CONDICIONES GENERALES DE VENTA

TERMS AND CONDITIONS

General conditions for the sale of package tours


WHYNOT EXPERIENCES (acting as self-employed Daniel Baena Espinosa), with tax identification number 47192543-Q, registered office at Calle Cervera, 17 19, 2º 2ª, El Prat de Llobregat, Barcelona. Civil liability insurance: Hiscox, S.A., Sucursal en España. Regulated by the CAA and the DGSFP. 


Guarantee for passengers: policy no. TAEDS002052, issued by Hiscox, S.A., Sucursal en España.


CONTENT OF THE CONTRACT

The present General Conditions, together with the description of the package in the description sheets available on the Website (hereinafter the "Catalogue" or "Description Sheet"), as well as the confirmation of the booking of the services requested by the Traveller, form an integral part of the travel contract (hereinafter the "Contract").


WHYNOT EXPERIENCES will process the Traveller's requests through travel agencies and the Traveller will receive the Contract with the services requested. By booking a package travel on the Website, the Traveller considers that he/she has read and accepted the Contract, including these General Conditions of Sale, for him/herself and for the travellers for whom he/she is purchasing the package travel.


APPLICABLE LEGISLATION

The Contract will be governed principally by Royal Legislative Decree 1/2007, of 16 November, which approves the Revised Text of the General Law for the Defence of Consumers and Users and other complementary laws, and its implementing regulations. With special mention of Book Four, dedicated to package travel and linked travel services (hereinafter, RDL 1/2007). The precepts contained in this body of law, which are non-derogable, may only be modified for the benefit of users and clients.


DEFINITIONS

For the purposes of this Contract, we refer to: a) Organiser: an entrepreneur who combines and sells or offers package holidays directly, or through or together with another entrepreneur. He shall be considered as an Organiser in the WHYNOT EXPERIENCES Contract. b) Retailer: an entrepreneur other than the Organiser who sells or offers package tours by an organiser. c) Traveller or Tourist: any person who intends to conclude a contract or has the right to travel under the Contract.



CONCEPT OF PACKAGE TRAVEL

In accordance with the legal definition and for the purposes of the definition of the Contract, a package means a combination of at least two types of travel services if these services:

  1. are combined by a single trader, including at the request or selection of the Traveller, before a single contract is concluded for the totality of the services, or
  2. irrespective of the conclusion of separate contracts with different travel service providers, those services:
  3. are contracted at a single point of sale and selected before the Traveller agrees to pay,
  4. are offered, sold or invoiced at a flat rate or lump sum price,
  5. are advertised or sold as a "package" or under a similar name,
  6. are combined after the conclusion of a contract whereby the Organiser allows the Traveller to choose from a selection of different types of travel services, or
  7. are contracted with different providers through linked online booking processes in which the name of the Traveller, his payment details and his email address are transmitted by the provider with whom the first contract is concluded to one or more other providers with whom another contract is concluded, no later than twenty-four hours after confirmation of the booking of the first travel service.

INFORMATION TO THE TRAVELLER

Before the traveller is bound by the Contract, WHYNOT EXPERIENCES will provide the traveller with the pre-contractual information applicable to the package and mentioned in article 153 of the RDL 1/2007, as well as all the information concerning the content of the Contract and documents to be delivered before the start of the trip, as detailed in the RDL 1/2007. The information provided to the traveller will form an integral part of the Contract and will not be modified unless the contracting parties expressly agree otherwise. Before the conclusion of the Contract, the Organiser will inform the traveller of all changes to the pre-contractual information in a clear, comprehensible and prominent manner.


INFORMATION AND RESERVATIONS

All information regarding transport, accommodation, dates, duration and general information for the enjoyment of all planned activities, excursions or guided tours of the package booked is detailed in the description of each package on the Website. The Traveler must carefully review all of the information contained in the package on this support. In the confirmation email, WHYNOT EXPERIENCES may provide the Traveller with proof of booking of the package. The booking of the services of WHYNOT EXPERIENCES will be deemed to have been formalised once the travellers have completed and accepted the booking form for the package holiday and the booking has been confirmed, once the booking process has been correctly completed and the full payment has been correctly made.


