This website contains the General Conditions of Use of the same, as well as its Privacy Policy and Cookies Policy under which, MY TOP TOUR (MNPQ GESTORES TURÍSTICOS, SL) will provide you with its tourist services and online reservations.
Please read these terms and conditions of use of this website carefully before making an enquiry about any service offered on this website, which will be subject to these terms and conditions.
MY TOP TOUR is the commercial brand under which the services offered by the entity are grouped:
MNPQ TOURIST MANAGERS, SL (B/19.650.613)
In compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, it is reported that:
1. ACCESS AND CONDITIONS OF USE OF THE WEBSITE
The Website has a section that can be visited and accessed without having to provide your data; in this case, its use is purely informative. In addition, it has another section in which the user will have to provide their data for the correct management and purchase of the available tourist packages. In this online purchase process, basic identification data will be requested as well as the data necessary for payment through PayPal, MasterCard and VISA.
By accessing any part of this Website, you are agreeing to the General Terms and Conditions of Use of the Website . If you do not agree to the terms and conditions of this Website, you must leave it immediately and will not be able to place orders through it (specification included in European Regulation 679/2016 on data protection policy).
MY TOP TOUR (MNPQ GESTORES TURÍSTICOS, SL) may revise the Conditions of this Website at any time, so we ask you to check the content of these conditions periodically, since you will be subject to the terms and conditions in force at the time you place an order with us.
Access to the Website requires an Internet connection. The availability and quality of Internet access may vary depending on various factors such as the available bandwidth, the type of device used or the geographic location of the User. These factors do not depend on MY TOP TOUR (MNPQ GESTORES TURÍSTICOS, SL) nor is it responsible for any aspect related to the User’s Internet access service.
2.STATUS LEGAL
By making a communication through the contact form on the Website, you guarantee that you have the legal capacity necessary to enter into binding contracts.
MY TOP TOUR (MNPQ GESTORES TURÍSTICOS, SL) will not process data of minors or of those persons who require legal guardianship.
3. LIMITATION OF LIABILITY
A.- Of the user.
The use made by the user of freetour-granada will be the sole and exclusive responsibility of the user, exonerating MNPQ GESTORES TURÍSTICOS, SL from any damage or harm that may be caused directly or indirectly to the user or to third parties due to the user’s failure to observe these Conditions of Use.
B.- Regarding the providers of tourist tours
It will be their responsibility to prepare and update their offers, tourist services, and the data derived from them, without MNPQ GESTORES TURÍSTICOS, SL being responsible for the maintenance, updating or supervision of the aforementioned information.
C.- Disclaimer
MNPQ GESTORES TURÍSTICOS, SL will not be held responsible, either directly or indirectly, for the following liabilities:
4. RECRUITMENT
Once the User selects a Service and/or Tourist Product on the Website, he/she will be redirected to a calendar where he/she can select the date of the chosen service and/or tourist product. The User can then determine the time at which it will be carried out, within the availability offered on the Website; as well as the number of people, differentiating between adults, students and children of different ages.
Reservations are subject to acceptance by My Top Tour; the availability of the contracted Service and/or Tourist Product; as well as compliance and acceptance by the User of these General Conditions and the Policies of Use.
To complete the reservation, the User will complete a form requesting his/her name and surname, as well as an email address for sending the reservation voucher (hereinafter, “the Voucher” ). Additionally, the User may optionally provide his/her telephone number and comments or observations regarding the reservation.
Once the form has been completed and these General Conditions and the Policies of Use have been accepted, the User will be directed to the payment gateway (hereinafter, ” the Gateway” ).
Once on the Gateway, the User will choose the payment method, according to their convenience, and the verification and authentication of the same will be carried out. Finally, the User will automatically receive a booking confirmation to the email provided. Upon receipt of this confirmation, the binding contract will be concluded (hereinafter, ” the Contract” ).
My Top Tour has the right to not accept the reservation in the event that the payment information is not approved, or if any other type of incident related to the General Conditions is detected. When you carry out a transaction through our Website, we will send you a confirmation email containing the details of the transaction. My Top Tour recommends that the User verify that the details appearing in the confirmation message are correct and keep a copy for their records.
In those contracted tourist Services and/or Products in which there is no availability for the date or time chosen by the User, My Top Tour will make the necessary arrangements so that the User can carry it out on another date or another time slot.
