The client should know that the legal framework applicable to combined travel contracts is composed of the present General Conditions, the specific conditions of each concrete offer, as well as the Real Decreto Legislativo 1/2007 of November 16 (amended by Law 3/2014 of March 27), approving the Restated Text of la Ley General para la Defensa de los Consumidores y Usuarios (the General Law for the Defense of Consumers and Users). This also includes all of the regulations issued in the development of this law and related matters.
The use of the Howlanders.com website, as well as the hiring of any of the services offered in it, implies the express acceptance of the General Conditions that appear below. Howlanders.com reserves the right to modify the present General Conditions at any time and without prior notice. Notwithstanding the above, any change in the General Conditions will not affect those reservations made prior to the modification. Therefore, we strongly recommend our customers to read carefully and keep a copy of these conditions before formalizing their reservation.
In case the client contracts specific tourist services, that is, not included in a combined trip, the client states that he also accepts the General Conditions of the provider of the service that will appear in the contracted offer. In case of conflict between the General Conditions of Howlanders.com and those of the service provider in these types of offers, those of the latter will prevail.
General Conditions
1. Legal capacity to contract
The client declares that they are of legal age in accordance with the laws of his country of residence (over 18 years in the case of Spain) and that has sufficient legal capacity to contract the services offered by Howlanders.com. In addition, the client states that they understand and accept all the General Conditions set forth herein and will use our website and services offered in accordance with the applicable regulations.
The hiring of services offered on our website by minors only will be valid with the prior authorization by the parents or legal guardians of the minor. The authorization prior will also be mandatory when our services are contracted on behalf of another person.
2. Veracity of the essential elements of the contract
The customer is solely responsible for the truthfulness and accuracy of the data provided to Howlanders.com in the reservation process since Howlanders.com can not verify the authenticity. The data that are requested from our customers are data necessary to guarantee the correct provision of the contracted services and must appear as they appear in the DNI or passport. These data are the following: name and surnames, phone and email. Howlanders.com is not responsible for the consequences derived from the introduction of false or incorrect data in the process of reserving and reserves the right to cancel the reservation without prior notice and to interpose the relevant legal actions to safeguard their interests in case of actions of a fraudulent character.
The client is fully and exclusively responsible for correctly establishing the number of passengers who will enjoy the services contracted, including children and babies, at the time of booking. The client has to be aware that the service provider can deny it if the number of travelers does not match the number indicated on the reservation, and no claim can be made by the customer in these cases.
3. Booking process and related customer communications.
The booking process in Howlanders.com consists of two steps. In the first step, the customer requests the reservation and completes the payment for the reservation. In the second step, Howlanders.com confirms or declines the reservation request based on the response received from the final activity provider. In case of not being able to confirm the reservation, alternatives will be offered (dates, type of accommodation, type of activity) and/or the refund of 100% of the payment made by the client.
Communications with the client during the booking process via email are detailed below:
● E-mail of payment confirmation: it is sent immediately after making the reservation request payment and contains the essential elements of the contract on the contracted services (price, check-in date, check-out date, number of people, and activities included in the package). The purpose of this communication is merely to record in writing the amount paid by the customer and the essential elements of the reservation request.
● E-mail booking confirmation: it contains the documentation of the contracted services, indications to be taken into consideration and the service provider is indicated. In case the customer does not receive the email with the booking documentation within 48 working hours after completing the payment, the customer must contact Howlanders.com by calling + 34 644318104 or writing an email to hello@howlanders.com.
If it is not possible to confirm the reservation, the client will receive an email directly from the Howlanders reservations team offering the alternatives mentioned at the beginning of this point and/or a 100% refund of the amount paid.
4. Vagueness or inaccuracies in the essential elements of the contract
In the event that the data provided in the reservation process or information relating to your reservation (price, description of the service contracted, date of entry, date of departure, number of people) contains typographical errors or is not correct for causes attributable to the customer, you must immediately contact Howlanders.com by calling customer service at +34 644318104, or by sending an email to h ello@howlanders.com.
