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General contracting conditions

General terms and conditions.
Booking any tour or activity organized by LYNCIS ECOTURISMO Y MEDIOAMBIENTE necessarily entails prior acceptance of these General Conditions, which will be automatically incorporated into the contract.


1. Of the contracting parties.
On the one hand, FÉLIX LÓPEZ SORIA (hereinafter, LYNCIS ECOTURISMO Y MEDIOAMBIENTE), with registered office at Camino del Matadero, 1 23210 Guarromán Jaén (Spain), DNI 26254264V, responsible for the website www.lyncisecoturismo.com.


On the other hand, the contracting individual or legal entity accessing the website to obtain information and, where appropriate, contract the services offered. This user declares that he or she is over 18 years of age and has the legal capacity to purchase the services offered through this website, in accordance with these General Terms and Conditions, which he or she fully understands and accepts.


The user should carefully read this document each time they access or contract services with the company, as these conditions may have changed since their last visit.
The online sale of any product on the website, whether made via email or other means, does not exempt the customer from the obligation to read and accept these general conditions.
By depositing or reserving the product, the customer accepts the following rights and
obligations listed below.

2. Hiring the service.
Service bookings can be made through the website www.lyncisecoturismo.com, corporate email, or reservations phone.

LYNCIS ECOTURISMO Y MEDIOAMBIENTE is not responsible for the contracting of its services by any means other than those described.

Reservations must be requested through one of these means and formalized by paying 50% of the total amount of the service.


The reservation right will expire three business days after receiving email confirmation of availability and payment details. After this period, the requested spot will be made available to other users.


The remaining amount (50%) must be paid at least 3 days before the start of the service. If the required amount is not paid within the indicated period, LYNCIS ECOTOURISM AND ENVIRONMENT reserves the right to cancel the reservation, without prejudice to the compensation of the
management costs stipulated in this document.

When the user purchases a service 3 days or less before the start date, they must pay in full, without prejudice to the rights to return or refund due to cancellation or other circumstances described in these General Conditions.
When a service is subject to payment conditions other than those expressed herein
document, LYNCIS ECOTURISMO Y MEDIOAMBIENTE must expressly indicate it in the description of the service in question.

3. Payment for contracted services.
The user agrees to pay for the contracted services or products using one of the following payment methods detailed below:


- Payment by deposit, bank transfer or BIZUM within 72 hours before the start of
services to the bank account provided to the user by LYNCIS ECOTURISMO Y MEDIOAMBIENTE
- Any other that may be articulated in the future through the web.


Receipts for transfers made must be kept to justify the contracting of services.


Transfers will be made exclusively in Euros.


The reference currency for prices is the Euro (€).


Users must not accept any payment method other than those described herein. The purchase of any service will only be effective when LYNCIS ECOTURISMO Y MEDIOAMBIENTE receives the purchase amount and proof of transfer. Until then, LYNCIS ECOTURISMO Y MEDIOAMBIENTE may cancel the service, without the user having any right to make any claim.


The prices indicated on the website include only the services specified or included on the website and in the booking conditions, which will be sent via email to the party contracting the services.

 

4. Additional information about the contracted service.

LYNCIS ECOTURISMO Y MEDIOAMBIENTE will provide, in writing or in any other format in which it remains
proof, and with the necessary time before the start of the trip, to the consumers and users with whom they have contracted, the following information:


a) The schedules and places of pick-up of participants.
b) The name, address, and telephone number of the organizer's representative; failing that, the names, addresses, and telephone numbers of local organizations that can assist the consumer and user in the event of difficulties. Where such representatives and organizations do not exist, the consumer and user must, in all cases, be provided with an emergency telephone number or other information that will allow them to contact the organizer.
c) Information, in accordance with current legislation regulating private insurance, on the optional subscription of an insurance contract that covers cancellation costs for the consumer and user.


The information provided in the previous section will be provided no later than when the reservation is confirmed.


Observation services for endangered species are subject to strict confidentiality guarantees.


A firm reservation for an endangered species observation service entails the client's commitment not to disclose the geographic location of the species. Revealing the names of private properties, as well as returning to or entering them on one's own, is prohibited.


If breach of this condition causes damage or harm to LYNCIS ECOTURISMO Y MEDIOAMBIENTE, interfering with the activities or services of other clients, LYNCIS ECOTURISMO Y MEDIOAMBIENTE reserves the right to claim the corresponding compensation from the offender on behalf of the affected client(s) or on its own behalf. The offending client, by accepting these terms and conditions, assumes that if LYNCIS ECOTURISMO Y MEDIOAMBIENTE were to demonstrate its presence at the location or the disclosure of protected data, it could request justified compensation based on the damages caused.

