Terms & Conditions

General Conditions Of Combined Travel

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The incorporation of the general conditions into the contract must be carried out in accordance with the provisions of the current legal regulation, so that they will only become part of the combined travel contract if the agency has informed the traveler of their existence and had given him a copy of the same prior to the conclusion of the combined travel contract.

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The contractual document must refer to the incorporated general conditions and will be signed by all contracting parties.

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This model of general conditions will be subject to periodic review to adjust them to the legislative and jurisprudential development in this matter.

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General Conditions of the Combined Travel Contract

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a) Hiring the combined trip

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1. Pre-contractual information

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2. Before the traveler becomes bound by any combined travel contract or corresponding offer, the organizing agency or, where applicable, the retail agency, will deliver to the traveler the standardized information form for combined travel contracts, as like the rest of the characteristics and information of the trip in accordance with what is established by current legislation.

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3. People with reduced mobility who wish to receive precise information about the suitability of the trip according to their special needs, in order to assess the possibility and feasibility of contracting the trip according to the characteristics of the same, must put to the knowledge of the organizing agency or, where appropriate, of the retail agency, this situation so that they can be provided with information for that purpose.

According to the provisions of EC Regulation 1107/2006, a person with reduced mobility is understood as any person whose mobility to participate in the trip is reduced due to physical disability (sensory or locomotor, permanent or temporary), disability or intellectual deficiency, or any other cause of disability, or due to age, and the situation requires adequate attention and adaptation to their particular needs of the service made available to the rest of the participants in the trip.

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4. The pre-contractual information provided to the traveler in accordance with sections a), c), d), e) ig) of article 153.1 of Royal Legislative Decree 1/2007, will form an integral part of the combined travel contract and not will be modified unless the travel agency and the traveler expressly agree. The organizing agency and, where applicable, the retail agency, before the combined travel contract is concluded, must communicate to the traveler in a clear, comprehensible and prominent way, all changes to the pre-contractual information.

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2. Information on provisions applicable to passports, visas and vaccines

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1. The agency has the duty to inform about the health formalities necessary for the trip and stay, as well as about the conditions applicable to travellers in terms of passports and visas, including the approximate time for obtaining the visas, and will be responsible for the correction of the information provided.

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2. The traveler must obtain the necessary documentation to make the trip, including the passport and visas and that related to the health formalities. All damages that may arise from the lack of this documentation will be on your account, and in particular, the expenses incurred by the interruption of the trip and its eventual repatriation.

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3. If the agency accepts the traveler's task of processing the necessary visas for any of the destinations planned in the itinerary, it may demand the collection of the cost of the visa as well as the management costs for the procedures that must be carried out before the corresponding diplomatic or consular representation.

In this case, the agency will be responsible for the damages attributable to it.

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3. Reservation request

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1. The traveler who wishes to contract a combined trip makes a "booking request". After this request, the retail agency or, as the case may be, the organizing agency, undertake to carry out the appropriate procedures to obtain confirmation of the reservation.

2. If the traveler requests the preparation of a proposal for a tailor-made combined trip, the agency may require the payment of an amount for the preparation of the project. If the traveler accepts the combined travel offer drawn up by the agency, the sum paid will be charged to the price of the trip.

3. If the agency has agreed to manage the reservation, it will be responsible for technical errors that occur in the reservation system that are attributable to it and for errors made during the reservation process.

4. The agency will not be responsible for booking errors attributable to the traveler or caused by unavoidable and extraordinary circumstances.

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4. Confirmation of the reservation

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The completion of the combined travel contract occurs with the confirmation of the reservation. From this moment on, the combined travel contract is binding for both parties.

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5. Payment schedule

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1. At the time of confirmation of the reservation, the consumer must pay 50% of the price of the combined trip, unless a different amount is established in the combined trip contract.

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2. Payment of the remaining price must be made no later than 60 days before departure, unless a different payment schedule is established in the combined travel contract.

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3. If the traveler does not comply with the payment schedule, the agency may terminate the contract and apply the rules established for the termination of the trip by the traveler before departure provided for in Clause 13.

b) Rules applicable to the benefits of the combined trip

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6. Benefits

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The benefits that make up the combined travel contract result from the information provided to the consumer in the pre-contractual information and will not be modified except if the travel agency and the traveler expressly agree as provided in clause 1.3.

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In advance of the start of the trip, the travel agency will provide the traveler with the receipts, vouchers and tickets necessary for the provision of services.

