General conditions

The reservation of any of the trips included in this catalog and those trips organized to measure by order of the client, implies the total acceptance of these general conditions, which are considered automatically incorporated into the contract without requiring a written transcription in it. This brochure / website indicates the duration, itinerary, price and services included in the trip. Due to the advance notice with which it is published and the limited space available, the complementary information and possible modifications (if any) will be reflected in the specific informative dossier of each trip, which will be delivered to the client, and which together with the general conditions , act as the final contract.

1. Legal regulation applicable to the package travel contract and acceptance of the General Conditions

These General Conditions are subject to the provisions of Law 21/1995, of July 6, on Combined Travel (BOE 7-7-1995), Law 7/1998, of April 13, on General Contract Conditions ( 14-4-98) and in Law 26/1984, of July 19, General for the Defense of Consumers and Users (BOE 24-7-84) and other current provisions.

2. Organization

The organization of these combined trips has been carried out by OVERTRAILS SL - CIF: B02872968, with address at Samaniego kalea 1 Solairuartea 20400 Tolosa. Retail Agency, CIE license-title: 2507

3. Price

The price of the combined trip has been calculated based on the exchange rates, transport rates, fuel costs and rates and taxes applicable to February 2, 2009. Any variation in the price of the aforementioned elements may give rise to the revision of the final price of the trip up to 20 days prior to the departure of the trip. When the modification is greater than 15% of the total amount, the client may withdraw from the trip, without any penalty, or accept the modification of the contract.

Prices are calculated based on a double room. The triple in most cases does not have any discount, although it is usually a double with an extra bed.

3.1. The price of the combined trip includes: Round trip transportation, when this service is included in the contracted program / offer, with the type of transportation, characteristics and category that appear in the contract or in the documentation that is delivered to the consumer in the moment to subscribe. Rates or taxes of hotel establishments, as well as indirect taxes when applicable, and technical assistance during the trip, when this service is specifically included. Everything that is specified, in addition, in the contract.

3.2. The price of the combined trip does not include: Visas, airport taxes, and / or entrance and exit taxes, vaccination certificates, tips, "extras" such as coffees, wines, spirits, mineral waters, special diets - not even in the cases of full or half board, unless otherwise expressly agreed in the contract, washing and ironing of clothes, optional hotel services, and, in general, any other service that is not expressly listed in the section "The price of the package includes "or is not specifically detailed in the program / offer, in the contract or in the documentation delivered to the consumer.

3.3. Excursions or optional visits: In the case of excursions or optional visits not contracted at origin, it must be borne in mind that they are not part of the combined travel contract. Its publication in the brochure is for informational purposes only and the price is expressed with the indicative of "estimated". Therefore, at the time of contracting at the destination, variations in their costs may occur, which alter the estimated price. On the other hand, these excursions will be offered to the consumer with their specific conditions and definitive price independently, not guaranteeing until the moment of their contracting the possible realization of them.

4. Payment method. Registrations and refunds

In the act of registration, the Agency may require an advance payment that in no case will exceed 40% of the total amount of the trip, issuing the corresponding receipt specifying, in addition to the amount anticipated by the consumer, the combined trip requested. . The remaining amount must be paid against the delivery of the vouchers or travel documentation, which must be made at least 15 days before the date of departure. If the total price of the trip is not paid under the conditions indicated, it will be understood that the consumer desists from the requested trip, the conditions set forth in the following section being applicable. All refunds that are appropriate for any concept, will always be formalized through the Retailer Agency where the registration was made, and no refund will be made for services not used voluntarily by the consumer.

5. Withdrawal of the consumer. Assignments and Cancellations of the trip for not reaching the number of people registered the minimum foreseen

At any time, the user or consumer can withdraw from the requested or contracted services, having the right to a refund of the amounts paid, whether it is the total price or the advance provided for in the preceding section, but must compensate the Agency for the following concepts:

In the case of individual services: All management costs, plus cancellation fees, if the latter had occurred.

