Travel agency "Ventura Tours" owned by Laura Ventura Camacho with NIF 40934564-S and registered office in Ronda dels Campets nº 2 2º 4ª of Alcanar, registered as a retail travel agency with the Generalitat de Catalunya.
Laura Ventura Camacho has the guarantee of combined trips provided in the article 252-10 of the Consumer Code of Catalonia, formalized through surety policy no.020S02181CAV, the details of which are given below:
Guarantor entity name: Grupo Innovac
Guarantor entity contact telephone number: +34 96 369 28 61
Email contact guarantor entity: firstname.lastname@example.org
The reservation of any of the trips included in this website, implies the total acceptance of these General Conditions that are considered automatically incorporated into the contract, without the need for a written transcript.
It is) Recruitment of the combined trip
1. Pre-contractual information
1. Before the traveler is bound by any package travel contract or corresponding offer, the organizing agency or, where appropriate, the retail agency, will deliver to the traveler the standard information form for combined travel contracts, as well as the rest of the characteristics and information of the trip in accordance with the provisions of current legislation.
2. People with reduced mobility who wish to receive precise information on the suitability of the trip according to their special needs, in order to assess the possibility and feasibility of contracting the trip according to its characteristics, must inform the organizing agency or, where appropriate, the retail agency, such a situation so that they can be provided with information to that effect.
According to what is established in the CE Regulation 1107/2006, is understood as a person with reduced mobility, any person whose mobility to participate in the trip is reduced for reasons of physical disability (sensory or locomotor, permanent or temporal), intellectual disability or deficiency, or any other cause of disability, or by age, and whose situation requires adequate attention and adaptation to their particular needs of the service made available to the other participants in the trip.
3. The pre-contractual information provided to the traveler in accordance with the sections to), c), d), e) y g) of the article 153.1 of the Royal Legislative Decree 1/2007, will form an integral part of the combined travel contract and will not be modified unless expressly agreed by the travel agency and the traveler. The organizing agency and, where appropriate, the retail agency, before the combined travel contract is concluded, communicate clearly to the traveler, understandable and prominent, all changes to pre-contractual information.
2. Information on provisions applicable to passports, visas and vaccinations
- The agency has the duty to inform about the health formalities necessary for the trip and the stay, as well as on the conditions applicable to travelers in terms of passports and visas, including the approximate time for obtaining visas, and will be responsible for the correctness of the information provided.
- The traveler must obtain the necessary documentation to make the trip, including passport and visas and that referring to health formalities. All damages that may arise from the lack of this documentation will be your responsibility., and in particular, the expenses produced by the interruption of the trip and its eventual repatriation.
- If the agency accepts the traveler's request to process the necessary visas for any of the destinations included in the itinerary, may demand the payment of the cost of the visa, as well as the management expenses for the procedures that must be carried out before the corresponding diplomatic or consular representation.
In this case, The agency will be responsible for the damages that are attributable to it..
3. Reservation request
- To formalize the reservation, the following steps must be followed: The client must fill out the web form that is found in each trip, specifying that you want to reserve a place for that trip. You must make a 1st payment of 50% of the total trip and send the documentation that is requested to make up the place.
- If the agency has agreed to manage the reservation, it will be responsible for technical errors that occur in the reservation system that are attributable to it and for errors made during the reservation process..
- The agency will not be responsible for reservation errors attributable to the traveler or that are caused by unavoidable and extraordinary circumstances..
4. Reserve confirmation
The perfection of the combined travel contract occurs with the confirmation of the reservation. From that moment the combined travel contract is mandatory for both parties.
5. payment schedule
- At the time of confirmation of the reservation, the consumer must pay the 50% of the price of the combined trip, unless a different amount is established in the combined travel contract.
- Payment of the remaining price must be made no later than 15 days before departure, unless a different payment schedule is established in the combined travel contract.
- If the traveler does not comply with the payment schedule, The agency may terminate the contract and apply the rules established for the resolution of the trip by the traveler before the departure provided for in Clause 13.
b) Rules applicable to package travel benefits
The benefits that make up the combined travel contract result from the information provided to the consumer in the pre-contractual information and will not be modified unless the travel agency and the traveler expressly agree as provided in Clause 1.3.
