Terms and Conditions of Use

The access, navigation and use of the website www.europ-assistance.es(hereinafter, the "Website") implies the express and unreserved acceptance of all the terms of these conditions of use, having the same validity and effectiveness as any written and signed contract.

Their observance and compliance shall be enforceable with respect to any person accessing, browsing or using the Web Site. If you do not agree with the above terms, do not access, browse or use any page of the Web Site.

1. Identification

• Owner: Europ Assistance, S.A. Sucursal en España (hereinafter, "EUROP ASSISTANCE").
• Registered office: Paseo de la Castellana 130, 28046, Madrid.
• TAX IDENTIFICATION NUMBER:W-2504100-E
• Telephone: 91 514 37 99
• E-mail:atencion_cliente@europ-assistance.es

2. Object

This document establishes the conditions of use of the web site and the contracting conditions that will regulate the acquisition by the users of any of the products and/or services offered through the Web Site.

Any issue not expressly foreseen in the present Contracting Conditions shall be understood to be reserved to EUROP ASSISTANCE, without prejudice to the application of the provisions of the current regulations.

EUROP ASSISTANCE reserves the right to carry out modifications and/or updates to the conditions governing this contract, of which the customer will be previously informed for acceptance or rejection in case they are substantial. In any case, the user shall be deemed to expressly accept such modifications or updates if he/she places a new order through the Website.

If accepted by the user, the modification and entry into force of the new contract will fully replace the conditions in force between the parties to take effect in new orders requested by the customer from the date of acceptance of the new conditions.

The marking of the corresponding box in the contracting process, as well as the fact of following telematically all the steps of the same one, supposes the express acceptance of the present Conditions of Contracting on the part of the user, having the same validity that the face-to-face signature of the same one. In this way, the user acknowledges being a person with sufficient capacity to acquire the obligations arising from their actions through the Website, which has previously read and understands its contents.

In any case, in order to contract with EUROP ASSISTANCE , the user must be of legal age (≥ eighteen (18) years old).

The whole contracting process will be carried out in Spanish language.

3. Website operation

The Web Site is a platform through which a wide variety of products and services are made available to the users, which they can acquire through the Web Site itself.

All communications with the user by EUROP ASSISTANCE will be made electronically.

3.1 PURCHASE PROCEDURE

The procedure for contracting the products and/or services offered is carried out completely electronically through the Website. Any person with Internet access may carry out the purchase, being all the products and services offered through the Web Site publicly accessible, without any restriction whatsoever for their visualization.

The complete procedure to be followed by all users who wish to purchase any of the products offered through the Website shall be as follows:

1. Once the user has accessed the Website, he/she must select those products and/or services that interest him/her, being very important to review their descriptions, as well as their characteristics, conditions, delivery terms and final prices.
2. Once you have selected the product you are interested in, you will be asked for a series of data necessary for the calculation of the specific price for the user according to their particular conditions.
3. Based on the data provided, different types of products (depending on their coverage) and the price of each one of them will be calculated. It is essential that the user reviews the coverage and characteristics of each one of them, before choosing the product he/she wishes to contract.
4. Once the product to be contracted has been selected, the user must identify himself/herself and provide the necessary data to formalize the contracting of the corresponding product. If the user is already registered, he/she must log in.
5. Then, the user will have to start the electronic purchase process, for which he/she will only have to select the "Buy" button. If the user decides to continue with the purchase, he/she must read and expressly accept the Privacy Policy of the Web Site and the Conditions of Use and Contracting, by checking the corresponding boxes.
6. Finally, the user will only have to enter the desired payment method among those offered by EUROP ASSISTANCE on the Web Site, among which are the following: payment by credit card and direct debit. At no time EUROP ASSISTANCE will have access to your bank details, being these directly managed by the corresponding banks in our payment gateway.
7. Once the purchase is completed, a confirmation email will be sent to the user to the email address indicated by him/her, as well as, if requested by checking the corresponding check box, in SMS with the confirmation of the policy.
8. The aforementioned email will describe the contracted policy, its characteristics, as well as its coverage and limits. This document will serve as accreditation for any type of claim. In case you do not receive this e-mail, please check your "junk mail" or "spam" folder and, if you do not find it in this section, please inform us as soon as possible so that we can solve the problem.
9. The user will be able to find all the information of his order, as well as of all the orders he has previously placed, in his private area of the Web Site, where, after identifying himself, he will be able to see the contracted product, its characteristics and coverage.

4. User registration

Under no circumstances EUROP ASSISTANCE will be responsible for the veracity of the registration data provided by the users, so each one of them is responsible for the possible consequences, errors and failures that may subsequently arise from the lack of quality of the data.

All the prices of the products that are indicated when calculating the price of the same ones, are of public access, without need to be registered as user.

