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Booking conditions

GENERAL TERMS AND CONDITIONS

A) CONTRACTING OF A PACKAGE TRAVEL.

1.Booking request.

1- The consumer who wants to contract a package travel should make a booking request. After the request, the retailer or the organizer undertakes to make the necessary arrangements in order to get the booking confirmation according to the number of places available and the requested period.

2- At  the  time  of   the  booking  request,   the  agent  may   require  the  consumer   a  deposit equivalent to the 30% of the trip. If the agency confirms the booking, the amount paid will be assigned  to  the  price  of  the  trip.  If the consumer  withdraws  its  request  before  the booking confirmation, the agency will refund the deposited amount, once having deducted, where appropriate, the reasonable service fees.

3- If the consumer requests a tailor-made package travel, the agent may require the payment of an amount to prepare the project.   If the consumer accepts the proposed package travel offered by the agent, and the agent can confirm the included services, the agent will assign the paid amounts to the price of the trip. If the agent cannot confirm the booking, the agent shall reimburse the amounts previously paid by the consumer.

4- Considering all the above-mentioned cases, if the agent cannot provide to the consumer the requested travel and it offers to the same to take a similar or a different trip, unless it is otherwise  indicated, it  is  understood that the offer remains  in force for  24 hours. In such cases,  the  contract  is  concluded  if  the  consumer  accepts  the  offer  within  that  period  or within the period expressly established.

2. Persons with reduced mobility.

Persons with reduced mobility, prior to the booking request, must inform the retailer such condition, in order to consider the possibility and feasibility of the trip taking into account the characteristics of the same.
According to Regulation CE 1107/2006, a person with reduced mobility is a person whose mobility to participate in the trip is reduced as per a physical disability (sensory or locomotive, permanent or temporary) as per an intellectual or any other disability or handicap, or as per the age, and whose situation  requires  an  appropriate  attention  and  the  adaptation  to  their  particular  needs  of  the services at the disposal of the other participants in the trip.

3. Booking confirmation.

The perfection of the contract takes place with the booking confirmation. From that moment, the travel package contract is binding for both parties.

4. Payment.

1- When the perfection of the contract takes place, the consumer must pay an amount that is the  40%  of  the  package  travel  price  or,  where  appropriate,  he/she  has  to  complete  until said  sum  the  amounts  previously  paid  on  account  of  the  package  travel.  If  the  consumer does  not  make  such  payment,  the  agency  shall require  him/her  to  pay  it  in  a  reasonably short time.

2- The payment of the rest of the price will be made when the agency offers to the consumer the  tickets,  travel  vouchers  or  any  other  essential  document  for  the  realization  of  the package  travel.  If  the  consumer  does  not  make  such  payment,  the  agency  will  require him/she to make it in a fixed period. If the agency does not fix any deadline, the payment must be made no later than 7 days before the departure.
3-   The agent may terminate the contract and apply the rules of the termination of the contract by the consumer before the departure if the consumer does not make any of the payments contemplated in the preceding paragraphs.

B) APPLICABLE RULES TO THE PACKAGE TRAVEL SERVICES.

5. Services.

1- The  services  included  in  the  package  travel  contract  are  the  same  that  appear  in  the brochure or program, as well as from the indications concerning this information provided when confirming the booking.

INCLUDED IN THE PRICE OF THE PACKAGE TRAVEL:
Return transport of the type, characteristics and class stated in the contract or the documentation; The Accommodation included in the program, of the rating and type chosen; Rates and Taxes for the establishments providing accommodation and indirect taxes (VAT) where applicable; Technical Assistance during the trip, when this service has been specifically included in the description of the programme contracted; All other services and extras specified in the program for the corresponding departure date or which are expressly stated in the contract. If the contract for a program is made for after the expiry date of the brochure, then it is understood that the services contracted will be those included in the brochure valid for the departure date, independently of whether this includes any variation in routes, visits or other services; visits to cities are of a "panoramic" nature, with stops made at places considered to be of interest. The route taken may vary on the basis of the closure or restoration of sites and monuments, weather conditions and circumstances beyond the control of the organisation. The consumer will be notified in writing, or by other appropriate means, of any alterations to the price and they may then cancel their trip with no cancellation penalty (if this would have applied) within three days of receiving the notification, or they may accept the modification to the contract.
NOTE: ANY DESTINATION is not responsible for the unavailability of tickets to monuments and scheduled visits on the trip when this availability depends on ticket quotas or other circumstances and conditions imposed by the monument and out of reach of ANY DESTINATION.

