Terms and conditions

GENERAL CONDITIONS

The present document sets out the Use General Conditions of the services provided through the website of GARNATA TOURS, this company reserves the right to modify and update them periodically without previous notice to users.

The present use conditions do not exclude the possibility that certain services provided through this website, due to its special characteristics, shall be subject to their own specific use conditions.

Users who contract services through the website of GARNATA TOURS do hereby declare being of full legal age (18 years old). In case of contracts of minors, the parents or guardians authorization shall be required in order to enjoy the contracted service. In case of doubt, please contact our customer service: (+34) 958 261729 or e-mail garnatatours@garnatatours.com

 

1. EMPLOYER IDENTIFICATION

Garnata Tours, commercial name belonging to Garnatalia SL, with registered office in Camino de  Ronda 53 2ªC (oficina 6 ) 18004 Granada. C.I.F. [Fiscal Id. No.]: B-19506146.

Registry Data.

Registered in the Mercantile Registry of Granada, T 1471, F 182, S 8, H GR 42232, I/A 1 (30.10.12), CIAN-186169-3 and under the supervision of the tourist authority of the General Direction of Tourist Planning

 

1. DESCRIPTION OF SERVICES

Through the website of GARNATA TOURS, users are offered both direct contracting of certain leisure services and combined trips, and access various information about travel and tourist services, also to contract online some of the services offered therein.

Through this website users can find information about the products of GARNATA TOURS, in some cases users can contract them online, and for which GARNATA TOURS provides content and service on behalf and on its own.

 

*** The information related to each contracted activity shall be detailed in the special conditions of each one of them ***

 

1. PRICE AND PAYMENT

The right to receive or enjoy any contracted Service shall take only effect in the moment that Garnata Tours shall charge validly in the provided credit or debit card or shall receive in those cases where it is allowed, the transfer of the total amount of the purchase. Garnata Tours reserves the right to cancel any reservation in case of non-payment, payment return, denied card, false data provided or in case of manifest impossibility to check and verify the provided card. Users shall be reliable for the ownership of the credit or debit card and that there is enough balance to cover the costs of the contracted Service.

Garnata Tours shall send to the customer a Voucher by email which specifies the contracted services. The necessary reference number in the Voucher confirms the reservation by Garnata Tours. If the User does not receive it within the first 24 hours from the completion of the reservation, please contact the Customer Service Department of Garnata Tours.

OUR PRICES INCLUDE: all described services, according to BROCHURE/WEB and Section, include every product/program or trip of our web www.garnatatours.com, being understood that what it is not specifically listed as included in the trip or tourist service shall not be included in it. These products and services may also include the Section Do Not Include when required

OUR PRICES DO NOT INCLUDE: Visas, fees, extras such as coffee, spirits, mineral water, special diets, specific shoes for activities, washing and ironing, hotel optional services, parking or TV rental, etc. In case optional tours are not included in the trip, no definitive prices shall be given nor will they be guaranteed until it has been contracted after the departure date. For the practice of outdoor activities, we highly recommend a special insurance for the materials transportation. Any other service not specifically listed in the section “Our price includes” or not listed in the program/offer, in the contract, or in the documentation provided to the consumer by contracting.

 

The price of each contracted activity or service shall be detailed perfecting the contract, detailing clearly and understandably each one of the concepts to be invoiced, being expressly consent by the client. Also, for the services which involve a payment obligation, express reference shall be made to inform that there is “request with payment obligation” (Art. 98.2)

The payment for the services may be through credit or debit card, bank transfer or in cash

 

 

 

1. RIGHT OF WITHDRAWAL

At all times the user or consumer may cancel the contracted services, having the right to be refunded the amount he/she had paid, whether it is the total price as the or the deposit, but he/she shall indemnify the Agency by the concepts given hereunder:

ONLINE SERVICES:

1.     In case of single services: all management cost, plus the cancellation expenses, if incurred into. In case of combined trips, and except cancellation is due to force majeure causes:

·         Management costs:

·         Tourist Services management costs, depending on the amount to be paid, the expenses would be as follows: from 10 to 30 euros (VAT INCLUDED): 5 euros (VAT INCLUDED) / from 30 to 300 euros (VAT INCLUDED): 15 euros (VAT INCLUDED) / more than 300 euros (VAT INCLUDED): 25 euros (VAT INCLUDED).

