GENERAL TERMS AND CONDITIONS
These general terms and conditions (hereinafter referred to as the General Terms and Conditions are subject, with regard to the package travel contract, to the following legal
framework:
a) Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel services; and,
b) Royal Decree-Law 23/2018 of December 21, 2018, on the transposition of directives on trademarks, rail transport and package travel and linked travel services.
Consequently, all the rights and obligations that apply within the framework of the European Union to package travel shall apply. All this in accordance with the following,
CLAUSE
1. CONCEPTS
For the purposes of these General Terms and Conditions, the following terms and conditions shall apply:
● Particular Conditions: are those specific to each package travel contract. The particular conditions of each contract in terms of dates, route, services included, etc. are detailed in the respective itineraries prepared for each Client. These, together with the General Conditions, as far as they do not
contradict each other, act as a single contract between the parties, of package travel.
● Client: natural or legal person who accesses the Website to get information and/or contract the Services offered by ExecuTrips.
● Organizer: the limited liability company MICETRIPS MADRID S.L., with NIF B-70793161 and with registered office at Calle Italia, 1, 1st floor, door 5, 28670, Villaviciosa de Odón Madrid (hereinafter, the organizer will be referred to by its trade name as ExecuTrips.
● Services: refers in general terms to travel services: passenger transportation, accommodation when it is not an integral part of passenger transportation and does not have a residential purpose, car rental (Royal Decree 750/2010 of June 4) and any other tourist service that is not an integral part of a travel service of those mentioned above.
● Website: refers to the ExecuTrips package travel services platform, accessible to the Client through the link www.executrips.com.
● Traveler: any person who has the right to travel under a package travel contract signed with ExecuTrips. Hereinafter, the Client and ExecuTrips will be jointly referred to as the Parties or individually and indistinctly as the Party.
2. TRAVEL SERVICES CONTRACTING PROCESS
2.1. Pre-contractual information
The Client who wishes to contract with ExecuTrips its services, will make a reservation request by means of which he/she will ask ExecuTrips to prepare a budget and a customized package travel program. Before making the reservation, ExecuTrips will deliver to the Client the corresponding pre-contractual information together with the form with the standardized information in the terms gathered in the applicable norm. Likewise, ExecuTrips will inform in advance of any modification made in the pre contractual information and prior to the date of conclusion of the package travel contract. In case of acceptance of the offer, the pre-contractual information provided to the Client will form an integral part of the corresponding package travel contract and will not be modified unless expressly agreed by the Parties through the Particular Conditions.
Therefore, the contracting of the travel services by the Client shall be carried out in accordance with:
a) these General Conditions;
b) the specific general conditions established for each type of service (flights, trains, hotels, transfers, car rental, as well as any other applicable in each travel program);
c) the Particular Conditions established, if applicable, in the package travel contract, and,
d) the applicable regulations.
2.2. Management fee
ExecuTrips will charge the Client a handling fee (management fee) for the preparation of each itinerary / tailor-made travel quotation.
Upon request of information by the Client, as part of the pre-contractual information, ExecuTrips will send to the Client the amount of the management fee together with all the information regarding the payment. Once the management fee has been paid by the Client, the Client will be entitled to receive the travel itinerary within a maximum of 5 calendar days from the date of payment.
The amount charged to the Client as a management fee is considered a unitary amount, in advance and in no case will be refundable, regardless of whether: (i) the Client finally confirms the reservation of the itinerary proposed by ExecuTrips and/or (ii) executes the trip.
The management fee is associated with each itinerary/quote proposal requested to ExecuTrips, so that the partial modification of the Services included in a travel itinerary/quote will not give rise to a new right to be charged as a management fee.
2.3. Confirmation of the reservation
Once the package travel contract has been signed, it shall be binding for both Parties. Notwithstanding the above, upon signing the package travel contract, as a condition for the issuance of the reservation, the Client must pay or have paid 50% of the total amount of the total price of the trip (initial payment), unless a different amount is established in the contract itself (see Clause 4.2 a)). At that moment, ExecuTrips will proceed to issue and confirm the reservation. The perfection of the contract, therefore, occurs with the confirmation of the travel reservation.
Therefore, the reservation of the itinerary will not be considered firm until the initial payment has not been made by the Client. Once the management fee has been paid (as provided for in Clause 2.2), the contract has been signed and the initial payment for the reservation has been made by the Client (as provided for in this Clause 4.2 a)), ExecuTrips undertakes to take the necessary steps to obtain confirmation from each supplier of the services contracted in the travel itinerary. By contracting the Services, it is understood that the Client accepts these General Conditions.
Once the services have been contracted by the Client, the Parties shall formalize the corresponding Particular Conditions which shall contain a detailed description of the services contracted by the Client. The Particular Conditions entered into by both Parties and these General Conditions shall constitute a single contract between the Parties. Notwithstanding the foregoing, in the event of contradiction between these General Conditions and the Particular Conditions entered into between the Parties, the latter shall prevail, unless the General Conditions are more beneficial to the Client.
Once the advance payment of the reservation has been made (as foreseen in Clause 4.2), ExecuTrips will deliver to the Client all the documentation related to the confirmation of his travel reservation, through the Client's contact email address. Upon receipt of the travel booking documentation, the Client shall review the content and information therein to identify any material errors in data entry, dates, itinerary or otherwise. In order to correct any material error that is appreciated, the Client must contact ExecuTrips through any of the contact channels, providing the reservation data, as soon as possible.
3. Conditions applying to travel services
The specific benefits (i.e. Services) that make up the package travel contract result from the information provided to the Client in the contractual information of the reservation and shall not be modified unless expressly agreed by the Parties as provided in Clause 2.1.
In advance of the commencement of the trip, ExecuTrips shall provide the traveler with the receipts, vouchers and tickets necessary for the provision of services. Unless otherwise stated in the Particular Conditions, the following general provisions regarding the Services shall apply:
3.1. Transportation
a) When the Client is interested in booking round-trip transportation services (air or ground), in order to be able to offer the most competitive rates available at that time, ExecuTrips may generate two separate reservations (one for the outbound and one for the return trip), even if they are with the same service provider. In this case, each reservation will have its own locator and its own conditions regarding changes, refunds and/or cancellations.
b) It will always be understood as a direct air route that whose documentary support is a single flight coupon, regardless of whether the flight makes a technical stop.
c) During the reservation process, ExecuTrips will require the Clients personal and contact information, among other reasons, in order to be able to communicate, if necessary, any incident that may occur in the reservation. The reservation of travel services will be made with the data provided by the Client for this purpose. ExecuTrips will not be responsible for any defect, error or omission in the information provided by the Client. Once the reservation has been made, a defect, error or omission in the name or identification of the passenger may entail additional costs for the change and issuance of the new ticket that, in any case, will be assumed by the Client. It is also noted that the airlines reserve the right to deny boarding to the passenger whose identification data contained in the ticket.
d) For air travel, the presentation of all travelers at the airport will be made at least three hours in advance for international flights and two hours in advance for domestic flights, in relation to the official departure time of the flight. The Client agrees to follow the specific recommendations included in the travel documentation provided by ExecuTrips, in order to ensure the correct execution of the travel program.
e) Each airline establishes its own rules and conditions for the management and provision of special services (such as access to VIP lounges, wheelchairs, transportation of sports equipment, special menus, fast-track, among others). Therefore, the Client must expressly request it to ExecuTrips, as far as possible, prior to the confirmation of the reservation. ExecuTrips will act merely as an intermediary, transferring the special service request to the corresponding airline company. The definitive provision of this type of services is conditioned to the previous and express confirmation by the airline company. ExecuTrips does not assume any responsibility for the refusal, non-fulfillment or defective provision of these services.
f) ExecuTrips does not assume any responsibility that may derive from the loss or damage of any element of the luggage or other objects that the traveler carries with him/her during the trip, and will refrain from making any claim and/or claiming any compensation from ExecuTrips for such cases.
3.2. Accommodation
a) The quality and characteristics of the services provided by the contracted lodging will be determined by the official tourist category, assigned by the competent body of the country of the establishment. In each establishment is published on the web the category that holds at the time of hiring it. Any variation that may occur in the official cataloging, which affects or alters the services provided to the Client during the trip, can not be considered as responsibility attributable to ExecuTrips.
b) The room categories will be subject to the conditions of each accommodation, travel program and general availability according to the dates of the trip.
c) Triple or quadruple rooms 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) The Client undertakes to make use of the services available at the accommodation in compliance with the applicable regulations (including the rules and policies of the establishment itself), morality, customs and public order. In this regard, the Customer agrees to review, accept and comply with the rules of the corresponding accommodation.
e) Check-in and check-out times will be subject to the specific conditions of each accommodation and will be reflected in the reservation documentation.
f) In most of the hotel establishments, the Client must provide a credit card, upon arrival, as a guarantee for any damages that may occur during the stay. Some establishments may require at the time of booking or during the stay, a deposit and/or security deposit. This precautionary measure is for occasional damages and may be carried out by credit card. It will be refunded on the day of departure, once it has been verified that no damage has been caused.
g) ExecuTrips can transfer to the accommodation, on behalf of the Client, special requests and/or services related to the accommodation service of the reservation. In any case, their approval and execution will be the exclusive responsibility of the accommodation.
h) The lodging regime applicable to each reservation will be detailed in the Particular Conditions, being one of the following: A.O. (accommodation only); A.B. (accommodation and breakfast); H.B. (half board); F.B. (full board) and A.I. (all inclusive). As a general rule, most hotels consider Half Board as breakfast and dinner, not admitting exchange of dinner for lunch, except when otherwise indicated.
4. ECONOMIC CONDITIONS OF THE TRIP
4.1. Services included in the price
Unless otherwise stated in the Particular Conditions, it shall be understood as included in the price of the trip, when the corresponding service is included in the contracted itinerary:
a) Transportation, with the type of transportation, characteristics and rate stated therein.
b) Lodging, in the establishment, with the category, services and meals included in the itinerary.
c) Indirect taxes or fees (e.g. Value Added Tax (VAT) when applicable) and whose payment is not directly payable to the Client.
d) Management fees.
e) All other services and complements that are specifically specified in the subscribed travel contract. On the contrary, the price of the travel reservation does not include anything that is not expressly included in the travel contract. As a general rule, the reservation quote does not include visa fees, entry/exit taxes, customs, or any related taxes, which must be paid directly by the Client upon arrival at the destination. Once the departure of the trip has taken place, the voluntary non-use by the Client of any of the contracted services shall not entitle him/her to any refund of the price of the service.
