GENERAL CONDITIONS OF THE TRAVEL CONTRACT
1. APPLICABLE LEGAL REGULATION TRAVEL CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS.
These General Conditions are subject to the provisions of RDL 1/2007, of November, General Law for the defense of Consumers and Users, Law 7/1998, of April 13, on General Contracting Conditions (14/4 /98) and in Law 26/84, of July 19, for the Defense of Consumers and Users (BOE. 7/24/84) and other current provisions.
The organization of the trips included in this program has been carried out by FOSIL Expedition Services, a trade name owned by Federico Gómez López. When the trip contracted by the client had a different organizer, the details of the same will be indicated in the VOUCHER/travel CONTRACT that is provided to the consumer at the time of subscription.
3.1 The price of the trip includes: Round-trip transportation, when this service is included in the contracted program/offer, with the type of transportation, characteristics, and category that appears in the contract or in the documentation that is delivered to the consumer in the time to subscribe. Fees or taxes from hotel establishments, as well as indirect taxes, when applicable, and technical assistance during the trip, when this service is specifically included.
3.2 The price of the combined trip does not include: Visas, airport taxes, and/or entry and exit taxes, vaccination certificates, "extras", unless otherwise expressly agreed in the contract, and, in general, any other service that is not expressly listed in the "The trip price includes" section or is not specifically detailed in the program/offer, in the contract or in the documentation delivered to the consumer.
3.3. Excursions or optional visits. In the case of excursions or optional visits not contracted at source, it must be borne in mind that they are not part of the combined travel contract. Its publication in the brochure is for informational purposes only and the price is expressed with the indicative of "estimated".
4. PRICE REVIEW
The price of the package trip has been calculated based on exchange rates, transport rates, fuel costs and fees and taxes applicable on the date of publication of the programme/brochure or subsequent ones, if applicable. public in print.
Any variation in the price of the aforementioned elements may give rise, according to FOSIL's criteria, to the revision of the final price of the trip, in the strict amounts of the aforementioned price variations. These modifications will be notified to the consumer, in writing or by any means that allows proof of the communication made, and the latter may, when the modification made is significant, withdraw from the trip, without any penalty, or accept the modification of the contract.
5. METHOD OF PAYMENT. REGISTRATIONS AND REFUNDS
Prior reservation: The consumer who wishes to contract a service makes a "reservation request".
Following this request, FOSIL undertakes to take the appropriate steps to obtain confirmation of the reservation according to the number of places available or the period for which they have been requested.
When the consumer requests a place in one of the courses that are taught (driving, GPS, etc.), he or she may cancel their reservation up to 10 days in advance, having in this case the right to receive the amount of the full course. After that period, the amount will not be refunded, however, your place can be occupied by another person designated by the consumer.
In cases of cancellation during the previous 10 days and due to force majeure (weather, death of relatives, etc.) the amount will not be refunded, however the consumer will have 6 months to attend any of the courses scheduled at that time. period of time without having to pay any amount.
When the consumer requests a place in one of the raids or events organized throughout the year, it will be subject to the particular conditions of that event, which will be published in the corresponding section on the FOSIL website.
When the consumer requests the preparation of a tailor-made package, the Agency may require the payment of an amount for the preparation of the project. If the consumer accepts the offer of the trip prepared by the Agency, and it can confirm the services that it includes, the amount delivered will be charged to the price of the trip; as long as it cannot confirm them, the Agency must return the amounts delivered.
In the act of registration, the Agency may require an advance that in no case will be greater than 40% of the amount total of the trip, issuing the corresponding receipt in which it is specified, in addition to the amount advanced by the consumer, the trip requested. The remaining amount must be paid against the delivery of season tickets or travel documentation, which must be made at least seven days before the departure date (except in the case of advance booking). If the total price of the trip is not paid under the conditions indicated, it will be understood that the consumer withdraws from the trip by requesting it, and the conditions set forth in the following section will apply. Group travel prices are calculated with a minimum number of people traveling together; If the minimum stated in the brochure is not reached, the price will be changed or the trip will be cancelled. Any of the options must be communicated to travelers with a minimum of 10 days in advance. In addition, they will be detailed in the corresponding travel contract by occupation that are an additional part of the price. In this case, the participants will be notified of the application of these supplements at least ten days before departure. All refunds that are appropriate for any concept, will be formalized through the retail agency where the registration was made, not making any refund for services not used voluntarily by the consumer. The perfection of the combined travel contract occurs with the signing of both the contract and these conditions.
