ONE. Characteristics of the package trip
1.The characteristics of the trip regulated by this contract are those described in the programme-offer contained in the pre-contractual information provided to the customer to enable them to make their initial booking application and in the documentation attached to these provisions. The customer receives an email confirming the promoter or both parties’ acceptance of these terms and conditions according to the manner in which the trip has been contracted, the customer’s previous order, together with these general terms and conditions that also include the essential details of the trip: destination and content of the trip; confirmation of the schedule and accommodation in the contracted regime; total price of the booking and any extras that may arise, as well as special requests made by the traveller and accepted by the organiser. The organiser reserves the right to modify the pre-contractual information prior to the entry into effect of the contract. To be considered valid, the traveller shall previously be clearly informed of the changes in the information.
2.Travel documentation: The traveller shall be responsible for ensuring that they are in possession of all the personal documentation required for their trip (passports, visas, etc.); we remind customers that they must obtain information about visas and other necessary documents or formalities, as well as any possible specific requirements to enable them to travel to their destination by visiting the Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores -www.maec.es) or enquiring at consulates and embassies.
3.The organiser’s details are: TOURMALET 2015 SLU, holder of tax identification code (CIF) B67404574, with its registered office at C/ Misericòrdia 6 Bajos, 08500 Vic (Barcelona).
TWO. Insurance to be contracted by the traveller
The customer shall contract medical insurance and travel assistance, to which they agree upon signing the following general terms and conditions. The detailed information about the insurance is attached hereto and the price per person is directly included in the price of the trip.
Cancellation and luggage insurance is voluntary; if the customer agrees to the insurance, the contract will be attached to these contractual terms and conditions. By opting out, the customer accepts that they shall assume the risks and costs incurred by the cancellation of the trip and/or loss of luggage that could occur during the same.
The general and specific terms and conditions of the clauses described hereunder form part of this travel contract, which includes the programme or offer with the corresponding specific terms and conditions that have given rise to this contract. Said general terms and conditions regarding the characteristics of the package trip are subject to Directive (EU) 2015/2302 of the European Parliament and of the Council, of 25 November 2015, on package travel and RDL 1/2007, of 16 November, approving the General Act for the Defence of Consumers and Users, its internal transposition, as well as the provisions set forth in the Convention on limitation of liability for maritime claims 1976, concluded at London on 19 November 1976, and the other internal regulations or international and/or European laws on the carriage of passengers.
FOUR. Price of the package trip
1.The price of the package trip is the amount determined in the specific terms and conditions, plus the compulsory and voluntary insurance previously agreed with the customer. The customer shall pay the price of the package trip in the manner established in the general terms and conditions that form part of this contract:
|DAYS BEFORE DEPARTURE
||DEPOSIT TO CONFIRM BOOKING
||OPTIONAL FUTURE TOUR CREDIT
|More than 61 days
75% – 60 days before departure
|0% cancellation fee
|Between 60 and 31 days
||50% cancellation fee
||100% of tour price
|Between 30 days and 72 hours
||50% cancellation fee
||75% of tour price
|Less than 72 hours
||100% cancellation fee
Payment will be made by a bank card or transfer when they book the trip, according to the customer’s preferences. Payment expenses, bank commissions and all inherent administrative formalities shall be assumed by the traveller. In the event that payment is made later than the period established in this stipulation, 5% interest on the outstanding amount shall be applied, provided that, in accordance with these terms and conditions, the trip has not been cancelled due to the traveller’s failure to make the payment.
2.The price of the package trip includes:
a) return transport (when the service is included in the contracted programme-offer, with the type of transport, characteristics and category contained in the contract or documentation delivered to the traveller upon signing);
b) accommodation (when the service is included in the offer of the contracted programme, in the establishment and board regime contained in the contract or documentation delivered to the traveller upon signing);
c) surcharges or taxes on hotels and, where applicable, indirect taxes;
d) travel assistance depending on the insurance policy.
3.The price of the package trip does not include: visas, airport charges and/or taxes to enter and leave the country, vaccination certificates; extras such as coffees, wines, spirits, bottles of mineral water and special diets are not included, even in the case of half board, unless it is expressly agreed in the contract, washing and ironing of clothes, optional hotel services and generally any other service that is not specifically mentioned in the programme-offer, contract or documentation delivered to the traveller with the organiser’s confirmation of the booking. Excursions or optional visits will not form part of the package trip unless they have been expressly contracted; they must be published in the pre-contractual information for informational purposes and the price will be indicated as a guide or estimate.