5. Termination of the contract.
On the part of the contracting party:
The user may cancel the contracted services at any time from the
effective reservation of the same, being able to request the refund of the amounts paid. In
In any case, and in order to compensate for the management costs of the contracted service,
establishing the following compensation:


- If the cancellation occurs 15 days before the start date of the service
contracted, the user will have the right to a full refund of the amounts paid.
- If the cancellation occurs between 15 days and 7 days before the start date of the service, the
The user will compensate the provider with 5% of the value of the contracted service.
- If the cancellation occurs between 7 days and 3 days before the start date of the service, the
The user will compensate the provider with 10% of the value of the contracted service.
- If the cancellation occurs within a period of less than 2 days from the start date of the service, the
The user will compensate the provider with 25% of the value of the contracted service.


When the withdrawal from the contracted service is due to circumstances of force majeure, the
The user may be fully reimbursed for the amounts paid. In any case, the user shall state the
reasons to the borrower, who must approve the circumstances that motivated the
cancellation.


- On behalf of LYNCIS ECOTOURISM AND ENVIRONMENT:
a) The occurrence of force majeure, meaning those circumstances
alien to the person invoking them, abnormal and unpredictable, whose consequences could not have been
avoid, despite having acted with due diligence, forcing the cancellation of the
service prior to its commencement will result in a full refund of the amount paid
to date without possibility of compensation for breach of contract by
LYNCIS ECOTOURISM AND ENVIRONMENT.

 

  6. Modification of the conditions of service.
a) When circumstances arise that make it impossible to provide the service without modifying the terms of the service, LYNCIS ECOTURISMO Y MEDIOAMBIENTE will immediately notify the user of the planned modifications to the contracted service. The user will have the option of accepting a modification to the service detailing the modified terms or canceling the service without penalty. Cancellation of the service by the user must be made within two days of the service provider's notification. Otherwise, the user will be deemed to have accepted the modifications.
b) Any financial changes will be communicated to the user at least 10 days in advance. In this case, the user will have a non-extendable period of two days to confirm the service if they deem it appropriate. Failure to confirm the service will be deemed to have resulted in the user's withdrawal from the service, and they are entitled to a refund of all advance payments and no compensation.
c) Adverse weather or environmental conditions will not be grounds for suspension or modification of the contracted services. In any case, LYNCIS ECOTURISMO Y MEDIOAMBIENTE will offer appropriate alternatives to meet the objectives previously set for the provision of the services.
service satisfactorily. If the user continues the service with the alternatives agreed upon by the provider, this will be deemed to be their tacit acceptance of these proposals. Otherwise, LYNCIS ECOTURISMO Y MEDIOAMBIENTE will provide the user with a means of transportation to reach the planned completion point, without the user being entitled to a refund or compensation for unilateral suspension of the service.
If LYNCIS ECOTURISMO Y MEDIOAMBIENTE cancels a booked activity at least one day before its start, the full amount will be refunded.

d) The occurrence of force majeure, meaning those circumstances
alien to the person invoking them, abnormal and unpredictable, whose consequences could not have been
avoid, despite having acted with due diligence, that they force the modification of the
service once started with it, will not constitute a breach of contract on the part of
from LYNCIS ECOTURISMO Y MEDIOAMBIENTE.

7. Obligation of the consumer to report any failure to perform the contract.
The user has the obligation to report any failure to execute the contract.
The user is obliged to communicate to the person in charge of LYNCIS ECOTURISMO Y MEDIOAMBIENTE all
failure to perform the contract as soon as possible - in writing or in any other form that provides proof.
If the service has already begun, the user must notify the company's manager of their disagreement with the execution of the contract. The company will immediately provide an incident report, recording the user's position, the options offered by LYNCIS ECOTOURISM AND ENVIRONMENT, and the terms of the agreement, if applicable.
The terms agreed upon in the incident report will be considered contractual, and their express acceptance by the user will exempt the service provider from any liability arising from the initial breach of contract. If the solutions proposed by LYNCIS ECOTURISMO Y MEDIOAMBIENTE are not satisfactory to the user, they will have one month to lodge a complaint with the company through the company's regular communication channels. LYNCIS ECOTURISMO Y MEDIOAMBIENTE will have ten days to respond to the complaint filed by the consumer, a period that will begin on the day following the submission of the complaint to the organizer.

