This is a detailed summary of the General Conditions of the program which is described herein and is the subject-matter of the Package Travel Contract.
1).- Legal regulation applicable and acceptance of the General Conditions
The present General Conditions are subject to the provisions of the Package Travel Act 21/1995, dated July 6th, the General Contracting Conditions Act 7/1998, dated April 13th, the General Consumer and User Protection Act 26/1984, dated July 19th, and other national or regional regulations.
The contract is of compulsory compliance for both parties in the terms provided therein and is established by the clauses contained in the General Conditions, published in the trip program, which consider and develop the specific applicable legislation without contravening it.
Acquiring or taking part in the program implies express acceptance by the consumer of the General Conditions, which are automatically incorporated to the contract, without the need of an individual written copy.
Legislation requires the signature of a Travel Package Contract. If, for whatever reason, the contract is not provided completed or if a signed copy of these General Conditions is not attached to it, request it to your retailer agency.
The technical organization of this program is executed by the travel agency Pinsarupa S.L. hereinafter referred to as Namaste Viajes, with tax identification code CIF B-47565460, registered office at C/ Arribas 7 (esq. López Gómez), 47002 Valladolid, Spain and license number C.I.C.L. 47-93 MN.
A deposit of at least 40% of the total price of the tour is required at the time of booking. Any reservation will be definitively confirmed before this condition is fulfilled. The remaining balance is due at least 30 days before the beginning of the program. Otherwise, the reservation will be considered as canceled, applying the conditions in the cancellations section.
If any of the service providers require advance payment to the organizer, the retailer is entitled to demand the payment of the total price at the time of booking.
If the consumer requests the design of a custom travel package, the agency may require the payment of this service. If the consumer accepts the package travel offer designed by the agency and the agency can confirm the services it includes, the amount paid will be included in the price of the trip.
Booking confirmation will be made upon delivery of the vouchers and the rest of the documents which form the contract.
3.2).- Prices and price revision
The price of the program has been calculated based on exchange rates, costs of means of transport and other usual costs of the trip, and is subject to change in the strict amounts of the variations of these costs. Any price change will be notified to the consumer, in writing or by any means ensuring proper evidence of the communication, who, if the change is significant, may cancel the trip without any penalty or accept the contract amendment. These changes will be automatically charged to the consumer, which obliges the retailer to communicate the changes to the consumer. In no case will the price be increased within twenty days before the beginning of the program for previous requests.
4.3).- The price includes
a).- Transportation included in the contract under the conditions specified in the program.
b).- Accommodation and board included in the contract in the chosen establishments or in other equivalent in case of replacement.
c).- Accommodation taxes, indirect taxes (Value Added Tax) or other applicable taxes.
d).- Technical assistance throughout the program, when included in the contract.
e).- All other services specified in the contract.
f).- Travel insurance included in the program.
4.4).- Special offers
When the package travel contract is made at a price different to the indicated in the program as a result of special offers, last minute offers or equivalent, the services included will be only those specified in detail in the offer.
4.5).- The price does not include
Anything that is not explicitly detailed in the specific program of the contracted trip is not included in the price. Expressly, the following are not included: visas, airport taxes (unless indicated in each case), entry and exit taxes, vaccination certificates, special diets, unless otherwise expressly agreed on in the contract, clothes washing and ironing services, optional hotel services, optional excursions and visits, and, in general, any other services not specifically included in section 4.1. or in the program, the contract or the documentation given to the consumer at the time of signing.
Revised prices are determined with reference to the exchange value of the currency of the destination country. In the case of tours which include two or more countries, the reference exchange rate is the US dollar/Euro.
4.5.1).- Optional excursions
Optional excursions or visits not contracted originally are not part of the package travel contract and have merely an informative character. Their price is indicated as estimated, as variations that alter it may occur.
Likewise, the execution of such excursions, given their optional character and being not subject to the program, can not be guaranteed until the time they are contracted in the destination.
Tips for local guides are not included in the price of the package travel (consult for other services at each destination).
Unless expressly stated, porterage is not included in the price.
Unless otherwise indicated in the program or in particular conditions:
a).- With regard to those countries where there is an official classification of hotels or other accommodations, the program includes the touristic classification corresponding to the country. In those where there is no official classification, the category indicated in the program is merely indicative.
b).- In general, rooms can be occupied from 14.00 the day of arrival and must be vacated before 12.00 on departure day.
c).- Triple or quadruple rooms or cabins (for cruises) are generally double rooms to which one or two beds are added, which are usually a sofa bed or folding bed, except in certain establishments where, instead of additional beds, larger beds are used.
d).- In the event that the traveler wishes to bring pets on the trip, they should consult before booking, as they are not generally accepted in hotels.
