Terms and Conditions
1.- Definitions.
For the purposes of these General Terms and Conditions, the following definitions apply:
Program: The description of a package including all travel services offered by the tour operator, plus all legal information required according to Spanish law and as defined in article 153 of RDL 1/2007.
Packaged travel contract: The compulsory and written agreement that regulates the agreement between operator and traveler.
Tour operator and Organizer: The company NATURE ADVENTURES SPAIN S.L., with registered office facilities at Calle Hermosilla, 48, 28001 Madrid (Spain) and C.I.C.M.A nº .
Traveler and client: Any person who enters into a travel contract, or has the right to travel under its provisions.
The information contained in the program is binding for the operator, unless any of the following circumstances apply: (a) changes to such information have been clearly communicated in writing to the traveler before signing a contract and such possibility has been expressly accepted by the traveler; (b) they occur after the signature of the underlying contract and have the express approval of the traveler.
2.- Legal framework applicable to the packaged travel contract.
These Ts & Cs are subject to the provisions of Royal Legislative Decree 1/2007, of 16 November, revision of the General Law for the Defense of Consumers and Users and other complementary laws, and Law 7/1998, of 13 April, on General Contracting Conditions and other provisions in force.
3.- Applicable contractual framework.
These Ts & Cs, made available to the client in writing and prior to signing the relevant contract, are part of and incorporated into all packaged travel contracts, entered into by the organizer and the traveler as part of it and are binding for both parties.
4.- Booking process.
The organizer will provide the client with all pre-contractual information relating to the packaged travel program and as required by RDL 1/2007.
Apart from this program, the organizer provides the traveler with the standard information form that appears as Appendix 1 to these Ts & Cs.
The traveler accepts the program by signing the contract which consists of the actual program, these Ts & Cs and any specific conditions that may apply from time to time.
Once the required deposit has been paid and the contract has been signed, the organizer will obtain confirmation of all contracted services from each supplier concerned.
If any of these services cannot be confirmed due to lack of availability, another of similar characteristics will be offered, together with information of changes and conditions or price, if any, which the client may accept or reject. In the event that the traveler rejects the proposed change, the organizer will refund any amounts deposited until such moment.
The organizer undertakes to confirm all bookings which are part of the program not later than 25 days before the scheduled departure date, except in those cases in which a contract is signed less than 25 days in advance, or in cases of modification of some of the contracted services for which there was no earlier notification possible.
4.1.- Payments and fees.
Nature Adventures Spain will charge a consultation fee for the elaboration of any tailor-made itinerary and travel program, undertaking in turn to present the requested itinerary and proposal within 20 days from payment reception of said amount. Such fee is non-refundable, neither in part nor total.
The amount charged will be deducted in full from the total invoice amount upon acceptation and signature of the contract by the client.
Revision or partial modification of the proposed program will not be considered as commission of a new budget and no additional fees incurred in, provided that the intended main destination is not modified and/or there is no significant change in dates, leading to different seasons or similar.
Finally, if the customer does not sign the contract based on the quotation, or once accepted by his signature cancels, the consultation fee and according payment made will not be refunded.
5.- Delimitation of the services of a packaged trip.
5.1.- General scope.
The services which comprise the packaged travel contract result from the itinerary and budget information provided to the traveler.
5.2.- Transport.
The traveler is required to report at the agreed date and place of departure with the requested lead time, as provided in the travel documentation supplied.
For air travel, lead time required is at least three hours prior to scheduled international departures, and two hours for domestic travel. Specific recommendations indicated in the travel program and documentation provided at the time of booking must be strictly adhered to. If the traveler is unable to commence the journey because he or she has not shown up in good time, terms for traveler's voluntary withdrawal rulings apply. All bookings will be made with personal details as provided by the traveler. Airlines in particular reserve the right to deny boarding in case of a ticket where a name does not match the name on the passport presented at check-in.
