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GENERAL CONDITIONS



In combined travel, unless the offer states that the trip has been organized by another travel agency, the organization of the combined trips published in this website has been made by YACHA TRAVEL ASOCIADOS, S.L. , With CIF B02314623, and registered office in Almansa, olígono Industrial El Mugrón, Calle Labradores, 15, CP 02640. It is registered in the Mercantile Registry of Albacete, Volume 717, page 41, Section 8, Sheet AB-10770 I 1, and Has the corresponding administrative authorization to operate as a travel agency whose main activity is Wholesale-Retail agency. The contract of combined travel is governed by the agreement between the parties and by what is established in these general conditions, by the provisions in the regional regulations in force in the place of conclusion of the contract and, in the absence of these, by the provisions of article 10 of Law 34/2002, of July 11, which approves the consolidated text of Services of the Information Society and Electronic Commerce.

In case of sale of loose tourist services, these will be governed by what establishes its special regulations (if any), as well as the general and special conditions of sale of each provider.

The User declares that he / she is of legal age (ie at least 18 years of age) and has the legal capacity necessary to be bound by this agreement and to use this website in accordance with the General Conditions set forth herein. Understood in its entirety. The User accepts to be responsible for the economic consequences derived from any use of this Web site that is produced by its action of reservations of any type of service offered here.

The User also declares that all the information supplied by him in the course of the use of the same is true, complete and accurate and undertakes to provide the data requested as essential to ensure the contracting of interested tourist products.

In the offers that allow the online payment of any service, will be charged 100% of the amount of the reservation at the time of formalization. The purchase through this website will be made by credit card, and bank transfer and at the moment we will send an email to your email account reconfirming your purchase.


1. Persons with reduced mobility

Persons with reduced mobility, before requesting the reservation, must inform the retailer of such situation, in order to assess the possibility and feasibility of hiring the trip according to the characteristics of the same.

In accordance with EC Regulation 1107/2006, a person with reduced mobility means any person whose mobility to participate in the trip is reduced due to physical disability (sensory or locomotive, permanent or temporary), disability or Intellectual disability, or any other cause of disability, or by age, and whose situation requires adequate attention and adaptation to their particular needs of the service made available to other participants in the trip.


2. Request for reservation and payment of the price


1. If the purchase of your trip is made directly through this website, you must make the payment of 100% of its amount through the payment gateway enabled for that purpose. At the moment of making the payment we will send an email to your email confirming your purchase and in the next few days you will receive the necessary documentation for your trip

2. In case you want to book or make a purchase with us in a different way than the previous one, the following will apply:

A) The consumer who wishes to contract a combined trip makes a "reservation request". After this request, the agency undertakes to make the necessary arrangements to obtain confirmation of the reservation according to the number of available places and the period for which it has been requested.

B) In the travel offer will be informed about the amount or percentage of the price to be paid by the customer in advance of the total price in case the trip is confirmed and the timetable for payment of the price part does not Covered by the disbursed advance. The agency may terminate the contract and apply the rules established for the withdrawal before departure if the consumer does not make any of the payments expected within the corresponding term.


3. The prices of combined travel expressed on the website include value added tax, and have been calculated on the basis of the exchange rates, transport costs, fuel costs, taxes and charges applicable on the date of Publication of the trip on the web.


The price of the Combined Trip includes:


1. The round-trip transport, when this service is included in the program / offer contracted, according to the type of transport, characteristics and category that appears in the web and in the documentation that the consumer receives.

2. The accommodation, when this service is included in the program / offer contracted, in the establishment and diet that appears on the web and in the documentation received by the consumer.

3. The rates or taxes of hotel establishments, and indirect taxes (I.V.A., I.G.I.C.) where these are applicable.

4. Technical assistance during the trip, when this service is specifically included in the program / offer contracted.

5 Travel insurance and / or coverage of cancellation expenses, when expressly included in the travel offer. If such insurance is not included in the combined trip, the client is recommended to hire.

