General conditions of the combined travel contract organized by the RAED to the Galapagos Islands
a) Hiring the package trip
1. Pre-contractual information
1. Before the traveler is bound by any combined travel contract or corresponding offer, the organizing agency or, where appropriate, the retail agency, will provide the traveler with the standardized information form for combined travel contracts, as well as the rest of characteristics and information of the trip in accordance with current legislation.
2. Persons with reduced mobility who wish to receive accurate information on the suitability of the trip according to their special needs, in order to assess the possibility and feasibility of contracting the trip according to the characteristics of the trip, should inform the organizing agency or, where appropriate, the retail agency, of the details of their situation so that they can be provided information to that effect.
According to what is established in RD 1107/2006, a person with reduced mobility is defined as any person whose mobility to participate in the trip is reduced due to physical disability (sensory or locomotors, permanent or temporary), disability or intellectual disability , or any other cause of disability, or age, and whose situation requires adequate care and adaptation to their particular needs of the service made available to other participants in the trip.
3. The pre-contractual information provided to the traveler in accordance with paragraphs a), c), d), e) and g) of article 153.1 of RD 1/2007, shall form an integral part of the combined travel contract and shall not be modified unless the travel agency and the traveler expressly agree. The organizing agency and, where appropriate, the retail agency, before the conclusion of the combined travel contract, will communicate to the traveler in a clear, understandable and prominent manner, all the changes of the pre-contractual information.
2. Information on provisions applicable to passports, visas and vaccines
1. The agency has the duty to inform about the sanitary formalities necessary for the trip and the stay, as well as about the conditions applicable to travelers in terms of passports and visas, including the approximate time for obtaining visas, and will respond to the correction of the information you provide.
2. The traveler must obtain the necessary documentation to make the trip, including the passport and visas and the one related to sanitary formalities. All damages that may arise from the lack of this documentation will be the traveler’s responsibility, and in particular, the expenses incurred due to the interruption of the trip and your eventual repatriation.
3. If the agency accepts the traveler’s order to process the necessary visas for any of the destinations envisaged in the itinerary, it may demand the payment of the cost of the visa as well as the management expenses for the procedures to be performed before the diplomatic representation or corresponding consular authority.
In this case, the agency will be liable for any damage attributable to it.
3. Booking request
1. The traveler who wishes to hire a package trip makes a «booking request». Following this request, the retail agency or, where appropriate, the organizing agency, undertake to take the necessary steps to obtain confirmation of the reservation.
2. If the traveler requests the elaboration of a proposal of a customized trip, the agency may demand the payment of an amount for the preparation of the project. If the traveler accepts the combined travel offer made by the agency, the sum paid will be charged to the price of the trip.
3. If the agency has accepted to manage the reservation, it will be responsible for any technical errors that may occur in the booking system that are attributable to it and for errors made during the reservation process.
4. The agency will not be responsible for booking errors attributable to the traveler or caused by unavoidable and extraordinary circumstances.
4. Confirmation of the reservation
The perfection of the combined travel contract occurs with the confirmation of the reservation. From that moment the combined travel contract is mandatory for
both parties.
5. Payment calendar
At the time of confirmation of the reservation, the traveler must pay 30% of the price of the package, unless a different amount is established in the package travel contract.
Payment of the remaining price must be made no later than 75 days before departure, unless a different payment schedule is established in the package travel contract.
If the traveler does not comply with the payment schedule, the agency may terminate the contract and apply the rules established for the resolution of the trip by the traveler before the departure provided in Clause 13.
b) Rules applicable to the benefits of the combined trip
6. Benefits
The benefits that make up the combined travel contract result from the information provided to the consumer in the pre-contractual information and will not be modified unless the travel agency and the traveler expressly agree as provided in Clause 1.3.
In advance of the start of the trip, the travel agency will provide the traveler with the receipts, vouchers and tickets necessary for the provision of services.
7. Accommodation
Unless otherwise indicated in the pre-contractual information or in the specific conditions of the contract:
a) In relation to those countries in which there is official classification of hotel establishments or any other type of accommodation, the brochure includes the tourist classification that is granted in the corresponding country.
b) The time of occupation of the rooms depends on the established norms in each country and accommodation.
c) Triple or quadruple rooms or cabins are generally double rooms with one or two beds added, which are usually a sofa-bed or a folding bed, except in certain establishments where two larger beds are used instead of additional beds.
8. Transportation
1. The traveler must arrive at the place indicated for the departure in accordance to the advance time stipulated indicated by the travel agency.
2. The loss or damage that occurs in relation to hand luggage or other objects that the traveler carries with him / her will be of his / her own account and risk while
they are in the custody of the traveler.
