- Legal regulation of the combined trip and acceptance of the general conditions
These General Conditions are subject to the provisions of the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, according to the wording of the Royal Decree -Law 23/2018, of December 21, transposing directives on trademarks, rail transport and package tours and related travel services and Law 34/2002, Law on services of the information society and electronic commerce .
The reservation of any of the trips included in this website, as well as the trips requested through this channel, that is, the binding contract for both parties under the terms provided therein, is established by the clauses contained in the General Conditions published on this website, which complement and develop the specific applicable legislation without contravening it. The fact of acquiring or taking part in any of the trips published on this website or made to measure at the express request of the traveler originates the express acceptance by the traveler of each and every one of these General Conditions, which will be considered automatically incorporated into the contract, without the need for its individualized written transcription in it. These conditions will be complementary to the particular conditions of each trip that are communicated in writing to the traveler and act as a definitive contract.
In the event of a dispute regarding the interpretation or application of these conditions or a traveler’s claim, Anael Tours is not and does not adhere to any mediation or arbitration system (consumer arbitration board, transport, etc.), stating the resignation to such conflict resolution systems, unless expressly agreed to the contrary, and submitting the parties, expressly waiving any other jurisdiction that may correspond to them, to the jurisdiction of the Courts and Tribunals of the city corresponding to the registered office of Anael Tours, except in those cases that by law establishes, imperatively, another jurisdiction.
The combination of travel services marketed by Anael Tours constitutes a combined trip whose technical organization corresponds to the travel agency Anael Tours (Ana Isabel Delgado Cánovas), with NIF: 50721937Z, and registered office at Calle de la Solana, 33, 2º C 28450 Medium Col. Madrid.
Anael Tours is a travel agency that provides its services electronically, leaving all its operations framed within the information, reservation and purchase processes provided on its website. The contracting of services to Anael Tours must be done through this support, via email and the specific forms enabled for use. Therefore, the acceptance of these Conditions and the receipt of the documentation by these means will be binding on the traveler.
For the purposes of interpreting these General Conditions, the following shall be understood as:
A. Commencement date of the combined trip: it is the day on which the execution of the travel services included in the travel contract begins.
B. Repatriation: the return of the traveler to the place of departure or to any other place agreed between the traveler himself and Anael Tours.
C. Lack of conformity: the non-execution or incorrect execution of the travel services included in the travel contract.
D. Pre-contractual information: Pre-contractual information is understood to be that which Anael Tours will provide to the traveler before the traveler is bound by any contract or offer.
E. Unavoidable and Extraordinary Circumstances: Situations that are beyond the control of the party alleging the situation and whose consequences could not have been avoided even if all reasonable measures had been taken will be considered.
F. Minor: any person under eighteen years of age.
G. Establishment: access to a non-salaried economic activity and its exercise, as well as the constitution and management of companies and especially companies, under the conditions established by law, for an indefinite duration, in particular through a stable infrastructure .
All the travel programs offered by Anael Tours are available on this website. The reservation system for travelers will consist of filling in the form made available to them through this channel, indicating their willingness to agree to make a reservation. Once your reservation request is received, Anael Tours will check the availability of places and will send a reply to the traveler. In the event that there is availability, the traveler will be asked to register for the requested trip, a deposit of up to 40% of the total trip
(unless in the conditions of the suppliers a different payment is imposed).
Once the availability of a place is confirmed, the traveler has 5 days to review the documentation sent by Anael Tours and make the payment. Otherwise, the withdrawal of the place will be understood and the automatic cancellation of the registration will take place. These 5 days can be shortened if the traveler has been informed in writing and they accept, or if the trip is in last seats or due to some reason imposed by the trip providers. After the confirmation of availability of the place by Anael Tours and until the receipt of the amount that constitutes the stipulated deposit, no reserved place will be considered, being these at all times subject to availability. Once the amount of the deposit has been received and the availability of the place confirmed, the reservation confirmation will be sent to the traveler. The traveler must send in writing by the aforementioned electronic channels, any request for modification or correction of the formalized reservation. Likewise, you must send Anael Tours the signed version of the combined travel contract as a manifestation of acceptance of the Particular Conditions, assuming that the General Contract Conditions have already been accepted in the reservation request process. The traveler may express his acceptance by other telematic means that reliably transfer his consent to Anael Tours. The rest of the payment will be made 40 days before the departure of the group, as a general rule, considering, otherwise, the place cancelled. Payment may be stipulated in another way if so indicated by the travel program. Any payment not made on its date may lead to the cancellation of the place or prices different from those indicated. Said cancellation will entail the expenses expressed in section 7 of these General Conditions. Pricing and Rebates The price of the combined trip includes the following services:
1. Round-trip transportation, when this service is included in the contracted program, in the type of transportation, characteristics, and category that appears in the Particular Conditions of the travel contract or in the documentation that is delivered to the traveler at the time. to subscribe the combined trip.
