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Pindoria Viajes S.L.

Terms and Conditions

1 Online reservations for any Utopia party can be cancelled up to one month prior to the original reservation date with no penalty incurred. Any bookings cancelled after this date will be subject to a 50% deduction of the total booking cost. Any cancellations within 48 hours of departure for any reason will incur a 100% cost penalty unless for medical reasons where medical documentation will be required.

1.1 Please read these terms and conditions carefully before ordering any services via utopiaparties.com (Utopia Parties, we, our or us). utopiaparties.com is the trading name of Pindoria Viajes S.L., Registered address: Avenida Amsterdam 4, Edificio Cristian Sur Local 7, Los Cristianos, Arona, Tenerife, 38650, Canary Islands. By clicking on the I Accept button at the bottom of these terms and conditions, you agree to be legally bound by these terms and conditions as they may be modified and posted on our web site from time to time.

1.2 By ordering any services from our web site, you agree to be legally bound by these terms and conditions of use as they apply to your order. These terms and conditions apply to the booking service supplied by us to you and you and we agree that these are the only conditions that will apply.

1.3 If you do not wish to be bound by these terms and conditions then regrettably you may not order any services from our web site.

2 Nature of our web site

2.1 Our web site is a place for you to select and book excursions on offer in your holiday destination. We do not provide all these services directly but we occasionally act as an agent by providing a showcase for reputable excursion suppliers in these destinations. Our web site describes the Service in more detail.

2.2 We will not be legally bound by any type of errors on the website or other promotional materials

2.3 All drawings, descriptive matter, specifications and advertising issued by us are issued or published for the sole purpose of giving an approximate idea of the excursion(s) described in them and shall not form part of the Contract.

2.4 Please note that the contents of our web site are aimed only at users aged 18 and above, and you must be 18 years or over to order excursions, using the payment method displayed on our web site.

3 Booking

3.1 To book an excursion you must follow the procedures set out on the order page of our web site.

3.2 Utopia Parties reserves the right to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means (Confirmation) with an electronic ticket. This ticket should be presented to Utopia Parties in your destination.  Subject to clauses 3.3 and 5, the order will then be fulfilled on the date set out in the Confirmation.

3.3 You promise that all details you provide to us for the purpose of purchasing the excursion will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation of your credit or debit card details before providing you with the booking. If validation cannot be obtained and payment is not made, we reserve the right to cancel the Confirmation and the Excursion will be withdrawn. We will advise you as soon as possible by the e-mail address and telephone number you have given us if we have to cancel the Excursion you have booked.

4 Prices and Payment

4.1 Details of our prices for the Excursion, and the payment and delivery procedures are displayed on our web site. The price of any Excursion is the price displayed on our web site at the date and time of your order. The price is displayed in the local currency. We may change the price of any Excursion on our web site before you place an order. We try to ensure that the prices displayed on our web site are accurate however the price on your order will be validated by us as part of the acceptance procedure (see clause 3.2 above). We will inform you if an Excursions correct price is higher than that stated in your order in which case you may cancel the order or decide whether or not to order the Excursion at the correct price. If you cancel the order, we will refund all monies you have paid.

4.2 To confirm your order you must pay either the stated deposit or payment in full by credit or debit card at the time of order as set out on the order page of our web site or payment. The cards we accept are set out on the order page of our web site. When booking online by deposit you agree to pay the balance of the excursion price directly to the excursion supplier 7 days prior to the excursion. Details of any additional suppliers will be in your booking Confirmation. Any deposits paid will not be refunded in the event of unpaid balances or no show to Excursion check in.

5 Performance

5.1 We will use all reasonable efforts in facilitating the provision of the Excursions as follows:

5.1.1 Where we provide you with excursion information we will use reasonable efforts to ensure that such information is accurate.

5.1.2 Where we provide you with a service with an external supplier we will use reasonable efforts to choose reputable suppliers of such services and pass on your details to them accurately.

