Terms and conditions of the transfer service online booking manager

0. Prior information

The following, and for your reading and understanding, are the TERMS AND CONDITIONS OF THE ONLINE RESERVATION MANAGER OF TRANSFER SERVICES (hereinafter Terms and Conditions), which will be applicable to all reservations of transfer services offered and made to through the Website blacksheeptransfer.com, (hereinafter, the Website).

These Terms and Conditions will remain in force and will be valid for as long as they are accessible through the Website and will be applicable to all commercial transfer service reservation operations carried out through the Website. If you do not agree with them, you should not use this Website.

The CONSUMER will be subject to the Terms and Conditions in force at the time of making the reservation. Its temporary validity coincides with the time of its exhibition, until the moment in which they are totally or partially modified.

The ENTREPRENEUR reserves the right to modify in whole or in part at any time both the Terms and Conditions, as well as all those legal notices, guidelines and/or regulations for use contained in the Website and which, depending on the case, will replace , will complete and/or modify the Terms and Conditions contained herein, without affecting the services that were contracted prior to the modification.

These modifications may be made, through the Website, by any means admissible by law and will be mandatory during the time they are published on the web and until they are validly modified by subsequent ones.

The ENTREPRENEUR informs that the CONSUMER can access the Terms and Conditions by clicking on the “Terms and Conditions” link. We recommend that the CONSUMER consult the Terms and Conditions periodically, since they may be modified. You can always consult the current version of these conditions at https://blacksheeptransfer.com/terms-and-conditions/

However, the ENTREPRENEUR reserves the right to apply, in certain cases, Particular Conditions in preference to these Terms and Conditions when deemed appropriate, announcing them in a timely manner.

In the event of a contradiction between the terms and conditions stated in these Terms and Conditions and the Particular Conditions, the conditions agreed in the latter instrument will always prevail with respect to those incompatible terms, and only with respect to those products subject to said conditions. specific.

The acceptance of this contractual document implies that the CONSUMER:

1. You have read, understand and understand what is stated here.
2. That he is a natural person or represents a legal person with sufficient capacity to contract.
3. That it assumes all the conditions and obligations set forth herein.

1. PARTIES AND IDENTITY OF THE PARTIES

On the one hand,

The BUSINESSMAN is Pablo Acuña Esparza, N.I.F.: 26774526L, with address at Avenida de la Obsidiana 2 – 29631 Benalmádena, Málaga (Spain), telephone: (+34) 666362608 and email consultas@blacksheeptransfer.com

And, on the other hand,

The CONSUMER, as a guest user, without the need to be registered, being responsible for the veracity of the personal data provided to the ENTREPRENEUR.

Only the natural or legal person who adequately proves their condition and accepts these Terms and Conditions and the Particular Conditions that, where appropriate, are applicable and that, together with the Legal Notice and the Privacy Policy and Cookies Policy, govern our business relationship, from the moment the BUSINESSMAN sends you the reservation confirmation document, and not at any other time before.

If you do not agree with any part of the terms, you will not be able to contract any of the services offered on the website.

In the case of natural persons, the contracting of transfer services by minors under 18 years of age or by legal entities that do not meet the requirements set forth in these terms and conditions is expressly prohibited.

The making of reservations for transfer services made from the Website by a minor who falsifies the information, will be understood to be made under the supervision and authorization of their parents, guardians or legal representatives.

2. OBJECT OF THE CONTRACT

These terms and conditions will regulate the commercial relationship that arises between the ENTREPRENEUR and the CONSUMER for transfer service reservations made through the Website.

Taking the foregoing into account, the CONSUMER will only be subject to the Terms and Conditions from the moment they receive the terms and conditions in the reservation confirmation document from the BUSINESSMAN.

The contract entails the provision, upon payment of a certain price and publicly displayed through the Website, of a specific transfer service.

These Terms and Conditions and any document to which express reference is made in these constitute the entire existing agreement between the CONSUMER and the ENTREPRENEUR in relation to the purpose of contracting the service and replace any other agreement, agreement or promise previously agreed verbally or in writing by the same parties.

The CONSUMER and the ENTREPRENEUR acknowledge having consented to a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Terms and Conditions.

3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE

Access to the Website is free of charge, except for the cost of the connection through the telecommunications network provided by the access provider contracted by the user.

