GENERAL CONDITIONS: COMBINED TRAVEL
“Combination trip” means the previous combination of, at least, two of the following services (transportation, accommodation, other tourist services), sold or offered according to a global price, when said service exceeds 24 hours or includes one night of stay. The confirmation email received by the client is the program / offer binding to the following general conditions. In which it appears the destiny, the date of exit and return, the means of transport with indication of schedules, and the accommodation with specification of the category, number of rooms and diet contracted and object of this contract of trip. In addition, the total price of the reservation is indicated, indicating the supplements / discounts, if any. GENERAL CONDITIONS: COMBINED TRAVEL”Combined trip” means the previous combination of, at least, two of the following services (transportation, accommodation, other tourist services), sold or offered according to a global price, when said service exceeds 24 hours or includes one night of stay. The confirmation email received by the client is the program / offer binding to the following general conditions. In which it appears the destiny, the date of exit and return, the means of transport with indication of schedules, and the accommodation with specification of the category, number of rooms and diet contracted and object of this contract of trip. In addition, the total price of the reservation is indicated, indicating the supplements / discounts, if any.
1.- LEGISLATION APPLICABLE TO THE COMBINED TRAVEL CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS
The fact of reserving or taking part in any of the combined trips of our programming, implies the express acceptance of each and every one of the following General Conditions. These General Conditions are subject to the provisions of Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users. These General Conditions will be incorporated into all Combined Travel Contracts, and bind the parties, with the particular conditions agreed in the contract or contained in the documentation of the trip provided simultaneously with the signing of the contract. Loose services of hotel, transport or other tourist products are not covered by these clauses.
2.- ORGANIZATION
The technical organization of these Combined Trips has been carried out by PescaTravel, Travel Agency, registered in the Community of Madrid with CICMA Travel Agency License No. 3103 and with registered office at Boabdil Street, 18 of Villalbilla, Madrid and with NIF X -1350490-E being the owner of this website.
3.- PRICE 3.1 – The price of the package trip includes: Round trip transportation, when this service is included in the program / offer contracted, in the type of transport, characteristics and category recorded in the reservation and documentation sent by mail to the consumer. Airport fees when applicable. The accommodation, when this service is included in the program / offer contracted, in the accommodation and diet included in the reservation and according to documentation sent by mail to the consumer. Indirect taxes (VAT, IGIC) when these are applicable. Technical assistance during the trip, when this service is specifically included in the contracted program / offer. All other services and supplements that are specifically specified in the contracted program / offer. In the case of additional expenses foreseen in the combined trip that the consumer must assume, and that are not paid to the Organizer or the Retailer Agency, existence will be informed if its amount is known.
3.2 – The price of the package trip does NOT include: Visas, entry and exit fees, vaccination certificates, “extras” such as drinks (if not expressly included as such), special diets, laundry service, optional hotel services, excursions and optional visits … and in general, any Another service that is not expressly included in the section “The price of the package includes” or is not specifically detailed in the reservation or in the documentation sent to the consumer. Fishing trips, unless otherwise indicated, will not include licenses, special permits, courses and the rental of fishing equipment. Tips, tips are not included in the price of the package. In stipulated cases, the gratuity loses its voluntariness and, at the beginning of it, the consumer is warned that he must assume the commitment to deliver at the end of the trip a certain amount depending on the duration of the trip. That amount, set before the beginning of the trip, has as its sole recipient service personnel.
3.3 – Price review: The price of the package trip has been calculated based on the exchange rates, transportation rates, fuel cost and applicable taxes and fees on the date of booking the trip. Any change in the price of the aforementioned elements may result in the revision of the final price of the trip, both upwards and downwards, in the strict amounts of the aforementioned price variations. These modifications will be notified to the consumer, in writing or by any means that allows to have proof of the communication made. In no case, it will be revised upwards in the twenty days immediately prior to the departure date of the trip.
