General contracting conditions
General terms and conditions.
The reservation of any tour or activity organized by BIRDING AND NATURE, SL will entail
necessarily the prior acceptance of these General Conditions, which will be considered
automatically incorporated into the contract.
1. Of the contracting parties.
On the one hand, BIRDING AND NATURE, SL., With registered office at C / Fuente Palmera, 5A. The
Carolina, in Jaén (Spain), CIF B23786700, responsible for the page
web www.birdslynxecotourism.com and www.birdingnature.com.
On the other hand, the contracting natural or legal person, who accesses the web to obtain
information and, where appropriate, contract the services offered. This user declares that he is older
18 years and has the legal capacity to acquire the services offered through this webpage, according to these General Contracting Conditions, which you understand and accept in its whole.
The user must carefully read this document each time they access or contract services with the company, since these conditions could have undergone changes since its
The online sale of any product on the web, done well through email or other means does not exempt the client from the obligation to read and accept said conditions
With the deposit or firm reservation of the product, the client accepts the following rights and
obligations listed below.
2.- Contracting the service.
The service will be contracted through the web www.birdslynxecotourism.com or www.birdingnature.com, corporate email or reservation phone. BIRDING AND NATURE, SL. is not responsible for contracting its services by any other means other than described.
The reservation will be requested through any of these means and will be formalized by paying
corresponding to 50% of the total amount of the service.
The reservation right will expire three business days after receiving the confirmation of availability of place and payment details. Once this term has expired, the requested space will be available to other users.
The remaining amount (50%) must be paid at least 3 days before the start from service. In case of not compensating the required amount within the indicated period, BIRDING AND
NATURE, SL. 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, you must pay in full, without prejudice to the rights of return or refund for cancellation or other circumstance described in these General conditions.
When a service adheres to payment conditions other than those expressed here in document, BIRDING AND NATURE, SL. You must expressly indicate it in the description of the service in question.
3.- Payment of the contracted services.
The user agrees to pay for the services or products contracted through the use of any of the following means of payment detailed below:
- Payment by deposit or bank transfer within 72 hours before the start of
the services to the bank account provided to the user by BIRDING AND NATURE, SL.
- Any other that is articulated in the future through the web.
The receipts of the transfers made must be kept to justify the hiring of services.
Transfers will be made exclusively in Euros. Any other type of currency it must be expressly authorized by BIRDING AND NATURE, SL.
The reference currency in prices is the Euro (€).
Users must not accept any other means of payment other than those described here. The purchase of any product will only be effective at the time that BIRDING AND NATURE, SL., receive the amount of said purchase in cash or proof of the transfer, and until that time it can be canceled by
BIRDING AND NATURE, SL., without the user being entitled to any claim.
The prices indicated on the website exclusively include the services that specify or include on the website and in the reservation conditions, which will be sent through email to the contracting party of services.
4.- Additional information of the contracted trip.
BIRDING AND NATURE, SL., Will provide, in writing or in any other format in which it remains
Consistency, and with the necessary time before the start of the trip, to consumers and users
with those who have contracted, the following information:
a) The schedules and places of collection of travelers.
b) The name, address and telephone number of the organizer's representation, in its defect, those of local organizations that can help the consumer and user in case of difficulties. When such representations and organizations do not exist, the consumer and user must be able to have, in any case, an emergency telephone number or any other information that allows you to contact the organizer.
c) Information, in accordance with current legislation regulating private insurance, on the optional subscription of an insurance contract that covers the cancellation costs for the consumer and user.
The information provided in the previous section will be provided at the latest when confirming the
The products of observation of threatened species are limited to strict guarantees of confidentiality.
The firm reservation of an observation product of threatened species involves the commitment by the client not to disclose data on the geographical location of the species. Disclosure of private property names and return is prohibited or entry to said properties on their own.
