Terms and Conditions

TOMATINA TRIP (hereinafter and for purposes of this document referred as TT or as Tomatina Trip) offers its services in person and through its website www.tomatinatrip.com     (hereinafter referred as the Web) to all its customers (hereinafter referred as the “client” and/or ” The User”) conditioned to the acceptance without modifications by the latter, of the terms and conditions outlined here, all by virtue of being an   adhesion contract.

These terms and conditions (which may be modified at any time by TT) are applicable to all direct or indirect services offered by Tomatina Trip online or via any mobile device, email, phone, by fax or by any other physical media, digital, tangible or intangible. By accessing, browsing and using our services, websites or any of our applications available across platforms and/or make a reservation, the client accepts to have read, understood and agreed with the terms and conditions detailed below.

TomatinaTrip.com is a subsidiary of a Spanish company Shaz Enterprise S.L established in Barcelona, on Camelies Street number 54, 2nd floor, door 16, Postal Code 08024, CIF B-65535965, email info@tomatinatrip.com.

  1. Scoop of our service.

Tomatina Trip offers brokerage services for tourism, providing our customers the research, selection and booking of places to stay in Barcelona and the rest of Spain, tickets for theater events, movies, museums, tours,       restaurant recommendations and any other activity directly and/or indirectly related to tourism, leisure and recreation. Services set forth above are for merely illustrative purposes and not for limitation purposes.

  1. About the Client

The User declares that has a legal age (at least 18 years old) and has the necessary legal capacity to be involved in this agreement, to use and hire services online and in person (hereinafter referred as the services) provided by TT in     accordance with the terms and conditions outlined here, which he/she fully understands. The User is responsible of treating in a confidential way and appropriately safeguarding the passwords provided by Tomatina Trip for accessing the website, and also prevents access to them of unauthorized third parties. The User agrees to be responsible for the economic consequences derived through the request of services produced by the use of the User password from the Tomatina Trip website, as well ​​by the use of User’s password by third parties. The User also declares that all information provided by him/her to access the website and in the course of its use, is true, complete and accurate, and he/she commits to keep it updated.

The website is solely for the personal use of The User. It prohibits the modification, reproduction, duplication, copying, distribution, sale, resale and other forms of exploitation, whether with or without commercial purposes.

The User agrees not to use this website for any illegal or prohibited purposes. In particular, the User agrees to only use the website for himself,  and the products or services purchased through the website will be for own use or consumption or for the people in the name of which he/she is legally authorized to act. The User will not resell to others the products or services purchased through the website.

  1. Purchase of products and services offered by TT through the website or by other means.

Through the website or any other mean, the User has access to information of products and services from third parties related to tourism and travel, and in some cases, the User can make reservations and purchases of such products and services to the correspondent suppliers.

When making a reservation through Tomatina Trip, yo­­­u enter into a direct contractual relationship (legally binding) with the  hotel, transport , restaurant, cinema and/or any other product or service you have booked, therefore the duty of Tomatina Trip is mainly and only as an intermediary.

The reservations or purchases that the User makes of products or services to the suppliers of his/her choice will be    subject to the specific terms and conditions established for each case by the suppliers. Also, plain tickets issued in favor of the User will include important notices such as international passenger information about disclaimers and luggage liability limitations, among others. The User agrees to accept and respect the terms and conditions established by any supplier with which the User chooses to hire, including but not limiting to, payment of any amounts due and compliance of any rules and restrictions regarding availability of rates, products or services. If there are special rules or restrictions that would affect certain rates, products or services selected by the User, such special regulations or restrictions will be made ​​manifest to the User on the screen prior to booking.

The information provided by TT is based on information provided to us by the suppliers of the services offered. The hotels, restaurants, flight companies, and so on, have their own website through which they are fully responsible to update rates, availability and other details shown on our website. TT intends that the service provided is as accurate as possible, however, as intermediaries we cannot verify or guarantee that all the information is accurate, complete or   correct. Nor are we responsible for errors (such as gross errors and typographical errors), interruptions (due to temporary and/or partial server failure or due to reparations, upgrades and maintenance of our website or otherwise), inaccurate information, misleading or false, or lack of information. Tomatina Trip is not responsible for the accuracy, completeness and correctness of the information (both descriptive and rates and availability) displayed on our website, since it is only with a title-oriented nature and it must be recalculated when requesting a personal offer. Our website does not constitute and should not be viewed as a recommendation or promotion (quality, service level or classification) of a tourist service offered.

