Condiciones de venta GENERAL TERMS & CONDITIONS OF THE STAFF OF DONOSTIREC
1. Legal notice and data protection Pursuant to law 15/1999, of 13 December, of protection of Personal data, you are informed that the data will be stored for treatment to a file named Clients or suppliers owned by DONOSTIREC S.L., whose details are reflected in these conditions in order to manage the contract of packages as well as send them commercial communications for products and services which can if necessary offer the owner of the file. Any modification as possible if produced in personal data, it must be put into knowledge by the holder thereof to the owner of the file, responding in any case the truthfulness and accuracy of the data provided at any time. In the case that the data supplied by third parties, the buyer States without the consent of the holders thereof to communication of data. You are informed that you can oppose the processing of your data for purposes unrelated to the implementation and development of the present contract: for this purpose, means that he pays his knowledge for all purposes detailed above, if within fifteen calendar days from the collection of the data you did not show opposition. Likewise, we inform you that data can be transferred to companies that conform or shape the Edenia group for advertising purposes and to send you commercial communications for products and services that these companies can if offer. Pursuant to article 5 of the above-mentioned organic law is communicating that with regard to personal data collected for treatment has the possibility of exercising the rights of access, rectification, cancellation and opposition, by request in writing to the attention of the owner of the file in the terms that current legislation it subscribes to the following address: Poligono Herriondo 9 under 21180 Oiartzun (Guipúzcoa) Lusoviajes owns exclusive of the rights of exploitation of the web site called www.lusoviajes.com . SUNWEBTRAVEL. Reserves all intellectual and industrial property rights arising from the present site, requiring the express authorization in writing from SUNWEBTRAVEL to any exercise and use of them. This reservation of rights reaches the outward appearance (look and feel) as well as under any format can be included and content distributed via this Web site, in the code, design and navigation structure of the site. The Sunwebtravel brand and logo are registered by Donosti receptive sl forbidden to use them without express permission and in writing of the holder, being protected by the Spanish legal system and EU and international standards. The contents appearing on the website only may be used by user for personal, never commercial use which is expressly prohibited the total or partial reproduction, transmission by any means electronic, mechanical, or otherwise, your registration or storage in a system of retrieval of information in any form or by any means or alteration or recompilation at least come and preceded by the appropriate authorization in writing. To exercise the right of appointment, should mention SUNWEBTRAVEL as the holder of the contents or documents listed, as well as the website www.lusoviajes.com as a source of information where appropriate. SUNWEBTRAVEL may make, at any time and without prior notice, modifications and updates on the information contained in its website or in its configuration or presentation. SUNWEBTRAVEL makes all possible efforts so that the information provided through its website is clear, comprehensible and appropriate, so to avoid errors as far as possible and, if necessary, repair them or update them. However, SUNWEBTRAVEL cannot guarantee the absence of errors or that the content of the information is permanently updated.
B-CONDITIONS GENERAL OF STAFF OF TRAVEL COMBINED these general conditions are subject to the provisions of Royal Decree 1/2007 legislative which approves the revised text of the General Law for the defense of consumers and users and other complementary laws and other provisions in force that were applicable. For the purposes of these general conditions, the brochure is the document that they are incorporated. The /offer program is the description of the package contained in the brochure which is the object of the contract for travel combined. Information about the program /offer in the brochure is binding to the organizer or retailer, except that come with any of the following circumstances: -That changes in such information is communicated clearly in writing consumer before the conclusion of the contract and such possibility has been the subject of explicit mention in the program offer, as with all content on this website... -Any later modifications, prior agreement in writing between the parties. The organization of such trips has been done by the brand SUNWEBTRAVEL belongs to DONOSTIREC s.l. with CIF 20642237, registered office located in Poligono Herriondo 9 bass, 20180 Oiartzun (Guipuzcoa)
1 Request for reservations
1.1.-Consumer wishing to hire a package must be a request of reservation. Subsequent to the request, the Agency retailer or the Organizer undertakes to take steps as may be necessary to obtain the confirmation of the reservation, always in accordance with the number of seats available and the period for which has been requested.
