Travel contract

Momentos Wine, S.L.U, TAX IDENTIFICATION NUMBER B70721030, Calle San Martín 29 -2 C 47003 Valladolid and the client have agreed as follows:

To carry out the package travel by the name of EL CAVINO under the terms of the Services Contracted document, which is included as a schedule to this contract, or any modifications thereof in the terms of successive Services Contracted documents or other schedules that may, where applicable, form part of the present contract, where documents with the most recent date shall take precedence over those with an earlier date, where applicable, and subject to the general conditions that are also attached; all such documents form part of this contract for all intents and purposes, in addition to the contents of the programme and the additional information contained therein.

Data protection

The client guarantees the truthfulness of the personal data provided to purchase the services, and states that they have the express consent of all other parties whose data they have provided for the processing described in this section and have given such parties the relevant data protection information.

Under the terms of current data protection legislation, the data you have given us will be included in a file held by MOMENTOS WINE, SLU for the purpose of managing the services contracted, even when the commercial relationship has ceased, until you withdraw your consent, request the cancellation of your data, or object to its processing.

To manage the purposes inherent to performing and complying with the subject matter of the contract, it may be necessary, for the provision of the service, to disclose your data to the service providers who are obliged to use the data, solely and exclusively for the performance of the subject matter of the contract. These providers, depending on the country of destination of your trip, may be in third countries, which will require international transfer of data.

The data subject may exercise the rights of access to their personal data, request the rectification of inaccurate data, erasure, objection to and restriction of processing of their personal data, in which case, the data will be kept only for the exercise or defence of legal claims.

Wherever technically feasible, you may request portability of your data to another controller. To exercise these rights under the terms of current legislation, you may send an email to nines@elcavino.es with proof of your identity.

Further information about our data protection is available at:

https://elcavino.es/en/privacy-policy/

GENERAL CONDITIONS OF THE PACKAGE TRAVEL CONTRACT

Under the terms of these General Conditions, the programme is the information document to which they are attached. The Programme is the description of the package contained in the Services Contracted document attached as a schedule to this package travel contract, and is the subject matter thereof.

1. LEGISLATION APPLICABLE TO THE PACKAGE TRAVEL CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS

These General Conditions are subject to the terms of Legislative Royal Decree 1/2007, of 16 November, passing the consolidated text of the General Law on Consumers and Users and other complementary laws (BOE – Official Spanish Gazette – 30-11-07), its amendments, and other provisions in force.

2. ORGANISATION

This package has been organised by the Organiser who is identified as such on the first page of this contract.

3. PRICE

3.1 Price of the Package

The price of the Package includes all the services and accessories specified in the programme contracted and which are expressly included in the package travel contract, in addition to Value Added Tax (VAT).

3.2. Price revisions

The price of the package has been calculated based on the exchange rates, transport fares, cost of fuel and other sources of energy, and fees and taxes applicable on the date of publication of the programme or on subsequent dates when the prices have been made publicly known, where applicable.

Any variation in the price of such items may result in upward or downward revision of the final price of the package after the contract has been concluded, strictly for the amount of such variations.

After the contract has been concluded, the prices may be revised upwards or downwards as a direct consequence of changes in:

The price of the carriage of passengers resulting from the cost of fuel or other power sources.

the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports.
the exchange rates applicable to the package.

Similarly, the traveller will be entitled to a price reduction corresponding to any decrease in the costs referred to that occurs after the conclusion of the contract before the start of the package. In the event of a price decrease, the organiser shall have the right to deduct actual administrative expenses from the refund owed to the traveller. At the traveller’s request, the organiser shall provide proof of those administrative expenses.

The traveller will be informed of alterations in the price clearly and comprehensibly, with a justification for the alteration and a calculation, on a durable medium, at the latest 20 days before the start of the package. Any such alteration of the price will be calculated by adding the increase to the price of the package or deducting the decrease from the price of the package.

If the aforementioned price increase exceeds 8% of the total price of the package, the traveller may, within a reasonable period specified by the organiser, accept the proposed change or terminate the contract without paying a termination fee.

3.3. Exclusions

3.3.1. The price of the Package does not include:

In general, any service that is not specifically detailed in the programme, in the package travel contract.