Access to most of the contents of the Website is completely free and does not require prior registration, without prejudice to the fact that the ENTREPRENEUR conditions the use of some of the services offered on its website to the prior completion of the corresponding form, and in your case may involve the payment of financial amounts. In the latter case, the user will be informed in advance, having to accept the corresponding contracting conditions for said service.

Access to the Website by minors under 14 years of age is prohibited. However, in the event that access to the Website takes place, it will be presumed that said access has been made with the prior and express authorization of their parents, guardians or legal representatives, without prejudice to the fact that the ENTREPRENEUR reserves the right to make as many verifications and verifications it deems appropriate.

Under no circumstances will the ENTREPRENEUR be responsible for the veracity of the data provided by the user, so each user will be solely responsible for the information provided to the ENTREPRENEUR being adequate, exact and precise or, otherwise, for the possible consequences that could derive from the lack of quality of the data or from the false or inaccurate statements that it makes.

In order to make reservations for the transfer services made available to users by the ENTREPRENEUR, it is not necessary for them to register in advance, but they do need to provide, through the forms provided for this purpose, at least , the data that is required as mandatory.

It is an essential requirement to be able to make reservations that the user be over 18 years of age and provide through the Website all the information required as mandatory, being able to make reservations on the Website both individuals and legal entities.

4. DESCRIPTION OF SERVICES

In compliance with current regulations and, especially Law 34/2002, of July 11, on services of the information society and electronic commerce, the ENTREPRENEUR offers in each of the sections of the Website , depending on the type of transfer service in question, information about it, its characteristics and prices.

The services offered, as well as others that could be offered in the future through the Website, will be provided in exchange for the corresponding remuneration to be paid by the CONSUMER, and will grant the latter a right to use them, subject to the deadlines, the terms and conditions and the particular conditions that, where appropriate, are established.

However, the ENTREPRENEUR reserves the right to withdraw, replace or change the services offered through the Website, by simply changing their content.

In this way, the transfer services offered at any time on the Website will be governed by the Terms and Conditions in force in each case. Likewise, the ENTREPRENEUR will have the power to stop offering, without prior notice and at any time, access to the aforementioned transfer services.

The descriptions, which are established in each case, will regulate the provision by the BUSINESSMAN of the transfer services offered to the CONSUMER.

4.1. Availability of transfer services

The availability of the transfer services offered by the ENTREPRENEUR through the Website may vary depending on the demand of CONSUMERS. Despite the fact that THE BUSINESSMAN has his own vehicles and those of third parties, the service requested by the CONSUMER may not be available at that time. In this case, the ENTREPRENEUR will send an email or make a phone call to the CONSUMER informing him of the impossibility of complying with the service.

In the event that the CONSUMER has decided to pay in advance for the transfer service and it is finally not available and/or does not agree with the way it is provided or with the final price of the service and does not wish to purchase it , the full amount paid will be refunded.

4.2. Indication and validity of the rates

The rates of the transfer services are always shown in the euro currency (€) and include the corresponding Value Added Tax (VAT) or other taxes that may be applicable and that will be in force at all times.

The rates shown on the Website are applicable exclusively to the transfer services offered through said Website and during the time they remain published, depending on the origin and destination of the transfer.

The minimum cost of the transfer service is €30 (taxes included) regardless of the place of collection and the place of destination.

Additional surcharges will be applied if a lower number of suitcases has been indicated than those that are actually transported, if a number of passengers less than those actually boarding the vehicle at the time of collection has been indicated and to make a change of vehicle, provided there is availability of a vehicle with a greater number of seats.

Similarly, a penalty of €300 will be applied for soiling the vehicle with food or drink, as well as for vomiting a passenger inside it.

The rates are merely informative and may be modified in response to market fluctuations. However, making the reservation by completing the corresponding form implies compliance with the price offered and with the terms and conditions of sale in force at that specific time.

Once the reservation is formalized, the purchase will be understood to have been perfected by operation of law, with all the legal guarantees that protect the acquiring consumer and, from that moment, the prices and conditions will be contractual and cannot be modified without the express agreement of both contracting parties.

The ENTREPRENEUR expressly reserves the right to modify rates at any time without prior notice. However, in any case, the rates in force indicated at the time of making the corresponding reservation will be applied.

The rates applicable to each service will be those published on the Website and applied automatically by the contracting process in its last phase.