4.2. Calendar and means of payment of the reservation
The Client undertakes to pay the total price of the reservation in due time and form, in accordance with the following payment instructions and without prejudice to the Particular Conditions that may be established with respect to the payment of the reservation:
a) Initial payment: upon signing the package travel contract (as a condition for the issuance of the reservation) the Client must pay or have paid 50% of the total amount of the travel budget, unless a different amount is established in the contract itself. The reservation of the itinerary will not be considered firm until the deposit has been made. In those reservations that are paid by credit/debit card, the request for confirmation of a reservation entails the commitment on the part of the Client to authorize the charge to the credit card provided. In the event that it is not possible to charge the credit card (declined charge), the Client accepts that ExecuTrips will not issue the requested reservation.
b) Final Payment: payment of the remaining amount of the reservation must be made by the Client at least ten (10) days prior to the departure date, unless a different payment schedule is established in the package travel contract (Particular Conditions). If the Client does not make the final payment established in the contract, ExecuTrips will require the Client to do so within forty-eight (48) hours. If payment is not made in a timely manner, the travel itinerary reservation will be canceled. Consequently, the Client will be obliged to pay ExecuTrips all the costs incurred by the latter for this reason, applying the rules established in the contractual conditions for cancellation. If any of the contracted travel services have special payment conditions, the Client will be informed of them before contracting the trip. The Client agrees to pay for the contracted services by any of the following means of payment, which will also be detailed on the payment page and in the pre-contractual information:
Debit Cards (Visa Electron and Maestro) or Credit Cards (Visa, MasterCard or American Express). All payments made with bank cards are subject to
Royal Decree Law 19/2018 of 23 November on payment services and other urgent measures in financial matters. In this way, and with the aim of improving online security and strengthening protection against fraud, payments made with the means described in this point will be subject to the systems of verification and confirmation of the same by the Customer.
II. Bank transfer within 48 hours from the date of receipt of the corresponding invoice, to the bank account number provided for this purpose to the Customer.
5. ITINERARY MODIFICATIONS
5.1. At the Client’s request
If at any time prior to the departure date, the Client wishes to request changes related to: passengers, transportation services, destination services, accommodation, trip duration and/or dates, trip itinerary or any other aspect related to the services included in the contracted travel itinerary; he/she must inform ExecuTrips as soon as possible, with the purpose of managing his/her request.
With previous character to make effective the modification requested by the Client, ExecuTrips will have to put in knowledge of this one the additional expenses that would suppose the modification, if there were them, having the Client to authorize the same one when it supposes an increase of more than 5% of the previous price of the service.
5.2. Assignment of the reservation to another traveler
The Client will have the right to transfer his/her trip reservation to a third person, as long as he/she meets all the conditions required for the trip. The
request for cession of reservation will have to be communicated in writing to ExecuTrips with a minimum of seven (7) calendar days before the date of the beginning of the trip. Both the person who transfers his/her reservation for the trip and the transferee will be jointly and severally liable to ExecuTrips for the payment of the total trip budget, as well as for any commission, surcharge or justified additional expenses that may have been caused by said transfer.
5.3. By ExecuTrips
ExecuTrips may modify the conditions of the contract in order to make non- substantial changes, before the start of the trip, previously informing the
Client of such change in a clear, understandable and written manner. If, before the start of the trip, substantial changes (of any of the main characteristics of the services of the trip) are unavoidable or it is not possible to comply with any special requirements of the Client previously approved, this circumstance will be made known to the Client without delay and in writing, also indicating if applicable its repercussion on the price.
5.4. Changes in the price of the trip
The price of the trip has been calculated on the basis of exchange rates, transportation rates, fuel costs, taxes, etc. applicable on the date of booking the trip. The best available price for each contracted travel service will be confirmed at the time of booking, taking into account the meal plan, room type, additional services, class of airfare or means of transportation, etc. that have been requested. The fact that a rate is available on the date of requesting information, quotation, etc., does not imply that it can be contracted at the time of making a firm reservation. ExecuTrips can only increase prices up to 20 days prior to the start date of the trip. In addition, such increase can only be carried out to adjust the amount of the price of the trip to the variations:
a) Of the currency exchange rates applicable to the organized trip.
b) Of the price of passenger transport derived from fuel or other forms of energy.
c) The level of taxes or fees on travel services included in the contract, required by third parties not directly involved in the execution of the package, including taxes, tourist taxes and surcharges, landing and embarkation or disembarkation at ports and airports.
The travel contract will indicate the date on which the concepts set out in the previous section have been calculated so that the Client is aware of the reference for calculating price revisions.
If applicable, ExecuTrips will notify the Client in writing of the applicable price increase, in a clear and understandable manner, providing its detail, justification and basis for calculation, no later than 20 days before the start of the trip.
Only in the event that the price increase involves an increase of more than 8% of the previous price of the trip, the Client may terminate the contract without penalty. The Client must communicate to ExecuTrips whether he/she chooses to terminate
the contract or to accept the modification of the program (and/or the price), within a maximum period of 24 hours. If the modifications accepted by the Client would imply the delivery of a travel service of inferior quality, this will entitle the Client to demand a price reduction in proportion to the reduction in quality of the service affected. In the event that the Client chooses to terminate the contract due to the modifications communicated by ExecuTrips, he/she will be entitled to a refund of all amounts paid up to the date on which he/she communicates his/her wish to terminate the contract, without any penalty (except for those specific services which, according to the Particular Conditions and/or the travel contract, are expressly indicated as not being recoverable: such as actual administrative costs of reimbursement to the Client, insurance policies, etc.). ExecuTrips shall make effective the refund of such amounts within a maximum period of fourteen (14) days from the date on which the resolution is communicated.
6. TERMINATION OF THE CONTRACT
6.1. Cancellation by the Client
The Client may terminate the contract and leave without effect the contracted services at any time prior to the start of the trip. In such case, it will be obliged to pay to ExecuTrips the penalty described in the present clause.
Unless the contract specifies a different amount of compensation for this case, the amount of compensation, in favor of ExecuTrips, for the withdrawal of the travel contract will be equivalent to the sum of the following amounts:
● The cancellation fees indicated by the service provider (airline, accommodation, etc.), if any;
● In the event that the Client, once the reservation has been formalized or the possible modifications have been accepted, desists from making the trip, he/she shall be obliged to compensate Executrips, as a penalty, with the following amounts, as applicable:
● If the cancellation is communicated more than ten (10) and less than fifteen (15) days prior to the start date of the trip, it will correspond as a penalty the payment of 15% percent of the total price of the trip;
● If the cancellation is communicated between three (3) and ten (10) days before the beginning of the trip, a penalty of 20% of the total price of the trip will be charged;
● If the cancellation is communicated between two (2) days and the day before the beginning of the trip, the penalty shall be 30% of the total price of the trip.
● If the traveler/s do not show up at the departure of the trip, without prior communication of the cancellation to ExecuTrips, the Client will be obliged to pay 100% of the total price of the trip and without this entitling him/her to claim any compensation or the restitution of any amount from ExecuTrips. The amount paid as booking management fees (management fee, which is established in Clause 2.2) will be paid in full, so in no case will it be recoverable by
the Client. For clarification purposes, in case of cancellation, ExecuTrips will reimburse the Client for any payment made for the booked trip, minus the corresponding penalty. The above indemnity scale shall apply in the event of withdrawal by the Client unless the termination of the contract is due to force majeure, as provided for in clause 6.2 below.
6.2. Force Majeure events
For the purposes of these General Conditions, force majeure shall mean the existence of unavoidable, unforeseeable and extraordinary circumstances at the place of destination or in the immediate vicinity that significantly affect the execution of the package or the carriage of passengers to the place of destination. For clarification purposes, force majeure shall be a situation beyond the control of the party claiming it and whose consequences could not have been avoided even if all reasonable measures had been taken. In accordance with the foregoing, upon the occurrence of such circumstances the Customer shall be entitled to a full refund of any payment made, without any obligation to pay any penalty or right to receive additional compensation. Any refund or reimbursement in favor of the Customer for early termination of the contract for this reason shall be made within a period not exceeding fourteen (14) days after the date on which the contract is terminated.
6.3. Cancellation by ExecuTrips
ExecuTrips may cancel the contract and reimburse the traveler for all payments made within a maximum period of fourteen (14) days from the date on which the Client is notified of the cancellation. In this case the Client is entitled to a full refund of the amounts paid, without the right to any other claim.
The termination of the contract by ExecuTrips will not give right to compensation and/or any additional responsibility when any of the following circumstances occur:
a) Force majeure event: It will be understood by concurrence of cause of force majeure that ExecuTrips becomes impossible to execute the contract with the Client by unavoidable and extraordinary
circumstances (as the causes of force majeure are defined in the previous Clause 6.2). In this case, ExecuTrips will have to notify the Client of such circumstances as soon as possible. When this way it is contemplated in the regulation of application to the combined trips, for concurring circumstances qualified as sufficient, that make impossible the execution of the itinerary of trip by ExecuTrips. If the causes of force majeure or sufficient that prevent the fulfillment of the scheduled trip occur after its start, ExecuTrips will provide the Client with assistance at all times, as well as means for the return to the point of origin, and without such causes may be required compensation and / or compensation by the Client.
b) When so provided in the regulations applicable to package tours, due to circumstances qualified as sufficient, which make impossible the execution of the travel itinerary by ExecuTrips. If the causes of force majeure or sufficient that prevent the fulfillment of the programmed trip occur after its beginning, ExecuTrips will provide the Client with assistance at all times, as well as means for the return to the point of origin, and without such causes can be demandable compensation and / or compensation by the Client.
7. TRAVEL DOCUMENTATION AND VISAS
ExecuTrips assumes the commitment to inform the Client about the necessary health formalities for the trip and the stay at destination, as well as about the applicable conditions regarding passports and visas, including the approximate time to obtain the visas, being responsible for the correctness of the information provided.
