General terms and conditions

1. IDENTIFICATION

The website is owned by VIAJES REINA, S.L. (hereinafter the PROVIDER and Viajes Reina), whose registered name is VIAJES REINA, S.L., c/Alfares, 3 Bis, CP: 45600, Talavera De La Reina (Toledo), with C.I.F.:B45402161. Telephone 918 280 012 and email: info@ofertren.com

By using the services of ofertren.com managed by Viajes Reina, you will enter into a contract directly with Viajes Reina, and you will be bound solely by its general terms and conditions of contracting.

2. PURPOSE

This document sets out the general terms and conditions (hereinafter the “Terms of Contracting”) that will govern such contracting by users of the services or products offered through the website “ofertren.com” (hereinafter the “Website”).

Viajes Reina, S.L., through the aforementioned “Website”, sells exclusively “package” tourist bundles, which include train+ticket, or train+hotel, or train+ticket+hotel. All offers include at least two products that make up a combined tourist package. In this respect, it is not possible to separate and individualise each of the products that make up the aforementioned package, for any purpose whatsoever, including any compensation that may arise, the resolution and quantification of which will be specified in section 12 of these general terms and conditions.

Viajes Reina does not participate in any organisational aspect of the Events, nor in the services provided at them, unless it is expressly stated that it participates as Promoter. Viajes Reina disclaims any obligation and/or liability that, on such grounds, corresponds to the Promoter of the referenced Events. Likewise, in the Events in which Viajes Reina is the promoting entity, it undertakes to comply with all the legal requirements and demands applicable to it in relation to the organisation and holding of such Events, according to the particular characteristics of each of them.

Viajes Reina reserves the right to carry out modifications and/or updates to the conditions governing these Terms of Contracting, of which the user will be informed in advance for acceptance or rejection should they prove to be substantial. In any case, the user will be deemed to expressly accept such modifications or updates if they complete a new contracting through the Website. Should the new Terms of Contracting be accepted by the user, they will fully replace the conditions in force between the parties so as to take effect on the new contracting that the user, as a customer, completes as from the date of acceptance of the new conditions.

Ticking the corresponding box during the contracting process, as well as the fact of following all its steps electronically, entails the express acceptance of these Terms of Contracting by the user, having the same validity as the in-person signing of a contract. In this way, the user acknowledges being a person with sufficient capacity to acquire the obligations arising from their actions through the Website, having previously read and understood its content.

In any case, in order to contract with Viajes Reina, the user must be a natural person and of legal age (≥ eighteen 18 years).

3. OPERATION OF THE WEBSITE

The Website makes available to users a wide variety of services that may be contracted through the Website, or through other web pages accessible from the Website, and that may be enjoyed at the Venues or Events. Such services may be contracted through a reservation system or through the purchase of tickets, passes or coupons, upon payment by the user.

All communications with the user by Viajes Reina will be carried out electronically.

4. PRIOR INFORMATION

Access to the contracting process is completely free of charge, with no additional associated cost other than those inherent to the user having an Internet connection.

All the services marketed are perfectly described on the Website and made available to users, with those matters not expressly indicated therein not being understood to be included.

This contract between Viajes Reina and the user is deemed to be perfected from the very moment the user completes the contracting procedure by pressing the “Reserve” button, it being understood that the following of all the phases of the electronic contracting procedure and the inclusion of all the requested data entail, together with the ticking of the corresponding box relating to the acceptance of these Terms of Contracting, a direct expression of the user’s will to accept these conditions.

Viajes Reina, as a provider of an Information Society service, will archive the electronic document in which this contract is formalised. Said electronic document will be accessible to the user, where it may be downloaded and printed and where these Terms of Contracting will be included.

Viajes Reina will introduce appropriate and sufficient technical means to identify and correct technical errors in the management of the information insofar as it is its responsibility.

The language in which the contracting procedure will be processed and in which this contract is formalised will be, unless otherwise indicated, Spanish.

5. PURCHASE PROCEDURE

The procedure for contracting the services offered is carried out entirely electronically through the Website. Any person with access to the Internet and previously registered on the Website may carry out the contracting.

The complete procedure to be followed by all users wishing to purchase the tickets to the various Events will be as follows:

6. ELECTRONIC CONTRACTING

In accordance with the provisions of article 23 of Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico, contracts concluded by electronic means will produce all the effects provided for by the legal system, when consent and the other requirements necessary for their validity concur.

