1.1. A consumer who wants to book a travel package shall complete a “reservation request form”. After such completion, the agency” or the organizer of the package, as the case may be, commits itself to take the necessary steps for obtaining the booking confirmation, in accordance with the number of available places and the period of time specified therein.
1.2. At the time of the reservation request, the consumer may be required by the agency to make a deposit representing a maximum of 40% of the price of the package, if such reservation request cannot be confirmed immediately. Where the booking is confirmed, the amount of such a deposit shall count against the price of the package and if the reservation request is withdrawn by the customer before its confirmation, the amount of the said deposit shall be repaid to the consumer less, where appropriate, any reasonable management expenses.
1.3. Upon request by the consumer for a tailor-made travel package, the agency may require the consumer a reasonable amount for the drawing up of the project. In the event that the package travel drawn up by the agency is accepted by the consumer and the agency confirms the services included therein, such amount shall count against the price of the package. If the agency cannot provide such confirmation, it must refund the amount delivered by the consumer.
1.4. In all previous cases, if the agency is unable to provide the requested package to the consumer and makes a similar or different offer, it is understood that such an offer remains in force for 24 hours, unless explicitly stated otherwise. In this case, the contract is concluded only if the consumer accepts the offer within such a time-limit or the time limits set for this purpose.
With a view to assessing the possibility and feasibility of a package in accordance with the characteristics thereof, persons with reduced mobility shall give notice, before proceeding with a booking request, of such condition to the retailer.
As laid down in Regulation CE 1107/2006, a “person with reduced mobility” means any person whose mobility is reduced due to physical incapacity (sensory or locomotors, permanent or temporary), intellectual impairment, age, or any other cause of disability when making a journey (i.e. when using transport by reason for the journey) and whose situation needs special attention and the adaptation to a person’s needs of the service made available to all passengers.
The conclusion of a travel package contract takes place with the confirmation of the reservation. Since that moment, the travel package contract is legally binding on both parties.
4. 1. At the time of confirming and booking a trip, the consumer shall pay an amount that should not exceed 40% of the price of the package or, as the case may be, supplement the quantities delivered up to the said amount.
4. 2. The payment of the remaining price shall be made 60 days prior to arrival or upon delivery by the agency of the tickets, travel vouchers or any other appropriate document to the consumer that is indispensable for the proper performance of the services contracted for. If the consumer fails to make such payment, the agency shall request the consumer to make payment within the time limits set for that purpose. In the event the agency does not establish a timetable for payments, shall it be understood that the payment of the balance due of the package shall be made no later than 7 days before departure.
4.3. If the consumer fails to make the payments referred to in the previous paragraphs, the agency is entitled to terminate the contract and apply the procedures laid down for that purpose.
5.1. Payment and deposit terms
All payments shall be made by credit transfer or credit card.
When the service required is confirmed, except for late bookings (see below), the consumer shall make a non-refundable deposit corresponding to 30% (subject to change based on domestic flights included and/or peak season travel dates) of the total price of the package. No reservations for any service or activity shall be processed by the agency, until the receipt of such deposit. Except for late bookings, any reservation is deemed canceled if the consumer fails to pay the full price of such reservation within the time limits set for that purpose.
Upon receipt of the deposit or full payment (in case of late bookings), Galangal will send the consumer the confirmation of the reservation, e.g. by e-mail, containing the details of the booking (“Travel Information”): itinerary, departure date, price of the package, the amount received by Galangal, the amount and timetable for payment of the balance and method of payment thereof.
“Late booking” means any reservation made within 30 days prior to the departure date of the journey. In these cases, the consumer shall make the full payment of the package in order for Galangal to secure and process it.
Late booking does not entail administrative expenses. However, in order to customize bookings to consumers’ particular preferences, Galangal strongly advises that bookings be made sufficiently in advance.
6.1. The services covered by the travel package contract arise from the information provided to the consumer through brochures or promotions, but also from the indications concerning such information made available when confirming the reservation.
6.2. However, the agency reserves the right to amend the information in brochures before entering into the contract. Such amendments must be notified to the consumer in writing, for them to be valid.
Unless otherwise specified in the brochure, or provided in the special conditions:
a) in those countries that have official classification schemes for hotels or any other type of housing, brochures shall reflect the category and tourist classification under the rules of the host country concerned;
b) check-in/out times depend on the national standards and internal rules of lodging establishments;
c) triple or quadruple rooms or cabins are normally double rooms with one or two additional beds, normally a sofa bed or a folding bed. Certain lodging establishments use two larger beds instead of additional beds.
