General Terms and Conditions of Contracting
These General Terms and Conditions of Contracting are governed by the provisions of Royal Legislative Decree 1/2007, of November 16, of the General Law for the Defense of Consumers and Users and other complementary laws, modified by Royal Decree-law 23/2018, of December 21, transposing directives on trademarks, railway transport, combined travel and linked travel services, Law 4/2022, of February 25, on the protection of consumers and users against situations of social and economic vulnerability, and by Law 7/1998, of April 13, on general conditions of contracting, and by the provisions set forth below.
USE OF THE WEBSITE
These general conditions regulate the use of the service of the website www.euromxenecongress.com, whose company owner is VIAJES TRANSVIA TOURS S.L., available free of charge to Internet users. The use of the mentioned website attributes the status of user and implies the full and unconditional acceptance by the user of each and every one of the general conditions in the version published by VIAJES TRANSVIA TOURS S.L. at the very moment the user accesses the website. The user must carefully read the general conditions on each occasion they intend to use the website. Likewise, the use of the service is also subject to all notices, usage regulations, and instructions made known to the user by VIAJES TRANSVIA TOURS S.L. and provided in these general conditions as long as they do not oppose them. The user declares that they are of legal age and have the legal capacity to acquire the services offered through the website. Access to the website is prohibited for users residing in jurisdictions where its content is not authorized. This website is intended for the end consumer and can only be used to gather information for making a purchase on it, and its use for other purposes is not allowed without the express written consent of the owner of this website. In an enumerative but not limitative manner, the following is not allowed:
- Use the website in violation of current legislation, good faith, generally accepted practices, and public order.
- Use the website for harmful purposes against VIAJES TRANSVIA TOURS S.L. or any third party, or that, in any way, may cause harm or prevent the normal functioning of the website.
- Introduce into the network programs capable of causing damage to the computer systems of VIAJES TRANSVIA TOURS S.L., the company that provides tourism or travel services, suppliers, or third-party users of the internal network or the website.
- Include information from the website in comparative price search tools.
- Access the website using a robot, web spider, or any tool or automatic search program.
- Conducting massive searches in proportion to purchases made on the website.
- Make speculative, false, or fraudulent requests or contracts.
Without prejudice to the above, VIAJES TRANSVIA TOURS S.L. reserves the right to deny access to the website at any time, without prior notice and without the right to compensation, to users who breach these general conditions, or the specific ones applicable to them in each case. If VIAJES TRANSVIA TOURS S.L. has reasonable grounds to believe that an order has been placed in violation of these general conditions, it is authorized to cancel it and may inform the relevant authorities. Users should be aware that the contracting of the aforementioned services is governed by the specific or particular contractual conditions, according to the applicable law in each case, agreed upon by the Users with the Service Provider and VIAJES TRANSVIA TOURS S.L. Any contract with VIAJES TRANSVIA TOURS S.L. is subject to these freely advertised general sales conditions, so that each CLIENT can know and verify the purchase and specific terms.
These general conditions are intended to regulate the contractual terms for the provision of services by VIAJES TRANSVIA TOURS S.L., and, where applicable, the consideration due from the user to VIAJES TRANSVIA TOURS S.L. for the use of certain services by the user. The provision of services will be carried out by obtaining, arranging, organizing, employing, and managing by VIAJES TRANSVIA TOURS S.L. the technical, human, and operational resources necessary for this purpose and, in any case, as consideration for the prices in force at all times when the services are paid. Mere navigation of the website www.euromxenecongress.com will not be considered a service.
GENERAL INFORMATION
Owner: VIAJES TRANSVIA TOURS S.L., a travel agency with license number CV-Mm048-V, headquartered in Valencia, Pasaje Ventura Feliu, 16, Bajo, 46007, with VAT number B46178364, phone 96 387 09 96, and email euromxene2024@transviabusiness.com, as a Retail/Organizer Agency. VIAJES TRANSVIA TOURS S.L. especially watches over and protects the traveler in the terms detailed in these GENERAL CONDITIONS, as well as in the LEGAL NOTICE and PRIVACY POLICY through the following. The information contained in these General Conditions and those provided at the pre-contractual stage are of a generic nature. No significant variations in content are expected, and they will be modified exclusively in the terms set out in the Particular Conditions and in certain cases explained below.
