InfoGeneralCruceros(EN)

STANDARD TERMS OF THE PACKAGE TRAVEL CONTRACT

For the purposes of these Standard Terms, the programme/brochure is the informative document to which these terms are subject to.
The programme/offer describes the package contained in the programme/brochure subject of the package travel contract.
The programme/offer information contained within the programme/brochure is binding to the Organizer or retailer, other than in any of the following circumstances:
a) That the changes to that information were clearly notified in writing to the client before entering into the contract and that the possibility of changes was expressly mentioned in the programme/offer.
b) That there are subsequent changes, following a written agreement between the contracting parties.

1. LAWS APPLICABLE TO THE PACKAGE TRAVEL CONTRACT AND ACCEPTANCE OF THE STANDARD TERMS.
These Standard Terms are governed by the provisions of the legislative Royal Decree 1/2007 of November 16, approving the consolidation of the General Client and User Defense Act and other supplementary laws (Official State Gazette 30-11-2007).
The present Standard Terms shall be incorporated, signed by the contracting parties, to all package travel contracts covering the programmes/brochure contained in the programme/brochure and shall be binding to the parties, with the specific terms as agreed between the parties specified in the contract or specified in the travel documents supplied concurrently upon conclusion of the contract.

2. ORGANIZATION.
This package has been organized by PULLMANTUR, CRUISES, S.L., a Wholesale-Retail Travel Agency, with VAT Registration B-84581701, place of business at Mahonia 2, 28043 Madrid, and CICMA License -1878.

3. PRICE.
3.1. The Travel Package price includes:
1. Round-trip transportation, when this service is included in the programme/offer booked, with the type of transportation, characteristics and category established in the contract or in the documents handed to the client upon signing the contract.
2. Accommodations, when this service is included in the programme/offer booked, at the hotel and with the meal plan specified in the contract or in the documents handed to the client upon signing the contract.
3. Hotel fees or taxes and indirect taxes -Value Added Tax (VAT), General Indirect Canary Islands Tax (IGIC), etc.-, where applicable.
4. Travel assistance, when this service is specifically included in the programme/offer booked.
5. All other services and add-ons specifically referred to in the programme/offer booked or expressly included in the package travel contract.

3.2. Price revision.
The travel package price has been calculated based on the exchange rates, transportation costs, cost of fuel and taxes and fees applicable as of the publication date of this brochure.
Any variation in the price of those items may result in an increase or decrease in the amount of the final package price, strictly in the amounts of the aforesaid price variations.
These changes shall be notified to the client in writing or by any other means that will provide proof of such communication. Under no circumstances there shall be an increase in price within twenty days prior to the travel package departure date with respect to bookings already made.

3.3. Special offers.
When the travel package is booked as a result of last-minute or equivalent special offers, at a price differing from the price shown in the programme/brochure, the services covered by the price shall include only those services specified in detail in the special offer, even when such offer refers to any programme described in this brochure, provided that reference is made solely for the purpose of providing general information on the destination.

3.4. Exclusions.
3.4.1. The Travel Package price does not include:
Visas, airport taxes and/or landing and departure fees, vaccination certificates, “extras” such as coffee, wine, spirits, mineral water, special meal plans -not even in the case of full board or half board, unless otherwise expressly agreed in the contract-, laundry and ironing, optional hotel services, and, in general, any other service not expressly referred to in the section titled “The travel package price includes” or not specifically detailed in the programme/offer, in the contract or in the documents handed to the client upon signing the contract.

3.4.2. Excursions or facultative visits.
In the case of excursions or facultative visits not booked at source, it should be kept in mind that they are not part of the package travel contract. They are advertised in the brochure for informative purposes only. Moreover, these excursions shall be independently offered to the client with their specific terms and at their final price, and there will be no assurance that they will take place until they are finally booked.

3.4.3. Gratuities.
The travel package price does not include gratuities, which corresponds to a voluntary contribution solely intended for cruise staff. Before cruise departs, the client will be requested to agree to deliver this contribution at the end of the cruise.

