VERY IMPORTANT: There is available to Consumers the mandatory COMBINED TRAVEL CONTRACT.
1- Legal regulation applicable to the package travel contract and acceptance of the General Conditions.
These General Conditions are subject to the provisions of Law 7/1998, of April 13, on General Conditions of Contract (14-4-98) and Law 26/1984, of July 19, General for the Defense of Consumers and Users (BOE 24-7-84) and Royal Legislative Decree 1/2007 that consolidates in a single text the General Law for the Defense of Consumers and Users and the rules of transposition of the community directives issued in the field of protection of consumers and users, including the Package Travel Law and other provisions in force.
These General Conditions are incorporated, signed by the contracting parties, to all package travel contracts whose purpose is the programs / offer contained in the program / brochure and bind the parties, with the particular conditions agreed in the contract or that appear in the travel documentation provided simultaneously to the signing of the contract.
2-Organization
The technical organization of these trips has been carried out by Atreyu Investments SL in collaboration with GR11 Viajes (Ignasi Calvo Mateos), registered in the Tourism Registry of Catalonia with license number GC-002583.
3- Price
3.1 The price of the Package Travel includes:
Round trip transportation, when this service is included in the contracted program/offer, with the type of transport, characteristics and categories that appear in the contract or in the documentation that is delivered to the consumer at the time of signing it.
The accommodation, when this service is included in the contracted program/offer, in the establishment and with the diet that appears in the contract or in the documentation that is delivered to the consumer at the time of signing it.
Fees or taxes of hotel establishments and indirect taxes. –Value added taxes (VAT), Canary Islands general indirect tax (IGIC), etc., when applicable, as long as the contrary is not specified.
Technical assistance during the trip, when this service is specifically included in the contracted program/ offer.
All other services and complements that are specifically specified in the contracted program / offer or expressly stated in the package travel contract.
3.2 Price revision
The price of the package has been calculated based on the exchange rates, transport rates, fuel cost and fees and taxes applicable on the date of publication of the program / brochure or subsequent that, where appropriate, have been published in printed form.
Any variation in the price of the aforementioned elements may lead to the revision of the final price of the trip, both upwards and downwards, in the amounts of the variants mentioned.
These modifications will be notified to the consumer, in writing or by any means that allows to have proof of the modification made may, when the modification is significant, desist from the trip, without any penalty, or accept the modification of the contract.
In no case, it will be revised upwards in the twenty days prior to the date of departure of the trip, with respect to requests already made.
3.3 Special offers
When the package is contracted as a result of special offers, equivalent last minute, at a price other than that expressed in the program / brochure, the services included in the price are only those that are specified in detail in the offer, even if said offer refers to some of the programs described in this brochure, provided that such referral is made for the sole purpose of general information of the destination.
3.4 Exclusions
3.4.1 The price of the Package does not include:
Visas, airport taxes, and / or entry and exit fees, vaccination certificate, “extras” such as coffees, liquors, mineral waters, special diets -not even in the cases of full board or half board, unless expressly agreed otherwise in the contract-, washing and ironing of clothes, optional hotel services and, in general, Any other service that does not expressly appear in the contract or in the documentation that is delivered to the consumer when signing it.
3.4.2 Excursions or optional visits
In the case of excursions or optional visits not contracted at the origin, it should be borne in mind that they are not part of the package travel contract. Its publication in the prospectus is merely informative and the price is expressed with the indication of “estimated”. Therefore, at the time of contracting at the place of destination, variations on costs may occur, which alter the estimated price.
On the other hand, these excursions will be offered to the consumer with their specific conditions and final price independently, not guaranteeing until the moment of contracting the possible realization of the same.
4. Payment method. Registrations and refunds
At the time of registration, the Agency may require an advance which in no case shall exceed 40 % of the total amount, issuing the corresponding receipt specifying in addition to the amount requested. The remaining amount must be made at least 10 days before the departure date.
If the payment of the total trip is not made under the conditions indicated, it will be understood that the consumer withdraws from the requested trip, the conditions provided for in the following section being applicable.
In the event that before the conclusion of the contract the organizer is unable to provide some of the client’s services (including the price), it must be communicated through the Retail Agency to the consumer, who may waive his request by recovering only the amounts advanced if any.
All refunds that are appropriate for any reason, will always be formalized through the retail agency where the registration was made, not making any refund for services not used voluntarily by the consumer.
5. Withdrawal of the consumer, Assignments and Cancellations of the trip for not reaching the number of people registered the minimum provided.
