GENERAL CONDITIONS OF THE COMBINED TRAVEL CONTRACT1. Legislación aplicable y aceptación de estas condiciones.
The combined travel contract is governed by what is agreed by the parties, by what is established by these general conditions and by the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the Law General Defense of Consumers and Users and other Complementary Laws and the regulations that, where appropriate, replace it.
Booking or participating in any of the combined trips offered implies the express acceptance of each and every one of these clauses of these general conditions, together with the particular conditions established in the contract or that are recorded in the travel documentation.
2. Combined trip.
“Combined trip” means the previous combination of at least two of the following elements (transport, accommodation, other tourist services not accessory to transport or accommodation and that constitute a significant part of the combined trip) sold or offered according to a global price, when said benefit exceeds 24 hours or includes a night's stay.
All organized trips that you can find in GRUPO ON TRAVEL, are organized by different wholesale agencies (also called “Tour operators”). GRUPO ON TRAVEL, (HAROBESSA S.L.U. and CIF: B0486340) with C.I.A.N. Nº 046860-3, acts as a mere intermediary and does not provide any of the services reserved through its website / agency / s.
The organization of this combined trip has been carried out by:
Owner: HAROBESSA S.L.U., under the GRUPO ON TRAVEL brand
Address: Calle Cesar 15, 6, 24, 04008 Almería.
Contact: +34 950 93 03 97
License: CIAN 046860-3.
4.1. Revision of prices.
Price review The price of the combined trip has been calculated based on the exchange rates, transport rates, fuel cost and applicable taxes and fees on the date of the program / brochure or subsequent editions that, where appropriate, have been made public in print. Any variation in the price of the aforementioned elements may result in the revision of the final price of the trip, both upwards and downwards, in the strict amounts of the price variations mentioned.
These modifications will be notified to the consumer, in writing or by any means that allows to have proof of the communication made, being able, when the modification made is significant, to withdraw from the trip, without any penalty, or accept the modification of the contract. In no case, will it be revised upwards in the twenty days prior to the date of departure of the trip, regarding requests already made.
The review will only take place to incorporate variations in the price of transport, including the cost of fuel, taxes and fees related to certain services and the exchange rates applied to the organized trip.
4.2. The price of the combined trip includes:
- Indirect taxes on consumption, when applicable.
- The stay in the establishment chosen in the contracted regime, when the service is included in the program.
- All the services and complements specified specifically in the contracted program.
- Airport fees when applicable.
- Transportation when this service is included in the contracted program.
- Technical assistance during the trip when the service is specifically included in the contracted program.
4.3. The price of the combined trip does not include:
Any other service not specifically specified in the contracted program, such as, but not only, visas, vaccination certificates, "extras" such as coffees, wines, spirits, mineral waters, special diets, laundry and ironing, parking, use of the telephone, cribs, TV rental, Spa services, spas, hot springs, massages, medical, therapeutic or health treatments and any other similar service that the establishment offers for a price independent of the main contracted accommodation service.
In certain destinations, additional taxes or fees are applied, per stay / premises that may vary depending on the category of the establishment and the destination. These fees will be paid directly at the hotel establishment and the user will be solely responsible for paying them.
4.4. Payments and refunds.
In the act of registration, the Agency may require an advance that in no case will exceed 40% of the total amount of the trip, issuing the corresponding receipt that specifies, in addition to the amount anticipated by the consumer, the requested combined trip . The remaining amount must be paid against the delivery of the vouchers or travel documentation, which must be made at least seven days before the date of departure. If the total price of the trip is not paid under the conditions indicated, it will be understood that the consumer gives up the requested trip, applying the conditions provided in the following section.
All refunds that are due for any concept will always be formalized through the Retailer Agency where the registration was made, no refund being made for services not used voluntarily by the consumer. In the event that before leaving the trip, the Organizer is obliged to significantly modify any element or service of the contract must immediately inform the consumer through the Retail Agency.
