Terms and conditions
The following information, regulations and conditions (set referred to as legal disclaimer) aims at standardizing in whatever is applicable the use of the website that BESTOURS S. A. (hereafter referred to as BESTOURS) makes available to the public, as well as at complying with the relevant legal obligations.
BESTOURS is a wholesale and retail travel agency. The aim of its website is to offer our travel proposals via the Internet so that users can choose whichever is more suitable to their needs, whether individual travel services (flights, trains, rental cars, hotels) or combined holiday packages, both from our own product offer or from other wholesale agencies.
VERY IMPORTANT Some of the services offered in the BESTOURS’ sites, available to the Internet users, may be subject to specific conditions and instructions that, as the case may be, substitute, complement and/or modify this Legal Disclaimer and that need to be accepted by the user before the provision of such service comes into effect. This applies, particularly, when the user makes reservations or hire products or services, in which case the regulations to be applied are those contained in the general conditions for travel contract (referred to as GENERAL CONTRACTING CONDITIONS at the end of this LEGAL DISCLAIMER.)
GENERAL INFORMATION (COMPANY INFORMATION AND CONTACT)
Complying with the art. 10 of the Law 34/2002 of July 11th, of services in the information society and e-commerce, you must be advised that BESTOURS S. A., located in Barcelona, 08009, Consell de Cent, 334-336, with NIF number A58432469, is inscribed as a travel agency GC-15MD in the Business Register of Barcelona, volume 8614, book 7859, 2nd section, fol. 001, page 100440, 1st inscription.
You can find us in our office, at firstname.lastname@example.org, or at telephone number 93 496 74 00.
A USER is anybody who accesses and uses any of the BESTOURS sites. For the use and access to the several BESTOURS sites, the USER accepts the General Terms and Conditions of the BESTOURS sites as presented below.
The User of the BESTOURS sites must read carefully this Legal Disclaimer every time s/he wants to make use of them, since the former sites and the terms and conditions listed here may have been modified.
TERMS AND CONDITIONS OF THE BESTOURS WEBSITE
The BESTOURS website provides access to diverse contents (services, information, data, etc.) The USER is liable for his/her use of the BESTOURS site. It is the user’s responsibility and commitment to make proper use of the contents and services that BESTOURS S. A. offers in its site. The user is specially obliged not to use them in actions that may:
- Result in illicit or illegal activities according to Spanish laws and regulations.
- Violate Spanish and International legislations regarding intellectual and industrial property.
- Spread contents or propaganda that is racist, xenophobic, pornographic, apology of terrorism or contrary to Human Rights.
- Damage in any way the computer systems of BESTOURS S. A., or those of its suppliers or of third parties.
- Introduce or spread on the net malware, computer viruses or other physical and logical systems whatsoever that may provoke damage as mentioned in the previous point.
- Try to access or use other users’ accounts and change or manipulate their messages.
AGE OF USERS
The BESTOURS sites do not include any content that is offensive or unsuitable for minors. However, you must not use them if you are under 14. It is recommended, if possible, to use them under the tutelage of a legal responsible or of an adult. Any children less than 14 years old should not provide any personal data to BESTOURS, neither his/her own nor of his/her family members.
Complying with the legislation in force, BESTOURS prohibits the hiring or booking of products by children under age 18 or disabled legal.
RESPONSIBILITIES OF THE USER AND OF BESTOURS
The user is the sole responsible for any infraction s/he may incur or of any damage that may be caused by his/her improper use of the BESTOURS site, being BESTOURS S.A. exonerated from any kind of liability that might result from the user’s actions.
BESTOURS will employ every reasonable effort and all necessary means to facilitate its task and provide the desired service. However, BESTOURS does not guarantee the absence of errors or possible inaccuracies and omissions in the public contents that are different to the booking and service contracting accessible on the BESTOURS sites. Notwithstanding the above said, BESTOURS checks the published information using technology and qualified personnel. Nevertheless, it may contain inaccuracies, misprints or any kind of error. Accordingly, BESTOURS does not guarantee the accuracy or reliability of the information or the content of the BESTOURS sites.
