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CONDITIONS OF LOOSE SERVICES
1.-Visas
2.-Insurance
3.-Flights
4.-Transfers
5.-Accommodation
6.-Bonohotel
7.-Excursions
8.-Circuits and Packages
9.-VIP Lounge / Airport assistance
10.-Transtur Cars
11.-Rex Cars / Rent with driver
12.-Fly and Drive Seagull
VISAS
Please note that to send the visa you will have to have at least 3 working days (does not include holidays or weekends) before the date of your departure.
The name and surnames must be filled in exactly as they appear in the passport with which you will be traveling.
The passport must be valid for 6 months from the departure of your flight. Keep until your departure, in case of loss immediately notify immigration to obtain a duplicate upon payment of the corresponding fee.
The visa allows a maximum stay of 30 days, extendable for an additional 30 days (directly in Cuba) for pleasure or recreation, it will not have a visa effect for other travel reasons.
For your departure it is essential to present it with your passport and ticket.
Not valid without the stamp of the entity that issued it.
Cuban citizens will not use this document.
This document is not valid with information
This visa is not valid for passport holders of: Cameroon, Eritrea, Ethiopia, Ghana, Guinea Conakry, Kenya, Nigeria, Sierra Leone, Somalia, India, Sri Lanka, Philippines, Afghanistan, Bangladesh, Nepal, Pakistan, Iran, Iraq Syria, Yemen, Uzbekistan and Guyana will have to go directly to the Consulate.
The Visa is not refundable, so in case there is an error and the payment is made, you must make the request again. In the case of the flight offer with the visa included, in the case of cancellation, the € 22 of the visa will always be charged as a penalty.
Spanish citizens can check the entry requirements in each country on the website of the Ministry of Foreign Affairs and Cooperation: www.exteriores.gob.es. In case of having another nationality we recommend that you consult your Consulate or Embassy.
The messaging for the Balearic and Canary Islands may take up to 3 more working days than expected.
INSURANCE
BASIC INSURANCE MEDICAL ASSISTANCE UP TO € 3,000
GUARANTEES AND LIMITS PER INSURED
Covered risks and amounts insured per person
1. Luggage:
1.1 Material losses € 150.00
3. Accidents may not be contracted higher capital per trip than those indicated in points 3.1 and 3.4 of the general condition of the policy.
3.1 Accidents during the trip in case of death € 6,000.00 in case of permanent disability € 6,000.00
4. People assistance
4.1 Medical, surgical, pharmaceutical and hospitalization expenses for expenses incurred abroad and derived from an illness or accident occurred abroad € 3,000.00
4.2 extension of hotel stay with 60.00 euros / day up to a limit of € 600.00
4.3 unlimited repatriation or medical transport of the wounded or sick
4.4 unlimited repatriation or transportation of deceased
4.5 displacement of a companion in case of unlimited hospitalization
4.6 stay of the displaced companion with 60.00 euros / day up to a limit of € 600.00
4.7 repatriation of an unlimited companion
4.9 return of the insured due to the death of an unlimited uninsured relative
4.10 return of the insured due to hospitalization of an unlimited uninsured relative
4.11 early return for serious loss at home or unlimited professional office
4.13 urgent shipment of non-existent medications abroad included
4.14 message transmission included
4.15 help locating and shipping baggage included
4.16 travel assistance included
6. Civil liability
6.1 Private civil liability € 60,000.00
Instructions to follow in case of loss:
Including 24-hour assistance service, with a collect call to the telephone number 91.344.11.55
For Luggage:
In case of theft, it will provide a copy of the complaint filed with the Police or Authority of the place, detailing the circumstances that occurred.
In case of damage or loss caused by the carrier, you must provide original certification issued by the Company. Carrier, in which the events occurred are recorded.
In case of delay, you must provide the original certification issued by the Company. Carrier.
Accidentally:
Report the event as soon as possible to Cía. ERGO Travel Insurance.
For Civil Liability:
You must submit a document in which the events occurred are detailed and you must provide all the documents that have been presented to you by the injured parties, indicating their name and address. You must not accept, negotiate or reject any claim without the express authorization of the INSURER.
Very Important: claims regarding the above risks will be made upon return from the trip, going to: Avda. De la Vega, 24-28108 Alcobendas - Telephone: 91.387.46.97 fax: 91.387.46.98
Por Asistencia:
Habrá de solicitar la asistencia por teléfono, debiendo indicar el nombre del asegurado, el número de póliza del seguro, el lugar y número de teléfono de donde se encuentra y la descripción del problema que tiene planteado.
Esta póliza es válida para residentes españoles cuando la salida es desde España a cualquier destino del mundo (teniendo en cuenta que en caso de no ser español, la repatriación sería a España), o para residentes de cualquier otro país que vienen a España.
SEGURO BASICO ASISTENCIA MEDICA HASTA 6.000€
GARANTÍAS Y LÍMITES POR ASEGURADO
Riesgos cubiertos y sumas aseguradas por persona
1. Equipajes:
1.1 Pérdidas materiales 300,00€
3. Accidentes no podrán contratarse capitales superiores por viaje a los indicados en los puntos 3.1 y 3.4 del condicionado general de la póliza.
3.1 Accidentes durante el viaje en caso de muerte 6.000,00€ en caso de invalidez permanente 6.000,00€
4. Asistencia personas
4.1 Gastos médicos, quirúrgicos farmacéuticos y de hospitalización por gastos incurridos en el extranjero y derivados de una enfermedad o accidente ocurridos en el extranjero 6.000,00€
4.2 Prolongación de estancia en hotel con 60,00. euros día hasta un límite de 600,00€
4.3 Repatriación o transporte sanitario de heridos o enfermos ilimitado
4.4 Repatriación o transporte de fallecidos ilimitado
4.5 Desplazamiento de un acompañante en caso de hospitalización ilimitado
4.6 Estancia del acompañante desplazado con 60,00.euros/día hasta un límite de 600,00€
4.7 Repatriación de un acompañante ilimitado
4.9 Regreso del asegurado por fallecimiento de un familiar no asegurado ilimitado
4.10 Regreso del asegurado por hospitalización de un familiar no asegurado ilimitado
4.11 Regreso anticipado por siniestro grave en el hogar o despacho profesional ilimitado
4.13 Envío urgente de medicamentos no existentes en el extranjero incluido
4.14 Transmisión de mensajes incluido
4.15 Ayuda a la localización y envío de equipajes incluido
4.16 Ayuda en viaje incluido
6. Responsabilidad civil
6.1 Responsabilidad civil privada 60.000,00€
Instrucciones a seguir en caso de siniestro:
Incluido servicio de asistencia 24 horas, con llamada a cobro revertido al teléfono 91.344.11.55
Por Equipajes:
En caso de robo, aportará copia de la denuncia presentada a la Policía o Autoridad del lugar, en la que se detallen las circunstancias ocurridas.
En caso de daños o pérdida ocasionada por el transportista deberá aportar certificación original extendida por la Cía. Transportista, en la que se haga constar los hechos acaecidos.
