TERMS & CONDITIONS
The reservation of any combined trip made by the traveler implies the total acceptance of these general conditions, which will be incorporated into all contracts that have as their object any of the aforementioned trips, forming part of these, and being mandatory for both parties.
2. Scope of application.
These general conditions will apply to all package tours organized by RIDERS IN SPAIN TOURS (hereinafter RIS) regardless of the way in which they have been contracted.
3.- Legal Regime.
These General Conditions are subject to the provisions of Book IV of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws and other current provisions.
4.- Details of the Organizer.
The Organization of the combined trip has been carried out by RIDERS IN SPAIN., C.I.F. B-86745171, with address at C / Piamonte 15, 2º D, 28004 MADRID. CIGMA 2937 license title.
5.- Hiring process of the combined trip.
RIS has made a conditional offer to the traveler included in a brochure or budget, either on a physical or durable digital medium.
RIS provides the traveler with a link to an electronic form, which they will fill in with the necessary information to make the reservation.
RIS will send an email with the information provided by the traveler for verification, the commercial information, and the General Conditions. Once the information is confirmed, the traveler must sign the application and the General Conditions and return it to RIS. RIS will not process the reservation of any form that has not been completed in its entirety and signed by the traveler.
Once the completion of the trip is confirmed by RIS when the minimum number of people for its execution is reached, RIS will send the service contract for signature, and the first payment of 30% of the amount of the trip will be requested. The traveler must send the signed contract with the bank receipt of the first payment.
After the traveler’s confirmation, the organizer will take the necessary steps to obtain from each supplier the confirmation of the requested travel services.
The prices are indicated in the commercial and services proposal provided at the time of registration.
6.1. The price of the combined trip includes what appears in the combined trip contract provided to the traveler.
6.2. The price of the combined trip does not include: 1. Visas, entry and exit taxes, tourist taxes or similar. 2. Vaccination certificates, “3. Extras ”such as coffees, wines, spirits, mineral waters, special diets, not even in the case of full or half board, unless otherwise expressly agreed in the contract, 4. Washing and ironing of clothes 5. optional hotel, and, 6. In general, any other service that is not expressly included in the package travel contract. 7. Excursions or optional visits: In the case of excursions or optional visits not contracted at origin, it must be borne in mind that they are not part of the combined travel contract. Its inclusion in the brochure, technical sheet or budget is made for informational purposes ”. On the other hand, these excursions will be offered to the consumer with their specific conditions and definitive price independently, not guaranteeing until the moment of their hiring at destination the possible realization of them. 8. Tips: Tips are not included in the price of the package trip. The traveler is informed that due to the uses and customs in certain destinations, the tip becomes practically mandatory.
6.3. Price review:
The price of the package trip has been calculated based on currency exchange rates, the price of passenger transport derived from the cost of fuel or other energy sources, fees and taxes, including fees, taxes and Tourist surcharges for landing and boarding or disembarking at ports and airports, applicable on the date of creation of the offer.
Any variation in the price of the aforementioned elements may lead to the revision of the final price of the trip, both upwards and downwards, in the strict amounts of the aforementioned price variations. These modifications will be notified in writing to the traveler. In no case will the price of the trip be revised upwards in the 20 days immediately prior to the departure date. If the price increase exceeds eight percent of the price of the package, the traveler may terminate the contract.
6.4. Modalities and Method of payment.
With the completion of the reservation form, no deposit is requested, unless the completion of the trip has been confirmed.
At the moment in which the completion of the trip is confirmed because the minimum number of participants has been reached, the first payment of 30% of the total amount of the trip will be requested. This deposit is intended to cover the main fixed expenses generated from the reservation, such as transportation by motorcycle truck or the reservation of plane tickets.
180 days before the start of the tour, the traveler must have paid 80% of the total price of the trip.
The remaining 20% must be paid no later than 90 days before the start of the tour.
If the total price of the trip is not paid on the dates indicated, it will be understood that the traveler desists from the requested trip, the conditions provided in clause 7 being applicable.
6.5. Cancellation of the trip by the organizer. Deadline.
The organizer may cancel the contract and reimburse the traveler for all the payments that he has made, but will not be responsible for any additional compensation if:
a) the number of people registered for the combined trip is less than the minimum number specified in the contract and the organizer notifies the traveler of the cancellation within the period set therein, which will be at the latest:
1st sixty calendar days before the commencement of the package trip in the case of trips lasting more than six days,
2nd thirty calendar days before the start of the package trip in the case of trips between two and six days in length,
3. seven calendar days before the commencement of the combined trip in the case of trips of less than two days duration, or
b) the organizer is unable to perform the contract due to unavoidable and extraordinary circumstances and the cancellation is notified to the traveler without undue delay before the start of the package trip.
The organizer will provide the reimbursements required in the previous sections to the traveler without undue delay and, in any case, within a period of no more than fourteen calendar days after notification.
7.- Termination of the contract by the traveler.
The traveler may withdraw from the contracted trip at any time, if he communicates it before the start of the combined trip. In this case, he must pay the following penalties:
|Number of days prior to departure||Cancellation fees per person in case of confirmation of the trip|
|More than 180 days||The amount of flight and 5% management fee|
|180 – 90 days||75% of tour price|
|89 – 60 days||90% of tour price|
|Less than 60 days before departure||No refund|
The agreed penalty will not be applicable when there are unavoidable and extraordinary circumstances in the place of destination or in the vicinity that significantly affect the execution of the combined trip or the transport of passengers to the place of destination. In this case, the traveler will be entitled to a full refund of any payment made, but not to additional compensation.
8.- Transfer of the reservation.
The traveler may assign his reservation to a third person as long as he communicates it at least seven calendar days before the start of the combined trip. The assignee will have to meet the same requirements as the transferor, generally required for the combined trip, and both will be jointly and severally liable for the amount pending payment of the agreed price, as well as for any commission, surcharge or other additional costs derived from the assignment. The organizer will inform the transferor of the actual costs of the transfer. Such costs will be reasonable and, in any case, will not exceed the costs actually borne by the organizer as a result of the transfer. The organizer will provide the transferor with evidence of the commissions, surcharges or other additional costs derived from the assignment of the contract within a reasonable time, upon request by the traveler.
9.- Modifications before the start of the combined trip.
The provision of the combined trip will be carried out in accordance with that contracted by the parties, and may undergo alterations in the following cases:
a) that it is necessary to review the price according to what is stated in section 6.3
b) that the change is insignificant, for which the RIS is empowered
c) that it is necessary to substantially modify any of the main characteristics provided in the pre-contractual information
d) that it is not possible to meet the previously accepted special needs of the traveler
e) that it is necessary to modify the price by a percentage higher than 8%.
In the cases set out in letters c), d) and e) the traveler may accept the proposed change, accept a substitute trip of equivalent or higher quality if possible, or terminate the contract without any penalty.
Any modification will be communicated to the traveler without delay, stating the proposed modification, the period in which he must reply, the indication that his lack of response will imply that he opts for the resolution without penalty and, where appropriate, the substitute combined trip offered, its price and the return that may correspond.
In the event that the traveler chooses to terminate the contract, the refund of the price will take place within 14 calendar days from the notification of said option, without prejudice to their right to receive compensation for any loss or damage that suffers and can prove as a consequence of the resolution.
10.- Execution of the contract.
When a significant proportion of the travel services cannot be provided as agreed in the package travel contract, the organizer will offer, at no additional cost to the traveler, suitable alternative formulas, if possible of equivalent or higher quality than those specified. in the contract, for the continuation of the combined trip, also when the return of the traveler to the place of departure does not take place as agreed.
If the alternative formulas proposed give rise to a package trip of a lower quality than that specified in the contract, the organizer or, where appropriate, the retailer will apply an appropriate price reduction to the traveler.
The traveler may reject the proposed alternative formulas if they are not comparable to what was agreed in the package travel contract or if the price reduction granted is inappropriate.
11.- Lack of conformity.
The services of the combined trip will be understood to be provided in accordance, unless the traveler states otherwise, in which case he must inform the organizer without undue delay. To make it effective, you must grant them a reasonable period of time that gives them a real possibility of rectification. This period will not proceed in the event that there is evidence of the refusal to correct by the organizer or retailer or in those cases in which an immediate solution is required. After the period granted without correction by the organizer or retailer, the traveler may do it himself and request the reimbursement of the necessary expenses.
