The combined trip contract

Booking request

  1. Consumers who wish to hire a combined trip should make a booking request. After this request, Retail Agency or, in your case, the organizing agency, undertakes to make appropriate efforts to obtain the confirmation of the reservation according to the number of seats available and the period for which it has requested.
  2. At the time of the request for the reservation, the Agency may apply to consumer deposit a sum equivalent, maximum, the 20% the price of the journey of the reservation requested. If the booking is confirmed, the delivered amount will fall within the price of the trip. If the consumer withdraws his application of booking before confirmation, be reimbursed the sum deposited, deducted, in your case, management costs that are reasonable.
  3. If the consumer requests the preparation of a package tailor-made, the Agency may require the payment of an amount for the preparation of the project. If the consumer accepts the offer of package elaborated by the Agency, and this can confirm the services that understand, the delivered amount will fall within the price of the trip. Whenever it cannot confirm them, the Agency must return the quantities delivered by the consumer.
  4. In all the previous cases, If the Agency can not offer the requested journey and offers consumers the realization of a different journey, unless otherwise expressly stated, means that he keeps this offer during 24 hours. In these cases, the contract shall be perfected if the consumer accepts the offer within this period or which has been expressly established.

 

People with reduced mobility

Persons with reduced mobility, before proceeding to the reservation request, retailer must inform the agency such a situation, in order to assess the possibility and feasibility of the tour according to their characteristics .

In accordance with the EC regulation 1107/2006, It is understood as a person with reduced mobility, any person, the mobility of the, to participate in the trip, is reduced due to physical disability (sensory or locomotor, permanent or temporary), disabilities or intellectual impairment, or any other cause of disability, or by age, in which your situation requires appropriate attention and adaptation to his particular needs of the service made available to the other participants in the travel.

 

Booking confirmation

The perfection of the combined trip contract occurs with the confirmation of the reservation. From that moment the package tour contract is obligatory for both parties.

 

Payment of the price

  1. At the time of the completion of the contract, the consumer will have to pay a sum corresponding to the 40% the price of the package tour or, in your case, make up to that amount the quantities delivered to account. If the consumer does not such payment, the Agency will require you to make perform it in the reasonably short term that laid.
  2. The payment from the rest of the price will be made when the Agency offers delivery to the consumer of fare, bonds of travel or any other document necessary for the proper execution of the services forming the package. If the consumer does not such payment, the Agency will require you to make perform it within the period which laid. If do not set you term, means that the payment must be a maximum 7 days prior to departure.
  3. The Agency can terminate the contract and apply the rules established for the withdrawal before departure if the consumer does not any expected payments in the preceding paragraphs in the term that corresponds.

 

Rules applicable to the performance of the combined trip

Benefits

  1. The features that integrate the combined trip contract result from the information provided to the consumer in the prospectus or program, as well as data relating to this information that have been made to confirm the booking.
  2. However, the organizing agency reserves the right to modify the information contained in the brochure before the completion of the contract. To be valid, changes to such information have to be communicated clearly in writing to the consumer.

Accommodation

Unless stated otherwise in the brochure or are available under particular conditions:

  • In relation to those countries in which there is official classification of hotel establishments or any other type of accommodation, the brochure includes tourist classification given in the corresponding country. In those in which there is no official classification, the category indicated in the brochure is simply indicative. In any case, the Agency must ensure greater correspondence between used qualification and the expectations that it can generate reasonably in a Spanish consumer.
  • Hours of occupation of the rooms depends on the norms established in each country. As a general rule, the room can be occupied from fourteen hours on the day of arrival and must be vacated before twelve o'clock on the day of departure, regardless of the hour that is provided for the arrival at the hotel or time that is provided for the continuation of the journey.
  • Rooms or cabins of a boat triple or quadruple are usually double rooms to which is added one or two beds, you tend to be a sofa bed or a folding bed, except in certain establishments where, instead of additional beds, two bigger beds are used.

 

Transport

  1. The consumer must be in place for the exit in advance of the agency or, failing, by brochure. As a general rule, in the case of air transport, the minimum advance is an hour and a half on the departure schedule.
  2. If the consumer could not make the trip by not have arisen in the required advance, shall apply the system provided for by paragraph 15 for the non-submission to the output or, in your case, the provisions of the paragraph 13 for the withdrawal of the consumer.
  3. Loss or damage that occurs in terms of luggage hand or other objects that consumer takes and retains in its custody are exclusively at own risk.

