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General terms and conditions of Destinia.com
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Destinia , S.L. Travel Agency TRADEMARK: DESTINIA S.L.,C.I.C.M.A. no. 1257. Registered at the Business Registry of Madrid Volume 15,973, F. 206, Sect. 8, Sheet M-270179 . T.I.N. B82826991 Gran Vía, 22 Dpdo. 4º 28013 Madrid – Spain. Tel. +34915242400. Fax: (+34) 902 196 339
provides its services as an intermediary between Wholesale Travel Agents and the end customer, for promotion and sale of the following types of travel services and products:
* Airline Tickets
* Car Rental
* Package Holidays
* Holiday Offers
* Information about destinations, travel guides, maps, reviews, forums, etc...
General Terms and Conditions between Destinia.com and the user:
Destinia, S.L. offers its users (hereinafter referred to as the “User”) access to its Web sites subject to the unconditional acceptance of the General Conditions of this contract. To be able to access and use the web sites of Destinia.com and Hotelkey.com, the user shall fully accept the General Conditions. If the User does not agree with the General Conditions, he will not be entitled to access or use the web sites of DESTINIA, S.L..
The User states that he is of legal age (that is, at least 18 years old) and has the necessary legal capacity to understand and apply the conditions of this agreement and shall use the web site according to the General Conditions, that he fully acknowledges and understands. The User is responsible for confidential use and adequate keeping of the passwords that have been assigned to him by DESTINIA for web site access, hence preventing unauthorized access by third parties. The User agrees to be held responsible for the financial consequences due to any use of the assigned passwords on the DESTINIA web site, including the access and activity of third parties using the user's passwords.
The User agrees to provide true, complete and updated information to access the web site. The technical organization of this program has been carried out by DESTINIA S.L..
2. PURCHASE OF SERVICES ON DESTINIA'S WEB SITES.
The purchase can made on the web pages of www.Destinia.com and www.hotelkey.com, or by calling the customer service line +34915242400 (maximum cost of the service 0.0673 €/minute, VAT not included).
The contract is formalized when the service has been confirmed, the contracting party has accepted the general conditions of the contract and due payment has been received.
The document on which the contract is formalised will be filed by DESTINIA SL. USERS may access it at any time through the MY ACCOUNT section, located at the top left-hand side of this section, by entering their e-mail address and code.
When purchasing a service the total amount of the service must be paid immediately, or the reservation will be canceled according to the conditions stated in the cancellations section below. DESTINIA S.L. shall provide the customer with a VOUCHER sent by Fax or e-mail, specifying the contracted services. The reference number, that must be stated on the VOUCHER, confirms the reservation by DESTINIA.
3. PRICE REVIEW
The price of the package holidays has been calculated based on the exchange rates, transport costs, cost of fuel and levies and taxes applicable on the date of publication of the program or subsequent ones that have been published in print. Any variation in the price of the aforementioned elements may require a review of the final price, which could imply an increase or decrease of the original price. The consumer will be notified of these variations in writing or by any other efficient means of communication. If the price review should imply a considerable increase of the original price, the consumer is entitled to cancel the package holiday without any penalty fees, or accept the amendment of the contract. The price will under no circumstance be reviewed for confirmed reservations up to twenty days prior to the departure date.
4. SPECIAL OFFERS
When a package holiday has been contracted based on special, last minute or equivalent offers, at a different price to that stated in the program, the services included in the price are only those specified in detail in the updated offer, even when the offer refers to any other prior programs.
5. THE PRICE INCLUDES
1. Indirect taxes (V.A.T. – Local Sales Taxes) when applicable.
2. Regime and number of nights at the establishment according to contract, or equivalent in the event of substitution of any service.
3. Return transport (only applicable when this service is included in the travel itinerary).
4. All the services and complements specified in the applicable itineraries. The Tour Operator or Service Provider is the only party that can provide the correct interpretation of the services included in the journey, which means that, in the event of doubt, the user must consult the Organizer before the journey begins, in order to prevent subsequent claims.
6. THE PRICE DOES NOT INCLUDE
Visas, airport fees, vaccination certificates, extra expenses such as coffee, wine, liquor, mineral water, special diets and laundry service. Nor does the price include optional hotel services such as parking, TV rental or any other items that are not specified in the contract.
In certain destinations, additional local fees may apply. These fees may vary depending on the category of establishment and destination, these fees are paid directly to the hotel.
