GENERAL CONDITIONS OF THE PACKAGE TRAVEL CONTRACT

a) Booking the Package Travel

 

1. Pre-contractual Information

 

  1. Before the traveler is bound by any package travel contract or corresponding offer, the organizing agency, or where applicable, the retail agency, shall provide the traveler with the standard information form for package travel contracts, as well as the rest of the characteristics and information about the trip as required by the current legislation.
  2. Persons with reduced mobility who wish to receive precise information about the suitability of the trip according to their special needs, to assess the possibility and feasibility of booking the trip in accordance with its characteristics, must inform the organizing agency or, where applicable, the retail agency, of their situation so that they can be provided with the necessary information to that effect. As established in Regulation EC 1107/2006, a person with reduced mobility is understood to be any person whose mobility to participate in the trip is reduced due to physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or due to age, and whose situation requires appropriate attention and adaptation to their particular needs of the service provided to other participants in the trip.
  3. The pre-contractual information provided to the traveler in accordance with sections a), c), d), e), and g) of Article 153.1 of Royal Legislative Decree 1/2007, will be an integral part of the package travel contract and will not be modified unless the travel agency and the traveler expressly agree otherwise. The organizing agency and, where applicable, the retail agency, will clearly, comprehensibly, and prominently communicate to the traveler any changes to the pre-contractual information before the package travel contract is concluded.

 

2. Information on Passport, Visa, and Vaccination Requirements

 

  1. The agency is obliged to inform about the necessary health formalities for the trip and stay, as well as the conditions applicable to travelers regarding passports and visas, including the approximate time to obtain visas, and will be responsible for the accuracy of the information provided.
  2. The traveler must obtain the necessary documentation to undertake the trip, including passports, visas, and health formalities. Any damages that may arise from the lack of such documentation will be borne by the traveler, particularly the costs incurred from the interruption of the trip and their eventual repatriation.
  3. If the agency agrees to handle the necessary visas for any of the destinations included in the itinerary, it may charge for the cost of the visa as well as the handling fees for the procedures to be carried out before the corresponding diplomatic or consular representation. In this case, the agency will be liable for any damages attributable to it.

 

3. Reservation Request

 

  1. To formalize the reservation, the following steps must be followed:
    At the top of the selected tour, the available dates for the tour will be listed.
    By clicking on the RESERVE/INFO button, a series of fields to be filled out will appear. The interested traveler must fill out the contact details fields, accept the privacy policies, and submit the request.
    The traveler will receive a confirmation email at the provided email address, and a Moto Map Travel agent will contact them as soon as possible to provide all the information about the tour and answer any questions.
  2. If the agency has agreed to manage the reservation, it will be responsible for technical errors that occur in the reservation system that are attributable to it and for errors made during the reservation process.
  3. The agency will not be responsible for reservation errors attributable to the traveler or caused by unavoidable and extraordinary circumstances.

 

Reservation Confirmation

 

The package travel contract is concluded with the confirmation of the reservation. From that moment, the package travel contract is binding for both parties.

 

5. Payment Schedule

 

  1. At the time of reservation confirmation, the consumer must pay €500, unless a different amount is specified in the package travel contract.
  2. The remaining price must be paid no later than 30 days before departure, unless a different payment schedule is specified in the package travel contract.
  3. If the traveler does not comply with the payment schedule, the agency may terminate the contract and apply the rules established for trip cancellation by the traveler before the scheduled departure as per Clause 13.

 

b) Rules Applicable to the Package Travel Services

 

6. Services

 

The services included in the package travel contract result from the information provided to the consumer in the pre-contractual information and will not be modified unless the travel agency and the traveler expressly agree otherwise as provided in Clause

 

Prior to the start of the trip, the travel agency will provide the traveler with the necessary receipts, vouchers, and tickets for the provision of services.

 

7. Accommodation

 

Unless otherwise indicated in the pre-contractual information or in the specific conditions of the contract:

a) In countries where there is an official classification of hotel establishments or other types of accommodation, the brochure reflects the tourist classification granted in the respective country.

