1.- Legal terms applicable to the package travel contract and acceptance of the General Conditions
These General Conditions are subject to the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the general law for the defense of consumers and users and other complementary laws, and to the Law 7/1998, of April 13, on General Contracting Conditions and other current provisions. These General Conditions will be incorporated into all package travel contracts offered by Ultimate Wild Trip, forming part of it and being binding on both parties. Ultimate Wild Trip does not adhere to any mediation or arbitration system (consumer arbitration board, transportation, etc.) unless expressly agreed otherwise.
The organization of this package travel has been organized by Ultimate Wild Trip, a wholesale-retail tour operator owned by Daniel Bellavista Lou, NIF: 72984193H, and located at 2 Fernando de Antequera Street, House 2, Level 5ºD, 50006, Zaragoza, Spain. With the license no. C.A.A. 342.
3.- Contracting process for the package travel
The organizer will formulate a conditional offer to the traveler that will be collected in a brochure or quote, either on a durable physical or digital medium. Before acceptance by the traveler, the pre-contractual information that has not been provided so far will be delivered, as well as the legally applicable standardized information form. After the mandate of the traveler, the same will make a deposit and the organizer will take the appropriate steps to obtain from each supplier the confirmation of the travel services requested. In the case that any of these services cannot be confirmed due to lack of availability, another with similar characteristics will be offered, stating the new price, where appropriate, which the client may accept or reject. Once either the final offer or the changes proposed to the traveler are accepted, the contract will be understood as formalized and the relevant documentation will be delivered. In the event that the client rejects the proposed change, the amounts deposited to date, if any, will be refunded.
Ultimate Wild Trip undertakes to confirm travel reservations 25 days in advance before the scheduled departure date, except in those cases in which the contract is signed less than 25 days in advance, or in cases of modification of some of the contracted services, in which the term will be as short as possible.
4.1. The price of the package travel includes everything that is specified in the contract.
4.2. Prices’ check
The price of the package travel has been calculated based on the currency exchange, the price of passenger transport derived from the cost of fuel or other energy sources, fees, and taxes, including tourist fees, taxes, and landing and boarding surcharges. and disembarkation at ports and airports on the date of the quote. Any variation in the price of the aforementioned elements may lead to the revision of the final price of the trip both upwards and downwards, in the strict amounts of the aforementioned price variations. These modifications will be notified with an email to the traveler. In no case will the price of the trip be revised upwards in the 20 days immediately prior to the departure date. If the price increase exceeds 8% of the price of the package, the traveler may terminate the contract.
4.3.1 The price of the Package Travel does not include
Visas, airport taxes, and/or entry and exit taxes, vaccination certificates, “extras” such as coffees, wines, spirits, mineral waters, special diets – not even in the cases of full or half board, except that is expressly agreed in the contract otherwise-, washing and ironing of clothes, optional hotel services, and, in general, any other service that is not expressly listed on the website of each trip, in the drop-down menu “Inclusions / Exclusions / Optional extras ”or is not specifically detailed in the program/offer, in the contract or in the documentation delivered to the consumer upon signing it.
4.3.2. Tours and optional visits
In the case of excursions or optional visits not contracted before starting the trip, you must know these tours are not part of the Package Travel contract. Its publication is purely informative and the price is expressed with the indicative that should be considered as an estimate. Therefore, at the time of contracting at the destination, variations in their costs may occur, which could change the quotation price. On the other hand, these excursions will be offered to the traveler with their specific conditions and definitive price independently, not guaranteeing until the moment of their hiring the possible realization of them.
4.3.3. Additional expenses that the traveler must bear.
1.- Tips: Tips are not included in the price of the Package Travel. In the case of cruises, a complementary contribution is not included in the price of the trip, which is usually called a tip, although erroneously, the amount of which depends on the duration of the trip and whose sole recipient is the service personnel, with respect to which at the beginning of the trip the client is advised that he/she must assume the commitment to deliver at the end of the trip.
2.- Services not included in the “All-Inclusive” regime depending on the specific offer of the selected hotel.
3.-Local air taxes, hotel taxes, or any mandatory payment concept directly by the traveler.
