alternative travel package offered and its price.

4. When changes to the travel package contract or the alternative travel package result in a combined journey of a lower quality or cost, the traveller shall be entitled to an adequate reduction in the price.
5. In the event of termination by the traveller of the travel package contract prior to its commencement, by virtue of paragraph 2, the organiser or, where appropriate, the retailer shall promptly reimburse all payments made by the traveller or by a third party on his behalf and , in any case, within fourteen calendar days of the date of termination of the contract. To these effects, paragraphs 2 to 5 of Article 162 of Royal Legislative Decree 1/2007 of November 16th shall apply.

SIXTH. – COMPLAINTS

The Traveler is warned about the obligatory nature to communicate any dissatisfaction, nonperformance or shortcoming in the execution of a trip service included in the travel contract or to the provider of the service concerned (hotel, carrier, local agent, etc.) at the same time that it occurs or by sending an email to NEVESTEX S.L. at the following address: info @ smartinsiders.com. The traveler shall inform the organiser about the above mentioned dissatisfaction or, where appropriate, the retailer without undue delay, in writing or other form of record, in order to file a claim for any lack of conformity noted during the execution of the trip. The actions derived from the rights recognized by the Fourth Book of the Royal Legislative Decree 1/2007, of November 16th concerning the travel package, will be prescribed after two years.

In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21st 2013 on the resolution of online consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and With Law 7/2017, of November 2nd, concerning the alternative resolution of consumer disputes, the Traveler is informed of the existence of a European online dispute resolution platform that facilitates the extrajudicial settlement of such disputes for online service contracts concluded in a  independent, impartial, transparent, effective and equitable manner.

When a claim presented directly to the employer has not been resolved, the Traveler may go to the alternative accredited consumer dispute resolution entity to file a claim at one of the following instances: Municipal Consumer Information Offices that exist in the Municipalities or in the Directorates-General for Consumer Affairs of the Autonomous Communities, depending on the Autonomous Community where the contract has been formalized by participating in the procedure before the corresponding entity.

SEVENTH. – RIGHT OF WITHDRAWAL 

Smart Insiders adheres to the sales conditions set out in Book IV of the RDL 1/2007 General Law for the Defense of Consumers and Users, especially in reference to Title II, Articles 159 and 160.

Pursuant to Article 103 (l) of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, the Right to withdraw from contracts relating to the provision of accommodation services for purposes other than housing, transport of goods, rental of vehicles, food or services related to leisure activities, if the contracts provide for a specific date or execution period.

Regarding the transport of persons, according to article 93 k) of Royal Legislative Decree 1/2007 approved by the Consolidated Text of the General Law for the Defense of Consumers and Users the regulation of distance sales (except of article 98.2) does not apply to passenger service contracts. As a result of the reservation of passenger transport services, the right of withdrawal does not apply. Thus, if the User expresses his / her willingness to cancel the contracted tickets, the cancellation conditions of the company in question shall apply.

At any time the User or  Consumer can withdraw from the services requested or contracted, being entitled to the refund of the amounts that have been paid, whether it is the total price or the deposit previously foreseen, but he/she must indemnify the agency for the following concepts:

1) In the case of (cultural) events or travel packages of 1 day (without overnight stay):

• Cancellations made before 15 days of the start of the trip /eventwill be entitled to a refund of 75% of the amount.
• Cancellations made between 14 and 10 days before the start of the trip/event, will be entitled to a refund of 50% of the amount.
• Cancellations made between 9 days and 72 hours before the start of the trip/event, will be entitled to a refund of 5% of the amount.
• Cancellations made between 71 and 0 hours before the start of the trip /eventwill be entitled to a 0% refund of the amount.
• In the event that the user does not show up, the consumer and user is obliged to pay the total amount of the trip, paying, where appropriate, the outstanding amounts unless otherwise agreed between the parties.
• In the event that the travel package is subject to special economic conditions of contracting, such as ships or special fares, cancellation costs shall be established in accordance with the conditions agreed between the parties.
• COVID-19: In case you can’t travel because of a positive test result, the cancellation policy will be applied.

Cancellation percentages are calculated on the total amount of the product purchased, regardless of the amount paid as a deposit or in advance. The bank fee is non-refundable.

Tickets (places) are personal and non-transferable, so each person must travel with the ticket corresponding to his or her name. From the time the purchase was made, changes to the names can only be made by paying the management fees corresponding to each trip. Prior to each trip/activity, the traveler will be asked for his or her passport or national identity card and if the name on the ticket does not match that of the passport or ID card, they will not allow them to take part in the trip.

Cancellations, name changes and travel changes must be requested via e-mail to trips @ smartinsiders.com. Any other communication channels like Facebook, Instagram, WhatsApp or phone are not accepted.

