For the purposes of these General Conditions, the invoice of the accepted budget is the informational document to which these are incorporated. The accepted budget is the description of the combined trip contained in the invoice that constitutes the object of the combined travel contract. The information on the accepted budget contained in the invoice is binding for the organizer or retailer, unless one of the following circumstances exists:
The changes in that information have been clearly communicated in writing to the consumer before the formalization of the reservation and such possibility has been expressly mentioned in the budget, as with all the contents of the invoice.
That subsequent modifications are made, subject to a written agreement between the contracting parties.
1. Legal regulation applicable to the combined travel contract and the General Conditions acceptance.
These General Conditions are subject to the provisions of Book IV of the Royal Legislative Decree 1/2007, from November 16, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, and the Law 7/1998 from April 13, on general conditions of recruitment (April 14, 1998). When the airline cancels a flight or is very late, it will be responsible for providing the necessary assistance and attention to the affected passengers, having to assume the expenses for meals, calls, transportation and overnight stay, if applicable, EEC Regulation 261/04 laying down common rules on the compensation and assistance for air passengers in cases of denied boarding and cancellation or long delay of flights.
In the case of flight cancellation, the airline will also be obliged to pay the corresponding compensation to the passenger, as well as for reimbursing the price of the plane ticket if the passenger chooses this option. If the cancellation is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken, the air carrier responsible for carrying out the flight will not be obliged to pay the compensations but to provide the necessary assistance and attention to the affected passengers and to reimburse them the price of the ticket if they opt for this option.
The EEC 2111/2005 Regulation.
In accordance with the provisions of the EEC 2111/2005 regulation, the organizing agencies, when confirming the reservation, shall inform the identity of the airlines operating the flights. If the exact identity of the operating company of the flight is not known at the time of booking, the organizing agency shall ensure that the passengers of the company are informed that the flight is likely to operate. Likewise, if, after confirmation of the reservation, the operating company of the flight is changed, the travel agency shall immediately take all appropriate measures to ensure that the change is informed as soon as possible to the passengers.
The organization of these trips has been carried out by VIAJES ARENA TOURS S.L. C.I.F. B-84916337, with address at Torre de Cristal, Pª de la Castellana 259-C Planta 18, Madrid C.I.C.M.A No. 2129. The telephone numbers and addresses of the offices for VIAJES ARENA TOURS S.L. or their correspondents, will be detailed in the travel documentation.
The price of the combined trip has been calculated on the basis of the exchange rates, transport fares, fuel cost and taxes applicable on the date of acceptance of the budget. Unless indicated otherwise, the invoice reflects prices per person with accommodation in standard double room and tourist class flights. Any variation in the price of the mentioned items may result in a review of the final price for the trip, both upwards and downwards, in the strict amounts of the price variations mentioned. These modifications will be notified to the consumer, in writing or by any means that will allow stablish a record of the communication made, being able, when the modification is significant, to give up the trip without penalty, or to accept the modification of the contract. In no case at all, the price will be revised upwards within twenty days prior to the departure date, in respect of applications already made.
The price of the Combined Trip includes:
- The round trip transportation, when this service is included in the accepted budget, the type of transport, characteristics and category that appears in the invoice or in the documentation that is delivered to the customer at the time of paying for the trip.
- The accommodation, when this service is included in the accepted budget, the establishment and diet on the invoice or in the documentation that is delivered to the consumer at the time of paying for the trip.
- The fares or taxes for transport and hotel establishments.
Indirect taxes (I.V.A., I.G.I.C.) where these are applicable.
All other services and supplements that are specifically specified in the accepted budget.
- All that is expressly stated in the invoice for the combined trip.
- In the Christmas season, many hotels and services apply more restrictive cancellation conditions than usual. Check with your Travel Planner the specific cancellation conditions of the contracted services.
- The price of the Combined Trip does not include: Visas, vaccination certificates, “extras” such as coffees, wines, spirits, mineral waters, special dietary regimes – even in cases of full board or half board, unless expressly agreed in other services, and, in general, any other service that is not expressly included in the budget, in the invoice or in the documentation that is given to the consumer when accepting the budget.
