I. CONTRACTING THE PACKAGE TOUR
1. Pre-contractual information
- Before the traveller is bound by any package travel contract or corresponding offer, the organising agency or, where appropriate, the retail agency, shall provide the traveller with the standardised information form for package travel contracts, as well as the rest of the characteristics and information of the trip in accordance with the provisions of the legislation in force.
Persons with reduced mobility who wish to receive precise information on the suitability of the trip in accordance with their special needs, in order to assess the possibility and feasibility of contracting the trip in accordance with the characteristics of the trip, must inform the organising agency or, where appropriate, the retail agency, of this situation so that they can be provided with information to this effect.
According to the provisions of EC Regulation 1107/2006, a person with reduced mobility is any person whose mobility to participate in the trip is reduced due to physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or due to age, and whose situation requires appropriate attention and adaptation to their particular needs of the service made available to other participants in the trip.
- The pre-contractual information provided to the traveller in accordance with paragraphs a), c), d), e) and g) of article 153.1 of the 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 traveller expressly agree to it. The organising agency and, where applicable, the retail agency, prior to the conclusion of the package travel contract, shall communicate to the traveller in a clear, comprehensible and prominent manner, all changes to the pre-contractual information.
2. Information on passport, visa and vaccination requirements
- The agency has the duty to provide information on the health formalities required for the trip and the stay, as well as on the conditions applicable to travellers in terms of passports and visas, including the approximate time for obtaining visas, and will be responsible for the correctness of the information provided.
- The traveller shall obtain the documentation necessary for the journey, including passport and visa and health formalities. All damages that may result from the lack of such documentation will be at the expense of the traveller, and in particular, the expenses produced by the interruption of the trip and the eventual repatriation of the traveller..
If the agency accepts the traveller's request to process the necessary visas for any of the destinations foreseen in the itinerary, it 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 any damages for which it is responsible.
3. Reservation request
- The traveller who wishes to book a package tour makes a "booking request". Following this request, the retail agency or, where appropriate, the organising agency, undertakes to take the necessary steps to obtain confirmation of the booking
- If the traveller requests the preparation of a proposal for a tailor-made package, the agency may require the payment of a sum for the preparation of the project. If the traveller accepts the package travel offer prepared by the agency, the amount paid will be charged to the price of the trip.
- If the agency has accepted to manage the booking, it will be responsible for the technical errors that occur in the booking system that are attributable to it and for the errors made during the booking process.
- The agency will not be responsible for booking errors attributable to the traveller or caused by unavoidable and extraordinary circumstances.
4. Confirmation of the booking
The package travel contract is concluded with the confirmation of the booking. From that moment the package travel contract is binding for both parties.
5. Payment schedule
- The payment schedule will be provided to the traveller together with the other pre-contractual information.
- If the traveller does not comply with the payment schedule, the travel agency can terminate the contract and apply the rules established for the termination of the trip by the traveller before the scheduled departure in Clause 13.
II. RULES APPLICABLE TO THE BENEFITS OF THE PACKAGE
The services that make up the package 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 traveller expressly agree as provided in Clause 1.3.
In advance of the start of the trip, the travel agent will provide the traveller with the receipts, vouchers and tickets necessary for the provision of services.
Unless otherwise stated in the pre-contractual information or in the particular conditions of the contract:
- In relation to those countries where there is an official classification of hotel establishments or any other type of accommodation, the brochure includes the tourist classification granted in the corresponding country.
- The occupancy schedule of the rooms depends on the rules established in each country and accommodation.
- Triple or quadruple rooms or cabins are generally double rooms to which one or two beds are added, usually a sofa bed or a folding bed, except in certain establishments where two larger beds are used instead of additional beds.
- The traveller must be present at the place of departure in the time specified by the travel agency.
- Loss or damage in connection with hand luggage or other items carried by the traveller is at the sole risk and expense of the traveller while in the traveller's custody.
9. Other services
As a general rule, full board includes continental breakfast, lunch, dinner and accommodation.
Half-board, unless otherwise stated, includes continental breakfast, dinner and accommodation. As a general rule, these meals do not include beverages.
- Special diets (vegetarian or special diets) are only guaranteed if this is stated in the special requirements accepted by the organiser in the package travel contract.
- The presence of pets is only accepted if this is stated in the special requirements accepted by the organiser in the package travel contract.