6. All other services and supplements specified specifically in the program / offer contracted and / or expressly stated in the contract of the combined trip.

7. Exclusions: The price of the Combined Trip does not include: Visas, airport taxes, and / or entrance and exit taxes, vaccination certificates, "extras" such as coffees, wines, spirits, mineral waters, special dietary regimes Even in cases of full board or half board, unless expressly agreed in the contract in another sense - washing and ironing of clothes, optional hotel services, excursions or optional visits, tips, and, in general, any other service That is not expressly stated in the section "The price of the combined trip includes" or does not appear specifically detailed in the program / offer, or in the documentation that receives the consumer ..


B) RULES APPLICABLE TO THE BENEFIT OF THE COMBINED JOURNEY.


3. Benefits


1. The services included in the combined travel contract are the result of the information provided to the consumer in the brochure, program or offer published on the website, as well as the information relating to this information that was made when confirming the reservation.

2. However, the organizing agency reserves the possibility to modify the information contained in the brochure or offer published before the contract is perfected. For its validity, changes in such information must have been clearly communicated in writing to the consumer.


4. Accommodation


Unless otherwise indicated in the brochure, program or offer published or provided in particular conditions:

A) In relation to those countries in which there is official classification of hotel establishments or any other type of accommodation, the brochure collects the tourist classification that is granted in the corresponding country.

B) The hours of occupancy of the rooms depends on the standards established in each country and accommodation.

C) Triple or quadruple rooms or cabins are generally double rooms with one or two beds added, which are usually a sofa bed or a folding bed, except in certain establishments where two additional beds are used instead of extra beds .


5. Transportation


1. The consumer must appear in the place indicated for the departure with the advance indicated by the agency or, failing that, by the published brochure or offer. As a general rule in the case of air transport the minimum notice is two hours on the scheduled departure time.

2. If the consumer is unable to make the trip because he has not presented himself with the required advance, the regime provided for in paragraph 15 shall apply for the absence of presentation at the departure or, where applicable, that provided for in paragraph 13 for the Withdrawal of the consumer.

3. The loss or damage that occurs in relation to hand luggage or other objects that the consumer carries with him and keeps in his custody are at his sole risk.


6. Other services

1. As a general rule, full board includes continental breakfast, lunch, dinner and accommodation. Half board, unless otherwise noted, includes continental breakfast, dinner and accommodation. As a rule, these meals do not include beverages.

2. Special diets (vegetarian or special regimes) are only guaranteed if they have been agreed by the parties under particular conditions.

3. It will be understood that the presence of pets is accepted in the trip if expressly so indicated in the advertising or prior information thereof. Otherwise, if the consumer wishes to travel with his pet, he must inform the agency before making the reservation request so that he can inform him if this is possible.


C) RIGHTS OF THE PARTIES BEFORE STARTING THE TRIP.


7. Modification of the contract

1. If, at any time prior to departure, the consumer wishes to request changes regarding the destinations, means of transport, duration, calendar, itinerary of the journey contracted or to any other end related to the services and the agency may To do so, it may require the payment of the justified additional expenses that would have caused said modification as well as management expenses for modification of the reservation.

2. Before departure, the agency can only make changes that are necessary for the good purpose of the combined trip and are not significant. It is considered that the necessary changes are significant if they prevent the accomplishment of the aims of this one according to its general or special characteristics.

3. In the event that the agency is forced to make significant changes it will immediately inform the consumer. The latter may choose to accept the modification of the contract in which the variations introduced and their impact on the price are specified, or to terminate the contract. The consumer must communicate the decision that he adopts to the agency within three days of being notified of the change. If the consumer does not communicate his decision within the indicated period, it will be understood that he chooses to terminate the contract.