9. Other services
1. As a rule, full board includes continental breakfast, lunch, dinner and accommodation. Half-board, unless otherwise indicated, includes continental breakfast, dinner and accommodation. As a rule, such meals do not include beverages.
2. Special diets (vegetarian or special diets) are only guaranteed if they are included in the special needs accepted by the organizer in the combined travel contract.
3. The presence of pets will only be accepted if this is confirmed in the special needs accepted by the organizer in the combined travel contract.
c) Rights and obligations of the parties before the start of the trip
10. Modification of the contract
1. The organizing agency can only modify the clauses of the contract before the start of the trip if the change is insignificant and the organizing agency itself or, where appropriate, the retail agency, inform the traveler of said change in a documented and clear and timely manner.
2. If before the start of the trip the organizing agency is forced to make substantial changes to any of the main characteristics of the services of the trip or cannot meet any special requirements of the previously accepted traveler, the organizing agency or, where appropriate, the retail agency will inform the traveler without delay, in a clear and documented way, the communication must contain:
The proposed substantial modifications and, if applicable, their impact on the price;
A reasonable period for the traveler to inform of his decision;
The indication that if the traveler does not communicate the decision within the indicated period it will be understood that he rejects the substantial modification and that, therefore, he chooses to terminate the contract without any penalty; and If the agency can offer it, the combined substitute trip offered and its price.
The traveler may choose between accepting the proposed modification or terminate the contract without penalty. If the traveler chooses to terminate the contract, he / she can accept a substitute combined trip that, in his / her case, the organizing agency or the retail agency offers. Said substitute trip should be, if possible, of equivalent or superior quality.
If the modification of the contract or the substitute travel results in a trip of lower cost, the traveler has the right to an adequate reduction of the price.
In the event that the traveler chooses to terminate the contract without penalty or does not accept the substitute combined trip offered, the organizing agency or, where appropriate, the retail agency, will reimburse all payments made for the trip, within a period of time not greater than fourteen calendar days from the date of termination of the contract. For these purposes, the provisions of sections 2 to 6 of Clause 22 shall apply.
11. Price review
1. Prices may only be increased by the agency up to 20 calendar days prior to departure. In addition, such increase can only be carried out to adjust the amount of the trip price to the following variations:
a) Of the currency exchange rates applicable to organized travel.
b) The price of passenger transport derived from fuel or other forms of energy.
c) The level of taxes or fees on travel services included in the contract, required by third parties that are not directly involved in the execution of the package, including tourist taxes, fees, surcharges, boarding and disembarkation in ports and airports.
2. The contract will indicate the date on which the concepts described in the previous section have been calculated so that the traveler has knowledge of the reference to calculate the price revisions.
3. The organizing agency or, where appropriate, the retail agency will notify the traveler of the increase, in a clear and understandable manner, with a justification for this increase and will provide their calculation in a documented way no later than 20 days before the start of the trip .
4. Only in the event that the increase in the price implies an increase of more than 8% of the price of the trip, the traveler may terminate the contract without penalty. In such case the provisions of Clause 10 shall apply.
5. The traveler shall be entitled to a reduction in the price of the trip due to variations produced in the concepts detailed in sections a), b) and c) of Clause 11.1. In such cases, the organizing agency and, where applicable, the retail agency, will reduce the actual administrative costs of reimbursement to the traveler.
12. Transfer of the reservation
1. The traveler may assign his reservation to a person who meets all the required conditions, in the booklet, program or combined travel offer and in the contract, to make the combined trip.
2. The cession must be communicated, in a documented way, to the organizing agency or, where appropriate, to the retail agency, at least 7 calendar days before the start of the trip, which may only be passed on to the traveler the costs actually incurred due to the assignment.
3. In any case, the traveler and the person to whom the reservation has been assigned are jointly and severally liable to the agency for the payment of the rest of the price, as well as for any commission, surcharge and other additional costs that the assignment may have caused.
13. Resolution of the trip by the traveler before departure of the trip
1. The traveler may terminate the contract at any time prior to the start of the trip and in such case, the organizing agency or, where appropriate, the retail agency, may require him to pay a penalty that is adequate and justifiable. The contract may specify a reasonable penalty based on the anticipation of the termination of the contract with respect to the start of the trip and the cost savings and expected income from the alternative use of travel services.
If the contract does not provide for a standard penalty, the amount of the penalty for the resolution will be equivalent to the price of the combined trip less the cost savings and the income derived from the alternative use of travel services.
So in such cases, the organizing agency or, where appropriate, the retail agency, will reimburse any payment that would have been made for the combined trip, minus the corresponding penalty.