5.1).- Other services
a).- Generally, full board includes breakfast, lunch, dinner and accommodation. Half-board, unless otherwise indicated, includes breakfast, dinner and accommodation. Normally these meals do not include drinks.
b).- Special diets such as vegetarian are only guaranteed if they have been included in particular conditions.
c).- When users request supplementary services, such as a room overlooking the sea, river, monuments, etc., that can not be definitively confirmed by the agency, the user may choose to withdraw their request or to maintain it waiting for the services to be provided. In the event that the parties had agreed on the payment of supplementary services that finally can not be provided, the amount paid will be refunded immediately by the retailer at the moment of the service or upon returning from the trip, depending on whether the user has chosen to withdraw the requested supplementary service or to maintain the request.
6).- Consumer cancellation, transfer and cancellations due to not reaching the minimum group size.
1).- The consumer is entitled to cancel the contracted package travel at any time before departure. However, if the cancellation occurs less than 15 days before the departure, they must pay the following penalties:
a).- 5% of the total price if the cancellation occurs more than 10 and less than 15 days before departure.
b).- 15% of the total price if the cancellation occurs more than 3 and less than 10 days before departure.
c).- 25% within 48 hours before departure.
c.1).- If the consumer does not appear at the place and time of departure, the payment will not be refunded.
c.2).- In all cases, even if the cancellation occurs before the mentioned 15 day period, € 60 per person will be charged under management costs, which can be added to any costs derived from the cancellation, if any.
c.3).- The customer take into account that, in case of packages including scheduled flights they have to be paid on the date specified by the airline. Therefore, in case of cancellation after this payment, the cancellation costs will be added to the amount stipulated by the airline, depending on the type of airfare.
2).- The consumer will not have to pay any penalty if the cancellation is due to force majeure, which include the following circumstances that exempt the consumer of their responsibility: death, serious illness or accident of the consumer, spouse, children, parents or siblings.
3).- In all cases the costs derived from management and cancellation will be charged to the consumer.
4).- The cancellation has effect when it is communicated to the agency.
5).- Once the cancellation has been communicated, the agency will refund the consumer the paid amounts within one month, after deducing any cost derived from management and cancellation, if any, and the corresponding penalties.
6).- In the event that the package travel is subject to special economic contracting conditions, such as chartering planes, boats, special fares or other similar conditions, management and cancellation costs and penalties shall be established according to the economic damage affecting to the organizer, or to which is explicitly indicated in the program or to the conditions agreed on by both parties.
7).- Excursions originally contracted as a part of the package travel as well as those purchased by the consumer in the destination will have a penalty of 100% of their price if the consumer does not appear.
8).- The consumer of the package travel may transfer their booking to a third party upon written request 15 days in advance of the beginning of the program, unless the parties agree a shorter period in the contract. This is subject to the authorization of the airline to change names.
9).- The recipient must meet the same requirements as the transferor, both will be jointly and severally liable to the travel agency of the payment of the program and any additional costs derived from the transfer. When there are insurmountable obstacles, the organizer may object to the transfer, providing reasons for it.
10).- If the organizer makes the viability of the package trip offer expressly conditional on reaching a minimum group size and the trip is canceled due to not reaching that number, the consumer is entitled exclusively to the refund of the amount paid, with no right to claim any amount in compensation, as long as the agency has notified this circumstance at least 10 days before the beginning of the program.
The agency commits to providing the consumer with all the services contracted and included in the program, with the stipulated conditions and characteristics. The agency is exempt from this obligation when there are reasons of force majeure or sufficient causes, which include all those causes in which the agency, despite acting with diligence, is unable to provide the services contracted because of reasons not attributable to them. All under the following circumstances:
a).- In the event that, prior to departure, the organizer is forced to modify significantly any essential element of the contract, including the price, or even to cancel the program due to legitimate reasons not attributable to the consumer, they must immediately inform the consumer through the retailer.
b).- In that case, the consumer may choose to terminate the contract without penalty or to accept a contract amendment. The consumer must communicate their decision to the retailer or, where appropriate, to the organizer within 48 hours after they are informed of the change referred in paragraph a).
If the consumer fails to notify their decision as indicated above, it shall be understood that they opt for the termination of the contract without penalty.
