Terms & Conditions
Colorfully Spain is a name owned by Viajes Trekking y Aventura S.L. Viajes Trekking y Aventura S.L., with head office at Ventura Rodriguez 15, 28008 Madrid (Spain), is owner of the following website: www.colorfullyspain.com
These General Terms and Conditions are incorporated into the informative document and also the denominated brochure, which is equivalent the aforementioned website. An offer is defined as the description of a travel package that, together with the brochure, constitutes the subject of this contract.
The information about the offer contained in the brochure is binding for the organizer, the retailer and the consumer, except in the following circumstances:
• Changes to the aforementioned information have been clearly communicated in writing to the client before the application of the contract, and this possibility was expressly mentioned in the offer.
• Subsequent modifications to the information, with prior written agreement between the contracting parties.
1. APPLICABLE LAW
The present general conditions are subject to the provisions of Spanish law, Royal Legislative Decree 1/2007 of November 16th, which approves the revised text of the General Act for Consumers and Users Defense and other complementary laws. In particular, provisions concerning travel packages are included in the fourth book of the Royal Legislative Decree 1/2007. Law 7/1998 of April 13th on General Contractual Conditions can also apply. The regulation of Viajes Trekking y Aventura S.L. as a travel agency is subject to Decree 99/1996 of June 27th, which approves the regulation of travel agencies operating in the region of Madrid, and other provisions in force.
The travel packages included in the brochure have been arranged by Viajes Trekking y Aventura S.L., a wholesale and retail travel agent with corporate tax ID number B-28945582, fiscal address at Ventura Rodriguez 15, 28008 Madrid (Spain) and CICMA license 1038.
3.1. The price of the travel package includes:
• Round-trip transportation, when this service is included in the offer purchased, said transport corresponding in type, characteristics and category with the specifications in the contract or in the documentation given to the consumer when signing the contract.
• Accommodation, when this service is included in the offer purchased, in the establishment and with the food provisions specified in the contract or in the documentation given to the consumer.
• The fees or taxes of the establishments and indirect taxes - Value Added Tax (V.A.T.), General Indirect Canary Islands Tax (I.G.I.C) etc., where applicable.
• Technical assistance during the journey, when this service is specifically included in the contracted offer.
• All additional services or complements which are specified explicitly in the offer purchased or expressly included in the travel package Contract.
3.2. Price modifications
The price of the travel package has been calculated on the base of the exchange rates, transport costs, fuel prices and taxes which were applicable at the time the brochure was published. Changes in these costs may lead to modifications in the final price of the journey, increasing or decreasing this by the exact amount by which said costs have changed.
The client shall be notified of these modifications by any means that provides proof of notification. In the event of significant modifications, and unless the parties otherwise agreed, the client may choose to terminate the contract without any penalty or accept a modification of the contract which reflects the necessary variations and their impact on the price. The client must communicate his/her decision to the organizer within three days after being informed. Failure by the client to notify on these terms means choosing the termination of the contract without penalty. Revisions of price increases twenty days immediately before the date of travel will be null.
3.3. Special offers
When a travel package is contracted as a result of a last-minute booking or equivalent special offer at a different price to that expressed in the brochure, the services included in the price are solely those that are specified in detail in the offer, even when said offer refers to travel packages described in this brochure, provided that said reference is included exclusively as general information about the destination.
3.4.1. The price of the travel package does not include:
Visas, airport and port charges and/or country entry and exit taxes, vaccination certificates, “extras” such as coffee, wine, liqueurs, mineral water, special diets food – even when full board or half board has been contracted, unless expressly agreed otherwise –, laundry and ironing, optional hotel services and, in general, any other service that is not expressly included in the section “The price of the travel package includes” or is not expressly included in detail in the offer, in the contract or in the documentation given to the client.
3.4.2. Optional excursions or visits
In the case of optional excursions and visits not originally stipulated, it should be remembered that these are not part of the contract for the travel package. Publication of these in the brochure is merely for informative purposes. These excursions shall be offered independently to the client, with their specific conditions and final prices, and until they are booked there is no guarantee of their availability.
4. PAYMENT TERMS. RESERVATIONS AND REFUNDS
4.1. Reservations and refunds
When the trip is booked, a down-payment shall be required that in no case shall exceed 40% of the total price of the total cost. The client shall be given a receipt that specifies the amount paid and the travel package booked. The balance shall be paid at least 15 days before departure, when the client receives the vouchers or journey documents.
Non-payment of these amounts on the established dates shall constitute non-compliance justifying cancellation of the contract, and shall lead to application of the penalties described in section 5.
All refunds to which the client is entitled, for any reason, shall be made using the same method used to pay for the package. No refunds shall be made for services voluntarily not used by the client.
4.2. Payment method
The client agrees to pay the contracted services using any of the following methods of payment, as detailed on the Trekking y Aventura websites:
- Credit cards (Visa, Master Card), via the secure system.
