General conditions of use of the Web

OF GENERAL INTEREST

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, S.L.) will provide its tourist services and on-line reservations.

Please read these terms and conditions of use of this website carefully before making an inquiry about any service offered on this website will be subject to these terms and conditions.

TERMS AND CONDITIONS OF USE

ENTITY DATA

MY TOP TOUR is the commercial brand under which the services offered by the entity are grouped:

MNPQ GESTORES TURÍSTICOS, S.L. (B/19.650.613)

In compliance with Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, we inform you that:

Its trade name is MY TOP TOUR (MNPQ GESTORES TURÍSTICOS, S.L.).
That the trade name MY TOP TOUR (MNPQ GESTORES TURÍSTICOS, S.L.) has its headquarters in P.º de la Sabica, 32 – C.P.18.009 Granada, Province of Granada, Spain.
Here you can exercise your rights of Access, Rectification, Limitation of Processing, Portability, Deletion and Opposition as well as any other exercise related to the transfer of data through this website.

1. ACCESS AND CONDITIONS OF USE OF THE WEB SITE

The Web Page has a part that can be visited and accessed without the need to provide your data; in this case, its use is merely informative. In addition, it has another section in which the user will have to provide his/her data for the correct management and purchase of the available tourist packages. In this on-line purchase process, basic identification data will be requested as well as the necessary data for payment through PayPal, MasterCard and VISA.

By accessing any part of this Website, you are accepting the General Terms and Conditions of Use of the Website. If you do not accept the terms and conditions of this Page, you must leave it immediately, and you will not be able to place orders through it (specification contained in the European Regulation 679/2016 on data protection policy).

MY TOP TOUR (MNPQ GESTORES TURÍSTICOS, S.L.) may revise the Terms and Conditions of this Website at any time, so please check the content of these conditions periodically, as you will be subject to the terms and conditions in force at the time you place an order with us.

Access to the Web requires an Internet connection. The availability and quality of Internet access may vary depending on various factors such as available bandwidth, the type of device used or the geographical location of the user. These factors do not depend on MY TOP TOUR (MNPQ GESTORES TURÍSTICOS, S.L.) nor is it responsible for any aspect related to the User’s Internet access service.

2. LEGAL STATUS

By making a communication through the contact form on the website, you warrant that you have the legal capacity to enter into binding contracts.

MY TOP TOUR (MNPQ GESTORES TURÍSTICOS, S.L.) will not process data of minors or those who require legal guardianship.

3. LIMITATION OF LIABILITY

A. – 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, S.L. of any damage or harm that directly or indirectly could cause the user or third parties, the non-observance of these Terms of Use by the user.

B.- Tourist tour providers
It will be their responsibility to prepare and update their offers, tourist services, and the data derived from them, without MNPQ GESTORES TURÍSTICOS, S.L. being responsible for the maintenance, updating or supervision of the aforementioned information.

C.- Waiver of liabilities

MNPQ GESTORES TURÍSTICOS, S.L. shall not be liable either directly or secondarily for the following liabilities:

The quality of service, proper operation or availability and continuity of the website, as well as all liabilities arising from other suppliers outside MNPQ GESTORES TURÍSTICOS, S.L..
The information and data entered by third parties other than the staff of MNPQ GESTORES TURÍSTICOS, S.L..
Damage that may be caused to users’ equipment by the use of the website.
If in cases of force majeure deficiencies in reservations, confirmations thereof, or in the execution of services or products that are contracted through the website, and not having the status of foreseeable or can be solved by the Agency unless they were the result of negligence attributable to MNPQ GESTORES TURÍSTICOS, SL.
The infringement of the rights of intellectual and industrial property, honor, personal and family privacy and image of persons, belonging to a third party, as a result of the transmission, dissemination, storage or provision of access to the contents of the website.
Errata, inaccuracies or errors of any kind, so MNPQ GESTORES TURÍSTICOS, S.L. does not guarantee the accuracy or reliability of the information contained on the website.

4. CONTRACTING

Once the User selects a Service and/or Tourist Product on the Website, he/she will be redirected to a calendar where he/she will be able to select the date of realization of the chosen service and/or tourist product. Subsequently, the User will be able to determine the schedule in 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 with different ages.

Reservations are subject to acceptance by My Top Tour; to the availability of the Service and/or Tourist Product contracted; as well as to the User’s compliance with and acceptance of these General Conditions and the Policies of Use.

To complete the reservation, the User will proceed to fill out a form where his name and surname will be requested, as well as an email for the sending of the reservation voucher (hereinafter, “the Voucher”). Also, optionally, you may provide your telephone number and comments or observations in this regard.

Upon completion of the form and acceptance of these General Terms and Conditions and the Policies of Use, the User will be directed to the payment gateway (hereinafter referred to as “the Gateway”).

