General conditions
For the purposes of these General Conditions, the travel documentation (understood as the content published on our website https:/www.bollerasviajeras.com, the itinerary, program / brochure or presentation are the informative documents to which they are incorporated. This material is the description of the package trip contained in the travel documentation (Pre-contractual Information and Contracted Services) that constitutes the object of the package travel contract and its Annexes.
The information contained in the website, the itinerary, program / brochure or presentation is binding on the Organizing Agency unless the changes in said information have been clearly communicated in writing to the client before the conclusion of the contract and/or prior agreement. in writing between the contracting parties.
The information provided to the traveler on the website, the itinerary, program / brochure or presentation relating to the main characteristics of the travel services, the price of the trip, the payment methods or financial guarantees that must be provided, the minimum number of people necessary for the completion of the trip and the right of the traveler to terminate the contract before the start of the trip in exchange for an appropriate penalty, will form an integral part of the package travel contract, if it is finally confirmed, and will not be modified, unless the contracting parties expressly agree otherwise. “Traveling dykes” before the conclusion of the package travel contract,
They will communicate to the traveler, in a clear, understandable and prominent manner, all changes to the pre-contractual information.
Group trips for adults will be exclusive for LGTBI women and "lesbian friendly" women.
Family group tours will be open to all types of families: two moms, two dads, mom and dad, and single-parent families.
The solidarity trips will be mixed trips organized together with the NGO with which we collaborate.
1. LEGAL REGULATION APPLICABLE TO THE COMBINED TRAVEL CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS
These General Conditions are subject to the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law of Consumers and Users and other laws.
complementary (B.O.E. 30-11-07) and its modifications, and other current provisions, including those contained in the applicable International Standards and Conventions related to passenger transportation.
These General Conditions will be incorporated, signed by the contracting parties, to all package travel contracts whose object is the programs/offer in force, and contained, where appropriate, in the program/brochure.
and bind the parties, with the particular conditions that are agreed in the contract or that appear in the travel documentation.
2. ORGANIZATION
Marta Borrachero Villar NIF 50745645D (hereinafter, the “agency” or the “organizer”) will be considered the “Trip Organizing Agency.” It is considered that the combined trip will begin on the date and place in which the services provided by the Organizer begin. Air, land or sea transportation services, as well as accommodation services before or after the trip that are not contracted to the Organizer, will not form part of the combined trip.
3. PRICE
3.1. The price of the Package Trip includes all the services and complements that are specified in the travel documentation and that are expressly stated in the package travel contract, as well as the Value Added Tax (VAT) or the Canary Islands General Indirect Tax (IG.I.C). , etc.-, when these are applicable.
3.2. Prices' check
The price of the combined trip has been calculated based on the exchange rates, transportation rates, cost of fuel or other energy sources, and fees and taxes applicable on the date of publication of the travel documentation or
of the subsequent ones that, if applicable, have been made public.
Any price variation of the aforementioned elements may give rise to a review of the final price of the trip, both upwards and downwards, after the strict amounts of the aforementioned variations have been concluded:
After the conclusion of the contract, prices may only be modified, both upwards and downwards, as a direct consequence of changes in:
a) The price of passenger transportation derived from the cost of fuel or other energy sources;
b) The level of taxes or fees on the travel services included in the contract, demanded by third parties who are not directly involved in the execution of the package trip, including tourist, landing and embarkation or disembarkation fees, taxes and surcharges in ports and airports; either,
c) The currency exchange rates applicable to the package trip.
Likewise, the traveler will have the right to a reduction in the price corresponding to any reduction in the aforementioned costs that occurs in the period between the conclusion of the contract and the start of the trip.
combined. In this case, the organizer will have the right to deduct the expenses
actual administrative costs of the refund due to the traveler. If the traveler requests it, the organizer must provide proof of these administrative expenses.
These modifications regarding the price will be notified to the traveler in a clear and understandable manner, with a justification for them and with their calculation on a durable medium, no later than 20 calendar days before the start of the package trip. Said price variation will be calculated by adding/subtracting the increase/decrease in cost that has occurred to the price of the combined trip. If the mentioned price increase exceeds eight percent of the total price of the package trip, the traveler may, within a reasonable period specified by the organizer, accept the proposed change or terminate the contract without paying a penalty.