8.1. Consumers must present themselves at the departure point in the minimum anticipation indicated by the agency or, failing this, at the time shown in the brochure. As a general rule, in the case of commercial air transport, the minimum anticipation is two hours before the scheduled departure time.
8.2. Should a consumer be unable to travel for failure to present himself at the departure point in the minimum anticipation, the provisions of section 15 (on failure to present himself for departure) or, if appropriate, section 13 (on consumer’s right to withdraw) shall apply.
8.3. Lost or damage of hand luggage or other objects that the consumer carries in his custody, shall be for the account and at the risk solely of the consumer.
9.1. As a general rule, “full board” includes continental breakfast, lunch, dinner and accommodation. Unless otherwise indicated, “half-board” includes continental breakfast, dinner and accommodation. Drinks are generally not included with meals.
9.2. All requirements for special diets (vegetarian or other special food) are subject to terms agreed upon by the parties in the section “special conditions”.
9.3. Pet animals are allowed to travel with their owners if the publicity and informative material provided by the organizer clearly indicate so. Otherwise, consumers wanting to travel with their pets, shall inform the agency thereof, before placing a booking, in order for them to be informed about the possibilities available.
10.1. The consumer may at any time prior to departure date change travel destinations, categories of transport, duration, holiday period, travel itinerary or any other change referred to services, provided that such changes can be performed by the agency. The agency may require a legitimate additional payment due to such changes, as well as management expenses for the booking alteration which may not exceed […] % of the full price of the package.
10.2. The agency may perform, before the scheduled departure date, only non-significant changes necessary for the successful conclusion of the travel package. The changes are considered to be significant if impede the attainment of the objectives of the package in accordance with its characteristics.
10.3. If the agency would be compelled to carry out significant changes, it shall immediately notify the consumer about such changes. In such a scenario, the consumer may be entitled to either withdraw from the contract or accept a rider to the contract specifying the alterations made and their impact on the price. The consumer shall inform the agency of his decision within three days following receipt of such notification. If the consumer does not notify his decision to the agency within the abovementioned period, it shall be understood that he withdraws from the contract.
11.1. The agency may perform revisions either upwards or downwards, provided that such revisions did not take place during the 20 days prior to the departure date and did not involve a significant impact on the final price, i.g. which did not exceed 15% of the package price.
In addition, the said revision shall only be performed with the aim of adjusting the price to variations in:
a) the exchange rates applied to the package;
b) transportation costs, including the cost of fuel;
c) dues, taxes or fees chargeable for certain services, such as landing taxes or embarkation or disembarkation fees at ports and airports.
11.2. The revised price shall be determined using as reference the national currency of the target country and taking into account the prices, taxes and fees in force at the issuing date of the brochure. For package tours that include two or more countries, the exchange rate used as reference for the abovementioned purposes shall be in US Dollar.
11.3. If the price revision results in an increase of more than 15% of the price of the package, the agency shall inform the consumer as soon as possible who may withdraw from the contract. The consumer must signify his decision to the agency within three days following the receipt of the notification concerning price alteration. Should the consumer fail to signify his decision within that period, it shall be understood that he withdraws from the contract.
12.1. In the event that the consumer, in accordance with the previous paragraphs, withdraws from the contract, he shall be entitled:
a) either to request the full reimbursement of the payments on account by the agency at the latest 14 days after the receipt of the withdrawal notification,
b) or to take a substitute package of equivalent or higher quality where the agency is able to offer him such a substitute. A substitute package of higher quality shall entail no extra cost to the consumer. If the replacement package offered is of lower quality, the agency shall refund the difference in price to the consumer.
12.2. In both cases, the consumer shall be entitled to be compensated by the agency for non-performance of the contract under the provisions of section 14.
13.1. The consumer may transfer his booking to another person who satisfies all the conditions applicable to the package, i.g. conditions set out in the brochure and in the travel package contract.
13.2. Transfer notices shall be given to the agency by any means. Where a transfer notice is made at least 15 days prior to the start of the journey, no additional costs shall be applied by the agency. The agency is entitled to require the consumer the management expenses arising from the transfer not exceeding […] % of the price of the journey if such a transfer takes place after the said time frame.
13.3. In all events, the transferor of the package and the transferee shall be jointly and severally liable to the agency party to the contract for payment of the balance due and for any justifiable additional costs arising from such a transfer.
