GENERAL CONDITIONS OF COMBINED TRAVEL CONTRACTS

1. Legal regulation applicable:

The contractual relationship between the organizing agency and the clients is governed by the clauses of the travel contract, the technical file on the journey which contains the final details, by these general conditions and by those particular conditions which are set out in the documentation delivered by the agency, all drawn up in accordance with the Catalan Regulations on travel agencies, Decree 168/1994, of 30 May, updated by Decree 158/2012, of 20 November, and the State Act on the general conditions of contracting, Act 7/1998, of 3 April. The contracting parties expressly submit themselves to the jurisdiction of the Barcelona courts to resolve any disagreements or claims which may arise from the interpretation or execution of the combined travel contract and these general conditions, with a waiver of their own forum should it be different. To make a booking for any of the journeys included in the offer by Schmitz Roth means full acceptance of these general conditions, which are considered automatically incorporated into the contract.

2. Organization

The technical preparation of the journeys comprised in this offer has been undertaken by “SCHMITZ ROTH” – Natalia Schmitz Ivars, Travel Agency, with registered office at C/ Alacant no. 28, 1-2, 08022 Barcelona, Spain, Tax Id. No: 23925057-C, with Official Licence Registered in the Catalan Tourism Registry with no. GC-004042, telephone +34 666404215, e-mail info@schmitzroth.com, and web www.schmitzrothbarcelona.com.

3. Registering for the journey:

When the client ask to register a certain booking, the selling agency undertakes to carry out the necessary steps to confirm it, in accordance with the number of places available and the period for which it is requested.

At the time of requesting the booking, Schmitz Roth, directly or through the selling agency, can call on the client for an advance of a sum equivalent, as a maximum, to 20% of the price of the journey and booking requested. If the booking is confirmed, formal registration for the journey and its consideration as a firm booking require the client to have paid a deposit of 40% of the total cost forecast or, as applicable, to have made up to this amount the sums already paid on account (the 20% delivered when asking for the booking will form part of the 40%), except where the conditions imposed by suppliers require advance payment to the travel agent, for which a receipt or verifying document must be delivered, setting out sums received and their reason. The remaining sum must be paid, at the latest, by 15 calendar days before the start of the journey.

The agency can terminate the contract and apply the rules established for cancellation before departure if the consumer fails to make any of these payments at the proper time. If the consumer withdraws the request for the booking before its confirmation, the sum deposited will be repaid, after deduction of management expenses for Schmitz Roth (€50 per person) and, where applicable, the management expenses of the operating agency.

Sums paid on account will remain in the custody of Schmitz Roth.

4. Price:

The prices for combined travel are calculated on the basis of exchange rates, transport tariffs, fuel costs and the rates and taxes applicable on the date of publication of the programme/brochure. The price can be reviewed until 20 calendar days before the date of departure in the event that there should be variations in the transport cost (including fuel prices), in the rates or taxes referring to certain services and, as applicable, in the exchange rates applied to the trip.

5. Changes in the journey made by the organizer:

When the organizer is obliged to make significant changes in essential elements of the travel, particularly the price, for reasons other than those referred to in the above point, it must notify the client as soon as possible (in writing or by any means which allows a record of the communication to be kept) so that the client may choose between the following options:

a) Cancel the booking or contract without any penalty.

b) Accept a supplement to the contract setting out the changes introduced and their effects on the price.

The client must advise the organizer of the journey or the final vendor of his decision either to cancel the booking or rescind the contract or to accept the consequences of the changes to the initial journey, depending on the travel agency which has notified the changes. If the client does not communicate his decision in writing within the three working days following notice of the change, it will be understood that the choice is to cancel the booking and rescind the contract. Considered as sufficient cause for changes in the journey are cases of force majeure (outside circumstances, abnormal and unforeseeable, the consequences of which could not have been avoided in spite of the diligence used) and when the number of people required to make the journey viable is not reached.