 

Other services

  1. As a general rule, the full Board includes continental breakfast, lunch, dinner and accommodation. Half-board, unless stated otherwise, includes continental breakfast, dinner and accommodation. As a general rule, in these meals do not include drinks.
  2. Special diets (vegetarian or special arrangements) they are only guaranteed if they have been agreed by the parties in particular conditions.

 

Rights of the parties before the trip

Modification of the contract

  1. If at any time prior to departure the consumer wish to request changes referred to destinations, to the means of transport, to the duration, to the calendar, to the route of the contracted travel oa any other end on the performance and the Agency can make them, This may require
    payment of justified additional costs that have caused these changes, as well as a premium by modification of the reserve which may not exceed the 3% the price of the travel.
  2. Prior to departure, the Agency can only make changes that are necessary for the good end of the package and are not significant. Considered that the necessary changes are significant if they impede the accomplishment of the purposes of the, According to its General or special features.
  3. In the event that the Agency is forced to make significant changes it shall immediately inform of the consumer. This may choose to accept the modification of the contract which if introduced variations and their impact on the price, or to terminate the contract. The consumer must communicate the decision taken by the Agency in the three days following which the modification is notified. If the consumer does not communicate its decision within the period indicated, means that you opt for termination of the agreement.

Price review

  1. The Agency may only revise the price, upward downward oa, provided that such revision will occur before of the 20 days prior to departure and that it is not significant, i.e., superior to the 15% the price of the travel. In addition, This review can only be performed to adjust the amount of the price of the trip to variations:
    • The exchange rate applied to the organized tour.
    • Transport included in the trip price, including the cost of fuel.
    • Rates and taxes relating to certain services, as airport taxes, boat, landing and others included in the price.

     

  2. The revised price shall be determined by reference to the value of the currency of the country of destination and the prices, rates and taxes applicable to the date of issue of the prospectus.
    In the case of circuits that include two or more countries, taken as a reference exchange rate is that of the US dollar on the same date.
    If the revision of the price increase top to the 15% the price of the travel, the Agency shall immediately inform the consumer, You can terminate the contract.
    The consumer must communicate the decision taken by the agency within three days once be notified amendment. If the consumer does not communicate its decision within the period indicated, means that you opt for termination of the agreement.

Rights of the consumer in the event of a resolution

  1. In the event that the consumer, in accordance with the preceding paragraphs, meet the contract can choose between:
    • That it reimburse you within a maximum period of one month all the amounts paid, o
    • What, whenever the Agency can propose it, offer a substitute package of equivalent or higher quality. If the trip offered is of superior quality, the Agency not required supplement. You can also accept the realization of a low grade trip, but in this case the Agency deducted the price difference.
  2. In both cases, the consumer has the right to claim the indemnity provided for the event of the cancellation of the trip referred to in 14 and in their same concepts.

 

Transfer of the reserve

  1. The consumer may transfer your booking to a person who satisfies all the conditions required in the brochure and the contract for the combined trip.
  2. The transfer must be communicated by any means to the Agency and will be free if it receives the communication with a minimum notice of fifteen days from the date of departure. If you want to carry out later and the Agency can accept, It may require a premium consumer assignment not exceeding of the 3% the price of the travel.
  3. In any case, consumer and the person who has transferred the reserve respond jointly and severally liable to the Agency of the payment of the rest of the price, as well as justified additional costs that might have caused the transfer.

Right of withdrawal for the consumer

  1. The consumer has the right to withdraw from the travel contract at any time prior to departure. However, If this rejection occurs inside of the 15 days prior to the departure, You must pay a penalty depending on the time remaining for output, that will be of:
    • The 5% the price of the travel, If occurs in advance of more of 10 and less than 15 days.
    • The 15% the price of the travel, If occurs in advance of the 10 and 3 days.
    • The 25% the price of the travel, If occurs inside of the 48 hours prior to the departure.
  2. The consumer will not have to pay percentage by concept of penalty if the dismissal takes place due to force majeure. For these purposes, shall be considered force majeure death, accident or serious illness of the consumer or of any people who live together, or any analogous event which prevents him from participating in the trip.
  3. In all cases, the consumer must pay the expenses of management and cancellation that produces a rejection.
  4. The rejection produces effects from the moment in that willingness to withdraw from the consumer comes to the knowledge of the Agency.
  5. Known the rejection, the Agency will refund the consumer the amounts paid within a maximum period of one month, deducting the expenses of management and, in your case, the justified cancellation fees and penalties.
  6. If the package were subject to special economic conditions of recruitment, such as freight aircraft, ships, Special rates or other similar, management expenses, the cancellation fees and penalties will be stating explicitly the brochure for that trip or agreed privately in the contractual document.

