TERMS & CONDITIONS
of the travel contract
These General Terms are included in the informative document entitled program/catalogue.
The program/offer is the description of the combined trip which, along with the program / catalogue, constitute the object of the contract. The information on the program/offer contained in the program/catalogue is binding for the organizer or retailer unless any of the following circumstances arises: a) Changes to the information have been clearly clarified in writing
and conveyed to the consumer prior to signing the contract and that such a possibility has been expressively mentioned in the program/offer. b) There are modifications at a later date, subject to written agreement between the contractual parties.
The organization of the combined trips has been carried out by Windfishpro Travel, S.L. wholesale and retail travel agent VAT Reg. No. B-86653086, registered at Calle Flor de la Mancha 27, 28813 Pozuelo del Rey, Madrid and license CICMA-2829.
2.1. The price of the combined trip includes
1. Transport for the outward and homeward bound journeys when this service is included in the program/offer hired outlining the type of transport, characteristics and category as featured in the contract or in the documentation submitted to the consumer upon signing it.
2. The accommodation, when this service is included in the program/offer hired, in the establishment and with the board type featured in the contract or in the documentation submitted to the consumer.
3. Technical support during the trip when this service is specifically included in the program/offer hired.
4. All other services and complements specified specifically in the program/offer hired or which is expressly stated in the contract or in the documentation submitted to the consumer.
5. In the tours, according to the board type of specified in the tour, whilst half-board is considered as being breakfast (continental), lunch or dinner and accommodation. It is understood that the meals shall always be served to the entire group as a whole and at the time previously arranged as a set menu. Rooms with private bathroom or shower in the hotels indicated or similar.
2.2. Price review
The price of the combined trip has been calculated based on exchange rates, transport prices, fuel prices and applicable taxes and levies when the catalogue was published.
Any variation in the price of the aforementioned elements could entail a final trip price review, both with an increase or decrease, strictly applicable to the amounts of the price variations referred to.
The consumer shall be informed of these modifications using any means which enable obtaining proof of the notification made. Under no circumstances will a price increase be made in the twenty days prior to the date of the departure, regarding the already made requests.
2.3. Special offers
When a combined trip has been reserved in response to special offers, last minute offers or similar, for a different price to the one featured in the program/catalogue, the services included in the price are only those specified in detail in the offer, even when this offer refers to one of the programs described in this catalogue provided that said reference is made exclusively for the purposes of general information on the destination.
2.4.1. The package price does not include; visas, airport and port charges and/or entry and departure taxes to and from the country, tourist fees for accommodation, excess luggage, vaccination certificates, “extras” such as coffee, wine, spirits, mineral water, special meal arrangements -not even in the cases of full or half board unless expressly agreed to- washing and ironing of clothes, optional hotel services and, in general, any other service which is not expressly featured in the section “The price of the combined trip includes” or is not specifically described in the program/offer in the contract or in the documentation submitted to the consumer.
2.4.2. The excursions or tours not reserved at point of origin do not form part of the combined trip contract. Their publication in the catalogue is merely of an informative nature. These excursions shall be offered to the consumer independently with their specific conditions and final price, whilst fulfillment of these is not guaranteed until hired.
2.4.3. Administration and service fee the cruise price does not include the Administration and service fee. This charge will be paid by passengers directly on board together with the other on board expenses. The administration and service fee is for the crew that on a daily basis takes care of all passengers during their stay on board.
3. PAYMENT TERMS. REGISTRATIONS AND REIMBURSEMENTS
During the registration process, the Agency could request a deposit which under no circumstances shall exceed 40% of the total price of the trip, issuing the corresponding receipt in which it is specified, in addition to the deposit by the consumer, the combined trip requested.
The remaining amount must be paid before the handover of the trip vouchers or documentation which must be done at least 30 days prior to the departure date.
Acceptance of reservations by the organizers shall be subject to the availability of spaces and completed with the subsequent signing of the contract when the organizer issues confirmation. Insurance premiums and the administration costs for modifications, of reservation transfers, where applicable, cannot be reimbursed.
In the case of special offers, payment must be made in accordance with the stipulations of said offer.
Non-payment of the aforementioned amounts according to the agreed dates shall constitute a determining breach of the contract agreement and shall entail the application of the penalties featured in the following section.