Notwithstanding the foregoing, and unless otherwise agreed by the Parties in the contract, the Client and/or the traveler(s) shall be responsible for obtaining the necessary documentation for the trip, including passport, visas and applicable health formalities. Any traveler participating in the itinerary contracted by the Parties is obliged to carry the necessary documentation for each destination, and therefore, if any authority refuses to obtain the visa or prevents entry into the country for reasons attributable to the Client or the traveler(s), all damages that may arise from the lack of such documentation shall be for his/her account, and in particular, the expenses
incurred by the interruption of the trip and its eventual repatriation. In these circumstances, the conditions for voluntary cancellation by the Client shall apply.
In the event that, within the framework of the Services included in the travel contract, ExecuTrips is responsible for the service of assistance and support in the processing of the necessary visas for the destination of the itinerary, it may require the collection of the cost of the visa to the Client, as well as the management costs for the procedures to be carried out before the corresponding diplomatic or consular representation. Exclusively in this case, ExecuTrips will be responsible for the damages attributable to its service.
8. RIGHTS AND DUTIES OF THE PARTIES DURING THE TRIP
9. The Client:
a) Shall have the right to the proper performance of the Services included in the contract. If any of the contracted Services cannot be rendered, or are rendered with a lower quality than that contracted, he/she shall have the right to an appropriate reduction of the price.
b) Shall have the right to withdraw from the package travel contract once the trip has begun, but you will not be able to claim a refund of the amounts paid and you will continue to be obliged to pay those that are pending payment.
c) Shall be entitled to receive assistance in the shortest possible time, even in cases of unavoidable and extraordinary circumstances, through the provision of information on health services, local authorities and consular assistance, and to receive help in establishing remote communications and in finding alternative travel arrangements.
d) Agrees to follow the indications provided by ExecuTrips with the purpose of achieving the correct development and good end of the travel program, as well as any recommendation or regulatory provision that is of general application to the users of the Services included in the package tour. In particular, in group travel, the Client shall ensure that all travelers in the group observe proper conduct in accordance with the customs and customs of the destination and do not impair the normal development of the trip.
e) In the event that he/she observes that any of the Services included in the travel program is not performed in accordance with the contract, the traveler undertakes to inform ExecuTrips in writing of the lack of conformity without undue delay, describing the circumstances of the case. It is understood as lack of conformity, the non-execution or incorrect execution of the Travel Services included in a package travel contract.
f) In any case, will be obliged to take appropriate and reasonable measures to try to reduce the damages that may arise from the non-execution or deficient execution of the contract or to prevent their aggravation. Any damage resulting from the failure to take such measures shall be for the Customer's account. The serious breach of these duties entitles ExecuTrips to terminate the travel contract for cause attributable to the Client, the latter being liable for any damages that may have been caused to ExecuTrips.
9.1. ExecuTrips:
a) As organizer of the trip, ExecuTrips shall have the right to take the decisions that it considers pertinent and adequate in the face of unforeseen situations that may arise in its course, such as climatic alterations, political or warlike circumstances, problems produced by air intermediaries, strikes, natural disasters, etc., establishing the necessary changes in the same to guarantee the security of the travelers and the good development of the trip.
b) Shall have the right to give instructions and other travel recommendations to the Client, so that the Client will be required to behave appropriately and in accordance with the various regulations and customs of the country of destination of the trip, throughout the duration of the travel program, in order to avoid damaging or altering its normal implementation.
c) Will be obliged to correctly execute the Services included in the contracted trip, regardless of whether they are executed directly by ExecuTrips or by other service providers, and will be liable for the damages suffered by the traveler as a consequence of the non-execution or deficient execution of the contract, except:
1º.- That the defects observed in the execution of the contract are attributable to the Client;
2º.- That the aforementioned defects are due to unforeseeable or unavoidable circumstances, meaning any situation beyond the control of the party alleging this situation and whose consequences could not have been avoided, even if all reasonable measures had been taken, that is, due to force majeure. In the above cases of exclusion of liability, ExecuTrips will be obliged to provide the necessary assistance to the Client who is in difficulty, unless the defects produced are attributable exclusively to an intentional or negligent conduct of the Client.
10. LIMITATION OF LIABILITY
ExecuTrips will apply the limitations of responsibility that are established in the international conventions that bind the European Union, in relation to the scope or the conditions of the payment of indemnifications on the part of suppliers of travel services included in a combined trip.
When the Client and/or traveler appreciates in situ the non-execution or bad execution of the services contracted as part of the trip, he/she must notify ExecuTrips immediately and in writing within 48 hours, in order for ExecuTrips to take the pertinent measures. In no case ExecuTrips is responsible for the expenses of lodging, meals, transportation and others that are originated as a result of delays in departures or returns of flights for causes beyond its control, be they meteorological, strikes, technical etc.
In cases of dissatisfaction of the Client, for the non-execution or bad execution of the Services, the Client will not have right to indemnification for damages and/or compensation on the part of ExecuTrips, if ExecuTrips demonstrates that this defective provision of services has been derived from some of the following circumstances:
a) Causes exclusively attributable to the Client;
b) Causes attributable to a third party outside the provision of contracted services, when the damage was unforeseeable or unavoidable;
c) Causes of force majeure (in the terms of Clause 6.2). In no event shall ExecuTrips be liable for indirect, special, incidental, reliance or consequential damages, or for damages for loss of use, loss of profits or interruption of the Clients business. In other cases, ExecuTrips may limit its liability in these General Conditions and / or in any of the documents that make up the contract with the Client, provided that such limitation does not apply to bodily injury or damage caused intentionally or negligently and that the amount is not less than three times the total price of the trip.
11. CLAIMS, APPLICABLE LAW AND
11.1. Claims
Without prejudice to the legal actions that assist him/her, the Client will be able to make written complaints and/or claims directed to ExecuTrips, for the non-execution or deficient execution of the contract. ExecuTrips puts at the disposal of its Clients the following e-mail address so that they can interpose in writing their complaints and claims: support@executrips.com.
In the maximum term of 30 days, ExecuTrips will have to answer in writing the formulated claim. To assure a correct management of the incident by ExecuTrips, it is required in any case that the writing is identified with the locator of your reservation.
11.2. Applicable law, competent jurisdiction and statute of limitations for legal actions
The present General Conditions as well as any contractual relation that binds the Client and ExecuTrips will be governed by the Spanish law. Both Parties, expressly waiving any other jurisdiction that by law may correspond to them, agree to submit to the jurisdiction and exclusive competence of the Courts and Tribunals of the province in which the registered office of ExecuTrips is located, that is, Madrid. The legal actions derived from the contract of combined trip subscribed between the Parties prescribe with the lapse of the term of two years from its signature.
Last update on 06/28/2024
All rights reserved to MICETRIPS MADRID S.L.
GENERAL TERMS AND CONDITIONS
These general terms and conditions (hereinafter referred to as the General Terms and Conditions are subject, with regard to the package travel contract, to the following legal
framework:
a) Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel services; and,
b) Royal Decree-Law 23/2018 of December 21, 2018, on the transposition of directives on trademarks, rail transport and package travel and linked travel services.
Consequently, all the rights and obligations that apply within the framework of the European Union to package travel shall apply. All this in accordance with the following,
CLAUSE
1. CONCEPTS
For the purposes of these General Terms and Conditions, the following terms and conditions shall apply:
● Particular Conditions: are those specific to each package travel contract. The particular conditions of each contract in terms of dates, route, services included, etc. are detailed in the respective itineraries prepared for each Client. These, together with the General Conditions, as far as they do not
contradict each other, act as a single contract between the parties, of package travel.
● Client: natural or legal person who accesses the Website to get information and/or contract the Services offered by ExecuTrips.
● Organizer: the limited liability company MICETRIPS MADRID S.L., with NIF B-70793161 and with registered office at Calle Italia, 1, 1st floor, door 5, 28670, Villaviciosa de Odón Madrid (hereinafter, the organizer will be referred to by its trade name as ExecuTrips.
● Services: refers in general terms to travel services: passenger transportation, accommodation when it is not an integral part of passenger transportation and does not have a residential purpose, car rental (Royal Decree 750/2010 of June 4) and any other tourist service that is not an integral part of a travel service of those mentioned above.
● Website: refers to the ExecuTrips package travel services platform, accessible to the Client through the link www.executrips.com.
● Traveler: any person who has the right to travel under a package travel contract signed with ExecuTrips. Hereinafter, the Client and ExecuTrips will be jointly referred to as the Parties or individually and indistinctly as the Party.
2. TRAVEL SERVICES CONTRACTING PROCESS
2.1. Pre-contractual information
The Client who wishes to contract with ExecuTrips its services, will make a reservation request by means of which he/she will ask ExecuTrips to prepare a budget and a customized package travel program. Before making the reservation, ExecuTrips will deliver to the Client the corresponding pre-contractual information together with the form with the standardized information in the terms gathered in the applicable norm. Likewise, ExecuTrips will inform in advance of any modification made in the pre contractual information and prior to the date of conclusion of the package travel contract. In case of acceptance of the offer, the pre-contractual information provided to the Client will form an integral part of the corresponding package travel contract and will not be modified unless expressly agreed by the Parties through the Particular Conditions.
Therefore, the contracting of the travel services by the Client shall be carried out in accordance with:
a) these General Conditions;
b) the specific general conditions established for each type of service (flights, trains, hotels, transfers, car rental, as well as any other applicable in each travel program);
c) the Particular Conditions established, if applicable, in the package travel contract, and,
d) the applicable regulations.
2.2. Management fee
ExecuTrips will charge the Client a handling fee (management fee) for the preparation of each itinerary / tailor-made travel quotation.
Upon request of information by the Client, as part of the pre-contractual information, ExecuTrips will send to the Client the amount of the management fee together with all the information regarding the payment. Once the management fee has been paid by the Client, the Client will be entitled to receive the travel itinerary within a maximum of 5 calendar days from the date of payment.
The amount charged to the Client as a management fee is considered a unitary amount, in advance and in no case will be refundable, regardless of whether: (i) the Client finally confirms the reservation of the itinerary proposed by ExecuTrips and/or (ii) executes the trip.
The management fee is associated with each itinerary/quote proposal requested to ExecuTrips, so that the partial modification of the Services included in a travel itinerary/quote will not give rise to a new right to be charged as a management fee.
