General Terms and Conditions
1. OBJECT AND SCOPE OF APPLICATION
These General Conditions regulate all service contracts made through the website www.marellaexperience.com. They are incorporated into all contracts made through it and will be accepted by users who decide to contract any service offered or advertised through this website without reservation. These conditions may be modified, so it will be the user's responsibility to read them each time they make a contract, as the conditions in force at the time of the contract will be those that apply.
The User agrees, in the case of wanting to use any of the services offered via this website, to:
1.- Read these General Conditions in their entirety.
2.- Accept them prior to any use of the website.
3.- Comply with the obligations contained in these General Conditions.
4.- Save a copy of these General Conditions on a storable medium for prior consultation before making any reservation.
If you do not agree with these conditions or with the Privacy Policy, you should not use the website.
2. IDENTIFICATION OF THE PARTIES
The sale of services on this website is carried out by ZSEMBERI ZSUZSANNA, with registered office at Avda. Diagonal 441, 4th floor, Door B (08036) Barcelona and N.I.F Z0254774P, intra-community operator number for VAT purposes is "ESZ0254774P". Email: info@marellaexperien.com, and phone +34 663 445 901. Hereinafter TME.
The User is the purchaser of the tourist products offered on the website for the various activities available on the portal. The User must be over eighteen (18) years old and have full legal capacity to enter into binding contracts.
3. ACQUISITION OF SERVICES
To acquire any of the services offered on the website, you need to connect to www.marellaexperience.com and in the "reservations" section, select the type of product you want to purchase, enter the required information regarding the day and time to experience, you can add multiple date options or make a recurring purchase and specify the number of people. Then you must click "continue" and enter your personal information. To finish, click on "complete appointment" and a tab will open with the confirmation of your reservation. You will receive an email with the reservation details. Additionally, you can register as a user so that future purchases on TME are quicker and more convenient.
The contract is formalized at the moment of confirming the acceptance of the general conditions and privacy policy and the payment. The User is informed that the contract can be formalized in all the languages in which this website is accessible. The acquisition by the User of any services from providers through the website will be governed exclusively by the specific terms and conditions of those providers.
The acquisition of the right to receive or enjoy any contracted service will only be effective when TME validly charges the provided credit or debit card or receives payment through any of the accepted methods for such a purchase. TME reserves the right to cancel reservations made in case of non-payment, chargeback, declined card, falsified data, or the manifest impossibility to verify and check the provided card information. The user will be responsible for ensuring that the payment method used is their own and that there are sufficient funds available to cover the cost of the contracted service.
Once a payment is made on the website, TME automatically confirms the reservation and sends an email to the client indicating the reservation locator, a summary of the services purchased, and the details of the payment.
4. USER MODIFICATIONS
Modifications before starting the contracted experience
In case of modifications to your reservation, TME cannot guarantee availability for the new dates or conditions requested. Upon receiving your request, we will contact the third-party provider to confirm the new conditions, which will be offered to the User for acceptance. Management fees for modifications of any service contracted through TME will depend on the establishment in question and the current regulations at that time.
Modifications after starting the contracted experience
In case of any modification of the contracted conditions once the services have started, TME commits to making all necessary efforts to satisfy the user’s requests. Any requested modification that implies new conditions with the establishment will be offered to the User for prior acceptance.
5. SERVICE AVAILABILITY
In TME’s e-commerce environment, users can purchase various tourist products that allow them to access the contracted services. The description of each product, as well as its prices and specific conditions, can be obtained by selecting and clicking on the product you are interested in and then clicking on “more information.”
Please note that our services are only available if at least ten (10) people are registered. If this minimum is not met, customers will be offered an alternative date or a full refund.
Additionally, many products or services are subject to cancellation or rescheduling due to inclement weather.
Please read the description of each contracted product or service carefully.
6. PRICE AND PAYMENT METHOD
I.- Price
The descriptions of the tourist products listed on the website specify the services included in the price of each. Prices are indicated in euros. Unless expressly stated otherwise, any other services not specified, such as transportation to the meeting point with TME to start the experience, are not included in the price. TME may modify the prices of the products whenever it deems appropriate.
II.- Payment Method
Payments at TME are made through the STRIPE payment gateway, using credit or debit cards, Apple Pay, Revolut, or bank transfer. For payments made with cards issued outside of Spain, the issuing bank must adhere to the Secure Electronic Commerce Security Protocol (CES). Payments with cards that do not meet this requirement will not be accepted.