Cancellation of the trip by the Organizer

 

  1. The cancellation of the trip, for any reason that is not attributable to the consumer, It entitles you to terminate the contract with the rights provided for in 11.
  2. If the cancellation of the trip is communicated within the two months prior to the departure, the Agency must pay the consumer compensation depending on the time remaining for output, that minimum will be of:
    • The 5% the price of the trip if it occurs in advance of more of 15 days and less than 2 months.
    • The 10% the price of the travel, If occurs in advance of the 15 and 3 days.
    • The 25% the price of the travel, If occurs in the 48 hours prior to the departure.
  3. There is no obligation to compensate in the following cases:
    • When the cancellation is due to the number of people registered is lower than required in the brochure or on the contract for the combined trip.
      In this case, the Agency should communicate in writing cancel consumer before the deadline set in the prospectus or in the contract.
      Failing, the Agency must notify the cancellation with a minimum advance of ten days to the date of departure.
    • When the cancellation of the trip is due to causes of force majeure. Are causes of force majeure the circumstances beyond the Agency, abnormal and unforeseeable, the consequence of which could not have been avoided, Despite having acted with proper diligence.

 

 

Non-submission to the output

  1. There will be lack of presentation to the output if the consumer does not communicate its willingness not to make the trip and doesn't stand for the time and place for the exit.
    In this case, you lose your right to a refund of the quantities delivered and still forced to pay that were outstanding.
  2. However, If the lack of presentation takes place due to force majeure, the consumer is entitled to be returned quantities delivered, deducting management costs and cancellation costs.
    For these purposes, shall be considered force majeure death, accident or illness serious consumer or any people who live together, or any analogous event which prevents him from participating in the trip and communicate to the Agency this impossibility before departure.

 

Rights and duties of the parties after starting the journey

Defective performance or lack of provision of services

  1. When the consumer check, during the trip, that there is a defect or if there is lack of provision of a service, You must communicate it in the same place and as soon as possible to the organizer or retailer and, in your case, the provider of the service concerned. The communication must be in writing or in any manner that it be recorded. After receiving the communication, the organizer or the retailer must act diligently to find appropriate solutions.
  2. If you make such communication in the time and in the manner indicated, the document attesting it will exempt it from provide further evidence of the existence of the defect, unless the Organizer, the retailer or service provider have been subject in the presence of the consumer that the defect does not exist or that does not meet the stated characteristics, and you have done so include.
  3. If the consumer does not perform such communication in the time and in the manner indicated, You must try the defects which it relies in accordance with the general criteria of evidence and will be your account all damages that occur or that become serious for his lack of communication.

Failure to provide an important part of the services by the Organizer

The Agency shall adopt the appropriate solutions for the continuation of the journey if once started, this does not provide or verifies that it cannot supply an important part of the services specified in the agreement.
They are an important part of the services provided for those whose lack of preparation prevents the normal development of the trip and cause it's not reasonable hope that the consumer, in the midst of this kind of trip, continue in these circumstances.

  1. The Agency may not request supplement by the solutions adopted for the continuation of the journey and shall pay any difference between expected benefits and provided consumer.
  2. If the consumer accepts expressly or tacitly the solutions proposed by the Agency not entitled to compensation by these modifications. Will be deemed that you consent tacitly proposals if you continue the journey with the solutions given by the Organizer.
  3. If the solutions adopted by the organiser were unfeasible or the consumer does not accept them by reasonable grounds, the Agency should:
    • Provide equivalent to the contracted transport on the journey to return to the place of exit oa any other agreed by both, If the contract includes the return trip.
    • Refund to you the price paid with a deduction of the amount of the benefits provided to you until you finish the journey, except if the defect that prevents the continuation of the travel is attributable to the consumer.
    • The compensation that proceed to pay.