Any request for cancellation, name change or travel change can be done until 48h before the start of the trip/event. Requests received outside of office hours (after 19:00; Friday after 18:00 – office closing time), or during non-working days (weekends and public holidays in Spain), will be considered as received on the next business day at 10:00 (office opening time).

In order to change the trip, the corresponding costs and management expenses will have to be paid.

Management Expenses:

• 1 day trips (no overnight stay): 4€
• Events: 4€

2) In the case of travel packages of more than 1 day and with over night stays, the following relationship shall be followed between the management costs, the cost of cancellation the days from the date of receipt of the withdrawal information and the date of the start of the trip:

• Cancellations made before 15 days of the start of the trip will be entitled to a refund of 75% of the amount.
• Cancellations made between 14 and 10 days before the start of the trip, will be entitled to a refund of 50% of the amount.
• Cancellations made between 9 days and 72 hours before the start of the trip, will be entitled to a refund of 5% of the amount.
• Cancellations made between 71 and 0 hours before the start of the trip will be entitled to a 0% refund of the amount.
• In the event that the user does not show up at departure, the consumer and user is obliged to pay the total amount of the trip, paying, where appropriate, the outstanding amounts unless otherwise agreed between the parties.
• In the event that the travel package is subject to special economic conditions of contracting, such as ships or special fares, cancellation costs shall be established in accordance with the conditions agreed between the parties.
• COVID-19: In case you can’t travel because of a positive test result, the cancellation policy will be applied.

Cancellation percentages are calculated on the total amount of the product purchased, regardless of the amount paid as a deposit or in advance. The bank fee is non-refundable.

Tickets (places) are personal and non-transferable, so each person must travel with the ticket corresponding to his or her name. From the time the purchase was made, changes to the names can only be made by paying the management fees corresponding to each trip. Prior to each trip/activity, the traveler will be asked for his or her passport or national identity card and if the name on the ticket does not match that of the passport or ID card, they will not allow them to take part in the trip.

Cancellations, name changes and travel changes must be requested via e-mail to trips @ smartinsiders.com . Any other communication channels like Facebook, Instagram, WhatsApp or phone are not accepted.

Any request for cancellation, name change or travel change can be done until 7 days before the start of the trip. Any request received outside of office hours (after 19:00; Friday after 18:00 – office closing time), or during non-working days (weekends and public holidays in Spain), will be considered as received on the next business day at 10:00 (office opening time).

In order to change the trip, the corresponding costs and management expenses will have to be paid.

Management Expenses:

• 2 – 6 day trips: 12€
• Trips of more than 7 days: 20€

EIGHTH. – DOCUMENTATION

All travellers, without exception (including children) must carry their personal documentation, whether passport or ID, according to the laws of the country or countries visited, as well as parental permits, visas, driver’s license and health documentation corresponding, if any. Also, in the event that the Traveler has booked an air ticket in relation to which it is necessary to prove the residence before boarding, and it has not been possible to validate, he or she must carry with them a valid D.N.I. or Passport (in case of non-Spanish nationality) as well as the original, valid Registration Certificate. The Agency declines all responsibility in relation to the lack of, error in or defect of such documentation, although it undertakes to help in the management of the best possible solution, but being on behalf of the Traveler any expense that arises for this reason.

NINTH. – REGULATION

Travel packages will be governed by the provisions of the contract in accordance with current legislation, and in particular with the Fourth Book of Royal Legislative Decree 1/2007, of November 16, regulator of travel packages

TENTH. – PREVIOUS INFORMATION

Prior to signing the travel package contract, the Traveler has had, at his or her disposal to use for information and consultation, the Budget provided by the Agency with the particular, general and, where appropriate, special conditions of this trip, with which he or she knows and has expressly accepted in their entirety.

ELEVENTH. – DATA PROTECTION 

We need to manage and process your personal data in order to be able to offer you our tourist services.

In compliance with the provisions of the General Regulations of May 25th, 2018, protection of Personal Data (“GDPR”) we inform the User that, after the completion of the Customer Register, their personal data will be stored in mechanized files owned by NEVESTEX S.L.

These files are registered with the Spanish Data Protection Agency (AEPD) and the entire process of obtaining, storing and maintaining are subject to the corresponding security mechanisms as established by law.

This data is obtained in order to be able to provide the User with our services, give them processing (management and collection of the products and services purchased), logistics management of travel, traceability of the data for accounting, AEAT, hotels, hostels, possible statistics and sending information and advertising about Smart Insiders offers, promotions and recommendations when you tell us to do so.

In the event that the User wishes to contract the products and services offered to him/her on our website, Smart Insiders must communicate to the companies, suppliers or organizers thereof, their personal data: first and last name and passport number/ID, which are absolutely essential to be able to process the reservation; and those of an optional nature that reflect your preferences for the specific and appropriate provision of the contracted service.

Taking into account the value of all personal data, all the Brands that make up the NEVESTEX S.L Group express their interest and respect for offering adequate treatment of the information available to the client and to ensure their interests before the suppliers who provide the tourist services.

