General Conditions of the Travel Package Contract
By and between, Tor Global Travel, S.L.U., with registered office in Madrid, Calle Gran Vía 22 Dcdo 5º 28013, and Tax Identification Number (NIF) B-87500856, CICMA 3750.
And the user, who accesses the website to learn about and contract the services offered through the website and who declares to be of legal age (that is, at least 18 years of age) and has the legal capacity necessary to enter into this agreement and to use this website in accordance with this Legal Notice and with the General Conditions of each type of service offered on the website, both of which the user hereby declares understands in their entirety.
1. Applicable legislation and acceptance of these Conditions
The travel package contract is governed by the agreement between the parties, the terms established in these General Conditions, the provisions of Royal Legislative Decree 1/2007 of November 16, which ratified the amended text of the General Law in Defence of Consumers and Users and other Supplemental Laws, and any regulations that may replace it.
Booking or participating in any of the offered travel packages implies the express acceptance of each and every clause of these General Conditions, as well as the specific terms that are agreed upon in the contract or that appear in the travel documents.
2. Travel packages
A ‘travel package’ shall be understood as a pre-set combination of at least two services that are sold or offered together for an overall price, whenever the period of such services exceeds 24 hours or includes one night of lodging. Such services include transportation, lodging and any other tourism services that are not transportation or lodging accessories, but that constitute a significant part of the travel package.
All the organised tours found on the Onlinetravel website are organised by various wholesale travel agencies (also referred to as ’tour operators’).
3.1. Price revisions
The prices set forth in the contract may not be modified, whether upwards or downwards, except when the possibility of such modification is explicitly indicated, the precise calculation methods for such purposes are clearly defined and, in the event of an increase, the User is notified of the modification at least 20 days prior to the scheduled departure date.
Modifications shall only be made in order to incorporate variations in the cost of transportation, including the price of fuel, the taxes and fees related to certain services and the exchange rates applied to the organised tour.
3.2. The price of the travel package includes:
Indirect taxes on consumption, when applicable
Lodging at the chosen establishment with the contracted board type, whenever such service is included in the programme
All of the services and supplemental items expressly specified in the contracted programme
Airport taxes and fees, when applicable
Transportation, whenever such service is included in the contracted programme
Technical assistance during the trip, whenever such service is specifically included in the contracted programme
3.3. The price of the travel package does not include:
Any other service not expressly specified in the contracted programme, including, but not limited to, visas, vaccination certificates, ‘extras’, such as coffee, wine, liquor, mineral water, special diets, laundry and ironing, parking, telephone use, cribs, TV rental, spa services, thermal baths, massages, medical, therapeutical or health treatments and any other similar services that are offered by the establishment for an additional fee and are not included in the price paid for the primary lodging services that have been contracted.
In the case of certain destinations, additional taxes may apply, including, but not limited to, lodging and local taxes, which may vary in relation to the particular destination and the classification of the establishment. The User shall be solely responsible for paying such taxes, which shall be paid directly at the hotel establishment.
3.4. Payments and refunds
The travel arrangements must be fully paid by the time the documents are sent, or in any event, prior to the scheduled departure date.
Requesting a reservation implies the User’s subsequent acceptance of the corresponding fees, which will be charged to the User’s selected payment method.
In the event that the charge is declined for any reason, after informing the User of the situation in order to attempt to resolve the payment issue, the reservation shall be cancelled.
In the event that full payment of the agreed price is not received in accordance with the indicated conditions, this shall be construed as the User’s cancellation of the travel arrangements, whereupon the terms established in the ‘Cancellation on the part of the consumer’ section shall apply.
In the event that the organiser is unable to provide any of the services requested by the User before signing the contract, Onlinetravel shall inform the User of the situation so the latter may cancel the travel arrangements and recover any amounts that have been paid in advance.
All refunds that are due for any reason shall be processed through Onlinetravel, with no reimbursement whatsoever to be made for services that are voluntarily unused by the consumer.
