General terms conditions of sale
1. 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 the provisions of the Catalan regulations. of the travel agencies (Decree 168/1994, of May 30) and by the State (Spain) Law on general contracting conditions (Law 7/1998, of April 13).
2. People with reduced mobility
Persons with reduced mobility, before proceeding with the reservation request, must inform the agency of such situation, in order to assess the possibility and feasibility of contracting the trip according to their characteristics.
In accordance with the provisions of the Regulation EC 1107/2006, is understood as a person with reduced mobility, any person, the mobility of which, to participate in the trip, is reduced for reasons of physical disability (sensory or locomotor, permanent or temporary), disability or intellectual disability, or any other cause of disability, or age, in which their situation requires adequate care and adaptation to their particular needs of the service made available to the rest of the participants in the trip.
3. Travel inscription
The inscription to the trip and the consideration of reservation requires that the client has satisfied a deposit of 40% of the total amount budgeted, unless the economic conditions of the suppliers impose the advanced payment of another amount . The remaining amount must be paid no more than 15 days before departure. In the event of not paying the remaining amount in the previous period (or, if different, in which it is established in the budget or advertising of the specific trip), it will be understood that the client desists from the trip interested, accruing the expenses exposed in condition 6 (cancellation by the client).
4. Modification of the trip by the organizer
When the organizer is obliged to significantly modify the essential elements of the trip, he must notify the client in writing as soon as possible, so that he can choose between rescinding the reservation or the contract, with the right to full refund of the amounts paid, or Well accept the consequences of the modification of the initial trip.
In the event that the client does not communicate his decision in writing within three business days following the notification, it will be understood that he opts for the rescission of the reservation or contract.
5. Contractual status
The realization of some of the trips organized by PORTS EXPERIENCE, may be conditioned to the registration of a certain number of people. The agency will inform before hiring if the trip in question is or not subject to the registration of a certain number of people. If this group is not formed, the agency can cancel the trip without the right to compensation for the client provided that it is communicated within a maximum period of 3 calendar days before the scheduled start date.
6. Cancellation by the client
If the client desists from the trip, after the formalization, at least, of the deposit required to consider the reservation firm, he must indemnify the travel agency with the payment of the management expenses of the selling agency, of € 50 per person in the case of custom-made trips, or € 30 per person in case of packages advertised by PORTS EXPERIENCE, justified annulment expenses (caused to different touristic-wholesale suppliers, airlines, etc.) and a consistent penalty:
5% of the total amount of the trip if the cancellation occurs with more than 10 and less than 15 calendar days prior to the start date of the trip
15% of the total amount of the trip if the cancellation occurs between 3 and 10 calendar days before the start date of the trip
25% of the total amount of the trip if the cancellation occurs within 48 hours prior to the start date of the trip
100% of the total amount of the trip if you do not show up on the scheduled day of departure
In any case, the economic consequences of the cancellation in case of special contracting conditions (such as low price transport rates or economic requirements in certain suppliers) will be passed on to the client provided that the contract has been recorded.
Travel insurance, cancellation and airline tickets (in case they are contracted through the agency) will not be refundable.
7. Travel cost
The price of the trip includes the tax on the added value when it is applicable and it is understood as valid during the indicated season.
The price can be revised up to 20 calendar days before the date of departure in case there are variations in the cost of transport (including the cost of fuel), in the rates or taxes related to certain services (such as those of landing, boarding or disembarking at ports and airports) and at the exchange rates applied to the trip.
Travel and cover cancellation insurance: If the tour package does not include travel insurance and / or cancellation, the client is advised to inform of their coverage before hiring, which we always recommend.
All Ports Experience tour packages include accident insurance for activities carried out directly. If you want to expand the coverage, please get in touch.
The agency is oblivious to the resolutions that the insurance company determines on the incidents or claims declared by the traveler and has no responsibility for these responses. The processing of the claim before the insurer corresponds exclusively to the client, leaving the agency completely outside of this process.
8. Accommodation establishments
The content and quality of the services provided by tourist accommodation establishments are determined by the local tourist category specified in the contract or in the technical specifications. In the event that this classification does not exist, the description and the characteristics of the establishment will be expressed in the contract.
The travel agency is not responsible for incidents related to luggage and personal effects of its customers. Your transportation is at the traveler’s risk.
It is recommended to all customers that are present in all handling of loading and unloading of their luggage.
Tourist accommodation establishments, in accordance with the specific regulations, will be responsible for any incident related to baggage and personal belongings that happen during the period of accommodation in them.
For air, maritime or river transport, the conditions of the transport companies are applicable, 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 your luggage, the client must present immediately (before leaving the airport or port), the timely claim to the transport company.
10. Other services
As a general rule, the full board includes continental breakfast, lunch, dinner and accommodation. Half-board, unless otherwise indicated, includes continental breakfast, dinner and accommodation. As a general rule, drinks are not included in these meals.
Special diets (vegetarian or any special diet) are only guaranteed if they have been agreed by the parties in particular conditions.
The customer is obliged to always carry the national identity document and also, if required, the passport in the original and current copies.
The agency has the duty to inform about special documents (such as visas, medical certifications of vaccination or health, etc.) that the destination of the trip requires for entry into the country, and the client expressly assumes both its processing (except in case of another agreement with the agency) such as the consequences of not carrying or the fact that they are not valid.