PAYMENTS

The traveller must complete the booking form by confirming the package holiday. Confirmation is subject to payment of the price and charges indicated on the package holiday order summary form. The following must be paid when signing the package tour purchase proposal:

  1. Handling fee.
  2. Deposit of the price of the package published in the Catalogue. This amount will be paid as a confirmatory deposit.


The prices will be those indicated by WHYNOT EXPERIENCES at the time of booking the package chosen by the Traveller. All services must be paid by credit or debit card (Visa, Mastercard, American Express), bank transfer or cash.

Prices are expressed in Euros (€), including taxes. The total amount will be indicated at the time of the final confirmation of the contracting of the service.

As a general rule, WHYNOT EXPERIENCES will not apply discounts on the provision of its services, unless this is established in the specific conditions of each package.

After booking, the Travellers will receive an email confirming the purchase. The Traveller may request an invoice once the booking has been formalised via the website or by email.


PRICE

WHYNOT EXPERIENCES provides the traveller with the price of the trip through the web site, which is calculated on the basis of the data provided by the tour operator. Once the booking has been formalised, the revision of the price will only take place to incorporate variations in the price of transport, including the cost of fuel, taxes and charges relating to certain services and the exchange rates applied to the package. Upward price revisions made in the 10 days immediately prior to the departure date of the trip shall be null and void.

In the event that the price increase mentioned in the previous paragraph exceeds 8% of the total price of the package before the departure of the trip, the organiser will immediately inform the traveller in writing, who will be able to take the actions available in the following section of these General Terms and Conditions of Sale.

The price is made up of:

  • Registration or administration fees.
  • The price of participation in the package.

MODIFICATION OR CANCELLATION OF THE PACKAGE BEFORE DEPARTURE

The Organiser may not unilaterally change the terms of the contract before the start of the package, with the exception of the price in accordance with Article 158 of RDL 1/2007, unless the change is insignificant or of minor importance, provided that he informs the traveller clearly, comprehensibly and prominently on a durable medium. If, before the start of the package, the Organiser is forced to substantially change any of the main features of the travel services or is unable to comply with any of the special requirements referred to in Article 155.2.a) of RDL 1/2007 or proposes to increase the price of the trip by more than eight per cent in accordance with Article 158.2, the Traveller can, within a reasonable period specified by the Organiser in a timely manner and depending on the specific circumstances of the case, accept the proposed change or terminate the contract without paying a penalty. The traveller who terminates the contract can accept a substitute package offered by the Organiser, if possible of equivalent or superior quality. The Organiser will inform the traveller without delay, in a clear, comprehensible and prominent manner:

The proposed changes envisaged and, where applicable, their impact on the price of the package.

A reasonable period of time within which the traveller must inform the Organiser of his decision.

The indication that in the event that the traveller does not notify his decision within the period indicated in letter b), it will be understood that he chooses to terminate the contract without penalty.

If applicable, the substitute package offered and its price.

If the changes to the package travel contract or the substitute package result in a package of lower quality or lower cost, the traveller is entitled to an appropriate reduction in price. In the event of termination of the package travel contract by the traveller before its commencement, without payment of a penalty or non-acceptance by the traveller of a substitute package, the Organiser will reimburse all payments made by the traveller or by a third party on his behalf without undue delay and in any event within a period not exceeding fourteen calendar days from the date of termination of the contract. For these purposes, the provisions of paragraphs 2 to 5 of Article 162 of RDL 1/2007 will apply.


TERMINATION AND CANCELLATION BEFORE THE START OF THE TRIP

At any time prior to the start of the package, the traveller can terminate the contract, in which case an appropriate and justifiable penalty may be demanded, according to the following terms.

If the cancellation is made at least 31 days before the departure date, the Traveler will be entitled to a full refund of the amounts paid.

If the cancellation occurs between 31 and 14 days prior to the day of departure, when the travel price has already been paid in full, the Traveler is only entitled to a refund of the amount paid for the reservation.

