1. The consumer who wishes to contract a package trip makes a reservation request. Following this request, the retail agency or, where appropriate, the organising agency, undertakes to take the appropriate steps to obtain confirmation of the booking in accordance with the number of places available and the period for which it has been requested. 2. At the time of booking the request, the agency may require the consumer to deposit a sum equivalent to a maximum of 20% of the price of the trip for which the booking is requested. If the booking is confirmed, the sum paid will be charged to the price of the trip. If the consumer withdraws their booking request before confirmation, the amount deposited will be refunded, deducting, where appropriate, any reasonable management fees. 3. If the consumer requests the preparation of a tailor-made package trip, the agency may require the payment of an amount for the preparation of the project. If the consumer accepts the package offer prepared by the agency, and the agency can confirm the services it comprises, the sum delivered will be charged to the price of the trip. Whenever it cannot confirm them, the agency must return the quantities delivered by the consumer. 4. In all of the above cases, if the agency is unable to offer the requested trip and offers the consumer a similar or a different trip, unless expressly stated otherwise, it will be understood that it maintains that offer for 24 hours. In these cases, the contract will be concluded if the consumer accepts the offer within that period or the period expressly established.
Payment of the price
At the time of the conclusion of the contract, the consumer must pay a sum corresponding to 40% of the price of the package trip or, where appropriate, supplement up to that amount the amounts that have been paid on account. If the consumer does not make such a payment, the agency will require him to make it within the reasonably short period of time set. 2. Payment of the remainder of the price shall be made when the agency offers to deliver to the consumer the transport tickets, travel vouchers or any other document essential for the proper performance of the services that make up the package trip. If the consumer does not make such a payment, the agency will require him to make it within the period set. If you do not set a deadline, it will be understood that the payment must be made no later than 7 days before departure. 3. The agency may terminate the contract and apply the rules established for withdrawal before departure if the consumer does not make any of the payments provided for in the previous sections within the corresponding period. b) Rules applicable to the services of the package.
The services that make up the package travel contract result from the information provided to the consumer in the brochure or programme, as well as from the indications relating to this information that have been made when confirming the booking. 2. However, the organising agency reserves the right to amend the information contained in the brochure before the contract is concluded. To be valid, changes to such information must have been clearly communicated in writing to the consumer.
Unless otherwise indicated in the brochure or provided for in particular conditions: a) In relation to those countries in which there is an official classification of hotel establishments or any other type of accommodation, the brochure includes the tourist classification granted in the corresponding country. In those where there is no official classification, the category indicated in the brochure is merely indicative. In any case, the agency must ensure that the rating used is as close as possible and the expectations that this may reasonably generate in a Spanish consumer. b) The occupancy schedule of the rooms depends on the rules established in each country. The room can generally be occupied from 14 a.m. on the day of arrival and must be vacated by 12 a.m. on the day of departure, regardless of the time of arrival at the hotel or the time of the onward journey. (c) 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 larger beds are used instead of additional beds.
The consumer must be at the place indicated for departure with the advance notice indicated by the agency or, failing that, by the brochure. As a general rule, in the case of air transport, the minimum notice is one and a half hours before the scheduled departure time. 2. If the consumer is unable to make the trip because he or she has not arrived in good time, the regime provided for in paragraph 14 for failure to show up on departure or, where appropriate, the regime provided for in paragraph 12 for the consumer’s withdrawal shall apply. 3. Any loss or damage that occurs in relation to hand baggage or other objects that the consumer carries with him or her and keeps in his or her custody is at his or her sole risk.
