LEGAL NOTICE AND GENERAL TERMS AND CONDITIONS OF USE

www.udestinations.es

These Terms and Conditions govern your access to and use of the uDestinations website (www.udestinations.es).

Access and/or use of the Website confers the condition of User, and implies acceptance, from said access and/or use, of all the legal conditions indicated in these Terms and Conditions of Use, the Privacy Policy and Cookies.

If you are a registered user/customer or customer, it is understood that you accept all the legal conditions indicated in these terms and conditions of use at the time of registration and/or in the purchase process and during your browsing.

I. GENERAL INFORMATION

1. OWNERSHIP OF THE PLATFORM

Users of this website, hereinafter referred to as "Users", are hereby informed, in compliance with the duty to provide information set out in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of 11 July, as well as in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, that the following general information on this Website is provided below:

This Website, www.udestinations.es (hereinafter Website) is owned by:

uDestinations Unique & Tailored Travel Experiences, as representative: Milagros León Mendoza, hereinafter referred to as uDestinations, with VAT NO 51769697Dand whose contact details are

  • Address:

C/ Pío Baroja 7. P3, P23

Mérida - Badajoz 06800

Likewise, given the nature of the activity carried out by uDestinations, receptive in Spain and Portugal, it is registered in the Register of Tourism Companies and Activities in the Community of Extremadura with the following registration details: AV-00571, with CIEX 06-00271-m.

2. IDENTIFICATION OF THE PARTIES

On the one hand, uDestinations, with the above-mentioned data.

And, on the other hand, the natural person, hereinafter User, who accesses the Website to obtain information and/or contract any of the services offered through the Website and who declares that he/she is of legal age (i.e. is at least 18 years old) and has the necessary legal capacity to be bound by this agreement and to use this website in accordance with this Legal Notice, Conditions of use of the website and with the General Conditions of each type of service offered on the website, which he/she declares that he/she understands and comprehends in their entirety.

3. Use of cookies and Privacy

In compliance with the provisions of Article 22.2 of the LSSICE and in accordance with the European Directive 2009/136/EC, informs that this website accepts the use of cookies.

In compliance with the provisions of Article 22.2 of the LSSICE and in accordance with the European Directive 2009/136/EC, informs that this website accepts the use of cookies.

II. GENERAL TERMS AND CONDITIONS OF USE

1. SUBJECT OF THE CONDITIONS: WEBSITE

The purpose of these General Conditions of Use (hereinafter, Conditions) is to establish the general conditions that regulate the access, navigation and use of the Platform, Website, as well as the contents that comprise it, without prejudice to the fact that uDestinations may establish specific conditions that regulate the use, provision and/or contracting of the products or services that, where appropriate, are offered through the Website.

Access to the Website, the use of the contents, products and/or services offered therein, as well as the completion of forms, the publication of information, the sending of requests for information, queries, complaints, the receipt of newsletters and, in general, any act of a similar nature to the above implies the acquisition of the condition of User and the acceptance without reservations or limitations of the Legal Notice, the Terms and Conditions of Use and Contracting, the Privacy Policy, the Cookies Policy which, where appropriate, have been established for this purpose and which shall form an integral part of this Legal Notice. All of these may be consulted on the Website.

uDestinations reserves the right to offer certain products, services or content exclusively to Users registered or under subscription through the Website and who expressly accept the particular conditions that may apply. The User must read carefully and know the contents of this Legal Notice..

uDestinations reserves the right to suspend or interrupt, at any time and without prior notice, access to the contents, products and/or services of the Website, as well as modifications to the configuration and configuration of the Website and its services for maintenance, repair, updating, improvement and/or adaptation to technical, operational and/or legal changes, or by decision of uDestinations, without the possibility of the User being able to claim or demand any compensation whatsoever.

After the period of suspension or interruption, the prohibitions, restrictions and limitations contained in this Legal Notice and/or in any applicable Terms and Conditions and Special Conditions shall continue to apply.

2.    DEFINITIONS

  • User: any person accessing or using the Website in any way. Access, browsing and use of the Website, whether "registered" or not, as well as the spaces enabled for interaction between users or with uDestinations, such as comments and/or blogging spaces, among others, confers the status of User, and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations, as the case may be. Given the relevance of the above, the User is recommended to read the terms each time he/she accesses or visits the Website. 
  • Client: any user who has generated a purchase, whether through our online or offline site.
  • You and Your(s): refers to you, as a user of the site
  • We, Our (a): refers to uDestinations
  • Content: refers to text, images, photos, video, audio and any other type of data or communication.
  • Its contents: means content that you transfer through or in connection with the Website, such as itineraries, raitings, reviews, messages, photos and information that you post on your account/profile.
  • User content: means content that users submit or transmit through the website.
  • Content of uDestinations: content that we create and make available on our website or social media or other media.
  • Third-party content: refers to content created by third parties other than users, such as suppliers or others.
  • Website content: means all content of all types displayed on the Site, including: your content, user content, third party content and uDestinations content.
  • Cases of force majeure: Cases of force majeure, according to article 1105 of the Civil Code, are understood to be external, unforeseeable or unavoidable circumstances that cannot be resisted, such as natural disasters not common to the area, shipwreck, earthquake, enemy seizures, acts of authority exercised by public officials, etc.
  • Right of withdrawal: This is the possibility for the consumer or user to cancel the concluded purchase contract by notifying the other party within the stipulated period.

