For the purposes of these General Conditions, the programme is the information document to which they are incorporated. The programme is the description of the package trip that constitutes the object of the package travel contract.
Any contract with LUXOTOUR is subject to these general conditions of sale and their purpose is to regulate the contractual terms for the provision of services by LUXOTOUR and, where applicable, the consideration owed by the client to LUXOTOUR for the use by the client of certain services. The provision of services will be carried out by obtaining, providing, organizing, using and managing by LUXOTOUR the technical, human and operational resources necessary for this purpose and, always and in all cases, as consideration for the prices in force at any given time when the services are payable. Mere browsing of the website https://www.luxotour.es/ will not be considered a service.
LUXOTOUR takes special care of and protects the traveller under the terms detailed in these GENERAL CONDITIONS, as well as the LEGAL NOTICE and PRIVACY POLICY.
1. Applicable legal regulations.
These General Conditions are subject to the provisions of Royal Legislative Decree 1/2007 of 16 November (BOE 287 of 30.11), the General Law on Consumers and Users and other complementary laws, amended by Royal Decree-Law 23/2018, of 21 December, on the transposition of directives on trademarks, rail transport and package travel and linked travel services, Law 4/2022, of February, on the protection of consumers and users against situations of social and economic vulnerability, and by Law 7/1998, of 13 April, on General Contracting Conditions.
These General Conditions must be incorporated, signed by the contracting parties, into all package travel contracts whose object is the programs offered by LUXOTOUR S.A.U and published in https://www.luxotour.es/
The information contained in these General Conditions for package tours and those provided at the pre-contractual stage are of a generic nature. Significant variations in the content are not to be expected and will be modified exclusively in the terms set out in the Specific Conditions and in certain cases set out below.
2. Organisation.
The organisation of these package tours has been carried out by LUXOTOUR S.A.U., with C.I.F. A-29092046, with address at Pza. Presidente Adolfo Suarez 10, ofc.4, registered in the Mercantile Registry of Malaga, Volume 439, Book 316, Section 3, Folio 65, Page 870a, Entry 1. The Owner has been recognized as a wholesale-retail Travel Agency, being holder of the corresponding Title-License with number C.I. AN -2906 1-1 . This organization is detailed in the pre-contractual information provided to the client detailed in the package travel contract.
THE RETAIL AGENCY undertakes to provide the traveler with a copy of the package travel contract formalized by the parties, no later than within 24 hours from said formalization. All the conditions that regulate the contracted package trip will form an integral part of the package travel contract, specifically, the general conditions set out in this text, the pre-contractual conditions, and the specific conditions between LUXOTOUR, Retail Agency where applicable, and the traveler.
3.- Price.
A) The price of the package trip includes:
B) The price of the package trip does not include:
Any other service not specifically specified in the contract, such as:
C) Price changes:
The price of the package trip has been calculated based on exchange rates, transportation rates and fuel costs. Due to the constant rise in the price of oil or other energy sources, the price of the trip may occasionally be modified after the trip has been contracted and confirmed by the organiser or, where appropriate, by the retailer, provided that this option is provided for in the contract.
Depending on the destination, the traveller will be charged, as an integral part of the total price of the package, the tourist taxes, fees and surcharges for landing, boarding or disembarking in ports or airports, as specified in the previous section. These amounts may be modified by third parties who are not directly involved in the execution of the package and, as a result, may be modified by the agency.
In relation to the Tourist Tax, it is a tax applied in certain countries by hotel establishments. The traveller must check whether such a rate exists according to his/her destination.
As a result of changes in the currency rate applicable to the package trip, the agency may modify the price of the trip.
* Any price change that occurs as a result of any of the reasons stated above will be notified by LUXOTOUR to the retail agency and by the retail agency to the traveller with the justification of the increase and its calculation on a durable medium, no later than twenty calendar days before the start date of the package trip.
Whenever the travel contract provides for the power of the organiser, or where appropriate the retailer, to modify the price, as is the case, the traveller will be entitled to a reduction in the price corresponding to any decrease in the costs mentioned in this section that occur between the date of confirmation of the package trip booking and the start date of the same. In the event of a price reduction, the organiser and, where applicable, the retailer, shall be entitled to deduct actual administrative costs from the refund due to the traveller.
