1. IDENTIFICATION OF THE MEMBERS

According to the provisions of article 10 of Law 34/2002, of July 11, in reference to Information Services and Electronic Commerce (Spanish regulation), the following are disclosed:

On the one hand, Sergio López Robledo owns the intellectual property rights of XCAFly brand marketed with the domain xcafly.com, with tax address at Carretera de Mairena 21, 18494 Nevada, Granada, Spain.

And, on the other hand, the “User”, who accesses the page to find out and/or contract the services offered through the Web.

2. DEFINITIONS

For the purposes of the following legal text and defined in art. 151 of Royal Decree-Law 23/2018, of December 21 (Spanish regulation), shall be understood as:

a) ‘‘Travel service’’:

1st The transport of passengers.

2nd accommodation when it is not an integral part of passenger transport and does not have a residential purpose.

3rd The rental of passenger cars, of other motor vehicles within the meaning of article 2.21 of Royal Decree 750/2010, of June 4, which regulates the procedures for the approval of motor vehicles and their trailers, self-propelled or towed machines, agricultural vehicles, as well as systems, parts and pieces of said vehicles, as well as the rental of motorcycles that require a category A driving license, in accordance with the provisions of article 4.2.d) of Royal Decree 818/2009, of May 8, which approves the General Regulations for Drivers.

4th Any other tourist service that is not an integral part of a travel service defined in the three previous sections.

b) “Combined trip”: the combination of at least two types of travel services for the same trip or vacation, if those services:

1.º are combined by a single entrepreneur, even at the request or according to the traveler’s selection, before a single contract is concluded for all the services, or

2nd regardless of the conclusion of different contracts with different travel service providers, those services:

i) they are contracted at a single point of sale and selected before the traveler agrees to pay,

ii) are offered, sold or invoiced at a lump sum or lump sum price,

iii) are advertised or sold as a “package trip” or under a similar name,

iv) are combined after the conclusion of a contract under which the operator allows the traveler to choose between a selection of different types of travel services, or

  v) they are contracted with different businessmen through connected online reservation processes in which the name of the traveler, their payment details and their email address are transmitted by the businessperson with whom the first contract is concluded to another or other businessmen with whom another contract is concluded, no later than twenty-four hours after the confirmation of the reservation of the first travel service.

The combination of travel services in which a maximum of one of the types of travel services referred to in paragraphs 1, 2 or 3 of letter a) is combined with one or more of the services referred to in section 4, it will not be considered a combined trip if these tourist services do not represent a proportion equal to or greater than twenty-five percent of the value of the combination and are not advertised or do not constitute for any other reason a characteristic essential part of the combination, or if they have only been selected and contracted after the execution of a travel service contemplated in the aforementioned sections 1, 2 or 3 has begun.

c) ”Combined trip contract”: the contract for the package trip as a whole or, if said trip is carried out under different contracts, all the contracts that regulate the travel services included in it.

d) “Start of the package trip”: the beginning of the execution of the travel services included in the package trip.

e) “Linked travel services”: at least two different types of travel services purchased for the same trip or vacation, which, without constituting a combined trip, give rise to the execution of different contracts with each of the individual travel service providers, if an entrepreneur provides:

1st on the occasion of a single visit or contact with your point of sale, the selection and separate payment of each travel service by travelers, or

2nd specifically, the contracting of at least one additional travel service with another businessman, provided that it takes place no later than twenty-four hours after the confirmation of the reservation of the first travel service.

When a maximum of one of the travel services referred to in paragraphs 1, 2 or 3 of letter a) and one or more of the tourist services referred to in paragraph 4 are purchased, no will constitute linked travel services if the latter do not represent a proportion equal to or greater than twenty-five percent of the value of the combination and are not advertised or are not for any other reason an essential feature of the trip or vacation.

f) ”Traveller”: any person who intends to enter into a contract or has the right to travel by virtue of a contract entered into in accordance with this book.

g) ”Organizer”: an entrepreneur who combines and sells or offers package tours directly, through or together with another entrepreneur, or the entrepreneur who transmits the traveler’s data to another entrepreneur for the purposes of what is indicated in paragraph b ) 2nd v).

h) ”Retailer”: businessman other than the organizer who sells or offers package tours by an organizer.

j) ”Unavoidable and extraordinary circumstances”: a situation beyond the control of the party alleging this situation and whose consequences could not have been avoided even if all reasonable measures had been taken.

k) ”Lack of conformity”: the non-execution or incorrect execution of the travel services included in a combined trip.

l) “Minor”: any person under eighteen years of age.

m) ”Point of sale”: any retail facility, whether movable or immovable, or a retail website or similar online retail sales device, even when these websites or devices are present to travelers as a single device, including a telephone service.

n) “Repatriation”: the return of the traveler to the place of departure or to any other place agreed upon by the contracting parties.

3. GENERAL CONDITIONS OF CONTRACT

3.1 ORGANIZATION, USE OF THE WEBSITE AND CONFIRMATION

XCAFly , offers the use of this website to Users, conditioned to the acceptance without modifications by them of the General Conditions herein stated. By the use of this website by the User, it is understood that the User agrees with all the terms and conditions set forth therein.

The User declares that he is of legal age (that is, he is at least 18 years old) and has the necessary legal capacity to be bound by this agreement and to use this website in accordance with the General Conditions set forth herein, which he declares who fully comprehends and comprehends. In the event of contracting by minors, the authorization of the legal representatives will be required to access the services that may have been contracted.

