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Terms and Conditions
1. OBJECT OF THE CONTRACT
The purpose of this document is to regulate the general terms and conditions of the online booking services offered by www.travelcars.com (or TravelCars), a brand owned by CLEVERTRYP TRANSFERS S.L., a company registered in Spain with VAT: B-16576134 and registered address at Doctor Barberi 10A, 07011, Palma de Mallorca, Spain. These terms and conditions complement what is already established in the Legal Notice of the website, to which they refer in matters not stipulated in these booking conditions.
The access and/or use of the website www.travelcars.com by the user is subject to the prior reading and full, express, and unconditional acceptance of these general conditions at the time of access, which will govern the terms of service provision. It is strongly recommended that the user reads and keeps a copy of these terms, as they may have changed since the user last accessed them, and in any case, if more than fifteen days have passed since the last access.
2. IDENTIFICATION OF THE PARTIES
On one hand, the holder of the WEBSITE: The entity CLEVERTRYP TRANSFERS S.L is responsible for and owns the website www.travelcars.com, and these general conditions are applicable to access to the WEBSITE and the contracting, through the WEBSITE, of services offered by third parties (providers) on the same.
On the other hand, the USER: The person who accesses the WEBSITE to get information and, if applicable, to contract the services offered by the WEBSITE, who declares to be of legal age, that is, over 18 years old, and capable of entering into contracts under the current Spanish civil legislation, and that they have read and accepted these general conditions.
TravelCars offers a car rental price comparison and other related services, acting as an intermediary between the client and the vehicle or vehicle provider.
3. APPLICATION
These terms and conditions govern the relationship between users of TravelCars.com and Clevertryp Transfers, and users have the terms and conditions that govern the specific service they contract, between the user and the provider, available at the time of contracting a particular service. The User agrees that, according to the law, TravelCars does not assume any obligation or responsibility for services that it does not directly provide. Similarly, TravelCars will not be responsible for the lack of truthfulness, incompleteness, or inaccuracy of the data or information provided by the providers of the products or services offered on the Website.
4. TERMS OF HIRE
These general conditions apply to reservations processed on this Website, owned by TravelCars. The contracting of activities or services available on the Website is carried out directly with the corresponding providers (vehicle rental companies, insurers, etc.), with TravelCars acting as an intermediary and price comparison platform, allowing the user to make and manage the reservation and/or hiring directly on the Website. The identification and contact details of the providers are indicated on the page from which the reservation is requested or formalized.
The reservation made through this website establishes a contract between the customer and the provider of the contracted vehicle or service, with TravelCars acting exclusively as a price comparison and booking facilitator. Therefore, the customer understands and accepts that the provider is solely responsible for the hiring and execution of the service, as well as compliance with applicable laws and regulations. TravelCars will not be responsible for the lack of accuracy, completeness, lack of updating, or inaccuracy of the information provided by the provider. In general, TravelCars is not responsible for services that it does not provide directly. The service providers are identified on the booking page.
The reserved services or services requested according to the user's requirements in the formalization process will be detailed in the reservation. The contents of
this reservation, as well as these terms and conditions, must be accepted by the user.
There are translations into several languages of this website, as well as of the terms and conditions. In case of discrepancy between the translated versions, the Spanish version will prevail.
The reservation is not considered confirmed until the specified price is paid at the end of the booking process.
The summary of the reservation will recapitulate all the details of it. If any errors are detected, it must be reported immediately by email to infor@TravelCars.com, indicating the reservation reference and the data to be corrected.
If the modifications involve a change in the final price, the customer will be notified as soon as possible, providing a means of payment in case the price increases or proceeding with a refund if applicable. In any case, once the reservation is made, the customer will receive a voucher corresponding to the same in the provided email.
Price and Payment: The conditions, the price of the services, and the accepted payment methods are detailed on the page where the reservation is made. Promotions and offers will only be available while they are accessible to the service recipients. Unless otherwise indicated, the prices shown on the Website include VAT and are final prices. The transaction will be made in EUROS, regardless of the customer's chosen payment method.
