The program/offer is the description of the package included in the program/brochure which constitutes the purpose of the package contract. The information of the program/offer included in the program/bochure is irrevocable for the organiser or retailer, unless one of the following circunstances occur: a) The changes in said information have been communicated clearly in writing to the consumer before the contract has been resolved and this possibility has been expressly mentioned in the program/offer. b) Subsequent modifications are made, subject to prior written agreement between both parties.
These General Terms and Conditions are subject to the provisions of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (BOE 30 / 11/07), Law 7/1998, of April 13, on General Terms and Conditions of Contract (04/14/98) and other current provisions.
These General Terms and Conditions will be incorporated into all package contracts in which the purpose is the programs / offer contained in the program / brochure and binds the parties, with the specific conditions agreed in the contract or contained in the documentation of the trip facilitated simultaneously to the subscription of the contract.
The organization of this package has been carried out by THE TRAVEL AGENCY YOU WILL FIND DETAILED IN THE PACKAGE CONTRACT.
3.1 The price of the package includes.
3.2 Price review
The price of the package has been calculated based on the exchange rates, transport rates, fuel cost and applicable taxes and fees at the time the program/brochure is edited or previous ones that have been printed and made public.
Any change in the price of the previously mentioned elements may result in the revision of the final price of the trip, both by increasinig it or dropping it, in the amounts of the price variations previously referred to.
These modifications will be notified to the consumer, in writing or by any other means that will allow them to have proof of the communication made, being able to, when the modification is made, not go on the trip, without any penalty, or accept the modification of the contract.
Under no circumstances, will it be revised within the 20 days prior to the departure of the trip, with respect to already made requests.
3.3 Special Offers
When contracting a package as a result of a special offer, a last-minute offer or equivalent, at a price other than the one detailed in the program/brochure, the services included in the price are the ones that will be specifically detailed in the offer, even when such offer refers to any of the programs described in this brochure, providing that such reference is made for the exclusive purpose of general information about the destination.
3.4.1 The price of the package does not include
Visas, airport fees, and/or arrival or departure fees, vaccination certificates, drinks, special food regimes – not even in the case of half or full board, unless expressly agreed otherwise in the contract -, laundry and ironing, optional hotel services, and, in general, any other service that is not detailed in the section “The price of the package includes” or that is not specifically detailed in the program/offer, in the contract or the documentation given to the consumer upon signing it.
3.4.2 Optional Excursions or Visits.
In the case of optional excursions or visits not reserved at origin, it must be kept in mind that they do not form part of the package contract. The publication of the brochure is for information purposes only and the price expressed is only an estimate. Therefore, at the time of reserving the excursion or visit at the place of destination, there may be variations in the price, altering the estimation detailed in the brochure.
On the other hand, these excursions will be offered to the consumer with specific conditions and a final price independently, not being guaranteed that it will take place until the moment of reserving.
At the time of registration, the agency may require a deposit that under no circumstances will exceed 40% of the total amount of the trip, issuing the corresponding receipt specifying, as well as the amount paid, the package requested. The remaining amount must be paid upon receiving the vouchers or documentation of the trip, which must be done at least 7 days before the departure date.
If the total price of the trip is not paid for under the indicated conditions, it willbe understood that the consumer wishes to cancel the requested trip, and the following conditions will apply.
All reimbursements of any kind, will be formalised through the Retail agency where the reservation was made, but any services not used by the consumer voluntarily will not be refunded.
Responsabilities and cancellation of the trip due to insufficient people registering.
At all times the user or consumer may withdraw from the services requested or contracted, having the right to a refund of the amounts paid, whether it is the total price or the deposit provided in the preceding paragraph, but must compensate the Agency for the following concepts:
a) In the case of individual services: The total of management fees, plus cancellation fees, if the latter has occured.
b) In the case of packages and unless the withdrawal takes place due to force majeure:
1) Management fees plus cancellation fees, if any.
2) A penalty, consisting of 50% of the total amount of the trip if the withdrawal occurs between 15 and 10 days before departure and 100% if it happens between 10 and 0 days before departure.
If you do not turn up at the scheduled departure time, you will not be entitled to any refund of the amount paid, unless otherwise agreed by both parties.
In the event that any of the contracted and cancelled services are subject to special economic conditions of hiring, such as air freight, ships, special rates, etc … cancellation costs for withdrawal will be established in accordance with the agreed conditions on both sides.
The consumer of the package may assign his/her reservation to a third person, communicating it in writing within fifteen days before the starting date of the trip unless the parties agree a shorter term in the contract.
The agency will have to meet the same requirements as the grantor, generally required for the package, and both will be jointly and freely liable to the Travel Agency for the payment of the price of the trip and the additional expenses justified for the assignment.
In cases in which the Organizer determines, and so expressly specifies, the feasibility of the package offer to have a minimum number of participants and that number is not reached, the cancellation of the trip occurs, the participant will be entitled exclusively to the refund of the total of the price or of the anticipated amounts, without being able to claim any compensation, as long as the Agency has notified it in writing with a minimum of ten days before the scheduled date of the beginning of the trip.
The agency commits to providing its clients with all of the contracted services contained in the program/offer that has given rise to the package contract, with the stipulated conditions and characteristics, all in accordance with the following points:
a) In the case that, before the departure of the trip, the organiser is obliged to significantly modify any element of the contract, including the price, the consumer must be informed immediately, either directly whilst acting as the retailer, or through the respective retailer in all other cases.
b) In such case, and unless the parites agree otherwise, the consumer may choose between resolving the contract without penalty or accept the modification in which the variations and their results are specified. The consumer must communicate his/her decision to the retailer or organiser within three days of being notified of the modification referred to in section a).