III. RIGHTS AND OBLIGATIONS OF THE PARTIES BEFORE THE START OF THE TRIP
10. Modification of the contract
- The organising agency can only change the terms of the contract before the start of the trip if the change is insignificant and the organising agency itself or, where applicable, the retail agency, informs the traveller of the change on a durable medium in a clear, comprehensible and prominent manner.
If before the start of the journey the organising agency is obliged to make substantial changes to any of the main features of the travel services or is unable to meet any special requirements of the traveller previously accepted, the organising agency or, where applicable, the retail agency, shall inform the traveller without delay, in a clear, comprehensible and prominent manner, on a durable medium, and the communication shall contain:
The traveller may choose between accepting the proposed modification or terminating the contract without penalty. If the traveller chooses to terminate the contract, the traveller may accept a substitute package offered by the organising agency or the retail agency. This substitute trip must, if possible, be of equivalent or superior quality.
- The substantial changes proposed and, where appropriate, their impact on the price;
- A reasonable time limit for the traveller to inform the traveller of his decision;
- The indication that if the traveller does not communicate the decision within the indicated period, it will be understood that the traveller rejects the substantial modification and therefore chooses to terminate the contract without penalty; and
- If the agency can offer it, the substitute package offered and its price.
If the amendment of the contract or the substitute holiday results in a holiday of lower quality or lower cost, the traveller is entitled to an appropriate reduction in price.
In the event that the traveller chooses to terminate the contract without penalty or does not accept the substitute package offered, the organising agency or, where applicable, the retail agency, will reimburse all payments made for the trip, within a period not exceeding fourteen calendar days from the date of termination of the contract. For these purposes, the provisions of paragraphs 2 to 6 of Clause 22 shall apply.
11. Revision of the price
Prices may only be increased by the agency up to 20 calendar days prior to departure. Furthermore, this increase can only be carried out in order to adjust the amount of the price of the trip to the variations:
- Of the currency exchange rates applicable to the organised trip.
- The price of passenger transport arising from fuel or other forms of energy.
- the level of taxes or charges on the travel services included in the contract, imposed by third parties not directly involved in the execution of the package, including tourist, landing, embarkation or disembarkation fees, taxes and surcharges at ports and airports.
- The contract shall indicate the date on which the items set out in the previous section have been calculated so that the traveller is aware of the reference for calculating the price revisions.
- The organising agency or, where applicable, the retail agency shall notify the traveller of the increase, in a clear and comprehensible manner, with a justification for this increase and shall provide the traveller with the calculation on a durable medium no later than 20 days before the start of the journey.
- Only if the price increase results in an increase of more than 8% of the price of the holiday can the traveller terminate the contract without penalty. In this case, the provisions of Clause 10 will apply.
- The traveller is entitled to a reduction in the price of the trip due to changes in the items listed in Clause 11.1. a), b) and c). In such cases, the organising agency and, if applicable, the retail agency, will deduct the actual administrative costs of reimbursing the traveller from the price refund.
12. Transfer of the reserve
- The traveller may transfer his booking to a person who fulfils all the conditions required in the package brochure, package programme or package offer and the contract to carry out the package.
- The transfer must be communicated, on a durable medium, to the organising agency or, where appropriate, to the retail agency, at least 7 calendar days before the start date of the trip, which may only charge the traveller for the costs actually incurred as a result of the transfer.
- In any case, the traveller and the person to whom the booking has been transferred are jointly and severally liable before the agency for the payment of the rest of the price, as well as for any commission, surcharge and other additional costs that may have been caused by the transfer.
13. Cancellation of the trip by the traveller before the departure of the trip
The traveller may terminate the contract at any time prior to the start of the trip, and in such a case, the organising agency or, where applicable, the retail agency, may require the traveller to pay an appropriate and justifiable penalty. The contract may specify a reasonable standard penalty based on how far in advance the termination of the contract is to be made before the start of the trip and on the expected cost savings and revenue from the alternative use of the travel services.
If the contract does not provide for a standard penalty, the amount of the termination penalty shall be equal to the price of the package minus the cost savings and revenue from the alternative use of the travel services.
Therefore, in such cases, the organising agency or, where applicable, the retail agency, shall refund any payment made for the package, minus the corresponding penalty.
- However, if unavoidable and extraordinary circumstances occur at the destination or in the vicinity that significantly affect the execution of the trip or the transport of passengers to the destination, the traveller may terminate the contract before its commencement without penalty and with the right to reimbursement of all payments made on account of the trip.