CONSIDERATIONS IN THE PURCHASE PROCESS THROUGH THE WEBSITE
To make the purchase, the user will be asked for the identification details of the passengers/travelers and their payment method. This process takes place in several steps. Once the data is entered, and prior to completing the purchase, they will be displayed for the user to verify, and they can proceed with the purchase. Notwithstanding the provisions of these General Conditions, especially regarding non-payment, the parties are not committed until the user clicks the «RESERVE» box and no error message appears due to lack of information or incorrect information. Before and during the purchase process, the VIAJES TRANSVIA TOURS S.L. system may warn of possible errors or omissions in the entry of mandatory data, and the user can proceed to correct them. Once the purchase is made, VIAJES TRANSVIA TOURS S.L. is not responsible for any errors made by the user in entering data, without prejudice to the right to exercise their rights in accordance with the personal data protection regulations. After the purchase, a confirmation email will be sent with the relevant information. The user is obliged to review this confirmation email, and if it contains any errors, they must contact VIAJES TRANSVIA TOURS S.L. immediately to correct it, if necessary.
CONSIDERATIONS IN THE PURCHASE PROCESS THROUGH CUSTOMER SERVICE
In the case of using Customer Service to make a purchase, and unless expressly indicated by the buyer, it is understood that the buyer requests the cheapest trip/flight on the selected dates and times; therefore, unless otherwise indicated, they will be offered the cheapest rate («Tourist with restrictions») without the possibility of changes or cancellations. This means that it is not allowed to use the ticket differently from what was contracted, including the intention of using the return flight without having used the outbound flight without the express authorization of the travel service provider. The user will be responsible to VIAJES TRANSVIA TOURS S.L. for the credit cards used in the purchase process, guaranteeing that they have sufficient funds to cover the cost of the contracted service. The purchase of any product will only be effective when VIAJES TRANSVIA TOURS S.L. validly charges the credit card supplied or receives the amount of said purchase by transfer. VIAJES TRANSVIA TOURS S.L. reserves the right to cancel reservations made by the user in case of non-payment, return of the charge, denied card, or false data, or if VIAJES TRANSVIA TOURS S.L. cannot verify the card data. Payment via international transfers is not allowed. The payment of the air/train ticket/s is made by credit card before the issuance of the ticket/s, to proceed with the shipment to the address indicated by the User in the reservation.
GENERAL TERMS AND CONDITIONS OF CONTRACTING FOR THE PURCHASE OF COMBINED TRAVELS
1.- Definitions
Combined travel: is one in which at least two travel services are combined for the same trip or vacation, provided that the combination is formalized in a single contract regardless of whether the traveler requests it or not. It is also considered combined travel if, despite being formalized in several contracts:
It is carried out at one of our sales points.
The combination of travel services is selected before the traveler consents to pay.
It is offered, sold, or invoiced by VIAJES TRANSVIA TOURS S.L., or where appropriate the retailer, at a lump sum or global price.
It is announced by VIAJES TRANSVIA TOURS S.L., or where appropriate the retailer, as «combined travel.»
These contracts allow the traveler to choose between a selection of different travel services. Finally, contracts formalized on www.euromxenecongress.com (through an online reservation process), in which the traveler enters into a single contract with the entrepreneur but several with the service providers contracted by the traveler within 24 hours of the confirmation of the last reservation, are also considered combined travel. It is also considered combined travel if it combines a travel service (transport, accommodation, and vehicle rental) and additionally one or more tourist services, provided that:
Tourist services represent an equal or greater proportion of 25% of the value of the combination and are advertised as an essential feature of the combination or;
If tourist services have only been contracted after the execution of a travel service (transport, accommodation, and vehicle rental) has begun.
Travel service: Travel services include passenger transport, accommodation when it is not an integral part of passenger transport and does not have a residential purpose, rental of motor vehicles (Royal Decree 750/2010, of June 4), and any other tourist service that is not an integral part of a travel service mentioned above.
Combined Travel Contract: is one that is formalized in a single contract for the entire set of travel or, the formalization of several contracts for each of the travel services included in the offered combined travel and/or the travel data sheet that details its definitive content. Start date of the combined trip: is the day on which the execution of the travel services included in the contract begins. Repatriation: the return of the traveler to the place of departure or any other place agreed upon by the contracting parties. Lack of conformity: the non-performance or incorrect performance of the travel services included in a combined travel contract. Traveler: any person who intends to enter into a contract or has the right to travel under a contract. Entrepreneur: one who attends to travelers in person or online, whether acting as an organizer, retailer, entrepreneur facilitating travel services, or as a provider of travel services. Organizer: is considered to be an entrepreneur who combines and sells or offers combined travel directly, through or together with another entrepreneur. Retailer: an entrepreneur other than the organizer who sells or offers combined travel by an organizer. Lack of conformity: the non-performance or incorrect performance of the travel services included in a combined trip.
