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1 GENERAL TERMS AND CONDITIONS:
Our consumer must recognise that
he/she has read this carefully, understanding all the general conditions/terms.
The purchase of any of the trips published in this system expresses
that, the client accepts all the general conditions, which, automatically
are incorporated in the contract, not being necessary to transcribe
it individually.
If the client wants any addition or modification of these general
conditions, he/she will obviously assumes that the Agency will refuse
to work with him/her, unless the company expresses otherwise by
a formal writing.
Once the client has made the contract of the package/combined trip,
the client shall recognise that the Agency has informed him/her
previously about the specific documents necessary to make the journey
which he/she has chosen, for example, by advising him/her about
the hiring/buying an insurance that covers all cancellation costs.
2. PRICE:
The prices are based on the price
of transport, they include: the fuel, the taxes and the applicable
charges to the trip, at the moment of being published in the programmed
offer. As a consequence, any variation of the price can change the
final price. Never, the prices can be change twenty days before
the departure day.
This variation will be notified to the client by any form of contact.
He/she will be able to choose,(when the modification is not relevant),
between resigning the holiday without charges or accepting the modification
of the contract.
The following concepts are included on the price :
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Return ticket when transport
is included in the contract. |
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Accommodation and meals at
the hotels or establishments meant in the contract or at others
of similar category, always when they are included in the
contract. |
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Indirect taxes which are applicable
(i.e., IVA, ICIC) |
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Technical assistance during
the holiday, always if it is included in the contract. |
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Other services and additional complements should be specifically
in the contract.
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However, in the case of not being included in the contract, they shall
be excluded of the price: the visas required, the fixed airport
rates of arrivals and departures, vaccination certificates, "extras"
(ex: water, coffee, optional hotel services...). Any condition not
included in the contract would not be included in the price.
This means, that the excursions or visits purchased at the destination
point are not part of the combined trip. The publication in the
bargain-program is just to inform you and to let you know that
the price is just an estimate (that is why once the contract has
been made, there could be changes in the prices). The Agency does
not guarantee/reassure the activity.
The tips are not included in the price of the combined holiday
even though they are an obligation for example in the cruises.
When last minute bargains come out, the price of the bargain
purchased is different to the one offered in the program. And
in the bargain offer, will only be included the different detailed
services, even though the information about the destination changes
the program-offers general information.
3. FORM OR PAYMENT AND REPAYMENT
At the same time as requesting the combined trip, the client will
have to pay the total amount, and the Agency, will send he/she an
e-mail confirming the request with the
contract.
All repayments will have to go through the Agency. There would
not be repayments for the services that the client has not used
voluntary.
4. CESSION/GRANTING
The client of the combined trip can, free of charges give his/her
reservation to anyone that fits into the required conditions. This
cession must be communicated to the Agency at least fifteen days
before the start of the trip. The one that is handing over and the
one that is granted will respond jointly to the Agency to pay the
price of the holiday and the additional justified costs that could
have originate the cession, or, for example, the flight tickets.
5. MODIFICATION OF THE CONTRACT BEFORE THE
START OF THE HOLIDAY
In case that before the service starts, the Agency has to modify
significantly an essential part of the contract, they will communicate
it immediately to the client, who will be able to choose within
three days between continuing with the contract without charges,
or accepting the changes made.The client understands, that the 2nd
condition concerning the revision of prices is included, in the
condition of the last paragraph and concerning the minimun number
of passengers.
If the client decides to accept the changes of the contract, as
it is said in the above paragraph, and if the company resolves the
problem to the client; the Agency will offer he/she a trip of the
same quality or superior or they shall pay back all the money which
they have spent. If the modification offered has an inferior quality
than the one contracted before, the Agency will have to pay the
difference.
In addition to this, the Agency will have to give the client a
compensation consisting on applying the percentage over the total
of the journey This will depend on the previousness between the
beginning of the holiday and the date of resolution.
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·With more than ten days and less
than fifteen in advance: 5% |
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With more than two days an less than ten
days in advance: 15% |
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·Within forty hours and before eight
hours: 25% |
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This compensation will not take place when in the contract has been
fixed a minimum of passengers and this is not been completed(not
enough people have been registered) or when there is a force majeure.
6. DESISTING
The client when ever he/she wish can desist from the services,
and he/she has the right of having their money back but they will
have to pay a compensation for the following reasons:
a) The administration costs plus
the cancellation costs of the journey if there were any.
b) A compensation consisting on the
percentage over the total price of the journey depending on the
days of difference between the start of the journey and the desist.
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·Within more than ten days or fifteen
less in advance: 5% |
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·Within more than two days or at
least ten days in advance: 15% |
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·Within forty days and less than
eight hours: 25% |
If the client does not show up
on time the departure date, he/she will loose all rights to get
refunded for the amount paid, unless it has been for a demonstrated
force majeure. In this case, the client will not be penalised for
desisting.
Some services are subject to economical conditions (ex flights,
apartments, especial rates,etc.), and, in this case, the charges
of desisting cancellations will be paid.