5. Right of withdrawal.
At all times the user may withdraw from the requested or contracted services, having the right to the return of the amounts he had paid, but he must indemnify the organizer in the amounts indicated below, unless such resolution takes place due to force higher:
a) Pay the management costs, cancellation fees, if any, and a penalty consisting of 5 percent of the total amount of the trip, if the cancellation occurs more than ten and less than fifteen days before the date of the beginning of the trip; 15 percent between days three and ten, and 25 percent within forty-eight hours prior to departure.
If they do not show up on departure, the consumer and user is obliged to pay the total amount of the trip, paying, if applicable, the outstanding amounts unless otherwise agreed between the parties.
b) In the event that the contracted and canceled services that are part of the combined trip were subject to special economic conditions of contracting, (For example: non-refundable hotel or transport rates, charter or special flights, air freight, circuits, excursions etc.), the cancellation fees for withdrawal will be those established by the provider of each service.
6. Modification or cancellation of the trip by the organizer.
6.1. Before departure trip.
In the event that, before the trip leaves, the obligation to significantly modify any essential element of the contract arises, GRUPO O TRAVEL will immediately inform the user, committing to offer an alternative with the same characteristics to the requested trip (In any case, the user may choose between terminating the contract without penalty or accepting a modification of the contract that specifies the variations introduced and its impact on the price).
The user must communicate the decision taken within three days of being notified of the modification. In the event that the user does not notify his decision in the indicated terms, it will be understood that he opts for the termination of the contract without penalty.
In the event that the user chooses to terminate the contract, or that the organizer cancels the combined trip before the agreed departure date, for any reason that is not attributable to the user, he will be entitled, from the moment he is produce the termination of the contract, to the reimbursement of all the amounts paid, according to it, or to the realization of another combined trip of equivalent or superior quality provided that the organizer or retailer can propose it.
6.2. Once the trip started.
In the event that, after the departure of the trip, the organizer does not provide or verify that he cannot provide an important part of the services provided in the contract, he will adopt the appropriate solutions for the continuation of the organized trip, without any price supplement for the user, and, where appropriate, will pay the latter the amount of the difference between the benefits provided and those provided. If the user continues the trip with the solutions given by the organizer, it will be considered that he tacitly accepts these proposals.
If the solutions adopted by the organizer are not feasible or the user does not accept them for reasonable reasons, the latter must provide the latter, without any additional cost, a means of transport equivalent to that used in the trip to return to the place of departure or any other that both have agreed, without prejudice to the compensation that may apply.
7. Transfer of the reservation
The consumer of the combined trip may transfer his reservation to a third party, who meets all the conditions required for it. Both will respond jointly and severally to the Retail Agency for the payment of the price of the trip and for the additional expenses arising from the assignment. The assignment must be communicated in writing 7 days in advance of the date of commencement of the trip.
8. Obligations of the consumer
8.1 to report any breach in the execution of the contract.
The consumer is obliged to report any breach in the execution of the contract, preferably "in situ" to the representative of the Organizer at the destination as stated in the travel documentation or to ON TRAVEL GROUP, and, where appropriate, to the service provider try, as soon as possible.
8.2 Documentation in order.
The traveler can check the passport and visa requirements, including the approximate time for obtaining visas, as well as specific recommendations according to destination in the following link of the Ministry of Foreign Affairs:
It is the obligation of the user of any contracted service, to inform themselves and ensure that the entry requirements are feasible for their trip according to their own personal and / or legal situation, as well as the necessary identification documentation according to the country to which they are traveling and the airline / s concerted / s. The user is warned that, on certain occasions, the identity document will not be sufficient for domestic or continental flights, such as Iberia 6000 series flights or flights that have started their trip outside our borders and use Spain as an area Transit to your final destination.
The Department of Internal Security of the United States requires that all passengers who fly to the US or transit in its territory, including Puerto Rico, have a passport for mechanical reading and have completed and obtained the “ESTA” travel authorization including minors. Likewise, it is informed of the need to obtain any other authorization that is appropriate and mandatory for entry and transit in the country of destination or transit, all in accordance with the applicable regulations.