7. APARTMENTS AND HOTELS
Apartments.- The customer is fully and exclusively responsible for correctly stating the number of people occupying the room or apartment, including children and babies, when the reservation is made. Please be aware of that the Establishments may refuse entry if the number of occupants at check-in exceeds the number of occupants stated in the reservation and no claims can be made in these cases. When making the reservation, it is necessary to reconfirm the time and place for the collection of the keys.
Hotels. – The quality and content of the services provided by the hotel will be determined by the assigned official category and will be subject to administrative control. The current legislation is only applicable for single and double rooms, which in the latter case sometimes allows a third bed to be placed in the room. An extra bed can be placed in a double room if requested by the customer and the accommodation must be specified as a triple room on the confirmation, voucher and/or any other travel documents applicable to the reservation.
Times. – The hotel check-in time is from14.00 hours, and for apartments from 17.00 hours. In most cases the reservations are guaranteed up until 20.00 hours. If you think that you will arrive later, please contact the establishment directly. If you fail to notify the hotel of the late arrival, the establishment is entitled to rent out the room/s or apartment/s to another guest if necessary.
In some establishments the customer can request services that require payment in advance such as single room, sea view, private bathroom etc. These requests cannot be guaranteed by the Tour Operator/Service Provider. If the prepaid request cannot be provided at the establishment, the Tour Operator/Service Provider can only be held liable for refunding the prepaid amount for the requested service, which the customer will receive at the end of the journey.
The contract is not applicable for transport of the passenger's baggage on land, as it is understood that this will remain with him, no matter where in the vehicle it is placed and that it is transported on the account and at the risk of the traveler. The Tour Operator/Service Provider cannot be held liable for losses or damages that may occur during travel and the traveler is recommended to be present when baggage is being loaded and unloaded. As to air transport of baggage, we refer to the airline conditions regulated by IATA. In the event of any damage or loss, the traveler is recommended to immediately file a claim at the transport company or carrier.
10. CHILDREN AND EXTRA BED
Please consult the special conditions that apply to discounts for children. The discounts are in some cases applicable when a maximum of two children sharing a room with two adults. Cots: if the customer require a cot, he/she should request it when making the reservation, as some hotels have a limited number of cots. The charge for the cot (if available) must be paid directly at the hotel. Extra Bed: Applies to a third person sharing a room with two other people. Since the surcharge may vary, the customer is advised to consult the rates of this service for each individual hotel. When making the reservation we strongly recommend the customer to assure the availability of an extra bed as some hotels only offer a limited number of extra beds.
11. GENERAL FLIGHT CONDITIONS
As the majority of airlines offer low rates that do not allow changes or cancellations, each reservation will be checked individually, applying the tariff rules established by each individual airline.
The estimated time for the airlines to process a refund, after authorization has been made, is between 4 and 8 weeks.
Although the ticket may be fully refundable, the refund never includes the additional fees.
Destinia S.L., shall not be held responsible for passport, visa or health requirements for entry to the destination country and as well for stop-overs/connecting flights, including the validity or veracity of the required documentation. As well the traveler must make sure that he/she has the necessary identifying documentation according to the country he/she travels to and the corresponding airlines. The consumer is advised that, on certain occasions, the National Identity Card will not be valid for flights within Spain or the European Union, such as, for example, flights of the 6000 Series of Iberia, or flights beginning their route outside our borders and using Spain as a transit zone toward their final destination. Should these recommendations and/or requirements not be fulfilled, will the customer be solely responsible for any expenses, loss, damages and/or injuries caused by the passenger himself or his fellow passengers, resulting in the inability to enjoy the journey once purchased.
The authorities of the United States require all passengers flying to the USA or transiting through its territory, including Puerto Rico, to hold a machine readable passport, including minors. Likewise, a form must be filled out with the identifying personal data, that will be sent by our agents once the purchase of the tickets has been finalized, and must be returned at least 48 hours prior to boarding.
Low Cost flights are booked with the airlines via our partner Travelfusion
The low cost airlines normally charge an additional fee when the customer pays with a debit- or credit card. The card fee depends on the selected airline and the credit or debit card used to make the payment. This fee depends solely on each individual airline and is charged independently of offers, promotions or fees applied by Destinia.com.
If the user or consumer should cancel the contracted or requested services and if he is entitled to a refund of the total price or the paid deposit the Agency shall be compensated for the following items:
a) Stand-alone services: All administration fees, plus cancellation fees, if applicable.
b) Package Holidays: If you should cancel or modify your reservation, you must contact your travel agent by phone or by sending an email to the address that you received with your booking confirmation at least 72 working hours prior to the departure date. The cancellation and penalty fees are set by the tour operator for each individual package holiday. Please contact our travel agents to consult the applicable cancellation policies for your package holiday. If the customer isn't present at the time of departure, he will not be entitled to any refunds of the sum paid, except for extraordinary circumstances as Force Majeure or if other agreement has been made by the parties involved.