All reimbursements applicable to any concept whatsoever shall be noted in the same way as when paying for the package with no reimbursements for any of the services not used voluntarily by the user.
4. USER REFUSAL, TRANSFERS AND CANCELLATION OF THE TRIP DUE TO INSUFFICIENT REGISTERED TRAVELERS ACCORDING TO THE STIPULATED MINIMUM.
The consumer and user can, at any time, leave without effect the services requested or hired being entitled to a reimbursement for the quantities paid, however he/she must compensate the organizer according to the amounts indicated below:
For this purpose, and given that the trips contained in this catalogue are subject to special contract conditions, the administration and cancellation costs shall be as follows:
For cancellations made:
More than 30 days prior to departure: 80% of the reservation total reimbursed
Between 30 and 16 days prior to departure: 70% of the reservation total reimbursed
Between 15 and 8 days prior to departure: 50% of the reservation total reimbursed
Between 7 and 0 days prior to departure: 0% of the reservation total reimbursed
No-show: 0% of the reservation total reimbursed
Moreover the kitesurfing and windsurfing lessons and rentals are not reimbursable and you can’t transfer the reservation to an other person.
If the passenger fails to appear 100% of the total amount of the reservation, it shall be applied by way of cancellation fees.
The user of the package may transfer his/her reservation to a third person. Such a transfer must be made in writing 15 days prior to the trip start date unless the parties were to agree to a shorter period.
The assignee shall have to meet the same requirements as the assignor, those required in general for the combined trip and both shall jointly respond to the organizer for the payment of the trip price and additional expenses resulting from the transfer.
In the cases where the organizer determines, and where expressly stated as such, the feasibility of the combined trip offer which requires a minimum of participants and, as a result of this number not being reached, the trip is cancelled, the user shall have the right exclusively to the reimbursement of the total price or the deposits made without being able to make any compensation claim provided that he/she has been notified in writing with a minimum of ten days’ notice prior to the intended trip start date.
The organizer undertakes to provide its customers with all the services hired as contained in the program/catalogue, which are the source of the combined trip contract, with the conditions and characteristics stipulated, all of which is in accordance with the following assumptions:
a) On the assumption that prior to the trip departure the organizer feels duty bound to significantly modify any essential element in the contract, he/she must immediately inform the consumer.
b) In this event, and unless otherwise agreed by the parties, the consumer could opt to cancel the contract without any penalty being applied, or accept a modification to the contract in which the variations are specified and their effect on the price. The consumer must notify the organizer of his/her decision within the three days following notification of the modification as referred to in section a). In the event that the consumer does not notify his/her decision according to the indicated deadlines it shall be assumed that he/she is opting for the cancellation of the contract without any penalty being applicable. c) In the event that the consumer opts for canceling the contract, under the auspices of the stipulations in section b), or that the organizer cancels the combined trip prior to the agreed departure date for any reason which cannot be attributed to the consumer, the latter shall be entitled, from the moment in which the contract is cancelled, to be reimbursed with all the amounts paid, in accordance with the same, or to undertake another combined trip equivalent in nature or higher, provided that the organizer can suggest such a proposal. In the event that the trip offered were to be of an inferior quality, the organizer must reimburse the consumer, where applicable, according to the quantities already paid, with the price difference according to the contract. In any case, the consumer could demand the reimbursement of the quantities paid to the agency as paid by him/her which must be reimbursed to him/her as soon as possible, and in any case, within a maximum period of 30 days as from the withdrawal. d) According to the above assumptions, the organizer and the retailer shall be responsible for paying the consumer the compensation which, where appropriate, corresponds to breach of contract which shall be 5 percent of the total trip price hired. If the aforementioned breach occurs between two months and fifteen days prior to the planned date of the trip; 10 percent, if occurring between fifteen days and three days beforehand, and 25 percent in the event that the breach occurs forty eight hours beforehand.
e) There shall be no obligation to pay compensation in the following circumstances:
1. When the cancellation is due to the amount of passengers registered for the combined trip being less than the minimum required and, as such, the consumer is informed in writing prior to the deadline stipulated for this purpose in the contract which, as a minimum, shall be 10 days prior to the planned trip start date.
