Package Travel General Conditions

a) Package Travel Booking

1. Pre-contractual information

1. Before the traveller is bound by any package travel contract or corresponding offer, the organising agency shall provide the traveller with the standard information form for package travel contracts, as well as all other characteristics and information about the trip, in accordance with the applicable legislation.
2. Travellers with reduced mobility who wish to receive precise information about the suitability of the trip in accordance with their special needs must inform the organising agency of their situation so that appropriate information can be provided. In accordance with Regulation (EC) No 1107/2006, a person with reduced mobility is understood to be any person whose mobility when participating in the trip is reduced due to physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or due to age, and whose situation requires appropriate attention and adaptation of the service provided to other participants.
3. The pre-contractual information provided to the traveller in accordance with points a), c), d), e) and g) of Article 153.1 of Royal Legislative Decree 1/2007 shall form an integral part of the package travel contract and shall not be altered unless the travel agency and the traveller expressly agree otherwise. The organising agency shall clearly, comprehensibly and prominently communicate any changes to the pre-contractual information to the traveller before concluding the package travel contract.

2. Information on passport, visa and vaccination requirements

1. The agency is obliged to provide information on the health requirements for the trip and stay, as well as on the passport and visa requirements applicable to travellers, including the approximate time required for obtaining such visas, and shall be liable for the accuracy of the information provided.
2. The traveller must obtain the necessary documentation to carry out the trip, including passport and visas and compliance with health requirements. Any damages arising from the lack of such documentation shall be borne by the traveller, including any costs resulting from the interruption of the trip and possible repatriation.
3. If the agency accepts the traveller’s request to process the necessary visas for any destination included in the itinerary, it may charge the cost of the visa as well as the management fees for the procedures to be carried out before the corresponding diplomatic or consular representation. In this case, the agency shall be liable for any damages attributable to it.

3. Booking request

1. A traveller wishing to book a package travel arrangement makes a “booking request”. Following this request, the organising agency undertakes to make the necessary arrangements to confirm the booking.
2. If the traveller requests a customised package travel proposal, the agency may require payment of an amount to prepare the proposal. If the traveller accepts the package travel offer prepared by the agency, the amount paid shall be credited to the price of the trip..
3. If the agency has agreed to process the booking, it shall be liable for any technical errors that occur in the booking system attributable to it, as well as for errors made during the booking process.
4. The agency shall not be liable for booking errors attributable to the traveller or caused by unavoidable and extraordinary circumstances.

4. Booking confirmation

The package travel contract is perfected upon confirmation of the booking. From that moment on, the package travel contract is binding on both parties.

5. Payment schedule

1. Upon booking confirmation, the traveller must pay 20% of the price of the package travel arrangement, unless a different amount is specified in the contract.
2. Payment of the remaining balance must be made no later than 35 days before departure, unless a different payment schedule is set out in the package travel contract.
3. If the traveller fails to comply with the payment schedule, the agency may terminate the contract and apply the rules set out for termination by the traveller before the scheduled departure date in Clause 13.

b) Rules applicable to package travel services

6. Services

The services included in the package travel contract are those provided to the traveller in the pre-contractual information and shall not be modified unless expressly agreed between the travel agency and the traveller as set out in Clause 1.3.

Before the start of the trip, the travel agency shall provide the traveller with the necessary receipts, vouchers and tickets for the provision of services.

7. Accommodation

Unless otherwise indicated in the pre-contractual information or in the specific conditions of the contract:

1. In countries where there is an official classification of hotels or other types of accommodation, the brochure reflects the tourist classification awarded in the respective country.
2. The check-in and check-out times for rooms are subject to the rules established in each country and accommodation.
3. Triple or quadruple rooms or cabins are generally double rooms to which one or two additional beds are added, which are usually a sofa bed or a folding bed, except in certain establishments where two larger beds are provided instead of additional beds.

8. Transport

1. The traveller must arrive at the designated departure point with the advance notice indicated by the travel agency.
2. Loss or damage relating to hand luggage or other personal items carried by the traveller shall be the sole responsibility and risk of the traveller while under their custody.

