General conditions of combined travel package
1. Before the traveller is bound by any relevant package travel contract or offer, the organising agency or, where appropriate, the retail agency, shall provide the traveller with all the information relating to his journey.
2. Persons with reduced mobility who wish to receive precise 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, must inform the organising agency or, where appropriate, the retail agency, of the situation so that they can be provided with information to that effect.
According to the provisions of Regulation EC 1107/2006, a person with reduced mobility means any person whose mobility to participate in the journey is reduced due to physical disability (sensory or locomotive, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation requires adequate attention and adaptation to their particular needs of the service made available to the other participants in the journey.
3. The pre-contractual information provided to the traveller shall form an integral part of the package travel contract and shall not be modified unless expressly agreed by the travel agent and the traveller. The organising agency and, where appropriate, the retail agency, before the conclusion of the package travel contract, shall communicate to the traveller in a clear, comprehensible and prominent manner all changes to the pre-contractual information.
• Information on provisions applicable to passports, visas and vaccines
1. The agency will inform the traveller of passport or visa requirements for travel. All travellers without exception, including children, will have to carry their documentation in order, leaving under their responsibility any problem or inconvenience that may arise from the breach of said obligation. Obtaining passports, visas, vaccination certificates, etc. will be borne by the consumer. If any authority refuses to obtain visas for personal reasons of the consumer, or if it is refused entry to any country due to lack of any required requirement, the organising agency declines all responsibility for such acts at the expense of the consumer any expenses that such events may give rise to.
2. The traveller must obtain the necessary documentation to make the trip, including passport and visas and health formalities. All damages that may result from the lack of such documentation shall be from your account, and in particular the expenses incurred by the interruption of the trip and its eventual repatriation.
3. If the agency accepts the traveller’s request to process the necessary visas for any of the destinations provided for in the itinerary, it may require the payment of the cost of the visa as well as the management costs for the formalities to be carried out before the corresponding diplomatic or consular representation.
In this case, the agency will be liable for the damages that are attributable to it.
1. The traveller who wishes to book a package makes a “booking request”. Following that request, the retail agency or, where appropriate, the organising agency, undertakes to take appropriate steps to obtain confirmation of the reservation.
2. If the traveller requests the preparation of a proposal for a tailor-made package, the agency may require the payment of an amount for the preparation of the project. If the traveller accepts the package offer prepared by the agency, the sum delivered will be charged to the price of the trip.
3. If the agency has agreed to manage the reservation it will be responsible for the technical errors that occur in the reservation system that are attributable to it and for the errors committed during the booking process.
4. The agency will not be responsible for booking errors attributable to the traveller or caused by unavoidable and extraordinary circumstances.
The perfection of the package travel contract occurs with the booking confirmation. From that moment the package travel contract is mandatory for both parties.
1. At the time of confirmation of the reservation, the consumer must pay […] % of the price of the package, unless a different amount is set out in the package travel contract.
2. Payment of the remaining price must be made no later than 45 days before departure, unless a different payment schedule is laid down in the package travel contract.
3. If the traveller does not comply with the payment schedule, the agency may terminate the contract and apply the rules established for the termination of the trip by the traveller before the departure provided for in the clause “Resolution of the trip by the traveller”
The services included in the package travel contract result from the information provided to the consumer in the pre-contractual information and will not be modified unless expressly agreed by the travel agent and the traveller. Before the start of the travel package, the travel agency will provide the traveller with the vouchers and tickets necessary for the deliverance of services.
Unless otherwise indicated in the pre-contractual information or in the particular 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 contains the tourist classification that is granted in the corresponding country.
b) The hours of occupancy of the rooms depend on the rules established in each country and accommodation.
c) Triple or quadruple rooms or cabins are generally double rooms to which one or two beds are added, which are usually a sofa bed or a foldaway, except in certain establishments where two larger beds are used instead of additional beds.
1. The traveller must present himself at the place indicated for departure with the advance indicated by the travel agency.