8. Price Review


1.The indicated price can only be revised, up or down, up to 20 calendar days before the date of departure in case there are variations in the cost of transport (including the price of fuel), fees Or taxes relating to certain services (such as landing, embarking or disembarking at ports and airports and the like) and the exchange rates applied to travel.

2. The revised price shall be determined by reference to the counter value of the currency of the country of destination and the prices, rates and taxes applicable at the date of publication of the prospectus.

In case of circuits that include two or more countries, the exchange rate taken as reference is the US dollar on the same date.

3. If the price review represents an increase of more than 15% of the price of the trip, the agency will immediately inform the consumer, who may terminate the contract.

The consumer must communicate the decision that he adopts to the agency within three days of being notified of the change. If the consumer does not communicate his decision within the indicated period, it will be understood that he chooses to terminate the contract.


9. Consumer rights in case of resolution


1. In the cases in which the consumer, in accordance with the previous sections, resolves the contract may choose between:

A) That they reimburse to him before 14 days have passed all the amounts paid, or

B) That, whenever the agency can propose, they offer another combined trip of equivalent or superior quality. If the trip offered is of superior quality, the agency will not require 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 14 and on the same terms.


10.Cancellation of reservation


1. The consumer may assign his reservation to a person who fulfills all the conditions required in the brochure and in the contract to make the combined trip.

2. The transfer must be communicated by any means to the agency and will be free if it receives the communication with a minimum notice of fifteen days to the date of commencement of the trip. If it is desired to carry out later and the agency can accept it, it may require the consumer a management fee for the assignment a premium for assignment 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 assigned shall be jointly and severally liable to the agency for payment of the remainder of the price, as well as any additional justified expenses which may have caused the assignment.


11. Right of withdrawal of the consumer


1. At all times the consumer and user may cancel the requested or contracted services, being entitled to the refund of the amounts that he had paid, but must compensate the organizer or retailer in the amounts indicated below, except that Result of force majeure:


A) If the trip is not subject to special economic conditions of hiring:

1) Management fees (5% of the amount of the trip up to a maximum of € 60. In no case will the management fee mean that the customer has to pay the agency an amount higher than the one already paid for the trip).

2) Cancellation costs, if any, and

3) A penalty consisting of 5% of the total amount of the trip, if the cancellation occurs more than ten and less than fifteen days before the date of commencement of the trip; 15 percent between days three and ten, and 25 percent within forty-eight hours prior to departure.

The consumer is informed that some of the trips published on our website involve cancellation costs of 100% of their amount. In such cases, this information will be reflected in the travel information published on the web that the customer can visualize before hiring.


B) If the combined travel is subject to special economic conditions of contracting, such as freight of aircraft, ships, special rates, cancellation expenses will be established according to the conditions agreed between the parties.


C) If the trip belongs to special departures such as HOLY LAND CLASSIC 8 DAYS 7 NIGHTS, POLAND 5 DAYS 4 NIGHTS - WARSAW CROATIA AND PILGRIMAGE TO POLAND, 8 DAYS 7 NIGHTS will be applied the mentioned below:



CONDITIONS FOR TERRESTRIAL SERVICES
  • For cancellations received from 30 to 21 days before the departure date the penalty will be 25% of the total amount of the activity.
  • For cancellations received from 20 to 11 days before the departure date the penalty will be 50% of the total amount of the activity.
  • For cancellations received 10 to 5 days before the departure date the penalty will be 75% of the total amount of the activity.
  • For cancellations received less than 4 days before the departure date the penalty will be 100% on the total amount of the activity.

CONDITIONS FOR AIR SERVICES

  • For cancellations received between the reservation date and 61 days before the departure date the penalty will be € 100 per seat.
  • For cancellations received between 60 and 30 days before the departure date the penalty will be 20% of the rate per seat.
  • For cancellations received between 29 days before the departure date the penalty will be 100% of the rate per seat.

2. In any case, the withdrawal takes effect from the moment the will to give up the consumer reaches the knowledge of the agency.

