GENERAL CONDITIONS
The URL address www.arganiatravel.com is owned by Argania Travel, with registered business address at Calle Luis de Morales 32, phone number 955 525 501 33. 4th floor. e- mail: info@arganiatravel.com.
In accordance with the provisions of Law 34/2002 on Services Information Society and Electronic Commerce and Organic Law 15/1999 of December 13 on Data Protection, we inform you that with sending us your e-mail it will appear in a personal data file owned by Argania Travel, in order to inform you about our services. Please note that you can revoke your consent at any time by replying to this e- mail indicating "RESIGN", which would produce immediate removal from our list. Furthermore, in accordance with Article 15 of Law 34/2002, you can demand your right of access, cancellation, opposition and/or correction by sending an e- mail to reservas@arganiatravel.com or by writing to the following address: Calle Luis de Morales 32 4th 33, zip code: 41018 SEVILLE
The acceptance of the contract will be held in SEVILLE.
The reservation procedure will consist of: a) Reading and acceptance of the legal notice and terms of use of the Web page. b) Search and selection of the service you want to contract. c) Introduction of all the data requested. d) Reservation payment through Redsys La Caixa Bank Platform. e) The contracting concludes with the confirmation of payment and reception of an email confirmation of the booking.
Legal regulations applicable The contract, binding on both parties under the terms provided for therein, is constituted by the clauses in the General Conditions published in this program / brochure, that complete and develop the specific legislation without its contravention, also adding specific provisions to be agreed between the Agency and consumer. All this is part of a contract of package holiday, since it includes a set of pre-programmed and services offered by a global price, or projected upon request also in an inclusive price. The contracting parties expressly submit, waiving their own jurisdiction, to the jurisdiction of the courts with authority in the village of compliance with the obligation meaning the locality where has been concluded the contract.
Registration and repayment In the act of registration and without prejudice to the advance payment that is authorized by Article 3 of the Package Travel Act, the Agency will require at least a deposit of 40 % of the total amount of travel price, without considering a registration as valid until this deposit is not made. The remaining 60 % must be paid, at least fifteen days before the departure, otherwise the reservation will be considered as canceled, applying, in such case, the conditions outlined in the cancellation section. The booking confirmation is always carried out before the conclusion of the contract. The prices indicated in the program that have included indirect taxes on consumption where applicable, they have been calculated basing on rates and changes in the currency in force on the date of issue of the program that has led to this contract of package travel and / or its pamphlets and offers operating under the same. Such prices may be revised in case of changes occurred in the cost of transport, including the cost of fuel; in taxes and fees for certain services; and due to changes applied to the trip. These changes will be automatically charged to the consumer only if they occur in the 20 days prior to departure, forcing the Retail Agency to communicate possible change to the user, who may cancel the trip, entitled to reimbursement of their payments. All refunds that are appropriate for any reason are always formalized through the Retail Agency where registration had been made, with no refunds effected for services not used voluntarily by the consumer.
THE PACKAGE TRAVEL PRICE INCLUDES
Round trip transportation, when this service is included in the contract and according to your specifications.
Accommodation and / or alimony in the regime contracted in each case in selected hotels or similar establishments or in case of replacement.
Rates or taxes of the hotel establishments.
Technical assistance during the trip, when this service is specifically included.
All other services and complements specified specifically in the corresponding itineraries.
Indirect taxes ( I.V.A. , I.G.I.C. ) where they are applicable.
Anything that is also specified in the contract.
They are considered to be included in the contract price services specifically listed in scheduling and travel documents. Any other services will be paid prior to departure. As a general rule, we follow strict criteria of literalness, which leads to the conclusion that what is not specifically listed as included in the tour price, will not be included in it.
OUR PRICES DO NOT INCLUDE Visas, airport taxes, and / or entry and exit fees , vaccination certificates, "extras" such as coffee, wine, liqueur, mineral water, special diets, washing and ironing, optional hotel services, etc., and in general any services or benefits not expressly included in the schedule or travel documents. In the case of excursions or facultative visits which price is indicated with the simple character of "estimated", may occur (depending on circumstances) variations on these costs initially estimated or anticipated. The price of the package travel does not include tips. In the case of cruises, tip loses its voluntariness and the customer must make a commitment to deliver to the end of the trip a certain amount determined according to the duration. This amount, fixed before starting the cruise, is addressed only to personnel service.
