I General Aspects
The technical organization of the offered trips in this travel program corresponds to the travel agency Focus On Women S.L. with licensce CICMA 2367 and CIF B86285574. The agency commercializes under the trademark Focus On Women. Focus On Women S.L., from now ‘the company’, and the natural person or legal entity contracting a trip, from now ‘the client’, are part of the contract. The company’s agent in the destination is the companion or receptive that appears in the additional documentation delivered to the client before the departure. In that documentation are also detailed the contact data with the agent in the destination.
II General Conditions of the Contract
Taking part in any trip offered by the Company implies the Client’s acceptance of these General Contract Conditions.
The tour programmes indicate details of prices, duration, itinerary, and minimum and maximum group size, as well as the specific conditions of the tour: detailed itinerary, services included and required documentation. Any aspects not reflected in these general conditions will be governed by the current legislation: Legislative Royal Decree 1/2007, of 16November, which approves the consolidated text of the Spanish Consumer and User Protection Act, and other complementary legislation, specifically Book IV on Package Travel.
III Rights and duties of the parts
The Company has the rights set forth below:
- to make adjustments to the tour, either for reasons outside the Company’s control or in order to improve the contents of the programme, duly notifying the Client of any such adjustments;
- to cancel the tour because the minimum number of persons required to form the group has not been reached or for reasons of force majeure, by which is understood abnormal, unforeseeable circumstances beyond the control of the invoking party, the consequences of which could not have been avoided, even with the exercise of due diligence;
- to rescind the contract before or during the tour in the event of inappropriate behaviour on the part of the Client which obstructs the smooth running of the programmed activities.
The Company is bound by the obligations set forth below:
- to offer the Client a clear and precise tour programme or leaflet, containing all the information required by law;
- to inform the Client of adjustments or cancellations which may arise within a 10-day period;
- to provide all the services purchased by the Client as detailed in the tour programme;
- to advise the Client on the specific conditions and characteristics of the tour destination;
- to advise the Client of any special documentation such as visas, immunisations and other medical clearances which may be required by the destination country.
The Client has the rights set forth below:
- to receive detailed information about the tour;
- to receive a full refund of the sum paid in the event of cancellation for reasons attributable to the Company, or a partial refund in the event of cancellation on the part of the Client.
The Client is bound by the obligations set forth below:
- to effect a payment of 50% of the total price in order to reserve a place on the tour;
- to settle the balance of the price of the tour no later than 20 days before departure;
- to notify the Company of withdrawal from the tour and comply with the legal provisions applicable in such cases;
to carry a valid original passport or identity document, as applicable, in addition to any other documents specific to each destination.
At the time of booking, the payment of a deposit of 50% of the total cost of the tour will be required, unless the service providers’ economic situation imposes the advance payment of a different amount. The booking will not be considered definitive until this deposit has been paid. The balance of the total cost will be payable no later than 20 days before the group’s departure. Failure to pay the balance before the deadline will result in the cancellation of the booking and the application of the costs described in section VI.II of this contract.
The all-inclusive final price which appears in the Package Tour Contract includes tax and has been calculated according to the exchange rate, transport tariff, fuel costs, duties and taxes as at 1 January, 2013. The price may be revised up to 20 days before the anticipated departure date and any variations charged to the Client in the event of fluctuations in transport costs, duties or taxes on certain services and on the rates of exchange applicable to the tour.
In the event that a client’s application for a double room is unable to be fulfilled due to an uneven number of clients in the group, the last client to have secured a booking will be obliged to accept an individual room and the charges corresponding to it.
VI Adjustments to the programme and cancellations
The Company is bound to provide all the services purchased by the Client. Notwithstanding, the tour programme may be cancelled or subjected to changes due to the actions of third parties, variations in climatic or geographical conditions, problems with hotel or airline intermediaries, war or political circumstances, unforeseeable events, or other reasons beyond the Company’s control, including cases of force majeure. In such cases the Company will not be liable, though it will facilitate the resolution of any matter arising from these.