6. Cancellation of the journey by the organizer:

In the event that the organizer makes the viability of an offer of combined travel dependent on a minimum number of participants and this number is not reached, the journey will be cancelled and the user will have the right to repayment in total of sums advanced, without being able to make any claim for compensation, provided that the Agency has notified him in writing a minimum of ten days before the date of departure.

Nor can any compensation be claimed when cancellation of the journey by the agency is due to reasons of force majeure. Causes of force majeure are circumstances outside the agency, abnormal and unforeseeable, the consequences of which could not have been avoided, in spite of having acted with due diligence.

7. The client's right of cancellation:

A) Cancellation by the Client before departure.

The client may cancel the services requested or contracted at any time. However, the agency must be compensated in the amounts and percentages set out hereunder:

-For the management and cancellation expenses produced by the cancellation.
-A penalty of :
- 5% of the total travel price, if the cancellation is more than 10 days and less than 15 days before the date of starting the journey
- 15% of the total travel price, if between 10 and 3 days
- 25% of the total travel price, within the 48 hours before departure.

If the client does not turn up at the time set for departure, he will have no right to the return of any sum paid, and in every case will be obliged to payment of the total sum for the trip, paying, as applicable, any sums outstanding except where agreed otherwise between the parties.

Cancellation for any cause will also mean that the client has no right to reimbursement for tickets to performances, nor their delivery, since the organizers of musical entities, having sold the tickets, are not responsible for returns. In every case, the financial consequences of cancellation in cases of special contracting conditions (such as reduced transport prices or financial demands by certain suppliers) will be passed on to the client. In the event of having taken out insurance for cancellation, the management expenses are not included in it and will be to the charge of the client.

Cancellation takes effect from the moment that the consumer's wish to cancel comes to the knowledge of the wholesale agency. With knowledge of the cancellation, the agency will return to the consumer the sums paid within a maximum of one month, having deducted the management expenses and, where applicable, evidenced cancellation expenses and penalties.

If the tourist package should be subject to special financial contracting conditions, such as air charter, shipping, special prices or others analogous, the management expenses, cancellation expenses and penalties will be those indicated explicitly in the brochure/offer for this journey or those agreed as particular in the contractual documentation.

B) Cancellation by the Consumer-User during the journey.

The client has the right to cancel the service contracted after beginning the journey, but may not claim the return of sums paid and will remain obliged to pay any sums outstanding.

If the cancellation is due to an accident or serious illness suddenly affecting the consumer and preventing him from continuing the journey, the Agency will provide the necessary assistance and, as applicable, will attempt to arrange with the various suppliers for the return of amounts paid for services not used. The client is advised that we cannot guarantee any repayment, as this will depend on the cancellation conditions of each supplier contracted. The client is informed that transport costs (coach, ship, air, train, etc.) are not reimbursable. The client is also informed that during August, bridge weekends and the Christmas and Easter holidays it is practically impossible to recover sums from the various suppliers, since they generally impose more restrictive cancellation conditions than at other times of year.

In both cases, all supplementary expenses caused by the cancellation, in particular those of repatriation or transfer to the place of origin, are for the charge of the consumer.

8. Duty of collaboration by the consumer in the normal progress of the journey

The consumer must pay attention to the instructions given him by the agency for the proper progress of the journey, as well as the regulations of general application to users of the services comprised in the combined travel. In particular, in group travel, he must have due respect for the other participants and keep to conduct which does not prejudice the normal progress of the journey.

A serious breach of these duties will empower the agency to terminate the combined travel contract. In this case, should the contract include the return journey, the agency will supply the consumer with a means of transport equivalent to that contracted for the return journey to the place of departure or any other that they may both have agreed. The agency will also have the right to compensation as appropriate for damages imputable to the client's conduct.

9. Assignment of the booking:

The client can assign his booking to a third person – the assignee – who must meet the same requirements that the assignor had to take into account, provided that this is communicated to the agency with notice of 15 calendar days before the starting date of the journey for the change to be free of cost, and that it is not expressly prohibited in the publicity brochure. In the event of its taking place subsequently, and the agency can and does accept it, there will be an increase in the price which will not exceed 10% of the total price of the journey.

