General travel conditions

• Before the traveller is bound by any package travel contract or corresponding offer, the organising agency or, where applicable, the retail agency, will provide the traveller with the standard information form for package travel contracts, as well as the other characteristics and information about the trip in accordance with the legislation in force.

• Persons with reduced mobility who wish to receive precise information on the suitability of the trip according to their special needs, in order to assess the possibility and feasibility of contracting the trip according to its characteristics, must inform the organising agency or, where applicable, the retail agency, of this situation so that information can be provided to them for this purpose. In accordance with Regulation (EC) 1107/2006, a person with reduced mobility means any person whose mobility when participating in the trip is reduced due to physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation requires appropriate attention and the adaptation to their particular needs of the service made available to the other participants in the trip.

• The pre-contractual information provided to the traveller in accordance with sections a), c), d), e) and g) of article 153.1 of Royal Legislative Decree 1/2007 will form an integral part of the package travel contract and will not be modified unless the travel agency and the traveller expressly agree otherwise. Before the package travel contract is concluded, the organising agency and, where applicable, the retail agency, must inform the traveller clearly, comprehensibly and prominently of all changes to the pre-contractual information.

• The agency has a duty to provide information on the health formalities required for the trip and the stay, as well as on the conditions applicable to travellers regarding passports and visas, including the approximate time needed to obtain visas, and will be responsible for the accuracy of the information it provides.

• The traveller must obtain the documentation necessary to make the trip, including passport and visas and that relating to health formalities. All damages that may arise from the lack of such documentation will be borne by the traveller, and in particular the expenses incurred due to the interruption of the trip and their possible repatriation.

• If the agency accepts the traveller's request to process the visas required for any of the destinations on the itinerary, it may charge the cost of the visa as well as the administrative fees for the procedures it has to carry out before the corresponding diplomatic or consular representation.

In this case, the agency will be liable for any damages attributable to it.

• A traveller who wishes to contract a package holiday makes a "booking request". Following this request, the retail agency or, where applicable, the organising agency, undertake to take the appropriate steps to obtain confirmation of the booking. a) When the user makes their booking request through the website www.valuatravel.com (registration), it will not be processed until the customer makes the full or partial payment requested by the agency. If payment is not made, Valua Travel will not process the registration as a booking request.

• If the traveller requests the preparation of a proposal for a tailor-made package holiday, the agency may require payment of an amount for the preparation of the project. If the traveller accepts the package holiday offer prepared by the agency, the sum paid will be set against the price of the trip.

• If the agency has agreed to manage the booking, it will be responsible for any technical errors occurring in the booking system that are attributable to it and for errors made during the booking process.

• The agency will not be responsible for booking errors attributable to the traveller or caused by unavoidable and extraordinary circumstances.

• In the case of group trips:

a) Once the registration deadline for the trip has passed, any new addition to the travel group must be requested in writing; the organising agency undertakes to take steps to obtain confirmation of the booking. This confirmation will always be subject to confirmation of availability by the providers of the package holiday services.

b) From 35 days before departure, for operational reasons, no new additions to the travel group will be accepted.

The package travel contract is concluded upon confirmation of the booking. From that moment on, the package travel contract is binding on both parties.

• These will be the payment deadlines and percentages unless the particular conditions of the package travel contract establish different amounts and a different schedule.

(a) PACKAGE HOLIDAYS

• 30% of the total amount of the trip at the time of booking confirmation.

• 30% of the total amount of the trip 45 days after booking confirmation.

• 40% of the total amount of the trip 45 days before departure.

(b) In the case of trips contracted with a departure date less than 2 months away, 100% of the total amount of the trip must be paid at the time of confirmation.

2. If the traveller does not comply with the payment schedule, the agency may terminate the contract and apply the rules established for termination of the trip by the traveller before departure set out in Clause 13.

We offer the following payment methods:

a) By credit or debit card

You can make payment immediately through our Bank's secure SSL payment gateway. Should any refund or cancellation of the order be necessary, the amount will be refunded to the same payment card.

When payment for the booking is made by credit/debit card, the financial institution acting as intermediary in the transaction generates a code (token) associated with the transaction and the card used to make the payment. This allows the merchant, always with the customer's consent, to charge the amount or amounts related to the associated booking, for the sole purpose of making it more convenient for the customer to make any payments due as a result of modifications, partial payments or other payments.