The price does not include medical travel insurance or cancellation insurance. Neither does it include any additional fees that may be charged by any of the accommodation establishments and wineries or restaurants for additional services requested by the traveller.

4. METHOD OF PAYMENT. REGISTRATIONS AND REFUNDS

When the services are requested, MOMENTOS WINE, SLU will require a payment on account that will not exceed 40% of the total amount of the package, unless the service providers require a higher payment on account. The corresponding receipt will be issued, specifying the amount paid on account by the consumer and the package requested. The remainder must be paid according to the timing of the payments established, and in all cases, before the delivery of the travel vouchers or documents, and must be completed in sufficient time before the departure date.

If payment of the total price of the trip is not made under these conditions, it will be understood that the consumer has withdrawn from the trip requested, and the conditions set forth in the following section shall apply.

All allowable refunds for any cause shall always be made through MOMENTOS WINE, SLU, and no refund will be made for services voluntarily unused by the consumer.

5. WITHDRAWAL BY THE CONSUMER, TRANSFERS OF THE CONTRACT AND CANCELLATION OF THE PACKAGE AS A RESULT OF NOT REACHING THE MINIMUM NUMBER OF PERSONS ENROLLED OR FOR UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES

If the traveller is unable to travel on the date initially established, they may change the date of their trip, free of charge, if there are places available in the group for the new date requested.

Notice of this must be given 45 days before of the start of the trip.

CANCELLATION POLICY.

A fee will be deducted for cancellations as follows:

- 10% of the total amount of the trip if the cancellation is made within 44 to 30 days before the trip.
- 20% of the total amount of the trip if the cancellation is made within 29 to 15 days before the trip.
- 40% of the total amount of the trip if the cancellation is made within 14 to 7 days before the trip.
- 60% of the total amount of the trip if the cancellation is made within 6 days to 72 hours before the trip.
- 100% of the total amount of the trip if the cancellation is made within 72 hours or less before the trip.
In addition, compensation must be to paid Momentos Wine, SLU by way of administrative expenses for the cancellation of the travel services (€50 per person).

No-show at the time of departure will not give rise to any refund of the amount paid.

Notwithstanding the foregoing, in the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its vicinity that significantly affect the performance of the package or the carriage of passengers to the destination, the traveller shall have the right to terminate the package travel contract before the start of the package without paying a termination fee. In this case, the traveller shall be entitled to a full refund of any payments made for the package, but shall not be entitled to additional compensation.

The traveller may transfer the package travel contract to a person who satisfies all the conditions applicable to that contract after giving the organiser notice on a durable medium, at the latest seven days before the start of the package. The transferor of the package travel contract and the transferee shall be jointly and severally liable to the Travel Agency for the payment of the balance due and for any additional fees, charges or other costs arising from the transfer. The organiser shall inform the transferor about the actual costs of the transfer. Those costs shall not be unreasonable and shall not, in any case, exceed the actual cost incurred by the organiser due to the transfer.

The organiser may terminate the package travel contract and provide the traveller with a full refund of any payments made, but shall not be liable for additional compensation, if the organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller of the termination of the contract without undue delay before the start of the package, or if the number of persons enrolled for the package is less than 15 and the organiser notifies the traveller of the termination of the contract within the following period:

Twenty days before the start of the package.

6. ALTERATIONS

The Agency undertakes to provide its clients with all the services contracted, with the conditions and characteristics stipulated, in accordance with the following points:

