APPLICABLE LEGAL REGULATIONS
These general conditions are subject to the stipulations of Royal Legislative Decree 1/2007 of 16th November approving the rewritten text of the general defense of consumers and users act and other complementary laws, and to the general contractual conditions act, Law 7/1998 of 13th April 1998 (14-4-98). These General Conditions are to be signed by both contractual parties and incorporated into all trip package contracts whose object is the programmes/offers contained in the web programme and which bind the parties, together with the individual conditions agreed in the contract or shown in the travel documentation supplied at the time of signing the contract. Booking any of the trips included in this web programme or in offers or appendices complementing it implies complete agreement to these general conditions, which are considered automatically incorporated in the contract. The trip package contract will be governed by the clauses contained in it, by the technical datasheet about the trip listing its definitive contents, and by these general conditions.
The technical organization of the trips included in this programme was provided by the "Asociación de Fabricantes de Sidra Natural de Gipuzkoa", hereinafter referred to by its trade name of Sagardoa Route, domiciled in Gipuzkoa province, with tax no. G20132650 and CIE license certificate 2446, with contact email address email@example.com.
The features and services making up the trip package are as shown in the information supplied to the consumer in the web programme/offer, as well as any indications concerning this information given upon confirmation of the booking by the agency selling it. However, the organizing agency reserves the option of modifying the information contained in the leaflet before confirming the booking. To be valid, any changes to the said information must have been clearly given in writing to the consumer.
AIR TRANSPORT, AIR FARES AND AIR CHARGES
As a general rule, passengers must arrive at the airport at least 3 hours before the scheduled departure time. If the consumer is unable to go on the trip because they failed to arrive early enough, the consequences provided for in the section on NON-ARRIVAL AT DEPARTURE will apply. The special conditions of air fares oblige us to inform you that the price may be changed according to the availability of seats. Should the date or time of international or domestic flights be changed, itineraries may have to be changed. WHEN THE AIRLINE CANCELS A FLIGHT it will be responsible for providing due assistance and support for passengers affected, bearing the cost of meals, telephone calls, transport and overnight stays if necessary, by virtue of the stipulations of EEC Regulation 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. In the event of cancellation of a flight, the airline will also be obliged to pay the pertinent compensation to the passenger, as well as refunding the price of the fare if the passenger chooses this option. IF THE CANCELLATION IS DUE TO EXTRAORDINARY CIRCUMSTANCES which could not have been avoided even if all reasonable measures had been taken, the air carrier responsible for operating the flight will not be obliged to pay compensation but will have to provide due assistance and attention for the passengers affected and refund the ticket price if they choose this option. In some cases certain legs will be flown with an airline that is not shown on the ticket or in the booking confirmation, due to the use of shared codes and alliances that exist between companies. These agreements are recognised and accepted by civil aviation. AVIATION CHARGES: The amount of the fare as published is approximate as they vary according to the travel dates, currency, routes and stops. The final amount will be announced when the tickets are issued. FUEL CHARGES: These must be included in the flight ticket, and their final amount will be announced at the same time as the aviation charges. AIRPORT CHARGES: Local taxes on arrival in or departure from each country; these cannot be included in the ticket and the consumer must pay them at each airport.
