TECHNICAL ORGANIZATION
All the trips offered through the web domain www.tempsdoci.comare marketed and/or organized by VIATGES TEMPS D’OCI, S.L.provided with TAX IDENTIFICATION NUMBER B60397726 and with registered office at C/ Provença nº212, 08036 Barcelona that it is registered as the holder of a package travel guarantee in the Tourism Registry of Catalonia and that it is the owner of this web domain.
VIATGES TEMPS D’OCI, S.L. has the insolvency guarantee established for package tours in art. 252-10 of Law 22/2010, of July 20, 2010, of the Consumer Code of Catalonia, formalized through surety policy number N5.474.463-G with the insurance company SEGUROS CATALANA DE OCCIDENTE SA DE SEGUROS Y REASEGUROS (Avinguda Alcalde Barnils, 63 08174, Sant Cugat del Vallés).
Procedure in case of benefit claim:
Contact us by phone at 902 344 000 or send an e-mail to: dac@catalanaoccidente.com
GENERAL CONDITIONS OF THE PACKAGE TRAVEL CONTRACT
a) Contracting the package
Precontractual information:
1. Before the traveler is bound by any of the following package travel contract or corresponding offer, VIATGES TEMPS D’OCI, S.L.The company shall provide the traveler with the standardized information form for package travel contracts, as well as the rest of the characteristics and information of the trip in accordance with the provisions of the legislation in force.
2. Persons with reduced mobility who wish to receive accurate information on the suitability of the trip according to their special needs, in order to assess the possibility and feasibility of hiring the trip according to the characteristics of the trip, should inform VIATGES TEMPS D’OCI, S.L.The information provided by the company will be used for this purpose.
According to the provisions of EC Regulation 1107/2006, a person with reduced mobility means any person whose mobility to participate in the trip is reduced due to physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation requires appropriate attention and adaptation to their particular needs of the service made available to the other participants in the trip.
3. Pre-contractual information provided to the traveler in accordance with subparagraphs a), c), d), e) and g) of Article 153.1 of Royal Legislative Decree 1/2007, shall form an integral part of the package travel contract and shall not be modified unless expressly agreed upon by VIATGES TEMPS D’OCI, S.L. and the traveler. VIATGES TEMPS D’OCI, S.L., prior to the conclusion of the package travel contract, will communicate to the traveler in a clear, understandable and prominent manner, all changes to the pre-contractual information.
Information on provisions applicable to passports, visas and vaccinations:
1. VIATGES TEMPS D’OCI, S.L. has the duty to provide information on the health formalities required for travel and stay, as well as on the conditions applicable to travelers regarding passports and visas, including the approximate time required to obtain visas, and shall be responsible for the correctness of the information provided.
2. The traveler must obtain the necessary documentation for the trip, including passport and visas and health formalities. All damages that may result from the lack of such documentation shall be for your account, and in particular, the costs incurred by the interruption of the trip and its eventual repatriation.
3. If VIATGES TEMPS D’OCI, S.L. accepts the traveler’s request to arrange the necessary visas for any of the destinations included in the itinerary, the traveler may demand the charge of the cost of the visa as well as the management fees for the procedures to be carried out before the corresponding diplomatic or consular representation.
In this case, VIATGES TEMPS D’OCI, S.L. will be liable for the damages attributable to it.
3. Reservation request:
1. To formalize a reservation process through our website, the following steps must be followed:
Click on the booking button, indicate the services required by the client and add the passenger(s) data. Choose payment method (by credit card or bank transfer). Once the payment is received in our account, an e-mail is sent with the confirmation of Services, price of the trip and travel insurance conditions (if contracted). Once full payment for the trip has been made, travel documents will be sent by e-mail.
2. If you have agreed to manage the reservation you will be responsible for any technical errors that occur in the reservation system that are attributable to you and for any errors made during the reservation process.
3. Shall not be liable for booking errors attributable to the traveler or caused by unavoidable and extraordinary circumstances.
4. Confirmation of the reservation:
The perfection of the package travel contract occurs with the confirmation of the reservation. From that moment on, the package travel contract is binding on both parties.