Should any of the contracted and canceled services be subject to special financial conditions according to contract, such as chartered aircraft, coaches, rented apartments, special rates, guaranteed hotel rooms, services provided in specific countries, etc., the cancellation expenses will be established according to the conditions agreed between the parties. If the consumer cannot participate in the journey due to a justified reason, he may assign his reservation to a person who meets all the conditions required for the trip. Assignor and assignee will jointly be held liable to the Agency for payment of the service, as well as the additional expenses caused by the contract assignment. In order for the assignment to be valid, it must be accepted by the companies providing the services comprising the journey, and the additional expenses arising from the assignment must be paid. If the customer decide to leave the hotel before the check out date of the contract, the Tour Operator/Service Provider cannot be held responsible for any refunds, except if they receive a written notice from the hotel stating that the nights not spent at the hotel have not been billed. The document must be requested by the customer at the establishment and must bear the hotel's stamp.
c) Hotel cancellation expenses:
In case that the client wants to cancel or modify the reservation, he must contact his agent by phone or by e-mail using the address provided when placing the reservation 72 hours prior to the arrival date. Cancellation, modification and No Show fees charged by Destinia are 12 EUR. Fees charged by the hotel for cancellation: Canceling the reservation within less than 72 hours before the arrival date will result in a cancellation penalty fee that will be the price of the first night, except when the reservation is for high season, holidays, snow season, fairs, expositions, big conferences and other important events celebrated on the destination. The customer is recommended to ask the agent about any specific cancellation policy that could apply to the hotel reservation. Otherwise the hotel may charge the client an extra fee from the first night up to 100% of total sum of the reservation. *In the case of No Show the hotel will apply its cancellation policy.
d) Cancellation fees charged by Destinia are: 20 euros.
The Agency undertakes to provide its customers with all the contracted services according to the conditions stated on this page. The obligation is waived when Force Majeure occurs, that is, circumstances beyond the party's control, that are extraordinary and unforeseeable, the consequences of which could not have been avoided in spite of all the diligence applied. This also applies to sufficient causes that cover other events, that are truly outside the party's control and even if the party acts with foresight and due diligence it will not be able to provide the contracted services. If it is impossible for the Tour Operator/Service Provider to provide any service, after the contract has been formalized and before departure of the journey, the consumer will be entitled to choose between another package holiday of equivalent or superior quality, if the Agency is able to provide this, or total reimbursement of the sums paid. The Agency must be informed about the customer's decision within the term of 48 working hours. No compensation may be claimed for breach of contract when the impossibility to provide a service is due to sufficient causes or Force Majeure, or when the customer has opted for a substitution of the service that is impossible to provide. If the Tour Operator/Service Provider cancels the package holiday after the contract is formalized and before the date of departure, due to any reason that has not been caused by the consumer, nor that is justified by sufficient causes or Force Majeure, the customer will be entitled to another package holiday, or a refund of the full sum paid, according to the terms stated in the preceding paragraph. The Agency must be informed about the customer's decision within the term of 48 working hours. Compensation may not be claimed for breach of contract when its cancellation arises due to sufficient causes or Force Majeure. If there is breach or bad fulfillment of the services provided amounting to more than 50% of the price of the journey, that has not been caused by sufficient causes or Force Majeure, the Tour Operator/Service Provider shall provide other adequate solutions to continue the package holiday. The solutions provided shall not imply any surcharges for the consumer and the Tour Operator/Service Provider should pay any difference in price between the services foreseen and those supplied. If no solution can be provided or if the consumer, for any valid reason, doesn't accept the provided solution, the Agency must under all circumstances provide the consumer with a return trip to the point of departure and refund the part of the price that the party is entitled to. If this situation should arise the consumer is entitled to claim compensation for breach of contract from the Tour Operator/Service Provider. Compensation may not be claimed if the breach or bad fulfillment of the services has been caused by Force Majeure or other sufficient causes. If Tour Operator/Service Provider notifies the customer about any services that cannot be provided prior to formalizing the contract the customer isn't entitled to claim any compensation for breach of contract from the Agency, since the program has not been formalized and amendments can occur. To conclude, the consumer may only claim compensation from the Tour Operator/Service Provider if there is a breach or bad fulfillment of the travel services or for cancellations due to circumstances other than Force Majeure or other sufficient causes. *Modification fee: 12 EUR.
