Travel Agency VB MALLORCA CYCLING CENTER, S.L.U.
- For the purpose of these General Conditions, the programme / brochure is the informative document in which these are included. The Programme / Offer is the description of the combined journey contained in the travel documentation (Precontractual Information and Services contracted) that constitutes the object of the combined travel contract and its Addenda.
- The information contained in the programme / brochure is binding for the ORGANISER, except if the changes in that information have been clearly notified in writing to the client prior to entering into the contract and/or prior written contract between the parties contracting. The information provided to the traveller in the Programme / Offer regarding the main features of the travel services, the price of the journey, the means of payment or financial guarantees that must be produced, the minimum number of people required to perform the journey and the traveller’s right to terminate the contract prior to commencement of the journey in exchange for adequate penalisation, this shall form an integral part of the combined travel contract, in the event of it finally being confirmed, and this shall not be amended, except if the parties subscribing specifically agree to the contrary. Prior to entering into the combined travel contract, the Organiser shall inform the traveller, in a clear, understandable, emphasised manner, of all changes in the precontractual information.
1. JURIDICAL REGULATION APPLICABLE TO THE COMBINED TRAVEL CONTRACT AND ACCEPTANCE OF THE GENERAL
- These General Conditions are subject to the terms set forth in Royal Legislative Decree 1/2007, of 16th November, that approves the consolidated text of the General Consumers and Users Act and other complementary laws 1 (Official State Gazette 30-11-07), and its amendments and other provisions in force.
- These General Conditions shall be included, signed by the parties to the contract, in all the combined travel contracts whose object are programmes / offers in force, and contained, if appropriate, in the programme / brochure, and binding on the parties, with the particular conditions that are established in the contract, or that are recorded in the travel documentation.
- Organisation of the combined journey has been carried out by VB MALLORCA CYCLING CENTER, S.L.U., T.I.N. ESB67889519, with registered office at Carrer de la Goleta s/n, 076100 Can Pastilla-Mallorca, Spain.
- 3.1 Services included in the price.
The price of the Combined Travel includes all the services and complements that are specified in the programme / offer subscribed, and that are specifically recorded in the combined travel contract, as well as Value Added Tax (V.A.T.) or Canary General Indirect Tax (I.G.I.C.), etc., when these are applicable.
- 3.2. Price review
The price of the combined travel has been calculated on the basis of the exchange rates, transport rates, cost of fuel or other energy sources, and applicable fees and taxes on the date of publication of the programme / brochure, or the subsequent ones that may have been published, if appropriate. Any change in the Price of said elements may give rise to review of the final price of the journey, both upward or downward, after its formalisation, by the strict amounts of the variations stated: After the contract is formalised, the prices may only be amended, both upward or downward, as a direct consequence of changes to:
3.3. Special offers
- ) The price of passenger transport arising from the cost of fuel or other energy sources;
- )The service of taxes or levies on travel services included in the contract, demanded by third parties not directly involved in provision of the combined travel, including tourism fees, taxes and surcharges, aircraft landing, docking and boarding or passenger landing fees at ports and airports; or
- )The currency exchange rates applicable to the combined travel. Likewise, the traveller shall be entitled to the relevant price reduction for all decreases in the costs mentioned that may arise during the period between the contract being entered into and commencement of the combined travel. In that case, the organiser shall be entitled to deduct the real administrative expenses for reimbursement owed to the traveller. If the traveller so requests, the organiser must provide proof of such administrative expenses. The traveller shall be notified of such price-related amendments in a clear, understandable manner, justifying these, and calculating them on a durable medium, at the latest 20 calendar days prior to commencement of the combined travel. That price variation shall be calculated by adding / subtracting the cost increase / decrease arising from the price of the combined travel. If the increase in price mentioned exceeds eight per cent of the total price of the combined travel, within a reasonable term specified by the organiser, the traveller may agree to the change proposed or terminate the contract without paying a penalty.
When the combined travel is performed due to special, last-minute or equivalent offers, at a different price to that stated in the programme / brochure / web, the services included in the price are only those that are specified in detail in the programme / offer, even when such an offer may refer to any of the programmes described in the brochure.
3.4.1. The price of the Combined Travel does not include
Fees, taxes and/or local charges to be paid by the client at the destination, such as tourist, ecological, hotel taxes, etc., visas, airport fees and/or entry and exit fees, vaccination certificates, beverages, special nutritional regimes – not even in cases of full or half-board, and in general, any other service that is not specifically detailed in the programme / offer, in the combined travel contract. 1 Nor does it include additional charges that may be collected by some accommodation, directly at the destination, for additional services made available to the traveller, even if they do not make use of such.
3.4.2. Excursions or discretional visits
In the case of excursions or discretional visits not subscribed at origin, you must bear in mind that these do not form part of the combined travel contract. Their publication is merely informative and the price is stated as estimated in the description. Due to this, when subscribing at the destination, there may be variations in their costs that may alter the estimated price. On the other hand, such excursions shall be offered to the consumer independently under their specific conditions and definitive price, not guaranteeing their possible provision up to the moment they are subscribed.
3.4.3. Rental of motor vehicles and bicycles
The combined travel price does not include rental at the destination of motor vehicles, nor bicycles, except if they are hired specifically by the traveller under specific conditions and at a definitive price apart from the price of the combined travel, that shall be reported and defined at the moment of signing the contract. In the case of bicycle rental at the destination, a sum may be required as a deposit, that shall be fully reimbursed within the term of 72 hours from its delivery, after their perfect state is checked. An insurance policy to cover damage and loss of the bicycles rented may be arranged.
The price of the combined travel does not include tips. In the case of cruises, except if specified to the contrary, the travel price does not include a complementary contribution that is usually called tip, an amount that depends on the length of the journey and whose sole intended receiver is the service personnel, with regard to which the client is informed on beginning the journey, that they undertake to deliver on conclusion of the journey.
4. TERMS OF PAYMENT. INSCRIPTIONS AND REIMBURSEMENTS
- At the moment of requesting the services, the Organising Agency may require an advance that shall not exceed 60% of the total amount of the travel, except if the service providers require advance payment of higher amounts, issuing the relevant receipt in which it specifies, in addition to the amount paid in advance by the consumer, the combined travel requested. The remaining amount must be paid according to the payment schedule set, and in all cases before delivery of the travel coupons or documentation, that must take place enough time prior to the departure date.
- If payment of the total price of the journey is not settled under the conditions stated, the consumer will be understood to have withdrawn from the travel requested and the conditions set forth in the following paragraph shall apply. All appropriate reimbursements for any item shall always be formalised through the Organising Agency where the inscription has been made, not providing any reimbursement whatsoever for services voluntarily not used by the consumer.
5. WITHDRAWAL BY THE CONSUMER, ASSIGNMENT AND CANCELLATION OF THE TRAVEL DUE TO NOT REACHING THE NUMBER OF PERSONS REGISTERED AS THE MINIMUM FORESEEN OR INEVITABLE AND EXTRAORDINARY CIRCUMSTANCES
5.1. WITHDRAWAL BY THE CONSUMER
At any time prior to commencement of the combined travel, the traveller may terminate the contract, in which case they must:
- ) Pay the Organiser the management fees for modification or cancellation as stated below:
- Management fees for modification (not reimbursable):
- Less than 72 hours from confirmation of the reservation: without modification management fees.
- More than 72 hours from confirmation of the reservation: € 30 per reservation.
- Management fees for cancellation:
- Less than 72 hours from confirmation of the reservation: without management fees for cancellation.
- More than 72 hours from confirmation of the reservation: € 30 per reservation.
- ) Compensate the Organising Agency with a penalisation consisting of the Provider’s Cancellation Fees for the travel services plus:
5.2. ASSIGNMENT OF THE TRAVEL
- 5% of the total amount of the travel if the withdrawal takes place more than 10 days and less than 15 days prior to the date of travel;
- 15% of the total travel, between days 3 and 10 prior to the date of travel;
- 25% within the 48 hours prior to departure.
If they do not arrive at the time foreseen for departure, you shall not be entitled to any reimbursement whatsoever of the sum paid. Notwithstanding the terms set forth in the preceding paragraph, when inevitable extraordinary circumstances arise at the destination, or in the area around it that significantly affect conducting the combined travel or passenger transport to the destination, the traveller shall be entitled to terminate the contract prior to its commencement without paying any penalty. In that case, the traveller shall be entitled to full reimbursement of any payment made, but not to additional compensation.
The traveller may assign the combined travel contract to a person who complies with the conditions applicable to that contract, previously notifying the Organiser on a durable medium, a reasonable time of at least seven calendar days prior to commencement of the combined travel. The assignor and assignee shall be held jointly liable to the Travel Agencies for the sum of the travel price pending payment, as well as any commission or surcharge and the additional expenses due to the assignment. The Organiser shall inform the assignor of the effective assignment fees. The fees must be reasonable and, in all cases, these shall not exceed the costs effectively borne by the Organiser due to the assignment. The Organiser shall provide the assignor proof of the commissions, surcharges or other additional costs arising from assignment of the agreement.
5.3. COMBINED TRAVEL SUBJECT TO SPECIAL FINANCIAL CONDITIONS
In the event of the combined travel being subject to special financial conditions of contracting, such as chartering planes, ships or special rates, the cancellation shall be established according to the conditions agreed between the parties. Changes of timetable for special (charter) flights, that may arise up to 48 hours before the departure date, shall not be considered a sufficient reason for the client to withdraw from travel. The client shall be responsible for confirming the charter flight timetables 48 hours prior to the date of the flight. If the flights to get to the cities from which the charter flights depart have not been reserved through the Organiser, it shall not take charge of the fees their modification or cancellation may cause due to changes in operation of such charter flights.
5.4. CANCELLATION OF THE CONTRACT BY THE ORGANISER
The Organiser may cancel the contract and reimburse the traveller all the payments they have made, but shall not be held liable for any additional compensation if it becomes impossible to perform the contract due to inevitable extraordinary circumstances, and if the traveller is notified of the cancellation without undue delay prior to commencement of the combined travel, or if the number of people registered for the combined travel is lower than the minimum number specified in the contract and the Organiser notifies the traveller of the cancellation within the following terms:
- dTwenty calendar days prior to commencement of the combined travel in the case of journeys lasting more than six days.
- Seven calendar days prior to commencement of the combined travel in the case of journeys lasting two to six days.
- Forty-eight days prior to commencement of the combined travel in the case of journeys lasting less than two days.
- The Organising Agency undertakes to provide its clients all the contractual services, with the conditions and characteristics stipulated, all pursuant to the following particulars:
- The traveller must inform the organiser without delay, taking into account the circumstances of each case, of any failure to comply that is observed during performance of a travel service included in the contract.
8. STATUTE OF LIMITATIONS
- Notwithstanding the terms set forth in the preceding paragraph, the term for expiry of the actions arising from the rights recognised under Royal Legislative Decree 1/2007, of 16th November (Official State Gazette 30-11-07) and its amendments, shall be two years, as established in Article 169 of said Royal Decree.
- 9.1. General
The organisers of the combined travel shall be held liable to the traveller for correct fulfilment of the travel services included in the contract, independent of these services having to be executed by them or other providers, and regardless of the right to repetition against the operator that it may be charged due to breach or defective fulfilment, or against third parties who have contributed to the fact giving rise to compensation, to reduction of the price or other obligations arising. The Organisation declares that it undertakes the functions of organisation and execution of the travel. At the moment of first payment on account of the travel subscribed, the traveller shall be provided information and the guarantee certificate required by the legal combined travel regulations. 1 The traveller shall be entitled to an adequate price reduction for any period during which there has been a lack of approval, unless the Organiser proves that the lack of compliance is due to the traveller. The traveller shall be entitled to receive adequate compensation from the Organiser for any damage or harm they may suffer as a consequence of any lack of compliance. The traveller shall not be entitled to compensation for damages and losses if the lack of compliance is:
9.2. Notification and obligation to provide assistance
- Due to the traveller;
- Due to a third party other than provision of the services subscribed and unforeseeable or inevitable; or,
- Due to inevitable, extraordinary circumstances.
The traveller may send messages, requests or complaints related to performance of the combined travel directly with the Organiser through which it was acquired, and the Organiser must provide the traveller in difficulties adequate assistance, without undue delay to the travel, especially in the case of inevitable, extraordinary circumstances, in particular by means of:
9.3. Limits to compensation of damages
- Adequate supply of information on healthcare services, the local authorities and consular assistance; and
- Assistance for the traveller to establish remote communications and help to find alternative travel formulas. The Organiser may bill a reasonable charge for that attendance if the difficulty has not originated intentionally or due to negligence by the traveller. That surcharge shall not exceed the real costs incurred by the Organiser in any case.
With regard to the limit of the scope and/or conditions for payment of compensations by travel service providers included in the combined travel, the applicable terms are those set forth in the international conventions that are binding in the European Union. Failing that, and except for bodily harm or damage caused intentionally or due to negligence, the compensation shall be limited to triple the total price of the journey. Compensation or reduction of the price granted by virtue of Royal Legislative Decree 1/2007, of 16th November 1 (Official State Gazette 30-11-07) and granted by virtue of Community Regulations 261/2004, 1371/2007, 392/2009, 1177/2010, 181/2001 or international conventions shall be deducted from one or another to avoid excess compensation.
10. DEFINITION OF THE COMBINED TRAVEL SERVICES
- 10.1. Travel by plane. Check-in at the airport
For travel by plane, it is recommended to check in at the airport at least two hours in advance (a term that may vary by virtue of the specific circumstances and country of destination) of the official departure time, and in all cases, the specific recommendations indicated in the travel documentation provided on signing the contract shall be followed strictly. In subscribing stand-alone services, the client is recommended to confirm the flight departure times forty-eight hours in advance.
- 10.2. Hotels
- 10.2.1. General
The quality and content of the services provided by the hotel shall be determined by official tourism category, if any, assigned by the competent body in the country. If no official category exists, the information offered shall be as guidance. Due to the legislation in force in that regard, only the existence of individual and double rooms is established, allowing a third or folding bed to be placed in any of the latter, always considering that use of the third or folding bed is made with knowledge or consent by the persons occupying the room. That tacit consideration arises from the certain circumstance of having received prior notice, as well as the room having been recorded as triple, or with another name and occupancy for three people, on all the reservation forms provided to the consumer when paying the deposit, in the contract and on the tickets and/or travel documentation that is delivered simultaneous to signing it. Likewise, in cases of double rooms for use by up to four people, with four beds, when this is specified in the programme offer / brochure. The usual timetable to check in and out of hotels is according to the first and last service the user is to use. As a general rule, the rooms may be used as of 15 hours from the day of arrival and shall be left vacant before 12 hours on the day of departure, although that timetable may vary considerably according to the internal policy of each establishment. When the service subscribed does not include permanent accompaniment by a guide and in the event of the user intending to arrive at the hotel or apartment reserved on different dates or times to those stated, it shall be necessary, according to such cases, to notify the Organising Agency, the hotel or apartments directly, of that circumstance as soon as possible in advance, to avoid problems and misinterpretations. The Agency must also be consulted on making the reservation, regarding the possibility of taking pets, as they are generally not allowed in hotels and apartments. If pet admission is confirmed and you intend to travel with them, that particular must be recorded in the contract. The hotel accommodation service shall mean that the room is available on the relevant night, this being understood to be provided regardless of whether, due to the actual circumstances of the combined travel, the timetable to check in to it arises later than initially foreseen.
- 10.2.2. Other Services
For flights that are to arrive at the destination after 12:00 hours, the first hotel service, when included in the programme / brochure offer, shall be dinner. Likewise, on flights due to arrive at the destination after 19:00 horas, the first hotel service shall be the accommodation. The direct flight shall always be understood as that which is a sole flight coupon on the documentary media, regardless of whether the flight performs any technical stopover.
- 10.2.3. Supplementary Services
When users request supplementary services (for example, a room with a sea-view, etc.) that cannot be definitively confirmed for them by the Organiser, the traveller may opt to definitively desist from the supplementary service requested or maintain their application while waiting to see if such services may finally be provided. In the event of the parties having agreed prior payment of the supplementary services that cannot be provided, the amount paid shall be reimbursed by the Organiser immediately after the consumer has agreed not to receive the service, or on returning from the journey, according to whether the user has opted not to receive the supplementary service, or has maintained their request.
- 10.3. Apartments
On making the reservation, the client is fully and exclusively responsible for correctly declaring the number of people who are to occupy the apartment, without omitting the children, whatever their age. You are warned that the apartment management may legally refuse to allow entry to persons who are not declared, there being no entitlement whatsoever to complain due to such. In some cases, there is the possibility of enabling supplementary beds or cots, tat must be requested by the clients before formalising the contract, and that except if mentioned to the contrary, shall not be included in the published price of the apartment.
- 10.4. Special financial conditions for children
Due to the diversity of treatment applicable to children, depending on their age, the service provider and the date of travel, it is always recommendable to check the scope of the existing special conditions and that these to be subject to specific, detailed information at all times, and recorded in the contract or the travel documentation delivered at the moment of signing it. In general, with regard to accommodation, these shall be applicable as long as the child shares the room with two adults.
- 10.5. Guarantee or deposit requested for certain services
Certain service providers, such as hotels, apartments, vehicle rental companies... may ask the traveller to provide a guarantee prior to providing the service, at the destination, to cover possible consumption of extras or the possibility of damage.
11. PASSPORTS, VISAS AND DOCUMENTATION
- All travellers, without exception (including minors), must have the relevant personal documentation in order and that of duly authorised minors, pursuant to the laws of the country or countries visited. The traveller undertakes to provide the Organising Agency the information on all the applicable personal particulars in that regard, in writing and before subscribing the travel, in order to be able to provide the relevant information of a general nature. When required, the traveller shall bear the cost of obtaining visas, passports, vaccination certificates, etc. If any Authority refuses to grant visas for specific reasons due to the user, or if their entry to the country is refused due to lacking the requisites demanded, or due to defects in the documentation required, or due to not bearing it, the Organising Agency declines all liability for such events, and the consumer shall bear any expense arising, applying the rules established for cases of voluntary withdrawal from the services in such circumstances. Those under the age of 18 years must have a written authorisation signed by their parents or guardians, in case this is demanded by any authority. For any specific information in that regard, you are recommended to consult the Ministry of Foreign Affairs Travel Advisory service on the web page http://www.mae.es; or for citizens of other countries, you must consult your embassy / consulate. Moreover, with regard to health matters, there is the web page https://www.mscbs.gob.es.
12. PROCESSING COMPLAINTS
- The traveller is informed that, in the event of wishing to submit any complaint, they may address the Organising Travel Agency where they formalised their reservation. Moreover, and in fulfilment of the terms set forth in Article 40 of Act 7/2017, that regulates alternative settlement of consumption litigation, we inform you that VB MALLORCA CYCLING CENTER, S.L.U. has not adhered to any alternative body and/or entity to settle such. Notwithstanding the foregoing, if you do not agree with the solution we have adopted with regard to your claim, you may address the Consumer Arbitration Board of your Autonomous Community and/or relevant City Council, as well as the Directorate General of Tourism. In all cases, we inform you that VB MALLORCA CYCLING CENTER, S.L.U. shall not participate in the arbitration proceedings before the aforementioned entities.
- 13.1 Insurance included
All travel by VB MALLORCA CYCLING CENTER, S.L.U. have “Accident and Assistance Insurance” coverage, and the policy conditions may be consulted on the Organiser’s web page.