5.2 YOUR CONFIRMATION WILL PROVIDE DETAILS OF THE EXCURSION SUPPLIER WHO WILL ALSO RECEIVE YOUR CONTACT DETAILS FROM US; WE WILL CONTACT YOU TO CONFIRM ANY ADDITIONAL ITEMS, SUCH AS COLLECTION TIMES FROM YOUR ACCOMMODATION IF THEY ARE PROVIDED AS PART OF THE SERVICE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU HAVE ALL OF THE NECESSARY INFORMATION TO ALLOW THE EXCURSION SUPPLIER TO PROVIDE TO YOU THEIR SERVICE AT THE TIME AND DATE SPECIFIED ON YOUR CONFIRMATION DOCUMENTS. OTHERWISE, WE CANNOT GUARANTEE THAT THE EXCURSION WILL BE PROVIDED AND WE WILL NOT BE LIABLE FOR ANY LOSSES OR ADDITIONAL COSTS YOU INCUR.

5.3 If you have any complaints, you should direct them to us via email at info@pindoriaviajes.com

6 Information you provide

6.1 The following applies to any information you provide to us, for example during any registration or ordering process:

6.1.1 You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Excursions by us or our sub-contractors, including the excursion and transport firms. If you obtain or choose to buy a Excursion through our web site then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy set out on our web site shall be known as the Purposes). All such information collected by us shall be referred to in these terms and conditions as Personal Information.

6.1.2 You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.

6.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our web site, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should email us at info@pindoriaviajes.com.

7 Availability to people in all countries.

7.1 Our web site is controlled and operated by us from our office in Tenerife.

7.2 We have used our best efforts to ensure that our web site complies with European law.

7.3 Accordingly, the Excursions are offered for sale to anyone and Utopia Parties accepts no liability for any costs, losses or damages resulting from or related to the purchase or attempted purchase of any excursions.

8 Liability

8.1 The Excursion booking service on our web site will be provided with reasonable skill and care and, as far as reasonably possible, in accordance with our agreement. We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all materials and information on our web site are provided on an as is basis.

8.2 The Excursion booking service is provided to you for private domestic use only and this is a consumer contract. Accordingly, we accept no liability for any business loss (which includes without limitation any loss of contracts, loss of profits, loss of revenue or loss of anticipated savings in expenditure or any loss or corruption of data) however caused, even if foreseeable.

8.3 PLEASE NOTE THAT EXCURSIONS WILL BE PROVIDED BY THIRD PARTIES WHO ARE NOT CONNECTED WITH PINDORIA VIAJES S.L. YOU SHOULD SATISFY YOURSELF THAT ANY ADDITIONAL TERMS AND CONDITIONS IMPOSED BY THE EXCURSION SUPPLIER, SUCH AS AWARENESS OF MEDICAL CONDITIONS AND SAFETY RULES, ARE ACCEPTABLE TO YOU. IF YOU HAVE ANY COMPLAINTS ABOUT THE PROVISION OF THIS EXCURSION, YOU MUST CONTACT INFO@PINDORIAVIAJES.COM.

8.4 Utopia Parties shall not be liable for any loss (including any loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay or cancellation of an excursion

8.5 Utopia Parties acts as a booking agent for a number of service providers. All such services are bound by the laws in the home country of the supplier. All suppliers have provided confirmation that their excursions are covered by appropriate insurance certificates and comply with the local health and safety standards.

8.6 It is the responsibility of each participant to ensure that they are suitably fit to take part in their chosen excursion. Clients who are pregnant, unwell, or suffering from any existing medical condition are advised not to participate in any strenuous activity. Utopia Parties accepts no responsibility for any injury or damage to clients or themselves or their property.

8.7 These terms and conditions do not affect your statutory rights as a consumer.

8.8 You are required to observe and comply will all rules and regulations of the venue/s and all instructions given to you by management/staff of the event. You acknowledge and agree that Pindoria Viajes will not be liable to for any injury or damage to any person or property however caused. You acknowledge and agree that Pindoria Viajes will not be liable to you for any indirect or consequential costs, claims, actual or alleged losses howsoever arising out of or in connection with any event.

9 General

9.1 If you wish to rely on any variations to these terms and conditions, you should ensure that such variations are agreed with us in writing as soon as possible.

9.2 We may transfer or subcontract any or all of our rights and obligations under these terms and conditions at any time.

9.3 We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version. You must check the terms and conditions on the web site regularly. Your continued use of this web site or the Excursion indicates your acceptance of the new version of the terms and conditions. The terms governing the purchase of any Excursion will be the terms in place at the time of your order.