Requesting a booking on the Valua Travel website implies the customer's acceptance of the charge of the amount of the contracted booking through the payment method selected by the customer.

b) By bank transfer

By cash deposit or bank transfer, indicating the customer's name and order number at the time of making the transfer. The amount will be refunded through the same payment channel.

If the customer decides to pay for their booking by bank transfer or deposit, Valua Travel reserves the right to suspend the processing and confirmation of the booking until it can verify that the amount transferred has actually been credited to the bank account owned by Valua Travel. If the amount for the contracted services is not paid in full and effectively to Valua Travel as set out in each selected offer, Valua Travel may cancel and annul the booking and the customer must bear any costs that the cancellation may entail.

b) RULES APPLICABLE TO THE SERVICES OF THE PACKAGE HOLIDAY

The services making up the package travel contract are those set out in the pre-contractual information provided to the consumer and will not be modified unless the travel agency and the traveller expressly agree otherwise as provided for in clause 1.3.

Prior to the start of the trip, the travel agency will provide the traveller with the receipts, vouchers and tickets necessary for the provision of the services.

Unless otherwise stated in the pre-contractual information or in the particular conditions of the contract:

a) With regard to those countries in which there is an official classification of hotel establishments or any other type of accommodation, the brochure shows the tourist classification granted in the corresponding country.

b) Room occupancy times depend on the rules established in each country and accommodation.

c) Triple or quadruple rooms or cabins are generally double rooms to which one or two beds are added, usually a sofa bed or a folding bed, except in certain establishments where two larger beds are used instead of additional beds.

d) Rooms with 3, 4, 5 or more beds are considered multiple-occupancy rooms. In the case of groups accommodated in multiple-occupancy rooms, the room list will be provided before the group's arrival and will always be subject to possible variations.

e) Tourist taxes or levies are not included, unless expressly stated in the package travel contract.

f) In order to cover possible damage to the facilities or acts of vandalism, establishments may require a deposit per guest on arrival. In the case of a group, this deposit is joint and several among all members of the group. It will be returned in full on departure, or retained in whole or in part as compensation if the guest is responsible for any damage to the accommodation. The amount of the deposit is not included in the price of the trip; the agency is not responsible for its payment or return, as this is considered a matter between the guest and the accommodation. It is the guest's responsibility to request a receipt when paying the deposit (check-in) and to request the refund on departure (check-out).

• Transport

• The traveller must be at the place indicated for departure with the advance notice indicated by the travel agency.

• Any loss or damage to hand luggage or other items that the traveller carries with them will be at their sole expense and risk while in the traveller's custody.

• For services such as car hire without a driver or group coach hire with a driver, the service provider may request a deposit to cover possible damage or loss. The amount of the deposit is not included in the price of the trip; the agency is not responsible for its payment or return, and it is the user's responsibility to agree on the method of payment, request a receipt when paying the deposit and agree on the refund with the service provider once the service has ended.

• As a general rule, full board includes continental breakfast, lunch, dinner and accommodation. Half board, unless otherwise indicated, includes continental breakfast, dinner and accommodation. As a general rule, these meals do not include drinks.

• With regard to special diets (vegetarian or dietary regimes with special needs):

• (a) They are only guaranteed if they are recorded in the special requirements accepted by the organiser in the package travel contract and the agency confirms their provision in writing or in a durable format.

• (b) To ensure the effective provision of the service, passengers are asked to reconfirm the special diet on arrival at the establishment.

• (c) If confirmed by the trip organiser, these may be subject to additional costs from the service provider.

• Pets will only be accepted if this is recorded in the special requirements accepted by the organiser in the package travel contract.

• For services such as the hire of audio guides or radio guides, the service provider may request a deposit to cover possible damage or loss. The amount of the deposit is not included in the price of the trip; the agency is not responsible for its payment or return, and it is the user's responsibility to agree on the method of payment, request a receipt when paying the deposit and agree on the refund with the service provider once the service has ended.

c) RIGHTS AND OBLIGATIONS OF THE PARTIES BEFORE THE START OF THE TRIP

• The organising agency may only modify the clauses of the contract before the start of the trip if the change is insignificant and the organising agency itself or, where applicable, the retail agency, informs the traveller of this change on a durable medium in a clear, comprehensible and prominent manner.