- Tours and optional visits: In the case of excursions or optional visits that are contracted at any destination, it should be kept in mind that they are not part of the combined travel contract. Its mention in the budget is merely informative in nature, having been its price estimated. Therefore, when they are contracted at the destination place, there may be variations in their costs, which may alter the estimated price. On the other hand, these tours will be offered to the consumer with their specific conditions and final price independently, not guaranteed, until the moment they are contracted and the possible realization of them.
- Tips: Tipping is not included in the price for the combined trip.
Services not included in the “all inclusive” regime depending on the specific offer of the selected hotel.
- In the Christmas season, many hotels and services apply more restrictive cancellation conditions than usual. Check with your Travel Planner the specific cancellation conditions of the contracted services.
4. Form of Payment. Registration and refunds.
In the act of formalizing the reservation, the Agency may require an advance payment that in no case will exceed 40% of the total amount for the trip, unless there are less than 28 days until the departure date, or, that another customer is agreed upon form of payment, issuing the corresponding invoice specifying, in addition to the amount anticipated by the consumer, the combined trip requested.
The remaining amount must be paid against the delivery of the travel documents or documentation, and must be made at least twenty-eight days before the departure date. If there´s any failure to pay the total price for the trip in the indicated conditions, it will be understood that the consumer desists of the requested trip, being the conditions foreseen in the following section, applicable. All reimbursements that are due for any concept, will always be formalized through the Retail Agency where the reservation has been made, not making any refund for services not used voluntarily by the consumer.
5. Consumer withdrawal, cancellations and travel cancellation.
At all times the user or consumer may desist from the requested or contracted services, being entitled to the refund of the amounts that would have paid, whether it is the total price or the in-advance amount provided for the same concepts in the preceding paragraph, but must compensate the Agency for the concepts indicated below:
- The management fees, € 46 per person.
- The amount of insurance contracted.
- A penalty, consisting of 40% of the total amount of the trip, if the withdrawal occurs between the 40th and 28th days before the departure date, provided the air tickets have not been issued with a promotional rate with cancellation and refund conditions Restricted.
- In the case of a withdrawal that affects services contracted firmly by the agency between the days 27 and 7 days before the departure there will be a penalty of 70% of the total of the services contracted.
- 7 days before departure, there will be no right to any refund of the amount paid.
- In all cases of reimbursement, the agency may retain the price of expenses incurred plus the commission of € 46 per person for services contracted with third parties.
- In the event that any of the contracted and cancelled services are subject to special economic conditions of hiring in accommodation establishments and services, such as freight of aircraft, ships, special rates, etc.; the cancellation expenses for the withdrawal will be established in accordance to the conditions sent as an attachment to this invoice.
- Tickets issued with promotional air fares do not allow refunds.
b) For groups:
- If a group suffers a reduction of 10%, this will be recalculated and the price will vary according to the available places.
- The total of places can not be less than 10 passengers.
- 25% of the airline expenses are not refundable.
- A penalty, consisting of 45% of the total trip if the withdrawal occurs between 60 and 30 days before the departure date, 70% if it occurs between 30 and 16 days before the departure date; and if the withdrawal happens between 15 days before departure and the departure date, the customer won´t be entitled to get any refund of the paid amount.
- The amount paid for the contracted insurance.
- In the event that any of the services contracted and cancelled are subject to special economic conditions of hiring in accommodation establishments and services, such as freight of aircraft, ships, special rates, etc.; the cancellation expenses for the withdrawal will be established in accordance with the conditions sent as an attachment to this invoice.
- For each group will be attached, if there were, the special conditions. Correction or change of names will be allowed provided air tickets have not been issued.
- The date changes for all segments or all passengers will be considered a new quote.
- No airline changes are permitted once tickets are issued.
