Valid from December 5, 2024

1.-Introduction and Acceptance of Terms

These Terms & Conditions (these "Terms") govern your access to and use of the website https://www.pangeathetravelstore.com/en-US/, mobile application (collectively, the “Website” or “Site”), and the Services (as defined below) provided by Viajes de Autor S.L., a Spanish company domiciled at Calle Príncipe de Vergara, 26, 28001, Madrid, Madrid, Spain (the "Company," "we," "us," or "our").

All the information on the Site is published in good faith. Please be informed that your access, browsing and use of the Site, along with your purchase of the Services offered therein, is subject to the following Terms and applicable laws. Please read these Terms carefully since by accessing or using the Site or purchasing the Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must leave the Site and do not use the Services.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Website. It is your responsibility to review the Terms periodically for any changes. Your continued use of the Services after the posting of the revised Terms constitutes your acceptance to such changes. If you object to any modifications to these Terms, your sole remedy is to discontinue your use of the Website or the Services.

If you have any questions, you can contact us at info@pangeathetravelstore.com.

2.-Certain Definitions

Capitalized terms used herein have the following meaning:

“Booking” means the formalized purchase agreement of any Experience offered through the Website.

“Company” has the meaning set forth in Section 1 hereto.

“Experience” means the service or combination of services delivered by a Provider and purchased through the Website, such as activities, tours, excursions, transportation, accommodations, or flights.

“Provider” means any third-party entity that is responsible and liable for carrying out the services Booked by the User through the Site.

“Services” has the meaning set forth in Section 3 hereto.

“Site” has the meaning set forth in Section 1 hereto.

“Terms” has the meaning set forth in Section 1 hereto.

“User Content” has the meaning set forth in Section 8.1 hereto.

“User” means a person who accesses the Website in any manner and who, in certain cases, contracts the Services offered therein.

“Website” has the meaning set forth in Section 1 hereto.

3. Description of Services

The company, through the Site, provides Users the opportunity to book tourism-related experiences such as transportation, accommodation, car rentals, and destination-specific experiences, MICE services (meetings, incentives, conferences y exhibitions,  (the “Services”).

Please note that while we strive to provide accurate and up-to-date information about the Experiences featured on the Website, we do not guarantee the availability, quality, or safety of these offers. It is your responsibility to review the specific details, terms, and conditions of each Experience before making a Booking.

4. Minors

The Site is not intended for or directed to persons who are under 18 years old (“Minors”). Because we cannot prohibit minors from accessing the Site, we must rely on parents, guardians and those responsible for supervising Minors to decide which materials are appropriate for Minors to view and/or purchase. By registering with this Site, purchasing Services from us, or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older) or, if you are a Minor, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.

5.- Booking and Payment

To book an Experience through the Website, you must provide accurate and complete information, including your name, contact details, and payment information. You can find more information about how we manage and process your personal information in our Privacy Policy. You represent and warrant that you have the legal right to use any credit card or other payment method you provide during the booking process.

We accept various payment methods, including credit cards (Visa, Mastercard, American Express), debit cards, and online payment platforms (PayPal), Payment methods such as ingénico, worldline and through Fintech link for payments by transfer and credit card.

The available payment methods will be displayed during the booking process. All transactions made by credit and debit card will be debited at the time of purchase. We may use third party service providers to manage payment through the Site.

When you confirm a Booking, you authorize us to charge your payment method for the total amount displayed, including any applicable taxes and fees. If your payment method is declined, we may cancel your Booking and notify you accordingly.

After we validly charge your payment method, your Booking will be confirmed and you will receive a confirmation email with the details of your purchase, including the date, time, meeting point, any specific instructions or requirements, the specific conditions applicable to the Experience, the details of the amount paid and the pending balance (in the case of deferred payment), etc. (together, the “Specific Conditions”). After we receive payment for the full amount of your Booking, we will send a second confirmation email with the Experience vouchers. It is your responsibility to review this information carefully and ensure that you comply with any instructions provided by the Provider. If you notice any errors or discrepancies, please contact us immediately to rectify the situation.

