Last Update:
31/01/2024

TERMS & CONDITIONS

V 31.01.2024

1. DEFINITIONS.

For the purposes of these Terms and  Conditions, the following definitions apply:

Program: The description of the package trip that includes all the tourist services offered by the organizer, plus the rest of the information required in article 153 of RDL 1/2007

The information contained in the program is binding on the organizer, unless any of the following circumstances occur: (a) that the changes in said information have been clearly communicated in writing to the traveler before the conclusion of the contract and such possibility has been expressly accepted by the latter before that date (b) that they occur after the conclusion of the contract, and have the express approval of the traveler.

Package travel contract: The binding agreement that binds the organizer and the traveler.

Organizer: The company ON YOUR TERMS S.L., with registered office at Calle Basílica 15, 6C, 28020 Madrid (Spain) and official travel agency license C.I.C.M.A. No. 2883.

Traveler: Any person who enters into a contract, or has the right to travel under it.

2. LEGAL FRAMEWORK APPLICABLE TO THE PACKAGE TRAVEL CONTRACT.

These Terms and  Conditions are subject to the provisions of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws and Law 7/1998, of April 13, on General Conditions of Contracting and other current provisions.

3. APPLICABLE CONTRACTUAL FRAMEWORK.

These Terms and  Conditions, are available to you our websites and they will be incorporated into all package travel contracts entered into by the organizer and the traveler, forming part of the latter and binding on both parties.

4. USUAL PROCESS FOR CONTRACTING THE TRIP.

The organizer will offer the interested traveler all the pre-contractual information relating to the package trip, required by RDL 1/2007.

Once the required deposit has been paid and the contract signed, the organizer will take the necessary steps to obtain confirmation of the contracted services from each supplier.

In the event that any of these services cannot be confirmed due to lack of availability, another service with similar characteristics will be offered, stating the new price, if applicable, which the traveler may accept or reject. In the event that the traveler rejects the proposed change, ON YOUR TERMS will refund the amounts deposited to date.

4.1. Collection of quotes and applicable conditions.

ON YOUR TERMS will charge a management fee for the preparation of a customized itinerary and travel quote, giving the traveler the right to request and receive the proposal within a period of 20 days from the initial payment of said amount, which is unitary and non-refundable, neither totally nor partially.

The amount charged for the requested itinerary and quote will be deducted from the total amount of said trip, provided that the client finally contracts and confirms it.

The partial modification of the services included in a quote will not be considered the preparation of a new quote, provided that the destination is not modified and/or a significant change of dates occurs. If the client does not make a reservation based on the quote or, once made, cancels it, the amount corresponding to the payment made for this concept will not be refunded under any circumstances.

5. DELIMITATION OF THE SERVICES OF THE PACKAGE TRIP.

5.1. General scope.

The services that make up the package travel contract result from the information provided to the traveler and included therein.

5.2. Transport.

The client must present himself at the place indicated for departure with the advance notice indicated in the travel documentation provided.

For air travel, the client must present himself at the airport at least three hours in advance for international trips and two hours in advance for domestic trips of the official departure time, and in any case the specific recommendations indicated in the travel documentation provided when signing the contract must be strictly followed. If the traveler is unable to make the trip due to not having presented himself with the required advance notice, the regime established for the traveler’s withdrawal once the trip has begun will apply. Reservations will be made with the data indicated by the traveler. The airlines reserve the right to deny boarding to a traveler if a ticket with a name that does not match that which appears on the passport.

Once the reservation has been made, an error in the name or an incomplete name may result in the need to make a new reservation with the possibility of not getting seats on the same flights or the initial price may vary. Any loss or damage to hand luggage or other items that the traveller carries with him or her and keeps in his or her custody is the traveler’s sole responsibility and risk.

A direct air route is always understood to be one whose documentary support is a single coupon or flight number, regardless of whether the flight makes a technical stop.