FIVE. Price revision
Prices are calculated according to exchange rates, transport costs, fuel costs and applicable taxes on the publication date of each programme or offer. Any variation in the price of these items may give rise to a revision of the end price of the trip, either upward or downward, in the strict amounts of said price variations. The traveller will be notified in writing of the modifications. Under no circumstances may the price of the trip be revised upward during the 20 days that immediately precede the departure date.
SIX. Contractual obligations
Unless stated otherwise in the information contained in the specific terms and conditions:
- In countries with official classification of hotels or any other type of accommodation, pre-contractual information includes the tourist classification given to the corresponding country. In countries where there is no official classification, the category indicated in the pre-contractual information will merely be given as a guide. In all cases, the organiser undertakes to ensure that, insofar as possible, the classification fulfils the reasonable expectations of a Spanish traveller.
- The times for occupying the rooms depend on the regulations established in each country or in each hotel or accommodation. Under all circumstances, the traveller shall comply with occupation regulations and the check-out times established by the hotel.
- Three or four-person rooms are usually double rooms with the addition of one of two beds, which are normally a sofa bed or folding bed, except in certain establishments abroad where instead of additional beds, two larger beds are used.
- Travellers shall arrive at the address from where the trip will start within the deadline established by the organiser or, failing that, at the time stated in the pre-contractual information. In the event the package trip includes air transport, the check-in time required by the airline shall be respected.
- If a traveller is unable to perform the trip due to arriving after the deadline, the procedure set forth for the traveller’s non-performance shall be applied.
- Hand baggage or other travel items carried by travellers remain in their care at their own risk; any losses or damages related to said hand baggage and travel items will not be compensated by the organiser.
- As a general rule, full board includes a continental breakfast, lunch, dinner and accommodation. Unless stated otherwise, half board includes a continental breakfast, dinner and accommodation. Meals do not usually include drinks.
- Special diets (vegetarian or special diets) are only guaranteed if they have been previously requested and confirmed by the organiser.
SEVEN. Contract formalisation
1.Travellers who wish to book a package trip make an online booking based on the trips offered by the organiser. For the purposes of the provisions set forth in these contractual terms and conditions, the traveller who makes the booking also acts on behalf of the other travellers/contractors for whom the booking is made.
2.In order to confirm the booking, the traveller shall make the payments in accordance with the provisions set out in clause four of these terms and conditions.
3.If a traveller requests a tailored package, the organiser may request a processing fee in order to prepare the project. If the traveller accepts the prepared package trip and the organiser can confirm the services it comprises, the amount paid for the processing fee will be deducted from the price of the trip. In the event said services cannot be confirmed, the organiser shall refund the money paid by the passenger.
4.In the cases above, if the organiser is unable to provide the requested trip and offers the traveller a similar or different trip, unless expressly indicated otherwise, the offer shall be maintained for 24 hours. In these cases, the contract shall enter into effect if the passenger accepts the offer within said period.
5.Booking confirmation. The package trip contract enters into effect with the booking confirmation. The package trip is confirmed by a booking confirmation email expressly sent by the organiser. From that moment, the package trip contract is binding for both parties.
6.Payment. Once the booking has been confirmed, payments shall be governed by the provisions of clause four of this contract. The organiser may terminate the contract and apply the regulations established for its withdrawal before the start of the package if the traveller fails to make the payments or does not make the payments within the periods set forth in the paragraphs above.
EIGHT. Trip modifications
If at any time before the departure, the traveller decides to request changes in the destinations, means of transport, length of stay, schedule, itinerary of the contracted package or any other intention related to the services and the organiser is able to make them, it could require paying justified additional expenses caused as a result of the modification and a premium for changing the booking that may not exceed 3% of the price of the package.
Prior to the start date, the organising agency may only make changes if they are necessary for the outcome of the package trip and are not significant. Necessary changes are considered significant if their general or special features prevent fulfilling the purposes of this agreement.