2. However, if there are unavoidable and extraordinary circumstances in the destination or in the vicinity that significantly affect the execution of the trip or the transport of passengers to the destination, the traveler may terminate the contract before its start without any penalty and with the right to reimbursement of all payments on account of the trip that had been made.
3. Such refunds or refunds will be made to the traveler, discounting the corresponding penalty in the case of section 1 above, within a period not exceeding 14 calendar days after the termination of the combined travel contract.
14. Cancellation of trip by the organizer before the departure of the trip
If the organizing agency or, as the case may be, the retail agency, cancel the contract for reasons not attributable to the traveler, they must reimburse all payments made by the traveler within a period not exceeding 14 calendar days from the termination of the contract. The agency will not be responsible for paying any additional compensation to the traveler if the cancellation is due to:
a) The number of persons registered for the package trip is less than the minimum number specified in the contract and the organizing agency, or, if applicable, the retail agency, notify the traveler of the cancellation within the term established therein, that more will be:
or 20 days before the start in case of trips of more than 6 days.
or 7 days on trips between 2 and 6 days.
or 48 hours on trips of less than 2 days.
b) The organizer finds it impossible to execute the contract due to unavoidable and extraordinary circumstances and the cancellation is notified to the traveler without undue delay before the start of the combined trip.
15. Withdrawal before the start of the trip in contracts concluded outside the establishment
In the case of contracts concluded outside the establishment (understood as those defined in article 92.2 of RD 1/2007), the traveler may withdraw from the contracted trip for any reason and without penalty, with the right to refund the price paid in travel concept, within 14 days of the conclusion of the contract.
d) Rights and obligations of the parties after the start of the trip
16. Duty to communicate any lack of conformity of the contract
If the traveler observes that any of the services included in the trip is not executed in accordance with the contract, the traveler must report the lack of conformity to the organizing agency or, where appropriate, the retail agency without undue delay, taking into consideration the circumstances of the case.
17. Rectification of any lack of conformity of the contract and no provision, as agreed in the contract, of a significant part of the travel services
1. If any of the services included in the trip are not executed in accordance with the contract, the organizing agency and, where appropriate, the retail agency, must correct the lack of conformity, unless it is impossible or has a disproportionate cost, taking into account the seriousness of the lack of conformity and the value of the affected travel services. In the event that the lack of conformity is not resolved, the provisions of Clause 22 shall apply.
2. If none of the foregoing exceptions is present and a lack of conformity is not remedied within a reasonable period established by the traveler or the agency refuses to correct it or requires immediate solution, the traveler himself may do so and request reimbursement of the expenses necessary for this purpose.
3. When a significant proportion of the travel services cannot be provided as agreed in the contract, the organizing agency or, where appropriate, the retail agency, will offer at no additional cost suitable alternative formulas for the normal continuation of the trip and, when the return of the traveler to the place of departure is not carried out as agreed.
Said alternative formulas, if possible, should be of equivalent or superior quality and if they were of inferior quality, the organizing agency or, where appropriate, the retail agency will apply an adequate price reduction.
The traveler can only reject the alternatives offered if they are not comparable to what was agreed in the package trip or if the price reduction is inadequate.
4. When a lack of conformity substantially affects the execution of the trip and the organizing agency or, where appropriate, the retail agency has not remedied it within a reasonable period of time established by the traveler, the latter may terminate the contract without paying any penalty and request, where appropriate, both a price reduction and compensation for the damages caused, in accordance with the provisions of Clause 22.
5. If it is not possible to find alternative travel formulas or the traveler rejects because they are not comparable to the agreed upon trip or because the price reduction offered is inadequate, the traveler will be entitled to both a price reduction and compensation. for damages, without terminating the combined travel contract, in accordance with the provisions of Clause 22.
6. In the cases detailed in sections 4 and 5 above, if the package includes the transport of passengers, the organizing agency and, where appropriate, the retail agency, will also be obliged to offer repatriation to the traveler in an equivalent transport without undue delay and without additional cost.
18. Impossibility to guarantee return as foreseen in the contract due to unavoidable and extraordinary circumstances.
If it is impossible to guarantee the return of the traveler as provided in the contract due to unavoidable and extraordinary circumstances, the organizing agency or, where appropriate, the agency retailer, they will assume the cost of the accommodation that is necessary, if possible of an equivalent standard, for a period not exceeding three nights per traveler, except in the regulations referred to European passenger rights law, in which a different period is established.
2. The cost limitation established in the previous section will not be applicable to persons with disabilities or reduced mobility (as defined in Clause 1.2 above) or to their companions, pregnant women, unaccompanied minors, or to people in need of specific medical assistance, if their particular needs have been shared with the organizing agency or, where appropriate, with the retail agency, at least 48 hours before the start of the trip.