2. When the cancellation of the trip, unless in the event of excess reservations, is the result of force majeure i.e. circumstances beyond the control of he/she who alleges them, abnormal and unforeseeable, the con- sequences of which could not have been avoided in spite of having acted with due diligence.
f) In the event that, after the trip departure, the organizer does not provide or ascertains that he/she cannot provide a large part of the service included in the contract he shall adopt suitable solutions for continuing the organized trip, without any surcharge in the price for the consumer and, where applicable, shall pay the latter the difference between the services planned and those provided. If the consumer continues the trip with the solutions given by the organizer it shall be considered that he/she tacitly accepts such proposals. g) If the solutions adopted by the organizer were not viable, or the consumer were not to accept them on reasonable grounds, the former must provide the latter, with no surcharge whatsoever, with a means of transport equivalent to the one used in the trip in order to return to the departure location or any other that both have agreed to without prejudice to the compensation which could be applicable.
h) In the event of a claim, the retailer or, where applicable, the organizer must proceed with due diligence to find suitable solutions.
i) Under no circumstances shall anything not included in the combined trip contract (e.g. transport tickets from the passenger’s place of origin to the place of departure for the trip or vice versa, hotel reservations on days prior to or following the trip, etc.) be the organizer’s responsibility, whilst there is no obligation to compensate for these possible expenses for independent services should the trip be cancelled for the reasons stipulated in section e).
3. In the case of tours if, by express wish of the customers, a modification were to be made to the tour, the passengers would have to be pay for the total expenses incurred by the requested modification, as well as the costs for services requested in order to undertake the new route chosen, whilst remaining undisputed that the decision with regard to such variations shall be taken by the guide or the vehicle driver in the event of not having a guide. The Company accepts no liability for delays, dates brought forward or cancellations which are caused by the Airlines or the transport companies whilst the expenses incurred must be borne by the customers. Coaches used for trips may vary with regard to their features depending on the number of participants. The design, structure, comfort and safety of the transport vehicle shall be adapted to the norms and standards in force in the destination country for the trip. The tours are subject to a specific number of participants. If the tours were not to have the minimum number of passengers required, whilst the passenger is notified with a minimum of ten days prior to the planned trip start date, or for any other justified reason the organizer were to be forced to cancel any of the trips, the customers registered shall not be entitled to anything other than the total reimbursement of the amount paid whilst expressly waiving any other claim.
In the event that any of the participants of any group, due to their conduct and, in the guide’s view, were to behave unsuitably and in a way which obviously annoys the rest of the participants in the group the guide is entitled to request that they leave the excursion. Customers who refuse to use any service included in the pro- gramme shall not be entitled to request a reimbursement for the services which he/she did not voluntarily use.
6. OBLIGATION BY THE CONSUMER TO NOTIFY ANY BREACH IN THE EXECUTION OF THE CONTRACT
The consumer undertakes to notify any breach in the execution of the contract – preferably “in situ” or, otherwise, as soon as possible- in writing or in any other way to ensure that the organizer or retailer, and where applicable, the provider of the service in question, is informed. In the event that the solutions adopted by the Agency – organizer or retailer- were not to be satisfactory or the consumer, he/she shall have independently of the content of the following section, one month to make a claim to the retailer Agency of the organizer, always via the agency.
7. PRESCRIPTION OF ACTIONS
Regardless of the provisions of the previous section, the period for the prescription of the action of submitting claims shall be two years to be counted as from: I) when the service in question is enforceable; II) when the service is provided; or III) the date on which the consumer proves having requested that the organizer or retailer comply with any of the obligations agreed to.
The organizer Travel Agency and the retailer shall respond with regard to the consumer, in accordance with the obligations corresponding to it within its respective remit in the management of the trip, for the correct fulfillment of the obligations contained in the contract, regardless of whether these are to be undertaken by them themselves or by other service providers and without prejudice to the right of the organizers and retailers to act against these service providers. The organizer declares that he/she assumes the functions with regard to the organization and execution of the trip.
The combined trip organizers and retailers shall respond to the damages suffered by the consumer as the result of the contract not being executed or not being executed in full.
Such liability shall cease when any of the following circumstances occurs:
1. The flaws detected in the execution of the contract can be attributed to the consumer.
2. The flaws can be attributed to a third party outside the provision of the services featured in the contract and are of an unforeseeable or insurmountable nature.