3.3. Special offers
The Organizer reserves the right to offer the same trip at prices lower than those published, whether due to last minute offers or for any reason whatsoever. When the combined trip is contracted as a result of special, last-minute or equivalent offers, at a price different from that expressed
in the program/brochure, the services included in the price are only those that are specified in detail in the program/offer, even when said offer refers to any of the programs described
in this brochure, provided that said referral is made for the exclusive purposes of general information about the destination. Discounts and reductions that may be occasionally offered in promotional campaigns and/or in documentation are subject to availability of places.
3.4. Exclusions
3.4.1. The price of the Combined Trip does not include taxes, taxes and/or local charges to be paid by the client at the destination, such as tourist taxes, ecological taxes,
hotels, etc., visas, airport taxes and/or entry and exit taxes, vaccination certificates, food, activities or excursions carried out in free time and in general, any other service that is not expressly detailed in the travel documentation , in the combined travel contract.
Also not included are those additional charges that may be charged by some accommodations directly at the destination, for additional services made available to the traveler, even if the traveler does not use them.
3.4.2. Excursions or optional visits
In the case of optional excursions or visits not originally contracted, it must be kept in mind that they are not part of the package travel contract. Its publication 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 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 final price independently, and the possible completion of the excursions will not be guaranteed until the moment of contracting.
themselves.
3.4.3. snow trips
On snow trips, unless expressly stated otherwise, lifts and ski courses or thermal clothing will not be included. We are not responsible for changes or cancellations in activities due to lack of snow or weather conditions. Alternatives will be offered.
3.4.4. Tips
The price of the trip is not included, unless otherwise specified, a complementary contribution that is usually called a tip and which is intended solely for the staff who provide any service included in the trip.
4. METHOD OF PAYMENT. REGISTRATIONS AND REFUNDS
At the time of requesting services, the Agency may require an advance payment that will not exceed 40% of the total amount of the trip (unless on occasion the advance payment of higher amounts is specified), issuing the corresponding receipt in which The requested program is specified, in addition to the amount advanced by the consumer. The remaining amount, if applicable, must be paid in accordance with the established payment schedule, and in any case, before delivery of the itinerary or travel documentation, which must be done with
sufficiently in advance of the departure date.
If payment of the total price of the trip is not made under the conditions indicated, it will be understood that the consumer withdraws from the requested trip, the conditions provided for in the following section being applicable. The acceptance of reservations by the Organizer will be subject to the availability of places, and will be
understood to be completed, with the consequent conclusion of the contract, at the time or email of confirmation by the Organizer.
All refunds that are appropriate for any reason will always be formalized through the Agency, and no refund will be made for services not voluntarily used by the consumer. Insurance premiums and management costs for modifying or transferring reservations, if applicable, are non-refundable.
5. WITHDRAWAL OF THE CONSUMER, ASSIGNMENTS AND CANCELLATION OF THE TRIP DUE TO THE NUMBER OF REGISTERED PEOPLE NOT REACHING THE MINIMUM PROVIDED OR FOR INEVITABLE AND EXTRAORDINARY CIRCUMSTANCES
5.1. At any time prior to the start of the combined trip, the traveler may terminate the contract, in which case they must compensate the Agency and/or Organizer with the penalties indicated below:
a) In the case of individual services: the entire management costs, plus cancellation costs, if the latter had occurred.
b) In the case of combined trips, the management costs plus the cancellation costs and a penalty consisting of 5% of the total trip if the withdrawal occurs more than ten days and less than
fifteen in advance of the start date of the trip; 15% between days 3 and 10, and 25% within forty-eight hours prior to departure.
If you do not show up for the trip, you will not be entitled to any refund of the amount paid.
Notwithstanding the provisions of the previous paragraph, when unavoidable and extraordinary circumstances occur at the place of destination or in the immediate vicinity that significantly affect the execution of the combined trip or the transportation of passengers to the place of destination, the traveler will have the right to terminate the contract before its start without paying any penalty. In this case, the traveler will be entitled to a full refund of any payment made, but not to additional compensation.