Regardless of the information about the official category of the establishment in each country, indications like superior tourist, semi-luxury, etc., which are not officially recognised and represent a subjective assessment by the Agency, may be included for the purposes of better understanding by the consumer. The rooms assigned are always in the standard category, unless otherwise stated in the web programme / offer or mentioned in the TO BE TAKEN INTO ACCOUNT section of each itinerary, and only the existence of individual and double rooms is stated. Double rooms may have two single beds or one double bed. Triple rooms are generally double rooms where one or two beds have been added, generally a sofa-bed, folding bed or bunk. The times for occupying and vacating rooms depends on the rules in force in each country. In general, the room can be occupied between 1 and 3pm on the day of arrival and must be vacated between 11am and 1pm on the day of departure, regardless of the planned arrival time at the hotel or the time at which the onward journey is planned. Board bases: As a general rule, Full Board (FB) includes breakfast, lunch, dinner and accommodation. Half Board (HB), unless stated otherwise, includes breakfast, dinner and accommodation. BB means that only bed and breakfast are included and AO means accommodation only. In the case of All Inclusive (AI), each hotel determines the quantity and quality of what is included (premium brands, soft drinks only, local brands, etc.) as well as times and areas where it applies and/or whether prior booking is necessary in restaurants. We ask you to enquire in each case. In the event that the time of the transfer to or from the hotel means that the breakfast, lunch or dinner service cannot be used, this will not give any entitlement to a refund. If arrival at the hotel is after midday the first meal will be dinner, and in the case of arrival after 7pm the first service will be accommodation. As a general rule board bases including lunch or dinner never include drinks with meals, which must be paid for at the establishment. Special diets (vegetarian or special diets) are not guaranteed. In the case of Christmas and New Year galas, some hotels may alter half board or full board to adapt to any gala events. Such Christmas galas may consist of special dinners or buffets, and in some cases a supplement must be paid for these galas. Minimum stays might also be stipulated for these dates, which will apply even if [...]. Credit cards: Some hotels will ask for your credit card number and authorisation as a guarantee of solvency. We ask you to pay any charges on departure from the hotel, or if there are none request that the blank signed form with your credit card details be returned to you. The Agency declines any responsibility for credit cards.
Transfers are understood to be by scheduled services, unless stated otherwise. If, due to the mislaying of baggage on arrival at the airport or delays in passport, police or customs checks, your departure is delayed, we ask you to inform the transfer carrier / driver or our representative so that your transfer can be reorganized, otherwise we cannot guarantee that the service can be provided.
THE PRICE DOES NOT INCLUDE
Visas, porters, tips (obligatory in some countries), aviation charges, government charges, excursions not concluded in the itinerary for the trip, vaccination certificates, special diets, washing and ironing of clothes, optional hotel services and in general any other service not explicitly shown in the "INCLUDES" section of the web programme, in the contract or in the documentation given to you.
The Organizing Agency takes no responsibility for incidents involving its clients' luggage and personal effects. Their transport is at the traveler's expense and risk. All clients are advised to be present when their luggage is loaded and unloaded. Tourist accommodation establishments, in accordance with their specific rules, will be responsible for any incident related to luggage or personal effects that might arise while staying there. With regard to air, sea or river transport, the carrier's conditions apply, the ticket being the only binding contract between the carrier and the passenger. In the event of any delay, mislaying or damage to luggage, you are recommended to lodge the pertinent claim with the carrier on the spot (before leaving the airport or port). Should you wish to take larger items of luggage on holiday (bicycles, surf boards, etc.) you must pay the appropriate supplement. Please enquire.
PASSPORTS AND VISAS
The client must carry their ID on them at all times and also, where required, their passport, both of them current and original. It is the duty of the retail sales agency to provide information about any special documents (such as visas, medical vaccination or health certificates, etc.) required to enter the country of the trip destination, and the client explicitly takes responsibility for obtaining them and for the consequences of failing to carry them or if they are not valid or up-to-date. Foreign clients must make sure they meet visa requirements in order to enter, leave and travel without problems in the destination country, and will bear the consequences of any failure to meet these requirements. In the event that their documentation is rejected by an authority or they are refused entry to the country because they do not meet the requirements or lack documentation, the organising agency declines any responsibility for issues of this kind and will not be liable for additional expenses or for refunding the cost of the trip. Any damages that might arise from lacking this documentation will be the responsibility of the client, in particular the costs incurred due to interruption of the trip and possible repatriation. Under 18s must carry a document authorising them to go on the trip, signed by both parents, by the parent that has custody of them (in the case of separated or divorced parents) or by their guardian. Minors and babies must have their ID and/or passport with them as well as any other necessary documents (e.g. visa, etc.).
The price of the trip includes all the services listed as included in each web programme. The price of the trip package is calculated on the basis of the exchange rates, fares, fuel costs and applicable charges and taxes at the time of publishing the web programme. Any variation in the price of the above factors may lead to an adjustment of the final price of the trip until 20 calendar days before the departure date. If the Agency is obliged to significantly increase the price of the trip package for reasons other than those listed above, it will inform the consumer as promptly as possible (in writing or by any means that involves evidence of notification) so that the latter can choose to accept the increase or withdraw from their booking or contract (if one has been signed). In the case of special events, carnival, fairs, sports events, long weekends, local holidays, visits by authorities, etc., the price of the trip (accommodation, tickets, local transport, etc.) may differ from that published on the website. Please consult applicable supplements in the TO BE TAKEN INTO ACCOUNT section of each itinerary. The prices published in this web programme are based on at least 2 people sharing dates and services throughout the trip; for passengers travelling alone supplements are charged; please enquire.