The right of withdrawal has a minimum period for its exercise of 14 calendar days, without the need to justify the decision and without penalty of any kind, i.e. in this effect the consumer will be credited with the amount paid, as applicable.

The user will find more information through this link: https://www.boe.es/buscar/act.php?id=BOE-A-2007-20555#a102.

3.    CONDITIONS OF USE

Access to the Website is free of charge provided that the user accepts the conditions of use in accordance with current legislation.

If the user subscribes / registers for any service on the Website, he/she accepts the Terms of Use, Privacy Policy and Cookies that will be displayed on the website. 

4.    CHANGES TO THE TERMS OF USE

uDestinations may change the terms of use from time to time; however, the most current version will always be posted on the website. The last date of update will be indicated in this document.

It is understood that access to or use of the website following changes to the terms indicates your acceptance of the new terms.

5.    VERACITY OF THE DATA

The User or Client acknowledges that the data provided is true and accurate, and undertakes to notify any change or modification that may occur in the same.

6.    MODIFICATION OF THE SERVICE

Website reserves the right to modify or eliminate the services offered through the website, always respecting the conditions agreed at the time of purchase.

7.    GENERAL RULES OF USE

The User undertakes to use this Website in a diligent, correct and respectful manner, especially when posting opinions and/or comments.

It also undertakes, by way of example, not to make any comments or take any action:

  • Defamatory, inaccurate, false, abusive, abusive, offensive, obscene, irreverent, offensive, insulting, tacitly or expressly sexual, threatening, harassing, racist, sexist, discriminatory for any reason, that violate morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and in general the current regulations, and/or illegal or infringing third party rights (for example, e.g., e.g.., industrial and intellectual property rights; privacy or publicity rights).
  • Transmitters of spam, "SPAM", messages for commercial purposes, "chain letters" or mass mailings that are unsolicited, false, misleading or promote illegal activities or conduct that is rude, threatening, obscene, defamatory or libellous.
  • To provide practical information on illegal activities.
  • Involving any commercial activity, advertising or sales, even if there is no monetary consideration.
  • Containing personal data on third parties which require the consent of the owner or holder of the rights.

The User shall be liable to the Website or any third party for any damages that may be caused as a result of a breach of this obligation.

uDestinations offers a platform for sharing travel content and experiences, as well as tools for trip planning by the registered customer.

uDestinations does not control the content shared on the Website and shall not be responsible for the opinions expressed by Users through comments or other tools or otherwise, but reserves the right to, at any time and without prior notice, remove or disable access to any profile, especially those that it considers may violate the terms and conditions of use.

Mere access to this Website does not imply the establishment of any type of commercial relationship between uDestinations and the User.

The User declares that he/she is of legal age and has sufficient legal capacity to be bound by these Terms and Conditions. Therefore, the Website is not intended for minors. uDestinations declines any responsibility for non-compliance with this requirement.

8.    INTELLECTUAL PROPERTY

These legal conditions do not transfer any intellectual or industrial property rights over this website and its contents (photographs, videos, creations, text, etc.).

The user is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, resending or using any of them in any way, by any means or procedure, except in cases where this is legally permitted or authorised by the owner of the corresponding rights.

9.    OBLIGATIONS OF THE WEBSITE

  • Website is responsible for the services it provides itself and for the contents directly originated by the website itself and identified with the corresponding copyright.
  • The Website shall adopt the necessary measures to guarantee the security and privacy of communications.
  • The Website reserves the right to temporarily suspend the provision of the service without prior notice to the User, provided that this is necessary to carry out maintenance operations, update or improve the service, or other necessary operations.
  • Website cannot ensure the permanent availability and continuity of the web service due to interruptions, failures, etc.

10. Access and navigation on the website: exclusion of warranties and liability

uDestinations will make every effort to maintain the proper functioning of the website, seeking to ensure the continuity, availability and usefulness of the website as well as its contents or services. However, uDestinations is not responsible for and does not guarantee that this Website will be uninterrupted or error free.

In the event that the content or software that can be accessed through the website generates damage to the user's computer system (hardware or software) or contains errors, we will act with the greatest possible diligence.

uDestinations shall not be liable for any damages that may be caused to users due to improper use of this Website; nor for any crashes, interruptions, faults or defects in telecommunications that may occur.

GENERAL TERMS AND CONDITIONS

www.udestinations.es

1. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

uDestinations reserves the right to bring any civil or criminal action it deems necessary for improper use of the Website and its Contents, or for breach of these conditions of use.

The relationship between the User and uDestinations shall be governed by the regulations in force and applicable in Spanish territory. Should any dispute arise in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to ordinary jurisdiction, submitting themselves to the judges and courts that correspond according to the law.

2. BOOKING AND CONTRACTING POLICY

a. Tariffs and prices

All prices shown on the Website are in euros and include VAT (according to the corresponding regime). Likewise, services under the Special Travel Agency Scheme also include VAT.

Any variation in the applicable concepts, bases or tax rates will be reflected in the final price of the service on the date on which it is provided.

b. Membership of Confianza Online

Our entity is a member of Confianza Online (non-profit association), registered in the National Register of Associations Group 1, Section 1, national number 594400, CIF G85804011, Carrera de San Jerónimo, 18, 4º 1, 28014 Madrid (Spain). For further information: www.confianzaonline.es. These General Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Act, we inform consumers that, as a member entity and in accordance with the terms of th Código de ConductaUsers may turn to Confianza Online for alternative dispute resolution (https://www.confianzaonline.es/como-reclamar/formulario-dereclamaciones/). If they concern electronic transactions with consumers, or data protection when related to this area, the complaints will be resolved by the Mediation Committee of Confianza Online, accredited for the alternative resolution of consumer disputes. If the complaints concern digital advertising, or data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury. In addition, consumers can access the European Union's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

c. Who can buy?

The purchase of goods and services is limited to users who are legally entitled to purchase services under European law. Therefore, in order to purchase services on this Website, you must be at least 18 years old and to rent a car you must be at least 21 years old; by attempting to purchase services on this Website we assume that you are over 18 years old according to the terms stated.

The service is only available to individual customers, companies or partnerships that we consider valid. The validity criteria includes those who have a bank account with a financial institution accepted by uDestinations, such as banks or Stripe, and who comply with the conditions mentioned in our Terms of Use and Privacy Policy.

d. Responsibility of uDestinations

Although uDestinations takes the utmost care to ensure that our suppliers maintain a high level of service quality, uDestinations cannot be held responsible for problems that may arise, or arise from bookings or services that it does not directly manage, where the client has not contracted uDestinations as an intermediary (hotels, car hire, private transfers or other activities).

In the case of digital travel guides, although uDestinations makes every effort to keep the information accurate and up to date at all times, it is not liable for any damages and disclaims any liability for following the suggested itinerary, as it is a suggestion, or for any inaccuracies that may appear at the time of embarking on the trip. If the consumer makes a reservation for a service or activity recommended to a third party provider and not through the direct intermediation of uDestinations, the consumer assumes the risk of his or her choice. 

If the traveller organises his or her trip with digital travel guides and manages his or her bookings independently, it is recommended that the traveller takes out travel insurance.

e. Liability guarantee

uDestinations, as a travel agency, is covered by a civil liability insurance with the company Markel, which covers the civil liability for the operation of the business, indirect or subsidiary and for primary patrimonial damages.

In addition, it has a security deposit of €100,000 as an agency, as required by the travel agency regulations of the Community of Extremadura.

The exclusion of liability of uDestinations is considered to be justified by, among others, speculative, false or fraudulent booking of trips made by the client, or cancellation of trips by the client, failures in the execution of the agreements attributable to the client, failures attributable to a third party outside the offer of the planned service and failures of an unforeseeable and unavoidable nature and situations arising from force majeure.

f. Non-compliance of the Tour Operator

If, for any reason that we could not foresee, even acting with the utmost diligence, we are obliged to alter any of the services offered in the chosen programme, other options will be offered, respecting the budget. The client will be able to choose other available services for an approximate value; services of lesser value will imply the reimbursement of the difference in price generated.

In the event that any activity or service included in the agreed itinerary is not available on the desired date, for reasons beyond the control of uDestinations, it will be modified, replacing it with another activity of similar cost and of interest to our clients or modifying the date.

g. Travel documentation

The client must have all personal and/or family travel documents valid: identity card, authorisation for minors, passports, visas and any other documents that may be required.

Any problems arising from travel documentation are the responsibility of the customer.

The client is advised to check with their embassy or consulate in the countries of destination to secure the required documentation.

In no event shall uDestinations be liable, directly or indirectly, for the prohibition of entry or denial of visas in any country, as no other country mobilisation services to the destination are included.

3. CUSTOMER CANCELLATION, REFUND, ALTERATION AND WITHDRAWAL POLICY

Some services will have specific conditions, which will be shared at the time of contracting the service, which should prevail over these general conditions outlined in these terms of use of the service.