In the event that the organiser is obliged to make significant changes, it shall immediately inform the passenger, who may either agree to the modification of the contract by confirming the changes and their impact on the price, or they may terminate the contract. They shall inform the agency of their decision within three days after the modification was notified. If the traveller fails to communicate their decision within the indicated period, it shall be understood that they have decided to terminate the contract.
NINE. Price modification
The organiser may only revise the price upwards or downwards provided the revision is made no later than 20 days before the departure date and is not significant; that is, less than 8% of the cost of the tour. In addition, this revision may only be made with the purpose of adjusting the cost of the trip to variations in the
(a) exchange rates applied to organised trips.
(b) price of the transport included in the trip, including the cost of fuel.
The calculation of the revised price will be based on the value of the destination country’s currency and the applicable prices, surcharges and taxes on the publication date of the pre-contractual information. For trips that include two countries or more, the exchange rate used as reference will be the US dollar on the same date.
If the price revision implies an increase of over 8% of the trip price, the organiser shall immediately inform the passenger, who may terminate the contract. The traveller shall inform the agency of their decision within three days after the modification was notified. If the traveller fails to communicate their decision within the indicated period, it shall be understood that they have decided to terminate the contract.
TEN. Travellers’ rights in the event of termination
1.If, in accordance with the previous paragraphs, a traveller terminates the contract, they may choose between:
- a refund within a maximum of one month of all the payments made, or
- they are offered another package trip of equivalent or higher quality, provided the organiser is able to offer this service. If the offered trip is of higher quality, the organiser may require a surcharge. A traveller may also accept a trip of lower quality, although in this case, the organiser shall deduct the difference in price.
2.In both cases, if a traveller decides to terminate the contract, they shall be entitled to claim the compensation contemplated for package cancellations made in these conditions.
ELEVEN. Transfer of the booking
1.Travellers may transfer their booking to another person who fulfils all the terms and conditions set forth in the pre-contractual information and the conditions to make the package trip.
2.Notice of the transfer shall be given to the organiser by any medium and will be free of charge if the organiser receives the notification at least seven days before the trip departure date. If the transfer procedure is carried out later and it can be accepted by the organiser, the traveller may be required to pay a transfer fee that will not exceed 3% of the package.
3.Under all circumstances, the traveller and the person to whom the booking has been transferred shall be joint and severally liable before the organiser for the payment of the outstanding balance, as well as any justified additional expenses arising from the transfer or assignment.
TWELVE. Travellers’ right of withdrawal
1.Travellers are entitled to terminate the contracted trip at any time before the departure. However, they will be required to pay a termination fee based on the length of time remaining before the departure, shown on point FOUR.
2.In all cases, travellers shall pay the processing and cancellation fees arising from the withdrawal.
3.The withdrawal will enter into effect as soon as the organiser is aware of the traveller’s wish to withdraw from the contract.
4.The agency shall refund the payments made by the traveller within a maximum of one month, after deducting the expenses and termination fees justified by virtue of the previous paragraphs.
5.If the package trip is subject to special contracting conditions, such as the carriage of goods by air, sea, special rates and others, the processing costs and termination fees shall be those indicated in the pre-contractual information of the package or specifically agreed in the contract document.
THIRTEEN. Cancellation of the package trip by the organiser
In the event that prior to the departure, the organiser is obliged to significantly modify an essential element of the trip, it shall immediately notify the traveller.
In these cases, travellers may decide to terminate the contract without paying a termination fee or accept the modifications and their effects on the price.
If a traveller decides to terminate the contract or the organiser cancels the trip before the departure date for reasons that are not attributable to the passenger, as soon as the contract is terminated, said passenger shall be entitled to receive a refund of all the payments they have made. In this case, the organiser shall be responsible for paying the traveller the compensation shown below, depending on the amount of time remaining before the start of the trip and the amounts previously paid by the passenger:
- 5% of the price of the package if it is cancelled with more than 15 days’ notice and less than two months;
- 10% of the price of the package if it is cancelled between 15 and three days before the departure;
- 15% of the price of the package if it is cancelled within 48 hours before the departure.
Compensation is not compulsory in the following cases:
- when the cancellation of the package is due to force majeure. The consequences of unavoidable and extraordinary circumstances beyond the agency’s control that could not be prevented, despite acting with due diligence, are considered force majeure;
- the number of persons registered for the package trip is smaller than the minimum and the organiser notifies the traveller of the termination of the contract at least:
– 20 days before the start of the package in the case of trips lasting more than 7 days;
– seven days before the start of the package in the case of trips lasting between 2 and 7 days;
– 48 hours before the start of the package in the case of trips lasting 2 days.