Minor: any person under eighteen years of age. Unavoidable and extraordinary circumstances: those situations that are beyond the control of the party alleging the situation and whose consequences could not have been avoided even if all reasonable measures had been taken. Point of sale: refers to any retail sales facility, whether movable or immovable, or an online retail sales website or a similar online retail sales device, even when these websites or devices are presented to travelers as a single device, including a telephone service. Establishment: access to a non-salaried economic activity and its exercise, as well as the establishment and management of companies and especially of societies, under the conditions established by the legislation, for an indefinite period, in particular through an established infrastructure. Precontractual information: Precontractual information is understood to be that which VIAJES TRANSVIA TOURS S.L., or, where appropriate, the retailer is obliged to provide to the traveler before the traveler is bound by any contract or offer. This will be considered as such the precontractual information itself and/or catalog/brochure/online sheet and the specific clauses agreed upon before the formalization of the combined travel contract.
2.- Organization of the combined trip
The organization of combined trips is carried out by VIAJES TRANSVIA TOURS S.L. or, where appropriate, by the wholesale agency or wholesale-retail agency detailed in the precontractual information provided to the customer and detailed in the combined travel contract.
3.- The combined travel contract
VIAJES TRANSVIA TOURS S.L. undertakes to deliver to the traveler a copy of the combined travel contract formalized by the parties, no later than 24 hours from said formalization. All the conditions that regulate the contracted combined travel will be an integral part of the combined travel contract, specifically, the general conditions provided in this text, the pre-contractual conditions, and the specific conditions agreed upon between VIAJES TRANSVIA TOURS S.L. and the traveler.
4.- Price
- A) The price of the combined travel includes:
The price of all contracted tourist services (passenger transport, accommodation, motor vehicle rental, etc.), whether formalized in one contract or several contracts;
Commissions, surcharges, and additional costs;
The provision of assistance by VIAJES TRANSVIA TOURS S.L., or, where appropriate, the retailer, if the traveler is in difficulty, especially in cases of extraordinary and unavoidable circumstances and those provided for in the applicable regulations;
The possibility of requesting assistance when having difficulty filing a claim for any lack of conformity by the traveler during the trip;
- B) The price of the combined travel does not include:
Any other service not specifically specified in the contract, such as
Visas; vaccination certificates; «extras» such as: coffees, wines, liquors, mineral waters, special dietary regimes, washing and ironing of clothes, parking, use of the telephone, cribs, TV rental, Spa services, hot springs, massages, medical, therapeutic, or health treatments, and; any other similar service offered by the establishment at a price independent of the main contracted service.
Those additional taxes in certain destinations that may vary depending on the category of the establishment and the destination. These fees will be paid directly at the hotel, and the traveler will be solely responsible for paying them.
Airport entry/exit taxes at airports where they are in force.
- C) Price modifications:
The price of the combined trip has been calculated based on exchange rates, transport fees, and fuel costs. Due to the constant rise in oil prices or other energy sources, the price of the trip may be modified after the booking and confirmation of the trip by VIAJES TRANSVIA TOURS S.L., or by the retailer, provided that such authority is stipulated in the formalized contract.
Depending on the destination, the traveler will be subject to, as an integral part of the total price of the combined trip, fees, taxes, and tourist charges for landing, boarding, or disembarking at ports or airports, as specified in the previous section. These amounts may be modified by third parties not directly involved in the execution of the combined trip and, consequently, may be modified by VIAJES TRANSVIA TOURS S.L.
Regarding the Tourist Tax, it is a fee applied in certain countries by hotel establishments. Travelers should check if such a tax exists for their destination.
As a result of changes in the currency exchange rates applicable to the combined trip, VIAJES TRANSVIA TOURS S.L. may modify the trip’s price.
*Any price modifications resulting from the reasons mentioned above will be notified by VIAJES TRANSVIA TOURS S.L. to the traveler with justification for the increase and its calculation on a durable medium, no later than twenty natural days before the start date of the combined trip.
Whenever the travel contract grants VIAJES TRANSVIA TOURS S.L., or the retailer, the authority to modify the price, the traveler has the right to a corresponding reduction in the price for any decrease in the costs mentioned in this section that occurs between the date of confirmation of the combined travel reservation and the start date of the trip. In the case of a price reduction, VIAJES TRANSVIA TOURS S.L. and, if applicable, the retailer, have the right to deduct actual administrative expenses from the refund due to the traveler.
- D) Price reduction and compensation for damages:
The traveler has the right to an appropriate price reduction for any period during which there has been non-conformity unless VIAJES TRANSVIA TOURS S.L. or the retailer proves that the non-conformity is attributable to the traveler.
The traveler has the right to receive appropriate compensation from VIAJES TRANSVIA TOURS S.L. or, if applicable, the retailer for any damage or harm suffered as a result of any non-conformity. The compensation will be paid without undue delay.
The traveler will not have the right to compensation for damages and harm if VIAJES TRANSVIA TOURS S.L. or, if applicable, the retailer demonstrates that the non-conformity is attributable to the traveler; attributable to a third party unrelated to the provision of contracted services and unforeseeable or inevitable, or due to unavoidable and extraordinary circumstances.
To the extent that international agreements binding the European Union limit the scope or conditions of compensation payments by travel service providers included in a combined trip, the same limitations will apply to organizers and retailers. In other cases, the contract may limit the compensation payable by VIAJES TRANSVIA TOURS S.L. or the retailer provided that this limitation does not apply to intentionally caused bodily harm or damage and that its amount is not less than triple the total price of the trip.
Any right to compensation or price reduction under the law will not affect the rights of travelers under:
Regulation (EC) No. 261/2004 of the European Parliament and of the Council of February 11, 2004, establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No. 295/91.
Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of October 23, 2007, on the rights and obligations of rail passengers.
Regulation (EC) No. 392/2009 of the European Parliament and of the Council of April 23, 2009, on the liability of carriers of passengers by sea in the event of accidents.
Regulation (EU) No. 1177/2010 of the European Parliament and of the Council of November 24, 2010, on the rights of passengers when traveling by sea and inland waterway and amending Regulation (EC) No. 2006/2004.
Regulation (EU) No. 181/2011 of the European Parliament and of the Council of February 16, 2011, on the rights of bus and coach passengers and amending Regulation (EC) No. 2006/2004.
International agreements.
Travelers have the right to file claims in accordance with applicable law, these regulations, and international agreements.
*Compensation or price reduction granted under the law and granted under these regulations and international agreements will be deducted from each other to avoid overcompensation.
- E) Agreed payment method
The parties will agree in the contract on the established payment method, whether cash or installment, although the full amount must be disbursed before the departure date. If the price is not received, it will be understood that the traveler unilaterally cancels the contract with the expenses and penalties established in RDL 1/2007.
When making non-refundable reservations, the user must pay 100% of the amount at the time of acceptance.
5.- Assistance
The traveler may send messages, requests, or complaints regarding the execution of the combined trip directly to VIAJES TRANSVIA TOURS S.L. or through the retailer through which it was purchased. The retailer will transmit such messages, requests, or complaints to VIAJES TRANSVIA TOURS S.L. without undue delay. For the purpose of complying with the terms or prescription periods, the acknowledgment of receipt by the retailer of the messages, requests, or complaints will be considered acknowledgment of receipt by VIAJES TRANSVIA TOURS S.L.
VIAJES TRANSVIA TOURS S.L. and the retailer must provide appropriate assistance to the traveler in difficulty without undue delay, especially in the case of unavoidable and extraordinary circumstances, in particular by:
supplying adequate information on health services, local authorities, and consular assistance;
assisting the traveler in establishing remote communications; and
assisting in finding alternative travel arrangements.
VIAJES TRANSVIA TOURS S.L. and, if applicable, the retailer may charge a reasonable fee for such assistance if the difficulty is intentionally or negligently caused by the traveler. This fee will not exceed the actual costs incurred by VIAJES TRANSVIA TOURS S.L. or the retailer under any circumstances.
If it is impossible to ensure the traveler’s return as agreed in the contract due to unavoidable and extraordinary circumstances, VIAJES TRANSVIA TOURS S.L. or, if applicable, the retailer will bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights, with the excess cost borne by the traveler.
The User can send their complaints, claims, or any other comments to VIAJES TRANSVIA TOURS S.L. through the contact information provided at the beginning of these Conditions or by email to the following address euromxene2024@transviabusiness.com. In addition, VIAJES TRANSVIA TOURS S.L. has official complaint forms available to consumers and users, which they can request from VIAJES TRANSVIA TOURS S.L. at any time, through the same channels.
In accordance with consumer and user regulations, it is informed that VIAJES TRANSVIA TOURS S.L. is not affiliated with any consumer arbitration system. However, and in compliance with the provisions of the European Commission Regulation (EU) No. 524/2013, we provide information about the RLL platform and access address http://ec.europa.eu/consumers/odr/
6.- Modification of contract clauses
The combined travel contract may be unilaterally modified by VIAJES TRANSVIA TOURS S.L. before the start of the combined trip, provided that the change is insignificant, such authority is stipulated in the contract formalized with the traveler, and the traveler is informed of the alteration in price, if applicable.
However, in cases where VIAJES TRANSVIA TOURS S.L. is obliged to modify any of the main characteristics of the combined trip contained in pre-contractual or contractual conditions or proposes to the traveler to increase the price of the combined trip by more than eight percent (8%) of the total price, always before the start of the combined trip, the traveler will have the option to accept the proposed change or terminate the contract without penalty.