14.1. The consumer may, at any moment, cancel the services requested or contracted for and shall be entitled to a refund of the sums paid in accordance with the organizer or retailer’s cancellation policy defined in 15.1. The consumer shall compensate the organizer or retailer in the amounts indicated below:
a) Where the package is subject to no special economic conditions of contracting of services:
1) Agency service fees.
2) Agency cancellation fees as defined in 15.1, if any.
3) A penalty of 5% applied to the total price of the package if the cancellation happens less between 15 and 10 days prior to the start of the journey; 15% if the cancellation happens less between 10 and 3 days; and 25% if the cancellation happens within 48 hours prior to the start of the journey.
b) If the package is subject to special economic conditions of contracting of services –landing, embarkation or disembarkation fees at ports and airports or other similar or special fees– management expenses and cancellation fees and penalties shall be established and agreed upon by the parties.
14.2. In all events, the withdrawal from the contract shall take effect from the moment the will of the consumer comes to the knowledge of the agency in writing.
15.1. Cancellations and No Shows
Cancellations notices must be made by telephone (+34 917 37 10 69) or by e-mail (email@example.com) and shall have effect upon receipt of such notice by Galangal.
All cancellations and No Show are subject to the following non-refundable fees policy:
• 30 % non-refundable deposit due at the time of confirmation;
• 50% of the price of the package if the cancellation happens 60-46 days prior to arrival;
• 75% of the price of the package if the cancellation happens 45-31 days prior to arrival;
• 100% of the price of the package if the cancellation happens 30 days or less prior to arrival.
Cancellations on the grounds that the group travel fails to continue to meet the requirement concerning the minimum number of persons required for such travel to take place, shall be subject to the cancellation fees described above and shall be calculated by reference to the final price stated in the package confirmation.
16.1. The cancellation by the agency of the package, for whatever cause, other than the fault of the consumer, entitles the latter to terminate the contract with the rights granted under section 14 above.
16.2. Where the cancellation of the package is notified within the two months prior to the departure, the agency shall pay an indemnity to the consumer the value of which depends on the time remaining until the departure date. Such indemnity must be equal to at least:
a) 5% of the price of the package if the cancellation happens less between 60-15 days prior to the departure date;
b) 10% of the price of the package if the cancellation happens less between 15 -3 days prior to the departure date;
c) 25% of the price of the package travel if the cancellation happens within the 48 hours prior to the departure date;
16.3. The organizer shall be under no obligation to pay compensation if:
a) the cancellation is due to the fact that the number of persons enrolled for the package is less than the minimum number set in the brochure or in the travel package contract. In such case, the agency shall notify in written the consumer of such cancellation before the deadline set in the brochure or in the travel package contract or, failing this, at least 10 days prior to the departure date.
b) if the consumer fails to meet the terms of the payment provided by the organizer.
c) the cancellation is due to reasons of Force Majeure (as defined below).
16.4. Force Majeure: GALANGAL cannot accept liability or pay compensation where the performance or prompt performance of our contractual obligations is prevented or affected by reason of circumstances amounting to ‘Force Majeure’. In these booking conditions ‘Force Majeure’ means any event that we or the supplier of the service(s) in question could not, even with all due care, foresee or forestall. Such events may include (by way of example and not by way of limitation) war or threat of war, government actions, riots, civil strife, terrorist activities, border closure, industrial disputes, natural or nuclear disaster, fire, epidemic or pandemic, adverse weather conditions, and all similar events.
17.1. Where the consumer fails to communicate his decision to cancel the travel or fails to present himself at the time and place of departure, such a scenario shall be considered a “no show” scenario. In such a case, he shall lose his right of reimbursement of the amounts paid but not the obligation to pay off the outstanding amounts.
17.2. Notwithstanding the foregoing, if the “no show” scenario is due to force majeure, the consumer shall have the right of reimbursement of the amounts paid, less management expenses and cancellation fees.
Death and serious illness or accident suffered by the consumer or any related person or any similar scenario that would prevent such a consumer from caring out his planned travel or giving notice to the organizer of such adverse events, shall be deemed force majeure.
18.1. In the event that, after the departure, the consumer perceives that a proportion of the services contracted for is not provided or in case of improper performance of thereof, he shall communicate such event to the organizer or agency or to the suppliers of services party to the contract. The said communication shall be made in written or by any other means which preserves a record of thereof and from the place where such a failure occurred. Following receipt of communication, the organizer or the agency must make prompt efforts to find appropriate solutions.
18.2. In each and all of the aforementioned events of improper performance of the services contracted for or failure to provide such services, the consumer shall refrain from acts that would make a bad situation worse.
