Booking a trip with us implies the client's acceptance of these conditions.
Legal regulation applicable to the combined travel contract and acceptance of the General Conditions.
The contractual relationship between the organizing agency and the client is governed by the clauses of the combined travel contract, the technical sheet that details its final content and by these general conditions, subject to the provisions of Real Decreto Legislativo 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, Ley 21/1995, of July 6, on Combined Tours and other current provisions.
The parties submit, at their choice, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of Zaragoza.
Likewise, the contracting parties submit to the resolution of conflicts as well as to resolve discrepancies or claims that arise from the interpretation or execution of the combined travel contract and these general conditions, and waiving any other jurisdiction, to the courts and competent courts in each case.
- RESERVATION, REGISTRATION AND PAYMENT METHODS
- RESPONSIBILITY OF THE ORGANIZING AGENCY
- CANCELLATIONS BY THE AGENCY: MINIMUM GROUP AND FORCE MAJEURE CAUSE
- CHANGE AND MODIFICATION OF THE TRAVEL PROGRAM BY THE ORGANIZER
- DOCUMENTATION, VISAS AND HEALTH
- PASSENGER OBLIGATIONS
- CHANGES, CANCELLATION AND/OR RESCISSION OF THE TRIP BY THE TRAVELER
- POLITICAL, SECURITY AND HEALTH SITUATION IN THE COUNTRY OF DESTINATION
The booking of any of the trips whose technical organization is the responsibility of Kivuca 37 S.L.U. (hereinafter Luxotren.com), Wholesale Retail Travel Agency, title CV-Mm-2395-CS with C.I.F. B-67993592 located at Avda. Francisco Baila 75, 12500 Vinaroz, Castellón, Spain, implies full acceptance of these general conditions, which will be considered automatically incorporated into the contract without its written transcription being necessary.
2. RESERVATION, REGISTRATION AND PAYMENT METHODS
The information contained in the technical sheet/travel offer that is initially provided and that is available on the Luxotren.com website, www.Luxotren.com, and in the travel contract signed between the agency and the client, has a generic character and should be considered provisional. Significant variations in its content are not to be expected beyond the adaptation of the services provided to the existing availability for each specific output. In the final documentation of the trip, in vouchers sent to clients, the definitive details about the route, itineraries, flights, price and services included in the reserved program is included.
The act of registering for the trip and the consideration of booking require that the client has paid a deposit whose amount will be notified, between 30 and 50% of the total amount budgeted according to the advance reservation, except that the economic conditions of the suppliers impose the advanced payment of another amount. Failing that, the remaining amount must be paid at least 45 days before the departure date and, in any case, on the date determined in writing by the tour operator (Luxotren.com). If the total price of the trip is not paid under the indicated conditions, it will be understood that the consumer withdraws from the requested trip, and the conditions set forth in the section on withdrawal or cancellation of the trip will be applied. Payment for a trip can be made in different ways: by bank transfer to the account number of Luxotren.com S.L. indicated for this purpose, by credit card either personally at an agency or by virtual POS or secure payment platform and in cash at our offices. With each payment, the client obtains a receipt that justifies the payment of said amount for the concept indicated for the reservation of his trip.
Payments in cash: In compliance with current legal regulations, we cannot accept cash payments for trips whose cost is greater than 1,000 € or its equivalent in another currency.
The price of the combined trip includes the detailed services as included in the description or technical sheet and the value added tax when applicable; and it is understood to be valid during the season indicated. Prices are based on transportation rates (including the cost of fuel), currency exchange rates, rates and taxes in force at the beginning of each calendar year, when programming and forecasts are carried out. Any variation in the price of the aforementioned elements may lead to the revision of the final price of the trip. These modifications will be notified to the consumer, who, in the event that the modification made exceeds 15% of the price of the trip, may withdraw from the trip without any penalty, or accept the modification of the contract. In no case will prices be revised upwards in the twenty days prior to the departure date of the trip, with respect to requests already made and confirmed.
The price of the trip does not include visas, taxes, vaccination certificates, extras and, in general, any service not specified as "included", unless otherwise indicated in the technical specifications of the trip.
4. RESPONSIBILITY OF THE ORGANIZING AGENCY
The organizing agency will be liable for the consequences derived from the non-execution of the contract in proportion to its intervention in the management of the combined trip.