At any time the user or consumer can withdraw from the services requested or contracted, having the right to a refund of the amounts paid, whether it is the total price or the advance provided for in the appropriate section that must compensate the agency for the concepts indicated below:
In the case of individual services: all management costs, plus cancellation costs, if the latter had occurred.
In the case of package travel and unless the withdrawal occurs due to force majeure:
Management fees plus cancellation fees, if any.
A penalty, consisting of 5% of the total trip if the withdrawal occurs more than ten days and less than fifteen days before the date of the start of the trip; 15% between days 3 and 10, and 25% within forty-eight hours prior to departure.
If you do not show up at the scheduled time for departure, you will not be entitled to any refund of the amount paid, unless otherwise agreed between the parties.
In the event that any of the contracted and cancelled services is subject to special economic contracting conditions, such as aircraft charter, ship, special rates, etc., the cancellation costs for withdrawal will be established in accordance with the conditions agreed by both parties.
The consumer of the combined trip may transfer his reservation to a third person, requesting it in writing fifteen days before the start date of the trip, unless the parties agree on a shorter term in the contract.
The transferee will have to meet the same requirements as the assignor, generally required for the package, and both will be jointly and severally liable to the Travel Agencies for the payment of the price of the trip and the justified additional expenses of the assignment.
In the cases that the organizer conditions, and so expressly specifies, the viability of the package travel offer has a minimum of participants and because that number is not reached, the trip is canceled, the user will be entitled exclusively to reimbursement of the total price or the amounts anticipated, without being able to claim any amount as compensation, provided that the Agency has notified you in writing at least 10 days before the scheduled start date of the trip.
In the application of the previous paragraph, and since in these trips there are services subject to special economic conditions, the cancellation costs for withdrawal will be: 100% if the ticket had been issued since in these types of fares they are not refundable, regardless of whether it had been canceled more than seven days in advance.
6. Alterations
The Travel Agency undertakes to provide its customers with all the contracted services contained in the program / offer that has given rise to the combined contract, with the conditions and characteristics stipulated, all according to the following points:
a) In the event that, before the departure of the trip, the organizer is obliged to significantly modify some essential element of the contract, including the price, he must immediately inform the consumer, either directly, when also acting as a retailer, or through the respective retailer in other cases.
(b) in such a case, and unless otherwise agreed by the parties, the consumer may choose to terminate the contract without penalty or accept a modification of the contract specifying the variations introduced and the impact on the price. The consumer must communicate the decision adopted to the Retailer or, where appropriate, the Organizer within three days of being notified of the modification referred to in section a). In the event that the consumer does not notify his decision in the terms indicated, it will be understood that he opts for the termination of the contract without any penalty.
c) in the event that the consumer chooses to terminate the contract, under the provisions of paragraph b), or that the Organiser cancels the package before the agreed departure date, for any reason not attributable to the consumer, the consumer shall be entitled, from the moment the contract is terminated, to reimbursement of all amounts paid thereunder or to the completion of another package of equivalent or higher quality, provided that the Organiser or Retailer may so provide. In the event that the trip offered is of inferior quality, the Organiser or retailer must reimburse the consumer, where appropriate, on the basis of the amounts already paid, the price difference under the contract. This same right will correspond to the consumer who does not obtain information about the reservation in the terms stipulated in the contract.
d) in the above cases, the organizer and the Retailer will be responsible for the payment to the consumer of the compensation that, where appropriate, corresponds to breach of contract, which will be 5 percent of the total price of the contracted trip, if the aforementioned breach occurs between seven and fifteen days immediately prior to the expected date of the trip; 10 percent occurs between the
previous seven days and three days, and 25 percent in the event that the aforementioned non-compliance occurs in the previous forty-eight hours.
e) There will be no obligation to compensate in the following cases:
When the cancellation is due to the fact that the number of people registered for the package is less than required and this is communicated in writing to the consumer before the deadline set for that purpose in the contract.