2.3. Confirmation of the reservation
Once the package travel contract has been signed, it shall be binding for both Parties. Notwithstanding the above, upon signing the package travel contract, as a condition for the issuance of the reservation, the Client must pay or have paid 50% of the total amount of the total price of the trip (initial payment), unless a different amount is established in the contract itself (see Clause 4.2 a)). At that moment, ExecuTrips will proceed to issue and confirm the reservation. The perfection of the contract, therefore, occurs with the confirmation of the travel reservation.
Therefore, the reservation of the itinerary will not be considered firm until the initial payment has not been made by the Client. Once the management fee has been paid (as provided for in Clause 2.2), the contract has been signed and the initial payment for the reservation has been made by the Client (as provided for in this Clause 4.2 a)), ExecuTrips undertakes to take the necessary steps to obtain confirmation from each supplier of the services contracted in the travel itinerary. By contracting the Services, it is understood that the Client accepts these General Conditions.
Once the services have been contracted by the Client, the Parties shall formalize the corresponding Particular Conditions which shall contain a detailed description of the services contracted by the Client. The Particular Conditions entered into by both Parties and these General Conditions shall constitute a single contract between the Parties. Notwithstanding the foregoing, in the event of contradiction between these General Conditions and the Particular Conditions entered into between the Parties, the latter shall prevail, unless the General Conditions are more beneficial to the Client.
Once the advance payment of the reservation has been made (as foreseen in Clause 4.2), ExecuTrips will deliver to the Client all the documentation related to the confirmation of his travel reservation, through the Client's contact email address. Upon receipt of the travel booking documentation, the Client shall review the content and information therein to identify any material errors in data entry, dates, itinerary or otherwise. In order to correct any material error that is appreciated, the Client must contact ExecuTrips through any of the contact channels, providing the reservation data, as soon as possible.
3. Conditions applying to travel services
The specific benefits (i.e. Services) that make up the package travel contract result from the information provided to the Client in the contractual information of the reservation and shall not be modified unless expressly agreed by the Parties as provided in Clause 2.1.
In advance of the commencement of the trip, ExecuTrips shall provide the traveler with the receipts, vouchers and tickets necessary for the provision of services. Unless otherwise stated in the Particular Conditions, the following general provisions regarding the Services shall apply:
3.1. Transportation
a) When the Client is interested in booking round-trip transportation services (air or ground), in order to be able to offer the most competitive rates available at that time, ExecuTrips may generate two separate reservations (one for the outbound and one for the return trip), even if they are with the same service provider. In this case, each reservation will have its own locator and its own conditions regarding changes, refunds and/or cancellations.
b) It will always be understood as a direct air route that whose documentary support is a single flight coupon, regardless of whether the flight makes a technical stop.
c) During the reservation process, ExecuTrips will require the Clients personal and contact information, among other reasons, in order to be able to communicate, if necessary, any incident that may occur in the reservation. The reservation of travel services will be made with the data provided by the Client for this purpose. ExecuTrips will not be responsible for any defect, error or omission in the information provided by the Client. Once the reservation has been made, a defect, error or omission in the name or identification of the passenger may entail additional costs for the change and issuance of the new ticket that, in any case, will be assumed by the Client. It is also noted that the airlines reserve the right to deny boarding to the passenger whose identification data contained in the ticket.
d) For air travel, the presentation of all travelers at the airport will be made at least three hours in advance for international flights and two hours in advance for domestic flights, in relation to the official departure time of the flight. The Client agrees to follow the specific recommendations included in the travel documentation provided by ExecuTrips, in order to ensure the correct execution of the travel program.
e) Each airline establishes its own rules and conditions for the management and provision of special services (such as access to VIP lounges, wheelchairs, transportation of sports equipment, special menus, fast-track, among others). Therefore, the Client must expressly request it to ExecuTrips, as far as possible, prior to the confirmation of the reservation. ExecuTrips will act merely as an intermediary, transferring the special service request to the corresponding airline company. The definitive provision of this type of services is conditioned to the previous and express confirmation by the airline company. ExecuTrips does not assume any responsibility for the refusal, non-fulfillment or defective provision of these services.
f) ExecuTrips does not assume any responsibility that may derive from the loss or damage of any element of the luggage or other objects that the traveler carries with him/her during the trip, and will refrain from making any claim and/or claiming any compensation from ExecuTrips for such cases.
3.2. Accommodation
a) The quality and characteristics of the services provided by the contracted lodging will be determined by the official tourist category, assigned by the competent body of the country of the establishment. In each establishment is published on the web the category that holds at the time of hiring it. Any variation that may occur in the official cataloging, which affects or alters the services provided to the Client during the trip, can not be considered as responsibility attributable to ExecuTrips.
b) The room categories will be subject to the conditions of each accommodation, travel program and general availability according to the dates of the trip.
c) Triple or quadruple rooms 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) The Client undertakes to make use of the services available at the accommodation in compliance with the applicable regulations (including the rules and policies of the establishment itself), morality, customs and public order. In this regard, the Customer agrees to review, accept and comply with the rules of the corresponding accommodation.
e) Check-in and check-out times will be subject to the specific conditions of each accommodation and will be reflected in the reservation documentation.
f) In most of the hotel establishments, the Client must provide a credit card, upon arrival, as a guarantee for any damages that may occur during the stay. Some establishments may require at the time of booking or during the stay, a deposit and/or security deposit. This precautionary measure is for occasional damages and may be carried out by credit card. It will be refunded on the day of departure, once it has been verified that no damage has been caused.
g) ExecuTrips can transfer to the accommodation, on behalf of the Client, special requests and/or services related to the accommodation service of the reservation. In any case, their approval and execution will be the exclusive responsibility of the accommodation.
h) The lodging regime applicable to each reservation will be detailed in the Particular Conditions, being one of the following: A.O. (accommodation only); A.B. (accommodation and breakfast); H.B. (half board); F.B. (full board) and A.I. (all inclusive). As a general rule, most hotels consider Half Board as breakfast and dinner, not admitting exchange of dinner for lunch, except when otherwise indicated.
4. ECONOMIC CONDITIONS OF THE TRIP
4.1. Services included in the price
Unless otherwise stated in the Particular Conditions, it shall be understood as included in the price of the trip, when the corresponding service is included in the contracted itinerary:
a) Transportation, with the type of transportation, characteristics and rate stated therein.
b) Lodging, in the establishment, with the category, services and meals included in the itinerary.
c) Indirect taxes or fees (e.g. Value Added Tax (VAT) when applicable) and whose payment is not directly payable to the Client.
d) Management fees.
e) All other services and complements that are specifically specified in the subscribed travel contract. On the contrary, the price of the travel reservation does not include anything that is not expressly included in the travel contract. As a general rule, the reservation quote does not include visa fees, entry/exit taxes, customs, or any related taxes, which must be paid directly by the Client upon arrival at the destination. Once the departure of the trip has taken place, the voluntary non-use by the Client of any of the contracted services shall not entitle him/her to any refund of the price of the service.
4.2. Calendar and means of payment of the reservation
The Client undertakes to pay the total price of the reservation in due time and form, in accordance with the following payment instructions and without prejudice to the Particular Conditions that may be established with respect to the payment of the reservation:
a) Initial payment: upon signing the package travel contract (as a condition for the issuance of the reservation) the Client must pay or have paid 50% of the total amount of the travel budget, unless a different amount is established in the contract itself. The reservation of the itinerary will not be considered firm until the deposit has been made. In those reservations that are paid by credit/debit card, the request for confirmation of a reservation entails the commitment on the part of the Client to authorize the charge to the credit card provided. In the event that it is not possible to charge the credit card (declined charge), the Client accepts that ExecuTrips will not issue the requested reservation.
b) Final Payment: payment of the remaining amount of the reservation must be made by the Client at least ten (10) days prior to the departure date, unless a different payment schedule is established in the package travel contract (Particular Conditions). If the Client does not make the final payment established in the contract, ExecuTrips will require the Client to do so within forty-eight (48) hours. If payment is not made in a timely manner, the travel itinerary reservation will be canceled. Consequently, the Client will be obliged to pay ExecuTrips all the costs incurred by the latter for this reason, applying the rules established in the contractual conditions for cancellation. If any of the contracted travel services have special payment conditions, the Client will be informed of them before contracting the trip. The Client agrees to pay for the contracted services by any of the following means of payment, which will also be detailed on the payment page and in the pre-contractual information:
Debit Cards (Visa Electron and Maestro) or Credit Cards (Visa, MasterCard or American Express). All payments made with bank cards are subject to
Royal Decree Law 19/2018 of 23 November on payment services and other urgent measures in financial matters. In this way, and with the aim of improving online security and strengthening protection against fraud, payments made with the means described in this point will be subject to the systems of verification and confirmation of the same by the Customer.
II. Bank transfer within 48 hours from the date of receipt of the corresponding invoice, to the bank account number provided for this purpose to the Customer.
5. ITINERARY MODIFICATIONS
5.1. At the Client’s request
If at any time prior to the departure date, the Client wishes to request changes related to: passengers, transportation services, destination services, accommodation, trip duration and/or dates, trip itinerary or any other aspect related to the services included in the contracted travel itinerary; he/she must inform ExecuTrips as soon as possible, with the purpose of managing his/her request.
With previous character to make effective the modification requested by the Client, ExecuTrips will have to put in knowledge of this one the additional expenses that would suppose the modification, if there were them, having the Client to authorize the same one when it supposes an increase of more than 5% of the previous price of the service.
5.2. Assignment of the reservation to another traveler
The Client will have the right to transfer his/her trip reservation to a third person, as long as he/she meets all the conditions required for the trip. The
request for cession of reservation will have to be communicated in writing to ExecuTrips with a minimum of seven (7) calendar days before the date of the beginning of the trip. Both the person who transfers his/her reservation for the trip and the transferee will be jointly and severally liable to ExecuTrips for the payment of the total trip budget, as well as for any commission, surcharge or justified additional expenses that may have been caused by said transfer.
