GENERAL CONTRACT CONDITIONS

PACKAGE HOLIDAY

This contractual document contains the General Conditions of contract (hereinafter, “Conditions”) through the website https://modium-enjoy.com/ owned by Modium Labs SL under the trademark of MODIUM ENJOY, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.

These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. Those that were in force at the time of the execution of the contract will be applicable for each user.

The acceptance of this document implies that the USER has read, understands and comprehends what is stated here, and the company can presume that it is a person with sufficient capacity to contract without the need for support measures.

1. Identity of the contracting parties

On the one hand, the PROVIDER of the combined trip contracted by the USER is Modium Labs SL, with registered office at Calle de Cronos 24, Edificio 1 piso 1 puerta A1 28037, Madrid, Spain, CIF B88544515, and with customer service telephone number/ USER +34 722665225.
And on the other, the USER, responsible for the veracity of the personal data provided to the PROVIDER.

2. Object of the contract and responsibility of the Provider

The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process, acquiring the combined travel package. The details of each combined trip are informed to the USER in its respective description on the website and in the confirmation email. With the payment of the combined trip, the traveler will also have a Travel Assistance Insurance contracted with MAPFRE.

The combination of travel services offered on the web corresponds to a combined trip within the meaning of the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of Nov. 16. Therefore, the USER will enjoy all the rights that apply within the framework of the EU to package tours. The PROVIDER will be fully responsible for the correct execution of the combined trip as a whole, regardless of whether the services must be executed by other providers. In addition, as required by law, The PROVIDER is covered by a guarantee to reimburse the payments made.

No modification, alteration or agreement contrary to Modium Labs S.L.’s Commercial Proposal or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case these particular agreements shall prevail over the general conditions that are incompatible with them.

Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the services offered. These modifications will also be valid in the event that, for any reason not attributable to the PROVIDER, the possibility of supplying the services offered is affected.

3. Procedimiento de contratación/Activación de los servicios

The USER, in order to access the services offered by the PROVIDER, must be of legal age and provide, freely and voluntarily, the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and Organic Law 3/2018, of 5 December (LOPDGDD), on the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.

The automatic system for calculating availability and prices allows the USER to choose the travel package that interests them and immediately make the online payment.

The PROVIDER will not reserve the accommodation until it has verified that the payment has been made. Once the payment is verified, the PROVIDER will contact you by email to confirm the reservation. This term is understood as long as availability has been confirmed.

4. Price and validity of the offer

The prices indicated for each package trip include Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include tourist taxes or any other additional services attached to the purchased service.

The prices applicable to each service are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.

Before making the purchase you can check online all the details of the budget: services, quantities, price, availability, charges, discounts, taxes and the total purchase. Prices may change daily as long as the order is not placed.
Once the order has been placed, the prices will be maintained regardless of whether the service is available or not.

The price of the combined trip can only be increased if specific expenses occur, for example, in fuel prices, fees or taxes, and if it is expressly stipulated in the contract, and in no case in the last twenty days prior to the start of the package trip. The PROVIDER will personally notify the USER of said increase no later than 20 days before the start of the holiday package, in a clear and understandable manner, justifying the increase, and will inform him that if the price increase exceeds eight percent of the price of the combined trip, the USER may terminate the contract without penalty.

The PROVIDER will be responsible for errors due to technical defects that occur in the reservation system that are attributable to it, as well as for errors made during the reservation process, when the PROVIDER has agreed to manage the reservation of a combined trip or of travel services that are part of linked travel services.

The PROVIDER will not be responsible for reservation errors attributable to the USER or caused by unavoidable and extraordinary circumstances.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the latter has informed at the time of placing the order. The invoice will be sent by email.

For any information about the order, the USER may contact the PROVIDER’s customer service phone number +34 722665225 or via email at info@modium-enjoy.es.

5. Assistance to the traveler in difficulty

The PROVIDER will provide adequate assistance and without undue delay to the USER in difficulty, especially in the event of unavoidable and extraordinary circumstances, in particular by providing adequate information on health services, local authorities and consular assistance, and traveler assistance to establish remote communications and help to find alternative travel formulas.

