a) Contracting of the combined travel

1. Pre-contractual information

1. Before the traveler is bound by any combined travel contract or corresponding offer, the organizing agency or, where appropriate, the retail agency, will provide the traveler with the standard information form for combined travel contracts, as well as the rest of the characteristics and information of the trip in accordance with the provisions of current legislation.
2. People with reduced mobility who wish to receive precise information about the suitability of the trip according to their special needs, in order to assess the possibility and feasibility of contracting the trip according to its characteristics, must inform the organizing agency or, where appropriate, the retail agency, of this situation so that information can be provided to them for this purpose. According to the provisions of Regulation CE 1107/2006, a person with reduced mobility is understood to be any person whose mobility to participate in the trip is reduced due to physical disability (sensory or locomotor, permanent or temporary), intellectual disability or deficiency, or any other cause of disability, or due to age, and whose situation requires adequate attention and adaptation to their particular needs of the service made available to other participants in the trip.
3. The pre-contractual information provided to the traveler in accordance with sections a), c), d), e) and g) of article 153.1 of Royal Legislative Decree 1/2007, will form an integral part of the combined travel contract and will not be modified unless the travel agency and the traveler expressly agree. The organizing agency and, where appropriate, the retail agency, before the combined travel contract is concluded, will communicate to the traveler in a clear, understandable and prominent manner, all changes to the pre-contractual information.

2. Information on provisions applicable to passports, visas and vaccines

1. The agency has the duty to inform about the health formalities necessary for the trip and the stay, as well as about the conditions applicable to travelers in terms of passports and visas, including the approximate time for obtaining visas, and will be responsible for the accuracy of the information provided.
2. The traveler must obtain the necessary documentation to carry out the trip, including the passport and visas and that referring to health formalities. All damages that may arise from the lack of such documentation will be at their expense, and in particular, the expenses produced by the interruption of the trip and its eventual repatriation.
3. If the agency accepts the traveler’s request to process the visas necessary for any of the destinations planned in the itinerary, it may demand payment of the cost of the visa as well as the management expenses for the procedures that must be carried out before the corresponding diplomatic or consular representation. In this case, the agency will be liable for the damages that are attributable to it.

3. Reservation request

1. To formalize the reservation, the following steps must be followed:
   In the upper part of the selected tour, we will find the available dates of said tour. By clicking on the button: BOOK/INFO, a series of fields will appear to be filled in.
   The interested traveler must fill in the contact data fields, accept the privacy policies and send the request.
   The traveler will receive a request confirmation email to the email address entered and a Moto Map Travel agent will contact him to provide all the information about the tour as soon as possible and resolve all his doubts.
2. If the agency has agreed to manage the reservation, it will be responsible for the technical errors that occur in the reservation system that are attributable to it and for the errors committed during the reservation process.
3. The agency will not be responsible for reservation errors attributable to the traveler or caused by unavoidable and extraordinary circumstances.

4. Confirmation of reservation

The combined travel contract is perfected with the confirmation of the reservation. From that moment on, the combined travel contract is binding on both parties.

5. Payment schedule

1. At the time of confirmation of the reservation, the consumer must pay €500, unless a different amount is established in the combined travel contract.
2. The payment of the remaining price must be made no later than 30 days before departure, unless a different payment schedule is established in the combined travel contract.
3. If the traveler does not comply with the payment schedule, the agency may terminate the contract and apply the rules established for the termination of the trip by the traveler before the departure provided in Clause 13.

b) Rules applicable to the services of the combined travel

6. Services

The services that make up the combined travel contract result from the information provided to the consumer in the pre-contractual information and will not be modified unless the travel agency and the traveler expressly agree as provided in Clause 1.3.

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

7. Accommodation

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

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

b) The occupancy schedule of the rooms depends on the rules established in each country and accommodation.

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

8. Transportation

1. The traveler must present themselves at the place indicated for departure with the advance notice indicated by the travel agency.
2. The loss or damage that occurs in relation to hand luggage or other objects that the traveler carries with them will be their sole responsibility and risk while they are under the custody of the traveler.