6. RIGHTS OF THE CONSUMER BEFORE THE TRIP
6.1 Assignment of reservation
The consumer of the trip may assign his reservation to a third person, requesting it in writing twenty days before the start date of the trip. The assignee will have to meet the same requirements as the assignor, generally required for the combined trip and both will be jointly and severally liable to FOSIL for the payment of the price of the trip and the additional expenses justified in the assignment.
The deposit will not be returned if the trip is canceled less than 15 days from the start date of the trip.
7. CONSUMER RIGHTS FOR TRIP ALTERATIONS
FOSIL undertakes to provide its clients with all the contracted services contained in the program-offer that has given rise to the travel contract, with the stipulated conditions and characteristics, all in accordance with the following points:
a) In the event that, before the departure of the trip, the Organizer is forced to significantly modify any essential element of the contract, including the price, it must notify the consumer.
b) In such a case, the consumer, unless written communication to the contrary, will be presumed to accept the modification of the contract in which the variations introduced and the impact on the price are contemplated. The consumer must communicate the aforementioned decision to the Organizer within three days of being notified of the modification referred to in section a). In the event that the consumer does not notify his decision in the indicated terms, it will be understood that he opts for the acceptance of the modifications to the contract without the receipt of any compensation. It is necessary to take into account the contracts subject to discounts for early booking that will be treated as stated in the contract itself and in any case if the termination of the contract were decided, the consumer would have the maximum right to return the amount paid.
c) In the event that the consumer chooses to terminate the contract, under the provisions of section b), or in which the Organizer cancels the trip before the agreed departure date, for any reason that is not attributable to the consumer, the latter will have the right, from the moment the contract is terminated, to reimbursement of all amounts paid, in accordance with it, or to carry out another combined trip of equivalent or higher quality, provided that the Organizer I can propose it. If the trip offered is of inferior quality, the Organizer must reimburse the consumer, where appropriate, depending on the amounts already paid, the difference in price, in accordance with the contract (this same right will correspond to the consumer who does not obtain confirmation of the reservation under the terms stipulated in the contract).
d) In the above cases, the Organizer will be responsible for paying the consumer the indemnity that may correspond to breach of contract, which will be 5 percent of the total price of the contracted trip, if said breach occurs between the two months and fifteen days immediately prior to the scheduled date of the trip; 10 percent if it occurs between fifteen days and three days before, and 25 percent in the event that the aforementioned breach occurs in the forty-eight hours before.
e) The Agency's responsibility to indemnify will cease in the following cases:
1. When the minimum number of participants in a group trip is not given, provided that it is communicated in writing at least 10 days before departure.
2. When the cancellation of the trip, except in cases of excess reservations, is due to reasons of force majeure, understanding as such those circumstances beyond the control of the person who invokes them, abnormal and unforeseeable, the consequences of which could not have been avoided, despite have acted with due diligence.
f) In no case, everything not included in the travel contract (such as, for example, transport tickets from the place of origin of the passenger to the place of departure of the trip, or vice versa, hotel reservations on days before or after to the trip, etc.) will be the responsibility of the Organizer, there being no obligation to indemnify for those possible expenses of independent services in the event that the trip is canceled for the reasons provided in paragraph e).
8. RIGHTS OF THE CONSUMER DURING THE TRIP
In the event that, after the departure of the trip, the Organizer does not provide or verifies that it cannot provide an important part of the services provided for in the contract, it will adopt the appropriate solutions for the continuation of the organized trip, without any price supplement. for the consumer, and, where appropriate, will pay the latter the amount of the difference between the benefits provided and those provided. If the consumer continues the trip with the solutions given by the Organizer, it will be considered that he tacitly accepts said proposals.
9. PRESCRIPTION OF ACTIONS
Notwithstanding the provisions of the preceding section, the limitation period for actions derived from the rights recognized in RDL 1/2007 of November 16 will be two years, as established in Article 165 of said RDL.
10. PRESCRIPTION OF ACTIONS
FOSIL will respond to the consumer, depending on the obligations that correspond to them for their respective scope of management of the combined trip, for the correct fulfillment of the obligations derived from the contract, regardless of whether they must be executed by themselves or by other service providers. and without prejudice to the right of the Organizers and Retailers to act against said service providers. The Organizer declares that it assumes the functions of organization and execution of the trip.