All Bookings exceeding ONE THOUSAND DOLLARS ($1,000) with a departure date at least 30 days after the Booking date may be paid in installments. This requires the payment of a deposit of 30% of the total value at the time of Booking, and the remaining 70% will be due 15 days before the Experience date, unless otherwise specified. The remaining balance will be charged automatically to your provided payment method.]   

Please note that some Experiences may have specific terms and conditions, such as age restrictions, physical fitness requirements, or cancellation policies. By making a Booking, you agree to comply with these additional terms and conditions, which will be made available to you during the booking process or in your confirmation email.

6.- Pricing

All prices displayed on the Website are in [_]Insertar moneda en la cual los precios estarán expresados and may be subject to taxes and fees, unless otherwise stated. We reserve the right to modify prices at any time without prior notice up until 20 days of the date of the Experience. We reserve the right to correct any errors or omissions in pricing, and we will notify you of any price changes before processing your Booking. Prices may vary based on factors such as seasonality, demand, availability, and customization of Services. Additional fees or charges may apply for optional activities, upgrades, or modifications to the standard Services.

Unless expressly stated otherwise, the prices do not include any other services not specified, such as, but not limited to, visas, vaccination certificates, coffee, wine, liquor, mineral water, special dietary requirements, laundry and ironing, parking, use of telephone, cribs, TV rental, spa services, spas, hot springs, massages, medical, therapeutic or health treatments, and any other similar service offered by the Provider for a price independent of the main service contracted. You shall be solely responsible for the payment of such additional costs.

In certain cases, additional taxes or fees may apply, such as resort fees, tourist taxes, and stay/local taxes, such extra taxes or fees may vary depending on the category of the establishment and the destination. You shall be solely responsible for the payment of such extra taxes or fees that shall be paid directly to the Provider.

7.- Cancellation and Refund Policy

7.1. Cancellation by the Company

We reserve the right to cancel or modify your Booking at any time due to unforeseen circumstances, including but not limited to adverse weather conditions, safety concerns, government regulations, force majeure events or other operational issues. If we cancel your Booking, we will make reasonable efforts to notify you in advance and offer you the option to reschedule or receive a full refund of the amount paid, [including any non-refundable fees] but in the event of force majeure or exceptional circumstances we will not assume compensation or claims for damages.

We shall not be liable for any additional costs or expenses incurred by you as a result of a cancellation, such as alternative travel arrangements or accommodation bookings.

7.2.  Cancellation by You

If you need to cancel or modify your Booking, you must submit a request through the Site. We in no event guarantee that we will be able to meet your requirements and that there will be availability for the new dates or conditions requested. We will make commercially reasonable efforts to contact the Provider and confirm the new conditions. Additional fees or price adjustments may apply.

Viajes de Autor SL's own management costs, additional to those of the suppliers, are stipulated as follows:

Spain: $50 per person.

Europe: $75 per person.

In the event that any of the contracted and cancelled services were subject to special economic contracting conditions, such as hotels at "Fairs and Congresses", specific hotels on certain dates such as Christmas, sea or river cruises, sailboats, yachts, special trains, charter flights, "part charter" confidential rate between tour operators and airlines consisting of blocking space with guaranteed occupancy (regular flight blocking class), car rentals, hotels in Theme Parks, Grand Luxury, Adventure/Santa Pack, Groups with private service of more than 10 people, the cancellation fees for withdrawal will be established in accordance with the specific conditions of these providers informed to the traveller.

7.3.  Refunds

Refunds will be processed using the same payment method used for the original Booking. A cancelation penalty will apply depending on the Experience, as set forth in the Specific Conditions of your Booking, which shall supersede these Terms. Once the airline ticket has been issued, cancellation of this will have informed costs depending on the applied rate, independent and additional to those agreed depending on the days remaining until the departure of the trip and no further reservation data can be modified unless the airline allows it with or without additional cost. Consult your advisor in each case.