12. Cancellation of travel by the organizer

1. The cancellation of the trip, for any reason that is not attributable to the consumer, entitles him to terminate the contract with the rights provided in section 11.

2.If the cancellation of the trip is communicated within two months prior to departure, the agency must pay the consumer an indemnity based on the time remaining for the departure, which at least will be:

A) 5% of the price of the trip if it occurs with an advance of more than 15 days and less than 2 months.

B) 10% of the price of the trip, if it occurs in advance between 15 and 3 days.

C) 25% of the price of the trip, if it occurs within 48 hours before departure.

3. There is no obligation to indemnify 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, information published in the web offer or in the contract for the combined trip.
In this case, the agency must communicate in writing the cancellation to the consumer before the deadline set in the brochure, information published in the web offer or in the contract.
Failing that, the agency must notify the cancellation at least 10 days before the date of departure.
B) When the cancellation of the trip is due to reasons of force majeure. The circumstances outside the agency, abnormal and unforeseeable, whose consequences could not have been prevented, despite having acted with due diligence, are the causes of force majeure.

13. No presentation on departure

1. There will be a lack of presentation at the exit if the consumer does not communicate his will to not carry out the trip and does not appear at the time and place provided for departure.
In this case, it loses the right to the return of the quantities delivered and continues to pay those that were pending payment.
2. However, if the lack of presentation takes place due to force majeure, the consumer shall be entitled to the return of the quantities delivered, less administrative expenses and cancellation costs.

For these purposes, the death, serious accident or illness of the consumer or of any of the persons with whom he cohabits or any similar case that prevents him from participating in the trip and communicating to the agency such impossibility before departure.

D) RIGHTS AND DUTIES OF PARTIES AFTER STARTING THE TRIP.

14. Defective compliance or failure to provide services

1. When the consumer proves during the trip that there is a defect or there is a lack of provision of a contracted service, he must communicate it in the same place and as soon as possible to the organizer or the retailer and, if applicable, to the provider Of the service in question, so that the agency may have the possibility of seeking an immediate solution if this is possible. The communication must be carried out in writing or in any other form in which it is recorded. After receiving the communication, the retailer or the organizer must act diligently to find the appropriate solutions.
2. In the event that during the trip the lack of benefit or the poor performance of any of the services that are part of it occurs, the consumer will try not to increase with his actions and decisions the damages that are derived.

15. The impossibility of providing an important part of the services by the organizer

1. The agency must adopt the appropriate solutions for the continuation of the trip if, once started, it does not supply or verify that it can not supply a significant part of the services provided for in the contract.
An important part of the services provided are those whose lack of performance prevents the normal development of the trip and proves that it is unreasonable to expect the average consumer of such travel to continue in those circumstances.
2. The agency may not request any supplement for the solutions adopted for the continuation of the trip and will pay to the consumer any difference between the provided services and those provided.

3. If the consumer expressly or tacitly accepts the solutions proposed by the agency shall not be entitled to any compensation for such modifications. It will be considered that tacitly accept said proposals if it continues the trip with the solutions given by the organizer.

4. If the solutions adopted by the organizer are unfeasible or the consumer does not accept them for reasonable reasons, the agency shall:
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) Refund the price paid with deduction of the amount of the benefits that he has provided until the end of the trip, unless the defect that prevents the continuation of the trip is attributable to the consumer.
C) To pay the indemnity that if applicable.

16. Consumer withdrawal during the trip

1. The consumer has the right to withdraw from the combined travel contract once the trip has commenced, but he / she can not claim the return of the quantities delivered and will continue to pay those still pending payment.
2. If the withdrawal is due to an accident or to a consumer illness that prevents him from continuing the journey, the agency is obliged to provide the necessary assistance and, if applicable, to pay the amount of the difference between the expected benefits and those provided , Less any duly substantiated costs of cancellation.

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.