All users, children included, must keep their personal and family documentation in order, be it passport or ID, according to the laws of the country or countries visited. It will be on their account when travel so requires obtaining visas, passports, vaccination certificates, etc.
All users are also reminded, and especially those who have a nationality other than Spanish, who must ensure, before starting the trip, to have met all applicable rules and requirements regarding visas in order to enter without problems in all countries to be visited. Children under 18 must carry written permission signed by their parents or guardians, in anticipation that it can be requested by any authority. We alert South American subjects to the existence of a visa in many Eastern European countries. The traveler declares that he knows and will comply with the government requirements for departure, entry and other documentation.
In case of not complying with these recommendations and / or requirements, the user will be solely responsible for any expense, loss, damage and / or damage incurred by himself or the company even not being able to enjoy the trip once hired.
9. Responsibility of the organizer and retailer.
Respond to the user, depending on the obligations that correspond to them by their respective scope of management of the combined trip, the correct fulfillment of the obligations arising from the contract, regardless of whether they must be executed by themselves or other service providers, and without prejudice to the right of organizers and retailers to act against such service providers.
The responsibility vis-à-vis the user shall be jointly and severally jointly involved in the contract, whatever their class and the relations between them, without prejudice to the right of repetition of the person who responds to the user against whom the breach or defective compliance is attributable of the contract depending on their respective area of combined travel management.
It will also be responsible for the damages suffered by the user as a result of the non-execution or poor execution of the contract.
Said responsibility shall cease when any of the following circumstances concur:
a) That the defects observed in the execution of the contract are attributable to the user.
b) That said defects are attributable to a third party outside the provision of the benefits provided for in the contract and are unpredictable or insurmountable.
c) That the aforementioned defects are due to reasons of force majeure, understood as such circumstances beyond those who invoke them, abnormal and unpredictable whose consequences could not have been avoided, despite having acted with due diligence.
d) That the defects are due to an event that the retailer, or where appropriate, the organizer, despite having put all the necessary diligence, could not foresee or overcome.
Limitation of Liability Compensation for damages resulting from non-compliance or poor performance of the benefits included in the combined trip will be limited in accordance with the provisions of the international regulatory conventions on the subject, in particular the Athens Convention of December 13 of 1974, modified by the London Protocol of November 19, 1976, when applicable, or to the Brussels Convention of April 23, 1970 and other legal provisions in force.
The organizer is not responsible for compensating for any independent service not included in the combined trip (such as hotel reservations on previous or later days, transportation from the passenger's place of departure to the trip and vice versa, losses of flight connections, etc.) even if the trip is canceled due to force majeure or for not reaching the required minimum number of registered persons and such situation has been previously communicated in writing to the user.
As regards damages that are not bodily, they must always be accredited by the consumer. In no case will the Retail or Organizing Agency be responsible for the expenses of accommodation, maintenance, transportation and others that arise as a result of delays in departures or returns of the means of transport due to force majeure. When the trip is made by any means of land transport contracted by the Organizer directly or indirectly, in the event of an accident, the consumer must submit the relevant claim against the transport entity in order to safeguard, where appropriate, the insurance compensation of This, being assisted and advised free of charge in its efforts by GRUPO ON TRAVEL.
10. Responsibilities of airlines.
The passenger carrying their corresponding air ticket may directly demand from the airline that carries it, the fulfillment of their obligations in the event of “over booking”, serious delays, lost luggage, etc., in accordance with the Regulations (EC ) Nos 889/2002 and 261/2004 and the Montreal Convention of 1999.
11. Information that the retail agency must provide to the consumer.
The user is informed that he can obtain detailed and updated information on necessary documentation on the website of the Spanish Ministry of Foreign Affairs: http: //www.exteriores.gob.es/Portal/es/Paginas/inicio.aspx and information health on the website of the Ministry of Health http://www.mscbs.gob.es/
as well as advice on the optional contracting of insurance that covers cancellation expenses and / or assistance insurance that covers repatriation expenses in case of accident, illness or death; and information on the probable risks implicit in the destination and the trip contracted, in compliance with the General Law on the Defense of Consumers and Users.