2. Accommodation, when this service is included in the contracted program, in the establishment and food regime that appears in the Particular Conditions or in the documentation that is delivered to the traveler at the time of signing the trip, or in other similar ones in case replacement.
3. Rates or taxes of hotel establishments and indirect taxes (Value Added Tax, VAT), when applicable.
4. Technical assistance during the trip, if this service is specifically included in the contracted program.
5. All other services and accessories that are specifically specified in the contracted program and everything that is expressly stated in the Particular Conditions.
Our prices do not include:
1. Visas, airport and/or fuel taxes, and/or entry and exit taxes, air supplements, vaccination certificates, extras such as drinks, coffee, wine, liquor, mineral water – not even in the case of full board or half board, unless otherwise expressly agreed in the contract-, washing and ironing clothes, optional hotel services such as garage, parking, television rental, tickets or enjoyment of spa, thermal club or other similar and, in general , any other service that is not specifically detailed in the program, in the Particular Conditions or in the documentation that is delivered to the traveler when signing it.
2. In the case of airlines, they generally charge what they call “fuel fees” (YQ) in the amount of the ticket, which, although it is not really a fee, does affect the final price of the trip and keeps it out of the rate.
3. Excursions, optional visits or rental cars that are hired at the destination, it is understood that they are not part of the contracted combined trip. Its publication is for informational purposes only and both the price and the itinerary are expressed with the estimated indicative. For this reason, there may be variations in their costs that alter the estimated price at the time of contracting in the place of destination and the possible realization of the same cannot be guaranteed until the moment of contracting.
Prices are based on transportation rates (including the cost of fuel), currency exchange rates, rates and taxes in force at the time of formalization of the reservation. Any price modification that occurs as a consequence of any of the elements expressed above, will be notified by Anael Tours to the traveler with the justification of the eventual increase or decrease and its calculation in durable support, no later than twenty calendar days before the date of beginning of the combined trip. Provided that the travel contract provides for the power of the organizer, Anael Tours, to modify the price, as is the case, the traveler will be entitled to a price reduction corresponding to any decrease in the costs mentioned in this section that occur between the date of confirmation of the reservation of the combined trip and its start date. In the event of a price reduction, Viajes Sagrados shall be entitled to deduct the actual administrative costs from the refund due to the traveler. If the price of the combined trip is increased by more than eight percent (8%) of the total price, always before the start of the combined trip, the traveler will have the possibility to accept the proposed change or terminate the contract without penalty. , that is, with the right to reimbursement of the payments made, with the exception of the amount attributable to management and/or cancellation expenses. In no case will prices be revised upwards in the twenty days prior to the departure date of the trip with respect to requests already made and confirmed. All reimbursements that are appropriate for any reason will always be formalized through the means with which the payment for the relevant registration was made, not making any refund for services not used by the traveler during the execution of the trip or at the destination. Special offers and tailor-made trips: when a trip is contracted as a result of an offer or adaptation of the conditions at the request of the consumer, the price may be different from the general program and the price of the services will be those specified in the contract combined trip. In case of having any doubt about the interpretation of the contracted trip, the travel documentation that is delivered to the traveler or these General Conditions, the traveler will have to contact Viajes Sagradas before the start of the trip to request clarification in this regard, all this in order to avoid subsequent claims. As a general rule, a criterion of strict literalness must be followed, which leads to the conclusion that what is not specifically detailed as included in the price of the trip is not included in it.
6. Alterations and modifications of the trip by Anael Tours
Anael Tours undertakes to provide travelers with all the services contracted through the programs contained on this website, with the stipulated conditions and characteristics. Likewise, Anael Tours reserves the right to unilaterally modify the clauses of the contract before the start of the combined trip, under the conditions that will be expressed below and informing the traveler in a timely manner in order to obtain their acceptance.