4.- FORM OF PAYMENT, REGISTRATION AND REIMBURSEMENTSThe total amount of the trip must be paid prior to sending the documentation and in any case always before the scheduled date of departure of the trip. If the total price of the reservation is not paid under the aforementioned conditions, it will be understood that the consumer desists from the requested trip, the conditions provided in the following section being applicable. In the event that prior to the conclusion of the contract the Organizer is unable to provide any of the services requested by the consumer and so communicate it through the Retailer Agency, the consumer may withdraw their request by recovering exclusively the anticipated amounts, if any. All reimbursements that are pertinent for any reason, will always be formalized through the Retailer Agency where the registration was made, not making any refund for services not used voluntarily by the consumer. The purchase of any product will only be effective when the retailer realizes the charge in a valid way on the credit card provided or the amount of the purchase is received by means of a transfer, which may be canceled by the Agency until such time. retailer. In the event that the credit card is rejected for payment for any reason, your reservation may be canceled without prior notice. The fact of requesting a reservation implies commitment on the part of the consumer to authorize the charge on the credit card or bank account that he / she provides for the entire amount of the contracted trip. In the case of a low cost airline booking + hotel, the client will receive two charges on his credit card: One for the part of the air fare (the payment is made directly on the company’s own system), and another for part of the Retailer Agency, with the difference up to the contracted price, which covers the rest of the services.
5.- MODIFICATION OR CANCELLATION BY THE CUSTOMER 5.1 – Cancellation of the reservation by the consumer: At all times the consumer and user may withdraw from the services requested or contracted, having the right to the return of the amounts that would have been paid only in case the retailer can re-place the traveler, but must compensate the Organizer or the Agency retailer in the amounts indicated below: 1. The handling costs (€ 150 per person). 2. The cancellation expenses of the suppliers, if any. In the event that the contracted and canceled services are subject to special economic conditions of hiring (hotel or non-reimbursable transportation rates, hiring of special flights, circuits, cruises, etc.) cancellation costs for withdrawal will be those established by the provider thereof.
5.2 – Modification of the reservation by the consumer: Any change and / or modification requested by the consumer once the reservation process has been initiated will incur management fees and may be subject to possible changes in the rate and new availability of places. Any cancellation and modification must be received at the Retailer Agency during working hours from Monday to Friday to be considered effective. Otherwise, the modification cancellation date will be understood as effective from the next working day.
6.- ASSIGNMENT OF THE RESERVATION The consumer of the combined trip may assign his reservation to a third person, who meets all the conditions required for the same. Both will be jointly and severally liable to the Agency for the payment of the price of the trip and the additional expenses caused by the transfer. The cession must be communicated in writing 30 days before the date of the start of the trip. Such assignment will not be possible when enough cause is present, and / or the airway does not accept change of name.
7.- MODIFICATION OR CANCELLATION OF THE TRIP BY THE ORGANIZER The Retailer Agency undertakes to provide the consumer with all the contracted services contained in the program that gave rise to the combined travel contract, with the stipulated conditions and characteristics, all in accordance with the following points: a) In the event that, before the departure of the trip, the Organizer is obliged to significantly modify any essential element of the contract, it must immediately inform the consumer. b) In such case, and unless the parties agree otherwise, the consumer may choose between resolving 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 adopts to the Retailer Agency within three days after being notified of the notification referred to in the previous section. 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, unless he actually makes the trip with the changes introduced, which will be considered a tacit acceptance of the modified contract. c) In the event that the consumer chooses to terminate the contract, under the provisions of section b), or that the Organizer cancels the package trip before the agreed departure date, for any reason that is not attributable to the consumer, the latter shall be entitled, from the moment of the termination of the contract, to the reimbursement of all amounts paid, according to the same, or to the performance of another combined trip of equivalent or superior quality, provided that the Retailer Agency can propose it to you. In the event that the offered trip is of inferior quality, the Organizer or the Retailer Agency shall reimburse the consumer and user, when applicable based on the quantities already paid, the price difference, according to the contract. d) In the above cases, the Organizer and the Retailer Agency will be responsible for the payment to the consumer of the compensation that, if applicable, corresponds to breach of the contract, which will be 5% of the total price of the contracted trip, if the aforementioned breach occurs between 60 and 15 days immediately prior to the planned date of completion of the trip; 10% if it occurs between 14 and 3 days before, and 25% if it occurs in the previous 48 