LEGAL NOTICE
This following information is made available by Last Minute Express S.L.U. / Viajes.es, in order to inform all users of the website about its terms of use in regards to provided information, activities, products and diverse services, be it self offered or through third parties.
The following points are to regulate and inform about:
1. Identification of the website owner
2. Definitions
3. Privacy policy
4. Availability of the website
5. Terms of use
6. Content availability
7. Content responsibility
8. Content reproduction
9. Industrial and intellectual property
10. Security measurements
11. Protection of personal data
12. Advertisement
13. Limitation of liability
14. Partial nullity
15. Jurisdiction
16. Applicable legislation
1. Identification of the website owner
In compliance with the duty of information, Last Minute Express S.L.U. / Viajes.es (Ingo Haider) as owner of the website lmx-viajes.com (hereinafter http://www.lmxviajes.es) proceeds with communicating the following identification data:
Company name: Last Minute Express S.L.U. / Viajes.es
Cif: B76740091
Email address: info@lmx-viajes.com
Address: C / El Drago, CC HLS, local 13 - 38670 Miraverde / Adeje
The present information conforms and regulates the conditions of use, the limitations of responsibility and the obligations which the users of the website, published under the name(s) of the domain "lmx-viajes.com", accept and commit to respect.
2. Definitions
Among other terms, it is used to describe with:
"Page"; the domain(s) "lmx-viajes.com" that is made available to the Internet users.
"User"; physical or legal person that uses or navigates through the page(s) of the website.
"Content"; the assembly of all webpages that make up the entire domain, so as all information and services that the owner makes available to the Internet users. Including messages, texts, photographs, graphics, icons, logos, technology, links, textures, drawings, sound and / or image files, recordings, software, appearance, graphic design and source codes and in general, any kind of material contained in these webpages.
"Web"; technical word that describes the system of access to information provided via the Internet, which is configured through webpages made with HTML, ASP, or similar languages and programming mechanisms such as Java, Javascript, PHP, or others. The designed and published webpages under the domain name is the outcome of information, which the owner makes available to the Internet users.
"Links"; a technique by which a User can navigate through different pages of the website, by making a simple click on a text, icon, button or sign that contains the respective link.
"Cookies"; Technical means for traceability and monitoring of navigation on webpages, consisting of small text files that are written on the User's computer.
3. Privacy Policy
Through this website, no personal data of the Users is collected without their knowledge, nor will be transferred to third parties.
In order to achieve a better user experience, the number of pages visited, the number of visits, as well as the activity of visitors and their frequency of use are analyzed. For these purposes, Last Minute Express S.L.U. / Viajes.es uses statistical information provided to them by the Internet service provider.
Last Minute Express S.L.U. / Viajes.es does not use cookies to collect information from users, nor does it register the User's IP address. In case cookies are utilized, the user will be informed about it, when accessing the website.
Last Minute Express S.L.U. / Viajes.es its website / portal does contain links to third party websites, whose privacy policies are not necessarily aligned with the ones of Last Minute Express S.L.U. By accessing such websites, the User decides by him/herself if to accept their privacy and cookies policies. Generally, when browsing through the Internet, the User can accept or reject third-party cookies depending on the configuration options of his/her browser.
4. Availability of the website
The owner does not guarantee the absence of interruptions or errors while accessing the page(s) of the website or its contents, nor that these are frequently updated. However, best efforts in development are constantly brought up, to avoid, correct or update them. Therefore, the owner is not responsible for any damages or losses of any kind occuring to the User, produced by failures or disconnections in the telecommunications networks, leading to the suspension, cancellation or interruption of the website and its service.
The owner excludes, with the exceptions contemplated in the current legislation, any liability for damages of any kind and non-compliance with the User's service expectation, which may occur due to the lack of availability, continuity or quality of the website operation and its content.
Access to the website does not imply an obligation on part of the owner, to control the absence of viruses, worms or any other harmful computer elements. The User should, in any case, use suitable tools for detecting harmful computer elements while browsing the website. Therefore, the owner is not responsible for possible security errors that may occur during the provision of the service of the website, nor for possible damages that may be caused to the computer system of the user or third parties (hardware and software), files or documents stored therein, as a consequence of the presence of viruses on the user's computer. The User is obliged to assure having updated his/her Webbrowser at any time in order to prevent such type of damage to his/her system or data.
5. Terms of use
The solely and merely use of the website, whether it be a natural or legal person, implies the complete, full and unreserved acceptance of each and every clause and general conditions included in this legal notice. If the User does not agree with the clauses and conditions of use of this legal notice, he may refrain from using this website.