5.2. The traveler may assign the package travel contract to a person who meets all the conditions applicable to said contract by previously notifying the organizer on a durable medium, with a reasonable notice of at least seven calendar days before the start of the package trip. The transferor and the transferee will be jointly and severally liable to the Travel Agency for the amount pending payment of the trip price as well as any commission or surcharge and additional expenses of the transfer. The organizer will inform the transferor about the actual costs of the transfer. Such costs must be reasonable and, in any case, they will not exceed the costs actually borne by the agency due to the transfer. The organizer will provide the assignor with evidence of commissions, surcharges or other additional costs derived from the assignment of the contract.
5.3. In the event that the combined trip is subject to special economic contracting conditions, such as chartering of planes, ships or special rates, the cancellation costs will be established in accordance with the regulations.
conditions agreed between the parties.
5.4.The organizer may cancel the contract and reimburse the traveler for all payments made, but will not be responsible for any additional compensation if it is unable to execute the contract due to unavoidable and extraordinary circumstances and the cancellation is notified. to the traveler without undue delay before the start of the package trip, or if the number of people registered for the package trip is less than the minimum number specified in the contract and the traveler is notified of the
cancellation within the following deadlines:
1. Twenty calendar days before the start of the combined trip in the case of trips lasting more than six days.
2. Seven calendar days before the start of the combined trip in the case of trips between two and six days in duration.
3. Forty-eight hours before the start of the combined trip in the case of trips lasting less than two days.
6. ALTERATIONS
The Agency undertakes to provide its clients with all the contracted services, with the stipulated conditions and characteristics, all in accordance with the following:
a) Outside of the cases of price modification regulated by stipulation 3.2, the organizer reserves the right to unilaterally modify any other clauses of this contract as long as the change is not
substantial and the traveler is informed of said modification in a clear manner,
understandable and highlighted on a durable medium.
b) If before the start of the package trip the organizer is forced to substantially modify any of the main characteristics of the travel services, he/she cannot comply with any of the special requirements of the package.
previously accepted traveler or proposes to increase the price of the trip by more than eight percent in accordance with stipulation 3, the traveler may, within a reasonable period specified by the organizer, accept the change
proposed or terminate the contract without paying a penalty.
c) The traveler who terminates the package travel contract may accept a substitute package trip offered by the agency, if possible of equivalent or higher quality.
d) The organizer must communicate said modification without delay to the traveler, in a clear, understandable and prominent manner and on a durable medium along with:
1) Its impact on the price of the package trip when the modification results in a package trip of lower quality or cost.
2) A reasonable period within which the traveler must inform of his or her decision.
3) The indication that in the event that the traveler does not notify her decision within the period indicated in the previous paragraph, it will be understood that she chooses to terminate the contract without any penalty.
4) If applicable, the substitute package trip offered and its price.
e) In the event of termination by the traveler of the package travel contract before its start without payment of a penalty pursuant to what is indicated in letter b), or non-acceptance by the traveler of a substitute package trip, the
The organizer will reimburse without undue delay all payments made by the traveler or by a third party on her behalf and, in any case, within a period not exceeding fourteen calendar days from the date of termination of the contract. The provisions of stipulation 9 will also apply.
f) The Organizer has the power to assign the passenger a cabin/room other than the one provided for in the contract, as long as it has similar characteristics. If there is a change to a lower type of accommodation
price, passengers affected by such change will only be entitled to a refund of the price difference, according to the applicable rates. In the case of Hotel Establishments, and in the absence of official classification
recognized by the competent Public Authorities, said classification will be established by the Organizer itself, based on reasonable criteria for evaluating quality standards.
7. OBLIGATION OF THE CONSUMER TO REPORT ANY NON-COMPLIANCE IN THE EXECUTION OF THE CONTRACT
7.1. The traveler must inform the agency without undue delay, taking into account the circumstances of each case, of any lack of conformity observed during the execution of a travel service included in the contract through a durable means.