Anael Tours will be exempt from responsibility in the execution of the contract when there are causes of force majeure, the consequences of which could not have been avoided despite all the diligence used; or sufficient causes, which include those cases in which Anael Tours, despite acting with due foresight and diligence, cannot provide the contracted services for reasons that are not attributable to it. If the impossibility of providing any service by Anael Tours occurs after the contract has been perfected, and before the departure of the trip, the traveler will have the right to choose to replace it with another of similar characteristics and quality; being able to choose between another combined trip of equivalent or superior quality in case Anael Tours can provide it, or the total reimbursement of the amount paid, having to communicate their decision to Anael Tours within a period of 72 business hours. Compensation for breach of contract may not be requested when the impossibility is motivated by sufficient causes or force majeure, or when the traveler has opted for the substitution of the service that is impossible to provide. If for any reason that is not attributable to the traveler, nor is it justified by sufficient causes or force majeure, Anael Tours cancels the combined trip after the contract is formalized and before the departure date, the client will have the right to request Anael Tours the realization of another trip of a similar nature, or the reimbursement of the total paid, in the terms established in the previous paragraph, having to communicate its decision to Anael Tours within 72 business hours.
Compensation for breach of contract may not be requested when its cancellation occurs due to sufficient cause or force majeure. If there is a breach or defective fulfillment of the services provided, which is not motivated by sufficient causes or force majeure, Anael Tours must adopt adequate solutions for the continuation of the combined trip, without any price supplement for the traveler and, where appropriate, it will pay the latter the amount of the difference between the benefits provided and those provided. If such solutions are unfeasible or if the traveler does not accept them for objectively valid reasons, Anael Tours will provide, in any case, the return to the point of origin, refunding the amounts that correspond proportionally.
In these situations, the traveler may demand compensation for breach of contract from Anael Tours. Compensation will not proceed when sufficient causes or force majeure have occurred. Any impossibility of providing the services that Anael Tours reveals to the traveler before the acceptance of the Particular Conditions and the perfection of the contract cannot justify the request for compensation to Anael Tours by the traveler for breach of contract, since this has not yet been perfected, framing said modification of the program within the natural process of negotiation of the same. In conclusion, the traveler may only request compensation from Anael Tours when there has been a deficient or non-execution of the agreed services that make up the trip, or its cancellation motivated by circumstances other than force majeure or justified causes (attributable faults to the traveler or to a third party unrelated to the provision of services or that the sufficient number of registrations specified in the agreed conditions has not been reached, the cancellation having been notified more than 20 days prior to the departure of the trip).
When the modifications to the package travel contract or the substitute package trip give rise to a package trip of lower quality or cost, the traveler will be entitled to an appropriate price reduction. In case of termination of the contract in the terms described, with the right to reimbursement by the traveler, Anael Tours must execute the reimbursement, once the cause that motivates the resolution has been verified, without undue delay and, in any case, within a period not more than 14 calendar days from the date of termination of the contract. *NOTE: Causes of force majeure that exempt the traveler from their responsibility for voluntary termination of the contract in carrying out the trip will be understood as those included in the General Law for the Defense of Consumers and Users (RDL 1/2017, of 16 December November).
The traveler, at any time, has the right to withdraw from the requested or contracted services. In this case, he will be entitled to a refund of the amounts that he would have paid, but he must indemnify Anael Tours for the following items:
Management fees (minimum of 125.-€)
Cancellation expenses, which are specified in the particular conditions applicable to the combined trip and, in any case, which will respond to the price of the combined trip less the cost savings and income expected from the alternative use of travel services.
If you do not show up at the exit, the traveler is obliged to pay the total amount of the trip, paying, where appropriate, the outstanding amounts unless otherwise agreed between the parties. The services included in the trips for groups organized by Anael Tours may be subject to special cancellation conditions, establishing the cancellation expenses due to withdrawal of the traveler in accordance with the following conditions and, in any case, those agreed in the combined travel contract.
This will take place when the contracted and canceled services are subject to special contracting economic conditions established by the providers themselves (aircraft charter, air fares with tickets issued (non-refundable by the corresponding airline), ships, circuits, car rentals, etc.). apartments, vacation homes, guaranteed hotel places, services provided in certain countries, etc., and in general those that appear reflected in the corresponding pages of this website in the travel programs). In the case of programs whose air portion is made under special air fares, whose reservation is conditioned by the carrier to restrictions or penalties, this will be taxed by special surcharges for withdrawal that will entail the traveler the appropriate expenses. In the case of abandonment of the hotel establishment before the contracted date by the traveler, Anael Tours does not undertake to make any refund, except in writing from the establishment notifying the non-billing of the days not enjoyed.
