Terms and conditions
General Conditions of Smartinsiders.com service’s
The terms and conditions below regulate the access and use of the website www.smartinsiders.com, property of the travel agency Nevestex S.L (henceforth Smart Insiders), with CICMA Nº 3493 and address at C/ Princesa 2, 28008, Madrid, Spain.
Identification of the parties:
The party of the first part, Nevestex S.L (henceforth Smart Insiders), address at C/ Princesa, 2, 28008, Madrid, Spain, registered in the Registro Mercantil of Madrid, File 81, and Tomo 33.098. Page number: M-595674. Entrance Number 1, CICMA Nº 3493. Phone number 914 938 978 and email address as info @ smartinsiders.com
The other party, the Client, henceforth User, accesses the website to get information and hire the services offered on our website.
The User declares that he/she is of legal age (over 18 years old) and has the legal capacity to acquire the services offered through the website in accordance with these General Conditions, which he / she understands in its entirety. In the case of being hired by a minor, Smart Insiders will not be in any case responsible for assuming the expenses that the minor could cause, and the parents or legal guardian should take responsibility for this.
The use of the Website constitutes the agreement between the User and Smart Insiders, by which it expressly accepts full and unreserved adherence to each and every one of the General Conditions published by Smart Insiders at the very moment that the User accesses the portal, especially those established on the limitation of liability of both Smart Insiders and any provider of tourist or travel services. Therefore, the User must carefully read the General Conditions on each of the occasions in which he/she intends to use the website, since they may have undergone modifications since the last time that it was accessed.
Special Conditions
1) User Obligations
The user agrees to make appropriate use of the services and content that Smart Insiders offers and not to use them to:
- Carry out illegal or criminal activities, contrary to good faith, morality and public order, to uses, and/or to violate the regulation on intellectual or industrial property, or any other rule of the applicable legal order.
- Disseminate content or propaganda of a racist, xenophobic, or pornographic nature, apology of terrorism, or that violates human rights.
- Introduce or spread on the network data programs (viruses and harmful software) that may cause damage to the computer systems of Smart Insiders, its suppliers or third-party users of the Internet network.
- Transmit usernames and passwords to unauthorized third parties, and if their passwords become known to an unauthorized user, you agree to immediately inform Smart Insiders, which reserves the right to modify for the protection of the service.
- Make available to other users, send by e-mail or, in some way transmit, any content that, in accordance with applicable provisions or existing contractual relations, you are not authorized to transmit (such as privileged information, information protected by industrial or intellectual property rights or information on which it has a duty of confidentiality).
- Transmit unsolicited or authorized advertising, advertising material, “junk mail”, “chain letters”, “pyramid structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for it.
Likewise, users are expressly forbidden to reproduce, duplicate, copy, sell, resell or exploit for commercial purposes, any section of the service, use or access to it.
2. Access and the use of User’s passwords
After signing up for our Website, the User will have a username (his/her e-mail) and a password chosen by the client and that will be later communicated by e-mail.
The user is responsible for guarding and treating the password in a confidential way, avoiding the access of it from unauthorized third parties. The User agrees to be responsible for the economic consequences derived from any use of the Website that occurs through the use of the User’s password provided by Smart Insiders, as well as for the use of the User’s password by third parties.
Likewise, the User declares that all the information provided by him / her in order to access the website and during the use of the website is true, complete, and accurate and agrees to keep it up to date during the subsequent uses that may be made of the services offered on the Website.
3. Informative content and responsibility limitations:
The information contained on the Website is offered for the convenience of the User. The elaboration and updating of information on offers, products or services, prices, routes, tours, features and any other relevant information and information about the products and services offered through the website, corresponds to the respective Suppliers of products, services or organizers of the travel packages, without Smart Insiders being responsible for the maintenance, supervision or updating nor is it possible to verify the veracity, updating, accuracy or completeness of said information.
