Totally Spain is the trading name for Totally Spain ltd. A fully bonded and licensed Spanish travel agent and tour operator with license number CIE 2180. See here our approval notice from September 2000 on the Spanish Government’s Official State Bulletin.
The following Booking Conditions form the basis of your contract with Totally Spain Ltd. Please read them carefully as they set out our respective rights and obligations.
PAYING FOR YOUR HOLIDAY
A contract will come into effect between the client and Totally Spain Ltd on receipt of a completed Booking Form and a minimum* non-refundable deposit of 300 euros for each person travelling which may be subject to increase depending on whether certain services require full payment at time of booking e.g. domestic flights, non-refundable hotels, etcetera or when other special supplier conditions apply. A binding contract comes into existence when we issue a confirmation invoice or confirm the booking as definite to you or your travel agent. All holidays are subject to availability. If a booking cannot be confirmed, the deposit will be returned. The balance is due 8 weeks before departure. Where the holiday cost is less than 300 euros per person, or a booking is made within 8 weeks of departure, a reservation is secured upon receipt of a completed booking form and the total holiday cost. If we do not receive all payments in full and on time, we reserve the right to treat your booking as cancelled in which case cancellation charges will be payable.
A charge of 30 euros will be made if a client's cheque has to be re-presented to their bank.
Reservations made by agents and private groups are subject to these Booking Conditions. If payment is made to an agent this is held on behalf of, and forms the basis of your contract with, Totally Spain Ltd.
Please check your confirmation documents carefully upon receipt. Contact us immediately if any information is incorrect. It may not be possible to make changes later.
* The deposit amount may on occasion be more than 300 euros where certain services require a full payment at time of booking. Your Totally Spain agent will advise you about this at time of booking.
Although we will endeavor to pass any reasonable requests onto the relevant supplier, we regret we cannot promise that any request will be complied with unless we have specifically confirmed this in writing. We do not accept the fulfillment of "special requests" as a condition for booking with us or as a reason for cancellation, refund or compensation.
PRICE OF YOUR TRIP
We guarantee that the price of your booked holiday will not be subject to any surcharges once a booking has been confirmed. We reserve the right to increase or decrease our prices at any time until the cost of your chosen holiday has been confirmed and the signed booking form and the deposit received.
We accept responsibility for ensuring the holiday you book with us is supplied as described in the proposal you received and services offered reach a reasonable standard. If any part of your contracted holiday arrangements is not provided as promised, we will pay you appropriate compensation if this has reasonably affected the enjoyment of your holiday. We accept responsibility for the acts and/or omissions of our employees, agents, suppliers and sub-contractors (providing they were at the time carrying out work authorised by us) except where death, injury or illness result.
Please note that Totally Spain cannot accept responsibility for any loss of enjoyment due to failure to read information supplied by Totally Spain or for any loss or damage to your luggage or personal property. Liability for any other loss, damage, inconvenience, delay, illness, fatal or other injury suffered by you as a result of making a reservation with us when it can be shown that Totally Spain is in breach of its contractual or other legal duty is accepted to the extent of direct losses but Totally Spain will not be liable for any special, indirect or consequential loss.
In the event of you accepting any payment from Totally Spain, where it involves responsibility of a third party, this will be made on condition that you assign your rights to us to claim in your place, and fully cooperate if we wish to enforce those rights.
· Force Majeure: We cannot accept liability or pay compensation where the performance of our contractual obligations is prevented or affected by "force majeure".
In these Booking Conditions, "force majeure “means any event we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat or war, riots, civil strife, terrorist activity, industrial dispute, natural disaster, adverse weather conditions, fire and all similar events outside our control.
IF YOU ALTER YOUR BOOKING
If you find it necessary to make an alteration to your booking that involves a change to your invoice (e.g. Transfer to a different holiday, change the dates of your departure, change the accommodation requested, etc.) once the booking has been confirmed by Totally Spain, the Company will do its best to accommodate your changes, which must be specified in writing. However, an amendment fee of 50 euros per person will be made to cover the necessary administration costs incurred.
For amendments made within 8 weeks of departure, the Company may become liable to pay its suppliers cancellation fees, so, in addition to amendment fees, the cancellation charges set out below may be charged on a pro rata basis for each day involving an amendment. If, after the holiday commences, you decide to change your holiday in any way (e.g. change accommodation or duration of stay) Totally Spain cannot accept liability for any loss, damage or additional expense and no refund will be made.
IF YOU CANCEL YOUR BOOKING
You have the option to cancel a holiday, which must be exercised in writing by the person who signed the booking form.
If you exercise your option to cancel your holiday, the following fees expressed as a percentage of the total holiday cost will apply from the date prior to the date of your departure that your written cancellation is received.
