1- LEGAL REGULATON APPLICABLE TO THE COMBINED TRIPS CONTRACT AND THE ACCEPTANCE OF THE GENERAL CONDITIONS.
These general conditions are subject to the provisions of Book 4 of the Royal Decree 1 / 16th November,2007 which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.
The present General Conditions will be included in all combined package contracts the object of which are the programs / offers contained in the program /offer and oblige the parties, with the specific conditions agreed in the contract or appearing on the travel documentation provided simultaneously with the signing of the contract.
The tour price includes:
The round-trip transportation, when this service is included in the program / offer contracted, the type of transport, category and features included in the contract or the documentation provided to the consumer at the time of signing.
Accommodation in the establishment and board in the contract or in the documentation provided to the consumer at the time of signing, or others similar in the case of substitution.
Taxes or hotel rates.
Indirect taxes (V.A.T.)
Technical assistance during the trip, when the service is specifically included in the program / offer contracted.
All other services and accessories specifically specified in the program / offer contracted.
Anything that is expressly stated in the combined package contract.
The combined package price does not include: Visas and / or entry and exit rates, vaccination certificates, "extras" such as coffees, wines, spirits, mineral water, special diets even in the cases of full or half board, unless expressly agreed otherwise in the contract, washing and ironing clothes, optional hotel services and generally, any services that do not explicitly figure in the section "The combined package price includes” and is not specifically detailed in the program / offer, in the contract or the documentation provided to the consumer when signing.
Tips. Within the combined package price tips are not included.
3. - FORM OF PAYMENT.
Registration and refunds. When registering, the agency may require the deposit payment of 20% of the total amount of the trip, issuing a receipt which specifies, in addition to the amount advanced by the consumer, the combined package requested. The remaining amount must be paid upon delivery of the bonds or travel documents that must be paid for at least five days before the departure date.
However, Natural Parks, Travel Organization, will expressly notify, in each case, the particular conditions of payment and cancelation established, which will be in function with the services contracted and particular conditions of payment and annulment which each supplier demands.
In the case of non payment of the total price of the trip on the terms indicated, it will be understood that the consumer has given up the trip applied for in which case the conditions provided below will be applied.
4. - CONSUMER WITHDRAWAL, ASSIGNMENT AND CANCELLATION OF THE TRIP
The user or consumer may cancel the services requested or contracted at all times, being entitled to a refund of the amount paid, whether it is the total price or the deposit provided in the preceding paragraph but must compensate the Agency the concepts indicated below:
In the case of combined travel packages and except if the withdrawal occurs because of force majeure:
The management cost plus cancellation costs, if any.
A penalty, consisting of 5% of the total cost of the trip if the withdrawal occurs more than ten calendar days and less than fifteen days before the date of commencement of travel, 15% between 3 and 10days and 25% within forty-eight hours prior to departure.
No-shows at the scheduled time for departure will not be entitled to any refund of the amount paid, unless the parties agree otherwise.
The traveler may transfer his booking to a third person, by writing at least fifteen days before the date of commencement of travel.
The assignee must meet the same general requirements required for the combined package as the grantor and both are responsible to the travel agency to pay the price of trip and any additional costs caused by the transfer.
5. - CHANGES:
The agency is promises to provided its clients with all of the contracted services included in the program / offer that originated the combined package contract, with the stipulated conditions and characteristics, all according to the following:
a) In the event that, prior to departure, the organizer is forced to significantly modify an essential element of the contract, he must immediately inform the consumer.
b) In such cases, unless the parties otherwise agree, the customer may choose to terminate the contract without penalty or accept a modification of the contract specifying the changes made and their impact on the price. The consumer must communicate the decision taken to the Organizer within three days of being notified of the amendment referred to in paragraph a).
In the event that the consumer does not notify his decision as set out above, it will be understood the choice taken is to terminate the contract without any penalty.
c) If the consumer chooses to terminate the contract under the conditions of paragraph b), or the Promoter cancels the combined package before the agreed date of departure for any reason that is attributable to consumer, the consumer will be entitled, from the moment they occur to terminate the contract, the reimbursement of all sums paid under it, or to the implementation of a substitute combined package of equivalent or higher quality, provided that the Organizer is able to provided it. In the event that the package offered is of inferior quality, the Organizer will refund the consumer, as appropriate, depending on the amounts already paid, the difference in price under the contract.
a) In the cases above, the organizer responsible for compensation payment to the consumer will deduct a percentage which will correspond to the breach of the contract, 5 percent of the total price of the trip booked if that breach occurs between two months and fifteen days immediately preceding the expected date of the trip, 10 percent if it occurs between fifteen days and three days before the trip and 25 per cent in the case that the breach occurs within the forty eight hours prior to the trip.
b) There shall be no obligation to indemnify under the following circumstances:
1. When the cancelation is due to the number of people registered for the package being less than required and so notified in writing to the consumer before the deadline stated in the contract.
2. When the cancellation of the trip, except in cases of overbooking, is for reasons of force majeure, meaning abnormal and unforeseeable circumstances beyond the control of the affected party the consequences of which would have been unavoidable, despite having acted with due diligence.
c) In no case, will anything not included in the combined package contract , (for example, transport tickets between the place of origin to the starting point of the trip, or vice versa, hotel reservations in days before or after the trip, etc.), be the responsibility of the Organizer.
If the transfers / assistance from hotel-airport or vice versa, or other similar transportation included in the offer are not fulfilled, mainly through no fault of the transferor and not attributable to the Organizer, the cost of alternative transport used by the client will be refunded on presentation of the corresponding receipt or invoice.
6. - CONSUMER`S OBLIGATION TO REPORT ANY BREACH OF CONTRACT.
The consumer is obliged to report any failure to perform the contract, preferably "in situ" to the representative of the organizer of the destination as stated in the travel documentation or otherwise, as in writing or by any other means kept on record, to the organizer and, where appropriate, the provider of the service involved.
In the event that the Agency's solutions are not satisfactory to the consumer, he will have a period of one month to complain to the retail Agency or the organizer but always through the latter.
7. - LIABILITY.
General. The organizing travel agency and the final seller of the combined travel package will answer directly to the consumer, depending on the duties falling to their respective areas of management of the package, to correct non-compliance with obligations under the contract, independently of whether they must be performed by themselves or with other service providers, and without compromising the rights of the organizers to act against said service providers. The organizer agrees to assume the functions of organizing and management of the trip. The Organizers of combined travel packages will answer for the damages suffered by the consumer as a result of non-execution or defective execution of the contract. This responsibility shall cease in any of the following circumstances:
1. - When the defects contemplated in the performance of the contract are imputable to the consumer.
2. - When said defects are imputable to a third party unconnected with the provision of benefits under the contract and are of an unforeseeable and insurmountable nature.
3. - When the journey is made in a mini coach, limousine and the like directly or indirectly hired by the organizing agency, in the event of an accident, regardless of the country where it occurs, the consumer shall submit the relevant claim against the carrier to safeguard if pertinent, the insurance settlement of the same, being assisted and advised in the same by the organizing agency without charge.
8. - DELIMITATON OF THE COMBINED TRAVEL SERVICES
The quality and content of services provided by the hotel will be determined by the official tourist category, if assigned by the competent authority. Given the current relevant legislation, which states only the existence of single and double rooms allowing some of the latter to have a third bed, it is always deemed that the use of the third bed is made with the knowledge and consent of the people occupying the room and so will appear as a triple room on all reservation forms given to the consumer.
In some cases there is possibility of providing cots, which must be requested by the customer before the contract is made and that, unless expressly mentioned, are not included in the price.
The normal time for entry and exit in the hotels is based on the first and last service that the user will use. As a general rule unless otherwise expressly agreed in the contract, the rooms may be used after 14.00 hours of the day of arrival and must be vacated by 12 noon on the day of departure.
When the service contract does not include permanent accompaniment by the guide and on the assumption that the user can foresee his arrival at the hotel or apartment booked will be at dates or times other than those outlined, it is necessary, to avoid problems and misunderstandings, to communicate these changes as far in advance as possible to the Organizing Agency, or the hotel or apartments directly, as appropriate.
Also, the Agency must be consulted at the time of booking about the possibility of bringing animals because they are not generally allowed in hotels and apartments.
The hotel service provided will be understood as given whenever the room has available to the client on the night in question independently of whether for circumstances produced by the combined package trip the entry hour to the same was later than initially planned
When booking, the customer is fully and exclusively responsible for the correct statement of the number of persons to occupy the apartment without omitting children whatever their age.
Be warned that the apartment administration can legally refuse to admit the entry of undeclared persons, with no right to any compensation for that cause.
In some cases there is a possibility of providing an extra bed/ s or cribs which must be requested by the customer before the contract is concluded and which, unless expressly stated otherwise, are not included in the published price of the apartment.
9. - OTHER ADDITIONAL INFORMATION.
For all purposes and as regards land transport, it will be understood that the luggage and other personal belongings are in the care of the user, wherever in the vehicle in which they are placed, and are transported at the user’s risk. Users are advised to be present in all the operations of loading and unloading of luggage. In the event of any damage or loss the consumer shall, in the moment of its occurrence, make the appropriate claim to the carrier. The organizing agency promises to provide appropriate assistance to customers who may be affected in any of these circumstances.
10.- DATA PROTECTION
Under the provisions of Law 15/13th December, 1999 on the Protection of Personal Data, we inform you that the personal information you provide will be stored and processed in files owned by “Parques Naturales Organización de Viajes”, Registration nº CIAN. 235015-2 of the Ministry of Tourism and Sports of the Junta de Andalucía, in order to attend your request and provide the requested service and to keep you informed, including by electronic means, on issues relative to the activity of the company and its services.
We also advise you of the possibility of your exercising, at any time, the right of access, rectification, cancellation and opposition of your personal data via e-mail to firstname.lastname@example.org or in writing to Alameda Santa Eufemia, 24, 41940-Tomares (Seville) Spain.
You are informed and you agree that to properly study the request made by this form, your personal data may be communicated to the providers of services that have been the object of the contract you have made, (whether they be a restaurant, show promoter , tour operator, hotel, etc.).
Also, in those cases where you provide the Natural Parks Travel Organization with data about third parties, we expressly agree to obtain the consent of said third parties.