2. Loss or damage in connection with carry-on baggage or other items that the traveller carries with him shall be his or her sole account and risk while in the custody of the traveller.
1. As a rule, the full board scheme includes continental breakfast, lunch, dinner and accommodation. The half board scheme, unless otherwise specified, includes continental breakfast, dinner and accommodation. As a general rule, such meals do not include drinks.
2. Special subsistence allowances (vegetarian or special schemes) are only guaranteed if they are included in the special needs accepted by the organiser in the package travel contract.
3. The presence of pets will only be accepted if this is stated in the special needs accepted by the organiser in the package travel contract.
4. Next Destinium offers trips completely tailored to the consumer and does not include any service as a guide or correspondent in destination, except in those cases in which it is contracted separately.
Rights and obligations for both parties before the start of the travel.
Changes to the package travel contract
1. The organising agency may only amend the terms of the contract before the start of the journey if the change is not significant and the organising agency itself or, where appropriate, the retail agency, informs the traveller of such change on a durable medium in a clear, comprehensible and prominent manner.
2. If before the start of the trip the organising agency is obliged to make substantial changes to any of the main features of the travel services or is unable to comply with any special requirements of the previously accepted traveller, the organising agency or, where appropriate, the retail agency shall inform the traveller without delay, in a clear, comprehensible and prominent manner, on a durable medium and the communication must contain:
- The substantial changes proposed and, if applicable, their impact on the price;
- A reasonable period for the traveler to inform their decision;
- The indication that if the traveller 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 alternative package trip offered and its price.
The traveller may choose to accept the proposed modification or terminate the contract without penalty. If the traveller chooses to terminate the contract, he/she may accept a substitute package which may be offered by the organising agency or retail agency. This substitute journey must, if possible, be of equivalent or superior quality.
If the modification of the contract or the replacement trip results in a journey of lower quality or cost, the traveller is entitled to an appropriate reduction in the price.
In the event that the traveller chooses to terminate the contract without penalty or does not accept the alternative package offered, the organising agency or, where applicable, the retail agency, shall reimburse all payments made for the trip, within a period not exceeding 14 calendar days from the date of termination of the contract.
Alternation of the price
1. Prices may only be increased by the agency until 20 calendar days prior to departure. In addition, such an increase may only be made to adjust the amount of the price of the trip to variations:
a) Of the currency exchange rates applicable to the organised trip.
b) The price of passenger transport derived from fuel or other forms of energy.
c) Of the level of taxes or charges on travel services included in the contract, required by third parties who are not directly involved in the performance of the package, including tourist charges, taxes and surcharges, landing and embarking or disembarking at ports and airports.
2. The contract shall indicate the date on which the concepts set out in the previous paragraph have been calculated so that the traveller is aware of the reference for calculating price revisions.
3. The organising agency or, where appropriate, the retail agency shall notify the traveller of the increase, in a clear and comprehensible manner, with a justification for this increase and shall provide the traveller with its calculation on a durable basis no later than 20 days before the start of the journey.
4. Only if the price increase implies an increase of more than 8 % of the price of the trip, the traveller may terminate the contract without penalty. In this case, the provisions of the clause “Amendment of the contract” shall apply.
5. The traveller shall be entitled to a reduction in the price of travel due to variations in the concepts set out in point a), b) and c) In such cases, the organising agency and, where appropriate, the retail agency, from such price reductions shall deduct the actual administrative costs of reimbursement to the traveller.
Transfer to another traveller
1. The traveller may transfer his reservation to a person who fulfils all the conditions required, in the brochure, programme or package offer and in the contract, for the purpose of carrying out the package.
2. The transfer must be communicated, on a lasting basis, to the organising agency or, where appropriate, to the retail agency, at least 7 calendar days before the date of commencement of the journey, which may only pass on to the traveller the costs actually incurred as a result of the transfer.
3. In any case, the traveller and the person to whom the reservation has been transferred jointly and severally answer to the agency for the payment of the rest of the price, as well as any commission, surcharge and other additional costs that the transfer may have caused.