Any payment made to the ENTREPRENEUR will lead to the issuance of an invoice in the name of the CONSUMER. The CONSUMER, by checking the box “I authorize and request the sending of the purchase invoice in electronic format” that is shown at the end of the contracting process, authorizes and gives its express consent to the ENTREPRENEUR so that the invoice of purchase of the contracted service is issued and sent by the ENTREPRENEUR to his email in .pdf electronic format, except in the case that the CONSUMER does not authorize it and expressly requests the sending of the purchase invoice in paper format by ordinary postal mail

The consumer’s right to receive the paper bill may not be conditioned to the payment of any economic amount.

For any information about the reservation made, the CONSUMER may contact the ENTREPRENEUR by phone (+34) 666362608 or by email consultas@blacksheeptransfer.com In any case, the reservation number that was assigned and indicated in the email must be indicated in the subject of the message or in the call made confirmation of the same.

5. BOOKING PROCESS

The contracting procedure on the Website can only be carried out in Spanish and English.

All the processing of the reservation, completion of the contract, as well as subsequent communications with the CONSUMER will be carried out in Spanish and English.

In the event that it could be carried out in another language, this will be indicated before starting the contracting procedure.

In accordance with the requirements of article 27 of Law 34/2002, of July 11, on services of the information society and electronic commerce, the CONSUMER to be able to make the reservation of the offered transfer services by the BUSINESSMAN, you must use the reservation form https://blacksheeptransfer.com/book-now/ and follow the following steps:

1. Select the path origin from the following options:
   • From Airport
   • To Airport
   • From AVE Station
   • To AVE Station
   • A different journey
   1. From Airport
      • If the CONSUMER has selected “From Airport” they can optionally indicate the arrival flight number.
      • If the CONSUMER has selected “From Airport” they must indicate the destination of the trip, select the destination from the drop-down list, as well as indicate the street and number (mandatory).
      • If the destination is not on the list, you must click on the “My destination is not on the list” button and enter it in the form that will appear, providing address, town, province (mandatory) and postal code (optional) .
   2. To Airport
      • If the CONSUMER has selected “To the Airport” they must indicate the origin of the journey, select the origin of the collection from the drop-down list, as well as indicate the street and number (mandatory).
      • If the origin is not on the list, you must click on the button “My origin is not on the list” and enter it in the form that will appear, providing address, town, province (mandatory) and postal code (optional) .>
   3. From AVE Station
      • If the CONSUMER has selected “From AVE Station” they must indicate the destination of the journey, select the destination from the drop-down list, as well as indicate the street and number (mandatory).
      • If the destination is not on the list, you must click on the “My destination is not on the list” button and enter it in the form that will appear, providing address, town, province (mandatory) and postal code (optional) .
   4. To AVE Station
      • If the CONSUMER has selected “To AVE Station” they must indicate the origin of the journey, select the origin of the collection from the drop-down list, as well as indicate the street and number (mandatory).
      • If the origin is not on the list, you must click on the button “My origin is not on the list” and enter it in the form that will appear, providing address, town, province (mandatory) and postal code (optional) .
   5. A different journey
      • If the CONSUMER has selected “Another different route” a drop-down will open to enter the origin of the route, providing address, town, province and postal code (optional) and the destination of the route, providing address, town, province and zip code (optional)

2. In any of the options chosen, the CONSUMER must indicate the date and time of the outbound journey and, if applicable, the date and time of the return journey and the driver will receive him with a sign with his name in the Hall main airport/station or, failing that, at the meeting point that the CONSUMER has specified in their reservation (such as the pick-up address, hotel…)

3. In any of the options chosen by the CONSUMER, the CONSUMER must indicate the following information about the people and luggage that will be transported:

   • Number of passengers
   • Number of baby seats
   • Number of Child Boosters
   • Number of Small Suitcases
   • Number of Large Suitcases
   • Number of Golf Bags
   • Number of Small Pets
   • Number of Large Pets

4. Depending on the data provided (origin/destination/passengers/baggage) the service fee will be displayed automatically.

5. If you agree with the service fee, you must enter your personal information: name and surname, email and telephone (all of them fields must be completed).

   Optionally, the CONSUMER may include in the comments section any information that he considers important, flight number if applicable, or any question he wants to ask us. The CONSUMER may not make comments that contain offensive, insulting expressions and, in general, contrary to the law or to the requirements of morality and good customs.

6. As a reservation payment system, the CONSUMER must choose the following payment method, by clicking on the following box we make available:

   □ I want to make the reservation now and pay at the pick-up.