Likewise, we indicate that most airlines require the issuance of the electronic ticket well in advance and set a cancellation fee from that date. Once the air ticket has been issued, the consumer must pay € 200 penalty in case of cancellation of the reservation. The issue of the electronic ticket supposes a supplement of 15 to 30 euros, according to company, not included in the price.
The excursions that are originally contracted as an integral part of the combined trip, such as those purchased by the consumer to the Organizing Agency itself, will govern in relation to the expenses for cancellation due to their specific conditions, which will be manifested orally to the Customer, knowing all of them will share the penalty for 100% of its amount if the consumer doesn´t show to take them. In the case of tours contracted at the destination by the consumer to companies other than the Organizing Agency, the latter will not have any responsibility, since it is obviously not a part of the aforementioned legal relationship.
When there is a cause of majeure force and the consumer desists of the trip, he must communicate his circumstance to the insurance company in order the coverage of the annulment insurance he had contracted, take effect.
In cases in which the organizer determines, and expressly specifies, the viability of the combined travel offer to have a minimum of participants and that number can´t be reached and then the cancellation of the trip occurs, the user will be entitled exclusively to the refund of the total price or of the anticipated amounts, without being able to claim any amount as compensation, provided that the Agency has notified it in writing at least ten days before the scheduled date of commencement of the journey.
The expiration date of the passport must be at least 6 months after arrival at destination, essential requirement to travel. It is the responsibility of the passenger to be aware of the necessary requirements to enter in each country.
The Agency undertakes to provide its clients with all the services contracted contained in the budget that gave rise to the combined travel contract, with the conditions and characteristics stipulated, all according to the following:
- In the event that, prior to the departure of the journey, the Organizer is obliged to modify significantly any essential element of the contract, including the price, it must immediately inform the consumer.
- In such a case, and unless the parties agree otherwise, the consumer may choose to terminate 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 or, as the case may be, to the Organizer within three days of being notified of the modification referred to in subparagraph (a). In the event that the consumer does not notify his decision in the terms indicated, it will be understood that he chooses to terminate the contract without penalty.
- In the event that the consumer chooses to terminate the contract, under the provisions of section b), or that the Organizer cancels the combined trip before the agreed date of departure for any reason that is not attributable to the The consumer, he/she shall be entitled, from the moment of termination of the contract, to the reimbursement of all the amounts paid, according to the same, or to the performance of another combined trip of equivalent or higher quality, provided that the Organizer Or Retailer can propose it. In the event that the trip offered is of inferior quality, the organizer or retailer shall reimburse the consumer, where appropriate, according to the amounts already paid, the price difference, according to the contract.
- In the above cases, the Organizer and the Retailer will be responsible for the payment to the consumer of the compensation that, if applicable, proceed for breach of contract, which will be 5% of the total price of the trip contracted if the breach occurs Between two months and fifteen days immediately preceding the scheduled date of the trip; 10 per cent if it occurs between the previous fifteen days and three days, and 25 per cent in the event that the mentioned breach occurs in the previous forty-eight hours.
- There will be no obligation to indemnify in the following cases:
- When the cancellation is due to the fact that the number of persons enrolled for the combined journey is less than the required and so is communicated in writing to the consumer before the deadline fixed for that purpose in the contract.
- When the cancellation of the trip, except in the cases of excess reserves, is due to reasons of force majeure, understood as such circumstances those outside to whom invokes them, abnormal and unforeseeable, whose consequences could not have been avoided, despite having acted with due diligence.
- In the event that, after leaving the trip, the Organizer does not supply or verify that he/she can not supply a significant part of the services provided for in the contract, he will adopt the appropriate solutions for the continuation of the organized trip, without any additional price for the consumer and, where appropriate, shall pay to the latter the amount of the difference between the benefits provided and those programmed. If the consumer continues the journey with the solutions given by the Organizer, he will be deemed to accept tacitly those proposals.
- If the solutions adopted by the Organizer are unfeasible or the consumer does not accept them for reasonable reasons, he must provide the organizer, at no additional cost, with a means of transport equivalent to that used in the trip to return to the place of departure or to any other which both have agreed, without prejudice to the compensation that may be applicable.