In some cases, after clicking the final payment button, the page may redirect to your bank's website and ask for an extra security code for payment with your Visa or MasterCard. This is the 3D Secure system, a security system developed by your bank that asks you to enter your personal password to make the purchase securely. This online purchase password with your card is completely personal and must be provided by your bank.
The client must inform TME of any improper or fraudulent charges on the credit or debit card by email at info@marellaexperience.com to carry out the pertinent checks and procedures.
TME reserves the right to reject any transaction made with a credit card. In this case, we will refund the amount to the original card.
7. DURATION OF THE CONTRACT
Once you have completed the reservation process and made the payment, you will be able to enjoy the Services acquired under the conditions contracted.
This contract will last as long as both parties must fulfill the obligations committed to in it.
This contract covers services related to recreational activities whose execution period is specified in the confirmation email of the request.
The reservation and the related contract can be formalized in the following languages: Spanish, English, and Hungarian.
8. CANCELLATIONS
All products or services contracted allow the user to exercise their right of withdrawal from the moment the reservation is made and up to a period of 72 hours before the contracted service is provided, free of charge.
All products or services contracted that are canceled 48 hours before the service is provided will only be refunded 50% of the amount of the product or service.
All products or services contracted that are canceled 24 hours before the service is provided will not be refunded any amount.
Failure to show up on the day and time stipulated in the contracted service will be considered for all purposes as an on-site cancellation of the service, and consequently, the cancellation policy with less than 24 hours' notice will apply, making it impossible to refund the amount paid or request changes in the service.
Extraordinarily, TME may consider refunding the purchase amount in the following cases:
• Severe service disruptions due to traffic cuts.
• Verified failures of our system.
• Trip cancellation due to airline strikes or natural disasters preventing travel during the purchase period.
• Cancellation of the Services due to an exceptional situation.
9. WARRANTIES
TME acts both as an independent intermediary between the User and third-party providers and as a direct provider of the contracted services. In case of any incident, the User must contact TME to adopt appropriate solutions. Third-party operators or TME, depending on who is effectively providing the services, will be responsible for the correct execution of the contracted services, keeping the User harmless, if applicable, to TME.
TME will provide the User with official complaint or claim forms, as well as, where applicable, online forms, to facilitate the User's adequate legal protection of their rights.
10. DISCLAIMER OF LIABILITY
TME declines any liability that may arise from improper use by the Users of its website and the online purchase procedure.
It also declines any responsibility for possible damages caused by third parties not attributable to TME.
TME will not be liable in case of interruptions of the Services, delays, errors, malfunctions, and, in general, other inconveniences originating from causes beyond TME's control and/or due to a malicious or culpable act of the User, and/or originating from force majeure or fortuitous events.
In case of abandonment or loss of the group during an excursion/tour for reasons not attributable to the organization, the User will not be entitled to a refund for the part not enjoyed nor will the organization cover any expenses incurred from that moment.
Regarding external links or hyperlinks to TME, those whose connection appears will be for informational purposes, not being under TME's control, and therefore TME is not responsible for the information they contain.
11. CUSTOMER SERVICE
For any questions, complaints, inquiries, comments, or suggestions, you can contact us via:
Customer Service Phone: +34 663 445 901
Email: info@marellaexperience.com
You can also contact us through the "contact" section of the website.
Claims and inquiries will be resolved as quickly as possible.
12. DATA PROTECTION
In accordance with current Data Protection regulations, all personal data provided during the use of the website will be processed in accordance with our Privacy Policy, which every User knows and accepts when visiting our website.
13. INDEPENDENCE AND INTEGRATION OF CLAUSES
The illegality, invalidity, or ineffectiveness of any clause included in these General Conditions will not affect the effectiveness of the rest, provided that the rights and obligations of the parties are not affected in an essential manner. Such clauses should be replaced or integrated with others that, being in accordance with the law, correspond to the purpose of those replaced.
14. APPLICABLE LAW AND JURISDICTION
Purchases made on www.marellaexperience.com are subject to Spanish law. In the event of any conflict or discrepancy in the interpretation or application of these contractual conditions, the parties submit to the Courts and Tribunals of Barcelona.