D) Price reduction and compensation for damages:
* Compensation or price reduction granted by law and that granted by international regulations and conventions shall be deducted from each other to avoid excess compensation.
In the event of a price reduction, LUXOTOUR shall be entitled to deduct actual administrative costs from the refund due to the traveller.
E) Agreed method of payment
The parties shall agree in the contract on the established method of payment, whether in cash or in installments, although the full amount must be paid before the departure date. If the price has not been received, it will be understood that the traveller unilaterally withdraws from the contract with the costs and penalties established in the RDL 1/2007.
At the time of registration, LUXOTOUR may require an advance payment that in no case will be greater than 40% of the total amount of the trip, issuing the corresponding receipt specifying, in addition to the amount advanced by the consumer, the package trip requested. The remaining amount must be paid upon delivery of the vouchers or travel documentation, which must be made at least seven days before the departure date.
If the total price of the trip is not paid under the conditions indicated, it will be understood that the consumer is withdrawing from the requested trip, and the conditions set out in the following section will apply.
In the event that before the departure of the trip, LUXOTOUR is forced to significantly modify any essential element of the contract, it must immediately inform the consumer through the Retail Agency.
All refunds that are applicable for any reason will always be formalized through the Retail Agency/Retailer, and no refund will be made for services not voluntarily used by the consumer.
4 Special offers.
When the package trip is contracted as a result of special offers, last minute or equivalent, at a price other than that stated above, the services included in the contract will be subject to a reduction in the price of the package.
The prices are only those specified in detail in the offer, even when said offer refers to one of the programs described in this program, provided that said reference is made for the exclusive purposes of general information about the destination.
5 Other exclusions
In the case of optional excursions or visits not contracted at the origin, it must be taken into account that they do not form part of the package travel contract. Their publication is merely informative and the price is expressed with the indicative that it should only be "estimated". Therefore, at the time of contracting at the destination, variations in their costs may occur, which alter the estimated price. On the other hand, said excursions will be offered to the consumer with their specific conditions and final price independently, not guaranteeing until the time of contracting the possible realization of the same.
a) Tips are not included in the price of the package. In the case of cruises, the price of the trip does not include an additional contribution that is usually, although erroneously, called a tip, the amount of which depends on the duration of the trip and is intended solely for the service personnel, in respect of which the client is warned at the beginning of the trip that he must undertake to pay it at the end of the trip.
b) Services not included in the "All Inclusive" regime depending on the specific offer of the selected hotel.
6 Assistance.
7- Modification of other clauses of the contract.
* In the event that the traveller requests voluntary changes to his package trip, the prices of the tourist services may not correspond to those published in the brochure or pre-contractual conditions that gave rise to the contract.
8.- Assignment of the package trip contract.
9.- Payments and refunds.
* Payment with authorization / Deposit into account: for the payment of the services reserved through the LUXOTOUR website and for security reasons, it is possible that in some cases, the agency will request from the client a specific collection authorization (to which the documentation required by the travel agency must be attached) or, that the client LUXOTOUR commercial network, or, where appropriate, a deposit into an account, depending on the specific case in question.
10.- Termination of the package travel contract by the traveller.
At any time, but always before the start date of the package trip, the traveller may terminate the contract with a penalty imposed by the organiser or, where appropriate, by the retailer.
a) In the case of individual services: 70 euros (VAT included) per person for management costs, plus cancellation costs, if the latter have occurred.
b) In the case of package trips:
1) 100 euros (VAT included) per person for management costs plus cancellation costs, if any.
The package travel contract may establish a standard penalty depending on the days remaining until the start date of the package trip starting from the day on which the intention to terminate the contract is communicated, so that in no case may it be less than 5 percent of the total price of the contracted trip, if the aforementioned breach occurs between two months and fifteen days immediately prior to the scheduled date of the trip; 10 percent if it occurs between fifteen and three days prior, and 25 percent if the breach occurs within 48 hours prior.