5. Payment schedule:
1. At the time of booking confirmation the consumer shall pay 30% of the package price, unless a different amount is stipulated in the package travel contract.
2. Payment of the remaining price must be made no later than 30 days prior to departure, unless a different payment schedule is stipulated in the package travel contract.
3. If the traveler does not comply with the payment schedule, . may terminate the contract and apply the rules established for the termination of the trip by the traveler before the departure foreseen in Clause 13.
b) Rules applicable to the benefits of the combined trip
6. Performance:
The benefits that make up the package travel contract result from the information provided to the consumer in the pre-contractual information and shall not be modified unless . and the traveler expressly agree as provided in Clause 1.3. Prior to the start of the trip, . shall provide the traveler with the receipts, vouchers and tickets necessary for the provision of services.
7. Lodging:
Unless otherwise stated in the pre-contractual information or in the specific conditions of the contract:
1. In relation to those countries where there is official classification of hotel establishments or any other type of accommodation, the brochure reflects the tourist classification granted in the corresponding country.
2. The occupancy schedule of the rooms depends on the rules established in each country and lodging.
c) Triple or quadruple rooms or cabins are generally double rooms to which one or two beds are added, usually a sofa bed or a folding bed, except in certain establishments where two larger beds are used instead of additional beds.
8. Transportation:
1. The traveler must be present at the place indicated for departure with the advance notice indicated by VIATGES TEMPS D’OCI, S.L.
2. Loss or damage occurring in connection with carry-on baggage or other items carried by the traveler shall be at the sole risk and expense of the traveler while in the custody of the traveler.
9. Other services:
As a general rule, full board includes continental breakfast, lunch, dinner and lodging. Half board, unless otherwise indicated, includes continental breakfast, dinner and lodging. As a general rule, such meals do not include beverages.
2. Special diets (vegetarian or special diets) are only guaranteed if they are included in the special requirements accepted by the organizer in the package travel contract.
3. The presence of pets will only be accepted if so stated in the special needs accepted by the organizer in the package travel contract.
d) Rights and obligations of the parties prior to the commencement of the voyage
10. Modification of the contract:
VIATGES TEMPS D’OCI, S.L. may only modify the clauses of the contract before the start of the trip if the change is insignificant and VIATGES TEMPS D’OCI, S.L. informs the traveler of said change on a durable medium in a clear, understandable and prominent manner.
2. If before the start of the trip VIATGES TEMPS D’OCI, S.L. is forced to make substantial changes to any of the main features of the travel services or is unable to meet any special requirements of the traveler previously accepted, VIATGES TEMPS D’OCI, S.L. shall make it known to the traveler without delay, in a clear, understandable and prominent manner, on a durable medium and the communication shall contain:
- The substantial modifications proposed and, if applicable, their impact on the price.
- A reasonable period of time for the traveler to inform of his/her decision.
- The indication that if the traveler does not communicate the decision within the indicated period, it will be understood that he/she rejects the substantial modification and, therefore, chooses to terminate the contract without penalty.
- If VIATGES TEMPS D’OCI, S.L. can offer it, the substitute package tour offered and its price.
The traveler may choose to accept the proposed modification or terminate the contract without penalty. If the traveler chooses to terminate the contract, he/she may accept a substitute package tour offered by VIATGES TEMPS D’OCI, S.L. This substitute tour must be, if possible, of equivalent or superior quality.
If the modification of the contract or the substitute trip results in a trip of inferior quality or cost, the traveler is entitled to an appropriate reduction in price.
In the event that the traveler chooses to terminate the contract without penalty or does not accept the substitute package tour offered, VIATGES TEMPS D’OCI, S.L.will reimburse all payments made for the trip, within a period not exceeding fourteen calendar days from the date of termination of the contract. For these purposes, the provisions of paragraphs 2 to 6 of Clause 22 shall apply.
11. Price revision:
1. Prices may only be increased by VIATGES TEMPS D’OCI, S.L. up to 20 calendar days prior to departure. In addition, such an increase may only be carried out to adjust the amount of the travel price to the variations:
a) Currency exchange rates applicable to the organized trip.
b) Of the price of passenger transportation derived from fuel or other forms of energy.
c) The level of taxes or fees on travel services included in the contract, required by third parties not directly involved in the execution of the package, including tourist, landing, embarkation or disembarkation fees, taxes and surcharges at ports and airports.