The Travel Organizers will be liable for the damages suffered by the consumer as a result of the non-execution or deficient execution of the contract. Said responsibility will cease when any of the following circumstances occurs:
1. That the defects observed in the execution of the contract are attributable to the consumer.
2. That said defects are attributable to a third party unrelated to the provision of the services provided for in the contract and are of an unpredictable or insurmountable nature.
3. That the aforementioned defects are due to reasons of force majeure, understanding as such those circumstances beyond the control of the person who invokes them, abnormal and unforeseeable whose consequences could not have been avoided, despite having acted with due diligence.
4. That the defects are due to an event that the Organizer, despite having put all the necessary diligence, could not foresee or overcome.
However, in the cases of exclusion of liability due to any of the circumstances provided for in numbers 2, 3 and 4, the organizer who is a party to the travel contract will be obliged to provide the necessary assistance to the consumer who is in difficulty.
10.2 Limits of compensation for damages
Regarding the limit of compensation for damages resulting from non-compliance or poor performance of the benefits included in the trip, the provisions of the international conventions on the matter will apply. The Organizing Agency declines all responsibility for personal injuries, accidents, illnesses en route, as well as theft in both hotels and buses, misplacement, deterioration or total loss of luggage, reminding travelers that there are insurance policies that cover these circumstances.
The organization is not responsible during the course of a trip, trekking, camping or expedition for physical discomfort caused by altitude, climate changes or the need to cross bridges, rivers or difficult passes.
In no case is FOSIL responsible for accommodation, maintenance, transport and other expenses that arise from force majeure.
11. DELIMITATION OF TRAVEL SERVICES
In the circuits, the coaches can vary in their characteristics depending on the number of participants. If a sufficient number of travelers is not reached at any departure, it is possible that a minibus or "van" is used that, unless expressly indicated otherwise, does not have reclining seats. Likewise, in the description of each circuit it is indicated whether or not the bus has air conditioning, understanding that it does not have it if nothing is indicated. Transportation in natural parks for photographic safaris is carried out in a "van" or in an all-terrain vehicle characteristic of the country. In all of the above cases, the design, structure, comfort and safety of the vehicle may not be adapted to Spanish norms and standards, but rather to those of the country of destination of the trip. If an accident occurs, the injured party must present the pertinent claim against the carrier entity in the respective country, in order to safeguard the insurance compensation of the latter, being supported and advised by FOSIL in whatever is necessary.
The quality and content of the services provided by the hotel will be determined by the official tourist category, if any, assigned by the competent body of your country. Given the current legislation in this regard, which establishes only the existence of single and double rooms, allowing a third bed to be fitted in some of the latter, it will always be considered that the use of the third bed is made with the consent of the people occupying it. the room. This tacit estimate derives from the certain circumstance of having been previously warned, as well as the fact that the room is reflected as triple in all the reservation forms provided to the consumer when paying the advance, in the contract and the tickets and/or travel documentation. which is delivered simultaneously to the signing thereof. Also in the case of double rooms for up to four people, with four beds, when so specified in the offer of the program/brochure. If any of the programs includes accommodation in a double, triple or multiple room, it is understood that it is to be shared with any member of the group that makes the trip.
The base prices of each program are per person and are based on double rooms, unless otherwise indicated, therefore the room for single use will carry a supplement that will generally be indicated in the contract except for reasons of force majeure.
If at the request of clients they stay in triple or quadruple rooms, in principle, as a general rule, there is no type of discount, applying the base price per person. In these cases, the Agency is not responsible for the room being considered by the hotel as a double with an additional bed, since, in general, triple rooms are very rare.
In certain countries, triple and quadruple rooms only have two double beds.
The usual time for check-in and check-out at hotels depends on the first and last service that the user will use. As a general rule and unless otherwise expressly agreed in the contract, the rooms may be used from 3:00 p.m. on the day of arrival and must be vacated before 12:00 p.m. on the day of departure.
When the contracted service does not include the permanent accompaniment of a guide and in the event that the user anticipates his arrival at the hotel or apartment reserved on dates or times other than those outlined, it is advisable, to avoid problems and misinterpretations, to communicate with as many possible anticipation of such a circumstance to the Organizing Agency, or to the hotel or apartments directly, as the case may be.
Likewise, you should consult the Agency, at the time of making the reservation, about the possibility of bringing animals, as they are generally not admitted in hotels and apartments. In the event of having confirmed the admission of animals and intending to travel with them, this circumstance must be stated in the contract.