Services offered via the Internet depend on numerous systems, technologies and elements that are not under BESTOURS’ control or responsibility. Therefore BESTOURS S.A. is not liable for damages of any nature that may result from the unavailability or continuous proper functioning of the BESTOURS sites. Also, BESTOURS is not responsible for failures or damages, direct or indirect, which may be caused to the user’s computer system or the files stored in it as a result of viruses or any other malware that may be hosted in the site.
With respect to the above, BESTOURS encourages the USER to make use of security tools in his/her computers (antivirus, passwords, encryption of sensitive information, firewalls, screensavers, etc.) in order to avoid, when possible, damages caused by malicious software and/or illegal activities of third parties.
Register is required in order to access some of the services provided. The custody of the USER’s password is the USER’s entire responsibility in order to prevent identity theft in those BESTOURS sites s/he may access as a registered user.
Likewise, the user declares that all personal information provided by him/her for the access to the BESTOURS sites, and during their use thereof, is true, complete and accurate, and agrees to keep it up to date in his/her possible subsequent uses of the services offered.
This website includes links that allow the user to access other websites that are external to the BESTOURS sites. If the user makes use of these links, s/he must be advised that BESTOURS S.A. has no control over such sites and their content.
BESTOURS S.A. takes no responsibility whatsoever for the contents of any link belonging to an external website, nor guarantee the technical availability, quality, reliability, accuracy, width, truthfulness, validity and legality of any materials or information contained in any such hyperlinks or in other Internet sites.
If the user comes into knowledge that any link refers to websites offering contents or services that are unlawful, noxious, degrading, violent or immoral, please contact BESTOURS S.A. and let us know so we can proceed to delete the link.
Any activity performed on sites not owned by BESTOURS S.A. is regulated by their own terms and conditions, so we recommend that, prior to their use, users learn about them in the legal disclaimer or similar sections on the sites outside the direct control of BESTOURS.
GENERAL CONDITIONS OF THE PACKAGE TRAVEL CONTRACT
a) CONTRACTING OF A PACKAGE TRAVEL.
1. Booking request.
- A client who wants to contract a package travel must make a booking request. After the request, either the retailer or the organizer company undertakes to make all necessary arrangements in order to obtain the booking confirmation according to the available number of places and the period that has been requested.
- At the time of the booking request, the agent may ask the client to pay a deposit equivalent but not superior to the 20% of the cost of the requested reservation. If the booking is finally confirmed, such amount will be counted as part of the price of the trip. If the client withdraws his/her request before the booking has been confirmed, the agency will refund this deposit, after deducing whatever management expenses are deemed reasonable, if any.
- If the client requests a tailor-made package travel, the agency may require the payment of a determined amount in order to produce the project. If the client accepts the agency’s package travel proposal, and the agency can confirm whatever services are included, such amount will be counted as part of the price of the trip. If the agency cannot confirm such services, it will refund to the client any amount s/he has already paid.
- In any of the above mentioned cases, if the agency cannot provide the requested travel and it offers the client a similar or a different trip, it is understood that the offer remains in force for 24 hours, unless it is otherwise noted. If such be the case, the contract is concluded when the client accepts the proposal within that period or within any other period that has been expressly established.
2. Persons with reduced mobility
Before the booking request, persons with reduced mobility must inform the retailer agency of such condition, in order to assess the possibility and feasibility of contracting the trip on the basis of its specific features.
According to Regulation CE 1107/2006, a person with reduced mobility is a person whose mobility to participate in the trip is reduced on grounds of a physical disability (sensory or locomotive, permanent or temporary), intellectual disability or impairment, or any other reason of disability, also age-related, and whose situation requires an appropriate assistance and the adaptation to their particular needs of whatever service that is also at the disposal of the rest of travelers.
3. Booking confirmation.
The contract is perfected upon the booking confirmation. From that moment on, the package travel contract is binding for both parties.