If the cancellation is made 14 days before the day of departure, when the travel price has already been paid in full, the Traveler is NOT entitled to a refund of the full amount paid.

Notwithstanding the above, if unavoidable and extraordinary circumstances occur at the destination or in the immediate vicinity that significantly affect the execution of the package or the transport of passengers to the destination, the Traveler has the right to terminate the contract before the start of the trip without paying any penalty.

The Organiser can cancel the contract and reimburse the Traveller for all payments made by the Traveller, but shall not be liable for any additional compensation if:

  1. he number of persons registered for the package is less than the minimum number specified in the contract and the Organiser notifies the Traveller of the cancellation within the period specified in the contract, which shall be at the latest: twenty calendar days before the start of the package in the case of trips lasting more than six days, seven calendar days before the start of the package for journeys lasting between two and six days, forty-eight hours before the start of the package in the case of trips lasting less than two days, or the Organiser is prevented from executing the contract due to unavoidable and extraordinary circumstances and the traveller is notified of the cancellation without undue delay before the start of the packages


2. Due to the nature of the type of trip organised by WHYNOT EXPERIENCES and the importance that the group and its members constitute in relation to the type of travel formula proposed, WHYNOT EXPERIENCES may refuse to make a booking on well-founded, non-discriminatory grounds, such as, by way of example, offences committed on previous trips, complaints, use of drugs, violent acts, aggressive attitudes towards other travellers or in general unlawful conduct perpetrated during other stays, denigrating attitudes towards other travellers or companies and similar cases.



CHANGES AFTER DEPARTURE

If a significant proportion of the travel services cannot be provided as agreed in the contract, WHYNOT EXPERIENCES will offer, at no additional cost to the traveller, suitable alternative arrangements, if possible of equivalent or higher quality than those specified in the contract, for the continuation of the package, even if the return of the traveller to the place of departure does not take place as agreed.

If the proposed alternative formulas result in a package of a lower quality than the one specified in the contract, WHYNOT EXPERIENCES will apply an appropriate reduction of the price to the traveller. The traveller can only reject the proposed alternative formulas if they are not comparable to what was agreed upon in the contract or if the price reduction granted is inadequate.

When a lack of conformity substantially affects the execution of the trip and WHYNOT EXPERIENCES has not remedied it within a reasonable period of time established by the traveller, the traveller may terminate the contract without paying any penalty and request, where applicable, both a reduction in the price and compensation for damages caused, in accordance with article 162 of RDL 1/2007.

If the package includes the transport of passengers, WHYNOT EXPERIENCES, in the cases indicated in the two previous paragraphs, will also repatriate the traveller in equivalent transport without undue delay and at no additional cost.


ASSIGNMENT OF THE PACKAGE TO ANOTHER TRAVELLER

Travellers may transfer the package to another person (hereinafter referred to as the "Transferee") provided that:

  1. WHYNOT EXPERIENCES is informed in writing at least seven calendar days before the date set for the departure of the package contracted by the Traveller.
  2. The Transferee fulfils all the conditions for the use of the service and, in particular, the requirements concerning passports, visas, health certificates;
  3. The same services or other replacement services may be provided after the replacement;
  4. The Assignee reimburses WHYNOT EXPERIENCES for all additional expenses incurred to proceed with the replacement, insofar as they are quantified before the assignment.


The assignor of the contract and the assignee shall be jointly and severally liable for the outstanding amount of the agreed price as well as for any commission, surcharge or other additional costs arising from the assignment. WHYNOT EXPERIENCES shall inform the assignor of the actual costs of the assignment. Such costs shall be reasonable and shall not exceed the costs actually borne by WHYNOT EXPERIENCES as a result of the transfer.


ASSISTANCE TO THE TRAVELLER

The traveller can send messages, requests or complaints to WHYNOT EXPERIENCES concerning the execution of the package at the addresses indicated on the website. WHYNOT EXPERIENCES will provide adequate assistance without undue delay to the traveller in difficulty, in particular in case of unavoidable and extraordinary circumstances, in particular by:

  • the provision of adequate information on health services, local authorities and consular assistance, and
  • assistance to the Traveller in establishing remote communications and help in finding alternative travel arrangements.


