Terms & Conditions

1. INTRODUCTION

1.1 The sale and execution by Guided Spain, a brand operated by Emily CATHERINE MATTHEWS -, with identification number C.I.AN-296637-2 and the fiscal registration number ESX2680547N, and residing at Puerto de Estepona, 49P – 29680 Estepona (Málaga) Spain, a Retail Travel Agency, operating under the commercial name of Guided Spain Tours SLU B56482201 (hereinafter the “Organizer“) of Packages concerning Tourist Services or individual Tourist Services to be provided on Spanish or international territory is subject to these general conditions, where not derogated from specific agreements contained in the Contract and the Spanish law, in particular the provisions of Legislative Decree no. 79 of 23.5.2011 (the “Tourism Code“) as well as, as applicable, to Law n.1084 of 27.12.1977 ratifying and executing the International Convention relating to the travel contract (CCV), signed in Brussels on 23.4.1970.

2. DEFINITIONS

2.1 For the purposes of these general conditions of sale, the terms defined here have the same meanings as the corresponding definitions referred to in art. 33 of the Tourism Code.

In these general conditions, the term “Traveler”, unless otherwise provided, refers to all individuals who will participate in the execution of the Tourist Package Contract and who will receive the provision of the Tourist Services provided therein.

3. PRECONTRACTUAL INFORMATION TO THE TRAVELER

3.1 Before the conclusion of the Travel Package Agreement or a corresponding offer, the Organizer undertakes to provide the Traveler with the following information, namely:

1. that the combination of Tourist Services that is proposed constitutes a Package for pursuant to Directive (EU) 2015/2302 and articles 33 and 34 of the Tourism Code. Therefore, Travelers will benefit from all EU rights that apply to Packages. The Organizer is fully responsible for the correct execution of the Package as a whole and as such has adequate protection, including insurance, to reimburse the Travelers’ payments and, if transport is included in the Package, guarantee their repatriation in the event that the Organizer becomes insolvent;
2. all essential information on the Package;
3. the name of the person responsible for the correct execution of all the Tourist Services included in the Package;
4. the emergency telephone number or the details of a contact point through which to reach the Organizer or its auxiliaries;
5. that Travelers may transfer the Package to another person, upon reasonable notice and possibly at additional costs;
6. that the price of the Package may be increased, in any case no later than 20 (twenty) days before the start of the Package, if specific costs increase (for example, fuel prices) and if expressly provided for in the Contract;
7. that if the price increase exceeds 8% (eight percent) of the Package price, the Traveler may terminate the contract;
8. that if the Organizer reserves the right to increase the price, the Traveler is entitled to a price reduction if there is a decrease in the relevant costs; 
9. that Travelers may terminate the Agreement without paying termination fees and obtain full refund of payments if any of the essential elements of the Package, other than the price, are substantially changed. If the Organizer cancels the Package before its start, the Travelers have the right to obtain reimbursement and, if necessary, compensation;
10. that Travelers may, in exceptional circumstances, terminate the Agreement without paying termination fees prior to the start of the Package, for example if there are serious security issues at the destination that may affect the Package;
11. that Travelers may at any time, prior to the start of the Package, terminate the contract upon payment of adequate and justifiable termination fees
12. that if, after the start of the Package, substantial elements of the same cannot be provided as agreed, suitable alternative solutions may be offered to the Traveler, at no additional cost;
13. that Travelers may terminate the Agreement, without paying termination fees, if the Services are not performed as agreed and this significantly affects the execution of the Package and the Organizer has not remedied the problem;
14. that Travelers are also entitled to a price reduction and / or compensation for damages in the event of failure or non-compliant execution of the Tourist Services;  
15. that the Organizer is required to provide assistance if the Traveler is in difficulty;
16. that the payments will be reimbursed to the Traveler in the event that the Organizer becomes insolvent or guarantee the repatriation of the Travelers in the event that the Organiser’s insolvency occurs after the start of the Package and if transport is included in the same.