8. PRESCRIPTION OF ACTIONS
Notwithstanding the provisions of the preceding section, the limitation period for actions derived from the rights recognized in Royal Legislative Decree 1/2007, of November 16 (B.O.E. 30-11-07) and its modifications, will be two years, as established in Article 169 of the aforementioned Royal Decree.
9. RESPONSIBILITY
9.1. General
The agency will respond jointly to the traveler of the correct
compliance with the travel services included in the contract, regardless of whether these services must be executed by itself or other providers, and regardless of the right of repetition against the operator to whom it is provided.
the non-compliance or defective performance is attributable, or against third parties who have contributed to the occurrence of the event that gave rise to the compensation, price reduction or other obligations. The organizer
states that it assumes the functions of organizing and executing the trip.
At the time of the first payment on account for the contracted trip, the traveler will be provided with information and a Guarantee certificate required by the legal regulations for package travel.
The traveler will be entitled to an appropriate price reduction for any period during which there has been a lack of conformity, unless the organizer demonstrates that the lack of conformity is attributable to the
traveler or that the lack does not correspond to the services included and detailed in the trip.
The traveler will have the right to receive adequate compensation from the agency for any damage or loss suffered as a result of any lack of conformity. Compensation will be paid without undue delay.
The traveler will not be entitled to compensation for damages if the agency demonstrates that the lack of conformity is:
a) Attributable to the traveler
b) Attributable to a third party unrelated to the provision of the contracted services and unpredictable or inevitable
c) Due to unavoidable and extraordinary circumstances
9.2. Communication and obligation to provide assistance
The traveler may send messages, requests or complaints in relation to the execution of the package trip and the organizer must provide adequate assistance without undue delay to the traveler in difficulty, especially in the case of unavoidable and extraordinary circumstances, in particular through:
a) The provision of adequate information on health services, local authorities and consular assistance
b) Assistance to the traveler to establish remote communications and help to find alternative travel formulas.
The agency may charge a reasonable surcharge for such assistance if the difficulty has been caused intentionally or by negligence of the traveler. This surcharge will not in any case exceed the actual costs incurred by the organizer.
9.3. Limits for compensation of damage
Regarding the limit of the scope and/or conditions of payment of compensation by the travel service providers included in the package trip, the provisions of the international agreements that bind the company will apply.
European Union, in particular the Athens Convention of December 13, 1974, modified by the London Protocol of November 19, 1976, where applicable, or the Brussels Convention of April 23, 1970 and other legal provisions in force . Failing this, and excluding bodily injury or harm caused intentionally or by negligence, compensation will be limited to three times the total price of the trip.
The compensation or price reduction granted under Royal Legislative Decree 1/2007, of November 16 (B.O.E. 30-11-07) and that granted under Community Regulations 261/2004, 1371/2007, 392/2009, 1177 /2010, 181/2001 or international agreements will be deducted from each other to avoid excess compensation.
10. DELIMITATION OF THE COMBINED TRIP SERVICES
10.1. Air travel. Presentation at the airport
When traveling by plane, it is recommended that you arrive at the airport at least three hours in advance (a period that may vary depending on the specific circumstances and country of destination) before the official departure time, and in all cases In this case, the specific recommendations indicated in the travel documentation provided when signing the contract will be strictly followed.
When contracting individual services not carried out by the agency, it is recommended that the client reconfirm the flight departure times forty-eight hours in advance. The costs derived from changes in airline flights and schedules will not be covered by the agency and the regulations will be subject to the conditions of each airline, with the airline being responsible for the changes and not the agency.
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 of your country. Given the current legislation in this regard, which establishes only the existence of single and double rooms, allowing a third bed or folding bed to be enabled in some of the latter, it will always be deemed that the use of the third bed or folding 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 the room being reflected as triple, or with another name and occupancy for three people, in all the reservation forms provided to the consumer when paying the advance payment, in the contract and the tickets and/or travel documentation that is delivered simultaneously with the signing of the contract. Likewise in the cases of double rooms for use by up to four people, with four beds, when specified in the program offer/brochure.