Apart from the cases for altering the price governed under 3.2 above, the organiser reserves the right to unilaterally modify any other clauses of the present contract providing the change is insignificant and the organiser informs the traveller of the change in a clear, comprehensible and prominent manner on a durable medium.
If, before the start of the package, the organiser is constrained to alter significantly any of the main characteristics, cannot fulfil any of the special requirements of the traveller previously accepted, or proposes to increase the price of the package by more than 8% in accordance with point 3 above, the traveller may within a reasonable period specified by the organiser, accept the proposed change or terminate the contract without paying a termination fee.
If the traveller terminates the package travel contract, the traveller may accept a trip on another date providing there are enough places.
The organiser shall without undue delay inform the traveller in a clear, comprehensible and prominent manner on a durable medium of:
- the impact on the price of the package when the alteration results in a package of lower quality or cost.
- a reasonable period within which the traveller has to inform the organiser of their decision.
- information that if the traveller does not give notice of their decision in the period indicated in the previous paragraph it will be understood that they have chosen to terminate the contract without paying a termination fee.
If the package travel contract is terminated before it starts without payment of a termination fee pursuant to point 6 (b), or the traveller does not accept a substitute package, the organiser shall refund all payments made by or on behalf of the traveller without undue delay and in any event not later than 14 days after the contract is terminated. The terms of point 9 shall also apply.
Under no circumstances will anything not included in the package travel contract (e.g., tickets of carriage from the place of origin of the passenger to the point of departure of the trip, or vice versa, hotel bookings on the days before or after the trip, etc.) be the responsibility of the Organiser, who is not obliged to provide compensation for any expenses for independent services if the trip is cancelled for any of the grounds for liability waiver for damages set forth in point 9.

7. OBLIGATION OF THE CONSUMER TO INFORM OF ANY LACK OF CONFORMITY DURING THE PERFORMANCE OF THE CONTRACT

The traveller must inform the organiser without undue delay, taking into account the circumstances of the case, of any lack of conformity they perceive during the performance of a travel service included in the contract.

8. LIMITATION PERIOD FOR LEGAL ACTIONS

Notwithstanding the terms of the preceding point, the limitation period for legal actions resulting from the rights recognised in Legislative Royal Decree 1/2007, of 16 November (BOE – Official Spanish Gazette 30-11-07) and its amendments shall be two years, pursuant to Article 169 of this same Royal Decree.

9. LIABILITY

9.1 General

The package organiser will be liable to the traveller for the proper performance of the travel services included in the contract with regard to the obligations that correspond to the organiser for their respective area of management of the package, irrespective of whether the obligations under the contract are to be performed by the organiser or by other service providers. Notwithstanding the foregoing, the traveller may address claims for non-performance or improper performance of the services involved in the package either to organisers or retailers, who shall be obliged to provide information about the existing liability system, process the claim directly or forward it to the corresponding party responsible for the specific area of management, and inform the traveller about the progress of the claim even though it is beyond their area of management. The organiser states that its functions are to organise and perform the package.

The traveller will be entitled to an appropriate price reduction for any period during which there is a lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveller.

The traveller shall be entitled to receive appropriate compensation from the organiser for any damage which the traveller sustains as a result of any lack of conformity. Compensation shall be made without undue delay.

The traveller shall not be entitled to compensation for damages if the organiser proves that the lack of conformity is:

attributable to the traveller;
attributable to a third party unconnected with the provision of the travel services included in the package travel contract and is unforeseeable or unavoidable; or
due to unavoidable and extraordinary circumstances.

9.2. Communication and obligation to provide assistance

The traveller may address messages, requests or complaints in relation to the performance of the package and the organiser shall provide appropriate assistance without undue delay to the traveller in difficulty, especially in the case of unavoidable and extraordinary circumstances, by:

providing appropriate information on health services, local authorities and consular assistance.
assisting the traveller to make distance communications and helping the traveller to find alternative travel arrangements.

The organiser may charge a reasonable fee for such assistance if the difficulty is caused intentionally by the traveller or through the traveller’s negligence. That fee shall not in any event exceed the actual costs incurred by the organiser.

9.3. Limit on compensation for damages

With regard to the limit of the extent and/or conditions of payment of compensation by the providers of travel services included in the package, the provisions of the international conventions binding the European Union shall apply. In other cases, with the exclusion of personal injury or damage caused intentionally or with negligence, the compensation will have a limit of three times the total price of the package.

The compensation or price reduction granted under Legislative Royal Decree 1/2007, of 16 November (BOE – Official Spanish Gazette 30-11-07), Community Regulations 261/2004, 1371/2007, 392/2009, 1177/2010, 181/2001 and international conventions shall be deducted from each other in order to avoid overcompensation.

10. DEFINITION OF THE PACKAGE SERVICES

10.1. Hotels

General

The quality and content of the services provided by the hotel will be determined by the official tourist category, if any, assigned by the competent body of the corresponding country. Where there is no official category, the information provided is merely indicative.

