A) General conditions for combined tours
1. Request for reservation
A customer wishing to order a combined tour must make a request for reservation. Following this request, venivinum retail or venivinum organiser undertakes to take steps to confirm the reservation, depending on the number of places available and the dates requested.
2. Confirmation of reservation
The travel contract for a combined tour is concluded when payment for the reservation is confirmed. From that moment, the contract for the combined tour is binding on both parties.
B) RULES APPLICABLE TO COMBINED TOUR SERVICES
The services constituting the combined travel contract derive from the information provided by the Customer on the website or application where tours are offered, as well as from any instructions or relevant information given when confirming a reservation.
However, venivinum organiser reserves the option to modify the information provided on its website or on mobile applications where tours are offered before the contract is concluded. In order for these modifications to be valid, changes to this information should be clearly communicated to the Customer in writing.
The Customer must arrive at the agreed departure point at the time indicated by venivinum or that given on the website or mobile application where tours are offered.
If the Customer is unable to attend the tour due to not arriving at the specified time, the procedures set out in paragraph 9 on no-show at departure, or those in paragraph 10 on customer cancellation will apply.
Loss or damage to hand luggage or any other belongings brought and carried by the Customer is entirely under their own responsibility and at their own risk.
5. Other services
1. The accommodation of special dietary requirements (vegetarian or other diets) can only be guaranteed when agreed on by both parties and under specific conditions.
C) RIGHTS OF THE PARTIES BEFORE TOUR DEPARTURE
6. Modification of the contract
1. If at any time prior to departure the Customer wishes to request changes to the agreed destination(s), means of transport, dates or travel itinerary, or to any other element of the services, and venivinum is able to make those changes, additional payment may be charged to cover costs incurred by these changes, as well as an additional charge for modifications to the contract, which may not exceed 3% of the total cost of the journey.
2. Prior to departure, venivinum may only make those changes necessary to the smooth operation of the combined tour and none that are significant. Necessary changes are considered significant if they prevent the successful completion of the tour, according to its general or specific characteristics.
3. In the event that venivinum is forced to make significant changes, it will immediately inform the Customer, who may choose to accept the changes to the contract, which must detail the changes made and any effect on the price, or terminate the contract. The Customer must communicate their decision to venivinum in the three days following notification of the changes. If the Customer does not communicate their decision within the given time, it will be assumed that they have chosen to terminate the contract.
7. Customer rights in the case of termination
1. In the event that the customer chooses to terminate the contract, according to the above paragraphs, they may choose:
a) to be reimbursed the entire amount paid within a maximum period of one month.
b) to receive, in as far as venivinum is able to provide it, a combined tour of equivalent or higher quality. If the tour offered is of higher quality, venivinum will not ask for any additional payment. The Customer may also accept the provision of a lower quality tour, but in that case venivinum will reimburse the price difference.
2. In both cases, the Customer has the right to claim the cancellation compensation provided for in paragraph 14 and in the definitions.
8. Transfer of reservation
1. The customer may transfer their reservation to a person that meets the conditions set out on the website or on any mobile application offering the tours and in the contract for the combined tour.
2. This transfer may be communicated to venivinum via any means and will be free when carried out at least fifteen days prior to the first date of travel. If a customer wishes to communicate a transfer following that period, and if venivinum agrees to accept it, the Company may require the Customer to pay a transfer fee that must not exceed 3% of the total cost of the journey.
3. In any case, the Customer and the person to whom the reservation is transferred are required to pay venivinum any outstanding costs, as well as any justified additional costs incurred by the transfer.
9. The Customer’s right to cancel
1. The Customer has the right to cancel the agreed tour at any moment prior to departure. However, if cancellation occurs less than 15 days prior to departure, they must pay a penalty that varies according to the time remaining before departure, which is:
a) 50% of the price of the tour if cancellation occurs between 10 and 16 days prior to departure.
b) 75% of the price of the tour if cancellation occurs between 5 and 10 days prior to departure.
c) 100% of the price of the tour if cancellation occurs less than 4 days prior to departure.
2. The Customer will not be required to pay a penalty if cancellation occurs for reasons of force majeure. In this instance, reasons of force majeure would be the death, accident or serious illness of the Customer or of anyone with whom they live or have similar ties, that would prevent them from participating in the tour.
3. In any case, the Customer must pay the administrative costs of cancellation.
4. Cancellation becomes effective from the moment that the Customer makes their wish to cancel known to venivinum.
5. Once their wish to cancel is made known, venivinum will reimburse the Customer the amounts paid within one month. Penalties and cancellation fees are set out on the website or mobile application where tours are offered, relating to this journey, or in the specific conditions agreed in the contract.
