General Terms and Conditions of Trips
The prices on this website are net and valid except for any possible typographical or printing errors.
The duration, itinerary, price, supplements, minimum group and services included in the trip are shown in this means of communication (catalogue or web). Given how far in advance it is published and the limited space available, additional information and possible modifications (if any) will be set out in the specific information dossier for each trip given to the customer. Together with the general terms and conditions, this forms a final contract. For their interpretation or application, and any claims relating to them, both the passenger and the organising agency expressly submit to the Courts of Alicante, waiving any other jurisdiction.
The technical organisation of the trips included in this programme corresponds to the wholesale agency 1001hoteles-Producto Propio S.L., with registered address at Calle Pérez Medina, 16, 03002 Alicante (Spain), with Tax I.D. Number (C.I.F) B54532866 and Tourist Licence CV-M-1386-A, registered in the Mercantile Registry in Volume 1844, folio 37. sheet 34486, entry 1.
Conditions of the Contract
The reservation of any of the trips included on this website implies full acceptance of these general conditions, which are considered automatically incorporated into the contract without their written transcription therein being necessary.
At the time of registration or reservation, 40% of the total price of the trip must be paid as a deposit, with no place being considered reserved until such deposit has been made. The remaining 60% must be paid at least 30 calendar days prior to the departure date for the trip. If not, it will be considered that the customer has voluntarily given up the reservation, which will involve cancellation costs. The percentage deposit that must be paid to make the booking may vary depending on the contract conditions of each provider, and a higher or lower amount may be required depending on the conditions. This percentage will be communicated when the customer makes the booking. If a person reserves for other people, that person will be responsible on behalf of the others for the full content of these general terms and conditions.
Prices are based on rates and exchange rates based on the US DOLLAR (as of 1 January of the current year) and other currencies. These prices may change in the event of an increase in the exchange rate of the currency applied to the trip, the cost of transport (including the cost of fuel) or fees and taxes relating to certain services (such as landing taxes and disembarking fees at ports and airports). Prices can be changed up to 20 calendar days before the scheduled date of the trip.
When Producto Propio [groups] is forced to significantly increase the price of the combined trip for reasons other than those set out in the previous paragraph, it will notify the consumer as soon as possible (in writing or by any means providing evidence of the notification made), so that they can choose to accept the supplement or cancel the reservation or the contract (if this has been formalised).
These are those specified for each trip and in the additional information provided. In the event of any changes to the tour before departure, the services to be included or not included will be established in the information dossier. Any service not specified as “included” is considered to be “not included”.
Producto Propio [groups] will notify of the official documentation and health requirements necessary for the trip. However, both having the mandatory documents and complying with health requirements will be the sole and exclusive responsibility of the customer. In those cases where it is the organising agency that deals with obtaining visas, the price of handling the visa application will be in addition to the cost of the visa and the price of the trip. Any loss or delay of the documentation caused by the postal service will not be the responsibility of the organising agency.
Producto Propio [groups] does not accept any responsibility for incidents related to the luggage and personal effects of its customers. Their transportation will be at the expense and risk of the traveller. All customers are recommended to be present whenever their luggage is being loaded or unloaded. In air transportation, the permitted luggage per passenger will be that established by each airline. In ground transportation the luggage allowed per traveller will be one bag that does not exceed 18 kg.
In both cases, any penalty or inconvenience that could be caused due to exceeding this weight will be the responsibility of the customer, never that of Producto Propio [groups] or its representative at the destination.
Producto Propio [groups] will not accept any liability for any loss or damage to luggage while being transported by porters or pack animals during trekking or expeditions.
In terms of air, sea or river transport, the conditions of the transport companies apply, with the ticket being the only binding contract between the aforementioned companies and the passenger. In the event of any delay, loss or damage to luggage, it is advisable to immediately present an appropriate claim to the transport company (before leaving the airport or port).
We recommend checking in at airports two hours before the departure time of the flight. Passengers must reconfirm with the travel agency within 48 hours of the planned departure to find out the following points: the meeting point, the date, time and number of the flight.
If this reconfirmation is not carried out, Producto Propio [groups] rejects all liability in the event of changes to the information given previously (offers, cruises, air fares, minimum groups, etc.) and the cancellation expenses will be those charged by the respective suppliers.
Cancellation by the customer.
If the customer cancels the trip, after the provision of at least the deposit required to consider the booking as confirmed, they shall compensate Producto Propio [groups] with the payment of the management expenses (incurred by the selling agency), the demonstrated cancellation expenses (incurred by the organising agency and the tourist suppliers) and a penalty consisting of 5% of the total amount of the trip if the cancellation occurs between 15 and 10 calendar days prior to the date of commencement of the trip, 15% if it occurs between 10 and 3 calendar days, 25% if the cancellation is within 48 hours and 100% if the customer does not show up at the scheduled time of departure.
