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General Conditions of the Travel Package Contract

1. Applicable legislation and acceptance of these Conditions

The Travel Package Contract is governed by the agreement between the parties, the terms established in the General Conditions, the provisions of Royal Legislative Decree 1/2007 of November 16, which ratified the amended text of the General Law in Defence of Consumers and Users and other Supplemental Laws, and any regulations that may replace it.

Booking or participating in any of the offered travel packages implies the express acceptance of each and every clause of these General Conditions, as well as the specific terms that are agreed upon in the Contract or that appear in the travel documents.

2. Travel packages

A ‘travel package’ shall be understood as a pre-set combination of at least two of the services below that are sold or offered together for an overall price, whenever the period of such services exceeds 24 hours or includes one night of lodging:

Transportation
Lodging
Other tourism services that are not related to transportation or lodging, but that constitute a significant part of the travel package.

All of the organised tours found on the Destinia website are organised by various wholesale travel agencies. Destinia acts solely as a broker and does not provide any of the services that are reserved through the Destinia website. Destinia operates under prior administrative authorisation with CICMA licence number 1257 and is recorded in the Commercial Registry of Madrid in Volume 15,973, Folio 206, Section 8, Sheet M-270179. You may contact Destinia S.L.U. by regular mail at Calle Gran Vía 22 Dcdo. 4º, 28013 Madrid (Spain), by telephone at (+34) 915 242 400 or via email at atencioncliente@destinia.com.

3. Pricing

3.1 Price revisions

The prices set forth in the contract shall not be modified, whether upwards or downwards, except when the possibility of such modification is expressly indicated and the precise calculation methods for such purposes are clearly defined. In the event of a decrease, the user shall have the right to a reduction in price, and in the event of an increase, the user shall be notified of the modification at least 20 days prior to the scheduled departure date.

Prices may be modified as a direct result of the following:

a) Changes in the price of transporting passengers, due to the cost of fuel or other sources of energy.

b) Changes in the taxes or fees that are applicable to the travel services included in the contract, whenever such fees are required by third parties that are not directly involved in the fulfilment of the travel package. These fees may include tourist taxes, as well as any fees, taxes or surcharges for landing, boarding or disembarking in ports or airports.

c) Changes in the exchange rates that apply to the travel package.

The foregoing is without prejudice to the provisions of Clause 5 of these General Terms and Conditions.

3.2 The price of the travel package includes:

1. Indirect taxes on consumption, when applicable

2. Lodging at the chosen establishment with the agreed board type, whenever such service is included in the programme

3. All of the services and supplemental items expressly specified in the contracted programme

4. Airport taxes and fees, when applicable

5. Transportation, whenever such service is included in the contracted programme

6. Technical assistance during the trip, whenever such service is specifically included in the contracted programme

3.3 The price of the travel package does not include:

Any other service not expressly specified in the contracted programme, including, but not limited to: visas; vaccination certificates; room service; items for consumption at the lodging establishment, such as coffee, wine, liquor, spirits, mineral water, soft drinks, juices or cocktails; special diets; use of sports facilities at the lodging establishment; transportation from the airport to the hotel; surcharges for excess luggage; excursions; laundry and ironing; parking; telephone use; cribs; TV rental or pay TV services; spa services; thermal baths; massages; medical, therapeutical or health treatments; and any other similar services that are offered by the establishment for an additional fee and are not included in the price paid for the primary lodging services that have been contracted. Likewise, expenses related to luggage are not included. The user should be aware that certain airlines charge a fee for carry-on or checked luggage. Therefore, we recommend that all users consult the airline’s website for information on the costs and details. As a general rule, the rates for flights operated by low-cost companies do not include checked luggage, while it is also true that certain regular airlines have implemented these fees in their operations.
In the case of certain destinations, additional lodging or local taxes and fees may apply. Such taxes and fees may vary in relation to the particular destination and the classification of the establishment. The user shall be solely responsible for paying such taxes, which shall be paid directly at the hotel establishment.

3.4 Payments and refunds

The travel arrangements must be fully paid before the documents are sent, or in any case, prior to the scheduled departure date.
Requesting a reservation implies the user’s subsequent acceptance of the corresponding fees, which will be charged to the user’s selected payment method.
In the event that the charge is declined for any reason, the user shall be informed of the situation in an attempt to resolve the problem. If the payment problem cannot be successfully resolved, the reservation shall be cancelled.