En caso de demora, deberá aportar la certificación original emitida por la Cía. Transportista.
Por Accidente:
Comunicar el suceso tan pronto como sea posible a Cía. ERGO Seguros de Viaje.
Por Responsabilidad Civil:
Deberá presentar un escrito en el que consten detalladamente los hechos acaecidos y facilitar cuantos documentos le hayan sido presentados por los perjudicados, indicando el nombre y dirección de los mismos. No debe aceptar, negociar o rechazar ninguna reclamación sin la expresa autorización del ASEGURADOR.
Muy Importante: las reclamaciones relativas a los riesgos anteriores se realizaran al regreso del viaje, dirigiéndose a: Avda. De la vega, 24-28108 Alcobendas – Teléfono: 91.387.46.97 fax: 91.387.46.98
For Assistance:
You will have to request assistance by phone, indicating the name of the insured, the insurance policy number, the place and phone number where you are, and the description of the problem you have.
This policy is valid for Spanish residents when the departure is from Spain to any destination in the world (bearing in mind that if they are not Spanish, the repatriation would be to Spain), or for residents of any other country that come to Spain.
BASIC INSURANCE MEDICAL ASSISTANCE UP TO € 30,000
The purchase of this insurance must be associated with any other service.
GUARANTEES AND LIMITS PER INSURED
Covered risks and amounts insured per person
1. Luggage:
1.1 Material losses € 300.00
3. Accidents may not be contracted higher capital per trip than those indicated in points 3.1 and 3.4 of the general condition of the policy.
3.1 Accidents during the trip in case of death € 6,000.00 in case of permanent disability € 6,000.00
4. People assistance
4.1 Medical, surgical, pharmaceutical and hospitalization expenses for expenses incurred abroad and derived from an illness or accident occurred abroad € 30,000.00
4.2 Extension of hotel stay with 60.00.-euros / day up to a limit of € 600.00
4.3 Unlimited repatriation or medical transport of the wounded or sick
4.4 Unlimited repatriation or transportation of deceased
4.5 Displacement of a companion in case of unlimited hospitalization
4.6 Stay of the displaced companion with 60.00.-euros / day up to a limit of € 600.00
4.7 Repatriation of an unlimited companion
4.9 Return of the insured due to the death of an unlimited uninsured relative
4.10 Return of the insured due to hospitalization of an unlimited uninsured relative
4.11 Early return for serious loss at home or unlimited professional office
4.13 Express shipment of non-existent medications abroad included
4.14 Transmission of messages included
4.15 Help with locating and shipping baggage included
4.16 Travel assistance included
6. Civil liability
6.1 Private civil liability € 60,000.00
Instructions to follow in case of loss:
Including 24-hour assistance service, with a collect call to the telephone number 91.344.11.55
For Luggage:
In case of theft, it will provide a copy of the complaint filed with the Police or Authority of the place, detailing the circumstances that occurred.
In case of damage or loss caused by the carrier, you must provide original certification issued by the Company. Carrier, in which the events occurred are recorded.
In case of delay, you must provide the original certification issued by the Company. Carrier.
Accidentally:
Report the event as soon as possible to Cía. ERGO Travel Insurance.
For Civil Liability:
You must submit a document in which the events occurred are detailed and you must provide all the documents that have been presented to you by the injured parties, indicating their name and address. You must not accept, negotiate or reject any claim without the express authorization of the INSURER.
Very Important: claims regarding the above risks will be made upon return from the trip, going to: Avda. De la Vega, 24-28108 Alcobendas - Telephone: 91.387.46.97 fax: 91.387.46.98
For Assistance:
You will have to request assistance by phone, indicating the name of the insured, the insurance policy number, the place and phone number where you are, and the description of the problem you have.
The purchase of insurance must be associated with any other service.
This policy is valid for Spanish residents when the departure is from Spain to any destination in the world (bearing in mind that if they are not Spanish, the repatriation would be to Spain), or for residents of any other country that come to Spain.
TRAVEL AND CANCELLATION INSURANCE
The purchase of this insurance must be associated with any other service.
GUARANTEES AND LIMITS PER INSURED
Risks covered amounts insured per person
1. Luggage:
1.1 Material losses € 300.00
4. People assistance
4.1 Medical, surgical, pharmaceutical and hospitalization expenses for expenses incurred abroad and derived from an illness or accident occurred abroad € 9,000.00
4.3 Unlimited repatriation or medical transport of the wounded or sick
4.4 Unlimited repatriation or transportation of deceased
4.7 Repatriation of an unlimited companion
7. Cancellation
7.1 Travel cancellation fees € 1,000.00
Instructions to follow in case of loss:
Including 24-hour assistance service, with a collect call to the telephone number 91.344.11.55
For Luggage:
In case of theft, it will provide a copy of the complaint filed with the Police or Authority of the place, detailing the circumstances that occurred.
In case of damage or loss caused by the carrier, you must provide original certification issued by the Company. Carrier, in which the events occurred are recorded.
In case of delay, you must provide the original certification issued by the Company. Carrier.
For trip cancellation:
IN CASE OF CANCELLATION OF TRIP, you must notify the Agency in which the trip covered by the Policy (which must be the same) at the time of the occurrence of a claim and notify the INSURER with a maximum of seven days from the occurrence of the same.
Very Important: claims regarding the above risks will be made upon return from the trip, going to: Avda. De la Vega, 24-28108 Alcobendas - Telephone: 91.387.46.97 fax: 91.387.46.98
The purchase of insurance must be associated with any other service.
This policy is valid for Spanish residents when the departure is from Spain to any destination in the world (bearing in mind that if they are not Spanish, the repatriation would be to Spain), or for residents of any other country that come to Spain.
FLIGHTS
When the client contracts an air ticket, both national and international, it will be subject to the specific conditions of the contracted rate, which will be specified in the selection of the RATE option flight.
The responsibility of Onlinetours towards the client for this service is limited, solely and exclusively, to the correct reservation and sale of the air ticket, since the transport contract is exclusively between the passenger and the airline, so that any incident related with the execution of the flight (cancellation, delay, overbooking) or the transport of your luggage, will be the exclusive responsibility of the airline, and the passenger must deal with the incident directly with the airline.
In the event of suffering any delay, loss or damage to your luggage, or any incident on your flight, it is recommended to present the recovery to the airline immediately (before leaving the airport).
All users are warned that, before starting the trip, they must ensure that they comply with all the requirements in terms of passports, visas and any other legal and health formalities necessary in order to enter, leave and circulate without problems through the country or countries of transit or destination. The travel agency and the airline are not responsible for the loss of the flight due to non-compliance with the requirements demanded by the country of destination or connection.
It is recommended that the client reconfirm the flight departure times forty-eight hours in advance. The tickets will be issued in electronic ticket format and will be sent by email within 24 hours.
The client is recommended to be at the airport at least 3 hours before the official departure time. And if the flight takes place during the holiday season, the recommendation is extended to 4 hours.
TRANSFERS
Collective transfers are regular line buses with established schedules according to the starting point.
