1 – Identification data:
In accordance with the provisions of article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, we then inform the user that the owner of this website www.10ktours.comes 10K TOURS SL with NIF B44790616, with registered office in GTA. De Quevedo, 9, 5th, 28015 Madrid has the CICMA 4096 tourism license with contact telephone number 0034 611 411 136 and contact email info@10ktours.com
For the opportune purposes, it is stated that, due to territoriality, the competence in tourism matters corresponds to the Autonomous Community of Madrid, as the company has its registered office in it, having in it centralized the administrative management and the direction of its business.
2 – Users:
The access and/or use of this name portal of the company that creates the website attributes the condition of user, who accepts, from said access and/or use, the general conditions of use reflected here. The aforementioned conditions will be applicable regardless of the general contracting conditions that, where appropriate, are mandatory.
The User declares that he is at least 18 years old and has the legal capacity necessary to acquire the services offered by 10K Tours on his eWeb page in accordance with these General Conditions, which he fully understands and understands.
In case of hiring by a minor, the latter, his parents or guardians will assume their responsibilities and the expenses that they could cause.
The binding contract for both parties in the terms provided therein, is instituted by the clauses contained in the published general conditions, which complete and develop the applicable specific legislation without contravening it. It is a combined travel contract, since it includes a set of services previously scheduled and offered for a global price, or projected at the request of the client also at a global price. It is considered perfected, by virtue of art. 1258 c.c.
At the time the consumer makes the first payment of the advertised amount and is received by the agency. The fact of acquiring or taking part in any of the trips published on this website originates the express acceptance by the consumer of each and every one of the general conditions that will be considered automatically incorporated into the contract, without its individualized written transcript in it, except as referred to in the R.D. Legislative 1/2007 of November 16 approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws and other concordant provisions of the Autonomous Communities. The Contracting Parties expressly submit to the jurisdiction of the City Courts corresponding to the registered office of the organizer of this combined travel contract to resolve all their differences. The organization of these trips has been carried out by the contracted travel agency 10K Tours registered office in Pº de la Castellana 91, 4th – 1st 28046 Madrid.
The technical organization of the trips offered here has been carried out by the travel agency 10K Tours, whose operating address is located in GTA. De Quevedo, 9, 5th, 28015 Madrid Other relevant information is your contact telephone number (611 411 136), as well as your N.I.F: B44790616 and travel agency license number CICMA 4096
The price of the combined trip has been calculated on the basis of exchange rates, transportation fees, fuel cost and applicable fees and taxes on the date of the program’s edition or, where appropriate, the subsequent ones that have been made public in print. Any variation in the price of the aforementioned elements may give rise to the revision of the final price of the trip, both up and down, in the strict amounts of the aforementioned price variations.
These modifications will be notified to the consumer, in writing or by any means that allows a record of the communication made, being able, when the modification made is significant, withdraw from the trip, without any penalty, or accept the modification of the contract. In no case will it be revised upwards in the twenty days prior to the departure date of the trip with respect to requests already made.
4.1. The price of the combined trip includes.
4.1.1 Round trip transportation, provided that the service is included and indicated in the contracted program, in the type of transport, characteristics and category that appears in the contract or in the documentation that is delivered to the consumer at the time of signing it.
4.1.2 The accommodation, provided that said service is included and indicated in the contracted program, in the establishment and food regime that appears in the contract or in the documentation that is delivered to the consumer at the time of signing it, or in other similar ones in the event that a substitution is necessary.
4.1.3 The fees or taxes of hotel establishments, except those premises that must be paid at destination.
4.1.4 Indirect taxes (I.V.A., I.G.I.C.) when applicable.
4.1.5 Technical assistance during the trip, when this service is included and indicated in the contracted program.
4.1.6 All other services and add-ons specifically indicated in the contracted program.
4.1.7 Everything that is expressly stated in the Contract of the Combined Trip.
4.2 Special offers. When contracting the combined trip under a special offer, last minute or equivalent, at a price other than the one expressed in the program, the services included in the price are only those that are specified in detail in the offer, even when said offer refers to any of the programs described, provided that Said referral is made for the exclusive purposes of general information of the destination.