As a rule, the full-board regime includes continental breakfast, lunch, dinner and accommodation. Half board, unless otherwise indicated, includes continental breakfast, dinner and accommodation. As a rule, such meals do not include drinks. 2. Special diets (vegetarian or special diets) are only guaranteed if they have been agreed by the parties under particular conditions. (c) Rights of the parties before commencing the voyage
If, at any time prior to departure, the consumer wishes to request changes to the destinations, means of transport, duration, calendar, itinerary of the contracted trip or any other point relating to the services and the agency may make such changes, the agency may require payment of the justified additional expenses caused by such modification, as well as a premium for modification of the reservation that may not exceed 3% of the trip price. 2. Before departure, the agency can only make changes that are necessary for the successful completion of the package and that are not significant. The necessary changes are considered to be significant if they prevent the achievement of the purposes of the project according to their general or special characteristics. 3. In the event that the agency is forced to make significant changes, it shall immediately inform the consumer. The latter may choose between accepting the modification of the contract in which the variations introduced and their impact on the price are specified, or terminating the contract. The consumer must communicate the decision adopted to the agency within three days of being notified of the modification. If the consumer does not communicate his decision within the indicated period, it will be understood that he opts for the termination of the contract.
The revision shall only take place to incorporate variations in the price of transport, including the cost of fuel, fees and taxes relating to certain services and the exchange rates applied to the organised trip 2. The revised price will be determined by reference to the currency of the destination country and the prices, fees and taxes applicable on the date of publication of the prospectus. In the case of circuits that include two or more countries, the exchange rate taken as a reference is that of the US dollar on the same date. 3. If the price revision involves an increase of more than 15% in the price of the trip, the agency will immediately inform the consumer, who may terminate the contract. The consumer must communicate the decision he adopts to the agency within three days of being notified of the modification. If the consumer does not communicate his decision within the indicated period, it will be understood that he opts for the termination of the contract.
In the event that the consumer, in accordance with the previous sections, terminates the contract, he or she may choose between: a) To be reimbursed within a maximum period of one month for all the amounts paid, or b) To be offered another package trip of equivalent or higher quality, provided that the agency can propose it. If the trip offered is of superior quality, the agency will not charge you any supplement. You can also accept a trip of inferior quality, but in this case the agency will deduct the difference in price. 2. In both cases, the consumer has the right to claim the compensation provided for in the event of cancellation of the trip provided for in paragraph 13 and under the same terms.
The consumer may transfer his or her reservation to a person who meets all the conditions required in the brochure and in the contract to carry out the package. 2. The transfer must be communicated by any means to the agency and will be free of charge if it receives the communication at least fifteen days before the start date of the trip. If it is desired to be carried out later and the agency can accept it, it may require the consumer to pay a transfer premium that will not exceed 3% of the price of the trip. 3. In any case, the consumer and the person to whom the reservation has been transferred are jointly and severally liable to the agency for the payment of the rest of the price, as well as for any justified additional expenses that may have been caused by the transfer.
The consumer has the right to withdraw from the contracted trip at any time before departure. However, if this withdrawal occurs within 15 days prior to the departure of the trip, you must pay a penalty depending on the time remaining before departure, which will be: a) 50% of the price of the trip if it occurs more than 180 days before departure. c) 100% of the price of the trip, if it occurs within 180 days prior to departure. 2. The consumer will be offered insurance with cancellation that covers a penalty if the withdrawal takes place due to force majeure. For these purposes, the death, accident or serious illness of the consumer or of any of the people with whom he or she lives or any similar event that prevents him or her from participating in the trip will be considered a cause of force majeure. 3. In all cases, the consumer must pay the management and cancellation costs resulting from the withdrawal. 4. The withdrawal takes effect from the moment the consumer’s desire to withdraw comes to the knowledge of the agency. 5. Once the withdrawal is known, the agency will refund the consumer the amounts paid within a maximum period of one month, deducting the management costs and, where appropriate, the justified cancellation costs and penalties. 6. If the package holiday is subject to special economic contracting conditions, such as chartering of aircraft, ships, special fares or other similar conditions, the management fees, cancellation fees and penalties shall be those explicitly indicated in the brochure for that trip or those specifically agreed in the contractual document.
The cancellation of the trip, for any reason not attributable to the consumer, entitles him to terminate the contract with the rights provided for in section 10. 2. If the cancellation of the trip is communicated within two months prior to departure, the agency must pay the consumer compensation based on the time remaining before departure, which will be at least: a) 5% of the price of the trip if it occurs more than 15 days in advance and less than 2 months in advance. b) 10% of the price of the trip, if it is made between 15 and 3 days in advance. c) 25% of the price of the trip, if it occurs within 48 hours prior to departure. 3. There is no obligation to compensate in the following cases: a) When the cancellation is due to the fact that the number of people registered is lower than that required in the brochure or in the contract for the package trip. In this case, the agency must notify the consumer in writing of the cancellation before the deadline set in the brochure or contract. Failing this, the agency must notify the cancellation at least ten days before the departure date. b) When the cancellation of the trip is due to force majeure. Force majeure is caused by circumstances beyond the agency’s control, abnormal and unforeseeable whose consequences could not have been avoided, despite having acted with due diligence.
