General Terms and Conditions of Package Travel Contract

The technical organisation of the package tours included in this website corresponds to the travel agency ViatgesEstiber, S.A., whose details can be found in the section " WEBSITE TERMS OF USE " The package travel contract is regulated by what has been agreed between the parties, by what is established in these general conditions and by the current and applicable autonomous regulations, as well as by what is established in the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the protection of consumers and users and other complementary laws.

a. Before the customer is bound by any package travel contract or corresponding offer, the organising agency or, where applicable, the retail agency, shall generate the standard information form for package travel contracts, as well as the other characteristics and information of the trip according to the current legislation.

b. People with reduced mobility who wish to receive precise information on the suitability of the trip in accordance with their special needs, in order to assess the possibility and feasibility of contracting the trip according to its requirements, should inform the organising agency or, where appropriate, the retail agency, in order to receive the information required for this purpose.

c. According to Regulation EC 1107/2006, a person with reduced mobility is a person whose mobility to attend the event is reduced for reasons of physical disability ( sensory or physical, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation requires appropriate attention and adjustment to their particular needs of the service made available to the other participants in the journey.

d. The pre-contractual information provided to the customer according to paragraphs a), c), d), e) and g) of Article 153.1 of the Royal Legislative Decree 1/2007, shall form an integral part of the package travel contract and shall not be modified unless expressly agreed between the travel agency and the customer. The organising agency and, where applicable, the retail agency, prior to the conclusion of the package travel contract, shall communicate to the customer in a clear, comprehensible and highlighted way, all changes to the pre-contractual information.

a. The agency must provide information on the health formalities required for the journey and the stay, as well as on the passport and visa conditions applicable to customers, including the estimated delay for obtaining visas, and shall be responsible for the accuracy of the information provided.

b. The customer must obtain the required documentation for the journey, including passports, visas and health formalities. Any consequences resulting from the lack of the necessary documents shall be at the customer's expense, in particular the costs incurred by the interruption of the journey and possible repatriation.

c. If the agency accepts the customer's request to arrange the necessary visas for any of the destinations included in the itinerary, it may charge the cost of the visa as well as the administration costs for the formalities to be carried out before the corresponding diplomatic or consular representation.

d. In this case, the agency shall be liable for the damage for which it is responsible.

 

1. To make a reservation, please follow the steps below:

a. Search according to the user's desired parameters

b. Select the offer and, where appropriate, the options that the offer allows, including the number of people and all that the programme may request to make up the final offer.

c. If the user so wishes, he/she may choose to take out travel insurance or travel and cancellation insurance, the general and specific conditions of which are published on our website.

d. Enter data of the user and the other participants of the trip or activity.

e. Confirmation of the purchase by the user.

f. Entry of payment details and choice of payment method (where the specific offer allows a choice) and acceptance of the general terms and conditions and data protection policy.

g. In the event that during the booking process and before its completion, the user detects that he/she has made a mistake in entering data, he/she must go back to the corresponding screen where it can be corrected or start the booking process again.

h. At the end of the reservation, and in order to continue the purchase process, the customer must accept the general conditions in the link provided.

 

2. The agency shall be liable for technical errors in the booking system attributable to it and for errors made during the booking process.

3. The agency shall not be liable for booking errors attributable to the customer or caused by unavoidable and extraordinary circumstances.

The completion of the package travel contract occurs with the confirmation of the booking. From that moment on, the package travel contract is bindingforbothparties.

Viatges Estiber S.A. will store the contract in the company's database, without access by the user unless explicitly requested through the contact form on the Estiber.com website. 

 

a. The customer must pay the full amount of the booking at the time of confirmation except for cases where payment in instalments is permitted, the full amount of the booking must be paid before the start of the trip. You will find the payment schedule in yourbookingconfirmation.

b. If the customer does not comply with the payment schedule, the agency may terminate the contract and apply the rules for termination of the trip by the customer before the departure date as stipulated in Clause 13.

b) Applicable rules for thetravelpackageservices

The services that are included in the package travel contract result from the information provided to the consumer in the pre-contractual information and will not be modified unless the travel agent and the customer expressly agree to this as provided for in Clause 1.3.

Before the start of the trip, the travel agent will provide the customer with the receipts, vouchers and tickets necessary for the delivery of the service.

If not otherwise stated in the pre-contractual information or in the specific conditions of the contract:

a) For countries where there is an official classification of hotel establishments or any other type of accommodation, the website includes the tourist classification granted in the corresponding country. 

b) The occupancy schedule of the rooms depends on the rules 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, usually a sofa bed or a folding bed, except in certain establishments where, instead of additional beds, two largerbeds are provided.