Once in the Gateway, the User will choose the method of payment, according to his 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 address provided. Upon receipt of this confirmation, the binding contract (hereinafter referred to as “the Contract”) will be concluded.

My Top Tour has the right not to accept the reservation in the event that the payment information is not approved, or that any other type of incidence related to the General Conditions is detected. When you make a transaction through our website we will proceed to send you a confirmation email containing the details of the transaction. My Top Tour recommends the User to verify that the details in the confirmation email are correct and keep a copy for your records.

In those Services and/or Tourist Products contracted 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 time slot.

Exceptionally, some of the reservations of services and / or tourist products contracted through the My Top Tour website are not carried out through the use of the booking calendar, but requires the request for availability through a contact form. Once the request is formalized, My Top Tours will establish direct contact with the User through the data provided by the latter to confirm availability.

5. WITHDRAWAL PROTOCOL (RETURNS)

In accordance with the provisions of Law 3/2014 of March 27, 2014, General Law for the Defense of Consumers and Users, the client user may request a refund of the amounts paid:

Failure to show up for a visit or after the tour start time, as well as failure to carry your ID card or passport for visits that include tickets to the Alhambra or other monuments that require it, 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 following e-mail address: soporte@mytoptour.es.

Information regarding the cancellation and return policy of each product is specified in each product.

Once the period in which the customer may request the cancellation or change of the service (if any) has elapsed, the customer may no longer opt for the right of withdrawal from the contract according to Law 3/2014, of March 27, which amends the revised 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 (referring to the exceptions to the right of withdrawal) that:

l) The provision of lodging services for purposes other than housing, transportation of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.

In this way it will be exempted from the right of withdrawal in accordance with the above and the cancellation policy to which each product is subject as well as indicated on the web. The customer will assume the cost of the reservation in case of cancellation.

6. CUSTOMER SERVICE

Our Customer Service team will try to solve 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 by phone +34 958 53 50 28 and by email soporte@mytoptour.es.

6.1. Referral of complaints and claims

Customers may submit any complaints they deem appropriate either by post or electronically. The postal address for sending claims is C/ Reyes Católicos 34 – 1st floor, 18009, Granada. In the event that the customer prefers to make a complaint online or electronically, he/she should send it to the following e-mail address: soporte@mytoptour.es. Similarly, they can also make their queries and claims by telephone by calling the following telephone number: +34 958 53 50 28.

The application form for complaints and claims of the Junta de Andalucía can be found in the following link: https: //ws231.juntadeandalucia.es/hoja/hojas/impresionFrom.do

Similarly, if the customer considers it appropriate, he/she may file a 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 technology platform.

These reviews have not been verified by any member of the website owner’s staff.

7. OF THE BOOKING ENGINE

The booking engine that allows consumers to request tickets and book complementary services is the exclusive property of FareHarbor BV. Once the consumer makes the request for the service, he/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”, “your”, “Customer”) and FareHarbor B.V. (“FareHarbor”, “we”, “us” or “our”), and describe your rights and responsibilities when using our online booking, reservation and facilitated 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) bookings 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 Supplier (“Booking”), you enter into a direct contractual relationship (the “Activity Agreement”) with Supplier. FareHarbor is not a party to the Activity Agreement.

1.2 Contractual Obligations. You acknowledge and agree that Supplier, not FareHarbor, is solely responsible for (a) complying with Supplier’s obligations under the Activity Agreement, and (b) informing you of any relevant policies and practices with which it must comply. In addition, when you enter into an Activity Agreement with a Supplier, you agree and understand that you accept the terms, conditions, rules and restrictions associated with such Activity Agreement, relevant policies and practices. You also acknowledge and agree that you, and not FareHarbor, will be responsible for fulfilling any obligations under 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 Supplier, its employees, agents or representatives; (ii) own, sell, supply, furnish, provide, lease, manage or control Supplier’s products and services; or, (iii) own or hold any right, title or interest in 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, which includes (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 to be paid to Supplier under the Activity Agreement for the purchased product or service (“Activity Price”), and (iii) paying the Activity Price to Supplier on your behalf. To fulfill these responsibilities, FareHarbor engages with payment service providers (Licensed 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 Booking Fee or obtain prior authorization through your credit card for the Activity Price and Booking Fee, including applicable taxes.

1.7 Activity Information. Supplier is solely responsible for the information regarding Supplier’s products and services that can be booked through the Service. More specifically, it is Supplier’s sole responsibility that the information provided to Supplier with respect to Supplier’s products and services (and the terms and conditions related thereto) is complete, correct, adequate and current. FareHarbor is not an agent or representative of Provider, and makes no representations or warranties of any kind, express or implied, in connection with information about Provider’s products and services.