5.3. By ExecuTrips
ExecuTrips may modify the conditions of the contract in order to make non- substantial changes, before the start of the trip, previously informing the
Client of such change in a clear, understandable and written manner. If, before the start of the trip, substantial changes (of any of the main characteristics of the services of the trip) are unavoidable or it is not possible to comply with any special requirements of the Client previously approved, this circumstance will be made known to the Client without delay and in writing, also indicating if applicable its repercussion on the price.
5.4. Changes in the price of the trip
The price of the trip has been calculated on the basis of exchange rates, transportation rates, fuel costs, taxes, etc. applicable on the date of booking the trip. The best available price for each contracted travel service will be confirmed at the time of booking, taking into account the meal plan, room type, additional services, class of airfare or means of transportation, etc. that have been requested. The fact that a rate is available on the date of requesting information, quotation, etc., does not imply that it can be contracted at the time of making a firm reservation. ExecuTrips can only increase prices up to 20 days prior to the start date of the trip. In addition, such increase can only be carried out to adjust the amount of the price of the trip to the variations:
a) Of the currency exchange rates applicable to the organized trip.
b) Of the price of passenger transport derived from fuel or other forms of energy.
c) The level of taxes or fees on travel services included in the contract, required by third parties not directly involved in the execution of the package, including taxes, tourist taxes and surcharges, landing and embarkation or disembarkation at ports and airports.
The travel contract will indicate the date on which the concepts set out in the previous section have been calculated so that the Client is aware of the reference for calculating price revisions.
If applicable, ExecuTrips will notify the Client in writing of the applicable price increase, in a clear and understandable manner, providing its detail, justification and basis for calculation, no later than 20 days before the start of the trip.
Only in the event that the price increase involves an increase of more than 8% of the previous price of the trip, the Client may terminate the contract without penalty. The Client must communicate to ExecuTrips whether he/she chooses to terminate
the contract or to accept the modification of the program (and/or the price), within a maximum period of 24 hours. If the modifications accepted by the Client would imply the delivery of a travel service of inferior quality, this will entitle the Client to demand a price reduction in proportion to the reduction in quality of the service affected. In the event that the Client chooses to terminate the contract due to the modifications communicated by ExecuTrips, he/she will be entitled to a refund of all amounts paid up to the date on which he/she communicates his/her wish to terminate the contract, without any penalty (except for those specific services which, according to the Particular Conditions and/or the travel contract, are expressly indicated as not being recoverable: such as actual administrative costs of reimbursement to the Client, insurance policies, etc.). ExecuTrips shall make effective the refund of such amounts within a maximum period of fourteen (14) days from the date on which the resolution is communicated.
6. TERMINATION OF THE CONTRACT
6.1. Cancellation by the Client
The Client may terminate the contract and leave without effect the contracted services at any time prior to the start of the trip. In such case, it will be obliged to pay to ExecuTrips the penalty described in the present clause.
Unless the contract specifies a different amount of compensation for this case, the amount of compensation, in favor of ExecuTrips, for the withdrawal of the travel contract will be equivalent to the sum of the following amounts:
● The cancellation fees indicated by the service provider (airline, accommodation, etc.), if any;
● In the event that the Client, once the reservation has been formalized or the possible modifications have been accepted, desists from making the trip, he/she shall be obliged to compensate Executrips, as a penalty, with the following amounts, as applicable:
● If the cancellation is communicated more than ten (10) and less than fifteen (15) days prior to the start date of the trip, it will correspond as a penalty the payment of 15% percent of the total price of the trip;
● If the cancellation is communicated between three (3) and ten (10) days before the beginning of the trip, a penalty of 20% of the total price of the trip will be charged;
● If the cancellation is communicated between two (2) days and the day before the beginning of the trip, the penalty shall be 30% of the total price of the trip.
● If the traveler/s do not show up at the departure of the trip, without prior communication of the cancellation to ExecuTrips, the Client will be obliged to pay 100% of the total price of the trip and without this entitling him/her to claim any compensation or the restitution of any amount from ExecuTrips. The amount paid as booking management fees (management fee, which is established in Clause 2.2) will be paid in full, so in no case will it be recoverable by
the Client. For clarification purposes, in case of cancellation, ExecuTrips will reimburse the Client for any payment made for the booked trip, minus the corresponding penalty. The above indemnity scale shall apply in the event of withdrawal by the Client unless the termination of the contract is due to force majeure, as provided for in clause 6.2 below.
6.2. Force Majeure events
For the purposes of these General Conditions, force majeure shall mean the existence of unavoidable, unforeseeable and extraordinary circumstances at the place of destination or in the immediate vicinity that significantly affect the execution of the package or the carriage of passengers to the place of destination. For clarification purposes, force majeure shall be a situation beyond the control of the party claiming it and whose consequences could not have been avoided even if all reasonable measures had been taken. In accordance with the foregoing, upon the occurrence of such circumstances the Customer shall be entitled to a full refund of any payment made, without any obligation to pay any penalty or right to receive additional compensation. Any refund or reimbursement in favor of the Customer for early termination of the contract for this reason shall be made within a period not exceeding fourteen (14) days after the date on which the contract is terminated.
6.3. Cancellation by ExecuTrips
ExecuTrips may cancel the contract and reimburse the traveler for all payments made within a maximum period of fourteen (14) days from the date on which the Client is notified of the cancellation. In this case the Client is entitled to a full refund of the amounts paid, without the right to any other claim.
The termination of the contract by ExecuTrips will not give right to compensation and/or any additional responsibility when any of the following circumstances occur:
a) Force majeure event: It will be understood by concurrence of cause of force majeure that ExecuTrips becomes impossible to execute the contract with the Client by unavoidable and extraordinary
circumstances (as the causes of force majeure are defined in the previous Clause 6.2). In this case, ExecuTrips will have to notify the Client of such circumstances as soon as possible. When this way it is contemplated in the regulation of application to the combined trips, for concurring circumstances qualified as sufficient, that make impossible the execution of the itinerary of trip by ExecuTrips. If the causes of force majeure or sufficient that prevent the fulfillment of the scheduled trip occur after its start, ExecuTrips will provide the Client with assistance at all times, as well as means for the return to the point of origin, and without such causes may be required compensation and / or compensation by the Client.
b) When so provided in the regulations applicable to package tours, due to circumstances qualified as sufficient, which make impossible the execution of the travel itinerary by ExecuTrips. If the causes of force majeure or sufficient that prevent the fulfillment of the programmed trip occur after its beginning, ExecuTrips will provide the Client with assistance at all times, as well as means for the return to the point of origin, and without such causes can be demandable compensation and / or compensation by the Client.
7. TRAVEL DOCUMENTATION AND VISAS
ExecuTrips assumes the commitment to inform the Client about the necessary health formalities for the trip and the stay at destination, as well as about the applicable conditions regarding passports and visas, including the approximate time to obtain the visas, being responsible for the correctness of the information provided.
Notwithstanding the foregoing, and unless otherwise agreed by the Parties in the contract, the Client and/or the traveler(s) shall be responsible for obtaining the necessary documentation for the trip, including passport, visas and applicable health formalities. Any traveler participating in the itinerary contracted by the Parties is obliged to carry the necessary documentation for each destination, and therefore, if any authority refuses to obtain the visa or prevents entry into the country for reasons attributable to the Client or the traveler(s), all damages that may arise from the lack of such documentation shall be for his/her account, and in particular, the expenses
incurred by the interruption of the trip and its eventual repatriation. In these circumstances, the conditions for voluntary cancellation by the Client shall apply.
In the event that, within the framework of the Services included in the travel contract, ExecuTrips is responsible for the service of assistance and support in the processing of the necessary visas for the destination of the itinerary, it may require the collection of the cost of the visa to the Client, as well as the management costs for the procedures to be carried out before the corresponding diplomatic or consular representation. Exclusively in this case, ExecuTrips will be responsible for the damages attributable to its service.
8. RIGHTS AND DUTIES OF THE PARTIES DURING THE TRIP
9. The Client:
a) Shall have the right to the proper performance of the Services included in the contract. If any of the contracted Services cannot be rendered, or are rendered with a lower quality than that contracted, he/she shall have the right to an appropriate reduction of the price.
b) Shall have the right to withdraw from the package travel contract once the trip has begun, but you will not be able to claim a refund of the amounts paid and you will continue to be obliged to pay those that are pending payment.
c) Shall be entitled to receive assistance in the shortest possible time, even in cases of unavoidable and extraordinary circumstances, through the provision of information on health services, local authorities and consular assistance, and to receive help in establishing remote communications and in finding alternative travel arrangements.
d) Agrees to follow the indications provided by ExecuTrips with the purpose of achieving the correct development and good end of the travel program, as well as any recommendation or regulatory provision that is of general application to the users of the Services included in the package tour. In particular, in group travel, the Client shall ensure that all travelers in the group observe proper conduct in accordance with the customs and customs of the destination and do not impair the normal development of the trip.
e) In the event that he/she observes that any of the Services included in the travel program is not performed in accordance with the contract, the traveler undertakes to inform ExecuTrips in writing of the lack of conformity without undue delay, describing the circumstances of the case. It is understood as lack of conformity, the non-execution or incorrect execution of the Travel Services included in a package travel contract.
f) In any case, will be obliged to take appropriate and reasonable measures to try to reduce the damages that may arise from the non-execution or deficient execution of the contract or to prevent their aggravation. Any damage resulting from the failure to take such measures shall be for the Customer's account. The serious breach of these duties entitles ExecuTrips to terminate the travel contract for cause attributable to the Client, the latter being liable for any damages that may have been caused to ExecuTrips.
9.1. ExecuTrips:
a) As organizer of the trip, ExecuTrips shall have the right to take the decisions that it considers pertinent and adequate in the face of unforeseen situations that may arise in its course, such as climatic alterations, political or warlike circumstances, problems produced by air intermediaries, strikes, natural disasters, etc., establishing the necessary changes in the same to guarantee the security of the travelers and the good development of the trip.
b) Shall have the right to give instructions and other travel recommendations to the Client, so that the Client will be required to behave appropriately and in accordance with the various regulations and customs of the country of destination of the trip, throughout the duration of the travel program, in order to avoid damaging or altering its normal implementation.
c) Will be obliged to correctly execute the Services included in the contracted trip, regardless of whether they are executed directly by ExecuTrips or by other service providers, and will be liable for the damages suffered by the traveler as a consequence of the non-execution or deficient execution of the contract, except:
1º.- That the defects observed in the execution of the contract are attributable to the Client;
2º.- That the aforementioned defects are due to unforeseeable or unavoidable circumstances, meaning any situation beyond the control of the party alleging this situation and whose consequences could not have been avoided, even if all reasonable measures had been taken, that is, due to force majeure. In the above cases of exclusion of liability, ExecuTrips will be obliged to provide the necessary assistance to the Client who is in difficulty, unless the defects produced are attributable exclusively to an intentional or negligent conduct of the Client.
