YAMADVENTURES

General contract terms.

Tourist package notion

Viatges Martí S.L. Calle Pompeu Fabra, 9 - 08240 Manresa CIF B-60131307. GC-498 -. is a travel organizer, as well as holidays and all inclusive touristic trips which are commercialized directly or via sellers. The notion of travel package is defined from the art. 2, comma1, DLT 111/95, which declares the following: "travel packages have as objects travels, holidays, and the all-inclusive tours, resulting from the combination of at least two of the following elements, sold or offered on sale with a lump price, and with a duration more than that of 24 hours or for a duration which extends to a period of time that includes one overnight:

Normative sources

The deed of sale of the travel package is ruled, by this general terms, by the clauses indicated on the travel documentation delivered to the client and for what not forsaken, by the unbreakable actual normative and in particular by the law n. 1084 of 27/12/1977 about ratification and execution of the International Convention on Travel Contracts, signed in Brussels on the 23rd of October 1970, and besides by the DLT 111/95, which gives accomplishment to the n. 90/314/CEE of the 13th of June 1990 Council, regarding travels, holidays and the all-inclusive tours which declares the following, as a protection of the costumer:

• The organizer and the seller of the travel package must have the administrative authorization for the execution of their activity;
• The costumer has the right to receive a copy of the sales contract of the travel package (art. 6, DLT 111/95), as necessary to document and beneficiate the eventual access to the Warranty Funds on which the art.18 of the herein general contract conditions.
  

Mandatory information

The organizer publishes, in a catalogue or in the off-catalogue program, a technical descriptive document, which will contain the following elements:

• terms of the administrative authorization of the organizer;
• terms of the insurance policy for the civil responsibility;
• validity period of the catalogue or the off-catalogue program;
• reference change in terms of value or day adjustments;

Reservations

The sales contract of the travel package is written in clear and simple terms. The customer receives a copy of the contract, undersigned and stamped by the organizer or the seller.
The information regarding the travel package that is not found in the contract documents, or in the brochures, or in the communication tools, are provided by the Organizer in a timely manner before the beginning of the trip.

Payment

In the process of reserving the travel package, a deposit must be paid equal to 40% of the full participation fee. The deposit must be done no less than 30 days preceding the intended departure date. In case of a reservation after the above mentioned time period the payment due will be in its totality in order to make a reservation.

Cancellation clause

The non respecting of the terms and the payment methods described in the contracts' general conditions constitutes a cancellation clause that gives to the right to Viatges Martí S.L to cancel the contract and to require the refund of eventual damages.

Price change

The stay and travel fees are determined based on the catalogue and on the off-catalogue program, they can be raised until the twenty first day before the departure date, only as a consequence of the variation of transports fees, including gasoline price, duty fees on certain services, such as, landing fees, in the airports or ports, and exchange fees applied to the all-inclusive services.
In case of a price increase of more than that of 10% of the full trip cost, it is the right of the costumer to accept the increase of the price increase or cancel the contract, upon communication by registered mail to Viatges Martí S.L within 8 days after the communication of the new price. In such cases, the costumer can decide to take advantage of the whole refund of what has already been paid or use another service with the same value or a superior value, which would in case be offered.

The price indicated cannot, in any case, be changed within twenty days preceding the departure date.

Cancellation by the costumer

a) The costumer can cancel the contract without paying a penalty: In case of a price increase of more than 10% of the original amount, in case of a significant change applied before the departure date by the organizer or by the seller, not approved by the costumer, which involves one or more essential elements of the contract and therefore considered fundamental, in order to use the travel package. In the listed options, the costumer has also the right to choose between: another travel package, of equal or superior value and at no extra price or in other words, a less valuable travel package but with the refund of the difference in price or also demand, within seven working days from the cancellation or cancellation moment, the refund of the money already paid. The choice will have to be communicated from the customer within the unchangeable deadline of two working days from the receiving of the communication regarding the price change, without return communication the change would be considered accepted;

b) Excluding the cancellation hypothesis legalized by the DLT 111/95, to which we refer to, in other circumstances of travel package cancellation, the customer is anyway obliged to pay the registration fee and the balance for the cancellation as follows:

c)
• 40% until thirty working days preceding the established departure date;
• 60% from twenty-one working days preceding the established departure date;

Beyond these terms, no refund is due to the customer, even if the missed departure is due to the lack of or imprecision of the necessary personal documents or in the case of cancellation during the program or stay.

