General conditions

The reservation of any of the trips included in this catalog and those trips organized to measure by request of the client, supposes the total acceptance of these general conditions, which are considered automatically incorporated into the contract without the need for their written transcription in it. This brochure/website indicates the duration, itinerary, price and services included in the trip. Due to the time it is published and the limited space available, the additional information and possible modifications (if any) will be reflected in the specific information dossier for each trip, which will be delivered to the client, and which together with the general conditions They act as a definitive contract.

1. Legal regulation applicable to the combined travel contract and acceptance of the General Conditions

These General Conditions are subject to the provisions of Law 21/1995, of July 6, on Combined Travel (BOE 7-7-1995), Law 7/1998, of April 13, on General Contracting Conditions ( 14-4-98) and in Law 26/1984, of July 19, General for the Defense of Consumers and Users (BOE 24-7-84) and other current provisions.

2. Organization

The organization of these combined trips has been carried out by ITSASLUR VIAJES Y ACTIVIDADES, SL - CIF B831392038, with address at C/ Sanguesa 31 bajo / Zangoza K. 31 behea –31005 Pamplona/Iruñea. Retail Agency, Title-license .CINA: 14

3. Price

The price of the combined trip has been calculated based on exchange rates, transport rates, fuel costs and rates and taxes applicable to February 2, 2009. Any variation in the price of the aforementioned elements may lead to revision of the final price of the trip up to 20 days prior to departure. When the modification is greater than 15% of the total amount, the client may withdraw from the trip, without any penalty, or accept the modification of the contract.

Prices are calculated based on double room. The triple in most cases does not have any discount, although it is usually a double with an extra bed.

3.1. The price of the combined trip includes: Round trip transportation, when this service is included in the contracted program/offer, with the type of transportation, characteristics and category that appear in the contract or in the documentation that is delivered to the consumer in the moment of signing it. Rates or taxes of hotel establishments, as well as indirect taxes when applicable, and technical assistance during the trip, when this service is specifically included. Everything that is specified, in addition, in the contract.

3.2. The price of the combined trip does not include: Visas, airport taxes, and/or entrance and exit taxes, vaccination certificates, tips, "extras" such as coffees, wines, liquors, mineral waters, special diets -not even in cases of full board or half board, unless otherwise expressly agreed in the contract, washing and ironing clothes, optional hotel services, and, in general, any other service that does not expressly appear in the section "The price of the combined trip includes" or is not specifically detailed in the program/offer, in the contract or in the documentation delivered to the consumer.

3.3. Optional excursions or visits: In the case of optional excursions or visits not contracted at origin, it must be borne in mind that they are not part of the combined travel contract. Its publication in the prospectus is merely informative and the price is expressed with the indicative of "estimated". Therefore, at the time of contracting at the place of destination, there may be variations in their costs, which alter the estimated price. On the other hand, said excursions will be offered to the consumer with their specific conditions and definitive price independently, not guaranteeing the possible realization of the same until the moment of their contracting.

4. Form of payment. Registrations and refunds

In the act of registration, the Agency may require an advance payment that in no case will exceed 40% of the total amount of the trip, issuing the corresponding receipt specifying, in addition to the amount advanced by the consumer, the combined trip requested. . The remaining amount must be paid against the delivery of the vouchers or travel documentation, which must be made at least 15 days before the date of departure. If the total price of the trip is not paid under the indicated conditions, it will be understood that the consumer withdraws from the requested trip, and the conditions set forth in the following section will apply. All reimbursements that are appropriate for any concept, will always be formalized through the Retail Agency where the registration was made, not making any refund for services not used voluntarily by the consumer.

5. Withdrawal of the consumer. Transfers and Cancellations of the trip for not reaching the number of registered people the minimum foreseen

At any time the user or consumer can desist from the requested or contracted services, having the right to a refund of the amounts that they had paid, whether it is the total price or the advance payment provided for in the preceding section, but they must indemnify the Agency for the following concepts:

In the case of individual services: All management fees, plus cancellation fees, if the latter have occurred.

