Applicable legislation

These General Conditions are subject to the provisions of the revised text of the General “Ley General para la Defensa de los Consumidores y Usuarios” and other complementary laws, approved by “Real Decreto Legislativo 1/2007, de 16 de noviembre”, amended by “Real Decreto Ley 23/2018 de 21 de diciembre, la Ley 7/1998, de 13 de abril, sobre Condiciones generales de la Contratación, y Decreto 13/2011 de 25 de febrero”, establishing the general provisions necessary to facilitate the freedom of establishment and provision of tourist services, the regulation of the responsible declaration, and the simplification of administrative procedures in tourism and “Decreto 6/2013, de 8 de febrero”, on measures to simplify administrative procedures.

These General Conditions shall be incorporated signed by the contracting parties, as a sign of knowledge and acceptance by the consumer of each and every one of these conditions, to all travel contracts, whose object are the programs / offers contained in the program / brochure, and bind the parties, with the particular conditions that are agreed in the contract or contained in the travel documentation provided simultaneously with the signing of the contract. These General Conditions shall apply to those services provided for in “Art. 151.1.a)” of the aforementioned “Real Decreto Legislativo 1/2007”.

Organization.

The organization of the trips offered on our website www.caraacaraviajes.com has been carried out by Cara a Cara Viajes, S.L. with CIF: B10682359, C.I.AN-417696-3 and address at Calle Acueducto, 6. CP: 41008, Seville, Spain.

Price.

The package trip price includes: Transportation and accommodation, when such services are included in the contracted program and with the meals included in the contract or in the documentation provided to the consumer at the time of signing the contract.

The rates or taxes of the hotel establishments and indirect taxes – Value Added Tax (VAT), Canary Islands General Indirect Tax (I.G.I.C.) in Spain or others applicable in the countries of destination unless otherwise indicated in the program.

Technical assistance during the trip, when this service is specifically included in the contracted program.

All other services and complements that are specified in the contracted program or that are expressly stated in the package trip contract, as well as management fees.

Prices are calculated based on the current season and will be revised at the time of issuing and formalizing the program in terms of applicable taxes and/or fees in force.

Upward price revisions made in the 20 days immediately prior to the departure date of the trip shall be null and void.

Exclusions. The price of the package trip does not include:

Visas, airport taxes and/or entry and exit taxes, vaccination certificates, “extras” such as coffees, wines, liquors, mineral waters, special diets -not even in the case of full or half board, unless otherwise expressly agreed in the contract-, laundry and ironing of clothes, optional hotel services, and, in general, any other service not expressly included in the section “The price includes” or not specifically detailed in the program, in the contract or in the documentation provided to the consumer when signing the contract.

Tips.

The package trip price does not include tips or services to guides, porters or others at the destination.

Method of Payment. Registration and refunds.

In the act of the reservation request, the organizer will require a reservation equal to thirty percent of the total amount of the package trip, issuing the corresponding receipt in which it is specified, in addition to the amount advanced by the consumer, the package trip requested. The amount of the reservation may vary for each package trip, prevailing what is indicated in the pre-contractual information and the package trip contract.

From that moment the package trip contract, as well as the general conditions to which it adheres, is binding for both parties. If any of the services cannot be confirmed, the organizer will propose an alternative that can be accepted by the customer. In the event that the client rejects it, this will entail the full refund of the amount paid, without any penalty.

The full amount of the air services shall be paid to the organizer prior to the issuance of the tickets.

The remainder of the contract price shall be paid upon delivery of the vouchers and travel documents thirty days prior to the date of departure. There are exceptions due to suppliers that will be communicated in writing to the user.

If the total price of the trip is not paid in the conditions indicated, it will be understood that the consumer desists from the trip requested and loses the advance payment of the price of the program made.

Withdrawal of the consumer and user (“Artículo 160 del Real Decreto 1/2007 de la Ley General para la Defensa de los Consumidores y Usuarios”).

1. At any time prior to the start of the package trip the traveler may terminate the contract in which case the organizer and retailer may require the traveler to pay a penalty that is appropriate and justifiable. The contract may specify a standard penalty that is reasonable based on how far in advance the termination of the contract is to the start of the package trip and on the expected cost savings and revenue from the alternative use of the travel services. In the absence of a standard penalty, the amount of the penalty for termination of the contract shall be equal to the package trip price minus the cost savings and revenue from the alternative use of the travel services. The organizer and retailer shall provide the traveler on request with a justification for the amount of the penalty.
2. Notwithstanding the provisions of the previous paragraph, when unavoidable and extraordinary circumstances occur at the place of destination or in the immediate vicinity that significantly affect the execution of the package trip or the transport of passengers to the place of destination, the traveler shall be entitled to terminate the contract before the start of the contract without paying any penalty. In this case, the traveler shall be entitled to a full refund of any payment made, but no additional compensation.
3. The organizer may cancel the contract and reimburse the traveler for all payments made by the traveler, but shall not be liable for any additional compensation if: a) the number of persons registered for the package trip is less than the minimum number specified in the contract and the organizer and retailer notifies the traveler of the cancellation within the period specified in the contract, which at the latest shall be: twenty calendar days before the start of the package trip in the case of trips lasting more than six days, seven calendar days before the start of the package trip in the case of trips lasting between two and six days, forty-eight hours before the start of the package trip in the case of trips of less than two days in duration, or b) the organizer is prevented from performing the contract due to unavoidable and extraordinary circumstances and the traveler is notified of the cancellation without undue delay before the start of the package trip.
4. The organizer or, where applicable, the retailer, shall provide the refunds required in paragraphs 2 and 3, or, with respect to paragraph 1, refund any payments made by or on behalf of the traveler, for the package trip, less any applicable penalty. Such refunds or reimbursements shall be made to the traveler without undue delay and in any event not later than fourteen calendar days after the termination of the package trip contract.
5. The traveler shall have a period of fourteen days from the signing of the contract to exercise his/her right of withdrawal from the package trip contract, with no need for justification.

Modifications and termination of the contract due to causes attributable to the organizer or cancellation of the trip (Artículo 159 del Real Decreto 1/2007 de la Ley General para la Defensa de los Consumidores y Usuarios).

1. The organizer may not unilaterally change the terms of the contract before the start of the package trip, with the exception of the price in accordance with “Artículo 158”, unless this right has been reserved in the contract, the change is insignificant and the organizer and retailer themselves inform the traveler clearly, comprehensibly and prominently on a durable medium.
2. If, before the start of the package trip, the organizer is obliged to substantially change any of the main features of the travel services, is unable to meet any of the special requirements, or proposes to increase the price of the trip by more than eight percent, the traveler may, within a reasonable period specified by the organizer, accept the proposed change or terminate the contract without penalty. The traveler who terminates the package trip contract may accept a substitute package trip offered by the organizer and retailer, if possible of equivalent or higher quality.

3. The organizer and retailer shall communicate to the traveler without delay, in a clear, comprehensible and prominent manner and on a durable medium: a) The proposed changes referred to in paragraph 2 and, where applicable in accordance with paragraph 4, their impact on the package trip price. b) A reasonable time limit within which the traveler must inform of his decision in accordance with paragraph 2. c) The indication that in the event that the traveler does not notify his decision within the period referred to in paragraph b) shall be deemed to have chosen to terminate the contract without penalty. d) If applicable, the substitute package trip offered and its price. e) When the modifications to the package trip contract or the substitute package trip result in a package trip of inferior quality or cost, the traveler shall be entitled to an appropriate reduction in price. f) In the event of termination by the traveler of the package travel contract before its commencement, pursuant to paragraph 2, without payment of a penalty or non-acceptance by the traveler of a substitute package, the organizer or, where appropriate, the retailer, shall refund without undue delay all payments made by the traveler or by a third party on his behalf and, in any event, 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 5 of “Artículo 162” shall apply.

Responsibility.

General.

The organizer and retailer of the package trip will be liable to the consumer, according to the obligations that correspond to them by their respective scope of management of the package trip, the proper fulfillment of the obligations under the contract, regardless of whether they must perform them themselves or other service providers, and without prejudice to the right of organizers and retailers to act against such service providers.

