General conditions


In the combined trips, unless the offer indicates that the trip has been organized by another travel agency, the organization of the combined trips published on this website has been carried out by JELOUU HOLIDAYS, with CIF A61901260, and registered office at Madrid, Calle Bravo Murillo # 2, CP 28015 It is registered in the Mercantile Registry of Barcelona Volume 31513, folio 110, General Section, Sheet B-192285 I 1, and has the corresponding administrative authorization (title-license number GCMD000862.) To Operate as a travel agency. The combined travel contract is governed by the agreement between the parties and by the provisions of these general conditions, by the provisions of the regional regulations in force at the place of conclusion of the contract and, failing these, by the provisions of the Royal Legislative Decree 1/2007 of November 16, approving the consolidated text of the General Law for the defense of consumers and users.

In the case of the sale of loose tourist services, these will be governed by what is established in their special regulations (if any), as well as by the general and special conditions of sale of each supplier.

The User declares that he is of legal age (that is, he is at least 18 years old) and has the necessary legal capacity to be bound by this agreement and to use this website in accordance with the General Conditions set forth herein. The User will be responsible for the economic consequences derived from any use of this Web site that is produced by their action of reservations of any type of service offered here.

The User also declares that all the information provided by him in the course of using it, is true, complete and accurate and undertakes to provide the information requested as essential in order to ensure the hiring of the tourist products concerned.

In the offers that allow the online payment of any service, 100% of the amount of the reservation will be charged at the time of its formalization. The purchase through this website will be made by credit card and at the moment we will send an email to your email account reconfirming your purchase, in 48 hours you will receive the status of your reservation or the necessary documentation for your trip.

 

GENERAL CONDITIONS OF THE COMBINED TRAVEL CONTRACT

 Combined trip hiring

1. Pre-contractual information

1. Before the traveler is bound by any combined travel contract or corresponding offer, the organizing agency or, where appropriate, the retail agency, will deliver to the traveler the standardized information form for the combined travel contracts, as well as the Other features and information of the trip in accordance with the provisions of current legislation.

2. People with reduced mobility who wish to receive accurate information on the suitability of the trip according to their special needs, in order to assess the possibility and feasibility of contracting the trip according to the characteristics of the trip, must inform the Organizing agency or, where appropriate, the retail agency, such situation so that information can be provided to that effect.

3. As established in Regulation EC 1107/2006, a person with reduced mobility is understood as any person whose mobility to participate in the trip is reduced due to physical disability (sensory or locomotive, permanent or temporary), disability or intellectual disability, or any other cause of disability, or by age, and whose situation requires adequate attention and adaptation to their particular needs of the service made available to other participants in the trip.

4. The pre-contractual information provided to the traveler pursuant to sections a), c), d), e) and g) of article 153.1 of Royal Legislative Decree 1/2007, shall be an integral part of the combined travel contract and shall not be modified unless The travel agency and the traveler expressly agree. The organizing agency and, where appropriate, the retail agency, before concluding the combined travel contract, will communicate to the traveler in a clear, understandable and prominent way, all changes in the pre-contractual information.

 

2. Information on provisions applicable to passports, visas and vaccines

1. The agency has the duty to report on the sanitary formalities necessary for the trip and stay, as well as on the conditions applicable to travelers in terms of passports and visas, including the approximate time for obtaining visas, and will be responsible for correcting the information you provide.

2. The traveler must obtain the necessary documentation to make the trip, including the passport and visas and the one referring to the sanitary formalities. All damages that may arise from the lack of such documentation will be on your account, and in particular, the expenses incurred for the interruption of the trip and its eventual repatriation.

3. If the agency accepts the order of the traveler to process the necessary visas for any of the destinations provided in the itinerary, it may require the payment of the cost of the visa as well as the management costs for the procedures that must be performed before the diplomatic representation or corresponding consular.

In this case, the agency will be liable for damages that are attributable to it.