The room occupancy schedule depends on the rules established in each country and accommodation.

Triple or quadruple rooms or cabins are generally double rooms to which one or two beds are added, which are usually a sofa bed or a rollaway bed, except in certain establishments where, instead of additional beds, two larger beds are used.

 

8. Transport

 

  1. The traveler must arrive at the designated departure location with the advance notice specified by the travel agency.
  2. Any loss or damage related to hand luggage or other items carried by the traveler will be at the traveler's own risk and responsibility while under their custody.

 

9. Other Services

 

  1. As a general rule, full board includes continental breakfast, lunch, dinner, and accommodation. Half board, unless otherwise specified, includes continental breakfast, dinner, and accommodation. Generally, drinks are not included in these meals.
  2. Special diets (vegetarian or special dietary requirements) are only guaranteed if they are included in the special needs accepted by the organizer in the package travel contract.
  3. The presence of pets will only be accepted if it is included in the special needs accepted by the organizer in the package travel contract.

 

c) Rights and Obligations of the Parties Before the Start of the Trip

 

10. Modification of the Contract

 

  1. The organizing agency may only modify the contract clauses before the start of the trip if the change is insignificant and the organizing agency, or where applicable, the retail agency, informs the traveler of the change in a clear, comprehensible, and prominent manner on a durable medium.
  2. If before the start of the trip the organizing agency is forced to make substantial changes to any of the main characteristics of the travel services or cannot meet any special requirement of the traveler previously accepted, the organizing agency, or where applicable, the retail agency, will inform the traveler without delay, clearly, comprehensibly, and prominently on a durable medium. The communication must contain:
  • The proposed substantial changes and, if applicable, their impact on the price;
  • A reasonable period for the traveler to inform of their decision;
  • An indication that if the traveler does not communicate their decision within the indicated period, it will be understood that they reject the substantial modification and therefore choose to terminate the contract without any penalty; and
  • If the agency can offer it, the substitute package travel and its price.

    The traveler can choose to accept the proposed modification or terminate the contract without penalty. If the traveler opts to terminate the contract, they may accept a substitute package travel offered, if applicable, by the organizing agency or the retail agency.
    This substitute travel must be, if possible, of equivalent or superior quality.
    If the modification of the contract or the substitute travel results in lower quality or cost travel, the traveler is entitled to an appropriate price reduction. In case the traveler opts to terminate the contract without penalty or does not accept the offered substitute package travel, the organizing agency or, where applicable, the retail agency, will refund all payments made for the trip within no more than fourteen calendar days from the date of contract termination. For this purpose, the provisions in Clauses 22.2 to 22.6 will apply.

 

11. Price Review

 

  1. Prices may only be increased by the agency up to 20 calendar days before departure. Additionally, such an increase can only be made to adjust the price of the trip to variations in:
    The exchange rates applicable to the organized travel.
    The price of passenger transport resulting from fuel or other energy sources.
    The level of taxes or fees on the travel services included in the contract, imposed by third parties not directly involved in the execution of the package travel, including tourist taxes, landing fees, and embarkation or disembarkation fees at ports and airports.
  2. The contract will indicate the date on which the above-mentioned items have been calculated so that the traveler is aware of the reference for price revisions.
  3. The organizing agency or, where applicable, the retail agency will notify the traveler of the increase in a clear and comprehensible manner, justifying this increase and providing its calculation on a durable medium no later than 20 days before the start of the trip.
  4. Only if the price increase exceeds 8% of the trip price can the traveler terminate the contract without penalty. In such a case, the provisions in Clause 10 will apply.
  5. The traveler will be entitled to a price reduction for variations occurring in the items detailed in sections a), b), and c) of Clause 11.1. In such cases, the organizing agency and, where applicable, the retail agency, will deduct from the price reduction the actual administrative expenses of refunding the traveler.

