GENERAL TERMS AND CONDITIONS PLANET ESPAÑA TRAVEL MANAGEMENT S.L.
The information presented on the website Planet España Travel Management S.L. is subject to the following General Terms and Conditions:
1. Legal regulation applicable to the contract package and acceptance of the General Conditions
This contract package is ruled by:
a) The General Conditions.
b) The special conditions to be agreed or stated in the travel documents provided at the time of the conclusion of the contract.
c) The provisions of the Fourth Book of the Royal Legislative Decree (“Real Decreto Legilsativo”) 1/2007 from the 16th of November, approving the revised text of the General Law for the Protection of Consumers and Users (“Ley General para la Defensa de los Consumidores y Usuarios”) and other complementary laws, and by the Law 7/1998 from the 13th of April, on General Terms and Conditions of Business (“Condiciones Generales de la Contratación”).
The organizer of the package is Planet España Travel Management S.L. with tax identification number B-98609803, residing at Calle Convento Santa Clara, 12 - 6° - Pta. 16a, 46002 Valencia (Spain), hereinafter referred to as "the Agency".
3. Travel package offer
3.1. The offer consists in the description of the package outlined on the website which is the subject of the contract package.
3.2. In case of discrepancy between the offer and the special conditions agreed, the latter shall prevail, in accordance with Article 153.b) of the General Law for the Protection of Consumers and Users.
3.3. The Agency may modify the terms of the offer before the conclusion of the contract, informing the consumer about the changes in writing or by e-mail.
4. Contracting from a distance: e-mail and telephone
4.1. If the contract was concluded by e-mail or through the telephone, the consumer declares to acknowledge and to accept the special conditions and the General Terms and Conditions.
4.2. All matters related to this contract and in particular the communication between the two parties and the hiring of other products and services of the Agency may be made by telephone or e-mail.
4.3. Postal address as well as e-mail and telephone contact details shall appear in the special conditions and may be modified by the consumer at any time by explicit message to the Agency. The consumer must keep his contact information updated.
4.4. The parties agree that the consent given by the consumer and by the Agency through the media referred to in this article have full legal validity.
5. Reservation confirmation
5.1. The conclusion of the contract package is accomplished with the booking confirmation. From that moment, the contract package is binding for both parties.
5.2. The booking confirmation shall be issued no later than 30 days before the start of the package.
6. Price and terms of payment
6.1. The price of the package includes provisions and services specified in the offer, in the contract or in the documentation given to the consumer.
6.2. Within 30 calendar days from the conclusion of the contract, the consumer must pay to the Agency an amount corresponding to 10% of the price of the package as an advance. Payment of the rest of the price shall be made at the latest 30 days before departure.
6.3. Delivery to the consumer of transport tickets, travel vouchers or other documents necessary for the proper performance of the services that make up the package will be made once the full payment has been effected, no later than 7 days before departure.
6.4. If the consumer fails to effect any of the payments mentioned in the preceding paragraphs within the prescribed period, this means the termination of the contract, therefore the Agency can resolve it and apply the rules provided in clause 10 of these General Conditions.
6.5. The price of the package has been calculated based on exchange rates, freight rates, fuel costs and taxes and fees applicable on the date of publication of the program.
6.6. Any change in the price of these elements can lead to the revision of the final price of the trip, both price increases and price cuts, based on the exact amounts of price changes that affect the items indicated, unless the changes take place in the 20 days prior to the departure of the trip.
6.7. These changes will be notified to the consumer, in writing or by any other means that require acknowledgement of receipt, so that in case the changes made are significant, the consumer can cancel the trip without penalty for either party, or accept the modification of the contract. If the consumer does not communicate its decision to the Agency within 3 days, it means that he accepts the proposed amendment.
7. Modification of the contract
The Agency is committed to providing its customers all the contracted services contained in the offer that has given rise to the contract package, with the conditions and stipulated characteristics, all in accordance with the following:
7.1. In the event that, prior to departure, the Agency is obliged to significantly modify an essential element of the contract, it shall immediately inform the consumer.
7.2. In such a case, and unless the parties agree otherwise, the client may choose to terminate the contract without penalty or accept a contract amendment in which the introduced changes and their impact on the price are specified. The consumer must communicate the decision to the Agency within three days after being notified about the changes referred to in the preceding paragraphs.
7.3. In the event that the consumer does not notify its decision on the terms indicated, it is understood that the modification is tacitly accepted.
8. Assignment of the reservation
The main contractor or beneficiary of the package may assign its reservation to a third party without charge, informing the Agency at least 15 days prior to the date of the trip. The recipient must meet the same requirements as the transferor and both are jointly and severally liable for the payment of travel costs and possible additional costs that the assignment might have caused for the Agency.
9. Cancellation of the trip by the Agency
9.1. In the event that the Agency cancels the package before the agreed departure date for any reason that is not attributable to the consumer, it may choose, from the moment he communicates the termination of the contract, between reimbursement of all amounts paid or performing another package of equivalent or higher quality whenever the Agency can offer it. In the event that the package was of inferior quality, the Agency may have to refund the price difference to the sums paid to the consumer.
9.2. In the event that the consumer chooses reimbursement, the refund shall be effected within a maximum period of 14 days since taking note of its decision.
9.3. In case of cancellation, the Agency shall indemnify the consumer due to the breach of contract, in the following amounts: 5% of the package price, if cancellation occurs between 2 months and 15 days immediately prior to the scheduled date of the trip. 10% of the package price, if it occurs between 15 and 3 days prior. 25% of the package price, if it occurs within 48 hours prior.
9.4. There shall be no obligation to pay compensation in the following cases: a) When the cancellation is made due to the fact that the number of persons enrolled for the package is inferior to the one required in the offer or contract. In this case, the Agency must inform the consumer about the cancellation in writing before the deadline stipulated in the offer or contract. Failing this, the agency must notify the cancellation with a minimum of ten days before departure. b) When the cancellation of the trip, except in cases of overbooking, is for reasons of force majeure. Force majeure are abnormal and unforeseeable circumstances beyond the Agency’s control whose consequences could not have been avoided, despite having acted with due diligence.
9.5. The minimum number of participants in a package for groups is 16 persons, unless the offer or the special conditions state something different.
10. Right of withdrawal for the consumer
10.1. The consumer has the right to cancel the travel contract at any time prior to departure and is entitled to reimbursement of the amounts he has paid. However, he shall pay a penalty to the Agency in the amounts indicated below, unless such withdrawal takes place in duly proven cases of force majeure: 5% of the package price if the withdrawal occurs more than 10 and less than 15 days prior to the date of departure. 15% of the package price, if it occurs between 3 and 10 above to the date of departure. 25% of the package price, if it occurs within 48 hours prior to the date of departure.
10.2. In addition, in all cases of withdrawal, the consumer must pay the amount of EUR 100,- for each booking for the expenses of management and cancellation.
10.3. In the event that the contracted and cancelled services were subject to special economic conditions, such as flights, tickets, etc., the respective cancellation fees due to withdrawal established by the corresponding operator are valid.
10.4. Upon receipt of the withdrawal statement, the Agency will return to the consumer any sums it has paid in full within 14 days, net of management and cancellation fees and, where appropriate, the penalization.
10.5. It is an act of omission, if the consumer fails to appear at the scheduled time and place of departure without having communicated to the Agency the decision to not want to carry out the journey. In this case, the consumer loses the right to a refund and is still obliged to make possible outstanding payments of the total price.
10.6 Cancellazioni in relazione a restrizioni / condizioni di ingresso a
causa del COVID-19
a) I servizi forniti da terzi e i servizi di volo prenotati/intermediati da
noi, sono soggetti alle condizioni del fornitore o della rispettiva compagnia
b) In caso di quarantena nella destinazione di arrivo, Planet España Travel Management non si assume alcun costo aggiuntivo, per esempio per notti supplementari
in Hotel, cambio di prenotazione del volo, ecc. Anche al rientro nel paese di origine,
i reclami relativi alle misure di quarantena imposte, vengono respinti dal Tour
c) I costi amministrativi non sono rimborsabili.
11. Consequences of non-provision of services by the Agency
11.1. In the event that, after the departure, the Agency cannot provide or supply an important part of the services determined under the contract, it shall take appropriate solutions for the onward journey, at no extra cost for the consumer and, where applicable, it shall reimburse the latter the amount of the difference between the services offered and those supplied. If the consumer continues the journey with the solutions given by the Agency it shall be deemed to have tacitly accepted those proposals.
11.2. If the solutions adopted by the Agency were unfeasible or the consumer does not accept them on reasonable grounds, it will provide at no extra cost a transport medium equivalent to that used on the trip for the transportation back to the point of departure or any other place that both have agreed upon, without prejudice to the compensation that may be claimed.
11.3. In case of complaint, the Agency will work diligently to find appropriate solutions.
11.4. In no event shall the Agency take responsibility for services provided by third parties that are not included in the contract package and were contracted independently (for example, transport tickets from the place of origin of the passenger to the place of departure or vice versa, hotel reservations before or after the trip, excursions, all kinds of leisure activities, etc.).
11.5. If transfers from the hotel to the airport or vice versa, or the like, included in the contract package, are not met, for reasons beyond the transfer company not attributable to the Agency, the latter shall reimburse only the cost of alternative transportation used by the client, upon presentation of the receipt or invoice.
11.6. Under no circumstances will the consumer be refunded for services that were not used of his own free will.
12. Obligation of the consumer to report any failure in the performance of the contractual obligations
The consumer is obliged to report without delay any failure to perform the contractual obligations, preferably "in situ" to the representative of the Agency in the place of destination as stated in the travel documents or, in another case, as soon as possible in writing or in another recorded form, to the Agency and the service provider concerned. If the consumer fails to do so, the Agency shall be relieved of all responsibility and duty to reimbursement on the terms of Articles 161 and 162 of the General Law for the Protection of Consumers and Users.
13.1. The Agency is liable to the consumer for the proper fulfilment of obligations under the contract. The Agency states that it assumes the functions of organization and execution of the trip.
13.2. The Agency is also liable for damages suffered by the consumer as a result of non-execution or poor execution of contracted services. This responsibility shall cease when any of the following circumstances apply: a) If the defects observed in the execution of the contract are attributable to the consumer. b) If such defects are attributable to a third party outside the provision of the services in the contract and are of unforeseeable or insurmountable character. c) If the aforementioned defects are due to force majeure, meaning such circumstances outside the agency’s control that are abnormal and unpredictable consequences that could not have been avoided, despite having acted with due diligence. d) If the defects are the result of an event that the Agency, despite having exercised all due care, could not foresee or forestall.
13.3. In cases of exclusion of liability due to the occurrence of any of the circumstances outlined in the subparagraphs b), c) and d), the Agency shall give prompt assistance to a consumer in difficulty.
13.4. With regard to the limit of compensation for damages resulting from non-performance or improper performance of the services included in the package, the existing legal regulations in this area are applicable. In regard to damage other than personal injury, the consumer must accredit the same. Under no circumstances is the Agency responsible for the cost of extraordinary accommodation, meals and transportation arising for reasons of force majeure.
14. Information on regulations applicable to passports, visas and vaccinations
14.1. The Agency has the duty to inform consumers about the health formalities required for travel and accommodation, as well as the conditions regarding passports and visas, and is responsible for the accuracy of the information provided.
14.2. The consumer is obliged to obtain the necessary documents for the trip, including passport, visa and health formalities. All damages that may result from the lack of such documentation will be chargeable to the consumer, and in particular, the expenses incurred for the interruption of the trip and the possible return trip.
15. Consumer Arbitration
15.1. If the Agency had previously adhered to the consumer arbitration system, the consumer may direct his complaints to the consumer arbitration body on the regional level that is competent in the place of the contract, within a maximum period of 3 months, starting from the day when the trip would end.
15.2. Claims concerning poisoning, injuries, death or reasonable suspicion of crime cannot be subject to consumer arbitration.
15.3. Unless something different had been specified in the public offering of submission to the consumer arbitration system, arbitration is subject to the applicable law and the arbitration proceedings shall be governed by the provisions of the Royal Decree („Real Decreto“) 231/2008, of the 15th of February. It will be limited to claims for an amount less than 1,000 euros per person and a total maximum of 5,000 euros per claim.
15.4. The award rendered by the arbitral tribunal concludes the complaint and shall be binding for both parties.
16. Applicable law and jurisdiction
16.1. This contract shall be governed by Spanish law.
16.2. If the dispute is not subject to consumer arbitration, any disputes that may arise between the parties shall be judged by the Courts of Valencia.
Legal actions arising from the contract package prescribe in the course of two years, counting from the day when the trip would end.
18. Processing of personal data
18.1. The consumer explicitly consents that the provided personal data as well as any other information that could be facilitated throughout the contractual relationship, are included in a file for which the responsible is Planet España Travel Management S.L., with tax identification number B-98609803, residing at Calle Convento Santa Clara, 12 - 6° - Pta. 16a, 46002 Valencia (Spain), guaranteeing its security and confidentiality, in order to carry out the management of its activities, maintenance, development and control of the contractual relationship.
18.2. Likewise, the consumer consents to the recording, if any, of telephone calls made to the contact phone numbers of the Agency for the purpose of quality control of calls and management of incidents and complaints. All collected data and previously mentioned points are essential for the establishment and development of the contractual relationship.
18.3. The consumer is responsible for the accuracy of the data provided to the Agency at all times, agreeing to request their modification, if necessary, to guarantee the proper performance of the contracted services.
18.4. In the event that, for the purposes of administering this contract, personal data of legal persons that do not match the data of the person who performs the contract, has to be communicated, the consumer is obliged to explicitly inform the holder of that data about the content of this clause and obtain his consent from the outset, in accordance with the requirements of Article 5.4 of the Law 15/1999 from the 13th of December about the Protection of Personal Data (“Ley Orgánica 15/1999 de Protección de Datos de Carácter Personal”).
18.5. The consumer is informed that the Agency may consult information on solvency, creditworthiness, compliance and breach of monetary obligations. Also, the consumer is informed that such information will be stored in a database owned by the Agency in order to assess the economic solvency of the consumer.
18.6. If necessary for the performance of the contracted services, the consumer expressly authorizes the Agency to communicate his personal data to third parties for using them for a specifically defined purpose.
18.7. Customers may exercise their rights of access, rectification, opposition and cancellation of personal data by writing to Planet España Travel Management S.L., Calle Convento Santa Clara, 12 - 6° - Pta. 16a, 46002 Valencia (Spain), by e-mail to firstname.lastname@example.org or by phone to +34 961 118 414.
The General Terms and Conditions are subject to the original version drafted in Spanish entitled CONDICIONES GENERALES PLANET ESPAÑA TRAVEL MANAGEMENT S.L., and therefore Planet España Travel Management S.L. is exempted from any requirement to comply what may be stipulated in any of its translated versions.
Planet España Travel Management S.L. will only address all responsibilities and duties compiled in its original wording.