Introduction
- EPICO VIAJES S.L. trading as “EPICO” owns and operates the Website www.epico.life and all other Booking Channels (as defined at clause 2 below). EPICO VIAJES S.L. is a company registered in Spain under company number NIF B67542845 with its registered office at Pt. Merce Rodoreda, 1, 08860, Castelldefels, Barcelona .
- EPICO and eventual other companies of the group and other companies that from time to time are part of the EPICO VIAJES S.L. group of companies (collectively “our”, “we”, “us” or “Epico”) provide you with booking services via our Booking Channels that facilitate transactions between you and Operators of the Products (as defined at clause 2 below).
- Save as otherwise required by law, we are appointed by Operators as their agent to act for and on their behalf in relation to your booking of a Product.
Therefore, when you book a Product your contract for the provision of the Product is directly between you and the Operator, and these Booking Terms and Conditions are your contract with us solely in respect of your use of our booking services via our Booking Channels.
For information, regarding when and how your contract is formed with the Operator, please see clause 3 below.
- These Booking Terms and Conditions do not affect any other legal rights that you may have. Your local Citizens Advice Bureau can give you help and advice about your consumer rights.
- We can change these Booking Terms and Conditions at any time, and this version of the Booking Terms and Conditions cancels and replaces all previous versions of our Booking Terms and Conditions. You will however only be bound by the Booking Terms and Conditions that you agreed to at the time of your booking.
- You must be at least 18 years old to make a booking and have legal capacity to be bound by these Booking Terms and Conditions.
- You acknowledge and agree that you have authority to act for or on behalf of, and to bind to any contract, any person included in a booking.
You should print a copy of these Booking Terms and Conditions or save them to your computer for future reference.
Definitions
“Booking Channels” means all of epico’s Product distribution channels (including, but not limited to, the Website, epico’s other websites, applications and customer services call centres);
“Booking Fees” means the fees (if any) we charge (per person or per booking, as applicable) for providing the booking services via our Booking Channels;
“Booking Terms and Conditions” means these General Terms and Conditions, the applicable Product Specific Terms and Conditions, our Website Terms of Use, our Privacy Policy and our Cookies Policy;
“Travel Experience” means the package of transportation, accommodation, guiding and any other services offered for a one per package price, individually chosen by you, on our Travel Experience booking path.
“Product” means a Travel Experience that is booked via any of our Booking Channels;
“Product Specific Terms and Conditions” means the booking terms and conditions that are specific to a Product; and
“Website” means https://epico.life/life or any domain name owned by us that diverts to www.epico.life however accessed (including, for the avoidance of doubt, when accessed via any computer, tablet or mobile device).
These definitions apply to these General Terms and Conditions and each of the Product Specific Terms and Conditions.
Formation of your contract with the Operator
- We act as agent for the Operators; when we display Operators’ Products on our Booking Channels, we are, on behalf of the Operator, inviting you to make an offer for their purchase.
- Your contract with the Operator for the Product is formed as follows:
- Once you have clicked “Pay Now with Card” at the shopping basket stage of the booking path or you confirm with the customer services representative that you would like to make a purchase, you have made an offer to purchase the Product from the Operator for whom we are acting as agent.
- We are authorized by each of the Operators to accept or reject your offer on their behalf.
- When you purchase a Product, acceptance of your offer occurs when we send you an email confirming your booking, on behalf of the Operator. It is at this point that a contract is formed between you and the Operator for the Products.
- All bookings are subject to availability. The Operators are requested to either confirm or reject a booking within the specified timeframe (which is generally within 24 to 48 hours of when the booking is requested, as determined by epico in its sole discretion) or the requested booking will be automatically cancelled.
- bis Travel Experience terms and conditions
Important Note: These terms and conditions apply to a Travel Experience booking only.
Your contract
- We provide you with booking services that facilitate the contract between you and the Travel Experience Operator. We are appointed by the Travel Experience Operator as their agent to act for and on their behalf in relation to your booking. Therefore, when you book a Travel Experience your contract for the provision of Travel Experience is directly between you and the Travel Experience Operator, and these Booking Terms and Conditions are your contract with us solely in respect of your use of our booking services via our Booking Channels. References to “Travel Experience Operator” means the Operator of any hotel, guesthouse, bed and breakfast, hostel, inn, apartment or other location providing accommodation services, and any aggregator or distributor of the same.