WHYNOT EXPERIENCES may charge a reasonable surcharge for such assistance if the difficulty was caused intentionally or through negligence on the part of the traveller. This surcharge shall in no case exceed the actual costs incurred by WHYNOT EXPERIENCES.


HOTEL CLASSIFICATION

The official classification of the hotel facilities is provided in the Catalogue or in other information material on the package tour on the basis of the express and formal indications of the competent authorities of the country in which the service is provided. In the absence of official classifications recognised by the competent public authorities of the Member States of the European Union, WHYNOT EXPERIENCES reserves the right to provide in the Catalogue its own classification of the hotel facilities, which allows its evaluation and consequent acceptance by the Traveller.


LIABILITY REGIME

The Organiser shall be held responsible for any errors due to technical defects in the booking system attributable to him. The Organizer cannot be held liable for booking errors attributable to the Traveler or caused by unavoidable and extraordinary circumstances.

The Organiser is liable to the Traveller for the proper performance of the travel services included in the Contract. The traveller must inform the organiser of any non-conformity that he/she observes during the performance of a travel service included in the contract. If any of the travel services included in the Contract are not performed in accordance with the Contract, the Organiser will remedy the non-conformity, unless this proves impossible or if this would be disproportionately expensive, taking into account the seriousness of the non-conformity and the value of the travel services concerned. If the non-conformity is not remedied in accordance with this paragraph, the provisions of Article 162 of RDL 1/2007 shall apply.


If a significant proportion of the travel services cannot be provided as agreed in the Contract, the Organiser will offer, at no additional cost to the traveller, suitable alternative arrangements, if possible of equivalent or higher quality than those specified in the Contract, for the continuation of the package, even if the traveller's return to the place of departure does not take place as agreed. If the proposed alternative packages result in a package of a lower quality than that specified in the contract, the Organiser will charge the traveller an appropriate reduction in price. The traveller can only reject the proposed alternative arrangements if they are not comparable to what was agreed in the contract or if the price reduction granted is inadequate.


When a lack of conformity substantially affects the execution of the trip and the Organizer has not remedied it within a reasonable period of time, the Traveler can terminate the contract without paying any penalty and request, where applicable, both a price reduction and compensation for damages caused, in accordance with Article 162 of RDL 1/2007.

If it is impossible to guarantee the Traveller's return as agreed in the Contract due to unavoidable and extraordinary circumstances, the Organiser will bear the cost of the necessary accommodation, if possible of an equivalent category, for a period not exceeding three nights per Traveller. Where the European regulations on passenger rights applicable to the relevant means of transport for the return of the Traveller provide for longer periods, these periods shall apply.


OBLIGATION OF ASSISTANCE

WHYNOT EXPERIENCES will provide adequate assistance without undue delay to the Traveller in difficulty, in particular in the event of unavoidable and extraordinary circumstances, without prejudice to the Traveller's right to compensation for damages in the event that the improper execution of the contract is attributable to WHYNOT EXPERIENCES. The traveller is not entitled to compensation for damages if the non-conformity is:

  • attributable to the Traveller,
  • attributable to a third party external to the provision of the contracted services and unforeseeable or unavoidable, or due to unavoidable and
  • due to unavoidable and extraordinary circumstances.

INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES

If not expressly included in the price, it is possible and advisable to stipulate at the time of booking the package trip, the contracting of special insurance policies against expenses arising from the cancellation of the trip, accidents and illnesses, repatriation expenses and loss of and damage to luggage.

The rights arising from the conclusion of insurance policies must be exercised directly by the traveller against the stipulated insurance companies, under the conditions and in the manner stipulated in their policies, as set out in the policy conditions published in the catalogues and brochures made available to travellers at the time of departure of the trip.