In the case of combined trips and unless the withdrawal occurs due to force majeure: • Management fees (minimum €30) plus cancellation fees, if any.

A penalty, consisting of 5% of the total trip if the withdrawal occurs more than 10 days and less than 15 days before the start date of the trip; 15% between days 3 and 10, and 25% within 48 hours prior to departure. If you do not show up at the scheduled departure time, you will not be entitled to any refund of the amount paid, unless otherwise agreed by the parties.

In the event that any of the contracted and canceled services were subject to special economic contracting conditions, such as aircraft charters, ships, special rates, etc., the cancellation expenses due to withdrawal will be established in accordance with the agreed conditions. both sides. The consumer of the combined trip may assign his reservation to a third person, requesting it in writing 15 days before the start date of the trip, unless the parties agree on a shorter term in the contract. The transferee will have to meet the same requirements as the transferor, required in general for the combined trip, and both will be jointly and severally liable to the Travel Agency for the payment of the price of the trip and the justified additional expenses of the transfer.

In cases where the Organizer conditions, and expressly specifies, the viability of the combined travel offer to have a minimum number of participants and because that number is not reached, the cancellation of the trip occurs, the user will have the exclusive right to reimbursement of the total price or of the anticipated amounts, without being able to claim any amount for compensation, as long as the Agency has notified you in writing at least 10 days before the scheduled start date of the trip.

6. Alterations

The Travel Agency undertakes to provide its clients with all the contracted services contained in the program/offer that has given rise to the combined travel contract, with the stipulated conditions and characteristics, all in accordance with the following points: In the event that before the departure of the trip, the Organizer is forced to significantly modify any essential element of the contract, including the price, it must immediately inform the consumer, either directly, when also acting as a retailer, or through of the respective retailer in all other cases.

  • In such a case, and unless the parties agree otherwise, the consumer may choose between terminating the contract without any penalty or accepting a modification of the contract specifying the changes introduced and their impact on the price. The consumer must communicate the decision adopted to the Retailer or, as the case may be, to the Organizer within three days of being notified of the modification referred to in section a). In the event that the consumer does not notify his decision in the terms indicated, it will be understood that he opts for the resolution of the contract without any 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 departure date, for any reason that is not attributable to the consumer , he will have the right, from the moment the contract is terminated, to reimbursement of all amounts paid under it, or to carry out another combined trip of equivalent or higher quality, provided that the Organizer or Retailer I can propose it. In the event that the trip offered is of inferior quality, the Organizer or the Retailer must reimburse the consumer, when appropriate, based on the amounts already paid, the difference in price, in accordance with the contract. This same right will correspond to the consumer who does not obtain confirmation of the reservation in the terms stipulated in the contract.
  • In the above cases, the Organizer and the Retailer will be responsible for paying the consumer the compensation that, where appropriate, corresponds to breach of contract, which will be 5% of the total price of the contracted trip, if the aforementioned breach occurs between the two months and 15 days immediately prior to the scheduled date for the trip; 10% if it occurs between the previous 15 days and 3 days, and 25% in the event that the aforementioned breach occurs within the previous 48 hours.
  • There will be no obligation to indemnify in the following cases:
  • When the cancellation is due to the fact that the number of people registered for the combined trip is less than required and the consumer is notified in writing before the deadline set for this purpose in the contract.
  • When the cancellation of the trip, except in cases of excess reservations, is due to reasons of force majeure, understood as those circumstances outside the person who invokes them, abnormal and unforeseeable, whose consequences could not have been avoided, despite having acted with due diligence.
  • In the event that, after the departure of the trip, the Organizer does not supply or proves that it cannot supply an important part of the services provided for in the contract, it will adopt the appropriate solutions for the continuation of the organized trip, without any price supplement for the consumer, and, where appropriate, will pay the latter the amount of the differences between the benefits provided and those supplied. If the consumer continues the trip with the solutions given by the Organizer, it will be considered that he tacitly accepts said proposals.
  • If the solutions adopted by the Organizer are unfeasible or the consumer does not accept them for reasonable reasons, the latter must provide the latter, at no additional cost, with a means of transport equivalent to that used on the trip to return to the place of departure or to any other that both have agreed, without prejudice to the compensation that may proceed.
  • In the event of a claim, the retailer or, as the case may be, the organizer must act diligently to find the appropriate solutions.
  • In no case, everything not included in the combined travel contract, (such as, for example, transport tickets from the place of origin of the passenger to the place of departure of the trip, or vice versa, hotel reservations in previous or subsequent days to the trip, etc.) will be the responsibility of the Organizer, with no obligation to indemnify for these possible costs of independent services in the event that the trip is canceled for the reasons set forth in section e).
  • If the transfers/assistance from the hotel-airport or vice versa or other similar, included in the offer, are not fulfilled, fundamentally for reasons beyond the transfer operator and not attributable to the Organizer, the Organizer will reimburse the amount of the alternative transport used by the client in the displacement. , upon presentation of the corresponding receipt or invoice.