Once a flight booking has been made, subsequent error or name change implies a new reservation and / or booking, with the possibility of not getting identical flights or booking class, or that the initial ticket price varies.
Any loss or damage that occurs in connection with carry-on baggage or other items that the traveler carries with him or keeps in his custody is at his sole risk.
The definition of direct flight will always be understood to be such E-Ticket or voucher consisting of a single flight coupon, and regardless of a technical stop en route.
5.3.- Accommodation.
5.3.1.- General.
The quality and scope of services provided by the hotel will be determined by the official grading, if any, and as assigned by the competent body of the respective destination. Countries in which there is an official grading of hotel establishments or any other type of accommodation, will these have reflected in the contracted itinerary. In those destination without official grading, the category indicated in the itinerary is based upon a guideline as applied by the operator.
Triple or quadruple rooms offered are generally double rooms with one or two foldaway beds or sleeper couches added, except in certain establishments where two larger beds are used instead of additional beds.
Room occupancy times depend on the rules set in each property. As a general rule and unless expressly agreed otherwise in the contract, the rooms may be used from 2 p.m. on the day of arrival and must be vacated before 12 noon on the day of departure, regardless of the time at which the arrival at or departure from the hotel is scheduled. Late check-out or early check-in can be requested as an additional service, are never guaranteed and may imply additional cost.
When the contracted service does not include the permanent accompaniment of a guide and in the event that the user expects to arrive at the hotel or apartment booked on dates or times other than those indicated, it is advisable, in order to avoid problems and misinterpretations, to communicate this circumstance to the hotel or where impossible the organizer as far in advance as possible. As a general rule, no pets are allowed in our international destinations. In the event of the admission of pets, a written confirmation as part of the contract is compulsory.
Confirmed accommodation implies that contracted space is available on the corresponding night and to be provided, regardless of circumstances specific to the trip and time of arrival occurs later than initially planned.
5.3.2.- Supplementary Services.
At times, certain additional services requested (e.g. a specific room, window seat, sea view etc.) cannot be reconfirmed prior to departure. Payments received for such additional requests which however are eventually not provided will be refunded by the organizer immediately upon return.
5.4.- Diet.
Half board, unless otherwise indicated, includes continental breakfast and dinner. As a general rule, and unless expressly stated otherwise, such meals do not include beverages. Special diets like vegetarian or other are only guaranteed if they have been previously agreed as part of the itinerary. No refund is applicable if any included meal service is left unused, irrespective of circumstances.
5.5.- Special conditions for traveling children.
Certain special conditions or restrictions may apply, depending on age or even size or weight of children and minors at times of travel. Any rules with regard to children and minors are subject to full pre-contract disclosure and are reflected in writing as part of the same. All information provided shall be binding.
6.- Economic parameters.
6.1.- Prices.
The stipulated price as per the contract includes:
a) transportation, where this service is part of the contracted program, with the means of transportation, characteristics and category described.
b) Accommodation and meal plan according to the itinerary and program.
c) Indirect fees or taxes like park fees, Value Added Tax (VAT) where applicable and any other fee or tax, which are not requested to be payable directly by the traveler, according to pertinent law and regulation of the destination.
d) Booking fees.
e) Any other services or inclusions, as specified in the program.
6.2.- Exclusions.
a) Any service or optional that is not part of the travel contract or described as such.
b) Any personal expense or service, like spa treatments and similar:
c) Optional activities, upgrades or services that are not part of the program,
d) Tips and other incidentals.
In case of excursions or optional visits not contracted before departure, it should be kept in mind that these are not part of said contract. Its publication in the program is for information purposes only and prices are expressed with the indication "estimated". Therefore, at the time of contracting in place variations may occur.
6.3.- Price review.
The price for the program is based on exchange rates, transport rates, fuel costs, fees and taxes, etc., applicable at the time of contracting.
It is liable to be altered in case of:
a) change in passenger transport conditions due to fuel surcharges or increased taxes and airport security fees.
