TERMS AND CONDITIONS
GENERAL CONDITIONS OF USE
- GENERAL CONDITIONS OF COMBINED TRAVEL RECRUITMENT
- Definitions
It is understood by:
- Organizer / agency: 30MPS ADVENTURES S.L., with CIF B88196241, CICMA 3825 and address at 30 Manipa Street, 28027 – Madrid SPAIN
- Consumer / user / customer: The individual or legal entity that buys or commits to purchase the package trip included in the program.
- Combined travel contract: The binding agreement that binds the organizer and the user / client.
- Program: The description of the combined trip that includes all the tourist services offered by the organizer. The information contained in the program is binding for the organizer, unless any of the following circumstances occur:
- a) that changes in such information have been clearly communicated in writing to the consumer before the conclusion of the contract and such possibility has been expressly mentioned in the proposal
- b) that modifications subsequently take place, prior agreement in writing between the contracting parties.
- Working hours (Monday to Friday from 10:00 a.m. to 7:00 p.m. except holidays)
- Legal framework
- Applicable legal regulation: The contractual relationship between the organizing agency and the client is governed by the clauses of the combined travel contract, the travel technical sheet detailing its final content and these general conditions, all drawn up in accordance with provided by Book IV of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, by Decree 214/2000, of September 21, which modifies Decree 9/1996, of June 27, which regulates the exercise of the activities of the travel agencies of the community of Madrid and by Law 7/1998, of April 13, on general conditions of hiring.
- Applicable contractual framework.
The present General Conditions will be incorporated into all the combined travel contracts that the organizer and the customer celebrate forming part of it and obligating both parties.
- Process of contracting the trip.
The organizer will offer the interested client a Program that collects the description of the combined trip. The client who accepts the offered program will subscribe with the organizer a
combined travel contract
which will include, in any case, the accepted program, the present general conditions and the particular conditions that, where appropriate, may apply. After signing the contract and paying the amount established in it upon signature, the organizer will take the necessary steps to obtain confirmation of the contracted services from each supplier. In the event that any of these services can not be confirmed due to lack of availability, another one with similar characteristics will be offered, with expression of the new price, if any, that the client may accept or reject. In the event that the client rejects the proposed change, the organizer will reimburse the amounts deposited to date.
- Delimitation of the services of the combined trip.
- General scope. The benefits that make up the combined travel contract result from the information provided to the client in the contract or program. Notwithstanding the foregoing, the execution of the program is susceptible to changes caused by climatic or geographical alterations, problems caused by airline intermediaries, hoteliers, etc., political or warlike circumstances, unforeseen events or other reasons beyond the control of the organizer. Decisions about the changes will be made by the person in charge of the trip who will always watch over the safety of the client and the good development of the trip.
- Transportation. The client must appear at the place indicated for the departure with the anticipated anticipation in these general conditions or the documentation of trip facilitated. In any case, in air travel, the presentation at the airport will be made with a minimum of three hours in advance on international trips and two hours in nationals on the official departure time, and the specific recommendations indicated by the documentation of the trip provided when signing the contract. In the contracting of single services, it is recommended that the client reconfirm the departure times of the flights forty-eight hours in advance. If the consumer can not make the trip due to not having been presented with the required advance notice, the regime foreseen by the section 'lack of presentation to the exit by the client' of the present general conditions will be applied. Reservations will be made with the data provided by the client. Airlines reserve the right to deny boarding to a client if the name on the ticket does not exactly match the name that appears on the passport. Once the reservation is made, an error in the name or an incomplete name causes a new booking with the possibility of not getting places on the same flights or the initial price varies. The loss or damage that occurs in relation to hand luggage or other objects that the client carries and keeps in his custody are at his sole risk. It will always be understood as a direct air route whose documentary support is a single flight coupon, regardless of whether the flight makes any technical stop.
- Accommodation.
- b) Supplementary Services. When users request supplementary services (ocean view room, first floor, etc.) that can not be definitively confirmed by the organizer, the user may opt to permanently withdraw from the requested supplementary service or maintain their request pending such services can finally be provided. In the event that the parties have agreed to the prior payment of the price of supplementary services that can not be finally rendered, the amount paid will be reimbursed by the organizer immediately upon the customer's withdrawal or upon return of the trip, the user has opted for the withdrawal in the provision of the requested supplementary service, or has maintained the request.
- Nutritional regimen. Half-board, unless otherwise indicated, includes continental breakfast and dinner. As a general rule, and unless expressly stated otherwise, such meals do not include beverages. Special diets (vegetarian or special diet) are only guaranteed if they have been agreed by the parties in the particular conditions. If due to delay, whatever it may be, a restaurant service corresponding to the subscribed alimony is lost, there will be no right to any refund.