This legal notice is subject to changes and updates so that the version published by the owner may be different at each time, the User accesses the portal. Therefore, the User must read the legal notice in each and every occasion when accessing the website.
Through this website, the owner provides Users with access and the use of various content published in the Internet by the owner or through authorized third parties.
The User is obliged and agrees to use the website and its content in accordance with current legislation, the legal notice, and any other notice or instructions put to his knowledge, either by means of this legal notice or in any other place within of the content that makes up the website, as well as the rules of coexistence, morality and generally accepted good practices.
To that effect, the User is obliged to not use any of the content for any illegal purposes or purposes prohibited within this legal notice, or by current legislation, being harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the content, computer equipment or documents, files and all kinds of content stored on any computer equipment owned or contracted by the owner, other Users or any Internet user (hardware and software).
6. Content availability
The service of the website and its content in principle persits of indefinite duration. The owner, however, may terminate or suspend the provision of the service of the page and/or any of the content at any time.
7. Content responsibility
Any links appearing on this website are for information purpose only and exclusively serve to inform the User about the existence of other websites containing relevant information on the subject. This is not a suggestion or recommendation.
The owner is not responsible for the legality of third-party websites from which this portal can be accessed. Nor is he responsible for the legality of third party websites, which may be linked and accessed from this website.
The owner is not responsible for any content of these linked pages, the operation, usefulness or result of the hyperlinks, nor guarantees the absence of viruses or other harmful elements within, that may produce alterations in the computer system (hardware and software), documents or files of the User. The owner disclaims any responsibility for any damages to the User caused by any of these reasons.
8. Content reproduction
The User undertakes to not transmit, disseminate or make available any kind of material contained on this website to third parties, such as information, texts, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, logos, brands, icons, technology, software, links, graphic design, source codes, or any other material to which he had access as User of the website, without this list having a limiting character.
Also, in accordance with this, the User may not:
- Reproduce, copy, distribute, or in any other way make available, communicate in public, transform or modify the content, unless having perceived the written and explicit authorization of the owner, who is responsible for the corresponding rights, unless it is generelly legally permitted.
- Delete, manipulate or in any way alter the "copyright" and identifying data of the reserved rights of the owner or its owners, fingerprints and/or digital identifiers, or any other technical means established for its recognition.
The User must refrain from obtaining and even attempting to obtain them content using means or procedures other than those that, according to a specific case, have been made available to him/her or have been indicated in the pages of the website, generally speaking, those that are usually used on the Internet for this purpose, providing that they do not entail a risk of damage or disable the website and/or of its content.
9. Industrial and intellectual property
All intellectual and industrial property rights that have patrimonial or exploitation character, for any purpose and for any modality of use, are recognized by the law of intellectual property and legislation of industrial property. Including the ability to make corresponding entries and registrations for obtaining or protecting those rights ('intellectual and industrial property rights').
The use of all industrial property rights for commercial purposes and their distribution, modification, or decompilation is strictly prohibited.
All designations, designs and/or logos, as well as all products and services offered and reflected in this website are trademarks or property of Last Minute Express S.L.U. / Viajes.es, or from third parties. It is not allowed to use them by persons other than their legitimate owners and without their consent.
The User must respect the intellectual property rights and trademarks of third parties, who solely are responsible for the use of them.
Any infringement of any of these rights may constitute a violation of these provisions, as well as an offense, punished in accordance with Spanish legislation.
10. Security measurements
The owner has adopted the security levels for protection of personal data legally required and tries to optimize them by additionally installed technical measures in order to prevent from loss, misuse, alteration, unauthorized access and theft of the personal data provided. The owner shall not be held liable for any damage or loss resulting from any disruption, omission, interruption, computer virus, telephone failure or interruption of operation of the electronic system due to causes (eg. delays or blockages in the use of the electronic system due to faults or overloads of telephone lines, the internet or overloads in the data processing center) to which the owner has no influence. This also applies to damages caused by third parties, through unlawful interference outside the control of the owner. However, the user must be aware that any security measurement are not impregnable.
11. Protection of personal data
While browsing through the Web, personal data might be requested through various web forms or by email. Depending on the specific purpose, this data will be part of the relevant files with its motive of collecting the same, which will be informed about, at the time of gathering. The particular information of each data processing will be provided along with the web forms or email, within its file in a common way by Last Minute Express S.L.U. / Viajes.es.