In the event that the User makes a reservation for a low-cost airline + hotel, two separate charges will appear on the User’s credit card: one from the low-cost airline for the corresponding airfare, and the other from the retailer (Onlinetravel) for the remaining contracted services.
4. Modification or cancellation of the travel arrangements on the part of the consumer
The User may cancel the requested or contracted services at any time and shall have the right to the full refund of any amounts paid; however, the User must pay the amounts indicated below as indemnification, unless the cancellation is due to Force Majeure:
a) The User shall pay any applicable handling and cancellation fees, as well as a penalty comprising 5% of the total amount of the travel arrangements if the cancellation is made more than ten and fewer than fifteen days prior to the departure date, 15% if made three to ten days prior, and 25% if made during the final forty-eight hours prior to the scheduled departure.
If the User fails to appear at the scheduled time and place of departure, he or she shall be obligated to pay the full price of the travel arrangements, including any pending payments, unless expressly agreed otherwise by the parties.
b) In the event that the travel package services that were contracted and subsequently cancelled were subject to special financial terms and conditions (for example, non-refundable hotel or transportation fees, charter or special flights, airplane fleets, circuits, excursions, etc.), the cancellation fees established by the provider of each specific service shall apply.
5. Modification or cancellation of the travel arrangements on the part of the organiser
5.1. Prior to departure
In the event that it becomes necessary to make significant modifications to an essential element of the travel contract prior to the scheduled departure date, Onlinetravel shall alert the User as to the situation immediately and shall be responsible for offering an alternative with the same characteristics as the originally requested travel arrangements (in any event, the User may choose between terminating the contract without penalty or accepting a modification to the contract, specifying the variations and their effect on the price).
The User must communicate his or her decision within three days of being notified of the modification. If the User fails to communicate a decision in the specified terms, it shall be understood that the User has opted to terminate the contract with no penalty whatsoever.
In the event that the User opts to terminate the contract or the organiser cancels the travel package before the scheduled departure date for any reason not attributable to the User, the latter shall have the right, from the moment the contract is terminated, either to receive full reimbursement of any corresponding amounts paid or to substitute the travel package with another of equal or greater value, whenever the organiser or retailer is able to offer such package.
5.2. Once travel has been initiated
In the event that, subsequent to the travel departure date, the organiser fails to provide, or confirms the inability to provide, a significant part of the services set forth in the contract, the organiser shall adopt any appropriate solutions permitting the continuation of the organised tour, without imposing any surcharge whatsoever on the User, and if necessary, shall reimburse the latter in the amount of any difference between the contracted services and those actually provided. If the User continues the trip utilising the solutions provided by the organiser, this shall be construed as the User’s tacit acceptance of such proposed arrangements.
If the solutions adopted by the organiser are not viable or if the User rejects them on reasonable grounds, the former must provide the latter, at no additional cost, with a means of transport equivalent to that used in the contracted travel in order for the User to return to the point of origin or another destination agreed upon by the parties, without prejudice to the recovery of any applicable indemnification.
6. Transfer of reservation
The primary contractual party or beneficiary may transfer the travel package reservations free of charge to any person who satisfies all the required conditions, whenever Onlinetravel is informed of such transfer in writing at least 15 days prior to the scheduled departure date.
The person transferring the travel package reservations and the person to whom they are transferred shall be jointly responsible for any balances due, as well as any additional justifiable expenses that may arise from such transfer.
7. Responsibilities of the User
The User is obligated, preferably while at the destination, to inform the organiser or Onlinetravel, as well as the provider of the service in question, if applicable, in writing or by any other means conserving a record, of any non-fulfilment in the execution of the contract.
If the User does not agree to the proposed solutions, he or she shall avail of a one-month period in which to file a claim against the retail agency or organiser, and the latter shall avail of a maximum period of one month from receipt of such claim to provide a formal response via the same channels.