- On the perfection of the contract, the client must pay the 40% of the price of the package travel or, where appropriate, attain such amount by adding up to whatever payment s/he may have already satisfied as a deposit. If the client does not make this payment, the agency will require him/her to make it in a reasonably short period of time.
- The rest of the price will be paid when the agency offers to the client the tickets, the travel vouchers or whichever other essential document for the proper realization of the services included in the package travel. If the client does not make such payment, the agency will require him/her to make it in a fixed period. If the agency does not fix any deadline, it is understood that the payment must be made no later than 7 days before departure.
- The agency may terminate the contract and apply the rules of the client’s withdrawal before the departure if the client does not make any of the expected payments as established above.
b) RULES APPLICABLE TO THE PACKAGE TRAVEL SERVICES.
- Services included in the package travel contract result from the information provided to the client in the brochure or program, as well as from the indications concerning this information provided to the client when upon confirmation of the reservation.
- However, the organizer agency reserves the possibility of modifying the information provided by the brochure before the perfection of the contract. To that effect, it is necessary that these modifications have been communicated to the client in written form in order to be valid.
Unless otherwise mentioned in the brochure or provided in particular conditions:
- a) In relation to those countries where hotels or any other accommodations are officially classified, the brochure contains the tourist classification given in such countries. Where there is no official classification, the category indicated in the brochure is but an estimation. In any case, the agency must look out for the closest correspondence between the category it has lent to the accommodation and the reasonable expectations it may raise in a Spanish guest.
- b) Check-in time depends on the rules established in each country. Generally, guests can enter the room from 2 pm of the day of arrival and must check out before 12 pm of departure day, regardless of the expected time of arrival to the hotel or of the time expected for the resumption of the trip.
- c) The triple or quadruple rooms or cabins are generally double rooms where one or two beds have been added, usually sofa-beds or folding beds, except in some establishments where two larger beds are used, instead of additional beds.
1.The client must be at the place designated for departure with enough time in advance as advised by the agency or, otherwise, by the leaflet. In air transportation the minimum anticipation is generally one hour and a half ahead the scheduled time of departure.
- If the client cannot finally travel because s/he did not appear with the necessary time in advance, the procedure provided in section 15 for no show will be applied, or otherwise the one provided in section 13 for the client’s withdrawal.
3.Loss or damage of hand luggage or whatever object that the client carries with him/her and that is under his/her care is of his/her exclusive responsibility.
8. Other services.
- Generally, full board accommodation includes continental breakfast, lunch, dinner and accommodation. The half-board, unless otherwise indicated, includes continental breakfast, dinner and accommodation. In general, these meals do not include drinks.
- Special diets (vegetarian or special diets) are guaranteed only if the parties have previously agreed upon them in particular conditions.
c) RIGHTS OF THE PARTIES BEFORE THE START OF THE TRIP
9. Modification of the contract.
- If at any time before the departure, the client requests any change related to destinations, means of transportation, duration, calendar, travel route or any other end related to services and the agency can fulfill these requests, the latter party may require the payment of whichever additional justified costs caused by such modification as well as of a service fee for the modification of the booking which cannot exceed the 3% of the price of the travel.
- Before the departure, the agency can only make those changes that are necessary for the successful execution of the package travel and that are not significant. Necessary changes are deemed significant when they do not allow the execution of the trip according to its general and special features.
- In the event that the agency is constrained to introduce significant modifications, they shall immediately be communicated to the client. The client will be entitled to either accept the modification of the contract where alterations are specified and its effect upon the final price, or to terminate the contract. The client must communicate his/her decision to the agency within three days after the modification is notified. If the client does not communicate his/her decision within this period of time, it is understood that s/he opts for the termination of the contract.
10. Revision of the price.
- The agency can only revise the price, both upwards or downwards, provided such revision takes place before the 20 days prior to departure and it is not significant; that is, that it does not exceed the 15% of the price of the travel. Furthermore, such revision can only be carried out to adjust the price to the following variations:
- a) The exchange rates applied to the package travel.