• If, before the start of the trip, the organising agency is forced to make substantial changes to any of the main characteristics of the travel services or cannot comply with any special requirement of the traveller previously accepted, the organising agency or, where applicable, the retail agency will inform the traveller without delay, in a clear, comprehensible and prominent manner, on a durable medium, and the communication must contain:

• The substantial changes proposed and, where applicable, their impact on the price;

• A reasonable period for the traveller to communicate their decision;

• An indication that if the traveller does not communicate their decision within the period indicated, they will be deemed to have rejected the substantial change and therefore to have opted to terminate the contract without any penalty; and

• If the agency can offer it, the substitute package holiday offered and its price.

The traveller may choose between accepting the proposed change or terminating the contract without penalty. If the traveller chooses to terminate the contract, they may accept a substitute package holiday offered, where applicable, by the organising agency or the retail agency. This substitute trip must, if possible, be of equivalent or higher quality.

If the amendment of the contract or the substitute trip results in a trip of lower quality or cost, the traveller will be entitled to an appropriate price reduction.

If the traveller chooses to terminate the contract without penalty or does not accept the substitute package holiday offered, the organising agency or, where applicable, the retail agency, will refund all payments made for the trip within a period not exceeding fourteen calendar days from the date of termination of the contract. For these purposes, the provisions of sections 2 to 6 of clause 22 will apply.

• Prices may only be increased by the agency up to 20 calendar days before departure. Furthermore, this increase may only be made to adjust the price of the trip to variations in:

a) The currency exchange rates applicable to the organised trip.

b) The price of passenger transport resulting from the cost of fuel or other energy sources.

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

2. The contract will indicate the date on which the items set out in the previous section were calculated so that the traveller is aware of the reference for calculating price revisions.

3. The organising agency or, where applicable, the retail agency will notify the traveller of the increase, clearly and comprehensibly, with a justification for the increase, and will provide the calculation on a durable medium no later than 20 days before the start of the trip.

4. Only if the price increase exceeds 8% of the price of the trip may the traveller terminate the contract without penalty. In this case, the provisions of Clause 10 apply.

5. The traveller will be entitled to a reduction in the price of the trip for variations in the items detailed in sections a), b) and c) of Clause 11.1. In such cases, the organising agency and, where applicable, the retail agency, will deduct the actual administrative costs of refunding the traveller from this price reduction.

• The traveller may transfer their booking to a person who meets all the conditions required in the brochure, programme or package holiday offer and in the contract to take the package holiday.

• The transfer must be communicated, on a durable medium, to the organising agency or, where applicable, to the retail agency, at least 35 calendar days before the start date of the trip, and the agency may only pass on to the traveller the costs actually incurred as a result of the transfer.

• In any case, the traveller and the person to whom the booking has been transferred are jointly and severally liable to the agency for payment of the remainder of the price, as well as for any commission, surcharge and other additional costs that the transfer may have caused.

• The traveller may terminate the contract at any time before the start of the trip, in which case the organising agency or, where applicable, the retail agency, may require them to pay an appropriate and justifiable penalty. The contract may specify a reasonable standard penalty based on how far in advance of the start of the trip the contract is terminated and on the cost savings and income expected from the alternative use of the travel services.

• If the contract does not provide for a standard penalty, the amount of the termination penalty will be equivalent to the price of the package holiday minus the cost savings and income derived from the alternative use of the travel services.

• In these cases, the organising agency or, where applicable, the retail agency, will refund any payment made for the package holiday, minus the corresponding penalty.

• If the traveller does not comply with the payment schedule, the agency may terminate the contract and apply the rules set out in this section.

• However, in the event of unavoidable and extraordinary circumstances at the destination or its immediate vicinity that significantly affect the performance of the trip or the transport of passengers to the destination, the traveller may terminate the contract before its start without any penalty and with the right to a refund of all payments made on account of the trip.

• These refunds or returns will be made to the traveller, deducting the corresponding penalty in the case of section 1 above, within a period not exceeding 14 calendar days after termination of the package travel contract.

If the organising agency cancels the contract for reasons not attributable to the traveller, it must refund all payments made by the traveller within a period not exceeding 14 calendar days from termination of the contract. The organising agency will not be liable to pay any additional compensation to the traveller if the cancellation is due to the fact that:

a) The number of persons registered for the package holiday is lower than the minimum number specified in the contract and the organising agency or, where applicable, the retail agency, notifies the traveller of the cancellation within the period set in the contract, which will be at the latest:

• 20 days before the start in the case of trips lasting more than 6 days.

• 7 days for trips lasting between 2 and 6 days.

• 48 hours for trips lasting less than 2 days.

b) The organiser is unable to perform the contract due to unavoidable and extraordinary circumstances and notifies the traveller of the cancellation without undue delay before the start of the package holiday.