The accommodation service will imply that the room is available on the corresponding night, understood to be provided regardless of whether, due to circumstances of the trip, the time of entry into it occurs later than initially planned.
On trips arriving at the destination point after 12:00 noon, the first hotel service, when it is included in the program/brochure offer, will be dinner. Likewise, on trips whose arrival at the destination takes place after 7:00 p.m., the hotel's first service will be accommodation.
13. SUPPLEMENTARY SERVICES
When users request supplementary services (for example, sea view rooms, etc.) that cannot be definitively confirmed by the Organizer, the user may choose to withdraw from the requested supplementary service or maintain their request while waiting for such services to be available. finally be lent to you.
14. PASSPORTS, VISAS AND DOCUMENTATION
All users, without exception (children included), must carry their corresponding personal and family documentation in order, be it a passport or ID, according to the laws of the country or countries being visited. It will be on their behalf when the trips require it to obtain visas, passports, vaccination certificates, etc. In the event that the granting of visas is rejected by any Authority, for particular reasons of the user, or their entry into the country is denied due to lack of the required requirements, or due to a defect in the required documentation, or for not being a bearer of the same, the Organizer declines all responsibility for events of this nature, being borne by the consumer any expense that arises, applying in these circumstances the conditions and rules established for cases of voluntary withdrawal of services. All users are also reminded, and especially those who have a nationality other than Spanish, that they must ensure, before starting the trip, that they have complied with all the applicable rules and requirements regarding visas in order to be able to enter without problems in all countries to be visited. Minors under 18 years of age must carry a written permit signed by their parents or guardians, in anticipation that it can be requested by any authority.
FOSIL, as one more service to its clients, will be able to take care of the necessary visa management, but it does not accept any type of responsibility in case of not having delivered the precise documentation.
The client is aware of the recommendations, preventions and/or warnings that the Ministry of Foreign Affairs makes to those who visit the country of destination and exonerates FOSIL from any responsibility in this regard and for any reason.
15. INFORMATION THAT FOSIL SHOULD PROVIDE TO THE CONSUMER
The consumer is informed that at the time of formalizing the contract, FOSIL must receive the pertinent information on the specific documentation necessary for the chosen trip, as well as advice on the optional subscription to insurance that covers cancellation expenses and/or Assistance insurance that covers repatriation expenses in case of accident, illness or death.
The probable RISKS implicit in the destination and the contracted trip are reported, in compliance with the General Law for the Defense of Consumers and Users, and the Directorate of the Vaccine Information Service.
16. RIGHT OF ADMISSION, EXPULSION AND DISCIPLINARY REGIME
FOSIL reserves the right of admission and expulsion, if necessary, to any person who, due to their disruptive behavior, may hinder the smooth running of the trip and the coexistence of the group.
The traveler expressly exonerates the Agency from any liability, claim, contingency or obligation that may be incurred personally and/or towards third parties due to eventual, presumed and/or proven breaches of legislation or regulations of any kind in force in the country of destination, stating for this purpose, knowing its obligation in this regard and its firm and express will to abide by and comply with it in all its scope.
Likewise, it is obliged to follow the indications of the people responsible for the group or guides, exonerating FOSIL, in the same terms as the previous paragraph, in the case of total or partial breach of this obligation.
17. THE PERSONAL DATA REQUESTED FOR THE FORMALIZATION OF THE CONTRACT AND FOR THE SENDING OF INFORMATION ARE SUBJECT TO THE DATA PROTECTION LAW
In accordance with the provisions of Organic Law 15/1999 of December 13, Protection of Personal Data, the client is informed that, in order to comply with the obligations of the travel contract, the data provided will be subject to of automated treatment and will be incorporated into a computer file owned by FOSIL, before whom, as the person in charge of the treatment and in his social domain, he will be able to exercise the rights of access, rectification, cancellation and opposition recognized by the Law. The client expresses his express consent for such treatment and authorizes FOSIL to provide information and advertising related to its products, as long as it does not receive instructions to the contrary.
Both parties by mutual agreement, expressly waiving any jurisdiction that may correspond to them, expressly submit to the jurisdiction of the Courts and Tribunals of Seville for any disputes arising from the interpretation, fulfillment or execution of the combined travel contract.
19. AVAILABILITY OF THE OFFER PROGRAM OR TECHNICAL DOSSIER
For the purposes of these general conditions, it is noted that due to the advertising nature of this brochure, as well as the advance of its edition and space limitation, there is an offer program or technical dossier for each trip available to the client that complements and details the information in this brochure.