General Terms and Conditions for Balé-Mallorca Excursiones

These General Terms and Conditions (the “Terms and Conditions”) govern the use of services offered by “Balé-Mallorca Excursiones” (the “Platform”) and (the “User” or, collectively, the “Users”). The current wording of these Terms and Conditions is available to all Users who visit or use Balé-Mallorca Excursiones.

1. INFORMATION ABOUT Balé-Mallorca Excursiones

In accordance with Law 34/2002 of July 11, 2002, on Information Society Services and Electronic Commerce, Law 7/1998 of April 13, 1998, on General Conditions of Contracts, and Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Protection of Consumers and Users, we provide the following information regarding Balé-Mallorca Excursiones: I. Company Name: Balé-Mallorca Excursiones II. Registered Office: 07015 Palma III. TAX IDENTIFICATION NUMBER: Z-0710317-J You can contact Balé-Mallorca Excursiones by sending an email to: Bale.excursiones@gmail.com

2. GENERAL CONDITIONS

A- General Description

1. Through the Platform, Users can book a series of excursions (as defined below) published in the catalog, which are, in turn, marketed and actually carried out by third-party tour operators (the “Third-Party Tour Operators”). Therefore, through the services provided by Balé-Mallorca Excursiones via the catalog, it will manage the “online” reservations of excursions (the “Services”) made by Users, which will subsequently be carried out and/or developed by the Third-Party Tour Operators for the benefit and interest of the Users, and thus subject to the corresponding contractual relationship with the Third-Party Tour Operator, with full indemnity for Balé-Mallorca Excursiones in this regard.
2. For these purposes, the services provided by Balé-Mallorca Excursiones through the Platform consist of managing and processing “online” bookings for excursions made by the User. Balé-Mallorca Excursiones acts as a mere intermediary in the contractual relationship that is subsequently established between the User and the Third-Party Tour Operator, merely transmitting the relevant booking data to the Third-Party Tour Operator and sending the User a confirmation email in the form of a “voucher.”
3. The information displayed by Balé-Mallorca Excursiones on the Platform for service provision is based on the information and images provided by each of the Third-Party Tour Operators, which are not binding on Balé-Mallorca Excursiones in any way.
4. For the purposes of these Terms and Conditions, “Excursions” are considered to be leisure services and/or activities provided by the Third-Party Tour Operators themselves, as well as any other action, activity, and/or service similar to the above.

B- Acceptance of the Terms and Conditions and Privacy Policy Accessing and using the Platform implies acceptance of the Terms and Conditions and the Privacy Policy.

C- Modification of Terms and Conditions The Terms and Conditions may be modified at any time. Any changes or modifications to the Terms and Conditions will be communicated to Users at the time of their access to the catalog.

3. DURATION

These Terms and Conditions are valid indefinitely as long as the User maintains these conditions.

4. PROCEDURE FOR BOOKING EXCURSIONS

1. To book an excursion through the catalog, the User must provide personal data (I) name and surname, (II) email address, and (III) contact phone number), so that Balé-Mallorca Excursiones can provide the service and, consequently, formalize the booking of the requested experience by the User. By accepting these Terms and Conditions, the User declares and guarantees, for the benefit and interest of Balé-Mallorca Excursiones, that the information related to personal data entered in each of the excursion bookings made by them is true, correct, complete, accurate, and updated for effective identification both by Balé-Mallorca Excursiones and the corresponding Third-Party Tour Operator. It is expressly stated that Balé-Mallorca Excursiones does not assume the obligation or have the technical means necessary to verify the identity of those making the excursion bookings. Balé-Mallorca Excursiones may be freely authorized to, if deemed necessary, request the User to send a copy of their national identity card (DNI) or valid passport, in order to verify their identity and, thus, confirm and/or complete the booking process.
2. Balé-Mallorca Excursiones reserves the right to reject, at its own discretion, any excursion booking whose content and/or purpose does not comply with the purposes and/or convenience of the Platform and to terminate any person who does not comply with any of the obligations contained in these Terms and Conditions, without the User being able to obtain any compensation from Balé-Mallorca Excursiones.
3. As Balé-Mallorca Excursiones is a mere intermediary in the relevant contractual relationship that the User must establish with the Third-Party Tour Operator for the use and/or development of the Excursion, at the moment when the User makes the booking for the Excursion, they must immediately pay for the reserved service by credit or debit card.
4. For these purposes, the booking of the excursion is considered fully formalized only when the User has (I) completed the required information and (II) made the full payment for the excursion.
5. After booking an Experience, Users will receive an email in the form of a “voucher” confirming the booking of the Excursion.