3.2 In addition to the aforementioned information, the Organizer provides Travelers, always before the conclusion of the Contract, with the following information:

1. a) the main characteristics of the Tourist Services, such as (i) the destination or destinations of the trip, the itinerary and periods of stay with relative dates and, if accommodation is included, the number of nights included; (ii) the means, characteristics and categories of transport, the places, dates and times of departure and return, (iii)the location, the main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination; (iv) the meals provided, if applicable; (v) the visits, excursions or other services included in the total agreed price of the Package; (vi) the language in which the services are provided and (vii) at the request of the traveler whether the trip or holiday is suitable for persons with reduced mobility and precise information on the suitability of the trip or holiday that takes into account the needs of the Traveler;
2. b) the commercial name and geographical address of the Organizer with its telephone numbers and e-mail addresses;
3. c) the total price of the Package including taxes and all rights, taxes and other additional costs, including any administrative and handling costs, or, if these are not reasonably calculable before the conclusion of the Contract, an indication of the type of additional costs that the Traveler may still have to bear;
4. d) the methods of payment, including any amount or percentage of the price to be paid as an advance and the calendar for the payment of the balance, or the financial guarantees that the Traveler is required to pay or provide;
5. e)  information on the right of the Traveler to withdraw from the Contract at any time before the start of the Package upon payment of adequate withdrawal costs previously quantified by the Traveler;
6. f) information on the optional or compulsory subscription of an insurance that covers the costs of unilateral withdrawal from the Contract by the Traveler or the costs of assistance, including return, in the event of accident, illness or death;
7. g) the details of the compulsory insurance coverage of the Organizer referred to in point 17) above.

4. CONCLUSION OF THE CONTRACT

4.1 Once all the information has been collected from the Traveler, the Organizer prepares and signs a booking proposal on a specific contractual form, also in electronic format, completed in its entirety and containing all the pre-contractual information referred to in the previous article 3, by sending a copy to the Traveler.

4.2 The Contract is considered finalized when the Traveler returns to the Organizer, also electronically, the booking proposal made by the Organizer with his / her signature.

4.3 It is understood that the information provided by one party to the other pursuant to Article 3 above, forms an integral part of the Tourist Package Agreement and cannot be changed unless explicitly agreed between the Organizer and the Traveler.

4.4 The Organizer communicates to the Traveler, also at the request of the latter, all changes to the pre-contractual information in a clear and evident way before the conclusion of the Tourist Package Contract.

4.5 At the time of the conclusion of the Travel Package Contract or, in any case, as soon as possible, the Organizer provides the Traveler with a copy or confirmation of the Contract on a durable medium. The Traveler agrees as of now to the transmission of the copy or the confirmation of the Contract on a durable electronic medium.

4.6 Where requested, the Traveler has the right to a hard copy if the Travel Package Contract has been stipulated in the simultaneous physical presence of the parties. The Travel Package Contract or its confirmation contain the entire content of the agreement with all the information referred to in Article 3 above, as well as the following:

1. a) the specific requests of the Traveler accepted by the Organizer;
2. b) a declaration certifying that the Organizer is responsible for the exact execution of all the Tourist Services included in the Contract and is required to provide assistance if the Traveler is in difficulty pursuant to article 11 below;
3. c) the name and contact details, including the geographical address, of the person in charge of the protection in the event of insolvency;
4. d) the name, address, telephone number, e-mail address and, if present, the fax number of the local representative of the Organizer, of a contact point or other service that allows the Traveler to communicate quickly and effectively with the Organizer to request assistance or to address any complaints relating to lack of conformity found during the execution of the Package;
5. e) the fact that the Traveler is required to communicate, without delay, any lack of conformity detected during the execution of the Package pursuant to article 11 below;
6. f) in the case of minors, unaccompanied by a parent or other authorized person, traveling on the basis of a Package Travel Agreement which includes accommodation, the information that allows direct contact with the minor or the person responsible for the minor to be established in his place of stay;
7. g) information regarding existing complaints handling procedures and alternative dispute resolution mechanisms (ADR – Alternative Dispute Resolution), pursuant to Legislative Decree no. 206 and, if present, to the ADR body by which the trader is governed and to the online dispute resolution platform pursuant to Regulation (EU) no. 524/2013;
8. h) information on the Traveler’s right to assign the contract to another Traveler pursuant to article 7

4.7 In good time before the start of the Package, the Organizer provides the Traveler with the necessary receipts, vouchers and tickets, information on the scheduled itinerary timings.

4.8 To the purposes of precontractual negotiation and conclusion of Contract phases as well for any successive integrations, modifications or amendments to the Contract, the Traveler and the Organizer agree to give maximum validity to communication by e-mail or any equivalent electronic tool of communication or document sharing platform (like Google workplaces or similars). To that regard, any e-mail, notice or document sent or shared through any equivalent electronic tool of communication or document sharing platform from a party to the other is deemed as received and to the knowledge to the other party when sent to or downloaded by that recipient, unless said recipient proves that the e-mail, notice or document has not reached him/her for reasons not attributable to him/her.