2. The contract shall indicate the date on which the concepts set forth in the previous paragraph have been calculated so that the traveler is aware of the reference for calculating the price revisions.
VIATGES TEMPS D’OCI, S.L. will notify the increase to the traveler, in a clear and understandable way, with a justification of this increase and will provide its calculation on a durable support no later than 20 days before the beginning of the trip.
4. Only in the event that the price increase represents an increase of more than 8% of the price of the trip, the traveler may terminate the contract without penalty. In such case, the provisions of Clause 10 shall apply.
5. The traveler shall be entitled to a reduction in the price of the trip due to variations in the items detailed in the following paragraphs. a), b) and c) of Clause 11.1. In such cases, ..., the actual administrative costs of reimbursement to the traveler shall be deducted from such price reduction.
12. Assignment of the reserve:
1. The traveler may assign his reservation to a person who meets all the conditions required, in the brochure, program or package offer and in the contract, to perform the package.
2. VIATGES TEMPS D’OCI, S.L. must be notified of the transfer, on a durable medium, at least 7 calendar days prior to the start date of the trip, and VIATGES TEMPS D’OCI, S.L. may only charge the traveler for the costs actually incurred as a result of the transfer.
3. In any case, the traveler and the person to whom he/she has assigned the reservation are jointly and severally liable to VIATGES TEMPS D’OCI, S.L. for the payment of the rest of the price, as well as for any commission, surcharge and other additional costs that may have been caused by the assignment.
13. Resolution of the trip by the traveler prior to departure of the trip:
1. The traveler may terminate the contract at any time prior to the start of the trip and in such a case, VIATGES TEMPS D’OCI, S.L. may require the traveler to pay a penalty that is adequate and justifiable. The contract may specify a standard penalty that is reasonable based on how far in advance of the contract termination the travel commences and the expected cost savings and revenue from the alternative use of the travel services.
If the contract does not provide for a standard penalty, the amount of the penalty for termination shall be equal to the price of the package minus the cost savings and income derived from the alternative use of the travel services.
Therefore, in such cases, VIATGES TEMPS D’OCI, S.L. will reimburse any payment made for the package tour, minus the corresponding penalty.
2. However, if unavoidable and extraordinary circumstances occur at the destination or in the immediate vicinity that significantly affect the execution of the trip or the transportation of passengers to the destination, the traveler may terminate the contract before its commencement without penalty and with the right to reimbursement of all payments made on account of the trip.
3. Such reimbursements or refunds shall be made to the traveler, deducting the corresponding penalty in the case of paragraph 1 above, within a period not exceeding 14 calendar days after the termination of the package travel contract.
14. Cancellation of the trip by the organizer before the departure of the trip:
If VIATGES TEMPS D’OCI, S.L., cancels the contract for reasons not attributable to the traveler, it must reimburse all payments made by the traveler within a period not exceeding 14 calendar days from the termination of the contract. VIATGES TEMPS D’OCI, S.L. will not be liable to pay any additional compensation to the traveler if the cancellation is due to:
1. The number of people registered for the package tour is less than the minimum number specified in the contract and VIATGES TEMPS D’OCI, S.L., notifies the traveler of the cancellation within the period specified in the contract, which shall be no later than:
- 20 days prior to departure for trips of more than 6 days.
- 7 days in trips of 2 to 6 days.
- 48 hours for trips of less than 2 days.
VIATGES TEMPS D’OCI, S.L. is unable to execute the contract due to unavoidable and extraordinary circumstances and the traveler is notified of the cancellation without undue delay before the start of the package tour.
Cancellation of the trip by the passenger prior to departure:
In case of cancellation or postponement of the trip, a % of the cost of the services will be retained depending on the date of cancellation.
- Once the reservation has been made, regardless of the cancellation date, a 10% handling fee will be retained.
- If the cancellation is made between 90 days and 30 days prior to the start of the services, 30% will be retained.
- If the cancellation is made between 30 and 7 days prior to the start of the services, 70% will be retained.
- If the cancellation occurs up to 7 days before the trip and during the course of the trip itself, the cancellation fee will be 100%.
