GENERAL CONDITIONS OF EMPLOYMENT
Information leaflet means the document incorporating the description of the package contained in the leaflet which is the subject of the Package Travel Contract.
The natural or legal person who buys or undertakes to buy the package is considered to be the user or customer/user/customer.
The information about the program/offer contained in the brochure is binding for the organizer and the retailer The reservation of any of the trips included in this catalogue, supposes the total acceptance of these general conditions, which are automatically incorporated into the contract, without the need for a transcript thereof.
Legal framework applicable to the package travel contract and acceptance of the General Conditions.
These General Conditions are subject to the provisions of the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November, Law 7/1998, of 13 April on the General Conditions of Employment and Decree 13/2011 of 25 February laying down the general provisions necessary to facilitate the freedom of establishment and the provision of tourist services, the regulation of the responsible declaration, and the simplification of administrative procedures in the field of tourism and Decree 6/2013 of 8 February on measures to simplify administrative procedures.
These General Terms and Conditions shall be incorporated into all travel contracts signed by the Contracting Parties as a sign of the consumer’s knowledge and acceptance of each and every one of these conditions, whose purpose is the programmes/offers contained in the programme/brochure, and which bind the parties, subject to the particular conditions agreed in the contract or contained in the travel documents provided at the time of the conclusion of the contract. These General Conditions shall apply to those services of the same provided for in Art. 151.1.a) Royal Legislative Decree 1/2007 cited above.
Samuel Rubio Quintanar organized this combined trip with NIF: 53756065M with address in C/ Córdoba, nº 4- 4º D, 28850 Torrejón de Ardoz – Madrid (Spain). C.I.C MA-3909-Mm
The price of the Package includes: Transportation and accommodation, when such services are included in the contracted program and with the food regime that is included in the contract or in the documentation that is delivered to the consumer at the time of signing it.
The rates or taxes of the hotel establishments and the indirect taxes -Value Added Tax (I.V.A.), General Indirect Canarian Tax (I.G.I.C.) in Spain or others applicable in the countries of destination unless indicated otherwise in the program.
Technical assistance during the trip, when this service is specifically included in the contracted program.
All other services and supplements specified specifically in the contracted programme or expressly stated in the package travel contract as well as management costs.
Prices are calculated on the basis of the current season and will be reviewed when issuing and formalizing the program in terms of applicable taxes and/or fees in force.
No upward price revision shall be made within 20 days immediately preceding the date of departure of the journey.
Exclusions. The price of the Package does not include:
Visas, airport taxes, and/or entry and exit fees, vaccination certificates, ‘extras’ such as coffees, wines, liqueurs, mineral waters, special diets, even in the case of full or half board, unless expressly agreed otherwise in the contract, washing and ironing of clothing, optional hotel services and, in general, any other services not expressly listed in the ‘Price includes’ section or not specifically detailed in the programme, in the contract or in the documents supplied to the consumer at the time of its conclusion.
The price of the package does not include tips or services to guides, luggage carriers or other destinations.
Method of Payment. Registration and refunds.In the act of the reservation request, the organizer will require a reservation equal to thirty percent of the total amount of the trip, issuing the corresponding receipt specifying, in addition to the amount advanced by the consumer, the requested package.
From that moment the package travel contract, as well as the general conditions to which it adheres, is binding on both parties. If any of the services cannot be confirmed, the organizer will propose an alternative that can be accepted by the client. If the customer rejects it, this will result in the full refund of the amount paid, equal to thirty percent of the total package without any penalty.
The full amount of the air services shall be paid to the organiser with a date prior to the issue of the tickets.
The rest of the contract price must be paid upon delivery of the travel vouchers and documentation, thirty days before the date of departure. There are exceptions due to suppliers that will be communicated in writing to the user.
If the total price of the trip is not paid in the above conditions, the consumer shall be deemed to withdraw from the requested trip and lose the advance of the price of the program made.
Consumer and user withdrawal (Article 160 of Royal Decree 1/2007 of the General Law for the Defense of Consumers and Users).
The user or consumer may at any time withdraw from the services requested or contracted, but must compensate the organizer in the following cases:
1. In the case of single services: All management costs plus cancellation costs, if any.
2. In the case of package travel:
a) A penalty of 5% of the total amount of the trip if the cancellation occurs between 15 and 10 calendar days prior to the start date of the trip, 15% if it occurs between 10 and 3 calendar days, 25% if you give up within 48 hours and 100% if you do not show up at the scheduled time of departure.
If the consumer and user do not show up for departure, they are obliged to pay the total amount of the journey, paying any outstanding sums, unless otherwise agreed between the parties.
b) In the event that the package is subject to special economic contracting conditions, such as aircraft charter, ships or special fares, the cancellation and management costs shall be established in accordance with the terms and conditions agreed between the parties.
All these assumptions will be reviewed in case of force majeure.