In accordance with the rights conferred by the current legislation of data protection, the User pertains rights of access, rectification, limitation of treatment, deletion, portability and opposition to the processing of his/her personal data, as well as to give his/her consent of treatment. Any requests are to be directed to: Last Minute Express S.L.U. / Viajes.es REF: Protección de Datos con domicilio en C/ El Drago - 38670 Adejeo al correo electrónico info @ lmx-viajes.com
Anyone has the right of obtaining a confirmation on whether Last Minute Express S.L.U. / Viajes.es are dealing with his/her personal data, or not. Interested persons have the right to access their personal data, request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data no longer is necessary for its original purpose of collection.
In certain circumstances, and for reasons related to their particular situation, interested parties may request the limitation or opposition of the processing of their data, in which case Last Minute Express S.L.U. / Viajes.es will only keep them, for compelling legitimate reasons, compliance with any current regulations imposed by the administration, or the exercise or defense of possible claims.
For more information about the processing of personal data, please visit the website: http://lmx-viajes.avisolegal.info/.
12. Advertisement
Parts of the website may contain or are sponsored through advertisements. The advertisers and sponsors themselves are solely responsible for ensuring, that the material submitted for inclusion in the website complies with the laws that may apply in each case. Last Minute Express S.L.U. / Viajes.es is not responsible for any error, inaccuracy or irregularity that the advertisements or sponsors may contain.
In case of any complaints regarding the advertising content on this website, please contact us at the following e-mail address: info @ lmx-viajes.com
13. Limitation of liability
The owner excludes all responsibility for the decisions that the User may make based on this information, as well as for possible typographical errors that may be contained in the documents and graphics of the website. Regular changes to the submitted information and website content require no prior notice, such as their extension, improvement, correction or update.
The website may contain third-party advertising and / or its links. Last Minute Express S.L.U. / Viajes.es in that case is not responsible for the services that these third parties offer, nor for the particular or general conditions that accompany with them.
The owner is not responsible for the accuracy and veracity of any information that is not prepared by him or herself and from any other source, and therefore does not assume any responsibility whatsoever for hypothetical damages that may arise from the use of such information. Last Minute Express S.L.U. / Viajes.es reserves its rights to update, modify or delete the information contained in the page(s) of the website and may even limit or not allow access to some information. Last Minute Express S.L.U. / Viajes.es is not liable for errors, defects or omissions incurred to the user by third party sources.
14. Partial nullity
If any of the terms and conditions listed here are not in compliance with the law and therefore invalid, it will not affect the remaining terms that are in accordance with the law. In that case, both parties agree to renegotiate the invalid clauses or terms of use, including the rest of the valid conditions.
15. Jurisdiction
For any questions arising on the interpretation, application and compliance with this Legal Notice, as well as the claims that may arise from its use, all parties involved submit to the Judges and Tribunals of S / C de Tenerife, expressly renouncing any other jurisdiction that may correspond to them.
16. Applicable legislation
The Legal Notice is governed by Spanish law.
All copyrights are reserved by international intellectual property laws and treaties. It is expressly forbidden to copy, reproduce or disseminate them, in whole or in part, by any means.
COOKIES POLICY
What are cookies on your computer good for?
Also known as browser cookies or tracking cookies, cookies are small text files, often encrypted and are located in the browser directories. Website developers use them to allow their users to navigate more easily and develop certain functions. Due to their central role when it comes to increasing and allowing certain processes of various websites, disabling cookies may will exclude users from the use of certain web pages.
Cookies are created when a user's browser loads a specific page. This page sends information to the browser, which then creates a text file. Each time the user returns to the same page, the browser retrieves this file and sends it to the server of the page. The website that the user is visiting is not the only one that creates the cookies, but also other websites that develop ads, tools or other elements present in the page that is being loaded. These cookies regulate how ads should appear or how the tools and other elements of the website work.
Most common and available browsers allow their users to configure if they wish to accept cookies and which ones specificly. These settings are usually to be found in the 'Options' or 'Preferences' menu of your browser.
The following instructions are to configure cookies in all common browsers. These instructions are only indicative and can be changed at any time by those responsible for them:
- Chrome: Settings -> Advanced options -> Privacy -> Content settings.
For more information, please check Google support or browser Help.
- Firefox: Tools -> Options -> Privacy -> History -> Custom Settings.
For more information, please check Mozilla support or browser Help.
- Internet Explorer: Tools -> Internet Options -> Privacy -> Configuration.