When the cancellation of the trip, except in cases of overbooking, is due to reasons of force majeure, understood as those circumstances beyond the control of the person invoking them, abnormal and unforeseeable, whose consequences could not have been avoided, despite having acted with due diligence.
f) in the event that, after the departure of the trip, the Organizer does not supply or verifies that it cannot supply a significant part of the planned services contracted, it will adopt the appropriate solutions for the continuation of the organized trip, without any price supplement for the consumer and, where appropriate, will pay the latter the amount of the difference between the services provided and those provided. If the consumer continues the journey with the solutions given by the Organizer, he will be deemed to tacitly accept said proposal.
g) if the solutions adopted by the Organizer are not feasible or the consumer does not accept them for reasonable reasons, the latter must provide the latter without any price supplement, a means of transport equivalent to that used on the trip to return to the place of departure or any other that both have agreed, without prejudice to the compensation that may be appropriate.
h) in the event of a complaint, the retailer or, where appropriate, the organiser must act diligently to find appropriate solutions.
i) in no case, everything not included in the package travel contract (such as, for example, transport tickets from the place of origin of the passenger to the place of departure of the trip, or vice versa, hotel reservations in days before or after the trip, etc.) will be the responsibility of the Organizer, there being no obligation to compensate for these possible expenses of independent services in case the trip is canceled for the reasons foreseen in subparagraph (e).
j) if the transfers / assistance from the hotel / airport or vice versa or other similar, included in the offer, are not fulfilled, mainly for reasons beyond the control of the transferor and not attributable to the Organizer, the latter will reimburse the amount of the alternative transport used by the client in the displacement, upon presentation of the corresponding receipt or invoice.
7. Obligation of the consumer to communicate any breach in the execution of the contract.
The consumer is obliged to communicate any breach in the execution of the contract – preferably or, in another case, as soon as possible – in writing or in any other form in which it is recorded, to the organizer or retailer and, where appropriate, to the provider of the service in question. In the event that the solutions arbitrated by the Agency – Organizer or Retailer – are not satisfactory for the consumer, he will have a period of one month to complain to the Retail Agency or the Organizer, always through it. The retail agency or the Organizer will have forty-five calendar days to respond to the claim raised by the consumer, a period that will begin to be counted from the day following the provision of the claim before the Retail Agency.
8. Prescription of actions
Notwithstanding the provisions of the appropriate section, the limitation period for actions derived from the rights recognized in Law 21/95, of June, regulating Package Travel (BOE 7-7-95) will be two years, as established in Article 13 of the aforementioned Law.
9. Liability
9.1 General
The Organizing Travel Agency and the final selling Retailer of the package will respond to the consumer, depending on the obligations that correspond to them by their respective scope of management of the package trip, for the correct fulfillment of the obligations derived from the contract, regardless of whether they must execute them from the right of the Organizers and Retailers to act against said service providers. The Organizer declares that it assumes the functions of organization and execution of the trip.
The Organisers and Package Holiday Retailers shall be liable for damages suffered by the consumer as a result of the non-execution or deficient execution of the contract. Such liability shall cease when any of the following circumstances occur:
1. That the defects observed in the execution of the contract are attributable to the consumer.
2. Such defects are attributable to a third party to the supply of the services provided for in the contract and are unforeseeable or insurmountable. Therefore, with regard to damages other than bodily damage, these must always be proven by the consumer. In no case will the Agency be responsible for the expenses of
accommodation, maintenance, transport and others that originate due to force majeure. When the trip is made in coaches, “vans”, limousines and similar contracted by the Organizing Agency directly or indirectly, and an accident occurs, whatever the country where it occurs, the consumer must file the relevant claim against the transport entity in the respective country, in order to safeguard, where appropriate, the compensation of the latter’s insurance.
3. That the defects referred to are due to reasons of force majeure, understood as those circumstances beyond the control of the person invoking them, abnormal and unforeseeable whose consequences could not have been avoided, despite having acted with due diligence.
4. That the defects are due to an event that the Retailer or, where appropriate, the Organizer, despite having put all the necessary diligence, could not foresee or overcome.
However, in the event of exclusion of liability due to any of the circumstances provided for in numbers 2, 3 and 4, the organizer and retailer who are parties to the package travel contract will be obliged to provide the necessary assistance to the consumer who is in difficulty.
9.2 Limits on damages
As for the limit of compensation for damages resulting from non-compliance with the poor performance of the services included in the package trip, the provisions of the International Conventions on the matter will be applied.
10. Delimitation of package travel services
10.1 Air Travel. Provision at the airport
In the case of air travel, the presat the airport will be made with a minimum of two hours above the official departure time, and in any case the specific recommendations indicated in the documentation of loose services will be strictly followed, it is recommended that the client reconfirm forty-eight hours in advance the departure times of the flights.
10.2 Hotels
10.2.1 General
The quality and content of the services provided by the hotel will be determined by the official tourist category, if any, assigned by the competent body of your country. Given the current legislation in this regard, which establishes only the existence of single and double rooms allowing that in some of the latter a third bed can be enabled, it is done with the knowledge and consent of the people who occupy the room.