5.- Payment method. Registrations and refunds
In the act of registration, the organizer or the retail agency may require an advance payment that usually will not exceed 40% of the total amount of the trip, issuing the corresponding receipt in which it is specified, in addition to the amount advanced by the consumer, the requested Package Travel. The remaining amount must be paid according to the indications received from the organizer or its retail agency. If the total price of the trip is not paid under the conditions indicated, it will be understood that the traveler desists from the requested trip, and the conditions set forth in the following section being applicable. All reimbursements that are applicable for any reason, will be formalized through Ultimate Wild Trip when the end customer has contracted the trip directly with the organizer, or through the Retail Agency where the registration was made, no refund will be made for services not used voluntarily by the consumer. Some luxury packages may require the payment of 100% of the total amount of the trip, to confirm the reservation.
6.- Cancellation of the trip by the organizer. Deadline.
The organizer and, where appropriate, the retailer, may cancel the contract and reimburse the traveler for all the payments made, but will not be responsible for any additional compensation if:
a) the number of people registered for the Package Travel is less than the minimum number specified in the contract / pre-contractual information and the organizer or, where appropriate, the retailer, notify the traveler of the cancellation within the period set therein, which the latest will be:
1. twenty calendar days before the start of the Package Travel in the case of trips lasting more than six days,
2. seven calendar days before the start of the Package Travel in the case of trips between two and six days in duration,
3. forty-eight hours before the start of the Package Travel in the case of trips of less than two days duration, or
b) the organizer is unable to perform the contract due to unavoidable and extraordinary circumstances and the cancellation is notified to the traveler without undue delay before the start of the Package Travel. The organizer or, where appropriate, the retailer, will provide the reimbursements required in the previous sections to the traveler without undue delay and, in any case, within a period of no more than fourteen calendar days after notification.
7.- Termination of the contract by the traveler.
The traveler may cancel the contracted trip at any time if he/she communicates it before the start of the Package Travel. In this case, the traveler must pay a penalty that will be included in the Package Travel contract that will be provided along with the confirmation and that will be based on the advance of the termination of the contract, on the recovery of costs from the suppliers, and the alternative use of travel services.
In all cases, the consumer must pay the management expenses and the cancellation expenses of the providers, if any, that causes the cancellation. The management expenses of the organizer will be 6% of the travel services included in the trip excluding the international flights, as general expenses for the management carried out.
In addition to the management expenses, the traveler may terminate the contract with the following penalty imposed by the organizer:
* A penalty, consisting of 5% of the total trip if the cancellation occurs more than ten days and less than fifteen days before the start date of the trip; 15% between days 3 and 10, and 25% within forty-eight hours prior to departure.
– In the event that the contracted and canceled services, which are part of the trip, are subject to special economic contracting conditions, the cancellation costs of the providers due to the cancellation of the client, will be those established by the provider of each service.
The agreed penalty will not be applicable when there are unavoidable and extraordinary circumstances in the place of destination or in the vicinity that significantly affect the execution of the Package Travel or the transport of passengers to the place of destination. In this case, the traveler will be entitled to a full refund of any payment made, but not to additional compensation. The established penalty will also apply when the withdrawal occurs due to the personal circumstances of the traveler.
7.1.-Management fees and cancellation fees of the organizer in individual services or booked services not included in a combined travel contract:
-Airline flights: In all cases, and counting from the confirmation of the reservation, there will be a single penalty of 6% of the final price of the reserved airline tickets, as general expenses for the management carried out.
-Car rental, transportation services, tickets to events, and tours/excursions: In all cases, counting from the confirmation of the reservation, there will be a penalty of 6% of the final price of the reserved services, as general expenses for the management carried out.
In addition to the management costs, the traveler may finish the contract with the following penalty imposed by the organizer:
*A penalty, consisting of 5% of the total reservation if the cancelation occurs more than ten days and less than fifteen days before the start date of the services; 15% between days 3 and 10, and 20% within forty-eight hours prior to departure.
8.- Transfer of the reservation.
The traveler may assign his reservation to a third person as long as he communicates it at least seven calendar days before the start of the Package Travel. The assigned will have to meet the same requirements as the transferor, generally required for the Package Travel, and both will be jointly and severally liable for the amount pending payment of the agreed price, as well as any commission, surcharge, or other additional costs derived from the assignment. The organizer or, where appropriate, the retailer, will inform the transferor of the actual costs of the transfer. Such costs will be reasonable and, in any case, will not exceed the costs actually borne by the organizer and the retailer as a result of the transfer. The organizer and, where appropriate, the retailer, will provide the transferor with evidence of the commissions, surcharges, or other additional costs derived from the transfer of the contract within a reasonable period of time, upon request by the traveler.