In any case, the electronic medium in which these Terms of Contracting concluded by electronic means are set out will be admissible as documentary evidence in the event of a dispute between the parties.

For these purposes, it will be understood that the following of all the phases of the purchase process and, where applicable, the payment of the corresponding monetary amount, necessarily imply the provision of the consent required for the contracting.

Likewise, and in accordance with the provisions of article 27 of Ley 34/2002, de servicios de la sociedad de la información y de comercio electrónico, all the information relating to the contracting procedure is made available to users prior to the start of the procedure, which will only be applicable should the user decide to proceed with the contracting through the Website.

7. ECONOMIC CONDITIONS

The price of the events published on the website is indicated next to the descriptive sheet of each of them, being indicated in all cases in the official currency in Europe, the Euro (€).

8. PRICES

All the prices of the services are included alongside the rest of the description of the services.

All the prices shown are final prices, with Value Added Tax (IVA) being expressly included. Notwithstanding the foregoing, the final price will include all such increases or discounts as may be applicable, expenses passed on to the user and additional charges for ancillary services, means of payment, commissions, etc.

9. GUARANTEED MINIMUM PRICE

Viajes Reina guarantees you the best online price for your reservation. If you buy a product on our Website, and you find a cheaper price on another website for that same reservation, we will match it for you.

To proceed with the request, you must have a confirmed reservation through the Viajes Reina Website, and send us an email to info@ofertren.com, indicating in the subject line “Guaranteed Minimum Price Request” and, after studying whether your request meets the conditions, we will send you an email confirming the new price of your reservation and proceeding to refund the difference.

You have 24 hours after the confirmation of your reservation made through our website to send us the Guaranteed Minimum Price Request email.

The conditions of the reservation made on our website and the reservation conditions of the online channel where a cheaper price has been found must be equivalent. This includes: date on which the event is held, location, promoter, session, type of seat and other reservation conditions, including expenses, charges and commissions; currency in which the final price is shown and the services included in the reservation.

In order to apply the guaranteed minimum price guarantee, the payment, deposit, annulment, cancellation and modification conditions associated with the rate of the other online channel from which it is claimed must be equivalent to those of our aforementioned web pages. The guarantee does not apply to lower prices whose restrictions (cancellation policy, deposits, etc.) are not equivalent to those applicable to the rate reserved with Viajes Reina.

The cheaper rate being claimed must have been consulted within a maximum period of 24 hours after having made the reservation on our website. Consultations made on dates prior to the date of reservation on our website will never be taken into account.

This guarantee will not apply in the event of errors in the loading or publication of prices on other websites.

10. PAYMENT AND INVOICING

Once the user has placed an order and paid the corresponding payment through the modalities or payment methods enabled on the Website, Viajes Reina will send the user an email that will contain all the information relating to the services purchased, their unit price, as well as the total price of the purchase.

In any case, the payment of monetary amounts through the Internet, when made through the Website, will be made through the technological means provided by an external financial institution, which in any case will be hosted on a Website under a secure SSL protocol. For their identification, the user must confirm that the web address of the page from which they are going to make the payment begins with https://.

In any case, the purchase will only be effective when Viajes Reina receives confirmation of the payment from the banking institution that owns the secure payment gateway. Should the transaction be denied for any reason by said institution, or should the full amount corresponding to the order amount not be provided (including surcharges for management expenses and bank transfer commissions), it will be suspended, informing the user that the transaction has not been completed.

The user will have available through the private area all the purchases made to date. Likewise, they may request an invoice by email to the email address info@ofertren.com, specifying the DNI or identification document and any other information requested by Viajes Reina.

By accepting these Terms of Contracting, the user expresses their express consent to receive the invoice by email. Once the user requests the invoice, Viajes Reina will send the invoice within five (5) business days to the email address provided through the user account. Should the user wish to receive the invoice on paper, they may contact Viajes Reina indicating the postal address to which the invoice should be sent.

In accordance with current legislation, Viajes Reina may not subsequently modify the invoicing of the sales made. For this reason, the invoice will be issued in the name of the natural person who places the order, so the user must ensure that they place the order in the correct name, it not being possible to issue duplicate invoices to send to third parties, nor may these be issued once the guarantee period has elapsed.

