1.- Introduction The following text contains the general conditions (hereinafter the “General Conditions") applied to the purchase process on www.alsa.es/alsa-viajes owned by VIAJES ALSA, S.A.U., online travel agency with registered office at Calle Miguel Fleta, 4, 28037, Madrid, Tax Id Code A-28689891, registered in the Trade Register of Madrid, in Volume 25806, Sheet 201, Section 8. Page M-16079, Travel Agency Licence (CICMA): 3548. The user or customer (hereinafter the “User” or “Customer”) is hereby informed of these General Purchase Conditions, and the User has therefore been made aware of such conditions before the start of the purchase process. The User, by clicking the box “I have read and accept the General Conditions”, agrees to fully accept the conditions without reservation.
2.- Purpose The purpose of these General Conditions is to determine the legal conditions applied to the online purchase process between VIAJES ALSA, S.A.U. and the User to enable the purchase of the sightseeing products and services available on www.alsa.es/alsa-viajes. The services available for purchase through this website will be governed by the provisions set forth in their relevant general purchase conditions as published on the website, which may be viewed by the user at any time, either before or during the purchase process. These General Conditions must necessarily be accepted beforehand in order to purchase a service offered by VIAJES ALSA, S.A.U. through www.alsa.es/alsa.-viajes, as duly informed at the time.
3.- Identification of the Parties The company in charge of the contractual offer is VIAJES ALSA, S.A.U., online travel agency with registered office at Calle Miguel Fleta, 4, 28037, Madrid, Tax Id Code A-28689891, registered in the Trade Register of Madrid, in Volume 25806, Sheet 201, Section 8, Page M-16079, Travel Agency Licence (CICMA): 3548. The User is the purchaser of the sightseeing products offered on the website (hereinafter “products”), who should be aged eighteen (18) or over and should be legally qualified to enter into binding contracts. The user confirms that they are of legal age and legally qualified to enter into contracts in accordance with the provisions herein. VIAJES ALSA, S.A.U. shall not be made liable for the purchase of services by minors.
4.- Characteristics of the Products On this e-commerce website, the User may purchase different sightseeing products for the delivery of the Services hired. The description of each of these products is available by selecting and clicking the product chosen during the purchase process performed on this website.
5.- Purchase Process The purchase of the products chosen and their payment will be completed on the www.alsa.es/alsa-viajes website, owned by ALSA GRUPO S.L.U. with Tax Id Code B-82059478 and registered office at Calle Miguel Fleta, 4, 28037, Madrid, registered in the Trade Register of Madrid, in Volume 13281, Sheet 119, Page M-215156. By paying the product, the User agrees with the offer made by VIAJES ALSA, S.A.U. and the contract is understood as signed. Beforehand, the User must necessarily click the box "I have read and accept the general conditions". VIAJES ALSA, S.A.U. will send the User, within twenty-four (24) hours, an e-mail to confirm that the order will be carried out and to specify the details of the purchase.
6.- Sale of Sightseeing Packages for the Philip II Train The Company will sell sightseeing packages at the points of sale or tickets offices made available for such purpose. There the User may purchase the packages and ask for any relevant discounts depending on the terms of the service. In order to make the purchase of the sightseeing packages easier, there are other purchase methods available, including travel agencies, Internet, phone, self-vending machines, etc. that have their own conditions. The misuse of this website for fraudulent purposes will entail liabilities when there are grounds to confirm that it was done in bad faith, with fault or negligence. In order to perform the purchase online, the User must follow every step set on the website. The purchase will only be considered as completed after entering the financial data and clicking the "Pay" button. Upon this, the relevant amount will be charged to the card and the ticket will be issued. Tickets purchased online are made out to a specific name. When boarding the train, the user will be asked to provide the ticket and an ID card or other legal document that will prove the identity of the ticket owner. To prove the age of a minor boarding the train, they will be asked to show the official Family Record Book or ID card, where appropriate.