10. LIMITATION OF LIABILITY
ExecuTrips will apply the limitations of responsibility that are established in the international conventions that bind the European Union, in relation to the scope or the conditions of the payment of indemnifications on the part of suppliers of travel services included in a combined trip.
When the Client and/or traveler appreciates in situ the non-execution or bad execution of the services contracted as part of the trip, he/she must notify ExecuTrips immediately and in writing within 48 hours, in order for ExecuTrips to take the pertinent measures. In no case ExecuTrips is responsible for the expenses of lodging, meals, transportation and others that are originated as a result of delays in departures or returns of flights for causes beyond its control, be they meteorological, strikes, technical etc.
In cases of dissatisfaction of the Client, for the non-execution or bad execution of the Services, the Client will not have right to indemnification for damages and/or compensation on the part of ExecuTrips, if ExecuTrips demonstrates that this defective provision of services has been derived from some of the following circumstances:
a) Causes exclusively attributable to the Client;
b) Causes attributable to a third party outside the provision of contracted services, when the damage was unforeseeable or unavoidable;
c) Causes of force majeure (in the terms of Clause 6.2). In no event shall ExecuTrips be liable for indirect, special, incidental, reliance or consequential damages, or for damages for loss of use, loss of profits or interruption of the Clients business. In other cases, ExecuTrips may limit its liability in these General Conditions and / or in any of the documents that make up the contract with the Client, provided that such limitation does not apply to bodily injury or damage caused intentionally or negligently and that the amount is not less than three times the total price of the trip.
11. CLAIMS, APPLICABLE LAW AND
11.1. Claims
Without prejudice to the legal actions that assist him/her, the Client will be able to make written complaints and/or claims directed to ExecuTrips, for the non-execution or deficient execution of the contract. ExecuTrips puts at the disposal of its Clients the following e-mail address so that they can interpose in writing their complaints and claims: support@executrips.com.
In the maximum term of 30 days, ExecuTrips will have to answer in writing the formulated claim. To assure a correct management of the incident by ExecuTrips, it is required in any case that the writing is identified with the locator of your reservation.
11.2. Applicable law, competent jurisdiction and statute of limitations for legal actions
The present General Conditions as well as any contractual relation that binds the Client and ExecuTrips will be governed by the Spanish law. Both Parties, expressly waiving any other jurisdiction that by law may correspond to them, agree to submit to the jurisdiction and exclusive competence of the Courts and Tribunals of the province in which the registered office of ExecuTrips is located, that is, Madrid. The legal actions derived from the contract of combined trip subscribed between the Parties prescribe with the lapse of the term of two years from its signature.
Last update on 06/28/2024
All rights reserved to MICETRIPS MADRID S.L.
GENERAL TERMS AND CONDITIONS
These general terms and conditions (hereinafter referred to as the General Terms and Conditions are subject, with regard to the package travel contract, to the following legal framework:
a) Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel services; and,
b) Royal Decree-Law 23/2018 of December 21, 2018, on the transposition of directives on trademarks, rail transport and package travel and linked travel services.
Consequently, all the rights and obligations that apply within the framework of the European Union to package travel shall apply. All this in accordance with the following,
CLAUSES
1. CONCEPTS
For the purposes of these General Terms and Conditions, the following terms and conditions shall apply:
Particular Conditions: are those specific to each package travel contract. The particular conditions of each contract in terms of dates, route, services included, etc. are detailed in the respective itineraries prepared for each Client. These, together with the General Conditions, as far as they do not contradict each other, act as a single contract between the parties, of package travel.
Client: natural or legal person who accesses the Website to get information and/or contract the Services offered by ExecuTrips.
Organizer: the limited liability company MICETRIPS MADRID S.L., with NIF B-70793161 and with registered office at Calle Italia, 1, 1st floor, door 5, 28670, Villaviciosa de Odón Madrid (hereinafter, the organizer will be referred to by its trade name as ExecuTrips.
Services: refers in general terms to travel services: passenger transportation, accommodation when it is not an integral part of passenger transportation and does not have a residential purpose, car rental (Royal Decree 750/2010 of June 4) and any other tourist service that is not an integral part of a travel service of those mentioned above.
Website: refers to the ExecuTrips package travel services platform, accessible to the Client through the link www.executrips.com.
Traveler: any person who has the right to travel under a package travel contract signed with ExecuTrips. Hereinafter, the Client and ExecuTrips will be jointly referred to as the Parties or individually and indistinctly as the Party.
2. TRAVEL SERVICES CONTRACTING PROCESS
2.1. Pre-contractual information
The Client who wishes to contract with ExecuTrips its services, will make a reservation request by means of which he/she will ask ExecuTrips to prepare a budget and a customized package travel program. Before making the reservation, ExecuTrips will deliver to the Client the corresponding pre-contractual information together with the form with the standardized information in the terms gathered in the applicable norm. Likewise, ExecuTrips will inform in advance of any modification made in the pre contractual information and prior to the date of conclusion of the package travel contract. In case of acceptance of the offer, the pre-contractual information provided to the Client will form an integral part of the corresponding package travel contract and will not be modified unless expressly agreed by the Parties through the Particular Conditions.
Therefore, the contracting of the travel services by the Client shall be carried out in accordance with:
a) these General Conditions;
b) the specific general conditions established for each type of service (flights, trains, hotels, transfers, car rental, as well as any other applicable in each travel program);
c) the Particular Conditions established, if applicable, in the package travel contract, and,
d) the applicable regulations.
2.2. Management fee
ExecuTrips will charge the Client a handling fee (management fee) for the preparation of each itinerary / tailor-made travel quotation.
Upon request of information by the Client, as part of the pre-contractual information, ExecuTrips will send to the Client the amount of the management fee together with all the information regarding the payment. Once the management fee has been paid by the Client, the Client will be entitled to receive the travel itinerary within a maximum of 5 calendar days from the date of payment.
The amount charged to the Client as a management fee is considered a unitary amount, in advance and in no case will be refundable, regardless of whether: (i) the Client finally confirms the reservation of the itinerary proposed by ExecuTrips and/or (ii) executes the trip.
The management fee is associated with each itinerary/quote proposal requested to ExecuTrips, so that the partial modification of the Services included in a travel itinerary/quote will not give rise to a new right to be charged as a management fee.
2.3. Confirmation of the reservation
Once the package travel contract has been signed, it shall be binding for both Parties. Notwithstanding the above, upon signing the package travel contract, as a condition for the issuance of the reservation, the Client must pay or have paid 50% of the total amount of the total price of the trip (initial payment), unless a different amount is established in the contract itself (see Clause 4.2 a)). At that moment, ExecuTrips will proceed to issue and confirm the reservation. The perfection of the contract, therefore, occurs with the confirmation of the travel reservation.
Therefore, the reservation of the itinerary will not be considered firm until the initial payment has not been made by the Client. Once the management fee has been paid (as provided for in Clause 2.2), the contract has been signed and the initial payment for the reservation has been made by the Client (as provided for in this Clause 4.2 a)), ExecuTrips undertakes to take the necessary steps to obtain confirmation from each supplier of the services contracted in the travel itinerary. By contracting the Services, it is understood that the Client accepts these General Conditions.
Once the services have been contracted by the Client, the Parties shall formalize the corresponding Particular Conditions which shall contain a detailed description of the services contracted by the Client. The Particular Conditions entered into by both Parties and these General Conditions shall constitute a single contract between the Parties. Notwithstanding the foregoing, in the event of contradiction between these General Conditions and the Particular Conditions entered into between the Parties, the latter shall prevail, unless the General Conditions are more beneficial to the Client.
Once the advance payment of the reservation has been made (as foreseen in Clause 4.2), ExecuTrips will deliver to the Client all the documentation related to the confirmation of his travel reservation, through the Client's contact email address. Upon receipt of the travel booking documentation, the Client shall review the content and information therein to identify any material errors in data entry, dates, itinerary or otherwise. In order to correct any material error that is appreciated, the Client must contact ExecuTrips through any of the contact channels, providing the reservation data, as soon as possible.
3. Conditions applying to travel services
The specific benefits (i.e. Services) that make up the package travel contract result from the information provided to the Client in the contractual information of the reservation and shall not be modified unless expressly agreed by the Parties as provided in Clause 2.1.
In advance of the commencement of the trip, ExecuTrips shall provide the traveler with the receipts, vouchers and tickets necessary for the provision of services. Unless otherwise stated in the Particular Conditions, the following general provisions regarding the Services shall apply:
3.1. Transportation
a) When the Client is interested in booking round-trip transportation services (air or ground), in order to be able to offer the most competitive rates available at that time, ExecuTrips may generate two separate reservations (one for the outbound and one for the return trip), even if they are with the same service provider. In this case, each reservation will have its own locator and its own conditions regarding changes, refunds and/or cancellations.
b) It will always be understood as a direct air route that whose documentary support is a single flight coupon, regardless of whether the flight makes a technical stop.
c) During the reservation process, ExecuTrips will require the Clients personal and contact information, among other reasons, in order to be able to communicate, if necessary, any incident that may occur in the reservation. The reservation of travel services will be made with the data provided by the Client for this purpose. ExecuTrips will not be responsible for any defect, error or omission in the information provided by the Client. Once the reservation has been made, a defect, error or omission in the name or identification of the passenger may entail additional costs for the change and issuance of the new ticket that, in any case, will be assumed by the Client. It is also noted that the airlines reserve the right to deny boarding to the passenger whose identification data contained in the ticket.
d) For air travel, the presentation of all travelers at the airport will be made at least three hours in advance for international flights and two hours in advance for domestic flights, in relation to the official departure time of the flight. The Client agrees to follow the specific recommendations included in the travel documentation provided by ExecuTrips, in order to ensure the correct execution of the travel program.
e) Each airline establishes its own rules and conditions for the management and provision of special services (such as access to VIP lounges, wheelchairs, transportation of sports equipment, special menus, fast-track, among others). Therefore, the Client must expressly request it to ExecuTrips, as far as possible, prior to the confirmation of the reservation. ExecuTrips will act merely as an intermediary, transferring the special service request to the corresponding airline company. The definitive provision of this type of services is conditioned to the previous and express confirmation by the airline company. ExecuTrips does not assume any responsibility for the refusal, non-fulfillment or defective provision of these services.
f) ExecuTrips does not assume any responsibility that may derive from the loss or damage of any element of the luggage or other objects that the traveler carries with him/her during the trip, and will refrain from making any claim and/or claiming any compensation from ExecuTrips for such cases.