The aforementioned document must be requested by the travelers in the establishment and must bear the seal thereof. Anael Tours conditions, and as specified in the programs found on this website, the viability of the travel proposals to have a minimum number of participants, since the realization of their trips is in a group. Thus, if the number outlined in the program is not reached, duly communicated to the clients, the trip will be cancelled, the traveler having the exclusive right to reimbursement of the total price or amounts in advance, without being able to claim any amount in concept of compensation, as long as Anael Tours has notified such end in writing with a minimum of twenty (20) days prior to the scheduled start date of the trip. If the cancellation by the traveler occurs due to force majeure, prior to the departure of the trip, they must submit documentation proving the occurrence of this cause, both to the organizer and to the insurance company, in order to process the claim that allows the reimbursement of the amount paid by the traveler in the cases in which it is processed in accordance with the coverage provided and with RDL 1/2007, of November 16. In the case of contracts entered into outside the commercial establishment, the traveler will have a period of fourteen days to exercise their right of withdrawal from the package travel contract, without the need for justification. Contracts entered into outside the commercial establishment will be considered:
a) Contracts concluded with the simultaneous physical presence of the businessman and the traveler, in a place other than the business establishment of the businessman.
b) Contracts in which the traveler has made an offer in the same circumstances as those contemplated in letter a).
c) Contracts entered into at the business establishment of the entrepreneur or through the use of any means of remote communication immediately after there has been personal and individual contact with the traveler in a place other than the business establishment of the business owner, with the physical presence Simultaneous businessperson and traveler.
d) Contracts entered into during an excursion organized by the employer in order to promote and sell products or services to the traveler. The contracting of combined trips through the channels provided by Viajes Sagrados and described in these Conditions is considered remote contracting, since it is formalized through telematic means. Thus, when the travel reservation and payment process is carried out through the agency’s website and email, the traveler does not enjoy the right of withdrawal described above.
- Assignment of reservation
The main traveler or the beneficiaries of the contracted trip may assign their reservation to a person who meets all the conditions required for it, being subject to the conditions detailed below. This assignment must be communicated in writing to Anael Tours at least 7 days before the start date of the trip, unless the parties agree to a shorter term in the contract. If the communication is on a Saturday, Sunday or holiday, or outside the agency’s normal hours, since no management can be carried out, the working day after the communication will be counted as the notice day. The traveler who gives up his reservation on the trip and the holder of the new reservation will respond jointly and severally to Anael Tours for the payment of the balance of the price, as well as for the justified additional expenses that the transfer may have caused (modification of the reservation in hotel establishment, change of name of the air or land transport contract, etc.).
The traveler’s luggage and other personal belongings are not part of the combined travel contract, it being understood that they are transported by the traveler himself, at his own risk and expense, and Anael Tours is not responsible for any incident or consequence derived from the transport and storage of luggage. Travelers are recommended to be present at all luggage loading and unloading operations. Regarding air, rail, sea or river transport of luggage, the conditions of the transport companies are applicable, the ticket being the binding document between said companies and the passenger. In the event of suffering any damage or loss, the traveler must present, on the spot, the appropriate claim to the Transport company, completing the corresponding part of damage/loss of luggage. Likewise, in hotels, they will be responsible, in accordance with their specific rules, for any incident related to the loss or deterioration of luggage and belongings during the period of accommodation in them. Anael Tours undertakes to provide the appropriate assistance to clients who may be affected by any of these circumstances. We recommend that the traveler check with the airline itself for the allowed baggage allowance, since it differs from one company to another.
- Passports, visas and documentation
All travelers, without exception, must carry their corresponding personal and family documentation in order, be it their passport or D.N.I., according to the laws of the country or countries being visited. It will be on their behalf when the trips require it to obtain visas, passports, vaccination certificates, etc., according to the pre-contractual information provided by Anael Tours at the traveler’s request. In the event that the granting of visas is rejected by any authority, for particular reasons of the traveler, or their entry into the country is denied due to lack of the required requirements, due to a defect in the required documentation, or for not being a carrier of the Anael Tours itself declines all responsibility for events of this nature, being the traveler’s responsibility for any expense that arises, applying in these circumstances the conditions and rules established for cases of voluntary withdrawal of services. All travelers are also reminded, and especially those who have a nationality other than Spanish, that they must ensure, before starting the trip, that they have complied with all the applicable regulations and requirements regarding visas in order to be able to enter without problems in all countries to be visited. Minors under 18 years of age must carry a written permit signed by their parents or guardians, in anticipation that it can be requested by any authority. In case of loss of the travel documentation by the traveler, which causes loss of services, Anael Tours will not be responsible for the expenses caused by a new reservation and/or issuance of the same.