5 PRICE AND PAYMENTS

5.1 The price of the Tourist Package is determined in the Contract, with reference to what is indicated in the pre-contractual information and any updates or changes. All prices are in Euro (€) and are inclusive of VAT (Value Added Tax) and other local applicable taxes, unless otherwise stated by the Organizer in written. The price is comprehensive of all services and cannot be broken down into single services, in line with European tour operator margin scheme (74TER) taxation regulations. 

5.2 Subject to clear and precise communication to the Traveler on a durable medium, together with the justification, the Organizer may change the price up to 20 (twenty) days before the start of the Package, but only as a result of changes in (a) transportation costs, including the cost of fuel or other energy sources; (b) duties and taxes on the Tourist Services included in the Contract such as taxes, fees or rights to land, disembark or embark in ports and airports; (c) exchange rates applied to the Package in question.

5.3 For these changes, reference will be made to the exchange rate and the above costs in force on the date of transmission of the pre-contractual information referred to in the previous article 3, or to what is reported in any updates.

5.4 In the event of a reduction in the aforementioned costs after the conclusion of the Contract and before the start of the Package, the Traveler is entitled to a reduction in the price corresponding to the reduction in the costs referred to above. In the event of a decrease in the price, the Organizer has the right to deduct the administrative and management costs of the actual practices from the reimbursement due to the Traveler, of which he is required to provide proof at the latter’s request.

5.5 If the price increase referred to in this article exceeds 8% (eight percent) of the total price of the Package, the Traveler, within 2 (two) calendar days from the Organizer’s communication, can accept the proposed change or withdraw from the Contract without paying withdrawal costs. In the event of withdrawal, the Organizer may offer the Traveler a replacement package of equivalent or higher quality, or issue a voucher in favor of the Traveler pursuant to article 16

5.6 The amount of the down payment on the final price, up to a maximum of 25% (25 twenty-five percent) of the price of the Tourist Package, to be paid upon conclusion of the Contract and the date by which, 30 days before the start of the Package, the final balance must be paid, result from the Contract itself. Failure to pay the above sums on the established dates constitutes an express termination clause such as to determine, by the Organization, the legal termination of the Contract, unless otherwise communicated in writing by the latter. In the event of termination of the Contract due to non-payment by the Traveler at the agreed deadlines, any amount already paid to the Organizer by the Traveler will be retained as a penalty for non-fulfillment, without prejudice to the Organizer’s right to compensation for any greater damage.

5.7 No Tourist Services will be booked or tickets purchased by the Organizer until receipt of the abovementioned down payment.

6 CHANGES TO THE CONTRACT OTHER THAN THE PRICE

6.1 Before the start of the Package, the Organizer reserves the right to make minor changes (such as, for example, the replacement of the Rental With Driver – NCC originally indicated with another, replacement of the tour guide originally indicated, etc.), upon written communication to the Traveler in a clear and precise manner and on a durable medium.

6.2 If, on the other hand, always before the start of the Package, the Organizer is forced to significantly modify one or more of the main characteristics of the Tourist Services indicated in the pre-contractual information, or cannot satisfy the specific requests of the Traveler, this last within 2 (two) calendar days from the Organizer’s communication, can accept the proposed modification or withdraw from the contract without paying withdrawal costs. In the event of withdrawal, the Organizer may offer the Traveler a replacement package of equivalent or higher quality, or issue a voucher in favor of the Traveler pursuant to article 16

The Traveler may exercise the aforementioned faculties even when the modification consists in cancellation due to cases of force majeure and unforeseeable circumstances, relating to the purchased Package.

6.3 The Organizer informs the Traveler, without undue delay, in a clear and precise manner on a durable medium:

6. a) of the changes proposed pursuant to the previous article 6.2 and their impact on the price of the Package;
7. b) the term of 2 (two) days from such communication within which the Traveler is required to inform the Organizer of his/her decision pursuant to the previous article 6.2;
8. c) the consequences of the Traveler’s failure to reply within the period referred to in letter b) and of any replacement package offered and the relative price.

6.4 If the changes to the Travel Package Agreement or the Replacement Package referred to in Article 6.2 above result in a Package of lower quality or cost, the Traveler is entitled to an appropriate reduction in the price.