On trips with a stopover in a country other than the destination, the end user must comply with the legal requirements and entry requirements to be able to make the trip, being obliged to obtain the required visas and permits to enter their territory, mere transit through its airports is understood as entry into its national territory. The minimum estimated time for obtaining these permits can reach up to three months, the common term being 20 days, so it is recommended to do so as early as possible.
Likewise, the Ministry of Health, Social Services and Equality, publishes in its web portal an abundant information on sanitary conditions, as well as other recommendations in the case of visits to these countries, information that GRUPO ON TRAVEL recommends consulting before starting the trip :
12. Other complementary information
12.1 Air travel.
On air travel, the presentation at the airport will be made at least an hour and a half in advance of the official departure time, and in any case the specific recommendations indicated in the travel documentation provided to the consumer will be strictly followed. When contracting air services, it is recommended that the client reconfirms the departure or return times of the flights 48 hours in advance. Changes in the schedule of special flights (charter), which may occur up to 48 hours before your departure date, will not be considered sufficient reason for the withdrawal of the trip by the client.
Direct airway will always be understood as the one whose documentary support is a single flight coupon, regardless of whether the flight makes a technical stop. In some cases, certain air stretches will be carried out with an airline that does not appear on the ticket or on the reservation confirmation, due to the use of shared codes and alliances between airlines, for which no responsibility can be made. Organizer or GROUP ON TRAVEL. The air companies have forced since 2007 to issue electronic air transport tickets. Due to the multitude of airlines and contractable rates, it is recommended to reconfirm the allowable baggage allowance in each case.
In case of delay of the passenger on arrival at his destination, the airline is responsible for the damage provided that it has not taken all reasonable measures to avoid the damage or has been unable to take such measures. The airlines require the sequential use of the flight coupons that each ticket comprises, so that the non-submission to the outbound flight leads to the cancellation of the return flight without prior notice by said companies.
12.2 Hotels Category.
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. In some cases, information on the category of hotels will be provided using the classification of stars, although this is not the one in force in the specific country, so that the consumer can, through equivalence in stars, orient themselves more easily on the services and categories of the establishments, always knowing that such qualification only responds to the assessment made by the Organizer.
Rooms. Given the current legislation in this regard, which establishes only the existence of single and double rooms allowing that in some of the latter a 3rd and 4th bed can be enabled, it will be estimated whenever the use of such extra beds is made with the knowledge and consent of the people who occupy the room and thus the room will be reflected as triple in all the reservation forms provided to the consumer.
Inputs and outputs. The usual schedule for entering and leaving hotels is based on the first and last service that the user will use. As a general rule and unless expressly agreed otherwise, the rooms may be used after 14 hours on the day of arrival and must be vacated before 12 hours on the day of departure.
When the contracted service does not include the permanent accompaniment of the guide and in the event that the user anticipates their arrival at the hotel or apartment booked on dates or times other than those mentioned, it is convenient, to avoid problems and misinterpretations, to communicate with the greatest possible anticipation of this circumstance to the retail agency, or to the establishment directly.
The hotel accommodation service will be provided provided that the room has been available to the consumer on the corresponding night, regardless of the fact that, due to circumstances of the Combined Trip, the time of entry into the same occurs later than initially provided.
Admission of pets. You should consult the Retail Agency, in this case GRUPO ON TRAVEL at the time of making the reservation, the possibility of bringing animals, as they are generally not admitted to hotels and apartments.
Food services. S.A. / HE HAS. = Only accommodation. A.D. / H.D. = Bed and breakfast. M.P. = Half board (usually breakfast, dinner and accommodation) P.C. = Full board (breakfast, lunch, dinner and accommodation). P.C. with drinks (drinks included may vary depending on the hotel at destination). YOU. = All included. S.P. = According to program
Unless expressly indicated, drinks are never included.
Depending on the flight schedule, it may be the case that it is not possible to enjoy any of the services that appear as included. The Consumer must confirm through the Agency if it is affected by this assumption.