9.- Modifications before the start of the Package Travel
The provision of the Package Travel will be carried out in accordance with the contracted by the parties and may suffer alterations in the following cases:
a) that it is necessary to review the price according to what is included in the corresponding section
b) that the change is insignificant for which the organizer or, where appropriate, the retailer is empowered
c) that it is necessary to substantially modify any of the main characteristics provided in the pre-contractual information
d) that it is not possible to meet the previously accepted special needs of the traveler
e) that it is necessary to modify the price by a percentage higher than 8%.
In the cases set forth in letters c), d) and e) the traveler may accept the proposed change, accept a substitute trip of equivalent or higher quality if possible, or terminate the contract without any penalty. Any modification will be communicated to the traveler without delay, stating the proposed modification, the period in which he must reply, the indication that his lack of response will imply that he opts for the resolution without penalty and, where appropriate, the substitute combined trip offered, its price and the return or price increase that may correspond to it. In the event that the traveler chooses to terminate the contract, the refund of the price will take place within 14 calendar days from the notification of said option, without prejudice to their right to receive compensation for any loss or damage that suffers and can prove as a consequence of the resolution.
10.- Execution of the contract
When a significant proportion of the travel services cannot be provided as agreed in the package travel contract, the organizer, or, where appropriate, the retailer, will offer, at no additional cost to the traveler, suitable alternative formulas, if applicable. possible of equivalent or higher quality than those specified in the contract, for the continuation of the combined trip, also when the return of the traveler to the place of departure does not take place as agreed. If the proposed alternative formulas lead to a package trip of a lower quality than that specified in the contract, the organizer or, where appropriate, the retailer will apply an appropriate price reduction to the traveler. The traveler may reject the proposed alternative formulas if they are not comparable to what was agreed in the package travel contract or if the price reduction granted is inappropriate.
11.- Lack of conformity
The services of the combined trip will be understood to be provided in accordance unless the traveler states otherwise, in which case they must inform the organizer or, where appropriate, the retailer, without undue delay. To make it effective, he must grant them a reasonable period of time that gives them a real possibility of rectification. This period will not proceed in the event that there is evidence of the refusal to rectify by the organizer or retailer or in those cases in which an immediate solution is required. After the period granted without correction by the organizer or retailer, the traveler may do so himself and request reimbursement of the necessary expenses. The Organizer and, where appropriate, the retailer, depending on the circumstances of the case, must:
a) remedy the lack of conformity, unless it is impossible or if this entails a disproportionate cost, taking into account the seriousness of the lack of conformity and the value of the travel services affected.
b) reduce the price appropriately for the period during which there has been a lack of conformity unless the organizer or the retailer shows that the lack of conformity is attributable to the traveler.
c) indemnify for any loss or damage suffered by the traveler as a result of any lack of conformity, without undue delay, unless it is attributable to the traveler, or to a third party unrelated to the provision of the contracted services and unforeseeable or unavoidable, or due to unavoidable and extraordinary circumstances. The compensation for damages that the organizer and, where appropriate, the retailer must pay will be restricted by those limits that apply to the travel service providers included in the package trip. In the case of non-bodily damage, the compensation will have a limit of three times the amount of the total price of the trip as long as there is no fraud or negligence in the production of the damage and must always be accredited by the traveler. The above limitations will not apply to personal injury.
12.- Traveler assistance
The organizer and the retailer shall provide adequate assistance and without undue delay to the traveler in particular difficulties by: providing adequate information on health services, local authorities, and consular assistance, and assisting the traveler in establishing distance communications and help to find alternative travel formulas. The organizer, or where appropriate the retailer, may invoice a reasonable surcharge for such assistance if the difficulty is caused by intent or negligence of the traveler. Said surcharge will in no case exceed the actual costs incurred by the organizer or the retailer.
In some cases, Ultimate Wild Trip offers expeditionary trips outside the traditional tourist routes, in close contact with nature, and living in many cases in remote rural areas far from Western customs. Consequently, the trip that is contracted has specific characteristics that suppose, with respect to conventional trips, a greater risk than usual, a risk of which the recipient who hires it is fully aware, assuming the responsibility that derives from it and expressly declaring that risk is precisely one of the causes that decisively influence their hiring.
13.- Unavoidable and extraordinary circumstances
In the event of unavoidable and extraordinary circumstances, the following rules will apply:
– When unavoidable and extraordinary circumstances occur at the destination or in the vicinity, which significantly affects the execution of the package trip or the transport of passengers to the destination, the traveler will have the right to terminate the contract before the start of the same without paying any penalty. In this case, the traveler will be entitled to a full refund of any payment made, but not to additional compensation.