The Organizer and, where appropriate, the retailer, depending on the circumstances of the case, must:
a) remedy the lack of conformity, unless it is impossible or if this entails a disproportionate cost, taking into account the seriousness of the lack of conformity and the value of the travel services affected.
b) reduce the price appropriately for the period during which there has been a lack of conformity, unless the organizer or the retailer demonstrates that the lack of conformity is attributable to the traveler.
c) indemnify for any damage or harm suffered by the traveler as a result of any lack of conformity, without undue delay, unless it is attributable to the traveler, or to a third party unrelated to the provision of the contracted services and unforeseeable or unavoidable, or due to unavoidable and extraordinary circumstances.
The compensation for damages that the organizer must pay will be restricted by those limits applicable to the travel service providers included in the package trip.
In the case of non-bodily damage, the compensation will have a limit of three times the amount of the total price of the trip as long as there is no fraud or negligence in the production of the damage and must always be accredited by the traveler.
The above limitations will not apply to personal injury.
The traveler will have the right to present claims in accordance with this law and the following Regulations
a) Regulation (EC) No. 261/2004 of the European Parliament and of the Council, of February 11, 2004, which establishes common rules on compensation and assistance to air passengers in the event of denied boarding and cancellation or long delay of flights, and Regulation (EEC) No. 295/91 is repealed.
b) Regulation (EC) No. 1371/2007, of the European Parliament and of the Council, of October 23, 2007, on the rights and obligations of rail passengers.
c) Regulation (EC) No. 392/2009 of the European Parliament and of the Council, of April 23, 2009, on the liability of passenger carriers by sea in the event of an accident.
d) Regulation (EU) No. 1177/2010 of the European Parliament and of the Council, of November 24, 2010, on the rights of passengers traveling by sea and inland waterways and amending the Regulation ( CE) No. 2006/2004.
e) Regulation (EU) No. 181/2011 of the European Parliament and of the Council, of February 16, 2011, on the rights of bus and coach passengers and amending Regulation (EC) n. º 2006/2004.
f) International conventions.
The compensation or price reduction granted by virtue of Royal Legislative Decree 1/2007 and the previous regulations and, where appropriate, the applicable international agreements will be deducted from each other to avoid excess compensation.
The traveler is obliged to take the necessary and / or appropriate measures to try to reduce the damages that may arise from the non-execution or defective execution of the contract to prevent it from worsening. The damages that derive from not having adopted such measures will be the responsibility of the traveler.
12.- Traveler assistance.
The organizer must provide adequate assistance and without undue delay to the traveler in particular difficulties by: providing adequate information on health services, local authorities and consular assistance, and assistance to the traveler in establishing distance communications and assistance in find alternative travel formulas. The organizer may invoice a reasonable surcharge for such assistance if the difficulty has originated intentionally or through negligence of the traveler. Said surcharge will in no case exceed the actual costs incurred by the organizer.
13.- Particularities of the combined travel service.
13.1 Air travel. Presentation at the airport. In air travel, the presentation at the airport will be made at least two hours in advance of the official departure time, and in any case the specific recommendations indicated in the travel documentation provided when signing the contract will be strictly followed.
The quality and content of the services provided by the hotel will be determined by the official tourist category, if any, assigned by the competent body of the country.
14. Passports, Visas and Documentation
The organizer will provide the traveler with general information on passport and visa requirements, including the approximate time to obtain visas, and information on health procedures for travel and stay in the destination country.
If the granting of visas is rejected by any Authority, for particular reasons of the traveler, or their entry into the country is denied due to lack of the requirements that are demanded, or by default in the required documentation, or for not being a bearer of the In itself, the organizer declines all responsibility for events of this nature, with the traveler being responsible for any expenses that may arise, applying in these circumstances the conditions and standards established for cases of voluntary withdrawal of services.
15. Prescription of actions derived from the contract.
The limitation period of the rights recognized in Book IV of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, It will be two years, as established in art. 169 of the aforementioned legal text.
16. Applicable law.
The legal relationship between the organizer and the traveler will be subject to Spanish common law.
17. Settlement of disputes.
The traveler may make claims in writing for the non-performance or poor performance of the contract before the organizer and, where appropriate, the retailer.
Once the claim is received, the organizer will respond to it in the shortest time possible in accordance with current legislation.
The exclusive place of jurisdiction for all disputes related to this contractual relationship will be Madrid. Spain.
These general conditions may be modified, in whole or in part, unilaterally by the organizer, those that were in force at the time of its perfection shall apply to the package travel contract.