Termination of the package travel contract and right of withdrawal before start of travel.
1. The traveller may terminate the contract at any time prior to the start of the journey and in such case, the organising agency or, where appropriate, the retail agency, may require him to pay a penalty that is adequate and justifiable. The contract may specify a standard penalty that is reasonable based on the advance of termination of the contract with respect to the start of the journey and on the cost savings and revenue expected from the alternative use of travel services.
If a standard penalty is not provided for in the contract, the amount of the penalty for termination shall be equivalent to the price of the package minus the cost savings and income from the alternative use of travel services.
Therefore, in such cases, the organising agency or, where appropriate, the retail agency, shall reimburse any payment made for the package, less the corresponding penalty.
2. However, in the event of unavoidable and extraordinary circumstances at the destination or in the immediate vicinity which significantly affect the performance of the journey or the carriage of passengers to the place of destination, the traveller may terminate the contract prior to its commencement without penalty and entitled to reimbursement of all payments on account of the journey he has made.
3. Such refunds or refunds shall be made to the traveller, deducting the corresponding penalty in the case of paragraph 1 above, within a period not exceeding 14 calendar days after the termination of the package travel contract.
Termination of the package travel contract by the organizer before the start of travel.
If the organising agency or, where appropriate, the retail agency, cancel the contract for reasons not attributable to the traveller, they must reimburse all the payments made by the traveller 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 traveller if the cancellation is due to:
a) The number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser or, where appropriate, the retailer, notifies the traveller of the termination of the contract within the period fixed in the contract, but not later than:
- 20 days before the start of the package in the case of trips lasting more than six days.
- 7 days before the start of the package in the case of trips lasting between 2 and 6 days
- 48 hours before the start in the case of trips lasting less than two days.
b) the organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller of the termination of the contract without undue delay before the start of the package.
Responsability for the performance of the package
Duty of communication of any lack of conformity of the contract
The traveller shall inform the organiser without undue delay, taking into account the circumstances of the case, of any lack of conformity which he perceives during the performance of a travel service included in the package travel contract.
Remedy any lack of conformity of the contract and no performance, as agreed in the contract, of a significant part of the travel services.
1. If any of the travel services are not performed in accordance with the package travel contract, the organiser shall remedy the lack of conformity, unless that is impossible or entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected.
2. If none of the above exceptions is met and a lack of conformity is not remedied within a reasonable period established by the traveller or the agency refuses to remedy it or requires immediate resolution, the traveller may do so and request reimbursement of the necessary expenses for that purpose.
3. Where a significant proportion of the travel services cannot be provided as agreed in the contract, the organiser or, where appropriate, the retail agency, shall offer at no extra cost, suitable alternative arrangements for the continuation of the package, including where the traveller’s return to the place of departure is not provided as agreed.
Where the proposed alternative arrangements result in a package of lower quality than that specified in the package travel contract, the organiser shall grant the traveller an appropriate price reduction.
The traveller may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the package travel contract or if the price reduction granted is inadequate.
4. Where a lack of conformity substantially affects the performance of the package and the organiser has failed to remedy it within a reasonable period set by the traveller, the traveller may terminate the package travel contract without paying a termination fee and, where appropriate, request, in accordance with Article “price reduction and/or compensation for damages”.
5. If it is impossible to make alternative arrangements or the traveller rejects the proposed alternative arrangements in accordance with the third subparagraph of paragraph 5 of this Article, the traveller is, where appropriate, entitled to price reduction and/or compensation for damages in accordance with Article price reduction and/or compensation for damages without terminating the package travel contract.
6. If the package includes the carriage of passengers, the organiser shall, in the cases referred to in the first and second subparagraphs, also provide repatriation of the traveller with equivalent transport without undue delay and at no extra cost to the traveller.