1. The customer must be at the place of departure at the time indicated by the travel agent. 

2. Loss or damage occurring in connection with hand luggage or other items carried by the customer is at the customer's sole risk and expense while in the customer's custody.

1. In general, full-board accommodation includes continental breakfast, lunch, dinner and accommodation. Half board, unless otherwise stated, includes continental breakfast, dinner and accommodation. The meals do not normally include beverages.

2. Special diets (vegetarian or other special diets) are only guaranteed if this is stated in the special requirements accepted by the organiser in the package travel contract.

3.  The acceptance of pets is only possible if this is stated in the special requirements accepted by the organiser in thepackagetravelcontract.

Rights and responsibilities of the parties prior to the startofthetrip

1. The organiser agency may only change the terms of the contract before the start of the trip if the change is insignificant and the organiser agency itself or, where applicable, the retail agency, informs the customer of the change on a clearly understandable and highlighted way on a permanent support.

2. If, before the start of the trip, the organising agency is obliged to make substantial changes to any of the main aspects of the travel services or is unable to meet any special requirements of the customer previously accepted, the organising agency or, where applicable, the retail agency shall inform the customer without delay, in a clear, comprehensible and highlighted way, on a permanent support, and the communication must contain:

• The relevantc hanges suggested and, where appropriate, their impact on the price;

• A reasonable time limit for the customer to communicate his decision;

• An indication that if the customer does not communicate the decision within the time limit indicated, it will be understood that the customer rejects the substantial modification and therefore chooses to terminate the contract without penalty; and

• Iftheagency can provide it, the substitute package offered and itsprice.

The customer may choose between accepting the suggested modification or terminating the contract without penalty. If the customer chooses to terminate the contract, the customer may accept a substitute package offered by the organising agency or the retail agency. This substitute trip must, if possible, be of equivalent or superior quality.

If the amendment of the contract or the substitute holiday results in a holiday of lower quality or lower cost, the customer is entitled to an appropriate reduction in price.

In the event that the customer chooses to terminate the contract without penalty or does not accept the substitute package offered, the organising agency or, where applicable, 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. For these purposes, the provisions of paragraphs 2 to 6 of Clause 22 shall apply.

1. Prices may only be increased by the agency up to 20 calendar days prior to departure. In addition, suchan increase may only be carried out in order to adjust the price of the triptothechanges:

a) currency exchange rates applicable to the package.

b) the price of passenger transport derived from fuel or other forms of energy. 

c) the amount of taxes or charges on the travel services included in the contract, levied by third parties not directly involved in the execution of the package, including any tourist, landing, embarkation or disembarkation fees, taxes and surcharges at ports and airports.

2. The contract shall state the date on which the items set out in the previous paragraph were calculated so that the customer is aware of the reference for calculating price adjustments. 

 

The organising agency or, where applicable, the retail agency shall notify the customer of the increase, in a clear and comprehensible way, with a justification for this increase and shall provide the customer with its calculation on a permanent support no later than 20 days before the start of the trip.

 

1. The customer may transfer his booking to a person who fulfils all the conditions required in the package brochure, programme or offer and in the contract to carry out the trip.

2. The transfer must be communicated, on a permanent support, to the organising agency or, where applicable, to the retail agency, at least 7 calendar days before the start date of the trip, which may only charge the customer for the costs effectively incurred as a result of the transfer.

3. In any case, the customer and the person to whom he/she has transferred the booking are liable for the payment of the booking fees, as well as for any commissions, surcharges and other additional costs that may have been caused by the transfer.

1. The customer may terminate the contract at any time prior to the start of the trip and in such case the organising agency or, where applicable, the retail agency, may require the customer to pay an appropriate and justified penalty. The contract may specify a reasonable standard penalty based on how far in advance of the start of the journey the termination of the contract is made and the expected cost savings and revenue from the alternative use of the travel services.

If no standard penalty is provided for in the contract, the amount of the penalty for termination shall be equal to the price of the package minus the cost savings and revenue from the alternative use of the travel services.

Therefore, in such cases, the organising agency or, where applicable, the retail agency, shall refund any payment made for the package, minus 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 journey or the transport of passengers to the destination, the customer may terminate the contract before its start without penalty and with the right to a refund of all payments made for the trip.

3. The refund will be made to the customer, minus the corresponding penalty in the case of paragraph 1 above, within a period not exceeding 14 calendar days after the termination of the package travel contract.