IMPORTANT NOTES ABOUT APARTMENTS , HOTELS AND OTHER SERVICES
Apartments. – When booking, the customer is fully and exclusively responsible for declaring the correct number of people to occupy the apartment, without omitting children whatever their age. It is noted that the apartment administration can legally refuse entry to those not declared, with no right to any claim for that cause. In some cases there is possibility to provide extra bed / s or baby cradle, which must be requested by customers before making the contract and only previously mentioned will not be included in the published price of the apartment.
In renting apartments, usually, you need to subscribe in situ the corresponding lease according to the official model approved. This contract , which is not part of the Organizing Agency, must be signed by the user, who will pay the bond or liability insurance to cover any possible damage, if that is required. The collection of keys is usually done during office hours, in the concierge of the building itself or in the place indicated in the program documentation / offer, from 9 to 13 and from 17 to 20 hours, performing, as a general rule, input from 17 pm on day of arrival and output on 10 hours on a day of departure. Given the peculiar operation of these establishments, we strongly recommend to respect rigorously these schedules, in avoidance of damages and discomforts very difficult to correct.
Hotels. – The quality and content of the services provided by the hotel will be determined by the official tourist category, allocated by the competent body of your country. Given the current legislation in this regard, which establishes only the existence of single and double rooms allowing in case of double rooms to put in a third bed, it is always deemed that the use of the third bed is made with the knowledge and consent of the persons that occupy the room. This tacit estimation derives from the certain circumstance of having been previously warned, as well as the room will be appearing as triple in all print reservation and tickets and / or in a final travel documentation. Also in cases of double rooms for use up to four people when it is specified in the program / brochure. The usual time of entry and exit in hotels is based on the first and last service that the user will use. As a general rule, the rooms may be used from 12 pm on day of arrival and must be vacated before 12 pm on departure day. In the event that the user provides their arrival at the hotel or apartment on dates or times other than those outlined, it is necessary, to avoid problems and misinterpretations, to communicate as early as possible such situation to the Organizing Agency or to the hotel or the apartment directly. You should also consult the Organizing Agency at the time of booking about the possibility of bringing animals as they are not generally accepted in hotels and apartments. In the event that the Organizing Agency was forced to change the confirmed hotel, due to celebrations of special events or situations beyond their control, liability shall be limited to providing a hotel of the same category or higher, assuming this impossibility to pay of the difference between the offered price in the contract and the final price of the really occupied.
Other Services. – On flights when arrival at destination is made after 12.00, the first service of the hotel, if included in the program / brochure, will be dinner. Similarly, on flights when arrival at destination is made after 19.00, the first service of the hotel will be the accommodation. It is always understood as a direct air route when the documentary consists of one flight coupon.
SUPPLEMENTARY SERVICES
When users request on, with previous payment corresponding, additional services that cannot be definitively confirmed by the Organizing Agency and these cannot be provided, the Organizing Agency does not incur more responsibility than reimbursing the amount paid for such services and the user will receive it at the end of the journey through the Retail Agency.
LUGGAGE Luggage and other personal belongings of the user are not covered by the contract of the package travel. It is understood, in terms of land transport and for all purposes, that the user is responsible of preserving it in whatever part of the vehicle they are placed and, that it is transported at the risk of the user, without the organizing agency being bound to respond loss, theft or damage that it may suffer during the trip for any reason, including handling transfers hotel / airport or vice versa. It is recommended to the users to be present in all manipulations of loading and unloading of baggage. As for the air, sea or inland waterway transport of the luggage, there are applied the conditions of the airlines regulated by IATA. In the event of harm or loss, it is recommended to file a claim in the Transport Company, unless there is specified in the brochure that a travel insurance provides it for you.
SPECIAL ECONOMIC CONDITIONS FOR CHILDREN Given the diversity of applicable treatment to children, depending on their age, the service provider and the date of travel, it is recommended to always consult the range of the special conditions that exist and at all times those shall be specific and detailed information. Generally, in terms of accommodation, it is always applied that the child shares the room with two adults.