For more information, please consult Microsoft support or browser Help.
- Safari: Preferences -> Security.
For more information, please check Apple support or browser Help.
Why do we use Cokies?
To personalize the user experience within our websites, identify and remember the registered user and facilitate a better navigation.
It is important to highlight that the use of cookies does not provide any personal data of the user, consequently the face of the owner remains anonymous.
If you have any questions, please also consult our LEGAL NOTICE or contact us directly through the email address indicated therein.
What types of cookies are used on this website?
Cookies, depending on their permanence, can be divided into session or permanent cookies. The first ones expire when the user closes the browser. The second ones expire in their function when the objective for which they serve is fulfilled (e.g. a website is always shown in the same language) or when they are manually deleted.
Additionally, depending on their purpose, Cookies can be classified as follows:
- Geolocation cookies: Are those used to find out in which country you are located in when a web or service is requested. This Cookie is completely anonymous and is only utilized to help with guiding the right content according to your location.
- Technical cookies: Are those that allow the user to navigate through a web page, platform or application and the use of different options or services that exist in the same. For example, control traffic and data communication, identify the session, access restricted access parts, remember the elements that make up an order, perform the purchase process of an order, make the application for registration or participation in an event, use security elements during navigation, store content for the broadcast videos or sound or share content through social networks.
- Personalization cookies: Are those that allow the user to access the service with some predefined general characteristics based on a series of criteria in the user's terminal, such as his/her language, the type of browser through which the user accesses the service, the regional configuration from where he/she access the service, etc.
- Advertising cookies: Are those that, whether processed by us or by third parties, allow us to manage the offer within the advertising space on the website in the most efficient way, adapting the content of the advertisement to the content of the requested service or to the use you make of our website. Hereby your browsing habits on the Internet are analyzed so we can show you advertisements related to your browsing profile.
- Behavioral advertising cookies: Are those that allow the management, in the most efficient way possible, of the advertising spaces that, if applicable, the editor has included in a web page, application or platform from which it provides the requested service. These cookies store information on the behavior of users obtained through a continuous observation of their browsing habits, which allows the development of a specific profile and to display advertisement based upon.
- Registration cookies: Are those generated once the user has registered or subsequently opened his/her session. They are used to identify him/her within the web and services with the following objectives:
- Keeping the user identified so that, if a service or website closes, the browser or computer at another time or another day enters the service or website again, will remain identified and can continue its navigation without having to re-identify itself. This functionality can be deleted if the user presses the "Exit" functionality, so that this Cookie is deleted and the next time it enters the web the user will have to log in to be identified.
- Check if the user is authorized to access certain services, for example, access to the area of registered users.
- Some services may use third-party connectors such as Facebook, Twitter or Google. When the user registers in a service with credentials of a social network or identification system of third parties, he/she authorizes the same to keep a persistent cookie that remembers his/her identity and guarantees access to the web until it expires. The user can delete this cookie and revoke access to the website through social networks or third party identification systems, when updating their preferences in the specific social network.
Analytics Cookies: Each time a user visits a website or service, a tool from an external provider (e.g. Google Analytics) generates an analytical cookie on the user's device. This cookie is only generated during his/her visit and will serve for future visits to identify the visitor anonymously. The main objectives pursued herein are:
- Allow the anonymous identification of navigating users through the "Cookie" (it identifies browsers and devices, not people) and therefore the approximate count of the number of visitors and their trend over time.
- Identify anonymously the most visited contents and consequently what is more attractive for users
- Get to know if the user who is accessing is new or a repeating visitor.
When using this website, the User expressly accepts and agrees into the treatment of his/her information collected in the manner and for the purposes mentioned above. He/she also acknowledges the possibility of rejecting the processing of such data or information, by rejecting the use of Cookies through the selection of the appropriate configuration for this purpose in his/her browser. Although this option to block cookies in your browser may not allow a full use of all the functionality of the Website.
Important: Cookies will never be associated with any personal data that can identify you.
Travel Conditions - General Terms and Conditions (T&Cs) of Last Minute Express S.L.U / Viajes.es
1. Contract conclusion
By registering, the customer agrees into allowing the tour operator to offering him/her a binding travel conclusion. A registration can be made either in writing by email, fax, the internet, as well as verbally in person or by phone. The registration by the applicant shall also occur to be carried out for all participants listed within the travel conclusion, for whose contractual obligation the applicant to the same extent is responsible, as he/she is for his/her own obligations, presuming he/she has accepted a corresponding separate explicit declaration.