5.3. Accommodation.

5.3.1. 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 authority in your country. For those countries where there is an official classification of hotel establishments or any other type of accommodation, the contract (program) includes the tourist classification granted in the corresponding country. In those countries where there is no official classification, the category indicated in the program is simply the guideline given by ON YOUR TERMS.

The usual time for check-in and check-out at hotels is set based on the first and last service that the user is going to use. The occupancy time of the rooms depends on the rules established in each country or by the establishment itself. As a general rule and unless otherwise expressly agreed in the contract, the rooms may be used from 3 pm on the day of arrival and must be vacated before 12 noon on the day of departure, regardless of the time at which arrival at the hotel is planned or the time at which the continuation of the trip is planned.

The user must consult the organizer, at the time of booking, about the possibility of bringing pets and animals, since they are generally not admitted in hotels and apartments. In the event that the admission of animals has been confirmed and it is intended to travel with them, this circumstance must be stated in the contract.

The accommodation service will imply that the room is available on the corresponding night, being understood to be provided regardless of whether, due to circumstances specific to the trip, the time of entry into the same occurs later than initially planned.

As a general rule, and unless expressly specified in the travel confirmation, the assigned room category will be considered the standard one of each establishment.

 5.3.2. Additional Services.

When users request additional services (such as specific room types, additional beds, etc.) that cannot be definitively confirmed by the organizer, or are subject to availability on the date of arrival at the establishment, the user may choose to definitively cancel the requested additional service or maintain their request while waiting for such services to finally be provided. In the event that the parties have agreed to the advance payment of the price of the additional services that ultimately cannot be provided, the amount paid will be reimbursed by the organizer immediately upon the traveler’s cancellation of the service or upon return from the trip, depending on whether the user has chosen to cancel the requested additional service or has maintained the request.

5.4. Meal plan.

The half-board plan, unless otherwise indicated, includes continental breakfast and dinner. As a general rule, and unless otherwise expressly indicated, these meals do not include drinks. Special diets (vegetarian or special diets) are only guaranteed if they have been confirmed by the service providers. If, due to a delay in arrival, whatever the case, any restaurant service corresponding to the contracted meal plan is missed, there will be no right to any refund.

5.5. Special economic conditions for children.

In general, as regards accommodation, children under 12 years of age will have special conditions that will be applicable whenever the child shares a room with two adults. Given the diversity of treatment applicable to children, 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 delivered.

Regarding stays of minors abroad, the information provided in each case and what may be stated in the contract or in the travel documentation that is provided when signing it will apply.

6.- ECONOMIC CONDITIONS.

6.1. The price of the trip.

The price of the trip includes:

1. a) Transport, when said service is included in the contracted program, with the type of transport, characteristics and category stated therein.
2. b) Accommodation, when said service is included in the contracted program, in the establishment and with the food plan stated therein.
3. c) Indirect taxes or fees – for example, Value Added Tax (VAT) when applicable and not directly paid by the traveler.
4. d) Management costs.
5. e) All other services and supplements that are specifically specified in the contracted package travel contract.

6.2. Exclusions.

The price of the trip does not include anything that is not expressly included in the travel contract.

In the case of optional excursions or visits not contracted at the origin, it must be taken into account that they do not form part of the travel contract. Their publication in the programme is merely informative and the price is expressed with the indicative “estimated”. Therefore, at the time of contracting at the destination, variations in their costs may occur, which alter the estimated price. These excursions will be offered to the traveller with their specific conditions and final price independently, not guaranteeing the possibility that they can be carried out until the time of contracting.

6.3. Price revision.

The price of the trip has been calculated based on the exchange rates, transport fares, fuel costs, taxes and fees, etc. applicable on the date of publication of the itinerary.

The established price may be revised, both upwards and downwards, when changes occur in:

1. a) the price of passenger transport derived from the cost of fuel or other energy sources.
2. b) the percentage of taxes or fees on the travel services included in the contract, required by third parties not directly involved in the execution of the package trip, including tourist, landing and embarkation or disembarkation fees, taxes and surcharges at ports and airports, or
3. c) the currency exchange rates applicable to the package trip.