In the event that the substitute combined trip for the modified one is of lower quality or cost, the traveler is entitled to a reduction in price.
Changes to contract clauses must be communicated to the traveler without delay and must refer to: the impact of the modification on the total price of the combined trip; the period in which the traveler must communicate their decision to terminate or accept the modifications and what happens if the traveler does not communicate anything; and, if applicable, the offered substitute trip and its price.
*In the event that the traveler requests voluntary changes to their combined trip, the prices of tourist services may not correspond to those published in the brochure or pre-contractual conditions that led to the hiring.
7.- Assignment of the combined travel contract
For the traveler to have the ability to transfer the combined travel contract to another person, the recipient must meet all the conditions applicable to that contract, and it must be communicated to VIAJES TRANSVIA TOURS S.L., directly or through the retailer, with reasonable notice of at least seven (7) natural days before the start of the combined trip.
Both the transferor and the transferee will be jointly responsible for the payment of the outstanding amount, as well as any additional expenses caused by the transfer. For this purpose, VIAJES TRANSVIA TOURS S.L. or the retailer must provide the transferor with proof of additional expenses.
8.- Payments and refunds
The combined trip must be fully paid for the traveler to be provided with all the benefits of their trip. In the event that the payment is rejected for any reason, the reservation will be canceled, with prior informative communication to attempt to resolve the payment issue.
If the total price agreed upon in the conditions is not received, it will be assumed that the traveler cancels the trip, and the provisions of section «9. Resolution of the combined travel contract by the traveler» will apply.
In the event that VIAJES TRANSVIA TOURS S.L. resolves the combined travel contract, it must return or refund to the traveler the amounts already paid within a maximum period of fourteen natural days from the date of completion of the combined trip.
The traveler who does not show up at the scheduled departure time of the contracted combined trip will not be entitled to any refund of the amount paid unless there is a different agreement between the parties, considering this case as a «no-show.»
Regarding the cancellation insurance contracted by the traveler, in no case will the premium paid by the traveler be refundable.
*Payment with authorization/deposit into account: for the payment of reserved services through the VIAJES TRANSVIA TOURS S.L. website and for security reasons, it may be requested that the customer provide specific payment authorization (accompanied by the required documentation) or that the payment be made through any publicly open sales office in the commercial network of VIAJES TRANSVIA TOURS S.L. or, if applicable, that a deposit be made into an account, depending on the specific case.
9.- Resolution of the combined travel contract by the traveler
At any time, but always before the start date of the combined trip, the traveler may terminate the contract with a penalty imposed by VIAJES TRANSVIA TOURS S.L. or, if applicable, by the retailer.
The combined travel contract may establish a standard penalty depending on the days remaining until the start date of the combined trip from the day the intention to terminate the contract is communicated, so in no case can it be less than 5 percent of the total price of the contracted trip if the breach occurs between two months and fifteen days immediately before the scheduled date of the trip; 10 percent if it occurs between fifteen and three days before, and 25 percent in the event of non-compliance within the last 48 hours.
In case a standard penalty is not established in the combined travel contract, the penalty amount will be equal to the price of the combined trip, less the cost savings and income derived from the alternative use of travel services.
If the contracted and canceled services that are part of the combined trip are subject to special economic conditions, the cancellation costs for withdrawal will be those established by the provider of each service.
When, as a result of modifications to the contract conditions of the combined trip, the traveler does not accept its substitution with another trip, VIAJES TRANSVIA TOURS S.L. or, if applicable, the retailer will refund the traveler the amounts paid without applying penalties, within a maximum period of fourteen natural days from the date of contract resolution.
Travelers will have the right to terminate the contract and the right to a full refund of the combined trip price in the following cases:
those travelers whose contracted trips are affected by unavoidable and extraordinary circumstances at the destination or in the vicinity, significantly affecting the execution of the trip or the transport of passengers to the destination.
if any of the essential elements of the combined trip are significantly modified, other than the price.
in the event that VIAJES TRANSVIA TOURS S.L. cancels it before the trip starts, the traveler will also be entitled to receive compensation, provided it has not been canceled under any legal provisions that allow it.
in the event of non-execution of services that substantially affects the execution of the combined trip, and VIAJES TRANSVIA TOURS S.L. or, if applicable, the retailer or, if applicable, the service provider, fails to resolve the problem.
When exceptional circumstances arise, such as serious security issues that may affect the trip, travelers will not have to pay any penalties.
Travelers will have the right to a reduction in the price and/or compensation for damages in the event of non-execution or incorrect execution of travel services.
*Right of withdrawal: Combined trips do not have the right of withdrawal; however, travelers who contract a combined trip outside the establishment (not to be confused with contracts concluded at a distance) have a period of fourteen days to exercise their right of withdrawal with VIAJES TRANSVIA TOURS S.L.