Impossible to ensure the traveller’s return as agreed in the package travel contract because of unavoidable and extraordinary circumstances
1. As long as it is impossible to ensure the traveller’s return as agreed in the package travel contract because of unavoidable and extraordinary circumstances, the organiser shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveller. Where longer periods are provided for in Union passenger rights legislation applicable to the relevant means of transport for the traveller’s return, those periods shall apply.
2. The limitation of costs referred to in paragraph 7 of this Article shall not apply to persons with reduced mobility, as defined in point (a) of Article 2 of Regulation (EC) No 1107/2006, and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that the organiser has been notified of their particular needs at least 48 hours before the start of the package.
Duty of collaboration of the traveler to the normal development of the package
The traveller shall follow the instructions provided to him/her by the organising agency, the retailer or his/her local representatives for the proper execution of the trip, as well as the regulations which are of general application to the users of the services included in the package. In particular, in group trips he will respect the other participants and observe conduct that does not prejudice the normal development of the package.
Failure to present at the agreed time for the commencement of any activity or transport will result in the loss of the same without any right to refund.
Price reduction and compensation for damages
1. The traveller is entitled to an appropriate price reduction for any period during which there was lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveller.
2. The traveller shall be entitled to receive appropriate compensation from the organiser for any damage which the traveller sustains as a result of any lack of conformity.
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 travel services included in the package travel contract and is unforeseeable or unavoidable; or
c) due to unavoidable and extraordinary circumstances.
4. Insofar as international conventions binding the Union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a travel service which is part of a package, the same limitations shall apply to the organiser.
5. Insofar as international conventions not binding the Union limit compensation to be paid by a service provider, Member States may limit compensation to be paid by the organiser accordingly. In other cases, the package travel contract may limit compensation to be paid by the organiser as long as that limitation does not apply to personal injury or damage caused intentionally or with negligence and does not amount to less than three times the total price of the package.
6. Any right to compensation or price reduction under this Directive shall not affect the rights of travellers under Regulation (EC) No 261/2004, Regulation (EC) No 1371/2007, Regulation (EC) No 392/2009 of the European Parliament and of the Council (20), Regulation (EU) No 1177/2010 and Regulation (EU) No 181/2011, and under international conventions. Travellers shall be entitled to present claims under this Directive and under those Regulations and international conventions. Compensation or price reduction granted under this Directive and the compensation or price reduction granted under those Regulations and international conventions shall be deducted from each other in order to avoid overcompensation.
Claims and actions arising from the contract
This package travel contract is governed by the agreement between the parties and by the provisions of these general conditions, in the current and applicable regional regulations, as well as by the provisions of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the protection of consumers and users and other complementary laws.
Claims to the agency
1. Without prejudice to legal action, the traveller may make written complaints about the non-execution or poor performance of the contract with the retail agency or retail organising agency and/or organiser to the postal addresses or e-mail addresses reported by travel agents for this purpose.
2. Within a maximum period of 30 days, the agency must reply in writing to the complaints made.
1. This package travel contract is interpreted, construed and governed by the agreement between the parties and by the provisions of these general conditions, in the current and applicable regional regulations in accordance with the law of Spain, without reference to its choice of law rules.
2. Any dispute, controversy or claim arising out of relating to this agreement, or the breach, termination or validity thereof, shall be resolved in the court of Barcelona. The dispute may be submitted to arbitration if the requested agency has previously acceded to the consumer arbitration system (in which case the agency will duly notify the consumer) or, if the agency, despite not being a party, accepts the request for consumer arbitration.
Claims involving intoxication, injury, death or rational evidence of a crime cannot be subject to consumer arbitration.
In the event of a consumer arbitration, the award issued by the arbitral tribunal appointed by the Consumer Arbitration Board shall resolve the claim submitted definitively and shall be binding on both parties.
3. If the organising agency or, where appropriate, the retail agency, is a party to or is bound by an alternative dispute resolution system by a rule or code of conduct, they shall inform the traveller thereof before the conclusion of the package travel contract.
1. If the dispute is not subject to consumer arbitration, the traveller may complain in court.
2. The limitation period for introducing claims under this Article shall not be less than two years.