The user who withdraws from the contracted services is entitled to a refund of the amount paid, according to the advance notice of the cancellation with respect to the start date of the trip, and must compensate the Agency for the concepts detailed below: Management fees: Minimum 60 Cancellation fees: Amounts to be deducted from the price of the trip to cover the expenses incurred by the suppliers involved and which will be indicated in each program. Variable amount, from 0 to 100% to include plane tickets, hotels, expenses of local correspondents, etc., some of which are non-refundable and are higher the closer they are to the start date of the trip. In any case, the economic consequences of cancellation under special contracting conditions will have an impact on the customer who has been informed. The client who expresses the intention to cancel his reservation must formally communicate it in writing (email) as soon as possible and the refund of the amount will only be made by bank transfer to a bank account owned by the client who has made the reservation and the subsequent cancellation. When part of the journey consists of a carriage booking with special conditions, a 100% charge may be applied to the flight ticket. In the event that a trip is contracted with a wholesaler or tour operator external to Phototravel, the applicable conditions will be those of said operator. The customer can at any time request the name and/or conditions of the TO. The general conditions of the trips will always be subject to the particular conditions of the specific trip. In the event that the place to be cancelled is a room to be shared and the occupant for that room cannot be replaced, he/she must assume the amount of the individual supplement involuntarily obligated to the partner, added to the rest of the cancellation fees, if any. In the event of a no-show at the time of departure without prior documented cancellation, late presentation, or failure to allow boarding or start of the trip for reasons beyond the control of the agency and the responsibility of the traveller (lack of essential documentation), abandonment of the trip before the end or reasons of force with which the person responsible for the trip is forced to abandon it, For behaviours that affect the safety or well-being of the rest of the travellers, it will mean the total loss of the amount of the tourist package. General scales of cancellation fees(*): More than 90 days in advance: No costs Between 89 and 60 days: 50% Between 59 and the day of departure: 100% (*) General conditions, each trip having its own particular cancellation conditions, which the client can request and which may vary with each program and tour operator when appropriate. For trips without flights, it is possible that if the cancelled seat is replaced with another traveler, the minimum expenses may be charged. For travel with air tickets, 100% of the amount of the flights is applied once the ticket has been issued and regardless of the cancellation date with respect to the start of the trip, unless it is the airline itself that determines other amounts or conditions.
In such cases, the cancellation scales will be applied to the rest of the trip and/or according to the particular conditions of each provider. No refund or refund will be made for the non-use of any type of service (air, land or sea transport, accommodation, meals, excursions or any included in a travel package) when the reason for the same is the decision and direct responsibility of the client: Delays or failure to show up at the time or place indicated for the start and/or achievement of the trip or meeting with the group. Failure to possess the necessary and mandatory documentation for the trip and/or destination (ID card, Passport, Visas, special permits, international vaccination card) Services not used voluntarily by the client, whatever the reason for non-use. Voluntary abandonment of all or part of the trip once it has begun, in land or sea programs (*) Repeated uncomfortable or annoying behaviors towards the rest of the group that cause complaints and discomfort, forcing those responsible to respond with authority over them. Situations caused by the client and beyond the control of the agency In the special case of any type of boat (sailboat, schooner, yacht, cruise ship), the traveler, at the time of booking, knows the specific and general recommendations for this type of trip. The traveler who books a trip of these characteristics is aware that it is not possible to define fixed routes or itineraries, nor to ensure encounters with animals and knows that the conditions are special and different from any other type of tourist packages, both because of the environment in which it takes place, small spaces in the middle of the sea, 100% dependent on the weather, as well as on the close and obligatory coexistence between the participants. A traveller who voluntarily does not embark or disembark before the end of the voyage due to subjective causes such as seasickness, discomfort, feeling overwhelmed, claustrophobia, disagreements with other participants, fear or fear of the weather, sea or weather conditions, lack of confidence in the crew and their decisions, contempt of the captain’s authority, allegation of non-compliance with the programme or misleading advertising for not following the route, You should know that in addition to not being entitled to any type of total or partial refund, you must bear all the expenses incurred for hotels or accommodation, transport, maintenance, etc., until and for the return to your place of origin. Travellers who are not very clear about their willingness and/or tolerance for this type of sailing trips are advised to choose another type of trip.