3.2. Accommodation
a) The quality and characteristics of the services provided by the contracted lodging will be determined by the official tourist category, assigned by the competent body of the country of the establishment. In each establishment is published on the web the category that holds at the time of hiring it. Any variation that may occur in the official cataloging, which affects or alters the services provided to the Client during the trip, can not be considered as responsibility attributable to ExecuTrips.
b) The room categories will be subject to the conditions of each accommodation, travel program and general availability according to the dates of the trip.
c) Triple or quadruple rooms 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) The Client undertakes to make use of the services available at the accommodation in compliance with the applicable regulations (including the rules and policies of the establishment itself), morality, customs and public order. In this regard, the Customer agrees to review, accept and comply with the rules of the corresponding accommodation.
e) Check-in and check-out times will be subject to the specific conditions of each accommodation and will be reflected in the reservation documentation.
f) In most of the hotel establishments, the Client must provide a credit card, upon arrival, as a guarantee for any damages that may occur during the stay. Some establishments may require at the time of booking or during the stay, a deposit and/or security deposit. This precautionary measure is for occasional damages and may be carried out by credit card. It will be refunded on the day of departure, once it has been verified that no damage has been caused.
g) ExecuTrips can transfer to the accommodation, on behalf of the Client, special requests and/or services related to the accommodation service of the reservation. In any case, their approval and execution will be the exclusive responsibility of the accommodation.
h) The lodging regime applicable to each reservation will be detailed in the Particular Conditions, being one of the following: A.O. (accommodation only); A.B. (accommodation and breakfast); H.B. (half board); F.B. (full board) and A.I. (all inclusive). As a general rule, most hotels consider Half Board as breakfast and dinner, not admitting exchange of dinner for lunch, except when otherwise indicated.
4. ECONOMIC CONDITIONS OF THE TRIP
4.1. Services included in the price
Unless otherwise stated in the Particular Conditions, it shall be understood as included in the price of the trip, when the corresponding service is included in the contracted itinerary:
a) Transportation, with the type of transportation, characteristics and rate stated therein.
b) Lodging, in the establishment, with the category, services and meals included in the itinerary.
c) Indirect taxes or fees (e.g. Value Added Tax (VAT) when applicable) and whose payment is not directly payable to the Client.
d) Management fees.
e) All other services and complements that are specifically specified in the subscribed travel contract. On the contrary, the price of the travel reservation does not include anything that is not expressly included in the travel contract. As a general rule, the reservation quote does not include visa fees, entry/exit taxes, customs, or any related taxes, which must be paid directly by the Client upon arrival at the destination. Once the departure of the trip has taken place, the voluntary non-use by the Client of any of the contracted services shall not entitle him/her to any refund of the price of the service.
4.2. Calendar and means of payment of the reservation
The Client undertakes to pay the total price of the reservation in due time and form, in accordance with the following payment instructions and without prejudice to the Particular Conditions that may be established with respect to the payment of the reservation:
a) Initial payment: upon signing the package travel contract (as a condition for the issuance of the reservation) the Client must pay or have paid 50% of the total amount of the travel budget, unless a different amount is established in the contract itself. The reservation of the itinerary will not be considered firm until the deposit has been made. In those reservations that are paid by credit/debit card, the request for confirmation of a reservation entails the commitment on the part of the Client to authorize the charge to the credit card provided. In the event that it is not possible to charge the credit card (declined charge), the Client accepts that ExecuTrips will not issue the requested reservation.
b) Final Payment: payment of the remaining amount of the reservation must be made by the Client at least ten (10) days prior to the departure date, unless a different payment schedule is established in the package travel contract (Particular Conditions). If the Client does not make the final payment established in the contract, ExecuTrips will require the Client to do so within forty-eight (48) hours. If payment is not made in a timely manner, the travel itinerary reservation will be canceled. Consequently, the Client will be obliged to pay ExecuTrips all the costs incurred by the latter for this reason, applying the rules established in the contractual conditions for cancellation. If any of the contracted travel services have special payment conditions, the Client will be informed of them before contracting the trip. The Client agrees to pay for the contracted services by any of the following means of payment, which will also be detailed on the payment page and in the pre-contractual information:
Debit Cards (Visa Electron and Maestro) or Credit Cards (Visa, MasterCard or American Express). All payments made with bank cards are subject to
Royal Decree Law 19/2018 of 23 November on payment services and other urgent measures in financial matters. In this way, and with the aim of improving online security and strengthening protection against fraud, payments made with the means described in this point will be subject to the systems of verification and confirmation of the same by the Customer.
II. Bank transfer within 48 hours from the date of receipt of the corresponding invoice, to the bank account number provided for this purpose to the Customer.
5. ITINERARY MODIFICATIONS
5.1. At the Client’s request
If at any time prior to the departure date, the Client wishes to request changes related to: passengers, transportation services, destination services, accommodation, trip duration and/or dates, trip itinerary or any other aspect related to the services included in the contracted travel itinerary; he/she must inform ExecuTrips as soon as possible, with the purpose of managing his/her request.
With previous character to make effective the modification requested by the Client, ExecuTrips will have to put in knowledge of this one the additional expenses that would suppose the modification, if there were them, having the Client to authorize the same one when it supposes an increase of more than 5% of the previous price of the service.
5.2. Assignment of the reservation to another traveler
The Client will have the right to transfer his/her trip reservation to a third person, as long as he/she meets all the conditions required for the trip. The
request for cession of reservation will have to be communicated in writing to ExecuTrips with a minimum of seven (7) calendar days before the date of the beginning of the trip. Both the person who transfers his/her reservation for the trip and the transferee will be jointly and severally liable to ExecuTrips for the payment of the total trip budget, as well as for any commission, surcharge or justified additional expenses that may have been caused by said transfer.
5.3. By ExecuTrips
ExecuTrips may modify the conditions of the contract in order to make non- substantial changes, before the start of the trip, previously informing the
Client of such change in a clear, understandable and written manner. If, before the start of the trip, substantial changes (of any of the main characteristics of the services of the trip) are unavoidable or it is not possible to comply with any special requirements of the Client previously approved, this circumstance will be made known to the Client without delay and in writing, also indicating if applicable its repercussion on the price.
5.4. Changes in the price of the trip
The price of the trip has been calculated on the basis of exchange rates, transportation rates, fuel costs, taxes, etc. applicable on the date of booking the trip. The best available price for each contracted travel service will be confirmed at the time of booking, taking into account the meal plan, room type, additional services, class of airfare or means of transportation, etc. that have been requested. The fact that a rate is available on the date of requesting information, quotation, etc., does not imply that it can be contracted at the time of making a firm reservation. ExecuTrips can only increase prices up to 20 days prior to the start date of the trip. In addition, such increase can only be carried out to adjust the amount of the price of the trip to the variations:
a) Of the currency exchange rates applicable to the organized trip.
b) Of the price of passenger transport derived from fuel or other forms of energy.
c) The level of taxes or fees on travel services included in the contract, required by third parties not directly involved in the execution of the package, including taxes, tourist taxes and surcharges, landing and embarkation or disembarkation at ports and airports.
The travel contract will indicate the date on which the concepts set out in the previous section have been calculated so that the Client is aware of the reference for calculating price revisions.
If applicable, ExecuTrips will notify the Client in writing of the applicable price increase, in a clear and understandable manner, providing its detail, justification and basis for calculation, no later than 20 days before the start of the trip.
Only in the event that the price increase involves an increase of more than 8% of the previous price of the trip, the Client may terminate the contract without penalty. The Client must communicate to ExecuTrips whether he/she chooses to terminate
the contract or to accept the modification of the program (and/or the price), within a maximum period of 24 hours. If the modifications accepted by the Client would imply the delivery of a travel service of inferior quality, this will entitle the Client to demand a price reduction in proportion to the reduction in quality of the service affected. In the event that the Client chooses to terminate the contract due to the modifications communicated by ExecuTrips, he/she will be entitled to a refund of all amounts paid up to the date on which he/she communicates his/her wish to terminate the contract, without any penalty (except for those specific services which, according to the Particular Conditions and/or the travel contract, are expressly indicated as not being recoverable: such as actual administrative costs of reimbursement to the Client, insurance policies, etc.). ExecuTrips shall make effective the refund of such amounts within a maximum period of fourteen (14) days from the date on which the resolution is communicated.
6. TERMINATION OF THE CONTRACT
6.1. Cancellation by the Client
The Client may terminate the contract and leave without effect the contracted services at any time prior to the start of the trip. In such case, it will be obliged to pay to ExecuTrips the penalty described in the present clause.
Unless the contract specifies a different amount of compensation for this case, the amount of compensation, in favor of ExecuTrips, for the withdrawal of the travel contract will be equivalent to the sum of the following amounts:
● The cancellation fees indicated by the service provider (airline, accommodation, etc.), if any;
● In the event that the Client, once the reservation has been formalized or the possible modifications have been accepted, desists from making the trip, he/she shall be obliged to compensate Executrips, as a penalty, with the following amounts, as applicable:
● If the cancellation is communicated more than ten (10) and less than fifteen (15) days prior to the start date of the trip, it will correspond as a penalty the payment of 15% percent of the total price of the trip;
● If the cancellation is communicated between three (3) and ten (10) days before the beginning of the trip, a penalty of 20% of the total price of the trip will be charged;
● If the cancellation is communicated between two (2) days and the day before the beginning of the trip, the penalty shall be 30% of the total price of the trip.