Supplementary Services When users request supplementary services (sea view rooms, etc.) that cannot be definitively confirmed by the Organizer, and these cannot be provided, the Retail Agency will not incur more responsibility than to reimburse the amount paid for such services immediately to the withdrawal of the service by the consumer or to the return of the trip. Some facilities in some hotels are operational exclusively on specific dates and not all season, such as air conditioning, heating, swimming pools, hot tubs, etc. that will be subject to what is determined by the hotel establishment.
Depending on the number of customers according to nationality, hotels reserve the right to schedule their exclusive activities in foreign languages.
When making the reservation, the consumer is fully and exclusively responsible for making the correct declaration of the number of people to occupy the apartment, without omitting children regardless of their age. It is noted that the administration of the apartments can legally refuse to admit the entry of those undeclared persons, there being no place for any claim for that cause. In some cases there is the possibility of enabling extra beds or cots, which must be requested by the consumer before the contract is concluded, and unless expressly stated otherwise, will not be included in the price published in the apartment.
The Organizer informs the consumer that in the circuits the accommodation service will be provided in one of the related establishments in the same or another of the same category and area and also that the circuit itinerary may be developed according to any of the options also described in the program / offer. In the previous cases, if the consumer accepts said formula prior to the conclusion of the contract, this indefinition will not imply modification of it. In the circuits, the coaches can vary in their characteristics depending on the number of participants. If a sufficient number of passengers is not reached at any exit, a minibus or low capacity vehicle may be used.
12.5 Transfer service.
The Organizer informs the consumer that for some transfers it will be necessary for the consumer to confirm the pick-up time with the transfer company beforehand, calling the number provided on the voucher of said service and that it will be provided by the Organizer.
The luggage and other personal belongings of the traveler are not subject to the combined travel contract, it being understood that it is transported by the traveler himself and at his own risk. The Retail Agency and the Organizer are not required to respond to any type of incident or its consequences, related to luggage. Also, in hotels, they will be responsible, in accordance with their specific rules, for any incident related to luggage and equipment that occurs during the period of accommodation in them.
It is recommended that all passengers be present in all cargo handling and handling of their luggage, and make the appropriate claim to the transport companies or the hotel at the time of observing any deficiency, damage or disappearance of their luggage.
12.7 Special conditions for children.
Given the diversity of treatment applicable to children, depending on their age, the service provider and the date of the trip, it is recommended to always check the scope of the special conditions that exist and that at each moment will be subject to specific and detailed information and will be collected in the contract or in the travel documentation that is delivered to the consumer. In general, in terms of accommodation, discounts to the child will be applicable whenever you share the room with two adults.
All passengers, regardless of whether they are children or babies, must be inserted when booking, indicating the exact age of each of them (1 year in the case of babies).
The age corresponding to the child must correspond to the real age on the start date of the trip.
12.8 Las fotografías y mapas
which are reproduced in the programs and on the web are only intended to offer more information to the consumer. In the event that any type of modification occurs in the establishments, this cannot be considered as misleading advertising by the Organizer or the Retail Agency.
12.9 Accommodation rates.
In some countries there is a local tax called "tourist tax" that must be paid directly at the establishment.
13. Claims and prescription of actions.
In order to simplify the resolution of claims through the civil route and reduce costs to the consumer, the possible claims of the consumer for the lack of execution or the poor execution of the Contract, must be made in writing through the detailed Agency, to the department and in the email: firstname.lastname@example.org.
In relation to the alternative dispute resolution mechanisms, in accordance with Directive 2013/11 / EU (CONSUMER LITIGATIONS), in the following link you can consult the accredited alternative dispute resolution entities as regards the Online dispute resolution platform of EU Regulation 524/2013 of Parliament and of the Council: See the link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng= IS
The limitation period for actions derived from the rights recognized in the Directive and in the R.D. Legislative 1/2007 will be 2 years, as established in article 14.6 of the Directive and art. R.D. 164 Legislative 1/2007.
Updated version January 21, 2019