Exceptionally, some reservations for tourist Services and/or Products contracted through the My Top Tour Website are not carried out using the reservation calendar, but instead require a request for availability using a contact form. Once the request has been made, My Top Tour will establish direct contact with the User through the data provided by the latter to confirm availability.
5. WITHDRAWAL PROTOCOL (RETURNS)
According to the provisions of Law 3/2014, of March 27, General Law for the Defense of Consumers and Users, the user client may request the refund of the amounts paid:
Failure to show up for a visit or outside the tour start time, as well as not carrying an ID or passport on visits that include tickets to the Alhambra or other monuments that require them, will not entitle you to any refund of the amount of the tours purchased.
To request changes or cancellations you must communicate them in writing to the email address: soporte@mytoptour.es
Information regarding the cancellation and return policy for each product is specified in each of them.
Once the period in which you can request cancellation or change of service (if applicable) has elapsed, the client will no longer be able to exercise the right to withdraw from the contract according to Law 3/2014, of March 27, which modifies 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 November 16, it is established based on article 103 (regarding the exceptions to the right of withdrawal) that:
l) The provision of accommodation services for purposes other than housing, transportation of goods, vehicle rental, food or services related to recreational activities, if the contracts provide for a specific date or period of performance.
In this way, you will be exempt from the right of withdrawal in accordance with the above and the cancellation policy to which each product is subject as indicated on the website. The customer will assume the cost of the reservation in case of withdrawal.
6.CUSTOMER SERVICE
Our Customer Service team will try to resolve any questions you may have about our tourist services. You can contact our customer service from Monday to Friday from 11:00 to 14:00 and from 16:30 to 18:00 at +34 958 53 50 28 and at soporte@mytoptour.es.
6.1. Submission of complaints and claims
Customers may submit any complaints they deem appropriate either by post or electronically. The postal address for submitting complaints is C/ Reyes Católicos 34 – 1ª planta, 18009, Granada. If the customer prefers to submit their complaint online or electronically, they must submit it to the following email address: soporte@mytoptour.es. Customers may also submit their queries and complaints by telephone, by calling the following telephone number: +34 958 53 50 28.
The Andalusian Government’s complaint and claim application form can be found at the following link: https://ws231.juntadeandalucia.es/hoja/hojas/impresionFrom.do
Likewise, if the client considers it appropriate, he/she may file his/her complaint or claim through the European Union Dispute Resolution Platform. Through the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
6.2. Reviews.
All reviews provided on the website have been provided to Google through a series of tools provided by its technological platform.
These reviews have not been verified by any of the website owner’s staff.
7.BOOKING ENGINE
The booking engine that allows consumers to make ticket requests and reserve additional services is the exclusive property of FareHarbor BV. Once the consumer makes a request for the service, he or she agrees to accept the general conditions of FareHarbor.
The following text corresponds to the General Conditions in force as of July 2, 2024, being the date of the last revision/update:
These Customer Terms of Service (“Terms of Service”) are between you, the person making use of the Service, (“you”, “your”, “Customer”) and FareHarbor BV (“FareHarbor”, “we”, “us” or “our”), and describe your rights and responsibilities when using our facilitated online booking, reservation and payment solution (the “Service”). Please read them carefully. These Terms of Service are a legally binding contract between you and FareHarbor, a comprehensive online booking and reservation solutions company for activity (tourism) businesses (“Supplier” or “Suppliers”), acting as a limited purpose payment agent on your behalf, enabling customers like you to book and pay for activity (tourism) reservations online. By completing an online booking or reservation, you confirm that you have read, understand and agree to be bound by these Terms of Service together with any other terms provided to you during the booking process.
Relationship between you, the Supplier and FareHarbor
1.1 Activity Agreement. By using the Service to complete the online booking process and purchase a product or service from the Supplier (“Booking”), you enter into a direct contractual relationship (the “Activity Agreement”) with the Supplier. FareHarbor is not a party to the Activity Agreement.
1.2 Contractual Obligations. You acknowledge and agree that the Supplier, not FareHarbor, is solely responsible for (a) fulfilling the Supplier’s obligations under the Activity Agreement, and (b) informing you of any relevant policies and practices with which you are required to comply. In addition, when you enter into an Activity Agreement with a Supplier, you agree and understand that you are agreeing to the terms, conditions, rules and restrictions associated with such Activity Agreement, the relevant policies and practices. You also acknowledge and agree that you, and not FareHarbor, will be responsible for fulfilling any obligations within the Activity Agreement and for complying with the relevant policies and practices.