Notwithstanding the provisions of the preceding paragraph, Smart Insiders, in compliance with its standards of quality and integral attention to the User, develops its best efforts in order to continuously review the information published using their technology and qualified personnel; however, such information is not exempt from containing exceptional inaccuracies, misprints or any kind of material material or arithmetic error generated unintentionally. Smart Insiders does not guarantee the accuracy or reliability of the information or the content of the Website, nor can it be equally implied in the liability attributable to the service providers for the erroneous data provided by them for the marketing of the services by of the website. In particular, Smart Insiders shall be entitled to refuse all liability in the event of typographical or numerical errors with respect to those that would have operated it with due diligence and immediacy and in good faith for both its correction and to inform the User in this respect and to reimburse any advance amounts, if any; this exemption from liability will be particularly applicable in cases of purchases of services where a sale price is found disproportionately mismatched with respect to the reasonable market value of the product and therefore notoriously flawd for the perception of an average user.
4. Applicable Law and Jurisdiction
These Terms & Conditions, as well as the relationship between Smart Insiders and the user regarding them will be governed by Spanish law. The Courts of the consumer’s domicile shall have jurisdiction to hear any dispute arising from these conditions.
5. Products and Services Acquisition
Through the Website, the User has access to information about products and services of third parties related to tourism and travel and, in certain cases, may make reservations and purchases of some of these products from the corresponding Smart Insiders’ suppliers or travel packages.
The contracting of services will be carried out in accordance with (i) these general conditions, (ii) the specific general conditions established for each type of service (hotels, hostels, trips, as well as any other available at any time on the Website), (iii) the particular conditions that could be established for the specific services contracted, as well as (iv) the corresponding implementing regulations. Notwithstanding the foregoing, the contracting of travel packages shall be subject in particular to the provisions of Book IV of Royal Legislative Decree 1/2007, General Law for the Defence of Consumers and Users, especially Title II, Articles 159 and 160.
The User agrees to accept and respect the purchase terms and conditions established by any supplier or organizer with which he chooses to contract, including payment of any accrued amounts and in compliance with any rules and restrictions regarding the availability of rates, products or services.
The product or service suppliers and the travel package organizers, each within the scope of their respective obligations, shall be liable to the User for the fulfilment of the obligations derived from the regulations in effect and the sale terms and conditions for each one of the products and services or travel package that is contracted, without Smart Insiders assuming any obligation or liability whatsoever with regard to the products or services that it does not provide directly.
All reservations made on our Website are recorded and therefore automatically archived in our system. Proof of this is the reservation confirmation page, which automatically indicates the confirmation and all of its details to the client. The client will also always be given a contact phone number to resolve any questions or inquiries.
The contract for acquiring services through the Website will be formalized in Spanish.
The acquisition of any service provided by the offering company implies acceptance of the general conditions in their entirety. The exclusion of any of the conditions shall be expressly agreed upon and appear in the document justifying the purchase of the service.
6. Target Audience
Our events are aimed at the following public:
- Au Pairs
- International Students
- Erasmus
- Doctoral students
- Language assistants (Auxiliaries)
- Students doing an internship
- Similar ones to the previously mentioned
- Family of the above mentioned (by paying 10% extra for Day Trips and 25% extra for longer trips) – only for the trips and by prior agreement
Ages between 18 – 40 years (except for family members, who may be older, or except for master’s or PHD students who may be older, but who meet the characteristics of being an exchange student or similar).
7. Method of Payment
The User agrees to pay for the services or contracted products using any of the following means of payment that will be detailed on the payment page:
- Debit Cards (Visa Electron and Maestro) or Credit (Visa, Master Card), both in payments via the web as well as in the Smart Insiders’ offices.
- Payment in cash, at any of the Smart Insiders offices.
The purchase of any product will only be effective at the time Smart Insiders validly charge the total amount of the trip on the credit card provided by the User, or the amount of said purchase is received in cash, but until then it could be cancelled by Smart Insiders without the user being entitled to any claim.
The act of requesting a reservation implies the commitment by part of the client to authorize the charge on the credit card that he or she provides. In the event that it is not possible to charge the credit card (charge rejected), the User accepts that Smart Insiders will not issue the reservation made.