It is exempt from this responsibility in the following cases:
- That the defects observed in the execution of the contract are attributable to the consumer and user.
- That said defects are attributable to a third party unrelated to the provision of the services provided for in the contract and are of an unpredictable or insurmountable nature.
- That the aforementioned defects are due to reasons of force majeure, understanding as such those circumstances beyond the control of the person who invokes them, abnormal and unforeseeable (including weather circumstances) whose consequences could not have been avoided, despite having acted with the necessary diligence.
- That the defects are due to an event that the retailer, or the organizer, despite having put all the necessary diligence, could not foresee or overcome.
In the cases of exclusion of liability contemplated in paragraphs b), c) and d), the organizer will be obliged to provide the necessary assistance to the consumer who is in difficulty. However, the costs of accommodation, transportation, maintenance, repatriation or others caused by these incidents will not be the responsibility of the Organizing Agency.
When the trip is made in their own vehicles or vehicles rented by the Organizing Agency, in the event of an accident, regardless of the country where it occurs, the traveler expressly submits to the legislation on accidents of the country in which the vehicle is registered.
Since they are common and frequent in passenger transport, it is worth highlighting the cases of incidents in Air Transport, such as denied boarding for any reason unrelated to the organization (lack of proper documentation, expired passports, in poor condition or with less than 6 months of validity, absence of visas, internal airport security, immigration conditions, sanitary measures...), cancellations, changes or delays in flights with or without missed connections; loss, delay or damage to baggage; changes in the route for reasons of air safety, weather… etc. In these cases, it is the traveler who must manage the claim for their rights as a passenger in the same place where the events occur (usually at the airport itself by filling out a P.I.R form) and before the management company or competent authorities (airline, airport management, airport security, customs or immigration department...), to obtain all the necessary documentation that justifies, confirms and describes the event for immediate or subsequent actions. The air ticket is, for legal purposes, the legal contract between both parties: the carrier (the airline) and passenger.
(*) We remind you that in these cases the travel agency has no liability or legal responsibility as these are unforeseeable situations caused by a third party. However, as an added value of customer service, Luxotren.com puts all the necessary human resources to help and advise the traveler in these incidents, mediate, as well as activate the action procedures and opening of the file before the insurance in his case to expedite the procedures in case of having it contracted. We insist that this work of the agencies is not contractual, habitual or frequent, just a business decision, for which understanding is requested and a positive attitude is recommended from travelers affected by this type of inconvenience, inherent per se to travel and air transport in general, recommending patience and willingness, which always offers better results and faster and more effective responses.
5. CANCELLATIONS BY THE AGENCY: MINIMUM GROUP AND FORCE MAJEURE CAUSE
In the cases in which the realization of a trip is subject to having a minimum number of participants, and so specified, the Agency may cancel the trip in the event that this minimum number of participants is not reached, notifying it with a minimum of 15 days before the scheduled departure date.
Likewise, the Agency can also cancel a trip due to force majeure, understanding as such those circumstances beyond the control of the person who invokes them, abnormal and unforeseeable, when the consequences of those circumstances could not have been avoided despite having acted with due diligence.
In both cases, the consumer will be entitled to reimbursement of the amounts paid, except for management expenses and contracted insurance.
6. CHANGE AND MODIFICATION OF THE TRAVEL PROGRAM BY THE ORGANIZER
The Travel Agency undertakes to provide its clients with all the contracted services contained in the program/offer that has given rise to the combined travel contract, with the stipulated conditions and characteristics, all in accordance with the following points:
Before the trip departure
If the Organizer is forced to significantly modify any essential element of the trip program, including the price, this must be notified to the consumer in writing, so that the latter can choose between canceling the reservation or the contract, or accepting the modifications of the trip initially hired. Sufficient causes for the modification of the trip are considered to be cases of force majeure (extraneous, abnormal or unforeseeable circumstances) or the adaptation of the route to a certain flight/transport plan. In such a case and unless the parties agree otherwise, the consumer may choose between terminating the contract without any penalty or accepting a modification of the contract in which the variations introduced and their impact on the price are specified.
For these purposes, the following are not considered modifications of essential elements: the change of a visit for another of comparable characteristics; the alteration of the schedules or the chronological order of the visits; the change of the location of the places of food or overnight stay within the itinerary of the trip; the replacement of the means of transport on a specific route; the variation of shows and performances.