10. Cancellation of the journey by the Organiser
1. The cancellation of the tour for any reason not attributable to the Customer, gives the Customer the right to terminate the contract, according to the rights set out in paragraph 7.
2. Compensation is not required when the journey is cancelled for reasons of force majeure. In this instance, reasons of force majeure include any abnormal or unpredictable circumstances beyond the control of venivinum, the consequences of which were inevitable, despite all care being taken.
11. No-show at departure
1. If the Customer does not communicate their wish not to participate in the tour and is not present at the departure point at the agreed time, it will be considered a no-show at departure. In this case, they lose their right to claim a reimbursement of any amounts paid, as set out in paragraph 9.
2. However, if the Customer is not present due to reasons of force majeure, the Customer has the right to claim reimbursement of any amounts paid, minus administrative and cancellation fees. In this instance, reasons of force majeure would be the death, accident or serious illness of the Customer or of anyone with whom they live or have similar ties, that would prevent them from participating in the tour, as long as this is communicated to venivinum prior to departure.
D) RIGHTS AND RESPONSIBILITIES OF THE PARTIES DURING THE JOURNEY
12. Inability of the Organiser to provide a significant proportion of the services offered.
1. Venivinum must adopt adequate solutions to enable the journey to continue if, once underway, it does not provide, or realises it cannot provide a significant proportion of the services outlined in the contract. Services that constitute a significant proportion are those that prevent the normal performance of the journey and due to which it would be unreasonable to expect the Customer to continue the journey in those circumstances.
2. Venivinum may not demand any additional payment for any solutions adopted for the continuation of the journey and will reimburse the Customer the difference between the services offered and those provided.
3. If the Customer expressly or tacitly accepts the solutions offered by venivinum, they forfeit their right to compensation for these changes. Tacit acceptance is considered to be given if the Customer continues the journey with the solutions offered by the Organiser.
4. If the solutions adopted by the Organiser are not viable, or the Customer does not accept them for justifiable reasons, venivinum must:
a) Provide them with a means of transport that is equivalent to the one agreed to for the journey, to transport them back to the departure point or to any other location agreed to by both parties.
b) Reimburse amounts paid, minus the value of the services provided until the tour was terminated, except if the reason for discontinuing the tour is attributable to the Customer.
c) Pay the necessary compensation.
13. Cancellation by the Customer during the tour
1. The Customer has the right to cancel the combined tour once it has begun, but they may not claim reimbursement of amounts paid, and must pay any outstanding amounts.
2. If cancellation is caused by the Customer suffering an accident or illness that prevents them from continuing with the journey, venivinum must provide any assistance necessary and, where necessary, refund the price difference between services offered and provided, minus appropriate and duly justified cancellation fees.
3. In both cases, all additional costs incurred by cancellation, particularly those related to transporting the Customer to a safe place, will be the responsibility of venivinum.
14. Responsibilities of the Customer to cooperate with the smooth running of the tour.
1. The Customer must follow the instructions given by venivinum for the smooth running of the tour, as well as the general regulations applicable to all service users, including on the combined tour. In particular, during group tours the Customer will exercise due respect for other participants and will behave in a way that does not hinder the smooth running of the journey.
2. Serious infringement of these conditions gives venivinum the right to terminate the contract of the combined tour. In this case, venivinum will provide the Customer with a means of transport equivalent to that agreed in the contract to return to the departure point, or any other location agreed on by both parties. Furthermore, venivinum will have the right to be paid for any costs arising from damage caused by the Customer’s behaviour.
E. CONTRACTUAL LIABILITY FOR INADEQUATE FULFILMENT OR NON-FULFILMENT
15. Distribution of liability
1. Venivinum will be liable to the Customer for correct fulfilment of the combined tour contract, according to their obligations and competences in managing the combined tour.
2. Venivinum will be liable to the Customer, whether it provides the services included in the combined tour itself, or if those services are provided by subsidiaries or other service providers.
3. Venivinum, as Organiser of the combined tour, is liable for any damage caused to the Customer by the non-provision or inadequate provision of the services included in the combined tour, as well as for damage resulting from non-fulfilment of any other obligation or competence incumbent upon them under applicable legislation.
4. Venivinum, as the Vendor, is liable for any damage caused to the Customer due to any errors made in informing them about the combined tour, omission of any information that should have been provided, non-provision of the documentation necessary for the correct running of the journey, and in general, due to non-fulfilment of any other obligation or competences incumbent upon them under applicable legislation.