The person who assigns his booking and the assignee will answer joint-and-severally to the travel agency for payment of the price of the journey, plus the additional and justified expenses which may ensue from this assignment.

When due to the type of tariff or the characteristics of the transport means to be used, or when the characteristics of the services to be given by third party suppliers make the assignment impossible, and this has been set out in the description, programme and contract of the combined travel, the organizer and the final vendor of the trip may oppose the aforesaid assignment.

10. Accommodation

The content and quality of the services provided for accommodation are determined by the local tourist category specified in the contract and the technical file. Except where indicated otherwise in the brochure or in the particular conditions:

a) In general, the room can be occupied from fourteen hours on the day of arrival and must be left free before twelve noon on the day of departure, independently of the hour scheduled for arrival at the hotel or for the next stage of the journey.

b) Rooms for three or four persons are generally double rooms with one or two extra beds, which may be a sofa-bed or folding bed, except in certain establishments where instead of extra beds they use two double beds.

11. Transport

1. The consumer must be present at the place indicated for departure with the advance margin of time indicated by the operating agency or, by default, in the brochure. As a general rule in the case of air transport the minimum advance time is two hours before the scheduled departure time.

2. If the consumer cannot make the journey through not having arrived in time, the consequences envisaged in section 12 for no-show at departure will apply.

12. Baggage

The traveller's baggage and other personal belongings are not the subject of this contract and it is understood that they are transported by the traveller himself and for his total account and risk. The Agency will not be liable for any kind of incident, or the consequences, related with it is clients' baggage and personal effects. Their transport will be for the traveller's account and risk.

It is recommended to all clients that they should always be present for baggage handling, loading and unloading.

The tourist accommodation establishments, in accordance with their own specific regulations, will be responsible for any incident related with baggage and personal objects which may occur during the period of staying in them.

With regard to air, maritime or river transport, the conditions of the transport companies will apply, the ticket for the journey being the only binding contract between these companies and the passenger. In the event of suffering any delay, loss or damage to the baggage, it is recommended to make the appropriate report and claim to the transport company at once (before leaving the airport or port).

13. Special conditions for children

Given the diversity of treatments applicable for children, depending on their age, the establishment chosen and the date of the stay, it is recommended always to consult the extent of these special conditions and to ensure at all times that they are the subject of specific information.

14. Other services

As a general rule, the full board regime includes continental breakfast, lunch, dinner and accommodation. Half board, except where indicated otherwise, includes continental breakfast, dinner and accommodation. As a general rule, these meals do not include drinks.

Special diets (vegetarian or special regimes) are only guaranteed if agreed by the parties in the particular conditions.

15. Distribution of liability

The organizer agency and the retail agency will answer to the client for correct compliance with the combined travel contract, depending on the obligations which correspond to them in their respective fields in the management of the combined travel.

The retail agency, through being the entity which sells or offers for sale the combined travel trip proposed by an organizing agency, answers for losses caused to the consumer by errors which may have been committed when giving information on the combined travel, for having omitted information that should be supplied to the consumer, for not having delivered to him the documentation necessary for the correct undertaking of the journey and, in general, for non-compliance with any other obligation corresponding to its field of management in accordance with the legislation applicable.

16. Causes of exemption from liability

The liability of the organizers and retailers will cease in the event of any of the following circumstances:

a) That the faults observed in the execution of the contract are imputable to the client.

b) That these faults are imputable to a third party outside the supply of the services scheduled in the contract and are of an unforeseeable or unavoidable nature.

c) That the faults referred to are due to force majeure, this being understood as those circumstances outside the control of the party concerned, abnormal and unforeseeable, the consequences of which could not have been avoided, in spite of having acted with due diligence.

d) That the faults are due to an event that the retailer or, as applicable, the organizer, could not foresee or overcome, in spite of having used all the diligence necessary.