- In the event of a claim, the retailer or, where appropriate, the organizer must act diligently to find suitable solutions.
- In any case, anything not included in the combined travel contract (such as, for example, transport tickets from the passenger’s place of origin to the place of departure of the trip, or vice versa, hotel reservations in days before or after travel, etc.) will be the responsibility of the Organizer, and there is no obligation to compensate for these possible expenses of independent services in case the trip is cancelled for the causes foreseen in section e).
• If the transfer / assistance of the hotel-airport or vice versa or other similar ones, included in the invoice, are not fulfilled, mainly because of causes other than the transferors and not attributable to the Organizer, he/she will only reimburse the amount of the alternative transport used by the client in the displacement, upon presentation of the corresponding receipt or invoice.
7. Consumer´s obligation to report any breach in performance of the contract.
The consumer is obliged to report any breach in the performance of the contract – preferably “in situ” or, as soon as possible, in writing or in any other form in which it is recorded, to the organizer or retailer and, as the case may be, to the provider of the service in question, at the telephones and addresses indicated on the ticket vouchers. In the event that the solutions arbitrated by the Agency are not satisfactory for the consumer, the latter will have a period of one month to claim before the retail agency or the organizer, always through it.
8. Prescription of actions.
Notwithstanding the provisions of the preceding paragraph, the limitation period for actions deriving from the rights recognized in Book IV of Royal Legislative Decree 1/2007, dated November 16, which approves the revised text of the General Law for Defence of Consumers and Users, will be of two years, as established in Article 13 of said Law.
- The Organizing Travel Agency and the retailer end of the combined travel will respond to the consumer, according to their respective responsibilities for their combined travel management, the correct fulfilment of the obligations derived from the contract, regardless of whether these must be performed by themselves or other service providers, and without prejudice to the right of the Organizers and Retailers to act against such service providers. The Organizer declares that he/she/it assumes the functions of organization and execution of the trip.
- The combined Travel Organizers and Retailers will be responsible for damages suffered by the consumer as a result of the non-performance or poor performance of the contract. Such liability shall cease when any of the following circumstances exist:
- That the defects observed in the performance of the contract are attributable to the consumer.
- That such defects can be attributed to a third party outside the supply of the benefits provided for in the contract and are unpredictable or insurmountable.
- That the defects referred to are due to reasons of majeure force, such as those circumstances other than those invoking them, abnormal and unforeseeable whose consequences could not have been avoided, despite having acted with due diligence.
- That the defects are due to an event that the Retailer or, in its case, the Organizer, despite having put all the necessary diligence, could not anticipate or surpass.
- That there is enough cause. The cases in which the agencies, despite acting with due care and diligence, are not able to facilitate the contracted services for reasons that are not attributable to them, shall be considered sufficient cause.
- However, in cases of exclusion of liability due to any of the circumstances provided for in numbers 2, 3, 4 and 5, the Organizer and the retailer who are parties to the combined travel contract shall be obliged to provide the necessary assistance to the consumer who is in difficulties.
Limits of compensation for damages.
As for the limit of compensation for damages resulting from the non-performance or poor performance of the services included in the combined trip, the provisions of current regulations applicable to this matter will be in force. With regard to damages other than personal injuries, they must be credited by the consumer. In no case shall the Agency be liable for the costs of lodging, maintenance, transportation and others arising as a result of delays in departure or return of means of transport due to majeure force causes. When traveling in coaches, vans and similar contracted by the Organizing Agency directly or indirectly and in the event of an accident, the consumer must submit the relevant claim against the carrier in order to safeguard, where appropriate, the compensation of the insurance of this one, being aided and advised for free for all its efforts, by the Organizing Agency.
10. Delimitation of combined travel services
Air travel. Presentation at the airport.
On air travels, the presentation at the airport will be made at least two hours in advance of the official departure time, and in any case it will follow strictly specific recommendations which are indicated on the travel documentation provided at the time of signing the contract. It is recommended that the costumer reconfirms the flight departure times forty-eight hours in advance.