9. Other services

1. As a general rule, the full board regime includes continental breakfast, lunch, dinner and accommodation. The half board regime, unless otherwise indicated, includes continental breakfast, dinner and accommodation. As a general rule, these meals do not include drinks.
2. Special diets (vegetarian or special regimes) are only guaranteed if they are stated in the special needs accepted by the organizer in the combined travel contract.
3. The presence of pets will only be accepted if it is stated in the special needs accepted by the organizer in the combined travel contract.

c) Rights and obligations of the parties before the start of the trip

10. Modification of the contract

1. The organizing agency may only modify the clauses of the contract before the start of the trip if the change is insignificant and the organizing agency itself or, where appropriate, the retail agency, informs the traveler of said change in a durable medium in a clear, understandable and prominent manner.
2. If before the start of the trip the organizing agency is forced to make substantial changes to any of the main characteristics of the travel services or cannot comply with any special requirement of the traveler previously accepted, the organizing agency or, where appropriate, the retail agency will inform the traveler without delay, in a clear, understandable and prominent manner, in a durable medium and the communication must contain:

• The proposed substantial modifications and, if applicable, their impact on the price;
• A reasonable period for the traveler to inform of their decision;
• The indication that if the traveler does not communicate the decision within the indicated period, it will be understood that they reject the substantial modification and that, therefore, they choose to terminate the contract without any penalty; and
• If the agency can offer it, the substitute combined travel offered and its price.
  
  The traveler may choose between accepting the proposed modification or terminating the contract without penalty. If the traveler chooses to terminate the contract, they may accept a substitute combined travel that, where appropriate, the organizing agency or the retail agency offers them. Said substitute travel must be, if possible, of equivalent or superior quality.
  If the modification of the contract or the substitute travel results in a trip of lower quality or cost, the traveler is entitled to an adequate reduction of the price.
  In the event that the traveler chooses to terminate the contract without penalty or does not accept the substitute combined travel offered, the organizing agency or, where appropriate, the retail agency, will reimburse all payments made in respect of the trip, within a period not exceeding fourteen calendar days from the date of termination of the contract. For these purposes, the provisions of sections 2 to 6 of Clause 22 will apply.

11. Price review

1. Prices may only be increased by the agency up to 20 calendar days prior to departure. In addition, said increase may only be carried out to adjust the amount of the trip price to the variations:
   a) Of the exchange rates applicable to the organized trip.
   b) Of the price of passenger transport derived from fuel or other forms of energy.
   c) Of the level of taxes or fees on travel services included in the contract, required by third parties who are not directly involved in the execution of the combined travel, including tourist fees, taxes and surcharges, landing and boarding or disembarking in ports and airports.
2. The contract will indicate the date on which the concepts exposed in the previous section have been calculated so that the traveler has knowledge of the reference to calculate the price revisions.
3. The organizing agency or, where appropriate, the retail agency, will notify the increase to the traveler, in a clear and understandable manner, with a justification of this increase and will provide their calculation in a durable medium no later than 20 days before the start of the trip.
4. Only in the event that the price increase supposes an increase greater than 8% of the price of the trip, the traveler may terminate the contract without penalty. In such case, the provisions of Clause 10 will apply.
5. The traveler will be entitled to a reduction in the price of the trip for variations produced in the concepts detailed in sections a), b) and c) of Clause 11.1. In such cases, the organizing agency and, where appropriate, the retail agency, of said price reduction will deduct the actual administrative expenses of reimbursement to the traveler.

12. Transfer of the reservation

1. 1The traveler may transfer their reservation to a person who meets all the required conditions, in the brochure, program or combined travel offer and in the contract, to carry out the combined travel.
2. The transfer must be communicated, in a durable medium, to the organizing agency or, where appropriate, to the retail agency, with a minimum advance notice of 7 calendar days to the date of commencement of the trip, which may only pass on to the traveler the costs actually incurred as a result of the transfer.
3. In any case, the traveler and the person to whom they have transferred the reservation are jointly and severally liable to the agency for the payment of the rest of the price, as well as any commission, surcharge and other additional costs that the transfer may have caused.

13. Termination of the trip by the traveler before the departure of the trip

1. The traveler may terminate the contract at any time prior to the start of the trip and in such case, the organizing agency or, where appropriate, the retail agency, may require them to pay a penalty that is adequate and justifiable. The contract may specify a standard penalty that is reasonable based on the advance notice of the termination of the contract with respect to the start of the trip and on the cost savings and the income expected from the alternative use of the travel services.
   If the contract does not provide for a standard penalty, the amount of the penalty for the termination will be equivalent to the price of the combined travel less the cost savings and the income derived from the alternative use of the travel services.
   Therefore, in such cases, the organizing agency or, where appropriate, the retail agency, shall reimburse any payment that has been made for the combined travel, less the corresponding penalty.
2. However, if unavoidable and extraordinary circumstances concur in the destination or in the vicinity that significantly affect the execution of the trip or the transport of passengers to the place of destination, the traveler may terminate the contract before its start without any penalty and with the right to reimbursement of all payments on account of the trip that they had made.
3. Said reimbursements or returns will be made to the traveler, discounting the corresponding penalty in the case of section 1 above, within a period not exceeding 14 calendar days after the termination of the combined travel contract.

