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Terms and General Conditions
Identification of the Parties
The party of the first part, TOR GLOBAL TRAVEL SLU with registered offices at Calle Gran Vía 22 duplicado 5º IZQ 28013, Madrid (Spain), and Tax ID (C.I.F.) No. B87500856, hereinafter, Onlinetravel.
The party of the second part, <%agency_name%>, hereinafter, the Platform, which shall intermediate the services offered by Onlinetravel.
And the party of the third part, the individual (hereinafter, the User), who accesses the page for information and to contract the services offered through the Website. The User warrants that he/she is of legal age and enjoys the legal capacity to acquire the services offered through the Website.
Onlinetravel provides its services to the Platform and the User for the promotion and sale of tourist products and services, including but not limited to the following:
- Airline tickets
- Combined lodging and airfare packages
Onlinetravel offers use of the Website to the User, subject to the User's full acceptance of the General Conditions set forth herein. The User's use of this Website shall be construed as his/her tacit acceptance of these General Conditions in their entirety. If the User does not agree to these conditions, he/she shall forfeit the right to use the Platform Website.
Onlinetravel reserves the right to modify, limit or cancel the terms and conditions that apply to the above mentioned Website.
The User warrants that he/she is of legal age (i.e. at least 18 years old) and that he/she enjoys the necessary legal capacity to be bound by this Contract and to use the Website in accordance with the General Conditions set forth herein, which he/she understands and acknowledges in their entirety. The User shall be responsible for taking all necessary measures to maintain the confidentiality of the passwords provided to him/her by the Platform for accessing the Website and for preventing unauthorized access by third parties. The User agrees to assume full liability for any costs stemming from access to this Website through the User's password, as well as for any use of the User's passwords by third parties.
Additionally, the User warrants that all of the information he/she has supplied, both to gain access to the Website and whilst using it, is true, complete and precise, and agrees to maintain this information up-to-date.
2. REGISTRATION AND REIMBURSEMENT
The Agreement may be executed through the Website <%agency_web%>.
Execution of the Contract occurs at the moment the service is confirmed, when the User accepts the General Conditions and makes the corresponding payment.
The executed Contract shall be filed by Onlinetravel. During registration, the User must deposit the full amount for the contracted service, as no placement shall be confirmed until payment is effectuated, an unpaid placement shall be considered null and void and the conditions described in the Cancellation Section shall apply. The Platform shall deliver a Voucher to the User at the address provided by the latter, specifying the contracted services. The booking reference, which must appear on the Voucher, will confirm the reservation on the part of Onlinetravel.
3. PRICE REVISION
The price of combination travel packages is calculated based on the applicable exchange rate, transport duty, cost of fuel and taxes as of the publication date of the programme or any subsequent versions in printed format. Any variance in the prices of the abovementioned items may result in a revision of the final price of the package, either upward or downward, in the exact amount of such variance. The User shall be notified of any such variance, either in writing or through another medium that documents the communication, and in the event that the difference is substantial, the User will have the option of either accepting the modified Contract or cancelling the travel package without incurring a penalty. Under no circumstances shall the price of a completed reservation be revised upward within the twenty days immediately preceding the departure date.
4. SPECIAL OFFERS
When, as the result of a special offer, last minute offer or similar promotion, a combination travel package is contracted at a price other than that indicated in the programme, the price shall consist solely of those services that are specifically detailed in the special offer, even if the offer makes a reference to one of the described programmes, as long as such reference is made for sole purposes of providing general information on the destination.
5. THE PRICE INCLUDES:
- Indirect taxes (V.A.T., I.G.I.C.), when applicable
- Lodging at the chosen establishment in the contracted programme or at another establishment of the same calibre in the event of a substitution
- Round-trip transportation, whenever this service is included in the contracted programme/special offer, according to specifications
6. THE PRICE DOES NOT INCLUDE:
Visas, airport fees, vaccination certificates, "extras," such as coffee, wine, liquor, mineral water, special diets, laundry and ironing, optional hotel services, such as parking and pay TV, and other similar items not specifically detailed in the paragraph above. In the case of excursions or optional tours where the price is simply indicated as "estimated," according to the circumstances, there could be variances in the initially calculated or anticipated costs. Tips are not included in the price of the trip. In the case of cruises, tips are not voluntary, and at the beginning of the cruise, the client is advised that he/she must commit to paying a determinate amount at the end of the voyage in proportion to its duration. This amount, which is fixed before the cruise begins, is solely intended for the service personnel.
