LEGAL NOTICE

1.General Information

Destination Consultant SL is a DMC specialized in the Basque Country & Spain.

DESTINATION CONSULTANT, SL
C/ Muguru, 8 entreplanta
48960 Galdakao, Bizkaia
CIF B95898615
Tel. 944717557
www.basquecountry-spain-dmc.com

This portal was created essentially to provide detailed and up-to-date information on the services of the company and to provide the public and other travel agencies with those services that the company offers.

The use of this and any other portals of the company implies the acceptance of each of the terms included in this legal notice; this notice should therefore be read carefully. There are also some services provided through this portal that are subject to their own general terms, which complement those contained in this legal notice and, they should therefore be read and accepted.

The customer service telephone number is +34 944717557.

2.Intellectual Property

The intellectual property rights of the portal of Destination Consultant, which is hosted at the main URL, www.basquecountry-spain-dmc.com, its source code, design, navigation layout, databases and different elements contained therein are the property of Destination Consultant. Therefore, Destination Consultant is entitled to exercise the operating rights in any form and, in particular, the rights of reproduction, distribution, public communication and transformation.

The information provided on the web page is the property of Destination Consultant and is considered protected work in accordance with the provisions of Royal Decree 1/1996 of 12 April, which approves the restated text of the law on intellectual property; it is also subject to the international treaties signed in this field.

This legal notice makes no transfer of rights in favour of the users in relation to any of the elements that make up the website or the content and personal services. Therefore, copying, public communication, distribution, sale or any other activity with the purpose of public use that can be carried out with the content of the portals is prohibited.

3.Access to and Use of the Content of the Portal

Use of the services of the portal does not require prior subscription or registration of the users. However, there are some services, such requests for information for subsequent formalisation of the provision of services, that require completion of contact forms and registration in the portal. This registration is done in a way that expressly indicates the service and the data shall be processed solely for the purposes and with the guarantees indicated in the specific notices of the forms.

Destination Consultant works to ensure at all time the principles that govern the legislation in force regarding the protection of personal data and only collects the data strictly necessary for providing the services of the portal, and guarantees at all times the adequate means for achieving the security and integrity provided for by law for each type of file.

All the information and personal data provided by the user in the forms for subscribing to the services must be their own and true. The user shall be the sole party responsible for false or inaccurate statements made by them and for any damages that this might cause to Destination Consultant or to third parties as a result of the information provided.

Destination Consultant shall treat the data in accordance with the legislation in force at all times, guaranteeing the confidentiality and exercise of the rights of the users subscribed to each service.

4.Minors

In order to use these services, minors must first obtain permission from their parents, legal guardians or their legal representatives, who shall be considered responsible for any act carried out by the minors in their charge.

Full responsibility in determining the specific content and services to which minors may have access lies with the people of legal age who are responsible for said minors. As Internet allows access to content that may not be appropriate for minors, users are notified of the existence of mechanisms, specifically computer programs for filtering and blocking, which make it possible to limit the content available and, while these programs are not infallible, they are especially useful for controlling and restricting the material accessible by minors.

5.Terms for Contracting Combined Travel

When users access the websites of Destination Consultant that have the purpose of providing combined-travel services, users undertake to first accept the contracting terms for these services.

These terms can be found into the brochure and content of the circuits.

6.Terms for Contracting Specific Services

On specific occasions, Destination Consultant acts only as intermediaries and their liability is therefore limited.

In this regard, there are some special contracting terms such as ticket sales or terms of the wholesalers that offer the travel, etc., for which the users must accept before contracting the services.

7.Responsibility for Content

Destination Consultant makes available to users the content and services located on the portal and in the web pages that complement it and which can be accessed from the home page of the portal.

Where information comes from external sources, its origin shall be stated, together with the medium or any other information relating to its origin.

Users undertake to use the services and the information provided in the Destination Consultant portal under criteria of good faith and respecting in all events generally accepted principles of use, without contravening public order or current law.

Destination Consultant is not responsible for the inappropriate use of the contents of its website; the responsibility is exclusively that of the person who accesses or uses said contents. Neither does it assume any responsibility for the information contained in the websites of any third parties that may be accessed via the links on the web page www.basquecountry-spain-dmc.com. These links are provided for purely informational purposes and in no case constitute an invitation to purchase the products or services that may be provided by the websites to which they link. In the event that Destination Consultant becomes aware that the activity or information to which these links are directed is illegal, constitutes a crime or may harm the goods or rights of third parties liable for compensation, it shall act with the necessary due diligence to remove or deactivate the corresponding link as soon as possible.

8.Obligations of Users of the Portal

Users undertake to use the portal and services in accordance with the law, this legal notice, the specific terms and the rules of behaviour of some services, such as moral standards and public order.

Users shall abstain from using the services for illicit purposes or those prohibited in this notice or in any way that may cause harm to the content stored in the computers of the company, the users or any Internet user.

As a non-exhaustive example, users shall abstain from the following:

• Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying content without the express authorisation of the owner.
• Deleting, manipulating or altering the copyright and other data identifying rights reserved to the company or its owners.

9.Permitted Uses

Users are authorised to view, print and partially download the content of the portal provided that they comply with the following conditions:

1. The uses are compatible with the purposes of the portal.
2. This use is made only to obtain information for personal and private use. Use for commercial purposes or for distribution, public communication, transformation or decompiling is expressly prohibited.
3. None of the content relating to the portal is modified in any way.
4. No graphic, icon or image of the website is used, copied or distributed separately from the text or other images that accompany it.

