1. - Normative legal applicable. The contractual relation between the organizing agency of the trip (ANDEAN EXPERIENCE LIMITED LIABILITY COMPANY residing in Martin of Heros 31, 28008 Madrid, CIF: B-83908780) and the client is in force by the clauses of the contract of combined trip, by the list of credits of the trip that details its definitive content and by the present general conditions, all written up according to which has Law 21/1995 6 of Julio regarding the Combined Trips (BOE 7/7/1995), Law 7/1998, of 13 of April, on General Conditions of Hiring (14/4/98) and in Law 26/1984, of 19 of Julio; General for the defense of the consumers and effective users) BOE 24/7/84) and other dispositions. The present General Conditions will be gotten up, signed by the contracting parts to all the contracts of combined trips, with the particular conditions that are agreed to in the contract or which they consist in the documentation of the trip facilitated at the same time as the subscription of the contract.
The contracting parts are put under the jurisdiction of the courts of Madrid specifically to solve the discrepancies or claims that provoke the interpretation or the execution of the contract of combined trip and these general conditions, and resign to the own law in case it is different.
2. - Inscription to the trip and payment of the same. The act of inscription in the trip and the consideration of reserve demands that the client, at the request of the Agency has satisfied an advance payment nonsuperior to 40% with the budgeted total amount, unless the economic conditions of the suppliers impose the advanced payment of another amount. The remaining amount will have to be paid when the contract of combined trip becomes serious and in any case no later than 15 days before the anticipated date of exit. Once subscriber the total amount of the trip, will remember with the client the delivery the bonds, tickets or documentation, according to the characteristics of the trip (individual, groups, etc.) in the office, airport, etc.
Of not coming itself to the payment of the total price of the trip in the indicated conditions, he will be understood that the client stops of the asked for trip, being to him of application the conditions anticipated in the clause fifth of this conditional one.
3. - Modification of the trip on the part of the organizer When the organizer is itself forced to modify of significant way the essential elements of the trip he will have, it to notify in writing the client as rapidly as possible so that this one can choose between terminating the reserve or the contract, with right to the complete reimbursement of the paid amounts, or accepting the consequences of the modification of the initial trip. In the case that the client does not communicate in writing his decision in the three working days following to the notification of the modification, it will be understood that it decides on the rescission of the reserve or the contract.
Sufficient causes for the modification of the trip are considered the cases of greater force (other people's, abnormal and unforseeable circumstance) and when the number of people demanded for the accomplishment of the trip does not concur.
4. - Contractual Condition
The accomplishment of the trip is conditional to the inscription of I number minimum of people indicated in the supply of the trip. In the case that is not reached that I number minimum, the AGENCY can cancel the trip without right of indemnification for the client whenever communicates it in a maximum term of 10 days natural before the date anticipated for its beginning. In such circumstance the client will have right to recover the amounts already paid to the Travel agency
5. - Dropping of the claim on the part of the client If the client stops of the trip, after the formalization - al less of the demanded deposit to consider the reserve firm, she will have to compensate to the travel agency being paid the just expenses of management, expenses of cancellation (caused to the organizing agency and the tourist suppliers) and a consisting of penalty 5% of the total amount of the trip if the cancellation takes place between the 15 and the 10 natural days previous to the date of beginning of the trip, in 15% if it takes place between the 10 and the 3 days, in 25% if it stops in the 48 previous hours and the 100% if one does not appear In any case to the estimated time for the exit, the economic consequences of the cancellation in cases of special conditions of hiring (as tariffs of transport of reduced price or economic exigencies in certain services of suppliers) repel on the client whenever the contract has put record.
6. - Price of Viaje The price of the trip offered in the advertizing pamphlet includes the tax on the added value when he is applicable, and it is understood effective during the season that is indicated. The price can be reviewed up to 20 days natural before the date of exit in the case that are variations in the cost of the transports (including the cost of the fuel), in the rates and referring taxes to certain services (like those of landing, embarkment or disembarkation in ports and airports) and in the types of change applied to the trip. Before the variation of the price, the client can accept I supplement or to stop of the reserve or, if she comes, of the contract that has formalized.
