Terms & Conditions
Last updated May 1, 2009
Unless otherwise stated, purchases made through this website are subject to these Terms & Conditions; in all booking arrangements, the person making the booking shall be deemed to have accepted these conditions on behalf of the persons named in the booking.
Terms of Use
1.By using this website, you agree to be legally bound by these
terms, which shall take effect immediately.
2.If you do not agree to be legally bound by all the following
Terms & Conditions, please do not access and/or use this
website.
3.Top Day Tours (TDT) may change these Terms & Conditions at any
time by posting changes online. Please review these Terms &
Conditions regularly to ensure you are aware of any changes made
by TDT. Your continued use of this website after changes are
posted means you agree to be legally bound by these terms as
updated and/or amended.
4.You may not copy, reproduce, republish, download, post,
broadcast, transmit, make available to the public, or otherwise
use content from this website (inclusive of text, images, URLs,
pricing information, etc.) in any way except for your own
personal, non-commercial use. Any other use of SpainDayTours.com
content requires the prior written permission of TDT.
5.You agree to use SpainDayTours.com and TDT-affiliated websites
only for lawful purposes, and in a way that does not infringe
the rights of, restrict or inhibit anyone else's use and
enjoyment of SpainDayTours.com.
6.Your use of SpainDayTours.com or any TDT-affiliated sites is
intended for personal, non-commercial use and/or to make
legitimate requests to book the products or services offered.
You agree not to use this site to make any speculative, false or
fraudulent requests. You agree not to use robots or other
automated means to access this site, unless specifically
permitted by TDT.
Product Validity, Modifications & Amendments
7.All products, tours and services offered by TDT are valid as
per the dates displayed at SpainDayTours.com or any TDT-affiliated
website. TDT is not responsible or liable for any information
that it does not directly provide.
8.All requests for modifications/amendments must be directed to
the TDT Customer Care Team (click here to submit a "Date
Amendment" request on an existing booking) who will process the
request.
8.1 TDT does not charge a fee to amend or change the dates of an
existing booking, as long as the request is received by our
Customer Care team more than three (3) days ahead of your
confirmed travel date.
8.2 It is not possible to change or modify a special event,
theatre or show ticket. Sales of these tickets are final and
cannot be amended once your original purchase is confirmed.
8.3 All other date-change requests and amendments are subject to
availability by our suppliers and/or service providers; TDT
cannot guarantee the success of any date-change request.
8.4 If you request a date change within three (3) days or less
of your confirmed travel date, TDT will attempt to honor your
request; however changes made three days or less from your
original travel date may attract an additional fee.
8.5 If you make a purchase using a TDT promotion code, or if you
accept a discount or special-offer price during the TDT checkout
process, you may invalidate your discount or special-offer price
by making any changes or amendments to your itinerary once your
purchase is complete. TDT may decide, at its sole discretion, to
honor your discount or special-offer pricing if you make a
post-purchase change or amendment to your itinerary. However TDT
reserves the right to invalidate your discount or special-offer
pricing if you make any changes to your confirmed itinerary.
9.Occasionally our suppliers and/or service providers make
changes to tour dates, prices, inclusions, coverage, age
requirements, etc. As a result, TDT reserves the right to
cancel, change or substitute any service, tour, ticket or
product that you have booked at SpainDayTours.com or through TDT-affiliated
websites, at any time, for any reason.
9.1 In such cases, if you are dissatisfied with the alternatives
offered, you are entitled to a full refund of the original
purchase price.
9.2 Notwithstanding the above, when we are informed in advance
by our agents, service providers and/or suppliers of a
significant change to a booking and/or to a tour, product or
event, we make every reasonable effort to notify the consumer,
travel agent and/or distributor as appropriate, in order to
amend or re-issue the booking where feasible.
Pricing & Inclusions/Exclusions
10.Prices listed on SpainDayTours.com and TDT-affiliated websites
are per person, unless otherwise specified.
11.Prices are based on the local tariff at the time of quoting,
converted at the prevailing foreign-exchange rate as determined
by TDT.
12.Price quotations are subject to change without notice, until
a booking has been confirmed.
13.Unless otherwise specified, prices do not include any local
taxes or use-fees, including foreign departure, security, port
charges, park fees, customs, immigration, agricultural,
passenger-facility charges or international transportation tax.
