A) Contracting the package trip
1. Pre-contract information
1. Before the traveler is bound by any combined travel contract or corresponding offer, the organizing agency or, where appropriate, the retail agency, will give the traveler the standard information form for combined travel contracts, as well as the rest of the characteristics and information of the trip in accordance with the provisions of current legislation.
2. People with reduced mobility who wish to receive precise information on the suitability of the trip according to their special needs, in order to assess the possibility and feasibility of contracting the trip according to its characteristics, must notify the organizing agency or, where appropriate, the retail agency, so that information can be provided.
As established in EC Regulation 1107/2006, a person with reduced mobility is understood as any person whose mobility to participate in the trip is reduced due to physical disability (sensory or locomotive, permanent or temporary), disability or intellectual deficiency, or any other cause of disability, or due to age, and whose situation requires adequate attention and adaptation to their particular needs of the service made available to the other participants during the voyage.
3. The pre-contractual information provided to the traveler in accordance with sections a),c),d),e) and g) of article 153.1 of Royal Legislative Decree 1/2007, will form an integral part of the package travel contract and will not be modified unless the travel agency and the traveler expressly agree. The organizing agency and, where appropriate, the retail agency, before entering into the package travel contract, will communicate to the traveler in a clear, understandable and prominent manner, all changes to the pre-contractual information.
2. Information on provisions applicable to passports, visas and vaccinations
1. The organizing agency or, where appropriate, the retail agency has the duty to inform about the health formalities necessary for the trip and the stay, as well as about the conditions applicable to travelers in terms of passports and visas, including the approximate time to obtain visas, and will be responsible for the validity of information provided.
2. The traveler must obtain the necessary documentation to make the trip, including passport and visas and health requirements. All damages that may arise from the lack of this documentation will be at travellers expense, and in particular, the expenses caused by the interruption of the trip and eventual repatriation.
3. In the case of the organizing agency or, where appropriate, the retail agency accepts the traveler's request to process the necessary visas for any of the destinations included in the itinerary, it may demand payment of the cost of the visa, as well as travel expenses. Management for the procedures that must be carried out before the corresponding diplomatic or consular representation. In this case, the agency will be liable for the damages attributed.
3. Reservation request
1. The traveler who wishes to contract a package trip makes a "reservation request". Following this request, the retail agency or, where appropriate, the organizing agency, undertake to take the appropriate steps to obtain confirmation regarding the reservation.
2. If the traveler requests the explination of a proposal for a tailor-made combined trip, the agency may require the payment of an amount for the preparation of the project. If the traveler accepts the combined trip offer prepared by the agency, the amount delivered will be charged to the price of the trip.
3. If the agency has agreed to manage the reservation, it will be responsible for technical errors that occur in the reservation system that are attributable to it and for errors made during the reservation process.
4. The agency will not be held responsible for reservation errors attributable to the traveler or that are caused by unavoidable and extraordinary circumstances.
4. Confirmation of the reservation
The preparation of the combined travel contract occurs with the confirmation of the reservation. From that moment on, the combined travel contract is mandatory for both parties.
5. Payment schedule
1. At the time of confirming the reservation, the consumer must pay 20% of the price of the combined trip, unless a different amount is established in the combined trip contract.
2. Payment of the remaining price must be made no later than 21 days before departure, unless a different payment schedule is established in the combined travel contract.
3. If the traveler does not comply with the payment schedule, the agency may terminate the contract and apply the rules established for the resolution of the trip by the traveler before the departure provided for in Clause 13.
B) Rules applicable to package travel benefits
The benefits that make up the combined travel contract result from the information provided to the consumer in the pre-contractual information and will not be modified unless the travel agency and the traveler expressly agree as provided in Clause 1.3. Prior to the start of the trip, the travel agency will provide the traveler with the receipts, vouchers and tickets necessary for the provision of services.
Unless otherwise indicated in the pre-contractual information or in the particular conditions of the contract:
a) In relation to those countries in which there is an official classification of hotel establishments or any other type of accommodation, the brochure includes the tourist classification that is granted to the corresponding country.
b) The room occupancy hours depend on the regulations established in each country and accommodation.
c) The triple or quadruple rooms or cabins are generally double rooms to which one or two folding beds are added.
1. The traveler must arrive at the location indicated for departure with the advance notice indicated by the travel agency.
2. Loss or damage that occurs in relation to hand luggage or other objects that the traveler carries with them will be at their sole risk and expense while they are in the traveler's possession.
9. Other Services
1. As a general rule, the full board regime includes continental breakfast, lunch, dinner and accommodation. The half board regime, unless otherwise indicated, includes continental breakfast, dinner and accommodation. As a general rule, meals do not include drinks.