9. Other services

1. As a general rule, full board includes continental breakfast, lunch, dinner and accommodation. Half board, unless otherwise stated, includes continental breakfast, dinner and accommodation. In general, drinks are not included in these meals.
2. Special diets (vegetarian or other special regimes) are only guaranteed if they are included in the special requirements accepted by the organiser in the package travel contract.
3. The presence of pets will only be accepted if it is included in the special requirements accepted by the organiser in the package travel contract.
4. Some trips offered may entail certain practical difficulties as well as inherent risks. It may also be a requirement for participation to meet a certain fitness level and condition, all of which are detailed in ANNEX II.
5. Depending on the type of trip, specific equipment may be provided for its completion. The conditions of use for such equipment will also be indicated. All this is detailed in ANNEX II.

c) Rights and obligations of the parties before the start of the trip

10. Contract modifications

1. The organising agency may only amend the terms of the contract before the start of the trip if the change is insignificant and the organising agency informs the traveller of the change on a durable medium in a clear, comprehensible and prominent manner.
2. If, before the start of the trip, the organising agency is compelled to make substantial changes to any of the main characteristics of the travel services or cannot meet any special requirements of the traveller that have been previously accepted, the organising agency shall inform the traveller without delay, in a clear, comprehensible and prominent manner, on a durable medium. This notification must include:
   • The proposed substantial changes and, if applicable, their impact on the price;
   • A reasonable period for the traveller to inform the agency of their decision;
   • A statement that if the traveller does not communicate their decision within the specified period, it will be understood that they reject the substantial modification and therefore opt to terminate the contract without penalty; and
   • If available, the substitute package travel arrangement offered and its price.

The traveller may choose to accept the proposed modification or to terminate the contract without penalty. If the traveller chooses to terminate the contract, they may accept a substitute package travel arrangement offered by the organising agency. This substitute trip should, if possible, be of equivalent or higher quality.

If the modification of the contract or the substitute trip results in a trip of lower quality or cost, the traveller is entitled to an appropriate price reduction.

If the traveller opts to terminate the contract without penalty or does not accept the substitute package travel arrangement offered, the organising agency shall refund all payments made for the trip within no more than fourteen calendar days from the date of contract termination. In such cases, the provisions of Clauses 22.2 to 22.6 shall apply.

11. Price revision

1. Prices may only be increased by the agency up to 20 calendar days before departure. Furthermore, such an increase shall only be permitted to adjust the price to variations in:
   • a) The exchange rates relevant to the package.
   • b) The cost of passenger transport resulting from fuel or other energy sources.
   • c) The level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing fees, and embarkation or disembarkation fees at ports and airports.
2. The contract shall state the date on which the costs referred to above were calculated, so that the traveller has a reference point for calculating any price revisions.
3.  The organising agency shall notify the traveller of the increase, providing a clear and comprehensible justification and calculation of the increase on a durable medium no later than 20 days before the start of the trip.
4. Only if the price increase exceeds 8% of the trip price may the traveller terminate the contract without penalty. In such a case, Clause 10 shall apply.
5. The traveller is entitled to a price reduction for decreases in the costs detailed in points a), b) and c) above. In such cases, the organising agency may deduct actual administrative expenses for the refund to the traveller.

12. Booking transfer

1. The traveller may transfer their booking to a person who meets all the conditions required, as described in the brochure, program, or package travel offer and in the contract, to carry out the package travel.
2. The transfer must be communicated, on a durable medium, to the organising agency with a minimum notice of 7 calendar days before the start date of the trip. The agency may only charge the traveller the costs actually incurred due to the transfer.
3. In any case, both the traveller and the person to whom the booking is transferred shall be jointly and severally liable to the agency for payment of the remaining balance of the price, as well as for any commission, surcharge, and other additional costs that the transfer may have caused.

