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Next Destinium - Terms and Conditions

 

General Conditions

The reservation of any of the trips listed at the website implies full acceptance of the underlying general conditions, which shall be automatically incorporated into the travel contract. The website / travel contract shows the duration, itinerary, prices, supplies and services included in the trip.

 

The afore mentioned information and any changes reflected in the travel contract, together with the General Conditions, shall constitute the final contract.

 

Legal Regulations applicable

The underlying general conditions are based on the Regulation of Travel Agencies, Decree 168/94 ofMay 30, 1994of the Generalitat of Catalonia and the "Regulation 2000".

 

Organization

The organizational management of trips under this Contract belongs to Next Destinium, SL, license GC-1929, Fiscal ID B65399347, established in, Avenue Via Augusta 15-25, 08174, Sant Cugat del Valles, Barcelona, Spain, in collaboration with other (inter)national travel agencies, suppliers and service providers.

 

Documentation

All travelers shall be in possession of valid ID documentation. It’s within their responsibility should any problem or inconvenience arise from breach of this obligation. Obtaining passports, visas, vaccination certificates, etc. shall be managed by the traveler. If an authority should deny the visa or other document, or if the traveler would be refused entry to a country because of lack of the necessary documentation, the organizing agency will not accept responsibility nor will reimburse any costs these facts may cause.

 

Prices

The prices listed in this program have been calculated according to the rates, prices and currency exchange rates, applicable on the day of contract closure. The agency can only review the price, either upward or downward, provided that such review occurs maximum 20 days prior to departure and cannot exceed 15% of the price of the trip. In addition, this review can only be carried out to adjust the amount of the travel costs due to variations of:

a) Exchange rates applied to the tour.

b) The price of transportation within the trip, including the cost of fuel.

c) Taxes and charges for certain services such as airport taxes, loading, unloading and similar ones included in the price.

 

The revised price will be determined by reference to the currency's value against the country of destination and prices and taxes applicable on the date of publication of the website. In case of trips that include two or more countries, the exchange rate taken as reference is the U.S. dollar on the same date.

 

In case the price revision would exceed 15% of the total amount provided, the traveler may cancel the trip with right to reimbursement of the amount paid except for agency´s handling fees and cancellation costs. The indicated prices include VAT if applicable. Rates do not include visa fees, vaccination certificates, and extras and, in general, any service not specified as "included".

 

Services included

The services included are specified for each individual trip and are to be provided in the informative travel documentation. In case of any change of the itinerary, the services included -and those not included- and conditions, these will be indicated in the informative travel contract.

 

Next Destinium offers custom-made travel solutions to its clients and does not include any service such as a local travel guide or destination correspondent, except in those cases in which it is separately contracted.

 

Reservations

At the contract closure day 30% of the total estimated amount of the trip must be deposited, besides the 100% of the airlines tickets costs (if applicable), with no seat committed until the deposit has been paid. The remaining amount must be paid at least 30 calendar days prior to departure. Should the traveler be in breach of the above, the reservation will be canceled and the corresponding cancellation costs will be charged to the traveler.

 

Further to the above, the deposit to guarantee the booking may vary according to the reservation conditions of each supplier of the trip and to the days left before departure, being required a bigger or smaller amount depending each case, resulting in the exact percentage to be communicated to the customer at the time of booking. In those cases where a person registers for another person, it is agreed that the contents of these terms apply to every traveler.

 

Reduced mobility

Travelers with reduced mobility shall inform the travel agency about their specific needs prior to reservation, in order to assess the possibility and feasibility of booking their trip according to its characteristics.

 

In accordance with the provisions of EC Regulation 1107/2006 a disabled person is understood as  any person whose mobility to participate in the trip is reduced due to physical or mental disability, permanent or temporary,  or any other cause of disability, or for the age, and whose situation needs appropriate specific attention and adaptation.

 

Booking confirmation

The final travel contract shall be drafted together with the booking confirmation. From that moment the travel contract shall be mandatory to both parties.

 

Accommodation

Unless otherwise indicated in the travel documentation or as special condition:

a) In relation to those countries where there is an official classification of hotels or other accommodations, the website includes the tourist classification applicable. In those in which there is no official classification, the category indicated on the website is just an approximation. In any case, the agency shall ensure best consistency between the classification used and the expectations generated.

b) The hours of room occupancy depend on the guidelines in each country. Usually, the room can be occupied from 14.00H on the day of arrival and must be vacated before noon on the day of departure, regardless the arrival time or the time the journey is expected to be continued.

c) The triple or quadruple rooms and cabins are usually double rooms to which one or two beds are added, usually a sofa bed or folding bed, except in certain establishments where instead two larger beds are used.