2. Special diets (vegetarian or special regimes) are only guaranteed if they are included in the special needs accepted by the organizer in the combined travel contract.
3. Pets are not accepted on vessels.
C) Rights and obligations of the parties before the start of the trip
10. Contract Modifications
1. The organizing agency may only modify the clauses of the contract before the start of the trip if the change is insignificant and the organizing agency itself or, where appropriate, the retail agency, clearly inform the traveler of said change on a durable medium, understandable and outstanding.
2. If, before the start of the trip, the organizing agency is forced to make substantial changes to any of the main characteristics of the trip services or cannot comply with any special requirements of the previously accepted traveler, the organizing agency or, where applicable, , the retail agency will notify the traveler without delay, in a clear, understandable and prominent manner, on a durable medium and the communication must contain:
• Substantial modifications proposed and, if applicable, their impact on the price;
• A reasonable period of time for the traveler to report his decision;
• The indication that if the traveler does not communicate the decision within the indicated period, it will be understood that he rejects the substantial modification and, therefore, chooses to terminate the contract without any penalty; and
• If the agency can offer it, the substitute combined trip offered and its price.
The traveler may choose between accepting the proposed modification or terminating the contract without penalty. If the traveler chooses to terminate the contract, they may accept a substitute combined trip that, if applicable, is offered by the organizing agency or the retail agency. Said replacement trip must be, if possible, of equivalent or higher quality.
If the contract amendment or replacement trip results in a lower quality or cost trip, the traveler is entitled to an appropriate price reduction.
In the event that the traveler chooses to terminate the contract without penalty or does not accept the substitute combined trip offered, the organizing agency or, where appropriate, the retail agency, will reimburse all payments made for the trip, within a period not more than fourteen calendar days from the date of termination of the contract. For these purposes, the provisions of sections 2 to 6 of Clause 22 shall apply.
11. Price review
1. Prices may only be increased by the agency up to 20 calendar days prior to departure. In addition, said increase can only be carried out to adjust the amount of the trip price to variations:
a) The currency exchange rates applicable to the organized trip.
b) The price of passenger transport derived from fuel or other forms of energy.
c) The level of taxes or rates on the travel services included in the contract, demanded by third parties that are not directly involved in the execution of the combined trip, including tourist, landing and boarding or disembarkation fees, taxes and surcharges in ports and airports.
2. The contract will indicate the date on which the concepts set out in the previous section have been calculated so that the traveler is aware of the reference to calculate the price revisions.
3. The organizing agency or, where appropriate, the retail agency will notify the traveler of the increase, in a clear and understandable manner, with a justification for this increase and will provide their calculation in durable support no later than 20 days before the start of the trip.
4. Only in the event that the price increase imposes an increase of more than 8% in the price of the trip, the traveler may terminate the contract without penalty. In such case, the provisions of Clause 10 applies.
12. Transfer of reservation
1. The traveler may transfer their reservation to a person who meets all the required conditions, in the brochure, program or combined trip offer and in the contract, to carry out the combined trip.
2. The transfer must be communicated, in writing, to the organizing agency or, where appropriate, to the retail agency, at least 7 calendar days before the start date of the trip, which can only affect the traveler the costs actually incurred as a result of the assignment.
3. In the case where the traveler and the person to whom the reservation has been transferred are jointly and liable to the payment agency for the remainder of the price, as well as any commission, surcharge and other additional costs that the transfer may have caused.
13. Resolution of the trip by the traveler before the departure of the trip
1. The traveler may terminate the contract at any time prior to the start of the trip and in this case, the organizing agency or, where appropriate, the retail agency, may require them to pay a penalty that is appropriate and justifiable. The contract may specify a standard penalty that is reasonable based on the anticipation of the termination of the contract with respect to the start of the trip and on the cost savings and income expected from the alternative use of travel services.
In such cases, the organizing agency or, where appropriate, the retail agency, will reimburse any payment that may have been made for the combined trip, less the corresponding penalty.
2. However, if unavoidable and extraordinary circumstances occur at the destination or in the immediate vicinity that significantly affect the execution of the trip or the transportation of passengers to the destination, the traveler may terminate the contract before it begins without any penalty. and with the right to reimbursement of all payments on account of the trip that he had made.
3. Said refunds will be made to the traveler, discounting the corresponding penalty in the case of section 1 above, within a period not exceeding 14 calendar days after the termination of the combined travel contract.
4. If the traveler does not communicate his desire not to carry out the trip and does not show up at the time and place scheduled for departure, he loses the right to a refund of the amounts delivered and continues to be obliged to pay those that were pending pay.