Contracts concluded outside the establishment include:
Contracts concluded with the simultaneous physical presence of the entrepreneur and the traveler and user, in a place other than the entrepreneur’s business establishment.
Contracts in which the traveler and user have made an offer with the simultaneous physical presence of the entrepreneur and the traveler and user, in a place different from the commercial establishment of the entrepreneur.
Contracts concluded at the commercial establishment of the entrepreneur or through the use of any means of distance communication immediately after there has been personal and individual contact with the traveler and user in a place other than the commercial establishment of the entrepreneur, with the simultaneous physical presence of the entrepreneur and the traveler and user.
Contracts concluded during an excursion organized by the entrepreneur for the purpose of promoting and selling products or services to the traveler and user.
10.- Termination of the contract by VIAJES TRANSVIA TOURS S.L.
VIAJES TRANSVIA TOURS S.L. may cancel the package travel contract, refunding the traveler for all payments made by the traveler, but without assuming liability for compensation, provided that the legal conditions established in RDL 1/2007 are met.
11.- Liability for booking errors
VIAJES TRANSVIA TOURS S.L. will be responsible for errors due to technical defects that occur in the booking system that are attributable to them, as well as errors made during the booking process when VIAJES TRANSVIA TOURS S.L. has accepted to manage the booking of a package trip.
VIAJES TRANSVIA TOURS S.L. will not be responsible for booking errors attributable to the traveler or caused by unavoidable and extraordinary circumstances.
12.- Execution of the package travel contract
VIAJES TRANSVIA TOURS S.L. and, where applicable, retailers of package travel will be jointly responsible to the traveler for the proper performance of the travel services included in the contract according to the obligations that correspond to them within their scope of management of the package travel, regardless of whether they perform these services themselves or through other providers. Notwithstanding the foregoing, the traveler may direct claims for non-compliance or defective performance of the services that make up the package travel to organizers or retailers, who will be obliged to inform about the existing liability regime, process the claim directly or by referral to the relevant authority depending on the scope of management, as well as inform the traveler of the progress of the claim even if it is outside their scope of management. Whoever responds to the traveler will have the right of recourse against the entrepreneur to whom the non-compliance or defective performance of the contract is attributable within their respective scope of management of the package travel. When VIAJES TRANSVIA TOURS S.L. or a retailer pays compensation, based on their scope of management, grants a price reduction, or fulfills other obligations imposed by law, they may request reimbursement from third parties who contributed to the occurrence of the event that gave rise to the compensation, price reduction, or other obligations.
The traveler must inform VIAJES TRANSVIA TOURS S.L. or, where appropriate, the retailer without undue delay of any lack of conformity observed during the execution of a travel service included in the contract. If any of the services included in the trip is not performed in accordance with the contract, VIAJES TRANSVIA TOURS S.L. or, where applicable, the retailer must remedy the lack of conformity, unless it is impossible or if it entails a disproportionate cost, taking into account the seriousness of the lack of conformity and the value of the affected travel services. If, according to this section, the lack of conformity is not remedied, the price reduction and compensation for damages shall apply.
Without prejudice to the exceptions provided for in the preceding section, if VIAJES TRANSVIA TOURS S.L. or the retailer does not remedy the lack of conformity within a reasonable period set by the traveler, the traveler may do so and request reimbursement of necessary expenses. The traveler does not need to specify a deadline if VIAJES TRANSVIA TOURS S.L. or, where appropriate, the retailer refuses to remedy the lack of conformity or if an immediate solution is required. When a significant proportion of the travel services cannot be provided as agreed in the package travel contract, VIAJES TRANSVIA TOURS S.L. or, where applicable, the retailer, will offer, at no additional cost to the traveler, suitable alternative arrangements, if possible of equivalent or higher quality than those specified in the contract, for the continuation of the package travel, even when the traveler’s return to the place of departure does not take place as agreed. If the proposed alternative arrangements result in a package of lower quality than specified in the contract, VIAJES TRANSVIA TOURS S.L. The traveler can only reject the proposed alternative arrangements if they are not comparable to what was agreed in the package travel contract or if the price reduction granted is inadequate. When a lack of conformity substantially affects the performance of the trip and VIAJES TRANSVIA TOURS S.L. or, where applicable, the retailer has not remedied it within a reasonable period set by the traveler, the traveler may terminate the contract without paying any penalty and request, where appropriate, both a price reduction and compensation for the damages caused.
