GENERAL TERMS AND CONDITIONS

1.    Scope

The following general terms and conditions of LAST PLACES (hereinafter referred to as “LAST PLACES” or “The Holder”), are applicable to your order or reservation in the version in force at the time of contracting the service.

 

The terms and conditions apply exclusively to contracts made through the Internet portal and shall comply with the provisions of current legislation and, in particular, with Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

 

2.    Identification of the Holder

·         Name of company or firm: LAST PLACES, S.L.

·         Identity or tax identification number  : B-67217018.

·         Postal address: Calle Esteve Pila, 28-34, Bloque 4, Esc. 1- 2º-2ª – 08173 – Sant Cugat del Vallés, Barcelona (Spain).

·         E-mail address: contact@lastplaces.com.

·         Contact telephone number: + 34 637 814 624.

·         Registration details in the Mercantile Register: Barcelona Mercantile Register, Book 46413, Folio 109, Page 519173.

The address for the purpose of complaints shall correspond to the address indicated as the Holder’s address.

 

3.    Object

These general contracting conditions (hereinafter, the “Conditions”) regulate the contracting of the services that are offered through the LAST PLACES website, as well as the rights and obligations of the parties, derived from the service provision operations agreed between them, more specifically, the booking of trips, the dates and places of departure and return, itineraries, accommodation, transport, minimum requirements for participants, as well as all the necessary information for the traveller.

 

These conditions shall be complementary to the specific conditions of each trip, which shall be communicated in writing to the travellers and shall form part of the final travel contract. In these special conditions, the price of the trip, dates and places of departure and return, itineraries, accommodation, transport, minimum requirements for participants, other inclusions or exclusions, as well as all the necessary information for the traveller are detailed, among other things.

 

4.    Service contracting

The contracting of a service through the LAST PLACES website implies acceptance by the Client / User of all the conditions stipulated in this document.

 

When the Client / User contracts a service or books a specific trip, and concludes an agreement with LAST PLACES, the price and conditions will be indicated in advance before any payment is made. Final payment up to the full amount must be made 30 days before the departure date of the trip.

 

To obtain any clarification, make a complaint or if any incident arises in relation to its service, the Client / User may contact the Holder at the e-mail address contact@lastplaces.com.

 

5.    Recruitment process

In order to contract the services offered by LAST PLACES, you must fill in the fields with the required data and accept these Terms and Conditions. This acceptance will signify express, full and unreserved conformity with all the general conditions set out in the version published by LAST PLACES and will bind both parties.

 

LAS PLACES shall ensure that all services offered have the legal coverage, quality guarantees and, where appropriate, the corresponding insurance.

 

LAST PLACES may use third party providers such as payment gateways and other transaction processors to make payments for services. Each one has its own conditions and policies. All transactions will be carried out through secure payment platforms and with total guarantee of confidentiality of your data.

 

With regard to the methods of payment, LAST PLACES informs you that they may be formalised by any of the following procedures:

 

–       Bank transfer.

–       Visa or MasterCard credit card.

The booking of the trip will be considered formalised once the Client / User has paid the deposit of 40% of the PVP. The Customer must also pay the remaining 60% at least 30 days before the departure of the trip.

 

6.    Prices

The price of the services is the price indicated at any given time on the Website.

 

The prices shown do not include VAT or the corresponding tax depending on the territory.

 

Services requested out of the start and end dates of the program are not included in the price of the travel package (extra hotel, and transfers from the airport to the hotel and vice versa, out of the program start/end dates).

 

Services not enjoyed due to the traveler’s arrival later than scheduled or early return will not be refundable, either for reasons beyond our control (changes/cancellation of flights, etc.) or for personal reasons of the traveler.

 

Services not enjoyed due to the traveler’s arrival later than scheduled or early return will not be refundable, either for reasons beyond our control (changes/cancellation of flights, etc.) or for personal reasons of the traveler.

 

7.    Pricing error

If it is detected that there has been an error in the introduction of the price after the purchase or reservation by the Client, LAST PLACES must inform the Client as soon as possible to inform them of the incident, and offer them the option of cancellation or maintenance under the correct conditions.

 

The automatic confirmation does not validate erroneous price conditions. In case of cancellation, any amount paid by the customer will be refunded.

 

The definitive price will be the price in force in the advertisement coinciding with the moment of formalising the reservation, without prejudice to any updates that may take place.

