GENERAL TERMS AND CONDITIONS WHEELY TOURS
These General Terms and Conditions are subject to the provisions of the Real Decreto Legislativo 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users (B.O.E. 30-11-2007), as well as the Decreto 42/2001 of 1 February, recasting on travel agencies, tourism guides and active tourism (DOG), the Decreto 25/2018, of 22 de February, which modifies the article 16 of the Decreto 42/2001, of 1 February, recasting on travel agencies, tourism guides and active tourism, and the Directive (EU) 2015/2302 of 25 november 2015 on package travel and linked travel arrangements.
The products and services offered, as well as the activities and trips shown on this website are organized by Wheely Tours, legally established as a Wholesale and Retail Travel Agency in Alhaurin el Grande, Malaga (Andalucia, Spain):
Trade name: Wheely Tours
Legal name: Wheely Tours S.L.
Title – License: pending Junta de Andalucia
Address: C/ Gorrion 9, 29120 Alhaurin el Grande, Malaga, Spain
Phone: (+34) 695 93 83 99
We comply with all the legal, financial and insurance requirements required by Law in Spain and the Autonomous Community of Andalucia in matters of Tourism.
If you make a booking with WHEELY TOURS, you enter into a direct (legally binding) contractual relationship with the service provider that you book. From the point at which you make your reservation, we act solely as an intermediary between you and the service provider, transmitting the details of your reservation to the relevant service provider and sending you a confirmation email for and on behalf of the provider. Your contract will be governed by Spanish law and subject to the jurisdiction of the Spanish courts of law. The contract is made with the person named on the Confirmation of Booking, who must be over 18, and who is deemed responsible for informing all members of the party about all matters relating to the holiday.
Bookings will be confirmed on receipt of the appropriate deposit payment (or fotographed/emailed proof of transfer thereof). Upon receipt of the appropriate deposit payment, a Confirmation of Booking will be issued by WHEELY TOURS detailing the total cost of the holiday, the amount paid and how much remains to be paid (the final payment). The final payment must be paid eight weeks before commencement of the holiday. If it is not paid on time we reserve the right to cancel the booking, retain the deposit and apply cancellation charges as described below.
Our prices are fixed in Euros (€). If you are paying in another currency (Pound Sterling, US Dollars for example), then the final amount that you pay in your local currency will fluctuate dependent on the exchange rate that your bank uses between the Euro and your own currency.
Any cancellation must be notified to us in writing (this includes e-mail) by the person who has contracted the holiday. Please no;te that any such notification is only deemed to have been received by us when we confirm that we have received it.
If such notification is received more than 56 days before the commencement date, only the deposit will be retained by us. Otherwise, the following charges apply, which are based on the expenses and charges suffered by us as a result of cancellation:
- 43-55 days before, 40%;
- 29-42 days before, 60%;
- 22-28 days before, 80%;
- 21 days or less, 100%.
Ticket services (train, entrance tickets, etc.) will be confirmed on receipt of the full payment and are non-refundable. In case of cancellation you will be charged 100%.
It may very occasionally be necessary for WHEELY TOURS to cancel holidays. In such an event we will offer the client either another holiday of equivalent standard (subject to availability) or full refund of all monies paid.
If the client wishes to alter or amend the booking, we will always do our best to comply with the request. However, changes of holiday property or activity or the dates thereof may be treated as cancellations and amendments may be subject to additional charges.
Occasionally a change may have to be made by us to confirmed arrangements after a booking has been made. If a major change becomes necessary which we consider could seriously affect the enjoyment of the holiday, we will give the client the option of accepting the changed arrangements, or accepting from us a holiday of equivalent standard or a cancellation of the holiday with full refund of all monies paid.
Under no circumstances may more than the maximum number of persons (including children) as stated in the accommodation description occupy a room or property, except by prior written agreement with us. Failure to observe this condition is deemed to constitute a cancellation of the booking by the client and WHEELY TOURS and accommodation owners reserve the right to refuse admittance or terminate the booking and apply the appropriate cancellation charges. Clients wishing to bring pets must ask prior permission as domestic animals are not allowed at many properties.