4.3 Exclusions.
4.3.1 The price of the combined trip does not include the following: Visas, entry and exit fees, local fees at hotel establishments, vaccination certificates, and other extras such as drinks or special eating regimens – not even in pension cases complete or half-board, unless specifically indicated in the contract, laundering and ironing of clothes, as well as other optional hotel services, and, in general, any other services that are not expressly included in the section “The price of the combined trip includes” or does not specify specifically in the program, in the contract or in the documentation that is delivered to the consumer when subscribing it.
4.3.2. Optional excursions or optional visits: Excursions and visits indicated as optional or optional within the program and that, therefore, are not part of the combined trip, are merely informative, and can only be reserved and bought once at destination. The organization of these visits depends on local companies outside 10K Tours, so no responsibility is allowed for the non-realization, modification or deficiencies that may arise, as well as for the material or personal damage that any accident or incident may cause during its development. Likewise, the prices of said excursions indicated in the program are also informative (expressed with the indicative of “estimated”), so variations can occur in it once contracted at destination. Given the different means of transport used, it is recommended, before contracting, to consult the insurance coverage included in each case with local companies, the only ones responsible for the organization and provision of these services.
4.3.3 In the event that the trip requires actions by the consumer, penalties may be charged for not complying within the established time. Deadlines, commissions and shares will be duly communicated by email, but in general terms, it will be charged:
4.3.4 Tips. Tips are not included in the price of the combined trip.
The 10K Tours staff does not perform the function of monitors in any case, but rather is limited to accompanying passengers during the trip, therefore it is exempt from any responsibility with respect to their conduct.
5.Inscriptions
10K Tours accepts registration in your events and trips only through the website after the reservation and the payment of the deposit is considered formalized the reservation with the conditions and the extras accepted by the user.
10K Tours may require a maximum advance of 50% of the total amount of the trip, issuing the corresponding receipt in which the requested combined trip would be specified, in addition to the amount anticipated by the consumer. The remaining amount must be paid upon delivery of the vouchers or documentation of the trip, which must be made at least 15 calendar days before the date of departure. Payments made to the agency will be considered fulfilled only when they have been received by the organizer.
If the total price of the trip is not paid under the indicated conditions, it will be understood that the consumer desist from the requested trip, and the conditions provided for in the following section are applicable (consumer withdrawal, assignments and cancellation of the trip due to not reaching the number of people registered in the minimum planned).
In the event that before the conclusion of the contract, the organizer sees it impossible to provide any of the services requested by the client and communicates it through the agency, the consumer may withdraw from his application exclusively by recovering the anticipated amounts if any.
All reimbursements that are appropriate for any concept, will always be formalized through this agency, not making any refund for services not voluntarily used by the consumer.
At all times, the user or consumer can withdraw from the services requested or contracted, having the right to return the amounts he would have paid, whether it is the total price or the advance payment provided for in the preceding section (form of payment. Registrations and reimbursements), but must indemnify the Agency for the concepts listed below:
8.1) Management expenses €30, plus the cancellation of reservations of the suppliers, if any, regardless of the time in which the cancellation occurs.
8.2) In addition to what is specified in the previous section (5.1), if the withdrawal occurs between 30 and 45 days before the start of the trip, it will be penalized with 5% of the total of the trip, between 29 and 15 days before the start of the trip. will penalize with 25% of the total of the trip, between 14 and 7 days before the start of the trip, it will be penalized with 50% of the total of the trip and if it is withdrawn in the last week preceding the trip or the client will not show up on departure, it would be considered “no-show” and would not be entitled to any refund of the amount
In the event that the client chooses to hire a non-group trip and/or without scheduled dates, that is, a trip to measure and/or in private, a particular cancellation fee will be applied: if the withdrawal occurs more than 45 calendar days before departure, will penalize with 10% of the total value of the trip; Between 45 and 31 days before they will be 15%, between 30 and 21 days of 30%, between 20 and 10 days of 60% and if it is canceled during the 9 days before departure or it will not appear at the departure of the trip, will have some expenses will be 100% and would not be entitled to any refund of the amount paid.
8.3) In the event that any of the contracted services, as well as certain combined trips, were subject to special economic conditions of contracting, such as freight of aircraft, ships, special rates, etc… the cancellation fees would be indicated in the information pre-contractual provided.
8.4) The contracted excursions will be governed in relation to the expenses for cancellation due to their specific conditions, which will be revealed verbally to the client, all of them sharing the penalty of 100% of their amount if the consumer does not show up to them. In the case of excursions contracted at the destination by the consumer to companies outside the agency, the latter will not have any responsibility in them, as they are not part of the aforementioned legal relationship.