- b) Expenses for transportations comprised in the trip, including the cost of fuel.
- c) Taxes or fees applicable to certain services, such as airport taxes, embarkation, disembarkation and the like, included in the price.
- The amended price is determined taking as a reference the exchange rate of the country of destination and the prices, fees and taxes that were applicable on the date of issue of the brochure.
In the case of routes including two or more countries, the exchange rate used as a reference is the US Dollar on the same date.
- If the modification of the price represents an increase of more than 15% of the price of the travel, the agency shall immediately inform the client, who will be entitled to terminate the contract.
The client must communicate his/her decision to the agency within three days after the modification is notified. If the client does not communicate his/her decision within this period of time, it is understood that s/he opts for the termination of the contract.
11. Client rights in the event of withdrawal from the contract
- In the event that the client, in accordance with the previous paragraphs, withdraws from the contract, s/he can choose between:
- a) Refund before 14 calendar days of all amounts s/he has paid, or
- b) If the agency can offer it, to take a substitute package travel of equivalent or higher quality. If the proposed trip is of higher quality, the agency cannot require any additional payment. S/he can also accept a trip of lower quality, but if this be the case the agency shall refund the difference to the client.
- In both cases, the client is entitled to claim the compensation for the cancellation of the trip established in Section 14 below and in the same terms.
12. Transfer of the booking
- The client may transfer his/her booking to a person who meets all the conditions set forth in the brochure and in the package travel contract.
- The transfer must be communicated by any means to the agency and it will be free if it receives the communication no later than fifteen days ahead the departure date. If it takes place after this term and the agency can accept it, it can require a service fee not superior to 3% of the total price of the trip.
- In any case, client and the transferee of the package shall respond jointly to the agency for the payment of the balance due and for any justified additional costs resulting from the transfer.
13.Client’s right of withdrawal
1.The client has the right to withdraw from the travel contract at any time before departure. However, if such withdrawal happens within the last 15 days prior to it, s/he will have to pay a contractual penalty escalated as follows, depending upon the time ahead for departure:
a)5% of the total price of the travel for cancellations more than 10 and less than 15 days in advance.
- b) 15% of the total price of the travel for cancellations between 10 and 3 days in advance. c) 25% of the total price of the travel for cancellations within the last 48 hours prior to departure.
2.The client remains exempt of such penalty if the withdrawal happens for reasons of force majeure. To this purpose, it is understood as force majeure the event of death, accident or serious illness of the client or of some of the people living with him or her, or any such similar assumption that prevents him/her from taking part in the trip.
3.In all cases the client is obliged to satisfy the payment of whatever costs of management and cancellation his/her withdrawal may incur.
4.Withdrawal is in effect from the time in which the costumer’s will to withdraw from the contract is known by the agency.
5.Given the client’s withdrawal, the agency will refund him/her the amounts s/he may have paid within one month time maximum, after costs of management, penalties and, if they apply, justified cancellation have been deduced.
6.If the combined travel package was subject to any special economic contractual conditions, such as airplane or ship charter, special rates or the like, the costs of management, cancellation and penalties will be those specified to that purpose in the travel leaflet, or those particularly agreed upon in the contract.
14. Cancellation of the contract by the organizer
- The cancellation of the trip by any cause not attributable to the client entitles him/her to withdraw from the contract with the rights provided in Section 11 above.
- If the cancellation of the package travel is notified within the two months prior to departure, the agency shall pay to the client a compensation depending on the time ahead for departure. Such compensation shall be at least of:
- a) 5% of the price of the package travel if it takes place more than 15 days and less than 2 months prior to departure.
- b) 10% of the price of the package travel if it takes place between 15 and 3 days prior to departure.
- c) 25% of the price of the package travel, if it takes place within the 48 hours prior to departure.
- There is no obligation of compensation in the following scenarios:
- a) If the cancellation is produced on the grounds that the number of persons enrolled for the trip is lower than the minimum required in the brochure or in the package travel contract.