10.Domain Reservations

Destination Consultant reserves the right to carry out at any time and without prior notice modifications and updates of the information contained in the portal, the configuration and presentation of the portal and the access terms.

11.Liability

Exemption From Liability for Content

From Destination Consultant, it is possible to access both the content of the company and information and content supplied by third parties. In this case, Destination Consultant does not control this content, nor does it guarantee that information downloaded will be virus-free; as a result, Destination Consultant shall not be liable for damages that may occur in these cases.

The portal also makes available to users technical linking devices (such as links, banners, buttons, etc.) and tools, which make it possible to perform searches and access different websites managed by third parties. Destination Consultant does not control, endorse or supply the information and services that these websites may host and, therefore, users who access these websites must take the utmost precautions in evaluating and using the information, content and services in these linked sites.

Destination Consultant assumes no liability for damage that may occur due to the following:

• The operation, availability, accessibility or continuity of the linked sites.
• The maintenance of the information, content or services existing on the linked sites.
• The provision or transmission of the information, content or services existing on the linked sites.
• The quality, lawfulness and reliability of the information, content and services existing on the linked sites.
• Failure to comply with the law, moral standards and good manners as a result of transmission, dissemination, storage and making available of the content provided by third parties.
• Infringement of intellectual or industrial property rights of honour, personal privacy, family privacy, the image of persons or the communication of personal information by third parties.
• Acts of unfair competition and unlawful advertising.
• Lack of truthfulness, exactness or timeliness of this content.

Destination Consultant shall not be liable for failure to comply with the terms of this legal notice by users, or for the use of the services and content accessible from the portal. Damage due to identity theft of a third party carried out by a user in any communication made through the portal shall be the responsibility of the person who has committed said identity theft, as Destination Consultant does not control the authenticity of the content or of the information provided by users of the portal.

Exemption From Liability for Operation of the Website

Destination Consultant does not guarantee that there will be no interruptions or errors in access to the portal or its content, or that this content is up to date. Destination Consultant shall take all necessary steps to correct any errors, re-establish communications and update the content whenever possible and provided that these tasks are not difficult to perform, as soon as it is made aware of the errors, disconnections or lack of timeliness of the content.

Destination Consultant shall in no event be liable for faults, errors in supply or problems of connection to the network due to the Internet service provider chosen by the user.

Exemption From Liability for Use of the Portal

Access to the portal without consent and the use that may be made of the information it contains is the responsibility of the user alone. Destination Consultant shall not be answerable for any consequences or damages that may derive from said access or use.

Destination Consultant shall not be liable for any security errors that may occur or from damage that may be caused to the user’s computer system (hardware and software) or to the files or documents stored, as a result of:

• The presence of viruses in the computer used by the user to connect to the services and content of the portal.
• Malfunction of the browser or use of non-updated versions. Users undertake to use the website, its content and services in accordance with the law and this legal notice. Users shall abstain at all times from using any of the information or services for purposes that are illicit, prohibited or harmful to the interests of third parties.

 12.Prohibited Uses

Unauthorised use of the information contained in the portal, its re-sale, and infringement of the intellectual property rights of Destination Consultant shall give rise to the legally established liability.

Any other use of the content of the portal through unauthorised third parties is prohibited.

13.Data Protection Policy

All the information received from the users of the portal, whether for e-mail queries or for completing forms on the pages for information requests or for contracting services shall be handled with the utmost confidentiality by Destination Consultant

1. Data Provided Voluntarily by the Users

The data provided voluntarily by the users either for services provided by Destination Consultant, to make any query or to leave a CV for the purpose of working in the company shall be processed solely for the purposes indicated in each case and with the aim of providing the requested service.

The data shall be entered into an automated file of the company of Destination Consultant to which they correspond and shall be protected with the security measures established by law according to the type of file, and shall not be communicated to third parties without the consent of the owner.

Users of the services may exercise their rights of access, opposition, rectification and cancellation established in Organic Law 15 of 13 December 1999, with the specific information determined in each notice. For postal communications, you may send a letter indicating your specific request to:

Destination Consultant
C/ muguru, 8 entreplanta
48960 – Galdakao
Bizkaia
Telephone: 944717557
Email: booking@toursbasquecountry.com

14.Customer Service

The personal information collected by this service is used exclusively for dealing with received requests. In the event that the owner of the data grants the necessary consent, these data shall be conserved so that they can be indicated in the specific notice at all times.

15.Applicable Legislation

This legal notice is governed by the following agreement: the parties involved agree that any lawsuits, discrepancies, incidents or complaints resulting from the execution or interpretation of this legal notice or in relation to it, directly or indirectly, shall be definitively resolved by means of arbitration in the arbitration court of the college of attorneys of Bilbao, which is responsible for the administration of arbitration and appointment of arbitrators, in accordance with its Regulations and Articles of Association. Similarly, the parties expressly state their commitment to comply with the relevant arbitration decision. The arbitration decision shall be final and binding for the parties, who shall accept it without conditions.

To effects of subsidiarity and if necessary, the parties submit to the courts and tribunals of Bilbao, expressly waiving their corresponding jurisdictions.

Nevertheless, both parties shall do everything reasonably necessary to try to resolve any conflicts in an amicable manner.