The usual hotel check-in and check-out times are based on the first and last service the user will use.

As a general rule, rooms may be used from 15.00 hours (3.00 pm) on the day of arrival and must be vacated by 12.00 hours (12.00 midday) on the day of departure, although these times may vary slightly depending on the internal policy of each establishment.

The possibility of taking pets is not offered, as animals are generally not admitted in the hotels and wineries, except for guide dogs in the case of persons with a disability or similar situations.

11. PASSPORTS, VISAS AND DOCUMENTATION

All travellers, without exception, must carry their valid corresponding personal documentation according to the laws of the country or countries they will visit. The traveller undertakes to provide the agency in writing, before purchasing the trip, with information referring to all personal circumstances that may affect this aspect, to be able to provide the corresponding general information where necessary.

For trips requiring the traveller to obtain visas, passports, vaccination certificates etc., the traveller will be responsible for paying all such costs. Where any authority refuses to grant a visa, on particular grounds associated with the user, or where entry into the country is denied because of failure to meet the necessary requirements or due to a defect in the required documentation or where the individual is not the bearer of the documentation, the Organising Agency waives all liability for such circumstances, and the consumer will be responsible for the payment of any resulting expenses; in such circumstances the conditions and rules established for cases of voluntary withdrawal from services shall apply.

For more specific information in this regard, we recommend viewing the Travel Recommendations service of the Spanish Ministry of Foreign Affairs, at http://www.mae.es; citizens from other states should check with their embassy or consulate. Health information is available on the web page https://www.mscbs.gob.es.

12. PERSONS WITH REDUCED MOBILITY

Before requesting a booking, persons with reduced mobility must inform the agency as to this circumstance so that the possibility and feasibility of purchasing the trip in accordance with its characteristics may be evaluated.

13. CLAIMS PROCESSING

The traveller is informed that, should they wish to file a claim, they may send an email to nines@elcavino.es. Similarly, under the terms of Article 40 of Law 7/2017, on Alternative Resolution of Consumer Disputes, we inform you that MOMENTOS WINE, SLU is not registered with any organism and/or entity for alternative dispute resolution. Notwithstanding the foregoing, if you do not agree with the solution we adopt with regard to your claim, you may contact the Consumer Arbitration Board in the Spanish region where you live, or the Directorate General of Tourism. In any event, we inform you that MOMENTOS WINE, SLU will not participate in the arbitration proceeding with the aforementioned entities.

14. INSURANCE

The traveller is informed that they may take out optional insurance to cover the cost of termination of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death.

15. ADDITIONAL INFORMATION

15. 1. Luggage

For all intents and purposes and in relation to land transport, it will be understood that the user will keep their luggage and other personal belongings with them, wherever they are placed in the vehicle, and that they are carried at the sole risk and responsibility of the user. It is recommended that users should be present during all loading and unloading of luggage. In the event of loss or damage, the client must immediately file the corresponding claim with the transport company. The Organiser undertakes to provide the necessary assistance to clients affected by such circumstances.

15. 2. Photos and maps

The photos and maps showing in the catalogue are intended merely to provide information to clients. Any changes made to the establishments after publication of the brochure cannot be considered false advertising by the Organiser.

15. 3. Changes of management

The Organiser accepts no liability for any changes of management at the hotels contained in the catalogue after publication, or the repercussions and/or consequent changes involved (name, services, category of the establishments, partial closure of installations, etc.), of which the user shall in any event be informed when necessary.

15. 4. Tours

The Organiser informs the client that in the tours specified on the website, the accommodation service will be provided at one of the establishments listed on the website or in another establishment of the same category and in the same location if there is no availability in the first establishments or a change of itinerary occurs that requires such a measure. Similarly, the itinerary of the tour may take place according to any of the options described in the programme/brochure. This indication will not involve any modification of the contract.

15.5. Documentation

On group trips, for organisation and security, in some cases the guide will hold the documentation confirming the bookings for accommodation, plane tickets and other services provided. On individual trips, this documentation will be given to the client before the date of departure.

Momentos Wine, S.L.U