In the case of package tours and unless the withdrawal occurs due to force majeure: • Management fees (minimum € 30) plus cancellation fees, if any.

A penalty, consisting of 5% of the total trip if the withdrawal occurs more than 10 days and less than 15 days before the start date of the trip; 15% between days 3 and 10, and 25% within 48 hours prior to departure. If you do not show up at the scheduled departure time, you will not be entitled to any refund of the amount paid, unless otherwise agreed by the parties.

In the event that any of the contracted and canceled services were subject to special economic contracting conditions, such as airplanes, ships, special rates, etc., the cancellation costs for withdrawal will be established in accordance with the agreed conditions both sides. The consumer of the combined trip may assign his reservation to a third person, requesting it in writing 15 days before the start date of the trip, unless the parties agree to a shorter term in the contract. The assignee will have to meet the same requirements as the assignor, generally required for the combined trip, and both will be jointly and severally liable to the Travel Agency for the payment of the trip price and the additional justified expenses of the assignment.

In the cases that the Organizer conditions it, and so expressly specifies, the viability of the combined trip offer to have a minimum of participants and because that number is not reached, the trip is canceled, the user will have the exclusive right to reimbursement of the total price or the anticipated amounts, without being able to claim any amount for compensation, as long as the Agency has notified you in writing at least 10 days in advance of the scheduled start date of the trip.

6. Alterations

The Travel Agency undertakes to provide its clients with all the contracted services contained in the program / offer that gave rise to the package travel contract, with the stipulated conditions and characteristics, all in accordance with the following points: In the event that before departure, the Organizer is obliged to significantly modify any essential element of the contract, including the price, must immediately inform the consumer, either directly, when also acting as a retailer, or through of the respective retailer in all other cases.

• In this 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. The consumer must communicate the decision adopted to the Retailer or, where appropriate, to the Organizer within three days after being notified of the modification referred to in section a). 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, under the provisions of section b), or that the Organizer cancels the package trip before the agreed departure date, for any reason that is not attributable to the consumer. , the latter will have the right, from the moment the contract is terminated, to the reimbursement of all amounts paid pursuant to it, or to carry out another combined trip of equivalent or higher quality, provided that the Organizer or Retailer can propose it. In the event that the trip offered was of inferior quality, the Organizer or the Retailer must reimburse the consumer, where appropriate, depending on the amounts already paid, the difference in price, in accordance with the contract. This same right will correspond to the consumer who does not obtain confirmation of the reservation in the terms stipulated in the contract.
• In the above cases, the Organizer and the Retailer will be responsible for paying the consumer the compensation that, where appropriate, corresponds to breach of the contract, which will be 5% of the total price of the contracted trip, if the aforementioned breach occurs between the two months and 15 days immediately prior to the scheduled date for 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.
• There will be no obligation to indemnify in the following cases:
• When the cancellation is due to the fact that the number of people registered for the combined trip is less than that required and this is communicated in writing to the consumer before the deadline set for this purpose in the contract.
• When the cancellation of the trip, except in cases of excess reservations, is due to reasons of force majeure, understood as those circumstances beyond the control of the person invoking them, abnormal and unforeseeable, the consequences of which could not have been avoided, despite having acted with due diligence.
• In the event that, after the departure of the trip, the Organizer does not provide or verify 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 additional price for the consumer, and, where appropriate, will pay the latter 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 they tacitly accept said proposals.
• If the solutions adopted by the Organizer are unfeasible or the consumer does not accept them for reasonable reasons, the latter must provide the latter, without any additional cost, a means of transport equivalent to that used on the trip to return to the place of departure or any other that both have agreed, without prejudice to the compensation that may be appropriate.
• In the event of a claim, the retailer or, where appropriate, the organizer must act diligently to find the appropriate solutions.
• In no case, everything not included in the combined travel contract, (such as, for example, transport tickets from the passenger's place of origin to the place of departure of the trip, or vice versa, hotel reservations in previous or subsequent days the trip, etc.) will be the responsibility of the Organizer, there being no obligation to compensate for these possible expenses of independent services in the event that the trip is canceled for the causes provided in section e).
• If the transfers / assistance from the hotel-airport or vice versa or other similar ones, included in the offer, are not fulfilled, fundamentally for reasons beyond the control of the transferor and not attributable to the Organizer, the latter will reimburse the amount of the alternative transport used by the client in the trip. , upon presentation of the corresponding receipt or invoice.