 

The Proprietor makes every effort within its means to provide accurate and typographical error-free information on its Website.

 

8.    Other expenditure

In the event that there are additional costs for the service, they will be communicated to the Client and itemised in the final price prior to payment for the contracting of the service.

 

9.    Right of withdrawal

The consumer has the right to withdraw from the contract within 30 calendar days without giving any reason. The right of withdrawal entitles the Customer to return the contracted goods without having to justify his decision. The consumer has a period of 30 calendar days from the day following the day on which the service is provided.

 

The right of withdrawal shall not apply in the following cases:

 

·         In the case of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.

 

·         When the nature of the good or service makes it impossible to terminate the contract.

 

·         Provision of services fully performed with the express consent of the consumer or user.

 

·         Goods which after delivery and taking into account their nature have become inseparably mixed with other goods.

 

·         Goods made to consumer and user specifications or clearly personalised.

 

·         Goods likely to deteriorate or expire rapidly.

 

To exercise the right of withdrawal, you must notify LAST PLACES at our postal address Calle Esteve Pila, 28-34, Bloque 4, Esc. 1- 2º-2ª – 08173 – Sant Cugat del Vallés, Barcelona (Spain), as well as at the e-mail address contact@lastplaces.com your decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post, fax or e-mail). You may use the following withdrawal form[JAM1]  below, although its use is not compulsory.

 

If you allow this period to expire, but during the course of the agreed contract you wish to withdraw from the contract and request a refund of payment, if applicable, the right of withdrawal does not apply.

 

You also have the option of electronically completing and submitting the model withdrawal form or any other unequivocal statement via the Website. If you make use of this option, we will inform you without delay in a durable medium (e.g. by e-mail) of the receipt of such withdrawal.

 

In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.

 

Consequences of withdrawal:

 

In the event of cancellation by Users, provided that this has been requested outside the 30-day period and, unless it is due to reasons of force majeure, they will be charged a cancellation fee of 300 euros, as well as a penalty consisting of 5% of the total amount of the trip, if the cancellation occurs more than 10 and less than 15 days before the start of the trip, 15% between 3 and 10 days before the start of the trip, and 25%, if it occurs within 48 hours prior to the start of the trip. In case of not showing up at the departure time and place, the client will pay the whole amount.

 

If the withdrawal has been requested within the 30 days provided for this purpose, the amount paid by the Customer / User will be refunded. The amount and method of reimbursement of payments during the term of the contract, in the event of termination or breach of the contract, will be paid as agreed by the parties, without such reimbursement having to be made compulsorily through the Website.

 

Notwithstanding the above, there are some payments that are non-refundable, such as the following:

 

–        Insurance extensions, as long as they are not included in the basic assistance insurance included in the package.

–       Air tickets, visas and visa formalities.

–       Special requests, such as permits for the tracking of certain animals or the use of exclusive transport (charter flight), as well as any service that requires advance payment to the local provider for booking.

In order to guarantee the best service, the Holder must pay its local suppliers once it has received 100% of the amount of the Clients’ reservation (between 20 and 30 days before the start of the trip). In fact, there are certain services that The Holder must pay for before these deadlines, and which in no case are reimbursed, such as the issuance of internal flights within the country, or certain logistical services with limited supply, such as tickets to National Parks, or accommodation in areas with limited hotel offerings.

 

Therefore, those amounts advanced to suppliers by the Holder that are non-refundable will also not be paid to the Client in the event of cancellation or withdrawal.

 

LAST PLACES reserves the right to refuse requests for returns or cancellations communicated or sent after the deadline.

 

The withdrawal must fulfil all these conditions to be accepted.

 

 

10.  Complaints

In accordance with current legislation, the Client is advised of the need to inform the organiser or retailer, and if applicable, the service provider in question (hotelier, carrier, local agent, etc.) as soon as possible, in writing or in any other form that can be recorded, of any non-compliance or deficiency in the execution of the contract that has been ascertained. The Client is in possession of the General Conditions of Travel contained in the brochure, offer or appendix mentioned in the particular conditions of this contract, as well as the Special and General Conditions of Travel, which he/she is aware of and acknowledges having signed.

 

11.  Delivery, performance and execution of the contract

The services deriving from the package travel contract result from the information provided to the Client in the pre-contractual information and shall not be modified unless expressly agreed between LAST PLACES and the Client.