(b) change in taxes or fees on travel services included in the program and levied by third parties like administration, government or other, including but not limited to tourist, landing or park fees, taxes and surcharges at ports and airports.
(c) currency exchange rates, applicable to the packaged travel program.
Any such review may only be applied up to 20 calendar days prior to the scheduled date of departure. Under no circumstances will the revision be possible in the event that the traveler has already paid the agreed price in full.
Notwithstanding the above, and as far as the exchange rate is concerned, the operator guarantees the contracted price, once the trip has been confirmed, unless the exchange rate has changed for more than 15% since the date of contracting and only with sufficient proof.
6.4.- Payment method and refunds.
At the signing of the contract, a deposit of 20% of the total package price is due. Flights however must be paid for in full at the time of booking and as required by all airlines. The remaining payments are due according to the payment plan established and reflected in the contract. If any of the contracted services require special payment conditions, these will be specified prior to contracting.
If final payment is delayed beyond the established due date, the organizer will request the client in writing to comply within a grace period of TWO business days. Should final payment still be outstanding, the organizer may apply no-show rulings. Any contracted services which are not utilized due to late, altered or canceled departure are forfeited and no refund will be made.
7.- Rights and obligations of the parties prior to departure.
7.1.- Alteration of contracted services:
7.1.1.- If altered by the operator:
The organizer undertakes to provide its travelers all services included in the program, with the conditions and characteristics stipulated. Prior to departure however it may apply those changes that are necessary for successful completion of the package and which are not detrimental to the contracted package as a whole.
This notwithstanding and in the event that the organizer is forced to make substantial changes to the contracted services and proposes to increase the price by more than 8% of the total as a result, it will inform the traveler immediately, specify all modifications to the program and their respective impact on the final price.
The traveler in turn must notify the organizer within a maximum period of 24 hours after submission if the modifications to the program and the new price are accepted.
Should necessary alterations result in a program of inferior quality, the traveler is entitled to an appropriate reduction of the originally established, overall price. Should the traveler decide to withdraw from the underlying contract due to such modifications, he is entitled to a full refund of the amounts paid until such moment, without any penalty and within a maximum period of fourteen calendar days from the date on which the withdrawal is declared. Any withdrawal must be in notified in writing.
Any optional insurance once contracted is always non-refundable.
7.1.2.- Alterations by the client:
If, at any time prior to the established departure date, the traveler wishes to request changes to the itinerary, means of transport, duration or dates of the contracted trip or any other point relating to the services and the organizer is able to make such changes, the organizer is entitled to require payment of any additional expenses caused by such changes.
The client may transfer their booking to a third party, provided that the replacement meets all conditions regarding number of travelers, age group if applicable, necessary visa and others as the case may be. The client has to notify the organizer in writing and at least 7 calendar days prior to the scheduled date of travel. Both the client and his replacement shall be jointly liable for full and timely payment of the agreed price, as well as for any additional commission, surcharge or other, justified additional expenses that may occur.
7.2.- Termination of the contract before departure.
7.2.1.- Resolution of the trip by the organizer.
The operator may cancel the contract and refund the traveler in full within no less than 14 calendar days after having itself received notice of services cancelled, but will not be liable for any additional compensation if:
a). The number of people registered for the contracted package is less than the minimum number, specified in the contract and the organizer notifies the traveler within the following deadlines:
• 20 calendar days before scheduled departure in case of more than six days travel duration.
• 7 calendar days before scheduled departure in case of between two and six days travel duration.
• 48 hours before scheduled departure in case of less than two days travel duration.
b). The organizer is unable to fulfill the contract due to unforeseeable and extraordinary circumstances, commonly labeled “force majeure” and notifies the traveler as soon as it becomes aware of it.
7.2.2.- Termination of the trip by the client.