7. Obligation of the consumer to communicate any breach in the performance of the contract

The consumer is obliged to communicate any breach in the execution of the contract preferably "in situ" or, in another case, as soon as possible in writing or in any other way in which it is recorded, to the organizer or the retailer and, in their case, to the provider of the service in question. In the event that the solutions arbitrated by the Agency-Organizer or Retailer- are not satisfactory for the consumer, the consumer will have a period of one month to claim before the Retailer Agency or the organizer, always through the latter.

8. Prescription of actions

Notwithstanding the provisions of the preceding section, the limitation period of the rights recognized in Law 21/1995 of July 6, Regulating Combined Travel (BOE 7-7-95) will be two years, as established in article 13 of said Law.

9. Responsibility

• General The Organizing Travel Agency and the final seller of the combined trip will respond to the consumer, depending on the obligations that correspond to them by their respective scope of management of the combined trip, for the correct fulfillment of the obligations derived from the contract, regardless of whether These must be executed by themselves or by other service providers, and without prejudice to the right of the Organizers and Retailers to act against said service providers. The Organizer declares that it assumes the functions of organization and execution of the trip. The Organizers and Retailers of package tours will be liable for the damages suffered by the consumer as a consequence of the non-execution or poor execution of the contract. Said responsibility will cease when any of the following circumstances occurs:
• That the defects observed in the execution of the contract are attributable to the consumer.
• That said defects are attributable to a third party unrelated to the provision of the services provided for in the contract and are unforeseeable or insurmountable.
• That the aforementioned defects are due to reasons of force majeure, understood as those 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.
• That the defects are due to an event that the Retailer or, where appropriate, the Organizer, despite having put all the necessary diligence, could not foresee or overcome. However, in the cases of exclusion of responsibility due to any of the circumstances provided for in numbers 2, 3 and 4, the organizer and the retailer who are part of the combined trip will be obliged to provide the necessary assistance to the consumer who is in difficulties.

10. Limits of compensation for damages

Regarding the limit of compensation for damages resulting from non-compliance or poor performance of the benefits included in the package trip, the provisions of the International Agreements on the matter will be followed.

10.1 Delimitation of package travel services.

10.1.1. Air travel. Presentation at the airport. In air travel, the presentation to the airport will be made at least an hour and a half in advance of the official departure time, and in any case the specific recommendations indicated in the travel documentation provided when signing the contract will be strictly followed. When contracting individual services, it is recommended that the client reconfirm the flight departure times at least 48 hours in advance.

10.2 Hotels.

10.2.1. general

The quality and content of the services provided by the hotel will be determined by the official tourist category, if any, assigned by the competent body in your country. Given the current legislation in this regard, which establishes only the existence of single and double rooms, allowing a third bed to be fitted in some of the latter, it will always be estimated that the use of the third bed is done with the knowledge and consent of the people. occupying the room. This tacit estimate derives from the certain circumstance of having been previously warned, as well as of the room being reflected as triple in all the reservation forms provided to the consumer when paying the advance, in the contract and the tickets and / or documentation of the trip that it is delivered simultaneously to the signature of the same. Likewise, in the case of double rooms for the use of up to four people, with four beds, when so specified in the program / brochure offer. The usual time for entry and exit at the hotels depends on the first and last service that the user is going to use. As a general rule and unless expressly agreed otherwise in the contract, the rooms may be used from 2:00 p.m. on the day of arrival and must be vacated before 12 noon on the day of departure. When the contracted service does not include the permanent accompaniment of a guide and in the event that the user foresees his arrival at the reserved hotel on dates or times other than those outlined, it is advisable, to avoid problems and misinterpretations, communicate as far in advance as possible such circumstance to the Organizing Agency, or to the hotel directly. The accommodation service will imply that the room is available on the corresponding night, understood to be provided regardless of the fact that due to circumstances of the combined trip, the time of entry into it occurs later than initially planned.