8.5) When there is a cause of force majeure and the consumer withdraws from the trip, he must communicate his circumstance to the insurance company to make the cancellation insurance coverage effective in the event that he had contracted it.
8.6) The consumer of the combined trip may assign his reservation to a third person, provided that he communicates it in writing fifteen calendar days before the start date of the trip. Such an assignment will not be possible when there is sufficient cause. The assignee will have to meet the same requirements that the assignor had, required in general for the combined trip, and both will be jointly and severally liable to the agency for the payment of the trip price and the additional expenses derived from the transfer. If the combined trip is included within the combined trip, it would be necessary to add the expenses specified according to the conditions of the airline (provided that said company admits the change of ownership). UNITRIPS reserves the right to collect commissions for the assignment of the trip contract.
8.7) In cases where the organizer conditions the feasibility of the combined trip to a minimum number of participants and said number is not reached, the trip would be cancelled, and the user would be entitled to the entire reimbursement of the anticipated amounts, but could not claim amount Some as compensation, provided that the Agency has notified it in writing with a minimum of ten calendar days before the scheduled start date of the trip.
The Agency undertakes to provide its clients with all the contracted services contained in the program that has given rise to the combined travel contract, with the stipulated conditions and characteristics, all in accordance with the following extremes:
When the cancellation is due to the number of persons registered for the combined trip less than that required and thus communicated in writing to the consumer before the deadline set for that purpose in the contract.
When the cancellation of the trip, except in the cases of excess reservations, is due to reasons of force majeure, understanding by such circumstances other than those who invoke them, abnormal and unpredictable, whose consequences could not have been avoided, despite having acted with the due diligence.
The consumer is obliged to report any non-compliance in the performance of the contract preferably “in situ” or, in any case, as soon as possible in writing or in any other way in which it is recorded, the organizer or the agency and, where appropriate, the service provider that It is.
In the event that the solutions arbitrated by the agency are not satisfactory for the consumer, he will have a period of one month to claim before the agency or the organizer, always through it.
Notwithstanding the provisions of the preceding paragraph (obligation of the consumer of
communication for non-compliance), the limitation period of the actions derived from the
rights recognized in Book IV of Royal Legislative Decree 1/2007 will be two years,
as established in article 164 of the aforementioned book.
12.1. General.
The Organizer and the Agency will respond to the consumer, depending on the obligations that correspond to them by their respective scope of management of the combined trip, of the correct fulfillment of the obligations arising from the contract, regardless of whether they must be executed themselves or other service providers, and without prejudice to the right of the organizer and the agency to act against said service providers. The organizer states that he assumes the functions of organization and execution of the trip.
The organizer and the agency will be responsible for the damages suffered by the consumer as a result of the non-execution or poor execution of the contract. Such liability will cease when any of the following circumstances occur:
12.1.1. that the defects observed in the execution of the contract are attributable to the consumer.
12.1.2. That said defects are attributable to a third party unrelated to the supply of the benefits provided for in the contract and have an unpredictable or insurmountable nature.
12.1.3. That the aforementioned defects are due to reasons of force majeure, understanding by such those circumstances outside the person who invokes them, abnormal and unpredictable whose consequences could not have been avoided, despite having acted with due diligence.
12.1.4. That the defects are due to an event that the agency or, where appropriate, the organizer, despite having put all the necessary diligence, could not foresee or overcome.
12.1.5. Let him attend enough cause. The assumptions in which the agencies, despite acting with the foresight and due diligence, will not be considered sufficient cause, cannot provide the services contracted for reasons that are not attributable to them.
However, in cases of exclusion of liability for any of the circumstances provided for in numbers 2, 3, 4 and 5, the organizer and the agency that are parties to the combined travel contract will be obliged to provide the necessary assistance to the consumer who is in difficulty.
12.2. Damage compensation limits
Regarding the limit of compensation for the damages resulting from non-compliance or the poor execution of the benefits included in the combined trip, the provisions of the current regulations that are applicable in this matter will be followed. As regards damages that are not corporal, they must be accredited by the consumer. In no case is the Agency responsible for the expenses of accommodation, maintenance, transport and others that originate as a result of delays in departures or returns of means of transport due to force majeure.