Modifications and resolutions of the contract for reasons attributable to the organizer or cancellation of the trip (Article 159 of Royal Decree 1/2007 of the General Law for the Defense of Consumers and Users).
1. If the consumer and user choose to terminate the contract, or if the organiser cancels the package before the agreed departure date, for any reason not attributable to the consumer and user, he shall be entitled, from the time of termination of the contract, to reimbursement of all sums paid in accordance with the contract, or to the performance of another package of equivalent or higher quality whenever the organiser or retailer may wish to do so.
Where the offered journey is of inferior quality, the organiser or retailer shall reimburse the consumer and user, where appropriate on the basis of the amounts already paid, the difference in price, in accordance with the contract.
In any event, the consumer and user may require reimbursement of the sums paid to the employer to whom they were paid, which must be reimbursed within the time limits and under the conditions laid down in Article 76. The calculation of the period, in this case, shall start from the notification of the consumer and user of their choice for the resolution or from the occurrence of the circumstances determining the cancellation.
2. The same right provided for in the above number shall apply to the consumer and user who does not obtain confirmation of the reservation under the terms of the contract.
3. In the above cases, the organiser and the retailer shall be liable for payment to the consumer and user of any compensation for breach of contract, whereas under no circumstances may it be less than 5 per cent of the total price of the voyage booked, if the failure to do so occurs between two months and 15 days immediately prior to the intended date of the voyage; 10 per cent if it occurs between the previous 15 and three days, and 25 per cent in the event that the aforementioned default occurs within the previous 48 hours.
4. There shall be no obligation to compensate in the following cases:
a) Where the cancellation is due to the fact that the number of persons registered for the package is lower than that required and is communicated in writing to the consumer and user before the final date fixed for that purpose in the contract; at least 10 days before the intended date of commencement of the journey.
b) When the cancellation of the trip, except in cases of excess reservations, is due to reasons of force majeure, such circumstances being those foreign to the person invoking them, abnormal and unforeseeable whose consequences could not have been avoided, despite having acted with due diligence.
The organiser and retailer of the package shall be liable to the consumer, depending on the obligations incumbent on them by their respective field of package management, for the proper fulfilment of the obligations arising from the contract, whether they are to be performed by themselves or by other service providers, and without prejudice to the right of organisers and retailers to take action against those service providers.
The organiser and retailer of the package shall be liable for any damage suffered by the consumer as a result of the failure to perform or the performance of the contract. Such liability shall cease when any of the following conditions are met:
- The defects observed in the performance of the contract are attributable to the consumer.
- Such defects are attributable to a third party who is not involved in the supply of the services provided for in the contract and are unforeseeable or insurmountable.
- That the defects are due to an event which the retailer or, where appropriate, the organizer, despite having put all the necessary diligence, could not foresee or overcome.
Limits of damages compensation.
As to the limit for compensation for damages resulting from non-performance or poor performance of the services included in the package, the provisions of the relevant international conventions shall apply.
Where the lack of connection of the flights, even due to changes in the schedules of the participating airlines, requires a night or a long wait, the costs resulting therefrom, both accommodation and meals and transport shall be on behalf of the air carrier which caused overbooking, cancellation or delay pursuant to Regulation EEC 261/04, laying down common rules on compensation and assistance for air passengers in cases of denied boarding and cancellation or long delays in flights.
The user has been informed of the peculiar characteristics of alternative travel, especially the climatological circumstances of the destination country, the limitations of local professionals and the lack of equality of road infrastructure, The air and hotel of the place with the conventional standard of the western countries.
The final itinerary detailed in the technical data sheet is indicative and all-inclusive services in the programme must be confirmed in writing before payment for services.
The user also accepts the change of hotel establishment that occurs in situ provided that the enjoyed one has a category or characteristics equal or superior to that fixed in the initial itinerary.
Delimitation of package services.
Air travel. Presentation at the airport.
For air travel, presentation at the airport shall be made at least three hours in advance on international travel and two hours in nationals on the official departure time, and in any case the specific recommendations indicated by the travel documents provided at the time of signing the contract will be strictly followed.
With regard to luggage, the guidelines of each airline should be followed and the user should be informed in each case of its regulations.
The usual times of entry and exit at hotels depend on the first and last service that the user will use. The user must follow the indications of each establishment regarding exits and entrances.
The accommodation service shall mean that the room is available on the night in question, with the understanding that it is provided regardless of whether, due to the circumstances of the package, the time of entry into the package is later than originally foreseen.
13.3. Special economic conditions for children
Given the diversity of treatment applicable to children, depending on their age, the service provider and the date of travel, it is recommended to always consult the scope of the special conditions that exist and that at any given time will be the subject of specific and detailed information and will be reflected in the contract or in the travel documentation that will be delivered at the time of its signature.
Passports, visas and documents.