8.- Air Transport

8.1. Pricing

In compliance with applicable regulations, all prices listed for air transportation Experiences include applicable taxes and fees. Additional fees for services such as baggage, seat selection, and meals might apply.

8.2. Cancellation and Refund

All flights purchased through the Site might be cancelled within 24 hours of purchase, without penalty, if the Booking is made at least seven days prior to departure.

Once the air ticket has been issued and 24 hours have passed, cancellation will incur charges depending on the applied rate, independent and additional to those agreed depending on the days remaining until departure of the trip, and no further reservation data may be modified unless the airline allows it with or without additional cost. Please check your travel documentation and the fare conditions of your reservation carefully in each case.

Flights are issued on the same day as the confirmation of ground services and once the client's commitment is received upon delivery of an advance payment.

Refunds for cancelled or significantly modified flights will always be processed in accordance with airline policies and U.S. federal regulations.

8.3 Liability Disclaimer

The Company is an intermediary between you and the airline. We shall not be responsible for any cancellations, delays, or other operational issues you might experience with your flight. Please see the airline’s policies and federal regulations for more details on your rights.

9.-User Accounts and Responsibilities

9.1. Account Creation

To access certain features of the Website, you may need to create a user account by providing your name, surname, telephone number and e-mail address. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed to keep it accurate and current. Your personal information will be processed according to our Privacy Policy.

9.2. Account Security

You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

9.3. User Conduct

When using the Website or the Services, you agree to comply with all applicable laws and regulations. You also agree not to:

- Violate the rights of others, including intellectual property rights and privacy rights;

- Engage in any fraudulent, abusive, or unlawful activity;

 - Interfere with or disrupt the functioning of our Services or servers; or

- Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.

We reserve the right to terminate your account and access to our Services if we determine, in our sole discretion, that you have violated these Terms.

10.- User-Generated Content

10.1 Submission of Content

The Website may allow you to submit, upload, publish, or otherwise make available content, such as reviews, comments, photos, or videos ("User Content"). By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

10.2 Prohibited Content    

You agree not to submit any User Content that:

- Infringes any intellectual property rights or other proprietary rights of any party;

- Is defamatory, obscene, abusive, threatening, or otherwise objectionable;

- Contains any viruses, malware, or other harmful components; or

- Violates any applicable law or regulation.

10.3 Monitoring and Removal

We do not pre-screen or regularly monitor User Content, but we reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

11. Intellectual Property Rights Company

11.1 Intellectual Property

All content included on the Website, such as text, graphics, logos, images, videos, and software, is the property of the Company or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not use, copy, reproduce, distribute, modify, or create derivative works of any portion of the Website without our prior written consent.

You are hereby granted a limited, non-exclusive, royalty free license to browse the Site, but nothing in these Terms shall be deemed to constitute, by implication or otherwise, the grant of any license or right to use any of Viajes de Autor SL’s intellectual property rights, and/or any information or materials contained in the Site.

11.2 Trademarks

Viajes de Autor SL, Pangea The Travel Store, and all related names, logos, product and service names, designs, and slogans are trademarks of Viajes de Autor SL or its affiliates or licensors, shall not be used without our prior written permission.

12.- Third-Party Services and Websites

12.1 Third-Party Service

Our Services may include or offer third-party products or services, such as transportation, accommodations, or travel insurance. These third-party services are subject to separate terms and conditions and privacy policies of the respective third-party Providers. We do not endorse or assume any responsibility for these third-party services.

12.1 Third-Party Websites

Our website may contain links to third-party websites or resources. We provide these links for your convenience only and do not endorse the content or services provided by these websites. We have no control over and assume no responsibility for the content, services, or practices of any third-party website or resources. If you access a third-party website through our Website, you do so at your own risk and subject to the terms and conditions of use for such website.

13.- Travel Insurance

We strongly recommend you purchase comprehensive travel insurance to protect you against unforeseen circumstances that may arise before or during the Experience, such as cancellations, medical emergencies, trip interruptions, or lost or damaged personal belongings.