 

Transport

1. The customer must be present at the right time and place for the trip, excursion or activity indicated by the agency or, alternatively, through the informative documents/travel contract. Generally, in case of air transport the minimum time of check in at the airport is one hour and a half prior to the scheduled departure time.

2. If the customer cannot make the trip, excursion or activity due to failure to submit to the required deadlines, the conditions in the section “Presentation at Departure" will apply, or, alternatively, the conditions in "Cancellations" regarding cancellations by the customer.

3. The loss or damage of hand luggage or other items that the customer carries and retains under his custody, are at the customer sole risk.

 

Cancellations by the Customer

The customer has the right to cancel its trip at any time prior to departure. However, if the cancellation occurs within 15 days prior to departure, the customer must pay a penalty depending on the time remaining to departure, which will be:

a) 5% of the total price if it occurs in advance of more than 10 and less than 15 days.

b) 15% of the total price if it occurs in advance from 10 to 3 days.

c) 25% of the total price, if it occurs within 48 hours prior to departure.

 

The customer will not have to pay any percentage as a penalty if the cancellation is due to force majeure. To this end, force majeure is considered death, accident or serious illness of the customer or any person with whom he lives or any similar cause that prevents the customer from participating in the trip.

 

Regardless the advance in time to the date of departure of the trip, in case of cancellation by the client, this will incur cancellation charges, such as (non-refundable tickets, products and services in countries where a payment in advance is required) and handling fees (10% of the total amount of the custom-made trip). If the contracted services are subject to special cancellation policies, these will be communicated to the customer at the time of booking.

 

The cancellation shall come into effect once the desire to discontinue the trip by the customer comes to the knowledge of the agency.

 

Upon final cancellation, the agency will return the amount paid to the customer within one month, whilst deducting the handling fee and, where appropriate, the justified cancellation fees and penalties.

 

If the trip is subject to special conditions, such as charter flights, chartered ships, special rates, or others , the handling fees, cancellation fees and penalties will be those explicitly indicated at the website for that trip or as agreed in detail in the contractual document.

 

Cancellations by the Organization

The cancellation of the trip, for any reason not attributable to the customer, gives the customer the right to terminate the contract with the rights provided in the previous section.

 

In case of cancellation of the trip within 2 months prior to departure, the agency shall pay compensation to the customer depending on the time remaining to departure, with as a minimum:

a) 5% of the total price if it occurs in advance of more than 15 days and less than 2 months.

b) 10% of the total price if it occurs in advance from 15 to 3 days.

c) 25% of the total price, if it occurs within 48 hours prior to departure.

 

There is no obligation to indemnify under the following circumstances:

When the cancellation of the trip is due to force majeure. Circumstances of force majeure are those beyond control of the agency, abnormal and unpredictable, which consequences could not have been avoided.

 

Modifications

If at any time prior to departure the customer wishes to apply changes regarding the trip, the itinerary, means of transportation, duration, calendar or other points related to services whilst assuming the agency can carry those out, this may require the payment of additional costs caused by such a change, as well as a modification fee for the reservation which cannot exceed 3% of the trip.

 

In case the organizing agency would be forced to change the itinerary in its essentials before the trip departure and whilst assuming the client does not accept such change, the customer may only claim the amounts paid.

 

The modifications shall have to be notified to the customer in a written manner as soon as possible, enabling the customer to choose to cancel the reservation or contract, thereby entitled to full reimbursement of amounts paid, alternatively to accept the changes to the initial trip.

 

In case the customer does not communicate its decision regarding the above in a written manner within three working days of notification, it means opting for the resolution of the reservation or contract.

 

Defective performance or failure to provide services

1. In case customers face during the duration of the trip any defect or lack of provision of a contracted service, it shall be communicated to the organizer/retailer and if possible to the service provider, at the same place as soon as possible (maximum 24 hours). Communication should be carried out by writing or by any other recordable manner. Upon receipt of the communication, the retailer or the organizer/retailer/service provider must work diligently to find appropriate solutions.