4. METHOD OF PAYMENT, REGISTRATION AND REFUNDS.
Upon booking the travel package, the Agency may ask for an advance deposit that shall at no event be in excess of 40% of the total travel package price amount, issuing the relevant receipt specifying, in addition to the amount paid in advance by the client, the requested travel package.
The balance shall be payable upon the delivery of the travel coupons or documents, which should take place at least seven days prior to the scheduled departure date. Upon failure of payment of the full travel package price on the above terms, the client shall be deemed to have desisted the travel package, and the terms provided in the following section will be applied.
In the event that before the signing of the contract the Organizer shall be unable to provide any of the services requested by the client (including price), the client shall be so advised through the Retail Agency and may withdraw his request, recovering only the amounts paid in advance, if any.
All refunds due for any reason shall be processed at all times through the Retail Agency where the booking was made, and there shall be no refund whatsoever for services available and not used voluntarily by the client.

5. CLIENT WITHDRAWAL, TRANSFER OF PACKAGE TO ANOTHER PERSON AND TRAVEL CANCELLATION WHEN THE NUMBER OF PERSONS REGISTERED IS LESS THAN THE MINIMUM NUMBER REQUIRED.
A client and user may at all times terminate the services requested or booked, and shall be entitled to a refund of the amounts paid, but shall have to compensate the organizer or retailer in the following amounts:
a) In the case of independent/miscellaneous services: All handling costs plus cancellation costs if any should have been incurred.
b) In the case of travel packages: For these purposes and given that the packages contained in this brochure are subject to special contract terms, the handling and cancellation costs shall be the following:
1. Cruises:
- For cancellations made more than 30 days prior to the departure date, cancellation charges will include handling costs amounting to 50 euros per person, if made more than 7 days after the booking confirmation date.
- For cancellations made more than 15 days and less than 31 days prior to the travel package departure date, 33% of the total price (except taxes) will be charged.
- For cancellations made more than 7 and less than 16 days prior to the departure date, 67% of the total price (except taxes) will be charged.
- For cancellations made within the 7 days prior to the departure date, 100% of the total price (except taxes) will be charged.
2. Air transportation and Hotel accommodations:
- Cancellations made less than 30 days prior to the departure date.
- Cancellation expenses pertaining to the hotel, if any.
- 50% of the air fare when the cancellation occurs more than 10 days and less than 30 days before departure date.
- 100% of the air fare when cancellation occurs within the 9 days preceding departure.
A client may transfer the travel package booking to a third party, by making a request in writing fifteen days before the travel package start date, unless the parties agree to a shorter period in the contract.
The transferee shall have to meet the same requirements as the transferor, which are set down generally in the travel package, and they both shall be jointly responsible to the Travel Agency for payment of the total package price and of any justified additional transfer expenses.
In those cases where the Organizer provides and specifies that the viability of the travel package offer shall be conditional to a minimum number of participants and if for any reason that specific number of participants is not achieved and the package is cancelled, the user shall only be entitled to a refund of the total price or of the deposits paid in advance, and will not be entitled to any other compensatory amount whatsoever, provided that the Agency has notified this in writing no less than ten days prior to the scheduled travel package start date.