NOT INCLUDED IN THE PRICE OF THE PACKAGE TRAVEL
Visas, Tourist City Taxes, Airport Taxes and/or arrival and departure taxes, vaccination certificates, "extras" (such as coffees, wines, liquors, mineral waters, special diets (independently of the diet contracted), washing and ironing of clothes, optional hotel services, etc....) and in general, any other service not specified in the programme, in the contract or in the documentation delivered on signing the contract; Optional outings or visits not originally contracted and which do not form part of the travel contract; Tips in general.
Porters except where specified in the contract.
NOTE: The photographs used to illustrate the programs and itineraries contained in this brochure depict situations which may or may not be repeated or match with the program detailed.

2-However, the organizer reserves the possibility to modify the information that appears in the brochure before the perfection of the contract. To that effect, it is necessary that those modifications had been communicated by written to the consumer.

6. Accommodation.

Unless otherwise is mentioned in the brochure or it is provided in particular conditions:
a)    In those countries where there is an official classification of hotels or other accommodations,
the  brochure  contains  the  tourist  classification  given  in  said  countries.  In  those  countries where  there  is  no  official  classification,  the  category  that  appears  in  the  brochure  is indicative. In any case, the agency must ensure a correspondence between the classification used and the expectations that the same can generate in a Spanish consumer.

b) Check-in times depends on the established rules in each country. Usually, the consumer can occupy the room from 14 hours of the day of arrival and he/she must be leave the room before 12 hours of the day of departure, regardless the estimated time of arrival or his/her plans of continuation of the trip.

c) The  triple  or  quadruple  rooms  or  cabins  are  generally  double  rooms  in  which  one  or  two beds   are   added,   which   usually   are   a   sofa-bed   or   a   folding   bed,   except   in   certain establishments where instead of additional beds, they use two larger beds.

d) When necessary, the agency reserves the right to make changes in the housing/hotels, replacing them for others of similar category.

7. Transport.

1-The consumer should appear in the place indicated for the departure with the sufficient time indicated by the agency in advance or, subsidiary, by the brochure. Usually, in case of air transport, within an hour and a half before the planned departure time.

2- If the consumer is not able to travel because he/she has not appeared with the due time in advance, it is applicable the Section 15 below for the no show or, where appropriate, what is established in Section 13 for the termination of the contract by the consumer before the departure of the trip.

3- The loss or damage in relation to hand luggage or other objects that the consumer carries are at their own risk.

8. Other services.

1- Generally, the full board includes continental breakfast,
lunch, dinner and accommodation.
The half-board, unless otherwise indicated, includes continental breakfast, dinner and accommodation. Usually, these meals do not include drinks.

2- Special  diets  (vegetarian  or  special  regimens)  are  guaranteed  only  if  the  parties  have previously agreed them.

C) RIGHTS OF THE PARTIES BEFORE STARTING THE TRIP.

9. Alteration of the contract.

1- If at any time before the departure, the consumer request changes related to destinations, means of transport, duration, calendar, travel itinerary or any other change referred to services,  and  the  agency  can  make  them,  the  agency  may  require  the  payment  of  the additional  costs  that  this  alteration  causes,  and  a  bonus  for  the  booking  alteration  which cannot exceed 40% of the total price.

2-Before the departure, the agency can only make the changes that are necessary for the successful completion of the package travel and that are not significant. It is considered that the  necessary  changes  are  significant  when  they  do  not  allow  the  execution  of  the  trip according to its general and special features.
    
When the group is made up of 12 or fewer passengers, the circuit will have no guide, but a knowledgeable expert driver. Such change will not be considered as a significant change of the trip.

3-In the event that the agent is constrained to alter significantly any of the essential terms of the contract, it shall immediately inform about it to the consumer. In such scenario, the consumer  may  be  entitled  to  take  appropriate  decisions  and  in  particular:  (i)  either  to withdraw  from  the  contract  without  penalty;  (ii)  or  to  accept  a  rider  to  the  contract specifying   the   alterations   made   and   their   impact   on   the   price.   The   consumer   must communicate his/her decision to the agency within three days after the alteration is notified. If the consumer does not communicate its decision within said period, it is understood that he/she chooses to withdraw from the contract without penalty.