Responsibility with regard to consumers for proper execution of the obligations arising from the travel package is determined by article 162 of Royal Legislative Decree 1/2007. If there is a failure to provide, or if the contracted services are badly fulfilled on the destination, the consumer must immediately notify the Service Provider and Tour Operator within the term of 48 working hours, in order for the relevant measures to be taken. Failure to notify the Tour Operator/Service Provider will imply that the consumer himself is able to prove the lack of service fulfillment before the Tourist Board and/or relevant court of law, as it would be impossible for the Tour Operator/Service Provider to verify and confirm the veracity of the consumer's statements and there would be no possibility to achieve a satisfactory solution for all the parties involved . The Agency will under no circumstances be held responsible for any expenses for accommodation, food, transport or others arising from flight delays due to technical reasons, weather conditions, strikes or others in the event of Force Majeure.
If transport is carried out in the Tour Operator's own or hired coaches and in the event of an accident, whatever country this takes place in, the traveler submits to the laws of road traffic accidents applicable to the country in which the vehicle is licensed. In the case of personal injury the traveler has the right to the terms and conditions of the vehicle's insurance and the relevant compensation plan provided for that purpose and the parties concerned, beneficiaries and/or legal representatives will be compensated in the country where the vehicle is licensed and according to its legal tender.
Links may be provided on this web site to other webs of which DESTINIA S.L. has no control and cannot be held responsible for. Likewise, DESTINIA S.L., shall not be held responsible for the technical availability of the web pages the user accesses through its web site. DESTINIA S.L. shall also not be held responsible for damages and losses arising from breaches by any user that affect the rights of other users or third parties, including copyright, trademarks, patents, confidential information or any other intellectual or industrial property rights. DESTINIA, S.L. shall not be held responsible for user damages and/or losses if the Agency fail to provide any services in the event of Force Majeure or other sufficient causes. Nor shall DESTINIA, S.L. be held responsible for inadequate use of the service offered on the web site due to defective configuration of the user’s computer equipment or insufficient capacity to support the necessary computer systems to use the services offered.
Destinia, S.L. does its utmost with the resources available to provide true information and content on the website without typographical errors. If any typographical error were to arise, beyond the will of Destinia, S.L., the error shall immediately be corrected. If there is a typographical error in any of the prices displayed and a customer has decided to make a reservation based on that error, DESTINIA will take responsibility for that error and honour the purchase, except in cases where the difference in price is so disproportionate to the average online market price for this product that it should be blatantly obvious to the average person; all in an endeavour to avoid unjust enrichment and misuse of consumers’ rights, as set out in existing legislation.
Destinia S.L., shall not be held responsible for passport, visa or health requirements for entry to the destination country or for stop-overs/connecting flights, including the validity and veracity of the required documentation. It is mandatory for passengers contracting any service from our company to obtain information about the immigration requirements and what documentation is needed according to their own personal or legal situation. As well the traveler must make sure that he/she has the necessary identifying documentation according to the country he travels to and the corresponding airlines. The consumer is advised that, on certain occasions, the National Identity Card will not be valid for flights within Spain or the European Union, such as, for example, flights of the 6000 Series of Iberia, or flights beginning their route outside our borders and using Spain as a transit zone toward their final destination. Should these recommendations and/or requirements not be fulfilled, will the customer be solely responsible for any expenses, loss, damages and/or injuries caused by the passenger himself or his fellow passengers, resulting in the inability to enjoy the journey once purchased. The authorities of the United States require all passengers flying to the USA or transiting through its territory, including Puerto Rico, to hold a machine readable passport, including minors.
15. OTHER IMPORTANT ASPECTS
The descriptions of the services shown for each establishment have been provided by the establishments when added to the system and the characteristics are subject to possible variations. The photographs shown of people, landscapes, hotels, apartments, etc., have been taken from or provided by external suppliers and are for illustration purposes only and the Tour Operator/Service Provider shall not be held responsible if the customer does not find identical conditions during his stay. Room and board: FULL BOARD includes breakfast, lunch and dinner. On most occasions the dinner is provided by the hotel on the day of arrival and breakfast on the day of departure (this may be altered by the customer when making the reservation). HALF BOARD includes breakfast and dinner, except if the customer chooses lunch instead of dinner and as long as the hotel agrees to accept the change or when half board is specified as breakfast and lunch in the hotel confirmation. If the customer chooses to check out from the hotel prior to the departure date of the contract, the Tour Operator/Service Provider cannot be held responsible for any refunds, except if they receive a written notice from the hotel stating that the nights not spent at the hotel have not been billed. The written notice must be claimed by the customer at the establishment and must bear the hotel's stamp.