11. PROVISION OF THE SERVICES

For the effective provision of the services, the user must go to the establishment or place where the services are actually to be provided, with Viajes Reina assuming no liability for the failure to perform this contract for a cause attributable to the user. In this latter case, the user is informed that Viajes Reina will not proceed to refund the amounts paid by the user. Thus, the impossibility of attending an Event or the commission of an error when purchasing the ticket(s) are not grounds that allow the refund of the amounts paid by the user.

11.1 PARTICULAR CONDITIONS FOR THE PROVISION OF THE SERVICES

Once confirmation of the corresponding payment has been received, the user may enjoy the services purchased on the day and at the place indicated in the confirmation of their purchase.

Viajes Reina makes available to users advance tickets provided by the Promoter so that they may access Events or the Venue. This prepaid service, unless Viajes Reina expressly indicates so in the service offered, does not include services for reserving exclusive space at the Venue nor services for advance or preferential access to the Event.

The user, through the Website and during the purchase process, may acquire a valid ticket to enter the Event or Venue.

At Events that involve the collection of tickets, the user must, together with their companions if any, present themselves at the box offices of the Venue with the ticket or reservation coupon and their DNI before the time included on the ticket and which is set as the deadline for being able to access with the Venue ticket. Should they not access before said time, the Promoter may deny the user access to the Event or Venue, or require the payment of an amount as an additional supplement for access to it outside the deadline.

Tickets may carry discounts or additional services that will be published or communicated to the user during the reservation or purchase process and, furthermore, in the confirmation thereof by email.

The user who has obtained a ticket must present themselves at the box office of the Venue at the time set on the ticket to confirm the purchase of the service. The company organising the Event or activity and Viajes Reina have no obligation whatsoever to provide the service or facilitate the services purchased if one arrives outside the specified deadline.

Should the user not attend on the date and time set on the ticket, Viajes Reina will not refund the amounts paid as an advance and reserves the right to expel the user from the Website. The ticket, which gives the right to enjoy the services, may not be used for advertising, commercial, promotional, gaming, contest or betting purposes, without the prior, express and reliable authorisation of the Promoter.

11.2 GENERAL CONDITIONS APPLICABLE TO ALL THE SERVICES

The user must go to the box office of the event or show, or to the entrance of the Venue as indicated by the Promoter. To enjoy the services, it is essential to present the following: the user’s DNI and the ticket purchased when the latter has been purchased through the Website. The user may download the ticket by means of the download formats provided by the Website. All of them are attached to the purchase confirmation email. Furthermore, given that the Promoter reserves the right of admission, the user must present at the Venue the DNI as holder of the purchase. All these documents or elements are mandatory, and without them the services will not be provided.

The user is reminded that the Promoter may exercise its right of admission to the premises with respect to the attending public, all this without prejudice to the right that the user may have to claim from the Promoter of the event the refund of the amounts they have previously paid. Viajes Reina disclaims all liability in the event that the Promoter denies the user access to the Venue or Event, with the user having to submit their claim directly to the Promoter.

12. RIGHT OF WITHDRAWAL. REFUNDS

In accordance with the provisions of the Real Decreto Ley 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias, users are hereby informed of the following aspects:

In accordance with the provisions of article 103 paragraph l) of the Real Decreto Ley 1/2007, the user is informed that it will not be possible to exercise the right of withdrawal over the services provided through the Website, as these are services related to leisure activities that provide for a specific date or period of performance.

Should the Event or activity be cancelled, Viajes Reina will proceed to refund the amounts paid by the user within thirty (30) days from the date of the public announcement of the cancellation. However, if the suspension is carried out once the Event has begun or the Venue is open to the public, Viajes Reina will not proceed to refund any amount, without prejudice to the right that the user may have to claim from the Promoter.

Should a change of date, time, place or any other circumstance of the Event occur, Viajes Reina will communicate it to the user as soon as it becomes aware of it. Users are informed that, in this case, they must exercise their right of refund with respect to the amounts paid before the Promoter.

Notwithstanding, with regard to everything concerning cancellations and changes to the Event, the user may exercise before Viajes Reina all the rights conferred on them by consumer regulations.

Under no circumstances will bad weather conditions give the user the right to demand the refund of the amounts paid, unless the Promoter has expressly cancelled it.

Where applicable, the refund of the total amount will be made through the means used by the user to make the initial payment, unless the user states a different one, in which case they may incur additional costs.

In the case of a claim by the contracting user for compensation due to the delay produced in the trains that form part of the combined tourist package contracted, and given the impossibility of individualising the services that make it up, such compensation will be subject to the conditions that the various operating companies have stipulated for this purpose in relation to the rates of the package actually contracted.