6.5 In case of withdrawal from the Tourist Package Contract pursuant to the previous article 6.2, if the Traveler does not accept the replacement Package, the Organizer will reimburse all payments without undue delay and in any case within 14 (fourteen) days of withdrawal from the contract. carried out by or on behalf of the Traveler, minus the administrative and management costs of the actual practices incurred by the Organizer. Without prejudice to the provisions of article 43, paragraphs 2, 3, 4, 5, 6, 7, 8 of the Tourism Code. The reimbursement by the Organizer may take the form of a voucher pursuant to article 16 below, for the use of future Tourist Services of the equivalent or higher value than the Traveler’s payment.

6.6 For cancellations of the Travel Package Contract by the Organizer other than those caused by force majeure, unforeseeable circumstances or failure to reach the minimum number of Travelers, as well as for those other than the non-acceptance by the Traveler of the alternative Tourist Package offered, the Organizer reimburses the Traveler double the amount paid by the latter for the use of the Package. 

7 TRANSFER OF THE TOURIST PACKAGE TO ANOTHER TRAVELER BEFORE DEPARTURE

7.1 With written notice to the Organizer no later than 7 (seven) calendar days before the start of the Package, the Traveler may transfer the Package Travel Agreement to another person who satisfies all the conditions for the use of the service, providing the Organizer in writing with the details of the new Traveler.

7.2 The transferor and the transferee of the Tourist Package Contract are jointly and severally liable for the payment of the balance of the price and any rights, taxes and other additional costs, including any administrative and handling costs resulting from this transfer.

7.3 The Organizer promptly informs the transferor of the actual costs of the transfer, which cannot be unreasonable and do not exceed the costs actually incurred by the Organizer as a result of the transfer of the Tourist Package Contract, and provides the transferor with proof of the rights, taxes or other additional costs resulting from the assignment of the Contract.

8 WITHDRAWAL OF THE TRAVELER OR ORGANIZER BEFORE THE START OF THE PACKAGE

8.1 The Traveler may withdraw from the Package Travel Agreement at any time before the start of the Package, upon reimbursement to the Organizer of the expenses incurred by the latter, adequate and justifiable, the amount of which the Organizer provides motivation to the Traveler requesting it. 

-If the Traveler withdraws from the agreement up to 20 (twenty) days before the start of the package, the Traveler is entitled to a refund of the price paid, minus the administrative and handling costs. 

– For cancellations between eight (8) & nineteen (19) days in advance of the date and time of the tour the traveler will receive a 70% refund less any non-refundable credit card fees or accommodation/site tickets/events/third-party services already purchased on their behalf. 

-For cancellations within seventy-two (72) hours & seven (7) days of the tour start date & time, the Traveler will receive a 50% refund less any non-refundable credit card fees/accommodation/site tickets/events/third-party services already purchased on their behalf. 

-For cancellations 72 hours prior to the tour date & time, there will be no refund. 

-Single Tourist Services included in the Package booked with the Organizer are subject to the same terms and conditions.

All cancellations need to be emailed to: hello@guidedspaintours.com

– the Traveler has appropriate insurance cover including for cancellations, health and repatriation. If the Traveler does not take about insurance, the Organizer is under no obligation to provide reimbursment, with the exception of the circumstances listed in the terms & conditions.

8.2 The Package Travel Agreement provides for reasonable standard and penalty charges for withdrawal, calculated on the basis of the time of withdrawal from the Agreement and the expected cost savings and expected revenues resulting from the reallocation of the Tourist Services. In any case, the withdrawing Traveler is charged the individual cost of handling the file, the penalty to the extent indicated in the contract any consideration for insurance coverage already requested at the time of conclusion of the contract or for other services already rendered.

8.3 In the absence of specification of the standard withdrawal costs, the amount of the withdrawal costs corresponds to the price of the Package minus the cost savings and revenues deriving from the reallocation of the Tourist Services.

8.4 In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and which have a substantial impact on the execution of the Package or on the transport of passengers to the destination, the Traveler has the right to withdraw from the Contract, before beginning of the Package, without paying withdrawal or penalty costs and full reimbursement of payments made for the Package, but is not entitled to any additional compensation. This provision does not encompass disruptions associated with international flights that have not been booked and purchased by the Organizer. For example, should a traveler’s independently secured flight be canceled, the Organizer will not be held liable to refund the entire package sum, as this situation falls outside the Organizer’s direct control and scope of responsibility. It is therefore strongly advised for travelers to avail themselves of appropriate travel insurance to manage such unforeseen occurrences.

