Mediterranean Bubbles is registered in the Tourism Registry of Catalonia with license no. 0278-9301/2018 and holds the necessary authorizations for the development of the tourist services offered to the CLIENT.
The PROVIDER is specialized in the provision of tourist services included within its main activity consisting of: organization of artistic/gastronomic tourist tours, combined or linked trips, organization of events, ”destination wedding” and search for luxury residences/apartments and has the knowledge and equipment and material means and, where appropriate, collaborators, necessary to provide and offer this type of services.
METHOD OF PAYMENT
The price agreed as consideration for the services detailed in the APPENDIX in the final contract and which are contracted shall be invoiced, always upon presentation of the invoice, and in accordance with the following instructions:
– 60.00 % (sixty percent) at the time of signing the contract, which begins the activity of providing services, and
– 40.00 % (forty percent) before departure
-100% (one hundred percent) if you book a single activity
If you are booking within 45 days of departure, then full payment is required. Payment can be made by bank transfer or by most major credit cards. A contract will come into existence on the date on which we issue a Confirmation Invoice.
We will invoice the amount of the price accrued in accordance with the payment terms of the price as stated in the preceding paragraph, and each invoice shall include a breakdown of the items of the services for which the same are issued. The amount of the invoices shall be understood to have been paid by the client as soon as the invoice is presented and provided that the set of activities and requirements that make up the object and form of payment of this Contract have been complied with, in due form and time.
INSURANCE
It is strongly recommended that you and all members of your party have comprehensive travel insurance appropriate to your needs. Your insurance policy should cover personal injury, death, medical and repatriation expenses in the countries you plan to visit, as well as loss of baggage and valuables, personal liability, delays, cancellation, curtailment, loss of departure and legal expenses.
CANCELLATION
Cancellations must be requested in writing at the address indicated in this Tourist Services Contract.
– Cancellations made one (1) day prior to the date of the service will be charged 100% of the total amount of the service. In the event that only the CLIENT wishes to cancel a service included in the package, the agency will only charge 20% (twenty percent) of the total amount of the individual service requested in such cancellation and an administrative fee of 100 Euros if more then 45 days of notice are given. If the notice is given in between 45 and 15 days, 50% of the total amount will be charged together with an administrative fee of 100 EUROS. If less then 15 days are given as a notice, then 80% of the amount will be charged with an administrative fee of 100 Euros. Less than 7 days notices will incur in total payment of the amount established.
In case of hotels, villas and other type of holiday rentals in Spain, different type of terms and conditions to be clarified each time may apply.
When the PROVIDER is the one who cancels due to causes attributable to the same, the PROVIDER shall be obliged to reimburse the PROVIDER the totality of the advances or payments made in accordance with the clauses of this Contract. If the responsibility or cause of the cancellation falls on the direct suppliers of the tourist services, or third parties, the agency shall assist the client to obtain the services that solve his emergency, to be transferred back and of course, to assist the client to claim from the direct provider of the service the reimbursements and indemnifications that correspond, mediating only in the processing of such reimbursements and indemnifications. In the event that the final service provider proves the agency’s responsibility, the agency must make the corresponding payments to the client.
CAUSES FOR TERMINATION
The Parties undertake to comply with the obligations arising from this Contract for each of them under the terms and conditions set forth herein.
In the event that any of the Parties should fail to comply with any of the obligations of the Contract, or should comply with them in a defective manner, the Party that has complied with its obligations may consider that there has been a breach of contract under the terms established in article 1.124 of the Civil Code, being entitled to choose between terminating the Contract or demanding its performance, claiming, in both cases, the corresponding compensation for damages.
The following are causes for termination:
– That any of the parties does not comply with the stipulations of the present Contract.
– If the Service provided does not correspond to what was agreed and/or requested by the Client.
In the event of termination of this Agreement, the party in default shall pay the conventional penalty.
In addition, the Contract shall be considered terminated by the definitive or provisional insolvency, the suspension of payments by the CUSTOMER.
It shall also be cause for early termination of the Contract when there are deficiencies in the tourist services provided by the PROVIDER and/or they do not conform to the quality standards committed in accordance with this Contract, and these have occurred repeatedly.
Likewise, it shall be cause for termination of the Contract when the PROVIDER ceases to provide the services or part of the services that are part of the object of this Contract. It shall be understood that the PROVIDER has ceased to provide the services when such activity is not carried out regularly or with the material and personal means adequate for such activity.