All users, without exception (including children), must keep their personal and family documentation in order, be it passport or D.N.I., according to the laws of the country or countries visited. It will be for the account of the users, when the trips so require, obtaining visas, passports, certificates of vaccination, etc. If any Authority refuses to grant visas, for particular reasons of the user, or be refused entry to the country for lack of the required requirements, or for lack of the required documentation, or for not being the bearer of the required documentation, the organizer declines any responsibility for such acts, where the consumer is responsible for any expenditure arising, the conditions and rules laid down for cases of voluntary withdrawal of services being applied in these circumstances.
Additional information to be provided to the consumer.
At the time of the conclusion of the contract, the organiser or retailer shall inform the consumer of the specific documentation required for the chosen journey and of the possibility of optionally subscribing to an insurance covering the cancellation and/or assistance insurance covering the costs of repatriation or transfer in the event of an accident, disease or death.
In addition, the organizer will inform the consumer of the risks and health formalities implicit in the destination and the trip contracted, in compliance with the General Law of Defense of Consumers and Users.
The agency shall provide information on the official documentation and health requirements necessary for the journey; However, it will be the sole and exclusive responsibility of the client both to formalize the required documents and to complete the sanitary measures. In cases where the organising agency is responsible for visa processing, the price of such handling shall be separate from the price of the visa and the price of the journey and it shall not be the responsibility of the organising agency if the documentation is lost or delayed for reasons outside the agency.
Validity.The duration of the program will depend on the season in which the trip is requested.
IMPORTANT WHEN BOOKING A TRIP
Necessary Documentation and Sanitary Documentation
In our services, the valid regulations for the trips specified in our brochure are included as regards the required documentation of entry to the country and sanitary documentation at the time of closing the brochure.
We recommend, due to the constant variation of these rules by the different countries, that before making your trip, see if there have been any changes at the level of entry documentation and mandatory health documentation through the information on the website of the Ministry of Foreign Affairs, www.mae.es
Air Fares/Flights and Taxes
Prices in air fares may be modified by factors outside the organising agency. Therefore, should our agency book your flights, they are always subject to “possible changes”, until they are issued.
In cases where international or domestic flights alter their departure times, the itineraries of the programme could be modified.
Air fares vary according to destinations, dates, currencies, routes, stops, etc., so the amount of the fares will only be known when the tickets are issued. The same applies to fuel charges, which will only be known when tickets are issued.
Airport taxes are local taxes paid on entry and/or exit from countries, and these taxes are not included in tickets. Therefore, these will always be at the expense of the traveller and will be paid upon arrival or departure from the country.
Hotels can set minimum stay and higher rates after the closing edition of our brochure for special events, sports, Christmas or others, in which case you would be informed of the supplement to apply (in programmes with daily departures). In the event of a specific convention or congress requiring the change of the hotel category by the authorities of the respective countries, the organizing agency would refund the difference.
In the trips the included regime is clearly specified, this may be only accommodation, bed and breakfast (continental if not specified otherwise), accommodation, breakfast and dinner or accommodation and all meals included (always specified in the travel contract). In cases where, due to flight departure times, or changes in timetable or day, it is impossible to maintain the service of any specified food regime, it shall not give rise to reimbursement by the agency. In cases where lunch and/or dinner is included, drinks will always be at the exclusive expense of the traveller (normally specified in the travel programme).
In certain places and due to the shortage of single rooms, those who travel individually, will have to use in these cases the double room service with the consequent cost at their expense. At other times you may have the option to share room with another traveller some nights and in this case, the agency will reimburse you the proportional amount of nights corresponding to this “situation”
The hotel classification varies according to the different countries to which one travels and in many cases does not correspond to the standardised one for Spain. Hotels will be classified according to their own professional assessment and at all times will be clear with the category offered in their services.
Our services clearly specify the type of hotel and room to be used. Prices are usually based on standard double rooms (two beds). In cases where it is possible to hire single rooms, the supplement for this type of room is indicated, as well as the possibility of using double rooms with children (in family programs) to which will be added 1 or 2 beds in the same room and will always be stipulated the cost price of each of the children. In addition, all programs will specify the category of the hotel and the possibilities of choosing a higher or lower category with the automatic change of their prices. The surcharges for additional nights will be applied with the rates for the period of nights following the booked stay and not with the rates for departure dates (in case of extending the stay coinciding with the change from one season to another).
According to the International Hotel Policy, the opening hours of the hotels will be between 13h and 15h and the departure times in the hotels between 11h and 13h. However, each establishment has its own opening times, which must always be respected.
Most hotels require a credit card as a credit authorization. At the departure of the hotels, you will have to pay your extra expenses (if you have any) and in case you do not have to pay any expenses, you can demand the return of your credit card authorization. In any case, the organising agency is not responsible for any of the forms concerning credit cards.
All selected trips and programmes include on-arrival transfers to the country of travel. Depending on the program selected and contracted these will be performed on different types of vehicle (specified in the program).
In case of cancelling a previously booked trip, consult with the organizing agency the existing cancellation charges according to the advance of such cancellation.