- Special economic conditions for children. Given the diversity of treatment applicable to children, depending on their age, the service provider and the date of travel, it is recommended to always check the scope of the special conditions that exist and that at all times they will be the object of specific and detailed information and it will be collected in the contract or in the documentation of the trip that is delivered. In general, regarding accommodation, they will be applicable as long as the child shares the room with two adults. With regard to stays of minors abroad, the information provided will be provided promptly for each case and to what may be stated in the contract or in the documentation of the trip that is delivered when subscribing.
- Economic conditions.
- The price of the trip includes:
- a) Transportation, when said service is included in the contracted program, with the type of transport, characteristics and category recorded in it.
- b) The accommodation, when said service is included in the contracted program, in the establishment and with the diet included therein.
- c) Indirect taxes or fees (VAT, VAT, etc.), when applicable.
- d) The management expenses.
- e) All other services and supplements that are specifically specified in the combined travel contract subscribed.
- Exclusions. The price of the trip does not include everything that is not expressly included in the travel contract or program. 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 travel contract. Its publication in the proposal is purely informative and the price is expressed with the indicative 'estimated'. Therefore, at the time of contracting at the place of destination, there may be variations on their costs, which alter the estimated price. Said excursions will be offered to the client with their specific conditions and definitive price independently, not guaranteeing the possible realization of the same until the moment of contracting.
- Prices' check. The price of the trip has been calculated based on the exchange rates, transportation rates, fuel cost, taxes and fees applicable on the date of program edition. This price may be revised, both upwards and downwards, when there have been variations in the cost of transport, the price of fuels or other energy sources, taxes and charges related to certain services and the exchange rate of currency applied to organized travel. In no case, the price may be increased during the 20 calendar days prior to the start of the trip. The price revision shall be notified to the consumer in writing, who may terminate the contract without penalty if the revision means an upward modification of more than 8% of the total price of the trip. If the modification is less than 8%, you can accept the new prices or terminate the contract but accruing the expenses included in the section 'rejection of the contract by the client'. The consumer must communicate his decision to the organizer within THREE DAYS after notification of the modification.
- Method of payment and reimbursements. The act of inscription to the trip and the reservation consideration requires that the client has paid a deposit of 30% of the total amount budgeted (including the management expenses), except that the economic conditions of the suppliers impose the advanced payment of a higher amount . In that case, the deposit will adjust to these conditions. Air tickets must be paid at the time prior to the issuance of the reservation. This date is imposed by the different airlines. The remaining amount must be paid when the package travel contract is formalized or within the terms established in the contract, always at least 25 days before the departure date and against the delivery of transport tickets, vouchers and documentation. travel, except in those cases in which the contract is signed with a shorter notice, in which the payment of the rest of the price will be made against the delivery of transport tickets, vouchers and travel documents without submission to any deadline. If any of the contracted services have special payment conditions, they must be included in the combined travel contract. If the consumer does not make the final payment established in the contract, the organizer will require him to do so within a period of forty-eight (48) hours from the established date. If the payment is not made within that period, the organizer may terminate the contract and apply the rules established for the 'withdrawal before the departure by the consumer'. Once the departure of the trip has been made, the voluntary non-use by the consumer of any of the contracted services will not entitle him to any refund.
- Payment method. The amounts to be paid to the agency will be paid by bank transfer to a checking account owned by 30mps Adventures, S.L. For security reasons, the account number will not be published on this website. It will be provided to the client when he must make a payment. The payments to be made directly in accommodations or service providers will be made according to the payment methods offered by them.
- Other rights and duties of the parties before starting the trip.
- a) Modification of the contract before departure.
- For the organizer. The agency undertakes to provide its clients with all the contracted services contained in the contract (program), with the stipulated conditions and characteristics, although before the departure of the trip it may make the changes necessary for the good purpose of the contract. trip and that are not significant. Notwithstanding the foregoing, if the organizer finds himself obliged to make significant changes, he will immediately inform the client. This may accept the modification of the contract in which the variations introduced are specified and their impact on the price, or terminate the contract. The client must communicate the decision that he adopts to the organizer within the three days following the day in which he is notified of the modification. In this case, the client will also be entitled to the compensation provided in the event of cancellation of the trip by the organizer.
- For the client. If at any time prior to the departure date, the client wishes to request changes regarding the destinations, the means of transport, the duration, the calendar, the itinerary of the contracted trip or any other end referred to the benefits and the organizer he may make them, he may demand the payment of justified additional expenses that would have caused such modification.