At some destinations, the fees applying to certain lodging/locations may vary in relation to the classification of the establishment and the destination. These fees shall be paid directly at the establishment.
7. APARTMENTS AND HOTELS
Apartments.- At the time of making the reservation, the User is fully and solely responsible for correctly indicating the number of room or apartment occupants, including children, regardless of their ages. The User is forewarned that the Establishments may legally refuse to admit undeclared persons, and the User shall have no legal remedy in such cases. At the time of making the reservation, it will be necessary to confirm the time and place where the keys are to be picked up.
Hotels.- The quality and content of the services provided by the hotel shall be determined by the official category assigned to it by the competent authorities in that country and shall be subject to administrative supervision. Given current Spanish legislation (which only establishes the existence of individual or double rooms, permitting some of the latter to be equipped with a third or fourth bed), it shall be assumed that use of a third and/or fourth bed is always made with the knowledge of the persons occupying the room. This tacit assumption stems from the certainty that occupation of the room has been indicated beforehand and is reflected on all printed copies of the reservations, as well as in the vouchers or other definitive documentation of the trip.
When renting apartments, in general, the guest must sign the corresponding officially-authorised lease agreement on the premises. This Contract, to which the Platform is not a party, must be signed by the User, who shall pay the corresponding security deposit, if applicable, in order to cover any consequent damage to the property. Keys are normally picked up during office hours at the concierge desk of the building, or at the place indicated in the documentation of the programme/special offer, between 9:00 a.m. and 1:00 p.m. and between 5:00 p.m. and 8:00 p.m., and as a general rule, check-in shall be at 5:00 p.m. on the day of arrival and check-out shall be at 10:00 a.m. on the day of departure. Given the unique operations in this type of establishment, we strongly recommend strict adherence to these timelines in order to prevent problems and inconveniences that would be very difficult to correct.
Schedules.- Check-in time is 2:00 p.m. for hotels and 5:00 p.m. for apartments. Reservations are normally held until 8:00 p.m. If a later arrival is anticipated, it is recommended to notify the establishment directly. Failure to do so could result in the establishment making the room(s) or apartment(s) available to other guests.
In the event that the User anticipates arriving at the reserved hotel or apartment on a different date or at a different time than indicated, in order to prevent problems or misinterpretation, it shall be necessary to directly notify the Platform, hotel or apartments, as appropriate, of this circumstance as far in advance as possible. Likewise, when making the reservation, the User must consult with the Platform as to whether it is allowable to bring animals, as they are generally not permitted in hotels or apartments. In the event that the Platform is forced to change the confirmed hotel due to special events or other situations outside of its control, its liability shall be limited to offering another hotel of equal or higher calibre, and in the event that this is not possible, to pay the difference in price between the hotel offered in the Contract and the hotel actually occupied.
When travellers request additional prepaid services that cannot be definitely confirmed by the Platform, such as individual room services, ocean views, private baths, etc., and these cannot be provided, the Platform shall not assume any liability beyond reimbursing the client at the conclusion of the trip for the amount paid for such services.
The traveller's luggage is not part of the Contract between the parties, and for all legal purposes, it is acknowledged that the User shall keep his/her luggage with him/her and that it shall be transported at his/her own risk, without the Platform or Onlinetravel assuming any liability for any loss or damage that it could sustain for any reason during the trip. We recommend that travellers be present whenever their luggage is being loaded or unloaded. With regard to transport of the luggage by air, we defer to the conditions of the airlines, which are regulated by the International Air Transport Association (IATA). In the event of any damage or misplacement, it is recommended to submit a timely claim to the Transport Company.