If for technical or organizational reasons Luxotren.com or the organizer finds it necessary to suspend the trip, a new date or a refund of the amount must be offered to the traveler.
The consumer must communicate, preferably in writing, the decision that he adopts within three days of being notified. In the event that the consumer does not notify his decision in the indicated terms, it will be understood that he opts for the termination of the contract without any penalty.
In the event that the consumer 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 consumer, the latter shall have the right, from the moment of the termination of the contract, to the reimbursement of all amounts paid under it, or to the realization of another combined trip of equivalent or higher quality, provided that the Organizer or Retailer can propose it. In the event that the trip offered is of inferior quality, the Organizer or the retailer must reimburse the consumer, where appropriate, based on the amounts already paid, the difference in price in accordance with the contract. In these cases, the Organizer will be responsible for paying the consumer the compensation that, if applicable, corresponds to breach of contract, which will be 5% of the total price of the contracted trip, if said breach occurs between two months and 15 days immediately prior to the scheduled date of the trip; 10% if it occurs between the previous 15 days and 3 days, and 25% in the event that the aforementioned breach occurs in the previous 48 hours.
In the case of the following cases, there will be no obligation to compensate for cancellation:
- When the number of people registered for the combined trip is less than required and the consumer is notified before the deadline set for this purpose in the contract.
- When it is due to reasons of force majeure, understanding such circumstances beyond the control of the person invoking them, abnormal and unforeseeable, whose consequences could not have been avoided, despite having acted with due diligence (political, natural causes, recommendations from embassies, etc.). exceptional situations, unexpected or sudden alterations of nature….)
- When the cancellation or non-completion of the trip is the direct responsibility of the client, such as those mentioned in section number 10 of cancellations.
Once the trip has started
If the organizer does not provide or verifies that it cannot provide an important part of the services provided for in the contract, it will adopt the appropriate solutions for the continuation of the organized trip, without any price supplement for the consumer, and where appropriate, will pay the latter Lastly, the amount of the differences between the benefits provided and those provided. If the consumer continues the trip with the solutions given by the Organizer, it will be considered that he tacitly accepts said proposals.
If the solutions adopted by the Organizer are unfeasible or the consumer does not accept them for reasonable reasons, the first must provide the latter, without any additional price, a means of transport equivalent to that used on 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 applicable.
In the event of a claim, the organizer must act diligently to find the appropriate solutions.
In no case will the Organizer be responsible for anything not included in the combined travel contract (for example, transport tickets from the origin of the passenger to the departure point of the trip or vice versa, hotel reservations on days before or after the trip, etc.), there being no obligation to indemnify for these possible expenses of independent services in the event that the trip is canceled for the reasons provided in the cases detailed in previous paragraphs.
If the hotel/airport/hotel transfers/assistances, or other similars, included in the offer, are not fulfilled due to reasons beyond the control of the transfer operator and not attributable to the Organizer, the latter will refund the amount of the alternative transport that has been used by the client during the trip, prior presentation of the corresponding receipt or invoice.
7. DOCUMENTATION, VISAS AND HEALTH
All people registered on a trip are responsible for having the necessary documentation in order for entry and free movement by the country being visited (D.N.I., passport, visas, sanitary measures, etc.). Regarding inquiries, the agency acts as an informer, but it is always the client's ultimate responsibility to confirm before the competent authorities.
The client expressly assumes the processing of the management and obtaining of these documents with the necessary prior time for the start of the trip (visas, passports, health cards,...), being the latter the one who assumes the expenses of the consular fees and management of said documents. documents. There may be some exception if in any specific case it is included in the travel program, or in special cases in agreement with the agency, in which case it would be reflected in the information sent to the client. If this specification does not appear anywhere, it is understood that it is the responsibility of the client. In any case, the agency will provide all the necessary information for its processing, as well as letters of invitation, vouchers and any document necessary for its processing.
It is important to remember and take into account that the airlines will not allow any passenger to board without the visas and/or documentation required to enter the destination country, in which case they will lose the total amount of the trip and without the possibility of reimbursement or return. In the event that, due to the lack or incorrectness of the necessary documentation, the client is forced to cancel or abandon the trip, the Agency will apply the cancellation conditions indicated in the cancellation paragraph, section 10.