The usual check-in and check-out times at hotels depend on the first and last service that the user is going to use. As a general rule, the rooms may be used from 3:00 p.m. on the day of arrival and must be vacated before 11:00 a.m. on the day of departure, although this schedule may vary significantly depending on the internal policy of each establishment.
When the contracted service does not include the permanent accompaniment of a guide and in the event that the user plans to arrive at the hotel or apartment reserved on dates or times other than those mentioned, it is necessary, to
To avoid problems and misinterpretations, communicate this circumstance as far in advance as possible to the Organizing Agency, the hotel or the apartments directly, as the case may be.
Likewise, you must consult the Agency, at the time of making the reservation, about the possibility of bringing animals, as they are generally not admitted in hotels and apartments. In the event that the admission of animals has been confirmed and you intend to travel with them, this circumstance must be stated in the contract.
The hotel accommodation service will imply that the room is available on the corresponding night, understood to be provided regardless of whether, due to circumstances inherent to the package trip, the schedule of
entry into it occurs later than initially planned.
10.2.2. Other services
A direct air journey will always be understood as one whose documentary support is a single flight coupon, regardless of whether the flight makes a technical stop.
10.2.3. Supplementary Services
When users request supplementary services (for example a 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 maintain their request while waiting for such services can finally be provided to you.
In the event that the parties have agreed on the prior payment of the price of the supplementary services that ultimately cannot be provided, the amount paid will be reimbursed by the Agency immediately upon withdrawal of the service by the consumer or upon return from the trip. , depending on whether the user has opted to withdraw from the provision of the requested supplementary service or has maintained the request.
10.3. Apartments
When making the reservation, the client is fully and exclusively responsible for making the correct declaration of the number of people who will occupy the apartment, without omitting children, regardless of their age. Please note that the apartment management may legally refuse to admit the entry of undeclared persons, and there will be no grounds for any claim for this reason.
In some cases there is the possibility of enabling extra bed/s or cribs, which must be requested by the clients before the contract is concluded, and which, unless expressly mentioned otherwise, will not be included in the price.
published apartment.
10.4. Special economic conditions for children
Given the diversity of the treatment applicable to children, depending on their age, the service provider and the date of the trip, it is recommended to always consult the scope of the special conditions that exist and that in each
moment will be the subject of specific and detailed information and will be included in the contract or in the travel documentation delivered at the time of signing. In general, regarding accommodation, they will be applicable as long as the
child shares the room with two adults.
10.5. Guarantee deposit or bond requested for certain services.
Certain service providers, such as hotels, apartments, companies. vehicle rental...may request the traveler, before the service is provided and at the destination, to provide a guarantee in anticipation of the possible consumption of extras or possible damages.
11. PASSPORTS, VISAS, VACCINATIONS AND DOCUMENTATION
All travelers, without exception (minors included), must carry their corresponding personal documentation and that of duly authorized minors in order, according to the laws of the country or countries being visited. The
The traveler undertakes to provide the agency in writing, and before booking the trip, with information regarding all personal circumstances that may affect this regard, in order to provide the corresponding general information. It will be at the expense of the traveler, when the trips require it to obtain visas, passports, vaccination certificates, etc. It is the responsibility of each traveler to know the entry requirements to each country, including COVID restrictions, and complete the entry forms and COVID tests.
In the event that the granting of visas is rejected by any Authority, for reasons particular to the user, or entry into the country is denied due to lack of the required requirements, or due to a defect in the required documentation, or for not being a bearer of Likewise, the Organizing Agency declines all responsibility for events of this nature, and any expenses incurred will be the responsibility of the consumer, applying in these circumstances the conditions and rules established for cases of voluntary withdrawal of services.
Minors under 18 years of age must carry written permission signed by their mothers, fathers or guardians, in anticipation that it may be requested by any authority.
In addition, passengers must comply with the required rules of prudence and diligence, the provisions indicated by the Organizer, and the administrative and legal rules and regulations related to the trip; responding to the Organizer for the damages and losses derived from its non-compliance, and those caused to the means of transport, hotels, its
facilities, furniture, belongings and any material or personal property used in the activities included in the itinerary.