7. Obligation of the consumer to communicate any breach in the execution of the contract

The consumer is obliged to communicate any breach in the execution of the contract, preferably "in situ" or, in another case, as soon as possible in writing or in any other way that is recorded, to the organizer or the retailer and, in its case, to the provider of the service in question. In the event that the solutions arbitrated by the Agency-Organizer or Retailer- are not satisfactory to the consumer, he will have a period of one month to claim before the Retailer Agency or the organizer, always through the latter.

8. Prescription of actions

Notwithstanding the provisions of the preceding section, the limitation period for the rights recognized in Law 21/1995 of July 6, Regulating Combined Travel (BOE 7-7-95) will be two years, as established in article 13 of said Law.

9. Responsibility

  • General The Organizing Travel Agency and Final Selling Retailer of the combined trip will respond to the consumer, depending on the obligations that correspond to them by their respective field of management of the combined trip, of the correct fulfillment of the obligations derived from the contract, regardless of whether These must be executed by themselves or by other service providers, and without prejudice to the right of the Organizers and Retailers to act against said service providers. The Organizer declares that it assumes the functions of organization and execution of the trip. The Organizers and Retailers of combined trips will be liable for the damages suffered by the consumer as a consequence of the non-execution or poor execution of the contract. Said responsibility shall cease when any of the following circumstances occur:
  • That the defects observed in the execution of the contract are attributable to the consumer.
  • That these defects are attributable to a third party unrelated to the supply of the services provided for in the contract and are of an unpredictable or insurmountable nature.
  • That the aforementioned defects are due to reasons of force majeure, understanding as such those circumstances outside the person who invokes 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, as the case may be, the Organizer, despite having put all the necessary diligence, could not foresee or overcome. However, in the cases of exclusion of responsibility due to any of the circumstances provided for in numbers 2, 3 and 4, the organizer and the retailer that are part of the combined trip will be obliged to provide the necessary assistance to the consumer who is in difficulties.

10. Limits of compensation for damages

Regarding the limit of compensation for damages resulting from non-compliance or poor performance of the benefits included in the combined trip, the provisions of the International Agreements on the matter will apply.

10.1 Delimitation of package travel services.

10.1.1. Air travel. Presentation at the airport. For air travel, the presentation at the airport will be made at least an hour and a half before the official departure time, and in any case the specific recommendations indicated in the travel documentation provided when signing the contract will be strictly followed. When contracting individual services, it is recommended that the client reconfirm the flight departure times at least 48 hours in advance.