– If it is impossible to guarantee the return of the traveler as agreed in the contract, the organizer or, where appropriate, the retailer, will assume the cost of the accommodation that is necessary, if possible of an equivalent category, for a period not exceeding three nights per traveler.
14.1 For the execution of the combined trip
The organizer and the retailer will jointly and severally respond to the traveler for the correct fulfillment of the travel services included in this contract, regardless of whether these services must be performed by themselves or other providers, as well as providing assistance if the traveler has in difficulties.
14.2 Due to errors in reservations
The organizer and, where appropriate, the retailer will be responsible for errors due to technical defects that occur in the reservation system that is attributable to them, as well as errors made during the reservation process, when they have agreed to manage the reservation. of a package trip. The organizer and, where appropriate, the retailer, will not be responsible for reservation errors attributable to the traveler or when unavoidable and extraordinary circumstances occur.
15.- Particularities of combined travel services
The quality and content of the services provided by the hotel will be determined by the official tourist category, if any, assigned by the competent body in your country. In some cases, information on the category of hotels will be provided in the brochure using a star classification, even if this is not the current one in the specific country, so that the client can, through the star equivalence, orient themselves more easily on the services and categories of the establishments, always knowing that such rating only responds to the assessment made by the Organizer. Given the current legislation in this regard, which establishes only the existence of single and double rooms allowing that in some of the latter a third bed can be enabled, or a large bed and a single bed, or 2 large beds, it will always be estimated that the use of the third and fourth places is done with the knowledge and consent of the people who occupy the room.
Triple or quadruple rooms or cabins are generally double rooms to which one or two beds are added, which are usually a sofa bed or a folding bed, except in certain establishments where two large beds are used instead of additional beds. Some hotels only allow a maximum of 3 adults per room or 2 adults and 2 children.
The usual time for entry and exit at the hotels depends on the first and last service that the user is going to use. As a general rule, and unless expressly agreed otherwise in the contract, the rooms may be used from 3 pm on the day of arrival and must be vacated before 12 noon on the day of departure. The accommodation service will imply that the room is available on the booked night, being understood to be provided regardless of the fact that, due to circumstances of the combined trip, the time of entry in it occurs later than initially planned.
When the contracted service does not include the permanent accompaniment of a guide and in the event that the user anticipates his arrival at the reserved hotel on dates or times other than those outlined, it is advisable, to avoid problems and misinterpretations, to communicate as far in advance as possible. possible such circumstance to the organizer, or to the hotel directly, depending on the case.
The client must present himself at the place indicated for departure with the anticipation provided in the travel documentation provided.
In air travel, the presentation at the airport will be made at least three hours in advance on international trips and two hours in advance for national ones on the official departure time, and in any case, the specific recommendations indicated in the documentation will be strictly followed. of the trip provided when signing the contract. If the traveler cannot make the trip due to not having presented with the required notice, the regime will be applied to the withdrawal of the traveler once the trip has started. Reservations will be made with the data indicated by the traveler. The airlines reserve the right that a ticket with a name that does not match the one that appears in the passport may be grounds for denying boarding to a traveler.
Once the reservation is made, an error in the name or an incomplete name causes a new reservation with the possibility of not getting seats on the same flights or that the initial price varies.
The loss or damage that occurs in relation to the hand luggage or other objects that the traveler carries with him and keeps in his custody are at his sole risk and expense.
A direct air route will always be understood as one whose documentary support is a single flight coupon, regardless of whether the flight makes a technical stop. On plane flights with stopovers in countries where it is necessary to obtain a visa in transit, it will be the responsibility of the client to obtain said visa to avoid customs retentions.
15.3 Supplementary Services.
When users request supplementary services (for example, room with mountain views, etc.) that cannot be definitively confirmed by the organizer, the user may choose to definitively withdraw from the requested supplementary service or keep their request pending that such services can finally be provided to you. In the event that the parties have agreed to the prior payment of the supplementary services that finally cannot be provided, the amount paid will be reimbursed by the organizer immediately upon withdrawal of the service by the traveler or upon return from the trip, depending on the user. opted for the withdrawal in the provision of the requested supplementary service, or has maintained the request.
Half-board, unless otherwise indicated, includes breakfast and dinner. As a general rule, and unless expressly stated otherwise, such meals do not include beverages. Special diets (vegetarian or special diets) are only guaranteed if they have been agreed upon by the parties under special conditions. If due to delay, whatever it may be, a restaurant service corresponding to the alimony contracted is lost, there will be no right to any refund.