Conditions for using the Service
2.1 Capacity. To the extent prohibited by applicable law, the Service is not intended for and should not be used by persons 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 Booking for yourself or for another person you are legally authorized to represent.

2.2 Third Party Use. If you or the person making use of the Service makes a Reservation for a third party, you or the person making use of the Service agree to assume responsibility for (i) informing the third party of the terms set forth in the Activity Agreement, and (ii) obtaining the third party’s acceptance of the terms of the Activity Agreement;

2.3 Alternative Means. You or the person making use of the Service agree to refrain from using the Service to circumvent any obligation to pay a fee to FareHarbor, e.g., locating a Vendor but completing the transaction using means other than the Service.

Reservation 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 of Supplier’s products or services (“Reservation Fee”). The amount of the Booking Fee is clearly displayed in the booking funnel.

3.2 Taxes. The reservation fee includes applicable taxes.

3.3 Collection. You may be charged the reservation 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 you a portion of the Activity Price, you agree that FareHarbor is entitled to retain the full amount of the applicable Booking Fee as consideration for services rendered.

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 services rendered.

Right of cancellation, 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, fares or availability in connection with your Booking. Because the 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, express or implied. You agree that FareHarbor is not responsible for any errors, inaccuracies or omissions related to the 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 Provider to take such actions, or (ii) if such actions are necessary to correct hardware or software errors.

4.3 No Warranty. FareHarbor is not responsible for communication failures, errors, difficulties or other malfunctions, nor is FareHarbor responsible for any lost, stolen or misdirected transactions, transmissions, messages or entries on or in connection with the Service. The Service may not be continuously available 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 activity 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, without limitation, for crimes of violation 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 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 a 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, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of FareHarbor.

6.2 Online Content. All content presented 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 Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Service may only be used for the intended purpose for which the 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 on 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, repost, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity related to the distribution of materials on the Service, without FareHarbor’s prior written consent. FareHarbor prohibits the use of the Marks as an “active” link on or to any other web site unless the establishment of such a link is approved in advance. You shall not use FareHarbor’s 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 to the person making use of 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, warrant or make any representations or warranties with respect to 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 the Service to you.

7.2 Processing. After providing the Service, your personal information will be shared with the Supplier in order for the Supplier to execute the Activity Agreement. Your personal information will be processed by the relevant Supplier in accordance with its own policies. For such processing of personal information, the relevant Supplier is responsible as the data controller. Therefore, if you have a request or 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 that 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 purpose of processing and our legitimate interests in documenting and preserving evidence require it or storage is a technical requirement, unless FareHarbor is legally obliged 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 other justification may also apply.

7.5 Data rights. You have the rights of access; rectification; erasure; 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 in the event of any breach of the obligations under these Terms of Service by you or by the person making use of the Service.

Limitation of liability
9.1 Property Damage. FareHarbor assumes no responsibility and shall not be liable for any damage to any computer, equipment or other property of you or any person using the Service caused by or arising from your access to, use of or browsing in the Service, or your downloading of any information or materials from this 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 making use of the Service or any other person for indirect, punitive or consequential damages (including, without limitation, damages resulting from lost profits, loss of data or business interruption) arising out of use. the inability to use, or the results of the use of, the Service (or the materials, information or other content included in the Service), whether based on contract or any other legal basis.

9.3 Remedy. In the event of any problem with the Service, you or the person making use of the Service agree that your sole remedy is to stop using the Service.

9.4 Provider’s Liability. In the event of any dispute or disagreement between you and Supplier, you agree (i) that Supplier is fully responsible and solely liable for any injury, loss or damage arising out of such disputes or disagreements, and (ii) that FareHarbor assumes no responsibility or liability whatsoever for any injury, loss or damage arising out of such disputes or disagreements.

9.5 Limitation of Liability. In no event shall FareHarbor’s total liability to you or any person making use of the Service (whether in contract, tort or otherwise) exceed in the aggregate the greater of (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 attempt, promptly and in good faith, to resolve any 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 provision shall 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 shall 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 regarding 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, the mandatory national consumer protection laws of your country of residence are not affected and you may bring a claim in the courts of the country where you reside.

FareHarbor BV | Vijzelstraat 66-80, 1017 HL Amsterdam, The Netherlands

8. LICENSE OF USE OF THE WEB SITE

You may use this website, as well as print and download extracts from it for your personal non-commercial use, provided that you comply with the following rules:

8.1. You may not engage in fraudulent use of the Site (such as hacking or scraping).

8.2 Unless otherwise stated, the copyright and all other intellectual and industrial property rights in this Website and the content published on it (including but not limited to photographs and graphic images) are owned by MNPQ GESTORES TURÍSTICOS, S.L. These works are protected by laws and conventions on intellectual property and copyright worldwide, 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 independently of any accompanying text.