WILDSEA Europe (www.wildsea.eu) lists and facilitates bookings of nature tourism products and services that are delivered by its Member Operators, thereby promoting and encouraging ecotourism in Europe while supporting European ecotourism operators to reach their target audiences.
The following Terms & Conditions constitute a Contract for the services provided by Wildsea Europe involving a Traveller (the “Client”), a Member Operator (the “Operator”) - Client and Operator together also referred to as “Users” or independently as “Party”-, and us (“Breakaway Travel SL” or “Travelecoology”) - as the travel agent that manages such services - and stipulate the legally binding terms of such Contract. Travelecoology is a travel agent registered in Madrid (Spain) at Paseo de la Infanta Isabel, with Tax Identification Number B-86189982 and Travel Agency licence C.I.C.M.A 2896. Our contact e-mail addresses are firstname.lastname@example.org and email@example.com and we operate this platform, which is hosted at www.wildsea.eu (the “Portal”).
The Portal is designed for the listing, consultation and booking of marine, recreational, leisure and educational tourism activities (“Activities”). If the provisions of this Contract contradict the Legal Notice, the provisions contained in this Contract shall prevail. A hard copy of this Contract may be obtained by printing it or by downloading the file on a computer.
Travelecoology reserves the right to add to, modify and/or remove any of the terms of this Contract, at any moment, by means of a notice in the Portal or by e-mail, with said conditions entering into force as from the moment of their publication in the Portal. The continuity of the use of the services by the User following a notice of modification shall imply the acceptance of said changes.
The Client states that he/she is of legal age and guarantees that he/she is authorized to conclude this Contract in his/her own name. The Client states that the data supplied at the time of booking is current, complete and correct.
The Operator states that he/she/it is legally authorized to conclude this Contract in his/her/its own name. The Operator states that his/her/its registration data is current, complete and correct.
The purpose of this Contract is to regulate the terms and conditions applicable to the listing and booking of Activities through the Portal (the “Service”).
Unless specifically expressed otherwise, the Activities listed in this site are not provided by WILDSEA Europe nor by Travelecoology, but by the Operator that lists, organizes and delivers the activity, which is clearly identified in each listing under the tag "Operator". Each company identified as Operator is responsible for the correct provision of the associated activity and for delivering it in accordance with its own terms and conditions and applicable legislation.
When the Client books and benefits from an Activity, any agreement between the Client and the Operator shall be valid between both parties and Travelecoology shall not be a party thereto. Travelecoology solely:
(i) Facilitates access to the Portal as a tool enabling Operators to list their Activities and Users to make bookings, and;
ii) Acts as an agent authorized to accept, in the name and on behalf of the Operator, those payments made by Users when booking an Activity, which are later transferred to the Operator by Travelecoology net of the applicable commission.
This Contract shall be valid as from the moment of its acceptance by the Client and/or the Operator and shall remain in force until either of the parties notifies the other of its intention not to renew it.
3. LISTING OF ACTIVITIES IN WILDSEA.EU
By registering in Wildsea.eu and listing Activities in the Portal, an Operator becomes a Member of the WILDSEA Europe Route. Any listing of companies and tourism experiences in this site in 2015 and 2016 is the result of the implementation of Project “WILDSEA Europe”. As such, membership to The WILDSEA Europe Route is free of charge over that period.
As member of The WILDSEA Europe Route, your Activities may be promoted in tourism fairs and events, as well as communicated through social media. Your will also enjoy priority access to any information and/or capacity building session organized under Project “WILDSEA Europe” to promote wildlife tourism in Europe.
The data and information published in this website in connection with WILDSEA Europe’s Members and their related services is provided by each Member through its Private Area and it can be modified anytime by each Member, accordingly. By uploading data and activating its publication, Members are granting WILDSEA Europe permission to display such data.
Members of The WILDSEA Europe Route may revoke their membership at any time, addressing their request by e-mail to firstname.lastname@example.org. As Lead Partner of Project “WILDSEA Europe” and owner of this site, Travelecoology is the legal entity responsible for this Portal.
Unless specifically expressed otherwise, the Activities listed in this site are not provided by WILDSEA Europe nor by Travelecoology, but by the Member that organizes and provides the experience, which is clearly identified in each offer under the tag "Operator". Each company identified as Operator is responsible for the correct provision of the associated service.