Children from 0 to 1.99 years, travel free as long as they share a seat with an adult.
ACCOMMODATION
When the client contracts an accommodation it will be subject to the specific conditions of the contracted rate.
The hotel rates we offer are not valid for residents in Cuba. If you book through our website, you will be charged the normal hotel rate once you arrive at the reception.
Residents of Cuba please contact us for more information and prices.
BONOHOTEL
Hotel Bonus Program offers you the possibility of buying BONUSES (for a minimum of one adult and a maximum of 2 adults and one child free), with breakfast included. These vouchers will allow you to stay in any of the hotels that we have related to you. You choose freely depending on your preferences and itinerary. Each voucher is equivalent to one night's accommodation, and to register at the hotel you only have to present it upon arrival. Incidental expenses not covered by the program must be paid upon leaving the hotel.
1. Prices are per night in Bed and Breakfast (CP). Obligatory the client must pay directly at the reception of the Hotel the all-inclusive supplement in the hotels that are required. (YOU)
2. Prices apply to standard rooms in all hotels and without exception, with a maximum capacity of 2 adults + 1 child per room. If there are two (2) children they will be placed in separate rooms and will present one (1) additional bonus per night.
3. Children from 0 to 12 years old are free on a bed and breakfast basis sharing a room with 1 or 2 adults.
4. The only valid document for payment at the hotel is the Hotel voucher, which will be delivered directly by the client at the time of lodging, and must provide a voucher for each night of accommodation, per room.
5. Hotels can be booked in advance if the client so requests. In case of loss of the bonds, the client loses all the right to stay, even if the reservation has been made in advance.
6. The voucher is valid for 1 year from the date of purchase, and its amount is not refundable if it is not used, or exchangeable for another service that we offer.
7. This program works under hotel availability. Despite this, if you insist on booking before departure: hotels and specific dates, you can request hotel reservations subject to availability, and you must wait for our Reservation Center to send you an email confirming the reservation and informing you that the procedure has been sending it by ordinary mail. The confirmation period will depend on the season and the events that take place on the requested dates. It is advisable to process it with a time frame greater than 2 weeks.
EXCURSIONS
You must reconfirm 24 / 48h before the place and time of collection of your services.
Please note that people with Cuban nationality will not be allowed to make excursions in which the participants have to get on board any maritime vessel.
SUBMARINE EXCURSIONS
The minimum age to dive is 15 years old. People from 15 to 18 years old must be authorized by their parents or legal guardians.
Anyone who wants to purchase an ACUC course must carry a personal passport-type photograph with them.
It is prohibited to travel by plane before 24 hours after the last dive.
At destination, the client must sign a declaration of exemption from liability, which is an international document that releases the diving center and its employees from any incident that may occur.
The extraction of marine flora and fauna, underwater hunting and the disposal of trash into the sea are prohibited.
You will need to maintain 1.5 meters from the coral formations to preserve the marine environment.
It is forbidden to wear lotions or skin bronzers applied to the skin, unless they are biodegradable.
CIRCUITS AND PACKAGES
The place and time of collection must be reconfirmed 48h before.
The circuits are governed by the general conditions of the combined travel contract.
VIP LOUNGE AND ASSISTANCE AT THE AIRPORT
When the client contracts an accommodation it will be subject to the specific conditions of the contracted rate.
TRANSTUR CARS
1. It is essential to take the printed voucher to pick up the car, as well as make all payments by credit card. For it, double authentication is enhanced, with which you will receive a transaction validation code by SMS or email and therefore the client must have active roaming or access mobile data or Wi-Fi. This implies that the rental office may request the client's card details (number, month and year of expiration and CVV). Cash is not accepted.
2. Car categories are confirmed, not models.
3. The collection or return of the car in terminals of the international airports of Cuba, has a supplement of 20 usd, which is included as long as it has been specified to Onlinetours at the time of making the reservation. If not specified, it will be paid by the owner of the reservation directly at the destination.
4. The price includes the daily rent, plus the transmission that the client has contracted. The daily insurance or liability waiver will or will not be included in the price, depending on the modality that the client has contracted. In case of not having hired the car with the insurance paid at the agency, it is mandatory to pay it at destination as well as the guarantee deposit, payment by credit card, cash will not be accepted.
GUARANTEE CATEGORY
- Economic 150/200 USD
- Medium 200 USD
- Medium High / Jeep High Std. 250/300 USD
- Premium / Van 250 USD
5. The vehicle may be supplied only with the fuel established by contract.
6. Driving license: Minimum age 21 years, minimum 2 years of experience, maximum 74,99 years. In addition to the driving license, a passport is required upon removal of the vehicle at the destination. The vehicle can only be withdrawn by the holder of the reservation, no name changes can be made, and in the event that it does not carry the appropriate documentation, the total amount paid is lost and it cannot be withdrawn by another user. The international card will only be valid bearing the original card of the country of origin.
7. The reservation center will issue a confirmation number, which constitutes the service identifier and its presence in the rental voucher is mandatory for its execution.
8. It is the client's obligation to comply with all the conditions and terms established in the Rental Agreement that will be delivered to him to sign at the Rental Point. Any deficiency or non-compliance must be claimed "in situ" so that it can be solved, it will also be necessary to deliver to the agency the copy of the contract signed at the premises of the Rental Office. Claims subsequent to the return of the vehicle will not be accepted.
9. It is the client's responsibility to have medical insurance, the insurance that is paid for the car rental (liability release), does not include any medical part.
10. At the opening of the contract at the rental agency, the user will be charged for the obligations not declared in the voucher: liability waiver and any other charge linked to the specific service (baby seat, additional driver, drop off in the case of that has not been declared at the time of making the reservation in Onlinetours, or other concepts).
11. The car must be delivered at the time agreed in the contract or up to 3 hours later. Failure to comply with it will proceed to charge the amount equivalent to 1 extra day without extension.
12. In the event of an accident, total or partial theft, the Agency closest to the place of the event must be reported and the police must be reported, which will serve to determine the guilt or not of the client.
13. The user may return the vehicle at any of the sales offices throughout the territory. When the return is made in a sales office other than the one that opened the car rental contract, the user will have to pay a return or drop-off supplement depending on the way in which it has been declared:
Directly to Onlinetours when declared at the time of booking.
At destination in the event that the holder of the reservation has not made the drop off payment to Onlinetours.
14. When the user exceeds his account in the time agreed in the vehicle lease, he must pay the extra days rate according to the public rate in force at the time of the return of the vehicle without the right to extension.
15. The extension that is requested by the user, outside the protection of THE AGENCY, at the time of settlement of the lease, will be executed at the current public rate and will be paid directly by the user at the Cubacar sales office. . At the same time, if he had an accident of which he was guilty or not and he communicates it after 12 hours of the expiration of the contract, he will pay all the damages and will be charged the extra day without insurance.
16. Modifications are not allowed, any change produces the cancellation and the new request.
In the case of cancellation, according to the reserved modality:
Reserves confirmed by "Riesgo":
Once the reservation is confirmed, a €30 penalty + 50% of the total rent will be charged.