8.5 The Organizer can always withdraw from the Travel Package Contract and offer the Traveler full refund of the payments made for the Package, but is not required to pay any additional compensation if:

the Organizer is unable to perform the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal to the Traveler without undue delay before the start of the Package.

8.6 The Organizer will proceed with all the reimbursements prescribed in accordance with this article, including by means of a voucher for the use of future Tourist Services of the same or higher value than the amount due to the Traveler, after having deducted the appropriate expenses, without undue delay and in each case within 14 (fourteen) days of withdrawal.

9 CHANGES AFTER THE START OF THE PACKAGE

9.1 The Organizer, if after the start of the Package, finds itself in the objective impossibility, excessive burden or unreasonable difficulty of providing for any reason, except for a specific fact of the Traveler, a part essential of the Services contemplated in the Contract, must provide alternative solutions, without price supplements to be paid by the Traveler and if the services provided are of a lower value than those provided, reimburse him in an amount equal to this difference.

9.2 If no alternative solution is possible, or the solution prepared by the Organizer is rejected by the Traveler for proven and justified reasons, the Organizer will provide, at no extra cost, a means of transport equivalent to the original one provided for the return to the place of departure or to a different place eventually agreed, compatible with the availability of vehicles and places, and will reimburse the Traveler to the extent of the difference between the cost of the services provided and that of the services performed up to the time of early return. 

10 TRAVELER OBLIGATIONS

10.1 In the pre-contractual phase and in any case before the conclusion of the Contract, the Travelers are provided in writing with general information – updated to the date of the pre-contractual information – relating to health obligations and the documentation necessary for expatriation and/or entry into the country of destination. Foreign travelers can find the corresponding information through their diplomatic representations in Spain and/or their respective official government information channels. In any case, before departure, Travelers will check that it is updated with the competent authorities adjusting before the trip. For other countries visited, the Traveler should check with the relevant country’s authorities. In the absence of such verification, no responsibility for the non-departure of one or more Travelers can be attributed to the Organizer.

10.2 Travelers must inform the Organizer of their citizenship and, at the latest at the time of departure, make sure they are in possession of vaccination certificates, passport and any other valid document for expatriation and entry to all Countries affected by the package, as well as residence and transit visas and health certificates that may be required. Furthermore, in order to assess the health and safety situation of the countries of destination and, therefore, the objective usability of the Services purchased or to be purchased, each Traveler is required to find (also making use of the information sources indicated in Article 10.1) the official information of a general nature at his/her Ministry of Foreign Affairs which expressly indicates whether or not the destinations of the Package are subject to formal discouragement.

10.3 Travelers must also comply with the rules of normal prudence and diligence and with the specific rules in force in the countries of destination of the Package, with all the information provided to them by the Organizer, as well as with the regulations, administrative or legislative provisions relating to the Package. tourist. Travelers will be called to answer for all damages that the Organizer should suffer also due to the failure to comply with the obligations indicated above.

10.4 Each Traveler is required to provide the Organizer with all documents, information and elements in his possession useful for exercising the latter’s right of subrogation against third parties responsible for the damage and is liable to the Organizer for the prejudice caused to this right of subrogation.

10.5 Travelers are also required to communicate in writing to the Organizer, at the latest upon conclusion of the Contract, the particular personal requests that may be the subject of specific agreements on the travel arrangements, provided that their implementation is possible. Travelers are always required to inform the Organizer of any special needs or conditions (pregnancy, food intolerances, disabilities, etc.) and to explicitly specify the request for related personalized services.

11 RESPONSIBILITIES, OBLIGATIONS, AND ASSISTANCE OF THE ORGANIZER

11.1 The Organizer is responsible for the execution of the Tourist Services provided for in the Tourist Package Contract, even when provided by its auxiliaries or persons in charge acting in the exercise of their functions, by third parties whose opera makes use of or from other tourism service providers. The Organizer’s liability is excluded if it proves that the event arose from the fact of the Traveler (including initiatives autonomously undertaken by the latter during the execution of the Tourist Services) or of a third party of an unforeseeable or inevitable nature, from circumstances unrelated to the execution of the Contract, unforeseeable circumstances, force majeure, or from circumstances that the Organizer itself could not, according to professional diligence, reasonably foresee or resolve.