In such case, the agency shall notify the cancellation in writing to the client before the deadline established to that effect in the brochure or in the contract.
In the absence of a deadline, the agency shall notify the cancellation at least 10 days prior to departure.
- b) When the cancellation is due to a cause of force majeure. It is considered a force majeure cause the unusual and unforeseeable circumstances, beyond of the control of the agency, the consequences of which could not have been avoided even if all due care had been exercised.
15. No show on departure
- A client shall be considered “no show” when s/he does not notify to the agency his/her will not to take the package travel and s/he does not appear expected time and place for departure.
In such case, s/he loses the right of refund of the amounts previously paid and s/he is still obliged to pay the amounts pending of payment.
- However, if the no show is due to a cause of force majeure, the client shall have the right to the reimbursement of the amounts previously paid, after service fees and cancellation expenses have been deduced.
To this purpose, it is understood as force majeure the event of death, accident or serious illness of the client or of some of the people living with him or her, or any such similar assumption that prevents him/her from taking part in the trip and inform the agency of such impossibility before departure.
d) RIGHTS AND DUTIES OF THE PARTIES AFTER THE TRIP HAS STARTED
16. Breach of the contract or lack of rendering of services
- When the client verifies, during the package travel, that there is a defect or that there is a lack of rendering of any of the contracted services, s/he shall notify it in the same place and as soon as possible to the organizer or to the retailer and, when applicable, to the service supplier in question. Such communication shall be in writing or by any means allowing its record. After receiving such communication, the retailer or the organizer shall be diligent in order to find suitable solutions.
2.If such communication happens in the appropriate time and manner, its confirmation document will free the costumer from further evidence requests on the existence of the defect, except when the organizer, the retailer or the supplier of the service have verified in the presence of the client that the defect does not exist or that it does not coincide with the features that have been communicated and so it is stated.
3.If the communication does not happen in the appropriate time and manner, the costumer will have to prove the alleged defects according to the general evidence criteria, and s/he will be responsible for any damage produced or aggravated as a result of his/her lack of communication.
17. Impossibility of rendering an important part of the services by the organizer
- The agency shall provide appropriate solutions for the continuation of the package when, after departure, a significant part of the contracted services is not provided or if it perceives that it will be unable to procure a significant proportion of the services that are expected,
An important part of the expected services is that whose lack thereof prevents the normal development of the package travel and which makes unreasonable to expect that the average client of this kind of travel shall go on with it in such circumstances.
- The agency shall not be entitled to require any extra fee from the client for the solutions adopted for the continuation of the trip and, where appropriate, shall have to compensate the client for any difference between the services expected and those supplied.
- If the client expressly or tacitly accepts the solutions proposed by the agency, s/he shall have no right of compensation for such modifications. It shall be understood that s/he tacitly accepts these proposals if s/he continues the package travel with the solutions provided by the organizer.
- If the solutions adopted by the organizer are unfeasible or if the client does not accept them on reasonable grounds, the agency shall:
- a) If the package travel includes the return trip, provide the client with a transportation equivalent to the one contracted to take him/her back to the place of departure, or to any other place that the parties have agreed upon.
- b) Refunding him/her the amounts paid after deducing the cost of the services supplied to him/her until the end if the package travel, unless the defect that prevents the continuation of the trip is attributable to the client.
- c) Pay him/her the appropriate compensation.
18. Client’s withdrawal during the trip
- The client has the right to cancel the trip once it has begun, but s/he shall not be entitled to request the reimbursement of the amounts already paid and s/he shall be obliged to pay the pending amounts.
- If the withdrawal is due to an accident or to an illness of the client that prevents him/her from continuing the trip, the agency shall be obliged to provide the necessary assistance, and, where applicable, compensate the client for the difference between the services expected and those supplied, once the applicable cancellation expenses that are justified have been deduced.
- In both cases, any additional costs resulting from the cancellation of the trip by the client, and particularly those of repatriation or relocation to the place of origin, shall be borne by the client.
