Last updated February 17th, 2023

1.– Ownership of the Web Page
Pursuant to article 10 of Law 34/2002, July 11, on Information Society Services and Electronic Commerce (‘LSSI’) and the Royal Decree-Law 23/2018 of December 21, 2018, on the Transposition of Directives in the field of Trademarks, Rail Transport and Package Travel and Related Travel Services, the website kratons.com (‘Website’ or ‘Portal’) belong to and is operated by Kratons Travel S.L. (‘KRATONS’), with ID number B72875909, registered at Calle Doña Romera, 32 – 28901 Getafe (Spain), registered in the Registry of Tourism Companies of the General Department of Tourism of the Community of Madrid, as holder of the CICMA number 4212, whose office is located at Gran Vía, 43-10 – 28013 Madrid (Spain).

2.– Use of the Website
The present disclaimer (‘Disclaimer’) establishes the conditions that govern the use of the services of the information society which KRATONS puts at the disposal of users through the Portal. The aspects relating to the treatment of the personal data of users that navigate the Website are regulated in the Privacy Policy.

The access and use of the Website assumes that the User of the Portal (‘User’) fully accepts and undertakes to fully comply with the present Disclaimer and the Privacy Policy, as well as the instructions or recommendations for each specific case. 

Access to the Website is free, except with regard to the cost of the Internet connection through the User’s access provider. 

KRATONS reserves the right to carry out, at any time and without prior notice, modifications and updates of the Website and its contents, configuration and presentation, including this Disclaimer. We recommend reading this before each access to and navigation of the Portal. 

The User agrees not to use the Website for fraudulent purposes, and not to carry out any conduct that could damage the image, interests and rights of KRATONS or third parties, with the commitment to use the Portal, and the services and contents included, in a diligent, correct and lawful manner. In particular, the User agrees to refrain from: deleting, ignoring or manipulating the ‘copyright’ and other identifying data of the rights of the copyright owners incorporated into the contents of the Portal, as well as the technical protection measures, or any reporting mechanisms that might include such content. Furthermore, the User agrees not to take any action that damages, destroys or overloads the Website, or prevent, in any way, the normal use and operation of the Website.

The failure to comply with this Disclaimer, or in the event that KRATONS reasonably suspects that there has been a breach, KRATONS reserves the right to restrict, suspend or terminate that User´s access to the Website, adopting any technical measures necessary to that end. Likewise, KRATONS reserves the right to decide, at any time, on the continuity of the services provided through the Portal. 

3.– Intellectual and Industrial Property
The intellectual property rights on content layout of the Website (including sui generis rights on the database), graphic design (look & feel), distinctive features (trademarks and trade names), the underlying computer programs (including source codes), as well as the different elements making up the Portal (texts, graphics, photographs, videos, etc.) belong to KRATONS, or KRATONS has the right to use and exploit them, and in this sense constitute works protected by the intellectual and industrial property legislation in force.

The use of the Website does not in any way involve the transfer of KRATONS intellectual and/or industrial property rights in the Portal, its contents and/or distinctive features of KRATONS. To this effect, by means of this Disclaimer, except in those cases where it is legally permitted, the User is expressively forbidden from the reproduction, transformation, distribution, public communication, making available, extraction and/or reuse of the Website, its contents or the distinctive features of KRATONS.

The reproduction of elements or contents on the Website with the aim of profiting or for commercial purposes is expressly and strictly prohibited. 

4.– Limitations of Liability
The User acknowledges and accepts that the use of the Website is carried out at all times entirely under their risk and responsibility. KRATONS is not responsible for the misuse or abuse made of the Portal. For this purpose, KRATONS will only be liable for damages that the User may suffer from the use of the Website when those damages are governed by legislation in force. 

In particular, KRATONS will not be responsible for:

–The content of the websites accessed through the links included on the Website. In this regard, the terms set out in section 5 of the present Disclaimer will apply. 

– Damages of any kind caused to the computer equipment of the User caused by viruses, worms, Trojans or other harmful elements. The User acknowledges that the use of the Internet entails the assumption of a risk that their computer equipment may be affected by the elements listed above. For this purpose, the availability of the adequate tools for the detection and removal of malicious electronic programs is under the responsibility of the User. 

– Damages of any kind produced to the User that cause malfunctions or disconnection of telecommunications networks that lead to the suspension, cancellation or interruption of the service of the Website prior to or during the Website´s use. In this regard, the User acknowledges that access to the Portal requires services provided by third parties outside the control of KRATONS (for example: operators of telecommunications networks, access providers, etc.) whose reliability, quality, continuity and operation does not correspond to KRATONS. 

The addition of content to the Website does not constitute, in any manner, the provision of a legal service. The User acknowledges that the application of the law to specific cases is not automatic, but varies according to the circumstances of each case; the information found in the contents of the Website is insufficient for decision-making of any nature. Therefore, the information contained on the Website cannot be considered an alternative to legal advice, and KRATONS discourages the user make decisions on the basis of the information contained in the contents of the Website without obtaining proper professional advice. 

5.– Links 
The Website may include links that allow the User to access other pages and Internet portals (‘Linked Sites’). To this end, KRATONS acts as a provider of intermediary services in accordance with article 17 of the LSSI, and will only be responsible for the content and services provided on the Linked Sites to the extent of their knowledge of wrongfulness and failure to deactivate the link exercising due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, please inform KRATONS through info@kratons.com/en. In no way will this communication constitute an obligation to remove the link. 