● If the traveler/s do not show up at the departure of the trip, without prior communication of the cancellation to ExecuTrips, the Client will be obliged to pay 100% of the total price of the trip and without this entitling him/her to claim any compensation or the restitution of any amount from ExecuTrips. The amount paid as booking management fees (management fee, which is established in Clause 2.2) will be paid in full, so in no case will it be recoverable by
the Client. For clarification purposes, in case of cancellation, ExecuTrips will reimburse the Client for any payment made for the booked trip, minus the corresponding penalty. The above indemnity scale shall apply in the event of withdrawal by the Client unless the termination of the contract is due to force majeure, as provided for in clause 6.2 below.
6.2. Force Majeure events
For the purposes of these General Conditions, force majeure shall mean the existence of unavoidable, unforeseeable and extraordinary circumstances at the place of destination or in the immediate vicinity that significantly affect the execution of the package or the carriage of passengers to the place of destination. For clarification purposes, force majeure shall be a situation beyond the control of the party claiming it and whose consequences could not have been avoided even if all reasonable measures had been taken. In accordance with the foregoing, upon the occurrence of such circumstances the Customer shall be entitled to a full refund of any payment made, without any obligation to pay any penalty or right to receive additional compensation. Any refund or reimbursement in favor of the Customer for early termination of the contract for this reason shall be made within a period not exceeding fourteen (14) days after the date on which the contract is terminated.
6.3. Cancellation by ExecuTrips
ExecuTrips may cancel the contract and reimburse the traveler for all payments made within a maximum period of fourteen (14) days from the date on which the Client is notified of the cancellation. In this case the Client is entitled to a full refund of the amounts paid, without the right to any other claim.
The termination of the contract by ExecuTrips will not give right to compensation and/or any additional responsibility when any of the following circumstances occur:
a) Force majeure event: It will be understood by concurrence of cause of force majeure that ExecuTrips becomes impossible to execute the contract with the Client by unavoidable and extraordinary
circumstances (as the causes of force majeure are defined in the previous Clause 6.2). In this case, ExecuTrips will have to notify the Client of such circumstances as soon as possible. When this way it is contemplated in the regulation of application to the combined trips, for concurring circumstances qualified as sufficient, that make impossible the execution of the itinerary of trip by ExecuTrips. If the causes of force majeure or sufficient that prevent the fulfillment of the scheduled trip occur after its start, ExecuTrips will provide the Client with assistance at all times, as well as means for the return to the point of origin, and without such causes may be required compensation and / or compensation by the Client.
b) When so provided in the regulations applicable to package tours, due to circumstances qualified as sufficient, which make impossible the execution of the travel itinerary by ExecuTrips. If the causes of force majeure or sufficient that prevent the fulfillment of the programmed trip occur after its beginning, ExecuTrips will provide the Client with assistance at all times, as well as means for the return to the point of origin, and without such causes can be demandable compensation and / or compensation by the Client.
7. TRAVEL DOCUMENTATION AND VISAS
ExecuTrips assumes the commitment to inform the Client about the necessary health formalities for the trip and the stay at destination, as well as about the applicable conditions regarding passports and visas, including the approximate time to obtain the visas, being responsible for the correctness of the information provided.
Notwithstanding the foregoing, and unless otherwise agreed by the Parties in the contract, the Client and/or the traveler(s) shall be responsible for obtaining the necessary documentation for the trip, including passport, visas and applicable health formalities. Any traveler participating in the itinerary contracted by the Parties is obliged to carry the necessary documentation for each destination, and therefore, if any authority refuses to obtain the visa or prevents entry into the country for reasons attributable to the Client or the traveler(s), all damages that may arise from the lack of such documentation shall be for his/her account, and in particular, the expenses
incurred by the interruption of the trip and its eventual repatriation. In these circumstances, the conditions for voluntary cancellation by the Client shall apply.
In the event that, within the framework of the Services included in the travel contract, ExecuTrips is responsible for the service of assistance and support in the processing of the necessary visas for the destination of the itinerary, it may require the collection of the cost of the visa to the Client, as well as the management costs for the procedures to be carried out before the corresponding diplomatic or consular representation. Exclusively in this case, ExecuTrips will be responsible for the damages attributable to its service.
8. RIGHTS AND DUTIES OF THE PARTIES DURING THE TRIP
8.1. The Client:
a) Shall have the right to the proper performance of the Services included in the contract. If any of the contracted Services cannot be rendered, or are rendered with a lower quality than that contracted, he/she shall have the right to an appropriate reduction of the price.
b) Shall have the right to withdraw from the package travel contract once the trip has begun, but you will not be able to claim a refund of the amounts paid and you will continue to be obliged to pay those that are pending payment.
c) Shall be entitled to receive assistance in the shortest possible time, even in cases of unavoidable and extraordinary circumstances, through the provision of information on health services, local authorities and consular assistance, and to receive help in establishing remote communications and in finding alternative travel arrangements.
d) Agrees to follow the indications provided by ExecuTrips with the purpose of achieving the correct development and good end of the travel program, as well as any recommendation or regulatory provision that is of general application to the users of the Services included in the package tour. In particular, in group travel, the Client shall ensure that all travelers in the group observe proper conduct in accordance with the customs and customs of the destination and do not impair the normal development of the trip.
e) In the event that he/she observes that any of the Services included in the travel program is not performed in accordance with the contract, the traveler undertakes to inform ExecuTrips in writing of the lack of conformity without undue delay, describing the circumstances of the case. It is understood as lack of conformity, the non-execution or incorrect execution of the Travel Services included in a package travel contract.
f) In any case, will be obliged to take appropriate and reasonable measures to try to reduce the damages that may arise from the non-execution or deficient execution of the contract or to prevent their aggravation. Any damage resulting from the failure to take such measures shall be for the Customer's account. The serious breach of these duties entitles ExecuTrips to terminate the travel contract for cause attributable to the Client, the latter being liable for any damages that may have been caused to ExecuTrips.
8.2. ExecuTrips:
a) As organizer of the trip, ExecuTrips shall have the right to take the decisions that it considers pertinent and adequate in the face of unforeseen situations that may arise in its course, such as climatic alterations, political or warlike circumstances, problems produced by air intermediaries, strikes, natural disasters, etc., establishing the necessary changes in the same to guarantee the security of the travelers and the good development of the trip.
b) Shall have the right to give instructions and other travel recommendations to the Client, so that the Client will be required to behave appropriately and in accordance with the various regulations and customs of the country of destination of the trip, throughout the duration of the travel program, in order to avoid damaging or altering its normal implementation.
c) Will be obliged to correctly execute the Services included in the contracted trip, regardless of whether they are executed directly by ExecuTrips or by other service providers, and will be liable for the damages suffered by the traveler as a consequence of the non-execution or deficient execution of the contract, except:
1º.- That the defects observed in the execution of the contract are attributable to the Client;
2º.- That the aforementioned defects are due to unforeseeable or unavoidable circumstances, meaning any situation beyond the control of the party alleging this situation and whose consequences could not have been avoided, even if all reasonable measures had been taken, that is, due to force majeure. In the above cases of exclusion of liability, ExecuTrips will be obliged to provide the necessary assistance to the Client who is in difficulty, unless the defects produced are attributable exclusively to an intentional or negligent conduct of the Client.
9. LIMITATION OF LIABILITY
ExecuTrips will apply the limitations of responsibility that are established in the international conventions that bind the European Union, in relation to the scope or the conditions of the payment of indemnifications on the part of suppliers of travel services included in a combined trip.
When the Client and/or traveler appreciates in situ the non-execution or bad execution of the services contracted as part of the trip, he/she must notify ExecuTrips immediately and in writing within 48 hours, in order for ExecuTrips to take the pertinent measures. In no case ExecuTrips is responsible for the expenses of lodging, meals, transportation and others that are originated as a result of delays in departures or returns of flights for causes beyond its control, be they meteorological, strikes, technical etc.
In cases of dissatisfaction of the Client, for the non-execution or bad execution of the Services, the Client will not have right to indemnification for damages and/or compensation on the part of ExecuTrips, if ExecuTrips demonstrates that this defective provision of services has been derived from some of the following circumstances:
a) Causes exclusively attributable to the Client;
b) Causes attributable to a third party outside the provision of contracted services, when the damage was unforeseeable or unavoidable;
c) Causes of force majeure (in the terms of Clause 6.2). In no event shall ExecuTrips be liable for indirect, special, incidental, reliance or consequential damages, or for damages for loss of use, loss of profits or interruption of the Clients business. In other cases, ExecuTrips may limit its liability in these General Conditions and / or in any of the documents that make up the contract with the Client, provided that such limitation does not apply to bodily injury or damage caused intentionally or negligently and that the amount is not less than three times the total price of the trip.
10. CLAIMS, APPLICABLE LAW AND
10.1. Claims
Without prejudice to the legal actions that assist him/her, the Client will be able to make written complaints and/or claims directed to ExecuTrips, for the non-execution or deficient execution of the contract. ExecuTrips puts at the disposal of its Clients the following e-mail address so that they can interpose in writing their complaints and claims: support@executrips.com.
In the maximum term of 30 days, ExecuTrips will have to answer in writing the formulated claim. To assure a correct management of the incident by ExecuTrips, it is required in any case that the writing is identified with the locator of your reservation.
10.2. Applicable law, competent jurisdiction and statute of limitations for legal actions
The present General Conditions as well as any contractual relation that binds the Client and ExecuTrips will be governed by the Spanish law. Both Parties, expressly waiving any other jurisdiction that by law may correspond to them, agree to submit to the jurisdiction and exclusive competence of the Courts and Tribunals of the province in which the registered office of ExecuTrips is located, that is, Madrid. The legal actions derived from the contract of combined trip subscribed between the Parties prescribe with the lapse of the term of two years from its signature.
Last update on 06/28/2024
All rights reserved to MICETRIPS MADRID S.L.
All rights reserved to MICETRIPS MADRID S.L
Address
Serrano Street, 4th Floor
28001
Madrid (Spain)
All rights reserved to MICETRIPS MADRID S.L
Address
Serrano Street, 4th Floor
28001
Madrid (Spain)
All rights reserved to MICETRIPS MADRID S.L
Address
Serrano Street, 4th Floor
28001
Madrid (Spain)