WILDSEA Europe offers the tourism products and services of Members to end users in order to promote and to encourage ecotourism in Europe and to support European ecotourism operators to reach their target audiences. Operators may list as many Activities in the Portal as they wish.
To list an Activity, the Operator completes a given form (the “Form”), which includes, including but not limited to the title, place and description of the Activity, the public for which it is intended, its availability, images and videos of the Activity, as well as its price, and, where appropriate, any additional expenses and/or discounts. Travelecoology reviews the Form filled-in by the Operator but shall not assume any kind of responsibility or liability derived from said review and from the Activities that are finally listed.
Travelecoology shall not publish any Activities that do not comply with the rules established under the clause “Prohibitions”, whenever Travelecoology is aware that these infringe the intellectual property rights or any other rights of third parties, or if Travelecoology considers so, at its sole discretion, provided that this does not involve an act of discrimination against the Operator.
4. BOOKING OF ACTIVITIES THROUGH WILDSEA.EU
Bookings of listed Activities through this site can be activated at the discretion of each Operator. Any sale or transaction involving a booking of an Activity through this site is subject to a sales commission amounting to 10% of the booking for Operators based in any of the Partner destinations engaged in the Wildsea Europe Route - currently: Basque Country and Catalonia (Spain); Donegal (Ireland); The Highlands (Scotland, UK). Sales of experiences listed by Member operators that are based in non-partner destinations are subject to a sales commission of 20%.
The Client may request a booking for any of the listed Activities in the Portal. When an Activity is booked, the Client will be asked to pay for part or the full booking price in advance of the Activity. Such booking is subject to the approval of the Operator. The Operator will be immediately notified via e-mail of such booking and will have 48 hours to accept or decline the delivery of the Activity to the Client. If an Operator does not respond within 48 hours or declines a booking request, the User will be reimbursed the full price paid and also may be given other booking options by Travelecoology. If the Operator accepts to deliver the Activity, the Client will be notified and its booking will be confirmed. The payment made by the Client will be withheld until 24 hours after the running of the Activity. Between 24 hours and 30 days after the Activity has been delivered, Travelecoology shall transfer the amount paid by the Client to the Operator, net of the applicable Selling Commission (+ VAT) as compensation for the use of this site. The Operator accepts that the amount transferred may take longer due to causes beyond the control of Travelecoology. Any corresponding taxes shall be applied to these transactions, with payment thereof to be assumed by whoever is considered to be the applicable taxpayer by current legislations.
Without prejudice of the guarantees that the Operator may offer the Client, Travelecoology reserves the right, at its sole discretion, to reimburse the Client for the Activity booked whenever the service provided by the Operator does not meet the expectations created by the Operator in the Activity profile showcased in this site. In the event that the Client is reimbursed a booking, it shall not transfer any amounts due for such booking to the Operator.
The Operator is responsible for providing a valid contact e-mail through its Member profile and for updating any contact and invoice information, as relevant.
Any sale or transaction involving a booking through this site will be understood to take place on the premises of the offering Operator, and the act of purchasing through this site implies acceptance of the general and specific conditions applicable, which are defined jointly with the Operator. The language of the contract is website language at the time of entering into the contract.
Operators may modify the details of a listed Activity or cancel its listing in the Portal at any moment through their Private Area or by sending an e-mail to email@example.com. Any changes to the conditions and description of listed Activities shall be effective for bookings made after the date of their amendment. Cancellation of the listing of the Activity shall not affect those Users who have booked said Activity at a previous moment.
Wildsea Europe encourages Clients to give their opinion on the Activities in which they have part taken. Reviews must be objective, true, clear and aim to be useful for other Travellers and Operators.
Travelecoology shall not eliminate or edit the opinions of Users, except in the following cases: (i) a User or any third party notifies Travelecoology that the Review violates the prohibitions established under Clause “Prohibitions”, or; (ii) a judicial or administrative ruling is passed down ordering the withdrawal of certain opinions. In addition, Travelecoology reserves said right if the Contract is terminated for any reason.
Reviews shall be published in the Portal along with the name and the profile photograph, where appropriate, of the Client that has done the Review.