6. ALTERATIONS.
The Travel Agency agrees to provide its clients with all services included and specified in the programme/offer underlying the package travel contract, subject to the agreed terms, conditions and characteristics, all in accordance with the following:
a) In the event that the Organizer is forced before departure date to significantly change any essential part of the contract, the Organizer must advise the client, either directly, when the Organizer is also acting as a retailer, or through the respective retailer in all other cases.
b) In that event, and unless otherwise agreed by the parties, the client may choose to either terminate the contract without any penalty whatsoever or accept an amendment to the contract specifying the variations introduced and how they will impact the price. The client shall notify the Retailer or, as the case may be, the Organizer of the decision made within three days after being notified of the change referred to in paragraph a).
In the event that the client does not notify the Organizer or Retailer of his/her decision on the above terms, it will be understood that the client has chosen to terminate the contract without any penalty whatsoever.
c) In the event that the client chooses to terminate the contract, pursuant to paragraph b), or
that the Organizer should cancel the travel package before the agreed departure date, for any reason not attributable to the client, the client shall be entitled, forthwith upon termination of the contract, to a refund of all amounts paid under the same or another travel package of the equivalent or higher category, provided that the Organizer or Retailer is able to offer it to the client. In the event that the travel package offered is of a lower category, the Organizer or the Retailer shall refund the price difference to the client, as applicable, considering the amounts theretofore paid under the contract. The client shall avail of this same right when the booking confirmation is not received according to the terms agreed in the contract.
d) In the foregoing events, the Organizer and the Retailer shall be liable for a compensation payment to the client, if any, due to the breach of the contract, which shall be 5% of the total price of the travel package purchased, if the breach occurs between two months and fifteen days preceding the scheduled travel date; 10% if it occurs between fifteen days and three days prior to that date, and 25% in the event that the aforesaid breach occurs within forty-eight hours preceding that date.
e) There will be no obligation to compensate in any of the following situations:
1. When cancellation is based on the fact that the number of persons registered for the travel package is less than the number required and the client is so advised in writing before the deadline set for that purpose in the contract.
2. When cancellation of the package, other than in the event of overbooking, is based on the grounds of force majeure, taking that to be unusual and unforeseeable circumstances beyond the control of the party pleading the same, the consequences of which could not have been avoided even if all due care had been exercised.
f) In the event that, after departure, the Organizer for any reason can’t provide or realize a significant portion of the services specified in the contract, the Organizer shall make suitable arrangements for the continuation of the travel package, at no price increase for the client, and shall pay to the client the amount, if any, of the difference between the scheduled services and those supplied.
If the client accepts the travel package with the arrangements made by the Organizer, then the client shall be deemed to have tacitly accepted those changes and proposals.
g) If the arrangements proposed by the Organizer can’t be made or are not accepted by the client for valid reasons, the Organizer shall provide the client, at no price increase for the client, with means of transportation equivalent to the means used in the travel package to return to the point of departure or elsewhere as agreed by both of them, notwithstanding any compensation due.
h) In the event of a claim, the retailer or, as the case may be, the Organizer shall make diligent efforts to find appropriate solutions.
i) The Organizer shall at no event be liable for whatever is not included in the package travel contract (namely, for instance, transportation from the passenger’s place of origin to the point of departure of the travel package, or vice versa, hotel reservations for the days before or after the travel package, etc.), and there shall be no obligation to compensate such expenses, if any, for independent services if the travel package should be cancelled on the grounds for which provision is made in paragraph e).

7. CLIENT’S OBLIGATION TO COMMUNICATE ANY FAILURE IN THE EXECUTION OF THE CONTRACT.
The client is obliged to communicate any failure in the performance of the contract -preferably “in situ” (on site) or, otherwise, at the earliest opportunity- in writing or in any other appropriate form, to the Organizer or to the retailer and, as the case may be, to the relevant service provider.
In the event that the arrangements made by the Agency -Organizer or Retailer- are not satisfactory to the client, the client shall have one month to make a claim to the Retail Agency or the Organizer, at all events through the Agency.

8. LIMITATION OF ACTIONS.
Notwithstanding the provisions of the preceding section, the limitation period for actions deriving from the rights vested under Legislative Royal Decree 1/2007 shall be two years, as established in Article 163 of Book IV of the aforesaid Legislative Royal Decree.

9. LIABILITY.
9.1. General.
The Organizing Travel Agency and the Retailer ultimately selling the travel package shall be liable to the client, in regards to the obligations they each have to the extent they manage the travel package, for the proper executions of the obligations arising from the contract, regardless of whether the same must be performed by them or by other service providers, and notwithstanding the Organizers’ and Retailers’ right to take action against those service providers. The Organizer states that it accepts the organization and performance functions of the travel package.