The client may cancel at any time prior to scheduled departure, subject to the specified penalties and lead times as stated in the contract. Airfares are subject to refund rulings by the airlines’ own and specific ticket conditions, as the case may be.
Any refund due will be credited within a maximum period of 14 calendar days from cancellation by bank transfer only and to the bank account, specified by the client.
8.- Rights and obligations of the parties after departure.
8.1.- Passenger rights.
The client is entitled to the correct execution of all travel services included in the contract. If any of the contracted services cannot be provided, or is provided in a faulty manner, he is entitled to an appropriate reduction in price and payment of compensation for damages that he may have suffered.
The client has to notify the local service supplier first and immediately, and the organizer secondly about any lack of conformity regarding the contracted as soon as possible. He has to accept an offered alternative of identical quality for the service originally included, or if of lower quality but offered with an appropriate reduction in price. No purchase or booking of services whatsoever by the client without prior, written consent of the operator will be considered for refund.
The client has to take all appropriate and reasonable measures to reduce the damage that may arise from the non-performance or deficient execution of a specific service. Any damages resulting from the failure to take such measures shall be client’s responsibility.
The traveler has the right to withdraw from the packaged travel contract after departure and return, alter, modify or change the itinerary on own accord. However, no refund for any contracted services not utilized will be considered.
In cases of unavoidable and extraordinary events the traveler is entitled to receive assistance in the shortest possible time by the operator, providing information on health services, local authorities and consular assistance, to receive assistance in establishing remote communications and in finding alternative return travel arrangements.
8.2.- Obligations of the client.
The traveler must comply with the instructions provided by both the organizer and supplier on the ground regarding correct execution of the trip, as well as safety or other regulations that are generally applicable to the services included in the packaged trip. Compliance with rules pertaining to immigration and customs at destination are the sole responsibility of the traveler. In particular, the traveler shall observe conducts which do not negatively impact on the experience, acting in accordance with elementary rules of prudence and common sense and following at all times indications given by guides and any person in charge.
A serious breach of these rules entitles the organizer or supplier to terminate the packaged travel program and with the client being liable for any damages that may have been caused to the organizer or supplier, as the case may be.
8.3.- Rights of the organizer after departure.
The organizer is responsible for the correct execution of the trip and has the right to take any actions it deems necessary in the event of unforeseen situations that may arise during the course of the trip, such as climatic alterations, political or civil unrest, war, air travel restrictions or similar, actioning all necessary changes to the program to guarantee the safety of travelers.
The organizer or supplier shall have the right to terminate, at any time, further participation of any person whose behavior is considered as dangerous to the safety or the well-being of other participants, and in which case no refund will be considered. The organizer will however take the necessary measures for related, early repatriation.
8.4.- Obligations of the organizer.
The organizer is obliged to correctly perform the services included in the contracted trip, regardless of whether they are executed by the organizer directly or by other suppliers and service providers, and is liable for any damages suffered by the traveler as a result of deficiencies except the following cases:
1). That defects and deficiencies are attributable to the traveler.
2). That the defects referred to are due to unforeseeable or unavoidable circumstances understood as force majeure.
In the above cases of exclusion of liability, the organizer will however be responsible to provide necessary assistance to the traveler.
The organizer shall not be liable for any services not included and part of the contracted program, and which the traveler may contract with third parties during the course of the trip on own accord, including any subsequent delay, cancellation, accident or incident whatsoever arising. Likewise, the organizer shall not be responsible if such possible incidents may impact on carrying out all or part of the contracted program and the need to delay, cancel and in general modify it in any way. The client acknowledges and accepts that contracted insurance policies may not cover any eventuality that may arise from third party services contracted in addition to and outside of the original packaged program.
If any of the services included in the program are not performed in accordance with the contract, the organizer shall be obliged to remedy such lack of conformity, unless it is impossible or would entail a disproportionate cost, taking into account the scope of the defect and value of the services concerned.