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 combined trip is lower than the required one and so it is communicated in writing to the consumer with a minimum of ten days before the scheduled date of the trip.When the cancellation of the trip, except in cases of excess reserves, is due to reasons of force majeure. Are circumstances of force majeure circumstances beyond the Agency retailer or Organizer, abnormal and unpredictable whose consequences could not have been avoided, despite having acted with due diligence. f) In the event that, once the trip has started, the Organizer does not provide an important part of the services foreseen in the contract, it will adopt the appropriate solutions for the continuation of the organized trip, without any supplement to the price for the consumer, and , if applicable, pay the consumer the amount of the difference between the benefits provided and those provided. If the consumer continues with the solutions given by the Organizer, it will be considered that he accepts these proposals tacitly. g) 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 origin, without prejudice to the compensation that may be applicable. h) In the event of a claim by the Retailer Agency or, where appropriate, the Organizer must work diligently to find the appropriate solutions. i) In no case, everything not included in the Combined 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 previous days 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 provided in section e). j) The service of transfer from the airport, port or station to the hotel or other place planned for the trip, is contracted as a general rule, until one hour after the expected time of arrival of the user to them. Therefore, if the aforementioned arrival occurs after that period, even if due to force majeure, the transfer service may not be provided. If the transfers / assistance from the hotel-airport or vice versa or similar, included in the reservation, are not met, mainly for reasons beyond the control of the transfer and not attributable to the Organizer, the latter will only reimburse the amount of the alternative transport used by the consumer in the displacement, upon presentation of the corresponding receipt or invoice. k) No refunds will be made for services not used voluntarily by the travele
8.- OBLIGATIONS OF THE CONSUMER
8.1.- To communicate any breach in the execution of the contract: The consumer is obliged to report any breach in the performance of the contract, preferably “in situ” to the representative of the Organizer at destination as recorded in the travel documentation or, in other cases, as soon as possible, in writing to the Organizer or the Retailer agency and, where applicable, the provider of the service in question, at the telephone numbers and addresses indicated on the banknotes. In the event that the solutions arbitrated by the Retailer Agency are not satisfactory to the consumer, the latter will have a period of one month to complain to the Retailer Agency and in reciprocity the Organizer will formally answer within a month of receiving it, using the same way.
8.2.- Documentation in order: All users, including children, must have their personal and family documents in order, be it their passport or ID, according to the laws of the country or countries visited. It will be on their account when the trips so require the obtaining of visas, passports, vaccination certificates, etc. In case of being rejected by any Authority the granting of visas, for particular reasons of the consumer, or being denied entry to the country due to lack of the requirements that are demanded, or by defect in the required documentation, or by not being a carrier of the same, the Organizer and the Retailer Agency declines all responsibility for acts of this nature, being at the expense of the consumer any expense that may arise, applying in these circumstances the conditions and rules established for the cases of voluntary withdrawal of services. It also reminds all users, and especially those who have a nationality other than Spanish, that they must ensure, before starting the trip, to have complied with all the applicable rules and requirements regarding visas in order to be able to enter without problems in all countries that are going to be visited. Children under 18 must have written permission signed by their parents or guardians, in anticipation that it can be requested by any authority. We alert South American subjects to the existence of a visa in many Eastern European countries. The traveler declares that he knows and will comply with the government requirements for documentation of departure, entry and others.
9.- RESPONSIBILITY OF THE ORGANIZERS AND DETAILSThe Organizer and the Retailer Agency will respond to the consumer, in accordance with 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 must execute them themselves or other providers of services, and without prejudice to the right of the Organizer and Retailer Agency to act against said service providers. The Organizer states that it assumes the functions of organization and execution of the trip. The combined travel Organizer and Agency will be liable for damages suffered by the consumer as a result of the non-execution or poor execution of the contract. Said responsibility shall cease when any of the following circumstances occurs: a) That the defects observed in the execution of the contract are attributable to the consumer. b) That said defects are attributable to a third party unrelated to the provision of the services envisaged in the contract and that they are unpredictable or insurmountable. c) 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. d) 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. e) However, in the cases of exclusion of responsibility for any of the circumstances provided in numbers b), c) and d), the Organizer and the Retailer Agency that are parties.