If the package travel includes the carriage of passengers, VIAJES TRANSVIA TOURS S.L. and, where applicable, the retailer, in the cases indicated in the two paragraphs above, will also repatriate the traveler in equivalent transport without undue delay and at no additional cost. If it is impossible to ensure the traveler’s return as agreed in the contract due to unavoidable and extraordinary circumstances, VIAJES TRANSVIA TOURS S.L. or, where applicable, the retailer will bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveler. When European regulations on passenger rights, applicable to the corresponding means of transport for the return of the traveler, establish longer periods, those periods will apply.
The cost limitation referred to in the preceding section will not apply to persons with disabilities or reduced mobility, as defined in Article 2(a) of Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July 2006 on the rights of disabled persons and persons with reduced mobility in air transport, or their companions, pregnant women, unaccompanied minors, as well as persons in need of specific medical assistance, if their particular needs have been communicated to VIAJES TRANSVIA TOURS S.L. or, where applicable, the retailer at least forty-eight hours before the start of the trip. VIAJES TRANSVIA TOURS S.L. and the retailer cannot invoke unavoidable and extraordinary circumstances for the purpose of limiting liability if the carrier cannot invoke these circumstances under European regulations.
13.- Insolvency of VIAJES TRANSVIA TOURS S.L.
If VIAJES TRANSVIA TOURS S.L. becomes insolvent, the traveler will be refunded.
In case VIAJES TRANSVIA TOURS S.L. becomes insolvent after the start of the package travel and it includes transportation, the repatriation of travelers will be guaranteed.
*Guarantee in case of insolvency: VIAJES TRANSVIA TOURS S.L. has the insolvency guarantee established for package travel in Directive EU 2015/2302 and in the legislation of the Autonomous Community of the Agency formalized through the insurance policy with number 248970 with the insurance company MARKEL INTERNATIONAL INSURANCE COMPANY, BRANCH IN SPAIN. If services are denied due to the insolvency of VIAJES TRANSVIA TOURS S.L., travelers may contact that entity or, where appropriate, the competent authority.
GENERAL CONDITIONS OF CONTRACT IN THE PURCHASE OF INDIVIDUAL SERVICES
1.- General Considerations
Unless stated otherwise, any offer of tickets or reservation of seats on all types of transport, reservation of hotel rooms, services in tourist companies, or any other product or service offered by VIAJES TRANSVIA TOURS S.L. through its website is made as a mediator in the sale, that is, VIAJES TRANSVIA TOURS S.L. only connects the Service Provider with potential clients. Therefore, VIAJES TRANSVIA TOURS S.L. is an intermediary that only concludes contracts on behalf of and on behalf of the user on the one hand and the Service Provider or organizer on the other, without promising services and without providing them, not obliging itself to the result unless legally determined. Therefore, VIAJES TRANSVIA TOURS S.L. is not responsible for the non-compliance or exact and diligent compliance with the services that are part of said contract between the Service Provider or organizer and the User, except in cases where it is legally determined otherwise.
2.- Airline tickets
Management fees: VIAJES TRANSVIA TOURS S.L. will charge, in the purchase of airline tickets, a management fee per passenger (except for children under 2 years of age on the date of the flight, who are exempt from this fee). This amount varies depending on various variables, including the payment method chosen at the time of purchase. Once the reservation is confirmed, in case of a change in the payment method, this amount cannot be altered. In case of changes or modifications at the request of the user, and as long as the rates allow it, these amounts will be applied again. The management fee is not refundable under any circumstances.
«Tourist with restrictions» rate: When the buyer chooses the «Tourist with restrictions» rate, unless expressly indicated, it is a rate that does not allow changes or cancellations, nor does it contemplate a refund of the reservation amount under any circumstances. This means that the ticket cannot be used differently than contracted, including the attempt to use the return of a flight without having previously used the outbound journey with the express authorization of the travel service provider.
Fees for changes, refunds, and reissues: In all those direct or indirect refunds requested by the passenger, and allowed by the applied rate, a management fee of EUR 25 per passenger will be charged, in addition to the charge that the airline may establish (except for children under 2 years of age, who are exempt from this charge). Additionally, in addition to the charge that each airline may establish, in all those voluntary changes or reissues requested by the passenger, involving changes in the dates, flight routes, or names, and always if allowed by said airline, a management fee of EUR 15 per passenger will be charged (except for children under 2 years of age, who are exempt from this charge).
3.- Hotels
The usual check-in and check-out times at hotels depend on the first and last service that the user will use. As a general rule, rooms can be used from 4:00 p.m. on the day of arrival and must be vacated by 12:00 p.m. on the day of departure.
In the event that the user plans to arrive at the hotel or apartment reserved on dates or times other than those indicated, it is necessary, to guarantee the correct provision of the service, to communicate this circumstance as far in advance as possible to VIAJES TRANSVIA TOURS S.L., the hotel, or the accommodation establishment, directly, as the case may be. Likewise, the user must consult with VIAJES TRANSVIA TOURS S.L. at the time of booking, the possibility of bringing pets and their situation, as they are generally not allowed in accommodation establishments.