·         Combines trips management costs: 50 euros (VAT INCLUDED).

·         Cancellation fees: 20 euros (VAT INCLUDED).

·         A penalization, consisting in the 5% of the total amount of the trip if the withdrawal occurs with more than ten working days and fifteen calendar days before the date the trip starts; the 15% between the days 3 and 10, and the 25% within the previous 48 hours. If clients do not appear at the departure hour they shall not be returned any amount paid, unless the parties agree otherwise.

·         Special conditions: in the event that any of the contracted and cancelled services were subject to contract economic special conditions, such as charter of planes, ships, special rates, etc., the cancellation fees for withdrawal shall be established in accordance with the terms agreed between the parties.

 

"You also have the option to electronically fill in and submit the withdrawal form model or any other unequivocal statement through our website [WWW.GARNATATOURS.COM]. If you use this option, we shall confirm without delay in a durable medium (by email) the reception of such withdrawal”

 

Withdrawal Form Model

(You just have to fill in and submit the present form if you want to withdrawal from the contract)

– For the attention of (here you have to insert the name of the employer, the complete address and, if you know them, the fax number and email address):

– Hereby, I confirm / we confirm you (*) the withdrawal from my / our (*) sale contract of the following good/service (*)

– Delivered the / Received the (*)

– Name of the consumer and user or of the consumers and users

– Address of the costumer and user or of the consumers and users

– Signature of the consumer and user or of the consumers and users (only if the present form is delivered on paper)

– Date

 

 

OFFLINE SERVICES:

1.     In the case of single services: the all management costs, plus de cancellation costs, if incurred in those.

2.     In the case of combined trips, and except the withdrawal occurs for reasons of force majeure:

·         Management costs: 20 euros (VAT INCLUDED).

·         Cancellation costs: 20 euros (VAT INCLUDED).

·         A penalization, consisting in the 5% of the total amount of the trip if the withdrawal occurs with more than ten working days or fifteen calendar days before the date the trip starts; the 15% between the days 3 and 10, and the 25% within the previous 48 hours. If clients do not appear at the departure hour they shall not be returned any amount paid, unless the parties agree otherwise.

·         Special conditions: in the even that any of the contracted and cancelled services were subject to contract economic special conditions, such as charter of planes, ships, special rates, etc., the cancellation fees for withdrawal shall be established in accordance with the terms agreed between the parties.

* Once the plane tickets have been issued they carry the 100% of the costs. Please see the extended information in section FLIGHTS.

* Cancellation by users carries in any case 20 euros (VAT INCLUDED) as cancellation management costs. This amount shall not be charged when the reservation is cancelled because some of the requested services by the client have not been confirmed.

*INSURANCE: In no case, if any insurance has been contracted, this shall be refundable.

 

IMPORTANT NOTES TO BE TAKEN INTO CONSIDERATION

    HOTELS:

Management costs:

Any changes of modifications after-sales shall carry 10 euros of management costs per reservation in case of domestic hotels and 15 euros in case of international hotels.

Cancellation fees:

The amount of cancellation costs is defined by the hotel itself.

Repayment of amounts received by the employer.

 

When the consumer and user has exercised the right of withdrawal, the employer shall reimburse the amounts paid by the consumer and user without deducting costs. The repayment of these amounts shall be done without undue delays and, in any case, within the first 14 calendar days after being informed about the decision of withdrawal from the contract by the consumer and user.

After this period without the consumer and user having recovered the due amount, he/she shall have the right to claim it duplicated, without affecting the possible compensations for damages caused in excess of this amount.

The employer is responsible to prove the accomplishment of the deadline

1. USER OBLIGATIONS

The client has the obligation to inform about states of pregnancy, paraplegia, any type of allergies or cardiovascular illnesses which may cause a risk to him/herself and/or to the other participants of the Activity/Service/Trip before contracting it.