The Company provides you with basic travel insurance, but it is not our responsibility to obtain appropriate coverage from a reputable insurance provider. We recommend that you carefully review the terms and conditions of your insurance policy to ensure that it meets your specific needs and covers the activities included in your Experience, and that you purchase additional insurance appropriate to the nature of your experience and your needs.

The Company is not responsible for any costs or losses incurred by you due to failure to obtain adequate travel insurance coverage. Any claims for refunds or compensation due to unforeseen circumstances will be referred to your travel insurance provider.

14.- Travel Documents

It is your responsibility to obtain information and to have in your possession all the required documentation and identification required for entry, departure and travel to each country or region. This includes a valid passport (that is valid six months after the last date of travel) and all travel documents required by the relevant governmental authorities including all visas, permits, certificates (including but not limited to vaccination or medical certificates) and insurance policies. You accept full responsibility for obtaining all such documents, visas, and permits prior to the start of the Experience, and you are solely responsible for the payment of the full costs incurred as a result of missing or defective documentation. You agree that you are also responsible for the full amount of any loss or expense incurred by the Company as a result of your failure to secure or be in possession of proper travel documentation.

The Company does not provide advice on travel documents and makes no representations or warranties as to the accuracy or completeness of any information provided herein or on the Website on visas, vaccinations, climate, clothing, baggage, or special equipment. We are not responsible for any errors or omissions in such information.

15.- Liability Limitations and Disclaimers

15.1 Limitation of Liability

To the maximum extent permitted by applicable law, the Company and its officers, directors, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use or inability to use the Website or the Services, or any content or Services obtained through the Website, whether due to a server failure or any other reason, and whether or not attributable to us, including but not limited to reliance by a User on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available throughout the Site.

The Company is not a party to any agreement or the terms and conditions of any Provider. The Provider shall be solely responsible for the Experience booked through the Site.

15.2 Disclaimer of Warranties

The Website, the Services and all content therein are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, the Company disclaims all representations and warranties, including, but not limited to, warranties of merchantability and fitness for a particular purpose. We do not warrant that the Website or the Services will be uninterrupted, error-free, free from harmful components, or that defects will be corrected. Moreover, we do not warrant nor make any representation as to suitability, availability, accuracy, reliability, or timeliness of any material or information found on the Website, including with no limitation, text, graphics and software. The access and use of the Website and the Services is at your own risk. We shall not be responsible or liable for any misuse or unauthorized use of the Website or the Services, or for any consequences arising out of such misuse or unauthorized use.

Furthermore, the Company makes no representations, warranties, or commitments related to Providers’ products or services purchased through the Site.

Company shall not be liable for ensuring that the Experiences purchased through the Site are appropriate for your objectives or meet your standards or requirements.

15.3 Travel Risks

Travel involves inherent risks, and you acknowledge and assume full responsibility for any loss, injury, damage, or expense resulting from your participation in any Experience booked through our Website.

15.4 Limitation of Claims

Any cause of action or claim you may have arisen out of, or relating to, these Terms or our Services must be commenced within one year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

16.- Indemnification

You agree to defend, indemnify, and hold harmless Viajes de Autor SL, its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services, including, but not limited to, any use of the content, services, and products other than as expressly authorized in these Terms.

17.- Termination of Services

We reserve the right to terminate or suspend your access to the Website at any time, without notice, for any reason, including, but not limited to, your breach of these Terms or applicable law. Upon termination, your right to use the Website will immediately cease, and you must discontinue all use of our Services. Termination of your access to the Website shall not affect any of your obligations arising prior to the termination date.

18.- Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.

Any dispute arising out of or relating to these Terms or your use of the Website shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware, and the arbitrator's decision shall be final and binding on both parties, and judgment on the award may be entered in any court having jurisdiction thereof.

You agree that any arbitration shall be conducted on an individual basis, and you waive your right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or to prevent any unauthorized use of the Website.

19.- Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.

20.- Entire Agreement

These Terms, together with our Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and the Company with respect to your use of the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision