PACKAGE TRAVEL GENERAL TERMS AND CONDITIONS
a) CONTRACTING OF A PACKAGE TRAVEL.
1. Booking request.
- 1. A consumer who wants to contract a package travel should make a booking request. After the request, the retailer or the organizer undertakes to make the necessary arrangements in order to get the booking confirmation according to the number of places available and the requested period.
- 2. At the time of the booking request, the agent may require the consumer a deposit equivalent to the 20% of the trip. If the agency confirms the booking, the amount paid will be assigned to the price of the trip. If the consumer withdraws its request before the booking confirmation, the agency will refund the deposited amount, once having deducted, where appropriate, the reasonable service fees.
- 3. If the consumer requests a tailor-made package travel, the agent may require the payment of an amount to prepare the project. If the consumer accepts the proposed package travel offered by the agent, and the agent can confirm the included services, the agent will assign the amounts previously paid to the price of the trip. If the agent cannot confirm the booking, the agent shall reimburse the amounts previously paid by the consumer.
- 4. Considering all the above mentioned cases, if the agent cannot provide to the consumer the requested travel and it offers to the same to take a similar or a different trip, unless it is otherwise indicated, it is understood that the offer remains in force for 24 hours. In such cases, the contract is concluded if the consumer accepts the offer within that period or within the period expressly established.
2. Persons with reduced mobility.
Persons with reduced mobility, prior to the booking request, must inform the retailer such condition, in order to consider the possibility and feasibility of the trip taking into account the characteristics of the same.
According to Regulation CE 1107/2006, a person with reduced mobility is a person whose mobility to participate in the trip is reduced as per a physical disability (sensory or locomotive, permanent or temporary) as per an intellectual or any other disability or handicap, or as per the age, and whose situation requires an appropriate attention and the adaptation to their particular needs of the services at the disposal of the other participants in the trip.
3. Booking confirmation.
The perfection of the contract takes place with the booking confirmation. From that moment, the travel package contract is binding for both parties.
- 1. When the perfection of the contract takes place, the consumer must pay an amount which shall not exceed the 40% of the package travel price or, where appropriate, he/she has to complete until said sum the amounts previously paid on account of the package travel.
- 2. The payment of the rest of the price will be made when the agency offers to the consumer the tickets, travel vouchers or any other essential document for the realization of the package travel. If the consumer does not make such payment, the agency will require him/she to make it in a fixed period. If the agency does not fix any deadline, the payment must be made no later than 7 days before the departure.
- 3. The agent may terminate the contract and apply the rules of the termination of the contract by the consumer before the departure if the consumer does not make any of the payments contemplated in the preceding paragraphs.
b) APPLICABLE RULES TO THE PACKAGE TRAVEL SERVICES.
- 1. The services included in the package travel contract arise from the information given to the consumer in the brochure or program, as well as from the indications concerning this information provided to the consumer when confirming the booking.
- 2. However, the organizer reserves the possibility to modify the information that appears in the brochure before the perfection of the contract. To that effect, it is necessary that those modifications had been communicated by written to the consumer.
Unless otherwise is mentioned in the brochure or it is provided in particular conditions:
- a) In those countries where there is an official classification of hotels or other accommodations, the brochure contains the tourist classification given in said countries.
- b) Check-in times depends on the established rules in each country.
- c) c) The triple or quadruple rooms or cabins are generally double rooms in which one or two beds are added, which usually are a sofa-bed or a folding bed, except in certain establishments where instead of additional beds, they use two larger beds.
7. Other services.
- 1. Generally, the full board includes continental breakfast, lunch, dinner and accommodation. The half-board, unless otherwise indicated, includes continental breakfast, dinner and accommodation. Usually, these meals do not include drinks.
- 2. Special diets (vegetarian or special regimens) are guaranteed only if the parties have previously agreed them.
- 3. 3. It shall be understood that the presence of pets is allowed in the trip if it is expressly indicated in the publicity and information of the trip. In the rest of scenarios, if the consumer wants to travel with his/her pet, he/she will have to communicate such request to the travel agent with the aim that the travel agent can inform him/her whether it is possible of not.
c) RIGHTS OF THE PARTIES BEFORE STARTING THE TRIP.
8. Alteration of the contract.
- 1. If at any time before the departure, the consumer requests changes related to destinations, means of transport, duration, calendar, travel itinerary or any other change referred to services, and the agency can make them, the agency may require the payment of the additional costs that this alteration causes, and a service fee for the booking alteration which cannot exceed of the 3% of the total price.
- 2. Before the departure, the travel agency can only make the changes that are necessary for the successful execution of the package travel and that are not significant. It is considered that the necessary changes are significant when they do not allow the execution of the trip according to its general and special features.
- 3. In the event that the travel agent is constrained to alter significantly any of the essential terms of the contract, it shall immediately inform about it to the consumer. In such scenario, the consumer may be entitled to take appropriate decisions and in particular: (i) either to withdraw from the contract without penalty; (ii) or to accept a rider to the contract specifying the alterations made and their impact on the price. The consumer must communicate his/her decision to the agency within three days after the alteration is notified. If the consumer does not communicate its decision within said period, it is understood that he/she chooses to withdraw from the contract without penalty.
9. Revision of the price.
- 1. The agency can only revise the price upwards or downwards, if said revision takes place before the 20 days prior to the departure and it is not significant, which means, that the upward revision does not exceed of a 15% of the trip price. Moreover, said revision can only be carried out to adjust the price to the following variations:
- a) Transportation costs, including the cost of fuel.
- b) Dues, taxes or fees chargeable for certain services, such as landing taxes or embarkation or disembarkation fees at ports and airports.
- c) The exchange rates applied to the particular package.
- 2. The revised price is determined taking as a reference the exchange rates of the destination country, and the prices, taxes and fees applicable on the date when the brochure has been issued.
In case of routes that include two or more countries, the exchange rate used as a reference is the US Dollar in the same date. If the price revision represents an increase of more than the 15% of the price tour, the agency shall immediately inform the consumer, who can withdraw from the contract without penalty. The consumer must communicate the decision to the agency within the next three days to the alteration. If the consumer does not communicate its decision within said period, it is understood that he/she chooses to withdraw from the contract without penalty.
10. Consumer rights in the event of withdrawal from the contract.
- 1. In the event that the consumer, in accordance with the previous paragraphs, withdraws from the contract, he/she can choose between:
- a) To be repaid before 14 calendar days all sums paid by him/her under the contract, or
- b) If the agency can offer it, to take a substitute package travel of equivalent or higher quality. If the offered trip is of higher quality, the agency cannot require any additional cost. If the replacement package offered is of lower quality, the organizer shall refund the difference in price to the consumer.
- 2. In both cases, the consumer is entitled to claim the compensation for the cancellation of the trip established in Section 13 below and in the same terms.
11. Transfer of the booking.
- 1. The consumer may transfer his/her booking to a person who satisfies all the conditions applicable to the package as set forth in the brochure and in the package travel contract.
- 2. The transfer must be communicated to the agency by any means and it will be free if it receives the communication with a minimum of fifteen days before the date of the trip. If it takes place after said date and the agency can accept it, it can require a service fees not exceeding of the 3% of the price of the trip.
- 3. In any case, the transferor of the package and the transferee shall be jointly and severally liable to the organizer or retailer party to the contract for payment of the balance due and for any additional costs arising from such transfer.
12. Consumer right of termination of the contract before the departure.
- 1. At any moment the consumer may decide to cancel the services requested or contracted, being entitled to a refund of the amounts previously paid, but he/she must compensate the organizer or retailer in the amounts indicated below, except that the resolution takes place due to force majeure:
- A) If the package travel is not subject to special conditions of contract:
- 1. Service fees;
- 2. Cancellation expenses, if there are any, and
- 3. A penalty consisting of 5% of the total amount of the trip if the cancellation occurs more than 10 and less than 15 days prior to the date of commencement of travel; 15% between 3 and 10, and 25% within 48 hours prior to the departure.
- B) If the package is subject to special conditions of contract, such as charter aircraft, ships, or other similar special rates, the service fees, cancellation expenses and penalties established for according to the terms agreed between the parties.
- A) If the package travel is not subject to special conditions of contract:
- 2. In any case withdrawal shall take effect from the time when the will to stop the consumer comes to the knowledge of the agency.
13. Cancellation of the contract by the organizer
- 1. The cancellation of the contract, by any cause not attributable to the consumer, entitles him/her to withdraw from the contract with the rights provided in Section 10 above.
- 2. If the cancellation of the package travel is notified within the two months prior to the departure of the package travel, the agency shall have to pay to the consumer a compensation depending on the time that is still left until the departure date of the package travel, that it shall have to be at least of:
- a) The 5% of the price of the package travel if it takes place with more than 15 days and less than 2 months prior to the departure of the package travel.
- b) The 10% of the price of the package travel, if it takes place between 15 and 3 days prior to the departure date.
- c) The 25% of the price of the package travel, if it takes places within the 48 hours prior to the departure date.
- 3. There is no obligation of compensation in the following scenarios:
- a) If the cancellation is on the grounds that the number of persons enrolled for the package is lower than the minimum number required for celebrating the package travel, according to what it was informed in the brochure or in the package travel contract.
- In such case, the agency shall have to notify by written the cancellation to the consumer before the deadline established to that effect in the brochure or in the contract.
- If there is not an indicated deadline, the agency has to notify the cancellation at least 10 days prior to the departure date.
- b) When the cancellation is due to a force majeure cause. It is considered a force majeure cause the unusual and unforeseeable circumstances, beyond of the control of the agency, the consequences of which could not have been avoided if all due care had been exercised.
14. No show at the departure of the package travel
- 1. 1. It is considered a “No show” when the consumer does not notify to the agency his/her will of not making the package travel and he/she does not appear at the place of the departure at the time foreseen for the departure of the package travel.In such case, he/she loses the right of reimbursement of the amounts previously paid and he/she continues obliged to pay the amounts pending of payment.
- 2. However, if the no show is due to a force major cause, the consumer shall have the right to the reimbursement of the amounts previously paid, once having deducted to said amount the service fees and the cancellation expenses.
To these effects, it shall be considered as a force majeure cause the death, accident or serious illness of the consumer or of any of the persons with whom he/she lives, or any analogous scenario that prevents him/her from making the package travel and which prevents him/her from communicating such impossibility to the agency before the departure of the package travel.
d) DUTIES AND RIGHTS FROM THE PARTIES ONCE HAVING BEGUN THE PACKAGE TRAVEL
15. Breach of the contract or lack of rendering of services
- 1. When the consumer verifies, during the package travel, that there is any defect or that there is a lack of rendering of any of the contracted services, he/she shall have to notify it in the same place and as soon as possible to the organizer or to the retailer and, when applicable, to the concerned supplier of service. Such communication shall have to be made by written or by any means which allows its record. After receiving such communication, the retailer or the organizer shall have to act with diligence to find suitable solutions.
16. Impossibility of rendering an important part of the services by the organizer
- 1. Where after departure, a significant proportion of the services contracted for is not provided or the organizer perceives that it will be unable to procure a significant proportion of the services to be provided, the organizer shall make suitable alternative arrangements, for the continuation of the package.
It is considered an important part of the services provided in the contract, those services, whose lack of rendering prevents the normal development of the package travel and which cause that it is not reasonable to expect that the consumer, in said kind of package travel, continue the same in such circumstances.
- 2. The agency shall not be entitled to ask for any extra cost to the consumer for the adopted solutions for the continuation of the package and, where appropriate, it shall have to compensate the consumer as per the difference between the services offered and those supplied.
- 3. If the consumer expressly or tacitly accepts the proposed solutions by the agency, he/she shall not have any right of compensation for such modifications. It shall be considered that he/she tacitly accepts these proposals if he/she continues the package travel with the solutions provided by the organizer.
- 4. If the solutions adopted by the organizer are unfeasible or the consumer does not accept the same for reasonable reasons, the agency shall have to:
- a) Provide the consumer, at no extra cost, with equivalent transport back to the place of departure, or to another return-point to which the consumer has agreed, if the package travel includes the return trip.
- b) Return him/her the price paid with the deduction of the amount of the services supplied until the end if the package travel, unless that the defect that prevents the continuation of the package is attributable to the consumer.
- c) Pay him/her the appropriate compensation.
17. Cancellation of the trip by the consumer during the same
- 1. The consumer has the right to cancel the trip once it has begun, but he/she shall not be entitled to request the reimbursement of the amounts previously paid and he/she shall be obliged to pay the pending amounts.
- 2. If the cancellation by the consumer is due to an accident or to an illness of the consumer, that prevents him/her from continuing the trip, the agency shall be obliged to provide the necessary assistance, and, where applicable, compensate the consumer for the difference between the services offered and those supplied, once deducted the applicable cancellation expenses duly justified.
- 3. In both cases, any additional costs caused by the cancellation of the trip by the consumer, and particularly those of repatriation or relocation to the place of origin, should be borne by the consumer.
18. Consumer duty to collaborate to the normal development of the trip.
- 1. The consumer must comply with the instructions given by the agency for the proper execution of the trip, as well as the regulations that are generally applicable to the users of the services included in the package. In particular, in case of group travels, the consumer must keep all due respect to other participants and he/she must keep a behaviour that does not harm the normal development of the trip.
e) CONTRACTUAL LIABILITY FOR DEFECTIVE PERFORMANCE OR BREACH OF CONTRACT.
- 1. The travel agency shall be liable before to the consumer for the proper performance of the obligations arising from the contract, regardless that such obligations are to be performed by them or by other suppliers of services.
20. Causes of release of liability.
In the following scenarios, organizers and retailers shall not be deemed liable:
- a) When the failures that occur in the performance of the contract are attributable to the consumer.
