TRAVEL CONTRACT

TRAVEL CONTRACT

The travel contract and the general terms and conditions are effective upon delivery of the total amount of the reservation and/or following the agreed payment conditions. The signature of both documents is mandatory by administrative law.

In Tortosa (Tarragona), on the date ______________________

TOGETHER
 

On the one hand _______________ DNI ___________, hereinafter CUSTOMER, who acts in his own name and also on behalf of the members of the same travel group, who declares to know and accept the contents of the Travel Contract and the General Conditions. And on the other hand, NJOY CATALONIA, S.C., Travel Agency, with CIF J06971154 hereinafter AGENCY, which acts in its own name and as the organizer of the trip object of this contract.    

 They mutually acknowledge full capacity to enter into this COMBINED TRAVEL AGREEMENT, in accordance with the provisions of Decree 158/12, of November 20, amending Decree 186/1994, of May 30, on the Catalan Regulation of Travel Agencies and formalize the following sections:

CLAUSES :

I.- DURATION OF THE TRIP

Beginning : ___________ end : ___________  

II.- TRAVEL IDENTIFICATION

The object of this contract is the combined trip described on the Web Site www.njoycatalonia.com under the name __________________, with regard to its content, specifically detailed for the CUSTOMER in the attached technical sheet; In case the contracted trip corresponds to the On Request format, the contract will have as object the combined trip described in the technical sheet attached to the client with the present contract, with the agreed special conditions exposed in the said technical sheet, where the route-itinerary presented to the client and the included services are specifically detailed.

Regarding the contracted insurance, the client receives in this act an extract of the guarantees, limits and exclusions of the insurance that the AGENCY offers to its clients, signed with the insurance company HISCOX, S.A., SUCURSAL DE ESPAÑA.

 III.-  PRICE OF THE TRIP

a) Amount per person: ______€; VAT INCLUDED. TOURIST TAXES NOT INCLUDED. 

b) Total amount: _____________€; VAT INCLUDED. TOURIST TAXES NOT INCLUDED. 

c) Includes:

IV.- GENERAL CONTRACTUAL CONDITIONS

Cancellations and modifications regarding the number and name of travelers and/or aspects of the contracted trip, must be made 7 calendar days prior to the start date of the trip or activity, except in exceptional cases where the final service provider so requests, in order to refund the amount paid for the reservation if this is the case. Cancellations and modifications within these 7 calendar days will result in the non-refund of the amount paid for the reservation, however, the CUSTOMER will be offered the possibility of finding a date more suitable to their needs, remaining as a deposit the amount paid for the reservation.

V.- CONTRACTUAL CONDITIONS FOR GROUP TRIPS (+ 8 PAX)

The realization of the trip contracted by the CUSTOMER, with group reference ____________ is conditioned to the registration of ______ persons; In case the final number of travelers is less than the number stipulated in the contract, the AGENCY will mediate to reach an agreement with the CUSTOMER revising the economic characteristics to adapt them to the new situation; In case this agreement is not possible, the AGENCY reserves the right to cancel the trip, without the right to refund the amount paid for the reservation. Cancellations and modifications regarding the number and names of travelers and/or aspects of the contracted trip must be made 7 calendar days prior to the start date of the trip or activity, except in exceptional cases where the final service provider so requests, in order to be refunded the amount paid for the reservation if this is the case. Cancellations and modifications within these 7 calendar days will result in the non-refund of the amount paid for the reservation, however, the CUSTOMER will be offered the possibility of finding a date more suitable to their needs, remaining as a deposit the amount paid for the reservation.

VI.- SPECIAL ECONOMIC CONDITIONS OF CONTRACTING

In addition to the conditions of cancellation and/or modification expressed in the two previous points, in case of cancellation of the trip, the CUSTOMER shall pay the expenses involved in some of the services if this were the case, which will be determined by the provider of the service or services in question, determined in the travel contract: (1) The advance payments, without refund, to guarantee the reservation of the services that so impose, detailed in the technical sheet of the contracted service, (2) The amounts of the non-refundable transport tickets, (3) Any cancellation and/or modification within 7 calendar days prior to the start date of the service, (3) Any cancellation and/or modification within 7 calendar days prior to the date of commencement of the service shall entail the payment of the cancellation or modification management fees if so requested by the service provider, which shall be specified in each contracted service data sheet, (4) Quotations shall be valid for 30 calendar days from the date of issue, in order to anticipate possible changes in the rates of the various service providers. Once these 30 days have elapsed, the quotations shall be reviewed prior to their confirmation.

VII.-  CONTRACTUAL NON-COMPLIANCE ON SITE

The CUSTOMER is obliged to communicate to the AGENCY, in writing or by any other means that guarantees the record, as soon as possible, any irregularity or breach in the execution of any of the services detailed in this contract, after checking the contract on site. For this reason, it is mandatory for the CUSTOMER to carry a copy of the technical data sheet of the contracted service.