Viajes Reina, in the face of any change that occurs in an Event, undertakes to:

13. LIABILITY OF VIAJES REINA WITH RESPECT TO THE ADVERTISING OF THE SERVICES

Viajes Reina undertakes that the contents, data or information relating to the services offered on its Website are reliable, truthful and accurate, being responsible for the prices and characteristics advertised. Nevertheless, it will not be responsible for that information which has been introduced, displayed or modified by third parties unrelated to Viajes Reina.

The photographs, texts, graphics, information or characteristics reproduced that illustrate the services for sale are not contractual, so they may vary. Nevertheless, we always ensure that the description of the services is as close to reality as possible.

14. CUSTOMER SERVICE

Viajes Reina, as the party responsible for the Website and in charge of the marketing and sale of the services offered solely through it, makes available to users a customer service, available under the conditions reflected on the website in the corresponding section.

15. LIABILITIES

The parties undertake to comply with their legal and contractual obligations generated by virtue of this contract.

The parties will be liable for the infringements they may have personally incurred, with the opposing party remaining indemnified against any error, fault or negligence not attributable to it, and against all harm arising from such infringements or errors attributable to the other contracting party.

16. DURATION AND MODIFICATIONS

These Terms of Contracting will enter into force at the moment you make the payment for the purchase of the services offered on the Website that the user has chosen, and will have an indefinite period of validity, unless one of the parties decides to terminate it, and will be applicable to all the contracting and/or requests that you make through the Website.

Viajes Reina may terminate the contract when it detects an unauthorised, or allegedly unauthorised, use of the service offered, whether for breaching these Terms of Contracting or for any other objective cause. Should Viajes Reina exercise this power, it will assume no obligation or liability, nor will it refund the user the amounts they may have paid previously.

For their part, the user may terminate these Terms of Contracting at any time, by unsubscribing from the Website. Nevertheless, the obligations that may remain in force after the moment of termination will continue to bind both parties as stipulated.

In any case, Viajes Reina recommends that the user periodically consult these Terms of Contracting, as they may undergo modifications. Should any be carried out, the user will be informed in advance for their acceptance or rejection. In any case, the user will be deemed to expressly accept such modifications or updates if they place a new order through the Website.

Should they be accepted, the modification and entry into force of the new contract will fully replace the conditions in force between the parties so as to take effect on the new purchases or reservations made as from the date of acceptance of the new conditions.

17. SAFEGUARD CLAUSE

All the clauses or provisions of these Terms of Contracting must be interpreted independently and autonomously, with the rest of the stipulations not being affected in the event that one of them has been declared null by a court judgment or a final arbitral award. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the Terms of Contracting of the Website.

18. DISPUTE RESOLUTION

Any matter related to the additional conditions provided by the Promoter and shown on the Website, the user must bring to the attention of Viajes Reina, who will mediate in order to find a solution between the user and the Promoter.

The current regulations will determine the laws that must govern and the jurisdiction that must hear the relations between Viajes Reina and the users. Notwithstanding, in those cases in which said current regulations provide for the possibility for the parties to submit to a determined jurisdiction, Viajes Reina and the user, with express waiver of any other jurisdiction that may correspond to them, submit to Spanish legislation and to the Courts and Tribunals of the city of Madrid capital.

To submit claims regarding the use of the services of Viajes Reina, you may address them by mail to the electronic or physical address indicated in the “Identification” section, with Viajes Reina undertaking to seek at all times an amicable solution to the conflict.

Last updated: 1 January 2017.

19. PROCESSING OF CUSTOMER DATA

On behalf of the company, we process the information you provide us with in order to provide you with the requested service and to carry out the invoicing thereof. The data provided will be kept for as long as the commercial relationship is maintained or for the years necessary to comply with legal obligations. The data will not be transferred to third parties except in cases where there is a legal obligation. You have the right to obtain confirmation as to whether at VIAJES REINA, S.L. we are processing your personal data, and therefore you have the right to access your personal data, rectify inaccurate data or request its deletion when the data is no longer necessary.

Likewise, I request your authorisation to offer you products and services related to those requested and to build your loyalty as a customer.

By using the services of ofertren.com managed by Viajes Reina, you will enter into a contract directly with Viajes Reina, subject solely to their general terms and conditions.

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