In the case of contracts concluded off-premises (understood as those defined in article 92.2 of Royal Legislative Decree 1/2007), the traveller may withdraw from the contracted trip for any reason and without penalty, with the right to a refund of the price paid for the trip, within 14 days of conclusion of the contract.

d) RIGHTS AND OBLIGATIONS OF THE PARTIES AFTER THE START OF THE TRIP

If the traveller observes that any of the services included in the trip is not performed in accordance with the contract, the traveller must inform the organising agency or, where applicable, the retail agency of the lack of conformity without undue delay, taking into account the circumstances of the case.

Lack of conformity means the non-performance or incorrect performance of the travel services included in a package travel contract.

17. Remedy of any lack of conformity with the contract and failure to provide, as agreed in the contract, a significant part of the travel services

• If any of the services included in the trip is not performed in accordance with the contract, the organising agency and, where applicable, the retail agency, must remedy the lack of conformity, unless this is impossible or entails disproportionate costs, taking into account the seriousness of the lack of conformity and the value of the travel services affected. If the lack of conformity is not remedied, the provisions of Clause 22 will apply.

• If none of the above exceptions applies and a lack of conformity is not remedied within a reasonable period set by the traveller, or the agency refuses to remedy it or an immediate solution is required, the traveller may do so themselves and request reimbursement of the necessary expenses.

• Where a significant proportion of the travel services cannot be provided as agreed in the contract, the organising agency or, where applicable, the retail agency, will offer, at no additional cost, suitable alternative arrangements for the normal continuation of the trip, and also where the traveller's return to the place of departure is not carried out as agreed. These alternative arrangements must, where possible, be of equivalent or higher quality and, if they are of lower quality, the organising agency or, where applicable, the retail agency will apply an appropriate price reduction. The traveller may only reject the alternatives offered if they are not comparable to what was agreed in the package holiday or if the price reduction is inadequate.

• Where a lack of conformity substantially affects the performance of the trip and the organising agency or, where applicable, the retail agency has not remedied it within a reasonable period set by the traveller, the traveller may terminate the contract without paying any penalty and request, where applicable, both a price reduction and compensation for the damage caused, in accordance with Clause 22.

• If it is not possible to find alternative travel arrangements or the traveller rejects them because they are not comparable to what was agreed in the trip or because the price reduction offered is inadequate, the traveller will be entitled to both a price reduction and compensation for damages, without terminating the package travel contract, in accordance with Clause 22.

• In the cases detailed in sections 4 and 5 above, if the package holiday includes passenger transport, the organising agency and, where applicable, the retail agency, will also be obliged to offer the traveller repatriation by equivalent transport without undue delay and at no additional cost.

18. Impossibility of ensuring return as provided for in the contract due to unavoidable and extraordinary circumstances

• If it is impossible to ensure the traveller's return as provided for in the contract due to unavoidable and extraordinary circumstances, the organising agency or, where applicable, the retail agency, will bear the cost of the necessary accommodation, if possible of an equivalent category, for a period not exceeding three nights per traveller, unless a different period is established in European passenger rights legislation.

• The cost limitation set out in the previous section does not apply to persons with disabilities or reduced mobility (as defined in clause 1.2 above) or their companions, pregnant women, unaccompanied minors, or persons in need of specific medical assistance, provided that their particular needs have been notified to the organising agency or, where applicable, the retail agency, at least 48 hours before the start of the trip.

The traveller must follow the instructions given by the organising agency, the retail agency or their local representatives for the proper performance of the trip, as well as the regulations generally applicable to users of the services included in the package holiday. In particular, on group trips the traveller will show due respect to the other participants and behave in a manner that does not disrupt the normal course of the trip.

• The organising agency and, where applicable, the retail agency, are obliged to provide appropriate assistance without undue delay to the traveller in difficulty, especially in the case of extraordinary and unavoidable circumstances.

• Specifically, this assistance must consist of:

a) Providing appropriate information on health services, local authorities and consular assistance; and

b) Assisting the traveller in making distance communications and helping to find alternative arrangements.

If the difficulty has been caused intentionally or through the traveller's negligence, the organising agency and, where applicable, the retail agency, may charge the traveller a reasonable fee for such assistance. This fee may not exceed the actual costs incurred by the agency.

e) CONTRACTUAL LIABILITY FOR DEFECTIVE PERFORMANCE OR NON-PERFORMANCE

• The organising agency and the retail agency will be liable to the traveller for the proper performance of the travel services included in the contract, in accordance with the obligations corresponding to them within their scope of management of the package holiday, regardless of whether these services are to be performed by themselves or by other providers.