Limitation of liability: That the defects observed in the execution of the contract are attributable to the consumer. As regards non-bodily damages, these must always be accredited by the consumer. In no case the Agency retailer or Organizer are responsible for the cost of accommodation, maintenance, transportation and others that arise as a result of delays in departures or returns of means of transport due to force majeure. When the trip is made by any means of land transport contracted by the Organizer directly or indirectly, in case of accident, the consumer must submit the relevant claim against the carrier entity in order to safeguard, where appropriate, the insurance compensation of This, being assisted and advised free of charge in its efforts by the Retailer Agency. Responsibilities of airlines: The passenger carrying the corresponding air ticket, as of 2005, can demand directly from the air carrier transporting him the fulfillment of his obligations in the event of overbooking, serious delays, loss of luggage, etc. in accordance with Regulations (EC) No. 889/2002 and 261/2004.
10.- INFORMATION THAT THE DEALER AGENCY MUST PROVIDE TO THE CONSUMER The consumer is informed that he / she can obtain detailed and up-to-date information on the specific documentation required for the chosen trip on the websites of the Ministry of Foreign Affairs and the Ministry of Health (www.maec.es, www.msps.es), as well as advice on the optional contracting of an insurance that covers the cancellation expenses and / or an assistance insurance that covers the expenses of repatriation in case of accident, illness or death; and information about the probable risks implicit in the destination and the contracted trip, in compliance with the General Law for the Defense of Consumers and users.
11.- OTHER ADDITIONAL INFORMATION
11.1.- Travel by plane In air travel, the presentation at the airport shall be made at least one and a half hours in advance of the official departure time, and in any case the specific recommendations indicated in the travel documentation provided to the consumer shall be strictly followed. In the contracting of air services, it is recommended that the client reconfirms the flight departure or return times 48 hours in advance. 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 some cases, certain airstrips will be made with an airline that does not appear on the ticket or in the confirmation of the reservation, due to the use of shared codes and alliances that exist between airlines, which can not be held responsible or Organizer or the Retailer Agency. Since 2007, the airlines have been obliged to issue electronic air tickets. Due to the multitude of airlines and contracted fares, it is recommended to reconfirm the allowed baggage allowance in each case.
11.2.- Hotels Category 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. In some cases, information on the category of hotels will be provided using the star rating, although this is not the current one in the specific country, so that the consumer can, through the star equivalence, be more easily oriented the services and categories of the establishments, in the knowledge always that such qualification only responds to the assessment made by the Organizer. Bedrooms. 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 3rd and 4th bed can be enabled, it will always be estimated that the use of said extra beds is done with the knowledge and consent of the people who occupy the room and thus the room will be reflected as triple in all printed forms provided to the consumer. Entrances and exits. 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 contracted service does not include permanent guidance and in the event that the user anticipates arriving at the hotel or apartment booked on dates or times other than those described, it is advisable, in order to avoid problems and misinterpretations, to communicate with the most anticipation possible such circumstance to the Retailer Agency, or to the establishment directly. The hotel accommodation service will be understood to be provided provided that the room has been available to the consumer on the corresponding night, independently of the fact that, due to the circumstances of the Combined Trip, the entry time in the same occurs later than initially provided. Admission of pets. Likewise, you must consult the Retailer Agency, at the time of making the reservation, the possibility of bringing animals, as they are generally not allowed in the hotels and apartments.
Food services S.A. / HE HAS. = Only accommodation. A.D. / H.D. = Bed and breakfast. M.P. = Half board (usually breakfast, dinner and accommodation) P.C. = Full board (breakfast, lunch, dinner and accommodation). YOU. = All inclusive. S.P. = According to the program Unless expressly indicated, beverages are never included. On flights arriving at the destination point after 12.00 hrs, the first hotel service, when included in the reservation, will be dinner. If the arrival is made after 7:00 PM, the first hotel service will be the accommodation.Supplementary services. When users request supplementary services (Sea view rooms, etc.) that can not be definitively confirmed by the Organizer, and these can not be provided, the Retailer Agency will not incur more responsibility than to reimburse the amount paid for such services. immediately to the withdrawal of the service by the consumer or return of the trip. Some facilities in some hotels are operative exclusively on specific dates and not all season, such as air conditioning, heating, swimming pools, jacuzzis, etc. that will be subject to what is determined by the hotel establishment. Depending on the number of clients according to nationality, hotels reserve the right to schedule their exclusive activities in foreign languages.
