Terms & Conditions
Terms and Conditions are subject to the stipulations of the Real Decreto Legislativo 1/2007, 16th November, of Spanish Law, adapting the texts of the Ley General para la Defensa de los Consumidores y Usuarios (Consumer Protection Act) and other complementary laws.
In these Terms and Conditions, “Company” , "us" means “Nieto Viajes y Eventos, SL”.
“Nieto Viajes y Eventos, SL” is the agency arranging your visits, transport, accommodation and sells it as a pack. We are located in Paseo de Zorrilla 106 – 2oD Valladolid, Spain. We are a a fully bonded Tour Operator with License n. CICL. 47-124
“Consumer” means the person who buys or agrees to buy the holiday or any person on whose behalf you agree to purchase the holiday and who is listed on the Booking Form or any other person to whom you transfer a holiday which you have bought.
1. The contract
(a) This document creates a contractual relationship when the Company has received its completed Booking Form together with a deposit or full payment for the holiday. The terms of contract are contained solely in this booking form, the Company’s confirmation, The Company’s Brochure and Website and the itinerary issued by The Company.
(b) The Company reserves the right to terminate the contract with the Consumer if the behavior or conduct of the Consumer or any person listed on his/her Booking Form either prior to or during a holiday is likely to endanger the safety or well being of other Consumers in his company or that of the Consumer himself, or that of the Company’s representatives, contractors, agents or employees.
2. Deposit and Payment
To secure a holiday, the Consumer must pay a deposit of 25% of the value of the holiday for his/her party at the time of booking. A holiday must be paid for in full at least 60 days before the starting date of the holiday. If it is not paid by that date the Company shall have the option to cancel the holiday.
3. Substitution
a) Where the Consumer is prevented from proceeding with the holiday, he may transfer his booking to a person who satisfies all the conditions required, having first given the Company reasonable notice in writing of his intention to do so before the departure date (such notice shall not be less than 21 days prior to the date of departure). The transferee of this Consumer must sign a Booking Form and comply with any other requirements of the Company applicable to the holidays.
(b) A Consumer who transfers a holiday booking shall be jointly and severally liable with the transferee to the Company or Retailer for the payment of any balance due in respect of the holiday and for a substitution fee of €30 per person substituted.
(c) Insurance is not transferable.
(d) In accordance with the terms of Clause 1 (a) the Consumer who transfers a holiday booking and the transferee should be aware that some suppliers, such as carriers, impose cancellation fees and apply restrictions which are not within the control of the Company and for which the Company shall not be held liable. The transferor and transferee are both liable for these cancellation fees.
4. Cancellations & changes
Risk-Free Cancellation Policy
If you need to cancel your travel up to 7 days before your departure date, for any reason, you may reschedule your vacation within 365 days with no cancellation fees.
The full value of amounts paid to the Company will be held on file for you and used as credit towards the rescheduled tour, for tours run only by the Company
Guided Tours / Group booking
Consumers or Groups are entitled to cancel their booking at any moment prior to the tour, if they do not wish to reschedule for a future date. All cancellations and date alterations must be advised in writing (preferably by e-mail) to the Company prior to tour departure. This will incur some cancelation charges based on the following terms. Charges are expressed in percentage of the holiday cost. Once the holiday starts there will be no refund.
If the Company exercises that option or if the Consumer cancels the holiday the following cancellation charges are payable by the Consumer:
- 60 days or more days prior: Forfeiture of deposit*
- Between 59 and 45 days: 35%
- 14 to 8 days prior: 80 %
- Less than 8 days prior: 100%
* The Company will forfeit the deposit, alternatively it can be kept for future tours run only by the Company.
Changes Made by the Consumer
Once all of your land arrangements have been confirmed, it may be possible to alter your tour, subject to availability. We also understand you may wish to change your travel arrangements after arriving in Spain. The Company charges a € 30 amendment fee for each time an amendment is made to the reservation.
Changes Made by the Company
The Company plans your travel arrangements many months in advance. Amendments may sometimes be necessary for reasons beyond the Company’s control. The company reserves the right to make such changes at any time prior to the Consumer’s arrival in Spain. This will be openly communicated to the Consumer.
In the unlikely event that changes do need to be made to the original booking before departure and after the Consumer’s arrival in Spain, or in the case of advertised accommodations being unavailable at time of booking, the Company will offer an alternative of the same standard as close as possible to the original location. This will be communicated to the Consumer.
In the rare event that a journey or entire tour is canceled by the Company, for any reason other than nonpayment by the Consumer, for reasons other than force majeur or extraordinary causes beyond the Company’s control, the Consumer will be offered the choice of purchasing another arrangement from the Company, with the price difference payable/refundable or of receiving a full refund of the total amount paid to the Company.
If a journey is canceled by the Company for reasons of force majeure or extraordinary causes beyond its control, the Company will make every attempt to recoup the maximum reimbursements from subcontractors, agents and suppliers of services and will in turn refund all recoverable costs.
5. Responsibility & Liability
Guaranteed prices
The Company guarantees that no increase in costs will be charged to the Consumer, once he has paid the deposit for his tour. This is his protection against international currency fluctuations.
The Company acts only as a booking agent for the various service providers. Bookings and transactions arranged by the Company are subject to the terms and conditions and limitation of liability imposed by accommodation providers and car rental agencies.
Damage claims
The Company does not accept any liability for any loss, damage claims (direct or indirect, incidental, special or consequential, including but not limited to lost profit or lost savings), accident, delay, omission or act whether negligent or otherwise on the part of a supplier of facilities for travel or any representative, employee, agent of a supplier of facilities for travel.
The Company shall not be liable for any damage caused to the Consumer by the failure to perform the contract or the improper performance of the contract where the failure or the improper performance is due neither to any fault of the Company or Retailer acting on the Company’s behalf nor to that of another supplier of services:
(a) the failures which occur in the performance of the contract are attributable to the Consumer;
(b) such failures are attributable to any third parties unconnected with the provision of the services contracted for, with whom the Consumer makes individual direct arrangements whether as a result of the Company’s or its representative’s recommendation and are unforeseeable or unavoidable; or
(c) such failures are due to unusual and unforeseeable circumstances beyond the control of the Company, the Retailer acting on his behalf or other supplier of services the consequences of which could not have been avoided even if all due care had been exercised;
The Consumers responsibility
- The Consumer must check all travel documentation at the moment it is provided. If the Consumer considers any document is incorrect or has a query in relation to its contents, any concern should forthwith be notified to the Company.
- The Consumer is solely responsible for ensuring that they present themselves at all the meeting points of the tour mentioned in the travel documentation provided by the Company. If the Consumer arrives after a scheduled visit time stipulated in the travel documentation, the Company shall not be obliged to carry the Consumer and shall be entitled to treat the venue as cancelled by the Consumer.
- The Consumer is restricted by regulation of carriers and executive authority with regard to the weight, type and contents of baggage which he may take on board the craft and/or vehicles which will be used in connection with the holidays.
- The Consumer hereby agrees that they shall abide by all instructions or directions given by a member of the Company’s staff or any crew member of a carrier’s craft or vehicle used in connection with the holiday and hereby agrees to indemnify the Company against any loss or injury suffered or incurred by any other person as a consequence of the Consumer’s failure to act in accordance with any such direction or instruction.
6. Travel Insurance
As required by Law, and in accordance with the Consumer Protection Act of Spanish Law (Ley 1/2007 General de Defensa de Consumidores y Usuarios) the Company informs clients of the existence of Travel Assistance and Cancellation Insurance, for added protection and convenience during travel, and as protection against possible cancellation charges.
7. Dispute Resolution
In case of a dispute the Court of Salamanca, Spain, will have jurisdiction over the contract agreed between the Company and the Consumer.