2. If the mentioned communication is made in time and by manner indicated, the document attesting releases the customer from providing further evidence of the defect, unless the organizer, the retailer or service provider have checked in the presence of the customer that the defect does not exist or does not meet the stated characteristics, and like this they have been registered.

3. If the customer fails to communicate in time and by manner indicated, the alleged defects will have to be proven in accordance with the general criteria for testing and all the damage caused will be within the customer’s responsibility.

 

Inability to provide an important service by the organizer

If during the performance of the trip a significant portion of the contracted services cannot be supplied or could not be supplied, the organizing agency shall take appropriate solutions regarding the onward trip, without additional cost to the customer and, where appropriate, it will reimburse the customer the amount of the difference between the services contracted and those supplied. If the customer continues the journey with the solutions provided by the organizer, these solutions are considered tacitly accepted and is not entitled to any compensation. The solutions are considered tacitly accepted if the customer continues the trip with the solutions given by the organizer.

 

In case the solutions are not feasible or the customer does not accept them for valid reasons, the organizer will provide any means of transport equivalent to those contracted during the trip, enabling the customer to return to the point of origin and, where appropriate, refund the customer the price paid after deducting the amount of services provided until the end of the trip, unless in case the defect that prevents the continuation of the trip is attributable to the customer.

 

Any service not provided will be refunded at return of the trip, upon presentation of supporting documents issued by the responsible person or entity, unless if the no provision was caused by force majeure, in which case there shall be no compensation. There shall be no refund for unused services volunteered by the customer, whatever the cause of non-use.

 

Cancellation of the customer during the trip

1. The customer has the right to cancel the travel contract once travel has started, but cannot claim a refund of the amounts paid and will continue to be obliged to pay the unpaid amount (if apply).

2. If the cancellation is due to an accident or illness that prevents the customer to continue travelling, the agency shall provide the necessary assistance and, where appropriate, shall return the amount of the difference between the services contracted and delivered, deducting justified cancellation fees if apply.

3. In both cases, all additional costs caused by the cancellation and in particular the repatriation or transfer to the place of origin, are due to the customer.

 

Luggage

The organizing agency is not responsible for any incidents, loss or damage related to luggage and personal belongings, caused during the trip or transportation. The loss of luggage by the airline shall be regulated by the conditions set by IATA.

 

Presentation at Departure

Presentation at departure at airports is recommended two hours (three hours in case of intercontinental flights) prior to departure. Clients shall reconfirm with the travel agency, within 48 hours prior to the scheduled departure, date, and time and flight number. In the absence of such confirmation, the agency declines any responsibility for alterations on the information provided in advance and cancellation fees will be those determined by the respective suppliers.

 

Responsibilities

The organizing agency acts as an intermediate between travelers and the entities or persons providing the services listed in the travel itinerary; hotels, airlines, ferries, transport companies, guided tours and activities, sports or cultural events, visits to exhibitions or museums, or alike.

 

The organizing agency and the retail agency are responsible for the proper fulfillment of the travel contract, in accordance with the obligations imposed and corresponding to their respective competence of management.

The organizing agency and the retail agency are responsible either if they execute themselves the services or if they out-source to other service providers.

 

Causes disclaimer

In case of delay in departures or arrivals of any of the means of used transport caused by strikes, meteorological causes, technical problems and other causes of force majeure, Next Destinium shall be relieved of its responsibility, however agrees to perform every possible management in benefit of customers affected by this type of situations, except when the defects occurred during the execution of the contract are exclusively attributable to an intentional or negligent conduct of the customer.

 

The responsibility of organizers and retailers will terminate when any of the following circumstances occur:

a) In case shortcomings in the execution of the contract are attributable to the customer.

b) In case such defects are attributable to a third party unrelated to the delivery of the agreed services under the contract and which are unforeseeable or unavoidable.

c) In case  the referred defects are due to force majeure, defined as those circumstances beyond the control of the agency, abnormal and unpredictable circumstances, which consequences could not have been avoided, despite having acted with due diligence.

d) In case the defects are due to an event that the retailer or, if necessary, the organizer, despite all due care could not foresee or prevent.

 

When travelling is performed by own vehicles or by the organizing agency rented vehicles, in case of accident, the customer is expressly referred to the legislation regarding accidents in the country where the vehicle is registered.

 

Responsibility for overbooking, cancellation or long delay.