Such penalties and compensation will not apply when the customer is replaced by someone else, provided that the service provider companies do not forbid this and the modification is made more than 5 calendar days before the date of departure. In this case, the agency must be compensated with 5% of the total price of the trip in addition to the expenses incurred to make the replacement.
Modification of the trip by the organiser.
When Producto Propio [groups] is forced to significantly change the essential elements of the combined travel contract after this has been finalised and before the departure date of the trip, it must notify the customer in writing as soon as possible so that the customer can choose between cancelling the reservation or contract, with the right to full reimbursement of the amounts paid, and accepting the consequences of the change to the initial trip
If the customer does not communicate their decision in writing within three business days of receiving the notification, they shall be deemed to have opted for the cancellation of the reservation or contract.
Sufficient reasons for the modification of the trip are cases of force majeure (circumstances that are abnormal, unpredictable and beyond its control) and when the number of people required for the trip is not reached. When such circumstances arise, there will be no compensation.
If the customer chooses to cancel the contract in keeping with the previous paragraphs, or Producto Propio [groups] decides to cancel the trip, the consumer can choose between a full refund of the amounts paid, or, if Producto Propio [groups] can offer this, another combined trip of the equivalent or higher quality. If the trip offered is of lower quality, Producto Propio [groups] will reimburse the customer for the price difference.
If during the trip a substantial part of the contracted services are not provided or cannot be provided, the organising agency will adopt the appropriate solutions for the continuation of the trip, at no additional cost to the customer, and, if necessary, will reimburse the amount of the difference between the services planned and those provided.
If the solutions are not viable or the customer does not accept them for valid reasons, the organiser will provide a means of transport so that the customer can return to the point of origin and, where appropriate, compensate the consumer. Any service not provided will be refunded upon return from the trip, subject to presentation of the corresponding document issued by the person or entity responsible. No refund will be made for services not used voluntarily by the customer, regardless of the cause of non-use. In trips involving sailing and/or motor boats, the captain or skipper responsible reserves the right to vary or change destinations, routes or stays in ports, in keeping with the meteorological conditions, after informing the customers, ensuring their safety, without the customer having any right to make a claim and/or receive compensation.
Producto Propio [groups] may suspend those trips subject to a minimum number of participants if this number is not reached. The suspension must be notified to registered customers a minimum of 10 calendar days in advance of the scheduled departure date. In this case, the customer will be entitled to a refund of the amounts paid for the trip but will not be entitled to any compensation.
Producto Propio [groups] reserves the right to accept or reject those people who, in their objective opinion, do not meet the necessary requirements to take the trip or whose actions hamper the smooth running of the trip and the harmony of the group.
Changes to the itinerary and hotels during the trip.
The final itinerary established in the programme and in the information sheet may be subject to changes. The CUSTOMER expressly accepts the in-situ changes to the itinerary that Producto Propio [groups] may make for the smooth running of the trip and for justified reasons. Changes made due to weather conditions, unforeseen requirements from the suppliers in the area or for reasons of limited local infrastructure are expressly accepted, provided they do not involve the non-provision of any of the services included in the contracted combined trip.
The CUSTOMER also accepts any change of hotel that may take place in situ provided that the one offered is of a category or has characteristics that are the same as or superior to that established in the initial itinerary. Where customers must be housed in hotels of an inferior category to that contracted, the agency will reimburse customers for any possible price difference on their return.
Producto Propio [groups] shall be liable for any consequences arising from the non-execution or poor execution of the contract in proportion to its involvement in the management of the combined journey.
Notwithstanding this, it will be released from this responsibility when it was due to force majeure (abnormal and unforeseeable circumstance outside its control), for a reason that neither Producto Propio [groups] or the suppliers could have avoided or when the cause is attributable to the customer or a third party.
The customer is obliged to notify Producto Propio [groups], as soon as possible and in writing, of any breach in the execution of the contract that has been verified in situ.
Limited liability for overbooking, cancellation or long delay.
When the airline cancels a flight or there is a long delay, it will be responsible for providing the necessary assistance and service to the affected passengers, having to cover the costs of meals, calls, transport and overnight stays, if applicable, as established in EEC Regulation 261/04 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. In the event of flight cancellations, it will also be obliged to pay the corresponding compensation to the passenger, as well as to reimburse them for the price of the flight if the passenger chooses this option. If the cancellation is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken, the airline responsible for the flight will not be obliged to pay compensation but will be obliged to provide the due assistance and service to the passengers affected and reimburse them for the price of the flight if they choose this option.
When the lack of a flight connection, even due to changes in the schedules of the participating airlines, makes an overnight stay necessary or results in a long wait, the expenses that result from this event, both accommodation and meals and transport, will be the responsibility of the airline causing the overbooking, cancellation or delay, pursuant to the provisions of EEC Regulation 261/04 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
These general terms and conditions have been drafted on 1 January 2014 and have an indefinite validity.