7.- Price of the Sightseeing Packages for the Philip II Train The total amount of the sightseeing packages purchased consists of the price of the services making up the package hired according to the Special System of Travel Agencies. Al purchases made on www.alsa.es and ALSA’s mobile apps will be performed in Euros.
8.- Discounts The conditions applied to cancelling or changing tickets with discounts are exactly the same as those applied to all other tickets. Nevertheless, some offers entail special restrictions regarding cancellations and changes, so please check the conditions of the relevant offer before buying the ticket as you will be agreeing to the conditions once you accept them. There are no discounts for large families.
9.- Payment Methods Payment by credit or debit card (American Express, Visa, 4B, Maestro or Mastercard), PayPal, BusPlus cash card or direct carrier billing supported by the platform operated by Cashlog, S.L. ("payment against mobile phone bill") are the only payment methods allowed on www.alsa.es. Tickets bought with the Cashlog, S.L. payment system ("payment charged to the phone bill") will only be refunded through this same payment system and will not be refunded in cash or to a credit/debit card in any case. Sales paid by PayPal and credit/debit card are performed by the company Servicios del Principado S.A. (Tax ID Code: A33088220) owned by ALSA.
10.- Invoice The ticket itself acts as the invoice as it shows all the details required under the current and relevant laws. Nevertheless, if you wish to receive an invoice for the services hired, you may: Use the form to request an invoice from the “Ticket Management” section on www.alsa.es. Ask the point of sale for a printed copy of the tickets and send them by post to: Servicio de Atención al cliente. C/Alcalá, 478. 28027 Madrid (Spain). Please specify the invoice recipient’s details and the address you wish to send the invoice to.
11.- Minors Children under 12 should always be accompanied by an adult. Prams and pushchairs are allowed on board the sightseeing train. Prams/pushchairs should be folded before boarding the train. Folded pushchairs that take up little space (umbrella type) may be kept in the passenger`s compartment, on the overhead rack. Bigger prams/pushchairs will be tagged (giving a matching ticket to the passenger) and taken by the attendants to the relevant storage compartment. Upon arrival at the destination, the pram/pushchair will be given back to the passenger once they produce the matching ticket. Prams/pushchairs are not allowed in the corridor, lobby or toilets. The train does not have any baby changing facilities or means to warm bottles. Children aged 4 or over must pay for a seat. Children under the age of 4 who wish to take a seat, will be considered as children and will therefore have to buy a ticket. Children under 4 who do not wish to take a seat will travel on the adults lap. They will not need a ticket in this case. The age of the child will be proved with the official Family Record Book or National ID Card if they have one. Such proof may be asked for when buying the tickets at a traditional point of sale or when boarding the train.
12.- Special Campaigns and Promotions Special campaigns with offers for certain tickets planned by the Company are subject to specific conditions that are available at the point of sale and on the website. Such conditions will prevail over any other conditions.
13. Cancellation Cancelling sightseeing packages is only allowed if requested at least 24 hours before the departure time. In the event of a cancellation, VIAJES ALSA, S.A.U. will refund the full package fare to the passenger when requested at least 48 hours before departure. If the cancellation is requested between 48 and 24 hours, the company will refund the fare minus 10%. Tickets with discounts or special offers, do not allow cancellations. If cancelled less than 24 hours before the departure, cancelation costs will be 100% of the booking fare except for cases of force majeure -as described in the Civil Code- that are duly justified and prevent the customer from using the services hired. To cancel the ticket, the passenger must go to the Company’s points of sale or ticket offices. Tickets bought through the sales and information service number 910 200 782 or the website www.alsa.es may be changed through the same channel where they were bought as long as these have not yet been issued. Tickets bought with the Cashlog, S.L. payment system ("payment charged to the phone bill") will only be refunded through this same payment system and will not be refunded in cash or to a credit/debit card in any case. Tickets paid with credit or debit card may only be cancelled against the card it was purchased with. Should the passenger fail to show up at the time and place of departure, they will miss the sightseeing trip and they will not be entitled to a change of service or refund of the fare. Failing to turn up at the meeting point for the activity at the right time (if applicable) or on the right day set for the service, will mean losing the booking with no right to financial compensation from ALSA.