 

 

12. Transfer of the Reservation

 

  1. The traveler may transfer their reservation to a person who meets all the conditions required in the brochure, program, or package travel offer and in the contract to undertake the package travel.
  2. The transfer must be communicated on a durable medium to the organizing agency or, where applicable, the retail agency, at least 7 calendar days before the travel start date. The agency may only charge the traveler for the costs actually incurred due to the transfer.
  3. In any case, the traveler and the person to whom the reservation has been transferred are jointly and severally liable to the agency for the payment of the remaining price, as well as any commission, surcharge, and other additional costs that the transfer may have caused.

 

13. Cancellation of the Trip by the Traveler Before Departure

 

  1. The traveler may cancel the contract at any time before the start of the trip. In such cases, the organizing agency or, where applicable, the retail agency, may require the traveler to pay an adequate and justifiable penalty. The contract may specify a reasonable penalty based on the advance notice of the contract cancellation relative to the trip's start date, the cost savings, and the expected revenue from the alternative use of travel services. If the contract does not provide for a specific penalty, the penalty for cancellation will equal the price of the package travel less the cost savings and revenue from the alternative use of travel services. In such cases, the organizing agency or, where applicable, the retail agency, will refund any payment made for the package travel, minus the corresponding penalty.
    Si en el contrato no se prevé una penalización tipo, el importe de la penalización por la resolución equivaldrá al precio del viaje combinado menos el ahorro de costes y los ingresos derivados de la utilización alternativa de los servicios de viaje.
    Por lo que en tales casos, la agencia organizadora o, en su caso, la agencia minorista, reembolsará cualquier pago que se hubiera realizado por el viaje combinado, menos la penalización correspondiente.
  2. However, if there are unavoidable and extraordinary circumstances at the destination or its immediate vicinity that significantly affect the execution of the trip or the transportation of passengers to the destination, the traveler may cancel the contract before it begins without any penalty and is entitled to a refund of all payments made for the trip.
  3. These refunds, or reimbursements, will be made to the traveler, deducting the corresponding penalty in the case of subsection 1 above, within no more than 14 calendar days after the termination of the package travel contract.

 

14. Cancellation of the Trip by the Organizer Before Departure

 

If the organizing agency cancels the contract for reasons not attributable to the traveler, it must refund all payments made by the traveler within no more than 14 calendar days from the termination of the contract. The organizing agency is not required to pay any additional compensation to the traveler if the cancellation is due to:

 

a) The number of persons enrolled for the package travel is less than the minimum number specified in the contract, and the organizing agency, or where applicable, the retail agency, notifies the traveler of the cancellation within the period specified in the contract, which must be at least:

    • 20 days before the start for trips lasting more than 6 days.
    • 7 days for trips lasting between 2 and 6 days.
    • 48 hours for trips lasting less than 2 days.

b) The organizer is unable to perform the contract due to unavoidable and extraordinary circumstances, and the cancellation is notified to the traveler without undue delay before the start of the package travel.

 

15. Withdrawal Before the Start of the Trip in Contracts Concluded Outside the Establishment

 

In the case of contracts concluded outside the establishment (understood as those defined in Article 92.2 of Royal Legislative Decree 1/2007), the traveler may withdraw from the contracted trip for any reason and without penalty, with the right to a refund of the price paid for the trip, within 14 days following the conclusion of the contract.

 

 

d) Rights and Obligations of the Parties After the Start of the Trip

 

 

16. Duty to Communicate Any Lack of Conformity of the Contract

 

If the traveler observes that any of the services included in the trip are not performed in accordance with the contract, the traveler must inform the organizing agency or, where applicable, the retail agency, without undue delay, taking into account the circumstances of the case.

Lack of conformity is understood as the non-performance or improper performance of the travel services included in a package travel contract.