5. However, if the lack of presentation takes place due to unavoidable and extraordinary circumstances, the traveler will be entitled to a refund of the amounts paid, deducting the management expenses and the cancellation expenses. For these purposes, unavoidable and extraordinary circumstances will be considered as the death, accident or serious illness of the traveler or of any of the people with whom they live or any similar assumption that prevents them from participating in the trip and notifying the agency of this impossibility before the departure. Disembark
14. Cancellation of the trip by the organizer before the departure of the trip
If the organizing agency or, where appropriate, the retail agency, cancel the contract for reasons not attributable to the traveler, they must refund all the payments made by the traveler within a period not exceeding 14 calendar days from the termination of the contract. The agency will not be responsible for paying any additional compensation to the traveler if the cancellation is due to:
a) The number of people registered for the combined trip is less than the minimum number specified in the contract and the organizing agency, or where appropriate, the retail agency, notifies the traveler of the cancellation within the period set in the contract, which at the latest take will be:
o 20 days before the start in the case of trips lasting more than 6 days.
o 7 days on trips between 2 and 6 days.
o 48 hours on trips of less than 2 days.
b) The organizer is unable to perform the contract due to unavoidable and extraordinary circumstances and the traveler is notified of the cancellation without undue delay before the start of the package trip.
D) Rights and obligations of the parties after the start of the trip
15. Duty of communication of any lack of conformity of the contract
If the traveler observes that any of the services included in the trip is not provided in accordance with the contract, the traveler must report the lack of conformity to the organizing agency or, where appropriate, to the retail agency without undue delay, taking into account the circumstances of the case .
16. Correction of any lack of conformity of the contract and non-provision, as agreed in the contract, of a significant part of the travel services
1. If any of the services included in the trip is not executed in accordance with the contract, the organizing agency and, where appropriate, the retail agency, must correct the lack of conformity, except if it is impossible or has a disproportionate cost, taking into account the seriousness of the non-conformity and the value of the travel services affected. In the event that the lack of conformity is not corrected, the provisions of Clause 22 will apply.
2. If none of the above exceptions apply and a lack of conformity is not corrected within a reasonable period established by the traveler or the agency refuses to correct it or requires an immediate solution, the traveler himself may do so and request a refund of the expenses necessary for this purpose.
3. When a significant proportion of the travel services cannot be provided as agreed in the contract, the organizing agency or, where appropriate, the retail agency, will offer at no additional cost suitable alternative formulas for the normal continuation of the trip and also when the return of the traveler to the place of departure is not carried out as agreed.
Said alternative formulas, if possible, must be of equivalent or superior quality and if they are of inferior quality, the organizing agency or, where appropriate, the retail agency will apply an appropriate price reduction.
The traveler may only reject the alternatives offered if they are not comparable to what was agreed in the combined trip or if the price reduction is inadequate.
4. When a lack of conformity substantially affects the execution of the trip and the organizing agency or, where appropriate, the retail agency have not corrected it within a reasonable period established by the traveler, the traveler may terminate the contract without paying any penalty. and request, where appropriate, both a price reduction and compensation for damages caused, in accordance with the provisions of Clause 22.
5. If it is not possible to find alternative travel formulas or the traveler rejects them because they are not comparable to what was agreed on the trip or because the price reduction offered is inadequate, the traveler will be entitled to both a price reduction and compensation for damages, without terminating the combined travel contract, in accordance with the provisions of Clause 22.
6. In the cases detailed in sections 4 and 5 above, if the combined trip includes passenger transport, the organizing agency and, where appropriate, the retail agency, will also be obliged to offer repatriation to the traveler in equivalent transport. without undue delay and at no additional cost.
17. Impossibility of guaranteeing return as provided in the contract due to unavoidable and extraordinary circumstances
1. If it is impossible to guarantee the return of the traveler as provided in the contract due to unavoidable and extraordinary circumstances, the organizing agency or, where appropriate, the retail agency, will assume the cost of the accommodation that is necessary, if possible of a category equivalent, for a period not exceeding three nights per traveler, unless a different period is established in the European regulations on passenger rights.
2. The limitation of costs established in the previous section will not be applicable to people with disabilities or reduced mobility (as defined in Clause 1.2 above) or their companions, pregnant women, unaccompanied minors, nor to people in need of specific medical assistance, if their particular needs have been reported to the organizing agency or, where appropriate, to the retail agency, at least 48 hours before the start of the trip.