The PROVIDER may invoice a reasonable surcharge for said assistance if the difficulty has been caused intentionally or by negligence of the USER. Said surcharge will not exceed in any case the actual costs incurred by THE PROVIDER.
In addition, by contracting the combined trip, each traveler is insured with MAPFRE. The summary of guarantees of the Travel Assistance Insurance is the following:

1. Assistance coverage for people
to. Medical assistance for illness or accident of the insured displaced outside his country of habitual residence (limit €25,000).
b. Dental Expenses (limit €500).
c. Displacement of a companion of the hospitalized insured
d. Accompanying companion of the hospitalized insured. Up to €100/day (limit €1000).
e. Medical care for the companion of the hospitalized insured (limit €25,000).
f. Transfer or repatriation of the companion of the hospitalized insured
g. Extension of the stay of the insured due to illness or accident. Up to €100/Day (limit €1000).
h. shipment of medicines
Yo. Transfer or sanitary repatriation, in case of illness or accident of the displaced insured.
j. Transfer or repatriation of the insured accompanying the sick or injured insured
k. Transfer or repatriation of the insured minors or disabled companions of the sick or injured insured.
l. Transfer or repatriation of the deceased insured.
m. Transfer or repatriation of the insured accompanying the deceased insured.
n. Transport or repatriation of the insured accompanying minors and/or disabled persons of the deceased insured.
o. Displacement of companion of the deceased insured.
p. Accompanying companion of the deceased insured. Up to €100/day (limit €1000).
q. Medical care for the companion of the deceased insured (limit €25,000).
r. Transfer or repatriation of the companion of the deceased insured.
s. Early return of the insured due to the death of a family member.
t. Early return of the insured due to hospitalization of a family member.
u. Early return due to a serious accident at your habitual residence or professional premises.
v. Management and coordination of care services.
w. Transmission of urgent messages.
x. General information.
y. Management of cash delivery abroad (limit €1500).
z. Opening of safe deposit boxes in hotel rooms (limit €150).
aa. Reimbursement of expenses for loss or theft of keys to the habitual residence or vehicles (limit €100).
2. Coverage of compensation for delay
to. Delay in the departure of the means of air transport. Up to €50/span over 6 hours (limit €150).
b. Delay in returning home (limit €100).
c. Travel delay due to Over Booking by air transport (limit €100).
d. Loss of air connections. (limit €100).
3. Baggage coverage
to. Location and shipment of luggage and personal effects
b. Sending basic necessities (limit €150).

This summary of guarantees is for information purposes, and does not replace the General and Particular Conditions of the Policy that can be consulted here, and which will prevail in case of discrepancy.

The Provider does not assume any responsibility for the coverages contracted with the Travel Assistance Insurance that exceed those that are legally attributed to its responsibility, since these are benefits that cannot be classified as “travel service”.

6. Methods of payment

The PROVIDER is responsible for economic transactions and makes it possible to pay for an order by credit card or Pay Pal.

All operations that involve the transmission of personal or banking data are carried out through Stripe using a secure environment. All the information that you transmit to us travels encrypted through the network. The data on your card is sent directly to the bank through the POS (bank point of sale terminal) whose website is always protected with the highest level of encryption for maximum security. We do not have your card details at any time.

When making the payment by card, the information that will always be requested will be: the card number, the expiration date, and a Validation Code that matches the last three digits of the number printed in italics on the back of your VISA card, MASTERCARD or AMERICAN EXPRESS thus obtaining the maximum security guarantees in your transaction.

When the amount of a purchase has been charged fraudulently or improperly using a payment card number, its holder may demand the immediate cancellation of the charge. In such a case, the corresponding debit and repayment entries in the accounts of the provider and the owner will be made as soon as possible.

However, if the purchase had actually been made by the cardholder and the return requirement was not a consequence of having exercised the right of termination and, therefore, would have unduly required the cancellation of the corresponding charge, the cardholder will be liable to the cardholder. PROVIDER to compensation for damages caused as a result of said cancellation.

7. Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to the data. To achieve these purposes, the USER accepts that the PROVIDER obtain data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

8. Purchase process

The USER selects the check-in date and the number of people staying and adds them to the basket. In this, only the selected services, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the data entered.

The baskets do not have any administrative link, it is just a section where you can simulate a budget without any commitment from both parties.

From the basket you can place an order by following the steps below for its correct formalization:
1. – Checking the billing information.
2. – Verification of the service provision method
3. – Selection of the payment method.
4. – Place the order (buy).

Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the completion of the order.

In a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the reservation, as well as all the relevant information.