The Organizers and Retailers of the travel package shall be liable for damages sustained by the client as a result of a failure in or faulty performance of the contract. That liability shall cease upon any of the following circumstances occurring:
1. Where the client is at fault for the failures observed in the performance of the contract.
2. Where those failures are attributable to a third party unrelated to the supply of the services provided for in the contract and are unforeseeable or unavoidable.
3. Where the aforementioned failures are due to reasons of force majeure, taking those to be unusual and unforeseeable circumstances beyond the control of the party pleading the same, the consequences of which could not have been avoided even if all due care had been exercised.
4. Where the failures are due to an event that the Retailer or, as the case may be, the Organizer, even with all due care, could not foresee or forestall.
Nevertheless, in events in which liability is excluded upon the occurrence of any of the circumstances provided for, in points 2, 3 and 4 above, the Organizer and the retailer parties of the package travel contract shall be bound to give all necessary assistance to the client in difficulty.

9.2. Limits in the compensation for damages.
The compensatory limit for damages resulting from a failure in or faulty performance of the services included in the travel package shall be governed by the provisions of the laws in force and applicable on the subject. In the matter of damages other than personal injury, the same must always be proved by the client. The Agency shall in no circumstance accept any liability for accommodation, maintenance, transportation and other expenses originating from any causes related to force majeure.
Where motor coaches, vans, limousines and the like are directly or indirectly hired by the Organizing Agency to be used for the travel package, in case of accident, in any country whatsoever, the client shall have to submit the relevant claim against the transportation carrier in order to safeguard, as the case may be, the carrier’s insurance indemnity, and shall be assisted and counseled at no cost in so doing by the Organizing Agency.

10. LIMITATIONS OF THE TRAVEL PACKAGE SERVICES.
10.1. Air travel. Check-in at the Airport.
In regards to air travel, the client should arrive at the airport no less than one hour and a half prior to the official departure time, and, in any case, strictly follow the specific recommendations detailed in the travel documents provided when the contract was issued.
In booking specific services, the client is advised to reconfirm the flight departure time at least forty-eight hours in advance.

10.2. Hotels.
10.2.1. General.
The quality and services provided by the hotel shall be determined by the official tourist category, if any, assigned by the competent body in the relevant country. Hotel categories in countries with no official regulatory body have been assigned on the basis of standards set by the relevant hotel chains or Pullmantur according to their services or facilities.
Given the applicable laws in force on the subject, providing exclusively for the existence of single and double rooms allowing a third bed to be provided in some double rooms, it shall be considered at all times that the use of the third bed shall be made with the awareness and consent of the persons using the room. Triple rooms in the hotels advertised in this brochure may consist of two double beds, or two beds and a sofa bed. This shall be tacitly considered because the client shall have been so advised beforehand, and because the room is shown as a triple room on all the booking forms provided to the client upon the advance payment being made, in the contract and the tickets and/or travel documents delivered concurrently upon the contract being signed.
The same is the case of double rooms to be used by up to four persons, with two beds, when it is specified in the programme/brochure offer.
The usual hotel arrival and departure times shall depend on the first and last service to be provided to the user. As a general rule and unless otherwise expressly agreed in the contract, the rooms may be available from 2 pm on the arrival date and shall be cleared by 12 noon on the departure date.
When the service purchased does not include the permanent company of a guide and in the event that the user expects to arrive at the hotel or apartment booked on dates or at times other than as above, that circumstance should usefully be communicated as soon as possible, in order to avoid problems and misunderstandings, to the Organizing Agency, or directly to the hotel or the apartments, as the case may be.
Similarly, the Agency shall be asked, upon making the reservation, whether pets may be taken on the trip, for they are generally not allowed in hotels and apartments. In the event that confirmation is received that pets are allowed, this circumstance shall be specified in the contract. The accommodation service shall imply that the room will be available on the relevant night, and the service shall be taken to have been provided even if the arrival time is later than what was initially set, due to circumstances of the actual travel package.