14.Prices do not include tips/gratuities to tour directors,
drivers or local guides; passport and visa fees; baggage and
personal insurance; any items of a personal nature; and any
beverages or food not specifically listed under “Inclusions” on
the product pages of SpainDayTours.com or TDT-affiliated websites.
Payments & Cancellations
15.TDT accepts the following credit cards: Mastercard, Visa.
15.1 There is no charge or service fee for processing
credit-card payments.
15.2 Full payment by credit card is required to make a
reservation. Payment will be listed as Paypal on the credit card
statement.
16.No refunds are available once a tour or service has
commenced, or in respect of any package, accommodation, meals or
any other services utilized.
17.Canceling a booking with TDT can result in cancellation fees
being applied by TDT, as outlined below. Additional fees may be
levied by the individual supplier/operator (see your TDT Voucher
for specific details). When cancelling any booking you will be
notified via email, facsimile or telephone of the total
cancellation fees.
17.1 Event, Attraction, Theatre, Show or Coupon Ticket
These are non-refundable in all circumstances.
17.2 Tour or Package Commencing During a Special Event Period
These are non-refundable in all circumstances. This includes,
but is not limited to, Trade Fairs, Public or National Holidays,
School Holidays, New Year's, Thanksgiving, Christmas, Easter,
Ramadan.
17.3 Other Tour Products & Services
If you cancel at least 1 calendar day in advance of the
scheduled departure or commencement time, you will receive a
full refund (less 5 Euros handling charge).
If you cancel within 24 hours of the scheduled departure
or commencement time, you will be charged a 100% cancellation
fee.
Passports, Visas & Insurance
18.It is the responsibility of all passengers, regardless of
nationality and destination, to check with the consulate of the
country they are visiting for current entry requirements.
19.As visa and health requirements are subject to change without
notice, we recommend that you verify health and visa
requirements with the appropriate consulate prior to departure.
20.We strongly recommend that you purchase a comprehensive
Travel Insurance Policy prior to departure. If you cancel your
trip or significantly alter travel dates, many policies will
reimburse the cost of cancellation fees and related expenses.
Disclaimers & Limitations of Liability
21.Under no circumstances will TDT or its agents, affiliates,
service providers, suppliers, and/or distributors be liable for
any of the following losses or damage (whether such losses where
foreseen, foreseeable, known or otherwise): (a) loss of data;
(b) loss of revenue or anticipated profits; (c) loss of
business; (d) loss of opportunity; (e) loss of goodwill or
injury to reputation; (f) losses suffered by third parties; or
(g) any indirect, consequential, special or exemplary damages
arising from the use of SpainDayTours.com regardless of the form of
action.
22.TDT and its agents and suppliers, in making arrangements for
hotels, tours, transportation or any service in connection with
the itineraries of individual customers, shall not be liable for
injury, damage, loss, accident, delay or irregularity, liability
or expense to person or property due to act of default by any
hotel, carrier or other company or person providing services
included in the tours.
23.Furthermore, TDT and its agents and suppliers accept no
responsibility for any sickness, pilferage, labor disputes,
machinery breakdown, government restrains, acts of war and/or
terrorism, weather conditions, defect in any vehicle of
transportation or for any misadventure or casualty or any other
causes beyond their control.
24.TDT’s content - including the information, names, images,
pictures, logos, prices, dates, and availability regarding or
relating to TDT, SpainDayTours.com and/or to a TDT-affiliated
website, service provider, operator and/or distribution partner
– is provided “AS IS” and on an “AS AVAILABLE” basis without any
representations or any kind of warranty made (whether express or
implied by law) to the extent permitted by law, including the
implied warranties of satisfactory quality, fitness for a
particular purpose, non-infringement, compatibility, security
and accuracy.
25.At TDT we check and recheck the details about all the
products and services we offer for accuracy. However, TDT does
not warrant that functionality, content or information contained
on SpainDayTours.com or any TDT-affiliated website will be
uninterrupted or error free, that defects will be corrected, or
that SpainDayTours.com or the servers that make it available are
free of viruses or bugs.
26.If any of these terms are determined to be illegal, invalid
or otherwise unenforceable by reason of the laws of any state or
country in which these terms are intended to be effective, then
to the extent and within the jurisdiction in which that term is
illegal, invalid or unenforceable, it shall be severed and
deleted from these terms and the remaining terms shall survive,
remain in full force and effect and continue to be binding and
enforceable.
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