15. Withdrawal before the beginning of the trip in contracts concluded outside the establishment:
In the case of off-premise contracts (as defined in Article 92.2 of Royal Legislative Decree 1/2007), the traveler may withdraw from the contracted trip for any reason and without penalty, with the right to a refund of the price paid for the trip, within 14 days following the conclusion of the contract.
e) Rights and obligations of the parties after the commencement of the voyage
16. Duty to communicate any lack of conformity with the contract:
If the traveler observes that any of the services included in the trip are not performed in accordance with the contract, the traveler must inform VIATGES TEMPS D’OCI, S.L. of the lack of conformity without undue delay, taking into account the circumstances of the case.
17. Remedy any lack of conformity of the contract and failure to provide, as agreed in the contract, a significant part of the travel services:
1. If any of the services included in the trip are not performed in accordance with the contract, VIATGES TEMPS D’OCI, S.L. shall remedy the nonconformity, unless this is impossible or disproportionate in cost, taking into account the seriousness of the nonconformity and the value of the travel services affected. If the non-conformity is not remedied, the provisions of Clause 22 shall apply.
2. If none of the above exceptions apply and a lack of conformity is not remedied within a reasonable period of time established by the traveler or the traveler’s representative. VIATGES TEMPS D’OCI, S.L. refuses to remedy it or requires an immediate solution, the traveler himself may do so and request reimbursement of the necessary expenses for this purpose.
3. When a significant proportion of the travel services cannot be provided as agreed in the contract, VIATGES TEMPS D’OCI, S.L.shall offer, at no additional cost, adequate alternative formulas for the normal continuation of the trip and also when the traveler’s return to the place of departure does not take place as agreed.
These alternative formulas, if possible, must be of equivalent or superior quality and if they are of inferior quality, VIATGES TEMPS D’OCI, S.L. will apply an appropriate price reduction.
The traveler may only reject the alternatives offered if they are not comparable to what was agreed upon in the package or if the price reduction is inadequate.
1. When a lack of conformity substantially affects the execution of the voyage VIATGES TEMPS D’OCI, S.L. has not remedied it within a reasonable period of time established by the traveler, the traveler may terminate the contract without paying any penalty and request, if applicable, both a reduction in the price and compensation for damages caused, in accordance with the provisions of Clause 22.
2. If alternative travel arrangements cannot be found or are rejected by the traveler because they are not comparable to the travel arrangements or because the price reduction offered is inadequate, the traveler shall be entitled to both a price reduction and compensation for damages, without termination of the package travel contract, in accordance with the provisions of Clause 22.
3. In the cases detailed in sections 4 and 5 above, if the package tour includes the transport of passengers, VIATGES TEMPS D’OCI, S.L. shall also be obliged to offer repatriation to the traveler in equivalent transport without undue delay and at no additional cost.
18. Inability to guarantee return as foreseen in the contract due to unavoidable and extraordinary circumstances:
1. If it is impossible to guarantee the return of the traveler as foreseen in the contract due to unavoidable and extraordinary circumstances, VIATGES TEMPS D’OCI, S.L. shall bear the cost of the necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveler, unless a different period is established in the European passenger rights regulations.
2. The cost limitation set forth in the previous paragraph shall not apply to persons with disabilities or reduced mobility (as defined in Clause 1.2 above) or to their companions, pregnant women, unaccompanied minors, nor to persons in need of specific medical assistance, if their particular needs have been shared with VIATGES TEMPS D’OCI, S.L., at least 48 hours before the start of the trip.
19. Duty of collaboration of the traveler to the normal development of the trip:
The traveler must follow the indications provided by VIATGES TEMPS D’OCI, S.L. or its local representatives for the proper execution of the trip, as well as the regulations that are generally applicable to users of the services included in the package. In particular, on group trips, he/she shall show due respect for the other participants and shall conduct himself/herself in such a way as not to interfere with the normal course of the trip.
20. Duty of care of VIATGES TEMPS D’OCI S.L.:
VIATGES TEMPS D’OCI, S.L. is obliged to provide adequate assistance without undue delay to the traveler in difficulty, especially in the case of extraordinary and unavoidable circumstances.