19.1. Where, after departure, the agency perceives that it will be unable to procure a significant proportion of the services to be supplied, or in case of failure to provide such services, the agency shall make suitable arrangements for the continuation of the package. Those services involved in the package whose non-performance impede the proper course of the journey and causes that demands on the continuation of the package by the average consumer be unreasonable, are deemed significant services.
19.2. The consumer shall pay no extra costs for the arrangements made by the agency for the continuation of the package and, where appropriate, the agency shall compensate the consumer for the difference between the services offered and those supplied.
19.3. There exists no entitlement to compensation if the consumer expressly or tacitly accepts the arrangements offered by the agency. Where the consumer acknowledges the arrangements made by the agency and continues the journey, it is deemed that he tacitly accepts such arrangements.
19.4. If it is impossible to make such arrangements or these are not accepted by the consumer for good reasons, the agency shall, where appropriate:
a) provide the consumer, at no extra cost, with equivalent transport back to the place of departure, or to another return-point to which the consumer has agreed, if the package includes the return journey;
b) refund the consumer the price paid, less the costs of the services supplied to him up to this time, unless the failures which occur in the performance of the contract are attributable to the consumer;
c) pay the consumer the compensation, as the case may be.
20.1. The consumer may cancel the travel package contract once it has begun, but he may not demand any repayment of the amounts paid under the contract and shall remain obliged to pay the outstanding amounts.
20.2. If the withdrawal from the contract by the consumer is due to an accident or to illness that prevents him from continuing the travel, the agency shall be obliged to provide the necessary assistance and, if necessary, to pay the difference between the services offered and those supplied, less the cancellation fee duly justified.
20.3. In both cases, any additional costs brought about by the cancellation of the package, and particularly those of repatriation or transport to the place of origin, should be borne by the consumer.
21.1. In order for the proper performance of the package to be guaranteed, the consumer shall act in accordance with the instructions given by the agency and the regulations that are of general application to the users of the services included in the package. In particular, when taking part in group activities, the consumer must show respect for the other participants and engage in conduct allowing for a proper performance of the package.
21.2. A failure in the performance of such duties shall entitle the agency to terminate the travel package contract. Where the package includes a return journey, the agency shall provide the consumer with a means of equivalent transport back to the point of departure or any other means of transportation agreed between the parties. The agency shall be entitled to compensation for damages attributable to consumer misconduct, as the case may be.
22.1. The organizer and/or agency is liable to the consumer for the proper performance of the contract in terms of obligations established by reference to their sphere of management.
22.2. The organizer or agency is liable to the consumer for the proper performance of such obligations irrespective of whether such obligations are to be performed by the organizer or agency, or by other suppliers of services.
22.3. The organizer, which is the responsible for planning the package, is liable to the consumer for the damages arising from the non-performance or improper performance of the services involved in the package and for those resulting from the breach of any other obligations attributed thereto by the applicable legislation in its sphere of management.
22.4. The agency, which is responsible for selling or offering for sale the package, is liable to the consumer for any damage arising from any poor-quality information related to the package, i.g. omission of information, failure in providing the necessary documentation for the proper performance of the package, and in general, breach of any other obligation attributed thereto by the applicable legislation in its sphere of management.
The liability of the organizer or agency will cease if:
a) the defects in the performance of the contract are attributable to the consumer;
b) the defects are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable;
c) the defects are due to force majeure, i.e. unusual and unforeseeable circumstances beyond the control of the party by whom it is pleaded, the consequences of which could not have been avoided in spite of all due diligence;
d) the defects are due to events the organizer or agency in spite of all due diligence, could not foresee or forestall.
24.1. Although not the direct responsibility of the organizer and agency, they are under the obligation to give prompt assistance to a consumer in difficulty.
24.2. There shall be no duty to assist under the aforementioned paragraph when the defects which occur in the performance of the contract are attributable to any intentional or negligent behavior of the consumer.
When the services contracted for are governed by international conventions, all compensation for bodily or non-bodily injury resulting from the non-performance or improper performance thereof is subject to the limitations determined by such international conventions.
26.1. When the services contracted for are not governed by international conventions:
a) compensation for any damage other than bodily injury, including moral damage not resulting from bodily injury, and any kind of refund relating to such damages shall be limited to twice the amount of the package;
b) compensation by the agency for damage arising from incidents of lost or damaged baggage shall be limited to 350 euros.