11.2 The Traveler must promptly inform the Organizer, in any case within maximum 24 (twenty-four hours), taking into account the circumstances of the case, of any lack of conformity found during the execution of a Tourist Service provided for in the Contract.

11.3 If one of the Tourist Services is not performed as agreed in the Tourist Package Contract, the Organizer will remedy the lack of conformity, unless this is impossible or excessively burdensome, taking into account the extent of the lack of conformity and the value of the Tourist Services affected by the defect. Otherwise the Traveler is entitled to a reduction of the price or to the compensation of the damage, of his choice, under the terms and conditions of the following article 12. 

11.4 Without prejudice to the exceptions referred to in the previous article 11.3, if the Organizer does not remedy the defect of compliance within a reasonable period in relation to the duration and characteristics of the Package, the Traveler can remedy the defect personally and ask the Organizer to reimburse the necessary, reasonable and documented expenses.

11.5 If a lack of conformity constitutes a non-negligible non-fulfillment of the Tourist Services included in a Package and the Organizer has not remedied it within a reasonable period in relation to the duration and characteristics of the Package, the Traveler may, without charge, resolve by right and with immediate effect, the Tourist Package Contract or, if necessary, ask for a price reduction, without prejudice to any compensation for damages. In the event of termination of the Contract, if the Package included transport, the Organizer also provides for the return of the Traveler with an equivalent transport without undue delay and without additional costs for the Traveler.

11.6 If, due to extenuating circumstances not attributable to the Organizer, it is reasonably impossible to supply, during the execution, a substantial part, in terms of value or quality, of the combination of the Tourist Services agreed in the Contract, the Organizer offers, at no extra charge to the Traveler, suitable alternative solutions of quality, where possible equivalent or superior, to those specified in the Contract, in order for the performance of the Package to continue.

11.7 The Traveler may reject the proposed alternative solutions only if they are not comparable to what was agreed in the Tourist Package Contract or if the price reduction granted is inadequate.

11.8 If it is impossible to arrange alternative solutions or the Traveler rejects the proposed alternative solutions, the Traveler is granted a price reduction.

11.9 The Organizer is responsible for errors due to technical defects in the booking system that are attributable to him/her and for errors made during the booking process. However, it is not responsible for booking errors attributable to the Traveler or due to unavoidable and extraordinary circumstances.

11.10 The Organizer provides adequate assistance without delay to the Traveler who is in difficulty, in particular by providing the appropriate information regarding health services, local authorities and consular assistance and assisting the Traveler in making remote communications and helping him/her to find Alternative Tourist Services.

11.11 The Organizer may demand payment of a reasonable cost for such assistance if the problem is caused intentionally by the Traveler or through his fault, within the limits of the expenses actually incurred.

12 PRICE REDUCTION AND COMPENSATION FOR DAMAGES; LIMITS OF COMPENSATION

12.1 The Traveler has the right to an adequate reduction in the price for the period during which there was a lack of conformity, unless the Organizer proves that this defect is attributable to the Traveler, to a fortuitous event, force majeure, or circumstances that the Organizer itself could not, according to professional diligence, reasonably foresee or resolve.

12.2 The Traveler has the right to receive from the Organizer, without delay, adequate compensation for damages suffered as a direct consequence of a lack of conformity, unless the Organizer proves that the lack of conformity is attributable to the Traveler or to a third party unrelated to the provision of the Tourist Services included in the Contract, or is due to unforeseeable, unavoidable or extraordinary circumstances.

12.3 The Organizer is subject to the limitations provided for by the international conventions in force that bind Spain or the European Union, relating to the extent of the compensation or the conditions to which it is due by a supplier providing a tourist service included in a Package.

12.4 The Tourist Package Contract provides for the limitation of the compensation due by the Organizer, except for personal injury or damage caused intentionally or through negligence, in any case not less than three times the total price of the Package.

13 COMPLAINTS

13.1 Any failure in the execution of the Contract must be challenged by the Traveler during the use of the Package by means of a timely written or verbal complaint to the Organizer, to his local representative or to the guide, so that they can promptly remedy it. Otherwise the compensation for the damage will be reduced or excluded.

13.2 The Traveler must also – under penalty of forfeiture – make a complaint by sending the Organizer a registered letter, with acknowledgment of receipt, or other means that guarantees proof of receipt, no later than ten working days from the date of receipt. return to the place of departure. 

14. INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES

14.1 If not expressly included in the price of the Tourist Package Contract and if and when available on the market, also in consideration of the nationality of the Travelers and the place of execution of the Package, the Organizer makes available to the same Travelers, recommending their stipulation at the time of conclusion of the Contract, special insurance policies against the expenses deriving from medical treatments needed after the start of the Package and during its execution or for repatriation costs in the event of accidents, illnesses, unforeseeable circumstances or force majeure. The Traveler will exercise the rights arising from these contracts exclusively towards the stipulating Insurance Companies, under the conditions and in the manner provided for by these policies.

15 ALTERNATIVE DISPUTE RESOLUTION INSTRUMENTS

15.1 In the event of disputes between the Organizer and the Traveler deriving from the conclusion, execution or termination of the Travel Package Contracts, the Organization proposes to the Traveler, on its website or in other forms, alternative resolution methods of the disputes that have arisen. In this case, the Organizer will indicate the type of alternative resolution proposed and the effects that such membership entails.

16 REFUND BY VOUCHER

16.1 In any case, the Organizer is required to reimburse any sum to the Traveler, such reimbursement may take the form of a voucher for the use of future Tourist Services or Packages of Tourist Services of the equivalent or greater value than that due to the Traveler, having a maximum duration of 30 (thirty) months from the day of its issue. 

17 GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF INDIVIDUAL TOURIST SERVICES

17.1 Contracts relating to the offer of the transport service only, the accommodation service only, or any other separate Tourist Service, cannot be configured as a negotiating case of travel organization or tourist package, do not enjoy the protections provided for in favor of travelers by the EU Directive 2015/2302.

17.2 The seller who undertakes to procure an unbundled tourist service to third parties, even electronically, is required to issue the traveler with the documents relating to this service, which show the sum paid for the service and cannot in any way be considered an organizer of travel.

PRIVACY INFORMATION

Travelers are informed that their personal data, the provision of which is necessary to allow the conclusion and execution of the Tourist Package Contract, will be processed manually and / or electronically in compliance with current legislation.

Any refusal will make it impossible to complete and consequently execute the Contract.

The exercise of the rights provided for by the current legislation – by way of example: the right to request access to personal data, the rectification or cancellation of the same or the limitation of the processing that concerns them or to oppose their treatment, in addition to the right to data portability; the right to lodge a complaint with a supervisory authority – may be exercised against the data controller.

For further information on the processing of data by the Organizer, please refer to the specific section of the website guidedspaintours.com, containing the Privacy Policy.

In any case, travelers are informed that personal data may be disclosed to:

• Subjects whose access to data is recognized by law, regulation or EU legislation;
• Foreign countries for which there is an Adequacy Decision by the European Commission pursuant to art. 45 and / or adequate guarantees pursuant to art. 46 of Regulation (EU) 2016/679 (GDPR), which currently: Andorra; Argentina; Australia PNR; Canada; Faroe Islands; Japan; Guernsey; Isle of Man; Israel; Jersey; New Zeland; United Kingdom; Switzerland; Uruguay; USA Privacy Shield; USA PNR.
• Insurance companies and third parties, even in non-EU countries, for the completion of travel reservations (hotels, airlines, Sales Operations area, Back office, Contracting of Charter Flights and Distribution Line, Assistance, Administration).
• External managers and authorized persons responsible for the management of the travel dossier regularly appointed and trained on the processing of personal data.

For trips to non-EU countries and outside those indicated above for which there is an Adequacy Decision by the European Commission pursuant to art. 45 and / or art. 46 of Reg. (EU) 2016/679, it is noted that Travelers will not be able to exercise their rights as provided for by the Regulation nor towards the Data Controller, nor directly towards third parties (such as, by way of example: hoteliers, local carriers, local insurance companies, public or private healthcare institutions, etc.) since this obligation to process and / or store data according to European Union standards is not provided for by the laws of the host country.

Pursuant to art. 49 paragraph 1 letter. b, of the GPDR 679/2016, the transfer or a set of transfers of personal data to a third country or an international organization is allowed if the transfer is necessary for the execution of a contract concluded between the data subject and the data controller, or the execution of pre-contractual measures adopted at the request of the interested party.