The prices indicated on the Website do not include the visa costs, nor the exit fees of a territory, which must be paid directly at the destination.
8. Documentation Delivery
Once the payment of the trip has been made, Smart Insiders will deliver the travel documents to the customer by sending them directly to their e-mail address.
After the formalization of the reservation, the User must review its content in order to identify possible material errors in the data entry; in order to process your correction, call the telephone number of our reservation centre that corresponds to the list or send an e-mail to reservas @ smartinsiders.com, providing the identification details of the reservation.
9. General conditions of the travel package services
FIRST. – OBJECTIVE. The Traveler has expressly agreed to the Terms & Conditions.
SECOND. – PRICE:
- 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. - The Agency shall communicate the price modification to the Traveler justifying the reasons for the corresponding modification.
- 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:
- 20 calendar days before the start of the travel package for trips longer than 6 days,
- 7 calendar days before the start of the travel package in the case of trips between 2 and 6 days,
- 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:
- The traveler will be able to transfer the the travel package contract to a person who meets all the conditions applicable to that contract.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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 fee will have to be paid.
Management Fee:
- 1 day trips (no overnight stay): 4€
- To change the date/name of an cultural or sports event: 2€
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.
10. Exemption of liability
The User agrees to follow the following rules and behavioral patterns:
1) Respect the itinerary marked by Smart Insiders.
2) Respect the timetable established in the itinerary submitted by Smart Insiders. (Be punctual at all times established; in the event of not being on time at the meeting points, the user has to transport his or her own self to the next meeting point to meet again with the Smart Insiders group, understanding that Smart Insiders have no obligation to wait more than the established time on the schedule.)
3) About the consumption or possessing of drugs
3.1. The user agrees to not use drugs on the bus
3.2. The user agrees to not carry drugs on the bus
3.3. In the event of drug possession, the user understands that Smart Insiders will prohibit the entrance onto the bus and that they can call the local authorities.
4) About the consumption of alcoholic beverages on the bus. (The user can store his or her alcohol in the trunk of the bus always within the allowed regulations by the countries in which the trip is passing through).
4.1. The user agrees to not consume alcoholic beverages on the bus, regardless of their alcohol content.
4.2. The user agrees to not carry liquor in the compartment where travelers are.
5) The user understands that the consumption and possession of drugs is illegal in the countries we are traveling to during the trips.
6) The user agrees to not endanger his or her travel companions, either by possessing drugs, glass bottles on the bus, allowing strangers to enter bedrooms or the bus.
7) Smart Insiders is not responsible for the effects that drugs or alcohol could produce. The user understands that if he/she uses them, it would be under his/her own risk and responsibility, whatever these effects may be.
8) The user agrees to be expelled from the trip if he/she does not behave properly during the trip. The user understands and agrees that Smart Insiders has no obligation to give full or partial refunds, because the user understands that all activities and hotels are already booked.
9) The user understands that he/she is old enough, with the power to make decisions, understanding that any act or activity is under his/her own risk and responsibility.
10) The user pledges to carry documentation that identifies him or her and that each country determines according to their current legislation. The user will carry his/her passport that is valid for, at least, 6 months before it expires and must have a visa (if necessary) that allows the entry to countries on the itinerary that will be visited.
11) In event of not carrying the necessary documents to enter a country and the entry into a country is denied, the user will assume the responsibility and Smart Insiders has no obligation to refund any money or give any compensation, as he or she has been told the necessary information for the trip.
12) If the user has any problems with the law or the police stops him/her because of poor behavior, the user understands that Smart Insiders has no responsibility and has no obligation to refund the money or give any compensation.
13) In the event that the user does not respect the itinerary, he/she agrees that Smart Insiders does not have any obligation to pay for transportation to reach the group again or, in case that he/she has to travel to another country or get back to Spain on his/her own, the user will have to pay for all these expenses and understands that Smart Insiders has no responsibility.