1.2. At the time that the reservation of the selected trip request is made, the Agency reserves the right to reclaim consumer deposit of an equivalent amount, maximum, 40% of the total cost of the package whose reservation requests. On the assumption that the consumer elects to confirm your reservation, the delivered amount shall be apportioned amongst the price of the trip. If the consumer decides to withdraw the reservation request before the confirmation of the same, are you reinstate the deposited sum deducted, where applicable, the costs of management, which correspond and are reasonable.
1.3. In the event that consumers seek the development of travel combined to measure, the Agency may require the payment of an amount for the preparation of the project. If the consumer accepts the offer of the package drawn up by the Agency, and it can confirm the services that includes, the delivered amount shall apportioned amongst the price of the trip. Provided that he could not confirm them, the Agency will fully release the amounts paid by the consumer.
1.4. In all the cases described above, if the Agency cannot provide the requested journey and offers consumers the completion of a journey of analogous or similar features, except as otherwise expressly, means that he maintains such offer for 24 hours. In these cases, the contract be refined if the consumer accepts the offer within that period or which has been expressly established.
2. Confirmation of reservation
2.1. The perfection of contract package, i.e. the time when it is binding on both Contracting Parties, is produced with the booking confirmation. From that moment, the package contract is binding for both parties.
3. Price The price of the package has been calculated on the basis of exchange rates, rates of transport, cost of fuel and taxes applicable on the date of issue of the program/brochure or the later, in its case, made public in printed form. In this price are disaggregated management costs as well as the indication of any possible revision of it. Any variation in the price of the aforementioned elements may give rise to the revision of the final price of the journey, in the strict amount of variations in price referred. These changes shall be notified to the consumer, in writing or by any means that allows to have made communication record, and May, where the modification made is significant, withdraw from the journey, without any penalty, or accept the modification of the contract. In any case, be reviewed upwards in the twenty days prior to the date of departure of the trip, in respect of applications already made.
3.1. The price of the combined trip includes.
3.1.1. Transport of one-way and return, when this service is included in the program/offer contracted, on the type of transportation, characteristics and category to put in the contract or in the documentation which is given to the consumer at the time of signing it.
3.1.2. The accommodation, when this service is included in contracted program/offer, the establishment and nutritional regime contained in the contract or in the documentation which is given to the consumer at the time of signing it, or in other similar in the case of substitution.
3.1.3. The rates or taxes of the hotel establishments.
3.1.4. Indirect taxes (v.a.t., i.g.i.c) when they apply.
3.1.5. The technical assistance during the journey, when this service is specifically included in the contracted program/offer.
3.1.6. All other services and accessories specifically specified in the contract program/offer.
3.1.7. The costs of management.
3.1.8 Everything to be expressly stated in the contract of the package.
3.2 Special offers. When the hiring of travel combined as a result of offers specials, last minute or equivalent, at a price other than the expressed in the program/brochure, the services included in the price are only those specified in detail in the offer, even though such offer may refer to one of the programs described in this booklet, provided that such a referral is made for the exclusive purposes of general information about the destination.
3.3.1. The price of the combined trip does not include. Certificates of vaccination, extras such as coffees, wines, liquors, mineral waters, special diets even in the case of the full Board or half board, unless it expressly said on the contract another thing-, washing and ironing of clothes, optional hotel services, and in general, any other service not expressly listed in the paragraph it includes combined tour price or not recorded specifically detailed in the program/offering the contract or documentation which is given to the consumer to subscribe to it.
3.3.2 Excursions or optional visits. For excursions or optional visits contracted at destination, it must have present that are not part of the package contract. Publication in the booklet is merely informative, and the price is expressed with the call sign of estmated. That is why, at the time of hire in the place of destination, variations may occur on their costs, which alter the estimated price. On the other hand, such excursions will be offered to consumers with their specific conditions and final price of independently, not guaranteed until the time of his hiring the possible realization of them.
3.3.3 Tips Gratuities are not included in the price of the package. For cruisers, tip loses its voluntary nature, and at the beginning of it, warns the customer that you must undertake to surrender to the completion of the journey an amount determined according to the length. That amount, fixed before the cruise, has as sole recipient for service personnel.