Modification or Cancellation of Reservations: The modification or cancellation of confirmed reservations will be subject to the specific conditions detailed in the rate conditions.
Right of Withdrawal: For the purposes of Article 97.1.m) of Royal Decree Law 1/2007, articles 103 a) and l) of said Royal Decree Law, the right of withdrawal does not apply.
5. USER'S OBLIGATIONS
I. The User, by using this WEBSITE to make a reservation, accepts these General Conditions, expressing their agreement with them.
II. The User is responsible for the accuracy of the data entered when registering as a customer, and the data must be complete.
III. The User will be responsible for the information provided at the time of booking, including names, dates, times, and locations. It is the User's responsibility to verify that all details of the reservation are correct before the trip and to inform TravelCars of any errors in advance.
IV. The User agrees to notify any modification of the reservation data as soon as possible.
V. The User declares that the credit or debit cards used to make the reservation are in their name and have sufficient funds to cover the total amounts of the reservation.
VI. The User has an obligation to use any graphic material while respecting the current and applicable data protection legislation, as regulated in the European Union Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, and in particular, in Organic Law 3/2018, of December 5, 2018, on Data Protection and Guarantee of Digital Rights.
VII. The user agrees to use the services offered through the website www.travelcars.com in a lawful manner, in good faith, and in accordance with Internet customs and practices, committing not to use the services for illegal purposes, prohibited by these general conditions, harmful to the rights and interests of third parties, or that, in any way, could damage, disable, overload, or deteriorate the services offered.
VIII. The user is responsible for having all the necessary documentation to cross borders or enter another country. Clevertryp Transfers will not be responsible for the lack of documentation of the user and other passengers or for non-compliance with the customs, police, tax, or administrative regulations of the countries accessed.
6. EXCLUSION OF LIABILITY
Clevertryp Transfers shall not be liable, directly or indirectly, for information introduced by users, collaborators, and third parties, or for the User's infringement of intellectual and industrial property rights, rights to honor, personal and family privacy, and image of persons (photographs), property rights, and all other rights of any nature belonging to a third party as a result of the transmission, dissemination, storage, availability, reception, obtaining, or access to the content.
Clevertryp Transfers is not responsible for damages caused by the use of its website, whether direct or indirect. It also does not guarantee the availability and accessibility of the website, although it will do its best to keep it operational. Interruptions may occur due to maintenance operations. TravelCars is not responsible for possible damages caused by interruptions, computer viruses, phone problems, or phone disconnections beyond its control. It also excludes any liability for damages caused to the user's computer system due to viruses or malware. Likewise, it will not be responsible for damages caused by third parties through illegitimate intrusions. It will not be responsible for damages caused by the inappropriate use of the contents of the website, nor for the consequences of errors, defects, or omissions in the contents provided by users or other third parties. TravelCars assumes no responsibility for services that it does not provide directly.
In no case will TravelCars assume any responsibility for the contents of links to other websites, and the inclusion of links to external websites implies no direct association.
7. INTELLECTUAL PROPERTY
The intellectual property rights of the website, including its domain name, source code, design, navigation structure, and content (images, sound, audio, video, software, texts, trademarks, logos, color combinations, structure and design, etc.) are the exclusive property of TravelCars, who also has the exclusive right to exploit them in any form, especially in terms of reproduction, distribution, public communication, and transformation, as established by the Intellectual Property
Law. It is expressly forbidden to reproduce, distribute, or publicly communicate the contents of the website without the authorization of TravelCars or third parties in the event that they have rights to them. The user can view and save the contents of the website for personal and private use. Links to the website should only allow access to it, without reproducing its contents and services.
8. NOTIFICATIONS
All notifications, requirements, requests, and other communications that Clevertyp Transfers needs to make to the User in relation to these general conditions and/or the provision of services and product offerings will be made by email and will be deemed to have been properly made when sent to the email address provided in the reservation made by the User.