9. Cancellations and transfers

The USER has the right to terminate the contract at any time prior to the start of the trip and the PROVIDER must return the amounts delivered in payment, with the following penalties, for management expenses and loss of profit risk coverage:

– If you communicate the resolution before the 15 days prior to the start of the trip, the PROVIDER will deduct, as a penalty, 15% of the total amount.
– If you communicate the resolution between the 15th and 5th days before the start of the trip, the penalty will be 40% of the total amount
– If you communicate the resolution after the 5 days prior to the start of the trip, the penalty will be 80% of the total amount.
In such cases, the PROVIDER must proceed to return the amounts delivered, deducting the penalty, without undue delay, and at the latest within fourteen days after the expected termination of the package trip.

The cancellation must be communicated to the PROVIDER by email to info@modium-enjoy.es indicating the corresponding invoice or order number.

The USER of the contracted combined trip may transfer his reservation to a third person provided that he communicates it at least 7 days before the date of arrival at the accommodation. The assignee will have to meet the same requirements as the assignor, generally required for the combined trip, and both will be jointly and severally liable to the PROVIDER for the payment of the price of the trip and the additional expenses of the assignment.

The organizer may cancel the contract and reimburse the traveler for all the payments he has made, but will not be responsible for any additional compensation if

a) It is impossible to execute the contract due to unavoidable and extraordinary circumstances and the cancellation is notified to the traveler without undue delay before the start of the package trip.
b) The number of people registered for the combined trip is less than the minimum number specified in the offer and the organizer notifies the traveler of the cancellation within the period set therein, which will be no later than:
• Twenty calendar days before the start of the combined trip in the case of trips lasting more than six days.
• Seven calendar days before the start of the combined trip in the case of trips lasting between two and six days.
• Forty-eight hours before the start of the combined trip in the case of trips lasting less than two days.

The USER may terminate the contract without paying any penalty and obtain a full refund of all payments made if any of the essential elements of the package, other than the price, is significantly modified. If the PROVIDER cancels it before it starts, travelers will be entitled to a refund of the payments made and, when appropriate, compensation.

The USER will also be entitled to a price reduction and/or compensation for damages in the event of non-execution or incorrect execution of the travel services.

10. Claims

Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses, or at the customer service telephone number +34 722665225.

– Modium Labs S.L., Calle de Cronos 24, Edificio 1 piso 1 puerta A1 28037, Madrid, España.
– Email: info@modium-enjoy.es.

11. Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/

12. Force Majeure

The parties will not incur responsibility for any lack of conformity due to a cause majeure. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure. In circumstances of force majeure or exceptional, for example, in the event that there are serious security problems at the destination that may affect the combined trip, the USER may terminate the contract before the start of the combined trip, without paying any penalty. . Causes of force majeure are abnormal and unforeseeable circumstances beyond the PROVIDER whose consequences could not have been avoided, despite having acted with due diligence.

13. Guarantee

If the organizer or any of the providers becomes insolvent, the payments will be reimbursed. The PROVIDER has subscribed a guarantee of protection against insolvency with Ibercaja Banco SA If services are denied due to the insolvency of Modium Labs SL, the USER may contact said entity or, where appropriate, the competent authority.

The insolvency shall be understood to have occurred as soon as it is evident that due to the PROVIDER’s lack of liquidity the travel services stop being executed, are not going to be executed or are going to be executed only in part, or when the PROVIDER requires the USER to pay for them. Once the insolvency occurs, the guarantee must be available and the USER can easily access the guaranteed protection, without prejudice to the fact that he is offered the continuation of the combined trip. Refunds corresponding to travel services not executed will be made without undue delay upon request by the USER.

14. Dissociation and suspension or termination of the contract

If any of these terms and conditions are considered illegal, void or for any reason unenforceable, this condition will be considered severable and will not affect the validity and applicability of any of the remaining conditions, integrated with the applicable legal regulations.

The PROVIDER may suspend or deny the USER’s access to its services, in whole or in part, for any valid reason, and in particular, when the USER does not comply or follow any of the obligations established in this document or any legal provision, applicable license, regulation, directive, code of practice or use policy.

When the PROVIDER exercises any of its rights or powers provided for in this clause, such exercise will not harm or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

15. Applicable Law and Jurisdiction

These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any controversy that may arise from the provision of the products or services subject to these Conditions.

In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between the two in accordance with Art. 14.1 of Regulation (EU) 524/ 2013, without the need to resort to the courts of justice. For more information, see clause “11. ONLINE DISPUTE RESOLUTION” of these Conditions.

Conditions updated to June 2023.