3. The flaws referred to are the result of force majeure. This is understood to refer to circumstances beyond the control of he/she who alleges them, abnormal and unforeseeable, the consequences of which could not have been avoided in spite of having acted with due diligence.
4. The flaws are due to an event which the retailer or, where applicable, the organizer in spite of having acted with all the due diligence required, could not foresee or overcome.
Nevertheless, on the assumption of accepting no liability in the event of the circumstances referred to in points 2, 3 and 4 having occurred, the organizer and the retailer, as parties in the trip contract, shall be forced to provide the necessary assistance for the consumer who finds him/herself in difficulty. 8.2 Limits to the compensation for damages
With regard to the compensation limit for damages resulting from the breach or poor execution of the services included in the combined trip, the provisions stipulated in the standard in force for said subject matter shall be applicable. With regard to non-physical damages these must always be proved by the consumer. Under no circumstances does the agency accept liability for the expenses for accommodation, food, transport and other costs incurred due to force majeure. When the trip is made in hired coaches, vans, limousines or similar by the agency directly or indirectly, in the event of an accident, regardless of the country where it occurs, the consumer shall have to submit the relevant claim against the transport entity in order to safeguard, where applicable, the insurance compensation of said entity whilst receiving free assistance and advice on formalities by the agency.
9. DELIMITATION IN THE COMBINED TRIP SERVICES
Information on itineraries, arrival and departure times, operation dates, name of the boat, etc. is subject to possible modifications and any alteration or change shall be conveyed to the interested party whilst this cannot be considered as false advertising. According to international maritime law, when circumstances or causes or force majeure require or recommend it, shipping companies can alter the order of the cruise stopovers, cancel any, modify the time spent in the relevant port, change the boat for another of a similar category, etc. Provided that these changes occur prior to the trip start date, the passenger shall be informed, and be entitled to full reimbursement of the amounts paid, except for administration costs with no right to any compensation whatsoever. Excursions and tours on land are optional and their cost has not been included in the price of the trip. Their organization depends on local providers beyond the control of the organizer and the shipping companies. As such, they accept no liability whatsoever for the cancellation, modification or possible deficiencies which could arise, as well as for material or personal damages which either accidentally or unforeseeably could cause any accident or incident during their execution. Given the different means of transport used, we recommend, before hiring them, consulting the insurance cover included in each case with local companies, who are the only ones liable for the organization and provision of these services.
The boats have a limited number of cabins equipped for disabled passengers and not all areas or facilities on the boats can be accessed by the disabled nor are they specifically equipped for such passengers. As such, the reservations for disabled passengers are accepted within the limits of said availability and, if requi- red, they are subject to the presence of a companion who can assist the disabled person. The organizer does not accept the obligation to offer alternative programs on-board or on land for disabled passen- gers, nor does it accept any liability with regard to the difficulty or the impossibility for them in making use of the services and activities of the combined trip.
9.1.3. Passenger obligations.
The passenger is obliged to notify the organizer, when making the reservation, of any illnesses or physical or mental disabilities which could require special assistance or care. No reservation is accepted for users whose physical or mental condition makes their participation in the cruise impossible or dangerous for them, or for others, or which require types of care or assistance which cannot be guaranteed on board the boat.
Given that the boat is not equipped for assisting in pregnancies and births no reservations are accepted from passengers who, on the trip finalisation date, are in their 24th week of pregnancy, or who are at a more advanced stage of their pregnancy. When boarding, pregnant passengers must provide a medically approved certificate confirming the good state of their health and that of the baby, whilst the foreseen birth date is stated as is the medical aptitude of the passenger to participate in the trip. The organizer and the boat accept no liability which could be derived during the trip or after as the consequence of complications during pregnancy or other related events which means that pregnant passengers shall board, providing the aforementioned criteria have been met, under their entire responsibility.
The passenger must behave in a manner which does not put the safety, peace and enjoyment of the cruise by other passengers at risk; the passenger shall adopt the caution and diligence standards reasonably requi- red and shall comply with the administrative and legal provisions in relation to the trip.
The passenger is prohibited from taking goods, alcoholic beverages, live animals, explosives, flammable, toxic or hazardous substances on board the boat without written consent from the organizer.