If the breach of such condition causes damages to BIRDING AND NATURE, SL., Interfering in the activities or products of other clients, BIRDING AND NATURE, SL., reserves the right to claim compensation from the offender on behalf of the or the injured customers or on their own behalf. The offending customer assumes, by accepting these terms and conditions, that if BIRDING AND NATURE, SL., Demonstrates its presence in the place 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 dispense with the contracted services at any time from the effective reserve of the same, being able to request the refund of the amounts paid in any case, and in order to offset the costs of managing the contracted service, establishing the following compensation:
- If the cancellation occurs before 15 days from the service start date contracted, the user will have the right to full refund of the amounts paid.
- If the cancellation occurs between 15 days and 7 days from the service start date, the User will indemnify the borrower with 5% of the value of the contracted service.
- If the cancellation occurs between 7 days and 3 days from the service start date, the User will indemnify the borrower with 10% of the value of the contracted service.
- If the cancellation occurs in a period of less than 2 days from the start date of the service, the User will indemnify the borrower with 25% of the value of the contracted service.
When the withdrawal of the contracted service is due to circumstances of greater cause, the User may fully refund the amounts made. In any case it will expose the reasons to the borrower, who must give the go-ahead to the circumstances that motivated the cancellation.
- By BIRDING AND NATURE, SL.:
a) The occurrence of causes of force majeure, understood as such those circumstances alien to the one who invokes them, abnormal and unpredictable whose consequences could not have been
despite having acted with due diligence, avoiding the cancellation of the service prior to its start, will entail full refund of the amount paid to date without possibility of compensation for breach of contract by BIRDING AND NATURE, SL.
6.- Modification of the service conditions.
a) When circumstances arise that make it impossible to provide the service without modification of the terms thereof, BIRDING AND NATURE, SL., will communicate
immediately to the user the modifications foreseen in the contracted service. The user
You will have the option to accept a modification of the service where the terms are detailed
modified or cancel the service without penalty. Cancellation of the service by
of the user must be made within 2 days after the communication made by the
borrower, understanding their acceptance otherwise.
b) Changes of an economic nature will be communicated to the user in advance
10 days minimum. In this case, the user will have the non-extendible period of 2 days to
confirm the service if you deem it appropriate. In case of not having confirmed the service,
understands that it has withdrawn from it, having the right to reimbursement of all payments
in advance and without the right to any compensation.
c) Adverse weather or environmental conditions will not be grounds for suspension or
modification of the contracted services. In any case, BIRDING AND NATURE, SL., Will offer
adequate alternatives to meet the objectives previously set for the provision of the
service satisfactorily. If the user continues the service with the agreed alternatives
The borrower will be deemed to have tacitly accepted such proposals. Otherwise,
BIRDING AND NATURE, SL., Will provide the user with a means of transport to get around
up to the expected completion point, without being entitled to a refund or compensation for
unilateral suspension of service.
In case of suspension of the reserved activity by BIRDING AND
NATURE, SL., At least one day before its start, the full amount will be refunded
of the activity.
d) The event of causes of force majeure, understanding as such those circumstances
alien to the one who invokes them, abnormal and unpredictable whose consequences could not have been
despite having acted with due diligence, avoiding the modification of the
service once started with it, will not mean breach of contract by
of BIRDING AND NATURE, SL.
7.- Obligation of the consumer to report any breach in the execution of the
The user has the obligation to report any breach in the execution of the
The user is obliged to communicate to the person in charge of BIRDING AND NATURE, SL., All
breach of contract performance as soon as possible - in writing or in
any other form in which it is recorded.
If the provision of the service has started, the user will notify the person responsible for
the company disagrees in the performance of the contract. The company will offer in that same
moment an incident sheet in which the user's posture will be recorded, the routes
of agreement offered by BIRDING AND NATURE, SL., and the terms thereof if applicable.
The terms agreed in the incident sheet will have contractual consideration and its
express assumption by the user will exempt the borrower from responsibilities
derived from the initial contractual breach. In the event that the proposed solutions
by BIRDING AND NATURE, SL., are not satisfactory for the user, he will have the term
one month to claim through the ordinary communication channels with the company. Birding
AND NATURE, SL., Will have forty-five calendar days to respond to the
complaint raised by the consumer, a period that will begin to count from the day
following the presentation of the claim to the organizer.