1.3 Separate Parties. FareHarbor does not (i) exercise any control or authority over the Supplier, its employees, agents or representatives; (ii) own, sell, supply, provide, rent, manage or otherwise control the Supplier’s products and services; or, (iii) own or possess any right, title or interest in the Supplier.
1.4 No Partnership. FareHarbor and its Suppliers operate independently, and you agree that nothing in these Terms of Service shall be construed as creating a partnership, joint venture, agency relationship, or association between FareHarbor and a Supplier.
1.5 Facilitated Payment. FareHarbor’s responsibilities are limited to providing the Service for your use, including (i) facilitating all payments for Bookings made using the Service, (ii) acting as a limited purpose payment agent on your behalf to collect the amount payable to the Supplier under the Activity Agreement for the product or service purchased (“Activity Price”), and (iii) paying the Activity Price to the Supplier on your behalf. To fulfill these responsibilities, FareHarbor engages with licensed payment service providers (PSPs).
1.6 Credit Card Authorization. You authorize FareHarbor and the applicable PSP, as part of fulfilling the payment facilitation responsibilities described in Section 1.5 above, to charge your credit card for the Activity Price and the Booking Fee or obtain a pre-authorization through your credit card for the Activity Price and the Booking Fee, including any applicable taxes.
1.7 Activity Information. The Supplier is solely responsible for information regarding the Supplier’s products and services that are bookable through the Service. More specifically, it is the Supplier’s sole responsibility that the information provided to it regarding the Supplier’s products and services (and the terms and conditions relating thereto) is complete, correct, adequate and up-to-date. FareHarbor is not an agent or representative of the Supplier, and makes no representations or warranties of any kind, whether express or implied, in relation to information regarding the Supplier’s products and services.
Terms of Use of the Service
2.1 Capacity. To the extent prohibited by applicable law, the Service is not intended for, and should not be used by, anyone under the age of eighteen (18). By using the Service, you represent that: (a) you are at least eighteen (18) years of age; (b) you possess the legal authority to enter into binding legal obligations; and, (c) you will only use the Service to make a legitimate Reservation for yourself or for another person whom you are legally authorized to represent.
2.2 Use of Third Parties. If you or the person using the Service makes a Booking for a third party, you or the person using the Service agree to assume responsibility for (i) informing the third party of the terms set out in the Activity Contract, and (ii) obtaining the third party’s acceptance of the terms of the Activity Contract;
2.3 Alternative Means. You or the person using the Service agree not to use the Service to avoid any obligation to pay a fee to FareHarbor, for example, by locating a Provider but completing the transaction using means other than the Service.
Booking Fee
3.1 Booking Fee. FareHarbor charges, and you agree to pay, a fee for using the Service to obtain (and make payment for) a reservation for Supplier products or services (“Booking Fee”). The amount of the Booking Fee is clearly displayed in the Booking Funnel.
3.2 Taxes. The booking fee includes applicable taxes.
3.3 Collection. You may be charged the booking fee along with the price of the activity.
3.4 International Fees. Your financial institution may impose additional fees or charges for international transactions.
3.5 Partial Refunds. In the event that a Supplier refunds a portion of the Activity Price to you, you agree that FareHarbor has the right to retain the full amount of the applicable Booking Fee as consideration for the services provided.
3.6 Full Refunds. Except as otherwise provided in these Terms, Booking Fees are non-refundable. Notwithstanding the foregoing, FareHarbor may refund Booking Fees at its discretion.
3.7 Gift Cards. In the event that a Supplier cancels an Activity Contract and provides you with a gift card, gift certificate or voucher as compensation, you agree that you will only be entitled to a refund of an amount equal to the Activity Price, and that FareHarbor is entitled to retain the full amount of the Booking Fee as consideration for the services provided.
Right to Cancel, Errors and Mistakes
4.1 Disclaimer of Accuracy. Information displayed on the Service may contain technical inaccuracies, typographical errors, or other discrepancies, including, but not limited to, rates, fees, or availability in connection with your Booking. Because Suppliers control the information displayed on the Service, FareHarbor cannot and does not endorse the accuracy of such information and makes no warranties or representations of any kind, whether express or implied. You agree that FareHarbor is not responsible for any errors, inaccuracies, or omissions relating to information displayed on the Service.