When the trip is made in coaches, “vans”, limousines and similar contracted by the organizer directly or indirectly, in the event of an accident, the consumer will have to present the relevant claim against the transport entity in order to safeguard, where appropriate, the compensation of the Insurance of this, being helped and advised free of charge in his efforts by the organizer.
13.1 Hotels and Riads.
13.1.1 General.
The quality and content of the services provided by the hotel or RIAD will be determined by the official tourist category assigned by the competent body of your country, taking into account that said classification, although it may present similar criteria in most countries, can mean notable differences in some cases.
Given the current legislation in this regard, which establishes only the existence of single and double rooms, allowing a third bed to be enabled in some of the latter, it will be estimated that the use of the third bed is made with the knowledge and consent of the people who occupy the room, and thus the room will be reflected as a triple. In all the reservation forms provided to the consumer when paying the advance payment, in the contract and the tickets and/or documentation of the trip that are delivered simultaneously to the signing of the same. It will also occur in cases of double rooms for use of up to four people, with two beds, when so specified in the program offer.
In some cases, there may be the possibility of enabling cribs, which must be requested by customers before signing the contract and which, unless otherwise indicated, will not be included in the price.
The usual time for entry and exit in hotels or riads is based on the first and last service that the user is going to use. As a general rule and unless otherwise expressly expressed in the contract, the rooms can be used from 2:00 p.m. on the day of arrival and must be free before 12 noon on the day of departure.
When the contracted service does not include the permanent accompaniment of the guide and in the event that the user provides for his arrival at the hotel or riad reserved on dates or times other than those outlined, it is necessary, to avoid problems and misinterpretations, to communicate with the greatest possible anticipation of such circumstance to the organizer, or to the hotel or to the riad directly, depending on the case. Likewise, you must consult the agency, at the time of making the reservation, the possibility of carrying animals, since as a general rule they are not admitted to hotels and apartments.
The hotel or riad accommodation service will be understood as provided that the room has been available to the client on the corresponding night, regardless of whether, due to circumstances of the combined trip or due to force majeure, the time of entry into it occurs later than initially planned.
In the case of accommodation and breakfast regimes, unless otherwise specified, the breakfast included in the price of the trip is the continental one. On flights whose arrival at the destination point takes place after 12:00, the first service of the hotel or riad, as long as it is included in the program, will be dinner. If it occurs after 7:00 p.m., the first service will be accommodation.
The Hotel or Riad may request a credit card from customers upon arrival to cover any extras not included in the combined travel contract.
13.2. Transportation.
In the circuits, the coaches can vary in their characteristics depending on the number of participants. If a sufficient number of passengers are not reached in any exit, it is possible that a minibus or “vans” may be used, which, unless otherwise stated, do not have the reclining seats. Likewise, in the description of each circuit it is indicated whether or not the coach has air conditioning, understanding that it does not have it if it is not indicated.
Transportation in natural parks for the realization of photographic safaris is carried out in “van” or in all-terrain vehicles characteristic of each country. In all the above cases, the design, structure, comfort and safety of the transport vehicle may not be adapted to Spanish standards and standards, but to those that are typical of the country of destination of the trip.
In air travel, the presentation at the airport will be made at least two hours in advance of the official departure time, and in any case, the specific recommendations indicated by the travel documentation provided when signing the contract will be strictly followed.
13.3 Accommodation Circuits
The organizer makes it clear to the consumer that in the circuits specified in the program, the accommodation service will be provided in one of the establishments indicated in the same or in another of the same category and area and that the circuit itinerary may be developed according to any of the options indicated in the program. In the previous cases, if the consumer accepts said formula prior to the conclusion of the contract, said lack of definition will not imply a modification of it.
13.4 Supplementary services.
When users request additional services (for example, a room view of the sea) that cannot be definitively confirmed by the organizer, the user may choose to definitively withdraw from the requested supplementary service or keep their request while waiting for such services to finally be provided to them.
In the event that the parties have agreed to the prior payment of the price of the supplementary services that finally cannot be provided to them, the amount paid will be reimbursed by the Agency immediately upon withdrawal of the service by the consumer or upon return of the trip, depending on the user has opted for withdrawal in the provision of the requested supplementary service or has maintained the request.
13.5. special conditions for children.