14. Cancellation of trip by the organizer before the departure of the trip

If the organizing agency cancels the contract for reasons not attributable to the traveler, it must reimburse all payments made by the traveler within a period not exceeding 14 calendar days from the termination of the contract. The organizing agency will not be responsible for paying any additional compensation to the traveler if the cancellation is due to:

a) The number of people registered for the combined travel is less than the minimum number specified in the contract and the organizing agency, or where appropriate, the retail agency, notifies the traveler of the cancellation within the period set in the same, which at the latest will be of:

• • 20 days before the start in the case of trips of more than 6 days duration.
  • 7 days on trips of between 2 and 6 days.
  • 48 hours on trips of less than 2 days.

b) The organizer is unable to execute the contract due to unavoidable and extraordinary circumstances and the cancellation is notified to the traveler without undue delay before the start of the combined travel.

15. Withdrawal before the start of the trip in contracts concluded outside the establishment

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

d) Rights and obligations of the parties after the start of the trip

16. Duty to communicate any lack of conformity of the contract

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

Lack of conformity is understood as the non-execution or the incorrect execution of the travel services included in a combined travel contract.

17. Remedying any lack of conformity of the contract and non-provision, as agreed in the contract, of a significant part of the travel services

1. If any of the services included in the trip are not performed in accordance with the contract, the organizing agency and, where applicable, the retail agency, must remedy the lack of conformity, unless it is impossible or involves disproportionate costs, taking into account the seriousness of the lack of conformity and the value of the trip services affected. If the lack of conformity is not remedied, the provisions of Clause 22 shall apply.
2. If none of the above exceptions apply and a lack of conformity is not remedied within a reasonable period established by the traveler, or the agency refuses to remedy it or requires immediate solution, the traveler may do so themselves and request reimbursement of the necessary expenses for this purpose.
3. When a significant proportion of the trip services cannot be provided as agreed in the contract, the organizing agency or, where applicable, the retail agency, will offer suitable alternative arrangements at no additional cost for the normal continuation of the trip and also when the traveler’s return to the place of departure is not carried out as agreed.
   These alternative arrangements should, if possible, be of equivalent or higher quality, and if they are of lower quality, the organizing agency or, where applicable, the retail agency will apply an appropriate price reduction.
   The traveler may only reject the alternatives offered if they are not comparable to what was agreed in the package tour or if the price reduction is inadequate.
4. When a lack of conformity substantially affects the execution of the trip and the organizing agency or, where applicable, the retail agency has not remedied it within a reasonable period established by the traveler, the traveler may terminate the contract without paying any penalty and request, where appropriate, both a price reduction and compensation for the damages caused, in accordance with the provisions of Clause 22.
5. If it is not possible to find alternative travel arrangements or the traveler rejects them because they are not comparable to what was agreed in the trip or because the price reduction offered is inadequate, the traveler will be entitled to both a price reduction and compensation for damages, without terminating the package travel contract, in accordance with the provisions of Clause 22.
6. In the cases detailed in sections 4 and 5 above, if the package tour includes passenger transport, the organizing agency and, where applicable, the retail agency, will also be obliged to offer repatriation to the traveler in equivalent transport without undue delay and without additional cost.

18. Impossibility of guaranteeing return as foreseen in the contract due to unavoidable and extraordinary circumstances

1. If it is impossible to guarantee the traveler’s return as foreseen in the contract due to unavoidable and extraordinary circumstances, the organizing agency or, where applicable, the retail agency, will assume the cost of the necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveler, unless a different period is established in European passenger rights regulations.
2. The cost limitation established in the previous section will not be applicable to persons with disabilities or reduced mobility (as defined in Clause 1.2 above) nor to their companions, pregnant women, unaccompanied minors, nor to persons with a need for specific medical assistance, if their particular needs have been communicated to the organizing agency or, where applicable, to the retail agency, at least 48 hours before the start of the trip.

19. Traveler’s duty to collaborate in the normal development of the trip

The traveler must follow the instructions provided by the organizing agency, the retailer, or their local representatives for the proper execution of the trip, as well as the regulations that are generally applicable to users of the services included in the package tour. In particular, on group trips, they will show due respect to the other participants and observe conduct that does not prejudice the normal development of the trip.