7. Before proceeding with the formalization of the reservation, the CONSUMER must carefully read these Terms and Conditions and the basic data protection information made available to them, accepting them in their entirety by marking the following check box ” check-box”:

   □ I accept the processing of my data according to the purposes indicated in the basic data protection information and the Terms and Conditions.

   Optionally, you can check the following check-box:

   □ I give my consent to receive commercial communications, about offers, promotions and any other recommendation that is of interest to me.

   The ENTREPRENEUR’s contracting platform will inform the CONSUMER, once the reservation procedure has been completed, via email, confirming the reservation and the description of the contracted service.

8. Once the reservation is made, the CONSUMER will be sent, to the email address indicated for this purpose, a confirmation of the reservation made with the information of the same, “Confirmation of the Reservation”, which will serve as as proof of the operation carried out and that you can print on paper, confirming for all purposes the reservation of the service on the dates and times indicated. The Proof of Reservation will not be valid as an invoice.

6. FORMS OF PAYMENT FOR RESERVATIONS

To proceed with the payment, the CONSUMER must follow each and every one of the instructions shown on the Website. The payment of the price of the transfer services can only be made through the forms of payment that are indicated at any time on the Website.

In the case of payment by credit and/or debit card, the payment will be subject to verifications and authorizations by the issuing entities, but if said entity does not authorize the payment, it will not be possible to continue with the purchase procedure started , being automatically canceled the reservation, and understanding that it has not been made. The amount of the price of the service, as well as any applicable tax, will be shown at the time of formalizing the reservation.

As a payment system, there is a payment method established on the Website so that the CONSUMER of his choice can make his reservation:

• I want to make the reservation now and pay on collection: The CONSUMER may reserve the service before the start of the service and pay on collection by credit and/or debit card or cash payment in European currency in circulation. To use this payment method, you must be previously authorized by the ENTREPRENEUR.

  The CONSUMER’s reservation can be postponed for anti-fraud verification. It can also be suspended for a longer time for a more rigorous investigation, to prevent fraudulent transactions.

7. VALUE ADDED TAX

In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the provision of transfer services will be understood to be located in the territory of application of Spanish VAT. The applicable VAT rate will be the one legally in force at all times.

8. LEGAL RIGHT OF WITHDRAWAL

8.1. Information on the exercise of the right of legal withdrawal

When the user is a consumer and the contract is entered into without the simultaneous physical presence of the CONSUMER and the ENTREPRENEUR (distance selling), the CONSUMER will enjoy the right of withdrawal described in this section.

The CONSUMER has the right to withdraw from the reservation made through the Website and therefore, if they are not satisfied, and provided that the nature of the contracted service allows it, they may return it within a maximum period of fourteen (14) calendar days from the date on which it was made and without the need for justification.

The withdrawal period will expire 14 calendar days from the day that the CONSUMER or a third party indicated by him, made the reservation.

To exercise the right of withdrawal, the CONSUMER must notify his decision to withdraw from the contract through a statement made in any way admitted by law. He may use the withdrawal form model that appears below, although its use is not mandatory.

8.2. Withdrawal form model

1. Data of the ENTREPRENEUR

   • Pablo Acuna Esparza | N.I.F.: 26774526L
   • Address: Avenida de la Obsidiana 2 – 29631 Benalmádena, Málaga (Spain)
   • Phone: (+34) 666362608 | Email: consultas@blacksheeptransfer.com

2. I hereby notify you that I withdraw from the contract for the following reservation made on day ___
3. Consumer name
4. ID/NIE
5. Consumer address
6. Phone
7. Email
8. Signature
9. Date

To exercise the right of withdrawal, the CONSUMER must notify the ENTREPRENEUR of his decision to withdraw from the reservation contract through a written communication addressed to the postal address Avenida de la Obsidiana 2 – 29631 Benalmádena, Málaga (Spain) or by email addressed to consultas@blacksheeptransfer.com If you resort to that option, we will notify you without delay via email of receipt of said withdrawal.

Click here to download the withdrawal form.

8.3. Consequences of withdrawal

In the event of withdrawal, the ENTREPRENEUR will return to the CONSUMER all payments received by him, with the exception of additional expenses resulting from his choice of a payment method other than the least expensive ordinary payment method that is offered, without any undue delay and, in any case, no later than fourteen (14) calendar days from the date on which we are informed of your decision to withdraw from this contract.

To comply with the withdrawal period, it is enough that the communication regarding the exercise by you of this right is sent, in the manner and substance described, before the corresponding period expires.