In the event that the consumer does not notify his/her decision under the terms indicated, it will be understood that he/she opts for the termination of the contract without any penalty.
c) In the event that the consumer chooses to terminate the contract, under the provisions of section b), or that the Organizer cancels the package trip before the agreed departure date, for any reason that is not attributable to the consumer, the latter shall be entitled, from the moment of the termination of the contract, to the reimbursement of all amounts paid, or being able to go on another trip of equal or superior value, provided that the retailer or organiser can offer it. In the event that the offered trip is of inferior quality, the Organizer or the Retailer shall reimburse the consumer, when applicable, depending on the amounts already paid, the price difference, according to the contract. This same right will correspond to the consumer who does not obtain confirmation of the reservation of the terms stipulated in the contract.
d) In the above cases, the Organizer and the Retailer will be responsible for payment to the consumer of the compensation that, if applicable, corresponds to breach of contract, which will be 5 percent of the total price of the contracted trip, if the previous breach occurs between two months and fifteen days immediately prior to the planned date of completion of the trip; 10 percent if it occurs between fifteen and three days before, and 25 percent in the event that the previous noncompliance occurs in the forty-eight hours prior to departure.
e) There will no obligation to compensate in the following cases:
1.When the cancellation is due to the fact that the number of people registered for the package is lower than the required one and so it is communicated in writing to the consumer before the deadline set for that purpose in the contract.
2. When the cancellation of the trip, except in cases of excess reservations, is due to reasons of force majeure or sufficient cause, meaning such circumstances beyond the party who invoked them, abnormal and unpredictable, whose consequences could not have been avoided, despite having acted with due diligence.
f) In the event that, after the departure of the trip, the Organizer does not provide or verify that it can not provide an important part of the services detailed in the contract, it will adopt the appropriate solutions for the continuation of the organized trip, without any supplement for the consumer, and, where appropriate, will pay the latter the amount of the difference between what the consumer has paid and the cost of the new services. If the consumer continues the trip with the solutions given by the Organizer, it will be understood that he/she has accepted these proposals tacitly.
g) If the solutions given by the organiser are not viable or the consumer does not accept them for reasonable motives, the organiser must provide the consumer without any extra fee, a means of transport equivalent to that used on the trip to return to the place of departure or any other place that both sides have agreed on, without prejudice to the compensation that may be applicable.
h) In case of complaint, the retailer or, where appropriate, the organizer must work diligently to find appropriate solutions.
i) Under no circumstances, will anything not included in the contract of the package (such as, for example, transport tickets from the place of origin of the passenger to the place of departure of the trip, or vice versa, hotel reservations on days prior or after the trip, etc.) will hold the organiser responsable there being no obligation to compensate for these possible expenses of independent services in case the trip is cancelled for the reasons provided in section e).
J) If the transfers / assistance from the hotel-airport or vice versa or similar, included in the offer, are not met, mainly for reasons beyond the control of the transferer and not attributable to the Organizer, the latter will only reimburse the amount of the alternative transport used by the customer in the displacement, upon presentation of the corresponding receipt or invoice.
The consumer is obliged to report any breach in the execution of the contract – preferably “in situ” or, in other cases, as soon as possible – in writing or by any other means in which it can be recorded, to the organizer or to the retailer and, in its case, to the service provider in question. In the event that the solutions arbitrated by the Agency are not satisfactory to the consumer, the latter will have a period of one month to complain to the Retailer Agency or the organizer. The Retailer Agency or the organizer will have forty-five calendar days to respond to the claim raised by the consumer, a term that will begin counting from the day following the filing of the claim with the Retailer Agency.
However, the provisions of the preceding paragraph, the statute of limitations for actions derived from the rights recognized in the Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for Defense of Consumers and Users and other complementary laws (BOE 11/30/07) will be two years, as established in article 164 of the aforementioned Law.
The Travel Agency and the final selling retailer of the package will respond to the consumer, according to the obligations that correspond to them for their respective field of management of the package, of the correct fulfillment of the obligations derived from the contract, regardless of whether or not they must be executed by them or by other service providers, and without prejudice to the right of the Organizers and Retailers to act against said service providers. The Organizer states that it assumes the functions of organization and the execution of the trip.
Organizers and Retailers of package tours will be liable for damages suffered by the consumer as a result of the non-execution or poor execution of the contract. Said responsibility shall cease when any of the following circumstances occurs:
1. That the defects observed in the execution of the contract are attributable to the consumer.
2. That said defects are attributable to a third party that is not involved in the provision of the services envisaged in the contract and that are unforeseeable or insurmountable.
3. That the previously mentioned defects are due to reasons of force majeure, understanding as such those circumstances unrelated to the party invoking them, abnormal and unforeseeable in which its consequences could not have been avoided, despite having acted with due diligence.
4. That the defects are due to an event that the Retailer or, in his case, the Organizer, in spite of having put all the necessary diligence, could not foresee or overcome
However, in cases of exclusion of responsibility for any of the circumstances provided in numbers 2, 3 and 4 the organizer and the retailer who are parties to the package travel contract shall be obliged to provide the necessary assistance to the consumer who is having difficulties.
9.2 Compensation limits for damages
As to the limit of compensation for damages resulting from non-compliance or the failure to implement the functions included in the package, the stipulations of the international conventions on the matter shall be complied with.
10.-Information that the Retail agency must provide to the consumer.
The consumer will be informed at the moment of the completion of the contract that he/she must receive the relevant information about the specific documentation needed for the chosen trip.
The client may contract an insurance policy that covers any risk of cancellation expenses and/or loss of luggage and/or assistance for the covering of medical expenses, repatriation and any other in case of accident, illness or death. Not included in the price.
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