c) in the event that the entrepreneur responsible for the package trip cancels it before the start of the trip, the traveller will also be entitled to receive compensation. The organiser shall not be liable for any additional compensation if:
1) the number of persons registered for the package is less than the minimum number specified in the contract and the organiser or, where applicable, the retailer notifies the traveller of the cancellation within the period specified therein, which shall be at the latest 20 calendar days before the start of the package (for trips lasting more than 6 days), 7 calendar days before the start of the package (for trips lasting 2 and 6 days), and 48 hours before the start of the package (for trips lasting less than 2 days), or the organiser is unable to perform the contract due to unavoidable and extraordinary circumstances and the traveller is notified of the cancellation without undue delay before the start of the package
11.- Right of withdrawal:
In accordance with art. 97.1 of the TRLGDU, please note that, in the case of package travel services, the right of withdrawal will not apply, pursuant to the provisions of art. 103.
Travel, transport, meals or activities related to leisure activities are excluded from the applicable consumer regulations, in relation to the exercise of the right of withdrawal by the consumer.
Thus, and pursuant to article 103 section l) 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, the right of withdrawal will not be applicable to package travel contracts, and the consumer must assume the costs arising from the cancellation of services requested by him/her.
Only those travelers who contract a package trip outside the establishment, as defined in RDL 1/2007, of December 16, will have a period of fourteen days to exercise their right.
These are contracts entered into outside the establishment, as defined in RDL 1/2007, of December 16, and in accordance with Article 103, paragraph l) 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.
Contracts concluded with the simultaneous physical presence of the entrepreneur and the traveler and user, in a place other than the entrepreneur's commercial establishment.
Contracts in which the traveler and user has made an offer in the same circumstances as those contemplated in letter a).
Contracts concluded in the entrepreneur's commercial establishment or through the use of any means of distance communication immediately after there has been personal and individual contact with the traveler and user in a place other than the entrepreneur's commercial establishment, with the simultaneous physical presence of the entrepreneur and the traveler and user.
Contracts concluded during an excursion organized by the entrepreneur for the purpose of promoting and selling products or services to the traveler and user.
11.- Termination of the contract by the organizer or retailer.
The organizer, or where appropriate, the retailer, may cancel the package travel contract, compensating the traveler for all payments that he has made.
12.- Liability for errors in the reservation.
13.- Execution of the package trip contract.
If the proposed alternative arrangements result in a package travel of lower quality than that specified in the contract, the organiser or, where applicable, the retailer shall apply an appropriate price reduction to the traveller.
The traveller may only reject the proposed alternative arrangements if they are not comparable to what was agreed in the package travel contract or if the price reduction granted is inadequate.
14.- Insolvency of the organiser or retailer.
* Guarantee in the event of insolvency: LUXOTOUR has taken out a guarantee for protection against insolvency, with ________________ [NAME, ADDRESS AND CONTACT OF THE GUARANTEEING ENTITY] in the event that the agency incurs in insolvency.
If services are denied due to the insolvency of LUXOTOUR, travellers may contact said entity or, where appropriate, the competent authority.
15. Customer service and complaints.
Users, in the event of discrepancies or incidents with the contracted services, must manage them through the retail agency or directly to LUXOTOUR by email to the following address: [email protected], or by postal mail to LUXOTOUR Plaza Presidente Adolfo Suárez nº 10 Oficina 4. 29620 Torremolinos Málaga
Under consumer and user regulations, it is reported that LUXOTOUR is not affiliated with any consumer arbitration system, although and in compliance with the provisions of the European Commission Regulation (EU) No. 524/2013 we provide information on the RLL platform and access address ec.europa.eu/consumers/odr
16.- Protection of Personal Data.
In compliance with Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights and the European Regulation 2016/679, on the protection of natural persons with regard to the processing of personal data and the free circulation of such data, the agency and the traveller undertake to respect and comply with the regulations in force on this matter.
In order to manage reservations, LUXOTOUR requires the processing of passenger data, which has been provided by the retail agencies involved in the operation and sale of LUXOTOUR services. The purposes of this file are to properly manage the reservation and the adequate provision of the contracted services, as well as the international transfer of such data to companies organizing and providing the aforementioned services in the different destinations as they are outside the EU area.
The data will only be transferred, solely and exclusively, to third parties who are necessarily involved in the provision of services linked to the object of the contracted trip and for the same purposes as above, with safeguarding the duty of secrecy and application of the security measures required by current regulations.