4.2 Correction Rights. You agree that FareHarbor has the right to make changes, corrections, or cancellations of any errors, inaccuracies, or omissions in the Service (i) if requested by the Provider to carry out such actions, or (ii) if such actions are necessary to correct hardware or software errors.
4.3 No Warranty. FareHarbor is not responsible for any communication failures, errors, difficulties or other malfunctions, nor is it responsible for any lost, stolen or misdirected transactions, transmissions, messages or input on or in connection with the Service. The Service may not be available on a continuous basis due to (i) maintenance or repairs, (ii) computer problems, (iii) Internet service interruptions or (iv) other unforeseen circumstances.
Access and Interference
5.1 Prohibited Uses. You may not: (a) use any robot, spider, scraper or other automated means to access the Service for commercial purposes without the express written permission of FareHarbor or its licensors; (b) take any action that imposes, or may impose in FareHarbor’s sole discretion, an unreasonable or disproportionately large load on our infrastructure; (c) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (d) circumvent any measures FareHarbor may use to prevent or restrict access to the Service.
5.2 Denial of Access. FareHarbor reserves the right, in its sole discretion, to deny access to any person to this Service at any time and for any reason, including, but not limited to, for violations of these Terms of Service.
Intellectual Property Rights
6.1 Limited License. FareHarbor grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service and the content available through the Service solely for the purposes for which it is made available. This license does not include any collection and use of any third party images or content on the Service; any derivative use of the Service or its contents; any downloading or copying of customer or account information for the benefit of any third party; or any use of data mining, robots, scraping, or similar data gathering and extraction tools. Except as expressly permitted in these Terms of Service, the Service, or any portion thereof, may not be reproduced, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of FareHarbor.
6.2 Online Content. All content featured or displayed on the Service, including but not limited to text, graphics, photographs, images, sound and illustrations (“Content”), is the property of FareHarbor, its licensors, vendors, agents or Suppliers. All elements of the Service, including but not limited to the general design and the Content, are protected by trade dress, copyright, moral rights, trademarks and other laws relating to intellectual property rights. The Service may only be used for the intended purpose for which such Service is made available. You may not modify any of the materials or copy, distribute, transmit, display, perform, reproduce, adapt, publish, license, create derivative works from, transfer or sell any information or work contained in the Service. The Service, its Content and all related rights shall remain the exclusive property of FareHarbor or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Service.
6.3 Intellectual Property. All trademarks, service marks and trade names of FareHarbor used in the Service (including, without limitation: the FareHarbor name and logo; the Service name, design and any logos) (collectively “Marks”) are trademarks of FareHarbor or its affiliates, partners, suppliers or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without FareHarbor’s prior written consent. FareHarbor prohibits use of the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. You shall not use the FareHarbor name or any language, images or symbols that may, in FareHarbor’s judgment, imply endorsement by FareHarbor in any advertising, presentation, brochure, newsletter, book or other written material of any nature, written or oral, without FareHarbor’s prior written consent.
6.4 Third Party Websites. From time to time, the Service may contain links to external websites that are not owned, operated or controlled by FareHarbor or its affiliates. All such links are provided solely as a convenience to you or the person using the Service. Neither FareHarbor nor any of its respective affiliates are responsible for any content, materials or other information located on or accessible from other websites. FareHarbor and its affiliates do not endorse, guarantee or make any representations or warranties regarding other websites, services or any other information located on or accessible from other websites or services. If you or the person using the Service decides to access any other website, that person does so at his or her own risk.
Privacy
7.1 Purpose. FareHarbor processes your personal information (e.g. financial data and full name) provided by you for the purposes described in Section 1.5. FareHarbor relies on the legal basis that the processing of your personal information is necessary to enter into and perform a contract. If you do not provide us with the required personal information, we will not be able to provide you with the Service.
7.2 Processing. After the Service is provided, your personal information will be shared with the Provider so that the Provider can execute the Activity Contract. Your personal information will be processed by the relevant Provider, in accordance with its own policies. For such processing of personal information, the relevant Provider is responsible as the data controller. Therefore, if you have a request or a complaint regarding the Provider’s processing of your personal information, please contact the Provider directly. In addition, we may share your personal information with third party service providers who help us operate our Service, such as payment service providers and web hosting companies.