- b) When such failures are attributable to a third party unconnected with the rendering of the services contracted for, and are unforeseeable or unavoidable.
- c) When such failures are due to a case of force majeure which are defined as unusual and unforeseeable circumstances beyond the control of the party by whom it is pleaded, the consequences of which could not have been avoided even if all due care had been exercised.
- d) When such failures are due to an event, which the organizer and/or retailer or the supplier of services, even with all due care, could not have been foreseen or overcome.
21. Duty of assistance of the agency.
- 1. The organizer and the retailer, despite being released of liability, shall continue being obliged to provide prompt assistance to the consumer in difficulty.
- 2. The duty of assistance provided in the previous paragraph shall not be applicable when the failures produced during the performance of the contract are attributable in exclusive to an intentional or negligent behaviour of the consumer.
22. Limitations in the liability according to international conventions.
If the services involved in the package are governed by international conventions, the compensation for damages arising from the non-performance or improper performance of such services shall be subject to the limitations established by said Conventions.
23. Limitation of liability in the matter of damage other than personal injury
- 1. If the services involved in the package are not governed by International Conventions:
- a) The compensations for damages other than personal injury shall be limited for all the concepts at twice the price of the package travel, including moral damages not arising from a personal injury and the reimbursements that have to be made.
- b) The compensation of the organizer for the damages arising from the loss or damage in the luggage shall be limited to 350 €.
- 2. The abovementioned limitations shall not be applicable if the agent or the suppliers of services have provoked intentionally the damages or they have acted recklessly, knowing that these damages could occur.
24. Information on provisions applicable to passports, visas and vaccines.
- 1. The agent has the duty to inform the citizens of the European Union about the health formalities required the trip, as well as of the applicable conditions on passports and visas. The agency will be liable for the correctness of the provided information.
- 2. The consumer shall obtain the necessary documents for the trip, including passport and visa, and the documents regarding health formalities. All damages arising from the lack of such documentation shall be at their own risk, and in particular, the expenses incurred for the interruption of the trip and the eventual repatriation.
25. Liability for services not included in the package travel.
- 1. he rules of contractual responsibility of the package travel are not applicable to services such as excursions, attendance to sports or cultural events, visits to exhibitions and museums, or similar, which are not included in the total price of the package travel and that the consumer contracts on an optional basis when contracting the package.
In these cases, the agency shall indicate the consumer the optional nature of the services and that they are not part of the package.
- 2. If the agency is involved in the contracting of these services, it shall be liable according to the specific rules applicable to the corresponding contracts.
f) CLAIMS AND ACTIONS ASSOCIATED TO THE CONTRACT.
26. Applicable law.
This package travel contract is governed by the agreement of the parties and the provisions of these general terms and conditions, the regulations applicable depending on the region, and subsidiary, by the provisions of the Spanish Royal Legislative Decree 1/2007 of 16 November, by means of which it is approved the General Law for the defence of consumers and users and other complementary laws (Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de Consumidores y Usuarios y otras leyes complemetnarias).
27. Claims to the agency.
- 1. Notwithstanding the legal actions that the consumer has, the consumer is entitle to submit written claims to the travel agent due to the non-performance or the improper performance of the contract.
- 2. No later than 30 days after the notice of the claim, the travel agent must answer the claim by written.
- 3. At this stage, the consumer and the agency may ask for the mediation of the relevant authorities or the organizations to that effect, to find a solution to the conflict that is satisfactory to both parties.
- 4. If the conflict cannot be solved through the claim before the agency, the consumer may submit it to Consumer Arbitration if the claimed agency has previously adhered to the Consumer Arbitration System or if despite not being adhered, it accepts the arbitration request. Likewise, in any case the consumer can claim in the courts.
28. Consumer Arbitration.
- 1. If the agency, to whom the claim is filed, has previously adhered to a Consumer Arbitration System, the consumer may address the complaints to the Consumer Arbitration Board that is competent in the place where the contract was formalized or where it has adhered.
- 2. The claims related to intoxication, injuries, death or reasonable signs of crime cannot be subjected to Consumer Arbitration.
- 3. Unless something else is stated in the public offer of submission to the Consumer Arbitration System, the arbitration shall be in law and the arbitration procedure shall be governed by the Spanish Royal Decree 231/2008, of 15th February.
- 4. The arbitration award rendered by the Consumer Arbitral Tribunal shall decide the claim submitted as final and binding for both parties.
29. Legal Actions.
- 1. If the dispute is not subjected to consumer arbitration, the consumer may claim before the courts of the place of the conclusion of the contract.
- 2. The time limit to interpose legal actions arising from the package travel contract is of two years, counting from the day that the trip ends or the date in which the trip would have had to end.