Regarding notifications, requirements, requests, and other communications that the User needs to make to Clevertyp Transfers in relation to these general conditions and/or the provision of services and product offerings, they will be made by email and will be deemed to have been properly made when sent to the following email address: info@TravelCars.com.
Likewise, Clevertyp Transfers makes available to the User the following postal address, where they can also make the corresponding notifications: Doctor Barberi 10A, 07011, Palma de Mallorca, Spain.
9. COMPLETE AGREEMENT
The User declares to have read, accepted, and fully understood the general conditions.
In the event that any clause of these terms of use is declared null, it will only affect that provision or the part that has been declared null, with the rest of the clause being considered as if not included.
10. MODIFICATIONS
Clevertyp Transfers cannot modify these general conditions at any time, as this will be subject to prior notification to the User of such circumstances.
In case the User has been informed, the modification resulting from it will be published on the website www.travelcars.com for notification to the Users, and it will not affect reservations made prior to the modification.
11. APPLICABLE JURISDICTION
These General Contracting Conditions are subject to the provisions of the following Laws:
● Law 7/1998, of April 13, on General Conditions of Contracting.
● Law 3/2014, of March 27, amending the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16.
● 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.
● Organic Law 3/2018, of December 5, 2018, on Data Protection and Guarantee of Digital Rights.
● Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.
To resolve any discrepancies or claims that may arise from the interpretation or execution of the legal relationship between the User and Clevertyp Transfers, the parties are referred to the imperative rules on jurisdiction.
12. DATA PROTECTION
In compliance with the Data Protection Regulation, by means of this clause, the User is informed that the personal data provided to Clevertyp Transfers by
accepting these general conditions, as well as all those provided in the future as a result of their link with Clevertyp Transfers, will be incorporated into a file owned by the latter, whose identifying data are provided in these conditions, for the purpose of providing the services offered on the Clevertyp Transfers website, as well as sending commercial communications about products and services that the company owning the file may offer, to which the User expressly gives their consent, being responsible for the accuracy of the data provided and committing to communicate any modifications that may occur to the person responsible for the file as soon as possible.
In this regard, the user can access their account and update or rectify the data provided.
The user is informed that they can oppose the processing of their data, and this circumstance must be communicated to the file's data controller.
In accordance with the Data Protection Regulations, you are informed that regarding the personal data collected for processing, you have the possibility to exercise the following rights:
- Right of access.
- Right of rectification.
- Right of cancellation.
- Right of objection.
This can be done by submitting a written request to the data controller in accordance with the terms stipulated by the current legislation.
Furthermore, in accordance with the Data Protection Regulations and given that for the provision of the services contracted with Clevertryp Transfers, it is necessary for Clevertryp Transfers to access personal data files for which the organizer is responsible, such data processing will be carried out in accordance with the following considerations:
a) Access by Clevertryp Transfers to data owned by the data controller will not be considered data communication. Clevertryp Transfers will only process the data in accordance with the instructions of the data controller.
The access by Clevertryp Transfers to personal data contained in the files owned by the data controller will be carried out solely and exclusively for the purpose of fulfilling the contracted agreement, allowing the data processor to provide the agreed-upon services to the data controller.
Under no circumstances may Clevertryp Transfers apply or use personal data and files owned by the data controller and provided by them for processing, or those resulting from the provision of the service, for purposes other than those established in the agreement.
b) Clevertryp Transfers is obliged to implement the necessary technical and organizational measures as stipulated by the Data Protection Regulations to guarantee the security and integrity of personal data, and to prevent their alteration, loss, processing, or unauthorized access. This must take into account the state of technology, the nature of the stored data, and the risks to which they are exposed, whether they arise from human action or physical or natural factors.
Once the contractual service has been provided and, in compliance with the agreed or legally prescribed conditions, the relationship between both parties comes to an end, the personal data used by Clevertryp Transfers must be destroyed. The same fate must be given to any media or documents containing personal data subject to processing.