Where the organizer is unable to provide a significant proportion of the contracted travel services, it shall provide suitable alternative arrangements, at no additional cost to the client and of equivalent or higher quality than those originally contracted. If the organizer does not offer such alternative arrangements and the program includes transportation, it shall repatriate the traveler in equivalent transport without undue delay and at no additional cost.
9.- Limit of liability.
Liability is limited to the laws, rules and regulations related to packaged travel programs as laid down by the European Union and converted to Spanish law. Liability regarding airlines and other means of transportation is governed by international treaties and the general conditions of carriage that each supplier has established. Contracting specific travel-related insurance policies covering the packaged travel program are recommended and offered, prior to program purchase.
10.- Passports, visas and vaccinations.
The organizer undertakes to inform the client about health measures and vaccinations required, as well as about regulations regarding passports and visas. Such information is to be up to date and correct at the time of contracting.
The traveler must ensure that all applicable health and visa rules and requirements are complied with prior to departure. Minors must carry a written permission signed by their parents or guardians and depending on the applicable laws of all countries visited. Denied boarding of any means of transportation or refusal of entry into any country visited due to lack in any of the above may result in delays, cancellations and repatriation with additional expenses, which in all instances shall be the client’s sole responsibility.
11.- Other General Provisions.
11.1.- Risks.
From time to time the organizer may offer expeditionary programs outside traditional tourist services, in close contact with nature and in many instances overall conditions significantly different from those, common to the respective home country. coexisting with peoples far from Western customs. Consequently, such programs entail possible, greater risk than standardized travel.
12.- Insurance.
The organizer has taken out Basic Travel Assistance Insurance for all its portfolio, as required by Spanish law and which covers all travelers. However, it will without exception inform the client about optional insurance to cover expenses incurred in the event of cancellation, costs of medical and emergency assistance, including repatriation in the event of an accident, sudden illness or death.
Optional insurance once contracted, is non-refundable.
13.- Claims, legal actions and statute of limitations.
The traveler may file a legal claim before the courts of the place where he or she is domiciled and may only be sued before the same courts. Legal actions arising from the package travel contract are time-barred by the expiry of the two-year period. In any case, and in full respect of the provisions of the previous section, the organizer makes the following information available to travelers so that they can file their complaints and claims or request information about the contracted program: NATURE ADVENTURES SPAIN S.L., with address at Calle Hermosilla 48, 28001 Madrid (Spain) and C.I.C.M.A nº , Phone: (0034)683353763 and email: service@natureadventures-spain.es
14.- Data Protection.
To ensure correct rendering of any and all services contracted, the operator will process all necessary personal data that the traveler has provided, including disclosure as needed to third parties, even outside the EU and whose data protection laws may differ. Such data may include names, date of birth, contact details and other, whenever essential to facilitating contracted services. The operator certifies that it complies with the applicable data protection standards and in particular national Organic Law 3/2018, of 5 December, on Data Protection and Guarantee of Digital Rights, and regulation 2016/679 EU by the European Parliament of 27 April 2016, on the protection of individual persons with regard to the processing of personal data and on the free movement of such data, and Directive 95/46/EC (GDPR).
MAIN PURPOSE: the operator collects all personal data of travelers, needed to provide and manage the requested services and maintain the contractual status quo. Likewise, personal data of all travelers will be processed in-house for administrative purposes.
Other purposes: With the client’s previous and written consent, personal data may be processed for information about events and other commercial communications, related to the outfitter’s portfolio and programs and through any available channels, including electronic mail.
RIGHTS: The client may exercise the rights of access, rectification, cancellation, opposition or other in terms of data protection. The corresponding request shall be in writing, accompanied by a photocopy of his ID card and addressed to: Data Protection Department – NATURE ADVENTURES SPAIN S.L. C/ Hermosilla, 48; 28001 Madrid.
15.- Validity.
The validity of these general Terms and Conditions is not limited by specific periods or deadlines and may be updated from time to time.