In relation to the itineraries, Schmitz Roth reserves the right to alter the final order of the route set out in the contract, provided that the tourist services purchased are respected. In relation with entertainments, Schmitz Roth will not be liable for their cancellation, and in that case, will return to the client the face value shown on the ticket.

In relation to air connections, Schmitz Roth will not be liable for the consequences arising from missed connections due to cancellations, delays or changes made by the airlines. In relation to the casts appearing in various performances, Schmitz Roth will not be liable for any changes made by the theatres. On certain journeys where there are optional tickets for musical or other entertainments, failure to obtain them will not give any right to cancellation of the booking for the journey, since the journey will take place just the same without these optional tickets.

The assignment in order of these optional tickets will be dependent on the date of total payment for the journey. The client is obliged to communicate to the organizer agency, as soon as possible and in writing, any non-compliance in the execution of the contract which has been verified in situ.

In relation to travel insurance, Schmitz Roth will not be responsible for handling the claim, which must be made directly by the insured client. For any claim or application relating to cover under the policy, the client, in the first place, must make a collect call to the insurance company and then send in the verifying documentation (medical and official certificates, original invoices, etc)

17. Liability for services not included in the combined travel

The rules of contractual liability for combined travel are not applicable to services such as arranging excursions, going to sports or cultural events, visits to exhibitions or museums, or others analogous, unless they were included in the overall price of the combined travel or the client had contracted them optionally on the occasion or during the journey.

18. Liability in relation to incidents in air transport

Without prejudice that Schmitz Roth does not organize or manage the means of transport to reach the destination you are informed that when the airline cancels a flight or there is a long delay, it is the airline which is responsible for providing due assistance and attention to the passengers affected, duly accepting the expenses of meals, calls, transport and overnight stays if necessary, in virtue of the terms of EEC Regulation 261/2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

In the event of cancellation of the flight, the airline will also be obliged to pay the relevant compensation to the passenger, and to reimburse the price of the air ticket if the passenger chooses this option. If cancellation is due to exceptional circumstances which could not have been avoided, even having taken all reasonable measures, the airline in charge of the flight will not be obliged to pay compensation but will be obliged to give due care and attention to the passengers affected and reimburse them for the price of the ticket if they choose this option.

19. The consumer's duty to minimise losses

In every case, the client is obliged to take adequate and reasonable measures to try to reduce the losses which may arise from non-execution or deficient execution of the contract and to prevent such losses from being aggravated. Losses arising from these measures not having been adopted will be for the client's account.

20. The agency's duty of attendance

1. The organizing agency and the retail agency, in spite of being exempted from liability, will remain obliged to provide the necessary assistance to a client who is in difficulties.

2. The duty of attendance set out in the preceding section will not apply when the faults produced during execution of the contract are attributable exclusively to the client's intentional or negligent conduct.

21. Information on provisions applicable to passports, visas and immunizations

1. The client has the obligation to carry with him always his national identity document and also, where required, his passport, both original and valid.

The retail selling agency has the duty to provide information on special documents (such as visas, medical immunization and health certificates, etc.) required at the destination of the journey for entry into the country, and the client expressly accepts both their processing (except where agreed otherwise with the agency) and the consequences arising from not carrying them or the fact that they are not valid.

Foreign clients have to ensure that they meet the requirements in matters of visas in order to enter, leave and circulate without problems in the destination country, and they accept the consequences of any non-compliance.

People under 18 years must carry a document authorizing them to make the journey, signed by both parents, by the parent who has custody (in cases of separation or divorce) or by the guardian (in the case of no parents or parents deprived of parental authority).

All losses which may arise from lack of the proper documentation will be for the account of the client including, in particular, expenses caused by the interruption of the journey and possible repatriation.

2. If the agency accepts a commission from the client to process the visas necessary for any of the destinations envisaged in the itinerary, it can collect the cost of the visa and management expenses for the steps which have to be taken with the corresponding diplomatic or consular representation.

22. Rights of admission and exclusion

For journeys with Schmitz Roth, the agency reserves the right to admit those persons who satisfy the appropriate conditions for the journey and not to admit those whom they consider do not meet these requirements. Again, Schmitz Roth may during the journey expel those persons who through their conduct cause difficulties in the good progress of the journey and normal group travel.

23. Claims

In the event that the client makes a claim, the organizer agency or the selling agency, depending on the obligations which correspond to them in their respective fields of management of the journey, will have one month from the date of presentation of the claim to give a response to the client.

The client can also ask the competent authorities to intervene as mediators of the conflict.

Submission to mediation is voluntary for the travel agency, so it will evaluate case by case whether or not it accepts the mediation proposed by the authorities at the client's request. If the conflict is not resolved by any of these methods, the consumer will have the option of going to the arbitration or judicial route. The client is advised that our agency is not an adherent to the arbitration system of settlement. In the case that the client should decide on the judicial route, he is advised that the term of prescription of judicial actions arising from the combined travel contract is two years from the day on which the journey finished or would have finished.

24. Means of payment

The client has various options to choose from:

a) Bank transfer.

b) Our office: cash or credit card

c) Phone&Sell

The client is informed here that, in the event of deciding to make payment through the Phone&Sell payment platform, the Agency warns him that there will be an increase in the final price of the combined travel or leisure activity by reason of the sales tax and the despatch and handling established by that payment platform. Before making payment, the client can find out the information/exact amount increased. He can continue if desired, or simply go back and choose another means of payment.

25. Language

The programmes, forms and all texts on the web are in German, English and Spanish. If required, the information can also be sent in Catalan, by indicating this to us in the comments section of the form.

26. Optional travel insurance / cancellation expenses:

There is the option of taking out another insurance with EUROPEA DE SEGUROS which covers the expenses of cancellation of the journey (consult our clauses)

27. Notification of claims:

Should any of the facts occur which are the subject of the guaranteed services, the Insured will telephone to the insurance company to ask for the corresponding attendance.

28. Personal data protection:

In general, personal data processing will be carried out in accordance with the Constitutional Act 15/1999, on Personal Data Protection, its Implementing Regulation, and the Act 34/2002, on Services of the Information Society and Electronic Commerce and their amendments, and specifically Royal Decree Legislative 1/2007, which approved the redrafted text of the General Law on the protection of consumers and users and other supplementary laws; as well as any other regulation which relates with the subject.

In accordance with the terms of the Constitutional Act 15/99 on Data Protection (LOPD), the client accepts that his personal details, and those which may be supplied in the future, are collected and processed in a file owned by “SCHMITZ ROTH” – Natalia Schmitz Ivars, Travel Agency, with registered office at C/ Alacant no. 28, 1-2, 08022 Barcelona. These data have been collected by “SCHMITZ ROTH” with the purpose of managing and developing all the services with the client and are necessary for proper compliance with these propositions.

The person concerned can exercise the rights recognized in the Act and, in particular, those of access, rectification, cancellation and opposition, by writing to the Agency's registered office at the address given, with the reference "Data Protection".

The Agency informs you that, depending on the method of payment for the services, it will proceed to communication of the details included in the said file (Name, Tax Id., A/c no.) to the Financial Entities (Banks and Savings Banks) with which “SCHMITZ ROTH” works, for the sole purpose of managing the transfers, collections and payments produced in the commercial relationship and the use of our services. For the purposes of article 34.e) LOPD, the person concerned implicitly gives his consent in contracting the service or in claims regarding it, so that we can transmit his details as necessary for hotel bookings, flights, transport and services contracted, to the relevant addressees (wholesalers, booking centres…) and, if necessary according to the service or journey to be made, with destination to any country worldwide, including, where applicable, those which do not offer a level of protection equivalent to that required by LOPD.

Refusal to accept the above will mean that the services expected from the agency cannot take place.

The users/clients are aware of all the above and accept it voluntarily.

Schmitz Roth

Carrer d'Alacant, 28.
08022 Barcelona.
España.

+34 666 404 215
info@schmitzroth.com