FOURTEEN. Failure to appear at the start
Failure to appear at the start is when a traveller does not notify their intention to not perform the trip and nor do they appear in the place and at the time stipulated for the departure. In this case, the traveller loses the right to receive a refund of the paid amounts and is obliged to settle the outstanding payments.
FIFTEEN. Travellers’ lack of conformity and obligations
In the case of a lack of conformity in the services, the traveller undertakes to notify the organiser as soon as possible ‘in situ’ or, if this is not possible, within 48 hours. If the passenger does not consider the organiser or retail travel agency’s arrangements to be satisfactory, they will have one month in which to submit a formal written complaint to the organiser. Said organiser shall respond to the traveller’s complaint within 45 calendar days, which shall commence the day after the complaint was submitted to the retailer.
When the traveller perceives a defect or absence of a contracted service, they shall inform the organiser or retailer and, where applicable, the provider of the services in question as soon as possible. The notification shall be made in writing or using any other medium that may be recorded. After receiving the notification, the retailer or organiser shall act with due diligence to find appropriate arrangements.
The notice given in the indicated time and manner, as well as the certifying document, shall relieve the traveller of their obligation to provide further evidence of the defect, unless it is verified in the traveller’s presence that the defect in the service does not exist or the indicated features are not fulfilled and both parties agree.
If the traveller does not send the notification within the indicated time and manner established, they shall demonstrate the reported defects in accordance with general evidence criteria, and all damages suffered or aggravated due to lack of communication shall be at the traveller’s expense.
SIXTEEN. The organiser’s impossibility to provide a significant part of the services
1.The organiser shall adopt the appropriate arrangements to be able to continue the trip if once it has commenced, the organiser fails to provide and verifies that it is unable to provide a significant part of the services set forth in the contract.
2.The organiser may not request any additional charges for the arrangements adopted with the purpose of continuing the trip and it shall pay the traveller any difference between the provided and unprovided services.
3.If the traveller expressly or tacitly accepts the arrangements proposed by the agency, they shall not be entitled to receive compensation for said modifications. Said proposals will be considered to have been tacitly accepted if the trip continues with the arrangements provided by the organiser.
4.If the arrangements adopted by the organiser are not possible or the traveller does not accept them, the organiser shall:
- provide an equivalent means of transport to the one contracted in the trip to return to the place of departure or any other place agreed by both parties, if the contract includes a return trip;
- refund the price paid with a reduction corresponding to the cost of the services that have been offered until the end of the trip, unless the defect preventing the trip from continuing is attributable to the passenger;
- pay any compensation, if applicable.
SEVENTEEN. The traveller’s withdrawal during the trip
1.The traveller is entitled to withdraw from the package trip contract after it has started, although they may not claim the refund of the payments made and shall be obliged to pay any outstanding payments.
2.It the withdrawal is due to an accident or illness of the traveller that prevents them from continuing with the trip, the organiser shall be obliged to provide the necessary assistance and, if applicable, pay the amount of the difference between the planned services and those provided, in accordance with the duly justified cancellation costs.
3.In both cases, all the additional costs incurred by the withdrawal, and particularly for the repatriation and transfer to the place of origin, shall be borne by the passenger.
EIGHTEEN. The traveller’s obligation to collaborate in the normal performance of the trip
1.The traveller shall comply with the information provided by the organiser for the proper performance of the trip, as well as with generally applicable regulations for users of services covered by package trips. In particular, the members of group trips shall respect the other participants and shall refrain from behaving in a manner that does not prevent the normal development of the trip.
2.A serious breach of these duties provides the organiser with the authority to terminate the package trip contract. In this case, if the contract includes the return trip, the organiser shall provide the traveller with an equivalent means of transport to the one contracted in the trip to return to the starting point or any other place that has been agreed. Likewise, the organiser shall be entitled to be compensated for the damages attributable to the traveller’s behaviour.
NINETEEN. Distribution of liability. Contractual liability for defective performance or infringement
The organiser and, where relevant, the retail travel agency, shall be jointly and severally liable to the traveller for the proper performance of the package trip contract, notwithstanding the right of recovery between themselves derived from their respective management.