10. Revision of the price.

1- The  agency  can  only  revise  the  price  upwards  or  downwards,  if  said  revision  takes  place before the  20 days  prior  to the departure  and  it  is  not  significant,  which  means, that  the upward revision does not exceed of a 15% of the trip price. Moreover, said revision can only be carried out to adjust the price to the following variations:

a. Transportation costs, including the cost of fuel,
b. Dues, taxes or fees chargeable for certain services, such as landing taxes or embarkation or disembarkation fees at ports and airports,
c. The exchange rates applied to the particular package.

2- The revised price is determined taking as a reference the exchange rates of the destination country, and the prices, taxes and fees applicable on the date when the brochure has been issued.
In case of routes that include two or more countries, the exchange rate used as a reference is the US Dollar in the same date.

3- If  the  price  revision  represents  an  increase  of  more  than  the  15%  of  the  price  tour,  the agency shall immediately inform the consumer, who can withdraw from the contract without penalty.
The consumer must communicate the decision to the agency within the next three days to the alteration. If the consumer does not communicate its decision within said period, it is understood that he/she chooses to withdraw from the contract without penalty.

11. Consumer rights in the event of withdrawal from the contract.

1- In  the  event  that  the  consumer,  in  accordance  with  the  previous  paragraphs,  withdraws from the contract, he/she can choose between:
a.  To be repaid before 14 calendar days   all sums paid by him/her under the contract, or
b. If the agency can offer it, to take a substitute package travel of equivalent or higher quality.  If  the  offered  trip  is  of  higher  quality,  the  agency  cannot  require  any additional cost. If the replacement package offered is of lower quality, the organizer shall refund the difference in price to the consumer.

2- In both cases, the consumer is entitled to claim the compensation for the cancellation of the trip established in Section 14 below and in the same terms.

12. Transfer of the booking.

1- The  consumer  may  transfer  his/her  booking  to  a  person  who  satisfies  all  the  conditions applicable to the package as set forth in the brochure and in the package travel contract.

2- The  transfer  must  be  communicated  to  the  agency  by  any  means  and  it  will  be  free.

3- In any case, the transferor of the package and the transferee shall be jointly and severally liable to the organizer or retailer party to the contract for payment of the balance due and for any additional costs arising from such transfer.


13. Consumer right of termination of the contract before the departure.

1- The  consumer  has  the  right  to  terminate  the  contract  at  any  time  before  the  departure.
However, if this termination takes place within the 15 days prior to departure, the consumer must pay a penalty depending on the time remaining for the departure, which will be:
a) 40% of the trip price if it is produced between 10 and 15 days before the departure.
b) 60% of the trip price, if it occurs from 10 to 3 days prior to the departure.
c) 100% of the trip price, if it occurs within 48 hours prior to the departure.

2- The  consumer  shall  not  have  to  pay  any  percentage  as  penalty  if  he/she  terminates  the contract  as  per  a  force  majeure  cause.  To  these  effects,  it  shall be  considered  as  a  force majeure  cause  the  death,  accident  or  serious  illness  of  the  consumer  or  of  any  of  the persons  with  whom  he/she  lives,  or  any  analogous  scenario  that  prevents  him/her  from making the package travel.

3- In  all  the  cases,  the  consumer  shall  have  to  pay  the  service  fees  and  the  cancellation expenses that the termination of the agreement by the traveller produces.

4- The termination of the contract is effective as of the moment when the agency gets to know the will of the consumer of the termination of the contract before the departure.

5- Once  known  by  the  agency  the  termination  of  the  contract  by  the  consumer,  the  agency shall reimburse to the consumer the amounts previously paid in the maximum deadline of a month, deducting the service fees and, when applicable, the justified cancellation expenses and the penalties.

6- If the package travel is subject to special contracting economic conditions, such as freight of aircrafts, ships, special fares or other that are similar, the service fees, the cancellation expenses  and  the  penalties  shall  be  those  specifically  indicated  in  the  brochure  for  the package travel or those particularly agreed in the contract.

14.    Cancellation of the contract by the organizer
1-  The  cancellation  of  the  contract,  by  any  cause  not  attributable  to  the  consumer,  entitles him/her to withdraw from the contract with the rights provided in Section 11 above.

2- If  the  cancellation  of  the  package  travel  is  notified  within  the  two  months  prior  to  the departure   of   the   package   travel,   the   agency   shall   have   to   pay   to   the   consumer   a compensation depending on the time that is still left until the departure date of the package travel, that it shall have to be at least of:

a) The 40% of the price of the package travel if it
Takes place with more than 15 days and less than months prior to the departure of the package travel.

b) The 60% of the price of the package travel, if it take
place between 15 and 3 days prior to the departure date.

c) The 100% of the price of the package travel, if it takes
places within the 48 hours prior to the departure date.

