The Service of Advice to the User of the Municipal Services of the Department of Economic Development offers a series of recommendations on the procedure of organizing the modality of combined trips.
"Combined trip" means the combination of at least two elements such as transportation, accommodation and other tourist services (excursions, visits to museums, tickets to shows, etc.), offered at a global price and that exceeds 24 hours or Include one night's stay.
Tourism is a sector that, after the consolidation stage, continues with another expansion, as this is happening in a context of economic slowdown is clear that has been installed among the needs that many users have internalized.
There is a large segment of the population that has to travel but has to compare a multitude of offers, ways of traveling, studying different financing, etc. to adjust preferences and family budgets.
This context has allowed to develop the modality of trips known as "Combined trips" since it offers very competitive prices and also simplifies the different contracts (transport, accommodation, excursions, etc.) that are present in most tourist trips.
The regulation regulating this activity was included, in 2007, in the Revised Text of the General Law for the Defense of Consumers and Users but in need of an update, it comes by a European provision according to EU Directive 2015/2302 that should have been transposed and already applied since 07/01/2018.
The bill, qualified as urgent, is in the process of being processed in the Congress of Deputies, its approval will not be delayed.
Recommendations to the users who organize the realization of the so-called "package trips:
Informative program or brochure, the retailer or organizer will provide it in writing with "clear, understandable and accurate" information on aspects such as: - destinations and means of transport duration and travel calendar details of the accommodations (category, facilities, etc.) diet (meals and beverages) information on passports, visas and health formalities final price of the trip and of the optional excursions, payment schedules and possible financing minimum number of registrations and information period in cases of cancellation of responsibility, cancellations and other conditions of the trip name and address of the trip organizer, additional information about the trip offered.
Binding nature of the offer, what is offered will commit the organizer unless the possible changes have been communicated in writing to the user, that express mention has been made in the program and the client has accepted them,
Combined travel contract, must be formulated in writing and contain, at least, elements such as: - destination travel split (periods and dates, categories and transports dates, times and places of departure and return itinerary visits and excursions name and address of the organizer , retailer and if applicable from the insurer price with the breakdown of management costs and possible review of the same information on cancellation costs price, calendar and financing conditions limitation period in which the user may submit their claims and term in which The user can request the confirmation of the reservation, a copy of the contract will be delivered to the client.
Transfer of the reservation, the user may assign the contracted trip, free of charge, to other persons who meet the requirements, this transfer must be communicated to the organizer with a minimum advance of 15 days unless a shorter period has been agreed.
Additional information, the organizers or retailers must provide in writing, before the start of the trip, information on: - schedules and places of the scales and categories of the place that the traveler will occupy, name, address and telephone number of the organizer or retailer and , where appropriate, of their representation at the place of destination, also of local organizations that can help the consumer in trips and stays of minors abroad information that allows the contact with these information on optional subscription of insurance of cancellation or insurance for cases of illness, accident or death.
All this information must be provided as late as the confirmation of reservations.
Review of prices, the revision will only be possible if it is foreseen in the contract and it will have to be for variations in the price of the transports (including fuels), taxes and rates and exchange rates.
Prices can not be raised in the 20 days prior to the date of travel.
Modification of the contract, if before the departure of the trip the organizer has to modify some substantial element of the same, it will have to put it, immediately, in the knowledge of the client, this one will be able to accept modifications or to solve the contract circumstance that will have to communicate in a term of three days since he was notified.
If there is no communication it will be understood that the contract is resolved without any penalty.
Resolution of the contract by the organizer or cancellation of the trip, the latter must return the amounts paid or offer an equivalent or superior trip.
It may also be lower, that being accepted by the user could require the return of the corresponding price.
If there is no agreement, organizer and retailer must compensate for breach of contract, with percentages that range from 5% if the cancellation is between two months and 15 days before departure;
10% between 15 days and 3 days and 25% in the previous 48 hours.
There is no obligation to compensate when the reasons are due to the fact that a minimum number of registrations has not been covered, provided that such a possibility is indicated in the contract or that there are causes of force majeure (natural catastrophes, border closures, etc.).
Resolution of the contract by the consumer or user, may withdraw from the contract with the obligation to comply with the following compensations: - will pay the management and cancellation fees if any - will pay a penalty of 5% if the cancellation occurs with more than 10 days and less than 15;
15% between days 3 and 10 and 25% within 48 hours before departure.
If you do not show up at the exit, the user must pay the full amount of the trip.
Not providing the services as they were contracted, if once the trip has started the organizer can not comply with everything offered, will adopt the solutions, without a surcharge in the price, so that the same can continue.
You will have to pay the difference between the contracted and the offered.
If the consumer continues with the trip it will be understood that he accepts the new conditions.
If there are no viable solutions or the consumer does not accept them for reasonable reasons, the organizer must provide a means similar to the one contracted so that the client can return, without prejudice to any compensation that may arise.
Responsibility of the organizers and retailers for the obligations contracted to be loaned by themselves or by third parties.
The responsibility towards the user will be solidary among those who concur in the contract.
They will also be liable for the damages suffered by the user by not complying, or doing it poorly, the contract.
There will be no liability when: - the defects are attributable to the user if they are attributable to a third party and have an unpredictable nature that there is force majeure or that the event could not be foreseen.
Contractual guarantee, the organizers and retailers must maintain a guarantee to answer for the fulfillment of the services derived from the combined trips.
In case of non-compliance, the client can easily access the guaranteed protection, without excessive formalities and without any undue delay and free of charge.