More than 56 days before departure:
29-56 days: 40% or deposit if greater
15-28 days: 50% or deposit if greater
08-14 days: 70% or deposit if greater
0 - 7 days or less: Full cost of the holiday
Cancellation fees are in many instances reclaimable (less the applicable excess) with the terms of your insurance policy.
Cancellation of individual travellers detailed on the booking form will in addition to cancellation fees mean re-invoicing the remaining travellers at prices correct for the new party size.
Please note that if the accommodation or car hire reserved is not used once the holiday has begun, there is no refund available no matter what is stated by the local hotel or car hire management.
IF WE CANCEL OR ALTER YOUR BOOKING
We reserve the right to make changes to and correct errors on our website and other publicity material both before and after bookings have been confirmed. However, we promise we will not cancel your confirmed booking less than 8 weeks before the scheduled departure unless you have failed to make all payments due in full and on time or we are forced to do so as a result of "force majeure".
In the event of any alteration to the agreed itinerary prior to departure we will make every effort to offer a suitable alternative. Most changes are minor and we will inform you as soon as possible. If we must make a significant change to a part of your trip and there is time to do so before departure, we will offer you the choice of the following options:
· accepting the changed arrangements or purchasing an alternative holiday from us, of a similar standard to that originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference)
· cancel that part of your trip and receive a refund for that part only, which shall constitute a full settlement. No further refunds or compensation will be payable.
Very rarely, we may be obliged by "force majeure" to cancel, change or terminate early your `already commenced´ holiday. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result. During the trip we reserve the right, if we consider it necessary, for any reason and at any time to alter an itinerary according to weather, force majeure, or other considerations.
Except where otherwise stated in these terms and conditions neither we nor our suppliers are liable for any loss, damage, compensation, cancellation or expense you suffer or incur or we are unable to perform our contractual obligations as a result of any event of ‘force majeure’. In these terms and conditions ‘force majeure’ means any event which we or our supplier could not, even with all due care, forsee or avoid. Such events include but are not limited to: war or threat of war, civil strife, terrorist activity, industrial dispute, strikes, natural or man-made disaster, fire, adverse weather conditions, and all similar events outside of our or our suppliers’ control.
Flight, Coach, Train, any transport schedule information provided by us is for guidance purposes only and may be subject to alteration without prior notice. It is the responsibility of all clients to re-confirm any travel arrangements they have made. Notwithstanding this, Totally Spain will make all efforts to inform clients of any changes we become aware or, prior to them travelling.
Totally Spain reserves the right to cancel a booking without any obligation to refund or make alternative arrangements, where customers fail to make payment. If the holiday is cancelled due to your failure to pay the final balance, we reserve the right to recover by any appropriate means unpaid monies due to us.
The Company also reserves the right, for any reason or at any time, to decline to accept, or to retain, any guest as a client particularly if their conduct is disruptive and affecting the enjoyment of other participants of the trip, and we shall be under no liability for any costs incurred by such a person as a result of us doing so.
INSURANCE, PASSPORT, VISA AND HEALTH REQUIREMENTS
Please note that adequate travel insurance (including medical, personal accident and repatriation in the event of illness, baggage, money and liability cover as well as loss of monies paid in the event of cancellation) is a condition of booking. A full passport is required. Non EC residents should also check visa requirements with their consulate. There are no compulsory health formalities at time of printing this brochure.
If participating in extreme sports or activities where there is a greater level of risk involved, it is also a condition of booking that your insurance covers this.
COMPLAINTS AND ARBITRATION
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform the hotel manager, local car hire representative or other supplier of the services in question. If they cannot immediately resolve your complaint to your satisfaction, you must also contact our office. The telephone and fax numbers of our office can be found on your itinerary, vouchers, and confirmation/invoices. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied you must write to us within 28 days of the end of the holiday giving full details of your complaint. We will not be responsible for complaints made to us more than one month after your holiday, or if you have not followed the procedures set out above.
Both the traveller and the organising Agency expressly agree to submit any claims, which may arise from the performance of the services to the Courts and Tribunals of Spain, and renounce any other jurisdiction.
We have taken the greatest care in the preparation of the information we provide. There may however, be occasions when a facility mentioned is either modified or temporarily unavailable due to maintenance or local weather conditions. Museums, art galleries and historic buildings or part of same can be closed due to maintenance work, industrial dispute or local holidays. These are circumstances outside our control. When we are advised of such circumstances we will of course pass on this information to you as soon as possible, however, we cannot accept responsibility for such circumstances.
Where pictures of hotel bedrooms are shown, this does not mean that every bedroom at the property will be exactly the same. Individual requests for special beds or specific views etc. are on request only and are not guaranteed unless confirmed by us in writing.
Barrio Maeda 22,
Bloque 4 - 1D, 39192
San Mames de Meruelo,
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Vitamarie Miele-Chu, Garden City, NY, USA - 3RD TRIP WITH TOTALLY SPAIN
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