The travel agreement is concluded with the acceptance by the tour operator. Its acceptance does not require of any specific form. With or immediately after the conclusion of the travel agreement, the tour operator will hand over the travel confirmation to the customer. In case of a deviation between the travel confirmation and the content of the travel agreement, a new offer will be provided by the tour operator, valid and limited to a period of 10 days. The travel agreement is concluded on the basis of the new offer, if the customer declares its acceptance towards the tour operator within the above stated period.
The customer declares his consent, that all contract-related communication can take place in unencrypted electronic form, in particular by e-mail. Furthermore he/she is responsible for an immediate notification in case of a change to his/her e-mail address and the regular monitoring of all e-mail traffic within the communicated e-mail account.
2. Services, Pricing and Service amendments
Which services contractually are agreed on, exclusively results from the service description in the authoritative tender, in particular online hotel tenders and its reference in the related travel confirmation. The information contained in the tender is binding to the tour operator. However, the tour operator expressly reserves himself the right to declare a change of the service description prior to the conclusion of the contract, which of course the customer will be informed of in advance.
Exclusively hotel- and service descriptions of the tour operator Last Minute Express S.L.U / Viajes.es can be taken as a valid and binding service description and authoritative tender. Third-party descriptions, such as hotel guides as a service description are not agreed on, unless the tour operator explicitly refers and marks them as such (external). Any additional requests and agreements that change, extend or restrict the scope or content of the contractual services and special requests require a written confirmation by the tour operator.
The tour operator reserves its rights to a possible change of flight times, the routing (including stopovers), the aircraft/vessel and the name of the carrier (also on short notice) and will immediately inform the customer of any change. The tour operator explicitly points out to direct flights not necessarily being "non-stop flights" and may in particular to also include stopovers. In order to benefit from child discounts, the actual children's age on the travel date is decisive. Regardless of any possible child discounts, at the time of the booking each accompanying child must be indicated with the age of the child it precisely has on the return date.
The extent of the child discount results from the respective terms within the service description. Within the context of a package tour, children under the age of two will be transported on board the airplane with no right of a seat, providing that each child is being accompanied by an adult.
Changes or deviations of any individual travel service within the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not brought by the tour operator against good faith, are only permitted if the changes or deviations are not of significant nature and do not affect the overall layout of the booked travel service. A change of the flight times is significant, if not only the initial day of carriage is affected by the change. Any warranty claims remain unaffected, as far as the change services are flawed. The tour operator is obliged to notify the customer immediately about any deviations or changes in service.
In the event of a substantial change of a significant travel service, the customer is entitled to withdraw himself from the service contract at no cost or to request his/her participation in an equivalent trip, unless the tour operator is capable to offer such travel service at no additional charge to the customer from its own range of offerings. The customer must assert these rights immediately after the tour operator has declared the change of the initial booked travel service.
3. Cancellation by the customer, Rebooking, Substitute persons
The customer has the right to withdraw from the journey at any time prior to the departure date. Decisive is the access of the declaration of resignation at the tour operator. The resignation of the customer must be declared in writing.
If the customer withdraws from the travel contract or does not start the journey, the tour operator may demand a compensation made for the travel arrangements and for its expenses. A compensation claim which the tour operator can assert results from the following structure.
It is expressly indicated that the tour operator compiles its travel packages according to the "packaging" principle. Here, the travel packages include services of individual service providers, which are combined in the event of booking a travel package. In particular, specific tariffs of airline suppliers are utilised, which usually are not or only for high fees rebookable or refundable. This also applies if the customer excusively books a flight or a hotel with the tour operator. According to these peculiarities of the booked "package" tour, the following cancellation conditions do apply:
Travel packages including flights:
The reimbursement of amounts paid by the customer is subject to the respective contract and cancellation conditions of the service providers with which the tour operator has concluded the corresponding services in the travel package. The tour operator may deduct these amounts off the paid travel price. In addition, the tour operator will charge a processing fee of € 50 per person / traveler.
Flights only:
Any refunds are determined by the respective airlines and are subject to their conditions of the respective tariffs. Most fares offered by airlines through the tour operator do not allow for reimbursement. The tour operator may deduct or withhold these amounts from the paid travel price. In addition, the tour operator will charge a processing fee of € 20 per person / traveler.
Hotels only:
Any refunds are determined by the respective hotel providers and are subject to their terms and conditions. The tour operator may deduct or withhold these amounts from the paid travel price. In addition, the tour operator will charge a processing fee of € 10 per person / traveler.