- 13.2 Optional insurance
Optional insurance may be subscribed on each combined journey, under the particular conditions detailed and agreed at the moment of confirming the reservation.
14. OTHER COMPLEMENTARY INFORMATION
- 14.1 Baggage
To all purposes and with regard to land transport, the baggage and other personal belongings shall be understood as those the users keep with themselves, whatever part of the vehicle in which they are placed, and that are transported on account and at the risk of the user. The users are recommended to be present at all handling to load and unload baggage. The conditions of the carrier companies shall be applicable with regard to baggage transport by air, rail, sea or river, the transport ticket being the binding document between such companies and the passenger. In the case of suffering any damage or loss, the client must immediately submit the relevant claim to the Transport Company. The Organiser undertakes to provide the appropriate assistance to clients who may be affected by any such circumstances.
- 14.2. Photographs and maps
The photographs and maps reproduced in the catalogue are only intended to provide the Clients further information. Should any kind of change in the establishments take place after publication of the brochure, this may not be considered deceitful advertising by the Organiser.
- 14.3. Changes of Directors / Management
The Organiser is not responsible for changes of Directors / Management of hotels contained in the catalogue after their edition, as well as the repercussions and/or thus changes that this gives rise to (name, services, category of the establishment, partial closure of the facilities, etc...) that, in any case, the user shall be punctually notified of such.
- 14.4. Connecting flights
When there is no connection from the city of origin of the client to the city from which the international flight departs, and as a consequence of this, overnight stay expenses arise, these shall be borne by the client. VB MALLORCA CYCLING CENTER, S.L.U. shall not be held liable for incidents arising from connecting flights acquired by the actual client apart from the combined travel subscribed with VB MALLORCA CYCLING CENTER, S.L.U.
- 14.5. Tours
The Organiser informs the client that, on the tours specified in the brochure, the accommodation service shall be provided at any of the establishments listed in it, or at another of the same category and area, if there is no availability in the former, or proceed to a change of itinerary if so required. Likewise, the tour itinerary may be conducted according to any of the options described in the programme / offer. This identification shall not imply amendment of the contract.
- 14.6. Documentation
On group journeys, for reasons of organisation and security, in some cases the guide shall be the bearer of the documentation to prove the accommodation reservations, air tickets and other services to be provided. On individual travel, that documentation shall be delivered to the client prior to the departure date.
15. PERSONAL DATA PROCESSING.
- By adhering to these general conditions and by signing the combined travel contract, consent is provided to all the personal data provided becoming part of an automated personal data file for which the data controller company is the firm VB MALLORCA CYCLING CENTER, S.L.U., with registered office at Carrer de la Goleta s/n, 076100 Can Pastilla- Mallorca, Spain. The purposes of that file are to adequately manage the reservation and adequate provision of the contractual services, as well as international transfer of such data to the companies that organise and provide the services, as well as to be able to deliver information on products, services, offers and promotions related both to the programme as well as actions related to activity by VB MALLORCA CYCLING CENTER, S.L.U., in the field of tourism, hospitality, restaurants and travel. The data shall solely and exclusively be ceded to third parties who necessarily 1 intervene in providing the services related to the object of the travel subscribed, and with identical purposes to the above, this being with the safeguard of the duty of secrecy and application of the security measures required by the regulations in force. You may exercise the rights of access, correction, cancellation or opposition to processing in writing, attaching a copy of the National Identity Card or passport in force, sent by mail to the address provided above, or by electronic mail email@example.com, to the attention of the Data Protection department.
- These Terms & Conditions come into force on 1 July 2022.
VB MALLORCA CYCLING CENTER, S.L.U.,
VB MALLORCA CYCLING CENTER, S.L.U.
Carrer de la Goleta s/n.
076100 Can Pastilla - Mallorca
C.I.F. / ID number: ES B67889519
Inscrita en el Registro Mercantil de Baleares • Tomo: 2940 • Libro: 0 • Folio: 74 • Hoja: PM-93337 • Inscripción: 1ª