Within the 7 days prior to pick-up, no refund is applicable for reservations contracted for 7 days of car rental. The days that exceed 7 will be reimbursed.
Reservations confirmed by "Disponibilidad":
Once the reservation is confirmed, a €30 penalty + 50% of the total rent will be charged.
Between 60 and 40 days prior to collection, 50% of the total rent will be charged.
Between 39 and 15 days prior to collection, 75% of the total rent will be charged.
Less than 14 days prior to collection, no refund is applicable.
17. After the time of rereading without the presentation of the user, in the sales office agreed upon request, it will be considered as NO SHOW due to non-presentation of the user. The time will be 5 hours after the confirmed time.
18. NO SHOW, THE AGENCY will charge the client the amounts reflected in point 16, provided that the client notifies at most 24 hours after the day that he should have made the collection.
19. In the event that the client returns the car before the date agreed in the contract, 3 more days of rent than those used will be charged, and the total paid must be a minimum of 7 days of rent. Provided you contact Onlinetours on the same day the car is returned.
20. The payment of liability release coverage exonerates the responsibility of payment to the agency and the user for:
- Damage to the vehicle
- Loss of the vehicle.
- Fire.
- Total or partial theft (except tires and music equipment).
- Shock or overturn.
- Accidents, provided that:
a) drive a person authorized in the vehicle lease.
b) the driver is not under the influence of alcohol.
c) the driver has not used illegal drugs.
- Natural disasters.
- Damage caused to the property of others or injuries to third parties that are caused when driving a vehicle on public roads.
21. In all the cases described in the preceding clause, the user must immediately notify the competent authorities and present to the Agency or Sales Office of Cubacar, before or at the time of settlement of the car rental contract, the proof of the police having filed a complaint in the event of loss or theft; and in the case of an accident, a report from the police of the place of the event or from the Cubacar inspectors. Through this documentation it is determined if the user has fulfilled the obligations that make him exempt from payment for the damages caused according to the liability release coverage he has paid.
22. When by means of the documents described above, it is determined that the user has not fulfilled the obligations that make him exempt from payment for the damages caused, he is obliged to pay the amount corresponding to all the damages according to the list. of prices of Cubacar.
23. The coverage covers the client, during the term of the car lease and in the event of an accident up to twelve (12) hours after its expiration.
24. The coverage offered by Cubacar does not proceed in the event that any of the following aspects occurs:
- Theft of tires and / or audio equipment.
- Partial or total theft, accident or fire due to the negligent action of the user, when it is proven by the competent authorities that he has been driving while intoxicated or under the influence of illegal drugs or the like, or when the vehicle is driven by a non-driver authorized in the lease.
In the event of any of the aforementioned aspects, the client will be held responsible for all damages caused to the vehicle and to third parties, being responsible for payment of the total amount of damages caused.
25. Cubacar is responsible for indemnifying the third party only within the limits of coverage established in the policy it has, which does not include medical expenses that may arise as a result of injuries caused by accidents.
26. Cubacar offers the technical assistance service on the road throughout the national territory free of charge, except if the causal breakdowns of the assistance are the result of negligent action or forgetfulness of the user.
27. Notice to receive technical assistance on the road will be made by calling: 838 3995 and 96. This service is available 24 hours a day.
28. The technical assistance service on the road will be carried out as soon as possible after receiving the notice from the user or the agency directly. In the event that the technical assistance service on the road does not start after two hours from the notice, Cubacar is obliged to analyze the cause of the delay and evaluate whether the compensation in hours, days or categories of cars is appropriate. higher, as determined by Cubacar, for each specific case.
29. Cubacar, makes the change of car or makes repairs for breakdowns that the cars rented by the user may have on the way, specifically:
- Tire change
- Battery
- Electric problems
- Tupitions
- Minor breaks
30. In all cases, Cubacar shall record, where appropriate, in the copy of the car rental contract, the observations of the "Technical Assistance Service on the Road", in addition to the date, place of service and the fundamental cause thereof.
31. Since it is determined that there is no solution on the road, Cubacar will be responsible for the integrity of the car rented by the user until it is delivered to the place indicated by the Cubacar operations center.
32. Cubacar is obliged to take all the necessary steps to change the car for the user, only in the event that it is covered by the liability release coverage.
33. No services will be confirmed in Cayo Santa María, or openings, extensions or settlement of contracts.
34. The client is responsible for the violation of any, some or all of the clauses of the particular lease and for this purpose will be penalized accordingly.
35. Upon collection, the vehicle will be received with a full fuel tank (if the voucher indicates that it includes it) and it can be returned empty. In the event that the voucher does not indicate that it includes fuel in its collection, the tank will be returned full on delivery.
36. The car rental company reserves the right of admission for customers it considers unwelcome. Onlinetours has no jurisdiction over this statement. If you have made the reservation and are in this situation, no refund will be issued.
CARS FLY AND DRIVE SEAGULL
1. It is essential to bring the printed voucher to the car collection.
2. Car categories are confirmed, not models.
3. Once the type of car has been confirmed, no changes in driver name or category will be accepted.
4. The car warranty will be based on its category (between 200 and 350 CUC). This will be paid at destination and will be reimbursed to the customer upon return of the car, as long as it is delivered in the same conditions in which it was collected. This amount will be deposited by the client who has accepted the daily insurance payment. If the client does not take advantage of the daily insurance, he must deposit 600 CUC in guarantee.
5. The vehicle may be supplied only with the fuel established by contract. Upon collection, the vehicle will be received with a full tank which will be paid at the same time (approximately 70 cuc), and upon its return regardless of how the deposit is, no payment will be made for this concept.
6. Driving license: Minimum age 18 years, and at least 1 year of experience. In addition to the driving license, a passport is required upon removal of the vehicle at the destination. The vehicle can only be withdrawn by the holder of the reservation, no name changes can be made, and in the event that it does not carry the appropriate documentation, the total amount paid is lost and it cannot be withdrawn by another user. The international card will only be valid bearing the original card of the country of origin. The holder of the reservation cannot be a Cuban resident but can appear as an additional driver, upon direct payment at the destination. He will not be able to withdraw or return the vehicle.
7. It is the client's obligation to comply with all the conditions and terms established in the Rental Agreement that will be delivered to him to sign at the Rental Point. Any deficiency or non-compliance must be claimed "in situ" so that it can be solved, it will also be necessary to deliver to the agency the copy of the contract signed at the premises of the Rental Office. Claims subsequent to the return of the vehicle will not be accepted.
8. It is the client's responsibility to have medical insurance, since the insurance paid for by the car rental (liability release) does not include any medical part.
9. At the opening of the contract in the rental agency, the user will be charged for the obligations not declared in the voucher: security deposit, fuel and any other charge related to the specific service (surcharge at international airport, baby seat, driver additional, drop off or others). In the event of payments made at destination by Credit Cards and proceed at the end of the service with any refund, the customer will claim the amount corresponding to the Bank that represents him abroad to proceed with the refund.