Given the diversity of treatment applicable to children, depending on their age, the service provider and the date of the trip, it is recommended to always consult the scope of the special conditions that exist and that at all times will be the subject of specific and detailed information and will be collected in the contract or in the documentation of the trip delivered to the time of your signature.
In general, in terms of accommodation, they will be applicable as long as the child shares the room with two adults. In relation to stays of minors abroad, the information provided on time for each case will be provided and what may be included in the contract or in the documentation of the trip that is delivered when subscribing it.
It is necessary to point out that, at all times, both in the accommodations and in the transfers of which the combined trip is made up, a document may be required to prove the age of the minor.
All users, without exception (children included), must carry their corresponding personal and family documentation, whether the passport or D.N.I., according to the laws of the country or countries that are visited, and an expiration date of said documents higher than the one indicated above may even be required.
It will be on behalf of the client, when the trips so require, obtaining visas, passports, vaccination certificates, etc. If the granting of visas is rejected by any authority, for particular reasons of the user, or being denied entry into the country due to lack of the requirements that are required, or by default in the required documentation, or because it is not a carrier of it, the organizer declines all responsibility for Facts of this nature, being on behalf of the consumer any expense that originates, applying in these circumstances the conditions and regulations established for cases of voluntary withdrawal of services.
It is also remembered to all users, and especially to those who have a nationality other than the Spanish, that they must ensure, before starting the trip, to have all the applicable rules and requirements in terms of visas complied with, in order to be able to enter without problems in all the countries that are going to be visited. Children under 18 years of age must also have a written permit signed by their parents or guardians, in anticipation that it may be requested by any authority.
For all purposes, and as far as land transport is concerned, it will be understood that the baggage and other personal belongings of the user keeps them with them, whatever the part of the vehicle in which they are placed, and that it is transported at the user’s expense and risk, making it perfectly clear that the organizer will not be obligated at any time to respond to the loss or damage that they may suffer during the trip. Users are advised to be present in all luggage loading and unloading manipulations.
As for the air, rail, sea or river transport of luggage, the conditions of the transport companies are applicable, the ticket being the binding document between the aforementioned companies and the passenger. In the event of suffering any damage or loss, the consumer must immediately present the appropriate claim to the transport company. The Organizer undertakes to provide timely assistance to customers who may be affected by any of these circumstances.
The client can dispose, within the combined trip, of the coverage of a policy by the organizer with an insurance company, by which he is obliged to compensate the insured only once and up to the sum indicated in the policy in response to the destination of the trip, the robbery with violence or Intimidation in people or use of force in things, of the luggage of their property, accredited by reporting to the competent authorities, or damages caused to it as a result of accident of any kind or fire that occurred to the means of transport.
In the event of theft or damage suffered by the luggage in the circumstances described above, the client is obliged to communicate it, within a maximum period of fifteen calendar days, attaching the document accrediting the complaint before the competent authority, or the incident, where appropriate, and the evaluation of the stolen objects or damaged. The aforementioned period will begin to be counted from the day on which the client has returned to his place of origin.
They are expressly excluded from the insurance coverage the jewels or objects of art, the money or sign that represents it, imaging equipment, sound, computer, radio, any type of documents, filmed films and cassettes or tapes of radio or video, and, in general, all those objects that do not constitute the baggage of the insured.
The consumer is informed that at the time of the conclusion of the contract, he must receive the pertinent information on the specific documentation necessary for the chosen trip, as well as advice on the optional subscription of an insurance that covers the costs of cancellation and/or assistance insurance that covers the repatriation expenses in case of accident, illness or death; Likewise, information will be provided on the probable risks implicit to the destination and the contracted trip, in compliance with Royal Legislative Decree 1/2007, of November 16 (General Law for the Defense of Consumers and Users).
All the audiovisual information contained in this website or in catalogs or programs provided to the client has a mere informative nature, not being able to be considered as misleading advertising.
The Agency is not responsible for changes in the direction or regents of the establishments included in the programs or catalogues after its publication, as well as the consequences derived from it.
It is recommended to show up at the place indicated at the exit well in advance at the time indicated in the program. This notice will vary depending on the indicated transport, and will always be indicated within the program provided.
The Agency will not be responsible for the loss of the trip if such a recommendation is not met.
The Agency expressly expresses its resignation to submit to the transport arbitration courts for any matter arising from the existence of this contract.