Likewise, the client may assign his reservation in the combined trip to a third person, as long as it meets all the conditions required for the aforementioned trip, and must inform the organizer in writing at least 15 days before the start of the trip. , unless the parties agree a shorter period in the particular conditions may, where appropriate, transfer the costs arising from such assignment. Both the person who transfers his reservation on the trip and the transferee will be jointly and severally liable to the organizer for the payment of the price of the trip, as well as the additional expenses justified that said assignment may have caused.
- b) Termination of the contract before departure.
- Cancellation of the trip by the organizer. In the event that the agency cancels the package trip before the agreed departure date, for any reason that is not attributable to the client, the client shall have the right, from the moment of termination of the contract, to the reimbursement of all the amounts paid according to the same, or to the accomplishment of another combined trip of equivalent or superior quality whenever the organizer can propose it. In the event that the trip offered is of inferior quality, the organizer must reimburse the customer, when applicable, depending on the amounts already paid, the price difference, according to the contract. The organizer will be responsible for payment to the client of the corresponding compensation for breach of the contract, which will be 5% of the total price of the contracted trip, if the aforementioned breach occurs between two months and fifteen days immediately prior to the scheduled date of the contract. travel accomplishment; 10% if it occurs between fifteen and three days prior to the planned date of completion of the trip; and 25% in the event that the aforementioned noncompliance occurs in the previous 48 hours. Notwithstanding the foregoing, if the organizer conditions, and so expressly specifies, the viability of the combined trip proposal to have a minimum number of participants and that number is not reached, the cancellation of the trip is made, it must not compensate for this reason to the client. In this case, you must notify the client in writing before the deadline set for this purpose in the contract, which will be at least 10 days before the scheduled date of initiation of the trip and return all amounts delivered up to that time. Neither shall the agency indemnify the client when the cancellation of the trip is due to reasons of force majeure, understanding as such, those circumstances unrelated to the party invoking them, abnormal and unpredictable, whose consequences could not have been avoided, despite having acted with the due dilegence.
- Withdrawal of the contract by the client. At all times, the client may cancel the services requested or contracted, being entitled to the refund of the amounts that he / she had paid, but must pay the organizer:
* The management expenses included in the contract.
* Cancellation expenses, if any.
* A penalty, consisting of 500 euros from the time of booking up to 60 days before the trip. € 1,000 if the cancellation is made between 60 and 30 days before the trip, and 100% of the amounts paid if done within 30 days before the trip.
The amounts paid by the client will serve as payments on account of these expenses and penalties. If you do not show up at the exit, the client will not be entitled to any refund of the amount paid, paying, if applicable, the outstanding amounts, unless otherwise agreed between the parties. In the event that any of the services contracted and canceled are subject to special economic conditions of hiring, such as freight of airplanes, ships or special rates, cancellation expenses for withdrawal will be established in accordance with the conditions agreed by both parties. The resolution produces effects from the moment in which the will to solve of the client comes to the knowledge of the organizer, having to communicate it in writing during working hours. Once the resolution is known, the agency will return the amounts paid to the client, minus the management expenses and, if applicable, cancellation fees and penalties. If the amounts paid are not enough, the customer will pay the difference.
- Rights and duties of the parties after starting the trip.
- Obligation of the client to communicate any breach in the execution of the contract and to collaborate for the normal development of the trip. In case of any deficiency or breach in any of the contracted services, the client must immediately inform the borrower of the same, the local correspondent and the organizer. After receiving the communication, the organizer must work diligently to find the appropriate solutions that allow the continuation of the trip. The client must abide by the indications provided by the organizer for the proper execution of the trip, as well as the regulations that are of general application to the users of the services included in the package. In particular, you will observe a behavior that does not harm your normal development. In any case, the client is obliged to take appropriate and reasonable measures to try to reduce the damages that may arise from the non-execution or poor execution of the contract or to prevent them from becoming worse. The damages that derive from not having adopted said measures will be borne by the consumer. The serious infraction of these duties entitles the organizer to terminate the contract of combined travel contract for cause imputable to the client, the latter responding to the damages that may have been caused to the organizer.
- Withdrawal of the client during the trip. The client has the right to withdraw from the combined travel contract once the trip has begun, but he can not claim the return of the delivered amounts and will continue to be obliged to pay the amounts that are pending payment.