4. Payment of the price
4.1.-At the time of the perfection of the contract consumer must pay an amount corresponding to 40% of the price of the package or, where appropriate, make up that amount amounts that have been delivered to account. If the consumer does not make such payment, the Agency will be required to make perform it in the reasonably short term fixed by him.
4.2. The payment of the rest of the price shall be made when the Agency offers delivery to the consumer of the titles of transport, bonds trip or any other document necessary for the correct performance of the services that form the package. If the consumer does not make such payment, the Agency will be required to make perform it within the period established. If not it fixed term, means that the payment should occur at most take 5 days before departure. These conditions shall not apply in equivalent or specials, last minute offers (fairs, weekends in the snow, cruises) will be governed by him expressly stipulated between the parties.
4.3. The Agency reserves the right to terminate the contract and apply the rules established for the withdrawal before departure if the consumer does not perform any of the expected payments in the preceding paragraphs in the term that corresponds.
5.1. Unless indicated in the booklet or are available under specific conditions: -With regard to those countries in which there is official classification of hotel establishments or any other type of accommodation, the brochure contains tourist classification given in the corresponding country. In those in which there is no official classification, the category indicated in the brochure is simply indicative. In any case, the Agency must ensure greater correspondence between used rating and the expectations that it can reasonably generate in a Spanish consumer. -The time of occupation of the rooms depends on the standards set by each country. In general, indicative mode, room can occupy from fourteen hours on the day of arrival and must leave before twelve o'clock of the day of departure, regardless of the hour that is provided for the arrival to the hotel or the hour that is provided for the continuation of the journey. -Rooms or cabins triples or quadruples are generally double rooms which adds one or two beds, which are usually a sofa bed or a folding bed, except in certain establishments are used instead of additional beds where 2 large beds.
6.1. The consumer shall be submitted in the best place for departure time indicated by the agency or, in their absence, by the booklet. As a general rule in the case of air transport in minimum time is one hour and a half on the scheduled departure time.
6.2 If consumer could not make the trip through having been submitted with required notice, shall apply the system provided for in paragraph 13 of the present conditions for the lack of submission to the exit or, if any, provided for in paragraph 11 for the withdrawal of the consumer.
6.3. The loss or damage that occurs in connection with the luggage by hand or other objects that consumers take with you and keep in its custody are your sole account and risk, without the agency or the Organizer are responsible in any case.
7. Other services
7.1. As a general rule and guidance mode, the regime of full Board includes continental breakfast, lunch, dinner and accommodation. Half board regime, except where noted otherwise, includes continental breakfast, dinner and accommodation. As a general rule, these meals generally do not include beverages.
7.2. Special diets (vegetarian or special regimes) are guaranteed only if they have been agreed by the parties before starting the journey.
8. Amendment of the contract
8.1 If at any time prior to departure, the consumer wants to request changes referred to destinations, means of transport, duration, calendar, the contracted travel itinerary or any other end referred to the benefits and the Agency may perform them, this may require the payment of expenditure justified additions that had caused such a change as well as a premium by modification of the reservation, which may not exceed 3% of the total price of the trip.
8.2.-Prior to departure, the Agency can only be the changes that are necessary for the successful conclusion of the package and are not significant. Considered that the necessary changes are significant if they prevent the attainment of the objectives of this according to their general or special features.
8.3. In the event of the Agency being forced to make significant changes, it should be known to the consumer. It may choose to accept the modification of the contract which require introduced variations and their impact on the price or rescind the contract. The consumer must communicate the decision to the agency within the three days following which notifies the modification. If the consumer does not communicate its decision within the time limit indicated above, means that you opt for the resolution of the contract.
9. Revision of the price
9.1.-The Agency only may revise the pricing, provided that such a revision occurs before the 20 days provided to the output and not be significant, i.e. exceeding 15% of the price of the trip. In addition, this review only can be out to adjust the amount of the price of the trip to the variations: The exchange rates applied to the organized tour. The price of transport included in the trip, including the cost of fuel. Rates and taxes relating to certain services, such as rates of airport, embarkation, disembarkation and the like included in the price.
9.2.-The revised price shall be determined by reference to the against value of the currency of the country of destination and the prices, rates and taxes applicable on the date of issue of the prospectus. In the case of circuits that include two or more countries, Exchange taken as reference is in USA dollars on the same date.
