The prices in this catalogue or website, are valid with the exception of any possible typographic or printing errors.
The duration, itinerary, price, supplements, minimum group and services included in the tour will be provided through this channel of communication (catalogue or website). Due to the fact that this is published in advance and due to the limited space available, additional information and possible amendments (if there are any) will be provided in the specific information dossier for each tour, which will be delivered to the customer, and which, together with the general terms and conditions, act as a firm contract. For the interpretation, application or complaints relating to these, both the passenger and the organizing agency are expressly subject to the courts of Barcelona, with waiver of any other jurisdiction.
Applicable legislation
Subject matter not regulated under these general terms and conditions shall be governed by the travel company regulations contained in Catalan Decree 168/94 of the 30th of May, regulating travel companies.
Organization
The technical organization of the tours included in this programme is the responsibility of the accredited wholesale/retail agency Tarannà Club de Viatges, S.A., accreditation:-GC MD.90, Tax Identification Code: A-60.631.755, and registered office in Barcelona, calle Vallespir, 174, and Viajes Tembo 2000, S.L., with CICMA accreditation: 1577, Tax Identification Code: B-83960369 and with fiscal residence in calle Feijoo, nº 7, 28010 Madrid.
Contract Conditions
Booking of any of the tours included in this catalogue, implies full acceptance of these general terms and conditions, which are automatically considered to be incorporated into the contract, without being indicated in writing therein.
Registration
At the time of booking, 40% of the total amount of the tour must be paid and no places will be confirmed until this deposit is made. The remaining 60% must be paid at least 30 calendar days before the departure date of the tour, if this payment is not made, it will be considered that the customer has voluntarily withdrawn from the booking and this will incur cancellation charges. The percentage of the deposit needed to confirm the booking can vary according to the contract conditions of each provider, a smaller or larger amount may be required according to the conditions, this percentage will be communicated to the customer at the time of booking. If one person books for another/others, this person takes responsibility in his own name for all the content of these general terms and conditions.
Prices
The prices are based on rates and currency exchange based on the EURO. These prices are subject to possible changes in the event of increase in transport costs (including the cost of fuel) or of the duties and taxes relating to certain services (VAT). The prices may be revised up to 20 calendar days before the date set for the tour.
When the travel agency is obliged to amend the prices significantly and increase the price of the package tour for reasons other than those detailed in the preceding paragraph, the customer will be notified as soon as possible (in writing or by any method which enables the travel agency to confirm that this has been communicated), so that the customer may choose to accept the supplement or withdraw from the booking or from the contract (if this has been formalized).
Services included
These are specified for each tour and in the additional information provided. In the event of changes made to the tour before its start, the services included and not included will be covered in the information dossier. Any service not specified as being “included” will be considered to be “not included”.
Documentation
The agency will provide information on the official documentation and the health requirements needed to participate in the tour; however, both the formalization of the compulsory documents and completion of the health measures are the sole and exclusive responsibility of the customer. In those cases where the organizing agency is in charge of processing of visas, the price of this administration will be separate from the price of the visa and the price of the tour and lost or delayed documentation caused by the post office will not be the responsibility of the organizing agency.
Luggage
The organizing agency and the seller are not responsible for incidents relating to luggage and personal effects of their customers. The transport of luggage is at the traveller’s risk.
It is recommended that the customers are present whenever their luggage is being loaded or unloaded.
For air transport, the luggage allowed per traveller will be set by each airline company.
For land transport the luggage allowed per traveller will be 1 suitcase weighing no more than 18 Kgs.
In both cases the penalties or inconveniences which may be caused by exceeding the specified weight shall be the responsibility of the customer, not the organizing agency or its representative at the tour destination.
The organizing agency shall not be liable for the loss or wear that may be caused to luggage while it is being transported by porters or pack animals during treks or expeditions.
As for air, sea or river transport, the terms and conditions of the transporting companies apply; the passenger’s ticket is the only binding contract between these companies and the passenger. If there is a delay, loss or damage to luggage, it is recommended that the appropriate report should be made at the time (before leaving the airport or port) to the transport company.
Information to be submitted at departure
The passengers must reconfirm with this travel agency, within 48 hours prior to the planned departure, the following details: the meeting point, the date, the time and the flight number.
If this reconfirmation is not made, the agency accepts no responsibility for amendments to information provided earlier, (offers, cruises, cheap air fares, small groups…) and any cancellation costs will be those required by the respective providers.
Withdrawal by the customer.
If the customer withdraws from the tour, after formalization, at least, of the deposit required to consider the booking firm, the travel agency will have to be compensated for payments of administration costs (caused to the selling agency), the proven cancellation costs (caused to the organizing agency and to the tourism providers) and a penalty consisting of 5% of the total cost of the tour if the cancellation is made between 15 and 10 calendar days before the start date of the tour, of 15% if it is made between 10 and 3 calendar days, and of 25% if withdrawal is made in the 48 hours prior to the tour and of 100% if it is not made by the planned departure time.
The aforementioned penalties and compensations will not be applicable when the customer substitutes another person in his place as long as the service providing companies do not object to it and as long as the change is made more than 5 calendar days prior to the departure date. In this event, the agency will be compensated by 5% of the total cost of the tour plus the costs arising from making the substitution.
Change to the tour made by the organizer.
When the organizer is obliged to make significant changes to the essential elements of the package tour contract after it has been finalized and before the departure date of the tour, he must notify the customer in writing as soon as possible so that the customer may choose between withdrawing the booking or the contract, with the right to full reimbursement of the amount paid, or accepting the outcome of the changes made to the original tour.