14.- Changes Purchased sightseeing packages may not be changed. Should you need to change one, you must cancel the purchase and start a new purchase process.
15. Waiver This refers to the user’s right to give up the rights of a contract in certain circumstances without the need to justify their decision or without having to face a sanction. Pursuant to article 93 k) of the Spanish Royal Decree 1/2007 that passes the Revised Text of the General Law to Defend Consumers and Users, the distance selling regulations (save article 98.2) shall not be applicable to contracts for passenger transport services. For this reason, the right to waive rights shall not apply to bookings of passenger transport services. Therefore, should the user express their wish to cancel the tickets purchased, they shall have to face the cancellation conditions applied by the relevant transport operator.
16.- Liability VIAJES ALSA, S.A.U. will be liable to the customer according to the duties arising from its status as operator of the service hired for the satisfactory performance of the duties thereto, regardless of whether such duties are to be fulfilled by the company itself or through third parties and without prejudice to the right of VIAJES ALSA, S.A.U. to take action against the third parties running the service hired. Nevertheless, VIAJES ALSA, S.A.U. shall not be liable in the event of a deficient performance of the contract in one of the following circumstances: - The deficiency may be attributed to the customer. - The deficiency may be attributed to a third party that was not hired to provide the service in the contract and is of an unexpected or insurmountable nature. - The deficiency is due to force majeure causes and/or events that VIAJES ALSA, S.A.U. and the service operators could not have foreseen or overcome, despite having exercised due diligence. The remedies for the damages caused, if any, due to the deficient performance or non-performance of the service, will be limited to the provisions in the current Spanish regulations. The operator’s liability extends to the company who actually runs the service. The transport operator will not be liable for breaches that are not directly attributable to the company, or for breaches caused by a fortuitous case, force majeure, or to meet legal or administrative demands. Neither will the Company be made liable for missed connections with other transport means, whether owned or of a third party.
17.- No Smoking Smoking is strictly forbidden on the train (Art. 6 R.D. 1293/1999).
18.- Access to the Philip II Train Due to the characteristics of the train as a historic train and the characteristics of the subsequent tour, we inform people with disabilities or reduced mobility, that this service is not accessible. The train is not designed to carry people in their own WHEELCHAIR. People with disabilities or reduced mobility (not PRM using a wheel chair) may use the train, and will be helped by the people accompanying them or the train’s attendants. People with disabilities or reduced mobility will be given priority to board the train. The train’s corridors are narrow, making the use of wheelchairs or other mobility aid difficult, so the chair will need to be foldable and the person will have to access their carriage assisted by ALSAs attendants.
19.- Pets Pets are not allowed on the train unless they are legally authorized guide dogs who are allowed to travel at no extra cost on the train (travelling in the passenger’s compartment), with the necessary document to prove this and accompanying the visually impaired person or owner of the animal.
20.- Sports Equipment Due to the little space available on the train and the subsequent tours, no bicycles or other large sports equipment is allowed on the train.
21. Complaints There is a Complaints Book for customers at ALSA’s points of sale. In accordance with the current regulations, complaints must be filed within three months from the date when the service was provided or should have been provided. Within a month from receiving the complaint, the transport operator will inform the passenger that the complaint has been admitted, rejected or is being investigated. The period for a final answer will not be longer than three months from the date of delivery of the complaint.