In the event that full payment of the agreed price is not received in accordance with the indicated conditions, this shall be construed as the user’s cancellation of the travel arrangements, whereupon the terms established in Section 4 Right to cancellation of these General Terms and Conditions shall apply.

In the event that the user makes a reservation for a low-cost airline + hotel, two separate charges will appear on the user’s credit card: one from the low-cost airline for the corresponding airfare, and the other from Destinia for the remaining contracted services.

As required by legislation, Destinia, S.L.U. is covered by an insurance policy to reimburse the payments made and, if transportation is included in the trip, to ensure repatriation in the event of insolvency. The insurance company is AXA Seguros Generales S.A., with tax ID number A-60917978 and corporate headquarters at Calle Monseñor Palmer 1 de Palma de Mallorca, recorded in the Commercial Registry of Palma de Mallorca on Sheet PM-61041.

4. Right to cancellation

At any time prior to the starting date of the travel package, the traveller may terminate the contract, in which case Destinia or the organiser, if applicable, shall demand the payment of a reasonable and justifiable penalty, except in the event of extraordinary, unavoidable circumstances. The travel package contract may specify a reasonable standardised penalty based on the length of time between the termination of the contract and the starting date of the travel package and on the expected savings and revenues resulting from alternative use of the travel services.

In the event that the contract does not contain specific information regarding penalties, the following shall apply:

a) The user shall pay a service fee of €20 per person, plus any applicable cancellation fees, in addition to a penalty comprising 5 percent of the total amount of the travel arrangements if the cancellation is made more than ten and fewer than fifteen days prior to the departure date, 15 percent if made three to ten days prior, and 25 percent if made during the final forty-eight hours prior to the scheduled departure.

If the end user fails to appear at the scheduled time and place of departure, he or she shall be obligated to pay the full price of the travel arrangements, including any pending payments, unless expressly agreed otherwise by the parties.

b) In the event that the travel package services that were contracted and then cancelled were subject to special contractual financial terms (for example, non-refundable hotel or transportation fees, charter or special flights, airplane fleets, tours, excursions, etc.), the cancellation fees shall be those that are established by the provider of each specific service.

5. Modification or cancellation of the travel arrangements on the part of Destinia or the organiser

5.1 Prior to departure

Services that are subject to group reservations must meet certain minimum quotas of participants in order to be included in a travel package. Destinia and the organiser, if applicable, may cancel the contract and reimburse the traveller for the full amount of the payments made, but shall not be responsible for any additional compensation if the number of persons registered for the travel package is less than the minimum number specified in the contract, and if the organiser or retailer, if applicable, notifies the traveller of the cancellation within the period specified in the contract, which shall be no later than:

1. Twenty calendar days before the scheduled start date of the travel package in the case of trips lasting more than six days

2. Seven calendar days before the scheduled start date of the travel package in the case of trips lasting between two and six days

3. Forty-eight hours before the scheduled start time of the travel package in the case of trips lasting less than two days

In the event that it becomes necessary to make significant modifications to an essential element of the travel contract prior to the scheduled departure date, Destinia shall immediately inform the user of the situation and shall be responsible for offering an alternative with the same characteristics as the originally requested travel arrangements. In any case, the user may choose to terminate the contract without penalty or to accept a modification to the contract, specifying the variations and any corresponding increases or decreases in the price.

Prior to the scheduled start date of the travel package, if Destinia or the organiser is forced to substantially modify any of the primary characteristics of the travel services, is unable to fulfil any special requests specified in the contract, or proposes increasing the price of the trip by more than eight percent, the traveller shall avail of a reasonable time-frame, specified by the organiser or retailer, in which to either accept the proposed changes or terminate the contract without penalty.
The user must communicate his or her decision within three days of being notified of the modification. If the user fails to communicate a decision in the specified terms, it shall be understood that the user has opted to terminate the contract with no penalty whatsoever.

In the event that the user opts to terminate the contract or the organiser cancels the travel package before the scheduled departure date for any reason not attributable to the user, the latter shall have the right, from the moment the contract is terminated, either to receive full reimbursement of any corresponding amounts paid or to substitute the travel package with another of equal or greater value, whenever the organiser or retailer is able to offer such a package.
Under extraordinary circumstances, Destinia or the organiser may make minor changes to travel packages. The client shall be immediately notified of such circumstances, and in this case, the alternatives mentioned in the previous paragraphs shall not be offered. These minor changes may include changes in the departure or arrival time of a flight, whenever such changes are not excessive, or a change in hotel, whenever the proposed hotel offers the same features and is of the same category or higher.