8. Breach, liability and guarantees. Consequences of failure to provide
services.


Breach
If, after the trip has begun, LYNCIS ECOTURISMO Y MEDIOAMBIENTE fails to provide or finds that it cannot provide a significant portion of the services provided in the contract, it will adopt appropriate solutions for the continuation of the organized trip, without any additional cost to the consumer and user, and, where applicable, will pay the latter the difference between the planned and actual services provided. If the consumer and user continues the trip with the solutions offered by the organizer, it will be deemed that they tacitly accept said proposals.


If the solutions adopted by LYNCIS ECOTURISMO Y MEDIOAMBIENTE are not accepted by the client for reasonable reasons, the client must provide the client, without any additional cost, with a means of transport equivalent to that used on the trip to return to the place of departure or to any other place agreed upon by both parties, without prejudice to any compensation that may apply.


In the event of a claim, LYNCIS ECOTURISMO Y MEDIOAMBIENTE will act diligently to find a suitable and satisfactory solution for both parties. LYNCIS ECOTURISMO Y MEDIOAMBIENTE has the following rights:
A complaints book is available to customers, which they can request at any time. Complaints submitted through this book will not hinder the adoption of agreements that benefit both parties.

Responsibility of LYNCIS ECOTURISMO Y MEDIOAMBIENTE
1. LYNCIS ECOTURISMO Y MEDIOAMBIENTE will be responsible to the client, based on the obligations that correspond to it for its respective area of service management, for the correct fulfillment
of the obligations arising from the contract.
2. LYNCIS ECOTURISMO Y MEDIOAMBIENTE shall also be liable for any damages suffered by the consumer and user as a result of the non-performance or poor performance of the contract. This liability shall cease when any of the following circumstances occur:


a) That the defects observed in the execution of the contract are attributable to the consumer and user.
b) That the defects referred to are due to reasons of force majeure, meaning those circumstances beyond the control of the person invoking them, abnormal and unforeseeable, the consequences of which could not have been avoided, despite having acted with due diligence.
c) That the defects are due to an event that LYNCIS ECOTURISMO Y MEDIOAMBIENTE, despite having exercised all necessary diligence, could not foresee or overcome. In cases where liability is excluded due to any of the circumstances provided for in paragraphs b) and c), the organizer and the retailer who are parties to the contract shall nevertheless be obliged to provide the necessary assistance to the consumer and user who encounters difficulties.
3. Compensation for damages resulting from non-compliance or poor performance of the services included in the service shall be limited in accordance with the provisions of the international conventions governing such services.
4. No exceptions may be established by contractual clause to the provisions set forth in the Breach and Liability sections of LYNCIS ECOTURISMO Y MEDIOAMBIENTE.

Guarantees
a) LYNCIS ECOTURISMO Y MEDIOAMBIENTE will be liable to the user, based on the commitments made for the provision of the service, for the correct fulfillment of the obligations stipulated in the contract, regardless of whether these must be executed by themselves or by other service providers, and without prejudice to the right of LYNCIS ECOTURISMO Y MEDIOAMBIENTE to take action against third parties.
b) LYNCIS ECOTURISMO Y MEDIOAMBIENTE will also be liable for any damages suffered by the user.
as a result of non-provision or deficient provision of the service. This liability excludes the following circumstances:


1. That the defects observed in the execution of the contract are attributable to the user.
2. That the defects referred to are due to force majeure, meaning those circumstances beyond the control of the person invoking them, abnormal and unforeseeable, the consequences of which could not have been avoided, despite having acted with due diligence.
3. That the defects are due to an event that the contractor, despite having put
all the necessary diligence, could not be foreseen or surpassed.
4. In all cases, except for liability attributable to the user, LYNCIS ECOTURISMO Y MEDIOAMBIENTE undertakes to provide the necessary assistance to the user who finds himself in difficulty.

9. Passports, visas and personal documents.
All users, without exception, must carry their personal documentation (passport, visa, or national identity card) in accordance with the transit treaties of the country or countries visited. Users are responsible for obtaining visas, passports, vaccination certificates, or any other documentation required by local authorities at their own expense. If, due to negligence, documentary defects, or personal reasons of the user, the competent authorities refuse to grant visas or entry into the country, LYNCIS ECOTURISMO Y MEDIOAMBIENTE declines all liability for such events, and any costs incurred will be borne by the contracting party. In this case, the conditions established for voluntary withdrawal from the service will apply.


10. Material damage.

LYNCIS ECOTURISMO Y MEDIOAMBIENTE is not responsible for any damage that may occur to the contracting party's material objects during the course of the activity.

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