- Bank transfer within 48 hours from the request for services to the account number provided to the client by Viajes Trekking y Aventura S.L.
- Pay Pal. - Any other method made available in the future on the Trekking y Aventura websites.
In the case of credit card payment, the client authorizes Viajes Trekking y Aventura S.L. to charge his/her credit card upon reservation of the travel package. If it is not possible to charge the credit card (charge rejected), the client accepts Viajes Trekking y Aventura S.L. to make ineffective the reservation.
5. CANCELLATION BY THE CLIENT, TRANSFERS TO OTHERS AND CANCELLATION FOR NOT REACHING THE MINIMUM NUMBER OF BOOKINGS
5.1. Cancellation by the client
The client can request a cancellation of the services requested or purchased at any moment, having the right to a refund of the amounts paid. However, the organizer shall receive compensation for the concepts indicated below, except in the case that the cancellation is made due to unforeseeable circumstances:
• In the case of independent services, the total administration costs, and cancellation costs, if incurred.
• In the case of travel packages:
• administration costs;
• cancellation costs, if incurred;
• penalties: 5% of the total travel price if notification is made by the client more than 10 and less than 15 days before the travel date, 15% if notification is made within 3 and 10 days before the departure date, and 25% if notification is made less than forty eight hours before departure. If the client does not turn up on the date of travel, s/he will have no right to a refund of any of the amounts paid, except if prior other agreements have been made between the two parties. In the case that any of the services purchased and cancelled were subject to special economic conditions, such as chartered flights or ship fees, or other special prices, the cancellation costs would be established according to the conditions agreed by both parties.
5.2. Transfers to others
The booking of the travel package may be transferred to a third party. The client must request this in writing 15 days prior to the departure date, unless a shorter time period has been agreed between the parties. The recipient must meet the same requirements as the donor, expressed as general requirements for the travel package, and both shall be jointly responsible to the organizer for payment of the package and any justified additional costs derived from the transfer.
5.3. Cancellation for not reaching the minimum number of bookings
In the case that the organizer explicitly states a requirement of a minimum number of participants necessary for a travel package and the number of participants is insufficient for the minimum, the travel package will be cancelled; the client will be entitled to a total refund of the price. However, the client does not have the right to claim any compensation whenever the organizer has notified him/her in writing a minimum of ten days prior to the expected travel date.
The organizer must provide clients with all services booked, as described in the brochure on which the travel package contract is based, according to the stipulated conditions and characteristics and subject to the following provisions:
a) If, prior to departure, the organizer is forced to make a significant change to any essential element of the contract, the client must be informed immediately.
b) In such cases, unless the parties have agreed otherwise, the client may choose to rescind the contract with no penalty whatsoever, or may accept an amendment to the contract specifying the variations introduced and their impact on the price. The client shall notify his/her decision to the retailer or, where appropriate, to the organizer within three days after being informed of the change referred to in paragraph a). Should the client not notify his/her decision in the above terms, it shall be understood that the contract is to be rescinded with no penalties.
c) Should the client choose to rescind the contract under the terms of paragraph b), or should the organizer cancel the journey or package before the agreed departure date for any motive not attributable to the client, the client shall be entitled, from the moment in which the contract is cancelled, to a refund of all amounts paid under the terms of the contract or to a different travel package of the same or higher category, provided that the retailer or the organizer can offer such a package. Should the alternative package be of a lower category, the retailer or the organizer shall refund the price difference to the client, when appropriate, depending on the amounts already paid under the contract.
d) In the above cases, the organizer and the retailer shall be liable for paying the client any compensation that may be due for breach of contract. Said compensation shall be 5% of the total price of the travel package booked if the breach of contract occurred between two months and fifteen days immediately prior to the scheduled departure date, 10% if it occurred between fifteen days and three days prior to departure and 25% if the breach of contract occurred during the 48 hours prior to departure.
e) No compensation shall be due in the following situations:
1. When the cancellation is due to not having achieved the required minimum number of bookings and the client is so informed in writing prior to the limit date established in the contract, which shall be no less than 10 days prior to the scheduled departure date.
2. When the cancellation of the travel package, except in the case of overbooking, is due to unforeseeable circumstances, understood as circumstances beyond the control of the organizer, abnormal or unexpected circumstances, whose consequences could not be avoided, despite having acted with due diligence. In the event that, after departure, the organizer does not provide or finds that it is not possible to provide a significant portion of the services specified in the contract, he shall adopt suitable measures to allow the organized journey to continue with no extra cost for the client, and shall refund the client with the amount of the difference between the scheduled services and the services actually provided, should the price of the latter be less. If the client continues the journey with the arrangements proposed by the organizer, the client shall be deemed to have tacitly accepted these arrangements.
f) Should the arrangements adopted by the organizer not be viable or should the client not accept them for valid reasons, the organizer shall provide the client, at no extra cost, with a means of transport equivalent to that used in the travel package in order to return to the point of departure or to any other destination agreed between them, notwithstanding any compensation that may be due.
g) In the case of a complaint, the retailer, or, where appropriate, the organizer, should act with diligence to provide the appropriate solutions.
h) In no case shall the organizer be responsible for anything not included in the travel package contract (e.g., transport costs from the client’s place of origin to the place of departure or vice versa, hotel reservations before or after the travel package, etc.) and there shall be no obligation to compensate the client for any costs for independent services should the package be cancelled in the situations described in paragraph e).