It is the responsibility of the User of any contracted service to make the necessary inquiries in order to ensure compliance with all the entrance requirements related to the travel, taking his or her personal and legal situation into consideration, and to ensure that all the necessary identification documents are in his or her possession, in accordance with the destination country and the airline(s) that will be flown. The User is hereby advised that, under certain circumstances, a national ID document will not be sufficient for domestic or continental flights, for example, on Iberia’s 6000 Series flights or flights that originate outside the borders of Spain and use Spain as a transit zone en route to the final destination. In the event that the User fails to comply with these recommendations or requirements, he or she shall be solely responsible for any resulting expenses, losses or damages, whether incurred personally or by the company, including the inability to utilise the travel arrangements that have been booked. The United States Department of Homeland Security requires all passengers (including minors) who are flying to the US or travelling within its territories (including Puerto Rico) to be in possession of a biometric passport (or e-passport) and to have secured approval through the Electronic System for Travel Authorisation (ESTA). The User is also advised of the necessity of obtaining any other appropriate mandatory authorisation for entrance and transit in the destination country or transit zone, in accordance with applicable regulations. All of this information can be found in the website of Spanish Ministry of Foreign Affairs at http://www.exteriores.gob.es/Portal/en/Paginas/inicio.aspx
8. Responsibilities of the organiser and retailer
In accordance with their respective roles in administering the travel package, the organiser and retailer shall be responsible to the User for the proper fulfilment of their contractual obligations, regardless of whether they execute such obligations themselves or through third-party service providers, without prejudice to their right to initiate legal actions against such service providers.
Any business owners appearing jointly in the contract, regardless of their classification or the relationship between them, shall be jointly responsible to the User, without prejudice to the right of the party responding to the User to seek legal recourse against the party responsible for the non-fulfilment or unsatisfactory fulfilment of the contract according to that party’s respective role in administering the travel package.
The party shall likewise be liable for any damages suffered by the User as a consequence of the non-fulfilment or unsatisfactory fulfilment of the contract.
Such liability shall not apply under the following circumstances:
a) When the shortcomings in the fulfilment of the contract are attributable to the User
b) When such shortcomings are of an unforeseeable or insurmountable nature and are attributable to a third party not involved in the provision of the services established in the contract
c) When such shortcomings are due to Force Majeure, which shall be understood as circumstances beyond the control of the affected party that are unusual and unforeseeable and whose consequences could not have been prevented despite having acted with due diligence
d) When the shortcomings are due to an occurrence that the retailer or organiser, if applicable, was unable to foresee or surmount in spite of having exercised all necessary diligence
Indemnification for any damages resulting from non-fulfilment or unsatisfactory fulfilment of the services included in the travel package shall be limited in accordance with the provisions of the international agreements regulating such services.
The organiser shall not be held liable for damages arising from any independent service not included in the travel package (such as hotel reservations on prior or subsequent days, transportation from the passenger’s point of origin to the point of departure of the trip and vice versa, missed connecting flights, etc.), even in the event that the travel arrangements are cancelled due to Force Majeure or to the failure to register the minimum required number of travellers when the User has been informed of this situation in writing at least 10 days in advance.
9. Responsibilities of the airlines
In the event of overbooking, severe delays, loss of luggage, etc., a passenger holding an airline ticket may directly demand that the airline provide transportation in fulfilment of its obligations under EC Regulations nos 889/2002 and 261/2004 and under the Montreal Convention, 1999.
10. Information that must be provided to the User
The User is hereby advised that he or she may obtain detailed, up-to-date information on the necessary travel documents on the website of Spain’s Ministry of Foreign Affairs at http://www.exteriores.gob.es/Portal/en/Paginas/inicio.aspx%, and health information on the website of the Ministry of Health at http://http://www.msssi.gob.es/en/home.htm/%
Under current regulations, the User has the opportunity to contract and receive advice on supplemental insurance covering the costs of repatriation in the event of an accident, illness or death, as well as general information on the probable risks inherent in the destination and the contracted travel arrangements.
11. Claims and limitation of actions
There is a two-year time limit for filing claims. Claims related to non-fulfilment or unsatisfactory fulfilment of the contract must be presented to the retail agency in writing via email to our customer service department at atencioncliente@Onlinetravel.com.
Updated on June 28, 2018