5.2 Once travel has been initiated

In the event that, subsequent to the travel departure date, the organiser fails to provide or confirms the inability to provide a significant part of the services set forth in the contract, the organiser shall adopt any appropriate solutions in order to allow the organised tour to continue. If the user continues the trip utilising the solutions offered by the organiser, this shall be construed as the user’s tacit acceptance of such proposed arrangements.

If the solutions adopted by the organiser are not viable or if the user rejects them on reasonable grounds, the former must provide the latter, at no additional cost, with a means of transport equivalent to that used in the contracted travel in order for the user to return to the point of origin or another destination agreed upon by the parties, without prejudice to any applicable indemnification.

Once the trip has begun, if any of the services included in the package are not fulfilled in accordance with the contract, Destinia and the organiser, if any, shall rectify such non-fulfilment, unless doing so would be impossible or would entail disproportionate costs, taking into account the seriousness of such non-fulfilment and the value of the affected travel services.

The traveller may reject the proposed alternatives only if such alternatives are not comparable to the arrangements that were agreed upon in the travel package contract or if the proposed reduction in price is insufficient.

6. Transfer of reservations

Users may transfer their travel package reservations free of charge to any person who satisfies all of the conditions required by the various providers, as long as Destinia is informed of such transfer in writing at least seven (7) calendar days prior to the scheduled departure date of the trip and as long as the service provider has no objections to the change proposed by the user.

The person transferring the travel package reservations and the person to whom they are transferred shall be jointly responsible for any balances due, as well as any additional justifiable expenses that may arise from the transfer.

7. Responsibilities of the user

The traveller must inform Destinia without undue delay of any non-fulfilment observed during the provision of a travel service included in the contract.
The organiser or Destinia, as well as the provider of the service in question, if applicable, must be informed of such non-fulfilment in writing or by any other means that provides a record.

It is the responsibility of the user of any contracted service to make the necessary inquiries in order to ensure compliance with all the entrance requirements related to the travel, taking his or her personal and legal situation into consideration, and to ensure that all the necessary identification documents are in his or her possession, in accordance with the destination country and the airline or airlines that will be flown.

The user is hereby advised that, under certain circumstances, a national ID document will not be sufficient for domestic or continental flights, for example, on Iberia’s 6000 Series flights or flights that originate outside the borders of Spain and use Spain as a transit zone en route to the final destination.

In the event that the user fails to comply with these recommendations or requirements, he or she shall be solely responsible for any resulting expenses, losses or damages, whether incurred personally or by the company, including the inability to utilise the travel arrangements that have been booked.

The United States Department of Homeland Security requires all passengers (including minors) who are flying to the US or travelling within its territories (including Puerto Rico) to be in possession of a biometric passport (or e-passport) and to have secured approval through the Electronic System for Travel Authorisation (ESTA).

The user is also advised of the necessity of obtaining any other appropriate mandatory authorisation for entrance and transit in the destination country or transit zone, in accordance with applicable regulations. All of this information can be found on the website of Spain’s Ministry of Foreign Affairs

In order for the user to embark on a trip with a layover in a country other than the destination country, the user must fulfil the legal requirements for entry into that country, including all of the required visas and permits. Simply passing through these airports is construed as entering the national territory. The minimum estimated time for obtaining these permits can be up to three months, with an average wait of 20 days. Therefore, it is recommended to apply for these documents as far in advance as possible.

Likewise, the Ministry of Health, Social Services and Equality website contains ample information on health conditions, as well as other recommendations regarding visits to other countries. Destinia recommends consulting this information prior to embarking on the trip. It can be found at:

https://www.mscbs.gob.es/en/profesionales/saludPublica/sanidadExterior/salud/consejosViajero.htm

The user is hereby advised that he or she may obtain detailed, up-to-date information on the necessary travel documents on the website of Spain’s Ministry of Foreign Affairs at , and health information on the website of the Ministry of Health

8. Responsibilities of the organiser and retailer

In accordance with their respective roles in administering the travel package, the organiser and retailer shall be responsible to the user for the proper fulfilment of their contractual obligations, regardless of whether they execute such obligations themselves or through third-party service providers, without prejudice to their right to initiate legal actions against such service providers.