 

Rectification of Any Lack of Conformity of the Contract and Non-Performance of a Significant Part of the Travel Services as Agreed in the Contract

 

  1. If any of the services included in the trip are not performed in accordance with the contract, the organizing agency and, where applicable, the retail agency, must rectify the lack of conformity unless it is impossible or would incur disproportionate costs, considering the seriousness of the lack of conformity and the value of the affected travel services. If the lack of conformity is not rectified, the provisions of Clause 22 will apply.
  2. If none of the above exceptions apply and a lack of conformity is not rectified within a reasonable period set by the traveler or the agency refuses to rectify it or requires immediate solution, the traveler may do so themselves and request reimbursement of the necessary expenses incurred.
  3. When a significant proportion of the travel services cannot be provided as agreed in the contract, the organizing agency or, where applicable, the retail agency, will offer suitable alternative arrangements at no additional cost for the continued normal course of the trip and, also, when the return of the traveler to the departure location is not as agreed.
    Such alternative arrangements must, where possible, be of equivalent or superior quality, and if they are of inferior quality, the organizing agency or, where applicable, the retail agency will apply an appropriate price reduction.
    The traveler may only reject the offered alternatives if they are not comparable to what was agreed in the package travel or if the price reduction is inadequate.
  4. When a lack of conformity substantially affects the execution of the trip and the organizing agency or, where applicable, the retail agency has not rectified it within a reasonable period set by the traveler, the traveler may terminate the contract without paying any penalty and, where applicable, request both a price reduction and compensation for damages, as provided in Clause 22.
  5. If it is not possible to find alternative travel arrangements or the traveler rejects them for not being comparable to what was agreed in the trip or because the offered price reduction is inadequate, the traveler will be entitled to both a price reduction and compensation for damages, without terminating the package travel contract, as provided in Clause 22.
  6. In the cases detailed in subsections 4 and 5 above, if the package travel includes passenger transport, the organizing agency and, where applicable, the retail agency, are also obligated to offer the traveler repatriation in an equivalent transport without undue delays and at no additional cost.

 

18. Impossibility of Ensuring Return as Provided in the Contract Due to Unavoidable and Extraordinary Circumstances

 

  1. If it is impossible to ensure the traveler's return as provided in the contract due to unavoidable and extraordinary circumstances, the organizing agency or, where applicable, the retail agency, will bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveler, unless a different period is stipulated in the European passenger rights regulations.
  2. The cost limitation established in the previous subsection will not apply to persons with disabilities or reduced mobility (as defined in Clause 1.2 above) or their companions, pregnant women, unaccompanied minors, or persons in need of specific medical assistance, provided their specific needs were communicated to the organizing agency or, where applicable, the retail agency, at least 48 hours before the trip's start.

 

19. Traveler's Duty to Cooperate for the Normal Development of the Trip

 

The traveler must follow the instructions provided by the organizing agency, the retail agency, or their local representatives for the proper execution of the trip, as well as the regulations generally applicable to users of the services included in the package travel. In particular, in group travel, the traveler must show due respect to other participants and behave in a manner that does not disrupt the normal course of the trip.

 

20. Agency's Duty to Assist

 

  1. The organizing agency and, where applicable, the retail agency, are obligated to provide adequate assistance without undue delay to travelers in difficulties, especially in the case of extraordinary and unavoidable circumstances.
  2. Specifically, such assistance should include:
    a) Providing appropriate information on health services, local authorities, and consular assistance; and
    b) Assisting the traveler in making distance communications and helping find alternative arrangements.
  3. If the difficulty was intentionally caused or due to negligence by the traveler, the organizing agency and, where applicable, the retail agency, may charge a reasonable fee for such assistance. This fee must not exceed the actual costs incurred by the agency.

 

 

e) Contractual Liability for Defective Performance or Non-Performance

 

 

21. Liability of Travel Agencies

 