 

Rejection of the consumer during the trip

  1. The consumer has the right to withdraw from the contract for package once begun the journey, but it cannot claim the return of the quantities delivered and will continue to be forced to pay those who are outstanding.
  2. If the rejection is due to accidental oa a disease of the consumer that prevents him from continuing the journey, the agency is required to provide the necessary assistance and, in your case, to pay the amount of the difference between the benefits provided and those provided, due to the duly justified annulment costs that correspond to.
  3. In both cases, all the additional costs incurred by the withdrawal, and in particular repatriation or transfer to the place of origin, are at the expense of the consumer.

Consumer collaboration duties to normal travel development

  1. The consumer must comply with the instructions provided by the agency for the proper execution of the trip, regulations that apply generally to users of the services covered by the package tour. In particular, in the group travel it will keep due respect to other participants and observed conduct that does not harm the normal development of the trip.
  2. Serious breach of these duties empowers the Agency to resolve the package tour contract. In this case, If the contract includes the return trip, the Agency will provide consumer equal to the contracted transport on the journey to return to the place of exit oa any other agreed by both. The Agency shall have the right, In addition, the compensation that appropriate damages attributable to the consumer behavior.

Contractual liability for defective performance or breach

Distribution of responsibility

  1. The organizing agency and agency retailer will respond against the consumer of the correct performance of the contract package on the basis of obligations assigned them by their respective scope of management of the combined trip.
  2. The organizing agency and agency retailer respond to consumer both if them same run benefits included in the package as if their assistants or other service providers perform them.
  3. The organizing agency, as that plan package, You must answer for damage caused to the consumer by the non-execution or poor workmanship of covered benefits in the combined trip as well as for damages derived from any breach of any other obligation that corresponds to its management scope in accordance with the applicable legislation.
  4. Retail Agency, being that sells or offers for sale the package proposed by one agency Organizer, You must answer for damage caused to the consumer for the mistakes he has committed to inform you about the package, by having omitted information that should provide, by not having delivered the documentation necessary for the proper performance of the trip and, in general, by having failed to fulfil any other obligation that corresponds to the scope of management in accordance with the applicable legislation .

Causes of exemption from responsibility

The responsibility of organisers and retailers will stop when any of the following circumstances:

  1. That the defects observed in the execution of the contract are attributable to the consumer.
  2. That such defects are attributable to a third party, non-provision of the services provided for in the contract and are unpredictable or insurmountable.
  3. That the defects referred to are caused by force majeure, understood by force majeure those circumstances outside those who invoke them, abnormal and unforeseeable, whose consequences could not have been avoided, despite having acted with due diligence.
  4. That the flaws are owed to an event that the detailed enlist or the organizer, despite having put all the necessary diligence, I couldn't foresee or overcome.

Consumer duty to reduce harm

In any case, the consumer is obliged to take appropriate and reasonable measures to try to reduce the damages that may arise from non-execution or poor performance of the contract or to prevent them from aggravating. Damages arising from not having taken these measures will be at the consumer's own.

 

Agency duty of assistance

  1. The organizing agency and the detailed agency, despite being exonerated of liability, will continue to be required to provide the necessary assistance to the consumer in difficulty.
  2. There will be no duty of assistance provided for in the previous paragraph where defects during the performance of the contract are exclusively attributable to the intentional or negligent conduct of the consumer.

Limitations of liability of international conventions

When the services of the package travel contract are governed by international conventions, Reparation or compensation for bodily and non-bodily injury resulting from non-performance or malperformance shall be subject to such limitations as may be established therein..

 

Limitation of liability for non-bodily injury

  1. When the benefits of the package are not governed by international conventions:
    • Compensation for non-bodily injury will be limited for all respects to twice the price of the trip., including moral damages not arising from a bodily injury and repayments to be made.
    • the compensation of the organizing agency for damages for loss or damage to baggage shall be limited to 350 €.
  2. Will not govern the limitations provided for in the two preceding paragraphs if agency or service providers have intentionally caused the damage or have acted recklessly knowing that would probably result.