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7. Accommodation

Unless otherwise indicated in the pre-contractual information or the particular conditions of the contract:

a) In relation to those countries in which there is an official classification of hotel establishments or any other type of accommodation, the brochure includes the tourist classification given to the corresponding country.

b) The occupancy hours of the rooms depend on the rules established in each country and accommodation.

c) Triple or quadruple rooms or cabins are generally double rooms to which one or two beds are added, which are usually a sofa bed or a folding bed, except in certain establishments where two are used instead of additional beds bigger beds

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8. Transport

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1. The traveler must present himself at the place indicated for departure with the advance indicated by the travel agency.

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2. The loss or damage that occurs in relation to hand luggage or other items that the traveler carries with him will be at his sole risk and expense while they are in the traveler's custody.

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9. Other services

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1. As a general rule, the full board regime includes continental breakfast, lunch, dinner and accommodation. Half board, unless otherwise stated, includes continental breakfast, dinner and accommodation. As a general rule, these meals do not include drinks.

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2. Special diets (vegetarian or special regimes) are only guaranteed if they correspond to the special needs accepted by the organizer in the combined travel contract.

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3. The presence of pets will only be accepted if this is stated in the special needs accepted by the organizer in the combined travel contract.

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c) Rights and obligations of the parties before the start of the trip

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10. Modification of the contract

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1. The organizing agency may only modify the clauses of the contract before the start of the trip if the change is insignificant and the organizing agency itself or, where applicable, the retail agency, inform the traveler of this change in lasting support clearly, comprehensibly and prominently.

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2. If before the start of the trip the organizing agency is forced to make substantial changes to any of the main characteristics of the trip services or cannot comply with any special requirement of the traveler previously accepted, the organizing agency or , if applicable, the retail agency will notify the traveler without delay, in a clear, comprehensible and prominent way, in durable support and the communication must contain:

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• The proposed substantial modifications and, if applicable, their impact on the price;

• A reasonable period for the traveler to inform of his decision;

• The indication that if the traveler does not communicate the decision within the indicated period, it will be understood that he rejects the substantial modification and that, therefore, he chooses to terminate the contract without any penalty; i

• If the agency can offer it, the substitute combined trip offered and its price.

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The traveler can choose between accepting the proposed modification or terminating the contract without penalty. If the traveler chooses to terminate the contract, he can accept a substitute combined trip that, if applicable, is offered by the organizing agency or the retail agency. This substitute trip must, if possible, be of equivalent or higher quality.

If the modification of the contract or the substitute trip results in a trip of lower quality or cost, the traveler will be entitled to an appropriate price reduction.

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11. Price review

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1. Prices may only be increased by the agency up to 20 calendar days prior to departure. In addition, this increase can only be carried out to adjust the amount of the price of the trip to the variations:

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a) Of the currency exchange rates applicable to the organized trip.

b) The price of passenger transport derived from fuel or other forms of energy.

c) The level of taxes or fees on the travel services included in the contract, required by third parties who are not directly involved in the execution of the combined trip, including tourist, landing and boarding fees, taxes and surcharges or landing in ports and airports.

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1.  The contract will indicate the date on which the concepts set out in the previous section have been calculated so that the traveler is aware of the reference for calculating price revisions.

2.  The organizing agency or, where applicable, the retail agency will notify the traveler of the increase, in a clear and comprehensible way, with a justification for this increase and will provide him with its calculation in durable support no later than 20 days before the start of the journey.

3. Only in the event that the price increase represents an increase of more than 8% of the price of the trip, the traveler will be able to terminate the contract without penalty. In this case, the provisions of Clause 10 are applicable.

4. The traveler will have the right to a reduction in the price of the trip due to variations in the concepts detailed in sections a), b) and c) of Clause 11.1. In these cases, the organizing agency and, where appropriate, the retail agency, will deduct the actual administrative costs of reimbursement to the traveler from this price reduction.

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12. Transfer of reservation

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1. The traveler may transfer his reservation to a person who meets all the conditions required in the brochure, program or offer of a combined trip and in the contract, to carry out the combined trip.

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2. The assignment must be communicated, in durable support, to the organizing agency or, where applicable, to the retail agency, with a minimum of 7 calendar days before the start date of the trip, the which will only be able to pass on to the traveler the costs actually incurred due to the assignment.

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3. In any case, the traveler and the person to whom he has assigned the reservation are jointly and severally liable to the agency for the payment of the rest of the price, as well as any commission, surcharge and other additional costs that may have caused the assignment.

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13. Cancellation of the trip by the traveller before the departure of the trip

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1.The traveler may terminate the contract at any time prior to the start of the trip and in this case, the organizing agency or, where applicable, the retail agency, may require him to pay an appropriate and justifiable penalty . The contract may specify a standard penalty that is reasonable based on the advance of the termination of the contract with respect to the start of the trip and on the cost savings and expected income from the alternative use of travel services.