13. Trip cancellation by the traveller before departure

1. The traveller may terminate the contract at any time prior to the start of the trip. In such cases, the organising agency may require payment of an appropriate and justifiable penalty. The contract may specify a standard penalty that is reasonable and based on how far in advance the contract is terminated relative to the start of the trip, the cost savings, and the expected income from the alternative use of the travel services. If no standard penalty is specified in the contract, the penalty amount shall be equal to the package travel price minus any cost savings and income derived from the alternative use of the travel services. In such cases, the organising agency will refund any payment made for the package, less the applicable penalty.
2. However, if unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity that significantly affect the execution of the trip or the transportation of passengers to the destination, the traveller may terminate the contract before its commencement without any penalty and shall be entitled to a refund of all payments made for the trip.
3. Such refunds or returns, less the applicable penalty in the case of the first paragraph above, shall be made to the traveller within no more than 14 calendar days after the termination of the package travel contract. 

14. Trip cancellation by the organising agency before departure

If the organising agency cancels the contract for reasons not attributable to the traveller, it must reimburse the traveller for all payments made within no more than 14 calendar days from the termination of the contract. The agency shall not be required to pay any additional compensation to the traveller if the cancellation is due to:

1. The number of people registered for the package is less than the minimum number specified in the contract, and the organising agency notifies the traveller of the cancellation within the period set out in the contract, which shall be no later than:
   • 20 days before the start for trips lasting more than 6 days.
   • 7 days for trips lasting between 2 and 6 days.
   • 48 hours for trips lasting less than 2 days.
2. The organiser is unable to execute the contract due to unavoidable and extraordinary circumstances and notifies the traveller of the cancellation without undue delay before the start of the package travel.

15. Withdrawal before trip commencement for off-premises contracts

In the case of contracts concluded off-premises (as defined in Article 92.2 of Spanish Royal Legislative Decree 1/2007), the traveller may withdraw from the contracted trip for any reason and without penalty, with the right to a refund of the amount paid for the trip, within 14 days following the conclusion of the contract.

d) Rights and obligations of the parties after trip commencement

16. Duty to report any lack of conformity with the contract

If the traveller notices that any of the services included in the trip are not being performed in accordance with the contract, they must inform the organising agency of the lack of conformity without undue delay, considering the circumstances of the case.

17. Remedy of any lack of conformity and non-performance of a significant portion of travel services

1. If any of the services included in the trip are not being performed in accordance with the contract, the organising agency must remedy the lack of conformity unless it is impossible to do so or entails disproportionate costs, taking into account the seriousness of the lack of conformity and the value of the travel services affected. If the lack of conformity is not remedied, Clause 22 shall apply.
2. If none of the above exceptions apply and a lack of conformity is not remedied within a reasonable period set by the traveller or the agency refuses to remedy it or requires an immediate solution, the traveller may do so themselves and request reimbursement of the necessary expenses.
3. When a significant portion of the travel services cannot be provided as agreed in the contract, the organising agency shall offer, at no additional cost, suitable alternative arrangements for the continuation of the trip and also for the return of the traveller to the place of departure if the return is not as agreed. These alternative arrangements should, where possible, be of equivalent or higher quality; if they are of lower quality, the organising agency shall grant an appropriate price reduction. The traveller may only reject the alternatives offered if they are not comparable to what was agreed in the package or if the price reduction offered is inadequate.
4. When a lack of conformity substantially affects the performance of the trip and the organising agency has not remedied it within a reasonable period set by the traveller, the traveller may terminate the contract without paying any penalty and may claim a price reduction and compensation for any damages suffered, as provided for in Clause 22.
5. If no alternative arrangements can be made or the traveller rejects them for not being comparable to what was agreed or because the price reduction offered is inadequate, the traveller shall be entitled to a price reduction and compensation for damages without terminating the package travel contract, in accordance with Clause 22.
6. In the cases described in paragraphs 4 and 5 above, if the package includes passenger transport, the organising agency shall also be obliged to offer repatriation to the traveller by equivalent transport without undue delay and at no additional cost.

18. Impossibility of guaranteeing return as agreed due to unavoidable and extraordinary circumstances

1. If it is impossible to guarantee the traveller’s return as agreed in the contract due to unavoidable and extraordinary circumstances, the organising agency shall bear the cost of the necessary accommodation, where possible of equivalent category, for a period not exceeding three nights per traveler, unless European Union passenger rights legislation provides for a different period.
2. The cost limitation set forth above shall not apply to people with disabilities or reduced mobility (as defined in Clause 1.2 above) or their companions, pregnant women, unaccompanied minors, or people in need of specific medical assistance, provided their special needs have been communicated to the organising agency at least 48 hours before the start of the trip. 