The refund of the amount of the reservation will be made through the same means of payment used by the CONSUMER for the initial transaction, unless the CONSUMER has expressly provided otherwise and as long as the CONSUMER does not incur in any expense as a result of reimbursement.

8.4. Exceptions to the right of legal withdrawal

In accordance with the provisions of article 103 section d) of Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws, the right of withdrawal will not be applicable, including, specifically, but not exclusively, to contracts that refer to transfer services in which, due to the very nature of the services that are the object of the contract, it is impossible to carry it out. without prejudice to the corresponding claim for damages suffered, including, specifically, but not exclusively:

• The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by the employer, you will have lost your right of withdrawal.

The CONSUMER’s right of withdrawal is extinguished in advance if the ENTREPRENEUR, with the express consent of the CONSUMER or at his initiative, has already fully executed the provision of the contracted service before the expiration of the withdrawal period.

In this way, the CONSUMER does not have the right of withdrawal if the ENTREPRENEUR provides them with transfer services organized in accordance with the CONSUMER’s specifications or that are clearly designed according to their needs or if the CONSUMER himself has ordered the provision of a service before the expiration of the withdrawal period.

9. GUARANTEES APPLICABLE TO TRANSFER SERVICES

If you contract as a consumer and user, we offer you guarantees on the transfer services that you can contract through the Website, responding, therefore, for their lack of conformity.

It is understood that the transfer services are in accordance with the contract provided that:

• They conform to the description made by us and possess the qualities that we have presented on the Website,
• They are suitable for the uses to which transfer services of the same type are ordinarily intended and
• They present the usual quality and benefits of a service of the same type that can be reasonably expected.

In this sense, if any of the transfer services do not comply with the contract, you must notify us by calling (+34) 666362608 or email consultas@blacksheeptransfer.com

THE BUSINESSMAN may terminate the contract before the service is provided to the CONSUMER only if he has grounds to believe that the means of payment or the purpose of the reservation are not lawful or valid.

In this case, the BUSINESSMAN will contact the CONSUMER and clearly propose an alternative to overcome the detected irregularity. In the same way, THE BUSINESSMAN reserves the right to notify the competent authorities of any attempt at fraud or illegal use of its systems, and is also empowered to use all legal means at its disposal to compensate for damages or losses of any nature that such practices could cause you.

10. USE OF BOOKING SERVICES

The user agrees to use the services in accordance with the Law, as well as with the provisions of these Terms and Conditions. Consequently, you are obliged not to use the services, for illicit purposes or effects and/or contrary to what is established in these Terms and Conditions, harmful to the rights and/or interests of third parties or that, in any way, may damage the services. and/or your image.

Reservation: Advance reservation services are for the purpose of contracting transportation by transfer.

Reservation procedure: All reservations are pre-confirmed by the CONSUMER providing accurate and complete information when making the reservation. The ENTREPRENEUR is not responsible for errors or inconveniences caused by incorrect or incomplete information provided by the CONSUMER. When using the service, the user will receive an email that will include the information that their reservation order is in the process of being confirmed.

Guarantee: As long as the reservation has been made correctly, said reservation will be confirmed and guaranteed from the receipt of an email with all the information of the same.< /p>

11. CANCELLATIONS AND MODIFICATIONS OF RESERVATIONS

11.1. Reservation cancellation

Cancellations of reservations made before 24 hours prior to the start of the service may be made due to force majeure. If the CONSUMER does not show up at the scheduled time for the collection, he must pay the full service.

The cancellation of reservations by the CONSUMER may be made up to 24 hours before the time stipulated for the collection in the reservation and by communication to consultas@blacksheeptransfer.com< /a> or through the contact form that can be found on the website, which may incur cancellation fees.

To modify a reservation, the CONSUMER must send an email to consultas@blacksheeptransfer.com requesting said modification or contact by phone (+34) 666362608.

The free modification period is up to 24 hours before the day of arrival. After that period, expenses may be charged, which will be communicated to the CONSUMER by email or via SMS.

Click here to download the complaint forms of the Junta de Andalucía.