10. The car must be returned at the time agreed in the contract. Failure to comply with it, we will proceed to charge the amount equivalent to 1 extra day without extension.
11. During the provision of the service and if necessary, the client will be obliged to present the car for maintenance services when appropriate, for the established mileage or for the inspections for automotive safety, in the facilities that are indicate.
12. In the event of an accident, total or partial theft, the Agency closest to the place of the event must be reported and the police must be reported, which will serve to determine the guilt or not of the client.
13. The user may return the vehicle at any of the sales offices throughout the territory. When the return is made in a sales office other than the one that opened the car lease, the user will have to pay a return or drop-off supplement. The following amounts are approximate, to be confirmed directly at destination:
*********** OJO AQUÍ VA LA TABLA DE LOS SUPLEMENTOS POR DROP OFF ******************
14. The extension that is requested by the user, outside the protection of THE AGENCY, at the time of settlement of the lease, will be executed at the current public rate and will be paid directly by the user at the Gaviotatours sales office . At the same time, if he had an accident of which he was guilty or not and he communicates it after 12 hours of the expiration of the contract, he will pay all the damages and will be charged the extra day without insurance.
15. In the case of cancellation once the reservation is confirmed, 30 euros will be charged as management costs + 50% of the total rent. Within 7 days prior to pickup, no refund will be made for car rental reservations of up to 7 days. Days that exceed 7 will be reimbursed.
16. After the time of rereading without the presentation of the user, in the sales office agreed upon request, it will be considered as NO SHOW due to non-presentation of the user.
17. NO SHOW, THE AGENCY will charge the client the amounts reflected in point 16, provided that the client notifies at most 24 hours after the day that he should have made the collection.
18. In the event that the client returns the car before the date agreed in the contract, 3 more days of rent than those used will be charged, and the total paid must be a minimum of 7 days of rent. Whenever you contact Onlinetours at on the same day the car is returned.
19. The daily insurance payment exonerates the responsibility of payment to the agency and the user for:
- Fire and lightning.
- Total robbery (except tires and music equipment).
- Shock or overturn.
- Natural disasters.
- Damage caused to the property of others or injuries to third parties that are caused when driving a vehicle on public roads.
20. In all the cases described in the preceding clause, the user must immediately notify the competent authorities and present to the Gaviotatours Agency or Sales Office, before or at the time of settlement of settlement of the car lease contract. , the police receipt of having made a complaint in case of loss or theft; and in the event of an accident, a report from the police at the scene or from the Gaviotatours inspectors. Through this documentation it is determined if the user has fulfilled the obligations that make him exempt from payment for the damages caused according to the liability release coverage he has paid.
21. When by means of the documents described above, it is determined that the user has not fulfilled the obligations that make him exempt from payment for the damages caused, he is obliged to pay the amount corresponding to all the damages according to the list. of Gaviotatours prices.
22. The coverage covers the client, during the term of the car lease.
23. The coverage offered by Gaviotatours, does not proceed in the event that any of the following aspects occurs:
Theft of tires and / or audio equipment.
Partial theft, accident or fire due to the negligent action of the user, when it is proven by the competent authorities that he has been driving while intoxicated or under the influence of illegal drugs or the like, or when the vehicle is driven by an unauthorized driver in the leasing contract.
23.1 - In the event that any of the aspects indicated above occurs, the client will be held responsible for all damages caused to the vehicle and third parties, being responsible for payment of the total amount of damages caused.
24. Gaviotatours is responsible for indemnifying the third party only within the limits of coverage established in the policy that it possesses, which does not include medical expenses that may arise as a result of injuries caused by accidents.
25. The client is responsible for the violation of any, some or all of the clauses of the particular lease and for this purpose will be penalized accordingly.
REX CARS
1. It is essential to collect the car to deliver the rental voucher, which among other data will include a confirmation number, which constitutes the identifier of the service and its presence on the rental voucher is mandatory for its execution.
2. Telephone of our office in Havana 8303030. Hours 09.00 - 17.00.
3. Online Emergency Telephone: 58697979.
4. The collection or return of the car in terminals of the international airports of Cuba, has a supplement of 20 CUC, to be paid at destination.
5. The price includes only the daily rent plus insurance, depending on the model chosen.
6. At the opening of the contract in the rental agency, the user will be charged for the obligations not declared in the voucher: fuel and any other charge related to the specific service (international airport surcharge, additional driver, drop off or others).
7. At destination the client must pay the deposit or guarantee according to the car model: Amount that will be returned to the car return if there are no additional charges (penalties **, additional drivers, traffic fines ...)
Categories and models Warranty
Mediums Cars 200
Manual standard 200
Automatic standard 200
High standard 250
Premium 250
Luxury 250
Automatic Jeep 250
Minivan (7 pax) 250
Penalties **
In case of loss of car key: 200 CUC
If the key stays in the car, they penalize 50 CUC in Havana and 100 CUC in the rest of the provinces.
If the client delivers the extremely dirty car or transports animals inside the car: 50 CUC
If the car is delivered by an additional driver: 50 CUC
For the loss of the car registration: 120 CUC
If the car is driven or returned by an unregistered person, the amount of the days pending use of the security deposit will be penalized
Loss of carpets: 50 CUC per set
8. To rent a car and pay the security deposit, the client will pay in cash, either partially or totally.
9. The vehicle may be supplied only with the fuel established by contract.
10. Driving license: Minimum age 21 years, minimum 1 year of experience. In luxury cars and family cars the minimum age is 25 years, with a minimum experience of 5 years. The international card will only be valid bearing the original card of the country of origin.
11. Any deficiency or non-compliance must be claimed "in situ" so that it can be resolved.
12. Franchise of kilometers: 350km / day. From the 3rd day of rental the mileage is free for all categories.
13. Additional drivers: There is the possibility of two additional drivers (different from the one who signs the contract) with a driving license with at least one year of experience. In this case, a charge of 10.00 cuc applies for each additional driver. They will not be able to collect or deliver the car, receive cash returns or request extensions. This can only be done by the driver. If the client leaves the car in charge of the additional driver for its return, he will be responsible for the payment of any damage detected at the end of the rental, as well as other charges agreed at the beginning of the negotiation, without the right to claim. In addition, a penalty of 50.00 CUC will be applied.
14. The rates for the payment of the kilometers traveled (that exceed the daily franchise) are:
CUC x KM categories
Mediums Cars 0.5
Manual standard 0.5
Automatic standard 0.5
High standard 0.5
Premium 0.5
Luxury 0.5
Automatic Jeep 0.5
Minivan (7 pax) 0.5
15. All the cars are insured against total or partial theft of the vehicle, crash, overturn, catastrophes and damages to third parties and their contracting with the daily rent is obligatory.
16. Modifications are not admitted, any change produces the cancellation and the new request.
Total economic exemption for damages to the integrity of the vehicle: By contracting this insurance, the client is totally exempt from financial responsibility for damages caused to the vehicle. In other words, this coverage is offered without a deductible. In the event of an accident in which the clauses established in the lease are not violated, the client will not pay the deductible or any additional payment.
