ANEX 11. - GENERAL CONDITIONS OF THE CONTRACT.
1.Legal regulation applicable.
The contractual relation between the organising agency and the client is governed by the combined contractual clauses, by the travel specifications which details the trip's definitive content and by the general present conditions, all drafted to conform with Catalan Regulations of Travel Agencies (Decree 168/1994, of the 30th of May) and by the general State Law governing contracts (Law 7/1998, of 13th of April).
The contractual partied abide expressly by the jurisdiction of the Barcelona Tribunals (Spain) to resolve any discrepancies or reclamations caused by the interpretation or execution of the combined travel contract and these general conditions, and renounce their own legal system should it be different. In order to book and make a reservation of the trip, the client should make a deposit of 30% of the total amount due, except in the case where the suppliers impose an advance payment of another amount. The remainder of the cost will be paid on the formalisation of the combined travel contract.
2.Changes in the travel plans on the part of the organiser.
When the organiser is obliged to significantly change the travel plans, he will notify the client by writing as soon as possible, and the client has the choice of canceling the trip with full reimbursement or to accept the changes to the initial trip.
In the event that the client does not reply by writing within the following three working days, it will be assumed that they have chosen to rescind the reservation or contract.
It is considered sufficient cause to modify the trip in the cases of force majeure (circumstances beyond control, unusual and unforeseeable) such as lack of availability of the accommodation requested, climatic changes or of the establishments / suppliers of Patagonia which may affect the undertaking of the planned route.
3. Contractual condition.
The undertaking of the trip is conditioned on the signing up of two people taking part. If this is not the case, the AGENCY can cancel the trip without the right of compensation to the client as long as the client is advised at least 15 working days before the date of departure.
4. Cancellation on the part of the client.
If the client cancels the trip after the formalisation of the contract, along with the deposit of reservation, he will have to compensate the travel agency for their administration expenses (incurred by the selling agency), the expenses of justified cancellation (incurred by the organising agency and by the tuiristic suppliers) and a penalty consistent with 5% of the total cost of the trip if the cancellation is made within 10 to 15 working days before the departure date, or 15% if it is made within 3 to 10 working days, 25% if it is made within 48 hours of departure or 100% if the client fails to turn up at the hour of departure.
In whatever case, the economic consequences of cancellation, in the case of special conditions of the contract (such as reduced price travel or the economic demands of certain suppliers) will fall upon the client once the contract has been put on record.
6. Price of the trip.
The price of the trip quoted in the publicity brochure includes VAT where it is applicable, and refers to the season indicated.
The price may be revised up to twenty working days before the departure date in the case that there are variations in the transport costs (including the cost of fuel), in the charges or taxes in regard to certain services (such as landing, embarking or disembarking in ports or airports) and in the exchange rates applicable to the trip. When faced with a change in the price, the client can either accept the supplement or cancel the reservation or contract (if it has been formalised).
7. Accommodation establishments.
The content and the quality of the services provided by the tourist accommodation establishments, are determined by the local tourist category named in the contract or in the specifications sheet. In the case that no such classification exists, the description and characteristics of the establishment will be expressed in the contract.
The client must always carry the national identity document, and where necessary a current and valid passport.
The agency has the duty to provide information about any special documents required (such as visas, vaccination or medical health certificates) which are required by the place of destination in order to enter the country, and the client assumes the responsibility to obtain these documents (except in the case of another arrangement with the agency), along with accepting the consequences if these documents are not in order or out of date.
Foreign clients must ensure that they have all the necessary visas to enter, leave and move around within the country of destination, and assume the consequences if they have not.
Those under 18 years old must carry a document signed by both parents, for the parent who has custody (in cases of separation or divorce) or by a legal guardian.
9. Ceding a reservation.
The client may cede their reservation to a third person as long as they inform the agency 15 days before the departure date of the trip, and this is not expressly prohibited in the publicity brochure.
The organising agency must assume the consequences arising from their failure to carry out, or that they carry out in a deficient manner, their contractual obligations in their management of the combined trip.
However it will be exempt of this responsibility if it has been due to force majeure (circumstances beyond control, unusual or unforeseeable), to an event that neither the agency or the suppliers could have avoided, or is due to the client or a third party.
The client is obliged to report to the organising agency, as soon as possible and in writing, any failure to execute the contract that they come across. In the group trips, the initial contract may be modified always when the alteration to the itinerary or services provided are justified by climatic conditions, by unforeseen impositions by the local suppliers or by the limited local infrastructure. Any other alteration to the route has to be approved by the group and consented to expressly by the agency.
These clauses of general conditions have been drawn up on the 15 April 2005.
- Legal Information