12. INFORMATION ON THE PROCESSING OF PERSONAL DATA

In accordance with the provisions of REGULATION (EU) 2016/679 of the EUROPEAN PARLIAMENT and of the COUNCIL, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and which repeals Directive 95/46/CE (GENERAL DATA PROTECTION REGULATION), hereinafter GDPR (EU) 2016/679, and in compliance with Organic Law 3/2018, of 5 of December, Protection of Personal Data and Guarantee of Digital Rights, hereinafter LOPDGDD 3/2018, the ENTREPRENEUR informs consumers and/or users of the Website that all the personal data they provide by completing the electronic forms of Contact or reservation information on the Website, by sending emails to the different email accounts under the Internet domain blacksheeptransfer.com, form part of the ENTREPRENEUR’s Record of Processing Activities (RAT), which will be updated periodically according to with the provisions of the RGPD UE 2016/679 and the LOPDGDD 3/2018 for use by the different departments of the company in order to carry out the administrative, commercial, accounting and fiscal management of the company, respond to requests for information received and the queries raised, manage the online reservations of the transfer services, make the online payment of the acquired reservations, provide the requested transfer services and send commercial communications about offers, promotions and any other recommendation of interest to the interested party, by letter, telephone, email, SMS/MMS, WhatsApp or by other equivalent means of electronic communication, as long as the interested party has consented to the processing of their personal data for this purpose.

The legitimacy of the treatment is based on the execution of a contract or application of pre-contractual measures or by obtaining the express consent of the interested party. We will keep your personal data as long as there is a mutual interest for it, from the time you give us your consent until you revoke it or request the limitation of the treatment. In such cases, we will keep your data blocked for the legally required periods. The data will not be communicated to third parties, except legal obligation.

By entering their data in the existing electronic forms on the Website, the CONSUMER grants their explicit and unequivocal consent to the ENTREPRENEUR to proceed, in compliance with the purposes mentioned in the previous section, to the processing of the personal data provided.

Such data will not be transferred by the ENTREPRENEUR to third parties without the explicit and unequivocal consent of the CONSUMER. All this, without prejudice to the duty of collaboration of the ENTREPRENEUR, before the competent administrative and judicial bodies that may require data from the affected CONSUMER.

Likewise, the ENTREPRENEUR informs the CONSUMER of the possibility of exercising ARSULIPO rights, access to personal data, rectification, deletion (right to be forgotten), limitation of treatment, data portability, opposition to treatment and not be subject to automated individual decisions and, when the treatment is based on consent, the right to withdraw it at any time, by writing to the postal address of the ENTREPRENEUR Avenida de la Obsidiana 2 – 29631 Benalmádena, Málaga (Spain) or through of the email address consultas@blacksheeptransfer.com, attaching the affected party, in both cases, a legally valid proof of identity, such as a photocopy of the DNI /NIE/Passport, and clearly indicating the right you wish to exercise.

If you consider that the treatment does not comply with current regulations or you consider your rights violated, you can also file a claim with the Control Authority at https://www.aepd.es. You can consult our Privacy Policy at https://blacksheeptransfer.com/privacy-policy/

13. EXCLUSION OF WARRANTIES AND EXEMPTION OF LIABILITY

The ENTREPRENEUR cannot guarantee the reliability, availability or continuity of the services made available to the user, therefore it excludes any liability for damages and/or losses that may be due to the lack of availability, reliability or continuity of its website or its services, although it will try to provide, to the extent possible, technical assistance to the affected person, as well as try to immediately restore the interruption, making alternative means available.

Likewise, it is not obliged to control and does not control in advance, the absence of viruses or elements in the contents, which may cause alterations in the software or hardware of users or people who visit the pages, so they do not will be liable for damages of any kind that may derive from them.

In no case, the unavailability of the Website, or the existence of failures in it, will in any way empower the CONSUMER or third parties, to claim for any reason any type of remuneration or compensatory perk.

If, despite acting with due foresight and diligence, the contracted reservation cannot be facilitated for reasons that are not attributable to them and if it is impossible to provide the services under the agreed conditions, the BUSINESSMAN will offer the CONSUMER the possibility of opting for the total reimbursement of the amount paid or for its substitution by another of similar characteristics in terms of category or quality.

14. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Website, including, but not limited to, its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and/or graphics are the property of the ENTREPRENEUR or, where appropriate, licensed or express authorization from the authors.

All the contents of the Website are duly protected by intellectual and industrial property regulations, as well as registered in the corresponding public registries.

The total or partial reproduction, use, exploitation, distribution and commercialization, requires in any case the prior written authorization of the ENTREPRENEUR.

Any use not previously authorized by the ENTREPRENEUR will be considered a serious breach of the author’s intellectual or industrial property rights.