Such review may only be carried out more than 20 calendar days in advance of the departure date of the trip. In no case will the review be possible if the traveller has already paid the full price of the trip. Notwithstanding the above, and regarding the exchange rate, ON YOUR TERMS guarantees and sets said price, once the trip has been confirmed, so that, after said confirmation, the price will not be modified for this reason.

6.4. Method of payment and refunds.

Upon signing the contract, the traveler must pay, or have paid, the organizer fifty percent (50%) of the sum of the land services. Air tickets must be paid at the time prior to the issuance of the reservation. This date is imposed by the different airlines and will be notified to the traveler at the time of confirmation of the service. The remainder, according to the payment schedule informed to the client prior to contracting the trip, except in those cases in which the contract is signed with less notice, in which case the payment of the rest of the price will be made against the delivery of the transport tickets and other travel documentation without being subject to any deadline. If any of the contracted services have special payment conditions, they will be informed of these before contracting the trip. If the traveler does not make the final payment established in the contract, the organizer will require him to do so within forty-eight (48) hours. If payment is not made within this period, the organizer may terminate the contract and apply the rules established for withdrawal, being obliged to pay ON YOUR TERMS all the costs incurred by it for this reason. In any case, 10% of the land services amount will be considered within these costs, as general expenses for the management carried out. Once the trip has begun, the voluntary non-use by the traveller of any of the contracted services will not give him/her the right to any refund.

7. RIGHTS AND OBLIGATIONS OF THE PARTIES BEFORE STARTING THE TRIP.

7.1. Modification of the contract before departure.

7.1.1. By ON YOUR TERMS.

ON YOUR TERMS undertakes to provide its travelers with all the services contained in the contract, with the conditions and characteristics stipulated, although before departure it may make those changes that are necessary for the successful completion of the trip and that are not substantial.

Notwithstanding the above, in the event that ON YOUR TERMS is forced to make substantial changes to the contracted services, or proposes to increase the price by more than 8%, it will inform the traveller without delay, including the modifications and their impact on the price.

The traveller must notify ON YOUR TERMS within a maximum period of 48 hours if he/she accepts the modifications to the program and the new price.

If the modifications accepted by the traveller result in a trip of inferior quality, he/she will be entitled to an appropriate reduction in the price. In the event of termination of the contract by the traveller due to the modifications communicated by ON YOUR TERMS, the former will be entitled to a full refund of the amounts paid to date without any penalty, within a maximum period of fourteen calendar days from the date on which the termination occurs.

Insurance, once contracted, is not refundable.

7.1.2. By the traveller.

If at any time prior to the departure date, the traveller wishes to request changes regarding destinations, means of transport, duration, schedule, itinerary of the contracted trip or any other matter regarding the services and the organiser can make them, the organiser may require payment of the additional justified expenses that such modification may have caused.

Likewise, the traveller may transfer his reservation on the package trip to a third person, provided that the latter meets all the conditions required for the aforementioned trip, and must notify the organiser in writing at least 7 calendar days before the date of the start of the trip.

Both the person who transfers his reservation on the trip and the transferee will be jointly liable to the organiser for payment of the price of the trip, as well as any commission, surcharge or justified additional expenses that such transfer may have caused.

7.2. Termination of the contract before the start date of the trip.

7.2.1. Termination of the trip by the organiser.

ON YOUR TERMS may cancel the contract and refund the traveller all payments made within a maximum period of 14 calendar days from notification of the cancellation, but will not be liable for any additional compensation if:

a). The number of people registered for the package is less than the minimum number specified in the contract and ON YOUR TERMS notifies the traveller of the cancellation within the following periods:

• 20 calendar days before the start of the package (in the case of trips lasting more than six days).
• 7 calendar days before the start of the package (in the case of trips lasting between two and six days).
• 48 hours before the start of the package in the case of trips lasting less than two days.

b). ON YOUR TERMS is unable to execute the contract due to unavoidable and extraordinary circumstances and notifies the traveller of the cancellation as soon as it becomes aware of it.