VIII.- ADDITIONAL INFORMATION

The CUSTOMER is hereby informed that he/she can make use of our customer service contact means to be informed of the following information:

1) Of the conflicting social or political situation that may exist or will exist in the future in the place of destination. You can also make use of the website http://www.mae.es, where you can find the official recommendations of the Ministry of Foreign Affairs of the Spanish Government, accepting the risk that this entails and exempting the AGENCY from liability for any negative consequences that may arise from this circumstance.

2) Health requirements (certifications and vaccinations against diseases) for legal entry into the country. The CLIENT is informed, also as a complement to the contents of the data sheet, of the existence of the provincial center of international vaccination in Catalonia (Telephones: Barcelona 93.520.96.63 or 93.327.05.50; Girona, 972.18.26.00; Tarragona, 977.99.90.80; Lleida, 973.70.16.00).

3) On the climatological situation of the place of destination. For the consultation of the most reliable climatological data we provide you with the website http://www.aemet.es/es/portada.

The customer accepts the risks of traveling under the negative recommendations of national agencies and exempts the AGENCY from liability for any negative consequences that may arise from this circumstance.

IX.- PERSONAL DECLARATION

The CUSTOMER declares that neither he/she nor the rest of the persons forming the group on behalf of which he/she subscribes this contract suffers from any chronic illness or psychological or physical circumstance that prevents the normal development of the trip.

X.- REGULATION OF THE CONTRACTUAL RELATIONSHIP

The present contract is governed by the clauses included in this document, by the technical sheet or itinerary-route of the trip that details its final content and by the general contracting conditions.

The CUSTOMER accepts and signs this contract as proof of conformity and acknowledges the delivery of this contract and the rest of the documents necessary for the reservation of the different contracted services.

XI.- DATA PROTECTION

In compliance with the Organic Law 3/2018 on Personal Data Protection and guarantee of digital rights, the AGENCY informs its CUSTOMERS that the personal data provided have been integrated into the files CUSTOMER CONTRACT owned by the AGENCY, in order to streamline its administrative and accounting management and the management of tourist services subject of this contract. We also inform you that your data will be communicated to the suppliers of the services contracted by you to proceed with the reservation of accommodation, ground service or any other service requested by the customer documentation, as well as to our representative at destination whose identity is stated in the data sheet attached to this contract and to the relevant authorities in case it is necessary. Likewise, the CUSTOMER authorizes the processing of health data that may be provided to the AGENCY in order to properly provide the contracted services. Similarly, unless otherwise indicated, your data will be processed for the purpose of sending commercial information via email, regarding the services we offer through the travel agency. In the event that the personal data provided to us belong to another person, the AGENCY requests the CUSTOMER to be informed of the content of this clause in order to comply with the right of information established in the Organic Law 3/2018 on the Protection of Personal Data and guarantee of digital rights. They can exercise their rights of access, rectification, cancellation and opposition, communicating it via e-mail to hola@njoycatalonia.com, attaching a photocopy of the ID card along with their request.

GENERAL CONDITIONS OF CONTRACTING

1.- APPLICABLE LEGAL REGULATION

The contractual relationship between the organising agency and the customer is governed by the clauses of the package travel contract, by the travel data sheet detailing its final content and by these general conditions, all drawn up in accordance with the provisions of Decree 158/12, of 20 November, which amends Decree 186/1994, of 30 May, on the Catalan Regulation of Travel Agencies and by the State Law on General Contracting Conditions (Law 7/1998, of 13 April). The contracting parties expressly submit to the jurisdiction of the Courts of Tortosa to resolve any discrepancies or claims arising from the interpretation or execution of the package travel contract and these general terms and conditions and waive the right to their own forum in the event that this should be different.

2.- ORGANIZATION

The technical organization of these trips is the responsibility of NJOY CATALONIA, S.C., with the corresponding Travel Agency guarantee.

3.- REGISTRATION FOR THE TRIP

The act of registration for the trip and the consideration of the reservation requires that the client has paid 100% of the total amount budgeted or in its absence the deposit of the % agreed upon as a reservation.

4.- MODIFICATION OF THE TRIP BY THE ORGANIZER

When the organizer is forced to significantly modify the essential elements of the trip, it shall notify the client in writing as soon as possible so that the client may choose between canceling the reservation or the contract, with the right to a full refund of the amounts paid, or accept the consequences of the modification of the initial trip. In the event that the client does not communicate his decision in writing within 7 working days of notification, it will be understood that he chooses to cancel the reservation or the contract. Sufficient causes for the modification of the trip are considered to be cases of force majeure (external, abnormal and unforeseeable circumstance) and when the number of people required for the realization of the trip does not concur in the case of group travel.

5.- CANCELLATION OR CHANGES BY THE CUSTOMER

Cancellations and modifications regarding the number and names of travelers and/or aspects of the contracted trip must be made 7 calendar days prior to the start date of the trip or activity, except in exceptional cases where the final service provider so requests, in order to be refunded the amount paid for the reservation if this is the case. Cancellations and modifications within these 7 calendar days will result in the non-refund of the amount paid for the reservation, however, the CUSTOMER will be offered the possibility of finding a date more suitable to their needs, remaining as a deposit the amount paid for the reservation.

6.- PRICE OF THE TRIP

The prices shown in this program have been calculated according to the rates, quotations and currency exchange rates in force as of March 1, 2020. Any variation in any of these aspects may be cause for modification of the prices. When the repercussion of the prices exceeds 15% of the total amount established, the client may withdraw from the trip with the right to reimbursement of his payments, with the exception of the management and cancellation fees in the event that the final service provider so requires.

7.- ACCOMMODATION ESTABLISHMENTS

The content and quality of the services provided by tourist accommodation establishments are determined by the local tourist category specified in the contract or in the technical data sheet. In the event that this classification does not exist, the description and characteristics of the establishment shall be expressed in the contract.

8.- DOCUMENTATION

The CUSTOMER is obliged to always carry with him the national identity card and also, if required, the passport, original and valid copies. The AGENCY has the duty to inform about special documents (such as visas, medical certificates of vaccination, health, etc.) required by the destination of the trip and the customer expressly assumes both their processing (except in case of other agreement with the agency) and the consequences of not carrying them or the fact that they are not valid or in force. Foreign clients must ensure that they comply with the visa requirements in order to enter, leave and move around the country of destination, in this case Spain, without problems and assume the consequences of non-compliance. Minors under 18 years of age must carry a document authorizing them to make the trip, signed by both parents, by the custodial parent (in cases of separated or divorced marriages) or by the legal tutor.

9.- ASSIGNMENT OF THE RESERVATION

The AGENCY expressly prohibits the transfer of the reservation to any person other than the holder.

10.- LIABILITY

The AGENCY, organizer of the trip, is liable for the consequences arising from the non-execution or deficient execution of the contract in proportion to its intervention in the management of the package. However, it will be exempted from this liability when it has been due to force majeure (external, abnormal and unforeseeable circumstance), by an event that the AGENCY, organizer of the trip, nor the suppliers have been able to avoid or when the cause is attributable to the customer or a third party. The CUSTOMER is obliged to communicate to the organizing agency, as soon as possible and in writing, any breach in the execution of the contract that has been verified on site. In group trips, the modification of the initial contract may be admitted provided that the alteration of the itinerary or the substitution of services are justified by weather circumstances, by unforeseen impositions of suppliers in the area or for reasons of limited local infrastructure. Any other alteration of the route must be approved by the group and expressly consented by the AGENCY.

11.- PRESENTATION OF CUSTOMERS

We recommend our clients to show up at the agreed meeting point or at the place where the contracted activities will take place at least 15 minutes before the established time.

12.- INSURANCE

All the trips that the AGENCY programs include travel insurance, the content of which is specified in the package travel contract.

13.- VALIDITY

These general conditions clauses have been drawn up as of March 1, 2020 and are valid indefinitely. In proof of conformity our clients must sign this set of general conditions clauses.

14.- DATA PROTECTION

In compliance with Organic Law 3/2018 on the Personal Data Protection and guarantee of digital rights, the AGENCY informs its CUSTOMERS that the personal data provided has been integrated into the files CUSTOMER CONTRACT owned by the AGENCY, to expedite its administrative and accounting management, and the management of the tourist services object of this contract. We also inform you that your data will be communicated to the service providers hired by you to proceed with the reservation of accommodation, ground service or any other service that requests the client's documentation, as well as our destination representative whose identity is stated in the Technical sheet attached to this contract and to the relevant authorities if necessary. Likewise, the CUSTOMER authorizes the treatment of the health data provided to the AGENCY in order to correctly provide the contracted services. In the same way, unless you indicate otherwise, your data will be treated in order to send you commercial information via email, related to the services we offer through the travel agency. In the event that the personal data provided to us is from another person, the AGENCY asks the CUSTOMERS to inform them of the content of this clause in order to comply with the right of information established in Organic Law 3/2018 of Personal Data Protection and guarantee of digital rights. They can exercise their rights of access, rectification, cancellation and opposition, communicating it via e-mail to hola@njoycatalonia.com , attaching a photocopy of the DNI along with their request.

And in accordance the present contract is signed with its general conditions, in place and date of the heading .

 THE AGENCY        THE CUSTOMER