1.c DS operates as a Spanish Travel Agency under license GC3605, and abides by all legal, financial and insurance requirements established by Spanish Law.
1.d The reception by DS of a deposit or full payment of the trip, or your use of any of our services also represents a confirmation that you have read and accepted these terms and conditions.
2. Intermediary relationship
2.a We act only as the intermediary of all suppliers of accommodation, transport, tour guides, tour providers, attractions and activities and not as principal. These suppliers are independent You acknowledge and agree that we are not responsible for any loss, damage, delay, inconvenience or injury to you as a result of any act or omission of these suppliers, their employees, agents, servants, or representatives.
2.b While we use all reasonable efforts to choose quality suppliers, no undertaking, guarantee or warranty is given or shall be implied as to the fitness or condition of any goods or services provided by the supplier including accommodation, activities, transportation, food or drink. The services provided by these suppliers are subject to the laws of the place where the services are provided, and any conditions imposed by those suppliers. You acknowledge and understand that we have no liability for the actual provision of the arrangements or services provided by these suppliers. You also understand and acknowledge that the liability of such suppliers may be limited by their terms and conditions, tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements.
2.c Supplier pricing and availability may change without notice. You agree that we are not responsible for any errors or omissions in any quotes, advertisements, including on our website, resulting in inventory, content, or pricing discrepancies nor are we responsible for any errors or omissions that may occur as a result of incorrect information from third parties.
3. Payment terms
3.a All payments and deposits can be made by bank transfer or credit card (Visa, MasterCard or American Express).
3.b For trips booked with more than 30 days before the starting date, a deposit of 30% of the full cost of your trip (“Deposit”) is payable upon your written confirmation to proceed with the booking of your trip and/or other travel requirements. Until the time we receive the Deposit we will not make any reservations on your behalf and prices, availability and trip arrangements are not guaranteed.
3.c The reception by DS of a deposit or full payment of the trip, or your use of any of our services, represents a confirmation that you have read and accepted our trip proposal and quote, and the description of all services included in the quote.
3.d A Late Booking means any trip that is booked within 30 days of the start date of your trip. For Late Bookings the full cost of your trip is payable upon your written confirmation to
proceed with the booking of your trip and/or other travel requirements. You may book your trip at any time, right up to the day of departure.
3.e For trips booked with more than 30 days before the starting date, and once the deposit is fulfilled, the balance will be due 4 weeks in advance of the starting date of the trip. If we do not receive full payment of the trip by the date we request, your booking may be treated as cancelled by you in accordance with section 5.
3.f Once we receive the full payment we will send you written confirmation, which may be by email, of all the details of your booking (the “Itinerary Guidelines”). The Travel Information will set out the details of your trip including detailed itinerary.
3.g. No extra administrative fees for Late Bookings will apply. However we strongly recommend that you book your trip well in advance to help ensure you get preferred trip arrangements.
All prices provided by DS to you include our handling fees and VAT (IVA in Spain), but not the local Tourist City or Regional taxes that may apply, which we will previously inform. All DS prices and quotations are in € (Euros).
5. Cancellations, no shows and/or changes.
5.a Any cancellation needs to be notified to DS by written notice (at ds@destinationspain. com) or telephone call (+34630953212-available in office hours). Your notice of cancellation will only be effective upon receipt by us of such notification.
5.b All cancellations and no-shows are subject to the following non-refundable cancellation charges:
(I) More than 30 calendar days before the trip commencement date set out in the Itinerary Guidelines or the Proposal accepted by you, no cancellation charge will apply, except for those services which are non-refundable, which we will have previously informed you at the time of the deposit.
(II) 15-30 calendar days before the trip commencement date set out in the Travel Information, 50% of the full cost of your trip;
(III) 7-14 calendar days before the trip commencement date set out in the Travel Information, 75% of the full cost of your trip;
(IV) 6 calendar days or less before the trip commencement date set out in the Travel Information, 100% of the full cost of your trip.
5.c These cancellation charges apply to all bookings, except where a booking includes items or services where our suppliers’ own cancellation charges are higher than those shown above. Please enquire at the time of booking as up to 100% cancellation charges may apply from the time of booking.
5.d In the event of a partial cancellation by some party members, the cancellation charges in section 5.b shall apply and shall be calculated on the full cost of your trip as set out in the Proposal and Itinerary Guidelines.
5.e If you wish to change your booking you must notify DS in writing (which may be email) as soon as possible. We cannot guarantee that change requests will be met, but we will do our best and propose best alternatives. We may charge a non-refundable amendment fee per person to cover the administration costs in dealing with such changes. We will notify you of this amendment fee when we receive your change request.
5.f You agree to pay for any expenses that are incurred or imposed as a result of the change. Such expenses may include cancellation fees payable to hotels and other suppliers and the costs of airline or train tickets or other means of travel. You understand and agree that some suppliers or travel costs are non-refundable as soon as they are booked. In addition many airlines may consider a name change or other change to an existing booking as a cancellation and rebooking for which you will have to have
pay for the full cost of an alternative flight.
5.g We may sometimes need to make some changes to your trip, despite this is a very infrequent situation. If it is necessary to change any aspect of your booking we will use all reasonable efforts to notify you as soon as possible. Subject to section 8 of these terms and conditions, if a proposed change is not acceptable to you, you may cancel the specific part of your booking that relates to the change. In such case we shall give you a full refund for that specific part of the booking, which shall constitute a full and final settlement. No further refunds or compensation will be payable.
