General conditions of the package travel contract

1. Before the traveller is bound by any package travel contract or corresponding offer, the organising agency or, where applicable, the retailer shall provide the traveller with the standard information form for package travel contracts, together with the remaining characteristics and information about the trip in accordance with the legislation in force.

2. Persons with reduced mobility who wish to receive precise information on the suitability of the trip in light of their special needs, in order to assess whether it is possible and feasible to book the trip given its characteristics, must inform the organising agency or, where applicable, the retailer of that situation so that such information can be provided.

Under Regulation (EC) No 1107/2006, a person with reduced mobility means any person whose mobility when taking part in the trip is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation requires appropriate attention and the adaptation to their particular needs of the service made available to the other participants in the trip.

3. The pre-contractual information provided to the traveller in accordance with points (a), (c), (d), (e) and (g) of Article 153.1 of Royal Legislative Decree 1/2007 shall form an integral part of the package travel contract and shall not be changed unless the travel agency and the traveller expressly agree to do so.

Before the package travel contract is concluded, the organising agency and, where applicable, the retailer shall communicate to the traveller, in a clear, comprehensible and prominent manner, all changes to the pre-contractual information.

1. The agency must inform the traveller of the health formalities required for the trip and the stay, and of the conditions applicable to travellers in relation to passports and visas, including the approximate time needed to obtain visas, and shall be responsible for the accuracy of the information it provides.

2. The traveller must obtain the documentation required to take the trip, including the passport and/or national identity document, the required visas and/or authorisations, including the documentation needed for transit through third countries, and the documentation relating to health formalities. Any loss arising from the lack of that documentation shall be borne by the traveller, in particular the costs caused by interruption of the trip and any repatriation.

3. If the agency accepts the traveller’s request to process the visas required for any of the destinations on the itinerary, it may charge the cost of the visa and the handling fees for the steps it must take before the relevant diplomatic or consular representation. In that case, the agency shall be liable for any loss attributable to it.

1. A traveller who wishes to book a package makes a “booking request”. After that request, the retailer or, where applicable, the organising agency undertakes to take the appropriate steps to obtain confirmation of the booking.

2. If the traveller asks for a tailor-made package proposal to be prepared, the agency may require payment of an amount for drawing up the proposal. If the traveller accepts the package offer prepared by the agency, the sum paid shall be credited against the price of the trip.

3. If the agency has agreed to manage the booking, it shall be responsible for technical errors in the booking system that are attributable to it and for errors made during the booking process.

4. The agency shall not be responsible for booking errors attributable to the traveller or caused by unavoidable and extraordinary circumstances.

The package travel contract is formed when the booking is confirmed. From that moment, the package travel contract is binding on both parties.

1. The price of the package shall be paid at the place, in the manner and according to the payment schedule set out in the special conditions of the package travel contract. If financing is provided, the specific conditions given to the traveller shall apply.

2. If the traveller does not comply with the payment schedule, the agency may terminate the contract and apply the rules laid down for termination of the trip by the traveller before departure, as set out in Clause 13.

The services that make up the package travel contract are those described in the pre-contractual information provided to the consumer and shall not be changed unless the travel agency and the traveller expressly agree otherwise, as provided in Clause 1.3.

Before the trip begins, the travel agency shall provide the traveller with the receipts, vouchers and tickets needed for the services to be performed.

Unless otherwise stated in the pre-contractual information or in the special conditions of the contract:

a) In countries where there is an official classification of hotels or of any other type of accommodation, the brochure sets out the tourist classification granted in the relevant country.

b) Room occupancy times depend on the rules in force in each country and at each accommodation.

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

1. The traveller must be at the place indicated for departure with the advance notice indicated by the travel agency.

2. Any loss of or damage to hand luggage or other items that the traveller carries shall be at the traveller’s sole risk while they are in the traveller’s custody.

1. As a general rule, full board includes continental breakfast, lunch, dinner and accommodation. Half board, unless otherwise stated, includes continental breakfast, dinner and accommodation. As a general rule, those meals do not include drinks.

2. Special diets (vegetarian or other special regimes) are guaranteed only if they are recorded among the special needs accepted by the organiser in the package travel contract.

3. Pets will be accepted only if this is recorded among the special needs accepted by the organiser in the package travel contract.

1. The organising agency may modify the terms of the contract before the trip begins only if the change is insignificant and the organising agency itself or, where applicable, the retailer informs the traveller of that change on a durable medium in a clear, comprehensible and prominent manner.