When the PROVIDER is a natural person, the Contract shall also be terminated due to his death, or incapacity or any other cause that makes it impossible for him to comply with the execution of the Contract with the quality and continuity to which he undertakes by virtue of the same, regardless of any other contractual breach that may occur.
The lack of payment of invoiced services by the CUSTOMER shall entitle the PROVIDER to terminate the Contract and, if deemed appropriate, to proceed with its claim in accordance with the Law.
Likewise, the Contract may be terminated at the will of either Party, provided that the Party so wishing notifies the other Party in writing and in accordance with the notification procedure of this Contract at least 15 days in advance.
In the latter case, when the Contract is terminated by the CLIENT, the CLIENT shall, nevertheless, pay to the PROVIDER any unpaid invoices for services rendered during the time the Contract has been in force, as well as a possible compensation for damages if the CLIENT exercises its will without respecting the notice and method of notification established herein. Likewise, when the Contract is terminated by the PROVIDER, the PROVIDER shall provide the CUSTOMER with any document, element, good, material and/or production that may have resulted from its activity of rendering services up to that moment, as well as a possible indemnity for damages that may arise if the PROVIDER exercises its will without respecting the notice and method of notification provided herein.
ADDRESS FOR NOTIFICATIONS
For any notice between the Parties arising out of this Agreement, the Parties agree that their domicile for the purposes of such notices shall be the addresses indicated at the beginning of this Agreement. In order for a notification between the Parties to be validly made, it must be made by an irrefutable means that provides evidence of the time it was sent, to which address it was sent and the time of its receipt by the other Party. When there is a change in the address for notification purposes, this new information shall be communicated, as soon as possible, to the other Party and following the procedure established herein.
However, provided that it is possible to guarantee the authenticity of the sender, the addressee, and the content of the message, and with the objective of maintaining fluid communication between the Parties, the following e-mail addresses are provided:
E-mail: info@mediterraneanbubbles.com
LIABILITY
Any Party that acts negligently or culpably in the fulfillment of the obligations established in the present Contract and thereby causes damage or harm to the other Party shall incur in liability. The Party that has to face any kind of damage or prejudice by virtue of the other Party’s actions may claim compensation for the damages caused.
The PROVIDER shall perform the services covered by this Agreement with due diligence and quality, undertaking to assume responsibility for any errors, defects or delays produced in its execution, or its incorrect execution or non-execution. However, the PROVIDER shall not be liable for the errors, defects or delays produced in the execution, or the incorrect execution or non-execution of the Contract, when this arises from the omission or falsification of any information, document or data provided by the CLIENT; nor shall the PROVIDER be obliged to verify the authenticity and aptitude of such data or information.
FORCE MAJEURE
None of the Parties may be held liable for any delay, defect or error in the performance of their contractual obligations when such delay, defect or error is due to or caused by force majeure. However, the Parties are obliged to notify the other Party when they become aware that a cause of this nature has occurred and will affect the correct execution of their obligations.
Force majeure” shall mean: flood, fire, explosion, breakdown in the production plant, lockout, strike, civil disturbance, blockade, embargo, mandate, law, order, regulation, ordinance, demand or request of any Government or any subdivision or representative thereof, or any other cause, which is beyond the control of the Party involved, without it being understood that the lack of funds constitutes a cause of force majeure.
DUTY OF SECRECY AND CONFIDENTIALITY
The Parties undertake that the development of this Contract shall be governed by the most absolute confidentiality, respecting the duty of diligence and professional secrecy. Thus, both Parties undertake not to disclose any information relating to this Contract, whether relating to the negotiations, transactions or any other matter of the parties, nor the content or existence of the Contract.
DATA PROTECTION
The Parties to this Agreement are aware of and undertake to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD), as well as in what is not contrary to European regulations, Organic Law 15/1999, on the Protection of Personal Data (LOPD) and its implementing regulations, and/or those that may replace or update them in the future.
In this way, the Parties are aware that by signing this Contract they consent that their personal data collected in this Contract, as well as those that may be collected in the future in order to comply with or correctly execute this Contract, may be incorporated by the other Party to its own automated or non-automated data collection file in order to correctly execute the contractual relationship and, eventually, for administrative and/or commercial management.
In any case, the Parties undertake that this personal data will not be communicated in any way whatsoever to the other Party.