19. Client’s duty to collaborate in the normal development of the trip.
- The client must comply with the instructions given by the agency for the proper execution of the trip, as well as with the regulations that are generally applicable to the users of the services included in the package. In particular, in case of group travels, the client must keep all due respect to other participants and shall behave in a manner that does not harm the normal development of the trip.
2.The serious breach of these duties empowers the agency to terminate the package travel contract. In such case, if the contract includes the return journey, the agency will provide the costumer with a means of transportation equivalent to the one hired by contract to return to the place of departure or to any other place agreed upon by both parties. The agency will have the right to whatever appropriate compensation for the damages attributable to the client’s behavior.
e) CONTRACTUAL LIABILITY FOR DEFECTIVE PERFORMANCE OR BREACH OF CONTRACT.
19. Allocation of liabilities
1.The organizer agency and the retailer agency will take responsibility over the correct compliance of the package travel contract according to the obligations allocated to each of them by their respective field of management.
- The organizer agency and the retailer agency are responsible to the client both if they provide the services comprised in the package travel and if they are provided by their assistants or other service suppliers.
- The organizer agency, as planner of the package travel, takes responsibility over any damage caused to the costumer resulting from the non performance or the defective performance of the services included in the package travel, as well as over any damage resulting from the unfulfillment of any other obligation belonging to their field of management in accordance with the laws that are applicable.
4.The retailer agency, as seller of the package travel proposed by an organizer agency, takes responsibility over any damage caused to the costumer resulting from the mistakes that the former may have committed when informing the latter about the package travel, over the omission of relevant information, over failing to provide the necessary documents for the proper development of the journey and, in general over having failed to comply with any other obligation belonging to their field of management in accordance with the laws that are applicable.
21. Causes of release of liability
In the following scenarios, organizers and retailers shall not be deemed liable:
- a) When failures in the performance of the contract are attributable to the client.
- b) When such failures are attributable to a third party unconnected with the rendering of the services contracted for, and are unforeseeable or unavoidable.
- c) When such failures are due to a case of force majeure which are defined as unusual and unforeseeable circumstances beyond the control of the party by whom it is pleaded, the consequences of which could not have been avoided even if all due care had been exercised.
- d) When such failures are due to an event which the organizer and/or the retailer could not have been foreseen or overcome even with all due care.
- Client’s duty to minimize damage
In any case, the client is commited to take whatever reasonable and appropriate measures to try to minimize the damages that may arise from the breach or from the defective performance of the contract, or to avoid their aggravation. The costumer will be responsible for the damages attributable to his/her lack of compliance to this point.
23. Duty of assistance of the agency.
- Despite being released of liability, the organizer and the retailer shall still being obliged to provide prompt assistance to the client in difficulty.
- The duty of assistance provided in the previous paragraph shall not be applicable when the failures produced during the performance of the contract are attributable in exclusive to an intentional or negligent behaviour of the client.
24. Limitations in the liability according to international conventions.
When the services involved in the package are governed by international conventions, the compensation for damages, physical or not, arising from the non-performance or defective performance of such services shall be subject to the limitations established by the mentioned conventions.
25. Limitation of liability in the matter of damage other than personal injury
- If the services involved in the package are not governed by International Conventions:
- a) The compensations for damages other than personal injury shall be limited for all the concepts at twice the price of the package travel, including moral damages not resulting from a personal injury and the reimbursements that should be made.
- b) The compensation of the organizer for the damages arising from the loss or damage in the luggage shall be limited to 350 €.
- The above mentioned limitations shall not apply if the damages have been provoked by the agency or by the suppliers of services or if they have acted recklessly, knowing that these damages could occur.
26. Information on provisions applicable to passports, visas and vaccines.
- The agency has the duty to inform the citizens of the European Union about the health formalities required to perform the trip, as well as of the applicable conditions on passports and visas. The agency will be liable for the accuracy of the information provided.
- The client shall obtain the necessary documents for the trip, including passport and visa, and the documents regarding health formalities. All damages resulting from the lack of such documentation shall be at their own risk, and in particular, the expenses incurred for the interruption of the trip and the eventual repatriation.