22.- Contact Customers may contact us through the following means: - By using the e-mail forms in the "Contact" section on the www.alsa.es, www.trendefiliepii.com websites or by sending an email to: firstname.lastname@example.org - Phone: 902 42 22 42 or 910 200 782 - By post: C/Miguel Fleta 4, 2 28037 Madrid Misuse Best practices Philip II Train The user will be considered to be misusing the service in the following cases: - The ticket has not been validated on board the train or their status as passenger has not been proved. - If the ticket is reduced and the passenger cannot show proof of being eligible for the discount. - If the user shows a ticket that shows signs of having been doctored or falsified, the ticket will be confiscated and the user will have to show their ID for the police report. Then, the person will be asked to leave the train or facilities. - Users should behave in a civilized, appropriate and respectful manner towards other passengers and staff. It is strictly forbidden to: - Ride on bicycles, skate or other similar activities inside the facilities, lobbies and bays. - Get on or off the train after the acoustic warning. - Introduce objects or things that may be dangerous or annoy users. - Travel in places other than those allocated to the users or in inappropriate conditions. - Prevent or force the opening or closing of the train doors or tamper with the operating mechanisms that should only be handled by the company`s staff. - Use the train alarm devices without cause or prevent its appropriate use. - Distribute propaganda, put up posters, beg for money, organize gambling activities, sell or offer goods or services, or any artistic activity on the trains and in the facilities without prior authorization from the company.
23.- Data Protection Pursuant to the Spanish Organic Law 15/1999 of 13 December on Personal Data Protection, we inform you that by providing your personal data through our website, you are accepting and authorizing us to process such data under the terms established in this clause. The personal data gathered will be processed by computer or traditional methods, where appropriate, and entered into and stored in both databases owned by VIAJES ALSA, S.A.U., the travel agencies that markets the Philip II Train services, that is duly registered in the General Register of Data Protection. Generally, the purposes of gathering and processing your personal data are: (i) successfully manage the online purchase made of sightseeing products and services online; (ii) successfully manage the purchase of the sightseeing tour services chosen; (iii) contact the user; (iv) satisfactorily address and manage the bookings, queries, observations, incidents or suggestions made; (v) manage the basic administration tasks; (vi) keep you informed by email or any other means of news, products and services (if appropriate, ensure that they are provided successfully) related to VIAJES ALSA, S.A.U. or with companies in the passenger transport by road industry related to the company that may be of your interest. With regard to the use of your data for advertising or promotional purposes, the user will be provided, along with the form to gather data, a simple and free procedure to freely specify their opposition to this. The information provided will only be accessed by the authorized staff of the company and the company VIAJES ALSA, S.A.U., travel agency in charge of marketing the services offered through the website, and the operator of the sightseeing train offered on the website, agreeing to use the data provided, keep them confidential and use them in accordance with the purposes herein. VIAJES ALSA, S.A.U. has adopted the security levels required by law for personal data protection based on the type of information gathered, but has also deployed other means and technical measures available to avoid unauthorized tampering with, loss of, processing of, or access to the personal data provided. VIAJES ALSA, S.A.U. guarantees that it has taken the necessary security measures to ensure that the information and data you send us online remains secure and confidential. To do so, the company uses Secure Socket Layer (SSL) security technology, which enables the encryption of the information you send us and prevents unauthorized people from reading it, even when wrongfully intercepted. ALSA’s server is certified, which means that your browser can confirm ALSA’s identity before sending any information. This certificate guarantees the identity of the recipient computer where you are sending your data. The lock icon displayed on the lower margin of most navigators confirms that the SSL security is active. If you click this icon, you will view the certificate linked to the secure connection. Nevertheless, the user should be aware that security measures on the Internet are not inexpungable. You may exercise your rights to access, rectify, cancel or oppose the data in accordance with the current laws by requesting it by post to: VIAJES ALSA, S.A.U., calle Miguel Fleta 4, 28037, Madrid, always attaching a copy of your National Identity Card or an identity document which is deemed as equivalent by law as proof of your identity.
24.- Governing Law and Jurisdiction VIAJES ALSA, S.A.U. reserves the right to change, restrict or cancel these General Conditions from time to time. These General Conditions are subject to the Spanish Laws, in particular, to the Spanish Royal Decree 1/2007 on the General Law to Defend Consumers and Users. For any potential conflicts, the parties willingly agree to waive their right to their jurisdiction in favour of the Courts allocated to the customer`s home address.