The client also undertakes not to be under the effects of alcohol, drugs and/or narcotics as well as any other medication that may affect his/her reaction capacity.

To participate in aquatic activities it is essential to know how to swim.

In each activity there’ll be specified the conditions and minimum ages. Minors require an authorization from their father/mother/guardian or being accompanied by any of them.

In any case, especially in activities of advanced level, the organization can do a previous test, reserving the right of admission.

The user undertakes to use appropriately the services and contents that GARNATA offers and not to use them to:

 

1.     Take part in activities which are illicit or which constitute a crime, contrary to good faith, moral and public order, to the uses and/or infringing the laws of intellectual and industrial property, or any other applicable law concerning the Judicial Order.

2.     Spread contents or propaganda of racist, xenophobic or pornographic nature or justifying terrorism, or that are against the human rights.

3.     Introduce or spread in the network data programs (virus or harmful software) that may cause damages in the computer systems of GARNATA TOURS, its suppliers or third users of internet.

4.     Transmit usernames and passwords to non-authorized third parties, and if the passwords become known to an authorized user, he/she undertakes to inform immediately to GARNATA TOURS, who reserves the right to modify the protection of the service.

5.     Make available to other users, send by email or to transmit somehow any content that, according to the applicable provisions or existing contractual relations, you are not authorized to transmit privileged information, information protected by intellectual or industrial property rights or information you must keep confidential.

6.     Transmit undemanded or unauthorized advertising, advertising material, "junk e-mails ", "chain letters ", "pyramidal structures", or any other type of request, except on those areas (such as commercial slots) which have been exclusively conceived therefor.

7.     Users are also specifically prohibited to reproduce, duplicate, copy, sell, resell or to exploit for any commercial purpose, any section of the service, use or access thereto.

 

1. OBLIGATIONS OF THE ORGANIZER AND WARRANTIES

The agency undertakes to provide its clients with all the contracted services through the programs contained in its offers and brochures or the different personalized programs the agency has budgeted for the client, with all the features set out in writing in each case. The agency shall be exempt of this obligation only upon force majeure, that is, for reasons beyond the agency’s control, abnormal or unforeseeable, whose consequences could not be avoided despite all efforts and whose reasons might not be attributable to the agency

If it was impossible to provide any service by Garnata Tours after perfecting the contract and before the trip’s departure, the consumer shall have the right to substitute it by another of similar characteristics and quality; or to the termination of the contract, then choosing between another Trip/Activity/Tourist Service of equivalent quality or the total reimbursement of the price paid, having to communicate his/her decision to the agency within 3 days after being notified. In case the consumer does not notify its decision within the deadline through the same way, it is understood that he/she chooses to terminate the contract without penalization. Compensation for damages shall not be applied due to breach of contract when the impossibility arises for sufficient causes or force majeure or if the customer chooses the substitution of the service that could not be provided

RESPONSIBILITY. The organizer shall be responsible before the customer, according to the obligations that correspond to his/her management area of the trip/activity or tourist service, for the adequate performance of the obligations arisen from the contract, regardless of whether they are to be performed by the agency or by other service providers and without prejudice to the right of the Organizer to act against such service providers. The organizer shall also be responsible for the damages suffered by the travelers as a result of the non-performance of deficient performance of the contract. The responsibility of the organizer shall cease upon any of the following circumstances:

a) That they are attributable to the passenger;

b) That they are attributable to a third person, not part of the services provision established in the contract and that have an unforeseeable or unavoidable nature.

c) That they are due to force majeure, defined as those uncontrollable circumstances, abnormal or unforeseeable, whose consequences could not be avoid despite having acted with due diligence.

d) That they are due to an event that the organizer, although having been as diligent as possible, the organizer could neither expect nor overcome. In the mentioned cases of responsibility exclusion, the Organizer shall provide, however, the necessary assistance to the passenger who is in difficulties (to be paid by him/her). When the consumer finds in situ the non-performance or inadequate performance of the services of the trip entirely contracted, he/she shall immediately notify the service provider thereof and within 48 working hours to the organizing agency so that it can take the appropriate measures.