7.2.2. Termination of the trip by the traveller.

The traveller may cancel the package trip at any time before the start and leave it without effect, being obliged to pay ON YOUR TERMS all the costs incurred by it due to such cancellation. The cancellation must be communicated expressly and in writing by any means that allows documentary evidence.

In any case, 10% of the amount of land services (accommodation, transfers and excursions) will be considered within such costs, as general expenses for the management carried out.

In general, all cancellations (or no-shows for the trip) are subject to the following non-refundable cancellation or annulment charges:

(i) More than 45 calendar days before the start date of the trip established in the Travel Information, the cancellation charge will be the deposit made.

(ii) between 30 and 44 calendar days before the trip start date set out in the confirmation, 50% of the total cost of the trip;

(iii) between 15 and 29 calendar days before the trip start date set out in the Travel Information, 75% of the total cost of your trip;

(iv) 14 calendar days or less before the trip start date set out in the Travel Information, 100% of the total cost of your trip.

These cancellation fees apply to all reservations, except when a trip includes services or items for which the cancellation fees of the suppliers are higher or more restrictive than those stated above, in which case these particular conditions will form part of the contract once they are reported in the travel confirmation, and prior to incurring them.

ON YOUR TERMS will not apply the above penalty if the cancellation occurs as a result of unavoidable and extraordinary circumstances at the destination or in the immediate vicinity that significantly affect the execution of the package trip, or the transport of passengers to the destination. In this case, the traveller will be entitled to a full refund of any payment made, but not to additional compensation.

ON YOUR TERMS will be obliged to pay the traveller the amount corresponding to the above sections, within a maximum period of 14 calendar days from notification of the cancellation.

8. RIGHTS AND OBLIGATIONS OF THE PARTIES AFTER THE TRIP HAS BEGUN.

8.1. Rights of the traveller.

The traveller shall have the right to the correct fulfilment of the travel services included in the contract. If any of the contracted services cannot be provided, or are provided with inferior quality, he/she shall have the right to an appropriate reduction in price and to payment of compensation for any damages that may have been suffered as a result.

The traveller has the right to withdraw from the package travel contract once the trip has begun, but may not claim the refund of the amounts paid and shall continue to be obliged to pay any outstanding amounts.

The traveller shall have the right to receive assistance in the shortest possible time, in the event of unavoidable and extraordinary circumstances.

8.2. Obligations of the traveller.

The traveller must abide by the instructions provided by ON YOUR TERMS for the proper execution of the trip, as well as the regulations that are generally applicable to users of the services included in the package trip. In particular, he/she must observe a conduct that does not harm its normal development, acting in accordance with the basic rules of prudence and common sense and obeying at all times the instructions given by the guides and monitors designated by ON YOUR TERMS.

The traveller will be obliged to inform ON YOUR TERMS of any lack of conformity on his/her part in the execution of the contract as soon as possible, as well as to accept new proposals from ON YOUR TERMS, in relation to said non-conformity, if these are of the same quality as those included in the contract, or if, being of lower quality, he/she has been offered an adequate reduction in the price.

In any case, the traveller is obliged to take adequate and reasonable measures to try to reduce the damage that may arise from the impossibility of execution or poor execution of the contract or to prevent it from becoming worse. Any damages resulting from not having adopted these measures will be the responsibility of the traveller.

A serious breach of these duties entitles the organiser to terminate the package travel contract for reasons attributable to the traveller, the latter being liable for any damages that may have been incurred by the organiser.