9.4 These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and Utopia Parties. If you intend to rely upon any variations or other statement made by Utopia Parties or any other person, you should ensure that this is agreed in writing with us as soon as possible.

9.5 A person who is not a party to our agreement has no rights under the Rights of Third Parties Act  to enforce any term of this agreement but this does not affect any right or remedy of another party which exists or is available apart from that Act.

9.6 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be deleted but all other terms will remain valid.

9.7 These terms and conditions and your use of our web site are governed by the laws of the relevant part of Spain and the relevant Courts of the Spain shall have the exclusive jurisdiction in relation to any disputes arising between us in relation to this Agreement.

9.8 Neither you nor Pindoria Viajes S.L will be held liable for any failure to perform any obligation to the other due to causes beyond your or Pindoria Viajes S.L respective reasonable control.

9.9 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

10 Notices

10.1 All notices shall be given:

10.1.1 to us via email at info@pindoriaviajes.com or

10.1.2 to you at either the e-mail, postal address or telephone you provide during any ordering process.

10.2 Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

11 Replacement

11.1 These terms and conditions, together with the privacy policy, any order form and payment method instructions, if any, replace all other terms and conditions previously applicable to the use of our web site and/or booking service.

11.2 No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 30 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. When the removal of the caused Force Majeure has occurred and the other party cannot proceed with the services purchased either by deposit or in full payment, the other party will be given a period of 12 months to reschedule the service at no cost or be refunded the paid amount as form of credit voucher to be used with Utopia Parties or its sister company Pindoria Viajes S.L. also within a period of 12 months towards any travel services provided by Pindoria Viajes S.L, this is also transferable to who ever the other party wants to. In the event that the Impacted Party’s failure or delay remains uncured for a period of 365 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

11.2 (Español) Ninguna de las partes será responsable ante la otra parte, ni se considerará que ha incumplido o incumplido este Acuerdo, por cualquier incumplimiento o demora en el cumplimiento o cumplimiento de cualquier término de este Acuerdo (excepto por cualquier obligación de hacer pagos a la otra parte) a continuación), cuando y en la medida en que dicha falla o demora sea causada o resulte de actos fuera del control de la parte afectada (“Parte afectada”), incluidos, entre otros, los siguientes eventos de fuerza mayor (“Eventos de fuerza mayor”) : (a) actos de Dios; (b) un desastre natural (incendios, explosiones, terremotos, huracanes, inundaciones, tormentas, explosiones, infestaciones), epidemia o pandemia; (c) guerra, invasión, hostilidades (se declare o no la guerra), amenazas o actos terroristas, disturbios u otros disturbios civiles; (d) orden o ley del gobierno; (e) acciones, embargos o bloqueos vigentes a partir de la fecha de este Acuerdo; (f) acción de cualquier autoridad gubernamental; (g) emergencia nacional o regional; (h) huelgas, paros laborales o ralentizaciones u otros disturbios industriales; y (i) escasez de energía adecuada o instalaciones de transporte. La Parte Impactada notificará a la otra parte dentro de los 30 días posteriores al Evento de Fuerza Mayor, indicando el período de tiempo que se espera que continúe ocurriendo. La Parte afectada deberá hacer esfuerzos diligentes para poner fin a la falla o la demora y garantizar que se minimicen los efectos de dicho evento de fuerza mayor. La Parte afectada reanudará el cumplimiento de sus obligaciones tan pronto como sea razonablemente posible después de la eliminación de la causa. Cuando se produce la eliminación de la Fuerza Mayor causada y la otra parte no puede continuar con los servicios adquiridos, ya sea mediante depósito o en pago total, la otra parte tendrá un período de 12 meses para reprogramar el servicio sin costo o se le reembolsará el monto pagado como comprobante de crédito para ser utilizado con Utopia Parties o su compañía hermana Pindoria Viajes SL también dentro de un período de 12 meses hacia cualquier servicio de viaje proporcionado por Pindoria Viajes S.L, esto también es transferible a quien la otra parte quiera. En el caso de que la falla o demora de la Parte afectada permanezca sin curar durante un período de 365 días después del Aviso emitido por ella, la otra parte puede rescindir este Acuerdo mediante Aviso