2. If, before the trip begins, the organising agency is obliged to make significant changes to any of the main characteristics of the travel services, or cannot meet a special requirement of the traveller that was previously accepted, the organising agency or, where applicable, the retailer shall inform the traveller without delay, in a clear, comprehensible and prominent manner, on a durable medium, and the communication shall contain:

• the significant changes proposed and, where applicable, their impact on the price;

• a period of three (3) days from the communication for the traveller to notify their decision;

• a statement that, if the traveller does not communicate a decision within the stated period, the traveller will be deemed to have rejected the significant change and therefore to have chosen to terminate the contract without any penalty; and

• if the agency is able to offer it, the substitute package offered and its price.

The traveller may choose either to accept the proposed change or to terminate the contract without penalty. If the traveller chooses to terminate the contract, they may accept a substitute package offered, where applicable, by the organising agency or the retailer. That substitute trip should, if possible, be of equivalent or higher quality.

If the change to the contract or the substitute trip results in a trip of lower quality or cost, the traveller is entitled to an appropriate price reduction.

If the traveller chooses to terminate the contract without penalty or does not accept the substitute package offered, the organising agency or, where applicable, the retailer shall refund all payments made for the trip within no more than fourteen calendar days from the date of termination of the contract. For these purposes, paragraphs 2 to 6 of Clause 22 shall apply.

1. Prices may be increased by the agency only up to 20 calendar days before departure. Any such increase may be made only to adjust the price of the trip to variations:

a) in the exchange rates applicable to the package;

b) in the price of passenger transport resulting from the cost of fuel or other power sources;

c) in the level of taxes or fees on the travel services included in the contract, imposed by third parties not directly involved in the performance of the package, including tourist taxes, fees and surcharges, and landing, embarkation or disembarkation charges at ports and airports.

2. The contract shall state the date on which the items set out in the previous paragraph were calculated, so that the traveller knows the reference used to calculate price revisions.

3. The organising agency or, where applicable, the retailer shall notify the traveller of the increase, in a clear and comprehensible manner, with a justification of the increase, and shall provide the calculation on a durable medium no later than 20 days before the start of the trip.

4. Only if the price increase exceeds 8% of the price of the trip may the traveller terminate the contract without penalty. In that case, Clause 10 shall apply.

5. Just as the price may increase, the traveller shall be entitled to a reduction in the price of the trip for variations in the items in points (a), (b) and (c) of paragraph 11.1. In such cases, the organising agency and, where applicable, the retailer may deduct the actual administrative expenses of that price reduction.

1. The traveller may transfer their booking to a person who meets all the conditions required in the brochure, programme or package offer and in the contract in order to take the package.

2. The transfer must be communicated, on a durable medium, to the organising agency or, where applicable, to the retailer at least 7 calendar days before the start date of the trip. The agency may pass on to the traveller only reasonable costs and, in any event, costs not exceeding those actually incurred as a result of the transfer.

3. In all cases, the traveller and the person to whom the booking has been transferred are jointly and severally liable to the agency for payment of the balance of the price, and for any commission, surcharge and other additional costs that the transfer may have caused.

1. The traveller may terminate the contract at any time before the start of the trip and, in that case, the organising agency or, where applicable, the retailer may require the traveller to pay an appropriate and justifiable penalty.

The contract may specify a standard penalty that is reasonable, based on how far in advance of the start of the trip the contract is terminated and on the cost savings and income expected from alternative use of the travel services.

For that purpose, the following standard penalties are established, which the traveller expressly acknowledges and accepts:

• 60% of the total price of the package if termination takes place more than 45 days before the scheduled start date of the trip;

• 80% of the total price of the package if termination takes place between 44 and 31 days before the start date;

• 100% of the total price of the package if termination takes place within 30 days before the departure date.

These penalties reflect the non-recoverable costs already incurred by the organiser or the retailer, in particular those arising from transport and accommodation bookings, tourist services and other services contracted with third-party suppliers, and the reasonable impossibility of commercially reusing the services given how close the departure date is.

2. However, if unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity and significantly affect the performance of the trip or the carriage of passengers to the destination, the traveller may terminate the contract before it begins without any penalty and with the right to a refund of all payments made on account of the trip, without any right to compensation.

3. Those refunds or repayments shall be made to the traveller, after deducting the applicable penalty in the case of paragraph 1 above, within no more than 14 calendar days after termination of the package travel contract.

4. Travel, assistance or cancellation insurance contracts, or any other ancillary insurance cover that the traveller may have taken out, do not form part of the travel services included in the package. Accordingly, insurance premiums paid shall not be refunded by the organiser or the retailer. This is without prejudice to any rights the traveller may have against the insurer under the special and general conditions of the policy taken out.

Where the cancelled services that form part of the package are subject to special contracting conditions, the cancellation costs for withdrawal shall be those provided for in those conditions. In particular: (i) in programmes whose air transport is operated as a charter flight or under special air fares subject to restrictions and/or penalties, air tickets, once issued, will incur 100% charges; and (ii) for tours, car hire, apartments, holiday homes, guaranteed hotel allotments, services provided in certain countries or other services subject to special conditions, the cancellation costs shall be those agreed between the parties.