17. Duty of cooperation of the consumer to the normal development of the trip

The consumer must follow the instructions provided by the agency for the proper execution of the trip, as well as the regulations that are of general application to the users of the services included in the combined trip. In particular, in group travel he shall respectfully respect the other participants and observe conduct that does not prejudice the normal development of the trip.

E) CONTRACTUAL LIABILITY FOR DEFECTIVE COMPLIANCE OR NON-COMPLIANCE.

18. Distribution of responsibility

1. The organizing agency and the retail agency shall be responsible to the consumer for the correct fulfillment of the combined travel contract in accordance with their respective obligations for their respective area of ​​combined travel management.

2. The organizing agency and the retail agency respond to the consumer both if they themselves perform the services included in the combined trip or if they carry out their helpers or other service providers.

19. Causes of disclaimer

The responsibility of organizers and retailers will cease when one of the following circumstances occurs:
A) That the defects observed in the performance of the contract are attributable to the consumer.
(B) that such defects are attributable to a third party who is not supplying the services provided for in the contract and is unpredictable or insurmountable.
C) That the defects referred to are due to reasons of force majeure, such as those circumstances other than those invoking them, abnormal and unforeseeable whose consequences could not have been avoided, despite having acted with due diligence.
D) That the defects are due to an event that the retailer or, in his case, the organizer, despite having put all the necessary diligence, could not anticipate or surpass.

20. Duty of agency assistance

1. The organizing agency and the retail agency, despite being exonerated from liability, will continue to provide the necessary assistance to the consumer who is in difficulty.
2. There shall be no duty of assistance provided for in the preceding paragraph where defects produced during performance of the contract are attributable exclusively to intentional or negligent conduct of the consumer.

21. Limitations of liability of international conventions

When the benefits of the combined travel contract are governed by international agreements, compensation for personal and non-bodily damages resulting from non-performance or improper performance of the same shall be subject to the limitations established by them.

22. Information on provisions applicable to passports, visas and vaccines

1. The agency has the duty to report on the health formalities necessary for travel and stay, as well as the conditions applicable to citizens of the European Union in the field of passports and visas and will be responsible for correcting the information Facilitate
Nationals from outside the European Union should consult with their consulate or embassy the documentary and health requirements necessary for the realization of the trip.
2. The consumer must obtain the necessary documents to carry out the trip, including the passport and the visas and the one related to the sanitary formalities. All damages that can be derived from the lack of such documentation will be of your account, and in particular, the expenses caused by the interruption of the trip and its eventual repatriation.
3. If the agency accepts the consumer's request to process the necessary visas for one of the destinations provided for in the itinerary, it may require the collection of the cost of the visa, as well as the management expenses for the procedures that must be performed before the representation Diplomatic or consular post.
In this case, the agency will be liable for damages attributable to it in accordance with the diligence normally required due to the delays in obtaining the necessary documentation or due to lack or insufficiency of the same.

23. Liability for benefits not included in the combined trip
1. The rules of contractual liability of the combined trip are not applicable to benefits such as excursions, attendance at sporting or cultural events, visits to exhibitions or museums, or the like, which are not included in the overall price of the trip. Combined travel and which the consumer contracts on an optional basis on the occasion of or during the course of the journey.

F) CLAIMS AND ACTIONS RESULTING FROM THE CONTRACT.

24. Applicable Law

The combined travel contract is governed by the agreement between the parties and by what is established in these general conditions, and the provisions of the regional regulations in force at the place where the contract is concluded and, failing this, by the provisions of article 10 of Law 34/2002, of July 11, which approves the consolidated text of Services of the Information Society and Electronic Commerce.


25. Claims to the agency

1. Without prejudice to the legal actions that assist him, the consumer may make written claims for non-execution or poor performance of the contract with the retail and / or organizing agency.

2. Within a maximum period of 30 days, they must answer in writing the claims made.

3. At this stage, the consumer and the agency may seek the mediation of the competent administration or of the bodies set up to that end to find for themselves a solution to the conflict that is satisfactory to both parties.