20. Agency’s duty of assistance

1. The organizing agency and, where applicable, the retail agency, are obliged to provide adequate assistance without undue delay to the traveler in difficulties, especially in the case of extraordinary and unavoidable circumstances.
2. Specifically, this assistance must consist of:
   a) Providing adequate information on health services, local authorities and consular assistance; and
   b) Assisting the traveler to establish remote communications and helping to find alternative arrangements.
3. If the difficulty has been caused intentionally or by negligence of the traveler, the organizing agency and, where applicable, the retail agency, may charge a reasonable surcharge for such assistance to the traveler. This surcharge may not exceed the actual costs incurred by the agency.

e) Contractual liability for defective performance or non-performance

21. Liability of travel agencies.

1. The organizing agency and the retail agency will be liable to the traveler for the correct performance of the travel services included in the contract according to the obligations that correspond to them for their scope of management of the package tour, regardless of whether these services must be executed by themselves or other providers.
2. Notwithstanding the foregoing, the traveler may address claims for non-compliance or defective compliance of the services that make up the package tour indistinctly to the organizing agency or the retail agency, which will be obliged to inform about the existing liability regime, process the claim directly or by referring it to whoever corresponds according to the scope of management, as well as to inform the traveler of the evolution of the same even if it is outside its scope of management.
3. The lack of management of the claim by the retail agency will mean that it must respond jointly and severally with the organizing agency to the traveler for the correct fulfillment of the obligations of the package tour that correspond to the organizing travel agency for its scope of management. Likewise, failure by the organizing agency to handle the claim shall imply that it will be held jointly liable with the retail agency to the traveler for the proper performance of the package obligations corresponding to the retail agency within its scope of management.
   In these cases, it will be up to the retail agency or the organizing agency, as the case may be, to bear the burden of proof that it has acted diligently in the management of the claim and, in any case, that it has initiated the management of the same immediately after its receipt.
4. The travel agency held jointly liable to the traveler for failure to handle the claim shall have the right of recourse against the organizing agency or retail agency to whom the non-performance or improper performance of the contract is attributable, based on their respective scope of management of the package.
5. When an organizing agency or a retail agency pays compensation, depending on its scope of management, grants a price reduction or fulfills the other obligations imposed by this law, it may request compensation from third parties who have contributed to the occurrence of the event that gave rise to the compensation, the price reduction or the fulfillment of other obligations

22. Right to price reduction, compensation and limitations

1. The traveler will be entitled to an appropriate price reduction for any period during which there has been a lack of conformity.
2. The traveler will be entitled to receive adequate compensation from the organizer or, where applicable, from the retailer for any damage or loss suffered as a result of any lack of conformity of the contract.
3. The traveler will not be entitled to compensation for damages if the organizer or, where applicable, the retailer, demonstrates that the lack of conformity is:
   a) Attributable to the traveler;
   b) Attributable to a third party unrelated to the provision of the contracted services and unforeseeable or unavoidable; or,
   c) Due to unavoidable and extraordinary circumstances.
4. When the services of the package travel contract are governed by international conventions, the limitations on the scope or conditions of payment of compensation by the service providers included in the trip will apply to the organizing agencies and retail agencies.
5. Where the performance of the package travel contract is not governed by international conventions: (i) compensation payable by the agency for personal injury or for damage caused intentionally or through negligence may not be contractually limited; and (ii) all other compensation payable by the agencies shall be limited to three times the total price of the package.
6. The compensation or price reduction granted under Royal Legislative Decree 1/2007 and that granted under the international regulations and conventions related in article 165.5 of the same Royal Legislative Decree 1/2007, will be deducted from each other in order to avoid excess compensation.

f) Claims and actions derived from the contract

23. Applicable Law

This package travel contract is governed by the agreement between the parties and by the provisions established in these general conditions, by the applicable current regional regulations, as well as by the provisions of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other supplementary laws.

24. Claims to the agency

1. Without prejudice to the legal actions available to them, the traveler may submit claims in writing regarding the non-performance or improper performance of the contract to the retail agency and/or the organizing agency at the postal and/or email addresses provided by the travel agencies for this purpose.
2. Within a maximum period of 30 days, the agency must answer the claims made in writing.

25. Alternative dispute resolution

1. At any time, the consumer and the agency may seek the mediation of the competent administration or of the bodies that are constituted for this purpose to find by themselves a solution to the conflict that is satisfactory for both parties.
2. The consumer may direct their claims to the competent Consumer Arbitration Board. The dispute may be submitted to arbitration if the agency has previously adhered to the Consumer Arbitration System (in which case the agency shall duly notify the consumer) or if the agency, despite not being a member, accepts the consumer’s request for arbitration.
   Claims involving intoxication, injury, death, or where there are reasonable indications of a criminal offense may not be the subject of consumer arbitration.
   In the event that consumer arbitration takes place, the award issued by the arbitration tribunal designated by the Consumer Arbitration Board shall resolve the submitted claim definitively and shall be binding on both parties.
3. If the organizing agency and/or, where applicable, the retail agency, are adhered to any alternative dispute resolution system or are obliged to do so by any rule or code of conduct, they will inform the traveler of this circumstance before the formalization of the package travel contract.

26. Legal actions

1. If the dispute is not subject to consumer arbitration, the traveler may claim in court.
2. The legal actions derived from the package travel contract prescribe after the passage of two years.