SPECIAL CANCELLATION CONDITIONS :
Due to the programs developed in Photography, High Mountain, Exotic Destinations or any other that is indicated in the program itself, the cancellation fees are:
Our agency will negotiate with suppliers on a case-by-case basis to try to mitigate the amounts of each annulment without guaranteeing results.
The entire itinerary is exposed to changes or variations due to weather reasons, safety or delays in public transport services. We are not responsible for the economic expenses that this may entail.
Some of our trips run partially through remote areas, with limited or non-existent tourist infrastructure. Travelling through these places requires flexibility and acceptance of the changes that this limitation may entail in terms of the services provided. It is also necessary to have a certain ability to adapt to the unexpected, both in positive terms (a local festival, a market) and in those that are not so positive (floods, closed roads, etc.). The traveller should be aware that, in some cases, rapid evacuation or adequate medical assistance may be impossible, for example. The special characteristics of this type of trip, which correspond to those of an alternative trip, are known and accepted by the traveler, who expressly accepts the situations and changes that arise from it
In extraordinary moments we refer to the official sources of competent authorities. Knowing this information, the traveller is aware of the social or political, security and health situation of the country of destination, and accepts the risk that travelling to the destination may entail. POLITICS AND SECURITY, official recommendations of the Ministry of Foreign Affairs of the Spanish Government that appear on its website http://www.mae.es HEALTH: Official recommendations on vaccines and necessary precautions of the Ministry of Health and Consumer Affairs that appear on its website http://www.msc.es
There will be a failure to show up at the exit if the consumer does not communicate his or her desire not to carry out the trip and does not show up at the time and place scheduled for departure. In this case, he loses the right to a refund of the amounts delivered and continues to be obliged to pay those that were pending payment. 2. However, if the failure to submit occurs due to force majeure, the consumer shall be entitled to a refund of the amounts paid, less the management costs and the cancellation costs. For these purposes, force majeure will be considered to be the death, accident or serious illness of the consumer or of any of the people with whom he or she lives or any similar event that prevents him or her from participating in the trip and notifying the agency of this impossibility before departure. d) Rights and duties of the parties after starting the trip.
When the consumer discovers during the trip that there is a defect or that there is a failure to provide any contracted service, he or she must notify the organiser or retailer and, where appropriate, the provider of the service in question at the same place and as soon as possible. The communication must be made in writing or in any other form in which it is recorded. Upon receipt of the communication, the retailer or organiser should work diligently to find appropriate solutions. 2. If such notification is made within the time and in the manner indicated, the document attesting to it shall exempt him from providing further evidence of the existence of the defect, unless the organiser, retailer or service provider has verified in the presence of the consumer that the defect does not exist or that it does not meet the characteristics indicated, and have so recorded. 3. If the consumer does not make such communication within the time and manner indicated, he must prove the defects that are alleged in accordance with the general criteria of proof and will be responsible for all damages that occur or are aggravated by his failure to communicate.
The agency must adopt the appropriate solutions for the continuation of the trip if, once the trip has begun, it does not provide or finds that it cannot provide a significant part of the services provided for in the contract. An important part of the services provided are those whose failure to carry out prevents the normal development of the trip and causes it to be unreasonable to expect the average consumer of that type of trip to continue it in those circumstances. 2. The agency may not ask for any supplement for the solutions adopted for the continuation of the trip and will pay the consumer any difference between the services provided and those provided. 3. If the consumer expressly or tacitly accepts the solutions proposed by the agency, he or she will not be entitled to any compensation for such modifications. You will be considered to tacitly accept such proposals if you continue the trip with the solutions given by the organizer. 4. If the solutions adopted by the organiser are unfeasible or the consumer does not accept them for reasonable reasons, the agency must: a) Provide a means of transport equivalent to that contracted on the trip to return to the place of departure or to any other that both have agreed, if the contract includes the return trip. b) To reimburse the price paid with deduction of the amount of the services provided to him until the end of the trip, except if the defect preventing the continuation of the trip is attributable to the consumer. c) To pay the compensation that may be appropriate.