It should be noted that Destinia does not directly provide any type of service, acting solely as an intermediary between the clients and providers, the latter of which provide the travel services.

Destinia shall not be held liable if the client is able to claim damages by virtue of an insurance policy.

Any business owners appearing jointly in the contract, regardless of their classification or the relationship between them, shall be jointly responsible to the user, without prejudice to the right of the party responding to the user to seek legal recourse against the party responsible for the non-fulfilment or unsatisfactory fulfilment of the contract, according to that party’s respective role in administering the travel package.

The party shall likewise be liable for any damages suffered by the user as a consequence of the non-fulfilment or unsatisfactory fulfilment of the contract.
Such liability shall not apply under the following circumstances:

a) When the shortcomings in the fulfilment of the contract are attributable to the user

b) When such shortcomings are of an unforeseeable or insurmountable nature and are attributable to a third party not involved in the provision of the services established in the contract

c) When such shortcomings are due to Force Majeure, which shall be understood as circumstances beyond the control of the affected party that are unusual and unforeseeable and whose consequences could not have been prevented despite having acted with due diligence

d) When the shortcomings are due to an occurrence that the retailer or organiser, if applicable, was unable to foresee or surmount in spite of having exercised all necessary diligence

Indemnification for any damages resulting from non-fulfilment or unsatisfactory fulfilment of the services included in the travel package shall be limited in accordance with the provisions of the international agreements regulating such services.

The organiser shall not be held liable for damages arising from any independent service not included in the travel package (such as hotel reservations on prior or subsequent days, transportation from the passenger’s point of origin to the point of departure of the trip and vice versa, missed connecting flights, etc.).

Any damages other than personal injury must always be confirmed by the consumer.

If it is impossible to guarantee the traveller's return trip as agreed in the travel package contract because of circumstances that are unavoidable and extraordinary, Destinia or the organiser, if applicable, shall assume the cost of any necessary accommodations, which should be of an equivalent category whenever possible, for a period not to exceed three nights per traveller. Whenever European regulations regarding passenger rights associated with the means of transportation utilised for the traveller’s return trip specify longer periods, these periods shall apply.

In no event shall Destinia be held liable for the costs of lodging, maintenance, transport or other expenses that arise as a result of delayed departures or returns of the means of transport, whenever such delays are due to Force Majeure. Whenever the trip is carried out by any means of land transportation contracted either directly or indirectly by the organiser, in the event of an accident, the consumer shall be required to present the pertinent claim against the transportation entity in order to safeguard any necessary compensation from the entity’s insurance. Destinia will provide no-cost assistance and guidance in managing the related procedures.

Destinia reserves the right to modify the clauses of the contract prior to the start date of the travel package, but only with regard to aspects of the trip that are not significant. Destinia must notify the passenger of such changes in advance, in a clear and understandable manner.
If any of the services included in the package are not fulfilled in accordance with the contract, the organiser and the retailer must rectify such non-fulfilment, unless doing so would be impossible or would entail disproportionate costs, taking into account the seriousness of such non-fulfilment and the value of the affected travel services.

If the proposed alternatives result in a travel package of lesser quality than that specified in the contract, the organiser or retailer, if applicable, shall apply a suitable reduction in the price paid by the traveller.

The traveller may reject the proposed alternatives only if such alternatives are not comparable to the arrangements that were agreed upon in the travel package contract or if the proposed reduction in price is insufficient.

9. Responsibilities of the airlines

In the event of overbooking, severe delays, denial of boarding, cancellations, loss of luggage, etc., a passenger holding an airline ticket may directly demand that the airline provide transportation in fulfilment of its obligations under EC Regulations 889/2002 and 261/2004 and under the Montreal Convention, 1999.

10. Information for the user

Under current regulations, the user has the opportunity to contract and receive advice on supplemental insurance covering the costs of repatriation in the event of an accident, illness or death, as well as general information on the probable risks inherent in the destination and the contracted travel arrangements.
More information on the traveller’s primary rights, in accordance with the amended text of the General Law in Defence of Consumers and Users and other supplemental laws, as established by Royal Legislative Decree 1/2007 of November 16 can be found at https://www.boe.es/buscar/act.php?id=BOE-A-2007-20555.

11. Reservations

Reservations are subject to acceptance by the provider, depending on availability at the time they are made.