19. Duty of collaboration of the traveler to the normal development of the trip. The traveler should follow the indications provided by the organizing agency, the retailer or their local representatives for the proper execution of the trip, as well as the regulations that are of general application to users of the services included in the package trip. In particular, in group trips, he will respect all the other participants and observe behavior that does not harm the normal development of the trip.
20. Duty of agency assistance
1. The organizing agency and, where appropriate, the retail agency, are obliged to provide adequate assistance and without undue delay to the traveler in difficulty, especially in the case of extraordinary and unavoidable circumstances.
2. In particular, such assistance should consist of:
a) Provision of adequate information on health services, local authorities and consular assistance; and b) Assistance to the traveler to establish distance communications and help to find alternative formulas.
3. If the difficulty has been caused intentionally or by the traveler’s negligence, the organizing agency and, where appropriate, the retail agency, may charge a reasonable surcharge for such assistance to the traveler. This surcharge may not exceed the actual costs in which the agency has incurred.
e) Contractual liability for defective compliance or non-compliance
21. Responsibility of travel agencies.
1. The organizing agency and the retail agency will be jointly and severally liable vis-à-vis the traveler for the correct fulfillment of the combined travel contract. Whoever answers to the traveler will have the right of repetition in front of the operator to whom the non-compliance or defective fulfillment of the contract is attributable of its respective field of management of the combined trip.
2. The organizing agency and the retail agency will respond to the traveler whether they execute the services included in the package trip themselves or if they are carried out by their assistants or other service providers.
22. Right to price reduction, compensation and limitations
1. The traveler shall be entitled to a reduction in the appropriate price for any period during which there has been a lack of conformity.
2. The traveler shall be entitled to receive adequate compensation from the organizer or, where appropriate, the retailer for any loss or damage suffered as a result of any lack of conformity of the contract.
3. The traveler will not be entitled to compensation for damages if the organizer or, where appropriate, the retailer, prove that the lack of conformity is:
a) Imputable to the traveler;
b) Imputable to a third party outside the provision of contracted services and unpredictable or unavoidable; or,
c) Due to unavoidable and extraordinary circumstances.
4. When the benefits of the combined travel contract are governed by international agreements, the limitations on the scope or conditions of payment of compensation by the service providers included in the trip shall apply to the organizing agencies and retail agencies.
5. When the benefits of the combined travel contract are not governed by international conventions: (i) the indemnities that may be paid by the agency for damages to the agency or for damages caused intentionally or by negligence can not be limited contractually. ; and (ii) the rest of the compensation that the agencies may have to pay will be limited to triple the total price of the package.
6. The compensation or price reduction granted by virtue of RD 1/2007 and the one granted by virtue of the international regulations and conventions related in article 165.5 of the same RD 1/2007, will be deducted from the other in order to avoid excess compensation.
f) Claims and actions derived from the contract
23. Applicable Law
This combined travel contract is governed by what was agreed between the parties and by what is established in these general conditions, in the current and applicable regional regulations, as well as by the provisions of RD 1/2007, of November 16, by which the consolidated text of the General Law for the defense of consumers and users and other complementary laws is approved.
24. Claims to the agency
1. Without prejudice to legal actions that assist you, the traveler may make written claims for the non-execution or poor execution of the contract with the retail agency and / or the retailer and / or organizer retailing organizing agency to the postal addresses and / or email addresses informed by travel agencies for this purpose.
2. Within a maximum period of 30 days, the agency must answer in writing the claims made.
25. Alternative dispute resolution
1. At any time, the consumer and the agency may request the mediation of the competent administration or of the bodies set up for this purpose to find for themselves a solution to the conflict that is satisfactory for both parties.
2. The consumer may direct his claims to the Consumer Arbitration Board that is competent. The dispute may be submitted to arbitration if the agency claimed had previously adhered to the consumer arbitration system (in which case the agency will duly notify the consumer of this) or, if the agency despite not being adhered to, accepts the consumer’s request for arbitration.
Claims in which there is intoxication, injury, death or there are rational signs of crime cannot be the subject of consumer arbitration.
In case of a consumer arbitration, the award issued by the arbitral tribunal appointed by the Consumer Arbitration Board shall resolve the claim presented with finality and shall be binding on both parties.
3. If the organizing agency and / or, as the case may be, the retail agency, adhere to an alternative dispute resolution system or are bound by some rule or code of conduct, they will inform the traveler before the formalization of the combined travel contract.
26. Legal actions
1. If the dispute is not submitted to consumer arbitration, the traveler may file a claim in the courts.
2. The legal actions derived from the package travel contract are prescribed by the expiration of the period of two years.