10.2.2. Other Services.
For flights arriving at the destination after 12 noon, the first hotel service, when included in the programme/brochure offer, shall be dinner. Similarly, for flights arriving at destination after
7 pm, the first hotel service shall be the accommodation.
A flight shall be taken to be at all times a direct flight where the only documentary support is a single flight coupon, irrespective of whether the flight makes any technical stop.

10.2.3. Supplementary Services.
When the client requests a supplementary service/feature (for instance, an ocean-view room, etc.) that cannot be definitively confirmed by the Organizing Agency, the client may choose to renounce the supplementary service requested for good or keep the request in place in expectation of those services ultimately being provided.
In the event of the parties agreeing prepayment of the price for supplementary services that may not ultimately be provided, the amount paid shall be refunded by the Retail Agency forthwith upon the client renouncing the service or upon the client returning from the holiday, depending on whether the user shall have chosen to waive provision of the supplementary service requested or to maintain the request.

10.3. Special economic terms for children.
Given the different treatments applicable to children, depending on their age, the service provider and travel date, it is recommended that information be requested as to the scope of the special terms prevailing and which shall from time to time be specifically reported in detail and shall be specified in the contract or the travel documents delivered upon the contract being signed. They shall generally apply to accommodations, provided that the child shares the room with two adults.
In reference to stays abroad by minors, the information duly provided in each case and the provisions if any in the contract or the travel documents delivered upon the contract being signed shall govern.

10.4. Optional excursions.
Excursions that are considered to be optional or facultative, not specified as included in the itinerary, are advertised exclusively for the purpose of information and guidance, and may only be booked and purchased at the destination. The organization of these visits and excursions depend on local providers to whom we are not contractually bound, and therefore Pullmantur shall accept no liability whatsoever for the failure to provide the excursion, for changes or modifications to itineraries or potential shortcomings, and for any damage to property or personal injury that may fortuitously and unforeseeably be caused by any accident or incident while the same are under way. Given the different means of transportation used, before making your booking, we recommend that you carefully read the insurance coverage plans provided by the different local companies, which are the only ones responsible for organizing and providing these services.

10.5. Cruises.
10.5.1 General.
The information on itineraries, arrival and departure times, dates, name of ship, etc. is subject to possible changes, therefore any alteration or change shall be communicated to the interested party and shall not be considered to be misleading advertising. Pursuant to international maritime laws, where circumstances or reasons of force majeure so require or advise, shipping companies may alter the order of stopovers during the cruise, cancel any of these, modify the berthing time, change the ship for another one of similar standing, etc. Whenever these changes occur before the travel package start date, the passenger shall be advised and will be entitled to a total refund of any payment made, other than handling costs, but shall not be entitled to any compensation whatsoever. Land excursions and visits are optional and their cost has not been included in the price of the fare, the organization of these visits/tours depend on local providers unrelated to the Wholesale Agency and the Shipping Companies and will not be liable if for any reason they do not take place or their content is changed. All ships feature a limited number of staterooms for disabled individuals and not all areas and installations onboard are wheelchair-accessible or have been equipped specifically for disabled persons. Therefore, reservations for disabled individuals will be accepted according to the room limitations, and if necessary, we will make every effort to set-up the stateroom in a way that a travel companion will be able to assist the disabled person during the trip. The Organizer has no obligation or responsibility in regards to the availability of special onboard or land programs for disabled individuals and shall not be responsible in regards to the difficulty or impossibility that disabled individuals may encounter when making use of the services and activities included in the travel package.

10.5.2 Captain’s Faculties
According to the regulations and International Treaties, the Captain of the ship enjoys absolute command. He has all the rights to assist and tug other ships; go off course from the designated route; make stops at any port; transfer passengers and luggage to another ship; decline the boarding of any individual whose health conditions, according to his judgment, are inadequate for travel; disembark during the cruise any person whose health conditions, according to his judgment, will not allowed for the continuation of the cruise or in general any person who represents a danger to the security of the ship and/or its passengers. All passengers will be subject to the Captain’s authority, specially to everything related to the security of the ship or navigation at sea.