The existence of Linked Sites does not in any way imply that KRATONS has effective knowledge of any of the services and contents of those websites in the case of illegality, or has necessarily maintained agreements with the managers or owners of the Linked Sites. Likewise, Linked Sites do not imply the existence of a recommendation, promotion, identification or KRATONS conformity with the statements, content or services provided on the Linked Sites. As a result, KRATONS is not responsible for the content of the Linked Sites or their terms of use and privacy policies, and the User is responsible for checking and accepting them each time the User accesses and uses the Linked Sites.

The User and, in general, any natural or legal person who intends to establish a link from their website to the Portal, must obtain prior permission in writing from KRATONS. The establishment of such link does not imply the existence of a relationship between KRATONS and the owner or proprietor of website, nor the acceptance or approval by KRATONS of its contents or services. 

In any case, KRATONS reserves the right to prohibit or disable at any time the links to the Website, especially in the case of wrongfulness of the activity or contents of the Linked Site.

6.– Frames
KRATONS expressly prohibits the carrying out of “framings” or use by third parties of any other mechanisms which alter the design, original configuration or contents of its Website.

7.– Cancellation policy
As KRATONS will have incurred the majority of its costs before the trip starts, we need to impose cancellation charges to cover these costs.

Any party may cancel their booking at any time providing that they communicate the cancellation in writing to KRATONS. Postponing or rescheduling of a trip is considered on a case-by-case basis but is in no way guaranteed. Postponing or rescheduling of a trip is subject to the cancellation charges below. No refund for unused portions of the trip, cancellations made after the trip has begun or early departures for any reason.

Deposits are non-refundable. If you cancel your booking, we will impose cancellation charges as follows:

• 30% non-refundable deposit due at the time of confirmation
• 60 – 46 days prior to arrival: 50% of the total trip cost will be charged + nonrefundable expenses 
• 45 – 31 days prior to arrival: 75% of the total trip cost will be charged + nonrefundable expenses
• 30 days or less prior to arrival: 100% of the total trip cost will be charged

(*) Should any traveler cancel, trip cost will vary accordingly and will incur additional costs for the remaining travelers. 
(*) In case of cancellation of non-refundable prepaid expenses associated to the trip such as tickets or fast track entrance fees to sites, shows, experiences or transport that require advance-purchase, 100% cancellation fee may apply. 
(*) Refunds may be subject to processing fees including (but not limited to) wire transfer sending or receiving fees and credit card payment fees.
(*) Tailor-made tours may be subject to alternative cancellation terms, which will be communicated to applicable Clients at the time of booking.

UNFORESEEN CIRCUMSTANCES

Although KRATONS will make every effort to adhere to the itinerary, on rare occasions it may be necessary to make an adjustment to these arrangements. Should such adjustment be necessary, a substitute will be offered when and where possible. If any unusual, unforeseeable or extraordinary circumstances beyond our control, including (but not limited to) war, riots, terrorism, fire, natural disaster, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, plagues, epidemics and acts of state or governmental action prohibiting or impeding any party from performing its respective obligations under the contract (travel restrictions, quarantines, trade embargoes, closure of airports or seaports and borders) or any other event outside the control of KRATONS which affects the holiday arrangements, KRATONS cannot accept liability for any resulting loss, damage or expense and any refund will be subject to deduction of applicable expenses. In case of force majeure and we need to cancel any travel arrangements, KRATONS has the right to retain funds paid, to delay the delivery of the services or end the legal contract without legal intervention by informing of this in writing. Clients are not entitled to any damages unless this would be unacceptable according to measures of reason and fairness given the circumstances.

8.– Payment terms
Unless otherwise specified, 30% of total cost of the trip is requested as deposit to confirm the booking, and this deposit will be used to prepay any services that require advance payment. Should cost of services requiring prepayment exceed 30% of the total trip cost, KRATONS may require a higher deposit to cover these payments. All services and itineraries, unless otherwise advised, should be prepaid fully 30 days before arrival. If bookings are made within 50 days of departure, full payment must be received immediately to secure and confirm a booking. For bookings 2,000 USD or less full payment is mandatory at time of booking. If other arrangements are required, KRATONS will consider them on a case-by-case basis. If payments are not made in a timely manner, KRATONS reserves the right to refuse to confirm the booking, or to impose a last minute reasonable fee to cover costs. Bookings including tickets only may include other fees.

Services will not be booked until payment has been made and providers have confirmed their availability. The failure or delay in receiving the payment of the price of the trip, will authorize KRATONS to cancel the reservations with the corresponding Tourist Service Providers, without any liability for KRATONS.

9.– Applicable law and jurisdiction
The use of the Website is governed and interpreted in accordance with Spanish law and by using the Portal the User is indicating their agreement that any dispute or litigation arising between the User and KRATONS will be treated by the courts and tribunals in accordance with the applicable legislation. Spanish law will be the law applicable in the event of any dispute or conflict in the interpretation of the terms comprising this Legal Notice, together with any issue relating to the services of this Website.

In order to resolve any conflict that may arise through visiting the Website or through use of the services offered therein, KRATONS and the User agree to submit themselves to the Judge and Tribunals corresponding to the User’s home address, as long as this is located within Spanish territory.

10.– Miscellaneous
If any provision of this Legal Notice is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of them. The failure of either Party to partially or fully exercise any right shall not prevent the subsequent exercise of such right. The waiver by either party of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term. In the event that a provision contained in this Legal Notice is declared void, KRATONS will remove or replace that provision. The declaration of invalidity of a provision does not affect the validity of the remaining provisions contained in this Legal Notice.