7. - Establishments of lodging The content and the quality of served by the establishment of tourist lodging are determined by the specified local tourist category in the contract or the list of credits. In the case that this classification does not exist, must leave to certainty in the contract of the description and the own characteristics of the establishment.
8. - Documentation
The client has the obligation to also document always national of identity and, in case she demands herself, the passport in the original and effective units. The agency must have to inform on special documents (like visas, medical certificates of vaccination or health, etc.) that demand the place of destiny of the trip for the entrance in the country, and the client assumes as much its procedure specifically as the derived consequences of not taking them or the cause that is not been worth. The foreign clients must make sure that they fulfill the exigencies in the matter of visas with the purpose of to enter, to leave and to circulate without problems around the destiny country, and assume the consequences of the breach. The minors of 18 years must both document authorizes that them to realize the trip, signed by parents, the person that shows the mother country power (in the case of separated or divorced marriages) or if so by the tutor.
9. - Cession of the reserve
The client can yield his reserve to one third person she communicates whenever it to the agency 15 days ahead to the date of the beginning of the trip and that this specifically is not prohibited in the advertizing pamphlet.
10. - Responsibility
The organizing agency must respond of the consequences that are derived from the nonexecution or the deficient execution of the contract in proportion to their intervention in the management of the combined trip. Despite this, it will be exempted of this responsibility or when a cause of greater force (other people's, abnormal and unforseeable circumstance) or an event exists that neither the organizing agency nor the suppliers have been able to avoid having even run the errand necessary, or when the cause is imputable to the client or a third party. The client is forced to communicate the organizing agency, as soon as it is possible in writing and, any breach in the execution of the contract that she has verified in situ. In the group trips, the modification of the initial contract will be able to be admitted whenever the alteration of the itinerary or the substitution of services that are justified by climatologic circumstances, unexpected impositions of the suppliers in the zone or for reasons of the limited local infrastructure. Any other alteration of the route will have specifically to be approved by the unamimity of the group and to be allowed by the AGENCY.
11. - Information that the Agency must facilitate the client
Besides the properly informative documentation regarding the selected trip, the Agency will facilitate the pertinent information regarding the contracted or optional, referring insurances to expenses of cancellation, and/or an insurance of attendance covering the expenses of repatriation in case of accident, disease or death; and information of implicit the probable risks to the destiny of the trip contracted in accordance with the General Law of Defense of Consumers.
12. - Minimum Surely obligatory
When the reserve is only carried out with a minimum anticipation of one week to the date of exit, it includes for the trips nonsuperiors to thirty days, an obligatory minimum insurance with the following summary of covers:
Deprived Civil responsibility: 30.000 €
Attendance: Medical, surgical expenses and of hospitalization: by incurred expenses abroad derived from a disease or happened accident abroad: 3.006 €. If outside in Spain 602 €.Prorroga in stay in hotel with 31 €/día until limits of 310€; Displacement of a companion in case of hospitalization: limitless; Stay of the displaced companion with 31 €/día until limits of 310€; wounded or ill repatriation or sanitary transport of: limitless; Repatriation or transport of deceaseds: limitless; Ticket of return of the insured by death or hospitalization of a direct relative, or by serious wreck in the home or the office; Transmission of urgent messages: limitless;
Accidents: Death 6,000 €; Dissability 6,000 €;
Luggage: Material losses of the invoiced luggage: In Spain 151€; Abroad 301 €; Search, location and shipment of luggage: limitless.
Including service of attendance 24 hours with gratuitous call to collection reverted to the telephone 91-3441155. . According to it is deduced of the general conditions established in the Policy nº 07620002213/05, contracted by Andean Experience SL with Compañía Europea de Seguros S.A.; mountain c 213; 28016 MADRID.
This summary of guarantees is for a reason or purpose informative, not replacing the General Conditions of the Policy that will prevail in case of discrepancy.
(For an insurance with more covers to see the additional information on an Optional Insurance)
Use These clauses of general conditions have been written up on the 1 of January of 2005 and have an indefinite use.