- For information about the terms of your contract with the Travel Experience Operator, please refer to the Travel Experience Operator’s website, epico’s booking page or your confirmation email.
The price and payment
- Travel Experience rates stated on our Booking Channels are inclusive of VAT (where applicable) and all fees, and are calculated on a ‘per person’ basis.
- Please note that Travel Experience rates do not include the following additional costs (where applicable):
- local city, tourist, resort or other taxes which need to be paid directly to the Travel Experience Operator; and
- unless otherwise stated, fees for supplementary services that may be offered by the Travel Experience Operator, including, but not limited to, supplements for extra people not included in the original booking; drinks and meals; phone calls; films; items from the mini-bar; and tips, which need to be paid directly to the Travel Experience Operator.
- Please note that we are not able to issue VAT invoices for your booking.
- According to Directive (EU) 2015/2302 the prices of Travel Experiences, as specified in the offer/booking information published on the Website, may be changed by the Operator up to 20 days prior to the date of departure, in the event that there are changes in:
- transportation costs, including fuel and insurance costs;
- exchange rates applied to the package holiday in question; and/or
- fees and taxes for certain types of tourism services such as charges, landing fees, disembarking or boarding fees in ports and airports.
- To calculate these changes, reference will be made to the standards chosen by the Operator as reported in its technical data.
- Any changes to the price of a Travel Experience may also be communicated after Operator’s confirmation of your booking request.
- Any request relating to the baggage will incur an extra cost specified before the payment transaction.
- Finally we inform you that the Operators work tirelessly to ensure that the Travel Experiences are as precise as possible and we do not make any errors or omissions on our Website. Nonetheless, epico may publish a price that is obviously erroneous. In these cases, when the Operator identifies an error in pricing published on the Website, it reserves the right to cancel the booking, including when it has already been confirmed. In these cases, Operator will notify you of the error and rectify the price on the Website as soon as possible.
On arrival
- Unless otherwise specified in your confirmation email, you must show your confirmation email and the payment card used to make the booking on arrival at the hotel.
- It is your responsibility to ensure that you have received your confirmation email. We are not liable if you do not receive your confirmation email due to circumstances reasonably outside of our control including, but not limited to the following: (i) you gave us an incorrect email address; (ii) your email settings won’t allow our email to reach you; or (iii) your email settings treat our email as spam.
Amendments, cancellations, no-shows and/or refunds
- If you wish, or the Travel Experience Operator wishes, to amend or cancel your Travel Experience booking for any reason, we will deal with the amendment or cancellation as agent on behalf of the Travel Experience Operator. Your eligibility for refunds or any other compensation sought will be subject to any cancellation policy applied by the Travel Experience Operator, in accordance with your contract. Details of your Travel Experience Operator’s cancellation policy are made available to you at the time of booking and in your confirmation email.
- Where authorised, we will pass any refunds or compensation we receive on to you.
- If, as a result, your booking is cancelled and a new booking is made, please note that payment for the new booking and (if due) any refund on the cancelled booking will be processed separately, and it may take a minimum of 5-10 working days for the refund to be processed.
Amendment/cancellation by you
- It is your responsibility to check the details of your booking. If you have made a mistake it cannot always be rectified after your booking has been confirmed.
- Amendments to your Travel Experience booking are not permitted. In order to make any changes to your original booking, it will be cancelled and a new booking made. We cannot guarantee that the original Travel Experience rates will be available for your new booking.
- Cancellation of an existing booking (regardless of whether a new booking is made) may be subject to an administration fee charged by the Travel Experience Operator (which may be equal to or greater than, the total amount of your booking).
- In addition, epico may charge an administration fee for changes to your booking. If the changes affect more than one person on the booking then we may charge an administration fee per person.
- Please note that Booking Fees and credit card fees are non-refundable.
Cancellation by us or the Travel Experience Operator
- In the unlikely event that the Travel Experience Operator cancels your booking, we will use reasonable efforts to contact you as soon as reasonably possible using the contact details you provided at the time of booking.