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2. Preferred Insurance Provider: Please refer to our preferred insurance provider for their specific cancellation policy details beyond the cooling-off period. The preferred insurance provider will handle cancellation requests in accordance with their terms and conditions.

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14. Trip cancellation by the organizer before the departure of the trip

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If the organizing agency or, as the case may be, the retail agency, cancel the contract for reasons not attributable to the traveller, they must refund all the payments made by the traveler within a period not exceeding 14 calendar days from the termination of the contract. The agency will not be liable to pay any additional compensation to the traveler if the cancellation is due to:

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a) The number of people registered for the combined trip is less than the minimum number specified in the contract and the organizing agency, or, where applicable, the retail agency, notify the traveler of the cancellation within the period set in same, which at the latest will be of:

• 20 days before the start in case of trips lasting more than 6 days.

• 7 days on trips of between 2 and 6 days.

• 48 hours on trips of less than 2 days.

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b) The organizer finds it impossible to execute the contract due to unavoidable and extraordinary circumstances and the cancellation is notified to the traveller without undue delay before the start of the combined trip.

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15. Withdrawal before the start of the trip in contracts concluded outside the establishment

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In the case of contracts concluded outside the establishment (understood as such those defined in article 92.2 of the Royal Legislative Decree 1/2007), the traveler may withdraw from the contracted trip for any reason and without penalty, with the right a refund of the price paid for the trip, within 14 days following the conclusion of the contract.

d) Rights and obligations of the parties after the start of the trip

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16. Duty to communicate any non-conformity of the contract

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If the traveler observes that any of the services included in the trip are not performed in accordance with the contract, the traveler must report the lack of conformity to the organizing agency or, where appropriate, to the retail agency without undue delay, taking into account the circumstances of the case.

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17. Amends any non-conformity of the contract and non-provision, according to the agreed in the contract, of a significant part of the travel services

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1. If any of the services included in the trip are not performed in accordance with the contract, the organizing agency and, where appropriate, the retail agency, must remedy the lack of conformity, except if it is impossible or has a disproportionate cost, taking into account the seriousness of the non-conformity and the value of the travel services affected. In the event that the lack of conformity is not rectified, the provisions of Clause 22 will apply.

2. If none of the above exceptions apply and a lack of conformity is not corrected within a reasonable period established by the traveler or the agency refuses to correct it or requires an immediate solution, the traveler himself may do so and alone apply for the reimbursement of the expenses necessary for this purpose.

3. When a significant proportion of the travel services cannot be provided as agreed in the contract, the organizing agency or, where applicable, the retail agency, will offer, without additional cost, suitable alternative formulas for the normal continuation of the trip and, also, when the traveler's return to the place of departure does not take place as agreed.

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These alternative formulas, if possible, must be of equivalent or higher quality and if they are of lower quality, the organizing agency or, where applicable, the retail agency will apply an appropriate price reduction.

 

The traveler can only reject the alternatives offered if they are not comparable to what was agreed in the combined trip or if the price reduction is inappropriate.

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1. When a lack of conformity substantially affects the execution of the trip and the organizing agency or, where applicable, the retail agency have not corrected it within a reasonable period established by the traveler, the latter may terminate the contract without payment no penalty and request, where applicable, both a price reduction and compensation for the damages caused, in accordance with what is established in Clause 22.

2. If it is not possible to find alternative travel formulas or the traveler rejects them because they are not comparable to what was agreed on the trip or because the price reduction offered is inadequate, the traveler will be entitled to both a price reduction and compensation for damages, without putting an end to the combined travel contract, in accordance with what is established in Clause 22.

3. In the cases detailed in sections 4 and 5 above, if the combined trip includes the transport of passengers, the organizing agency and, where applicable, the retail agency, will also be obliged to offer repatriation to the traveler in equivalent transport without undue delay and without additional cost.

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18. Impossibility of guaranteeing return as provided for in the contract due to unavoidable and extraordinary circumstances

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1. If it is impossible to guarantee the return of the traveler as provided for in the contract due to unavoidable and extraordinary circumstances, the organizing agency or, where appropriate, the retail agency, will assume the cost of the necessary accommodation, of be possible of an equivalent category, for a period not exceeding three nights per traveler, unless a different period is established in the European passenger rights regulations.

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2. The cost limitation established in the previous section is not applicable to people with disabilities or reduced mobility (as defined in clause 1.2 above) or to their companions, to pregnant women, to unaccompanied minors, or to people in need of specific medical assistance, if their particular needs have been shared with the organizing agency or, where applicable, with the retail agency, at least 48 hours before the start of the trip.