8.3. Rights of ON YOUR TERMS after the trip has begun.

ON YOUR TERMS, as the party responsible for the execution of the trip, may take the decisions it considers pertinent in the face of unforeseen situations that may arise during the trip, such as climatic changes, political or warlike circumstances, problems caused by air intermediaries, etc., establishing the necessary changes in the trip to guarantee the safety of the travellers and the smooth running of the trip.

It also has the right to demand that travellers behave appropriately and in accordance with the different regulations or customs of the countries included in the trip, which does not harm its execution, and may give instructions in this regard.

ON YOUR TERMS shall have the right to terminate, at any time, the participation of any person whose behavior may be deemed dangerous to the safety of the group or the well-being of the participants, which will not entitle them to any refund. In this case, it will take the measures provided to ensure their repatriation.

8.4. Obligations of ON YOUR TERMS.

ON YOUR TERMS is obliged to correctly perform the services included in the contracted trip, regardless of whether they are performed directly by its own means or through other service providers, and is liable for any damages suffered by the traveller as a result of non-performance or poor performance of the contract, except:

1). The defects observed in the performance of the contract are attributable to the traveller.

2). The defects referred to are due to unforeseeable or unavoidable circumstances, meaning any situation beyond the control of the party alleging this situation and the consequences of which could not have been avoided, even if all reasonable measures had been taken.

In the above cases of exclusion of liability, ON YOUR TERMS shall be obliged to provide the necessary assistance to the traveller who is in difficulty, unless the defects produced are exclusively attributable to intentional or negligent conduct of the traveller.

ON YOUR TERMS will not be liable for services not included in its program and which the traveller may contract with third parties during the course of the trip and on the occasion of it. It will also not be liable if the traveller independently contracts transport outside the provisions of the program, in relation to any delay, cancellation, accident or incident that may occur in relation to said transport, regardless of the cause of this, without the traveller or the beneficiaries having anything to claim for this concept. Likewise, ON YOUR TERMS will not have any type of responsibility in relation to the fact that such eventual incidents may mean the impossibility of carrying out all or part of the contracted activities, or the need to delay them, cancel them and, in general, modify in any way the plan of the contracted trip, without having to return or pay any amount to the traveller for this fact. Finally, the traveller recognizes and accepts that the insurance policies contracted by the organiser will not cover any eventuality that, where appropriate, may occur in relation to the transport contracted directly by it. If any of the services included in the trip are not performed in accordance with the contract, ON YOUR TERMS shall be obliged to remedy the lack of conformity, unless this proves impossible or would entail a disproportionate cost, taking into account the seriousness of the lack of conformity and the value of the travel services affected.

When ON YOUR TERMS is unable to provide a significant proportion of the contracted travel services, it will offer, at no additional cost to the traveller, suitable alternative arrangements, if possible of equivalent or superior quality to those specified in the contract, for the continuation of the package trip. If ON YOUR TERMS does not offer such alternative arrangements and the trip includes transport, it will repatriate the traveller on an equivalent transport without undue delay and at no additional cost.

9. LIMITS OF ON YOUR TERMS’ LIABILITY.

ON YOUR TERMS will apply the limitations that, in relation to the scope or conditions of payment of compensation by providers of travel services included in a package trip, are established by the international conventions that bind the European Union.

In other cases, ON YOUR TERMS may limit in the contracts it signs the compensation it must pay to the traveler, provided that this limitation does not apply to bodily injury or damage caused intentionally or through negligence and that its amount is not less than three times the total price of the trip.

10. PASSPORTS, VISAS AND VACCINES.

ON YOUR TERMS will inform the traveler about the health formalities necessary for the trip and stay, if any, as well as about the applicable conditions regarding passports and visas.

The traveler must obtain the necessary documentation to make the trip, including passport, visas and the one related to health formalities. The traveller must ensure before starting the trip that he/she has complied with all the applicable rules and requirements regarding visas in order to be able to enter without problems in all the countries to be visited. Minors must carry a written permission signed by their parents or guardians, in case it may be requested by any authority.