26.2. The limitation of liability referred to in the two foregoing paragraphs, shall not apply if the agency or the suppliers of services have intentionally caused harm or have acted in a reckless manner and with knowledge that such damage would probably result.
27. Information on passports, visa and vaccinations requirements
27.1. The agency shall have the duty to provide information related to health formalities and regulations applicable to European Union nationals regarding passport and visa requirements and shall be responsible for the accuracy of such information. Citizens of countries outside the European Union should check with their respective Consulate or Embassy the documentary and health requirements required for the journey to take place.
27.2. The consumer must be in possession of all the necessary documentation for traveling, including passport, visas and health formalities. Any liability arising from consumer failure to obtain such documentation shall be attributable to him, in particular, the expenses resulting from the interruption of the journey and transport costs back to the departure point.
27.3. If the agency, upon consumer request, is in charge of obtaining of visa for any travel destination included in the package, such agency may require the consumer to pay any cost related to visa issuing plus the administrative expenses for formalities handled with the relevant consular office or diplomatic mission.
The agency shall be liable for any damage arising from delays in processing formalities or failure or deficiency in doing do so, in accordance with the standard of due care to be complied with in each particular case.
Regulation No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishes common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
The aforementioned regulation shall only apply:
a) to passengers departing from an airport located in the territory of a Member state;
b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State, provided that the operating air carrier of the flight concerned is a Community carrier.
In accordance with the provisions set forth in Regulation No 261/2004, if an aircraft company cancels a flight, or performs the flight with excessive delays compared to the planned schedule, shall provide the passenger concerned, within the conditions established by the EU Regulation 261/2004, with the proper assistance and shall cover the passengers’ costs of meals, telephone calls, hotel accommodation and transport between the airport and the hotel, where appropriate.
The EU Regulation 261/2004 also establishes that in case of a cancellation of a flight the aircraft company shall pay the passenger concerned a proportionate compensation and refund him the price of the flight ticket. If the cancellation of the flight is due extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, the aircraft company shall pay no compensation but remains obliged to provide the passenger concerned with the proper assistance and refund them the price of the flight ticket, if the passenger decides on this option.
29.1. In the case of the travel package, the regulations on contractual liability shall not apply to services not included in the price of the package such as excursions, attendance at sports or cultural events, visits to exhibitions and museums, or any other similar events, that the consumer engages on a voluntary basis whilst on holiday. The agency shall indicate the consumer whether the services concerned are included in the package or should be engaged on a voluntary basis.
29.2. If the agency is involved in the contracting of such services, it shall be liable according to the specific rules applicable to the contracts concerned.
This travel package contract shall be governed by the will of the parties and the provisions of these general terms and conditions, by the national regulations applicable in the place where the contract is executed, and, in the absence of these, by the provisions of the Spanish Royal Legislative Decree 1/2007 of 16 November, whereby the General Law for the Protection of Consumers and Users and other complementary laws was approved (“Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de Consumidores y Usuarios y otras leyes complementarias”).
31.1. The consumer, without prejudice of the right the legal actions to which he is entitled, shall be able to make complaints in written arising from the failure to perform or improper performance of the contract by the organizer and/or agency.
31.2. The agency must reply in written to such complaints within a maximum of 30 days of receiving them.
31.3. The consumer and the agency may request mediation at this point by the competent authority or bodies accredited for this purpose to find a solution to the conflict that is satisfactory to both sides.
31.4. If the conflict cannot be resolved by means of claims addressed to the agency, the consumer may submit such claims to the consumer arbitration scheme, under the condition that the agency involved in the conflict has previously joined to such consumer arbitration scheme or accepts the request for arbitration, despite its not having joined it.
In any case, the consumer may claim in the courts.
32.1. If the agency involved in the conflict is a member of the consumer arbitration scheme, the consumer may address the complaints to the pertinent Consumer Arbitration Board.
32.2. Consumer arbitration cannot be applied in those cases where there is intoxication, injury, death or reasonable indications of a criminal offense.
32.3. Except as otherwise stated in the public offer for submission to the consumer arbitration scheme, the arbitration shall be legal arbitration and the arbitral proceedings shall be governed by the Spanish Royal Decree 231/2008, of 15 February.
32.4. The parties shall be bound by any arbitration award handed down by the Consumer Arbitration Board as a result of such arbitration as the final adjudication of any such claim.
33.1. If the conflict is not referred to the consumer arbitration, the consumer may claim in the courts.
33.2. Legal actions derived from the package travel contract prescribe after two years following the date on which the journey ended or was due to end.