Legal regulation relevant to the travel package contract and acceptance of the Terms & Conditions
This Terms & Conditions are subject to the provisions of the Fourth Paper on the travel package of Royal Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, the Law 21/1995, of July 6, Travel Combined (BOE. 7 / 7- / 95), Law 7/1998, of 13 April, on General Conditions of Contract (14.4.98) and Law 26/84, of 19 July, for the Defence of Consumers and Users (BOE. 24/7/84) and other provisions.
The parties expressly submit to the jurisdiction of the courts of Barcelona to settle disputes or claims which raise the interpretation or execution of the contract package and these general conditions, and waive their own forum should it be different.
Design and organization of these routes has been made by Ismalar Rutas, owned by Ismalar SLL Identification Code GC-003904, registered C / Industria, 137-141. Esc. Left. I entlo. 08025 Barcelona. As is public deed authorized on 09/03/14 by the Notary of Málaga, Juan Carlos Martin Romero, with the number 4293 of his protocol. Registered in the Companies Registry of Barcelona in Tome 44560, folio 40; leaf B 459909; Registration six
The act of registration and travel booking requires that the traveler has filled in the registration form, accepting these terms & conditions and has paid 25% of the total price of the contracted services as a deposit, receiving confirmation from the agency. The remaining balance must be paid at least two week before the departure. In some cases, such as including air travel will be paid the full price of the ticket prior to the issuance thereof. The PAYMENT SCHEDULE in the travel agreement has priority over these terms.
The tour price stated in the brochure includes the value added tax when applicable and effective means for the season indicated. The price may be revised up to 20 calendar days before the date of departure in case there are changes in transport costs (including fuel prices), rates or taxes relating to certain services (such as landing fees at ports and airports) and in the exchange rates applied to the package. Before the price change, the customer can accept the supplement or withdraw the reservation or contract (if it has been formalized).
The travel guide responsible may change the program or itinerary if major causes make it advisable such as adverse weather, illness of any of the travelers or any other incident that could jeopardize the smooth running of the trip and the integrity of its components, while taking into account the considerations of travelers.
The customer is required to always carry the national identity and, if required, the original passport and valid copies. The agency has a duty to report on the special documents (like visas, medical certificates of vaccination or health, etc.) that requires the travel destination for entry into the country, and the client expressly assumes both processing (except if another agreement with the agency) and the consequences of not taking them or the fact that they are valid or invalid. You can check the details on the website of the Ministry of ForeignAffairs,from the map you'll get to the recommendations of the country or countries you will visit.
Foreign customers are to ensure that they meet the requirements of visas to enter, leave and circulated without problems in the destination country, and assume the consequences of failure.
All children under 18 years have to bring a document authorizing them to make the trip, signed by both parents, by the parent who has custody and custody (in cases of separated or divorced couples) or guardian.
The accomplishment of the trip
Is conditional to the registration of the minimum number of travelers specify in the hired program details. If this group does not form, Ismalar can cancel the trip to the other registered communicating 10 days before departure and being returned the full amount of the reservation.
The quality and content of the services provided by the hotel will be determined by the official tourist category, if any, allocated by the competent body of the country. Given the current relevant legislation, which provides only the existence of single and double rooms allowing in some of the latter to a third bed, it is always deemed that the use of the third bed is made with the consent of the people occupying the room. This tacit estimation derives from the true circumstance of having been advised as well as the room appearing as a triple in all print reservation provided to the consumer to pay the advance, the contract and the tickets and / or travel documents that It is delivered simultaneously with the signature. Also in cases of double rooms for use of up to four people, with four beds, where specified in the program / brochure. If any of the programs include accommodation in double, triple or multiple, is understood to share with any member of the group making the journey.
The basis of each program prices are per person and are based on double, if otherwise it indicated.
In certain cases, in shelters or mountain huts, multiple rooms may have to be shared with members of other expeditions, guaranteeing equal service to all guests.
The base of each program prices are per person and are based on double room, unless otherwise indicated. If customers request is accommodated in triple or quadruple rooms there, as a rule, no discount established, whichever price per person basis. In these cases the Agency not responsible for the room to be considered by the hotel as a double with extra bed, since, in general, the triple rooms are very slim. In some countries, the only triple and quadruple rooms have two double beds.
The regular schedule for entry and exit in hotels is based on the first and last service that the user will use. As a general rule and unless expressly agreed otherwise in the contract, the rooms may be used from 15 pm on day of arrival and must be vacated by 12 noon on the day of departure.
In case of no show or cancellation within 48 hours prior to entry into the establishment, be costs 100% of the first night.
When the service contract does not include the permanent support and guidance in the event that the user provides his arrival the hotel or apartment booked on dates or times other than the aforementioned, it is desirable to avoid problems and misunderstandings, communicate as early as possible this circumstance to the Organizing Agency, or hotel or apartments directly, as appropriate to avoid incurring expenses.
Also call to the Agency at the time of booking, the possibility of taking animals, they are not generally accepted in hotels and apartments. In case you have confirmed the admission of animals and be flown with them, that fact must be stated in the contract.
The hosting service will mean that the room is available in the corresponding night, meaning that regardless paid by circumstances own of the package, the time of entry into the same occurs later than originally planned.