The designs, logos, text and/or graphics unrelated to the ENTREPRENEUR and that may appear on the Website belong to their respective owners, who themselves are responsible for any possible controversy that may arise with respect to them.

The ENTREPRENEUR acknowledges in favor of their owners the corresponding industrial and intellectual property rights, their mere mention or appearance on the Website not implying the existence of any rights or responsibility of the ENTREPRENEUR over them, nor does it imply endorsement, sponsorship or recommendation by him.

15. LINKS

The establishment of a hyperlink does not imply in any case the existence of relations between the ENTREPRENEUR and the owner of the Website in which it is established, nor the acceptance and approval by the ENTREPRENEUR of its contents or services. Those persons who intend to establish a hyperlink must previously request written authorization from the ENTREPRENEUR. In any case, the hyperlink will only allow access to the home-page or home page of the websites, it must also refrain from making false, inaccurate or incorrect statements or indications about the ENTREPRENEUR, or include illegal content, contrary to good customs and public order.

The ENTREPRENEUR is not responsible for the use that each user makes of the information made available on the Website or for the actions carried out based on it.

The ENTREPRENEUR assumes no responsibility for the information contained in third-party web pages that can be accessed by “links” or links from any web page owned by the ENTREPRENEUR. The presence of “links” or links on the ENTREPRENEUR’s Website is for informational purposes only and in no case does it imply a suggestion, invitation or recommendation about them.

16. OVERVIEW

These terms and conditions have been exposed well in advance, in accordance with current legislation. Likewise, the ENTREPRENEUR makes these terms and conditions available to you, so that they can be stored and reproduced, thus complying with the legal duty of prior information.

Click here to download the terms and conditions.

The ENTREPRENEUR reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website, its functionalities and/or the contents included in it. Thus, as to cease the provision of services at any time, keeping intact the commercial obligations or of any type acquired up to that moment.

In the event that any provision or provisions of these terms and conditions are considered null or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or non-application will not affect the remaining provisions . In this case, the affected clause or clauses will be replaced by another or others that have the most similar effects to those of the replaced ones.

17. CUSTOMER SERVICE AND AFTER SALES SERVICE

To make any kind of query, make a suggestion, or file a complaint or claim regarding the hiring of transfer services, it can be done by filling in the contact form on the Website, through the email address consultas@blacksheeptransfer.com or by calling the CONSUMER Service on the phone (+34) 666362608 during the following telephone hours:

• Monday to Sunday, including holidays, from 9:00 a.m. to 8:00 p.m., non-stop.

18. EUROPEAN ONLINE DISPUTE RESOLUTION PLATFORM

In the event that the user has had a problem with a purchase or the provision of an online service, they can make use of this means to present any claim in relation to said purchase, sale or provision of services, as well as opt for the solution of the conflict that arose.

By virtue of the provisions of article 14.1 of Regulation (EU) 524/2013 applicable throughout the European Union and Law 7/2017, of November 2, which incorporates into the Spanish legal system the Directive 2013/11/EU, of the European Parliament and of the Council, of May 21, 2013, regarding the alternative resolution of consumer disputes, THE ENTREPRENEUR makes the following link available to users of the Website: https://webgate.ec.europa.eu/odr/ main/index.cfm?event=main.home.show&lng=ES

Through this link, users of the Website will be able to access the European Platform for Online Dispute Resolution in consumer matters (ODR).

19. EVENTS OUTSIDE OUR CONTROL

We will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when it is due to events that are beyond our reasonable control (“Cause of Force Majeure”).

Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:

1. Strikes, lockouts or other protest measures.
2. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster.
4. Impossibility to use trains, ships, planes, motor transport or other means of transport, public or private.
5. Inability to use public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to end the Cause of Force Majeure or to find a solution that allows us to fulfill our obligations despite the Cause of Force Majeure.

20. APPLICABLE LAW AND COMPETENT JURISDICTION

These terms and conditions are governed by Spanish law. The parties submit, at their choice, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the city of Malaga (Spain), unless the user is a consumer, in which case The parties submit to the Courts and Tribunals of the domicile where the consumer has his habitual residence, if his domicile is established in Spain.

If any clause included in these terms and conditions were declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part thereof that is null or ineffective, subsisting these terms and conditions in everything else and considering such provision in whole or in part as not included.

In the same way, these terms and conditions are subject to any other provision, regulation or law that is directly or indirectly applicable.