8.- Breach, responsibility and guarantees. Consequences of non-provision of
In the event that, after the departure of the trip, BIRDING AND NATURE, SL., Does not supply or
check that you cannot supply an important part of the services provided in the
contract, will adopt the appropriate solutions for the continuation of the organized trip, without
any price supplement for the consumer and user, and, where appropriate, will pay this
last, the amount of the difference between the benefits provided and those provided. If he
consumer and user continues the journey with the solutions given by the organizer
will consider that you tacitly accept said proposals.
If the solutions adopted by BIRDING AND NATURE, SL., Were not accepted by the customer
for reasonable reasons, the latter must provide the latter, without any price supplement, with a
means of transport equivalent to that used on the trip to return to the place of departure or
any other that both have agreed, without prejudice to the compensation that in his case
In case of claim, BIRDING AND NATURE, SL., Will act diligently to find a
adequate and satisfactory solution for the parties. BIRDING AND NATURE, SL., Has
available to customers a complaints book which they can request at any
moment. The claim by the user through it will not be inconvenient for
the adoption of agreements for the mutual benefit of both parties.
Responsibility of BIRDING AND NATURE, SL.
1. BIRDING AND NATURE, SL., Will respond to the client, depending on the obligations that
correspond to them by their respective scope of service management, correct compliance
of the obligations derived from the contract.
2. BIRDING AND NATURE, SL., Will also be responsible for the damages suffered by the consumer and
user as a consequence of the non-execution or poor execution of the contract. Bliss
Liability will 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
b) That the aforementioned defects are due to reasons of force majeure, understood as such
those circumstances alien to the one who invokes them, abnormal and unpredictable whose
Consequences could not have been avoided, despite having acted with due diligence.
c) That the defects are due to an event that BIRDING AND NATURE, SL., despite
Having put all the necessary diligence, I could not foresee or overcome. In the cases of
exclusion of liability for any of the circumstances provided for in paragraphs b)
and c), the organizer and the retailer that are part of the contract will be obliged, however,
to provide the necessary assistance to the consumer and user who is in difficulties.
3. Compensation for damages resulting from non-compliance or poor execution of the
benefits included in the service, will be limited in accordance with the provisions of the
international agreements regulating these benefits.
4. No exceptions may be established by contractual clause to the provisions of the
Breach and Liability sections of BIRDING AND NATURE, SL.
a) BIRDING AND NATURE, SL., will respond to the user, depending on the commitments
acquired for the provision of the service, of the correct fulfillment of the obligations
stipulated in the contract, regardless of whether they must be carried out by themselves or
other service providers, and without prejudice to the right of BIRDING AND NATURE, SL., to
act against third parties.
b) BIRDING AND NATURE, SL., will also be responsible for the damages suffered by the user
as a consequence of the non-provision or poor provision of the service. Is
Liability will exclude the following circumstances:
1. That the defects observed in the execution of the contract are attributable to the user.
2. That the aforementioned defects are due to reasons of force majeure, understood as such
those circumstances alien to the one who invokes them, abnormal and unpredictable whose
consequences could not have been avoided, despite having acted diligently
3. That the defects are due to an event that the contractor, despite having put
all the necessary diligence, could not foresee or overcome.
4. In all cases, except the responsibility attributable to the user BIRDING AND NATURE,
SL., Undertakes to provide the necessary assistance to the user who is in
9. Passports, visas and personal documentation.
All users, without exception, must keep their personal documentation in order,
(passport, visa or DNI), according to the transit treaties of people in the country or countries
visited. Users will be responsible for obtaining visas on their own account,
passports, vaccination certificates, or any other documentation required by the
local authorities. If due to negligence, documentary defects or personal causes of the user
the competent authorities reject the granting of Visas or entry into the BIRDING country
AND NATURE, SL., Declines all responsibility for events of this nature, being on behalf
of the contractor any expense that is caused. In this case the conditions will apply
established for the voluntary withdrawal of the service.
10. Material damage.
BIRDING AND NATURE, SL., Is not responsible for the damages that during the course of the
activity can be derived to material objects of the contracting part.