If a significant adjustment to the essential elements of the tour is made before the departure date for reasons other than those provided above, as a result of failure to reach the minimum group size or for any other reasons attributable to the Company, the Client has the option to either request a total refund of the sums paid or accept the adjustments, thereby renouncing the right to any compensation.
In the event of cancellation for the reasons stated in the previous paragraph, the Client may either apply for a full refund or use the sums already paid to purchase a different tour.
In the event of cancellation subsequent to completion of the booking or acceptance of any adjustments, the Client will be bound to pay the Company the following penalty charges:
- 15% of the cost of the tour in management fees;
- between 15% and 30% in cancellation fees, subject to internal agreements with agents;
- 5% of the total cost of the tour as a penalty if cancellation occurs with more than 10 and less than 15 days’ notice of the tour departure date;
- 15% of the total cost of the tour as a penalty if cancellation occurs with more than 3 and less than 10 days’ notice of the tour departure date;
- 25% of the total cost of the tour as a penalty if cancellation occurs within 48 hours of the tour departure date;
- 100% of the total cost of the tour as a penalty if the Client fails to report to the point of departure, in addition to any amounts which may be outstanding, unless the parties agree otherwise.
Cancellation on the part of the Client must be made in writing to the following email address: [email protected]
The Client must notify the Company and, where applicable, the service provider in question, of any non-compliance with the terms of the contract within 7 days of completion of the tour
All the package tours offered by the Company include travel protection and trip cancellation insurance provided by the company INTERMUNDIAL. Details of the insurance are included in the additional documentation supplied to the Client before departure. The specific conditions of the insurance are available to the Client at any time.
The Client must carry the following documents with her at all times:
- valid original passport or identity document, depending on the destination;
- visas, immunisations and other medical clearances where these are required by the destination country;
- number of the insurance policy and the certificate provided by the Company prior to departure.
The Client is responsible for any consequences arising from the invalidity of these documents or her failure to carry them.
Non-Spanish nationals must ensure that they meet the visa requirements of the destination country and assume the consequences of any failure to do so. Clients under 18 years of age must carry a letter of authorisation signed by either both parents, or by the custodial parent or guardian.
X Geographical risk areas
In addition to the information supplied by the Company, the Client is advised to consult the website of the Ministry of Foreign Affairs (http://www.mae.es) and any other medium for specific recommendations for these destinations.
XI Physical condition
A high level of physical fitness is not a requirement for joining the majority of our tours, which are designed to be enjoyed by people who wish to spend some of their vacation time trying to get to know the world around us a little better.
Due to the nature of the places we visit and the type of tours we offer, and the emphasis we place on enabling our clients to meet people and take part as an active spectator, some destinations may not be able to offer quality of services (including hotels, facilities, transport, roads and food) on a par with the standards of developed countries. Some of these aspects are inherent and unavoidable characteristics of the destination countries and therefore may not be claimed as defects, shortcomings or anomalies.
XII Termination of contract
The Company or the Client may at any time cancel the requested or agreed services in the event of non-compliance with the conditions previously indicated in this contract, with the corresponding liability that may arise.
Likewise the Company may proceed to terminate the contract, either before or during the tour, in the event of inappropriate behaviour on the part of the Client which obstructs the smooth running of the programmed activities. In this event, the sums paid and other expenses incurred by the Client will not be refunded, independently of any civil or criminal liability arising from her behaviour.
The contract will likewise be terminated during the tour if the Client engages in any illegal activity (whether illegal in Spain or illegal in the destination country), with special reference to the sexual abuse or exploitation of children. In this event, the sums paid and other expenses incurred by the Client will not be refunded, and the Client will be reported to the appropriate authorities.
XIII Data protection
Pursuant to the provisions of the Data Protection Act 15/1999, the Client is advised that the personal data she supplies to the Company will be incorporated into Focus on Women S.L.’s CLIENTS-SUPPLIERS database for the purpose of monitoring and managing the services and products offered, enabling the Company to improve the performance of its activities and the guarantee it makes to its clients. The Client may exercise her right to access, cancel, rectify and oppose the use of her data by writing to [email protected] and attaching valid proof of identity.