There is no compensation to be claimed when the cancellation of the contract occurs in cases of force majeure.
c).- In the event that the consumer chooses to terminate the contract under the provisions of paragraph b), or if the organizer cancels the program before the departure date for any reason not attributable to the consumer, they shall be entitled, from the moment in which the termination of the contract occurs, to the refund of the amounts paid or to perform another program of equivalent or higher quality if this is possible for the organizer or the retailer. In the event that the program offered to the consumer were of inferior quality, they would be obliged to refund the consumer the price difference. The consumer will also be entitled to the same right if they do not obtain confirmation of the booking in the terms stipulated in the contract.
There is no compensation to be claimed when the cancellation of the contract occurs in cases of force majeure.
d).- In the above mentioned cases, the organizer and the retailer shall be liable to the consumer of the payment of the compensation, if any, corresponding for breach of contract, which is 5% of the total price of the program, if the breach occurs between two months and 15 days immediately before the beginning of the program; 10% if it occurs within 15 days before the beginning of the program; and 25% if it occurs within the previous 48 hours.
e).- There will be no obligation to compensate on the following circumstances:
1).- If the cancellation is because the minimum group size is not reached.
2).- If the cancellation of the program, except in cases of overbooking, is for reasons of force majeure.
3).- If the program is canceled due to “sufficient cause” under the provisions of the respective regional legislation, if specified.
f).- In the event that, after departure, the organizer does not provide a significant part of the services under contract, they shall adopt the appropriate solutions for the continuation of the program, at no extra cost to the consumer. If the consumer continues the program with the solutions provided by the organizer, it will be considered that they tacitly accept these solutions.
g).- If the solutions accepted by the organizer were nonviable or the consumer did not accept them on reasonable grounds, the organizer shall provide, at no extra cost, an equivalent transportation to that used in the program to travel back to the starting location or any other agreed on by both parties, notwithstanding the corresponding compensation, if any. There is no compensation to be claimed when the cancellation of the contract occurs in cases of force majeure.
h).- In case of complaint, the organizer shall act with the utmost diligence to find appropriate solutions.
i).- Under no circumstance anything not included in the contract (for example, transport tickets from the consumer’s origin to the place of departure, or vice versa, hotel reservations for the days before and after the program, meals, etc.) will be responsibility of the organizer. No compensation may be claimed for the cost of independent services in case of cancellation for the reasons specified in paragraph e).
j).- If the transfers included in the program, from the hotel to the airport or vice versa, or other similar, where not fulfilled due to reasons beyond the transport provider control and not attributable to the organizer, the latter shall refund the price of the transport used by the customer upon presentation of the corresponding receipt or invoice.
The organizer and the retailer will be proportionally liable for the obligations corresponding to the program management, regardless that these obligations are executed by them or by other suppliers or service providers.
The organizer and retailer will be liable for damages suffered by the consumer as a result of the non-execution or deficient execution of the contract. This responsibility shall cease under the following circumstances:
a).- If the observed deficiencies in the execution of the contract are attributable to the consumer.
b).- If the deficiencies are attributable to a third party external to the provision of services under contract and are unforeseeable and unavoidable.
c).- If the deficiencies are due to force majeure.
d).- If the deficiencies are due to an unforeseeable event.
8.1).- Consumer’s duty to inform of any non-performance in the execution of the contract
When the consumer appreciates in situ the non-execution or deficient execution of the contracted services, they shall immediately give written notification to the provider and within 48 working hours to the organizer or the retailer, so that they can take urgent measures aimed to solving the deficiencies, in compliance with the provisions of Article 10 of the General Consumer and User Protection Act 26/1984. The omission of communication will require that the consumer provides irrefutable and documented proof of the non-performance. This notification shall be in writing or by any other means that make a record to the organizer or the retailer and, if applicable, to the service provider.
8.2).- In the event that arbitrated solutions are not satisfactory, the consumer will have 30 days from the date of the end of the program to make a claim. The retailer or the organizer have 45 calendar days to respond to the claim. However, under the assumptions of lack of responsibility for the occurrence of any of the circumstances specified in sections b, c and d, the organizer and the retailer that are part of the contract will be obliged to provide the necessary assistance to any consumer that is in difficulties.
8.3).- However, the bringing of any claim arising form the contract does not exempt from the payment of the program under any circumstances.
8.4).- Prescription of actions
Stated in Article 13 of the Package Travel Act 21/1995, dated July 6th.