REGISTRATION AND REFUNDS
At the time of making a booking, the retail agency may charge the consumer a deposit of up to 40% of the total cost of the trip they are booking. Once the booking has been confirmed, further deposits may be charged to guarantee the services booked in accordance with suppliers' conditions (airline or hotels). The balance must be paid when travel vouchers or documentation are handed over, which must be at least 15 days before the departure date. Should this amount not be paid by the deadline required by the agency, the consumer will be taken to have withdrawn from the trip they requested, and the conditions stipulated in the "Consumer's Right of Withdrawal" section will apply to them.
CONSUMER'S RIGHT OF WITHDRAWAL
The consumer may at any time withdraw from the services contracted or requested, and is entitled to a refund of the sums they have paid, whether the full amount or a deposit, but must compensate the organiser for the items specified in the quotation and booking confirmation, in the possession of the client. With regard to the flight component, once the air tickets have been issued, they will incur 100% of their cost, as well as those mentioned above. In the event of force majeure, the organising agency undertakes to take all the steps necessary and possible to annul the cancellation costs mentioned above. For these purposes, force majeure will be considered to include death, accident or serious injury to the consumer or any of the people with whom they live which stops them taking part in the trip. However, even if the above penalties do not apply, in all cases the consumer must pay the administration and cancellation costs arising from their withdrawal. Withdrawal takes effect from such time as the wholesale agency becomes aware of the consumer's desire to withdraw. Once it becomes aware of the withdrawal, the agency will refund the consumer whatever amounts they have paid within a maximum of one month, after deducting the costs of administration and, where relevant, justified cancellation costs and penalties. If the travel package is subject to special economic contractual conditions such as chartering aircraft, vessels, special charges or similar, administration costs, cancellation costs and penalties will be those explicitly stated in the leaflet/offer for this trip or those agreed on an individual basis in the contractual documentation, which are explained by the wholesaler at the time of booking and which are to be attached to the written confirmation.
NON-APPEARANCE ON DEPARTURE
Non-appearance on departure is when the consumer does not express their intention not to go on the trip and then does not arrive on time in the place stipulated for departure. In this event, they will lose the right to a refund of the amounts paid and remain obliged to settle the outstanding balance. However, if such non-appearance is due to force majeure, the consumer is entitled to a refund of the amounts paid, after deducting administration and cancellation costs. For these purposes, force majeure will be considered to include death, accident or serious injury to the consumer or any of the people with whom they live which stops them taking part in the trip and informing the agency of this prior to departure.
WITHDRAWAL BY CONSUMER DURING THE TRIP
The consumer is entitled to withdraw from the travel package contract after the trip has begun, but they may not claim a refund of the amounts paid and will remain obliged to settle the outstanding balance. If such withdrawal is due to an accident or serious illness to the consumer which stops them continuing with the trip, the Agency will provide them with the necessary assistance and, where appropriate, attempt to arrange a refund by the different suppliers of the cost of the services not used. The client is warned that we cannot guarantee any refunds, as this will depend on the cancellation conditions of each supplier contracted. The client is informed that the cost of transport (coach, ship, aircraft, train, etc.) is non-refundable. They are further informed that in August and during long weekends and the Christmas and New Year holidays it is practically impossible to recover amounts from the different suppliers, as they usually have more restrictive cancellation conditions than at other times of year. In both cases, all extra costs arising from withdrawal, in particular those of repatriation or transfer to place of origin, are to be borne by the consumer.
TRANSFER OF THE BOOKING
If the consumer wishes or is obliged to transfer their booking to a third party, they must first enquire whether this is possible, as most airlines and hotels do not accept changes of name. If transfer is possible, it must be made at the latest 15 days before the starting date of the trip. In any case, the consumer and the person to whom they have transferred the booking are jointly liable to the agency to pay the balance of the cost of the trip, as well as any additional costs that might be caused by the transfer.