Likewise, the traveler will be responsible for any damages caused to other travelers or third parties.
It is prohibited for the traveler to carry merchandise, animals, weapons, ammunition, explosives, flammable materials, toxic or dangerous substances and in general anything that could alter the safety of the trip and its travelers. In any case, the traveler is obliged to adopt appropriate and reasonable measures to try to reduce the damages that may arise from non-execution or poor execution of the contract, or to prevent them from worsening. The damages
that result from not having adopted said measures will be the responsibility of the traveler. For any specific information in this regard, it is recommended to consult the Travel Recommendations service of the Ministry of Foreign Affairs, through the website http://www.mae.es; or for citizens of other states, they should consult their embassy/consulate. As well as, regarding health issues on the website https://www.mscbs.gob.es.
12. PROCESSING OF CLAIMS
The traveler is informed that if she wishes to file a claim, she can contact the travel agency where she formalized her reservation. Likewise, and in compliance with the provisions of art. 40 of Law 7/2017, which regulates
the alternative resolution of consumer disputes, we inform you that Bolleras Viajeras is not a member of any organization and/or entity for alternative resolution thereof. Notwithstanding the above, if you do not agree
According to the solution adopted by us regarding your claim, you may contact the Consumer Arbitration Board of your corresponding CCAA and/or City Council, as well as the General Directorate of Tourism.
13. ACCOMPANIMENT
Group trips may be with a guide and accompaniment, only with one of the two or group trips on your own without accompaniment. If it is a trip with escort, it will be carried out only at the times and activities previously indicated in the itinerary, not including this service in the hours or days indicated as free or in breakfasts, lunches and dinners.
14. INSURANCE
The traveler is informed that there is the possibility of subscribing to optional insurance that covers the expenses incurred in the event that the traveler decides to end the contrast or assistance expenses, including those for health issues related to COVID, repatriation in case of accident, illness or death. Please also note that trip cancellations due to a positive COVID result are only covered if the traveler contracts insurance that includes these coverages.
15. OTHER COMPLEMENTARY INFORMATION
1. Luggage
For all purposes and as far as land transport is concerned, it will be understood that the user's luggage and other personal belongings are kept with him, regardless of the part of the vehicle in which they are placed, and that they are transported at the user's expense and risk. . Users are recommended to
are present during all luggage loading and unloading operations. Regarding air, rail, sea or river transportation of
baggage, the conditions of the transport companies apply, with the ticket being the binding document between the aforementioned companies and the passenger. In the event of suffering any damage or loss, the client must
present, immediately, the appropriate claim to the Transport Company. The Organizer undertakes to provide timely assistance to clients who may be affected by any of these circumstances.
2. Photographs and maps
The photographs and maps reproduced in the catalog are intended solely to provide further information to travelers. In the event that any type of modification occurs in the establishments, after the publication of the travel documentation, this cannot be considered misleading advertising by the Organizer.
3. Changes in Address / Management
The Organizer is not responsible for changes in the Address of the hotels contained in the catalog after its publication, as well as for the repercussions and/or consequent changes that this entails (name, services, category of the establishment, partial closure of the facilities, etc.) which in any case will be promptly communicated to the user.
4. Connecting flights
When there is no connection from the client's city of origin to the city of departure of the international flight, and as a consequence, overnight stay expenses arise, these will be borne by the client. The organizer is not responsible for any incidents arising from connecting flights purchased by the client outside of the contracted package trip.
5. Circuits
The Organizer informs the client that in the circuits specified in the brochure, the accommodation service will be provided in one of the establishments listed in the same or in another of the same category and area if there is no availability in the first ones. or a change of itinerary is made that requires it. Likewise, the circuit itinerary may be developed according to any of the options described in the program/offer. This Identification will not imply modification of the contract.
6. Documentations
In group trips, for reasons of organization and security, in some cases the guide will be the bearer of the documentation proving the accommodation reservations, air tickets and other services to be provided. In individual trips, said documentation will be delivered to the client before of the departure date.