10.2 Hotels.

10.2.1. 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 body of your country. Given the current legislation in this regard, which establishes only the existence of single and double rooms, allowing a third bed to be enabled in some of the latter, it will always be considered that the use of the third bed is made with the knowledge and consent of the people. that occupy the room. This tacit estimate derives from the certain circumstance of having been previously warned, as well as the fact that the room is reflected as triple in all the reservation forms provided to the consumer when paying the advance payment, in the contract and the tickets and/or travel documentation that delivered simultaneously to the signature of the same. Likewise in the cases of double rooms for use by up to four people, with four beds, when so specified in the offer of the program/brochure. The usual time for check-in and check-out at 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 contract, the rooms may be used from 2:00 p.m. on the day of arrival and must be vacated before 12:00 p.m. 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 reserved hotel on dates or times other than those outlined, it is advisable, to avoid problems and misunderstandings, to communicate as far in advance as possible such circumstance to the Organizing Agency, or to the hotel directly. The accommodation service will imply that the room is available on the corresponding night, being understood to be provided regardless of the fact that due to circumstances inherent to the combined trip, the time of entry into the same occurs later than initially planned.

10.2.2. Other services.

On flights arriving at the destination after 12:00 noon, the first hotel service, when included in the program/brochure offer, will be dinner. Likewise, on flights arriving at the destination after 7:00 p.m., the first hotel service will be accommodation. A direct air journey will always be understood as one whose documentary support is a single flight coupon, regardless of whether the flight makes a technical stop. In the circuits, the coaches can vary in their characteristics depending on the number of participants. If a sufficient number of passengers is not reached at any departure, a minibus or "van" may be used, which, unless expressly stated otherwise, does not have reclining seats. Likewise, in the description of each circuit it is indicated whether or not the coach has air conditioning, it being understood that it does not have it if nothing is indicated. The transport in the natural parks for the realization of photographic safaris is carried out in "van" or in all-terrain vehicles characteristic of each country. In all of the above cases, the design, structure, comfort and safety of the transport vehicle may not be adapted to Spanish regulations and standards, but rather to those of the country of destination of the trip.

10.2.3. Supplementary Services When users request supplementary services (for example, a room with a sea view, etc.) that cannot be definitively confirmed by the Organizing Agency, the user may choose to definitively cancel the requested supplementary service or maintain their request while waiting for the such services can finally be provided. In the event that the parties had agreed to the prior payment of the price of the supplementary services that finally cannot be provided, the amount paid will be reimbursed by the Retail Agency immediately upon withdrawal of the service by the consumer or upon return of the trip. , depending on whether the user has opted to withdraw from the provision of the requested supplementary service or has maintained the request.

10.3 Circuits. The Organizing Agency informs the clients that in the circuits specified in the brochure, the accommodation service will be provided in one of the establishments related in the same or in another of the same category and area and also that the itinerary of the circuit may be developed according to any of the options also described in the program-offer. In the previous cases, if the consumer accepts said formula prior to the conclusion of the contract, this lack of definition will not imply a modification of the same.

11. Passports, visas and documentation

All users, without exception (children included), must carry their corresponding personal and family documentation in order, be it a passport or DNI according to the laws of the country or countries visited. It will be at their expense when the trips require it to obtain visas, passports, vaccination certificates, etc. In case of being rejected by any Authority the granting of visas, for particular reasons of the user, or being denied entry into the country due to lack of requirements, or due to a defect in the required documentation, or for not being a carrier of the same , the Organizing Agency declines all responsibility for events of this nature, being for the account of the consumer any expense that arises, applying in these circumstances the conditions and rules established for cases of voluntary withdrawal of services. Likewise, all users, and especially those with a nationality other than Spanish, are reminded that they must make sure, before starting the trip, that they have complied with all the applicable regulations and requirements regarding visas in order to be able to enter without problems. all the countries to be visited. Those under 18 years of age must carry a written permit signed by their parents or guardians, in anticipation that it may be requested by any authority.

12. Information that the Retail Agency must provide to the consumer

The consumer is informed that at the time of formalizing the contract, they must receive from the Retail Agency the pertinent information on the specific documentation necessary for the chosen trip, as well as advice on the optional subscription of insurance that covers cancellation expenses. and/or assistance insurance that covers repatriation costs in the event of an accident, illness or death; and information on the probable risks implicit in the destination of the contracted trip, in compliance with the General Law for the Defense of Consumers and Users.