The Activities listed by Operators, as well as the Reviews of Travellers, may not, without limitation: (i) involve the transmission of spam, advertisements or other commercial contents; (ii) address contents that may encourage or support any illegal activity; (iii) directly identify other Users without having obtained their prior informed consent; (iv) contain political, religious or social comments not related to the Activity; (v) impersonate the identity of Users; (vi) contain rude, vulgar, obscene, defamatory, calumnious, threatening, discriminatory, or sexually explicit contents, or any that may encourage hate or physical or verbal violence, or; (vii) contain references to any bookings other than that of the Activity in particular.
Any Traveller who is aware that the an Activity or Review contains any of the prohibitions mentioned or is, in any other manner, illegal, must communicate this to Travelecoology by sending an e-mail to firstname.lastname@example.org. Travelecoology shall investigate the facts communicated and shall take any relevant measures, including the elimination of the Activity or the Review and, where appropriate, the termination of the Contract in relation to the Operator who has listed the Activity or the subscription of the Traveller who has done the review.
The infringing Party shall be responsible or liable to Travelecoology for any penalties, sanctions and/or fines that may be imposed by courts or other competent authorities against Travelecoology as a consequence of the non-fulfilment of this Clause by the infringing Party.
7. PRICE AND MEANS OF PAYMENT
When booking an Activity through the Portal, the Client must pay the price and, where appropriate, any additional expenses that the Operator of the Activity may have established and clearly communicated. Said amounts shall include VAT or the relevant tax and any other applicable taxes. Payment must be made through the system provided in the Portal, in any of the currencies published therein. The Client accepts that payment in any currency other than Euro may entail exchange costs. The price and, where appropriate, any additional expenses and discounts applicable to the Activity must be published on the Form. Any additional expenses and discounts applicable shall appear duly broken down. In no case shall Travelecoology charge Clients any additional amounts that have not been published by the Operator prior to booking the Activity.
When booking an Activity, the payment made by the Client will be withheld until 24 hours after the performance of the Activity. Between 24 hours and 30 days after the performance of the Activity, Travelecoology shall transfer the totality of the amounts paid by the Client to the Operator, by means of the applicable method of payment, after having previously deducted the applicable commission as compensation for the use of the Service. The Operator accepts that the amount transferred may take longer due to causes beyond the control of Travelecoology.
Any corresponding taxes shall be applicable to the foregoing operations, with payment thereof to be assumed by whoever is considered to be the taxpayer of the same by the current legislations.
Without prejudice of those guarantees that the Operator may offer the Client, Travelecoology reserves the right, at its sole discretion, to reimburse the price that the Client has paid whenever the latter is not satisfied with the Activity performed for objective, reasonable reasons. In such case, Travelecoology shall not transfer any amounts to the Operator.
8. OBLIGATIONS OF CLIENTS & OPERATORS
The Client undertakes to use the Service with the utmost diligence and in conformity with current legality. In particular, Clients shall observe the following rules:
- Respect other Clients and Operators, in particular, not stalk, harass, coerce, or, in any other manner, bother neither other Clients nor Operators.
- Not impersonate the identity of any other Client or of any persons in the use of the Service.
- Not collect, process or store any personal data of other Clients or third parties without complying with currently valid data protection legislation.
- Deliver any Activity in accordance with the description provided in its listing.
- Comply with administrative, tax, labour and, where applicable, Social Security obligations that may be applicable for the performance of the Activities.
- Contract an appropriate insurance policy for carrying the Activity, as well as to be in possession of all permits, licenses and authorizations that may prove to be necessary.
- Not perform any Activity that may destroy or jeopardize the natural environment where the Activity is performed, or any inhabitants or visitors or wildlife, that may prove to be detrimental to the environment or that may be illegal in any other manner.
- Not oblige or coerce Clients to give positive reviews on Activities offered or on themselves and not make any specific favourable treatment (including, but not limited to, the obtainment of discounts or free Activities) conditional upon Users giving positive opinions.
Non-observance of these obligations by a Client or an Operator may, at the discretion of Travelecoology, lead to the suspension of the Service or the termination of the Contract, according to Clause “Termination”.