9.3.-If the revision of the price increase exceeding 15% of the price of the trip, the agency it will immediately knowledge of consumer, who may terminate the contract. The consumer must communicate the decision to the agency within three days to notify that you change. If the consumer does not communicate its decision within the period indicated, means that you opt for the resolution of the contract.
10. Rights of the consumer in case of resolution
10.1. In the event that the consumer, in accordance with the preceding paragraphs, resolves the contract you can choose between the possibilities contained in the RDLeg. 1/2007 of 16 November, which approves the revised text of the General Law for the defence of consumers and users and other complementary laws.
11. Transfer of the reserve
11.1. The consumer may assign your booking to a person meeting all the conditions required in the brochure and the contract for the combined trip.
11.2.-The assignment must be communicated by any reliable means to the Agency and will be free if it receives the communication with a minimum of 15 days from the date of commencement of the journey. If you want to perform after the Agency cannot accept, may require the consumer a premium assignment which shall not exceed 3% of the total price of the trip.
11.3. In any case, the consumer and the person to whom he has assigned the reserve will respond jointly and severally to the Agency of the payment of the price, as well as the additional costs justified remaining that could have caused the assignment.
12. Right of withdrawal for the consumer
12.1.-The consumer has the power to withdraw from the journey at any time prior to departure. However, if this withdrawal occurs within 15 days prior to the scheduled tour departure, shall pay the expenses of management and cancellation if any and a penalty on the basis of the remainder to the exit, which will be: -5% Of the total price of the trip if it occurs more than 10 and less than 15 days in advance. -15% of the total price of the trip, if it occurs between 10 and 3 days in advance. -25% of the price of the journey, if place within 48 hours before departure.
12.2.-Consumers will not have to pay any percentage in the concept of penalty if the withdrawal takes place by major force .In this case this cause must be properly registered with papers and/or certified medical officers and all those who may be required
12.3.-In all cases, the consumer must pay costs management and cancellation that produces the withdrawal.
12.4.-The withdrawal produces effects from the moment the desire to withdraw from the consumer comes to the knowledge of the Agency.
12.5 Known the withdrawal, the Agency will return to the consumer paid amounts they had paid within a maximum of one month, deducted the expenses of management and, where appropriate, justified cancellation fees and penalties that correspond.
12.6 If the package were subject to economic conditions special staff, such as freight aircraft, ships, special rates or other similar, expenditure des management, the cancellation fees and penalties will be stating explicitly the brochure for the trip or those agreed in a special way in the contractual document.
13. Cancellation of the trip by the Organizer
13.1. The cancellation of the trip, for any reason that is not attributable to the consumer, entitles you to terminate the contract with the rights provided for in paragraph 9.
14. Lack of submission to the output
14.1. It there lack of submission to the output if the consumer does not communicate its desire not to carry out the journey and does not occur in the time and place for departure. In this case, it loses the right to the return of the quantities delivered and still forced to pay that were outstanding. 14.2.-However, if the lack of presentation takes place due to force majeure and it is reliably demonstrated, consumer entitled to return of the quantities delivered, deducted management expenses and the expenses of cancellation.
15. Defective fulfillment or lack of provision of services
15.1. Where the consumer finds during the trip there is a defect or there is lack of delivery of any service contracted, shall be communicated in the same place and as soon as possible to the organizer or retailer and, where appropriate, to the provider of the service concerned. Communication must be carried out in writing or in any other form in which record. Upon receipt of the communication, the retailer or the organizer shall exercise diligence to find appropriate solutions.
15.2 If performs the communication time is indicated, the document that accredits him exonerated provide further evidence of the existence of the defect, unless the Organizer, the retailer or service provider have proven in the presence of the consumer that the defect does not exist or does not meet the above characteristics, and they have done so include. 15.3.-If the consumer does not perform such communication in the time and way indicated, must prove defects who claim in accordance with the general criteria for test and will be your account the damages that occur or are worsening due to his lack of communication.