Citizens with a non-Spanish passport must contact the respective Consulates and/or Embassies to find out how to process the visas or entry formalities required by the countries visited on the trip. Minors under 18 must present, at least, one document authorizing them to travel, signed by their parents. In the event that, due to the lack or incorrectness of the necessary documentation, the client is forced to cancel or abandon the trip, the Agency will apply the corresponding cancellation conditions.
8. PASSENGER OBLIGATIONS
Los viajeros deberán:
- Respetar las medidas y controles que, en materia de protección civil y seguridad puedan establecerse.
- Atender las indicaciones en todo caso que les formulen los empleados de cada tren, de cara a la correcta prestación del servicio, así como lo indicado para tal fin en los carteles colocados a la vista en instalaciones y trenes.
- Ir provistos, durante el tiempo que dure el viaje, del título de transporte correspondiente o bono del viaje.
Los viajeros en ningún caso podrán:
- Travel to places other than those authorized for travelers within the tour, except at their own risk.
- Carry out actions that disturb the order inside the trains, imply danger to the physical integrity of other passengers or disturb them, involve the deterioration of the material in the vehicles or endanger the safety of transport.
- Get on or get off the train while it is moving and/or outside the stops established for this purpose.
- Carry with them materials susceptible to explosion or inflammation and packages that due to their size, volume, content or smell may damage, annoy or stain other passengers or railway material.
- Carry out any other conduct prohibited by current legislation.
The above cases will be subject to sanctions after instruction of the corresponding disciplinary procedure, without prejudice to the application, in the cases of letters b) and d) of the exclusion of the traveler, in accordance with the provisions of article 90 of spanish Reglamento del Sector Ferroviario, without in such cases the latter having the right to reimbursement of the price paid for their trip.
The traveler's luggage is not the subject of the combined travel or transport contract, being understood, for all purposes, that the traveler will always keep it with him, whatever the part of the vehicle where it is located, without the Organizing Agency being responsible for any delay, loss, damage or deterioration that it could suffer during the trip in any of the transfers included in the trip (air, sea or land...). The responsibility of the Community Airlines in relation to the transport of passengers and international baggage is governed by all the provisions of the Montreal Convention, ratified by the Spanish State on 06-04-02 and published in the BOE on 05-20 -2004, forming part of our internal legal system in accordance with the provisions of article 96 CE and art. 1 and 5 of CC. Said Agreement is of direct and preferential application to the internal rules of contractual responsibility in claim for damages and losses derived from the loss and delay in the delivery of luggage in the international transport of travelers by the Airlines and regulates, in its article 17, the responsibility sole and exclusive of the carrier, regulated by BOE 034/1999 of February 9, 1999, which modifies the Warsaw Treaty of February 12, 1929.
The indications of section 4 (*) apply at this point.
In case of air transfers, we recommend showing up for boarding at the airports three hours before the departure of the flight. The agency will send relevant information to travelers regarding the data related to their trip by the means that they have provided (mail, telephone, sms, WhatsApp) so they must be aware and indicate if they will not be available to communicate another way. Passengers who do not receive such information must reconfirm with the organizing agency within 48 hours prior to the scheduled departure, the meeting point, date, time and flight number. If this reconfirmation is not carried out, the agency declines all responsibility in case of alterations to the information previously provided.
The traveler must be consistent and responsible with the schedules established in the development of their trip, complying with the planned schedules and avoiding delays. Expenses arising from absences or lateness will be borne by the traveler and will not be subject to return or reimbursement. In many places late arrivals are not expected and the journey continues with passengers who are on time.
11. CHANGES, CANCELLATION AND/OR RESCISSION OF THE TRIP BY THE TRAVELER
The user who desists from the contracted services has the right to a refund of the amount paid, according to the advance notice with which he communicates the cancellation with respect to the start date of the trip, and must indemnify the Agency for the items detailed below:
Management fees: Minimum €100
Cancellation expenses: Amounts to be deducted from the price of the trip to cover the expenses caused to the different suppliers that take part in the trip and that will be indicated in each program. Variable amount, from 0 to 100% for including plane tickets, hotels, expenses of local correspondents, etc., some non-refundable and being greater as closer to the start date of the trip and variables depending on the final organizer of the trip (agency, tour operator or wholesaler). In any case, the economic consequences of the cancellation under special contracting conditions will affect the client.