- Consequences of the non-provision of services by the organizer. In the event that, after the departure of the trip, the organizer does not provide, or verify that it can not supply, an important part of the services provided in the contract (those whose lack of realization prevents the normal development of the trip and cause it is not reasonable to expect the client of that type of trip to continue it under those circumstances), will adopt the appropriate solutions for the continuation of the organized trip, without any price supplement for the client, and, if applicable, will pay the latter the amount of the difference between the benefits provided and those provided. If the client continues the trip with the solutions given by the organizer, it will be considered that he accepts these proposals tacitly. If the solutions adopted by the organizer are unfeasible or the client does not accept them for reasonable reasons, and as long as the contract includes the return trip, the organizer must provide the latter, without any price supplement, with an equivalent means of transport to the one used in the trip to return to the place of departure, or to any other that both have agreed, without prejudice to the compensation that may be appropriate.
- Responsibility of the organizer.
The agency will respond, depending on the obligations that correspond to it for its respective field of travel management, of the correct fulfillment of the obligations derived from the contract, regardless of whether they must be performed by the same or by other service providers, and without prejudice of the right of the organizer to act against said service providers. Said responsibility shall cease when any of the following circumstances occurs:
- a) That the defects observed in the execution of the contract are attributable to the client.
- b) That said defects are attributable to a third party unrelated to the provision of the services envisaged in the contract and that they are unpredictable or insurmountable.
- c) That the aforementioned defects are due to reasons of force majeure, understanding as such those circumstances unrelated to the party invoking them, abnormal and unforeseeable whose consequences could not have been avoided, despite having acted with due diligence.
- d) 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 for any of the aforementioned circumstances, the agency will be obliged to provide the necessary assistance to the client who is in difficulties. There will be no duty of assistance when the defects produced during the performance of the contract are attributable exclusively to intentional or negligent behavior of the consumer.
The client is obliged to notify the organizing agency, as soon as possible and in writing, of any breach in the execution of the contract that he has checked on site. In group travel, the modification of the initial contract may be allowed provided the alteration of the itinerary or the substitution of services that are justified by weather conditions, by unforeseen impositions of the suppliers in the area or due to the limited local infrastructure. Any other alteration of the route must be approved by the group and expressly consented by the agency.
The rules of contractual liability of the trip are not applicable to benefits such as excursions, attendance at sporting or cultural events, visits to exhibitions or museums, or other similar ones, which are not included in the overall price of the trip and which the client contracts with optional character on the occasion of the same or during its course, with third parties. If the organizer intervenes in the hiring of these services, he will respond according to the specific rules of the contract he performs.
In the event that the client decides and the agency accepts, manages, reserves and contracts the transports outside the provisions of the program, the latter will not have any responsibility in relation to any delay, cancellation, accident or incident that may arise. occur in relation to such transports, regardless of the cause of the same without the consumer or beneficiaries having anything to ask or claim for this concept. Also, the agency will not have any type of responsibility in relation to the fact that such incidents may mean the impossibility of performing all or part of the contracted activities, the need to delay them, cancel them and, in general, modify in any way the plan of the contracted trip, without having to return or pay any amount to the client for this fact. Finally, the client acknowledges and accepts that the insurance policies contracted by the organizer will not cover any eventuality that, in his case, could take place in relation to the transports and activities contracted directly by him.
10.-Limits of the responsibility of the organizer.
When the benefits of the combined travel contract are governed by international agreements, the compensation of the bodily and non-bodily harm resulting from the breach or the poor performance thereof will be subject to the limitations established by them. When the airline cancels a flight or has a long delay, it will be responsible for providing the necessary assistance and attention to the affected passengers, having to bear the cost of meals, calls, transportation and overnight stay if applicable, in accordance with the provisions of the EEC Regulation 261/2004, which establishes the common rules on compensation and assistance of air passengers in cases of denial of boarding and cancellation or long delay of flights.
In case of flight cancellation, you will also be obliged to pay the corresponding compensation to the passenger, as well as to reimburse the price of the airline ticket if the passenger opts for 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 air carrier in charge of making the flight will not be obliged to pay the compensation but will provide the necessary assistance and attention to the passengers. affected and reimburse the price of the ticket if they opt for this option. In any case, the responsible will be the airline, not the agency.
- Passports, visas and vaccines.
The client is obliged to always carry with him the national identity document and also, if required, the passport in the original and current copies. the client expressly assumes both its processing (except in case of another agreement in writing with the agency) and the consequences arising from not taking them or the fact that they are not valid or valid. Foreign clients must ensure that they comply with visa requirements in order to enter, leave and circulate without problems through the country of destination, and assume the consequences of non-compliance. Children under 18 years of age must carry a document authorizing them to make the trip, signed by both parents, by the custodial parent (in cases of separated or divorced marriages) or by the guardian. The organizer agrees to inform the client about the sanitary formalities necessary for the trip and the stay, as well as about the conditions applicable to citizens of the European Union regarding passports and visas, responding to the correction of the information provided. . The client expressly assumes its processing and must obtain the necessary documentation to make the trip, including passport, visas and the one related to sanitary formalities. The client must ensure before starting the trip, especially if it is not national or of the Member States of the European Union, to have complied with all the applicable rules and requirements in terms of visas in order to be able to enter without problems in all countries that they are going to be visited. All damages that may arise from the lack of this documentation will be from your account and in particular the expenses incurred due to the interruption of the trip and your eventual repatriation.