Rental cars only:
Any refunds are determined by the respective rental car providers and are subject to their terms and conditions. The tour operator may deduct or withhold these amounts from the paid travel price. In addition, the tour operator will charge a processing fee of € 10 per person / traveler.
Activities and transfers:
Any refunds are determined by the respective service providers and are subject to their terms and conditions. Most tariffs offered by the respective service providers are non-refundable. In addition, the tour operator will charge a processing fee of € 30 per transaction.
Any types of travel not being mentioned here, are treated with regard to their consequences of withdrawal in accordance with the principles associated in their travel conditions. Any amendments of the booked trip on request of the travel applicant, as far as a flight also is subject of the travel contract, with regard to the travel date, the destination, the mode of transport and the departure airport, is not possible.
In order to rebook, a prerequisite always remains that the desired change of service according to the program of the tour operator, or according to the offering of its service providers generally is possible. A general claim for a rebooking does not exist. Rebooking costs amount to the resulting additional costs incurred for the tour operator plus a processing fee of € 30.00 per traveler.
Up to 5 days prior to the departure date, the traveler can demand a “name change”, so a third party person will enter into his/her rights and obligations of the travel contract. However, the tour operator may disagree to the entry of the third party person, in case special travel requirements are required or if his/her participation is precluded by statutory regulations or official orders.
If a third party person enters into the travel contract, he/she and the traveler will be held liable by the tour operator as joint and several debtor for all costs of travel and any additional costs arising from his/her entry, which on request can be notified in a binding manner. A processing fee of € 30.00 per participant will be charged by the tour operator plus any possible additional costs that may will occur. In the event of a cancellation, the tour operator can demand the reimbursement of the actually arisen extra costs from the customer. The tour operator expressly recommends the conclusion of a travel cancellation insurance.
4. Resignation and Termination by the Tour operator
The tour operator can withdraw from the travel contract in the following cases prior to departure or terminate the travel contract after the commencement of travel, without observing a deadline, if the traveler disturbs the execution of the journey despite a warning from the tour operator or if he/she behaves in breach of the travel contract to such an extent that the immediate cancellation of the contract is justified. In case of a termination by the tour operator, he shall retain its claim on the tour price, but agrees to value the saved expenses as well as the benefits he may derives from any other use of the unused services by the customer, including the amounts credited to him by the service providers.
5. Duty of cooperation by the traveler, Performance disruptions
The traveler is responsible for his/her timely arrival to the point of departure.
For air travel, the traveler must arrive at the airport at least 2 hours prior to the scheduled departure time. When planning his/her journey to the point of departure, possible delays (eg. congestion) or in case of arrivals by train (such as rail & fly), transportation delays must be considered.
The traveler is obliged to cooperate in the event of performance disruptions within the framework of statutory provisions, to avoid any possible damage or to minimize it. In particular, the traveler is obliged to immediately notify the local tour operator or local agency about his/her complaints. Those are to provide remedy, if possible. If the traveler culpably fails to report a defect, the claim for reduction does not apply.
Any claims according to the regulation No. 261/2004 of the European Parliament and the Council of 11.02.2004 deliberating common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights are governed by Article 4 (3) and Article 5 (1)(c) shall be demanded exclusively to the operating air carrier and not against the tour operator. Consequently, they must be asserted directly against the operating air carrier.
6. Passport, Visa, Health and other Country-specific regulations
The tour operator shall be responsible for informing citizens of the country in which the journey is taking place, about passport, visa and health regulations as well as any changes they may be effected by, prior to the departure date. For citizens of other countries, the responsible consulate will provide all necessary information.
The tour operator can not be held liable for the timely issuance and access of necessary visas by the respective diplomatic representation, if the traveler has instructed the tour operator with its procurement, unless the tour operator is responsible for the delay.
The tour operator expressly points out, that in some travel destinations, deviating hotel rates exist for accommodation guests who have their permanent residence in the respective country. Therefore, the prices offered by the tour operator exclusively are valid for customers having their permanent residence in Spain or are in possession of a valid residence permit for the specific countries. The tour operator has no influence on these provisions. For travelers having a permanent residence outside of these countries, additional costs may occur or the hotel admission can be refused.
The traveler is responsible for ensuring compliance of all important regulations for the execution of his/her journey. All disadvantages, in particular the payment of cancellation costs, which arise from neglectance and non-compliance with these regulations, are at his expense.
Valid as of May, 25th 2020