All prices shown are final prices, including commissions, charges, expenses and taxes, including, among others, Value Added Tax (VAT). In any case, EUROP ASSISTANCE reserves the right to modify the price in the event that the data provided by the user for the calculation of the price are not true, real or correct.

5.2.2 Payment and invoicing

Once the user has made the purchase and paid the corresponding payment through any of the payment methods made available to users by EUROP ASSISTANCE, EUROP ASSISTANCE will send the user an email containing all the information related to the product purchased, its characteristics and conditions applicable to it, including coverage and limits.

In any case, the payment of economic amounts through Internet will be made through the platform provided by an external financial entity, which in any case will be hosted in a web site under SSL secure protocol. For your identification, please confirm that the web address of the page from which you are going to make the payment begins with https://.

In any case, the purchase will only be effective when EUROP ASSISTANCE receives confirmation of payment from the bank owning the secure payment gateway. If the transaction is denied for any reason by such entity, or the full amount corresponding to the amount of the order (including surcharges for handling fees and bank transfer fees) is not provided, the order will be suspended, informing the user that the transaction has not been finalized.

The registered user will have available through the private area the information related to the products purchased in force.

By accepting these Terms and Conditions, the user expressly agrees to receive the invoice electronically. Once the user requests the invoice, EUROP ASSISTANCE will send within 5 working days the electronic invoice to the e-mail address provided through the user account. If the user wishes to receive the invoice on paper, he/she can contact EUROP ASSISTANCE indicating the postal address to which the invoice should be sent.

In accordance with the legislation in force, EUROP ASSISTANCE cannot subsequently modify the invoicing of the sales made. Therefore, the invoice will be issued in the name of the natural person placing the order, so the user must make sure to place the order in the correct name, not being able to issue duplicate invoices to send them to third parties, nor can these be issued after the warranty period has elapsed.

6. Warranties and right of withdrawal

6.1 RIGHT OF WITHDRAWAL

In cases where the user has purchased several products, it will be possible to exercise the right of withdrawal on any or some of these products, EUROP ASSISTANCE will refund the amounts paid by the user on those products on which the right of withdrawal has been exercised, always within fourteen (14) calendar days from the time each of them was purchased.

The user who wishes to exercise his right of withdrawal on the purchase made, must in any case follow the following steps:

1. The user must inform EUROP ASSISTANCE of his desire to exercise his right of withdrawal through any of thecustomer service channels, by filling out the right of withdrawal form that will be provided.
2. Once we have received the request to exercise the right of withdrawal, we will send an e-mail to the user confirming that we have received the request. Subsequently, we will proceed to refund the amount paid within a maximum period of 14 days from the time of receipt of the request for the right. In any case, the payment of the economic amounts will be made through the means used by the user to make the initial payment, unless the user states otherwise, in which case it may incur additional costs.

The user shall not have the right of withdrawal provided that, in accordance with Article 103 paragraph 1) of Royal Decree Law 1/2007, the service has been fully executed or its execution has already begun.

6.2 GUARANTEES IN RELATION TO THE PRODUCT

In the event that, during the provision of the services included in the product contracted by the user, he/she has any doubt or mishap with the same, as well as with the coverage included in the same, please contact immediately thecustomer service department, where any doubts in this regard will be resolved or an attempt will be made to resolve the problems raised.

Likewise, at any time during the contractual relationship, the user or consumer shall have the right, upon request, to obtain the contractual conditions on paper.

6.3 LIABILITY OF EUROP ASSISTANCE

EUROP ASSISTANCE undertakes to ensure that the contents, data or information related to the products offered in its Web Site are reliable, truthful and accurate, being responsible for the prices and characteristics advertised. However, EUROP ASSISTANCE will not be responsible for any information that has been introduced, shown or modified by third parties not related to EUROP ASSISTANCE. We always ensure that the description of the products is as close as possible to reality.

6.4 CUSTOMER SERVICE

EUROP ASSISTANCE, as responsible for the Website and in charge of the marketing and sale of the products and services offered through it, provides users with a customer service, available from Monday to Sunday, from 9:00 to 21:00, where due attention will be given to all queries and suggestions raised in connection with the purchase of products through the Website.

Specifically, the means of contact made available to users are as follows:

• Telephone: [91 514 37 99].
• E-mail:atencion_cliente@europ-assistance.es
• Postal address: Paseo de la Castellana 130, 28046, Madrid.

In case you wish to report a claim, we refer you to: https://ea.eclaims.europ-assistance.com/

7. Responsibilities

The parties undertake to comply with their legal and contractual obligations under this contract. If one party fails to comply with any of its obligations or hinders the other party's compliance with its obligations, the other party shall be entitled to claim compensation for damages caused, both for consequential damages and loss of profit.

The parties shall be liable for the breaches in which they have personally incurred, and the other party shall be indemnified against any error, fault or negligence not attributable to it, and any damage arising from such breaches or errors attributable to the other contracting party.