Changes on the contract terms

• In the case, before the departure, the travel package is cancelled for any reason, excluding the customer responsibility, in other words in case the organizer or the seller communicate to the customer significant changes of one or more essential elements of the contract, the customer can, if refusing the new proposal, cancel the contract without paying any penalty, taking advantage of the alternatives foreseen by the art. 8, letter a) of the herein contract terms.
• The organizer will be able to, in presence of reasonable causes, introduce variations of the program as long as the offered services are not objectively inferior to the original ones (e.g. accommodation in a different hotel but of no inferior quality of the one indicated on the program).
• In the case in which, after the departure, the organizer is not able to provide an essential part of the agreed services, unless the impossibility derives from a cause from the customer, from a third party, by accidental case, or unforeseen forces, the organizer, when possible, can propose suitable alternative solutions for the continuation of the programmed trip without any further costs at the customer's expense, or he can refund the latter with the difference between the services originally planned and the ones executed, excluding the damages refunds. When no alternative solutions are possible, and the customer does not agree with the alternative solution proposed, justifying his or her decision with serious and objective reasons, the organizer provides an equal value means of transport for the going back to the departure place or to other place eventually planned, without any further costs at the customer's expense and refunding the difference between the planned services and the executed ones.
• If the organizer or the seller cancelled the package for the non-attainment of the minimum amount of participants, stated by the contract, which is communicated twenty days before the departure, the costumer has the right to the alternatives described in art. 8, letter a) of the herein contract general terms.
  

Replacement

The customer can, before the departure, replace himself or others, giving the travel contract to whomever fits for the requirements of the specific and general terms and as long as he/she communicates in writing to the organizer or seller, within four working days before the departure date, that he/she finds himself/herself in the impossibility to participate in the trip, and furthermore the complete required information of the person who would replace him/her (excluding the flight tickets, where the name of the traveler cannot be changed after the ticket has been issued). The customer who renounces the trip, will have, in any case, to pay the registration fee, if foreseen. The person who renounces and the cessionary are obligated towards the organizer or seller to pay the amount and for the further extras for the cession.

Organizer's responsibility

a) Refunds to a person deriving from the non-fulfillment or from the wrongful execution of a tourist service is refundable within the limits of the rules contained in the international conventions that regulate this subject and to which the European Community belongs to. The right of refund is foreseen in three years after the return date of the traveler, except the term of eighteen or twelve months for the non-fulfillment of transport services included in the package, for which we refer to the art. 2951 c.c., which regulates the ordinance in the subject of transport and shipping.

b) The contracting parties can agree, in a writing, on limits for the refund, different from the one to the person, deriving from the non-fulfillment or from the wrong execution of the services which are the subject to the travel package, within the limits of the art. 13 of the Brussels Convention of the 13th of April 1970 (CCV), which became executable with the Law of 29th December 1977, n.1084 and subsequent eventual changes, excluding what is foreseen in the art. 1341, comma 2, c.c. The right of refund for damages is valid in a year from the return of the traveler in the place of the departure.

Responsibility exemption

The organizer or seller are not considered responsible for the non execution of the contract caused by customer, third party, or unforeseen forces.
The organizer or seller, who refunded the customer, are replaced in all the latter's rights and actions towards third party responsibility. The customer is required to communicate to the organizer or seller all the documentation, information and elements in order to facilitate the right of replacement.

Assistance duty

The organizer is required to give assistance to the traveler according to the standards of common professional care and by respecting the obligations dictated by the contract.

Complaints

Every deficiency in the execution of the contract must be reported by the customer with no delay, so that the organizer can find a solution to the problem. Possible complaints can be reported by registered mail, within and not over ten working days from the date of the return. When the complaints are reported in the place of execution of the tourist services, the organizer is obliged to give the customer the required assistance, within the limits of the above art. 13 of the herein general terms, in order to find a prompt and adequate solution. The traveler has no right to ask for a refund for lost money, high economic valued objects and other goods unless he/she had reported them and consequently insured them with the organizer

Optional insurance

If they are not clearly included in the price, in the act of making a reservation it is possible, and recommended, to arrange for supplemental policies that insure the expenses of the possible cancellation of the trip, injuries and/or lost luggage. It is furthermore possible to arrange insurance policies and contracts in case of accidents and diseases, which cover the return part of the trip expenses.

Hotels classification

Both the hotels and the tourist residences are classified according to standards established from the Region based on acts of address coordination of the Government foreseen by the law L 30.05.1995, n. 203. In absence of official classification, recognized by the proper public authorities, it is established by the organizer based on its own evaluation criteria and on the quality standards.

Warranty fund

To allow receiving of a refund, in case of insolvency or bankrupt circumstances of the organizer or the seller, of the price paid and the return for the customer in case of abroad trips, and also to provide an immediate economic resource, in case of a forced return of the customer from extra communitarian countries, in case of emergencies, due to the organizer or not, it is established as a national warranty fund receivable at the Prime Minister Council Office.

Competent court

For any possible dispute reflecting the relations regulated by the herein contract, the Manresa (Barcelona) Court is the exclusive competent court.