Prior to the start of the journey, LAST PLACES shall provide the Client with receipts, vouchers, tickets and other information necessary for the provision of the services.

 

12.  Duration of the contract

The duration of the contract shall be subject to the duration agreement established by the parties, although in general it shall extend to the period of time between the booking of the trip or service and the end of the trip.

 

13.  Obligations of Users

All LAST PLACES Customers or Users must make correct use of our Website and our facilities, and are solely responsible for any possible damages that may be caused to LAST PLACES or third parties due to their lack of diligence or wilful actions. Parents shall also be responsible for supervising their children at all times, exonerating LAST PLACES from any liability for accidents or damage caused by unsupervised children.

 

Minors, in addition to having their personal and travel documents in order, need the authorisation of the parent or legal guardian to travel and to carry out any contractual procedure, if applicable. The name, address and telephone number at which direct contact can be made with the travelling minor or those responsible for his or her stay is included in the final documentation given to the consumer in this act.

 

The Customer / User hereby accepts responsibility for the truthfulness and accuracy of the data and information provided to us as a result of the online service contract.

 

LAST PLACES reserves the right to restrict or deny the provision of a service to the Client / User if it becomes aware that said Client / User has breached the contracting conditions, the general conditions of use of the Website, the privacy policy, as well as any other particular conditions that may be agreed.

 

14.  Insurance

The trips include a basic assistance insurance. The customer has the option of taking out an optional supplementary insurance policy.

 

15.  Transfer of reservations

The Client may transfer the booking to a third party by notifying LAST PLACES more than 15 days prior to the departure of the trip, provided that the person meets the same requirements as the contracting client, and paying the Agency any management fees that may apply. It may be the case that, depending on the type of service, the Client may not be able to transfer his/her reservation to third parties.

 

16.  Disclaimer

LAST PLACES shall not be liable for any misuse carried out by Customers / Users registered on the Website. In this regard, any damage caused to third parties of any kind, loss, theft or damage shall not be the responsibility of the Owner. Customers are also responsible for their personal belongings.

 

LAST PLACES shall not be liable in situations beyond its control, such as strikes, natural disasters or technical breakdowns, which may cause disruption or cancellation of bookings.

 

LAST PLACES has the right to cancel in the event of impossibility of making the trip due to force majeure (natural disasters, political situation, conflicts in the destination country that do not guarantee the safety of the traveler, border closures, etc.). Services paid by the organization to local suppliers, as well as expenses incurred by the traveler (travel insurance, air tickets, visas, etc.) will not be refundable.

 

The itinerary proposed in the program will be fully respected as long as there are no external factors to the organization of LAST PLACES that force its modification: changes or cancellation of flights, unexpected changes in the weather, police or military controls, etc. Our team strives to respect the proposed program and activities and in the event of having to modify any aspect of it, the best possible alternative proposals will be sought.

 

LAST PLACES is also not responsible for any illegal activities that may be carried out through the Website, and Customers must respect the rules of the establishments, including the rules of conduct. Any inappropriate, violent, disruptive or illegal behaviour may result in expulsion from the establishment without refund.

 

When formalizing the reservation of the travel package, the Customers / Users state that they have been informed about the political and social situation of the country to which they are going to travel, according to the information published on the website of the official institution of their country of origin, and express their willingness to make the trip, exempting LAST PLACES from liability.

 

17.  Industrial and intellectual property

The products or services that we provide for booking through our Website are subject to copyright. In addition, those logos, trademarks, texts, icons and other content subject to industrial and intellectual property rights are protected by the laws in force and applicable to the matter. The Holder has obtained the authorisation of the holder of these rights to make use of these contents or materials.

 

18.  Conflict resolution

Any disputes that may arise between the Client / User and LAST PLACES as a result of a breach of the terms and conditions of contract shall be governed by the provisions of current legislation, being applicable the rules of Spanish law.

 

If any provision of these terms is held to be invalid or unenforceable, such provision shall be deemed severable and shall not affect the validity of the remaining provisions.

 

Please be informed that there is a European platform for online out-of-court settlement of disputes relating to contractual obligations arising from sales or service contracts concluded online between a consumer and a trader resident in the European Union, through the intervention of an ADR entity.

 

In the event of a dispute or breach of contract, you can file a complaint online on the portal provided for this purpose by accessing the platform here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES.