Terms & Conditions
The reservation of any of the trips included in this program / brochure implies the total acceptance of these general conditions, which are automatically considered incorporated into all the contracts that have as their object some of the aforementioned trips. Such conditions bind the parties and together with the particular conditions agreed upon or recorded in the travel documents, constitute the definitive contract. Due to the advance notice in which the program / brochure is published and the limited space, additional information and / or possible changes or modifications will be communicated to the client in the specific documentation of each trip, integrating the content of the contract.
1- The present General Conditions are subject to the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, (BOE 287, of November 30, 2007), and other current provisions.
The contractual relationship between the organizing agency and the client is governed by these general conditions, by the particular clauses agreed in the combined travel contract and by the trip’s technical sheet detailing its final content.
- The Organization of package tours included in this program-brochure has been made mostly by TRAVELVIAJERO, C.I.F. 25411725Z, with address at c / Jeronima Gales 37-21 46017 Valencia (Spain). When the trip contracted by the client had a different organizer, the data of the same will be indicated in the technical sheet / travel contract that is provided to the consumer at the time of signing the contract.
Request and confirmation of the reservation.
3.1. The traveler who comes to hire a package trip will formalize a reservation request. At the time of making such request the agency may request the consumer to deposit an amount equivalent to 15% of the amount of the trip. Once the reservation is confirmed, the figure delivered will be imputed to the price of the trip. If the traveler desists from the reservation request before his confirmation, the deposited amount will be refunded, less the management expenses that have been incurred.
3.2. The combined travel contract will be perfected at the time of confirmation of the reservation. If the agency can not offer the requested trip and offers the consumer a similar or different trip, the contract will be perfected if the consumer accepts the change within 48 hours. In case of not accepting such change, the deposit will be returned to the traveler.
3.3 These conditions will also be applicable when the consumer requests the elaboration of a customized package trip.
- Form of payment.
4.1 Once the reservation has been confirmed, the consumer must pay, as an advance, the amount remaining until the payment of 40% of the total amount of the trip is completed, the Agency issuing the corresponding receipt specifying it, in addition to the amount advanced by the consumer, the combined trip reserved. In the case of telephone or electronic confirmation, the client will request the reservation number and when making the payment by Bank, he will demand that his name be included in the deposit. If this payment is not made, the agency will understand that you waive the completion of the combined trip, subject to the conditions set forth in section 7.
4.2 The remaining amount must be paid at the time of the issuance of travel documents (transportation tickets , travel bonuses, etc). If the total price of the trip is not paid under the aforementioned conditions, it will be understood that the consumer desists from the requested trip, subject to the conditions set forth in section 7. All the reimbursements that are pertinent for any reason will always be formalized. Through the Retailer Agency where the registration was made, no refund was made for services not voluntarily used by the consumer.
The price of the package trip has been calculated based on the exchange rates, transport rates, fuel cost and taxes and rates applicable on the edition date of the program / brochure or subsequent ones that, if applicable, have been made public in print. Any variation in the price of the aforementioned elements may result in the revision of the final price of the trip, in the strict amounts of the aforementioned price variations. These modifications will be notified to the consumer, being able, when the modification made is significant, to desist from the trip, without any penalty, or accept the modification of the contract. Prices are always per person, calculated based on double room. The triple in most cases does not have any discount, although it is usually a double with an extra bed.
5.1. The package travel price includes:
- Round-trip transportation, when this service is included in the contracted program / offer, with the type of transport, characteristics and category included in the contract or in the documentation that is delivered to the consumer. at the time of subscribing.
The accommodation, when this service is included in the program / offer contracted, in the establishment and with the food regime that appears in the contract or in the documentation that is delivered to the consumer at the moment of signing it.
The rates or taxes of hotel establishments and indirect taxes when applicable.
Technical assistance during the trip, when this service is specifically included in the contracted program / offer.
All other services and supplements specifically specified in the program / offer contracted or expressly stated in the combined travel contract.
In the cases in which the Agency deems it appropriate, it will send a companion with the groups, who will be in charge of procedures and other procedures, not performing guiding functions.
5.2. Special offers: When contracting the package trip as a result of special offers, last minute or equivalent, at a price different from that expressed in the program / brochure, the services included in the price are only those that are specified in detail in the offer , even when said offer refers to any of the programs described in this brochure, provided that said referral is made for the exclusive purposes of general information of the destination.
5.3 The price of the package does not include visas, airport taxes, and / or entry and exit fees, vaccination certificates, “extras” such as coffees, wines, liquors, mineral waters, special diets even in cases of full board or half board, unless expressly agreed otherwise in the contract, washing and ironing clothes, optional hotel services, and, in general, any other service not expressly listed in the section “The price of the package includes “Or is not specifically detailed in the program / offer, in the contract or in the documentation that is delivered to the consumer upon signing it.
5.4. Excursions or optional visits: In the case of excursions or optional visits not contracted at source, it must be borne in mind that they are not part of the combined travel contract. Its publication in the brochure is purely informative. ” Therefore at the time of contracting at the place of destination, there may be variations in their costs, which alter the estimated price. On the other hand, these excursions will be offered to the consumer with their specific conditions and definitive price independently, not guaranteeing the possible realization of them until the moment of their contracting.
5.5 Tips: Tips are not included in the price of the package. The consumer is informed that in certain destinations the tip becomes practically obligatory.
6- Delimitation of services.
6.1- Air travel. Presentation at the airport. In air travel, the presentation at the airport will be made at least two hours in advance of the official departure time, and in any case the specific recommendations indicated in the travel documentation provided when signing the contract will be strictly followed. In the contracting of single services, it is recommended that the client reconfirm with a minimum of 48 hours in advance to the departure times of flights. And in all cases, on return trips, since your reservation could be canceled unilaterally by the Company. Aerial
6.2- Hotels. 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 in some of the latter a third bed can be enabled, it will always be estimated that the use of the third bed is made with the knowledge and consent of the people that occupy the room. This tacit estimate derives from the certain circumstance of having been previously warned, as well as the reflected figure of the room as threefold in the forms provided to the consumer in the contract and the tickets and / or documentation of the trip that is delivered simultaneously to the signature thereof. . Also in the cases of double rooms for use of up to four people, with four beds, when so specified in the offer of the program / brochure. In U.S.A. and in some American hotels in different countries, it is common for rooms with capacity for four people to be composed of two large beds. The usual schedule for the entrance and exit in the hotels is based on the first and last service that the user will use. As a general rule and unless otherwise expressly agreed, the rooms may be used from 14:00 hours on the day of arrival and must be vacated before 12:00 noon on the day of departure. When the service contracted does not include permanent guidance and in the event that the user anticipates arriving at the hotel booked on dates or times other than those described, it is advisable, to avoid problems and misinterpretations, to communicate as far in advance as possible. circumstance to the Organizing Agency, or to the hotel directly. However, the accommodation service will imply that the room is available on the corresponding night, understood to be borrowed regardless of the fact that due to the circumstances of the combined trip, the time of entry into the same room takes place later than originally planned.
6.3. Other Services.- On flights whose arrival at the destination point is after 12:00 noon, the first hotel service, when included in the program / brochure offer, will be dinner. Likewise, on flights whose arrival at the destination point takes place after 7:00 p.m., the hotel’s first service will be accommodation. It will always be understood as a direct air route that whose documentary support is a single flight coupon, regardless of whether the flight makes any technical stop. In the circuits, the coaches can vary in their characteristics according to the number of participants. If a passenger does not reach a sufficient number of passengers, it is possible to use a minibus, or “van”, which, unless otherwise indicated, does not have reclining seats. Also, in the description of each circuit is indicated whether the coach has air conditioning or not, it being understood that it does not have it if nothing is indicated. The transport in the natural parks for the realization of photographic safaris is carried out in “van” or in all-terrain vehicles characteristic of each country. In all the previous cases, the design, structure, comfort and safety of the transport vehicle may not be adapted to Spanish norms and standards, but to those that are specific to the destination country of the trip.
6.4. Supplementary Services.- When users request supplementary services (for example, ocean view room, etc.) that can not be definitively confirmed by the Organizing Agency, the user may opt to definitively abandon the requested supplementary service or keep his request pending. that such services can finally be provided to you. In the event that the parties have agreed to the prior payment of the price of supplementary services that can not be finally rendered, the amount paid will be reimbursed by the retailer immediately upon withdrawal of the service by the consumer or upon return of the trip , depending on the user has opted for the withdrawal in the provision of the requested supplementary service or has maintained the request.
6.5. Circuits.- The Organizing Agency informs the clients that in the circuits specified in the brochure, the accommodation service will be provided in one of the establishments related in the same or in another of the same category and area and also that the itinerary The circuit can be developed according to any of the options described in the program-offer. In the previous cases, if the consumer accepts this formula prior to the conclusion of the contract, this lack of definition will not lead to modification of the same.
6.6 Special conditions for minors.- Given the diversity of treatment applicable to minors, depending on their age, the service provider and the date of travel, it is recommended to always consult the scope of the special conditions that exist and that in Each moment will be the object of specific and detailed information and will be included in the contract or in the documentation of the trip that is delivered at the time of signing. In general, regarding accommodation, they will be applicable as long as the child shares a room with two adults. With regard to the stay of minors abroad will be the information provided on a case-by-case basis and to what may be stated in the contract or in the documentation of the trip that is delivered when subscribing. It is reported that the airline may require a document attesting the age of the child at the airport.
- Consumer withdrawal.
At all times the user or consumer can withdraw from the services requested or contracted, being entitled to the refund of the amounts paid, but must compensate the Agency for the following concepts: a) In the case of services loose, the totality of the management expenses, plus cancellation expenses, if the latter had occurred. b) In the case of combined trips and unless the withdrawal occurs due to force majeure:
- Management expenses plus cancellation fees, if any.
A penalty, consisting of 5% of the total trip if the withdrawal occurs more than 10 days and less than 15 days before the date of the beginning of the trip; 15% between days 3 and 10, and 25% within 48 hours before departure. If you do not show up at the scheduled time of departure, you will not be entitled to any refund of the amount paid, unless otherwise agreed by the parties. In the event that any of the services contracted and canceled are subject to special economic conditions of hiring, such as airplanes, ships, special rates, etc, … cancellation expenses for withdrawal will be established in accordance with the conditions agreed by both parties.
Transfer of the reservation.
The consumer of the combined trip may assign his reservation to a third person, requesting it in writing 15 days before the start date of the trip, unless the parties agree a shorter term in the contract. The user is informed that, on occasion, the airlines do not allow the change of name on the ticket. The transferee will have to meet the same requirements as the transferor, generally required for the combined trip, and both will be jointly and severally liable to the Travel Agency for the payment of the travel price and the additional expenses justified for the assignment.
- Modification of the contract.
The Travel Agency undertakes to provide its customers with all the contracted services contained in the program / offer that gave rise to the combined travel contract, with the stipulated conditions and characteristics. Therefore, before starting the trip, you can only make the changes that are necessary and do not alter the fundamental purpose of the trip.
If before the departure, the Organizer is obliged to significantly modify some essential element of the contract, including the price, it must immediately inform the consumer, either directly, when acting also as a retailer, or through the respective retailer in the other cases. In such case, and unless the parties agree otherwise, the consumer may choose between terminating the contract without penalty or accept a modification of the contract in which the variations introduced and their impact on the price are specified. The consumer must communicate the decision that he takes to the Retailer or, in his case, to the Organizer within three days after being notified of the modification. If you do not notify your decision in the terms indicated, it will be understood that you opt for the termination of the contract without any penalty.
In the event that the consumer chooses to terminate the contract, he will be entitled to the reimbursement, within a maximum period of one month, of all the amounts paid, or to the completion of another combined trip of equivalent or superior quality, provided that the Organizer or Retailer can propose it. In the event that the trip offered was of inferior quality, the Organizer or the Retailer shall reimburse the consumer, when applicable, depending on the quantities already paid, the price difference, in accordance with the contract.
- Cancellation of the trip by the Organizer.
The cancellation of the trip by the Organizer before the agreed departure date, for any reason that is not attributable to the consumer, gives the right to terminate the contract under the terms of section 9 and the Organizer and the Retailer will be responsible for payment to the consumer of the compensation that, where appropriate, corresponds to breach of the contract, which will be 5% of the total price of the contracted trip, if the aforementioned breach occurs between two months and 15 days immediately prior to the scheduled date for completion From the trip; 10% if it occurs between 15 days and 3 days before, and 25% in the event that the aforementioned non-compliance occurred in the previous 48 hours.
There will be no obligation to compensate in the following cases: 1. When the cancellation is due to the number of people registered for the combined trip being less than the required and so communicated to the consumer before the deadline set for this purpose in the contract , failing that, at least 10 days before the departure date. 2. When the cancellation of the trip, except in cases of excess reserves, is due to reasons of force majeure, meaning those circumstances beyond the invoking, abnormal and unpredictable, whose consequences could not have been avoided, despite have acted with due diligence.
11- Lack of service provision.
If during the course of the trip, the consumer appreciates the existence of a defect or the lack of provision of a contracted service, it must immediately inform the organizer and / or retailer and of course the service provider. In this case, once communicated, the organizer and / or retailer must act with due diligence to find appropriate solutions.
In the event that, after the departure of the trip, the Organizer does not provide or verify that it can not provide an important part of the services provided in the contract, it will adopt the appropriate solutions for the continuation of the organized trip, without any price supplement for the consumer, and, where appropriate, pay the latter the amount of the differences between the benefits provided and those provided. If the consumer continues the trip with the solutions given by the Organizer, he will be considered to accept these proposals tacitly. If the solutions adopted by the Organizer are unfeasible or the consumer does not accept them for reasonable reasons, the latter must provide the latter, without any price supplement, with a means of transport equivalent to that used in the trip to return to the place of departure or to any other that both have agreed, without prejudice to the compensation that may be appropriate.
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 to the trip, etc.) will be the responsibility of the Organizer, there being no obligation to compensate for these possible expenses of independent services If the transfers / assistance of the hotel-airport or vice versa or other similar, included in the offer, were not met, mainly for causes unrelated to the transfer operator and not attributable to the Organizer, the latter will reimburse the amount of the alternative transportation used by the client on the trip, upon presentation of the corresponding receipt or invoice.
The Organizing Agency and the Retailer will respond to the consumer, depending on the obligations that correspond to them for their respective field of management of the combined trip, of the correct fulfillment of the obligations derived from the contract, regardless of whether they are owed execute themselves or other service providers, and without prejudice to the right of the Organizers and Retailers to act against said service providers. The Organizer states that it assumes the functions of organization and execution of the trip. The Organizers and Retailers of combined trips will be liable for damages suffered by the consumer as a consequence of the non-execution or deficient execution of the contract. Said responsibility 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. That said defects are attributable to a third party that is not involved in the provision of the services envisaged in the contract and that are unforeseeable or insurmountable. 3. That the aforementioned defects are due to reasons of force majeure, understanding as such those circumstances unrelated to the party 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 cases of exclusion of liability for any of the circumstances provided in numbers 2, 3 and 4 the organizer and retailer who are part of the package will be required to provide the necessary assistance to the consumer who is in difficulties.
Regarding the limit of compensation for damages resulting from the non-performance or poor execution of the benefits included in the package, the limitations established in the International Agreements on the subject will be met. As for the damages that are not corporal, they must always be accredited by the consumer. In no case the agency is responsible for the costs of accommodation, maintenance, transportation and others that are caused by force majeure. When the trip is made by “vans” or similar coaches hired by the organizing agency, directly or indirectly, in case of accident, whatever the country where it occurs, the consumer must submit the relevant claim against the carrier entity in order to safeguard, in its case, the indemnification of the insurance of this one, being helped and advised gratuitously in such managements by the organizing agency.