 

 

If the organising agency cancels the contract for any reason not caused by the customer, it must refund the full amount paid by the customer within a period not exceeding 14 calendar days from the termination of the contract. The organising agency shall not be liable to pay any additional compensation to the customer if the cancellation is due to the following reasons:

A) The number of people registered for the package is less than the minimum number specified in the contract and the organising agency or, where applicable, the retail agency, notifies the customer of the cancellation within the period specified in the contract, which shall not be later than:

• 20 days before departure for trips with a duration of more than 6 days.

• 7 days for trips lasting between 2 and 6 days.

• 48 hours for trips of less than 2 days.

B) The organiser is unable to execute the contract due to unavoidable and extraordinary circumstances and the customer is notified of the cancellation without undue delay before the start of the trip.

 

 

In the case of contracts concluded off-site (understood as those defined in Article 92.2 of Royal Legislative Decree 1/2007), the customer may withdraw from the contracted trip for any reason and without penalty, with the right to a refund of the price paid for the trip, within 14 days following the conclusion of the contract.

Rights and responsibilities of the parties prior to the start of the trip

If the customer notices that any of the services included in the travel package are not performed in accordance with the contract, the customer must report the lack of conformity to the organising agency or, where applicable, to the retail agency without undue delay, taking into account the circumstances of the situation.

Non-performance or improper performance of the travel services included in a package travel contract is deemed to be non-conformity.

1. If any of the services included in the trip is not performed in accordance with the contract, the organising agency and, where applicable, the retail agency, must remedy the lack of conformity, unless it is impossible or disproportionate in cost, taking into account the seriousness of the lack of conformity and the value of the travel services affected. If the lack of conformity is not remedied, the provisions of Clause 22 shall apply.

2. If none of the above exceptions apply and a lack of conformity is not remedied within a reasonable period of time set by the customer or the agency refuses to remedy it or requires immediate remedy, the customer may do so himself and request a refund of the expenses necessary for this purpose.

3. When a significant proportion of the travel services cannot be provided as agreed in the contract, the organising agency or, where appropriate, the retail agency, shall offer, at no additional cost, suitable alternative arrangements for the normal continuation of the trip and also when the customer's return to the place of departure does not take place as agreed. 

These alternative arrangements shall, if possible, be of equivalent or superior quality, and if they are of inferior quality, the organising agency or, where applicable, the retail agency shall apply an appropriate price reduction.

The customer may only reject the alternatives offered if they are not comparable to what was agreed in the package or if the price reduction is inadequate.

4. Where a lack of conformity substantially affects the performance of the trip and the organising agency or, where applicable, the retail agency has not remedied it within a reasonable period set by the customer, the customer may terminate the contract without penalty and may request, where applicable, both a price reduction and compensation for damages, in accordance with the provisions of Clause 22.

5. If alternative travel arrangements cannot be found or are rejected by the customer because they are not comparable to the agreed travel arrangements or because the price reduction offered is inadequate, the customer will be entitled to both a price reduction and compensation for damages, without the package travel contract being terminated, in accordance with Clause 22.

6. In the cases detailed in paragraphs 4 and 5 above, if the package includes the transport of passengers, the organising agency and, where applicable, the retail agency, shall also be obliged to offer repatriation to the customer by equivalent transport without undue delay and at no additional cost.

 

1. If it is impossible to guarantee the return of the customer as foreseen in the contract due to unavoidable and extraordinary circumstances, the organising agency or, where applicable, the retail agency, shall bear the cost of the necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per customer, unless a different period is stipulated in the European passenger rights regulations.

2. The limitation of costs established in the previous section shall not apply to disabled people or people with reduced mobility (as defined in Clause 1.2 above) or to those travelling with them, to pregnant women, to unaccompanied minors, or to people in need of specific medical assistance, if their particular needs have been notified to the organising agency or, where applicable, to the retail agency, at least 48 hours before the start of the trip.

The customer must follow the instructions provided by the organising 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 package. In particular, on group trips, he/she shall show due respect for the other participants and shall behave in a way that does not interfere in the normal execution of the trip.

1. The organising agency and, where applicable, the retail agency, are obliged to provide adequate assistance without undue delay to the customer in difficulty, especially in the case of extraordinary and unavoidable circumstances.

2. In particular, such assistance shall consist of:

(a) Appropriate information on health services, local authorities and consular assistance; and

b) assistance to the customer in establishing remote communications and help in finding alternative arrangements.

3. If the inconvenience has been caused intentionally or through negligence on the part of the customer, the organising agency and, where applicable, the retail agency, may charge a reasonable surcharge for such assistance to the customer. This surcharge may not exceed the actual costs incurred by the agency.