 

3. Reservation request

1. The traveler who wishes to hire a combined trip makes a "reservation request". After that request, the retail agency or, where appropriate, the organizing agency, undertake to make the necessary steps to obtain the reservation confirmation.

2. If the traveler requests the elaboration of a proposal for a customized combined trip, the agency may demand payment of an amount for the preparation of the project. If the traveler accepts the combined travel offer prepared by the agency, the amount delivered will be charged to the price of the trip.

3. If the agency has agreed to manage the reservation, it will be responsible for the technical errors that occur in the reservation system that are attributable to it and for the mistakes made during the reservation process.

4. The agency will not be responsible for the reservation errors attributable to the traveler or that are caused by unavoidable and extraordinary circumstances.

 

4. Reservation confirmation

The perfection of the combined travel contract occurs with the confirmation of the reservation. From that moment the combined travel contract is mandatory for both parties. 

 

5. Payment calendar

1. At the time of confirmation of the reservation, the consumer must pay 25% of the price of the combined trip, unless a different amount is established in the combined travel contract.

2. Payment of the remaining price must be made no later than 30 days before departure, unless a different payment schedule is established in the combined 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 the resolution of the trip by the traveler before the departure provided in Clause 13.

Rules applicable to the benefits of the combined trip.

6. Benefits

The benefits that make up the combined 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 to it as provided in Clause 1.3.

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

 

7. Accommodation

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

a) In relation to those countries in which there is an official classification of hotel establishments or any other type of accommodation, the brochure includes the tourist classification granted in the corresponding country.

b) The hours of occupancy of the rooms depend on the rules established in each country and accommodation.

c) 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 folding bed, except in certain establishments where two larger beds are used instead of additional beds

 

8. Transportation

1. The traveler must show up at the place indicated for departure in advance indicated by the travel agency.

2. The loss or damage that occurs in relation to hand luggage or other objects that the traveler carries with them will be at their sole risk and expense while in the custody of the traveler.

3. On air travel, the presentation at the airport is recommended at least three hours in advance on the official departure time, and in any case the specific recommendations indicated in the travel documentation provided when signing the contract will be followed .

 

9. Other services

1. As a general rule, the full board includes continental breakfast, lunch, dinner and accommodation. Half-board, unless otherwise indicated, includes continental breakfast, dinner and accommodation. As a general rule, such meals do not include drinks.

2. Special diets (vegetarian or special regimes) are only guaranteed if they appear in the special needs accepted by the organizer in the combined travel contract.

3. The presence of pets will only be accepted if so stated in the special needs accepted by the organizer in the combined travel contract.

 

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 clauses of the contract before the start of the trip if the change is insignificant and the organizing agency itself or, where appropriate, the retail agency, informs the traveler of said change in durable support clearly, Understandable and outstanding.

2. If, before the start of the trip, the organizing agency is obliged to make substantial changes to any of the main characteristics of the travel services or cannot meet any special requirement of the previously accepted traveler, the organizing agency or, where appropriate , the retail agency will inform the traveler without delay, clearly, understandably and prominently, in durable support and the communication must contain:

• The proposed substantial modifications and, if applicable, their impact on the price;

• A reasonable period for the traveler to report his decision;

• The indication that if the traveler does not communicate the decision within the indicated period, it will be understood that he rejects the substantial modification and, therefore, chooses to terminate the contract without penalty; Y

• If the agency can offer it, the combined substitute trip offered and its price.

The traveler may choose to accept the proposed modification or terminate the contract without penalty. If the traveler chooses to terminate the contract, he may accept a combined substitute trip offered by the organizing agency or the retail agency. Said substitute trip must, if possible, be of equivalent or superior quality.

If the modification of the contract or the substitute trip results in a trip of lower quality or cost, the traveler is entitled to an adequate price reduction.

In the event that the traveler chooses to terminate the contract without penalty or does not accept the combined substitute travel offered, the organizing agency or, where appropriate, the retail agency, will reimburse all payments made for the trip, within a period not exceeding fourteen calendar days from the date of termination of the contract. For these purposes, the provisions of paragraphs 2 to 6 of Clause 22 shall apply. 