3- There is no obligation of compensation in the following scenarios:

a.    If the cancellation is on the grounds that the number of persons enrolled for the package is lower than the minimum number required for celebrating the package travel, according to what it was informed in the program, brochure, the special conditions of each product or in the package travel contract.

In such case, the agency shall have to notify by written the cancellation to the consumer before the deadline established to that effect in the brochure or in the contract.

If there is not an indicated deadline, the agency has to notify the cancellation at least 10 days prior to the departure date.

b.     When the cancellation is due to a force majeure cause. It is considered a force majeure cause the unusual and unforeseeable circumstances, beyond of the control of the agency, the consequences of which could not have been avoided if all due care had been exercised.

15.    No show at the departure of the package travel

1- It is considered a “No show” when the consumer does not notify to the agency his/her will of not making the package travel and he/she does not appear at the place of the departure at the time foreseen for the departure of the package travel.
In such case, he/she loses the right of reimbursement of the amounts previously paid and he/she continues obliged to pay the amounts pending of payment.

2- However, if the no show is due to a force major cause, the consumer shall have the right to the reimbursement of the amounts previously paid, once having deducted to said amount the service fees and the cancellation expenses.
To  these  effects,  it  shall  be  considered  as  a  force  majeure  cause  the  death,  accident  or serious illness of the consumer or of any of the persons with whom he/she lives, or any analogous  scenario  that  prevents  him/her  from  making  the  package  travel  and  which prevents him/her from communicating such impossibility to the agency before the departure of the package travel.

D) DUTIES AND RIGHTS FROM THE PARTIES ONCE HAVING BEGUN THE PACKAGETRAVEL

16.    Breach of the contract or lack of rendering of services

1- When the consumer verifies, during the package travel, that there is any defect or that there is a lack of rendering of any of the contracted services, he/she shall have to notify it in the same place and as soon as possible to the organizer or to the retailer and, when applicable, to the concerned supplier of service. Such communication shall have to be made by written or by any means which allows its record. After receiving such communication, the retailer or the organizer shall have to act with diligence to find suitable solutions.

2- If  the  consumer  makes  such  communication  in  the  indicated  time  and  in  the  indicated manner,  the  document  attesting  the  defect  shall  release  the  consumer  from  providing further evidences about the existence of such defect. All the foregoing, unless that the organizer, retailer or supplier of the service have verified in the presence of the consumer that  such  defect  does  not  exist  or  that  it  does  not  meet  the  indicated  features,  and  they have certified it.

3- If  the  consumer  does  not  make  such  communication  in  the  indicated  time  and  manner, he/she shall have to attest the alleged defects according to the general criteria of evidences and all the damages produced or aggravated by the lack of communication shall be borne by the consumer.

17.    Impossibility of rendering an important part of the services by the organizer

1- Where after departure, a significant proportion of the services contracted for is not provided or  the  organizer  perceives  that  it  will be  unable  to  procure  a  significant  proportion  of  the services to be provided, the organizer shall make suitable alternative arrangements, for the continuation of the package.


It is considered an important part of the services provided in the contract, those services, whose lack of rendering prevents the normal development of the package travel and which cause that it is not reasonable to expect that the consumer, in said kind of package travel, continue the same in such circumstances.

2- The agency shall not be entitled to ask for any extra cost to the consumer for the adopted solutions  for  the  continuation  of   the  package   and  where  appropriate  compensate  the consumer for the difference between the services offered and those supplied.

3- If the consumer expressly or tacitly accepts the proposed solutions by the agency, he/she shall not have any right of compensation for such modifications. It shall be considered that he/she  tacitly  accepts  these  proposals  if  he/she  continues  the  package  travel  with  the solutions provided by the organizer.

4- If the solutions adopted by the organizer are unfeasible or the consumer does not accept the same for reasonable reasons, the agency shall have to:

a)       Provide  the  consumer,  at  no  extra  cost,  with  equivalent  transport  back  to  the  place  of departure, or to another return-point to which the consumer has agreed, if the package travel includes the return trip.
b)      Return him/her the price paid with the deduction of the amount of the services supplied until the end if the package travel, unless that the defect that prevents the continuation of the package is attributable to the consumer.
c)       Pay him/her the appropriate compensation.