Before the start of the trip, the travel agency will provide the traveler with receipts, vouchers and tickets necessary for the provision of services.
Unless otherwise indicated in the pre-contractual information or in the particular conditions of the contract:
- In relation to those countries in which there is an official classification of hotel establishments or any other type of accommodation, the program includes the tourist classification that is granted in the corresponding country.
- The occupancy hours of the rooms depend on the norms established in each country and accommodation.
- c) Triple or quadruple rooms or cabins are generally double rooms to which one or two beds are added, which are usually a sofa bed or a folding, except in certain establishments where two larger beds are used instead of additional beds.
- The traveler must show up at the place indicated for departure with the advance notice indicated by the travel agency.
- The loss or damage that occurs in relation to hand luggage or other objects that the traveler carries with them will be at their sole risk and expense while they are in the custody of the traveler..
9. Other services
- As a rule, full board includes continental breakfast, lunch, dinner and accommodation. The half board regime, unless otherwise indicated, includes continental breakfast, dinner and accommodation. As a rule, these meals do not include drinks.
- special diets (vegetarians or special diets) They are only guaranteed if they are included in the special needs accepted by the organizer in the combined travel contract..
- The presence of pets will only be accepted if it is stated in the special needs accepted by the organizer in the combined travel contract..
c) Rights and obligations of the parties before the start of the trip
10. Contract modification
- The organizing agency may only modify the clauses of the contract before the start of the trip if the change is insignificant and the organizing agency itself or, where appropriate, the retail agency, inform the traveler of said change in a durable medium in a clear manner, understandable and prominent.
- If, before the start of the trip, the organizing agency is forced to make substantial changes to any of the main characteristics of the trip services or cannot comply with any previously accepted special requirements of the traveler, the organizing agency or, where appropriate, the retail agency will notify the traveler without delay, clearly, understandable and prominent, on a durable medium and the communication must contain:
- The substantial modifications proposed and, we proceed, its impact on the price;
- A reasonable period of time for the traveler to report their decision;
- The indication that if the traveler does not communicate the decision within the indicated period, it will be understood that he rejects the substantial modification and that, Thus, choose to terminate the contract without any penalty; and
- If the agency can offer it, the substitute package trip offered and its price.
The traveler may choose between accepting the proposed modification or terminating the contract without penalty.. If the traveler chooses to terminate the contract, he may accept a substitute combined trip that, where appropriate, offered by the organizing agency or the retail agency. Said substitute trip must be, if possible, of equivalent or superior quality.
If the modification of the contract or the substitute trip give rise to a trip of lower quality or cost, the traveler is entitled to an appropriate price reduction.
In the event that the traveler chooses to terminate the contract without penalty or does not accept the substitute package trip offered, the organizing agency or, where appropriate, the retail agency, will reimburse all payments made for the trip, within a period not exceeding fourteen calendar days from the date of termination of the contract. To these effects, The provisions of paragraphs will apply. 2 al 6 of the clause 22.
11. price review
- Prices may only be increased by the agency up to the 20 calendar days prior to departure. further, Said increase can only be carried out to adjust the amount of the price of the trip to the variations:
- It is) Of the currency exchange rates applicable to the organized trip.
- b) Of the price of passenger transport.
- c) The level of taxes or fees on the travel services included in the contract, required by third parties that are not directly involved in the execution of the package, including fees, tourist taxes and surcharges, landing and embarkation or disembarkation in ports and airports.
- The organizing agency or, where appropriate, the retail agency will notify the traveler of the increase, clearly and understandably, with a justification for this increase and will provide you with your calculation in durable support no later than 20 days before the start of the trip.
- The traveler will be entitled to a reduction in the price of the trip due to variations produced in the concepts detailed in the sections below.), b) y c) of the clause 11.1. In such cases, the organizing agency and, where appropriate, the retail agency, from said price reduction they will deduct the real administrative expenses of reimbursement to the traveler.