 

1. The organising agency and the retail agency shall be liable to the customer for the correct fulfilment of the travel services included in the contract in accordance with the obligations corresponding to them due to their scope of management of the package, regardless of whether these services are to be performed by themselves or by other service providers.

2. Despite the above, the customer may address claims for non-fulfilment or defective fulfilment of the services that constitute the package travel indistinctly to the organising agency or the retail agency, which will be obliged to inform the customer about the existing liability regime, to process the claim directly or by means of referral to the appropriate person depending on the scope of management, as well as to inform the customer of the progress of the claim, even if it is outside its scope of management.

3. The failure of the retail agency to handle the claim will mean that it will be jointly and severally liable with the organising agency to the customer for the correct fulfilment of the obligations of the package that correspond to the organising travel agency due to its scope of management. Likewise, the organising agency's failure to manage the claim will mean that it will be jointly and severally liable with the retail agency to the customer for the correct fulfilment of the package travel obligations that correspond to the retail agency due to its scope of management.

In these cases, the retail agency or the organising agency, as the case may be, will have the burden of proof that it has acted diligently in the management of the complaint and, in any case, that it has initiated the management of the complaint immediately upon receipt.

4. The travel agency that responds to the customer for the non-management of the complaint will have the right of claim against the organising agency or the retail agency to which the non-fulfilment or defective fulfilment of the contract can be attributed, depending on their respective scope of management of the package.

5. Where an organising agency or a retail agency pays compensation, according to its scope of management, grants a price reduction or fulfils other obligations imposed by this law, it may seek compensation from third parties who have contributed to the occurrence of the event giving rise to the compensation, price reduction or fulfilment of other obligations.

1. The customer shall be entitled to an appropriate price reduction for any period during which there has been a lack of conformity.

2. The customer shall be entitled to appropriate compensation from the organiser or, where applicable, the retailer for any loss or damage suffered as a result of any lack of conformity of the contract. 

3. The customer shall not be entitled to damages if the organiser or, where applicable, the retailer proves the lack of conformity:

a) caused by the customer; 

b) caused by a third party not involved in the provision of the contracted services and unforeseeable or unavoidable; or, 

c) Due to unavoidable and extraordinary circumstances.

4. In cases where the performance of the package travel contract is regulated by international conventions, limitations on the scope or conditions of payment of compensation by the providers of services included in the package shall apply to organising agencies and retail agencies.

5. In cases where the performance of the package travel contract is not regulated by international conventions: (i) the compensation that may be payable to the agency for personal injury or damage caused intentionally or negligently may not be limited contractually; and (ii) other compensation that the agencies may have to pay shall be limited to three times the total price of the package.

6. The compensation or price reduction granted by the Royal Legislative Decree 1/2007 and the one granted by the regulations and international conventions listed in article 165.5 of the same Royal Legislative Decree 1/2007, will be deducted from each other in order to avoid overcompensation.

This package travel contract is regulated by what has been agreed between the parties and by what is established in these general conditions, by the applicable regional regulations in force, as well as by the provisions of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the protection of consumers and users and other complementary laws.

1. Without prejudice to the legal rights of the customer, the customer can make written complaints about the non-execution or deficient execution of the contract to the retail agency and/or the organising agency retailer and/or organiser at the postal addresses and/or e-mail addresses provided by the travel agencies for this purpose. 

2. Within a maximum period of 30 days, the agency must reply in writing to the complaints made.

 

1. At any time, the consumer and the agency may seek the mediation of the competent administration or bodies set up for this purpose in order to find a mutually satisfactory solution to the dispute on their own.

2. The consumer may address his complaints to the competent Consumer Arbitration Board. The dispute may be submitted to arbitration if the disputed agency has previously joined the consumer arbitration system (in which case the agency shall duly notify the consumer) or if the agency accepts the consumer's request for arbitration even though it is not a member.

Claims involving intoxication, injury, death or reasonable suspicion of criminal offence cannot be subject to consumer arbitration. 

In the event of consumer arbitration, the decision of the court appointed by the Consumer Arbitration Board shall be final and binding on both parties.

3. If the organising agency and/or, where applicable, the retail agency, are members of an alternative dispute resolution system or are obliged to do so by any rule or code of conduct, they shall inform the customer of this fact prior to the execution of the package travel contract.

 

1. If the dispute is not subject to consumer arbitration, the customer may take legal action. 

2. Legal action arising from the package travel contract shall be barred by the expiry of a period of two years.