MODIFICATION OF THE CONTRACT
By the consumer: If at any time prior to the consumer's departure they wish to ask for changes to the destinations, means of transport, length, calendar, itinerary or any other aspect of the trip or services arranged and the organizing agency can make these changes, the agency may charge the former for the justified additional costs incurred by the said changes, as well as administration costs for modifying the booking, which may not exceed 3% of the cost of the trip. By the organizing agency: Before departure, the Agency can only make whatever changes are necessary to run the trip package successfully and which are not significant (i.e. they do not impede achievement of its purposes according to its general or special features). When the organizer is obliged to modify significantly the essential features of the trip package contract, after doing so and before the departure date of the trip, they must notify the client in writing as promptly as possible so that the latter can opt either to cancel their booking or contract, with the right to a full refund of the amounts paid, or to accept the consequences of the modification to the initial trip. Should the client not communicate their decision in writing within three working days of notification, they will be understood to have opted to rescind the booking or contract. Should the client opt to rescind the contract in accordance with the above paragraphs, or the organizing agency finally decides to cancel the trip, the consumer may choose between a full refund of the amounts paid, within a month, or, if the organizing agency can offer it, another trip package of equivalent or superior quality. If the trip offered is of inferior quality, the organizing agency will refund the client the difference in price.
DEFICIENT PROVISION OR NON-PROVISION OF SERVICES
Should the consumer find during the course of the trip that there is a problem with the provision of any of the services contracted, they must communicate this on the spot and as promptly as possible to the organizer or retailer and, where appropriate, the provider of the service in question. This communication must be in writing or any other form of which a record exists. After receiving the communication, the retailer or the organizer must make diligent efforts to find suitable solutions as required by law. If this communication is effected in the time and manner specified, the document accrediting it means there is no need to provide further evidence of the existence of the problem, unless the organizer, the retailer or the service provider have established in the consumer's presence that the problem does not exist or does not have the features given, and kept a record of this. If the consumer does not affect the said communication in the time and manner specified, they must prove the alleged problems in accordance with the general criteria for evidence and will be liable for any damages caused or aggravated by their failure to communicate.
GROUNDS FOR EXONERATION FROM LIABILITY
The liability of the organizing agency will cease where any of the following circumstances apply:
- The problems observed in the execution of the contract are attributable to the consumer.
- These problems are attributable to a third party unconnected with the provision of the services stated in the contract and are unpredictable or unsolvable in nature.
- The said problems are due to reasons of force majeure, taking these to be circumstances beyond the control of those who claim them, abnormal and unpredictable, the consequences of which could not be avoided, even by acting with due diligence.
- The problems are due to an event that the retailer or, where appropriate, the organizer could not predict or resolve, even by acting with due diligence.
LIABILITY FOR SERVICES NOT INCLUDED IN THE TRIP PACKAGE
The rules of contractual liability for the trip package are not applicable to services like the running of excursions, attending sports or cultural events, visits to exhibitions or museums or similar which are not included in the overall price of the trip and which the consumer arranges optionally in connection with the trip or during it. In these cases, the agency must inform the consumer of the optional nature of the service and that it does not form part of the trip package.
In the event that the client lodges a claim, the organizing agency or the seller, depending on their obligations in their respective spheres of administration of the trip, will have 3 months from the date of lodging the claim in which to respond to the client. The client may also ask the competent authorities to intervene as mediators in the conflict, and to this end we place at their disposal the pertinent complaint forms. Accepting mediation is voluntary for the travel agency, so the agency will decide on a case-by-case basis whether to agree or not to the mediation proposed by the authorities at the request of the consumer. If the conflict is not settled in these ways, the consumer has the option of opting for arbitration or court proceedings. The consumer is informed that our agency is not associated with the consumer arbitration system. Should the client decide to opt for court proceedings, they are informed that the statute of limitations for court action arising from the trip package contract is two years from the day on which the trip ended or should have ended.
VALIDITY OF THE PROGRAMME
In cases where a departure date is specified or in the price lists where the last date given is before the published one, an updated price for the trip must be requested, together with the trip as currently defined according to the prices that make up the proposed package.