In these cases, Howlanders.com will do everything possible to try to modify your reservation with the correct information and will not charge management fees for this modification if the customer notifies Howlanders.com via email to h ello@howlanders.com within 24 hours after receiving the initial confirmation email. Notwithstanding the above, Howlanders.com avoids all responsibility if the change was not possible, or if the provider of the contracted services demanded an increase in the price as a consequence of changes in the essential elements of the contract. All the relevant information of your reservation is detailed in the email confirmation of your reservation that is sent immediately after the end of the reservation process. The more diligent you are in reviewing your reservation information and communicate to Howlanders.com the possible errors, the greater the probability of being able to correct them with the lowest possible additional cost.
5. The retail price
The prices published on our website are final prices for all activity and for all passengers on the reservation and include VAT. However, the authorities of certain Autonomous Communities of Spain or of other countries can tax our services with additional tourist taxes that must be paid directly in the destination by the client.
The price of the contracted services does not include the cost of visas, vaccines, flights (in case of not indicating otherwise) or other optional services.
The client is responsible for complying with the government documentation requirements corresponding to the country of destination. All the information related to this topic can be found on the website of the Spanish Ministry of Foreign Affairs (w ww.mae.es) .
It is one of the main objectives of Howlanders.com to always offer its customers precise information and without typographical errors taking into account the means available in reach. In case these types of errors appear, Howlanders.com will try correct them as soon as possible. Notwithstanding the foregoing, if there is a typographical error in one of our prices and a customer made a reservation based on that error, Howlanders.com would assume the ruling and process the reservation except in those cases where the difference in price is so disproportionate compared to the average market prices for these type of services that any client would have noticed said error.
6. Description of contracted services
Howlanders.com tries to help its clients when choosing contracted services in terms of quality and comfort. To do this, they show the category of accommodation and transportation according to the regulations of each region. The client must take into account that in many cases the quality standards of each region or country are not homogeneous with each other. Therefore, we strongly recommend our customers to carefully read the descriptions of the different activities, as well as the opinions that both our clients and service providers provide us with.
7. Payment of the contra ted services
Howlanders.com offers two payment options for contracted services.
● Make the reservation through a partial payment, and complete the rest of the payment in destination to the service provider (indicated in the email containing the documentation of the reservation, complying with the payment regulations of the latter, that will be specified in said email).
● Make the payment for the total amount of the services contracted.
For both options three payment methods are offered: debit/credit card, PayPal or bank transfer. In reservations where the method of payment chosen is through a bank transfer, the client has 24 working hours to make the payment.
Regardless of the payment method, in case you have chosen the full payment option of the amount, if for any reason other than howlanders.com is pending payment part of the price of the reservation, Howlanders.com reserves the right to cancel the reservation without the return of the amounts already paid by the client.
In case of non-compliance with any of the conditions indicated above, Howlanders.com reserves the right to cancel the client's reservation without prior notice.
As previously mentioned, the documentation of the reservation is a payment certification that serves as a receipt or proof of payment for the contracted services. Notwithstanding the above, some service providers may request the customers’ credit card number upon arrival, or a deposit, as a guarantee of an eventual payment of additional services verified on site.
Also, this serves as a guarantee for possible damages caused in the material used.
For more information about the booking process, the client has a section called \"How to make a reservation\" where it explains in detail the steps that you have to continue to complete a reservation.
8. Partial reimbursement to the client for not enjoying the contracted services
Howlanders.com will have no obligation to reimburse the client for those services from which he has not enjoyed for causes attributable to him, adverse weather conditions or causes other than Howlanders.com. Otherwise, the provisions of the section called \"cancellation policies\" will be applied.
If the activity is canceled once started, no refund will be made, regardless of the cause of said cancellation.
9. Cancellation policy or modification of a reservation attributable to the client
In the case of cancellation of the reservation, the rules detailed in \"Cancellation policies\" indicated specifically for each service are the rules that apply. The service provider contracted may charge the cancellation fees specified in the conditions of each offer if the cancellation occurs within the period of the right to penalize.