10. CHILDREN AND THE ELDERLY
Given the diversity of conditions that may apply to children, depending on their age, the service provider and the travel date, it is always recommendable to enquire about the scope of any special conditions that may exist and that at each moment will be subject to specific, detailed information.
As such, families are recommended to enquire about the special conditions for free or discounted services for children. These free or discounted services should always be understood as applying when the room is shared by two adults and a maximum of two children. In the event that a cot is needed, please indicate this when making the reservation, given that the hotels avail of limited supplies. Furthermore, this must be paid for directly at the hotel, as if it were an "extra." Elderly people should enquire about the applicable surcharge for an additional bed to be occupied by an adult, as this may vary from one hotel to another. Some hotels have a very limited number of extra beds, so it is advisable to confirm availability when making the reservation.
At any time, the User may opt out of the requested or contracted services and shall have the right to a full refund of any amounts paid, whether the total price or an advance deposit; however he/she must compensate the Platform for the following items:
- For a la carte services: The full administrative and cancellation fees, if applicable.
- For combination travel packages: In the event of cancelling or modifying a reservation, the User must contact the tour organiser by telephone, or at the email address the User received at the time of completing the reservation, at least three (3) working days in advance of the departure date. The cancellation fees and penalties shall be those that are explicitly indicated by the tour organiser for each specific trip. The User is urged to consult our travel agents regarding the specific cancellation conditions of the trip. If the User fails to be present at the anticipated departure time, the User shall forfeit their right to a refund of the amounts paid, unless such failure is due to demonstrable Force Majeure or to an alternative arrangement between the parties. In the event that the contracting of any of the cancelled services was subject to special financial conditions, such as in the case of airplane charters, coaches, apartment leases, special fees, guaranteed hotel placement, services provided in determinate apartments, services provided in determinate countries, etc., the cancellation fees shall be established in accordance with the conditions agreed upon between the parties. When a justifiable circumstance impedes the User from taking part in the trip, he/she may transfer the reservation to another qualified person, both parties being jointly responsible for payment to the Platform of the price of the reservation, plus any additional expenses resulting from the transfer. In order for the transfer to be valid, it must be accepted by the companies providing the services included in the trip, and any additional fees resulting from the transfer must be satisfied. In the event that the hotel room is vacated prior to the agreed date, the Platform shall not be liable for reimbursing any amount, unless it receives a written notification from the hotel stating that the unused days were not invoiced. The abovementioned notification must be requested by the User at the establishment and must contain the establishment's stamp.
- Hotel cancellation costs: In the event that the User cancels or modifies the reservation, the User must contact the tour organiser by telephone, or at the email address provided to the User at the time of making the reservation, at least three (3) working days in advance of the arrival date. The Platform's fees for modification, cancellation or No Show are indicated on every formal reservation.
The Platform agrees to provide the User with all of the services that are contracted through the programmes appearing on the Website, in accordance with the stipulated conditions and features. It shall be exempt from this obligation in the event of Force Majeure, i.e. abnormal and unforeseeable circumstances outside of one's control, with consequences that could not have been avoided in spite of all the diligence employed, or reasonable cause, encompassing those instances when the Platform, in spite of acting with due diligence and foresight, could not provide the contracted services for reasons that cannot be attributed to it. If it becomes impossible for the Platform to provide a service after having executed the contract but before the departure date of the trip, the User shall have the right to substitute this service for another of a comparable nature or quality, to terminate the contract and select another equivalent or superior combination travel package, in the event that the Platform can provide one, or to receive a full refund of any amounts paid, and the User must communicate this decision to the Platform within two (2) working days. It shall not be permissible to seek indemnification for breach of contract when such impossibility is the result of reasonable cause or Force Majeure, or when the User has opted for a substitution of the service that was impossible to provide. If for any reason, not attributable to the User and not justified by reasonable cause or Force Majeure, the Platform cancels the combined travel package after the contract is executed but before the departure date, the User shall have the right to obtain another combined travel package or a full refund in the terms established in the paragraph above, and the User must communicate this decision to the Platform within two (2) working days. It shall not be permissible to seek indemnification for breach of contract when such cancellation is the result of reasonable cause or Force Majeure. In the event of non-fulfilment or unsatisfactory fulfilment of the provided services involving more than 50% of the price of the trip, when this is not the result of reasonable cause of Force Majeure, the Platform shall choose other satisfactory solutions for continuing the combined travel package, without any surcharge to the User, and if necessary shall reimburse the latter for the amount of the difference between the anticipated services and those that are actually provided. If there are no such solutions or if the User refuses to accept them for objectively valid reasons, in any event, the Platform shall provide him/her with a return trip to the point of origin, reimbursing him/her for the corresponding prorated amounts. In these situations, the User may demand indemnification for breach of contract from the Platform. Such indemnification shall not be applicable in the event of reasonable cause or Force Majeure. If it is impossible to provide certain services and the Platform discloses this to the User before finalising the contract, no request for indemnification from the Platform shall be justified on the part of the User for breach of contract, given that the contract has not yet been finalised, and as such, modification of the programme falls within the normal process of negotiating it. In conclusion, the User may only request indemnification from the Platform when the services comprising the trip were lacking, were performed unsatisfactorily or were cancelled due to circumstances other than Force Majeure.