5. CONDITIONS AND SPECIFIC FEATURES OF EXPERIENCES

1. Once the booking process for the Excursion is completed, the User (and, if applicable, their companions) must go to the facilities on the date (and, if applicable, at the time) when the Excursion is to take place. The User must provide a copy of the booking voucher and present, upon request, the original of the national identity card (DNI) or a valid passport, their own and, if applicable, that of their companions.
2. Without prejudice to the provisions of these Terms and Conditions, bookings for Excursions made by Users are subject to the specific conditions and features applicable to each Excursion (the “Specific Conditions of the Excursions”). These conditions and features will be available in the description of the Excursion in the catalog, as well as in the confirmation voucher sent to the User once the booking for an Excursion has been formalized.
3. Notwithstanding the above, the User acknowledges and accepts that the Specific Conditions of the Experience included in the catalog contain, for all intents and purposes, merely basic information regarding the conditions and characteristics of the excursion provided by the Third-Party Tour Operator to Balé-Mallorca Excursiones; which will therefore be conditioned by the norms, interests, and/or convenience of the Third-Party Tour Operator at any time, with full indemnity for Balé-Mallorca Excursiones.
4. For these purposes, photographs, videos, and other identification elements of the Excursion do not, under any circumstances, have a contractual nature and, therefore, cannot bind Balé-Mallorca Excursiones and/or the Third-Party Tour Operator in any way.
5. Users acknowledge and accept that, although Excursions are actually purchased from Balé-Mallorca Excursiones (and carried out by) Third-Party Tour Operators, the use and execution of each Excursion will be strictly subject to the rules of use and/or utilization of the Excursions, as well as any other applicable rules established by the Third-Party Tour Operator for the use and access to the facilities for carrying out the Excursions, with full indemnity for Balé-Mallorca Excursiones in this regard.

6. CANCELLATION AND MODIFICATION POLICY

1. The conditions for cancellation and modification of excursion bookings are as follows: By default, excursion bookings can be cancelled and/or modified free of charge up to 72 hours before the date of the excursion, with exceptions for force majeure (flight cancellations, medical certificates prohibiting the activity, etc.).
2. Refunds for amounts paid to book the experience will be made to the credit/debit card originally charged.
3. In case of no-show, cancellation, or modification of the excursion booking after the established deadline, the customer will have to pay the full price of the excursion.

7. RESPONSIBILITY FOR THE DEVELOPMENT AND/OR USE OF EXPERIENCES BY THIRD-PARTY TOUR OPERATORS

The User acknowledges and accepts that Balé-Mallorca Excursiones acts as a mere intermediary in the contractual relationship between the User and the Third-Party Tour Operator for the development and/or use of the excursion. Therefore, any damage and/or harm that may be caused and/or suffered directly or indirectly by the User (or their companions) who has booked and/or contracted an excursion from a Third-Party Tour Operator (including, but not limited to, those occurring due to changes in the characteristics of the Excursions, weather conditions, accidents, delays, thefts, physical harm and/or damage to the User’s belongings, etc.), will be the sole responsibility of the User. Balé-Mallorca Excursiones is exempt from any responsibility in this regard.

8. INTELLECTUAL PROPERTY

1. The Platform is the exclusive property of Balé-Mallorca Excursiones, including the texts, graphics, images, photographs, etc., contained therein, and, in general, all creations expressed by any means or medium, tangible or intangible, currently known or to be invented in the future, which are the object of protection by the current Intellectual Property regulations.
2. All rights over the Platform content and/or intellectual property rights belong exclusively to Balé-Mallorca Excursiones. Any reproduction, distribution, transformation, public communication, and any other activity that implies a breach of current intellectual property regulations is prohibited.

9. DATA PROCESSING

1. In compliance with Organic Law 3/2018 of December 5 on the Protection of Personal Data and the Guarantee of Digital Rights (LOPDGDD) and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation or GDPR), we inform you that the personal data provided by you will be processed by Balé-Mallorca Excursiones for the following purposes:
   • To manage the execution, maintenance, development, and control of the contractual relationship.
   • To process bookings and transactions related to Excursions.
   • To address requests, comments, and suggestions made by Users.
   • To send commercial communications related to Balé-Mallorca Excursiones’ services.
2. Balé-Mallorca Excursiones is responsible for the processing of the data. The data will be processed with the utmost confidentiality and will not be disclosed to third parties without the User’s consent, except as required for the provision of the requested services or as legally required.

10. ENTIRE AGREEMENT

These Terms and Conditions, along with any other legal notice and policies available on the Platform, constitute the entire agreement between the parties and replace any prior agreements or understandings.

11. SEVERABILITY

If any provision of these Terms and Conditions is declared invalid or unenforceable, the remaining provisions will continue to apply and remain valid.

12. APPLICABLE LAW AND JURISDICTION

The Terms and Conditions are governed by Spanish law. Any disputes arising from the use of the Platform or related to these Terms and Conditions will be subject to the jurisdiction of the courts of the User’s domicile.