This tacit estimate derives from the certain circumstance of having been previously warned, as well as of the fact that the room is reflected as triple in all the reservation forms provided to the consumer when paying the advance, in the contract and the tickets and / or documentation of the trip that is simultaneously to the signature of the same. Likewise, in the case of double rooms for use of up to four people, with four beds, when specified in the offer of the program / brochure.
The usual schedule for entry and exit in hotels depends on the first and last service that the user will use. As a general rule and unless expressly agreed otherwise in the contract, the rooms may be used from 2 pm on the day of arrival and must be vacated before 12 noon on the day of departure.
When the contracted service does not include the permanent accompaniment of a guide and in the event that the user foresees his arrival at the hotel or apartment booked on dates or times other than those outlined, it is convenient, to avoid problems and misinterpretations, to communicate as far in advance as possible such circumstance to the Organizing Agency, or to the hotel or apartments directly according to the cases.
You should also consult the Agency, at the time of booking, the possibility of bringing animals, as they are generally not admitted to hotels and apartments. If the admission of animals has been confirmed and it is intended to travel with them, this circumstance must be stated in the contract. The accommodation service will imply that the room is available on the corresponding night, being understood to be provided regardless of the fact that, due to circumstances of the combined trip, the time of entry into it occurs later than initially.
10.2.2 Other services
On flights whose arrival at the destination is made after 12:00 hours, the first service of the hotel, when included in the offer of the program / brochure, will be dinner.
Also on flights whose arrival at the destination is made after 7:00 p.m., the first service of the hotel will be accommodation. A direct air route shall always be understood as one whose documentary support is a single flight coupon, regardless of whether the flight makes a technical stop.
10.2.3 Additional Services
When users request additional services (e.g. sea view room, etc.) that cannot be definitively confirmed by the Organizing Agency, the user may choose to definitively withdraw from the supplementary service or maintain their request pending that such services can finally be provided.
In the event that the parties have agreed to the prior payment of the price of the supplementary services that finally cannot be provided, the amount paid will be reimbursed by the retail agency immediately upon withdrawal of the service by the consumer or on the return of the trip, depending on the user has opted for withdrawal in the provision of the additional service requested or has maintained the request.
10.3 Apartments
When making the reservation, the client is fully and exclusively responsible for making the correct declaration of the number of people to occupy the apartment.
It is noted that the administration of the apartments can legally refuse to admit the entry of those undeclared persons, there being no claim for that reason.
In some cases there is the possibility of enabling extra bed / s that must be requested by customers before perfecting the contract, and that unless expressly mentioned otherwise, will not be in the published price of the apartment.
11. Passports, visas and documentation
All users without exception must carry their corresponding personal and family documentation, be it the passport or DNI, according to the country or countriesthey are visiting. It will be on their behalf when the trips so require the obtaining of visas, passports, vaccination certificates, etc. If the granting of visas is rejected by any authority, for particular reasons of the user, or their entry into the country is denied due to lack of the requirements that are required, or by default in the required documentation, or for not being a carrier of it. The Organizing Agency declines all responsibility for events of this nature, being on behalf of the consumer any expense that arises, applying in these circumstances the conditions and rules established for the cases
voluntary withdrawal of services. It is also reminded to all users, and especially those who have nationality other than Spanish, that they must ensure, before starting the trip, that they have complied with all the applicable rules and requirements regarding visas in order to be able to enter without problems in all the countries that are going to be visited. Minors under 18 years of age must carry an official written permit authorized by their parents or guardians, in anticipation that it may be requested by any authority. For all purposes and as far as land transport is concerned, it will be understood that the luggage and other personal belongings of the usercarries it with him, whatever the part of the vehicle in which they are placed, and that it is transported at the expense and risk of the user. Users are advised to be present at all handling of loading and unloading of luggage. As for the air, rail, sea or river transport of luggage, the conditions of the transport companies apply, the passenger ticket being the binding document between the aforementioned companies and the passenger. In the event of suffering any damage or loss, the consumer must present, on the spot, the appropriate claim to the Transport Company.
12. Information that the Retail Agency must provide to the consumer
The consumer is informed that at the time of the Normalization of the contract he must receive from the Retail Agency the relevant information on the specific documentation necessary for the chosen trip, as well as advice on the optional subscription of an insurance that covers the cancellation costs and / or an assistance insurance that covers the costs of repattriation in case of accident, illness or death: and information on the probable risks implicit to the destination and the contracted trip, in compliance with the General Law for the Defense of Consumers and Users.