EUROP ASSISTANCE shall not be liable in case of impossibility to provide the service when this is due to force majeure, theft or loss, or error in the order or data provided by the user. However, in such cases, EUROP ASSISTANCE will immediately contact the user in order to find the best solution to the case.

Likewise, EUROP ASSISTANCE focuses on the sale of the products offered through the Web Site. For more information regarding these guarantees, please review section 6 ("Guarantees and right of withdrawal") of the present Contracting Conditions.

EUROP ASSISTANCE shall use its commercial and technical best efforts to keep its services available through the Web Site, which is an obligation that, however, shall not apply to any lack of availability or performance caused by:

1. Temporary inactivity of the Website due to updating and/or technical maintenance, of which EUROP ASSISTANCE will be previously informed by publication on the Website itself within a maximum period of 48 hours, provided that they are known or communicated to EUROP ASSISTANCE with a period of notice longer than the indicated;
2. Causes beyond the control of EUROP ASSISTANCE : force majeure, Internet access problems, technological problems beyond the diligent and reasonable management of the Website owner, actions or omissions of third parties, etc.

In all the above mentioned cases, beyond the control and due diligence of the owner, EUROP ASSISTANCE will not be liable to compensate the user for loss of profit, damages or losses.

In the event of closure or suspension of the Web Site for reasons beyond the control of the parties, the user will be promptly informed of the transfer of the service to a new domain, modifying only the provisions of this contract in relation to the domain in which the Web Site remains active.

8. Unauthorized Uses

EUROP ASSISTANCE reserves the right to cancel the user's account on the Web Site, and may proceed to the termination of this contract. In particular, the cancellation as user may be carried out in case of detecting the breach of any of the contractual obligations contracted in this act, as well as in case of observing a use of the Web Site and/or the account contrary to the terms contained in the Terms of Use and/or in the Privacy Policy of the Web Site, as well as in the good faith uses accepted in the sector.

In this regard, the user agrees to:

1. Not to use the Web Site or any of the elements that integrate it to develop timesharing operations, to become a software application service provider to the extent that they were oriented to make possible the access of third parties to the Web Site or to any of its components, through rental operations, administrative services or any other of analogous consideration, sharing them or making them available to third parties.
2. Not to submit the Web Site or any of its elements to activities that lead, directly or indirectly, to the decompilation of its software, that imply its submission to operations of inverse nature to those that determined its construction or that, ultimately, constitute or may constitute operations of regressive or inverse engineering, decompilation or disassembly. Nothing in these Terms and Conditions shall be construed as authorizing access to the source code of the Website.
3. Not to publish the Website, nor to use it as a system for the management and exchange of illegal information and/or documentation, contrary to morality or public order, contrary to copyright and/or industrial property rights.
4. Not to subject the Website to workloads that are clearly aimed at destabilizing it, including denial of service attacks (DDoS) or similar situations. If this type of situation is detected, the service level indicated above will not apply and will be considered an emergency situation.
5. Not to perform acts of reverse engineering, taking of requirements and other activities aimed at developing an online platform identical or similar to the Website made available by EUROP ASSISTANCE, being this activity considered as an act of unfair competition and violation of intellectual and industrial property rights that EUROP ASSISTANCE holds on the Website.
6. Not to translate, adapt, improve, transform, correct the Web Site or any of the elements that integrate it, or in any other way modify it, not being able to incorporate the Web Site to other software or platforms provided by EUROP ASSISTANCE or third parties.
7. Not to remove, delete, alter, manipulate, or in any way modify those notes, legends, indications or symbols that EUROP ASSISTANCE, as legitimate holder of the rights, incorporates to its intellectual or industrial property properties (such as, for example, copyright, ©, ® and TM, etc.) either in the Website itself or in the associated material.
8. To inform EUROP ASSISTANCE of any event or situation that may have occurred that could jeopardize the security of the access by authorized users.
9. It is forbidden to force failures or look for security breaches in the Website.

10. Safeguard clause

All the clauses or ends of the present contract must be interpreted in an independent and autonomous way, not being affected the rest of stipulations in case that one of them has been declared null by judicial sentence or firm arbitral resolution. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the Website's Terms and Conditions of Contract.

11. Dispute resolution

For any litigious matter related to this Web Site or any of those that depend on it, and whenever the legislation so permits, the Spanish legislation in force at the time of the litigation shall be applicable, being competent for the resolution of all conflicts derived or related to the use of this Web Site the Courts and Tribunals of EUROP ASSISTANCE , Spain, and, if applicable, the consumer Arbitration Courts or similar to which we are adhered at the time of the controversy.

To file claims in the use of our services, you may contact us by mail to the electronic or physical address indicated in the "Identification" section, committing ourselves to seek at all times an amicable solution to the conflict.