 

11. Price review

1. Prices may only be increased by the agency until 20 calendar days prior to departure. In addition, this increase can only be carried out to adjust the amount of the trip price to the variations:

a) Of the currency exchange rates applicable to the organized trip.

b) The price of passenger transport derived from fuel or other forms of energy.

c) The level of taxes or fees on travel services included in the contract, required by third parties that are not directly involved in the execution of the combined trip, including tourist taxes, taxes and surcharges, landing and boarding or disembarking in ports and airports.

2. The contract shall indicate the date on which the concepts set forth in the previous section have been calculated so that the traveler has knowledge of the reference to calculate the price revisions.

3. The organizing agency or, where appropriate, the retail agency will notify the increase to the traveler, in a clear and understandable way, with a justification of this increase and will provide its calculation in durable support no later than 20 days before the start of the trip .

4. Only in the event that the price increase implies an increase of more than 8% of the price of the trip, the traveler may terminate the contract without penalty. In that case, the provisions of Clause 10 shall apply.

5. The traveler will be entitled to a reduction in the price of the trip due to variations produced in the concepts detailed in sections a), b) and c) of Clause 11.1. In such cases, the organizing agency and, where appropriate, the retail agency, from said price reduction will deduct the actual administrative expenses of reimbursement to the traveler.

 

12. Transfer of the reservation

1. The traveler may transfer his or her reservation to a person who meets all the required conditions, in the booklet, program or package offer and in the contract, to make the trip combined.

2. The transfer must be communicated, in durable support, to the organizing agency or, where appropriate, to the retail agency, with a minimum of 7 calendar days before the start date of the trip, which may only be passed on to the traveler the costs actually borne because of the assignment.

3. In any case, the traveler and the person to whom the reservation has been assigned respond jointly and severally to the agency for the payment of the rest of the price, as well as any commission, surcharge and other additional costs that the transfer could have caused.

 

13. Resolution of the trip by the traveler before departure of the trip

1. The traveler may terminate the contract at any time prior to the start of the trip and in such case, the organizing agency or, where appropriate, the retail agency, may require you to pay a penalty that is adequate and justifiable. In the contract, a reasonable penalty may be specified based on the anticipation of the termination of the contract with respect to the commencement of the trip and the cost savings and revenues expected from the alternative use of travel services.

If a standard penalty is not provided in the contract, the amount of the penalty for the resolution will be equivalent to the price of the combined trip less the cost savings and the income derived from the alternative use of the travel services.

So in such cases, the organizing agency or, where appropriate, the retail agency, will reimburse any payment made for the combined trip, less the corresponding penalty.

2. However, if unavoidable and extraordinary circumstances occur at the destination or in the immediate vicinity that significantly affect the execution of the trip or the transport of passengers to the destination, the traveler may terminate the contract before its start without penalty and entitled to reimbursement of all payments on account of the trip that he had made.

3. Such refunds or refunds will be made to the traveler, discounting the corresponding penalty in the case of section 1 above, within a period not exceeding 14 calendar days after the termination of the combined travel contract.

 

14. Trip cancellation by the organizer before departure of the trip

If the organizing agency or, where appropriate, the retail agency, cancel the contract for reasons not attributable to the traveler, they must reimburse all payments made by the traveler within a period not exceeding 14 calendar days from the termination of the contract. The agency will not be responsible for paying any additional compensation to the traveler if the cancellation is due to:

a) The number of people registered for the combined trip is less than the minimum number specified in the contract and the organizing agency, or where appropriate, the retail agency, notifies the traveler of the cancellation within the period established in the contract, that more It will take:

• 20 days before the start in case of trips longer than 6 days.

• 7 days on trips between 2 and 6 days.

• 48 hours on trips of less than 2 days.

b) The organizer is unable to execute the contract due to unavoidable and extraordinary circumstances and cancellation is notified to the traveler without undue delay before the start of the combined trip.