In the event of reservation modifications, any change will be subject to the availability of the service provider. These modifications can generate changes in the price of the reservation associated with the application of new rates for the requested period that will be determined once the client communicates his request to howlanders.com
Any modification or cancellation of a reservation must be made in writing by sending an email to h ello@howlanders.com. No communication will be valid if it is done by phone or another way. These requests will be answered during the business hours of Monday to Friday from 10:00 to 19:00 and Saturdays from 10:00 to 14:00. Outside of that schedule, the cancellation date or effective modification will be the next business day.
10. Overbooking and other modifications in the reservation attributable to howlanders.com or to service providers
In case Howlanders.com or any of the service providers find themselves obligated to significantly modify some essential element of the contract (accommodation, dates, amount...), the client will be informed immediately. The client will have the power to terminate the contract without any type of penalty, or accept the variations proposed by Howlanders.com or by th service provider. In any case, the client must communicate the decision that he adopts within three days of the notification of the modification. In the event that the client does not perform such notification, it will be understood that you opt for the termination of the contract without any penalty.
In these cases, Howlanders.com will make the greatest efforts to offer the customer an activity of the same or higher category to which he had originally chosen without additional cost. Howlanders.com would assume the additional cost associated with this change. In case the client does not accept such change, Howlanders.com will refund 100% of the amount of the reservation.
Howlanders.com never practices overbooking, but can not control that certain providers of the services offered may carry out this type of practice in specific moments. In these cases, the conditions seen in the previous paragraph would then apply.
In those cases in which the refund of the amounts paid by the client proceeds, Howlanders.com will reimburse the amount as soon as possible, avoiding that in any case the term exceeds 14 business days (as long as confirmation is not necessary
from the service provider that said reimbursement is adequate, in which case the term could be extended until you receive this confirmation). In the event that the customer has made the payment of their reservation by credit card, the amount will be returned to the account associated with that card. On the other hand, if the client made the payment of his reservation by bank transfer, Howlanders.com will ask the customer (through the email with which the reservation was made) for the bank account number to which they want the corresponding refund to be made.
In any case, clients have a period of 2 years to formulate the relevant claims for non-execution or deficient execution of the contract.
The payment of compensations will not apply in those cases in which the cancellation of the reservation is due to force majeure or failure to reach the minimum number of persons registered for the departure of a certain trip as long as the legal requirements established in article 159.4 of Real Decreto 1/2007 for the Defensa de Consumidores y Usuarios (Defense of Consumers and Users).
Certain activities that can be contracted through Howlanders.com involve a minimum number of passengers, therefore, in case that 10 days before departure the minimum mentioned amount established by the service provider has not been reached, Howlanders.com reserves the right to cancel the trip and commits to reimburse the client for the total amount paid. The cancellation will be communicated, at least, by sending an email from h ello@howlanders.com. In case the client has not supplied a valid email, Howlanders.com avoids any liability that lack of communication could derive.
11. Exclusion of liability
Both Howlanders.com and “Vaciar Cache S.L.” will be exempt from liability when the following circumstances occur:
● When there is a lack of punctuality of the user and/or because the user is not in the agreed meeting point and misses the reserved activity.
● Damages and robberies that affect the users and their belongings during the enjoyment of the activities and/or during the journey of the transfer service hired.
● Meteorological circumstances in which the activity is carried out, as well as any changes in the itinerary or cancellations due to climate adversity.
● If the supplier can not access for the client's pick-up at his / her accommodation and he / she rejects an alternative pick-up point.
The participant claims to have knowledge that the activity takes place in the field of mountainous adventure, and assumes the physical risks involved. The participant also acknowledges that they have been informed by the provider of all the characteristics of the activity (physical, psychological, material, place, etc.) and perform it in full knowledge of them.
Therefore, both Howlanders.com and “Vaciar Cache S.L.” will be exempt from responsibility in relation to the injuries, damages and/or accidents that the user both during the performance of the contracted activity and before, preventing them from doing it.