16. The failure to provide an important part of the services by the Organizer
16.1. The Agency shall take appropriate for the continuation of the journey solutions if once started it does not supply or verify that an important part of the services under the contract is not available. Considered an important part of the planned services of those whose lack of realization prevents the normal development of the trip and because it's not reasonable to expect the average consumer of such travel that continue it in those circumstances.
16.2. The Agency may not request any supplement by the solutions adopted for the continuation of the journey and shall pay any difference between the benefits provided and those supplied to consumers.
16.3 If the consumer accepts expressly or tacitly solutions proposed by the Agency, you won't right to any compensation for such modifications. Shall be deemed to accept tacitly these proposals if continues the journey with the solutions given by the Organizer. 16.4.-Whether the solutions adopted by the Organizer be unworkable or the consumer did not accept them on reasonable grounds, the Agency shall: -Provide equivalent to the contracted transport in the journey to return to the place of departure or any other both have agreed, if the contract includes the return trip. -Reimburse the price paid with a deduction of the amount of benefits that you got until the end of the trip, except if the defect that prevents the continuation of the trip is attributable to the consumer. -Pay the compensation if appropriate.
17. Withdrawal of the consumer during the trip
17.1. The consumer has the right to withdraw from the travel contract combined once started the journey, but may not claim the return of the quantities delivered and will continue forced to pay those that are outstanding.
17.2 If the withdrawal is due to an accident or illness for the consumer to prevent him to continue on the journey, the Agency is obliged to provide the necessary assistance and, where appropriate, to pay the amount of the difference between the benefits provided and those supplied, deducted the duly substantiated expenses of cancellation corresponding
17.3. In both cases, all expenditure adds occasioned by the withdrawal, and in particular the of repatriation or relocation of origin, is in charge of the consumer.
18. Duty of cooperation of the consumer to the normal development of the trip
18.1.-Consumer shall follow the indications to provide for adequate implementation of the travel agency, as well as regulations are of general enlargement to the users of the services included in the package. In particular, keep due respect to other participants in the group travel and observe behavior that does not harm the normal development of the trip.
18.2.-Infringement of these obligations empowers the Agency to terminate the contract package. In this case, if the contract includes the return trip, the Agency provide consumer equivalent to the contracted transport in the journey to return to the place of departure or any other both have agreed. The Agency also entitled to compensation appropriate for damage attributable to the conduct of the consumer.
19.1. The organizing agency and the Agency retailer will respond to the consumer for the proper performance of the contract package, on the basis of the obligations that correspond them by their respective scope of management of the package.
19.2. The organizing agency, and the Agency retailer respond to consumer both if run themselves the benefits contained in the package, as if carried out their auxiliary or other service providers.
19.3.-The organizing agency, as that planned the package, responds damage caused to consumers by non-execution or poor performance of the covered services in the package as well as the damage from the breach of any other obligation corresponding to its scope of management according to the applicable law.
19.4. The Agency retailer, for being that sells or offers for sale the package proposed by the organizing Agency, he is responsible for the damage caused to the consumer by the mistakes made to inform you about the package, have omitted information that should give you, having not submitted the necessary documentation for the correct realization of the trip and in general, by having failed to comply with any other obligation corresponding to its scope of management according to the applicable law.
19.5. The responsibility for the consumer will be few businessmen solidarity, organizers or retailers, jointly seek the contract regardless of its class and the relationships that exist between them, without prejudice to the right to repeat to whom it may concern to the consumer and user in front who is attributable failure or defective performance of the contract on the basis of their respective scope of management of the package.
20 Causes of exoneration of responsibility
20.1.-Liability of organizers and retailers shall cease when come to any of the following circumstances: -That the defects observed in the performance of the contract are attributable to the consumer. -That these defects are attributable to a third party alien to the provision of the benefits provided for in the contract and shall take an unpredictable or insurmountable character. -That the listed defects due to reasons of force majeure or fortuitous event, understood by those outside who invokes them, abnormal, unforeseeable circumstances, or that envisaged, their consequences do not have been avoided, despite having acted with due diligence. -That defects may be due to an event that the retailer or, in its case, the Organizer, despite having put all the necessary diligence, could not foresee or overcome.
21. Duty to the consumer to reduce the damage
21.1.-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-execution or inadequate execution of the contract or to avoid that they exacerbate. Damage arising from not taking such action will be consumer account.