14) If the user does not arrive at the scheduled time for an activity, whether it is included in the trip or it is an optional activity, he/she understands that it has been his/her responsibility and Smart Insiders Smart Insiders has no obligation to return any refund, nor the obligation to replace/reschedule the activity.
15) About lost luggage:
15.1. About the loss or theft of belongings or luggage in one of the hostels and hotels during the tour: Smart Insiders has no responsibility for the loss or theft of personal belongings or baggage. It is the responsibility of each user to ensure the safety of their belongings. If this happens, the complaints must be directed to the address of the establishment where this occurred.
15.2. About the loss or theft of belongings or luggage during one of the activities, whether they are within the itinerary as those optional during the tour: Smart Insiders has no responsibility for the loss or theft of personal belongings or baggage. It is the responsibility of each user to ensure the safety of their belongings. If this happens, the complaints must be directed to the address of the establishment where the activity took place and where this event has occurred.
15.3. About the loss or theft of belongings or luggage inside of the bus or in the trunk of the bus: Smart Insiders has no responsibility for the loss or theft of personal belongings or baggage. It is the responsibility of each user to ensure the safety of their belongings. Except in the event that any negligence or liability can be demonstrated by the Smart Insiders organization. In this case he/she will be compensated according to the existing Spanish regulations.
16) Smart Insiders has the right to change the itinerary if weather conditions are bad or because of any “force majeure” or any health and safety concerns as COVID-19. In this case, the coordinator of the trip will make the decision and has the obligation to communicate such changes to the group.
17) Smart Insiders is not responsible for changes to the itinerary caused by adverse weather conditions or causes of “force majeure”.
18) Smart Insiders is not responsible for the delay in departure of the ferries or planes, which is beyond their power of action and decision.
11. Privacy Policy
For more information you can consult our política de privacidad.
Copyright, Trademarks, Software
All of the content from smartinsiders.com ’s website, including contents, brands, graphics, logos, icons, buttons, images and software, are property of Smart Insiders or its content providers and are protected by national and international norms of industrial and intellectual property.
The selection, compilation, ordering, programming, design and assembly of all the content of the Website is the exclusive property of Smart Insiders and is protected by national and international standards of industrial and intellectual property. All software used on the Website, owned by Smart Insiders or its providers is protected by national and international intellectual and industrial property laws.
Any other use of the content or photographs of the Website, including the reproduction, modification, distribution, transmission, subsequent publication, exhibition or total or partial representation of it without the express consent of Smart Insiders or its suppliers is strictly forbidden.
Smart Insiders, smartinsiders.com, Oh!Madrid and other names of products, services, graphics and logos are trademarks protected by Smart Insiders in the European Union and in other countries. The denominations of other products, services and companies mentioned in this document may be trademarks of their respective owners.
General information, legislation and jurisdiction
Smart Insiders reserves the right to modify, limit or cancel these General Conditions at any time.
In any case, the conditions that were in effect when the client formalized the reservation, or later if they were more favourable to the interests of the consumer.
If any clause included in these general conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said clause or the part of it that is null or ineffective, with the general conditions remaining in all other respects, having such provision, or the part thereof that was affected, for not putting it.
Smart Insiders reserves the right to deny or withdraw access to the website at any time and without the need for prior notice to those Users who fail to comply with these General Conditions or who misuse the services and contents published on it.
These General Conditions will be subject to Spanish legislation. The parties conform, by their choice, for the resolution of conflicts and with waiver of any other jurisdiction, to the courts of the domicile of the User.
The User may exercise the rights of access, rectification, cancellation, opposition, portability and forgetfulness that the GDPR grants by sending a certified letter to the company Smart Insiders, with attention to the OPD (Official Data Protection) or by writing an email and sending it to the email privacy @ smartinsiders.com (Grupo NEVESTEX S.L) C/ de la Princesa, 2. 28008 Madrid (Spain) in the terms established by the Data Protection Agency.
Additional information: You can consult additional information in Privacy Policy on our website: www.smartinsiders.com