You can consult our privacy and data protection policy here: ___________________
17. Delimitation of the services of the combined trip.
17.1. Luggage.
Luggage and other personal belongings of the traveller do not form part of the package travel contract, and it is understood that they are transported by the traveller himself, at his own risk and expense.
Travellers are advised to be present at all times when loading and unloading luggage. As regards air, rail, sea or river transport of luggage, the conditions of the transport companies apply, with the ticket being the binding document between the aforementioned companies and the passenger.
In the event of damage or loss, the traveller must immediately submit the appropriate claim to the transport company, completing the corresponding damage/loss of luggage report, within a maximum period of 7 days.
Likewise, in hotels, these will be responsible, in accordance with their specific regulations, for any incident related to the loss or deterioration of luggage and belongings during the period of accommodation in them. LUXOTOUR is committed to providing appropriate assistance to customers who may be affected by any of these circumstances. We recommend that travellers check with the airline itself regarding the permitted baggage allowance, as this varies from one airline to another.
17.2. Passports, visas and documentation.
All users, without exception (including children), must carry their corresponding personal and family documentation in order, whether it be a passport or ID card, in accordance with the laws of the country or countries being visited. It will be their responsibility when the trips require it to obtain visas, passports, vaccination certificates, etc.
All travelers must keep themselves informed at all times, and consult before their departure the necessary documentation to make the trip, as well as specific administrative requirements that must be completed by the destination country (migration forms), being responsible for the consequences that failure to comply with this may generate for passengers.
For this reason, it is recommended to consult the Travel Recommendations service of the Ministry of Foreign Affairs, through the Ministry's website, or for citizens of other states they should consult their embassy/consulate.
In the event that the granting of visas is rejected by any Authority, for particular reasons of the user, or their entry into the country is denied due to lack of the required requirements, or due to a defect in the required documentation, or for not being the bearer of the LUXOTOUR declines all liability for events of this nature, and any expenses incurred shall be the responsibility of the consumer, and in these circumstances the conditions and rules established for cases of voluntary withdrawal from services shall apply. All users, and especially those with a nationality other than Spanish, are also reminded that they must ensure, before starting their trip, that they have complied with all applicable visa rules and requirements in order to be able to enter without problems all the countries they are going to visit. Minors under 18 years of age must carry written permission signed by their parents or guardians, in case it may be requested by any authority.
17.2.2 Very important in passports, visas and documentation:
Some countries require that the passport of travelers have a validity period of up to 9 months from the date of stay in these countries, regardless of whether or not an entry visa is required.
That is why we strongly recommend that, if passengers have a passport that is about to expire or is going to expire before the 9-month period has elapsed, they obtain a new passport before the start of the trip to avoid any inconvenience that this may cause, LUXOTOUR is not responsible for any damages that this may cause to passengers.
17.3 People with reduced mobility
People with reduced mobility, before making a reservation, must inform the travel agency of their respective passports. LUXOTOUR is aware of this situation in order to assess the possibility and viability of booking the trip in accordance with its characteristics. In accordance with the provisions of EC Regulation 1107/2006 of 5 July on the rights of persons with disabilities or reduced mobility in air transport, a person with reduced mobility is understood to be "any person whose mobility for using transport is reduced due to physical disability (sensory or locomotor, permanent or temporary), intellectual disability or deficiency, or any other cause of disability, or due to age, and whose situation requires appropriate care and adaptation to their particular needs of the service made available to other passengers".
17.4. Information that the Retail Agency must provide to the consumer.
The consumer is informed that at the time of formalising the contract, they must receive from the Retail Agency the relevant information on the specific documentation necessary for the chosen trip, as well as advice on the optional subscription of insurance covering cancellation costs and/or assistance insurance covering repatriation costs in the event of accident, illness or death; and information on the probable risks implicit in the destination and the contracted trip, in compliance with the General Law for the Defense of Consumers and Users.
17.5 Validity.
The validity of the program will be from January 1 of the current year in which the contract is made, and is tacitly extended as long as it is published on our Website.