13. Other complementary information.

13.1 Baggage. For all purposes and as far as ground transportation is concerned, it will be understood that the user's luggage and other personal belongings are kept with them, whatever the part of the vehicle in which they are placed, and that they are transported at the user's risk and expense. . Users are recommended to be present during all baggage loading and unloading operations. As for air, rail, sea or river transport of luggage, the conditions of the transport companies are applicable, the passenger ticket being the binding document between the aforementioned companies and the passenger. In the event of suffering any damage or loss, the consumer must immediately present the appropriate claim to the Transportation Company. The Organizing Agency undertakes to provide timely assistance to customers who may be affected by any of these circumstances.

13.2 Customer/Traveller Responsibility. The client must have in his possession and know the General Conditions of the Combined Travel contract and read the technical file of the trip, where the flights, accommodation and other requirements of the trip are specified. The client must have been informed of the risks of this trip as well as the political situation, the weather situation and the natural or other catastrophes of the country or countries to visit and the implicit risks. This information is provided to the Agency and, failing that, through the Ministry of Foreign Affairs. The contracting of transport vehicles is carried out at the request of the client/s, exempting the Organizing Travel Agency from any responsibility that may occur as a result of a land, sea, air or rail traffic accident or any incident caused by the vehicle, boat, plane or train to both people and belongings. It is advisable to take out insurance at the time of hiring or picking up the vehicle (as the case may be).

The Organizing Agency explicitly declares that it acts as an intermediary between travelers and the entities or persons that provide the services indicated in the itinerary. When the trip is made with own or rented vehicles by the Organizing Agency, in case of accident, whatever the country where it occurs, the traveler expressly submits to the legislation on accidents of the country in which the vehicle is registered. . The Organizing Agency is not responsible for the costs of accommodation, transportation, maintenance, repatriation or others that arise as a result of delays or modifications in the departure of flights or other means of transportation for whatever reason.

14. Claims

According to the provisions of art. 16.1.k of decree 168/94, the consumer is obliged to communicate as soon as possible to the provider in question, any non-compliance in the execution of the services in a reliable manner, as well as to inform the agency as soon as possible. as soon as possible.

15. Travel Assistance Insurance and cancellation

For any aspect related to health care and/or cancellation, the client must have said insurance and contact the telephone number of the insurance company. In the event that you have not signed an assistance and/or cancellation contract, or it is not included in the price, the client assumes all responsibility for this aspect.

16. The reservation of any of the trips included in this catalog implies full acceptance of these general conditions, which will be considered automatically incorporated into the contract without the need for their written transcription in it.

17. Alternative Travel Specialty/ Remote Areas

The trips run partially through remote areas, with limited or non-existent tourist infrastructure. Traveling through these places requires being flexible and accepting the changes that, in relation to the services provided, may entail said limitation. A certain ability to adapt to the unexpected is also necessary, both positively (a local festival, a market...) and less so (floods, blocked roads, etc.).

The traveler must be aware that, in some cases, it may be impossible, for example, a rapid evacuation or adequate medical assistance.
The special characteristics of this trip, which correspond to those of an alternative trip, are known and accepted by the traveler, who expressly accepts the situations and circumstances arising from it.

POLITICAL, SECURITY AND HEALTH SITUATION OF THE DESTINATION COUNTRY
Knowing this information, the traveler is aware of the social or political, security and health situation of the country of destination, and accepts the risk that the trip could entail, exempting the Organizing Agency from any responsibility in this regard.

POLITICS AND SECURITY
We refer to the official recommendations of the Ministry of Foreign Affairs of the Spanish Government that appear on its website http://www.exteriores.gob.es

HEALTH
We refer to the official recommendations on vaccines and necessary precautions of the Ministry of Health and Consumer Affairs that appear on its website https://www.mscbs.gob.es

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