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19. The traveler's duty to cooperate in the normal development of the trip

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The traveler must follow the instructions provided by the organizing agency, the retailer or their local representatives for the proper execution of the trip, as well as the regulations that are of general application to users of the services included in the combined trip. In particular, on group trips, you will respect the other participants and observe a behavior that does not harm the normal development of the trip.

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20. Duty of assistance of the agency

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1. The organizing agency and, where applicable, the retail agency, are obliged to provide adequate assistance without undue delay to the traveler in difficulty, especially in the case of extraordinary and unavoidable circumstances.

2. Specifically, this assistance must consist of:

a) Provision of adequate information on health services, local authorities and consular assistance; i

b) Assistance to the traveler to establish remote communications and help to find alternative formulas.

1. If the difficulty has originated intentionally or due to the negligence of the traveler, the organizing agency and, if applicable, the retail agency, may invoice a reasonable surcharge for the aforementioned assistance to the traveler. This surcharge may not exceed the actual costs incurred by the agency.

e) Contractual liability for defective performance or non-performance

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21. Liability of travel agencies

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1. The organizing agency and the retail agency will be jointly and severally liable to the traveler for the correct fulfillment of the combined travel contract.

Whoever answers to the traveler will have the right of repetition against the operator to whom the breach or defective fulfillment of the contract is attributable, depending on their respective field of management of the combined trip.

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2. The organizing agency and the retail agency will answer to the traveler whether they themselves perform the services included in the combined trip or whether they are carried out by their assistants or other service providers.

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22. Right to price reduction, compensation and limitations

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1. The traveler will be entitled to an appropriate price reduction for any period during which there has been a lack of conformity.

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2. The traveler will have the right to receive adequate compensation from the organizer or, where appropriate, from the retailer for any damage or prejudice suffered as a result of any non-conformity with the contract.

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3. The traveler will not be entitled to compensation for damages if the organizer or, where applicable, the retailer, demonstrate that the lack of conformity is:

a) Imputable to the traveler;

b) Imputable to a third party unrelated to the provision of contracted services and unforeseeable or unavoidable; or,

c) Due to unavoidable and extraordinary circumstances.

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4. When the services of the combined travel contract are governed by international agreements, the limitations on the scope or conditions of payment of compensation by the service providers included in the trip will apply to the organizing agencies and retail agencies.

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5. When the benefits of the combined travel contract are not governed by international agreements: (i) the compensation that may be payable to the agency for bodily injury or damage caused intentionally may not be contractually limited or due to negligence; and (ii) the rest of the compensation that the agencies may have to pay will be limited to three times the total price of the combined trip.

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6. The compensation or price reduction granted under Royal Legislative Decree 1/2007 and that granted under the regulations and international agreements related to article 165.5 of the same Royal Legislative Decree 1/2007, must be deducted from the other to avoid excess compensation.

f) Claims and actions arising from the contract

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23. Applicable Law

This combined travel contract is governed by the agreement between the parties and by what these general conditions establish, by the current and applicable autonomous regulations, as well as by what is provided by Royal Legislative Decree 1/2007, of November 16, by which s approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws.

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24. Claims to the agency

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1. Without prejudice to the legal actions that assist him, the traveler may make written claims for the non-execution or poor execution of the contract to the retail agency and/or the retail organizing agency and/or organizing agency to the postal addresses and/or e-mail addresses reported by the travel agencies for this purpose.

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2. Within a maximum period of 30 days, the agency must respond in writing to the claims made.

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25. Alternative resolution of conflicts

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1. At any time, the consumer and the agency may request the mediation of the competent administration or of the bodies set up for that purpose in order to find a solution to the conflict that is satisfactory for both parties.

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2. The consumer may direct their claims to the Consumer Arbitration Board that is competent. The conflict can be submitted to arbitration if the claimed agency had previously joined the consumer arbitration system (in which case the agency will duly notify the consumer of this circumstance) or, if the agency, despite not being a member, accepts the consumer arbitration request .

Claims involving intoxication, injury, death or rational indications of crime cannot be the subject of consumer arbitration.

In the event of consumer arbitration, the award handed down by the arbitral tribunal appointed by the Consumer Arbitration Board will resolve the claim presented definitively and will be binding for both parties.

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3. If the organizing agency and/or, if applicable, the retail agency, adhere to any alternative dispute resolution system or are bound by any rule or code of conduct, they will inform the traveler of this circumstance before the formalization of the combined travel contract.

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26. Judicial actions

1. If the dispute is not subject to consumer arbitration, the traveler may claim in court.

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2. Judicial actions arising from the combined travel contract are prescribed by the expiry of the two-year period.