The client who expresses the intention to cancel his reservation, must formally communicate it in writing (mail) with the utmost urgency and the refund of the amount will be made only by bank transfer to a bank account whose ownership corresponds to the client who has made the reservation and the subsequent cancellation
When part of the trip consists of transport reservation with special conditions (flights, charter, trains, exclusive transport...), 100% of expenses could be applied to the plane ticket.
In the event that a trip is contracted to a wholesaler or tour operator other than Luxotren.com, the applicable conditions will be those of said operator. The client can at any time request the name and/or conditions of the wholesaler who organizes the trip.
The general conditions of the trips will always be subject to the particular conditions of the specific trip, which the client may request at the time of contracting.
In the event that the place to be canceled is in a shared room and the occupant cannot be replaced for said room, the client must assume the amount of the individual supplement involuntarily obligated to the partner, added to the rest of the cancellation costs, if any.
In the case of noshow at the time of departure without prior documented cancellation, of late presentation, or of non-permission to board or start the trip for reasons beyond the control of the agency and responsibility of the traveler (lack of essential documentation...), of abandonment of the trip before the end, or of forceful reasons with which the person in charge of the trip is forced to abandon it, due to behaviors that affect the safety or well-being of the rest of the travelers, will mean the total loss of the amount of the tourist package.
Any change made by the Client that modifies the identity of the travelers who will occupy the reserved places, the departure dates or the chosen trip will require the cancellation of the reservation made and the making of a new one.
Each trip will have its particular cancellation conditions within the scales stipulated by law, which the client can request and which may vary with each program and tour operator when appropriate. On trips without flights, it is possible that if the canceled seat is replaced with another traveler, the minimum expenses may be charged. In trips with air tickets with special contracting conditions, 100% of the amount of the flights is applied once the ticket is issued, and regardless of the cancellation date with respect to the start of the trip, unless it is the airline itself that determines other quantities or conditions. In such cases, the cancellation rates will be applied to the rest of the trip and/or according to the particular conditions of each provider.
In this sense, in addition to the aforementioned management expenses and the indicated cancellation expenses, the consumer must pay a penalty consisting of 5 percent of the total amount of the trip, if the cancellation occurs with more than ten and less than fifteen days before the date of the beginning of the trip; 15% between days three and ten, and 25% within forty-eight hours (48 hours) prior to departure.
All travelers are strongly advised to purchase cancellation insurance to cover potential cancellations.
The payment of the refund, if applicable, will be made by bank transfer to the account provided by the CLIENT.
No return or reimbursement will be made for the non-use of any type of service (air, land or sea transport, accommodation, meals, excursions or any included in a travel package) when the reason for it is the direct decision and responsibility of the client:
Delays or non-presentation at the time or place indicated for the start and/or completion of the trip or meeting with the group.
Not possessing the necessary and mandatory documentation for the trip and/or destination (DNI, Passport, Visas, special permits, international vaccination record…)
Services not used voluntarily by the client, whatever the cause of non-use.
Voluntary abandonment of all or part of the trip once it has started, in terrestrial programs.
Repeated uncomfortable or annoying behaviors towards the rest of the group that cause complaints and discomfort, forcing those responsible to respond with authority over them.
Situations caused by the client and outside the agency.
In any case, the economic consequences of the cancellation in the event of special contracting conditions (such as chartering of planes, ships or special rates, transport rates at a reduced price or economic requirements of certain suppliers) will affect the client in the terms that has been reported.
12. POLITICAL, SECURITY AND HEALTH SITUATION IN THE COUNTRY OF DESTINATION
In extraordinary moments we refer to the official sources of competent authorities. Knowing this information, the traveler is aware of the social or political, security and health situation of the country of destination, and accepts the risk that travel to that destination may entail. POLITICS AND SECURITY, official recommendations of the Ministry of Foreign Affairs of the Spanish Government that appear on its website http://www.mae.es HEALTH: Official recommendations on vaccines and necessary precautions of the Ministry of Health and Consumption that appear on its website http://www.msc.es.
THE CONFIRMATION OF A CUSTOMER'S RESERVATION IN ANY LUXOTREN.COM TRIP OR ACTIVITY IMPLIES THE ACKNOWLEDGMENT AND ACCEPTANCE OF THE ABOVE CONDITIONS
Kivuca 37 S.L.U., CV-Mm-2395-CS
Plaza España núm. 6 - 3ºA
50001 ZARAGOZA (ESPAÑA)
TEL. (+34) 645 807 386