17. The coverage is not valid for a driver who has not been registered in the contract since the beginning of the rental.
18. In the event of an accident or theft, the client must:
Immediately notify the closest competent authority to the place of the incident or contact, without additional charge, the services of the SEPSA company, available in Havana, Santiago de Cuba, Holguín, Villa Clara and Varadero.
Take the necessary safety measures with the vehicle, avoiding additional damage.
Fill out the damage report.
19. The client will assume the costs for the damages in the following cases:
If the police or SEPSA report establishes a violation of the contract clauses established in the lease, signed by the client.
Use of narcotics, alcohol or medications that impede the correct performance of the driving by the client or the additional driver, registered in the rental agreement.
If the car is driven by a person not registered in the rental agreement.
In the event that you do not file a police report or SEPSA report, you have accepted any of the two aforementioned coverages.
20. It is the client's responsibility to have medical insurance, the insurance that is paid for the car rental (liability release), does not include any medical part.
21. The user may return the vehicle at any of the REX sales offices in the country without a drop off charge.
22. In cities where there are no REX offices, the car can be positioned for collection or return, paying these supplements at destination.
Place of delivery or collection CARGO CUC
SANTA CRUZ 60
SLAUGHTER 50
TRINIDAD 100
SANCTI SPIRITUS (CITY) 100
CAYO SANTA MARIA 120
CAYO GUILLERMO 40
SAINT LUCIA 70
GIFT LINEN 50
LAS TUNAS (CITY) 100
MOA 200
BAYAMO 100
GUANTANAMO (CITY) 100
BARACOA 250
PORTILLO TIDE 200
23. When the user exceeds his account in the time agreed in the vehicle lease, he must pay the extra days rate according to the public rate in force at the time of the return of the vehicle without the right to an extension. In addition to the daily charge according to the public rate, a penalty of 100 cuc will be charged for each day exceeded by the user.
24. The extension that is requested by the user, outside the protection of THE AGENCY, at the time of settlement of the lease, will be executed at the current public rate and will be paid directly by the user at the REX sales office . At the same time, if he had an accident of which he was guilty or not and he communicates it after 12 hours of the expiration of the contract, he will pay all the damages and will be charged the extra day without insurance.
25. In the event of cancellation once the reservation is confirmed, a penalty of 30eur + 50% of the total rent will be charged. Within the 7 days prior to collection, no refund is applicable, for reservations contracted for 7 days of car rental. Days exceeding 7 if they will be refunded
26. After the time of rereading without the presentation of the user, in the sales office agreed upon request, it will be considered as NO SHOW due to non-presentation of the user.
27. NO SHOW: THE AGENCY will charge the client the amounts reflected in point 25, provided that the client notifies at most 24 hours after the day that he should have made the collection
28. In the event that the customer returns the car before the date agreed in the contract, 3 more days of rent than those used will be charged, and the total paid must be a minimum of 7 days of rent. Whenever you contact Onlinetours the same day the car is returned
GENERAL CONDITIONS CAR RENTAL WITH DRIVER PER DAY
1- Kilometers limited to 150 daily.
2- The price includes: fuel, daily insurance, food expenses for the driver (within Havana).
3- The driver's working hours will not exceed 8 hours.
GENERAL CONDITIONS CAR RENTAL WITH DRIVER BY HOURS
1- The price includes: fuel, daily insurance, food expenses for the driver (within Havana).
2- The driver's working hours will not exceed 8 hours.
Kilometers limited to the 3 hour rate: 100 km included.
Kilometers limited to the 6 hour rate: 300 km included.
Kilometers limited to the 12 hour rate: 450 km included.
Price per extra kilometer (to be paid by the client at destination)
(d) Standard Mechanical high: 0.70 cuc
(D) Standard Alto automatic: 0,70 cuc
(e) Premium: 0.80 cuc
(E) Premium Plus: 0.80 cuc
(f) Luxury: 0.80 cuc
(F +) Luxury Plus: 0.80 cuc
(G) Jeep: 0.80 cuc
(H) Minivan: 0.80 cuc
(j) Luxury Van: 1.00 cuc
GENERAL CONDITIONS OF THE COMBINED TRAVEL CONTRACT
Contracting of the combined trip
1. Pre-contractual information
1. Before the traveler is bound by any combined travel contract or corresponding offer, the organizing agency or, where appropriate, the retail agency, will provide the traveler with the standard information form for combined travel contracts, as well as the other characteristics and information of the trip in accordance with the provisions of current legislation.
2. Persons 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 viability of contracting the trip according to its characteristics, must inform the organizing agency or, where appropriate, the retail agency, such a situation so that information can be provided for this purpose.
3. According to the provisions of Regulation EC 1107/2006, a person with reduced mobility is understood to be any person whose mobility to participate in the trip is reduced due to physical disability (sensory or locomotive, permanent or temporary), disability or intellectual deficiency, or any other cause of disability, or due to age, and whose situation requires adequate attention and adaptation to their particular needs of the service made available to other participants in the trip.
4. The pre-contractual information provided to the traveler in accordance with sections a), c), d), e) and g) of article 153.1 of Royal Legislative Decree 1/2007, will form an integral part of the combined travel contract and will not be modified unless the travel agency and the traveler expressly agree. The organizing agency and, where appropriate, the retail agency, before concluding the combined travel contract, will communicate to the traveler in a clear, understandable and prominent way, all the changes in the pre-contractual information.
2. Information on provisions applicable to passports, visas and vaccines
1. The agency has the duty to inform about the necessary health formalities for the trip and the stay, as well as about the conditions applicable to the travelers regarding passports and visas, including the approximate time to obtain the visas, and will be responsible for correcting the information you provide.
2. The traveler must obtain the necessary documentation to carry out the trip, including the passport and visas and that referring to health formalities. All the damages that may derive from the lack of this documentation will be your account, and in particular, the expenses produced by the interruption of the trip and its eventual repatriation.
3. If the agency accepts the traveler's request to process the necessary visas for any of the destinations provided in the itinerary, it may demand the collection of the cost of the visa as well as the management costs for the procedures that must be carried out before the diplomatic representation or corresponding consular.
In this case, the agency will respond for the damages that are attributable to it.
3. Reservation request
1. The traveler who wishes to contract a combined trip makes a "reservation request". Following this request, the retail agency or, where appropriate, the organizing agency, undertake to take the necessary steps to obtain confirmation of the reservation.
2. If the traveler requests the elaboration of a proposal for a tailor-made combined trip, the agency may demand the payment of an amount for the preparation of the project. If the traveler accepts the combined travel offer prepared by the agency, the amount delivered will be charged to the price of the trip.
3. If the agency has agreed to manage the reservation, it will be responsible for the technical errors that occur in the reservation system that are attributable to it and for the errors made during the reservation process.
4. The agency will not be responsible for reservation errors attributable to the traveler or caused by unavoidable and extraordinary circumstances.