ALTERNATIVE DISPUTE RESOLUTION INSTRUMENTS

Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, WHYNOT EXPERIENCES informs you that, in case of dispute, Travellers residing in the European Union may resort to the "Online Platform for Dispute Resolution" developed by the European Commission, in order to try to settle out of court any dispute arising from the provision of services by WHYNOT EXPERIENCES.

To access the "Online Platform for Dispute Resolution" you can do so through the following link:

http://ec.europa.eu/consumers/odr/

In any case, WHYNOT EXPERIENCES informs the traveller that a complaint form is available for the traveller to make any complaint regarding the services provided by WHYNOT EXPERIENCES. Any complaint or claim can be addressed to info@whynotexperiences.com; and will be dealt with as soon as possible and always within the legal deadlines.

OPERATIONAL MODIFICATIONS

Bearing in mind that the Catalogues providing information on the services are published in advance, the Traveller must bear in mind that the flight schedules and sections indicated in the acceptance of the proposal for the sale of services may undergo changes, and are subject to subsequent validation. To this end, the Passenger must request confirmation of the services prior to departure.


IMAGE RIGHTS

During the trip, photos and videos will be taken of the Travellers in order to allow them to participate in the trip, as well as for WHYNOT EXPERIENCES' publicity purposes. By purchasing the package tour, the traveller accepts and assigns all rights necessary for the use of his/her image, in accordance with the terms and conditions that form an integral part of this contract. The traveller may revoke this consent at any time. WHYNOT EXPERIENCES undertakes to make good use of this content, without prejudice to the Traveller in any way whatsoever.


GUARANTEES

In the event that WHYNOT EXPERIENCES becomes insolvent, the payments made by the traveller will be reimbursed. If WHYNOT EXPERIENCES becomes insolvent after the start of the package and the package includes transport, the repatriation of the travellers will be guaranteed.

For this purpose, WHYNOT EXPERIENCES has taken out an insolvency protection guarantee with the insurance company MARKEL INSURANCE SE, SUCURSAL EN ESPAÑA with policy number 022S00231CAV. All this in accordance with the provisions of article 164 of RDL 1/2007.

The modalities of access to the guarantee and the modalities of presentation of the request for reimbursement of the sums paid will be provided by WHYNOT EXPERIENCES on simple request.

In addition, the Organiser has constituted a guarantee which will generally cover the fulfilment of the obligations deriving from the provision of its services towards the contracting parties of a package holiday. In any case, travellers may claim this guarantee directly from the coverage system set up.


INFORMATION ON THE EXERCISE OF THE RIGHT OF CANCELLATION

WHYNOT EXPERIENCES grants the traveller the right to terminate the contract and therefore to withdraw from the contract up to the forty-sixth day prior to the start of the package purchased by the traveller and in any case within fourteen days of the conclusion of the contract.

To exercise the right of withdrawal, the traveller must notify WHYNOT EXPERIENCES of his decision to withdraw from the Contract by means of an unequivocal declaration without any formality (for example, a letter sent by post, fax or email to info@whynotexperiences.com). You may use the model withdrawal form below, although its use is not compulsory.

In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.

In case of withdrawal by the traveller, WHYNOT EXPERIENCES will refund all payments received without undue delay and in any case no later than fourteen calendar days from the date on which the traveller informs WHYNOT EXPERIENCES of his decision to withdraw from the contract. WHYNOT EXPERIENCES will carry out the reimbursement using the same means of payment used by the Traveller for the initial transaction, unless expressly provided otherwise; in any case, the Traveller will incur the cost of the reimbursement.

Model cancellation form:

  • (this form must only be completed and sent if you wish to withdraw from the contract)
  • To the attention of (here you must insert the name of WHYNOT EXPERIENCES, your full address and e-mail address);
  • I/We hereby inform you () that I/we withdraw from my/our () contract concerning the following trip (here you must insert the booking number and the main details of the contracted trip);
  • Booking made on (*);
  • Name(s) of consumer and user(s);
  • Address of the consumer and user(s);
  • Signature of the consumer and user(s) (only if this form is submitted on paper);
  • Date;


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