- Such reimbursements or refunds will be made to the traveller, minus the corresponding penalty in the case of paragraph 1 above, within a period not exceeding 14 calendar days after the termination of the package travel contract.
- The trip may be subject to special conditions for the contracting of services.
14. Cancellation of the trip by the organiser before the departure of the trip
If the organising agency or, if applicable, the retail agency, cancels the contract for reasons not attributable to the traveller, they must reimburse all payments made by the traveller within a period of no more than 14 calendar days after the termination of the contract. The agency shall not be liable to pay any additional compensation to the traveller if the cancellation is due to:
The number of persons registered for the package tour is less than the minimum number specified in the contract and the organising agency, or where applicable, the retail agency, notifies the traveller of the cancellation within the period specified in the contract, which shall be no later than
- 20 days before the start of the trip in case of trips lasting more than 6 days.
- 7 days for journeys of between 2 and 6 days.
- 48 hours for journeys of less than 2 days.
- The organiser is unable to fulfil the contract due to unavoidable and extraordinary circumstances and the traveller is notified of the cancellation without undue delay before the start of the package.
15. Withdrawal before the start of the holiday in the case of off-premises contracts
In the case of contracts concluded outside the establishment (understood as those defined in Article 92.2 of Royal Legislative Decree 1/2007), the traveller may withdraw from the contracted trip for any reason and without penalty, with the right to a refund of the price paid for the trip, within 14 days of the conclusion of the contract.
IV. RIGHTS AND OBLIGATIONS OF THE PARTIES AFTER THE COMMENCEMENT OF THE VOYAGE
16. Duty to report any non-conformity with the contract
If the traveller notices that any of the services included in the holiday are not performed in accordance with the contract, the traveller must report the lack of conformity to the organising agency or, where applicable, to the retail agency without undue delay, taking into account the circumstances of the case.
17. Remedying any lack of conformity of the contract and non-performance, as agreed in the contract, of a significant part of the travel services
- If any of the travel services included in the journey are not performed in accordance with the contract, the organising agency and, where applicable, the retail agency, shall remedy the lack of conformity, unless it is impossible or disproportionately expensive, taking into account the seriousness of the lack of conformity and the value of the travel services affected. If the non-conformity is not remedied, the provisions of Clause 22 shall apply.
- If none of the above exceptions apply and a lack of conformity is not remedied within a reasonable period of time set by the traveller or the agency refuses to remedy the lack of conformity or requires immediate remedy, the traveller can do so himself and request reimbursement of the necessary expenses for this purpose.
When a significant proportion of the travel services cannot be provided as agreed in the contract, the organising agency or, if applicable, the retail agency, shall offer, at no additional cost, suitable alternative arrangements for the normal continuation of the journey, and also when the traveller's return to the place of departure is not as agreed.
These alternative arrangements shall, if possible, be of equivalent or superior quality, and if they are of inferior quality, the organising agency or, where applicable, the retail agency shall apply an appropriate price reduction.
The traveller may only reject the alternatives offered if they are not comparable to what was agreed in the package or if the price reduction is inadequate.
- If a lack of conformity substantially affects the execution of the holiday and the organiser or, where applicable, the retailer has not remedied it within a reasonable period of time set by the traveller, the traveller can terminate the contract without penalty and, where applicable, request both a price reduction and compensation for damages, in accordance with the provisions of Clause 22.
- If alternative travel arrangements cannot be found or are rejected by the traveller because they are not comparable to the agreed travel arrangements or because the price reduction offered is inadequate, the traveller will be entitled to both a price reduction and compensation for damages, without termination of the package travel contract, in accordance with the provisions of Clause 22.
- In the cases detailed in paragraphs 4 and 5 above, if the package includes the transport of passengers, the organising agency and, if applicable, the retail agency, shall also be obliged to offer repatriation to the traveller in equivalent transport without undue delay and at no additional cost.
18. Impossibility of guaranteeing return as foreseen in the contract due to unavoidable and extraordinary circumstances.
- If it is impossible to guarantee the return of the traveller as foreseen in the contract due to unavoidable and extraordinary circumstances, the organising agency or, where applicable, the retail agency, shall bear the cost of the necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveller, unless a different period is stipulated in the European passenger rights regulations.
- The limitation of costs established in the previous paragraph shall not apply to disabled persons or persons with reduced mobility (as defined in Clause 1.2 above) or their companions, pregnant women, unaccompanied minors, nor to persons in need of specific medical assistance, if their particular needs have been communicated to the organising agency or, where applicable, to the retail agency, at least 48 hours before the start of the journey.