In accordance with the current legislation regulating private insurance and complying with the Real Decreto Legislativo 1/2007, of November 16, approving the text consolidated with la Ley General para la Defensa de los Consumidores y Usuarios (the General Law for the Defense of Consumers and Users) and other complementary laws, and in relation to travel packages, private insurance is not included within the hiring of the activity or service from the Howlanders.com website. According to what has been said above, is not included in the price of the activity contracted nor an insurance contract that covers the cancellation expenses for the consumer and user, nor an assistance contract covering the cost of repatriation or transfer to the place of origin, in case of accident, illness or death.
In compliance with said Real Decreto, we inform the user the possibility to contract the mentioned insurances optionally, with no connection with any of our services, Howlanders, or with \"Vaciar Cache SL\". This would be an exclusive decision of the user to contract a private insurance, as well as the insurer and its conditions.
12. Intellectual and Industrial Property Rights
All content, brands, logos, drawings and designs and any creation that appears on the Howlanders.com website are protected by the intellectual and industrial property rights and are expressly reserved for “Vaciar Cache S.L.” or, in its case, for the natural or legal persons listed as authors or owners of the rights. The violation of the above rights will be prosecuted in accordance with the current legislation.
Therefore, the reproduction, exploitation, alteration, distribution or public communication by any medium of the totality of the contents of the Howlanders.com website for uses other than legitimate information, or hiring by the clients of the services offered, is strictly prohibited. In any case, prior written consent of Howlanders.com will be essential, especially those that refer to the use or copy of the images contained on the Howlanders.com website.
Howlanders.com reserves the right to deny or withdraw access to the website and/or to services, at any time and without prior notice to those customers who violate these General Conditions.
Howlanders.com makes important efforts to show updated photographs and illustrations of good quality of the services offered on our website. This is done with the objective of helping our customers make the best purchase decision with all information available to them at any time. However, these photographs should not be considered as an exact statement of the services offered, but as an approximation or orientation of the contracted services.
13. Contract file
Howlanders.com informs you that the document that collects the contract by means of which the customer acquires any tourist service from our website will be archived in a database by the travel agency, according to the GDPR (European General Data Protection Regulation).
14. External links and third party information
The client must know that within our website there are links to other websites of third parties over which Howlanders.com has no control and which obviously does not make Howlanders.com responsible for them. These links are offered for informational purposes only for the client.
Additionally, Howlanders.com will not be held directly or subsidiarily responsible for the information entered by customers or collaborators.
15. Browser and operating system
Howlanders.com will not be responsible for the impossibility of using the services offered on our website due to the faulty configuration of the browser or the computer of the client. This also includes the insufficient capacity of said equipment to process the systems of Howlanders.com in order to use the services offered.
16. Jurisdiction and competent courts
The client, regardless of his country of residence, accepts that the legislation applicable to the contract that regulates the contracting of our services is the Spanish legislation. They will be competent, to meet any dispute arising from the interpretation or application of the present General Terms & Conditions and the Judges and Courts of Castellón (Jueces y Tribunales de Castellón). An exception occurs when the client has “consumer” status, according with the Real Decreto Legislativo 1/2007 of November 16, that approves the Restated Text of la Ley General para la Defensa de los Consumidores y Usuarios (the General Law for the Defense of Consumers and Users), in which case the courts of the consumer's domicile will be competent.
If any of these General Conditions’ articles were declared totally or partially null or ineffective by the competent Courts, said nullity or ineffectiveness shall only affect the article or the part of it that is null or ineffective, subsisting in everything else in the rest of the General Conditions. The clause or part affected for nullity or ineffectiveness will not be recognized.
17. Privacy Policy and Cookies Policy
The treatment and use of personal data provided by the client to Howlanders.com are included in the \"Privacy Policy\" section of our website that is also part of these General Conditions.
We use our own and third-party cookies to improve our services related to your preferences by analyzing your browsing habits, improving the relevance of the advertisements shown, and evaluating the general activity and use of our website. If you continue navigating, we consider you accept its use. You can obtain more information about this matter in the \"Cookies Policy\" section of our website that is also part of these General Conditions.
18. Claims
In case the client wants to make a claim against Howlanders.com or against any of the providers of the services, you must get in touch through hello@howlanders.com.