The User's responsibility for the correct performance of the obligations stemming from the combined travel contract is determined by Article 162 of Royal Legislative Decree 1/2007. When the User can ascertain on the premises a failure to perform the contracted services or the unsatisfactory performance of these, he/she must immediately notify the service provider of this fact, as well as notify the Platform within two (2) working days, so that it may take appropriate action. Failure to communicate with the Platform within this period shall necessitate the User proving such non-fulfilment of performance to the General Board of Tourism and/or the competent court, given that, outside of this time-frame, it would be impossible for the Platform to prove the veracity of the allegations or to achieve a solution that would be satisfactory to all of the parties involved. In no event shall the Platform be held liable for the costs of lodging, maintenance, transport or other expenses that come about as a consequence of delays in flight departures or returns due to technical or meteorological conditions, strikes or other causes attributable to Force Majeure. When a trip is conducted using coaches owned or leased by the Platform, in the event of an accident, regardless of the country in which it occurs, the User shall expressly submit to the legislation regarding traffic accidents in the nation in which the vehicle is registered, and with regard to bodily injury, may refer to the vehicle insurance and the liability coverage intended for such purposes, by virtue of which compensation shall be paid to the affected parties, the beneficiaries or their legal representatives, in the country where the vehicles are registered and in the legal currency of that country. In the Website, there may be links to other websites. Onlinetravel has no control over these websites and shall not be held liable for their content. Likewise, Onlinetravel shall not be held liable for the technical availability of any web pages the User may access through the Website. Furthermore, Onlinetravel shall not be held liable for any damages stemming from one User's infraction of the rights of another User or those of a third party, including copyrights, patents, confidential information and any other type of intellectual or industrial property rights. Onlinetravel shall not be held liable for any damages to the User stemming from the impossibility of providing the services pertaining to these General Conditions due to Force Majeure, acts of God or other causes not attributable to the former. Additionally, Onlinetravel shall not be held liable for the improper functioning of the service resulting from defective configuration of the User's computer equipment or from his/her inability to support the computer systems that are necessary for utilising the offered services.
Onlinetravel will make every effort within its means to provide the information contained in the Website accurately and without typographical errors. In the event that Onlinetravel at any time inadvertently makes an error of this type, it shall be immediately corrected. If there is a typographical error in any of the indicated prices and a User has made the decision to purchase based on such error, Onlinetravel shall assume the cost of the error and shall honour the purchase, unless such error is so disproportionate in relation to the average price so as to be obvious enough that any person of average diligence would perceive it, the foregoing in order to prevent such User's illicit gains or abuse of rights, as typified under current Spanish legislation.
14. OTHER IMPORTANT MATTERS
Likewise, Onlinetravel employs the utmost effort and diligence when indicating the descriptions of each service, which have been provided by the establishments themselves, on the reservation dates, and to this end, in the programme, it avails of informational photographs of people, scenery and apartments, with the intention that, at all times, these descriptions reflect the reality of the contracted services as objectively as possible, thus avoiding misleading, confusing or deceiving the consumer with regard to any substantial information. Due to the time-specific nature of photographs, they are not contractual in and of themselves, but rather must be taken within the context of the description of the contracted services.