On trips whose arrival at the destination is performed after 12:00, the first service of the hotel, when included in the offer program / brochure, shall be dinner. Similarly, whose arrival at the travel destination is performed after 19:00, the first service of the hotel is the accommodation.
Cancellation of the reservation.
The traveler will pay the management fee, the cancellation if any, and penalty consisting of 5% the total amount of travel, if the withdrawal occurs more than ten and less than fifteen days before the date of commencement of travel; 15% between days three and ten, 25% within forty-eight hours prior to departure. In case of no show, the consumer or user is required to pay the total amount of travel.
Cession of the reservation.
The customer may transfer his booking of ground services to a third party provided that the agency notify 15 days in advance the date of the trip and that this is not expressly prohibited in the brochure. As regards air services, restriction of the airlines, it is not authorized any change of name, so in this case the new traveler must pay a new air ticket and the original passenger must pay the costs of cancellation, assuming there.
Right of admission, expulsion and Disciplinary Regime.
The Organizing Agency reserves the right of admission and expulsion, if necessary, to any person who by their disturbing action may hinder the smooth progress of the trip and group coexistence .
The traveler expressly exempts the agency from any liability, claims, contingencies or obligations you may incur personally and / or third parties for any occasion, suspected and / or proven violations of the laws or regulations of any kind existing in the destination country, manifesting knowing their obligations in this regard and expressed their firm will to abide by and comply with it in all its scope.
It also undertakes to follow the directions of those responsible for the group or guides exonerating the Agency on the same terms as the previous paragraph, in the case of wholly or partly violate this obligation.
In the event that any of the hired and annulled services is subject to special recruitment economic conditions, such as freight aircraft, ships, special rates, etc ... cancellation fees for withdrawal as set by the companies involved. It is recalled that the cancellation fees on cruise ships and charter flights are very high and should be hiring a cancellation insurance. Also it is reported that the package tours Once the issue of air tickets regardless of the advance of departure have a 100% cancellation fees.
Delimitation of travel services
In air travel, the presentation will be made at the airport at least two hours in advance of the official departure time, and in any case strictly follow the specific recommendations indicating the travel documentation provided to sign the contract. It was always understood as a direct air route is one whose documentary support one flight coupon, regardless of whether the flight make a technical stop. When there is no connection from the customer's home town to start international flight, the overnight costs are borne by the customer. In loose services hiring, it is recommended that the customer reconfirm forty-eight hours before departure times of flights. On circuits, coaches may vary in their characteristics depending on the number of participants.
If any tour has not reached a sufficient number of passengers, it is possible that a minibus used or "will" that, unless otherwise stated not have reclining seats. Also, in the description of each circuit it indicates whether or not the bus has air conditioning, meaning you do not have nothing indicated. Transportation in the parks for conducting photographic safaris are conducted in a "go" or in a vehicle all terrain characteristic of the country.
In all the above cases the design, structure, comfort and safety of the vehicle can not adapt to the rules and European standards, but which are characteristic of the country of destination.
If an accident occurs the injured party must submit the relevant claim against the shipping company in the country concerned, in order to safeguard where appropriate compensation insurance this. Being supported and advised by the Agency if necessary.
Both the organizer and the retailer assume no responsibility for the accessibility in tourism component of travel (flights, hotels, etc.) and special assistance to persons (beneficiaries) who may have a disability, if not previously communicated in writing by the beneficiary and also confirmed in writing by the retailer or organizer.
The organizing agency must answer for the consequences arising from the non-execution or poor performance of the contract in proportion to their involvement in the management of the package.
Nevertheless, shall be relieved of this responsibility when it has been by a force majeure (alien, abnormal and unforeseeable circumstances), for a fact that neither the organizing agency or suppliers have been avoided or when the cause is attributable to the customer or a third party.
The customer is obliged to inform the organizing agency, as soon as possible and in writing of any failure to execute the contract It has been found in situ.
In group travel, you can accept the amendment to the initial contract, provided that the alteration of the itinerary or the substitution of services are justified by weather conditions, unforeseen impositions of the providers in the area or for reasons of limited local infrastructure. Otherwise altering the route must be approved by the group and expressly consented by the agency.
limitation of liability for overbooking, cancellation or long delay
When the airline cancel a flight or a long delay incurred, will be responsible for providing the due care and care for the affected passengers, must bear the costs of meals, calls, transport and overnight if required, under the provisions of EEC Regulation 261/04, laying down common rules on compensation and assistance established passengers in cases of denied boarding and of cancellation or long delays on flights. In case of flight cancellation the airline will also be obliged to pay compensation for the passenger and to reimburse the price of the ticket if the passenger chooses this option. If the cancellation is caused by extraordinary circumstances which could not have been avoided even if they had taken all reasonable measures, the air carrier operating your flight is not obliged to pay compensation but to pay due care and care for passengers concerned and reimburse the ticket price if they choose this option.
When the lack of connecting flights, even because of times changes of participating carriers, force overnight or make a long wait, the costs arising from this both accommodation and meals and transport will be borne by the air carrier causing overbooking, cancellation or delay, under the provisions of EEC Regulation 261/04, laying down common rules on compensation and assistance established passengers in cases of denied boarding and of cancellation or long delays on flights.
These clauses have been drafted general conditions dated September 6, 2015 and has an indefinite term.
Consult our Confidentiality Clause