The passenger shall be held responsible for damages suffered by the organizer as the result of a breach of his/ her obligations as described in these conditions, and in particular, shall respond to any damages incurred by other passengers and third parties as well as any fines and costs which, due to them, the organizer is obliged to pay to port, customs or health authorities or any others in any country in which the cruise makes a stopover.
9.1.4. Powers of the Captain.
In accordance with legal provisions and International Treaties, the Captain is fully authorized to assist and tow other boats; divert from the planned route; make stopovers in any port; transfer passengers and luggage to another boat; refuse boarding to anyone who, in his opinion, does not satisfy the required health conditions for undertaking the cruise; disembark anyone during the cruise who, in his opinion, is in a condition of health which does not allow them to continue the cruise or, in general, anyone who could represent a hazard for the safety of the boat or that of the other passengers, as well as those who perform commercial activities or any other type of activity which imply an infringement of the company’s policies with regard to the behavior of passengers on board. All passengers shall be subject to the Captain’s authority and especially with regard to anything relating to the safety of the boat or navigation.
9.1.5. Doctor on board.
If resorting to the services of the doctor on board this is on a voluntary basis and the cost of the consultations shall be borne by the passenger. The decisions taken by the doctor on board with regard to the passenger’s aptitude for boarding or continuing the cruise are binding and irrefutable.
The quality and content of the services provided by the hotel shall be determined by the official tourist cate- gory, if there were one, assigned by the competent body in the country in question. The hotel categories in
countries where there is no official body regulating them have been assigned based on the internal criterion of the relevant hotel chains or by Windfishpro based on its services or facilities.
The check-in time in the hotels is planned as from 2.00 pm and check-out at 11.00 am. The accommodation service shall imply that the room is available on the corresponding night whilst it is understood that it is available regardless of whether, due to circumstances affecting the trip, the check-in time takes place later than planned. In the event of wishing to extend the stay after the check-out time, customers shall inform reception and, according to availability, pay the hotel directly for the amount of the additional stay. The passenger must consult the Agency when making the reservation as to the possibility of taking animals since they are generally not allowed in hotels. In the event of having confirmation of animals being allowed, and the intention is to travel with them, such circumstances much be featured in the contract.
Triple and quadruple rooms: the legislation in force in this regard states that there are only single and double rooms, whilst it is permitted that in some of the latter a third bed could be added. It shall always be assumed that the use of a third bed is done with the knowledge and consent of the room occupants. In hotels in the Caribbean triple rooms may be comprised of two double beds or two beds and a sofa bed. This tacit assumption is derived from the fact of having been notified beforehand, as well as the room being descri- bed as triple in all the reservation documentation given to the passenger when paying the deposit, in the contract and the tickets and/or travel documentation submitted at the same time as signing it. Likewise, in the case of double rooms for use by up to four people, with two beds, when so specified in the offer in the program/brochure.
The hotels mentioned as planned in each tour are subject to change. In the event that the number of registered travelers exceeds the spaces reserved for the departure, the organizer must increase the reservations, customers traveling in the second and consecutive coaches, would be accommodated in the indicated or similar hotels. In some cities, in the event of coinciding with extraordinary events (fairs, exhibitions, etc.), customers shall be able to find accommodation in the surrounding areas.
With regard to flights, the passenger must reach the airport two hours prior to the official departure time and, in any case, shall strictly observe the specific recommendations indicated in the travel documentation provided when signing the contract. In the event of not being able to travel as the result of not arriving sufficiently in advance, the provisions of section 4 “Withdrawal by the user” shall be applicable.
When customers request supplementary services (e.g. rooms with views, etc.), in the event that the provider of the services could not, for any reason, provide such services the passenger could opt to definitively can- cel the supplementary service required or keep their request on standby whilst waiting to see if the services can ultimately be provided. On the assumption that the parties agreed to the advance payment of the price of the supplementary services, which ultimately could not be provided, the amount paid shall be reimbur- sed by the retailer agency immediately upon withdrawal of the service by the consumer or when returning from the trip depending on whether the passenger opted to withdraw the provision of the supplementary service or kept their request on standby without it ultimately having been provided. The above does not entitle the customer to make any other claim whatsoever.