Meals: In the case of FULL BOARD, breakfast, lunch and dinner shall be served by the hotel, beginning with dinner on the check-in date and ending with lunch on the check-out date (this may be modified by the User through a prior request to the hotel, once the User is lodged in the establishment). In the case of HALF BOARD, breakfast and dinner shall be served, unless the User chooses differently and the hotel is willing to accept such substitution (e.g. dinner for another meal), except when it is specified in the services to be provided. In the event that the User vacates the hotel before the agreed departure date, the Platform has no obligation to make any reimbursement, unless the User requests from the establishment a written statement of Non-billing for the unused days or services, which must contain the stamp of the establishment.
Without exception, all Users (including children) must have their appropriate personal and family documents in order, whether a passport or a national ID, in accordance with the laws of the country or countries they are visiting. When required, the procurement of visas, passports, vaccination certificates, etc. shall be done at the expense of the traveller. If any Authority refuses to grant a visa for reasons that are specific to the User, or if he/she is denied entrance to the country due to his/her failure to meet the requirements, due to an irregularity in the required documents or for not being the actual document holder, the Platform shall not be held liable for such occurrences, and any associated costs shall accrue at the consumer's expense. Under these circumstances, the conditions and regulations established for voiding or voluntarily cancelling the services shall apply. Likewise, all Users are reminded that they must make sure that they have fulfilled all of the applicable visa regulations and requirements before commencing their trip, with the goal of avoiding any possible complications when entering the countries they plan to visit. Minors under the age of 18 must be in possession of a written permission slip, signed by their parents or guardians, as this may be requested by any competent authority.
The Platform shall provide the User with all of the pertinent information on the specific documents that will be required for the selected travel.
16. GENERAL PAYMENT PLAN CONDITIONS
In order to take advantage of the payment plan, the User must fulfill the following requirements: The User must make a hotel reservation (payment plans do not apply to Flight + Hotel purchases).
The minimum price of the reservation must be 300 Euros. The total shall be divided into two payments. The first installment shall be made upon confirmation of the service, and the second installment shall be payable thirty (30) days before the hotel check-in date. In the event of cancellation or modification, any administrative costs shall be in addition to the costs of the corresponding hotel.
17. PERSONAL INFORMATION
The User agrees that the personal information he/she provides or will provide in the future to Onlinetravel may be kept in a personal data file. The information that is registered in this way may be used for statistical purposes, for sending advertisements and promotional materials, for prize contests, for subscription to newsletters, for administering the subscribed services and for incident management. The files created in this manner shall be under the ownership and responsibility of Onlinetravel. The owner of the information shall have the right to access the automated registry at any time in order to exercise his/her right of correction, deletion or dispute, within the terms compiled under data protection legislation. For such purposes, the owner of the information must send a letter to Global Travel Booking, S.L.U. at the address indicated above, including his/her username, password, requested action and address for sending confirmation that the action has been performed as requested.
18. VALIDITY AND JURISDICTION
This programme is valid as of the first of October of two thousand and twelve, and the Platform is bound to it during this period. Nevertheless, any changes in this information shall be valid when they are communicated to the consumer before entering into the contract, or if the contractual parties have agreed to modifications. Onlinetravel expressly refuses to voluntarily submit to the Consumer Arbitration Boards or to any other arbitration procedures not expressly accepted by Onlinetravel. The parties, expressly renouncing their own venues, agree that this Contract shall be governed by Spanish legislation, and for purposes of resolving any lawsuit that could arise from it, submit to the Courts and Tribunals of Gran Canaria, except in the case of contracting with Users, in which event the Courts and Tribunals of the User's place of residence shall be competent.
If any clause included in these General Conditions is declared fully or partially null or void, such nullity or voidness shall only affect the provision or portion of the same that has been declared null or void, with the rest of the General Conditions remaining in full effect, as if such affected provision or portion of the same was never included.
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