Any damages that may arise from obtaining the necessary documentation, or from lack or insufficiency of this, which make the trip impossible, will be borne by the traveller and, in particular, the expenses produced by the interruption of the trip and its eventual repatriation.

If the organiser accepts the traveler’s request to process the necessary visas for any of the destinations included in the itinerary, it may require payment of the cost of the visa, as well as the management costs for the procedures that must be carried out before the corresponding diplomatic or consular representation.

11. OTHER GENERAL PROVISIONS.

11.1. Risks.

In the case of expeditionary trips outside the usual tourist routes, in close contact with nature, and visiting areas with other cultures or far from Western customs, and which have specific characteristics that entail, with respect to conventional trips, a greater risk than usual, the traveler who contracts it is fully aware of and assumes the responsibility that arises from this, expressly declaring that risk is precisely one of the causes that decisively influence its contract.

12. INSURANCES.

ON YOUR TERMS will inform the traveler of the possibility of contracting optional insurance that covers the expenses incurred in the event that he decides to terminate the contract, or the expenses of assistance, including repatriation, in the event of accident, illness or death.

The insurance, once contracted, is not refundable.

13.- CLAIMS, LEGAL ACTIONS AND PRESCRIPTION.

The traveller may file a claim in court before the courts of the place where he or she has his or her domicile and may only be sued before the same courts. Legal actions arising from the package travel contract expire after a period of two years. In any case, and in full compliance with the provisions of the preceding section, ON YOUR TERMS makes the following information available to travellers so that they can lodge their complaints and claims or request information about the contracted trip: ON YOUR TERMS SL with registered office at Calle Basílica 15, 6C 28020 Madrid (Spain) and official travel agency license C.I.C.M.A. No. 2883., telephone: 911013872 and email: viajes@theworldonyourterms.es

14. DATA PROTECTION.

As a consequence of the execution of the Contract, as the data controller, ON YOUR TERMS will process the personal data that the traveller has provided, ensuring that it complies with the applicable data protection regulations and, in particular, Organic Law 3/2018, of December 5, on Data Protection and Guarantee of Digital Rights and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free circulation of these data and repealing Directive 95/46/EC (RGPD). MAIN PURPOSE: ON YOUR TERMS collects the personal data of travellers in order to manage the requested services and maintain the contractual relationship. Likewise, the personal data and that of the beneficiaries of the services will be processed for internal administrative purposes of ON YOUR TERMS.

Other purposes: Personal data may be processed, with the traveler’s prior consent, to send information about events and commercial communications related to ON YOUR TERMS through the available channels, including electronic means.

LEGITIMATION:

– ON YOUR TERMS will process the personal data and that of the beneficiaries of the services, which is necessary for the provision of the contracted services, as well as for the preparation of budgets prior to the formalization of said contract. The legal basis for this processing is the execution of the contract.

– ON YOUR TERMS may process personal data, with prior authorization, to send information about events and commercial communications that it considers to be of interest to the traveller. The legal basis for this processing is consent.

RECIPIENTS:

For the management of the purposes inherent to the development and fulfillment of the object of the contract, it may be necessary and obligatory for the provision of the service that the data and those of the beneficiaries of the services be communicated to the different providers, such as airlines, hotels, shipping companies and other service providers, who will be obliged to use the data solely and exclusively to fulfill the object of the contract. These providers, depending on the country of destination of your trip, may be located in third countries for which it is necessary to carry out an international transfer of data.

RIGHTS:

Interested parties may exercise their rights of access, rectification, cancellation, opposition or any other rights in relation to data protection, by means of a request that must be sent in writing, accompanied by a photocopy of their ID, addressed to: Data Protection Department – ​​ON YOUR TERMS SL with registered address at Calle Basílica 15, 28020 Madrid (Spain) and and official travel agency license C.I.C.M.A. No. 2883., telephone: 911013872 and email: viajes@theworldonyourterms.es.

15. VALIDITY.

These General Conditions and Provisions will be valid until they are replaced by new ones.