7.3 Storage. FareHarbor will process your information for as long as our processing purpose and our legitimate interests in documentation and evidence retention require it or storage is a technical requirement, unless FareHarbor is legally required to retain your personal information, for example in connection with contractual obligations or tax and supervisory obligations. If there are no contrary legal or contractual obligations, we will delete or anonymize your information after the storage or processing period has expired as part of our normal processes.
7.4 Transfers. We may transfer information to countries outside your country of residence, which may have data protection laws and regulations that differ from those in your country. Any transfer of information from the European Economic Area to countries outside the EEA will be made on the basis of the standard clauses approved by the European Commission, which can be found on the Commission’s website here, without prejudice to FareHarbor’s right to conclude that another justification may also apply.
7.5 Data rights. You have the rights of access; rectification; scraping; restriction of processing; objection to processing and portability. You can exercise these rights by filling out the Data Request Web Form. You also have the right to lodge a complaint with the competent supervisory authority.
Termination
8.1 FareHarbor may suspend or terminate your use of the Service at any time if you or any person using the Service fail to comply with any of their obligations under these Terms of Service.
Limitation of Liability
9.1 Property Damage. FareHarbor assumes no responsibility and is not liable for any damage to your or any person’s computers, equipment or other property caused by or arising from your access to, use of, or browsing of the Service, or your downloading of any information or materials from the Service.
9.2 Disclaimer of Liability. In no event will FareHarbor, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns be liable to you, the person using the Service, or anyone else for any indirect, punitive, or consequential damages (including, without limitation, damages resulting from lost profits, lost data, or business interruption) arising out of the use, inability to use, or the results of use of the Service (or the materials, information, or other content included on the Service), whether based on contract or any other legal theory.
9.3 Remedy. In the event of any problem with the Service, you or the person using the Service agree that your sole remedy is to stop using the Service.
9.4 Supplier Liability. In the event of any dispute or disagreement between you and Supplier, you agree (i) that Supplier is fully responsible for and solely liable for any injury, loss or damage arising from such disputes or disagreements, and (ii) that FareHarbor assumes no responsibility or liability for any injury, loss or damage arising from such disputes or disagreements.
9.5 Limitation of Liability. In no event will FareHarbor’s total liability to you or any person using the Service (whether in contract, tort or otherwise) exceed in the aggregate the greater of the following amounts: (a) the Booking Fee or (b) one hundred U.S. dollars ($100).
Miscellaneous
10.1 Time Limit for Filing Claims. You agree that any claim or cause of action under these Terms of Service must be filed within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between FareHarbor and you arising out of or relating to your use of the Service, the parties will promptly and in good faith attempt to resolve such dispute.
10.2 Severability. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service will remain in full force and effect.
10.3 Entire Agreement. These Terms of Service and the Privacy Policy together constitute the entire agreement between you and FareHarbor, govern your use of the Service, and supersede any prior understandings or agreements with respect to the same subject matter between you and FareHarbor (written or oral).
10.4 Waiver. FareHarbor’s failure or delay in enforcing any right or provision of these Terms of Service shall not constitute a waiver of such provision, or any other provision of these Terms of Service.
10.5 Applicable Law and Forum. These Terms of Service shall be governed by and construed exclusively in accordance with the laws of the Netherlands. Any dispute arising out of or in connection with these Terms of Service shall be submitted to and dealt with exclusively by the competent court in Amsterdam, the Netherlands. Where applicable, mandatory national consumer protection laws in your country of residence shall not be affected and you may bring a claim in the courts of the country where you reside.
FareHarbor BV | Vijzelstraat 66-80, 1017 HL Amsterdam, Low Countries
8. LICENSE FOR USE OF THE WEBSITE
You may use this website and print and download extracts from it for your personal, non-commercial use provided you comply with the following rules:
8.1. You may not engage in fraudulent use of the Website (such as piracy or scraping).
8.2 Unless otherwise stated, the copyright and other intellectual and industrial property rights in this Website and the content published thereon (including, but not limited to, photographs and graphic images) are the property of MNPQ GESTORES TURÍSTICOS, SL. These works are protected by laws and conventions on intellectual property and copyright throughout the world, and all rights are reserved.
8.3 You may not modify the digital or paper copies of any content you print, and you may not use any drawings, photos or other graphics, video or audio sequences separately from any accompanying text.
Phone & Whatsapp + 34 644746735
soporte@mytoptour.es