9.5. Special economic conditions for children
Given the diversity in the treatment applicable to children, depending on their age, the provider of services and the date of the trip, it is advisable to always consult the scope of the special conditions in place and that at all times they shall be the subject of specific and detailed information and this shall be featured in the contract or in the documentation for the trip upon signing thereof. In general, with regard to accommodation, they shall be applicable provided that the child shares a room with two adults.
10. INFORMATION TO BE PROVIDED BY THE AGENCY FOR THE CONSUMER
When confirming the reservation, the consumer is informed that he/she shall be given advice from the Retailer Agency as to taking out an insurance policy which covers the costs of cancellation and/or an insurance policy for assistance which covers the costs of repatriation in the event of accidents, illness or death; and information on the probable implicit risks regarding the destination and the trip hired.
Destinations in the Caribbean, at specific times of the year, could experience hurricanes. For this purpose it is, nevertheless, recommended that the consumer contacts the relevant authority and bodies.
11. PASSPORTS, VISAS AND DOCUMENTATION
All passengers, without exception (including children), must carry their valid relevant personal and family documentation whether passport or Spanish ID card (D.N.I.), according to the laws of the country or countries they visit. It shall be their responsibility when trips require obtaining visas, passports, vaccination certificates, etc. In the event that a visa application is refused by any Authority, for specific reasons relating to the user, or their entry to a country is refused as the result of not meeting the requirements in force or due to not having the required documentation or not carrying such documentation on their person, the organizer accepts no liability whatsoever for occurrences of this nature. The consumer must bear any costs incurred whilst in those circumstances, the conditions and rules established for the voluntary withdrawal of services shall be applicable. All users, and in particular those who are not Spanish nationals, are also reminded that they must ensure prior to starting the trip that they satisfy all the rules and requirements applicable with regard to visas in order to enter all the countries to be visited without any problems.
Children under 18 who travel without their parents, or with someone other than their parents, must also provide a written authorization from their parents or legal guardians, enclosing a copy of their credentials, as a precaution against this being requested by any authority whilst indicating at the same time the information required to locate the parents in the event of an emergency.
12. FURTHER INFORMATION
For all purposes, and with regard to land transport, it shall be understood that luggage and other personal belongings shall be kept beside the user regardless of the part of the vehicle where they are located, and that they are transported at the user’s own risk. It is recommended that the users are present whenever their luggage is being loaded and unloaded. With regard to air, rail, sea or river transport of luggage the condi- tions of the transport companies are applicable, whilst the travel ticket is the binding document between the aforementioned companies and the passenger.
In the event of suffering any damage or loss the consumer must immediately submit the relevant com- plaint to the Transport Company. The Organising Agency undertakes to provide the relevant assistance for customers who could be affected by such circumstances.
Optionally within the combined trip, the customer has the cover of a policy by the Agency with an Insuran- ce Company which obliges the company to compensate the insurance policy holder once only, and up to the sum indicated in the policy in view of the destination of the trip, for aggravated robbery or the use of force on their things, the luggage in their possession, as well as loss and theft proved by a report made to the relevant authorities, or the damages incurred as the result of an accident or any kind or fire which has occurred on the means of transport. In the event of robbery, loss, theft or damages suffered by the luggage in the aforementioned circumstances, the customer undertakes to notify this, within a maximum of 15 days, to the Insurance Company’s head office whilst enclosing the document proving the report to the relevant authority or of the claim, where applicable, and the value of the stolen or damaged objects. The aforementioned period shall start as from the day on which the customer completes the trip. The insurance policy cover expressly excludes jewellery or works of art, money or the symbol which represents it, equipment for images, sound, IT, radio or any other type of documents, films and in general any objects which do not constitute the luggage of the insurance policy holder. In trips by coach a maximum of 30 kilos per person shall be transported distributed in one standard-sized suitcase. Excess luggage shall be accepted provided that the vehicle loading capacity allows it and in exchange for a specific payment, whilst it could be refused based on the guide’s criterion. It is undisputed that the decision shall, as a last resort, be taken by the guide, or the vehicle driver in the event that there is no guide.
The validity of the brochure is from the 1st of October 2013 to the 31st of October 2015. Date of publication: October 2013.