5.h In exceptional circumstances we may be forced by “force majeure” (see section 6) to change or cancel your trip. This is extremely unlikely but if this situation does occur, we will unfortunately not be able to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result.
6. Force Majeure
Except where otherwise stated in these terms and conditions neither we or our suppliers are liable for any loss, damage, compensation, cancellation or expense you suffer or incur or we are unable to perform our contractual obligations as a result of any event of ‘force majeure’. In these terms and conditions ‘force majeure’ means any event which we or our supplier could not, even with all due care, foresee or avoid. Such events include, but are not limited to, war or threat of war, civil strife, terrorist activity, industrial dispute, strikes, natural or man-made disaster, fire, adverse weather conditions and all similar events outside of our or our suppliers’ control.
7. Our liability to you
7.a To be eligible to take a trip with Destination Spain, you accept the risks of travel. Subject to the rest of this section 7 you assume full responsibility for any loss, injury, death or damage to you or to your family or their dependants or property arising in connection with you and their participation in the trip.
7.b The cost of Destination Spain trips are based on travelers agreeing to these terms and conditions. As we are acting solely as an intermediary, you release us and our employees, agents and suppliers from all liability for economic loss and physical or mental injury, illness, direct or indirect, arising in connection with the trip, including, without limitation, permanent disability and death; any emotional distress; any loss of services, financial support, aid, consortium or companionship; and any damage to or loss of property—in each case even if caused in whole or in part by the conduct, including our negligence, except where such loss, injury or damage is caused by reckless or fraudulent conduct on our part. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
7.c Please note that we do not accept liability for: (i) Events outside our reasonable control; (ii) Acts or omissions of suppliers and third party service providers (see section 2.b); (iii) Any loss, damage, compensation or expense if there has been no default or neglect by us; (iv) Any special, indirect or consequential loss, including loss of profit or business loss (direct or indirect); (v) any damage, loss, compensation or expense which you have suffered or incurred where, on the basis of the information you gave to us, we could not have foreseen you would suffer or incur; (vi) Any services which do not form part of our Agreement; for example, any additional services or facilities which your supplier or hotel agrees to provide for you. (vii) Which did not result from any breach of Agreement or other fault we or our employees caused.
7.d If we are liable to you we limit the maximum amount we may have to pay you for any claims you may make against us. This maximum amount is limited to the full cost of your trip.
7.e You agree that you are responsible for all losses,
damages or claims that arise in connection with the trip as a result of any misconduct of you or any members of your party. If any claims are made against us as a result of your acts or omissions, or those of any members of your party, you shall hold us harmless and if any money is claimed against us, indemnify us for such sums including any penalty or interest.
7.f This section 7 does not apply to death or personal injury resulting from our negligence.
8. Your Responsibilities
8.a We are committed to making your trip as rewarding and fun as possible. But we require your help to do so. We ask that you respond to our questions in a timely manner so as not to delay the planning process in creating a tailor made trip for you.
8.b It is your responsibility to ensure that you have a valid passport and meet all necessary entry requirements to the country or countries you will be visiting. These requirements vary by country and nationality and can change from time to time. We ask you to contact the appropriate embassy(ies)/consulate(s) in your country of residence.
8.c It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately. Your travel documents are valuable and it is your responsibility to safeguard these at all times. Subject to section 6 (force majeure) we are not responsible for any loss, theft or damage to your travel documents unless they are in our care.
8.d It is your responsibility to purchase travel insurance. We strongly recommend that you purchase comprehensive travel insurance that is suited to your trip and that all your party members have such insurance in place prior to the commencement of your trip.
8.e We are not responsible for delays, changes or costs of any kind due to incomplete, expired or inaccurate travel documentation or insurance.
8.f It is your responsibility to ensure that you and all members of your party do not behave in a way which is inappropriate or causes danger, distress, offence or damage to others or to property belonging to others. If, in our reasonable opinion or that of our suppliers, your behaviour is inappropriate and may cause any of these situations to occur we may take appropriate action, including cancelling your trip arrangements. In such a case you will not be eligible for any refunds, payments of compensation and/or any reimbursement of any cost or expenses you may incur as a result of such cancellation. You shall also be liable to reimburse us for any expenses we incur necessarily as a result of such cancellation.
By sending us the Deposit (or in the case of Late Bookings, sending us the full payment) you confirm to us that you, nor to your knowledge anyone travelling with you, if applicable, have any physical or other condition or disability that would make travelling unsafe for you or other travelers. You should take up-to-date health advice about the health precautions you will need to take prior to the commencement of your trip.
We do not expect and certainly do not want dissatisfied customers, but in the event that you are not entirely satisfied with the service offered, you should notify any complaint to our office as soon as possible by calling us on +34630953212 (available during office hours) or by sending an email with details of your compliant to firstname.lastname@example.org We shall use all reasonable efforts to rectify the complaint as quickly as possible. If the problem cannot be resolved during the trip period, you should contact us in writing within 14 days of returning from trip.
11. Law & Jurisdiction
These terms and conditions and all matters arising therefrom are subject to Spanish Law and to the exclusive jurisdiction of the Spanish courts