 

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 trip contracted for any cause and without penalty, with the right to refund the price paid in Travel concept, within 14 days of the conclusion of the contract.

 

Rights and obligations of the parties after the start of the trip

16. Duty of communication any lack of conformity of the contract

If the traveler observes that any of the services included in the trip is not executed in accordance with the contract, the traveler must report the lack of conformity to the organizing agency or, where appropriate, to the retail agency without undue delay, having Consider the circumstances of the case.

 

17. Remediation of any lack of conformity of the contract and non-provision, as agreed in the contract, of a significant part of the travel services

1. If any of the services included in the trip is not executed in accordance with the contract, the organizing agency and, where appropriate, the retail agency, must correct the lack of conformity, unless it is impossible or has a disproportionate cost, taking into account the seriousness of the lack of conformity and the value of the affected travel services. If the lack of conformity is not remedied, the provisions of Clause 22 shall apply.

2. If none of the above exceptions concur and a lack of conformity is not remedied within a reasonable period established by the traveler or the agency refuses to correct it or requires an immediate solution, the traveler may do so and request reimbursement of the necessary expenses for this purpose.

3. When a significant proportion of the travel services cannot be provided as agreed in the contract, the organizing agency or, where appropriate, the retail agency, will offer at no additional cost appropriate alternative formulas for the normal continuation of the trip and, also , when the return of the traveler to the place of departure is not carried out as agreed.

Such alternative formulas, if possible, should be of equivalent or superior quality and if they were of inferior quality, the organizing agency or, where appropriate, the retail agency will apply an appropriate price reduction.

The traveler may only reject the alternatives offered if they are not comparable to what was agreed on the combined trip 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 appropriate, the retail agency has not remedied it within a reasonable period established by the traveler, the traveler may terminate the contract without paying any penalty and request, where appropriate, both a price reduction and compensation for the damages caused, in accordance with the provisions of Clause 22.

5. If it is not possible to find alternative travel formulas or the traveler refuses because they are not comparable to what was agreed on the trip or because the price reduction offered is inadequate, the traveler will be entitled to both a price reduction and compensation for damages, without terminating the combined travel contract, in accordance with the provisions of Clause 22.

6. In the cases detailed in sections 4 and 5 above, if the combined trip includes passenger transport, the organizing agency and, where appropriate, the retail agency, will also be obliged to offer repatriation to the traveler in an equivalent transport No undue delay and no additional cost.

 

18. Impossibility of guaranteeing return as provided in the contract due to unavoidable and extraordinary circumstances

1. If it is impossible to guarantee the return of the traveler as provided in the contract due to unavoidable and extraordinary circumstances, the organizing agency or, where appropriate, the retail agency, will assume the cost of accommodation that is necessary, if possible of category equivalent, for a period not exceeding three nights per traveler, unless a different period is established in European passenger rights regulations.

2. The cost limitation set forth in the previous section shall not apply to persons with disabilities or reduced mobility (as defined in Clause 1.2 above) or to their companions, pregnant women, unaccompanied minors, nor to people in need of specific medical assistance, if their particular needs have been participated to the organizing agency or, where appropriate, to the retail agency, at least 48 hours before the start of the trip.

 

19. Duty of collaboration of the traveler to the normal development of the trip

The traveler must follow the instructions provided by the organizing agency, the retailer or their local representatives for the proper execution of the trip, as well as the regulations that are generally applicable to the users of the services included in the combined trip. In particular, in group trips you will keep due respect to the other participants and observe a behavior that does not harm the normal development of the trip.

 

 20. Duty of agency assistance

1. The organizing agency and, where appropriate, the retail agency, are obliged to provide adequate assistance without undue delay to the traveler in difficulties, especially in the case of extraordinary and unavoidable circumstances.

2. Specifically, such assistance must consist of:

a) Provision of adequate information on health services, local authorities and consular assistance; Y

b) Assistance to the traveler to establish remote communications and help to find alternative formulas.