The consumer has the right to withdraw from the package travel contract once the trip has begun, but they will not be able to claim a refund of the amounts paid and will continue to be obliged to pay those that are pending payment. 2. If the withdrawal is due to an accident or illness of the consumer that prevents him or her from continuing the journey, the agency is obliged to provide the necessary assistance and, where appropriate, to pay the amount of the difference between the services provided and those provided, deducting the corresponding duly justified cancellation costs. 3. In both cases, all additional costs incurred by the withdrawal, and in particular those of repatriation or transfer to the place of origin, are borne by the consumer.
The consumer must abide by the indications provided by the agency for the proper execution of the trip, as well as the regulations that are generally applicable to users of the services included in the package trip. In particular, on group trips, they will have due respect for the other participants and will behave in a way that does not harm the normal development of the trip. 2. A serious breach of these duties entitles the agency to terminate the package travel contract. In this case, if the contract includes the return trip, the agency will provide the consumer with a means of transport equivalent to that contracted on the trip to return to the place of departure or to any other that both have agreed. The agency will also be entitled to the appropriate compensation for damages attributable to the consumer’s conduct. e) Contractual liability for defective performance or non-compliance.
The organising agency and the retail agency will be liable to the consumer for the correct fulfilment of the package travel contract in accordance with the obligations that correspond to them in their respective area of management of the package holiday. 2. The organising agency and the retail agency are liable to the consumer whether they themselves perform the services included in the package or whether they are carried out by their assistants or other service providers. 3. The organising agency, as it is the one planning the package holiday, is liable for any damage caused to the consumer by the non-performance or deficient performance of the services included in the package holiday, as well as for any damage arising from the failure to comply with any other obligation that falls within its scope of management in accordance with the applicable legislation. 4. The retail agency, as the one that sells or offers for sale the package proposed by an organising agency, is liable for the damage caused to the consumer by the errors made in informing him about the package, by having omitted the information that he should have provided, by not having provided him with the necessary documentation for the correct execution of the trip and, in general, for having failed to comply with any other obligation that corresponds to its scope of management in accordance with the applicable legislation.
The liability of organisers and retailers will cease when any of the following circumstances occur:
In any case, the consumer is obliged to take appropriate and reasonable measures to try to reduce the damage that may arise from the non-performance or deficient execution of the contract or to prevent them from worsening. Any damages resulting from not having adopted such measures will be borne by the consumer.
The organising agency and the retail agency, despite being exonerated from liability, will continue to be obliged to provide the necessary assistance to the consumer who is in difficulty. 2. The duty of care provided for in the previous section shall not exist when the defects produced during the performance of the contract are attributable exclusively to intentional or negligent conduct on the part of the consumer.
When the services of the package travel contract are governed by international conventions, compensation for personal and non-personal injuries resulting from the breach or poor performance thereof shall be subject to the limitations established by them.
Where the benefits of the package are not governed by international conventions: (a) compensation for non-personal injury shall be limited in all respects to twice the price of the journey, including non-material damage not resulting from bodily injury and any reimbursements to be made. b) The compensation of the organising agency for damage resulting from loss or damage to baggage will be limited to 350 euros. 2. The limitations provided for in the two preceding paragraphs shall not apply if the agency or service providers have intentionally caused the damage or have acted recklessly knowing that it would likely occur.