DOCUMENTATION All users, without exception (including children) must carry valid personal and family documents, either a passport or DNI, according to the laws of the country or countries visited. It will be paid by them when traveling require obtaining visas, passports, vaccination certificates, etc. It case of being rejected by any authority, by particular user causes, or be refused to entry into the country because of lack in the requirements necessary or because of default in the documentation required or by not carrying the documentation required, the organizing agency declines all responsibility for acts of this kind, being borne by the consumer any expense arising, applying in these circumstances the conditions and rules established for cases of cancellation or withdrawal of voluntary services.
We also reminds all users, especially those who have a different nationality to Spanish that they must ensure before starting the journey of having met all applicable standards and requirements for visas in order to enter without problems in all countries to be visited. All children under 18 must carry written permission signed by their parents or guardians, in anticipation that it be requested by any competent authority. The user receives from the Retail Agency the relevant information concerning the specific documentation needed for the chosen trip, as well as advice on optional insurance that covers the costs of cancellation and / or assistance insurance to cover the costs of repatriation in case of accident, illness or death.
CANCELLATIONS AND ASSIGNMENTS At all times the user can cancel the services requested or contracted, being entitled to reimbursement of the amounts paid, whether it is the total price as the advance provided above, but must compensate the Agency for the items listed below: a) In the case of individual services: All management fees, plus cancellation fees, if they had occurred. b) In the case of package holidays:1) Management fees plus cancellation fees, if any. 2) A penalty consisting of 5% between 10 and 15 days, 15% between 3 and 10 days and 25 % within forty-eight hours prior to departure. Not appearing at the scheduled time of departure, the user is not entitled to any refund of the amount paid. c) The excursions that are hired by the consumer will regard cancellation expenses for their specific conditions, sharing the penalty of 100 % of the amount if the consumer is not present. The conditions set for cancellation expenses are fully applicable unless the cancellation has occurred due to force majeure.
In case some of contracted and canceled services were subject to special recruitment economic conditions, such as freight aircraft or ships, hiring apartments, special flight rates (where in case of withdrawal, the consumer will pay 100 %) or accommodation, services in certain countries, winter and mountain sports services, etc., expanses related to the withdrawal shall be established in accordance with their specific conditions, as reflected in the program brochure. The consumer of the package travel can transfer his reservation to a third person whenever it is communicated with fifteen days prior to the date of the trip. The recipient must meet the same requirements as the transferor, general requirements for the package travel, and both shall respond severally to the travel agency for payment of the travel price and the additional costs of the assignment, the agency may refuse to the same. When rate type or characteristics of the means of transport or the characteristics of the services provided by third party providers make the transfer completely impossible, it cannot be carried into effect. In cases stipulated by the Organizer and expressly stated the feasibility of offering the package travel to have a minimum number of participants, which when is not reached produces the cancellation of the trip, the user is entitled only to reimbursement of total price or anticipated amounts, without being able to claim any amount in compensation and provided that the Agency has notified with a minimum of ten days before the scheduled date of the trip. In cases of withdrawal or cancellation by the Agency, the Organizer and the Retailer will be responsible of paying a compensation to the consumer under the Combined Travel Act, no. 21/1995, of July 6 (BOE July 7) on the terms and conditions set out therein, namely 5% of the total price if the withdrawal occurs between two months and fifteen days immediately preceding the expected date of realization of the journey: 10% if it occurs between fifteen and previous three days and 25% if it occurs in forty-eight hours prior to the scheduled date of realization.