If the traveller fails to show up for departure, the traveller shall be obliged to pay the total price of the trip, including any amounts still outstanding, unless the parties agree otherwise.

If the organising agency cancels the contract for reasons not attributable to the traveller, it must refund all payments made by the traveller within no more than 14 calendar days from termination of the contract. The organising agency shall not be liable to pay any additional compensation to the traveller if the cancellation is due to the fact that:

• the number of persons enrolled for the package is lower than the minimum number specified in the contract and the organising agency or, where applicable, the retailer notifies the traveller of the cancellation within the period fixed in the contract, which shall be no later than: 20 days before the start in the case of trips lasting more than 6 days; 7 days for trips of between 2 and 6 days; and 48 hours for trips of less than 2 days;

• the organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances and the cancellation is notified to the traveller without undue delay before the start of the package.

In the case of contracts concluded away from business premises (meaning those defined in Article 92.2 of Royal Legislative Decree 1/2007), the traveller may withdraw from the trip booked for any reason and without penalty, with the right to a refund of the price paid for the trip, within 14 days of conclusion of the contract.

If the traveller observes that any of the services included in the trip is not performed in accordance with the contract, the traveller must inform the organising agency or, where applicable, the retailer of the lack of conformity without undue delay, taking into account the circumstances of the case.

Lack of conformity means the non-performance or improper performance of the travel services included in a package travel contract.

1. If any of the services included in the trip is not performed in accordance with the contract, the organising agency and, where applicable, the retailer shall remedy the lack of conformity, unless it is impossible or entails disproportionate costs, taking into account the seriousness of the lack of conformity and the value of the travel services affected. If the lack of conformity is not remedied, Clause 22 shall apply.

2. If none of the above exceptions applies and a lack of conformity is not remedied within a reasonable period set by the traveller, or the agency refuses to remedy it or it requires an immediate solution, the traveller may remedy it and request reimbursement of the necessary expenses.

3. Where a significant proportion of the travel services cannot be provided as agreed in the contract, the organising agency or, where applicable, the retailer shall offer, at no extra cost, suitable alternative arrangements for the continuation of the trip as planned and also where the traveller’s return to the place of departure is not provided as agreed.

Such alternative arrangements should, if possible, be of equivalent or higher quality and, if they are of lower quality, the organising agency or, where applicable, the retailer shall apply an appropriate price reduction.

The traveller may reject the alternatives offered only if they are not comparable to what was agreed in the package or if the price reduction is inadequate.

4. Where a lack of conformity substantially affects the performance of the trip and the organising agency or, where applicable, the retailer has not remedied it within a reasonable period set by the traveller, the traveller may terminate the contract without paying any penalty and, where applicable, request both a price reduction and compensation for the damage caused, in accordance with Clause 22.

5. If it is not possible to find alternative travel arrangements, or the traveller rejects them because they are not comparable to what was agreed for the trip or because the price reduction offered is inadequate, the traveller shall be entitled both to a price reduction and to compensation for damage, without the package travel contract being terminated, in accordance with Clause 22.

6. In the cases set out in paragraphs 4 and 5 above, if the package includes the carriage of passengers, the organising agency and, where applicable, the retailer shall also be obliged to offer the traveller repatriation in equivalent transport without undue delay and at no extra cost.

1. If it is impossible to ensure the traveller’s return as provided in the contract because of unavoidable and extraordinary circumstances, the organising agency or, where applicable, the retailer shall bear the cost of the necessary accommodation, if possible of an equivalent category, for a period not exceeding three nights per traveller, unless a different period is laid down in European passenger rights legislation.

2. The cost limitation in the previous paragraph shall not apply to persons with disabilities or reduced mobility (as defined in Clause 1.2 above) or their companions, to pregnant women, to unaccompanied minors, or to persons in need of specific medical assistance, if their particular needs have been notified to the organising agency or, where applicable, to the retailer at least 48 hours before the start of the trip.

The traveller shall follow the instructions given by the organising agency, the retailer or their local representatives for the proper performance of the trip, and the regulations of general application to users of the services included in the package. In particular, on group trips the traveller shall show due respect to the other participants and behave in a way that does not impair the normal conduct of the trip.

1. The organising agency and, where applicable, the retailer are obliged to provide appropriate assistance without undue delay to a traveller in difficulty, especially in the case of unavoidable and extraordinary circumstances.

2. In particular, that assistance must consist of:

a) the provision of appropriate information on health services, local authorities and consular assistance; and

b) assistance to the traveller in making distance communications and help in finding alternative arrangements.