In accordance with the provisions of Regulation (EC) No 261/04 establishing common rules on compensation and assistance to passengers in the event of denied boarding, overbooking, cancellation or long delay of flights, the airline is required to pay due attention and assistance to passengers affected and should bear the costs of meals, calls, transportation and overnight accommodation if necessary.

 

In case of cancellation of flights the airline is also obliged to pay compensation for the passengers as well as to reimburse the price of the ticket if the passenger chooses this option. If the cancellation is due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, the operating air carrier of the flight is not obliged to pay compensation but indeed to pay due assistance and attention to passengers affected and to reimburse the fare if they choose this option.

 

In case of lack of connecting flights, even because of changing time schedules of the participating carriers, require an overnight stay or obliges a long wait, the costs arising from this event, both lodging and meals and transport will be responsibility of the air carrier causing overbooking, cancellation or delay, ruled under the provisions of Regulation (EC) No 261/04.

 

Customer´s duty to reduce damage

In any case, the customer is obliged to take the appropriate and reasonable measures to try to reduce damage resulting from non-performance or inadequate performance of the contract or to avoid them getting more problematic. Damage resulting from failure to take such measures shall be contributed to the customer.

 

Limitations of non bodily-injury liability

1. In case the services of the travel contract are not regulated by international conventions:

a) The compensations for non bodily injury will be limited under all concepts at twice the price of the travel, including moral damage not related to physical damage.

2. The limitations previously mentioned shall not apply if the agency or service providers have intentionally caused harm or acted recklessly, knowing that they would probably occur.

 

Responsibility for services not included in the travel contract

1. The contractual liability rules of the travel contract do not apply to services such as performing guided tours, attending sports or cultural events, visits to exhibitions or museums, or similar, which are not included in the overall price of the travel contract and which the customer acquires optionally on occasion during its travel. In these cases, the agency shall inform the customer the optional nature of the service and the non inclusion to the travel contract.

2. If the agency is involved in the reservation of these services, it will respond according to the specific rules of the realized contract.

 

Specific conditions

The customer will be informed before booking, about the special conditions applicable to those trips, which have specific characteristics.

 

Relinquish reservation

The customer may relinquish its reservation to a third person always when informing the travel agency with a fifteen days' notice and if allowed by carriers and transport companies.

 

Complaints

1. Without prejudice to legal actions, the customer may make written claims to the retail agency for non-performance or inadequate performance of the contract within 30 days, counting from the day on which the trip ended.

2. Within maximum another 30 days, the agency, according to its corresponding obligations regarding the trip´s management, shall respond written claims on time.

3. At this stage, the customer and the agency may seek mediation of competent authorities with the purpose to find themselves a satisfactory agreement for both parties.

4. If the dispute cannot be resolved through the complaint to the agency, the customer may submit the complaint to consumer arbitration if the claimed agency had them previously adhered to the System of Arbitration of Consumer Affairs, or in any case, claimed in court.

 

Consumer Arbitration

1. If the claimed agency had themselves previously adhered to the System of Arbitration of Consumer Affairs, the customer may direct complaints to the Consumer Arbitration Board of the corresponding Local Autonomy having jurisdiction at the place of the signed contract or to the Board to which it is adhered, counting from the day that the trip was ended.

2. Not appropriate for or subject to arbitration are claims which include poisoning, injury, death or reasonable suspicion of crime.

3. Unless otherwise determined in the submission of consumer arbitration tenders, arbitration law and procedure shall be governed by the provisions of Royal Decree 231/2008 of 15 February. Claims are being limited to an amount less than EUR 1,000 per person and to a maximum total of EUR 5,000 per claim.

4. The sentence by the arbitral tribunal designated by the Consumer Arbitration Board will resolve the presented complaint with a definitive character and will be binding for both parties.

 

Legal Actions

1. If the complaint is not subject to consumer arbitration, the customer may file a claim in judicial courts of the place of the domicile of the user.

2. The customer can only be sued at the courts of the place of the domicile of the user.

3. The legal actions arising from the travel contract prescribe by the lapse of two years, counting from the day the trip ended.

 

Insurance

Next Destinium offers the possibility of contracting travel insurance, being the customer finally deciding whether to contract or not insurance for its travel.

 

Validity

These general conditions clauses have been drafted dated September 19, 2011 and are valid indefinitely.

 


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