18.    Cancellation of the trip by the consumer during the same

1-  The consumer has the right to  cancel the  trip  once  it has  begun, but he/she shall not  be entitled  to  claim  the  reimbursement  of  the  amounts  previously  paid  and  he/she  shall  be obliged to pay the pending amounts.
2- If the cancellation by the consumer is due to an accident or to an illness of the consumer, that prevents him/her from continuing the trip, the agency shall be obliged to provide the necessary assistance, and, where applicable, compensate the consumer for the difference between the services offered and those supplied, once deducted the applicable cancellation expenses duly justified.

3- In both cases, any additional costs caused by the cancellation of the trip by the consumer, and particularly those of repatriation or relocation to the place of origin, should be borne by the consumer.

19. Consumer duty to collaborate to the normal development of the trip.

1-The  consumer  must  comply  with  the  instructions  given  by  the  agency  for  the  proper execution of the trip, as well as the regulations that are generally applicable to the users of the services included in the package. In particular, in case of group travels, the consumer must keep all due respect to other participants and he/she must keep a behaviour that does not harm the normal development of the trip.
2- The serious breach of these duties entitles the agency to withdraw from the package travel contract. In this case, if the contract includes the return trip, the agency shall provide the consumer, with equivalent transport back to the place of departure, or to another return- point to which the consumer has agreed. The agency has also the right of compensation for the damages attributable to the behaviour of the consumer.


E) CONTRACTUAL    LIABILITY    FOR    DEFECTIVE    PERFORMANCE    OR    BREACH    OF CONTRACT.

20. Distribution of responsibility.

1- The organizer and the retailer shall be liable to the consumer for the proper performance of the obligations arising from the contract, as per their respective obligations corresponding to their respective scope of action of the package travel.

2- The organizer and the retailer shall be liable to the consumer irrespective of whether such obligations are to be performed by them or by other suppliers of services.

3- The organizer, being the one that plans the package travel, has to be liable for the damages caused  to  the  consumer  due  to  the  non-performance  or  improper  performance  of  the services involved in the package. As well, it has to be liable for the damages arising from the breach of  any  other  obligation  that  correspond to  its scope of  action  according to  the applicable regulations in force.

4- The retailer, being the one that sells or offers for sale the package travel proposed by the organizer, has to be liable for the damages caused to the consumer for the mistakes that it has committed when informing him/her about the package travel, for having omitted information that it would have had to give him, for not having delivered him the necessary documents for the correct performance of the trip and, in general, for having breached any other obligation corresponding to its scope of action according to the applicable regulations in force.

21. Causes of release of liability.

In the following scenarios, organizers and retailers shall not be deemed liable:

a)  When  the  failures  that  occur  in  the  performance  of  the  contract  are  attributable  to  the consumer,
b)  When such failures are  attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable,
c)  When  such  failures  are  due  to  a  case  of  force  majeure  which  are  defined  as  unusual and unforeseeable circumstances beyond the control of the party by whom it is pleaded, the consequences of which could not have been avoided even if all due care had been exercised.
d) When such failures are due to an event, which the organizer and/or retailer or the supplier of services, even with all due care, could not foresee or forestall.

22. Consumer’s duty of reducing the damages.

In all the cases, the consumer shall be obliged to take the appropriate and reasonable measures to try to reduce the damages that may arise from the non-performance or the improper performance of the contract or to try to avoid that they get worse. The damages arising from not having adopted said measures should be borne by the consumer.

23. Duty of assistance of the agency

1- The  organizer  and  the  retailer,  despite  being  released  of  liability,  shall  continue  being obliged to provide prompt assistance to the consumer in difficulty.

2-The duty of assistance provided in the previous paragraph shall not be applicable when the failures produced during the performance of the contract are attributable in exclusive to an intentional or negligent behavior of the consumer.

24. Limitations in the liability according to international conventions.

If the services involved in the package are governed by international conventions, the compensation for damages arising from the non-performance or improper performance of such services shall be subject to the limitations established by said Conventions.

25. Limitation of liability in the matter of damage other than personal injury

1- If the services involved in the package are not governed by International Conventions:

a) The compensations for damages other than personal injury shall be limited for all the concepts at twice the price of the package travel, including moral damages not arising from a personal injury and the reimbursements that have to be made.

b) The compensation of the organizer for the damages arising from the loss or damage in the luggage shall be limited to 350 €.