18. Duty of collaboration of the traveler to the normal development of the trip
The traveler must follow the indications provided by the organizing agency, the retailer or their local representatives for the proper execution of the trip, as well as the regulations that are generally applicable to users of the services included in the combined trip. In particular, on group trips, he will show due respect for the other participants and will observe conduct that does not harm the normal development of the trip.
19. Agency Duty of Care
1. The organizing agency and, where appropriate, the retail agency, are obliged to provide adequate assistance and without undue delay to the traveler in difficulty, especially in the case of extraordinary and unavoidable circumstances.
2. Specifically, said assistance must consist of:
a) Provision of adequate information from health services, local authorities and consular assistance; and
b) Provision of adequate information from health services, local authorities and consular assistance; and.
3. If the difficulty has been caused intentionally or by negligence of the traveler, the organizing agency and, where appropriate, the retail agency, may invoice a reasonable surcharge for such assistance to the traveler. Said surcharge may not exceed the actual costs incurred by the agency.
E) Contractual liability for defective performance or breach
20. Liability of travel agencies.
1. The organizing agency and the retail agency will be jointly and severally liable to the traveler for the correct fulfillment of the combined travel contract.
Whoever responds to the traveler will have the right of repetition against the operator to which the breach or defective fulfillment of the contract is attributable, depending on their respective field of management of the combined trip.
2. The organizing agency and the retail agency will respond to the traveler whether they carry out the benefits included in the combined trip themselves or if they are carried out by their assistants or other service providers.
21. Right to price reduction, compensation and limitations
1. The traveler shall be entitled to an appropriate price reduction for any period during which there has been a lack of conformity.
2. The traveler shall be entitled to receive adequate compensation from the organizer or, where appropriate, from the retailer for any damage or loss suffered as a result of any lack of conformity with the contract.
3. The traveler will not be entitled to compensation for damages if the organizer or, where appropriate, the retailer, demonstrate that the lack of conformity is:
a) Attributed to the traveler;
b) Attributed to a third party unrelated to the provision of the contracted services and unpredictable or unavoidable; either,
c) Due to unavoidable and extraordinary circumstances.
4. When the benefits of the combined travel contract are governed by international agreements, the limitations on the scope or conditions of payment of compensation by the service providers included in the trip will apply to the organizing agencies and retail agencies.
5. When the benefits of the combined travel contract are not governed by international agreements: (i) the compensation that may correspond to pay the agency for bodily harm or damages caused intentionally or by negligence may not be contractually limited. ; and (ii) the rest of the compensation that the agencies may have to pay will be limited to three times the total price of the combined trip.
6. The compensation or price reduction granted by virtue of Royal Legislative Decree 1/2007 and that granted by virtue of the international regulations and conventions listed in article 165.5 of the same Royal Legislative Decree 1/2007, will be deducted from each other in order to avoid excess compensation.
F) Claims and actions derived from the contract
22. Applicable Law
This combined travel contract is governed by what is agreed between the parties and by what is established in these general conditions, in the current and applicable regional regulations, as well as by the provisions of Royal Legislative Decree 1/2007, of November 16 by the that the consolidated text of the General Law for the defense of consumers and users and other complementary laws is approved.
23. Claims to the agency
1. Notwithstanding the legal actions that assist him, the traveler may make written claims for the non-execution or deficient execution of the contract before the retail agency and/or the retailer organizing agency and/or organizer at the postal addresses and / or email addresses informed by travel agencies for this purpose.
2. Within a maximum period of 30 days, the agency must reply in writing to the claims made.
24. Alternative Dispute Resolution
1. At any time, the consumer and the agency may request the mediation of the competent administration or of the bodies that are set up for this purpose to find a solution to the conflict that is satisfactory to both parties.
2. The consumer may address their claims to the competent Consumer Arbitration Board. The conflict may be submitted to arbitration if the claimed agency had previously joined the consumer arbitration system (in which case the agency will duly notify the consumer) or, if the agency, despite not being a member, accepts the consumer's request for arbitration.
Claims involving intoxication, injury, death or rational evidence of crime cannot be subject to consumer arbitration.
In the event of a consumer arbitration, the award issued by the arbitral tribunal designated by the Consumer Arbitration Board will resolve the claim presented definitively and will be binding on both parties.
3. If the organizing agency and/or, as the case may be, the retail agency, are adhered to an alternative dispute resolution system or are obliged to do so by any rule or code of conduct, they will inform the traveler of this circumstance before the departure. formalization of the combined travel contract.
25. Legal actions
1. If the dispute is not subject to consumer arbitration, the traveler may claim in court.
2. Legal actions derived from the combined travel contract prescribe for the course of a period of two years from the day the trip ended or should have ended.