In the event that the passenger has limited mobility or special needs, these can be indicated through our webpage during the reservation process.
Some travel packages are unsuitable for clients with limited mobility or special needs. Please consult our agents for more detailed information.

12. Other supplemental information

12.1 Travel by airplane

In the case of airplane travel, the passenger must arrive at the airport at least two hours in advance of the scheduled departure time and must strictly adhere to any specific recommendations indicated in the flight documentation that has been provided. It is recommended that the client reconfirm the scheduled departure or return times for all flights 48 hours in advance. Schedule changes in charter flights, which may occur up to 48 hours prior to the departure date, shall not be considered sufficient grounds for the client to cancel the trip.

A flight will always be considered a direct flight when the documents consist of a single flight coupon, regardless of whether or not the flight makes a technical stop. In some cases, certain legs of a flight are provided by an airline that does not appear on the ticket or in the reservation confirmation. This is a result of the use of shared codes and alliances between airlines, for which neither the organiser nor Destinia may be held responsible. Since 2007, airlines have required electronic tickets. Because of the multitude of airlines and rates, it is recommended to reconfirm the luggage allowance in each individual case.

In the event that the passenger’s arrival at the destination is delayed, the airline is liable for damages whenever it has failed to take or been unable to take all reasonable measures to prevent such damages. Airlines require that the flight coupons making up a ticket be used sequentially; therefore, the passenger’s failure to show up for the outbound flight shall result in the airlines cancelling the return flight without prior notice.

12.2 Hotel categories

The quality and content of the services provided by the hotel shall be determined by the official category assigned to it, if any, by the competent authorities in the country where it is located. In order to make it easier for the consumer to understand the services and categories of lodging establishments, the information on a hotel category will sometimes be based on the star system, even if this is not the system used in the country where the hotel are located, with the understanding that such classification solely represents the assessment made by the organiser.

Rooms Given current legislation, which only establishes the existence of individual or double rooms, permitting some of the latter to be equipped with a third or fourth bed, it shall be assumed that the use of these extra beds is made with the knowledge of the persons occupying the room, and as such, the room shall be listed as a triple room on all printed copies of reservations provided to the consumer.

Check-in and check-out The usual check-in and check-out hours at the hotels depend on the first and last service the traveller will be using. Unless expressly agreed otherwise, as a general rule, the rooms may be used as of 2:00 p.m. on the day of arrival and must be vacated before noon on the day of check-out.
When the contracted service does not include continuous accompaniment by a guide, in the event that the user anticipates arriving at the reserved hotel or apartment on a different date or at a different time from that which is indicated, in order to prevent problems or misinterpretation, it is appropriate to directly notify the agency or lodging establishment of this circumstance as far in advance as possible.

Hotel lodging services shall be understood as having been provided as long as the room was available to the consumer on the corresponding night, even when the actual check-in time is later than initially anticipated, as a result of the unique circumstances of the travel package.

Admission of pets When making the reservation, the user must consult with the travel agency, in this case, Destinia, as to whether it is allowable to bring animals, as they are generally not permitted in hotels or apartments.

Food service S.A./H.A. = Lodging only A.D./H.D. = Lodging and breakfast M.P.= Half board (normally breakfast, dinner and lodging); P.C. = Full room and board (breakfast, lunch, dinner and lodging). Full room and board with drinks (the drinks included may vary depending on the hotel at the destination). T.I. = All-inclusive S.P. = By programme

Unless expressly indicated, drinks and room service are never included.

Depending on flight times, there may be cases in which it is impossible to enjoy one or more of the services indicated as being included. If this happens, the consumer must notify the agency.

Supplemental services If a user requests supplemental services (a room with an ocean view, etc.) that cannot be definitively confirmed by the organiser and these services cannot be provided, the retail agency shall not assume any liability beyond reimbursing the client for the amount paid for such services, either immediately upon the client’s cancellation of the service or at the conclusion of the trip. In accordance with the determinations of certain hotel establishments, some facilities and conveniences may only be available during specific periods and not during the entire season, for example, air conditioning, heating, pools, hot tubs, etc. Depending on the number of clients of a given nationality, hotels reserve the right to schedule exclusive activities in foreign languages.