2-  The  abovementioned  limitations  shall  not  be  applicable  if  the  agent  or  the  suppliers  of services  have  provoked  intentionally  the  damages  or  they  have  acted  recklessly,  knowing that these damages could occur.

26.  Information on provisions applicable to passports, visas and vaccines.
1- The  agent  has  the  duty  to  inform  the  citizens  of  the  European  Union  about  the  health formalities required for travel and the accommodation, as well as the applicable conditions on  passports  and  visas.  The  agency  will  be  liable  for  the  correctness  of  the  provided information.

2- The  consumer  shall  obtain  the  necessary  documents  for  the  trip, both personal and family  including  passport  and visa, and the documents regarding health formalities for all the countries to be visited. All damages arising from the lack of such documentation shall be at their own risk, and in particular, the expenses incurred for the interruption of the trip and the eventual repatriation. The client must obtain his own visas, passports, vaccination certificates and other documents required for the entry and stay in the countries included in the program.

3-If the agent accepts the consumer’s petition to process necessary visas for any of the destinations provided in the itinerary, the agent shall be able to require the payment of the cost of the visa as well as management fees for  the procedures before corresponding the diplomatic or consular representation.
In this case, the agent shall be liable for damages that may be attributable to the same according the due diligence required for delays in obtaining of the necessary documentation or lack or inaccuracy of the same.
Minors under 18 years of age must bring written permission from a parent or legal guardian and other legal requirements.
27.   Liability for services not included in the package travel.

1- The rules of  contractual responsibility of  the package travel are not applicable to services such  as  excursions,   attendance  to  sports  or  cultural  events,  visits  to  exhibitions  and museums, or similar, which are not included in the total price of the package travel and that the consumer contracts on an optional basis when contracting the package.
In these cases, the agency shall indicate the consumer the optional nature of the services and that they are not part of the package.

2- If the agency is involved in the contracting of these services, it shall be liable according to the specific rules applicable to the corresponding contract.


F) CLAIMS AND ACTIONS ASSOCIATED TO THE CONTRACT.

28.Applicable law.
This  package  travel  contract  is  governed by  the  agreement of  the  parties  and  the  provisions of these  general  terms  and  conditions,  the  regulations  applicable  depending  on  the  region,  and subsidiary, by the provisions of the Spanish Royal Legislative Decree 1/2007 of 16 November, by means of which it is approved the General Law for the defence of consumers and users and other complementary laws (Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de Consumidores y Usuarios y otras leyes complemetnarias).

29. Claims to the agency.

1- Notwithstanding the legal actions that the consumer has, the consumer is able to file written claims  to  the  retailer  due  to  the  non-performance  or  the  improper  performance  of  the contract.

2- No later than 30 days, the organizer or the retailer, according to the obligations imposed for its scope of action within the package travel, must answer them in written.

3- At  this  stage,  the  consumer  and  the  agency  may  ask  for  the  mediation  of  the  relevant authorities  or  the  organizations  to  that  effect,  to  find  a  solution  to  the  conflict  that  is satisfactory to both parties.

4- If  the  conflict  cannot  be  solved  through  the  claim  before  the  agency,  the  consumer  may submit it to Consumer Arbitration if the claimed agency had previously adhered to the Consumer  Arbitration  System  or  if  despite  not  being  adhered,  it  accepts  the  arbitration request. Likewise, in any case the consumer can claim in the courts.

30. Consumer Arbitration.

1- If the agency, to whom the claim is filed, has previously adhered to a Consumer Arbitration System, the consumer may address the complaints to the Consumer Arbitration Board that is competent in the place where the contract was formalized or where it has adhered.

2-The claims related to intoxication, injuries, death or reasonable signs of crime cannot be subjected to Consumer Arbitration.

3- Unless something else is stated in the public offer of submission to the Consumer Arbitration System, the arbitration shall be in law and the arbitration procedure shall be governed by the Spanish Royal Decree 231/2008, of 15th  February.

4-The arbitration award rendered by the Consumer Arbitral Tribunal shall decide the claim submitted as final and binding for both parties.

31. Legal Actions.

1-   If the dispute is not subjected to consumer arbitration, the consumer may claim before the courts of the place of the conclusion of the contract.

2-    The  consumer  can  only  be  sued  before  the  courts  of  the  place  of  the  conclusion  of  the contract.

3-   The time limit to interpose legal actions arising from the package travel contract is of two years, counting from the day that the trip ends.

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