2. Specifically such assistance should consist of:
a) Provision of adequate information from health services, local authorities, and consular assistance; and
b) Assistance to the traveler in establishing remote communications and help in finding alternative formulas.
3. If the difficulty has been caused intentionally or by the traveler’s negligence, VIATGES TEMPS D’OCI, S.L. may charge a reasonable surcharge for such assistance to the traveler. Said surcharge shall not exceed the actual costs incurred by VIATGES TEMPS D’OCI S.L.
f) Contractual liability for defective performance or nonperformance
Responsibility of VIATGES TEMPS D’OCI, S.L.:
VIATGES TEMPS D’OCI, S.L. shall be liable to the traveler whether it carries out the services included in the package itself or if they are carried out by its assistants or other service providers.
22. Right to price reduction, compensation and limitations.
1. The traveler shall be entitled to an appropriate price reduction for any period during which there has been a lack of conformity.
2. The traveler shall be entitled to receive adequate compensation from VIATGES TEMPS D’OCI, S.L. for any loss or damage suffered as a result of any non-compliance with the contract.
3. The traveler shall not be entitled to compensation for damages if VIATGES TEMPS D’OCI, S.L. proves that the lack of conformity is:
a) Chargeable to the traveler
b) Imputable to a third party not involved in the provision of the contracted services and unforeseeable or unavoidable.
c) Due to unavoidable and extraordinary circumstances.
4. When the services of the package travel contract are governed by international conventions, the limitations on the scope or conditions of payment of compensation by the service providers included in the trip shall apply to VIATGES TEMPS D’OCI, S.L.
5. When the benefits of the package travel contract are not governed by international conventions: (i) the indemnities that may be payable to the company may not be contractually limited. VIATGES TEMPS D’OCI, S.L. for bodily injury or damage caused intentionally or negligently; and (ii) any other indemnities you may be required to pay VIATGES TEMPS D’OCI, S.L. will be limited to three times the total price of the package.
6. The compensation or price reduction granted under Royal Legislative Decree 1/2007 and that granted under the regulations and international conventions listed in Article 165.5 of the same Royal Legislative Decree 1/2007, shall be deducted from each other in order to avoid overcompensation.
g) Claims and actions under the contract
23. Applicable Law
This package travel contract is governed by the agreement between the parties and by the provisions of these general conditions, in the current and applicable regional regulations, as well as by the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the defense of consumers and users and other complementary laws.
24. Complaints to VIATGES TEMPS D’OCI, S.L.
1. Without prejudice to the legal actions to which they are entitled, consumers may submit their complaints in writing to VIATGES TEMPS D’OCI, S.L. at the following postal address: C/ Provença nº212, 08036 Barcelona and/or at the following e-mail address: tempsdoci@tempsdoci.com.
2. VIATGES TEMPS D’OCI, S.L. shall reply in writing to any complaints made within a maximum period of 30 days.
3. Consumers may also request official complaint forms from VIATGES TEMPS D’OCI, S.L. by sending an e-mail to the following address: tempsdoci@tempsdoci.com
Alternative Dispute Resolution
1. At any time, the consumer and VIATGES TEMPS D’OCI, S.L. may request the mediation of the competent administration or of the bodies set up for this purpose in order to find a solution to the conflict that is satisfactory to both parties.
2. In the event that the consumer directs his claims to a Consumer Arbitration Board, even though it is not a member of the Board, the consumer shall be entitled to file a claim with the Arbitration Board. VIATGES TEMPS D’OCI, S.L. to the consumer arbitration system, the arbitration could be held if VIATGES TEMPS D’OCI, S.L. The arbitration request of the consumer shall be accepted for the specific case.
Claims involving intoxication, injury, death or reasonable suspicion of crime cannot be subject to consumer arbitration.
In the event of consumer arbitration, the award rendered by the arbitration tribunal appointed by the Consumer Arbitration Board shall be final and binding on both parties.
26. Legal actions
1. If the dispute is not subject to consumer arbitration, the consumer may file a judicial claim with the Court corresponding to the consumer’s domicile.
2. Legal actions arising from the package travel contract shall be barred by the expiration of two years.