11. PASSPORTS, VISAS AND DOCUMENTATION.
All users, without exception (including children) must take with them valid personal and family documents, be that a passport or a National Identity Document, depending on the laws of the country or countries to be visited. Where travel packages so require, it shall be their responsibility to obtain visas, passports, vaccination certificates, etc. In the event that any Authority should refuse to grant visas, for the user’s own reasons, or should the entry into the country be refused due to the failure to satisfy the set requirements, or due to a defect in the papers required, or because they are not available, the Organizing Agency shall refuse any liability in the occurrence of such events, and the client shall bear any ensuing expense. In such events, the terms and rules established for cases of voluntary withdrawal from services shall apply. All users, in particular those who are not Spanish nationals, are also reminded that to avoid any issues they must make sure before the travel date that they satisfy all the applicable rules and requirements in regard to visas in order to be able to enter all the countries to be visited. Those who are under the age of 18 shall carry with them a written permission signed by their parents or guardians, in expectation of the same being requested by any authority.

12. ARBITRATION CLAUSE.
The Organizer expressly declares that it shall not submit to the courts of arbitration for carriers in any matter arising from the existence of this contract.

13. INFORMATION THAT THE RETAIL AGENCY MUST PROVIDE TO THE CLIENT.
The client is advised that upon confirmation of the booking, he or she should receive from the Retail Agency the relevant information on the specific papers required for the chosen travel package, and advice as to the optional inclusion of insurance coverage including the cost of cancellation and/or assistance insurance covering the cost of repatriation in the event of accident, illness or death; and information on likely risks in regards to destination and the travel package booked, in fulfillment of Legislative Royal Decree 1/2007. The destinations included in this brochure may in determined months of the year be subject to hurricanes. In this regard, the client is strongly advised to contact the Ministry of Foreign Affairs, whose information bureau provides specific recommendations by destination, either online (http://www.mae.es) or by any other means.

14. OTHER SUPPLEMENTARY INFORMATION.
14.1. Luggage.
In every respect, and insofar as transportation by land is concerned, it shall be deemed that the user’s luggage and other personal belongings remain with the user, no matter where they are arranged in the vehicle, and that they are carried at the user’s risk and expense. Users are advised to be present at all baggage loading and unloading operations. Insofar as transportation of baggage by air, rail, sea or river is concerned, the carriers’ terms shall apply, and the travel ticket shall be the binding document between those carriers and the passenger. In the event of any damage or loss, the client shall duly lodge on the spot a claim with the Carrier. The Organizing Agency agrees to duly assist clients who may be affected by any such circumstances. The client shall, at no cost under the travel package, benefit from a policy having regard to the travel destination, covering robbery using violence or intimidation on people or use of force on property, in respect of the client’s luggage, as well as loss and theft, when that is established by means of a report to the competent authorities, or damages to the same as a result of any accident whatsoever to or fire in the means of transport. In case of robbery, loss or theft of or damages to the luggage in the circumstances described above, the client agrees to notify the same, within the period of no more than fifteen days, directly to the Insurer’s head office, enclosing a document proving that a report was lodged with the competent authority or proving the occurrence, as the case may be, together with a estimate of the stolen or damaged goods. That deadline shall start to be reckoned from the date on which the client is back in Spain. The insurance cover shall expressly exclude jewelry or works of art, cash or the like, pictures, audio, computer and radio equipment, any type of documents, movie films and radio or video cassettes or tapes, and, in general, all such items that do not constitute the insured’s luggage.

15. FUEL SUPPLEMENTS CHARGES.

CRUISE	SUPPLEMENT
Antilles and Grenadines, Mediterranean Breezes, Mediterranean Jewels	$149
Rondó Veneciano, Greek Isles and Turkey	$219
Baltic Capitals	$235
Atlantic Pearls	$55