3. If the difficulty has arisen intentionally or through the traveller’s negligence, the organising agency and, where applicable, the retailer may charge the traveller a reasonable fee for that assistance. That fee may not exceed the actual costs incurred by the agency.

1. The organising agency and the retailer shall be liable to the traveller for the proper performance of the travel services included in the contract, in accordance with the obligations corresponding to their area of management of the package, regardless of whether those services are to be performed by them or by other providers.

2. Notwithstanding the above, the traveller may address claims for non-performance or improper performance of the services that make up the package either to the organising agency or to the retailer. They shall be obliged to inform the traveller of the applicable liability regime, to handle the claim directly or by referring it to the party responsible, according to the area of management, and to inform the traveller of its progress, even if it falls outside their area of management.

3. Failure by the retailer to handle the claim shall mean that it is jointly and severally liable, together with the organising agency, to the traveller for the proper performance of the package obligations that correspond to the organising travel agency within its area of management. Likewise, failure by the organising agency to handle the claim shall mean that it is jointly and severally liable, together with the retailer, to the traveller for the proper performance of the package obligations that correspond to the retailer within its area of management.

In these cases, the retailer or the organising agency, as applicable, shall bear the burden of proving that it acted diligently in handling the claim and, in any event, that it began handling the claim immediately after receiving it.

4. The travel agency that is jointly and severally liable to the traveller for failure to handle the claim shall have a right of recourse against the organising agency or the retailer to which the non-performance or improper performance of the contract is attributable, according to their respective area of management of the package.

5. Where an organising agency or a retailer pays compensation, according to its area of management, grants a price reduction or complies with the other obligations imposed by this law, it may seek redress from third parties that contributed to the event giving rise to the compensation, the price reduction or the fulfilment of other obligations.

1. The traveller shall be entitled to an appropriate price reduction for any period during which there has been a lack of conformity, unless it is shown that the lack of conformity is attributable to the traveller.

2. The traveller shall be entitled to receive appropriate compensation from the organiser or, where applicable, the retailer for any damage suffered as a consequence of any lack of conformity with the contract.

3. The traveller shall not be entitled to compensation for damage if the organiser or, where applicable, the retailer demonstrates that the lack of conformity is:

a) attributable to the traveller;

b) attributable to a third party unconnected with the provision of the contracted services and is unforeseeable or unavoidable; or

c) due to unavoidable and extraordinary circumstances.

4. Where the services under the package travel contract are governed by international conventions, the limitations on the extent of, or conditions for payment of, compensation by the providers of services included in the trip shall apply to organising agencies and retailers.

5. Where the services under the package travel contract are not governed by international conventions: (i) compensation that the agency may have to pay for personal injury or for damage caused intentionally or through negligence may not be limited by contract; and (ii) the remaining compensation that the agencies may have to pay shall be limited to three times the total price of the package.

6. Compensation or a price reduction granted under Royal Legislative Decree 1/2007 and that granted under the regulations and international conventions referred to in Article 162.5 of the same Royal Legislative Decree 1/2007 shall be deducted from each other in order to avoid overcompensation.

7. IAG7 Viajes shall maintain the guarantees required by law to cover the performance of the obligations arising from the provision of its services and against insolvency, including, where applicable, the repatriation of travellers.

8. Before the traveller is bound by the contract, the details of the applicable guarantors shall be provided, including their contact details and, where applicable, those of the competent authority. Where IAG7 Viajes acts as retailer, the details of the organiser’s corresponding guarantee shall also be identified where applicable.

This package travel contract is governed by what the parties have agreed and by these general conditions, by the regional rules in force and applicable, and by Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the protection of consumers and users and other supplementary laws.

1. Without prejudice to the legal actions available to the traveller, the traveller may submit written claims for non-performance or defective performance of the contract to the retailer and/or the organising agency at the postal addresses and/or email addresses notified by the travel agencies for that purpose.

2. The agency shall reply to claims received as soon as possible and, in any event, within a maximum of 15 days of submission.

3. If the complaint or claim does not fall within the area of management of the agency that receives it, that agency shall inform the traveller and refer it without undue delay to the party responsible. In the case of IAG7 Viajes, where the claim does not fall within its area of management, it shall be forwarded to the party responsible for handling it within a maximum of 7 days and, if no reply is received within the following 7 days, the traveller shall be informed of that situation.

4. Where the claim has not been resolved satisfactorily, the traveller may turn to an alternative consumer dispute resolution body in accordance with Law 7/2017 of 2 November. Where applicable, IAG7 shall inform the traveller of the alternative dispute resolution body to which it is adhered or which is competent.

1. If the dispute is not subject to consumer arbitration, the traveller may bring a claim before the courts.

Actions arising from the rights granted to the traveller under the legislation applicable to package travel shall be time-barred after two years, in accordance with Article 169 of Royal Legislative Decree 1/2007 of 16 November.