8.5).- Damage compensation limits
The compensations limit for injuries or for improper performance of the services included in the program are subject to the provisions of the international treaties on this matter. As regards non-injury damages, the compensation will never exceed the total price of the program. Under no circumstance will the organizer be responsible for the cost of accommodation, meals, transport or other costs that result of delays in departure or return of means of transport due to weather or technical causes, strikes or force majeure.
8.6).- Flights, appearance at the airport
It is recommended to arrive to the airport at least one hour and a half before the official departure time. However, when contracting separate services, it is recommended to reconfirm flight departure times 48 hours before.
8.7).- The liability of airlines, shipping companies and others begins when the passenger obtains the boarding pass and ends when they arrive to the exit of the airport or terminal in the city of destination of their air, sea or land ticket. Likewise, air, sea and land companies involved that take part in this tours, will not be held responsible for any act, omission or irregularities that may occur to the traveler during the time they are outside the corresponding means of transport.
8.8).- The contract of carriage is the only binding agreement between the transport company and the purchaser or passenger.
8.9).- When the lack of connection of the flight from the city of origin to the international flight forces to stay overnight, the expenses corresponding to accommodation, transport to or from the airport, meals, etc., will be paid exclusively by the customer.
The organizer declines all responsibility for the non-appearance of the travelers at the arranged time for departure, whatever may be the causes.
8.10).- The creation of airline alliances has led to a proliferation of the so-called code share flights, therefore, Namaste Viajes declines all responsibility for the final operation of the flights.
8.11).- Other means of transport
In tours, buses can vary their characteristics depending on the group size. Minibuses or vans can be used if a minimum number of travelers is not reached in any of the departures. In all cases, the vehicles’ design, structure and comfort may not adapt to Spanish standards, but to those of the destination country.
9).- Non-appearance on departure
a).- It will be considered non-appearance on departure when the consumer does not inform their intention to not participate in the program and does not appear at the arranged place and time for departure. In this case, they will forfeit the right to a refund of the paid amounts and the obligation to pay any remaining amount will continue.
b).- However, if non-appearance is due to force majeure, the consumer is entitled to the refund of the paid amounts, deducting the management and cancellation costs. For this purposes, it is considered force majeure the death, serious illness or accident of the consumer, spouse, children, parents or siblings or any similar event that prevents them from participating in the trip having informed the organizer of this impossibility before departure.
10).- Special economic conditions of children
Given the diversity in the treatment applicable to children, depending on their age, the service provider and the date of the program, it is advisable to consult the scope of the special conditions, taking into account that, in general, with regard to accommodation, they shall be applicable provided that the child shares a room with two adults. Minors traveling abroad shall be subject to specific and detailed information and to what is stated in the contract or in the documentation of the program provided upon signing thereof. It is always recommended to have a document proving the child’s age.
11.1).- All the travelers without exception (children included), shall carry valid personal and family documentation, passport or national identification document, depending on the country of origin and according to the countries visited. The agency declines all responsibility if the traveler’s visa is rejected by any authority, due to the traveler’s particular circumstances, or if the entry to the country is denied due to the lack of any applicable requirement, defect in the required documentation or lack of it. Any costs derived from this circumstance will be charged to the consumer, applying the conditions and regulations established for customer cancellations, and in particular, the costs derived from the interruption of the trip and repatriation. The agency reminds travelers to ensure before the trip that they fulfill the requirements for visas in order to enter the countries visited. All travelers under 18 must carry a written authorization from their parents or guardians, in case they may be required by the authorities.
11.2).- Very important
Some countries require a passport validity of 6 to 9 months from the arrival date, regardless of whether a visa is required to enter the country or not. The agency recommends to obtain a new or renewed passport before departure.
12).- Luggage transportation
For all purposes and with regard to land transport, it shall be understood that luggage and other personal belongings shall be kept beside the traveler. The agency will not be responsible for the loss, theft or damage that they may suffer during the trip for any reason, including their handling in transfers airport-hotel, port-hotel or vice versa, when applicable. It is recommended that the travelers are present whenever their luggage is loaded and unloaded. In the event of suffering any damage or loss the traveler shall immediately submit the corresponding complaint to the transport company. The agency commits to provide assistance to travelers who may be affected by some of these circumstances.
12.1).- Transport companies allow free transport of one or two pieces of luggage per person, with a total maximum weight of 30 kg in buses and 20 kg in flights. Extra costs due to weight excess shall be charged to the traveler.