3.If the agency accepts the client’s request to process the visas required to access any of the expected destinations in the route, it may demand of the costumer the payment of the visa costs, as well as of the management expenses of whatever procedure it may have had to satisfy before the corresponding diplomatic or consular authorities.
In this case, the agency will take responsibility over any damage ascribable to it in accordande with due diligence for the delay in the acquisition of the required documents or for its insufficiency.
27.Responsibility over incidents related to air transportation
When the Air Company cancels a flight or incurs in a big delay, it will be responsible for the provision of the due assistance and attention to the passengers affected, and it will have to take at its own expense the costs of meals, phone calls, transportation and overnight hotel stays if it be the case, by virtue of the CEE 261/2004 regulation, which establishes the common rules concerning compensation and assistance of air passengers when they are denied boarding and when flights are cancelled or very delayed.
When the flight is cancelled, the Company is also obliged to pay the corresponding compensation to the passenger, as well as to refund the price of the plane ticket if such is the passenger’s choice. If the cancellation is the result of extraordinary causes that could not have been avoided even if all appropriate measures had been adopted, the airline in charge of the flight will be obliged to provide the due assistance and attention to the passengers affected, as well as to refund the price of the plane ticket if such is the passenger’s choice.
28. Liability for services not included in the package travel.
- The rules of contractual responsibility of the package travel are not applicable to services such as excursions, attendance to sports or cultural events, visits to exhibitions and museums, or similar, which are not included in the total price of the package travel and that the client contracts on an optional basis when contracting the package.
In these cases, the agency shall indicate the client the optional nature of the services and that they are not part of the package.
- If the agency is involved in the contracting of these services, it shall be liable according to the specific rules applicable to the corresponding contracts.
f) CLAIMS AND ACTIONS ASSOCIATED TO THE CONTRACT.
29. Applicable law.
This package travel contract is governed by the agreement of the parties and the provisions of these general terms and conditions, the regulations applicable depending on the region, and subsidiary, by the provisions of the Spanish Royal Legislative Decree 1/2007 of 16 November, by means of which it is approved the General Law for the defence of clients and users and other complementary laws.
30. Claims to the agency.
- Notwithstanding the legal actions belonging to the client, s/he is entitled to submit written claims to the travel agency due to the non-performance or the defective performance of the contract within 30 days time after the trip should have ended.
- No later than 30 further days, the organizer or the retailer, depending on ther several liabilities as per their respective fields of management, shall answer in writing to any request set forth in due time.
- At this stage, the client and the agency may ask for the mediation of the relevant authorities or the organizations constituted to the effect of finding a solution to the conflict that is satisfactory for both parties.
- If the conflict cannot be solved through the claim to the agency, the client may submit it to Client Arbitration if the claimed agency has previously adhered to the Client Arbitration System. Likewise, in any case the client can claim in the courts.
31. Client Arbitration.
- If the agency to which the claim is filed has previously adhered to a Client Arbitration System, the client may address the complaints to the regional Client Arbitration Board that is competent in the place where the contract was formalized or where it has adhered, no later than 3 months, starting on the day when the trip should have ended.
- The claims related to intoxication, injuries, death or reasonable signs of crime cannot be subject to Client Arbitration.
- Unless otherwise stated in the public offer of submission to the Client Arbitration System, the arbitration shall be in law and the arbitration procedure shall be governed by the Spanish Royal Decree 231/2008, of 15th February. It will be limited to claims of less than 1000 € per person with a maximum of 5000 € per claim.
- The arbitration award rendered by the Client Arbitral Tribunal shall decide the claim submitted as final and it shall be binding for both parties.
32. Legal Actions.
- If the dispute is not subject to client arbitration, the client may claim before the courts of the place of the conclusion of the contract.
- The costumer can only be sued in the courts of the place where the contract has been signed.
- The time limit to interpose legal actions arising from the package travel contract is of two years, counting from the date in which the trip should have ended.