In the event that the customer does not communicate his decision in writing in the three business days following the notification, it will be understood that he has chosen to terminate the booking or the contract.
Reasons which are considered sufficient to make changes to the tour are cases of force majeure (abnormal, unforeseeable circumstances) and if there is not the required number of people for the tour to be made. When these circumstances arise no compensation will be payable.
In the event that the customer chooses to terminate the contract in accordance with the previous paragraphs, or the organizing agency decides ultimately to cancel the tour, the consumer may choose between full reimbursement of the amount paid, or, if the organizing agency can offer it, another package tour of equivalent or superior quality. If the offered tour is of inferior quality, the organizing agency will reimburse the customer the difference in price.
If during the tour the organizing agency does not provide or is not able to provide an important part of the contracted services, it will adopt appropriate measures to continue the tour, at no extra cost to the customer, and, if appropriate, it will reimburse the customer the amount of the difference between what was planned and what was actually provided. In the event that the solutions are impractical or the customer does not agree to them for valid reasons, the organizer will provide a means of transport so that the customer may return to the point of departure and, where appropriate, compensate the customer. Any services not provided will be reimbursed at the end of the tour, following submission of the appropriate proof issued by the person or body responsible.
No refund will be made if the customer chooses voluntarily not to use services, whatever the reason is for this. In tours contracted with sailing or motor boats, the captain or skipper in charge, reserves the right to change or amend destinations, routes or time in port, according to the weather conditions, having first informed the customers, and ensuring their safety; the customer will not have the right to any complaint or compensation.
Contractual condition
The organizing agency may cancel those tours which are subject to a minimum number of participants if this number is not reached. Cancellation must be communicated to the customers who are booked on the tour at least 10 calendar days prior to the planned date of departure. In this case, the customer will have the right to be reimbursed the amounts paid for the tour, but he will not have the right to any compensation.
The organizing agency reserves the right to admit or exclude those persons who, according to their objective criteria, do not meet the necessary requirements to participate in the tour or who by their behaviour hinder the good progress of the tour and harmonious relations of the group.
Amendments to the itinerary and hotels during the tour.
The definitive itinerary detailed in the programme and in the fact sheet may be subject to amendments. The CUSTOMER expressly agrees to changes made in situ by the organizing agency to this itinerary for the successful development of the tour and for just cause. Any changes made are expressly accepted if they are due to weather conditions, unforeseen situations of the providers in the area or for reasons of limited local infrastructure as long as this does not entail a failure to provide any of the services included in the contracted package tour.
The CUSTOMER also accepts changes to hotels which arise in situ as long as the hotel used has a category or characteristics equal to or superior to the hotel set in the initial itinerary. In the event that the customers have to stay in hotels of an inferior quality to the hotel contracted, on their return the agency will reimburse the difference in price, if there is one.
Liabilities
The organizing agency is liable for the consequences arising from non-performance or substandard performance of the contract in proportion to their involvement in the management of the package tour.
However, it will be exempt from this liability if it has been caused by force majeure (abnormal and unforeseeable circumstances), by an event that neither the organizing agency nor the providers could have avoided or when the cause is attributable to the customer or to a third party.
The customer is obliged to communicate to the organizing agency, as soon as possible and in writing, any proven non-performance in the execution of the contract in situ.
In group tours, changes to the initial contract may be allowed as long as the alterations to the itinerary or the substitution of services are justified by weather circumstances, by situations unforeseen by the providers in the area or for reasons of limited local infrastructure. Any other amendments to the route have to be approved by the group and expressly agreed to by the agency.
Limitation of liability for overbooking, cancellation or long delay.
When the airline company cancels a flight or incurs a long delay, it will be responsible for providing due assistance and attention to the affected travellers, and will have to bear the costs of meals, calls, transport and overnight stays if applicable, under the provisions of regulation EEC261/04, which establishes the common regulations on compensation and assistance to airline passengers in the event of denied boarding and of cancellation or long delay in flights. In the event of flight cancellation it will also be obliged to pay appropriate compensation to the passenger, as well as reimbursing the price of the air ticket if the passenger chooses this option. If the cancellation is due to extraordinary circumstances which could not have been avoided even if reasonable measures had been taken, the airline responsible for making the flight will not be obliged to pay compensation but will be obliged to supply due assistance and attention to the affected passengers and reimburse them the price of the ticket if they choose this option.
When a lack of connecting flights, even due to timetable changes of the participating airline companies, obliges passengers to stay overnight or creates a long delay, the expenses arising from this event, both of lodging and meals and transport will be borne by the airline which has caused the overbooking, cancellation or delay, under the provisions of regulation EEC 261/01, which establishes common regulations on compensation and assistance to airline passengers in the event of denied boarding and of cancellation or long delay in flights.
“The CUSTOMER has been informed of the distinctive characteristics of the alternative tour which he is getting, particularly the weather conditions of the country of destination and of the limitations of the local professionals.
The definitive detailed itinerary in the fact sheet is of an indicative nature. The CUSTOMER expressly accepts changes in situ that the AGENCY may make to this itinerary due to weather conditions, unforeseen situations of the providers in the area or for reasons of limited local infrastructure as long as it does not entail a failure to provide any of the services included in the contracted package tour.
The CUSTOMER also accepts changes in hotels which arise in situ as long as the hotel used has a category or characteristics equal to or superior to the hotel set in the initial itinerary.
Validity
These clauses of general terms and conditions were drawn up on the 31st of January 2010 and are of indefinite duration.
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