- Alternative travel conditions and guides
Our specialty of spiritual journeys involves the treatment of spirituality. Anael Tours does not have any specific spiritual philosophy, it is an agency open to all religions, faiths and beliefs. Our philosophy is to travel to places considered energetic and experience them from all perspectives. The Anael Tours travel philosophy is visible on our website, the traveler with the trip contract admits that he knows this philosophy and joins it for a better development of the trip. Our guides are chosen for each type of travel itinerary and if at any time the accompanying guide cannot attend the trip due to force majeure, he will be replaced by another guide of the same category. The opinions expressed by our guides in matters of spirituality, in no case can they be attributed as opinions of the agency, but rather the guide’s own opinion. The work of the guide begins and ends at the destination. For the programs in which the work of a guide or companion is included, it is necessary to highlight that his work is fundamentally technical and that unforeseen events may arise that are not attributable to him. It is necessary to observe respect for other travelers and the guide and follow his instructions.
12. Información a facilitar por Anael Tours
Se informa al viajero que en el momento de formalizar la reserva deberá recibir de Anael Tours la información pertinente sobre la documentación específica necesaria para el viaje elegido, así como asesoramiento sobre el seguro de anulación destinado a cubrir los gastos de cancelación del viaje incluido en todos los programas publicitados en la web. Así mismo, información precontractual que recoja los derechos del viajero en aplicación de la normativa de protección de consumidores y usuarios e información relativa a la posibilidad de ampliar las coberturas previstas y suscribir también producto de asistencia que cubra los gastos de repatriación en caso de accidente, enfermedad o fallecimiento, entre otros. Finalmente, información de los riesgos probables implícitos al destino y al viaje contratado, en cumplimiento de la Ley General de Defensa de Consumidores y Usuarios.
A estos efectos, así como para conocer del listado de países a los efectos de su peligrosidad, se recomienda, no obstante, al viajero contacte con el Ministerio de Asuntos Exteriores cuya oficina de información proporciona recomendaciones específicas según destino a través de Internet (http://www.maec.es) o por cualquier otro medio. Así mismo, nos remitimos a las recomendaciones oficiales sobre vacunas y precauciones necesarias del Ministerio de Sanidad y Consumo que constan en su página web http://www.maec.es, para tener información actualizada sobre requisitos de vacunas y otras restricciones de entrada a determinados países.
13. Obligaciones del viajero de comunicar todo incumplimiento en la ejecución del contrato
El viajero está obligado a comunicar todo incumplimiento en la ejecución del contrato, y comunicará en el momento al personal acompañante o responsable de Anael Tours, la posible anomalía o incumplimiento para ser subsanado en destino y, sino es posible, y no existe alternativa, trasladarle el hecho a la agencia organizadora a través de la dirección: firstname.lastname@example.org. Anael Tours atenderá la comunicación del viajero en un plazo de 7 días.
Es importante señalar que el plazo de prescripción de las acciones derivadas de los derechos reconocidos en el RDL 1/2007, de 16 de noviembre, es de dos (2) años.
14.1.- General. Anael Tours will respond to the traveler, based on the obligations that correspond to them for their respective field of travel management, for the correct fulfillment of the obligations derived from the contract, regardless of whether they must be executed by themselves or by other service providers. and without prejudice to the agency’s right of recourse against said service providers. Anael Tours states that he assumes the functions of organization and execution of the combined trip. Anael Tours will be liable for damages suffered by the traveler as a result of the lack of execution or deficient execution of the contract. Said responsibility will cease when any of the following circumstances occurs:
1) That the defects observed in the execution of the contract are attributable to the traveler. This assumption will include those cases in which the traveler does not attend the departure of the trip for non-extraordinary or unforeseen reasons or, voluntarily, to one of the activities programmed by Anael Tours and which is carried out in a group. Consequently, the amount of the trip not made or activities that the traveler does not attend voluntarily are not refundable.
2) That said defects are attributable to a third party unrelated to the provision of the services provided for in the contract and are of an unpredictable or insurmountable nature.
3) That the aforementioned defects are due to reasons of force majeure, understanding as such those circumstances beyond the control of the person who invokes them, abnormal and unforeseeable whose consequences could not have been avoided, despite having acted with due diligence.
4) That the defects are due to an event that Anael Tours, despite having put all the necessary diligence, could not foresee or overcome.
No obstante, en los supuestos de exclusión de responsabilidad por darse alguna de las circunstancias previstas en los números 2, 3 y 4 Anael Tours, como organizadora, estará obligada a prestar la necesaria asistencia al viajero que se encuentre en dificultades.
14.2.- Límites del resarcimiento por daños. En cuanto al límite del resarcimiento por los daños que resulten del incumplimiento o de la mala ejecución de las prestaciones incluidas en el viaje combinado se estará a lo dispuesto en el apartado siguiente.
Por lo que se refiere a los daños que no sean corporales, estos deberán ser siempre acreditados por el viajero. En ningún caso Anael Tours se responsabiliza de los gastos de alojamiento, manutención, transporte, gastos derivados de retrasos en salidas o regresos, y otros que se originen por causas de fuerza mayor.
14.3.- Por error en la reserva: Anael Tours responderá frente al viajero por errores debidos a defectos técnicos que se produzcan en el sistema de reservas que le sean atribuibles, así como de los errores cometidos durante el proceso de reserva habiendo asumido Anael Tours la gestión de la reserva del viaje combinado. Anael Tours no será responsable de los errores de reserva atribuibles al viajero o causados por circunstancias inevitables y extraordinarias.
15. Reducción del precio e indemnización daños y perjuicios
– El viajero tendrá derecho a una reducción del precio adecuada por cualquier periodo durante el cual haya habido falta de conformidad, a menos que Anael Tours pueda probar que la falta de conformidad es imputable al viajero.
– El viajero tendrá derecho a recibir una indemnización adecuada por parte de Anael Tours, por cualquier daño o perjuicio que sufra como consecuencia de cualquier falta de conformidad. La indemnización se abonará sin demora indebida según lo reseñado en estas Condiciones Generales.
– El viajero no tendrá derecho a una indemnización por daños y perjuicios si Anael Tours prueba que la falta de conformidad es:
a) imputable al viajero;
b) imputable a un tercero ajeno a la prestación de los servicios contratados e imprevisible o inevitable, o
c) debida a circunstancias inevitables y extraordinarias.
– En la medida en que los convenios internacionales que vinculan a la Unión Europea limiten el alcance o las condiciones del pago de indemnizaciones por parte de prestadores de servicios de viaje incluidos en un viaje combinado, las mismas limitaciones se aplicarán a la agencia organizadora.
– Todo derecho a indemnización o reducción del precio en virtud de lo establecido en la ley de aplicación, no afectará a los derechos de los viajeros contemplados en:
a) El Reglamento (CE) n.º 261/2004 del Parlamento Europeo y del Consejo, de 11 de febrero de 2004, por el que se establecen normas comunes sobre compensación y asistencia a los pasajeros aéreos en caso de denegación de embarque y de cancelación o gran retraso de los vuelos, y se deroga el Reglamento (CEE) n.º 295/91.
b) El Reglamento (CE) n. º 1371/2007, del Parlamento Europeo y del Consejo, de 23 de octubre de 2007, sobre los derechos y las obligaciones de los viajeros de ferrocarril.
c) El Reglamento (CE) n. º 392/2009 del Parlamento Europeo y del Consejo, de 23 de abril de 2009, sobre la responsabilidad de los transportistas de pasajeros por mar en caso de accidente.
d) El Reglamento (UE) n. º 1177/2010 del Parlamento Europeo y del Consejo, de 24 de noviembre de 2010, sobre los derechos de los pasajeros que viajan por mar y por vías navegables y por el que se modifica el Reglamento (CE) n. º 2006/2004.
e) El Reglamento (UE) n. º 181/2011 del Parlamento Europeo y del Consejo, de 16 de febrero de 2011, sobre los derechos de los viajeros de autobús y autocar y por el que se modifica el Reglamento (CE) n.º 2006/2004.
f) Los convenios internacionales.
– Los viajeros tendrán derecho a presentar reclamaciones con arreglo a ley aplicable, a dichos reglamentos y a los convenios internacionales.
* La indemnización o reducción del precio concedida en virtud de la ley y la concedida en virtud de dichos reglamentos y convenios internacionales, se deducirán la una de la otra para evitar el exceso de indemnización.
- Delimitation of the services of the combined trips
16.1.- Travel by plane. Presentation at the airport. In air travel, the presentation at the airport will be made at least two hours before the official departure time, and in any case, the specific recommendations indicated on the voucher or travel documentation provided to the traveler will be strictly followed. When contracting independent or separate air services, it is recommended that the client reconfirm forty-eight (48) hours in advance the departure times of the flights. Tickets, unless otherwise provided in the contract, will be issued in electronic ticket format. A direct air route will always be understood as one whose documentary support is a single flight coupon, regardless of whether the flight makes a technical stop.
16.2.1.- General. The quality and content of the services provided by the hotel will be determined by the official tourist category, if any, assigned by the competent body of your country. If there is none, the category of hotels is carried out in stars on the basis of criteria common to the hotel sector based on their services and facilities, and with a mere indicative character. Given the current legislation in this regard, which establishes only the existence of single and double rooms allowing a third bed to be enabled in any of the latter, it will always be considered that the use of the third bed is made with the knowledge and consent of the people that occupy the room, and thus the room will be reflected as triple in all the reservation forms provided to the traveler when paying the advance, in the contract and the tickets and/or travel documentation that is delivered simultaneously to the signing of the same. Likewise, in the case of double rooms for the use of up to four people, with two beds, when so specified in the program. In some cases there is the possibility of setting up cots, which must be requested by the clients in the reservation request and before formalizing the contract, and which, unless expressly mentioned, are not included in the price. The usual hours for entry and exit in hotels will determine the first and last service that the traveler will use. As a general rule and unless otherwise expressly agreed in the contract, the rooms may be used from 3:00 p.m. on the day of arrival and must be vacated before 12:00 p.m. on the day of departure. When the contracted service does not include permanent guide accompaniment and in the event that the traveler anticipates his arrival at the hotel or apartment reserved on dates or times other than those outlined, the traveler must, in order to avoid problems and misinterpretations, notify as far in advance as possible such circumstance to Anael Tours, or to the hotel or apartments directly, as the case may be.
It will be understood that the hotel accommodation service has been available to the client on the corresponding night, regardless of whether, due to circumstances specific to the package trip, the time of entry into it occurs later than initially planned.
Anael Tours informs travelers that, in the circuits specified in the program, the accommodation service will be provided in one of the related establishments in the same or in another of the same category and area if there is no availability in the first or a change of itinerary is made that requires it. Likewise, the trip itinerary may be developed according to any of the options described in the program. The execution of what is described above will not imply modification of the contract.
16.2.2.- Other services. On flights arriving at the destination point after 12 noon, the first hotel service, when included in the contracted program, will be dinner. Likewise, on flights arriving at the destination point after 7:00 p.m., the hotel’s first service will be accommodation. In certain cases and due to the early time of a transfer to the airport or vice versa, it is possible that the breakfast, lunch or dinner service cannot be used on the day of said transfer, which will not give the right to a refund.
In the trips designed by Anael Tours, the coaches used to transport passengers may vary in their characteristics depending on the number of participants. If a sufficient number of travelers is not reached at any departure, it is possible that you use a minibus, minivan or similar, which, unless expressly indicated in the contract, do not have reclining seats. Likewise, in the description of each trip, it is indicated whether or not the bus has air conditioning, understanding that it does not have it if nothing is indicated. In all of the above cases, the design, structure, comfort and safety of the transport vehicle may not adapt to Spanish norms and standards, but rather to those of the country of destination of the trip.
16.2.3.- Supplementary services. When travelers request supplementary services (ocean view room, single room, etc.) that cannot be definitively confirmed by Anael Tours, before the start of the trip, the traveler may choose to definitively withdraw the requested supplementary service or maintain their request. waiting for such services to finally be provided. In the event that the parties have agreed to the prior payment of the price of the supplementary services that ultimately cannot be provided to the traveler, the amount paid will be reimbursed by Anael Tours upon return from the trip.
16.3.- Special conditions for children. The activities proposed in the programs offered by Anael Tours are not designed for children. However, in the event of making a reservation request for travelers with children, given the diversity of the treatment applicable to them, depending on their age, the service provider and the date of travel, it is recommended to always consult the scope of the special conditions that exist and that at all times will be the subject of specific and detailed information and will be included in the contract or in the travel documentation that is sent to the traveler. Regarding trips and stays with minors abroad, the information provided promptly for each case and what is stated in the contract or in the travel documentation that is delivered when signing it will be followed. Likewise, it should be noted that in the event of a reservation being made that includes minors, they will remain under strict guardianship and adults -parents, guardians, etc.- will be responsible for their actions with what they travel and included in the reservation.
- People with reduced mobility
People with reduced mobility, before proceeding with the reservation request, must notify Anael Tours of this situation, in order to assess the possibility and feasibility of contracting the trip according to its characteristics. In accordance with the provisions of the Regulation
CE 1107/2006, of July 5, on the rights of people with disabilities or reduced mobility in air transport, is understood as a person with reduced mobility, “any person whose mobility to use transport is reduced for reasons of disability physical (sensory or locomotor, permanent or temporary), disability or intellectual deficiency, or any other cause of disability, or age, and whose situation requires adequate attention and adaptation to their particular needs of the service made available to others passengers”.
- Protection of personal data
In compliance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights and European Regulation 2016/679, regarding the protection of natural persons with regard to data processing personal information and the free circulation of this data, Anael Tours and the traveler undertake to respect and comply with current regulations on this matter.
By adhering to these General Conditions by your express acceptance indicated in the trip request electronically and the acceptance of the Particular Conditions, express consent is given that the personal data provided will become part of an automated file. of personal data, for the treatment of which the entity ANAEL TOURS is responsible, with registered office in Collado Mediano, Madrid at Calle de la Solana 33.2º C. The purposes of the aforementioned file are to adequately manage the reservation and the adequate provision of the contracted services, as well as the international transfer of such data to organizing companies and providers of the aforementioned services, as well as being able to send information about products, services, offers and promotions related to both the program and actions linked to the activity of ANAEL TOURS, in the field of tourism, hotels, restaurants and travel.
The data will only be transferred, solely and exclusively, to third parties who necessarily intervene in the provision of services related to the purpose of the contracted trip and with the same purposes as the previous ones, safeguarding the duty of secrecy and application of security measures. required by current regulations. The rights of access, rectification, cancellation or opposition to your treatment may be exercised, by means of writing accompanied by a copy of the National Identity Document or valid passport and sent by mail to the previous address or by email (info@anaeltours. com), to the attention of the Data Protection Officer.
19.- Additional information
Rules of coexistence, attitudes against the laws, uses and customs of a country. The good development of the trip is based on a normal degree of harmony in the coexistence of the group and the observation of the customs of the place, the reprehensible behaviors of the rest of the travelers that attempt against said coexistence and are even contrary to the laws of the country or their uses and customs, will be made known to the guide who will invite the traveler to desist from their attitudes and, if applicable, will file a complaint with the corresponding authorities to safeguard the integrity of the rest of the travelers against the reiteration of misdemeanors or crimes. that could harm the rest. A member who manifestly disturbs or harms coexistence and security may be excluded from the group.
The traveler expressly exonerates Anael Tours from any liability, claim, contingency or obligation that may be incurred personally and/or towards third parties due to eventual, presumed and/or proven breaches of legislation or regulations of any kind in force in the country of destination, stating for this purpose, knowing its obligation in this regard and its firm and express will to abide by and comply with it in all its scope. Likewise, it is obliged to follow the instructions of the people responsible for the group or guides, exonerating Anael Tours, in the same terms as the previous paragraph, in the case of total or partial breach of this obligation. To join most of our trips you do not need a special physical condition. They are simply designed to be enjoyed by people who want to spend a few days of their vacation trying to learn a little more about the world around us and experiment with destinations recognized as sacred. It is understandable that traveling through many countries included in our program implies that the planned routes are intentional projects, rather than something totally guaranteed. For this we have to leave a door open to the unexpected, being this flexibility essential and necessary to fully enjoy every moment of the trip. Any unforeseen event can cause the route to change such as: strikes, weather conditions, closures or delays at borders, local means of transport.
This does not usually happen frequently, but in the event that this could modify the route, the guide would decide which is the best alternative to always continue looking for the best alternative for the group. Our trips are to be enjoyed and actively participate, not as a passive spectator. The trips organized by Viajes Sagrados are carried out in a group and, therefore, it is very important to live together in it, to respect the schedules and notes of the guide, who can carry out the excursion without all the travelers, in case of non-presentation of the themselves at the agreed time. Group travel prices are based on a minimum number of people (as indicated for each trip), traveling together for the entire itinerary from the point of consolidation, except for those trips where a different minimum is specified.
20.- Acceptance of the conditions
The fact of being part of any of the trips included in the programs offered by Anael Tours implies the knowledge and acceptance by the travelers of each and every one of the General Conditions through the registration form available for use on its website. , declaring having received the appropriate information.