ALTERATIONS The Agency is committed to providing its customers all the services contracted through programs / brochures, with the conditions and stipulated characteristics. Organizers and retailers of package holidays respond also to the damage suffered by the consumer as a result of non-execution or poor execution of the contract. This responsibility shall cease when any of the following circumstances appear: a) Defects observed in the execution of the contract are attributable to the consumer. b) Such defects are attributable to a third party outside the provision of the benefits provided for the contract and are unforeseeable or unavoidable. c) When defects are due to force majeure, understood as those with unpredictable consequences which could not have been avoided, despite having acted with diligence. d) That defects are due to an event that the Retailer or, where appropriate, the Organizer, despite having put all the necessary diligence, could not foresee. If there is any impossibility of providing a service by the Organizing Agency after the contract has been signed, and before the departure, the consumer may choose either recess and subsequent reimbursement of the amounts paid or accept the amendments to the contract and its impact on the price, must communicate its decision to the Agency within three days. The consumer cannot seek compensation for breach of contract after accepting the aforementioned amendment. If for any reason that is not attributable to the consumer, nor has its justification in sufficient causes or force majeure, the Organizing Agency cancels the package travel after conclusion of the contract and before departure the consumer is entitled to another package of equivalent amount or more, or reimbursement of the total amount, under the terms established in the preceding paragraph and shall communicate its decision to the Agency within three days. The consumer cannot seek compensation for breach of contract when cancel occurs due to force majeure. In the event that, after the departure, the Organizer will not provide or verify that you cannot supply an important part of the services provided in the contract (more than 50%), the Organizer will adopt appropriate solutions for the continuation of package holidays at no extra cost to the consumer and, where appropriate, pay the amount of the difference between the services offered and those supplied. If the consumer continues the journey with solutions given by the Organizer, the consumer is deemed to have accepted these proposals. If the solutions adopted by the organizer were unviable or the consumer does not accept them on reasonable grounds, the organizer shall provide, at no extra cost, an average equivalent to that used on the trip to return to the place of departure or any other that both have agreed, without prejudice to the compensation. In these situations, the consumer may claim damages for breach of contract to the Agency, but the compensation cannot proceed when causes are not sufficient or appear due to force majeure. Any failure to provide services or alteration of the elements (including price) revealed by the Organizing Agency, through the retailer, to the user before concluding the contract, only if it has not yet been signed, these modifications of program / brochure are considered the natural process of contract negotiation. If transfers / assistance hotel - airport or vice versa or others similar included in the offer are not met, mainly for reasons beyond the transfer provider and not attributable to the Organizer, it shall reimburse only the cost of alternative transport used by the client in the displacement upon presentation of the receipt or invoice. The organizing agency may cancel the departure, when the number of people registered is less than the required number and shall notify the cancellation with more than 9 days before the departure. In the case of contractual liability of the agency, the compensation is regulated in Art. 9 of Law 21/1995 , of July 7 about package travel.
RESPONSIBILITY The Organizing Travel Agency and the one that sells the package travel will respond to the consumer, according to the obligations imposed on them by their respective field of management of package travel, of the correct breach of the obligations from the contract, regardless of whether they are to be performed by them or by other service providers , without prejudice to the right of the Organizers and retailers to act against those service providers and always within the limits established in the General Conditions and applicable law. Should appear any default in the performance of services, the consumer is obliged to inform the service provider and the Agency as soon as possible, preferably in situ or in any case within five days after the end of the trip, since after this period it will be almost impossible for the Organizing Agency to check the veracity of the allegations and to achieve a satisfactory solution for all parties involved. In the event that the consumer considers that the solutions arbitrated by the Organizing Agency have not been satisfactory, may lodge a claim within one month from the date of return from the package travel to the aforementioned Organizing Agency that will be presented through the Retail Agency that sold the trip and where it will be credited to have revealed the alleged breach in the following five days after the occurrence. However, the interposition of any claim deriving from the contract does not exempt the customer from payment of the trip. The place of indications of actions is provided in Article 13 of Law 21/95. As to the limit of compensation for bodily injury resulting from failure or improper performance of the services included in the package travel, it is the provision of international conventions on the subject. As refers to damage other than bodily injury, compensation does never exceed the total price of the trip. In any case the Agency is responsible for the costs of accommodation, food, transport and others that arise as a result of delays in departures or returns of transportation due to weather or technical causes, strikes or other force majeure. When the journey is performed in owned or leased by the Organizing Agency coaches, in case of accident, whatever the country where it occurs, the consumer is expressly subjected to the legislation of road accidents in which the nation finds registration of the vehicle, remains eligible, in case of personal injury, to insurance according to the corresponding table of indemnities provided for this purpose, and under such compensation would it be paid to stakeholders, beneficiaries or their legal representatives in the country of registration of the vehicle and precisely in the legal currency. In air travel , the appearance will be made at the airport with minimal advance of an hour and a half before the official departure time, and in any case should be followed the specific recommendations indicated in the informative travel documents. However, it is recommended that the customer reconfirm times of flights forty-eight hours before the departure.
INSURANCE The package travel covers the travel accident insurance.
VALIDITY The programming of this travel is stipulated in package travel subject.