In relation to the limit of compensation for damages resulting from failure or improper performance of the services included in the combined trip, it shall be subject to the provisions of International Agreements on the subject. In relation to non-physical damages, the compensation shall never exceed the total price of trip initially contracted.

In no case, the organizing agency shall be held responsible for any expense incurred by delayed flight departures or returns by weather conditions, technical reasons, strikes or other force majeure causes.

When the trips is made in any type of vehicle or other means of transportation, owned or hired by the organizing agency, in case of accident, whatever region or country it occurs, the traveler is expressly subject to the laws related to accidents by any means in the country where the vehicle, ship or aerial mean is registered, accepting in regard to personal damages to its insurance, as established in the table of compensations provided thereto, under which such compensations shall be paid to the interested, beneficiaries or the legal representatives in the country where the vehicle, ship, aerial mean, etc. is registered, and in the legal currency of that country. The client accepts and assumes that the complete safety in Active Tourism is impossible to guarantee, since there are objective risks that lie outside the control of the guide; A guide is a risk manager, his own and that of the clients, his work is trying to annul the participant’s subjective risks and minimize objective risks, inherent to the environment where the activity is developed.

By accepting this document, the users expressly states the voluntary participation in this trip/tourist service and that in the trips of active or adventure nature, they are made in countries with different characteristics to the country of origin, travelling, sailing or flying to remote zones in tropical, exotic countries, to mountains and high mountain zones or snowed, which require certain grade of adaptation, preparation and physical effort, depending on each case, being exposed to the forces of nature, illnesses, accidents, deficient hygiene conditions in some cases and circumstances, terrorism, delinquency and other attacks. The traveler must know that there is no possibility, in some cases, of a rapid evacuation or adequate medical assistance. In the diving trips, the participant shall carry with him/her the medical certificate and his/her insurance according to the Spanish regulations for scuba diving. In addition to the insurance included in the programs, Garnata Tours offers to its clients insurances with coverage extensions for material and personal damages, please ask for them.

In the case of active tourism and adventure sports, Garnata Tours shall always offer them subcontracted. There is a potential risk due to its nature. The companies, its guides and technicians have the appropriate training and experience for the activity they develop. Safety depends largely on following their instructions and guidelines during the activity.

 

7.     DURATION AND VALIDITY OF THE CONTRACT

The contract between the parties for the provision of services starts for the user when he/she accepts the present Document of General Conditions, as well as the contracted Service Special Conditions, and it’s complete by the payment of such service in the established conditions.

For the organizing or retail employer, his/her obligation consists in providing the contracted service, either by him/herself or through a third party.

 

1. COMBINED TRIPS

In the special conditions of every product, provided that it is a combined trip, we’ll find the information required in Art. 154 of the RDL [Legislative Royal Decree] 1/2007, of the General Law of Defense of the Consumers and Users, information the client shall expressly accept stating that he/she has understood it.

For the matters not covered in the Use General Conditions of the website, GARNATA TOURS shall be subject to the provisions of RD [Royal Decree] 1/2007 which approves the Revised Text of the General Law of Defense of the Consumers and Users and other complementary laws.

We understand as combined trip, the one offered or sold for a total price which includes, at least two of the elements listed hereunder, provided that the duration of the trip exceeds the 24 hours or includes overnight stay.

Elements that made up a combines trip:

• Transportation.

• Accommodation.

• Other touristic services not ancillary to the foregoing.

The price of Flight + Hotel includes:

·         One-way or round-trip Flight.

·         Accommodation in the establishment and regime chosen

·         The corresponding Airports fees, as well as the fees or taxes of the hotels and indirect taxes; Value Added Tax (VAT). Canary Islands’ Indirect General Tax (IGIC) etc., when applicable.

The price of the trip Flight + Hotel does not include:

·         Visas, Airport fees and/or entry and exit fees, vaccination certificates.

·         Transfers.

·         Eco-taxes or taxes imposed or to be imposed by the Regional Authorities to the tourists staying in hotels or commercial apartments, whose purpose is the protection of the environment.

 

FLIGHT GENERAL CONDITIONS

Air transportation:

Depending on the type of rate, stay, offer, etc. you can make your reservation for round-trip flights. If you do not use the voucher of the first flight the company may cancel the return flight.

In air travelling, the presentation in the airport is determined by at least one hour and a half in national flights and two hours for mid-distance and international flights, on the official departure time. In any case, follow the specific recommendations of the trip documentation, provided when you sign the contract.

The transportation under this contract is subject to the rules and limitations about responsibility established by the Warsaw Agreement unless transportation if not “International Transportation” according to such Agreement.

CHARGED CODES: Due to internal agreements and commercial alliances between the different air companies, it is possible that the air company that operates the flight is not the same than the one with who the client made the flight reservation.

Airlines can make schedule changes or route’s cancellations, also the called operational changes, before the departure, for that reason the client shall be responsible to confirm his/her flight 48 hours before:

·         Through the Air Company.

·         In the offices of GARNATA TOURS

·         Through the telephone of GARNATA TOURS ((+34) 958261729)

When making the reservation, GARNATA TOURS shall require your personal data and contact details, among other reasons to communicate you any incident. The client has the obligation to provide his/her real data and GARNATA TOURS shall take as valid data the data provided by the client at the time of the reservation. GARNATA TOURS shall be relieved of all responsibilities caused by the fact that the data provided by the client are false or wrong.

The ticket price has been calculated according to the exchange rates, transportation fees, fuels costs and fees and taxes applicable at the time of the issuance of the air ticket. Any change in the price of the abovementioned elements may cause the revision of the final price of the ticket.

v  Due to the constant rise of petroleum, sometimes, after the confirmation and issuance of a flight ticket, the airline may report an increase in the ticket price caused by the increase in fuel and/or airport fees. This increase is set by the airline.

 

The price of the combined trip has been calculated according to the exchange rates, transportation fees, fuels costs due to the constant rise of petroleum, sometimes, after the contracting and confirmation of the trip, the tour operator can communicate an increase in the price of the touristic package, arisen from the fuel increase. This increase is established by the airline who informs the tour operator increasing the final price of the combined trip and tax fees applicable at the moment of the request and confirmation of the reservation. Any change in the price of the abovementioned elements may cause the revision of the final price of the trip.

Due to special events, long weekends, local festivities, etc, the price of the trip may be altered on the final price of reservation. Furthermore, the definitive price for the client shall be when he/she has the reservation number and the payment has been charged in his/her card, and the price showed until that moment shall not be binding.

Depending on the destination, the price does normally not include: visas, airport fees and/or entry and exit fees, vaccination certificates, "extras" such as coffee, wine, spirits, mineral water, special diets, not even in case of full board or half board, unless expressly agreed otherwise in the contract, clothe cleaning and ironing, optional hotel services, and in general, any other service not specifically listed in the section "the price of the trip includes " or not specifically listed in the program/offer, in the contract or in the documentation provided to the consumer when he/she subscribes the trip. The price does neither include the excursions, optional visits and gratuities.

TOURIST TAX: In some countries, the hotels may require the payment of a fee/tax to be paid on site. Ask in each case depending on destination.

VOLUNTARY CHANGES:

It is reported that, in the case the customer, once the trip has begun, voluntarily requests any modification of the contracted services (i.e. night stay, hotels or flight changes), the prices of the tourist services may differ from the ones published in the brochure which led to the contracting. To do this kind of management shall carry a minimum management cost of 10 euros depending on the type of offer. Ask in each case. In this case, transfers between hotels shall be paid by the client; he/she shall also have to pay the management costs, as a result of the processing of the new reservation or of the flight change requested.

EARLY RETURNS

In the case of hotel abandonment before the contracted data by force majeure causes, this does not commit GARNATA TOURS to return any amount.

PASSPORTS AND VISAS

The personal and family documents of all passengers (including children), must be in order and the client shall make sure they’re in order according to the documents required by the regulations of the country he/she is visiting. The expenses to obtain the passport or any other of such documents shall be paid by the client.