19. Deber de colaboración del viajero al normal desarrollo del viaje
The traveller must follow the instructions provided by the organising agency, the retailer or their local representatives 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, on group trips, he/she shall show due respect for the other participants and observe a conduct that does not harm the normal development of the trip.
20. Duty of assistance of the agency
- The organising agency and, if applicable, the retailer agency, are obliged to provide adequate assistance without undue delay to the traveller in difficulty, especially in the case of extraordinary and unavoidable circumstances.
In particular, such assistance must consist of:
- provision of adequate information from health services, local authorities and consular assistance; and
- assistance to the traveller in establishing remote communications and help in finding alternative arrangements.
- If the difficulty has been caused intentionally or through the negligence of the traveller, the organising agency and, where appropriate, the retail agency, may charge a reasonable surcharge for such assistance to the traveller. This surcharge may not exceed the actual costs incurred by the agency.
V. CONTRACTUAL LIABILITY FOR DEFECTIVE PERFORMANCE OR NON-PERFORMANCE
21. Liability of travel agencies
The organising agency and the retail agency are jointly and severally liable to the traveller for the proper performance of the package travel contract.
Whoever is liable to the traveller shall have the right of recourse against the operator to whom the non-performance or defective performance of the contract is attributable according to their respective scope of management of the package.
- The organising agency and the retail agency shall be liable to the traveller whether they themselves carry out the services included in the package or if they are carried out by their assistants or other service providers.
22. Right to price reduction, compensation and limitations
- The traveller will be entitled to an appropriate price reduction for any period during which there has been a lack of conformity.
- The traveller shall be entitled to adequate compensation from the organiser or, where applicable, the retailer for any loss or damage suffered by the traveller as a result of any lack of conformity of the contract.
The traveller shall not be entitled to damages if the organiser or, where applicable, the retailer proves that the lack of conformity is:
- imputable to the traveller
- Imputable to a third party external to the provision of the contracted services and unforeseeable or unavoidable; or,
- Due to unavoidable and extraordinary circumstances.
- Where the performance of the package travel contract is governed by international conventions, limitations on the extent or conditions of payment of compensation by the providers of services included in the package shall apply to organising agencies and retail agencies.
Where the performance of the package travel contract is not governed by international conventions:
(i) the compensation that may be payable to the agency for bodily injury or damage caused intentionally or negligently may not be limited contractually; and (ii) other compensation that agencies may have to pay shall be limited to three times the total price of the package.
- The compensation or price reduction granted under Royal Legislative Decree 1/2007 and that granted under the regulations and international conventions listed in article 165.5 of the same Royal Legislative Decree 1/2007, shall be deducted from each other in order to avoid excess compensation.
VI. CLAIMS AND ACTIONS ARISING FROM THE CONTRACT
23. Applicable law
This package travel contract is governed by the agreement between the parties and by the provisions of these general conditions, in the current and applicable regional regulations, as well as by the provisions of Royal Legislative 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.
24. Complaints to the agency
- Without prejudice to the legal actions to which he is entitled, the traveller can make written complaints about the non-execution or deficient execution of the contract to the retail agency and/or the organising agency retailer and/or organiser at the postal addresses and/or e-mail addresses provided by the travel agencies for this purpose.
- Within a maximum period of 30 days, the agency must reply in writing to the complaints made.
25. Alternative dispute resolution
- At any time, the consumer and the agency may seek the mediation of the competent administration or the bodies that are constituted for this purpose to find a solution to the conflict that is satisfactory to both parties.
Consumers may refer their complaints to the competent Consumer Arbitration Board. The dispute may be submitted to arbitration if the agency complained of has previously joined the consumer arbitration system (in which case the agency shall 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 reasonable suspicion of criminal offence cannot be subject to consumer arbitration.
In the event of consumer arbitration, the award rendered by the arbitration tribunal appointed by the Consumer Arbitration Board shall be final and binding on both parties.
- If the organising agency and/or, where appropriate, the retail agency, are adhered to a system of alternative dispute resolution or are obliged to do so by any rule or code of conduct, they shall inform the traveller of this circumstance before the formalisation of the package travel contract.
26. Legal action
- 1. If the dispute is not subject to consumer arbitration, the traveller can take legal action.
- 2. The statute of limitations for legal action arising from the package travel contract expires after two years..