17.6. Blocks, issuance and reservation of air services.
17.6.1. ISSUE, CANCELLATION AND REFUND
Luxotour will consider DEFINITIVE and CONFIRMED the reservations that enter with a LOCATOR and from that moment the tickets will be ISSUED or BLOCKED immediately. From the moment of said issue, the MODIFICATION and CANCELLATION conditions of each airline involved in the reservation will apply based on the CONTRACTED FARE.
Refunds are provided by the airlines and are subject to the fare conditions. Most of the fares offered by airlines through LUXOTOUR DO NOT ALLOW REFUNDS, so IT IS RECOMMENDED TO TAKE OUT CANCELLATION INSURANCE at the time of confirmation or purchase of the reservation. Different assumptions arise depending on the circumstances of the cancellation request:
If the cancellation request is made before 8:00 p.m. on the same day of confirmation of the reservation, it can be cancelled with a full refund. Luxotour will charge an additional amount of €12/person for this concept.
If the cancellation request is made after 8:00 p.m. on the same day as the reservation confirmation, please note: o Airlines will apply their own penalties based on the booked fares. o Luxotour will manage the refund with a charge of €30/person, which is additional to the penalties of the airlines themselves.
17.6.2. AIR BLOCKS
Due to current airline regulations, no blocks are made without a previously received deposit that covers the corresponding penalties in case of non-issuance of tickets if the block is finally cancelled.
18.- Limitation of actions.
The statute of limitations for actions arising from the rights recognized by law will expire after two (2) years, a calculation that will begin on the day of the contract.
19.- Applicable jurisdiction.
The parties that contract under these general contracting conditions, submit to the Courts and Tribunals of the traveler's domicile or the domicile of the entrepreneur, at the traveler's choice, to resolve any discrepancies or claims that arise from the interpretation or execution of the package travel contract and these general conditions.
NOTES IMPORTANT - ADDITIONAL INFORMATION LUXOTOUR
Errata.- Any errors or variations in the programs will be published on our website and the Retail Agency will be informed so that it can notify the consumer of the error or variation.
The prices of the programs are obtained when making reservations for the dates detailed by the passengers and take into account: exchange rates, transportation rates at that time, fuel costs and taxes and fees applicable at that same time of reservation. Any change in them may give rise to the revision of said prices. In no case will the price be revised upwards in the twenty days prior to the departure date of the trip, with respect to requests already made.
The airport and miscellaneous taxes indicated in the programs are calculated according to the preferences of the passengers when making the reservation. If you change your reservation and it causes a change in route and/or companies, these prices will be altered. -
In some cases, some air routes will be made with airlines that do not appear on the ticket or in the reservation confirmation, due to the use of shared codes and alliances between airlines for which we cannot be held responsible. Sometimes airlines change flights for passengers without prior notification and because we do not have access to these changes as for security reasons the companies do not provide this information, it is the passengers who must notify the personnel at the destination of these changes using the contact telephone number they have in their documentation so that they can provide them with transfer services, etc. upon arrival.
Special flights are always subject to schedule changes. All times indicated in this brochure are indicative and may vary depending on the airline. Please reconfirm flights and times 72 or 48 hours before departure.
Depending on the arrival or departure time of the different hotels, even if the first meal or dinner or breakfast on the last day is indicated as included, the program will try to provide these services to customers. However, please note that generally when the first meal is included, it is provided if arrival is before 12 noon, dinner before 7 p.m. and breakfast when leaving the hotel after 08:00 hrs.
Full board or half board always corresponds to the same number of hotel nights booked in that regime unless a greater or lesser number of meals is indicated as included in the travel program itself and they will be taken in a restaurant or hotel without distinction.
In circuits with guaranteed departure, in the event that they cannot be operated for technical reasons, LUXOTOUR will give you an alternative with trips of similar characteristics or by compensating you financially. In those circuits that are not guaranteed, LUXOTOUR reserves the right, according to current regulations, to guarantee or cancel it up to 10 days before the departure of the trip if the number of passengers indicated in the contract has not been exceeded.
Some hotels may ask for your credit card as a guarantee of solvency in the event that you consume extra services. LUXOTOUR is not responsible for such credit cards.
The order of visits in the programs may be modified without prior notice, always maintaining the entire program.
LUXOTOUR is not responsible if during the organization of the programs in some cities due to special events, local holidays, etc. museums, monuments or places of cultural interest are closed.