Citizens of other nationalities shall check out with their consular representatives and organizations of each country. In case any organization rejects the documentation to enter the country for not meeting the requirements or any other reason, GARNATA TOURS shall not be responsible of the additional expenses and shall not return the price of the trip. All children under 18 must have a written permission by their parents or guardians, in case it would be requested by any authority.

TRAVEL DOCUMENTATION

In case of loss of travel documents (flight tickets, voucher, etc.) by the client which causes loss of services, GARNATA TOURS shall not be responsible of the expenses caused by a new reservation and issuance nor by the return of the loss.

 

    FLIGHTS:

In some tourist destinations, depending on the airline, the agency/tour operator requires the issuance of the air tickets in advance of the departure date in order to establish a guarantee of the seats. In such cases, the Travel Agency shall contact the client to inform about the issuance of the tickets and to complete the payment thereof. In case of cancellations or modifications after the issuance of the tickets, they shall cause the 100% of the expenses. Furthermore, depending on the proximity of the departure day, it shall include the cancellation costs of the rest of the services.

SPECIAL SERVICES REQUEST

Each company has its guidelines and characteristics for the provision of this type of services, the so-called special services, however, and in any case, when the client needs the provision of such services (unaccompanied minors, wheel chairs, pets on board, etc.) they have to apply for them at the time of reservation. This way the agency shall act as intermediary of this type of special services, but we must clarify at this point that the company is the one that finally confirms these services. The travel agency, therefore, shall not be responsible for the confirmation or refusal of the services by the company and has no information about the possible price supplements the company may require.

TRANSFERS

In some destinations and depending on the contracted offer, the transfers airport-hotel-airport may not be included. You must ask in each case.

LUGGAGE

The luggage shall be transported at the risk of customer. We recommend users to be present in all the luggage loading and unloading manipulation. In the case of air, rail, sea or fluvial transportation of the luggage, the conditions established by the transportation companies shall be applied, being the ticket the document that links the company and the passenger. In the case of damage, delay in delivery or loss, the consumer must make a complaint at that time to the transportation company. The luggage transportation and the incidences arisen therefrom are not responsibility of the agency’s management. If you want to transport bicycles, surfboards, etc… you shall have to pay the corresponding supplement, ask for amounts and payment and inform the travel agency when making this reservation.

 

1. ADDITIONAL CONSIDERATIONS

HOLIDAYS

On holidays it is common that transportation, stores, museums, shows, etc. vary their normal schedules or even remain closed without any prior warning. Moreover, these holidays can be altered by road traffic and transfers. In the case streets closed to traffic which prevents arrival at a hotel, luggage transfer from the stop point to the hotel shall be payable by the customer.

 

OFFERS

In any case, the offer published are neither cumulative between them nor with other publications.

 

THEFTS

GARNATA TOURS shall not be held responsible of the losses the clients may suffer, by reason of any offense committed during the trip and the stay at destination. It is also reported that you must inform the local administrative or police authorities about whatever has happened.

CREDIT CARDS

Some hotels may ask for your credit card number as solvency guarantee. The checkout day, if you had no extras, the hotel shall return you the blank signed document with your credit card data. GARNATA TOURS shall not be held responsible for the charges made by the hotels in the customers’ credit cards.

ECONOMIC CONDITIONS FOR CHILDREN

Depending on age, we recommend to ask about the existing special conditions which at any time shall be subject of specific and detailed information. In general, in terms of accommodation, they shall be applicable if the child shares a room with two adults. In the case of stays of minors abroad, the information shall adapt to every case and to the contract and the travel documentation provided when contracting. Please take into consideration that the airline may require in the airport a document certifying the child’s age

 

10.  APPLICABLE LAW

The present document has been written in accordance to RDL [Legislative Royal Decree] 1/2007, which approves the Revised Text of the General Law of Defense of the Consumers and Users, in the Law 34/2002 of services of the information society and electronic commerce, as well as international regulations to be applied and in particular, by the Athens Agreement of December 13^th of 1974, modified by the London Protocol of November 19^th of 1976 and by the other applicable national and international regulations related to individual provisions that form a tourist package.

 

For matters not covered in this document and in the specific regulations, the parties shall apply to the Spanish Civil Code and the rest of the Spanish Legal Code.