7. CLIENT’S OBLIGATION TO COMMUNICATE ANY NON-COMPLIANCE IN THE EXECUTION OF THE CONTRACT
The client is obliged to communicate any breach in the execution of the contract, preferably “in situ”, or, in any other case, as soon as possible in writing or in any form which demonstrates proof to the organizer or retailer, or, where appropriate, to the service provider in question.
If the arrangements negotiated by the Agency – organizer or retailer – are not to the client’s satisfaction, and independently of the provisions of the next section, the client shall have seven days to present a claim against the retail agency or the organizer. The retail agency or the organizer will have 30 natural days to provide a response to the complaint made by the client, counted from the day after the filing of the complaint to the Retail Agency.
8. LIMITATION OF ACTIONS
The time limit for actions derived from the rights recognized in the Royal Legislative Decree 1/2007 of November 16th, travel package regulator, is two years.
9.1. General terms
The organizer and retailer of the travel package will respond to the client, based on the obligations with respect to the management of the travel package, with correct compliance with the obligations derived from the contract, independent of whether they must comply with them directly or other service providers must do so, and without detriment to the right of the organizers and retailers to act against the aforementioned service suppliers.
The travel package organizers and retailers will be liable for damages suffered by the client as a result of failure to perform or deficient performance of the contract.
This responsibility ends when one of the following circumstances occurs:
1. When the shortcomings observed in the performance of the contract are attributable to the client.
2. When said shortcomings are attributable to a third person unrelated to the provision of the services specified in the contract and are of an unpredictable or unavoidable nature.
3. When said shortcomings are attributable to force majeure, this being understood as unusual or unpredictable circumstances beyond the control of the party pleading them, the consequences of which could not have been avoided even if all due care had been exercised.
4. When the shortcomings are due to an event that the retailer or the organizer, as the case may be, could not predict or avoid, despite having exercised all due care. Nevertheless, in cases in which liability is extinguished due to any of the circumstances described in points 2, 3 or 4, the organizer and the retailer who participate in the travel package shall be obliged to provide all necessary assistance to clients in difficulty.
9.2. Limits of compensation for damages
Regarding the limits of compensation for damages which result from the breach or incorrect execution of the services included in the travel package, International Agreements about the matters will apply.
9.3. Security for contractual liability
The organizer of the travel packages has established and maintains permanently the compulsory security deposit as provided for in the Royal Legislative Decree 1/2007 and determined in detail by the competent tourism authority. The sole purpose of said security deposit is to ensure that the obligations towards the purchaser of a travel package which derive from the provision of services will be met. This refers especially to the refund of amounts paid and compensation for repatriation costs in case of insolvency or bankruptcy of the organizer.
10. - PASSPORTS, VISAS AND DOCUMENTS
All clients, without exception (including children) shall carry the corresponding valid personal and family documents (passport or ID card) as required by the laws of Spain. It is the client’s responsibility to obtain any visas, passports, vaccination certificates, etc., required for the journey. Should a visa be refused by any authority for particular causes related to the client, or should the client be refused entry to the country due to not complying with the country’s entry requirements, to shortcomings in the documents or to not having the documents available, the organizer declines all responsibility. In such cases, the client is responsible for any expenses that arise, and the terms and conditions established for voluntary non-use of services shall apply. All clients, especially those of non-EU nationality, are reminded that they should make sure before starting the journey that they comply with all applicable regulations and requirements regarding visas. Persons younger than 18 years old should carry written permission signed by their parents or guardians, in case this is requested by any authority.
11. INFORMATION THAT THE AGENCY MUST PROVIDE TO THE CLIENT
At the moment of formalization of the contract the organizer or the retailer will inform the client of the specific documentation required for the trip selected and shall council the client regarding insurance policies to cover the costs of cancellation and/or policies to cover repatriation costs in cases of illness, accident or death.
12. VALIDITY AND LANGUAGE
These general terms and conditions are valid from January 1st, 2015, until amended by Viajes Trekking y Aventura S.L. and are binding upon Viajes Trekking y Aventura S.L. However, changes in the above mentioned terms and conditions will be valid when the client is notified before the contract is formalized, or when amendments are agreed by the parties to the contract.
These General Terms and Conditions have been drawn up in the Spanish language. In case of discrepancies between the Spanish text version and any translation or adaptation to another language, the Spanish version shall prevail (http://www.trekkingyaventura.com/condiciones.asp) Date of publication: January 2015