4. Confirmation of the reservation
The perfection of the combined travel contract occurs with the confirmation of the reservation. From that moment the combined travel contract is binding on both parties.
5. Payment schedule
1. At the time of booking confirmation, the consumer must pay 25% of the price of the combined trip, unless a different amount is established in the combined trip contract.
2. Payment of the remaining price must be made no later than 30 days before departure, unless a different payment schedule is established in the package travel contract.
3. If the traveler does not comply with the payment schedule, the agency may terminate the contract and apply the rules established for the resolution of the trip by the traveler before the departure provided in Clause 13.
Rules applicable to package travel benefits.
6. Benefits
The benefits that make up the combined travel contract result from the information provided to the consumer in the pre-contractual information and will not be modified unless the travel agency and the traveler expressly agree to it as provided in Clause 1.3.
In advance of the start of the trip, the travel agency will provide the traveler with the receipts, vouchers and tickets necessary for the provision of services.
7. Accommodation
Unless otherwise indicated in the pre-contractual information or in the particular conditions of the contract:
a) In relation to those countries in which there is an official classification of hotel establishments or any other type of accommodation, the brochure includes the tourist classification that is granted in the corresponding country.
b) The hours of occupation 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 bed, except in certain establishments where two larger beds are used instead of additional beds .
8. Transportation
1. The traveler must appear at the place indicated for departure with the advance notice indicated by the travel agency.
2. The loss or damage that occurs in relation to the hand luggage or other objects that the traveler carries with him will be at his sole risk and expense while in the custody of the traveler.
3. For air travel, it is recommended to present at the airport with a minimum of three hours in advance of the official departure time, and in any case, the specific recommendations indicated in the travel documentation provided when signing the contract will be followed. .
9. Other services
1. As a general rule, the full board regime includes continental breakfast, lunch, dinner and accommodation. The half-board regime, unless otherwise indicated, includes continental breakfast, dinner and accommodation. As a general rule, such meals do not include drinks.
2. Special diets (vegetarian or special diets) are only guaranteed if they are stated in the special needs accepted by the organizer in the combined travel contract.
3. The presence of pets will only be accepted if this is stated in the special needs accepted by the organizer in the combined travel contract.
Rights and obligations of the parties before the start of the trip
10. Modification of the contract
1. The organizing agency can 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, clearly inform the traveler of said change in durable support, understandable and outstanding.
2. If before the start of the trip the organizing agency is obliged to make substantial changes to any of the main characteristics of the travel services or is unable to comply with any special requirement of the previously accepted traveler, the organizing agency or, where appropriate , the retail agency will inform the traveler without delay, in a clear, understandable and prominent way, on a durable basis and the communication must contain:
· The proposed substantial modifications and, if applicable, their impact on the price;
· A reasonable period for the traveler to report his decision;
· The indication that if the traveler does not communicate the decision within the indicated period, it will be understood that he rejects the substantial modification and, therefore, chooses to terminate the contract without any penalty; Y
· If the agency can offer it, the substitute combined 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, they may accept a substitute package trip that, where appropriate, is 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 gives rise to a trip of lower quality or cost, the traveler is entitled to an appropriate reduction in price.
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 greater than fourteen calendar days from the date of termination of the contract. For these purposes, the provisions of sections 2 to 6 of Clause 22 shall apply.
11. Price review
1. Prices can only be increased by the agency until 20 calendar days prior to departure. Furthermore, said increase can only be carried out to adjust the amount of the price of the trip to the variations:
a) Of the currency exchange rates applicable to the organized trip.
b) The price of passenger transport derived from fuel or other forms of energy.
c) The level of taxes or fees on travel services included in the contract, demanded by third parties who are not directly involved in the execution of the combined trip, including tourist taxes, taxes and surcharges, landing and embarkation or disembarkation in ports and airports.
2. The contract will indicate the date on which the concepts set forth in the previous section have been calculated so that the traveler is aware of the reference to calculate the price revisions.
3. The organizing agency or, where appropriate, the retail agency will notify the increase to the traveler, in a clear and understandable way, with a justification of this increase and will provide their calculation in durable support no later than 20 days before the start of the trip. .
4. Only in the event that the price increase involves an increase of more than 8% of the price of the trip, the traveler may terminate the contract without penalty. In such case, the provisions of Clause 10 will apply.
5. The traveler will be entitled to a reduction in the price of the trip for variations produced in the concepts detailed in sections a), b) and c) of Clause 11.1. In such cases, the organizing agency and, where appropriate, the retail agency, will deduct the actual administrative expenses of reimbursement to the traveler from said price reduction.
12. Assignment of the reservation
1. The traveler may transfer his reservation to a person who meets all the required conditions, in the brochure, program or package offer and in the contract, to carry out the package trip.
2. The assignment must be communicated, in a durable medium, to the organizing agency or, where appropriate, to the retail agency, with a minimum notice of 7 calendar days from the start date of the trip, which can only be passed on to the traveler the costs actually borne by the assignment.
3. In any case, the traveler and the person to whom the reservation has been transferred 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
1. The traveler may terminate the contract at any time prior to the start of the trip and in this case, the organizing agency or, where appropriate, the retail agency, may require him to pay a penalty that is adequate 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 expected income for the alternative use of travel services.
If a standard penalty is not foreseen in the contract, 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.
Therefore, in such cases, the organizing agency or, where appropriate, the retail agency, will reimburse any payment that would have been made for the combined trip, less the corresponding penalty.
2. However, if unavoidable and extraordinary circumstances occur at the destination or in the immediate vicinity that significantly affect the execution of the trip or the transportation of passengers to the destination, the traveler may terminate the contract
before its start without any penalty and with the right to reimbursement of all payments on account of the trip it would have made.
3. Such refunds or returns will be made to the traveler, discounting the corresponding penalty in the case of section 1 above, within a period not exceeding 14 calendar days after the termination of the combined travel contract.
14. Cancellation of trip by the organizer before departure of the trip
If the organizing agency or, where appropriate, the retail agency, cancel the contract for reasons not attributable to the traveler, they must refund all the payments made by the traveler within a period not exceeding 14 calendar days from the termination of the contract. The agency will not be responsible for paying any additional compensation to the traveler if the cancellation is due to:
a) The number of people registered for the combined trip is less than the minimum number specified in the contract and the organizing agency, or in its case, the retail agency, notify the traveler of the cancellation within the period established therein, which more take will be:
· 20 days before the start in case of trips of more than 6 days duration.
· 7 days on trips of between 2 and 6 days.
· 48 hours on trips of less than 2 days.
b) The organizer is unable to execute the contract due to unavoidable and extraordinary circumstances and the traveler is notified of the cancellation without undue delay before the combo trip begins.
15. Withdrawal before the start of the trip in contracts concluded outside the establishment
In the case of contracts concluded outside the establishment (such as those defined in article 92.2 of Royal Legislative Decree 1/2007 being understood), the traveler may withdraw from the trip contracted for any reason and without penalty, with the right to a refund of the price paid in concept of the trip, within 14 days after the conclusion of the contract.