TWENTY. Reasons for exemption from liability
The organisers and retailers’ liability shall end when any one of the following circumstances occurs:
1.the defects observed in the performance of the contract are attributable to the passenger;
2.that these defects are attributable to a third party that is not related to the provision of the services contained in the contract and are unpredictable or insurmountable;
3.that the aforementioned defects are due to force majeure, taking into account those abnormal or unpredictable circumstances beyond the control of the person who depends on them, whose consequences could not be avoided despite having acted with due diligence, including possible modifications or a cancellation of part of the trip as a result of adverse weather conditions that prevent the full performance of the initially planned activities. In this last case, the organisation shall only undertake to provide transfers to hotels and/or provide the option to perform different activities, in which case, any additional costs shall be expressly accepted by the traveller;
4.that the defects must be due to an event that, despite acting with the necessary due diligence, the organiser could not anticipate or avoid.
In any case, the passenger shall adopt the appropriate and reasonable measures to try and reduce the damages that could derive from the non-performance or improper performance of the contract or stop them from becoming worse. All damages derived from failing to take these measures will be at the expense of the traveller.
Despite being exempt from liability, the organiser and retail travel agency, where applicable, shall continue providing the necessary assistance to travellers in difficulty.
The foregoing paragraph does not stipulate duty to provide assistance when the defects during the performance of the contract are only attributable to the traveller’s intentional or negligent behaviour.
TWENTY-ONE. Limitation of Liability
When the package trip is governed by international agreements, the compensation for bodily and non-bodily harm resulting from improper performance or behaviour shall be subject to the limitations established by the applicable law and, in all cases, the provisions of international conventions that regulate the subject, particularly the Athens Convention of 13 December 1974, amended by the Protocol to the Athens Convention, done at London on 19 November 1976 and the International Convention on Travel Contracts (Brussels, 23 April 1970) and the remaining provisions in force.
Non-bodily harm shall always be proven beforehand by the traveller. Under no circumstances shall the organiser be held liable for accommodation, meals, transport and other expenses as a result of late departures, nor costs of any kind of transport due to reasons of force majeure. If the trip includes land transport contracted directly or indirectly by the organiser, in the event of accident, with the purpose of safeguarding in all cases the compensation to which the passenger is entitled, they shall make the pertinent complaint against the transport entity. The same procedures must be carried out against the airline companies that correspond to the travel contract.
TWENTY-TWO. Liability for services not included in the package trip
1.The contractual liability regulations of the package do not apply to services such as excursions, attendance to sports or cultural events, visits to exhibitions or museums or similar activities that are not included in the total price of the package, which the traveller optionally contracts during the trip.
2.In the event that the organiser participates in the contracting of these services it shall be liable in accordance with the specific regulations of the contract it performs.
RESOLUTION OF DISPUTES
TWENTY-THREE. Applicable law and competent jurisdiction
This contract shall be governed and performed in accordance with Spanish legislation and shall be subject to the jurisdiction of the courts of the town of Vic and its higher courts, with the parties hereby waiving any other venue to which they may be entitled.
The contracting traveller (who also acts on behalf of the other contracting parties in whose name they made the booking) declare that they know and agree to waive their own jurisdiction and also agree to the designation of the specified legal jurisdiction in the event of dispute derived from the signature and/or execution of this contract and the trip it includes.
Notwithstanding the legal action to which they are entitled, travellers have a maximum of 30 days in which to make claims in writing before the organiser as a result of non-performance or the improper performance of the contract. Within a maximum of 30 days, depending on the obligations of the organising body by virtue of package trip management, it may reply in writing to the claims made within the stipulated maximum period. During this stage, the traveller and the agency may request mediation of the competent public authority or the bodies that are established to enable them to find a solution to the dispute by themselves that is satisfactory for both parties.
If it is not possible to settle the incident by complaining to the agency, the parties may submit the dispute to consumer arbitration or, in all cases, it may be resolved by a court. The organiser is not attached to any arbitration board to settle disputes.
If the dispute is not subject to consumer arbitration, the traveller may lodge a complaint before the courts of law indicated in these terms and conditions.
The legal actions derived from the travel contract are not enforceable after two years, from the day upon which they were exercised, in accordance with applicable legislation (RDL 1/2007).