BIRDAYTRIP is the trade-mark under which Luis Alberto Rodríguez San Antonio, (Tax Identification Number 25091174Z, Pje. Esperanto, 1 13ºD 29007 Málaga) markets his services. It is registered in the Andalusian Registry of Tourism with number Nº AT/MA/00164 and OCC/MA/00002 as an Environmental Tourism company for the organization of birdwatching trips.
These Terms and Conditions constitute the contract between BIRDAYTRIP and its clients.
Description of the activity
The activity consists on birdwatching at natural sites and its physical risks are limited to the walk through countryside paths with some steep slopes. For this purpose, the clients can be collected at an agreed upon meeting point for the transfer to the place where the activity is carried out, and back to the meeting point.
The place where the activity takes place is the one chosen by the client for the purpose.
We recommend the use of the appropriate shoes and clothing for a walk through the contryside, according to the season and the particular weather conditions. Any other special equipment is not required.
The practice of this activity does not require special knowledge, nor it implies any difficulty beyond the characteristics of the paths passed through.
Clients under-18 will always be accompanied by an adult (mother, father, or legal representative) or authorized in writing by any of them to participate in the activity.
Clients will book BIRDAYTRIP’s services by phone, e-mail or through our web site www.birdaytrip.com and provide the necessary information to identify them.
A reservation is made when the booking form and the 50% deposit have been confirmed in writing or e-mail by BIRDAYTRIP.
The balance for all bookings is due at least 30 days before the tour date. If the balance is not paid accordingly, we will regard your tour as being cancelled and keep the deposit as cancellation charge.
BIRDAYTRIP and the client agree to operate the tour as stated in our confirmation literature, which will act as the contract. The contract is deemed to have been made at Pje. Esperanto, 1 13ºD, Málaga 29007, Spain, and is therefore governed by Spanish law.
Terms of Service
The price of the tour includes: birding guide service, transport (optional) from and to the meeting point, use of binoculars per person, one telescope available per group, one bird guide in English available per group, public liability and accident insurance.
In case, on the date of the tour, the guides decide to cancel it due to weather conditions or any other problems outside our control (such as terrorist activity, riots, civil disorder, natural or nuclear disasters, epidemics, fires or strikes, among others) the clients will be informed and given the option to 1. postpone the tour to the closest available date, or 2. cancel the tour for a 90% refund.
Weather conditions can be the cause of cancellation when the visiting zone is under yellow type or superior alert according to the Agencia Estatal de Meteorología (Spanish National Meteorology Bureau, www.aemet.es) criteria.
When the tour is carried out under rain conditions, the use of telescopes will not be included in the price of the tour.
In case tours cannot be operated as agreed for causes only attributable to BIRDAYTRIP and they may necessitate change (in booked dates and/or itineraries), the clients will be informed and given the option to 1. accept the new arrangements, 2. suggest an alternative itinerary, if dates are available, with the client paying any additional sums or alternatively BIRDAYTRIP refunding the difference, or 3. cancelling the chosen holiday for a full refund.
BIRDAYTRIP has the right to modify at any moment, any contractual offer, constituted by the present terms and conditions, and the list of services and prices before entering into a contract with the client.
The clients hereby accept the publication of the photographs taken during the different activities on our webpage www.birdaytrip.com, www.facebook.com/Birdaytrip, www.pinterest.com/birdaytrip1 and on any other advertising media managed by BIRDAYTRIP, unless otherwise stated by the client in writing.
The client booking for himself and for other participants in the tour, commits to inform them about these Terms and Conditions, the features of the service, client’s commitments and cancellations policy.
Participants commit to abide by the general rules for environment protection, particularly:
- Not disturbing fauna and flora.
- Not leaving waste out of litter bins.
- Removing their own waste from places where this service is not available.
- Avoiding fire risk.
- Not producing disturbing noise.
Clients contracting BIRDAYTRIP services are conscious that they will carry out a physical tourist activity, and accept the risks inherent to the activity and the possibility of suffering fortuitous accidents in a natural environment.
Clients must follow the instructions given by the guides accompanying the group, as they are responsible for the direction of the group.
In case a client, or a number of clients, decide voluntarily not to follow the guides’ indications, neither the guides nor BIRDAYTRIP will be held responsible for whatever happens to them or for the results of their acts.
Clients commit to inform BIRDAYTRIP about any sort of illness or disability which may alter the normal carrying out of the tour.
The participant will take care of the equipment (binoculars, telescopes, bird guides) lent to carry out the activity and must give it all back at the end of the tour. The participant will be held responsible for loss or damages of the equipment.
BIRDAYTRIP will not be held responsible for any harm or damage attributable to any participant due to malfeasance, carelessness or oversight in the use of the resources, installations or environment with or in which the activities are carried out.
Participating in any of BIRDAYTRIP’s activities means the participant totally accepts these Terms and Conditions, which will be considered as the contract.
Cancellations can only be accepted in writing or by e-mail and takes effect on the date BIRDAYTRIP receives it.
In case the client cancelled the trip, payments will be reimbursed according to the following policy (percentages refer to the total amount of the trip):
- Cancellations received at least 14 days before the tour date will involve 80% refund.
- Cancellations received between the 14th and the 7th day (both days included) before the tour date will involve 50% refund.
- Cancellations received after the 7th day before the tour date will not mean any refund.
The client will not get any refund in case of not showing up or not being on time on the date of the tour.
BIRDAYTRIP has taken all reasonable steps to ensure that tours take place as advertised. Fauna and flora mentioned in our advertising are only a guide to what you might expect to see on the tour you have selected. Whilst many additional species will be seen, we are unlikely to see every species mentioned in our text. However, you should see a good proportion of them if you participate fully in the tour and show reasonable eyesight.
BIRDAYTRIP complies to render its services according to the current Tourism Rules and Regulations.
BIRDAYTRIP will accept liability as a direct result of our negligence or breach of contractual duties.
BIRDAYTRIP will accept liability for death, bodily injury or illness arising out of our proven negligence or that of our employees, provided they were acting in the scope of their jobs at the time.
If you have any complaints on tour, please notify the leader so that they can be addressed immediately. If this is not done to your satisfaction please notify us by writing or e-mail within the month of your return. We have complaint forms at your disposal.
Claims in respect of the above matters shall fall within the exclusive jurisdiction of the courts of Spain.
We do not accept liability for animal or snake bites, as we have no control over them.
BIRDAYTRIP is not responsible for loss, damage or theft of luggage, cameras, binoculars, telescopes and personal belongings
BIRDAYTRIP accepts no liability for personal injury, accidents, illness or death not attributable to our proven negligence or that of our employees, provided they were acting in the scope of their jobs at the time.
BIRDAYTRIP accepts no claims arising out of your own acts or omissions or those of a third party not connected with the provision of your tour. For your own protection it is highly advisable to have adequate insurance cover.
BIRDAYTRIP will not be held responsible for providing food and drinks to the clients unless otherwise indicated.
According to Law 15/1999 December 13th, for the Protection of Private Information, we inform you that any personal information you give us, will be included in a digital file for private information created and managed by BIRDAYTRIP.
The purpose of this file is to make booking procedures easier and, if you so authorize it, to send you commercial information about our products and services which may be of interest for you.