19. Traveler’s duty to cooperate in the normal development of the trip

The traveller must follow the instructions given by the organising agency or its local representatives for the proper performance of the trip, as well as regulations generally applicable to users of the services included in the package. In particular, when travelling in a group, they shall show due respect to other participants and behave in a manner that does not disrupt the normal progress of the trip.

20. Agency’s duty of assistance.

1. The organising agency must provide appropriate assistance without undue delay to a traveller in difficulty, especially in cases of extraordinary and unavoidable circumstances.
2. This assistance shall include:
   • a) Providing appropriate information on health services, local authorities, and consular assistance; and
   • b) Assisting the traveller in making distance communications and finding alternative travel arrangements.
3. If the difficulty was caused intentionally or by the traveller’s negligence, the organising agency may charge a reasonable fee for such assistance. This fee shall not exceed the actual costs incurred by the agency.

e) Contractual liability for non-performance or improper performance

21. Liability of travel agencies.

1. The organising agency shall be jointly and severally liable to the traveller for the proper performance of the package travel contract. Any party liable to the traveller shall have the right of recourse against the operator responsible for the non-performance or improper performance of the contract within the scope of their role in managing the package. 
2. The organising agency shall be liable to the traveller whether it performs the services included in the package itself or through its assistants or other service providers.

22. Right to price reduction, compensation, and limitations

1. The traveller shall be entitled to an appropriate price reduction for any period during which there was a lack of conformity.
2. The traveller shall be entitled to receive adequate compensation from the organiser for any damage or loss suffered due to any lack of conformity of the contract.
3. The traveller shall not be entitled to compensation for damages if the organiser proves that the lack of conformity is:
   • a) Attributable to the traveller;
   • b) Attributable to a third party unconnected with the provision of the contracted services and is unforeseeable or unavoidable; or,
   • c) Due to unavoidable and extraordinary circumstances.
4. Where the services of the package travel contract are governed by international conventions, the limitations on the scope or conditions of payment of compensation by the service providers included in the trip shall apply to the organising agency.
5. Where the services are not governed by international conventions: (i) compensation payable by the agency for bodily injury or damage caused intentionally or by negligence shall not be contractually limited; and (ii)  other compensations payable by the agency shall be limited to three times the total price of the package.
6. Compensation or price reduction granted under Spanish Royal Legislative Decree 1/2007 and that granted under the regulations and international conventions listed in Article 165.5 of the same Decree shall be deducted from each other to avoid overcompensation.

f) Claims and actions arising from the contract

23. Applicable law

This package travel contract shall be governed by what is agreed between the parties and by these general conditions, the applicable regional regulations, and the provisions of Spanish 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.

24. Claims against the agency

1. Without prejudice to any legal actions available, the traveller may submit written claims for non-performance or improper performance of the contract to the organising agency at the postal and/or email addresses provided by the travel agencies for this purpose.
2. The agency must respond in writing to any claims submitted within a maximum of 30 days.

25. Alternative dispute resolution

1. At any time, the consumer and the agency may seek mediation from the competent administration or bodies set up for this purpose to find a solution to the dispute that is satisfactory to both parties.
2. The consumer may submit claims to the competent Consumer Arbitration Board. The dispute may be submitted to arbitration if the agency has previously joined the consumer arbitration system (in which case the agency shall duly inform the consumer) or if the agency, despite not being a member, accepts the consumer’s arbitration request. Claims involving poisoning, injury, death, or rational indications of a crime may not be subject to consumer arbitration. If a consumer arbitration takes place, the award issued by the arbitral tribunal appointed by the Consumer Arbitration Board shall resolve the claim definitively and shall be binding on both parties.
3. If the organising agency is affiliated with an alternative dispute resolution system or is required to do so by any regulation or code of conduct, it shall inform the traveller of this before concluding the package travel contract.

26. Legal action

1. If the dispute is not submitted to consumer arbitration, the traveller may pursue their claim through legal action.
2. Legal actions arising from the package travel contract shall be time-barred after two years.