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 is not carried out 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 take into account the circumstances of the case.
17. Rectification of any lack of conformity of the contract and non-provision, as agreed in the contract, of a significant part of the travel services
1. If any of the services included in the trip is not performed in accordance with the contract, the organizing agency and, where appropriate, the retail agency, must correct the lack of conformity, except if it is impossible or has a disproportionate cost, taking into account the seriousness of the lack of conformity and the value of the affected travel services. In the event that the lack of conformity is not rectified, the provisions of Clause 22 will apply.
2. If none of the previous exceptions is present and a lack of conformity is not rectified 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 the reimbursement of the expenses necessary for this purpose.
3. When a significant proportion of the services of the trip 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 traveler's return to the place of departure is not carried out as agreed.
These alternative formulas, if possible, must be of equivalent or superior quality and if they are 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 package trip or if the price reduction is inadequate.
4. When a lack of conformity substantially affects the execution of the trip and the organizing agency or, where appropriate, the retail agency has not remedied it within a reasonable period established by the traveler, he may terminate the contract without paying any penalty and request, where appropriate, both a price reduction and compensation for the damages caused, in accordance with the provisions of Clause 22.
5. If it is not possible to find alternative travel formulas or the traveler rejects because they are not comparable to what was agreed on the trip or because the offered price reduction is inadequate, the traveler will be entitled to both a price reduction and compensation for damages, without termination of the combined travel contract, in accordance with the provisions of Clause 22.
6. In the cases detailed in sections 4 and 5 above, if the combined trip includes passenger transport, the organizing agency and, where appropriate, the retail agency, will also be obliged to offer repatriation to the traveler in equivalent transport. without undue delay and at no additional cost.
18. Impossibility of guaranteeing return as provided in the contract for unavoidable and extraordinary circumstances
1. If it is impossible to guarantee the return of the traveler as provided in the contract due to unavoidable and extraordinary circumstances, the organizing agency or, where appropriate, the retail agency, will assume the cost of the accommodation that is necessary, if possible of category equivalent, for a period not exceeding three nights per traveler, unless a different period is established in the European regulations on passenger rights.
2. The cost limitation established in the previous section will not be applicable to people with disabilities or reduced mobility (as defined in Clause 1.2 above) or their companions, pregnant women, unaccompanied minors, or to people in need of specific medical assistance, if their particular needs have been shared with the organizing agency or, where appropriate, with the retail agency, at least 48 hours before the start of the trip.
19. Duty of collaboration of the traveler to the normal development of the trip
The traveler must follow the instructions provided by the organizing agency, the retailer or their local representatives for the proper execution of the trip, as well as the regulations that are generally applicable to the users of the services included in the combined trip. In particular, in group trips, he will respect all other participants and observe behavior that does not harm the normal development of the trip.
20. Duty of agency assistance
1. The organizing agency and, where appropriate, the retail agency, are obliged to provide adequate assistance without undue delay to the traveler in difficulties, especially in the case of extraordinary and unavoidable circumstances.
2. Specifically, such assistance must consist of:
a) Provision of adequate information on health services, local authorities and consular assistance; Y
b) Assistance to the traveler to establish remote communications and help to find alternative formulas.
3. If the difficulty has originated intentionally or through the negligence of the traveler, the organizing agency and, where appropriate, the retail agency, may invoice a reasonable surcharge for said assistance to the traveler. Said surcharge may not exceed the actual costs incurred by the agency.
Contractual liability for defective compliance or non-compliance
21. Responsibility of travel agencies.
1. The organizing agency and the retail agency will respond jointly and severally to the traveler for the correct fulfillment of the combined travel contract.
Whoever responds to the traveler will have the right of repetition in front of the operator to whom the breach or defective fulfillment of the contract is imputable depending on their respective field of management of the combined trip.
2. The organizing agency and the retail agency will respond to the traveler both if they themselves carry out the benefits included in the package trip and if they are carried out by their auxiliaries or other service providers.
22. Right to price reduction, compensation and limitations
1. The traveler will be entitled to an adequate price reduction for any period during which there has been a lack of conformity.
2. The traveler will have the right to receive adequate compensation from the organizer or, where appropriate, from the retailer for any loss or damage suffered as a consequence of any lack of conformity of the contract.
3. The traveler will not be entitled to compensation for damages if the organizer or, where appropriate, the retailer, demonstrate that the lack of conformity is:
a) Chargeable to the traveler;
b) Attributable to a third party unrelated to the provision of the contracted services and unpredictable or inevitable; or,
c) Due to unavoidable and extraordinary circumstances.
4. When the benefits of the combined travel contract are governed by international agreements, the limitations on the scope or conditions of payment of compensation by the service providers included in the trip will apply to the organizing agencies and retail agencies.
5. When the benefits of the combined travel contract are not governed by international agreements: (i) the compensation that may be due to pay the agency for bodily injury or for damage caused intentionally or negligently may not be contractually limited. ; and (ii) the rest of the compensation that the agencies may have to pay will be limited to three times the total price of the combined trip.
6. The compensation or price reduction granted by virtue of Royal Legislative Decree 1/2007 and that granted by virtue of the international regulations and agreements related to article 165.5 of the same Legislative Royal Decree 1/2007, will be deducted from each other to in order to avoid excess compensation.
Claims and actions derived from the contract
23. Applicable Law
This combined travel contract is governed by 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 by the provisions of Royal Legislative Decree 1/2007, of November 16, by the that the consolidated text of the General Law for the defense of consumers and users and other complementary laws is approved.
24. Agency claims
1. Without prejudice to the legal actions that assist it, the traveler may make claims in writing for the non-execution or poor execution of the contract before the retail agency and / or the retail and / or organizing retail organizing agency to the postal addresses and / or email addresses reported by travel agencies for this purpose.
2. Within a maximum period of 30 days, the agency must reply in writing to the claims made.
25. Alternative conflict resolution
1. At any time, the consumer and the agency may request the mediation of the competent administration or of the bodies established for this purpose to find by themselves a solution to the conflict that is satisfactory to both parties.
2. The consumer may direct their claims to the competent Consumer Arbitration Board. The conflict may be submitted to arbitration if the requested agency had previously adhered to the consumer arbitration system (in which case the agency will duly notify the consumer of this) or, if the agency, despite not being adhered, accepts the consumer's request for arbitration. .
Claims in which poisoning, injury, death or there are rational signs of crime may not be subject to consumer arbitration.
In the event of a consumer arbitration, the award issued by the arbitral tribunal appointed by the Consumer Arbitration Board will resolve the claim presented definitively and will be binding on both parties.
3. If the organizing agency and / or, where appropriate, the retail agency, are adhered to any alternative dispute resolution system or are bound by a rule or code of conduct, they will inform the traveler of this circumstance before the formalization of the combined travel contract.
26. Legal actions
1. If the controversy is not subject to consumer arbitration, the traveler may claim in court.
2. The legal actions derived from the combined travel contract prescribe for the period of two years.
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