• However, the traveller may address complaints for non-performance or defective performance of the services making up the package holiday to either the organising agency or the retail agency, which will be obliged to provide information on the existing liability regime, process the complaint directly or by referral to the appropriate party according to the scope of management, and inform the traveller of its progress even if it is outside their scope of management.

• Failure by the retail agency to process the complaint will mean that it must be jointly and severally liable with the organising agency to the traveller for the proper performance of the package holiday obligations corresponding to the organising travel agency within its scope of management. Likewise, failure by the organising agency to process the complaint will mean that it must be jointly and severally liable with the retail agency to the traveller for the proper performance of the package holiday obligations corresponding to the retail agency within its scope of management.

In these cases, the burden of proving that it has acted diligently in processing the complaint and, in any case, that it began processing it immediately after receiving it, will fall on the retail agency or the organising agency, as applicable.

• The travel agency that is jointly and severally liable to the traveller for failure to process the complaint will have the right of recourse against the organising agency or the retail agency to which the non-performance or defective performance of the contract is attributable, according to their respective scope of management of the package holiday.

• Where an organising agency or a retail agency pays compensation, according to its scope of management, grants a price reduction or fulfils the other obligations imposed by this law, it may seek redress from third parties who contributed to the event giving rise to the compensation, the price reduction or the fulfilment of other obligations.

• The traveller will be entitled to an appropriate price reduction for any period during which there was a lack of conformity.

• The traveller will be entitled to receive appropriate compensation from the organiser or, where applicable, the retailer for any damage or loss suffered as a result of any lack of conformity with the contract.

• The traveller will not be entitled to compensation for damages if the organiser or, where applicable, the retailer, proves that the lack of conformity is:

• a) Attributable to the traveller;

• b) Attributable to a third party unconnected with the provision of the contracted services and unforeseeable or unavoidable; or

• c) Due to unavoidable and extraordinary circumstances.

• Where the services of the package travel contract are governed by international conventions, the limitations on the scope or conditions of payment of compensation by the service providers included in the trip will apply to the organising agencies and retail agencies.

• Where the services of the package travel contract are not governed by international conventions: (i) the compensation that the agency may have to pay for personal injury or for damage caused intentionally or through negligence may not be limited by contract; and (ii) any other compensation that the agencies may have to pay will be limited to three times the total price of the package holiday.

• Compensation or price reduction granted under Royal Legislative Decree 1/2007 and that granted under the international regulations and conventions listed in article 165.5 of the same Royal Legislative Decree 1/2007 must be deducted from each other in order to avoid overcompensation.

f) COMPLAINTS AND ACTIONS ARISING FROM THE CONTRACT

This package travel contract is governed by the agreement between the parties and by the provisions of these general conditions, by the applicable regional regulations in force, and by the provisions of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws.

• Without prejudice to the legal actions available to them, the traveller may submit written complaints for non-performance or defective performance of the contract to the retail agency and/or the organising agency at the postal addresses and/or email addresses provided by the travel agencies for this purpose: hola@valuatravel.com

• The agency must respond in writing to the complaints submitted within a maximum period of 30 days.

• At any time, the consumer and the agency may request mediation from the competent administration or from the bodies set up for this purpose in order to find a solution to the dispute that is satisfactory to both parties.

• The consumer may address their complaints to the competent Consumer Arbitration Board. The dispute may be submitted to arbitration if the agency complained against has previously joined the consumer arbitration system (in which case the agency will duly inform the consumer of this circumstance) or if the agency, despite not having joined, accepts the consumer's request for arbitration.

• Complaints involving poisoning, injury, death or reasonable indications of a criminal offence may not be subject to consumer arbitration.

• If consumer arbitration takes place, the award issued by the arbitration tribunal appointed by the Consumer Arbitration Board will resolve the complaint definitively and will be binding on both parties.

• If the organising agency and/or, where applicable, the retail agency, have joined an alternative dispute resolution system or are obliged to do so by any regulation or code of conduct, they will inform the traveller of this before the package travel contract is concluded.

• If the dispute is not submitted to consumer arbitration, the traveller may bring a claim before the courts.

• Legal actions arising from the package travel contract are time-barred after a period of two years.