In the case of hiring particular services, the client will only
have to compensate for the cost generated by the management if they
produce some cost of cancellation .
For the services/trips which require a minimum group of people,
once the enough number of clients is registered , this is subject
to a special cancellation condition:
If someone cancels in the group his/ her trip, he/she will have
to pay the necessary amount, so, the rest of the group can still
go on the journey without having any extras charges.
But , in the case of a new reservation for the same trip assuring
again the minimun group, the above mentioned, will be exempt from
paying the special cancellation costs.
7. CHANGING OR MODIFYING THE CONTRACT
AFTER STARTING THE HOLIDAY
During the period of the holiday,
if the Agency is not able to provide the client with any of the
services requested they will have to give a solution to continue
the trip in the most similar conditions as the ones the client have
requested, without any extra charges. In the case, that the given
services are worst than the ones request; the agency will have to
pay the differences to the client. The continue of the trip means
that the client accept the conditions of the Agency.
If the solution is not valid or the client does not accept it for
one good reason, the Agency will have to provide the client, without
any extra costs on the price, a way of travelling back home, paying
back the corresponding amount if the new one is cheaper. If this
happens, the client can demand the Agency for breaking the contract.
Unless it has hapenned for a good reason or force majeure.
8. RESPONSIBILITY
The Agency will answer the client with the correct fulfilment of
the contract, not depending whether the service is made by them
or by a lender.
In the case that more than one Travel Agency is involved in the
matter, they will all answer jointly for the fulfilment of the contract.
The Agency will answer for any damage suffered by the client, for
not fulfilling the contract or for a deficient contract; except
from these cases:
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A defective use of the service by the client. |
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If the defective service is a failure made
by a third person/agency, unforeseen. |
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If the failure is for any reason that comes
from a not normal circumstance which was not possible to avoid
even actin with speed. |
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If the failure is caused due to something
that the Agency, even after acting with the best care, it was
not possible to avoid. |
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The Agency will not be responsible for any
of the costs of accommodation, meals, transport or other services,
caused by a delay in the departure or arrival, due to the weather
conditions, technical, strikes or other causes force majeure. |
If the (repayment/indemnification) compensation
for any damage cost by the failure of the services included in the
holiday, will be established by the following international terms.
The prescribing date for the damages or actions derivated from
the contract, is of two years.
Any action made against the service contract, won´t exempt
you from the payment of the bill.
The client has the obligation to communicate anything that has
not been fulfilled in the contract. Better, inmediatly to the Agency
which has been the intermediate between the holiday and the client,
by writing a letter or in person, to proof your demand.
The Agency will constitute and establish a deposit to answer for
the fulfilment of the services required in the contract of the combined
holiday. Especially when they have to repay the deposit and to repay/repayments
of the costs This deposit will be subject to the fulfilment of the
obligations which leads from:
a) Resolution in juridical way, for
economical renponsabilities of the Agency who the client goes/attends
to.
b) Decision dictated by the assembly
that referees/controls the consume, before submitting
the two parts.
In case that the deposit is carried out, it must be replace within
fifteen days, until it is covered again.
9. DOCUMENTATION
All the consumers should have all their documents up to date, example
passports, NID, depending on the laws of the countries visited.
They will be the responsables for the necessary, passport, vaccination
certificate, etc. The Agency is not responsible if the passport
or the entry is refused by the abroad country. In this case, the
client will have to pay all the terms and conditions derivated from
the cancellation.
This condition remember clients, and, moreover, abroad clients,
that they must reassured before the start of the holiday, that they
have everything request, so they don't have any problems when entering
any country. Anyone that is under 18 must have a written permission
signed by their parents of guardians.
10. LUGGAGE
Concerning the transport of the luggage the conditions will be
applied by the transporting company, being the ticket of the journey
the contract between the company and the passenger.
In case of any damage or deviation of the luggage, we recommend
the client to make suitable letter claiming, directed to the company
reponsable.
Every client has the right to take with them two bags, never more
than 20kg, and if it weight more, they will have to pay the differences.
If the transport being used is by human beings, animals, range or
four wheel drive, the weight allowed is of 12kg no excesses allowed.
In the case of transport by land, the clients run with the risk,
and it is convenient to be present when the luggage is being loaded
or unloaded.
11. ESPECIAL FARES FOR KIDS/CHILDREN
The conditions, in this case, are depending on the age of the child,
on the supplier and on the date of the trip. It is convenient to
ask if there is any especial condition for your case, they can be
gathered in the contract. Especially these conditions are applied
when the child shares a bedroom with the adults. The suppliers of
the services might require at any time the age of the child, and
we advise you to have documentation at hand.
12. APLICABLE LAWS
Besides its special and current general conditions, the 21/1995
Law of July 6th, regulatory of the Combined Trips, the 7/1998 Law
of April 13th, about General Contracting Conditions, the 26/1984
Consumers and Users General Law of July 19th and also other complementary
legislation, are applicable to this contract.
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