10.2.2. Other services.

On flights whose arrival at the destination takes place after 12 noon, the first hotel service, when included in the program / brochure offer, will be dinner. Likewise, on flights whose arrival at the destination is after 7:00 p.m., the hotel's first service will be accommodation. A direct air route will always be understood to be one whose documentary support is a single flight coupon, regardless of whether the flight makes a technical stop. In the circuits, the coaches can vary in their characteristics depending on the number of participants. If at any departure a sufficient number of passengers is not reached, it is possible that a minibus or "van" will be used, which, unless expressly indicated otherwise, do not have reclining seats. Likewise, in the description of each circuit it is indicated whether or not the coach has air conditioning, it being understood that it does not have it if nothing is indicated. The transport in the natural parks for the realization of photographic safaris is carried out in "van" or in all-terrain vehicles characteristic of each country. In all the above cases, the design, structure, comfort and safety of the transport vehicle may not be adapted to the Spanish norms and standards, but to those that are specific to the country of destination of the trip.

10.2.3. Supplementary Services When users request supplementary services (for example, sea view room, etc.) that cannot be definitively confirmed by the Organizing Agency, the user may choose to definitively withdraw from the requested supplementary service or keep their request pending that such services may finally be rendered to you. In the event that the parties have agreed to the prior payment of the price of the supplementary services that finally cannot be provided, the amount paid will be reimbursed by the Retail Agency immediately upon withdrawal of the service by the consumer or upon return from the trip. , depending on whether the user has opted for the withdrawal of the requested supplementary service or has maintained the request.

10.3 Circuits. The Organizing Agency informs clients that in the circuits specified in the brochure, the accommodation service will be provided in one of the related establishments or in another of the same category and area and also that the itinerary of the circuit may be developed according to any of the options also described in the program-offer. In the above cases, if the consumer accepts said formula prior to the conclusion of the contract, this lack of definition will not imply a modification of the contract.

11. Passports, visas and documentation

All users, without exception (including children), must carry their corresponding personal and family documentation, be it their passport or ID, according to the laws of the country or countries they are visiting. It will be on their behalf when the trips require it to obtain visas, passports, vaccination certificates, etc. In case of being rejected by any Authority the granting of visas, for particular reasons of the user, or being denied their entry into the country due to lack of requirements that are demanded, or by default in the required documentation, or because they are not a bearer of the same , the Organizing Agency declines all responsibility for events of this nature, being on behalf of the consumer any expense that arises, applying in these circumstances the conditions and standards established for the cases of voluntary withdrawal of services. All users, especially those with a nationality other than Spanish, are also reminded that they must make sure before starting the trip that they have complied with all applicable visa regulations and requirements in order to be able to enter without problems. all the countries to be visited. Minors under 18 years of age must carry a written permission signed by their parents or guardians, in anticipation that it may be requested by any authority.

12. Information that the Retail Agency must provide to the consumer

The consumer is informed that at the time of the formalization of the contract, they must receive from the Retailer Agency the pertinent information about the specific documentation necessary for the chosen trip, as well as advice on the optional subscription of an insurance that covers the cancellation costs. and / or assistance insurance that covers repatriation expenses in the event of accident, illness or death; and information on the probable risks implicit in the destination of the contracted trip, in compliance with the General Law for the Defense of Consumers and Users.