The agency has the duty to provide information on the health formalities necessary for travel and stay, as well as on the conditions applicable to citizens of the European Union in terms of passports and visas, and will be responsible for the correctness of the information it provides. 2. The consumer must obtain the necessary documentation to make the trip, including the passport and visas and that relating to health formalities. Any damage that may arise from the lack of such documentation will be borne by you, and in particular, the expenses incurred by the interruption of the trip and your eventual repatriation. 3. If the agency accepts the consumer’s request to process the necessary visas for any of the destinations provided for in the itinerary, it may demand the payment of the cost of the visa as well as the management fees for the procedures to be carried out before the corresponding diplomatic or consular representation. In this case, the agency will be liable for the damages attributable to it in accordance with the diligence normally required for delays in obtaining the necessary documentation or for lack or insufficiency of the same.
When the Air Company cancels a flight or incurs a long delay, it will be responsible for providing due assistance and attention to the passengers affected, and must assume the costs of meals, calls, transport and overnight stay if applicable, by virtue of the provisions of Regulation EEC 261/2004, which establishes common rules on compensation and assistance of air passengers in cases of denied boarding and cancellation, or long delay of flights. In the event of a flight cancellation, the passenger will also be obliged to pay the compensation due to the passenger, as well as to refund the price of the airline ticket if the passenger opts for this option. If the cancellation is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken, the operating carrier will not be obliged to pay the compensation, but will be obliged to provide the compensation for the flight. due assistance and attention to the affected passengers and to refund the price of the ticket if they opt for this option.
The rules of contractual liability for package travel do not apply to services such as excursions, attendance at sporting or cultural events, visits to exhibitions or museums, or other similar services, which are not included in the overall price of the package trip and which the consumer contracts on an optional basis on the occasion of the package or during its course. In these cases, the agency must indicate to the consumer that the service is optional and that it is not part of the package. 2. If the agency intervenes in the contracting of these services, it will respond in accordance with the specific rules of the contract it makes. f) Claims and actions arising from the contract.
Without prejudice to the legal actions that assist him, the consumer may make written claims for the non-execution or deficient execution of the contract before the retail agency within a maximum period of 30 days, counting from the day on which the trip was to end. 2. Within a maximum period of another 30 days, the organising agency or the retail agency, depending on the obligations that correspond to them in their respective area of management of the package, must respond in writing to the complaints made within the deadline. 3. At this stage, the consumer and the agency may seek the mediation of the competent administration or the bodies set up for this purpose in order to find a solution to the dispute that is satisfactory to both parties. 4. If the dispute cannot be resolved by means of a complaint to the agency, the consumer may submit it to consumer arbitration if the complained agency has previously adhered to the consumer arbitration system, or, in any case, claim in court.
If the agency complained of has previously adhered to the consumer arbitration system, the consumer may address their claims to the Consumer Arbitration Board at the regional level that is competent in the place where the contract is entered into or to the one to which they have joined, within a maximum period of 3 months, counting from the day on which the trip was to end. 2. Claims involving intoxication, injury, death or there are reasonable indications of a crime may not be subject to consumer arbitration. 3. Unless otherwise established in the public offer to submit to the consumer arbitration system, the arbitration shall be of law and the arbitration procedure shall be governed by the provisions of Royal Decree 636/1993, of 3 May. It will be limited to claims of an amount of less than 1000 euros per person and a total maximum of 5,000 euros per claim. 4. The award issued by the arbitral tribunal appointed by the Consumer Arbitration Board shall resolve the claim submitted definitively and shall be binding on both parties.
THE CONFIRMATION OF A CLIENT’S BOOKING ON ANY PHOTOTRAVEL TRIP OR ACTIVITY IMPLIES THE ACKNOWLEDGEMENT AND ACCEPTANCE OF THE AFOREMENTIONED CONDITIONS
There are two ways to make any claim:
HOW TO COMPLAIN TO THE ADMINISTRATION: click here CLAIM FORM: click here
The forms can be found in the Forms/Others section. Follow the instructions issued by the Regional Tourism Office. For any queries, complaints or doubts, please contact us at the following email address: info@phototravel.es
©️ PhotoTravel is an agency specializing in photographic trips with CICMA License 4236, belonging to the company PhotoTravel World S.L.U, Calle Mayorga 7, Local 3.2 C.P: 28043 Madrid, Spain. It contracts services, accommodation and travel packages in accordance with current European and Spanish legislation.
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