The price does not include: Any service not specified in addition to extras such as telephone calls, laundry services, minibar, parking, etc… Drinks, in half-board and full-board regimens. Authorities in certain tourist destinations may apply additional taxes (tourist tax, etc.) that must be paid on-site, locally. The user is solely responsible for paying such additional taxes and/or fees that will be indicated prior to contracting. If an exact amount cannot be indicated, an approximation will be provided.
Under 18s: Each hotel establishment sets its own special conditions for under 18s. Therefore, as each establishment applies different discounts or special conditions, we recommend that when making your reservation, inquire about this point and you will be informed in each case. Unless expressly stated otherwise, gratuities or discounts should always be understood to apply when children share a room with 2 adults, and on a room-only basis.
Cots: In the event of needing this service, indicate it when making your reservation, as hotels have a limited stock of units. In general, their hiring must be paid directly at the hotel, as if it were an extra.
Modifications during the stay: In the event that the client wishes to extend or decrease their stay at the establishment or modify the number or type of rooms, they must always communicate it to VIAJES TRANSVIA TOURS S.L., who will indicate the rate to apply, once confirmed with the corresponding provider.
Characteristics of the establishments offered on the website: VIAJES TRANSVIA TOURS S.L. makes every possible effort to ensure that the information about the offered establishments is as close to reality as possible. However, the information, images, service descriptions, etc. shown for each hotel are provided by respective suppliers, so VIAJES TRANSVIA TOURS S.L. is not responsible for possible inaccuracies or errors in them.
4.- Payments and refunds
The travel service must be fully paid for the traveler to be provided with all the benefits of it. In the event that the collection is rejected for any reason, the reservation will be canceled, with prior informative communication to try to solve the payment problem.
In case of not receiving the total payment of the agreed price under the conditions, it will be assumed that the traveler gives up the service, resolving the contract with a penalty imposed by the provider of this.
The traveler who does not show up at the scheduled time for the start of the contracted service will not be entitled to any refund of the amount paid unless there is a different agreement between the parties, considering this case as a «no-show.»
5.- Termination of the service by the traveler
At any time, but always before the start date of the travel service, the traveler may terminate the contract, applying, where appropriate, the penalty imposed by the provider.
CUSTOMER SERVICE
VIAJES TRANSVIA TOURS S.L. makes its Customer Service Center available to assist the user with any questions or suggestions they may have at the telephone number +34 96 387 09 96 or email address euromxene2024@transviabusiness.com.
PROTECTION OF PERSONAL DATA
In compliance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and European Regulation 2016/679, regarding the protection of individuals with regard to the processing of personal data and the free movement of such data, VIAJES TRANSVIA TOURS S.L. and the traveler undertake to respect and comply with the current regulations in this matter.
If you do indeed enter into a contract with VIAJES TRANSVIA TOURS S.L., information regarding data protection will be provided by VIAJES TRANSVIA TOURS S.L. to the traveler at the time specified by law. Similarly, you can view the privacy policy and data protection at https://www.transviasport.com/politica-de-privacidad/.
PRESCRIPTION OF ACTIONS
Actions arising from the rights recognized by law will be time-barred after a period of two (2) years, with the calculation starting from the date of the contract celebration.
APPLICABLE JURISDICTION
The parties contracting under these general contracting conditions submit to the Courts and Tribunals of the domicile of the traveler or the domicile of the entrepreneur, at the traveler’s choice, to resolve disputes or claims arising from the interpretation or execution of the package travel contract and these general conditions.
DECLARATION AND LIMITATION OF LIABILITY
VIAJES TRANSVIA TOURS S.L. is not responsible for the economic consequences resulting from the misuse of passwords that the user or an unauthorized third party may carry out, and users must avoid unauthorized access to personal data that only the user should know, such as a possible username or credit or debit card details.
VIAJES TRANSVIA TOURS S.L. accepts each and every one of the obligations or prohibitions imposed by current legislation regarding the exclusion or limitation of professional liability in the performance of the package travel or intermediation contract.
VIAJES TRANSVIA TOURS S.L. disclaims all responsibility for damages of any kind that are not directly attributable to them and may result from users’ use of this website, its services, or contents.
VIAJES TRANSVIA TOURS S.L. does not guarantee the availability and continuity of the operation of its website and/or services. However, if this were to occur, VIAJES TRANSVIA TOURS S.L. will warn in advance of interruptions in the operation of the website and the services offered therein. In this context, VIAJES TRANSVIA TOURS S.L. declines any responsibility for damages of any kind that may result from the lack of continuity of the website’s operation.