11.3.- Apartments When making the reservation, the consumer is fully and exclusively responsible for making the correct declaration of the number of people who must occupy the apartment, without omitting the children whatever their age. It is noted that the administration of the apartments can legally refuse to admit the entry of those persons not declared, there being no place for any claim for that cause. In some cases there is the possibility of enabling extra beds or cots, which must be requested by the consumer before the contract is concluded, and unless expressly mentioned otherwise, will not be included in the price published in the apartment. In the rent of apartments in some occasions, has to subscribe “in situ” the corresponding contract of lease according to the model adjusted to the current LAU, of which, in case that it was possible and thus it had been requested in writing the consumer to The Retailer Agency may obtain a copy prior to the beginning of the trip. This contract must be signed by the consumer, who will pay the corresponding guarantee or liability insurance to respond to any damage, if that is required.
11.4.- Circuits The Organizer informs the consumer that in the circuits the accommodation service will be provided in one of the related establishments in the same or in another of the same category and area and also that the itinerary of the circuit may be developed according to any of the options also 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. 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 that a minibus or low-capacity vehicle is used, 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 vehicles of little capacity or of all-terrains characteristic of each country. In all the above cases, the design, structure, comfort and safety of the transport vehicle may not adapt to Spanish norms and standards, but to those of the country of the destination of the trip.
11.5.- Luggage The luggage and other personal belongings of the traveler are not subject to the combined travel contract, it being understood that it is transported by the traveler himself and at his full account and risk. The Retailer Agency or the Organizer are not obliged to respond to any type of incident or its consequences, related to baggage. Carrier companies (air, sea, river, land, rail, etc.), may respond to the traveler in accordance with the provisions of the Transportation contract that constitutes the Passage Ticket. Contract that is established exclusively between said company and the traveler, and to which the Organizer is alien. Likewise, in hotels, they will be responsible, in accordance with their specific rules, for any incident related to luggage and equipment that occurs during the period of accommodation in them. It is recommended that all passengers be present in all cargo handling and handling of their luggage, and make the appropriate claim to transport companies or the hotel at the time of observing any deficiency, damage or disappearance of their luggage.
11.6.- Special conditions for children Given the diversity of treatment applicable to children, 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 at all times will be the subject of specific and detailed information and it will be included in the contract or travel documentation that is delivered to the consumer. In general, regarding the accommodation, the discounts to the child will be applicable whenever you share the room with two adults.
11.7.- Discounts for babies, children, large families, residents The consumer is responsible for providing documentation that proves that he / she complies during the entire trip with the requirements to benefit from the discount on all services that include it. In case of detecting at any time that a customer with a discount applied does not meet the required requirements, the corresponding additional payment will be required.
11.8.- The photographs and maps reproduced in the programs and on the web are intended only to offer more information to the consumer. In case of any type of modification in the establishments, this can not be considered as misleading advertising by the Organizer or the Retailer Agency.
12.- JURISDICTION, CLAIMS AND ACTIONS DERIVED FROM THE CONTRACT.
The Combination Travel Contract is governed by the agreement of the parties, the provisions of these General Conditions and by the provisions of Royal Legislative Decree 1/2007 of November 16. The possible claims of the consumer for the lack of execution or the deficient execution of the Contract, must be made in writing through the Retailer Agency within a maximum period of 30 days from the day that the trip ended. In order to simplify the resolution of claims through civil law and reduce costs to the consumer, the Organizer does not exclude the possibility of submitting to an Arbitration of Equity of the Arbitration Court of the Chambers of Commerce of Madrid. Otherwise any claims will be resolved in Spanish civil court system in the city of Madrid. The Organizer of the combined trip, is not adhered to any arbitration system of the Consumers’ Meetings.
13.- PRESCRIPTION OF CLAIMS The term of limitation of the derivative actions in the rights recognized in the R.D. Legislative 1/2007 will be 2 years, as established in art. 164 of the aforementioned law.
14.- PUBLICITY CAMPAIGNS AND DISCOUNTS All advertising campaigns in which a discount is applied to the customer for various reasons (advance sale, launch offer, etc …) this will always be on the base amount of the trip and will never be made on net amounts such as airport or port charges.