The suppliers of products or services each acting within the scope of their duties, will be responsible in front of the User for the obligations compliance derived from the regulations in force and from the terms and conditions for each of the products and services hired, without Tomatinatrip assuming obligation or responsibility regarding the  products or services not provided directly.

Notwithstanding the foregoing and as part of the User support service, during the process of comparing offers from  suppliers and the purchase by the User from the selected supplier of the products or services provided by  Tomatina Trip, the User empowers TT when necessary to ensure that the comparison between suppliers and the transaction between the User and the supplier of the products or services selected is done successfully; to act as its agent in the comparison and purchasing services, and perform on behalf of the User any action necessary in particular the payment to the suppliers of such products and/or services. In this case, the User will reimburse to Tomatina Trip the amounts advanced by TT as agent.

According to the Article 27 of the Law 34/2002, of July 11, Services of the Information Society, the electronic document formalizing the contract for the purchase of products and/or services will be filed in the records of Tomatina Trip and will be accessible for the User at any time upon request to the TT.

  1. Prices

All prices shown on the website are without VAT and other taxes, which will be applied at the relevant time, unless indicated otherwise on our website or in the confirmation email.

  1. Cancellation

When booking a tourist service the Client accepts the cancellation and not showing (if not presents) conditions, and other terms and conditions that may affect the reservation. Some rates or special offers do not allow changes or cancellations. If the Client wishes to review, modify or cancel a reservation, he/she should see the confirmation email and follow the instructions. Supplements may apply for cancellation in accordance with the cancellation and not showing conditions. If the client wishes to cancel these conditions will be applicable,

  1. Private policy and personal data protection.

Tomatina Trip respects the privacy of the User and protects his/her personal data. In compliance with the provisions of Law 15/1999 of December 13, Protection of Personal Data (hereinafter referred as “Data Protection Act”), TT reports that filling any physical and/or online document, the User’s personal data will be stored and processed in the files owned by Tomatina Trip in order to offer, provide and process services (reservations management and  collection of the products and services purchased), send information and offers, promotions and any                 recommendations from Tomatina Trip; as well as for surveys, statistics and market trends analysis. We highly appreciate that these information is updated regularly an that any changes that may occur in the data will be  provided to us, in order that Tomatina Trip can be able to properly customize the services and align them to the interests and needs of the User, and successfully communicate to him/her the best offers on the market.

Also, Tomatina Trip informs the User of the possibility of exercising the rights of access, rectification, cancellation and opposition of his/her personal data, being the responsible of the file Tomatina Trip, ​​established in Barcelona, Calle Girona No. 64, 3-6, CP 08009 and with CIF J-65595324. For the convenience of the User, the aforementioned rights can also be exercise by email at the address info@tomatinatrip.com.

For the purposes of the provisions set in Article 11 of the Data Protection Act, and given the nature of the products and services to which Tomatina Trip provides access through its website and in person, both nationally and internationally, the User gives his/her consent so that his/her personal data can be given to any of the companies of the Tomatina Trip group, in order to offer and provide services (reservations management and collection of the products and services purchased), send information and offers, promotions and any recommendations from TT, as well as for surveys, statistics and market trends analysis.

In the event that it will be effective the purchase of products and/or services offered by Tomatina Trip, ​​TT must necessarily communicate the User’s personal data to the suppliers of such products and/or services (tour operators, organizers of tours packages, airlines, hotels, etc.), who will be forced to use the personal data of the User only and exclusively to accomplish the main objective of the contract.

For the purposes of Article 34.e) of the Data Protection Act, the User consents that Tomatina Trip can transfer his/her personal data under the terms and conditions stated above to suppliers in any country in the world, even those that do not offer a level of protection comparable to the Data Protection Act.

In either case, Tomatina Trip guarantees the confidentiality of the User’s personal data and that the server on which the data is stored and processed has the necessary security measures to prevent access by unauthorized third parties. In addition, the User is informed of the following:

In any case, Tomatina Trip will not disclose the User’s personal data to any third party outside their     organization. However, in case the User reserves or purchases a product or service through the website, it is possible that Tomatina Trip will need to provide such data to third parties -who may reside anywhere in the world- with whom Tomatina Trip maintains commercial relations. Also it may be possible that Tomatina Trip must provide to such third parties global statistics about sales, clients, traffic data and other information of the website, but these statistics will not include any data that could personally identify the User.