For any modification or cancellation of a reservation you must contact uDestinations, by email or by the contact form. Cancellations cannot be made directly through the website.

a. Force Majeure Cases

In case of force majeure the customer should contact uDestinations by email (contact@udestinations.es) or web form (https://udestinations.es/contact) with the subject line: "Cancellation - force majeure" as soon as possible and submit the respective official supporting documents in order to be able to evaluate the case.

b. Unused services

No refunds or changes will be made to accommodation, meals, excursions, transport or any other service included in the price of our programmes after the start of the programme. If any of the services paid for are not used, for any reason, during the programme, no refund will be made, except in cases of force majeure, in accordance with the refund policy.

c. Alteration and Change

In the event that the client wishes to change the agreed date for the service and/or experience and uDestinations can carry out the service and/or experience on the new date of interest, uDestinations will not charge for the change of date as long as there is space, it is feasible, it does not generate extra costs to uDestinations and it is requested more than 2 weeks before the start of the trip and/or experience. In the event that a new itinerary is required, the itinerary customisation fee per day will be charged.

d. Right of withdrawal

If the customer wishes to exercise his right of withdrawal, he can contact us via this e-mail address: contact@udestinations.es with the subject: "Cancellation - Withdrawal" and you will be provided with the necessary documentation to carry out the procedure. 

Where applicable, uDestinations will refund all amounts received, including delivery charges (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), within 14 calendar days, using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly provided otherwise and provided that the consumer does not incur any costs as a result of the refund, however, if the consumer is the one who returns the goods, uDestinations may withhold the refund depending on which of the following conditions is met first:

- Until receipt of goods 

 - Until the consumer provides proof of return of the goods, such as proof of transport from the transport company.

In the event that this right does not apply, the user may review the exceptions (article 103 TRLGDCU) and receive more information by accessing this link: https://www.boe.es/buscar/act.php?id=BOE-A-2007-20555#a103

4. Booking and payment policies

a) Means of payment: In general, uDestinations accepts the following payment methods: Credit Card (VISA, MasterCard, Maestro and American Express) or bank transfer.

b) Invoices: uDestinations will send invoices/receipts by email or digital means free of charge if the customer confirms their consent and requests their issue by ticking an option box during the purchase process. You will receive your invoice in electronic format to the email address you set at the time of placing the order. Likewise, the customer may request an invoice in paper format and it will be sent to him/her without any associated cost.

5. uDestinations offers different online services as an incoming online agency in Spain and Portugal:

5.1. Customised travel arrangements

a) Description of the service

Personalised planning and organisation of the trip, according to the client's requirements.

The price of this service derives from the contracting of each of the services contracted, such as: transport, accommodation, entrance fees to monuments, guided tours, etc. and is agreed with the traveller by means of acceptance of the quotation.

If Premium support is required, the cost for each day is €20 (including taxes) regardless of the cost of the service you wish to book, such as hotels, mobility, restaurants, etc. The purchase of this service will only be made according to agreement and review of the joint itinerary. Once the budget has been approved, payment will be made according to the means indicated, before which the specific conditions of travel will be shared.

b) Payment policy

After knowing the needs and interests of the user through a form and agreeing on the base itinerary and budget, in order to be able to make the personalised itinerary in detail, the advance payment of 50% will be requested. You will receive an email from uDestinations and payment will be required to confirm the booking of the service. If the client wishes, he/she may pay for the full service.

The reservation will only be effective with the suppliers after we have received confirmation of payment from our bank or other means of payment.

Please note that if this process takes too long, the requested service may not be available for the booking date, without liability on the part of uDestinations.

The rest of the outstanding payment is due 2 months before the start of the trip so that uDestinations can create your "Travel Kit" (guidebook, map, vouchers, etc.) in time. If this final payment is not received by the due date, the booking will be considered cancelled and our cancellation policy will apply.

If you wish to organise personalised activities at the destination, at short notice, 100% of the cost must be paid in order to make the reservation effective.

(c) Right of withdrawal or cancellation

For this service, if they are independent experiences, such as a hot air balloon trip, wine tasting, museum visits, among others, the customer may not exercise the right of withdrawal on the basis of the exception legally provided for in article 103 TRLGDCU section l) which states the following:

(l) the provision of accommodation services for purposes other than housing, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of performance.

On the other hand, if the service is in the nature of a package, the customer shall take into account the provisions of the Article 160 TRLGDCU. You can review more information about this section here The customer must pay the cancellation and management fees that will be indicated in the quotation shared with the customer prior to purchase.

5.2. Digital Travel Guide

a) Description of the service

Itinerary and useful information to organise your trip effortlessly, with recommendations and details of monuments and places to visit, restaurants and accommodation in the area, among many others.

Itinerary cost for the route or area of interest: €50 (taxes included, depending on the scheme applicable) to be contracted through the online shop.

If the user wishes to have an itinerary customised to the traveller's needs, per day, the daily cost of this guide will be €25/day customised (taxes included depending on the scheme applied) to be contracted through the online shop and based on the client's online request.

b) Payment policy

This is a digital travel guide that can be purchased via the uDestinations online shop. If you want a personalised guide, you pay per day for the desired personalisation, or if you want the route guide, you pay a flat rate for the recommendation guide, all in advance at the time of order. Currently only the flat rate digital guide is available in the online shop. 

In the case of personalised guides, the customer will receive a first proposal within 48 hours of payment confirmation and it will be reviewed according to the customer's needs. In the case of travel guides available in shop, the customer will receive the guide within a maximum of 48 hours after purchase, in the customer's personal area on the website.

Upon purchase of this digital guide, the consumer will receive an email with the information and the link to enjoy the product. 

(c) Right of withdrawal

For this service, the right of withdrawal does not apply on the basis of the exception legally provided for in article 103 TRLGDCU paragraph m):

"The supply of digital content which is not provided on a tangible medium when performance has begun and, if the contract imposes an obligation on the consumer or user to pay, when the following conditions are met:

1. The consumer or user has given prior consent to start the performance during the period of the right of withdrawal.

2.º The consumer or user has expressed their knowledge that, as a result, they lose their right of withdrawal; and

(3) The employer has provided a confirmation in accordance with Article 98(7) or Article 99(2)".

5.3. Online Shop Experiences

a) Description of the service

Different activities on our online platform where the client can freely contract the one of their interest, with taxes included in the price according to the regime that applies, without an organised departure date. Once the experience has been chosen and payment has been generated, the client must schedule the enjoyment of their experience according to their interest and availability.

b) Payment policy

The payment and contracting of the experience or service that the client wishes, will be made on the website. Once the payment confirmation is received, the client will be contacted to review dates of interest, availability and confirm details to the client.

In the event that the client has paid for the experience and upon receipt of payment it is found that there is no availability for the desired date, uDestinations will refund 100% of the cost or offer the option to rebook on another date or exchange it for another service of a similar amount.

(c) Right of withdrawal

The right of withdrawal applies to this service. The customer may withdraw within 14 calendar days from the purchase of the service. The consumer may communicate their withdrawal through any channel that allows to record their decision, being able to use this channel as a means of communication. withdrawal form although their use is not mandatory.

uDestinations shall refund all amounts received within 14 calendar days from the date on which it was informed of the consumer's decision to withdraw from the contract, using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly provided otherwise and provided that the consumer does not incur any costs as a result of the refund.

5.4. Experience Vouchers

a) Description of the service

3 types of vouchers, for 2 people, which can be purchased online and include accommodation + experiences to be carried out in Spain (Extremadura) or Portugal (Alentejo or Centro), over 1 year as indicated in the service, including the corresponding taxes. These services are invoiced under the Special Regime for Travel Agencies, under Art. 6.1.n. and 7.1.i of RD 1619/2012, of 30 November.

b) Payment policy 

They can be purchased to enjoy or to give as a gift to a third party, without having to choose the package of interest until the moment of booking.

You pay 100% at the time of purchase, with the possibility of enjoying the service for 1 year, by the means of payment indicated on the Website.

Once you have made your purchase, you will be sent documentation regarding your voucher detailing the booking process and the detailed conditions of your trip, modification, cancellation and refund policy and other relevant aspects.

Once you express your interest in booking your experience, detailed booking documentation will be sent to you:

  • Specific location of the experience: accommodation and activities. Estimated distance to the activity and location for the start of the chosen activity.
  • Estimated duration of the chosen activity.
  • List of accommodations that apply to the rate of the voucher purchased, their location, description and category.
  • The chosen experience with details of beverages and number of meals.
  • Timetables available for the experiences or monuments to be visited.
  • State of the health situation and requirements for the area to be visited: Extremadura in Spain or Portugal.
  • In case the customer is not in Spain or Portugal, comes from the European Community and travels expressly to enjoy this Voucher and does not contract the flight with a travel agency, he/she will be sent information regarding the need for a visa or passport and health requirements.
  • Information on possible costs arising from the booking made and to be settled at the destination with the suppliers.
  • Information on other possible activities to be carried out in the area.
  • The amount, if any, per fare differential at the desired time and the dates and means of payment.
  • Name and details of the organiser.
(c) Right of withdrawal

The right of withdrawal applies to this service. The customer may withdraw within 14 calendar days from the purchase of the service. The consumer may communicate their withdrawal through any channel that allows to record their decision, being able to use this channel as a means of communication. withdrawal form although their use is not mandatory.

uDestinations shall refund all amounts received within 14 calendar days from the date on which it was informed of the consumer's decision to withdraw from the contract, using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly provided otherwise and provided that the consumer does not incur any costs as a result of the refund.

5.5. Group Services

a) Description of the service

Group services refer to excursions or circuits planned for specific groups of more than 8 people. Where there is an established starting point and the places to visit and services to offer throughout the day, whether half-day or full day. 

These can be contracted by companies, institutions or communities, among others, to have a tailor-made service for their group or even directly by the group itself.

b) Payment policy

In the case of group services, which have been custom-designed with a minimum number of participants, the booking will be made after registration and the reservation will only be valid once 100% of the services have been paid, either on a seat-by-seat basis or for a single client.

The start of the activity will be confirmed up to 72 hours before the planned departure, for day trips, and 10 days for trips with accommodation included. In the event that the minimum number of people is not covered, 100% of the booking fee will be refunded or exchanged for another experience, of a similar amount, if the client prefers.

(c) Right of withdrawal

For this service, in the case of independent experiences or excursions that do not include accommodation, the customer may not exercise this right on the basis of the exception legally provided for in article 103 TRLGDCU section l):

(l) the provision of accommodation services for purposes other than housing, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of performance.

On the other hand, if the service is in the nature of a package, the customer shall take into account the provisions of the Article 160 TRLGDCU. You can review more information about this section here The customer must pay the cancellation and management fees that will be indicated in the quotation shared with the customer prior to purchase.

6. Combined Trips

General Conditions of the Package Travel Contract

6.1. LEGAL REGULATION APPLICABLE TO THE PACKAGE TRAVEL CONTRACT AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

These General Conditions are subject to the provisions of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law on Consumers and Users and other complementary laws (B.O.E. 30-11-07) and its amendments, and other provisions in force.

6.2. ORGANISATION

This package tour has been organised by uDestinations Unique & Tailored Travel Experiences, as representative: Milagros León Mendoza, hereinafter referred to as uDestinations, with VAT NO 51769697Dand whose contact details are

  • Address:

C/ Pío Baroja 7. P3, P23

Mérida - Badajoz 06800

Likewise, given the nature of the activity carried out by uDestinations, incoming tourism in Spain and Portugal, it is registered in the Register of Tourist Companies and Activities in the Community of Extremadura with the following registration details: AV-00571, with CIEX 06-00271-m.

6.3. PRICE

The price of the package includes all the services and complements specified in the programme/offer contracted, in the shared budget and expressly stated in the package travel contract, as well as the Value Added Tax (VAT) or the corresponding one, when applicable.

6.3.1. Price review

The price of the package has been calculated on the basis of the exchange rates, transport tariffs, cost of fuel or other energy sources and taxes and charges applicable on the date of issue of the programme/brochure or any subsequent ones that may have been made public.

Any variation in the price of the aforementioned elements may lead to a revision of the final price of the trip, both upwards and downwards, after the celebration in the strict amounts of the aforementioned variations:

After the conclusion of the contract, prices may only be modified either upwards or downwards as a direct consequence of changes in:

a) The price of passenger transport derived from the cost of fuel or other energy sources;

b) The level of taxes or fees on travel services included in the contract, imposed by third parties not directly involved in the performance of the package, including tourist, landing, embarkation or disembarkation fees, taxes and surcharges at ports and airports; or,

(c) the currency exchange rates applicable to the package.

Likewise, the traveller is entitled to a reduction of the price for any reduction of the aforementioned costs occurring in the period between the conclusion of the contract and the start of the package. In this case, uDestinations is entitled to deduct the actual administrative costs from the reimbursement due to the traveller. Upon request, the traveller will be provided with proof of these administrative costs. Such changes shall be notified to the traveller in a clear and comprehensible manner, with a justification and calculation on a durable medium, no later than 20 calendar days before the start of the package. This price change shall be calculated by adding/subtracting the increase/decrease in cost that has occurred to the price of the package. If the aforementioned price increase exceeds eight percent of the total price of the package, the traveller may, within a reasonable period specified by the organiser, accept the proposed change or terminate the contract.

6.3.2. Special offers

When the package is contracted as a result of special offers, last minute or equivalent, at a price different from that stated in the programme/brochure, the services included in the price are only those specified in detail in the programme/offer, even if the offer refers to one of the programmes described in this brochure.

6.3.3. Exclusions
6.3.3.1. The price of the Package Tour does not include

Fees, taxes and/or local charges to be paid by the client at destination, such as tourist, ecological, hotel taxes, etc., visas, airport taxes and/or entry and exit taxes, vaccination certificates, drinks, special diets and, in general, any other service that is not expressly detailed in the programme/offer/budget, in the package travel contract.

It does not include additional charges that may be levied by some accommodations directly at the destination for additional services made available to the traveller, even if the traveller does not make use of them.

Tips are not included in the package price.

6.3.3.2. Optional excursions or visits

Optional excursions or visits not contracted at origin do not form part of the package travel contract. Their publication is for information purposes only and the price is expressed as "estimated". Therefore, at the time of contracting at the destination, there may be variations in their costs, which may alter the estimated price.

On the other hand, these excursions will be offered to the consumer with their specific conditions and definitive price independently, and there is no guarantee that they will be carried out until the moment they are contracted.

6.4. METHOD OF PAYMENT. REGISTRATION AND REFUNDS

At the time of the request for services, an advance payment may be required, which shall not exceed 40% of the total amount of the trip, unless the service providers require the advance payment of higher amounts, issuing the corresponding receipt specifying, in addition to the amount advanced by the consumer, the package requested. The remaining amount must be paid in accordance with the established payment schedule, and in any case, before the delivery of the vouchers or travel documents, which must be made sufficiently in advance of the date of departure (at least seven days before the date of departure).

If the total price of the trip is not paid in the aforementioned conditions, it shall be understood that the consumer withdraws from the trip requested, and the conditions set out in the following section shall apply. All refunds for any reason whatsoever shall always be made through the Retail Agency where the registration was made, and no refunds shall be made for services not used voluntarily by the consumer. 

6.5. WITHDRAWAL OF THE CONSUMER, CANCELLATIONS AND CANCELLATION OF THE TRIP DUE TO THE MINIMUM NUMBER OF PERSONS REGISTERED OR UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES.

6.5.1. At any time prior to the start of the package, the traveller can terminate the contract, in which case the traveller must compensate the Agency and/or Organiser with the penalties indicated below:

1) Cancellation and handling fees will be indicated in the quotation shared with the customer prior to purchase.

2) Cancellation handling fees, as specified in the particular conditions.

If you do not show up at the scheduled departure time, you will not be entitled to any refund of the amount paid.

Notwithstanding the above, where unavoidable and extraordinary circumstances arise at the place of destination or in the immediate vicinity that significantly affect the execution of the package or the carriage of passengers to the place of destination, the traveller shall be entitled to terminate the contract before the start of the contract without paying any penalty. In this case, the traveller shall be entitled to a full refund of any payment made, but not to additional compensation.

6.5.2. Assignment: The traveller may assign his/her contract to a person who fulfils all the conditions applicable to said contract by giving prior notice to uDestinations, at least seven calendar days before the start of the package holiday. The transferor and the transferee shall be jointly and severally liable to the Travel Agency for the outstanding amount of the tour price as well as for any commission or surcharge and for the additional costs of the transfer. You shall be informed of the actual costs of the assignment, such costs shall be reasonable and shall not exceed the costs actually borne by uDestinations (you shall provide the assignor with proof of any commissions, surcharges or other additional costs arising from the assignment of the contract).

6.5.3. In the event that the package tour is subject to special economic conditions of contracting, such as charter flights, special fares, cancellation fees shall be established in accordance with the conditions agreed between the parties. Changes to the schedule of special flights (charter flights), up to 48 hours before their departure date, shall not be considered sufficient reason for the cancellation of the trip by the customer. It is the customer's responsibility to reconfirm the special flight schedules 48 hours before the flight date. If the approach flights to the cities of origin of these special flights have not been booked through the Shipping Company or Organising Company, the latter will not be responsible for any expenses that their modification or cancellation may cause due to changes in the operation of these special flights.

6.5.4. uDestinations may cancel the contract and reimburse the traveller for all payments made by the traveller, but shall not be liable for any additional compensation if it is prevented from performing the contract due to unavoidable and extraordinary circumstances and the traveller is notified of the cancellation without undue delay before the start of the package, or if the number of persons registered for the package is less than the minimum number specified in the contract and the organiser or retailer notifies the traveller of the cancellation within the following deadlines:

1. Trips of more than 6 days: Twenty calendar days before the start of the package holiday,

2. Trips lasting between two and six days: 7 calendar days before the start of the package. 

3. 48 hours before the start of the package in the case of journeys lasting less than two days.

6.6. ALTERATIONS

uDestinations undertakes to provide its clients with all the services contracted, with the stipulated conditions and characteristics, all in accordance with the following points:

a) Apart from the cases of price changes regulated by stipulation 3.2, the organiser reserves the right to unilaterally change any other clauses of this contract provided that the change is not substantial and that the traveller is informed of the change by the organiser or the retailer in a clear, comprehensible and prominent manner on a durable medium.

b) If before the start of the package the organiser is obliged to substantially change any of the main features of the travel services, is unable to meet any of the traveller's special requirements previously accepted or proposes to increase the price of the holiday by more than eight per cent in accordance with Clause 3, the traveller may, within a reasonable time specified by the organiser, accept the proposed change or terminate the contract without penalty.

(c) The traveller who terminates the package travel contract may accept a substitute package offered by the organiser or, where applicable, the retailer, if possible of equivalent or higher quality.

(d) The organiser or, where applicable, the retailer shall communicate this change to the traveller without delay, in a clear, comprehensible and prominent manner and on a durable medium together with:

  1. Its impact on the price of the package where the modification results in a package of lower quality or lower cost.
  2. A reasonable period of time within which the traveller must inform of his decision.
  3. The indication that in the event that the passenger does not notify his decision within the period indicated in the previous paragraph, it will be understood that he chooses to terminate the contract without penalty.
  4. Where applicable, the substitute package offered and its price.

(e) In the event of termination of the package travel contract by the traveller before its commencement without payment of a penalty pursuant to point (b), or non-acceptance by the traveller of a substitute package, the organiser or, where applicable, the retailer shall without undue delay refund all payments made by the traveller or by a third party on his behalf and in any event within a period not exceeding fourteen calendar days from the date of termination of the contract. Stipulation 9 shall also apply.

l) Under no circumstances shall anything not included in the package travel contract (such as, for example, transport tickets from the place of origin of the passenger to the place of departure of the trip, or vice versa, hotel reservations in the days before or after the trip, etc.) be the responsibility of the Organiser, and there is no obligation to compensate for these possible independent service costs in the event that the trip is cancelled for any of the causes for exclusion of compensation for damages provided for in stipulation 9.

6.7. THE CONSUMER'S OBLIGATION TO GIVE NOTICE OF ANY FAILURE TO PERFORM THE CONTRACT

6.7.1. The traveller must inform the organiser or, where applicable, the retailer without undue delay, taking into account the circumstances of each case, of any lack of conformity which he observes during the performance of a travel service included in the contract.

6.8. LIMITATION OF ACTIONS

Notwithstanding the provisions of the preceding section, the limitation period for actions derived from the rights recognised in Royal Legislative Decree 1/2007, of 16 November (B.O.E. 30-11-07) and its amendments, shall be two years, as established in Article 169 of the aforementioned Royal Decree.

6.9. INSURANCE

It is possible to take out optional insurance to cover costs incurred in the event that the traveller decides to terminate the contract or to cover assistance costs, including repatriation costs in the event of accident, illness or death.

Special Conditions Combined Trip

Before the traveller is bound by any package travel contract, the traveller shall be provided with the travel information form, the following shall be sent in the particular conditions of each contracted service:

(a) the travel destinations, itinerary and periods of stay, with dates and, where accommodation is included, the number of overnight stays included; 

(b) the means of transport, their characteristics and categories, the points, dates and times of departure and return, the duration, the places of intermediate stops and the transport connections. If the exact time is still to be determined, the passenger shall be informed of the approximate time of departure and return; 

(c) the location, main characteristics and, if applicable, the tourism category of the accommodation in accordance with the standards of the country of destination; 

d) Meals included: number, type of meals, etc; 

d) Visits, excursions or other services included in the agreed total price of the package; 

(e) Where this information cannot be deduced from the context, an indication of whether any of the travel services will be provided to the traveller as part of a group and, if so, where possible, the approximate size of the group;

(f) if the enjoyment of other tourist services depends on the traveller's ability to communicate effectively verbally, the language in which those services will be provided; 

g) At the request of the traveller, if the journey or holiday is generally suitable for persons with reduced mobility, precise information on the suitability of the journey or holiday in terms of their needs.

(h) the total, final price of the package inclusive of all taxes and, where applicable, all commissions, surcharges and other additional costs or, if such costs cannot reasonably be calculated before the conclusion of the contract, an indication of the type of additional costs that the traveller may have to bear. 

(i) the arrangements for payment, including any amount or percentage of the price to be paid as an advance payment and the time limits for payment of the balance, or the financial guarantees to be paid or provided by the traveller. 

(j) the minimum number of persons required for the implementation of the package and the deadline referred to in Article 160(3)(a), before the start of the package, for the possible cancellation of the contract if that number is not reached.

(k) an indication that the traveller may terminate the contract at any time before the start of the package against payment of an appropriate penalty or the standard penalty applied by the organiser in accordance with Article 160(1). 

(l) Information on optional insurance to cover costs incurred in the event that the traveller decides to terminate the contract or costs of assistance, including repatriation, in the event of accident, illness or death.

m) The information required by current legislation on the protection of personal data. 

In addition to the above information, it will also include: 

a) Special needs of the traveller accepted by the organiser; 

(b) Indication that the organiser and the retailer are responsible for the proper performance of all travel services included in the contract, in accordance with Article 161, and are obliged to provide assistance if the traveller gets into difficulties in accordance with Article 163(2); 

(c) the name and contact details of the local representative of the organiser and, where applicable, of the retailer, enabling the traveller, at his choice, to contact either of them promptly and communicate effectively, to seek assistance when in difficulty or to make a complaint about any non-conformity noted during the performance of the package; 

(d) An indication that the traveller must report any lack of conformity observed during the performance of the package in accordance with Article 161(2); 

(e) in the case of minors travelling unaccompanied by a relative or other authorised adult, provided that the package includes accommodation, information allowing direct contact with the minor or the person responsible for the minor at the place of stay of the minor; 

(f) information on available internal complaint handling procedures and alternative dispute resolution schemes in accordance with Law 7/2017 of 2 November 2017 transposing into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters and, where applicable, on the dispute resolution entity to which the employer is a member and on the platform referred to in Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters and amending Regulation (EC) No. 2009/22/EC of the European Parliament and of the Council of 21 May 2004 and Directive 2009/22/EC of the European Parliament and of the Council of 21 May 2004 on alternative dispute resolution in consumer matters.No 524/2013 of the European Parliament and of the Council of 21 May 2013 on resolving consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC;

 (g) Information that the traveller has the right to assign the contract to another traveller, in accordance with Article 157

Last change in Extremadura, October 2022

en_GB
0
    0
    Cart
    The Cart Is EmptyBack to Shop