Provisions applicable to Passport information, Visas and vaccinations

  1. The agency has the duty to inform about the sanitary formalities necessary for the trip and the stay, as well as the conditions applicable to citizens of the European Union with regard to passports and visas and will be responsible for the correction of the information it provides.
  2. The consumer must obtain the necessary documentation to make the trip, including passports and visas and health formalities. All damages that may arise from the lack of this documentation will be borne by and, in particular, the costs incurred as a result of the interruption of the journey and its eventual repatriation.
  3. If the agency accepts the consumer's order to process the necessary visas for any of the destinations provided for in the itinerary, You may demand the payment of the cost of the visa as well as the management costs for the procedures to be carried out before the corresponding diplomatic or consular representation.

In this case, The Agency shall be liable for damage attributable to it in accordance with the diligence normally required for delays in obtaining the necessary documentation or for lack or insufficiency thereof..

Liability for air transport incidents

When the airline cancels a flight or incurs a long delay, it will be responsible for providing adequate assistance and attention to the affected passengers., having to assume the expenses of meals, calls, Transport and overnight stay if applicable, under the provisions of the EEC Regulation 261/2004, laying down the
Common rules on compensation and assistance to air passengers in cases of refusal of boarding and cancellation or long delay of flights.

In case of flight cancellation, You will also be obliged to pay the corresponding compensation to the passenger, as well as to refund the price of the plane ticket if the passenger opts for this option. If the cancellation is due to extraordinary circumstances that could not have been avoided, even, if all reasonable steps have been taken, The operating air carrier will not be obliged to pay compensation, but will be obliged to provide the relevant assistance and care to the passengers concerned and to reimburse them the price of the ticket if they opt for this option..

 

Liability for services not included in the package

  1. The rules of contractual liability of the package are not applicable to services such as excursions, attendance at sporting or cultural events, visits to exhibitions or museums, or similar, that are not included in the overall price of the combined trip and that the consumer contracts on an optional basis on the occasion of the trip or during its course.
    In these cases, The agency must indicate to the consumer the optional nature of the service and that it is not part of the package.
  2. If the agency intervenes in the contracting of these services, it will respond in accordance with the specific rules of the contract it carries out..

 

Claims and actions arising from the contract

Applicable law

This package travel contract, It is governed by what was agreed by the parties and by the provisions of these General Conditions, to the current regional regulations, at the place of conclusion of the contract and, failing, by the provisions of the Royal Decree 1/2007, of 16 November, which approves the revised text of the general law for the defence of consumers and users and other complementary laws.

 

The Agency claims

  1. Without prejudice to legal actions which assist you, the consumer may make written claims for non-execution or poor performance of the contract before the Agency retailer within a maximum of 30 days, from that which should finish the trip.
  2. Within one maximum of others 30 days, the organizing agency or agency retailer, According to the obligations which they are entitled by their respective scope of management of the combined trip, they must answer in writing the claims within the time.
  3. In this phase, The consumer and the Agency may request the mediation of the competent Administration or the bodies that are constituted for this purpose to find a solution to the conflict themselves., that is satisfactory for both parties.
  4. If the conflict cannot be resolved by complaining to the agency, The consumer may submit it to consumer arbitration if the agency complained of had previously adhered to the consumer arbitration system, o, In any case, , claim by judicial means.

Consumer Arbitration

  1. If the agency complained of had previously adhered to the consumer arbitration system, the consumer may address their claims to the Consumer Arbitration Board of regional scope that is competent in the place of conclusion of the contract or to the one to which he has adhered, within a maximum period of 3 months, from the day the trip was due to end.
  2. Claims involving intoxication may not be subject to consumer arbitration, injury, death or there are reasonable grounds for a crime.
  3. Unless otherwise fixed in the public offer of submission to the consumer arbitration system, the arbitration will be of law and the arbitration procedure will be governed by the provisions of the Royal Decree 231/2008, of 15 February. It shall be limited to claims of an amount less than 1.000 € per person and a maximum total of 5.000 € per claim.
  4. The award issued by the arbitral tribunal appointed by the Consumer Arbitration Board will resolve the claim presented definitively and will be binding on both parties.

Proceedings

  1. If the dispute is not subject to arbitration of consumer, the consumer can claim through the courts to the courts of the place of conclusion of the contract.
  2. The consumer may only be sued in the courts of the place of conclusion of the contract.
  3. Legal actions arising from the contract for package prescribed by the course of the term of 2 years, from the day the trip was due to end.