9. RIGHT OF CLIENT TO WITHDRAWAL AND CANCELLATION
The User may withdraw from the Contract without the need for justification within 14 days from the date in which the booking has been made. In order to exercise the right to withdrawal, the User must notify its decision to withdraw from the Contract to Travelecoology through an unequivocal statement by e-mail sent to email@example.com (Ref.: Withdrawal) prior to the expiry of the term indicated.
Notwithstanding the above, the User will not be entitled to withdraw from the Contract when:
- a) The Activity has been or would have been completely executed within 14 calendar days from the date in which the booking was made.
- b) The Activity consists in multi-day activities (activities encompassing several days), leisure and/or entertainment services (museums, interpretation centres, among others), if the booking specifies a specific date or period of performance.
In the cases established by law, Travelecoology shall return the price paid by the User without any undue delay and, in any case, within 14 calendar days after the date on which the User has informed of its decision to withdraw from this Contract at the latest. Travelecoology shall make this reimbursement through the same means of payment used by the User for the initial transaction, unless the latter has expressly stated otherwise. In any case, the User shall not incur any expenses as a consequence of the reimbursement by Travelecoology.
In situations other than those described above under letters (a) and (b), or after 14 days have passed from the date on which the booking was made, the User may cancel the Activity in the following general cancellation terms:
- More than 15 days prior to the performance of the Activity: The user is entitled to a refund of the amounts paid at the time of booking, discounting a 15% administration fee (Refund = 85%).
- From 0 to 15 days prior to the performance of the Activity: The user is NOT entitled to a Refund (Refund = 0%).
For these purposes, the Client must send an e-mail to firstname.lastname@example.org within the terms foreseen in the paragraphs above. The Client shall receive confirmation from Travelecoology communicating that the cancellation has been noted. If the Traveller does not receive said confirmation, it must contact Travelecoology and/or the Operator as soon as possible through any of the mechanisms of communication available at the Portal.
Different, specific, cancellation terms may apply to an Activity. Such Specific Cancellation Terms will be specified and informed to the User prior to the booking of the Activity.
Operators can publish special group offers for activities that require a minimum number of participants to run. This grants single or small groups of travellers who may otherwise not be able to enjoy such activities to join other travellers and form a group to make it happen. And it grants the operator reassurance that the activity will be able to run with a required minimum threshold of travellers. These special offers will always have a deadline by which the required group needs to be formed in order for the activity to be confirmed. When a Client signs up to a special offer, he/she will need to pay for the activity to reserve his/her right to participate. If the minimum number of participants is not met, the group is therefore not formed by the given deadline and the activity does not run, the Client will be fully refunded. If the group is formed and the activity is confirmed, the Client can cancel his/her participation within 14 days of the date of the booking and he/she will be fully refunded, unless the activity has already started and/or been delivered within that period. Likewise, the Client will not be refunded if he/she decides to not take part in a confirmed activity after 14 days of the date of booking.
10. CANCELLATION OF ACTIVITIES BY OPERATORS
The Operator is authorized to cancel an accepted Activity if causes of force majeure arise or whenever the minimum participation requisites described for the performance of the Activity are not reached. In such cases, Travelecoology shall reimburse to the User the full price paid by the latter. The cancellation of Activities by Operators in any cases other than those indicated shall enable Travelecoology to automatically terminate the listing of the Operator in the Service.
The reimbursement of the price to the Client shall be made between 24 and 48 hours after cancellation of the Activity. Any Operators who may be obliged to cancel Activities in relation to which bookings have been made must send an e-mail to email@example.com. The Operator shall receive confirmation from Travelecoology communicating that the cancellation has been noted. If the Operator does not receive said confirmation, it must contact Travelecoology as soon as possible through any of the mechanisms of communication available at the Portal.
11. POLICY ON WEATHER CONDITIONS
If the Activity depends on certain weather conditions being met in order to be undertaken, and should these impede the Activity from being performed on the day initially planned, the Operator must provide an alternative date for the Activity to be held. If it is not possible to set an alternative date or if the Client does not accept such alternative, the latter shall be entitled to the refunding of the total amount paid for the Activity.
12. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Users grant permission to Travelecoology to freely use any uploaded descriptions, images, videos, sound reproductions, reviews and any other materials (“Materials”) published in the Portal for the operation and promotion of the Portal and of The Wildsea Europe Route. For these purposes, Users hereby assign to Travelecoology, free-of-charge, all exploitation rights over such Materials for the maximum period of protection legally recognized for their intellectual and property rights, with the right to assign them to third parties, for a worldwide geographical scope and with the purpose of promoting the Portal and the Wildsea Europe Route, including but not limited to, the exercise of the rights of reproduction, distribution, public communication and making available to the public, transformation, modification or adaptation and exploitation of the Materials.
Operators guarantee that the Activities shall be performed in accordance with the description provided in the Portal.
Users guarantee that any Materials uploaded to the Portal are an original creation, that they have not been copied from any other pre-existing work, and that the exercising by Travelecoology of the rights assigned in this Contract shall not infringe the rights of any third parties. Should the Materials incorporate any creations by third persons (photographs, images, videos, descriptions or any other works protected by intellectual or industrial property rights), Users guarantee that they have obtained the pertinent authorizations and licenses from their legitimate owners for the transmission of rights to Travelecoology in the terms established in this Contract.
Users guarantee that they are the authors or, where appropriate, the owners of the intellectual and industrial property rights of the Materials, and that their exploitation by Travelecoology shall not violate any legal provisions, contracts, rights or property of any third parties, and shall not constitute any manner of unfair competition.
Users guarantee that no rights of any nature have been conferred or assigned to any third parties in relation to the Materials.
Consequently, the concerned Users shall assume any expenses, costs, damages and indemnities that may be caused to Travelecoology as a result of legal actions brought by any third parties against Travelecoology, based on alleged infringements or damages caused by the intellectual property rights assigned in this Contract over the rights that such third persons may hold.
Operators are liable for each and every one of the Activities that they list in the Portal. Clients are exclusively responsible for maintaining suitable behaviour during the performance of the Activity and, in particular, they commit to act in accordance with the current legislation and to not commit any act that may be considered criminal. Travelecoology shall not assume any liability whatsoever as a result of the early finalization of the Activity by the Operator due to inappropriate conduct by the User or as a consequence of any of the foregoing.
If Users cause any damages, they are to reimburse the full cost of the damage caused to the person and/or entity to whom said damage may have been caused. In addition, they are to indemnify Travelecoology for the full amount of any claims presented against Travelecoology by any third parties as a consequence of said damage.
If, due to any cause, the Operator was not able to fulfil the Activity booked by the Client, Travelecoology shall not assume any liability other than that of carrying out the corresponding reimbursement. The Operator shall be solely liable for any damages that may be derived as a consequence of the foregoing.
Travelecoology may terminate this Contract unilaterally at any moment if the Client or the Operator fails to comply with any of the obligations and guarantees established herein or if intellectual property rights or any other rights of third parties are infringed. The termination of the Contract shall not affect the right of Travelecoology to make a claim for any corresponding damages.
Users can cancel their account in the Portal at any moment by sending an e-mail firstname.lastname@example.org.
In the case of any complaints and claims derived from this Contract, or in order to request information on the Service, Users can contact Travelecoology via the e-mail address email@example.com, by calling the telephone number (+34) 910 166 105 or by addressing a written communication to Paseo de la Infanta Isabel, 3 – 8º izquierda, 28014 Madrid.
Users may not assign, subrogate or transfer the rights contained in this Contract to any third parties without prior written consent by Travelecoology. Failure to or delay in exercising any rights or demanding compliance with any obligations derived from this Contract shall not constitute a waiver of such right or requirement for compliance with the obligation, nor shall it constitute a waiver of any other rights or requirements for compliance with obligations.
If any of the clauses of this Contract prove to be null due to contravention of applicable legislation, said clause shall be taken as not included, but this shall not affect the rest of the Contract, which shall remain fully effective and valid between the parties.
18. LEGISLATION AND APPLICABLE JURISDICTION
This Contract is of a commercial nature and must be interpreted and complied with in accordance with its own terms and, in relation to any matters not provided for herein, these shall be governed by Spanish legislation.
To the extent permitted in the applicable legislation, in order to settle any controversies derived from the validity, interpretation, fulfilment or execution of this Contract, the parties expressly submit to the jurisdiction and competence of the Courts and Tribunals of the city of Madrid (Spain), thus expressly waiving any other jurisdiction to which they may be entitled.
© 2016 Travelecoology