12. Assignment of the reservation
- The traveler may assign his reservation to a person who meets all the required conditions, in the package travel program and in the contract, to make the combined trip.
- The transfer must be communicated, on durable support, to the organizing agency or, where appropriate, to retail agency, with a minimum notice of 7 calendar days to the start date of the trip, which may only pass on to the traveler the costs actually incurred due to the assignment.
- In any case, The traveler and the person to whom the reservation has been assigned are jointly and severally liable to the agency for the payment of the rest of the price., as well as any commission, surcharge and other additional costs that the transfer may have caused.
13. Resolution of the trip by the traveler before the departure of the trip
- The traveler may terminate the contract at any time prior to the start of the trip and in such case, the organizing agency or, where appropriate, the retail agency, may require you to pay a penalty that is appropriate and justifiable. The contract may specify a standard penalty that is reasonable based on the anticipation of the termination of the contract with respect to the start of the trip and on the cost savings and income expected from the alternative use of travel services..
If the contract does not provide for a standard penalty, the amount of the penalty for the resolution will be equal to the price of the combined trip less the cost savings and the income derived from the alternative use of the travel services.
So in such cases, the organizing agency or, where appropriate, the retail agency, will refund any payment that would have been made for the combined trip, less the corresponding penalty.
- However, if unavoidable and extraordinary circumstances occur at the destination or in the immediate vicinity that significantly affect the execution of the trip or the transportation of passengers to the destination, The traveler may terminate the contract before it begins without any penalty and with the right to reimbursement of all payments on account of the trip that he may have made..
- Such refunds or returns, will be made to the traveler, discounting the corresponding penalty in the case of section 1 anterior, within a period not exceeding 14 calendar days after the termination of the combined travel contract.
14. Cancellation of the trip by the organizer before the departure of the trip
If the organizing agency, cancel the contract for reasons not attributable to the traveler, must repay all payments made by the traveler within a period not exceeding 14 calendar days from the termination of the contract. The organizing agency will not be responsible for paying any additional compensation to the traveler if the cancellation is due to:
- The number of people registered for the combined trip is less than the minimum number specified in the contract and the organizing agency, Or in her case, the retail agency, notify the traveler of the cancellation within the period set therein, which at the latest will be:
- 20 days before the start in case of trips of more than 6 days duration.
- 7 days on trips between 2 and 6 days.
- 48 hours on trips of less than 2 days.
- The organizer is unable to perform the contract due to unavoidable and extraordinary circumstances and the traveler is notified of the cancellation without undue delay before the start of the package.
15. Withdrawal before the start of the trip in contracts entered into outside the establishment
In the case of contracts concluded outside the establishment (understanding as such those defined in article 92.2 of the Royal Legislative Decree 1/2007), The traveler may withdraw from the contracted trip for any reason and without penalty, entitled to a refund of the price paid for the trip, within the 14 days after the conclusion of the contract.
d) Rights and obligations of the parties after the start of the trip
16. Duty to communicate any lack of conformity of the contract
If the traveler observes that any of the services included in the trip are not executed in accordance with the contract, the traveler must report the lack of conformity to the organizing agency or, where appropriate, to the retail agency without undue delay, taking into account the circumstances of the case.
It is understood as lack of conformity, the non-performance or incorrect performance of the travel services included in a package travel contract.
17. Rectification of any lack of conformity of the contract and non-performance, as agreed in the contract, of a significant part of travel services
- If any of the services included in the trip are not performed in accordance with the contract, the organizing agency and, where appropriate, the retail agency, shall remedy the lack of conformity, unless it is impossible or disproportionately costly, taking into account the seriousness of the non-conformity and the value of the affected travel services. In the event that the lack of conformity is not corrected, the provisions of Clause 22.
- If none of the above exceptions apply and a lack of conformity is not corrected within a reasonable period established by the traveler or the agency refuses to correct it or requires an immediate solution, the traveler himself may do so and request reimbursement of the necessary expenses for this purpose.