16. Causes for exemption from liability
Venivinum is exempt from liability under the following circumstances:
1. When circumstances of non-fulfilment of the contract are attributable to the Customer;
2. When those circumstances are attributable to a third party, outside of the service provision described in the contract, and where those circumstances are unpredictable or unavoidable;
3. When those circumstances are caused by force majeure, meaning unusual and unpredictable circumstances outside of the control of the parties, the consequences of which were unavoidable, despite all care being taken;
4. When those instances are caused by an event that venivinum, despite all care being taken, could neither predict nor avoid.
17. The Customer’s responsibility to minimise damage
In all cases, the Customer has the obligation to take appropriate, reasonable measures to try to minimise any damage resulting from non-fulfilment or inadequate fulfilment of the contract, or to prevent them from worsening. The Customer is liable for any damage resulting from not taking these measures.
18. Venivinum’s duty to assist
1. The Organiser, venivinum, despite being exempt from liability, remains under the obligation to provide the necessary assistance to any Customer in difficulty.
2. No duty to assist will exist under the circumstances described in the previous paragraph, in which damage caused during performance of the contract is attributable exclusively to the Customer’s deliberate or neglectful behaviour.
19. Information regarding provisions applicable to passports, visas and vaccinations.
1. The Customer must obtain the documentation necessary to undertake the journey, including passport, visa and health requirements. The Customer is liable for any damage resulting from the absence of this documentation and, in particular, any expense incurred by the interruption of the tour and potential repatriation.
20. Liability for services not included in the combined tour.
1. Rules relating to contractual liability for the combined tour shall not apply to services such as the organisation of excursions, attending sporting or cultural events, visits to exhibitions or museums, or similar services not included in the overall price of the combined tour and that the Customer reserves as an optional activity either during, before or after the tour.
2. In this case, venivinum must communicate the optional nature of the service to the Customer, as well as the fact that it is not included in the combined tour.
3. If venivinum is involved in outsourcing these services, it is bound by the rules set out in the contract agreed on with the supplier.
F. COMPLAINTS AND LEGAL PROCEEDINGS DERIVING FROM THE CONTRACT
21. Applicable law
This combined tour contract is governed by the agreement between the parties and the terms set out in these General Conditions, regional laws in force in the location where the contract is performed and, where that does not exist, by the provisions of Spanish Royal Decree 1/2007, of 16th November, by which the recast text of the General Law on Consumer Protection and Users is approved, as well as other related provisions.
22. Complaints to venivinum
1. Without prejudice to any of the legal proceedings involving them, the Customer may lodge a written complaint relating to venivinum’s non-fulfilment or inadequate fulfilment of the contract within 30 days of the journey’s planned end date.
2. Within a further 30 days, venivinum, according to its obligations and competences relating to the organised tour, must reply in writing to the complaints lodged.
3. During this period, both the Customer and venivinum may make a request for mediation to any competent administration or to any bodies established for that purpose, in order to find a mutually agreeable solution to the dispute.
4. If the dispute is not settled by a complaint to venivinum, the Customer may apply to an Arbitration System Governing Consumer Affairs, if venivinum has subscribed to one, or, in any case, make a legal claim under Spanish law, as described in the General Terms and Conditions.
23. Consumer Arbitration
1. If a complaint is directed at venivinum and the Organiser has previously adhered to the Arbitration System Governing Consumer Affairs, the Customer may direct its claim to the Arbitration Council for Consumer Affairs of Catalonia, which is the authority competent in the location where the contract is performed, or to whichever organisation venivinum subscribes to, within a maximum of 3 months from the journey’s planned end date.
2. Any complaints involving intoxication, injury, death, or where there are reasonable grounds to suspect a crime, may not be dealt with via consumer arbitration.
3. Unless otherwise stated in the published conditions for subscription to an Arbitration System Governing Consumer Affairs, arbitration will be based on law, and the arbitration procedure governed by the provisions of Royal Decree 231/2008, of the 15th February. It will be limited to claims for an amount less than €1000 per person and a maximum total of €5000 per claim.
4. The award given by the Court of Arbitration designated by the Catalan Council for Consumer Affairs will permanently resolve the claim brought and will be binding on both parties.
24. Legal Proceedings
1. If the dispute is not submitted to consumer arbitration, the Customer may initiate legal proceedings through the courts of the place in which the contract is performed, in this case, those of the city of Barcelona.
2. The Customer may only be taken to court in the place in which the contract is performed, in this case the city of Barcelona.
3. Legal proceedings derived from the combined tour contract have a statute of limitations of 2 years from the planned end date of the journey.
Venivinum, VAT no H40526731, registered business address Carrer Camí Antic de València, 2. Pral. 1a, 08005 Barcelona.