- If the Travel Experience Operator is unable to fulfill your booking and is unable to provide an alternative, your booking will be cancelled with a full refund. In these circumstances, we can assist you to make a new booking with an alternative Travel Experience Operator.
- If your booking is cancelled due to a pricing error, please refer to clause 4 of the General Terms and Conditions.
No-shows or late arrivals
- If you don’t show up or you arrive late, the Travel Experience Operator’s no show/late arrivals policy will apply.
If your Travel Experience is overbooked on arrival
- In the unlikely event that the Travel Experience is overbooked on arrival, we will not be liable. The Travel Experience Operator is responsible for finding you suitable alternative accommodation.
Pricing errors, accuracy of Website content, and changes to law
- We will endeavour to correct errors and omissions on the Website or elsewhere, and take appropriate action as soon as practicable after being notified of them.
- Neither we nor the Operator are under any obligation to honour bookings for Products where there is a pricing error, even if you have received a confirmation email.
- In these circumstances, we reserve the right to correct any pricing errors on the Website and to either offer you the opportunity to keep your booking at the correct price or cancel your booking without liability.
- Images and descriptions on the Website are provided by the Operator of the Product and are for illustrative purposes only, to give a general “feel” for the Product, and are not intended to be exact representations of the Product that you have booked.
- Save as otherwise stated in these Booking Terms and Conditions, in the event of any new laws or regulations resulting in any new, or increases to existing, taxes, charges or other fees, we reserve the right to pass on such amounts to you, whether or not your booking has been confirmed.
Promotional codes
The use of promotional codes as part of your booking (“Promo Code”) is subject to:
- the relevant terms and conditions applicable to the Promo Code;
- these Booking Terms and Conditions; and
- the terms and conditions of the Operator of the Product.
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Events outside our control
Save as otherwise required by law or provided in these Booking Terms and Conditions:
- we will use reasonable efforts to contact you as soon as reasonably possible using the contact details you provided at the time of booking; and
- our obligations under these Booking Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.We will not be liable for any failure to perform, or delay in performance of, any of our obligations under these Booking Terms and Conditions that is caused by an Event Outside Our Control.
- An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation: pandemic, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster (for example, a volcanic eruption or hurricane), or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under your contract with us:
- For the avoidance of doubt, Events Outside Our Control may also affect the Operator’s ability to provide a Product, or may affect your enjoyment of a Product. In these circumstances please check the Website for any travel information, take note of any travel warnings on government websites, and check your emails for any other information. If you have any concerns about your travel arrangements, please contact our customer services team, who will be working with the Operator to resolve any issues.
Privacy and cookies
Information regarding the way in which we process personal information and how cookies are used on the Website can be found in our Privacy Policy and our Cookies Policy.
Our liability
- Save as otherwise required by law or provided in these Booking Terms and Conditions, as a booking service Operator and the agent of the Operators, we are not liable for the provision of the Products or any failing in the provision thereof, and we are not, under any circumstances, liable for any act or omission of the Operator.
- If we breach these Booking Terms and Conditions, we will only be liable for any loss or damage you suffer to the extent that it was a direct and foreseeable result of our breach or our negligence. We are not liable for any loss or damage that is not direct or foreseeable.
Loss or damage is foreseeable if it was a natural consequence of our breach or negligence, or if it was contemplated by you and us at the time we entered into these Booking Terms and Conditions.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other limitation that is excluded by law from time to time.
- Our liability is reduced insofar as you receive any sums under a travel insurance policy.
Third party rights
These Booking Terms and Conditions are between you and us (and any other persons named on the booking). No other person shall have any rights to enforce these Booking Terms and Conditions.
Severance
If any court of competent authority finds that any clause of these Booking Terms and Conditions is invalid, illegal or unenforceable, that clause (or part thereof) shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other clauses of these Booking Terms and Conditions shall not be affected.
Waiver
- If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
- If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Applicable law
- These Booking Terms and Conditions are governed by English law and any dispute or claim arising out of or in connection with your booking will be governed by the laws of England and Wales.
- You agree that the courts of England and Wales will have jurisdiction to settle any dispute or claim arising out of or in connection with these Booking Terms and Conditions or their subject matter or formation.