Likewise, it is understood that the data that the User has voluntarily registered is truthful, and for the purposes of the provisions of Article 34(e) GDPR, he or she implicitly consents to the contracting of the service or in complaints to it, so that we can transfer your data to the recipients and in the above terms and conditions, to any country in the world, even to those who do not offer a level of protection comparable to that required by the GDPR.

TWELFTH- IMAGE RIGHTS

The participant gives his/her consent and accepts that Smart Insiders, has the rights to use and exploit the photographs or video-graphic material and authorises the right to use, exploit, record, reproduce, communicate, distribute to the public, sell, assign, display and present publicly on the portal and in other media this material, as well as authorising Smart Insiders, to make any modifications to it that it considers appropriate.

THIRTEENTH – GUARANTOR ENTITY IN THE EVENT OF INSOLVENCY OR BREACH OF CONTRACT

Smart Insiders has taken out a guarantee of protection against insolvency with AXA Seguros Generales, S.A. de Seguros y Reasguros. If services are denied due to the insolvency of Smart Insiders, travellers may contact these entities or, where appropriate, the competent authority:

Insurance company: AXA Seguros Generales, S.A. de Seguros y Reasguros
Address: Monseñor Palma 1, 07014 Palma de Mallorca
Email: aperturas.empresas @ axa.es
Telephone numbers: 902 01 33 45 and 91 111 95 44

IMPORTANT NOTES

1) The price does not include 

• Depending on the destination the price does not normally include: visas, airport fees and/or entry and exit fees, vaccination certificates, “extras” such as coffees, wines, spirits, mineral waters, special food regimens even in cases of full board or half board, unless expressly agreed in the contract otherwise, washing and ironing clothes, optional hotel services, and in general, any other service not expressly listed in the section “Included” or not specifically detailed in the program /offer, in the contract or the documentation that is delivered to the consumer when signing up.
• In addition, optional tours or visits and gratuities are not included.
• Tourist tax: In certain countries hotel establishments may require payment of a fee /tax which must be paid on site. Consult each case according to destination.
• If not stated otherwise, Taxi or urban transport services are never included in the cities.
• In the case of excursions or optional visits whose price is indicated with the simple estimate, variations may occur (depending on the circumstances) on these costs initially calculated or planned.
• Optional activities are reserved only when Smart Insiders has received the amount corresponding to them.
• In the event that optional activities are not done due to lack of a minimum number of participants or a lack of availability, the money paid by the customer will be refunded.
• In the event of exclusive single rooms, it will be necessary that each person pay the price indicated on the booking form. 

2) Loss of travel documentation 

In the event of loss of travel documentation (hotel vouchers, air tickets, circuit vouchers, etc.) caused by the customer resulting in loss of services, Smart Insiders will not be responsible for the costs of a new reservation and issuance or the return of the lost one.

3) Flights

In certain tourist destinations, and depending on the airline operating the flight, the Organizer/Wholesale/Touroperator requires the issuance of air tickets in advance of the departure date to guarantee the seats. In these cases the Travel Agency will contact the client to inform them of the issuance of the tickets and complete the payment for them.

4) Transport

In certain destinations and depending on the offer booked, airport-hotel-airport transfers may not be included. Refer to each case.

5) Baggage

With regard to transport of baggage it is understood that the baggage and other personal items of the remain with him or her, whether they be part of the vehicle in which they are placed, and that it is carried by account and that it is transported at the user’s own risk. Users are advised to be present in all baggage loading and unloading handling. In regard to air, rail, sea or river transport of baggage, the conditions laid down by the transport carriers apply, with the ticket being the document linking those carriers and the passenger. In the event of any damage, delay in delivery or loss, the consumer must submit, on the spot, the appropriate complaint to the transport company. During the transport of baggage and the possible incidents arising from it therefore are in this case outside of the scope of management of the agency.In the event of wanting to transport large volume luggage for your holiday, such as bicycles, surfboards, etc., you will have to pay the corresponding supplement; check the amounts and means of payment and inform the Travel Agency at the time of booking. 

6) Holidays

During the holidays in each country and city it is possible that the transportation, shops, museums, shows, etc. vary their normal times and even remain closed without notice; similarly, these holidays can alter the transit of roads and prolong the duration of transfers. In the case of streets cut off to traffic preventing the arrival to the hotel, the transfer of luggage from the stopping point will be borne by the customer.

7) Thefts

Smart Insiders is not responsible for any losses that customers may suffer, due to any crime committed during the trip and their stay at the destination. You are also informed that you must make it known to the administrative authorities or police authorities of the place where the event occurred.

The Smart Insiders staff does not perform the duties of monitors in any case, but merely accompanies passengers during the trip, therefore being exempt from any liability with respect to the conduct of monitors.