If the organizer accepts the order of the consumer to process the necessary visas for any of the destinations envisaged in the itinerary, he / she will be able to demand the payment of the cost of the visa as well as the management expenses for the procedures that must be performed before the diplomatic or consular representation correspondent. In this case, the organizer will be liable for any damage attributable to him / her in accordance with the procedure normally required for delays in obtaining the necessary documentation or for lack or insufficiency of the same, which makes the trip impossible.
12.- Other General provisions.
- Risks In some cases, the agency offers expeditionary trips outside the traditional tourist routes, in close contact with nature, coexisting in many cases with peoples far from the western customs and carrying out risk activities. Consequently, the trip that is hired has specific characteristics which, with respect to conventional trips, entail a greater risk than usual, a risk to which the recipient who hires it is fully aware, assuming the responsibility deriving from it and expressly stating that risk is precisely one of the causes that decisively influence their hiring.
- Exceptional circumstances, weather conditions and unforeseen events. In exceptional circumstances and, in particular, to ensure the safety of the whole group, but also due to weather or unforeseen events, the agency reserves the right directly or through the correspondents of its group to substitute an activity, a transport, an accommodation or itinerary for another, as well as to modify the dates or times of departure without the participants being entitled to any refund for these changes.
- Consumer behavior. Each participant must act according to the elementary rules of prudence and common sense, obeying at all times the indications given by the guides and monitors of the organizer. The agency reserves the right to terminate at any time the participation of any person whose behavior can be understood as dangerous for their safety and / or the group or that affects the welfare of the participants. This decision will not entitle the customer to any refund. Although the agency will take the measures planned to ensure their repatriation.
- Insurance.
The agency will make available to the clients a medical travel insurance as well as cancellation and coverage of additional risks. Clients may or may not, at their discretion, hire them.
- Claims, legal actions and prescription.
- Jurisdiction: The contracting parties expressly submit themselves to the jurisdiction of the Courts of Madrid to resolve any discrepancies or claims that may arise in the interpretation or execution of the combined travel contract and these general conditions, and renounce the proper forum in case it is different. The legal actions derived from the package travel contract are prescribed by the expiration of the term of two years.
- Complaints and complaints. In any case, and with full respect to the provisions of the preceding paragraph, the customer may file their complaints and claims or request information about the contracted trip to: 30MPS ADVENTURES SL, with CIF B88196241, CICMA (in process) and address at 30 Manipa Street, 28027 Madrid. Telephone: +34 667113784. Email: ride@30mps.com
- Data Protection.
The personal data of natural or legal persons provided in their own name or on behalf of legal entities, will be treated based on the privacy policy of 30mps Adventures SL.
- Validity.
These General Conditions and Provisions will have indefinite validity or until their replacement by new ones.
- DESCRIPTION OF THE SERVICE
Through the web site of 30MPS ADVENTURES, SL, users are offered access to diverse information about package tours and tourist services, enabling their online contracting. The user can formalize reservations and contract on-line package trips, as well as other services, provided by 30MPS ADVENTURES S.L. the information regarding said services, although the technical organization of the same and formalization of reservations will be carried out by the wholesale agencies, airlines, and, in general, the borrowers of the services that correspond, limiting the liability of 30MPS ADVENTURES, SL to the obligations that are legally attributed to him, in his capacity as a travel retail agency.
ACCEPTANCE OF THE CONDITIONS OF USE
This document establishes the General Conditions of Use of the services provided through the web site of 30MPS ADVENTURES, SL reserving this company the right to modify and update them periodically, without obligation of prior communication to users. The present conditions of use do not exclude the possibility that certain services provided through this web site, due to their particular characteristics, are subject to their own specific conditions of use. The user declares that he has the necessary legal capacity to act and contract on the web in accordance with the broken down conditions, which he declares to understand and accept. The users who contract services through the web site of 30MPS ADVENTURES, SL declare to be of legal age (18 years). In case of contracting by minors, the authorization of the parents or guardians is required to enjoy the contracted service. In case of doubt, contact our customer service at ride@30mps.com