4. If the dispute can not be resolved by means of a claim to the agency, the consumer may submit it to consumer arbitration if the requested agency had previously adhered to the consumer arbitration system, or, if the agency is not in Request for consumer arbitration. Likewise, in any case the consumer can claim in court.


26. Consumer Arbitration

1. If the requested agency has previously adhered to the consumer arbitration system, the consumer may address his claims to the Consumer Arbitration Board of an autonomous field that is competent.

2. Claims involving poisoning, injury, death or rational indications of crime may not be subject to consumer arbitration.

3. Unless otherwise stated in the public offer of submission to the arbitration system of consumption, the arbitration shall be by law and the arbitration procedure shall be governed by the provisions of Royal Decree 231/2008 of February 15.

4. The award rendered by the arbitral tribunal designated by the Consumer Arbitration Board shall resolve the definitive claim and shall be binding on both parties.


27. Legal actions

1. If the dispute is not subject to consumer arbitration, the consumer may claim in court.

2. The legal proceedings arising from the combined travel contract are prescribed for a period of two years, starting from the day on which the trip ended or was to end.

When contracting independent or unbundled air services, it is recommended that the client reconfirm the flight departure times forty-eight hours in advance. Tickets, unless otherwise provided in the contract, will be issued in electronic ticket format.



G) PROCUREMENT OF LOOSE SERVICES


1. In case of sale of loose tourist services, these will be governed by what establishes its special regulations (if any), as well as by the general and special conditions of sale of each provider, the travel agency acting in this type Of sales (loose service) only as an intermediary between customer and service provider.
2. HAYAPEREGRINACIONES and the provider of the corresponding service must answer each of them for the obligations that they have to them according to their scope of management.
The correct fulfillment of the contract of the loose service, which is understood formalized directly between the service provider and the customer, is the responsibility of the service provider.
For its part, HAYAPEREGRINACIONES as an intermediary must diligently process the reservation, communicate to the service providers the requests of the clients, as well as properly inform the clients of all information related to their reservation, previously transferred to HAYAPEREGRINACIONES by The provider of the service in question, as well as comply with any other obligation that may be required in accordance with applicable regulations.
3. Any change of schedule, cancellation or modification of the reservation is the sole and exclusive responsibility of the service provider when the service contract is signed directly between the client and the client. Therefore, in the event of any incident occurring before or during the provision of the service, we recommend that you file a complaint with the provider before leaving your premises (port or airport, hotel, etc), without prejudice to HAYAPEREGRINACIONES can help you To handle your claim at a later time if you request it.
4. In case of voluntary withdrawal by the consumer of a contracted service, the customer will pay the management expenses of the selling agency (5% of the amount of the service up to a maximum of € 10. In no case will the management expenses That the customer must pay the agency an amount higher than already paid by the service) and cancellation of the service provider.
5. Some service providers (especially airlines) do not allow changes or cancellations. Other providers may impose penalties for this purpose. The airlines, in case of allowing changes, apply, as the case may be, the corresponding rate increase. Also, as a general rule, airlines do not allow the name change on a ticket already issued.
6. In case of purchase of air tickets, if the airline notifies us of any change or cancellation of your flight, we will inform you through the email that you previously provided to us at the time of purchase. However, we recommend reconfirming the flight schedules with the airline 48 hours prior to departure.
7. Passengers must be in possession of all documentation required by the airline, emigration authorities and other governmental authorities of the countries to, from, or through which they are to fly, with the passengers being solely responsible for compliance Of all the requirements in each case and of the consequences that can be derived by the lack of them.
8.- Spanish citizens can consult the entry requirements in each country on the website of the Ministry of Foreign Affairs and Cooperation: www.exteriores.gob.es. If you have another nationality we recommend that you consult with your Consulate or Embassy.