It is understood by information brochure the document to which the description of the package tour contained in the brochure that constitutes the object of the Package Tour Contract is incorporated.
A user or consumer client/customer is considered to be any natural or legal person who purchases or agrees to purchase the package tour.
The information on the program/offer contained in the brochure is binding on the organizer and the retailer. Booking any of the trips included in this catalog implies full acceptance of these general conditions, which are automatically considered incorporated into the contract, without the need for their written transcription.
Legal framework applicable to the package travel contract and acceptance of the General Conditions.
Applicable legislation
These General Conditions are subject to the provisions of the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, amended by Royal Decree Law 23/2018 of December 21, Law 7/1998, of April 13, on General Conditions of Contract, and Decree 13/2011 of February 25, which establishes the general provisions necessary to facilitate the freedom of establishment and provision of tourist services, the regulation of the responsible declaration, and the simplification of administrative procedures in tourism matters and Decree 6/2013, of February 8, on measures to simplify administrative procedures.
These General Conditions will be incorporated, signed by the contracting parties, as a sign of the consumer's acknowledgment and acceptance of each and every one of these conditions. These conditions will be incorporated into all travel contracts whose subject matter is the programs/offers contained in the program/brochure. They bind the parties, subject to the specific conditions agreed upon in the contract or included in the travel documentation provided at the same time as the contract is signed. These General Conditions will apply to those services provided for in Article 151.1.a) of the aforementioned Royal Legislative Decree 1/2007.
Organization.
This package tour has been organised by Seahaven Premium, SL with Tax ID No. B42928259 and registered office at C/ Tramontana, No. 32, 2º C, 28223 Pozuelo de Alarcón – Madrid (Spain).
Price.
The price of the Package Tour includes: Transportation and accommodation, when these services are included in the contracted program, and the meal plan specified in the contract or in the documentation provided to the consumer at the time of signing.
Hotel establishment fees and taxes, as well as indirect taxes (Value Added Tax (VAT), Canary Islands General Indirect Tax (IGIC) in Spain, or other applicable taxes in the destination countries, unless otherwise indicated in the program.
Technical assistance during the trip, when this service is specifically included in the contracted program.
All other services and supplements that are specifically specified in the contracted program or that are expressly stated in the package travel contract, as well as management fees.
Prices are calculated based on the current season and will be reviewed at the time of issuing and formalizing the program in terms of applicable taxes and/or fees in force.
Any upward price revision made within the 20 days immediately prior to the departure date of the trip will be void.
Exclusions. The package price does not include:
Visas, airport taxes, and/or entry and exit taxes, vaccination certificates, "extras" such as coffees, wines, spirits, mineral waters, special diets - not even in the case of full or half board, unless expressly agreed otherwise in the contract -, laundry and ironing of clothes, optional hotel services, and, in general, any other service not expressly listed in the section «The price includes» or is not specifically detailed in the program, in the contract or in the documentation given to the consumer upon signing it.
Tips.
The package tour price does not include tips or services for guides, porters, or other guests at the destination.
Payment Method. Registration and Refunds.
At the time of the reservation request, the organizer will require a deposit equal to thirty percent of the total amount of the trip, issuing the corresponding receipt specifying, in addition to the amount advanced by the consumer, the package trip requested.
From that moment on, the package travel contract, as well as the general conditions to which it adheres, are binding on both parties. If any of the services cannot be confirmed, the organizer will propose an alternative that the client may accept. Should the client reject this option, this will result in a full refund of the amount paid, equal to 30 percent of the total package trip, without any penalty.
The full amount of the air services will be paid to the organizer prior to the issuance of the tickets.
The remainder of the contract price must be paid upon delivery of the vouchers and travel documents, thirty days before the departure date. Exceptions apply to providers, which will be communicated to the user in writing.
Failure to pay the full price of the trip under the specified conditions will result in the consumer cancelling the requested trip and losing the advance payment for the program.
Consumer and user withdrawal (Article 160 of Royal Decree 1/2007 of the General Law for the Defense of Consumers and Users).
At any time, the user or consumer may withdraw from the services requested or contracted, but must compensate the organizer in the following cases:
1. In the case of individual services: All management fees, plus cancellation fees, if any.
2. In the case of package tours:
a) A penalty consisting of 5% of the total amount of the trip if the cancellation occurs between 15 and 10 calendar days prior to the start date of the trip, 15% if it occurs between 10 and 3 calendar days, 25% if the cancellation is made within the 48 hours prior and 100% if the cancellation is not made at the scheduled departure time.
If the consumer does not show up for the departure, the consumer and user is obligated to pay the full amount of the trip, paying, where applicable, any outstanding amounts unless otherwise agreed between the parties.
b) In the event that the package tour is subject to special economic conditions, such as aircraft or ship freight, or special rates, cancellation and management fees will be established in accordance with the conditions agreed between the parties.