  1. The organizing agency and the retail agency are liable to the traveler for the proper performance of the travel services included in the contract according to their respective management roles in the package travel, regardless of whether these services are to be performed by themselves or by other providers.
  2. Notwithstanding the above, the traveler may direct claims for non-performance or defective performance of the services included in the package travel to either the organizing agency or the retail agency, who are obligated to inform about the existing liability regime, process the claim directly or by referring it to the appropriate party based on the management role, and inform the traveler of its progress even if it is outside their management scope.
  3. Failure by the retail agency to handle the claim will mean that they will be jointly liable with the organizing agency to the traveler for the proper performance of the package travel obligations corresponding to the organizing travel agency according to their management role.
    Similarly, failure by the organizing agency to handle the claim will mean that they will be jointly liable with the retail agency to the traveler for the proper performance of the package travel obligations corresponding to the retail agency according to their management role. In these cases, it will be up to the retail agency or the organizing agency, as the case may be, to prove that they have acted diligently in handling the claim and, in any case, that they initiated handling it immediately upon receipt.
  4. The travel agency that is jointly liable to the traveler for the failure to handle the claim has the right of recourse against the organizing agency or the retail agency responsible for the non-performance or defective performance of the contract based on their respective management role in the package travel.
  5. When an organizing agency or a retail agency pays compensation, grants a price reduction, or fulfills other obligations imposed by this law, they may seek compensation from third parties who contributed to the event that gave rise to the compensation, price reduction, or fulfillment of other obligations.

 

22. Right to Price Reduction, Compensation, and Limitations

 

  1. The traveler shall be entitled to an appropriate price reduction for any period during which there was a lack of conformity.
  2. The traveler shall be entitled to receive appropriate compensation from the organizer or, where applicable, the retailer for any damage or loss suffered as a result of any lack of conformity of the contract.
  3. The traveler shall not be entitled to compensation for damages if the organizer or, where applicable, the retailer, proves that the lack of conformity is:
    a) Attributable to the traveler;
    b) Attributable to a third party unconnected with the provision of the contracted services and is unforeseeable or unavoidable; or,
    c) Due to unavoidable and extraordinary circumstances.
  4. When the provisions of the package travel contract are governed by international conventions, the limitations concerning the scope or conditions for paying compensation by the providers of the services included in the trip shall apply to the organizing agencies and retail agencies.
  5. When the provisions of the package travel contract are not governed by international conventions: (i) compensations that the agency may have to pay for bodily harm or damage caused intentionally or by negligence cannot be contractually limited; and (ii) other compensations that the agencies may have to pay shall be limited to three times the total price of the package travel.
  6. Compensation or price reduction granted under Royal Legislative Decree 1/2007 and that granted under the regulations and international conventions related in Article 165.5 of the same Royal Legislative Decree 1/2007 shall be deducted from each other to avoid overcompensation.

 

 

f) Claims and Actions Arising from the Contract

 

 

23. Applicable Law

 

This package travel contract is governed by the agreement between the parties and the provisions of these general conditions, the applicable and current regional regulations, as well as the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

 

24. Claims to the Agency

 

  1. Without prejudice to the legal actions available, the traveler may submit written claims for non-performance or poor performance of the contract to the retail agency and/or the organizing agency at the postal addresses and/or email addresses provided by the travel agencies for this purpose.
  2. The agency must respond in writing to the claims made within a maximum period of 30 days.

 

25. Alternative Dispute Resolution

 

  1. At any time, the consumer and the agency may seek mediation from the competent administration or from organizations established for this purpose to find a mutually satisfactory resolution to the conflict.
  2. The consumer may submit their claims to the competent Consumer Arbitration Board. The conflict may be subject to arbitration if the agency has previously agreed to the consumer arbitration system (in which case the agency will duly inform the consumer) or if the agency, despite not being a member, accepts the consumer's arbitration request.
    Claims involving intoxication, injury, death, or rational indications of a crime cannot be subject to consumer arbitration.
    In the event of consumer arbitration, the award issued by the arbitral tribunal appointed by the Consumer Arbitration Board shall definitively resolve the claim and be binding on both parties.
  3. If the organizing agency and/or, where applicable, the retail agency, are members of any alternative dispute resolution system or are required to do so by any rule or code of conduct, they will inform the traveler of this circumstance before formalizing the package travel contract.

 

26. Judicial Actions

 

  1. If the dispute is not subject to consumer arbitration, the traveler may pursue judicial action.
  2. Judicial actions arising from the package travel contract are subject to a two-year statute of limitations.