We have taken all reasonable measures to make sure that the services offered on this web site have been properly arranged and that the suppliers of the services included maintain reasonable standards. However, WHEELY TOURS acts only as an agent and cannot be held responsible for the actions of carriers, property owners, providers or organisers of activities and courses. We are specifically not responsible for events outside our reasonable control or if there has been no fault by WHEELY TOURS. Nevertheless, we will always endeavour to immediately rectify any cause for dissatisfaction during your stay whenever you notify us.
The client is responsible for informing Wheely Tours about allergies or intolerances of those who suffer. If the consumer does not do so, any health risks arising from a lack of knowledge about them will be the client’s responsibility.
When the service is organized by third parties and Wheely Tours is exclusively an intermediary, then Wheely Tours does not assume any of the responsibilities that are proper to the Service Provider.
The client is responsible for any property occupied and is expected to take reasonable care of it and to leave it in a clean and tidy condition, including removal of all rubbish/recycling at the end of your stay. Any damages are the responsibility of the client, and their cost shall be refundable on demand.
It is the responsibility of the booking client to ensure that all members of their party (over 16 years) provide the required identification documentation (normally a copy of the photo page of your passport (required by Spanish law) on arrival at the property and as requested by the owner of the property.
At some of our properties a security deposit is required. This security deposit is payable directly to the owner of the property (or their agent) on arrival at the property. Such deposits will be refunded to you at the end of your stay, subject to any reductions for breakages or damage. Clients are kindly requested to replace breakages prior to departure.
Wheely Tours SL is a licensed travel agency (minorista). Our travel agent’s licence number XXXXXX was issued by the Community of Andalucia. In order to achieve and keep the Travel Agent’s license various requirements have to be met, including:
- The placement of a surety bond of € 60,000 which is either held in trust by a bank, or obtained through an insurance company that covers the surety. This protects the client against any failure of the agency to provide contracted services. In this case any decision to use the bond is subject to the courts of Andalucia or agreed arbitration and is not determined by the travel agency.
- Another insurance to cover any business operating liability, including indirect or secondary liabilities, and liability for damage to property, personal injury, and financial responsibility is also a requirement. Wheely Tours is insured by AON.
Please note that although we are insured to operate, you are NOT insured for any eventualities that could occur when on a journey with us. We require that each consumer or users of our products obtain the adequate travel and medical insurance coverage that extends to Spain before making use of our products. Wheely Tours SL will not be responsible for expenses incurred due to lack of adequate insurance by the consumer
Rights to capture images and / or videos
Wheely Tours could make an image and / or videotape during the duration of its trips and organized activities in order to carry out a photographic report of the corresponding trip or activity, for its own commercial purposes.
Every participant of the activity acknowledges having read and understood these conditions and assumes the fact of appearing in a photographic report on a voluntary basis, and recognizes the authorization of said images for advertising purposes of Wheely Tours. Any participant who does not wish to appear in an image taken within the scope of the organization of the activity, may communicate it prior to the beginning of the same to the organizer, consequently refraining from posing during the development of the activity.
We do not wish to have dissatisfied clients but in the event that you are not entirely satisfied with the service offered, you should inform Wheely Tours immediately. This will give us an opportunity to put matters right for you during your stay.
The client declares the suitability of his health condition for the practice of the activities programmed during the execution of the contracted product, exempting Wheely Tours from any liability derived from any damages and / or damages, originated directly or indirectly by them.
We cannot be held liable to accept responsibility for death, bodily injury or illness on holiday unless it is proved that it is due to the negligence of our employees and brought to our attention in writing within three months of your return from holiday.
Law and Jurisdiction
These conditions and terms of contract and all matters arising therefrom, are subject to Spanish Law and to the jurisdiction of the Spanish courts.
Final provision and validity
In case of any contradiction between the general conditions and the particular conditions of some product or service, the particular conditions in those sections will always apply.
Wheely Tours reserves the right to modify partially or totally the content of these general conditions.
The validity of the current conditions is from November 2018 until updating them.