Foreign customers must ensure that they meet 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 must carry a document authorizing them to make the trip, signed by both parents, by the custodial parent (in cases of separate or divorced marriages) or by the guardian.
12. Transfer of the reservation
The client can assign his reservation to a third person provided that he communicates it to the agency 15 days before the date of beginning of the trip and that this is not expressly prohibited by the providers of the different services. There are suppliers who can request high management fees for the transfer of the reservation, so, before proceeding to it, consult these expenses with the travel agency. Likewise, the agency will receive an amount of € 20 of management expenses for each transfer of reservation.
The transferee must meet the same requirements as the transferor, and both will be jointly and severally liable to the travel agency for the payment of the price of the trip and the additional costs of the assignment.
13. Health status of the client
Due to the type of activities and trips that we organize, in which it is essential to have a good level of fitness and an optimal state of health, the client commits to indicate to the agency any incidence related to his / her health and physical condition, as well as if it follows any medical treatment, the agency having the power to reject the client if it considers that the contracted service is not appropriate to their health status or may prevent the normal follow-up of the trip.
In the event that the client does not warn of the above to the agency, and during the trip any incident that endangers the health of the client or the normal monitoring of the group, this may cause the client to leave the trip at his expense and no right to reimbursement for services that have not yet been used.
The organizing agency must respond to the consequences arising from the non-execution or poor execution of the contract in proportion to its intervention in the management of the package.
However, will be exempted from this responsibility when there is a cause of force majeure (circumstance, abnormal and unpredictable), by a fact that neither the organizing agency nor the suppliers have been able to avoid or when the cause is attributable to the client or a third party. By way of example, the agency assumes no responsibility for injuries, loss of services, theft, etc. derived from conduct such as terrorism, strikes, government restrictions, or any other circumstance of force majeure.
The client is obliged to inform the organizing agency, as soon as possible and in writing, of any breach or defect in the execution of the contract that he has checked on site. However, it will immediately notify the final service provider of the so-called non-compliance or defect in writing.
In group trips, the modification of the initial contract may be accepted provided that the alteration of the itinerary or the replacement of services are justified by circumstances of force majeure, to safeguard the safety of travelers, due to weather conditions, by unforeseen impositions of the providers in the area or for reasons of limited local infrastructure. Any other alteration of the route must be approved by the group and expressly consented by the agency.
The agency does not assume any responsibility derived from the hiring of any service (such as air tickets, accommodation, transfers, etc.) that is part of the clients’ trip but has not been hired by our agency. Therefore, it does not assume any responsibility for losses of services derived from delays, cancellations, changes in transportation, accommodations and / or any other service not contracted directly by our agency.
In the event of an incident on your flights (whether the air transport has been contracted by the agency or directly by the client), the client is recommended to request, before leaving the airport, the corresponding certificate as the flight has been delayed / canceled / etc. and that it reflects the time in which it has finally departed and the time when the client has finally arrived at the destination. All this, so that the customer can claim responsibility to the airline when the incident is not a case of force majeure for the airline.
In the event that the client submits a claim, the organizing agency or the selling agency, depending on the obligations that correspond to them for their respective field of travel management, will have a period of one month from the date of presentation of the claim for Give a response to the client.
The client may also request the competent administrations to intervene as mediators of the conflict. Submission to mediation is voluntary for the travel agency, so it will assess case by case if you accept or not the mediation proposed by the administration at the request of the consumer.
If the conflict is not solved by any of these ways, the consumer would have the possibility of going to the arbitral or judicial way.
The consumer is informed that our agency isn’t attached to the arbitration system of consumption (JACC), in order to resolve consumer conflicts between the client and the supplier.
In the event that the client decides to go to court, it is noted that the limitation period for legal actions derived from the combined travel contract is two years from the day on which the trip ended or should have ended.
The Travel Agency has the insolvency guarantee established for combined trips in Article 252.10-11-12 of Law 22/2010, of July 20, of the Consumer Code of Catalonia formalized through the insurance policy XXXXXXXXX with the insurance company XXXXXXXXXXXXXXXX covering, in case of insolvency of the Agency of Travel, the effective reimbursement of the payments made by the contracting travelers of a combined trip that they would have had to make to the extent that the corresponding services had not been carried out until the end of the contracted trip and, if the transport was included in the combined trip contracted, repatriation expenses, and lodging expenses prior to it.
Procedure to be performed by the insured (client): contact the insurance company XXXXXX within a maximum period of 7 days from the occurrence of the incident or claim with the right to coverage through
• Telephones: XXXXXXXXX
• By email: XXXXXXXXXXXX
• Introducing yourself personally to any of the XXXXX offices
17. Personal data processing
Personal data of individuals who, in their own name or on behalf of legal entities, contract with this agency will be incorporated and treated in an automated file owned by XXXXXXXXXXXX, which complies with the necessary security measures to guarantee total security of the data. In compliance with the regulations, the owner of the data may exercise the rights of access, rectification, deletion (forgetfulness), portability, limitation and opposition recognized by the European Regulation (GDPR) and the Organic Law on data protection (LOPD) , by contacting: XXXXXXXXXXXXXXXXXX or by email at firstname.lastname@example.org
The agency is authorized to use the data during the term of the contract and for the information of its services.
These clauses of general conditions have been drafted dated June 12, 2018 and have an indefinite term as long as they are not modified by the agency.
+34 699 37 19 31 (English)
Travel agent XXXX (Catalonia)