The User also declares that all the information provided by him to access this website and in the course of using it, is true, complete and accurate and undertakes to keep it updated.

3.2 ACQUISITION OF SERVICES

The making by the User of reservations of the services that can be found on the Web, can be made through the contact form, by email or by phone, these not being counted as confirmed until the signing of the respective binding contract between both parties, XCAFly and the User.

The formalization of the contract is carried out at the same moment of the confirmation of the acceptance of the general conditions, privacy policy and the payment. In accordance with the provisions of article 27 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the electronic document in which the contract for the acquisition of any of the Services, will be filed in the records of XCAFly and will be accessible to the User at any time, requesting it by email to info@xcafly.com. Likewise, the User is informed that the contract may be formalized in all the languages in which this Website is accessible.

The acquisition of the right to receive or enjoy any contracted Service, will only be effective at the moment in which XCAFly makes the charge in a valid way on the credit or debit card provided or is received, in those cases in which this is allowed, the transfer for the total amount of said purchase. XCAFly reserves the right to cancel the Reservations made in case of non-payment, return of the payment, denied card, false information provided or in the event of manifest impossibility to verify and verify the data of the card provided. The User will be responsible for ensuring that the credit or debit cards they use are their property and that there are sufficient associated balances to cover the cost of the contracted Service.

When the client pays the entire reservation, XCAFly will provide the User with all the necessary documentation, vouchers and documents that he must take directly to the trip.

The descriptions of the trips that appear on the Website specify the Services included in the price of each trip. Prices are indicated in Euros, unless otherwise indicated.

3.3 PAYMENT FOR SERVICES

To confirm the purchase of the service, client or travelers representative must pay within 48 hours the amount equivalent to 50% of the package price by bank transfer to an account that will be provided by email. The remaining 50% must be paid within a maximum period of 60 days before arrival day in Xcalak

3.4 PRICES

Unless otherwise expressly indicated, the price will not include any other services not specified in the INCLUDED section, such as, but not limited to, visas, vaccination certificates, ” extras” such as coffees, wines, spirits, massages, medical, therapeutic or health treatments; and any other similar service that the establishment offers for a price independent from that of the main accommodation service contracted.

All taxes are included

The User must cover all the bank expenses or fees in such a way that XCAFly always receives the net amount described in the “combined travel contract”.

The User may pay for the services in Euros (EUR) but US Dollars (USD) or British Pounds (GBP) are also accepted plus the application  2% commission on the price stipulated on this Website.

3.5 AIR TRANSPORTATION SERVICES

XCAFly, as the legal owner of this website, offers different air transport services to the User, acting on behalf of air carriers. In no case may the exploitation of this website be interpreted as an instrument for the direct sale and in its own name of said services; XCAFly acting as intermediary of the service.

3.6 MODIFICATIONS AND CANCELLATIONS BY THE USER

Modifications prior to the start of trip:

In the event of modifications to your Reservation, XCAFly cannot ensure the availability of the Service Provider or Providers for the new dates or required conditions. Once your request is received, the providers will be contacted to confirm the new conditions, which will be offered to the User for acceptance. The management expenses for modifications of any service contracted through XCAFly will depend, where appropriate, on the Provider, if applicable, and on the regulations in force at that time.

• For CANCELLATIONS done up to 60 days before the trip: 100% refundable
• For CANCELLATION done from 60 to 15 days before the trip: A non-refundable 20% will apply. You can postpone the trip and we will deduct the 20% on the new booking.
• For CANCELLATION done 7 days week before the trip: A non-refundable 50% will apply. You can postpone the trip and we will deduct the 50% on the new booking.

 

3.7 TRAVEL INSURANCE

We suggest to hire a travel insurance before getting in Mexico.

We can provide you this service through our partner IATI Insurances.

We will not be responsible for the expenses that may be caused to the client due to the cancellation of their trip, health care in the country of destination or repatriation.

4. PROTECTION OF PERSONAL DATA

In accordance with the provisions of the General Regulations for the Protection of Personal Data and other applicable regulations on the matter, we inform you that the personal data you provide us through our website or through emails will be processed by XCAFly as responsible for the treatment to be able to carry out the requested transactions, as well as receive periodic notifications through electronic means. The legitimacy of the treatment resides in the provision of the requested services. You can expand more information about the processing of your data for the purposes described in the privacy policy, which must be read, understood and accepted for the use of the services provided through XCAFly.

XCAFly is committed to complying with the obligation of secrecy of personal data, therefore it has adopted the necessary measures to prevent its alteration, loss, treatment or unauthorized access, taking into account at all times the state of technology.

In any case, all users have the right to exercise, at any time, the rights of access, rectification, limitation of treatment, deletion, opposition, limitation of treatment, and portability of data that assist them, by writing to info@xcafly.com, proving your identity.

5. CLAIMS

The sale is understood to be made in Spanish territory, so for any interpretative or litigious questions that may arise, Spanish legislation will apply and, in the event of a dispute.

The Travel Package Contract is governed by what is agreed by the parties, what is established by these General Conditions and by the provisions of Royal Legislative Decree 1/2007 of November 16. Possible consumer claims for the lack of execution or deficient execution of the Contract must be made in writing through the Retail Agency within a maximum period of 30 days from the day the trip ended. In order to simplify the resolution of claims by civil means and reduce costs to the consumer, since it would not require lawyers and/or solicitors, the Organizer does not exclude the possibility of submitting to an Equity Arbitration of the Court of Arbitration of the Chambers of Commerce and Industry. The Organizer of the combined trip is not adhered to any arbitration system of the Consumer Boards.