13. Other complementary information.

13.1 Baggage. For all purposes and as far as land transport is concerned, it will be understood that the luggage and other personal belongings of the user are kept with him, regardless of the part of the vehicle in which they are placed, and that it is transported at the user's risk and expense. . Users are recommended to be present at all baggage loading and unloading operations. Regarding air, rail, sea or river transport of luggage, the conditions of the transport companies apply, with the passenger ticket being the binding document between the aforementioned companies and the passenger. In the event of suffering any damage or loss, the consumer must present, immediately, the appropriate claim to the Transport Company. The Organizing Agency undertakes to provide appropriate assistance to clients who may be affected by any of these circumstances.

13.2 Responsibility of the client / Traveler. The client must have in his possession and know the General Conditions of the Combined Travel contract and read the technical sheet of the trip, where the flights, accommodation and other travel requirements are specified. The client must have been informed of the risks of this trip as well as the political situation, the weather situation and natural or other catastrophes of the country or countries to visit and the implicit risks. This information is provided by the Agency and, failing that, through the Ministry of Foreign Affairs. The hiring of transport vehicles is carried out at the client's own request, exempting the Organizing Travel Agency from any responsibility that may occur as a result of a land, sea, air or rail traffic accident or any incident caused by the vehicle, ship, plane or train both to people and to belongings. It is advisable to take out insurance at the time of hiring or picking up the vehicle (as the case may be).

The Organizing Agency explicitly declares that it acts as an intermediary between travelers and the entities or persons that provide the services indicated in the itinerary. When the trip is made with their own vehicles or those rented by the Organizing Agency, in the event of an accident, whatever the country where it occurs, the traveler expressly submits to the accident legislation of the country where the vehicle is registered. . The Organizing Agency is not responsible for accommodation, transportation, maintenance, repatriation or other expenses that arise as a result of delays or modifications in the departure of flights or other means of transport for whatever reason.

14. Claims

According to the provisions of art. 16.1.k of Decree 168/94, the consumer is obliged to communicate as soon as possible to the provider in question, any breach in the execution of the services in a reliable way, as well as to inform the agency as soon as possible. as soon as possible.

15. Travel Assistance Insurance and cancellation

For any aspect related to health care and / or cancellation, the client must have said insurance and contact the telephone number of the insurance company. In the event that he has not signed an assistance and / or cancellation contract, or it is not included in the price, the client assumes all responsibility for this aspect.

16. The reservation of any of the trips included in this catalog implies the total acceptance of these general conditions, which will be considered automatically incorporated into the contract without requiring a written transcription in it.

17. Alternative Travel Specialty / Remote Areas

The trips run partially through remote areas, with limited or non-existent tourist infrastructures. Traveling through these places requires being flexible and accepting the changes that, in relation to the services provided, this limitation may entail. A certain capacity to adapt to the unexpected is also necessary, both positively (a local festival, a market ...) and in what is not so much (floods, blocked roads, etc.).

The traveler should be aware that, in some cases, rapid evacuation or adequate medical assistance may be impossible, for example.
The special characteristics of this trip, which respond to those of an alternative trip, are known and accepted by the traveler, who expressly accepts the situations and circumstances that derive from it.

POLITICAL, SECURITY AND HEALTH SITUATION OF THE DESTINATION COUNTRY
Knowing this information, the traveler is aware of the social or political, safety and health situation of the country of destination, and accepts the risk that the trip may entail, exempting the Organizing Agency from any responsibility in this regard.

POLICY AND SECURITY
We refer to the official recommendations of the Ministry of Foreign Affairs of the Spanish Government that appear on its website http://www.exteriores.gob.es

HEALTH
We refer to the official recommendations on vaccines and necessary precautions of the Ministry of Health and Consumption that appear on its website https://www.mscbs.gob.es