All these assumptions will be reviewed in the event of force majeure.
Modifications and terminations of the contract due to causes attributable to the organizer or cancellation of the trip (Article 159 of Royal Decree 1/2007 of the General Law for the Defense of Consumers and Users).
1. In the event that the consumer and user chooses to terminate the contract, or that the organizer cancels the package trip before the agreed departure date, for any reason not attributable to the consumer and user, the consumer and user shall have the right, from the moment the contract is terminated, to a refund of all amounts paid under the contract, or to another package trip of equivalent or higher quality, provided that the organizer or retailer can offer it.
In the event that the trip offered is of inferior quality, the organizer or retailer must reimburse the consumer and user, where appropriate based on the amounts already paid, the difference in price, in accordance with the contract.
In any case, the consumer and user may demand reimbursement of the amounts disbursed from the business to whom they paid them, who must reimburse them within the timeframes and conditions provided for in Article 76. The calculation of the timeframe, in this case, will begin from the time the consumer and user is notified of their decision to terminate the contract or from the time the circumstances determining the cancellation occur.
2. The same right provided for in the previous section will apply to consumers and users who do not receive confirmation of their reservation in accordance with the terms stipulated in the contract.
3. In the above cases, the organizer and retailer will be responsible for paying the consumer and user any compensation due for breach of contract. This compensation may not be less than 5 percent of the total price of the contracted trip if the breach occurs between two months and fifteen days immediately prior to the scheduled trip date; 10 percent if it occurs between fifteen and three days prior; and 25 percent if the breach occurs within the previous 48 hours.
4. There will be no obligation to compensate in the following cases:
to) When the cancellation is due to the number of people registered for the package trip being lower than required and the consumer and user are notified in writing before the deadline established for this purpose in the contract, which will be at least 10 days prior to the scheduled start date of the trip.
b) When the cancellation of the trip, except in cases of overbooking, is due to force majeure, meaning circumstances beyond the control of the party invoking them, abnormal and unforeseeable, the consequences of which could not have been avoided despite due diligence.
Responsibility.
General.
The organizer and retailer of the package travel shall be liable to the consumer, based on their respective obligations under their respective scope of management of the package travel, for the proper fulfillment of the obligations arising from the contract, regardless of whether these obligations must be fulfilled by themselves or by other service providers, and without prejudice to the organizers' and retailers' right to take action against said service providers.
The organizer and retailer of the package tour shall be liable for any damages suffered by the consumer as a result of the non-performance or poor performance of the contract. This liability shall cease when any of the following circumstances occur:
Limits of compensation for damages.
Regarding the limit of compensation for damages resulting from non-compliance or poor performance of the services included in the package tour, the provisions of the relevant international conventions shall apply.
Other responsibilities
When the lack of flight connections, even due to schedule changes by participating airlines, requires an overnight stay or a long wait, the costs arising from this fact, including accommodation, meals and transport, shall be borne by the air carrier causing the overbooking, cancellation or delay, in accordance with the provisions of Regulation EEC 261/04, which establishes common rules on compensation and assistance to air passengers in cases of denied boarding and cancellation or long delay of flights.
The user has been informed of the unique characteristics of alternative travel, particularly the climatic conditions of the destination country, the limitations of local professionals, and the lack of comparability of the local road, air, and hotel infrastructure to conventional standards in Western countries.
The final itinerary detailed in the technical sheet is for guidance only, and all services included in the program must be confirmed in writing before payment is made.
The user also accepts the possibility of changing hotel establishments on-site, provided that the hotel has a category or characteristics equal to or superior to those specified in the initial itinerary.
Delimitation of the services of the package tour.
Air travel. Check-in at the airport.
For air travel, arrival at the airport must be made at least three hours in advance of the official departure time for international flights and two hours in advance of the official departure time for domestic flights. In all cases, the specific recommendations indicated in the travel documentation provided when signing the contract must be strictly followed.
Regarding baggage, the guidelines of each airline must be followed, and passengers should inform themselves of their regulations in each case.
Hotels.
General.
The usual check-in and check-out times at hotels depend on the first and last services the guest will be using. Guests should follow the hotel's check-in and check-out instructions.
The accommodation service will mean that the room will be available on the corresponding night, and will be deemed to be provided regardless of whether, due to circumstances specific to the package trip, check-in time may occur later than initially planned.
13.3. 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 that you always check the scope of any special conditions that may apply. These will be provided with specific and detailed information at all times and will be included in the contract or travel documentation provided at the time of signing.
Passports, visas and documentation.