The organizer and retailer of the package trip shall be liable for the damages suffered by the consumer as a consequence of the non-execution or deficient execution of the contract. Such liability shall cease when any of the following circumstances occur:

1. That the defects observed in the execution of the contract are attributable to the
2. That such defects are attributable to a third party outside the supply of the services provided for in the contract and are of an unforeseeable or insurmountable nature.
3. That the defects are due to an event that the retailer or, where appropriate, the organizer, despite having taken all due care, could not foresee or overcome.

Limits of the damage compensation.

As regards the limit of compensation for damages resulting from the non-performance or improper performance of the services included in the package trip, the provisions of the International Conventions on the subject shall apply.

Other responsibilities.

When the lack of connection of flights, even due to schedule changes of the participating airlines, requires an overnight stay or a long wait, the costs arising from this fact, both for accommodation and for meals and transport, shall be borne by the air carrier causing the overbooking, cancellation or delay, in accordance with the provisions of “CEE 261/04”, which establishes common rules on compensation and assistance to air passengers in cases of denied boarding and cancellation or long delay of flights.

The user has been informed of the peculiar characteristics of alternative travel, especially the climatic circumstances of the country of destination, the limitations of local professionals and the lack of matching the road, air and hotel infrastructure of the place with the conventional standard of Western countries.

The final itinerary detailed in the technical data sheet is for guidance only and all services included in the program must be confirmed in writing prior to payment of services.

The user also accepts the change of hotel establishment that occurs on the spot provided that the one enjoyed has a category or characteristics equal or superior to the one established in the initial itinerary.

Delimitation of package trip services.

Air travel. Arrival at the airport.

In air travel, the arrival at the airport shall be made at least three hours before the official departure time for international trips and two hours for domestic trips, and in any case, the specific recommendations indicated in the travel documentation provided when signing the contract shall be strictly followed.

Regarding luggage, the guidelines of each airline company must be followed, and the user must be informed in each case of their regulations.

Hotels.

General.

The usual timetable for check-in and check-out at hotels depends on the first and last service that the user will use.  The user must follow the indications of each establishment regarding check-in and check-out.

The accommodation service shall imply that the room is available on the corresponding night, being understood to be provided regardless of the fact that, due to circumstances specific to the package trip, the check-in time may be later than initially foreseen.

Special economic conditions for children.

Given the diversity of the treatment applicable to children, depending on their age, the service provider and the date of travel, it is recommended to always consult the scope of the special conditions that exist and that at each moment will be the subject of specific and detailed information and will be included in the contract or in the travel documentation provided at the time of signature.

Passports, visas and documentation.

All users, without exception (including children), must have their personal and family documentation in order, whether passport or ID card, according to the laws of the country or countries to be visited. It will be at the expense of the users, when the trips require it, to obtain visas, passports, vaccination certificates, etc. In case of being rejected by any Authority the concession of visas, for particular causes of the user, or being denied entry into the country for lack of the requirements that are demanded, or by defect in the required documentation, or for not being the bearer of the same, the organizer declines all responsibility for facts of this nature, being for the account of the consumer any expense that is originated, applying in these circumstances the conditions and rules established for the cases of voluntary withdrawal of services.

Additional information for consumers.

At the time of formalizing the contract, the organizer and retailer will inform the consumer about the specific documentation required for the chosen trip and about the possibility of optional subscription of an insurance covering cancellation costs and/or an assistance insurance covering the costs of repatriation or transfer in case of accident, illness or death.

Likewise, the organizer will inform the consumer of the risks and health formalities implicit in the destination and the contracted trip, in compliance with the “Ley General de Defensa de Consumidores y Usuarios”.

The agency will inform about the official documentation and the sanitary requirements necessary for the realization of the trip; however, it will be the sole and exclusive responsibility of the client both the formalization of the preceptive documents and the completion of the sanitary measures. In those cases where the organizing agency is responsible for the processing of visas, the price of such management will be separate from the price of the visa and the price of the trip and the organizing agency will not be responsible for the fact that the documentation is lost or delayed for reasons beyond the agency’s control.

Validity.

The validity of the program will depend on the season in which the trip is requested.