22. Limitation of liability of international conventions
22.1 - When the performance of the contract of the package are governed by international conventions, compensation for corporal and not bodily damages resulting from failure or improper performance thereof is subject to limitations that they establish.
23 Limitations not corporal damage
23.1. When the performance of the package not governed by international conventions is: -Allowances not bodily damages will be limited for all items to double the price of the trip, including moral damage does not derive you body damage and reimbursement to be made. -Compensation of the organizing agency for the damage resulting from loss or damage to baggage shall be limited to EUR 350, including moral damage.
23.2. No limitations provided for in the two preceding paragraphs if the agency or service providers have intentionally caused the damage or have acted in reckless way knowing that there probably would be governed.
24. Information that the Agency retailer should be provided to the consumer. Reporting to the consumer must receive the retailer agency or where appropriate, of the organizers of packages, in writing or in any other manner that record and time before the start of the journey, at the latest at the time of confirmation of the reservation, the following information: (a) the times and places of scales and links, as well as the indication of the category of the place which must occupy the traveler in the middle or means of transport to be used. (b) The name, address and telephone number of the representation of the organizer or retailer in each destination or, failing that, of local agencies that can help consumers and users in the event of difficulties. When there are no such representations and agencies, consumer and user must be provided, in any case, for a phone number of emergency or any other information to get in touch with the organizer or retailer. (c) for trips and stays of minors abroad, information enabling to establish direct contact with these or those responsible for his stay «in situ» during the trip. (d) information, in accordance with the regulatory legislation of private insurance, on the optional conclusion of an insurance contract to cover the expenses of cancellation by the consumer and user, or a contract of assistance to cover the costs of repatriation or transfer to the place of origin, in the event of accident, sickness or death. For this purpose it is recommended, however the consumer contact the Ministry of Foreign Affairs, whose information Office provides recommendations specific according to destination over the Internet (http: / / www.mae.es) or by any other means.
25. Information on provisions on passports, visas and vaccinations and meteorological phenomena
25.1. The Agency has a duty to provide information on the health formalities required for the journey and the stay, as well as the conditions applicable to the citizens of the European Union in the field of passports and visas, and will be liable for the correctness of the information provided.
25.2. The consumer must receive the documentation necessary for the trip, including passports and visas and to the sanitary formalities. All damages that may arise from the lack of such documentation will be in your account, and in particular, the costs caused by the interruption of the trip and their eventual repatriation.
25.3 If the Agency accepts commissioned by the consumer of processing visas to any of the destinations provided for in the itinerary, it may require the payment of the cost of the visa, as well as the cost of management by the procedures that must be performed before the relevant diplomatic or consular representation. In this case, the Agency will be liable for damage that are attributable with normally due diligence by delays in obtaining the necessary documentation or lack or inadequacy of the same.
25.4. The Agency, to the extent possible, and a reasonable perspective of enforceability, shall inform consumers of possible phenomena adverse weather which can locate in the contracted travel destination and that may affect the good development of the same.
26. Liability for benefits not included in the package.
26.1. The rules of contractual liability of the package are not applicable to benefits such as excursions, for the assistance to sporting or cultural events, visits to museums or exhibitions, or similar, which are not included in the overall of the package price and consumer contracts with optional on the occasion of the same or during its course. In these cases, the Agency shall indicate to consumers the optional nature of the provision and not just as part of the package.
26.2. If the Agency is involved in the recruitment of such benefits will respond according to the specific rules of the contract you make.
27. Governing law
27.1. The present contract package is governed by what was agreed by the parties and by what is established in these general conditions, in regional norms at the time of the conclusion of the contract and, in the absence thereof, by the provisions of the RDLeg. 1/2007 of 16 November.
28. Legal proceedings
28.1.-If the dispute is not subject to arbitration of consumer, the consumer may claim in judicial proceedings in the courts of the place of conclusion of contract.
28.2.-The consumer may only be sued in the courts of the place of conclusion of the contract. 28.3. Legal actions arising from the contract of package prescribed by the course of the next two years, counting from the day that should complete the trip.
29 The validity and date of issue appear on the corresponding website