13).- Information that retailer agencies must provide the consumers
Consumers are informed that, at the time of formalizing the contract, the retailer agency shall provide all the relevant information about the specific documentation necessary for the trip, as well as advice on optional insurance covering cancellation costs and/or optional assistance insurance covering repatriation costs in case of accident, illness or death; and information about probable risks implicit to the destination and the trip, in compliance with the General Consumer and User Protection Act. Therefore, the formalization of this contract is the express declaration of having received this information.
13.1).- It is recommended that consumers contact the authorities responsible for international relations (foreign ministry or department of state) in their country of origin, which usually provide specific recommendations according to each destination.
The organizer or wholesaler agency reserves the right to alter the order of the tour in any of the itineraries of their catalog, as well as to change departure times or airlines, in previously defined tours, provided that they do not affect its content. The organizer or wholesaler agency shall not be responsible for any expenses, as accommodations, meals or work days lost, arising from delays in the means of transport used, regardless that these are due to weather or technical reasons, strikes or force majeure foreseeable by Namaste Viajes. Taking into account the great diversity of tours, itineraries and operating dates, Namaste Viajes can not accept any responsibility in the event that diverse places, such as museums or monuments, in the cities mentioned in the itinerary, could not be visited during any of the tours due to holidays, weekly closings or other causes.
15).- Lost items
The organizer shall not be responsible for items lost or forgotten during the trip.
The program includes travel assistance insurance with diverse coverages, indicated in the insurance policy included in the documentation provided.
17).- Right of exclusion
Inappropriate actions or expressions from any of the participants of the group tour, which clearly disturb its proper progress, can be enough reason for the termination of the package travel contract, with the sole obligation for the organizer to provide transport to the place of the beginning of the program by means of transport equivalent to that used in the contracted tour. The organizer will also be entitled to appropriate compensation for damage attributable to the consumer behavior.
18).- Legal actions
a).- The parties are expressly subject to the jurisdiction of the courts of the city of Valladolid, Spain, to resolve their differences.
b).- The consumer may only be sued in the courts of the place were the contract was executed.
c).- Legal actions arising from the package travel contract has a limitation period of two years, counting from the day the program should have finished.
The program schedule is defined by the departure dates of each tour in the year 2016, unless otherwise indicated in the program.
Due to the continuous fluctuations of the currency exchange rates it is essential to reconfirm the prices at the time of booking.
– The order of the visits and stays at the accommodations and cruises may be varied, always respecting the content of the program.
– Optional visits are paid in US dollars or euros to service providers, being them responsible for their organization.
– Due to the peculiarities of hotel maintenance in certain countries, it is sometimes ordinary. Therefore, we beg you not to compare in that occasions the categories assigned by the Ministry of Toursim of the country of destination with the Spanish categories.
– Hotels can be substituted without notice by others of similar or higher category due to occupancy reasons.
– Airlines may change flight schedules without notice. Namaste Viajes and our local representatives will undertake every possible effort in order that our customers are minimally affected. In any case, Namaste Viajes shall not be responsible for anomalous situations or beyond our control.
– Force majeure causes that exempt the agency of its responsibility shall be understood, as established in the General Conditions, as those specified in the Package Travel Act.
– The guarantee of the contractual liability on the part of the agency is an obligation established in article 12 of the Package Travel Act.
– The acceptance of the contract will only be valid after its signature by both parties.
– THE TRAVELER SHALL NOTIFY ANY DEFICIENCY WITHIN 24 HOURS TO THE PERSONS RESPONSIBLE OF THE PROGRAM, WHOSE TELEPHONE NUMBERS ARE INCLUDED IN THE TRIP VOUCHER, OR TO NAMASTE VIAJES IF THE TRAVELER IS UNABLE TO LOCATE THE PERSONS RESPONSIBLE OR THE SOLUTION IS NOT SATISFACTORY, IN ORDER TO CORRECT IT.
– NAMASTE VIAJES RESERVES THE RIGHT TO CANCEL THE SERVICES IF THE CONTRACTING PARTY HAS NOT PAID THE ENTIRE PRICE OF THE PROGRAM AT THE TIME OF ITS BEGINNING OR IF THE CONTRACT HAS NOT BEEN RECEIVED, SIGNED IN ALL ITS SHEETS, AT THE DATE OF ITS BEGINNING.
The clauses listed above replace and modify those that refer to the same points and that are included in the Package Travel Contract.