15.5 Tours or organized group trips.
In the circuits, the coaches can vary in their characteristics depending on the number of participants. If a sufficient number of travelers is not reached at any exit, a minibus or van may be used. Likewise, in the description of each circuit, it is indicated whether or not the coach has air conditioning, it is understood that it does not have it if nothing is indicated. In all the above cases, the design, structure, comfort, and safety of the transport vehicle may not adapt to Spanish norms and standards.
15.6 Right of Admission / Expulsion in organized trips.
The successful development of the trip is a function of a normal degree of harmony in the coexistence of the group, so that member of the group who disturbs or damages such coexistence may be excluded from the group.
15.7 Special economic conditions for children
Given the diversity of treatment applicable to children, depending on their age, the service provider, and the date of the trip, it is recommended to always consult the scope of the special conditions that exist and that at all times will be the subject of specific and detailed information. and it will be collected in the contract or in the travel documentation that is delivered at the time of signing.
16.- Passports, visas, and documentation
All users, without exception (including children), must carry their corresponding personal and family documentation in order, be it their passport or D.N.I., according to the laws of the country or countries they are visiting. It will be on their behalf when the trips require it to obtain visas, passports, vaccination certificates, etc. If the granting of visas is rejected by any Authority, for particular reasons of the user, or their entry into the country is denied due to lack of the requirements that are demanded, or by default in the required documentation, or for not being a bearer of The Organizing Agency itself declines all responsibility for events of this nature, with the traveler being responsible for any expenses that may arise, applying in these circumstances the conditions and rules established for the cases of voluntary withdrawal of services. All users, and especially those with a nationality other than Spanish, are also reminded that they must ensure, before starting the trip, that they have complied with all the applicable rules and requirements regarding visas in order to be able to enter without problems in all countries to be visited. Children under 18 years of age must carry written permission signed by their parents or guardians, in anticipation that it may be requested by any authority.
Baggage restrictions will be determined by the rules of each carrier.
18.- People with reduced mobility
People with reduced mobility, before proceeding with the reservation request, must inform the retail agency of this situation, in order to assess the possibility and viability of hiring the trip according to its characteristics. In accordance with the provisions of EC Regulation 1107/2006, a person with reduced mobility is understood to be any person whose mobility to participate in the trip is reduced due to physical disability (sensory or locomotor, permanent or temporary), disability, or intellectual disability, or any other cause of disability, or age, and whose situation requires adequate attention and adaptation to their particular needs of the service made available to the other participants on the trip. ” It is also very important to note that retail agencies as soon as they become aware that a person with reduced mobility wishes to participate in a package travel, must immediately inform the organizer of this, in order to assess the possibility and viability of contracting the requested trip according to its characteristics.
These General Conditions and Provisions will be valid until they are replaced by new ones. These conditions will be reviewed and updated annually.
20.- Data protection
-Responsible: Ultimate Wild Trip. Data protection officer: C / Fernando de Antequera nº2, Casa 2, 5ºD, 50006, Zaragoza, Spain.
-Main purposes and legitimation: information about our products/services. Management of the contracted trip as well as its monitoring, documentation, and billing.
21.- Alternative dispute resolution
1. at any time, the consumer and the agency may seek the mediation of the competent administration or the bodies that are set up for this purpose to find by themselves a solution to the conflict that is satisfactory for both parties.
2.The consumer may direct their claims to the competent Consumer Arbitration Board. The conflict may be submitted to arbitration if the claimed agency had previously adhered to the consumer arbitration system (in which case the agency will duly notify the consumer of this) or, if the agency, despite not being a member, accepts the consumer’s request for arbitration.
Claims involving intoxication, injury, death, or there are rational indications of crime cannot be the object of consumer arbitration.
In the event of a consumer arbitration, the award issued by the arbitral tribunal designated by the Consumer Arbitration Board will resolve the claim submitted definitively and will be binding on both parties.
3.If the organizing agency and/or, where appropriate, the retail agency, adhere to any alternative dispute resolution system or are bound to do so by any rule or code of conduct, they will inform the traveler of such circumstance before the formalization of the package travel contract.
22.- Legal actions and prescription.
1.If the dispute is not subject to consumer arbitration, the consumer may claim in court before the courts of the place where the contract is concluded.
2.The consumer may only be sued before the courts of the place where the contract was concluded.
3.The legal actions derived from the combined travel contract prescribe for the course of a period of two years, counting from the day on which the trip was to end.