All users, without exception (including children), must carry valid personal and family documentation, whether passport or national identity card, in accordance with the laws of the country or countries visited. Users will be responsible for obtaining visas, passports, vaccination certificates, etc., when their trips require it. Should any authority refuse to grant a visa for reasons specific to the user, or should entry into the country be denied due to a lack of the required documentation, or due to a defect in the required documentation, or due to not carrying it, the organizer declines all liability for such incidents. Any costs incurred will be borne by the consumer. In these circumstances, the conditions and rules established for cases of voluntary withdrawal from services will apply.
Additional information to be provided to the consumer.
At the time of formalizing the contract, the organizer or retailer will inform the consumer about the specific documentation required for the chosen trip and about the possibility of optionally subscribing to insurance that covers cancellation costs and/or assistance insurance that covers repatriation or transfer costs in the event of accident, illness, or death.
Likewise, the organizer will inform the consumer of the health risks and formalities inherent to the destination and the contracted trip, in compliance with the General Law on Consumer and User Protection.
The agency will provide information on the official documentation and health requirements required for the trip; however, the client is solely responsible for both formalizing the required documents and complying with health measures. In cases where the organizing agency handles visa processing, the cost of this process will be separate from the visa and trip costs. The organizing agency will not be liable for any documentation that is lost or delayed due to reasons beyond its control.
Validity.
The validity of the program will depend on the season in which the trip is requested.
IMPORTANT WHEN BOOKING A TRIP
Necessary Documentation and Health Documentation
Our services include the regulations applicable to the trips specified in our catalog regarding the required entry documentation and health documentation at the time of closing the catalog.
Due to the constant variation of these regulations in different countries, we recommend that you check whether there have been any changes to the entry documentation and mandatory health documentation before traveling by using the information on the Ministry of Foreign Affairs website. www.mae.es
Airfares/Flights and Taxes
Airfare prices may change depending on factors beyond the control of the organizing agency. Therefore, if your flights are booked by our agency, they are always subject to "possible changes" until they are issued.
In cases where international or domestic flights change their departure times, program itineraries may be modified.
Air taxes vary depending on destinations, dates, currencies, routes, stops, etc., so their amounts will only be known at the time of ticket issuance. The same applies to fuel taxes, whose amounts will only be known at the time of ticket issuance.
Airport taxes are local taxes paid upon entry and/or exit from a country. These taxes are not included in the ticket price. Therefore, they are always the responsibility of the traveler and must be paid upon entry or exit.
Accommodation
Hotels may establish minimum stays and higher rates after the closing date of our catalog for special events, sporting events, Christmas events, visits by dignitaries, or other events. In these cases, the applicable supplement will be disclosed (for programs with daily departures). In the event of a specific convention or congress requiring a change of hotel category due to the authorities of the respective countries, the organizing agency will refund the difference.
The included meal plan is clearly specified on trips and may be accommodation only, accommodation and breakfast (continental unless otherwise specified), accommodation, breakfast and dinner, or accommodation and all meals included (always specified in the travel contract). In cases where flight departure times, or changes in schedule or day, make it impossible to maintain a specified meal plan, this will not give rise to a refund from the agency. In cases where lunch and/or dinner are included, drinks will always be extra and at the sole expense of the traveler (normally specified in the travel program).
In certain locations, due to a shortage of single rooms, those traveling individually must use double room service at their own expense. In other cases, they may have the option of sharing a room with another traveler for a few nights. In this case, the agency will reimburse the proportional amount of the nights corresponding to this situation.
Hotel classification varies depending on the country of travel and often does not correspond to the standard classification for Spain. Hotels will be classified based on their own professional assessment, and the category of services offered will be clearly stated at all times.
Our services clearly specify the type of hotel and room to be used. Prices are normally based on standard double rooms (two beds). Where single rooms are available, the supplement for this room type is indicated, as is the possibility of using double rooms with children (in family programs), to which one or two beds will be added in the same room, and the price for each child will always be stipulated. Furthermore, all programs specify the hotel category and the option to choose a higher or lower category hotel, with their prices automatically changing. Supplements for additional nights will be applied to the rates for the period of nights following the contracted stay and not to the rates for departure dates (in the case of extending the stay during a change of season).
According to international hotel regulations, check-in hours for hotels are between 1:00 PM and 3:00 PM, and check-out hours are between 11:00 AM and 1:00 PM. However, each establishment has its own opening hours, so these must always be respected.
Credit Cards.
Most hotels require a credit card as authorization. Upon checkout, you must pay for any additional charges (if any). If you do not have any charges due, you can request a refund from your credit card authorization. In any case, the organizing agency is not responsible for any credit card formalities.
Transfers
All selected trips and programs include transfers upon arrival in the country of travel. Depending on the program selected and booked, these will be provided in different types of vehicles (specified in the program).
Cancellation fees
If you cancel a previously booked trip, please consult the organizing agency regarding cancellation fees based on the advance notice of the cancellation.