- General.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 authority of your country. In some cases, the hotel category information will be provided in the budget using the star rating or similar, although this is not the one in force at the specific country, so that the client can, through equivalence, orientate himself more easily on the services and categories of establishments, always knowing that such qualification only responds to the assessment made by the Organizer.Given the current legislation on this regard, which establishes only the existence of single and double rooms allowing in some of the latter that a third bed may be enabled, will be estimated whenever the use of the third bed is done, with the knowledge and consent of the persons that occupy the room, and thus the room will be reflected as triple in all forms of reservations made available to the consumer by paying the advance, in the invoice, tickets and / or travel documentation that is delivered simultaneously for the formalization of the reservation. Also in cases of double rooms for a use up to four people, with two beds, when so specified in the budget object of contract.The usual opening and closing time for hotels is based on the first and last service that the user is going to use. As a general rule and unless expressly agreed otherwise in the accepted budget, rooms can be used from 2 pm on the day of arrival and must be vacated before 12 noon on the day of departure. When the contracted service does not include the permanent accompaniment of a guide and in the event that the user foresees his arrival at the hotel or apartment booked at dates or times other than those described, it is necessary, in order to avoid problems and misinterpretations, the possible anticipation of this circumstance to the Organizing Agency, or to the hotel or to the apartments directly, as the case may be. You should also consult the Agency, at the time of booking, the possibility of bringing animals, as they are generally not admitted in hotels and apartments.
The hotel accommodation service will be understood as long as the room has been available to the customer on the corresponding night, regardless of whether, due to circumstances of the combined trip, the time of entry into the room occurs later than initially provided. In the case of lodging and breakfast, unless otherwise specified, the breakfast included in the price of the trip is the continental one. The hotel can request a credit card to the customers upon arrival to cover any extras not included in the combined travel contract.
- Other services.For flights arriving at the destination after 12.00, the first service of the hotel, when included in the budget subject to the contract, will be dinner. Likewise, for flights arriving at the destination after 19.00, the first service of the hotel will be accommodation. It will always be understood as a direct air journey whose documentary support is a single flight coupon, regardless of whether the flight performs a technical stop.In circuits, coaches can vary in their characteristics depending on the number of participants. If a number of passengers can not reach a sufficient number of passengers, a minibus or “van” may be used, which, unless expressly stated otherwise, does not have reclining seats. Also, in the description of each circuit is indicated if the coach has or has not air conditioning, understanding that it does not have it if nothing is indicated. The transportation at 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 above cases, the design, structure, comfort and safety of the transportation vehicle may not be adapted to the British norms and standards, but to those that are specific to the destination country of the trip.
- Supplementary Services.When users request supplementary services (sea view room, etc.) that can not be definitively confirmed by the Organizing Agency, the user may choose to permanently withdraw the requested supplementary service or keep their request pending until the services can finally be provided. In the event that the parties have agreed to prepay 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 whether the user has opted for the withdrawal of the requested supplementary service or has kept the request.
- Apartments.When making the reservation, the client is fully and exclusively responsible for making the correct statement of the number of people that will occupy the apartment, without omitting children of any age. It is noticed that the administration of the apartments can legally refuse to admit the entrance of those undeclared persons, having no place to claim any for that reason. In some cases, it is possible to have extra bedding or cots, which must be requested by the customer before the contract is concluded, and unless expressly stated otherwise, will not be included in the published price of the apartment. As a general rule, unless expressly agreed otherwise in the contract, the apartments can be used from 5 pm on the day of arrival and must be vacated before 10 am on the day of departure.The establishment can request a credit card to the customers upon arrival to cover any extras not included in the combined travel contract. In the rental of apartments, in general, the corresponding lease contract must be subscribed in situ according to the model adjusted to the current LAU, which, if possible and requested in writing by the consumer to the Agency, the customer may obtain a copy prior to the start of the trip. This contract must be signed by the costumer, who will pay the corresponding bond or civil liability insurance to respond to any damages, if that is required.