The website of Tomatina Trip accepts cookies. A cookie is a piece of information stored by the browser in the computer’s hard disk. Each time you visit the website of Tomatina Trip our server will recognize the cookie and provide us with information of your last visit. Most browsers accept the use of cookies automatically, but it is common to modify the browser setting to not do it. If you choose to not receive cookies, you may still use most of the services of our website, including the purchase of products or services. If you ever want to send us any comments or complaints about how we use your personal data please notify it to us by email to                                                              info@tomatinatrip.com

  1. Intellectual property rights

All the content of the Tomatina Trip website as well as any other tangible information (including, in an informative way but not limited to, text, graphics, logos, button icons, images, audio files, software, brochures, dossiers, etc.) are property of Tomatina Trip or of their content suppliers, and are protected by national and        international intellectual property regulations. The compilation (meaning the collection, arrangement and assembly) of all the content of the information provided to the User is exclusive property of Tomatina Trip and is     protected by the national and international intellectual property regulations.

It is forbidden any other use of the content of this website, including the reproduction, modification, distribution,   transmission, further publication, partial or total exhibition and/or representation of it. In particular, it is strictly      prohibited any kind of use outside the website of the images from the Tomatina Trip website without the consent of Tomatina Trip and/or its suppliers.

  1. Liability limitation

Tomatina Trip offers its services under the same conditions that are stated on the website or in their offices, and makes every effort to update, maintain and function properly the website, not being able to ensure the absence of technical failures, the infallibility of the service, nor that the system or site can be active at all times.

Tomatina Trip supplies through its website various information about the products and services provided or offered by third parties, therefore it cannot accept any legal responsibility for the lack of truthfulness, accuracy,        completeness and/or update of the data contained in the offers of products and/or services offered on the website by the various suppliers of those products and/or services. Also, Tomatina Trip is not legally responsible for the data or information provided from the contributor’s sites. According to the limitations set out in these terms and      conditions, we shall only be responsible for the damages directly attributable to our obligations regarding our services.

 The responsibility limitation of Tomatina Trip is the one established in the law applicable thereto and in particular, the one regarding the sectoral regulation of tour operators and/or travel agencies. In any case, Tomatina Trip is not responsible of any damages that may eventually arise, directly or indirectly, due to negligence of the supplier of such product or service or other causes not related to Tomatina Trip, from the purchase of a product or service offered on their website.

If for majeure force reasons (including but not limited to, political and economic unrest or instability that affects safety), there were deficiencies in reservations, confirmations and/or execution of any trip or service hired through Tomatina Trip; ​​for circumstances that are not predictable or solvable by Tomatina Trip, or even if it were impossible to comply with some of the agreed services, Tomatina Trip and/or the group of companies of Tomatina Trip are excluded from any liability arising by such deficiencies or violations.

  1. Links to other websites.

The website of Tomatina Trip may contain links to other websites not managed by Tomatina Trip that are included just for reference purposes only. Tomatina Trip has no control over such sites nor is responsible for their content.

The inclusion of links to other websites does not imply that Tomatina Trip promotes, endorses, guarantees or recommends them. Such links are offered only as an informative reference, without any valuation of the content,  owners or products or services offered by them.

  1. Usage of the communication forums of Tomatina Trip

The user can use the existing communication forums or chat rooms of Tomatina Trip to send and receive messages and materials related directly to the subject of the same, agreeing not to take any of the following behaviors:

Tomatina Trip does not endorse, nor review, nor filter, nor approves the content of the forums or chats, emails and other types of messages sent by users. Tomatina Trip reserves the right to deny in its sole    discretion and without notice, any user access to their website or any part thereof.

 Applicable law and jurisdiction.

These Terms and Conditions and any relationship between Tomatina Trip and the User or Client shall be governed by Spanish law. For any disputes arising from the existence, content and/or interpretation of these Terms and Conditions or any relationship between Tomatina Trip and the User, both parties submit to the jurisdiction of the courts of the city of Barcelona.

The original version of this document was written in Spanish and for courtesy to our Clients and/or Users, it has been translated into different languages. Notwithstanding the foregoing any controversy, doubts, consult and/or dispute   arising in the interpretation and /or content of the translated versions, it must be referred to the spirit and purpose of the original mother version which is in Spanish.

Tomatina Trip reserves the right to make changes at any time on its website as well in these Terms and Conditions.