16. VALIDITY AND JURISDICTION
This contract's terms and conditions are valid from the first of March two thousand and eleven, being binding upon the Tour Operator/Service Provider during this period. However, changes in the above mentioned terms and conditions will be valid when the consumer is notified before the contract is formalized; or when amendments are agreed by the parties to the contract. DESTINIA, S.L. specifically declines voluntary submission to the Travel Agency Arbitration Board, as well as any other arbitration proceedings not expressly accepted by Destinia. The parties, specifically renouncing their own jurisdiction, agree that the legislation applicable to this contract shall be Spanish and all litigation that might arise from it shall be submitted to the Courts and Tribunals of Madrid, except for contracts with consumers and users, in which case the Courts and Tribunals of the user's or consumer's country of residence shall be competent.
17. GENERAL CONDITIONS FOR PURCHASE BY INSTALMENTS
In order to take advantage of the installment payment plan, the customer must fulfill the following requirements:
Only for Hotel reservations (the deferred payment plan cannot be applied to a flight+hotel reservations).
The minimum amount of the reservation must be 300 Eur.
Payment is made in 2 installments. The first payment is made upon confirmation of reservation and the second payment will be charged 30 days before arrival at the hotel.
Administration fee in the event of cancellation or modification: 12 EUR.(in addition to the fees charged by the relevant hotel establishment).
Payment by instalments does not entail an increase in the price of the reservation.
Use of this Web Site:
Destinia, S.L. Travel Agency C.I.C.M.A. no. 1257. Registered at the Business Registry of Madrid, Volume 15,973, F. 206, Sect. 8, Sheet M-270179 . T.I.N. B82826991 Gran Vía, 22 Dpdo. 4º 28013 Madrid – Spain. Tel. (+34)915242400 Fax: (+34) 902 196 339
1. The user agrees to receive electronic communications with advertising and commercial news from Destinia.com and of the products or services it commercializes or promotes. If the user would like to cancel the subscription of these news letters he is asked to contact Destinia using the contact details in the previous paragraph.
2. All the content, trademarks, logos, drawings, etc., provided on the WEBS of Destinia, S.L., are protected by intellectual and industrial property rights, patents, trademarks and copyright held by DESTINIA, S.L. that are expressly reserved by Destinia.com or, if appropriate, by the individuals or companies recorded as the authors or holders of the rights. Breach of the preceding rights will be pursued under the laws in force. It is thus prohibited to reproduce, exploit, alter, distribute or publicly broadcast by any means, all the content of the WEB owned by Destinia, S.L. other than legitimate use of information or when purchase of services has been made by the user . In all cases, prior written consent from Destinia.com will be required.
3. The user accepts that the governing laws applicable to any purchase are the Spanish laws.
Destinia.com reserves the right to make the appropriate changes under the terms and conditions established in the general consumers defense act 1/2007 and the regulations governing travel agents in the region of Madrid.
4. Data sent and shared by the user on the Webs of Destinia, S.L. is protected by the latest electronic security technology. The data that is submitted and stored in our data bases are also protected by security technologies that prevent any unauthorized access from third parties. If the party to the contract wishes to access, update or cancel his data according to Organic Act 15/1999 of 13 September on Personal Data Protection, he may exercise these rights by letter, addressed to DESTINIA, S.L. C/ Gran Via nº 22 4º dpdo Madrid, or by fax to number 902196339 or by e-mail to the address stated above. Destinia.com does its utmost to keep its systems up-to-date to ensure the effectiveness of its security systems.
5. Links to other WEB sites on the pages of Destinia, S.L. are offered to the user for information purposes only, thus Destinia.com shall not be held responsible for the products, services or contents offered or supplied on linked pages located on another domain.
6. Destinia.com cannot be held responsible for veracity, updates and/or accuracy of the data or information on offers, products or services, prices, routes, distances, characteristics or any other data concerning products and services offered or provided on the web site by providers of products and services or tour operators.
7. If a user would like to register as customer of Destinia.com he is required to acknowledge and accept these general terms and conditions. When making a purchase of a service or a package holiday on Destinia.com, the customer shall also accept the general conditions of the provider concerned.
9. If any clause included in these general conditions is declared fully or partially null or ineffective, will this clause be replaced with the valid general terms and conditions.
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