- Circuits.The Organizer reveals to the consumer that in the circuits, specified in this brochure, the accommodation service will be provided in one of the establishments indicated on the invoice or in another of the same category and area and that the route of the circuit may be developed according to one of the options indicated in the budget object of the contract. In the above cases, if the consumer accepts such a formula prior to the conclusion of the contract, such undefinition will not change it.
- Special economic conditions for children.Given the diversity of the 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 any time will be subject to specific and detailed information, and will be collected on the invoice or in the travel documentation that is delivered at the time of signing. In general, regarding accommodation, they will apply whenever the child shares the room with two adults. Regarding stays of minors abroad, the information will be provided punctually for each case and what may be stated on the invoice or in the travel documentation that is delivered when formalizing the reservation.
11. Passports, visas and documentation.
All users, without exception (including children), must keep in order their personal and familiar documentation, and this includes their passport according to the laws of the country or countries they are visiting. It will be the same when the trips require the obtaining of visas, passports, certificates of vaccination, etc. In the event of a refusal by any Authority to grant visas, due to the user’s particular reasons, or to be denied the entry into the country due to lack of the required requirements, or by default in the required documentation, or because they are not carriers of the visa, the Organizing Agency declines all responsibility for acts of this nature, being any expense that arises on account of the costumer, applying in these circumstances the conditions and rules established for the cases of voluntary withdrawal of services. All users, and especially those with a nationality other than Great Britain, are reminded that they must ensure that all visa rules and requirements are met in order to be able to enter without problems in all the countries that are going to be visited. Children under the age of 18 must carry written permission signed by their parents or guardians, provided that it may be requested by any authority.
For all purposes and in terms of ground transportation, it is understood that the user’s luggage and other personal belongings are kept with them, regardless of the part of the vehicle in which they are placed, and that it is transported at the user’s risk. It is recommended that all users be present in all handling of loading and unloading of their luggage. As far as the air, rail, sea or fluvial transport of the luggage, the conditions of the transport companies are applicable, being the ticket of the passage the binding document between the mentioned companies and the passenger. In the event of suffering damage or loss, the consumer must submit, at the time, the appropriate claim to the Transport Company. The Organizer undertakes to provide timely assistance to users who are affected by any of these circumstances.
13. Information that the Retail Agency must provide to the consumer.
The consumer is advised that at the time of formalization of the reservation he must receive from the Retailer the pertinent information about the specific documentation necessary for the chosen trip, as well as advice on the optional subscription of an insurance that covers him of the expenses Of cancellation and / or insurance of assistance that covers the expenses of repatriation in case of accident, illness or death; And information on the probable risks implicit to the destination and to the hired trip, in compliance with the General Law of Defence of Consumers and Users (http://www.mae.es/mae/textos/consulares/rescvia.htm.).
When there is no connection from the customer’s home city to the international flight airport city, the cost of the overnight stay will be paid by the customer.
Rights of Admission and expulsion.
The good development of the trip is in function of a normal degree of harmony in the coexistence of the group, reason why it is possible to be excluded from the group that member that disturbs or damages such coexistence.
The organizing agency informs the clients that in the tours and tours specified in the brochure, the accommodation service will be provided in one of the establishments related in the same or another of the same category and area, if there is no availability in the first or there is a change of itinerary that requires it. Also the route of the circuit can be developed according to one of the options described in the program / offer. This identification does not imply modification of the contract.
In group travel, for reasons of organization and safety, the guide will be the bearer of documentation proving the accommodation reservations, air tickets and other services to be provided. In the individual trips, the documentation will be delivered to the client before the date of departure.
The prices of group trips are based on a minimum of 10 people making the whole itinerary together from the point of consolidation, except in those trips where a different minimum is specified. Consult the specific characteristics of each trip. The fact that the group travels with a higher number of people does not imply any price reduction.
Acceptance of these conditions.
The fact of being part of any of the trips included in this Web implies the knowledge and acceptance by the travellers of each and every one of the general conditions, that is the reason why the consumer declares to have received all the information opportunely.