BEHAVIOUR REQUIRED BY TRAVELERS AND OTHER GENERAL RULES APPLICABLE TO THEM

20.1. The Traveler is required to provide the Organizer with current, complete, accurate and correct details of all the participants to the Package. Any failure to do so that affects the execution of the Contract shall not cause liability of the Organizer.

20.2 The Organizer reserves the faculty to reject a booking request. This may happen where the required Tourist Services are not available or if there is an error in the price or the description provided by seller of the Tourist Service.

20.3 Without prejudice to the Traveler faculty, according to article 7 above, to transfer the Tourist Package to another Traveler before the commencement of the Package, the Travel Package Agreement or the Tourist Services thereto must not be offered for sale or resale, or resold or used for any commercial purpose, including without limitation promotion of any supplier or any supplier’s products or services, without the Organizer’s prior written permission.

20.4. All Travelers acknowledges and agrees to participate in the Tourist Package Contract at their own risk. All Travelers must in particular (i) bring any items specified in the booking confirmation voucher;  (ii) adhere to any site or local dress code regulations; (iii) accept the physical risks involved in the Tourist Package Contract; (iv) not commence the Tourist Package Contract if they are unfit or become unfit to participate in the tour by reason of ill health or injury; (v) be responsible for the safekeeping against loss and protection against damage of all their personal effects. The Organizer shall not be liable for any theft, loss or damage to the personal property of any Traveler; and (vi) have travel insurance covering cancellations, inability to travel or continue with Tourist Package Contract (for whatever reason), loss or damage to personal effects, medical, evacuation and repatriation expenses, and accidental death or disability. The Organizer will not be held responsible for any of the above or related expenses. All Services endeavor to begin exactly at the time specified by the confirmation letter and Travelers will need to come to the meeting point at least 5 minutes prior to the specified tour time. If the Traveler does make the Organizer aware of any delays or travel issues prior to the commencement of the Service, the Organizer is under no obligation to provide a refund or replacement of the missed Service.

20.5 For Travelers who have not chosen to book end-to-end Services with the Organizer, it is the Traveler’s responsibility to arrive on time at the meeting point for the beginning of the Service booked through the Organizer. Any associated additional late fee charges from Organizer’s suppliers will be billed directly to the Travelers.

20.6 While the Organizer will attempt to accommodate any last-minute changes to the Services due to Traveler tardiness on the day or hour of the Service booked, the Traveler is responsible for any additional costs incurred including but not limited to transportation waiting time, additional guide cost, additional site entrance ticket purchase. Furthermore, the Traveler acknowledges that site entrance tickets are time sensitive and the Organizer may not be able to obtain tickets for an additional day/time if they are sold out.  

20.7 During the Services all Travelers must obey the directions and instructions of the Organizer’s representative and must not disturb other travelers or interfere with the Organizer representative’s ability to conduct the Service in a safe manner. Inappropriate language or behavior towards the Organizer’s representatives or suppliers or other travelers will result in the immediate stop of the Service without a refund or replacement. Future Services booked may also be cancelled without refund or replacement. 

20.8 Each Traveler is responsible for maintaining personal safety at all times. By agreeing to take part in the Services, the Traveler agrees to exercise due care and attention for the duration of the Services.

20.9 The Organizer may, at its discretion, exclude any Traveler from the Services or cancel the Services, in whole or in part, if the Organizer deems his or her conduct abusive or inappropriate or to be offensive or of nuisance to other Travelers or should circumstances be deemed to compromise Services or guide/supplier/public/participant safety.  The Traveler so fined will not be able to participate in any other Services booked and will not be entitled to any refund or replacement. 

20.10. The Traveler acknowledge that to the extent permitted by law, the organizer will not be subject to, nor incur, and the Traveler releases the Organizer from, any loss, claim, action, or liability for consequential loss or damage to the Traveler or any third party, including any loss of business, revenue, profits, non-delivery, conduct or things done, permitted or omitted in relation to providing of the Services no matter how caused.

20.11 The Organizer will not be liable for any illness, injury or death sustained on a Service by reason of a Traveler’s medical condition, disclosed or not. 

20.12 Travel insurance is the responsibility of each Traveler. The Organizer is under no obligation to view or check the appropriateness of this insurance policy prior to the Services commencing.  

20.13 Each Traveler acknowledges and agrees that the Organizer is expressly authorized to take photographs of the Travelers during the Services and use such photographs for the purposes of advertising and promoting its business, including but not limited to being displayed on its website.