3. If the difficulty arose intentionally or through negligence of the traveler, the organizing agency and, where appropriate, the retail agency, may invoice a reasonable surcharge for such assistance to the traveler. This surcharge may not exceed the actual costs incurred by the agency.

 

Contractual liability for defective compliance or non-compliance

21. Responsibility of travel agencies.

1. The organizing agency and the retail agency shall respond jointly and severally to the traveler for the correct fulfillment of the combined travel contract.

Whoever responds to the traveler will have the right of repetition against the operator to whom the breach or defective fulfillment of the contract is attributable depending on their respective area of management of the combined trip.

2. The organizing agency and the retail agency will respond to the traveler whether they perform the services included in the combined trip themselves or if they are carried out by their auxiliaries or other service providers.

 

 22. Right to price reduction, compensation and limitations

1. The traveler will have the right to a suitable price reduction for any period during which there has been a lack of conformity.

2. The traveler will have the right to receive adequate compensation from the organizer or, where appropriate, from the retailer for any damage or loss suffered as a result of any lack of conformity of the contract.

3. The traveler will not be entitled to compensation for damages if the organizer or, where appropriate, the retailer, demonstrate that the lack of conformity is:

a) Taxable to the traveler;

b) Taxable to a third party outside the provision of the contracted services and unpredictable or unavoidable; or,

c) Due to inevitable and extraordinary circumstances.

4. When the benefits of the combined travel contract are governed by international agreements, the limitations on the scope or conditions of payment of compensation by the service providers included in the trip shall apply to the organizing agencies and retail agencies.

5. When the benefits of the combined travel contract are not governed by international agreements: (i) the indemnities that may correspond to pay the agency for bodily harm or for damages caused intentionally or through negligence may not be contractually limited ; and (ii) the rest of the compensation that the agencies may have to pay will be limited to three times the total price of the combined trip.

6. Compensation or price reduction granted under Royal Legislative Decree 1/2007 and granted under international regulations and conventions related to article 165.5 of the same Royal Legislative Decree 1/2007, shall be deducted from each other to in order to avoid excess compensation.

 

Claims and actions derived from the contract

23. Applicable Law

This combined travel contract is governed by the agreement between the parties and by the provisions of these general conditions, in the current and applicable regional regulations, as well as by the provisions of Royal Legislative Decree 1/2007, of November 16 by the that the consolidated text of the General Law for the defense of consumers and users and other complementary laws is approved.

 

24. Agency claims

1. Without prejudice to the legal actions that assist it, the traveler may make written claims for non-execution or poor execution of the contract with the retail agency and / or the retail organizing agency and / or organizer to the postal addresses and / or email addresses informed by travel agencies for this purpose.

2. Within a maximum period of 30 days, the agency must answer in writing the claims made.

25. Alternative conflict resolution

1. At any time, the consumer and the agency may seek the mediation of the competent administration or of the bodies that are constituted for this purpose to find for themselves a solution of the conflict that is satisfactory for both parties.

2. The consumer may direct their claims to the Consumer Arbitration Board that is competent. The conflict may be submitted to arbitration if the claimed agency had previously adhered to the consumer arbitration system (in which case the agency will duly notify the consumer) or, if the agency despite not being adhering accepts the consumer's request for arbitration .

Claims in which poisoning, injury, death or rational evidence of crime cannot be subject to consumer arbitration.

In the event of a consumer arbitration, the award issued by the arbitral tribunal appointed by the Consumer Arbitration Board shall resolve the claim presented definitively and shall be binding on both parties.

3. If the organizing agency and / or, where appropriate, the retail agency, are adhered to any alternative dispute resolution system or are obliged to do so by some rule or code of conduct, they will inform the traveler of such circumstance before the formalization of the combined travel contract.

 

26. Legal actions

1. If the dispute is not subject to consumer arbitration, the traveler may claim in court.

2. The legal actions derived from the combined travel contract prescribe for the term of two years.