- When a significant proportion of the travel services cannot be provided as agreed in the contract, the organizing agency or, where appropriate, the retail agency, will offer at no additional cost suitable alternative formulas for the normal continuation of the trip and, also, when the return of the traveler to the place of departure is not carried out as agreed.
Said alternative formulas, if possible, they must be of equivalent or superior quality and if they were of inferior quality, the organizing agency or, where appropriate, the retail agency will apply an appropriate price reduction.
The traveler may only reject the alternatives offered if they are not comparable to what was agreed in the combined trip or if the price reduction is inadequate.
- When a lack of conformity substantially affects the execution of the trip and the organizing agency or, where appropriate, the retail agency has not corrected it within a reasonable period established by the traveler, The latter may terminate the contract without paying any penalty and request, where appropriate, both a price reduction and compensation for damages caused, in accordance with the provisions of Clause 22.
- If it is not possible to find alternative travel formulas or the traveler rejects them because they are not comparable to what was agreed on the trip or because the price reduction offered is inadequate, the traveler shall have the right, both to a price reduction and to compensation for damages, without terminating the package travel contract, in accordance with the provisions of Clause 22.
- In the cases detailed in sections 4 and 5 previous, if the combined trip includes the transport of passengers, the organizing agency and, where appropriate, the retail agency, They will also be obliged to offer repatriation to the traveler in equivalent transport without undue delay and at no additional cost..
18. Impossibility of guaranteeing return as provided in the contract due to unavoidable and extraordinary circumstances
- If it is impossible to guarantee the return of the traveler as provided in the contract due to unavoidable and extraordinary circumstances, the organizing agency or, where appropriate, the retail agency, will assume the cost of accommodation that is necessary, if possible of equivalent category, for a period not exceeding three nights per traveler, unless a different period is established in the European passenger rights regulations.
- The limitation of costs established in the previous section will not be applicable to people with disabilities or reduced mobility. (as defined in Clause 1.2 anterior) nor to his companions, to pregnant women, to unaccompanied minors, nor to people in need of specific medical assistance, if your particular needs have been reported to the organizing agency or, where appropriate, to retail agency, at least 48 hours before the start of the trip.
19. Duty of collaboration of the traveler to the normal development of the trip
The traveler must follow the instructions provided by the organizing agency, the retailer or its local representatives for the proper execution of the trip, as well as the regulations that are generally applicable to the users of the services included in the combined trip. In particular, On group trips, you will have due respect for the other participants and will observe a conduct that does not harm the normal development of the trip..
- Agency duty of care
- The organizing agency and, where appropriate, the retail agency, are obliged to provide adequate assistance without undue delay to the traveler in difficulty, especially in the case of extraordinary and unavoidable circumstances.
- Specifically, said assistance should consist of:
- It is) Provision of adequate information on health services, local authorities and consular assistance; and
- b) Assistance to the traveler to establish distance communications and help to find alternative formulas.
- If the difficulty has been caused intentionally or by negligence of the traveler, the organizing agency and, where appropriate the retail agency, may charge a reasonable surcharge for such assistance to the traveler. Said surcharge may not exceed the actual costs incurred by the agency.
e) Contractual liability for defective performance or non-compliance
21. Liability of travel agencies.
- The organizing agency and the retail agency will respond to the traveler for the correct fulfillment of the travel services included in the contract based on the obligations that correspond to them due to their scope of management of the combined trip., regardless of whether these services must be executed by themselves or by other providers.
- Notwithstanding the foregoing, The traveler may direct claims for non-compliance or defective performance of the services that make up the combined trip indistinctly before the organizing agency or the retail agency, that they will be obliged to report on the existing liability regime, process the claim directly or by referral to the appropriate person depending on the scope of management, as well as to inform the traveler of its evolution even if it is outside its scope of management.
- The lack of management of the claim by the retail agency will mean that it must respond jointly with the organizing agency against the traveler for the correct compliance with the obligations of the combined trip that correspond to the organizing travel agency due to its scope of management.. likewise, The lack of management of the claim by the organizing agency will mean that it must respond jointly and severally with the retail agency against the traveler for the correct compliance with the obligations of the combined trip that correspond to the retail agency due to its scope of management..