The excursions indicated in the programs as optional, elective or suggested are not included. Optional visits are contracted and paid for at the destination and do not form part of the package travel contract. LUXOTOUR is not responsible for the services provided as it is not the organiser of the same.
Due to special events, in some cases the accommodation may be modified both in its category and in the population, which will always be communicated to the client before departure.
In programmes with dinner or lunch service, the first service will always be dinner and the last breakfast (unless otherwise indicated). Please note that in certain destinations such as Italy, dinner is only provided for arrivals before 7:00 p.m. In the rest of the destinations, dinner is served until 11:00 p.m. (in most cases it is cold dinner in the room). Drinks, unless otherwise indicated, are not included and must be paid for by the client. Lunches and dinners can be in restaurants or hotels and are generally set menus.
Double rooms can have a double bed or 2 beds. Triple rooms are usually a double room with an extra bed or sofa bed. In some cases, triple rooms are small with little space for luggage. The hotel reserves the right to provide 1 double room + 1 single room instead of the triple room. In addition, it should be noted that in some countries triple and quadruple rooms consist of two beds and can accommodate 3 or 4 people overnight.
The descriptions of services and photos of them are provided by the service providers as a guide and their services sometimes change without prior notice.
We recommend that all travelers carry the E-111 social security form.
It is the passenger's obligation to ensure that all documentation is valid, such as ID or passport, visas, etc. As a guide, we indicate the documentation required for each destination to visit. Although this information may be varied or modified by the laws of each country, it is therefore the final responsibility of the consumer to ensure that they have the documentation they need to enter other countries. At the same time, the information we gave as a guide for each destination is for Spanish citizens. Other nationalities should consult with their Embassy or Consulate.
It is very important that when making your reservation the name and first surname appear correctly as they appear on your ID or Passport. Any problem caused by this reason will be the responsibility of the passenger who must check that all the data is correct.
Transfers: In case of lost luggage upon arrival at the airport, we ask that one of the members of the reservation notify the transfer agent/driver or our representative at the destination of the incident in order to make your transfer. Failure to notify cannot guarantee the provision of the transfer. LUXOTOUR will only refund the taxi upon presentation of the invoice for the same plus the baggage irregularity report. These must be presented at the travel agency where the reservation was made.
Any problem related to flights such as delays, lost luggage, etc. It is the responsibility of the airlines, and it is essential that they make the complaint at the counters of said companies for their subsequent claim.
The staff of the wholesale agency does not have access to the boarding rooms. Sometimes flights are delayed or passengers are changed flights by the airlines. The guide, driver or staff who performs the transfers at the destination does not have this information since it is not provided by the airlines for security reasons. In this case, the passenger must contact the telephone number provided for assistance at the destination to inform them of their flight and arrival time so that they can facilitate the transfer if it is feasible or they can tell them to take a taxi, which will be paid by the passenger and reimbursed upon their return from the trip. In the event that the passenger does not contact our staff at the destination to inform them of such changes, the wholesale agency will not be responsible for the loss of said service.
Persons with disabilities who require special treatment in transport due to their use of wheelchairs or any other element that they must use for their own mobility must notify us in order to be informed whether it is possible for them to be transported with the rest of the members of said program/trip or whether it is necessary to hire special transport, the cost of which will be communicated to them and which they must pay.
Passengers with any type of disability are obliged to notify the retail agency, and the latter to notify the wholesaler, the organiser of the trip, in order to be able to inform them whether the accommodation, transport, etc. have adapted services that facilitate the normal development of the trip.
Persons accompanied by animals and guide dogs must notify in writing in their travel application the request for a transfer in conditions
Transfers may be made with a guide, transfer agent or just with the driver.
Theft: LUXOTOUR is not responsible for any losses that clients may suffer due to any crime committed during the trip or their stay at the destination. Likewise, you are informed that you must inform the administrative or police authorities of the place of destination of any incidents.
Forgotten items at destination: LUXOTOUR is not responsible for any personal items forgotten by clients at the destination. To request information on whether they are located at the destination and their subsequent delivery to your place of origin, you must contact our reception office, whose telephone number is listed in our brochures. If applicable, delivery to the place of origin will be made at the passenger's expense.