In these cases, it will correspond to the retail agency or the organizing agency, where appropriate, the burden of proof that you have acted diligently in handling the claim and, in any case, that it has started the management of the same immediately after its reception.
- The travel agency that is jointly and severally liable to the traveler for failure to manage the claim shall have the right of recourse against the organizing agency or retail agency to which the breach or defective performance of the contract is attributable based on their respective area of management of the combined trip.
- When an organizing agency or a retail agency pays compensation, depending on their scope of management, grant a price reduction or comply with the other obligations imposed by this law, may request compensation from third parties who have contributed to the occurrence of the event that gave rise to the compensation, to the reduction of the price or to the fulfillment of other obligations
- Right to price reduction, indemnification and limitations
- The traveler will be entitled to an appropriate price reduction for any period during which there has been a lack of conformity.
- The traveler shall be entitled to receive adequate compensation from the organizer or, where appropriate, of the retailer for any loss or damage suffered as a result of any lack of conformity of the contract.
- The traveler will not be entitled to compensation for damages if the organizer or, where appropriate, the retailer, demonstrate that non-conformity is:
- It is) Attributable to the traveler;
- b) Attributable to a third party unrelated to the provision of the contracted services and unforeseeable or unavoidable; O,
- c) Due to unavoidable and extraordinary circumstances.
- When the benefits of the combined travel contract are governed by international agreements, The limitations on the scope or conditions of payment of compensation by the service providers included in the trip will apply to the organizing agencies and retail agencies..
- When the benefits of the combined travel contract are not governed by international agreements: (i) The indemnities that may correspond to pay the agency for bodily harm or for damages caused intentionally or by negligence cannot be contractually limited; and (ii) The rest of the compensation that the agencies may have to pay will be limited to three times the total price of the combined trip..
- The compensation or price reduction granted by virtue of Royal Legislative Decree 1/2007 and that granted by virtue of the international regulations and conventions listed in article 165.5 of the same Royal Legislative Decree 1/2007, will be deducted one from the other in order to avoid excess compensation.
f) Claims and actions derived from the contract
- Applicable Law
This combined travel contract is governed by what is agreed between the parties and by what is established in these general conditions, in the current and applicable regional regulations, as well as the provisions of Royal Legislative Decree 1/2007, from 16 November, which approves the consolidated text of the General Law for the defense of consumers and users and other complementary laws.
24. Claims to the agency
- Notwithstanding the legal actions that assist you, The traveler may make written claims for the non-execution or deficient execution of the contract before the retail agency and/or the organizing retail and/or organizing agency to the postal addresses and/or email addresses informed by the travel agencies for this purpose.
- Within the maximum period of 30 days, The agency must answer in writing the claims made.
- Alternative Dispute Resolution
- Whenever, el consumidor y la agencia podrán recabar la mediación de la administración competente o de los organismos que se constituyan a tal efecto para hallar por sí mismas una solución del conflicto que sea satisfactoria para ambas partes.
- The consumer may direct their claims to the Consumer Arbitration Board that is competent. The conflict may be submitted to arbitration if the claimed agency had previously adhered to the consumer arbitration system (in which case the agency will duly notify the consumer of this) O, If the agency, despite not being a member, accepts the consumer arbitration request.
Claims involving intoxication cannot be subject to consumer arbitration, injury, death or there are reasonable indications of crime.
In the event of a consumer arbitration, the award issued by the arbitral tribunal designated by the Consumer Arbitration Board will resolve the claim presented definitively and will be binding on both parties.
- If the organizing agency and/or, where appropriate, the retail agency, are adhered to an alternative dispute resolution system or are required to do so by any standard or code of conduct, they will inform the traveler of such circumstance before the formalization of the combined travel contract.
26. Judicial actions
- If the dispute is not subject to consumer arbitration, The traveler may claim in court.
- The legal actions derived from the combined travel contract prescribe for the course of the period of two years.