12.3 Apartments

At the time of making the reservation, the consumer is fully and exclusively responsible for correctly indicating the number of persons that will be occupying the apartment, including all children, regardless of their ages. The user is advised that the apartment management may legally refuse to admit undeclared persons, and the user shall have no legal remedy in such cases. In some cases, extra beds or cribs may be available, as long as these are requested by the consumer prior to signing the contract. Unless expressly indicated to the contrary, these are not included in the listed price of the apartment.

12.4 Tours

The organiser advises the consumer that, in the case of tours, the lodging service will be provided in one of the related establishments or in another of the same category and in the same zone, and that the itinerary of the tour may be organised in accordance with one of the options described in the programme or offer. In such cases, if the consumer accepts this modality prior to signing the contract, the corresponding lack of definition shall not constitute modification thereof. The coaches used in the tours may vary in their characteristics depending on the number of participants. If there are not a sufficient number of passengers for a given departure, a minibus or other lower-capacity vehicle may be used.

12.5 Transfer service

The organiser advises the consumer that, in the case of some transfers, it will be necessary for the consumer to confirm the pickup time with the company by calling the number indicated in the voucher provided by the organiser for the transfer service.

12.6 Luggage

The traveller’s luggage and other personal belongings are not covered in the travel package contract, with the understanding that these items are transported by the traveller at his or her own expense and risk. Neither the retail agency nor the organiser shall be responsible for incidents of any kind with regard to luggage or for the consequences of such incidents. During the period in which the traveller is lodged at a hotel, the hotel shall be responsible, in accordance with its specific regulations, for any incident related to the traveller’s luggage or belongings.

It is recommended that all passengers be present whenever their luggage is being loaded or handled and that they submit any claims to transport companies or hotels in a timely manner upon observing any deficiency, damage or disappearance in relation to their luggage.

12.7 Special conditions for children

Given the diversity of conditions that may apply to children, depending on their age, the service provider and the travel date, it is always recommendable to enquire about the scope of any special conditions that may exist and that will be subject to specific, detailed information. This shall be indicated in the contract or the travel documents that are delivered to the consumer.

All passengers, regardless of whether they are children or babies, must be included in the reservation, and the exact age of each one must be indicated (one year in the case of babies).

The ages indicated should correspond to the ages the children will be on the date the trip begins.

12.8 Photographs and maps

The photographs and maps that are reproduced in the programmes and on the website are only intended to provide the consumer with additional information. In the event of any type of modification in the establishments, these photos and maps may not be considered false advertising on the part of the organiser or the agency.

12.9 Taxes on lodging

In some countries, there is a tax known as a ‘tourist tax’, which must be paid directly at the establishment.

13. Insurance

Insurance policies may only be purchased at the time the reservation is confirmed.

Once the hotel, flight or tour has been selected, the various available insurance policies will be offered to the client during the confirmation process.
Once confirmed, the insurance may not be modified or cancelled.

Once the insurance is confirmed, it is not refundable. Cancellation insurance allows the user to recover any fees paid for cancelling the reservation, as long as the reasons for such cancellation are covered under the policy.

Assistance and cancellation insurance, in addition to allowing the client to recover the expenses resulting from the cancellation of a reservation, also includes medical coverage and luggage insurance, among other benefits. We recommend that our clients review the insurance coverage they plan to purchase.

14. Claims and limitation of actions

In order to simplify the resolution of claims through civil proceedings and to reduce the consumer’s costs, any possible consumer claims related to non-fulfilment or unsatisfactory fulfilment of the contract must be presented to Destinia in writing, via email addressed to our customer service department at atencioncliente@destinia.com.

With regard to alternative mechanisms for resolving disputes, in accordance with Directive 2013/11/EU(Alternative Dispute Resolution for Consumer Disputes), using the link below, you can consult the accredited alternative dispute resolution entities with regard to the online dispute resolution platform of EU Regulation 524/2013 of the Parliament and the Council.

See the link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

The statute of limitations for actions stemming from the rights established in the Directive and in Article 169 of Royal Legislative Decree 1/2007 is two years.
Claims related to non-fulfilment or unsatisfactory fulfilment of the contract must be immediately presented to the agency in writing and submitted via email to our customer service department at atencioncliente@destinia.com.

You may call 91.524.24.00 for 24-hour telephone assistance with regard to travel packages purchased through Destinia.

Updated on June 11, 2019

Specific Conditions for Hotel and Apartment Reservations

These terms supplement the provisions set forth in the legal notices appearing on the website

Hotel accommodations may be offered as part of a travel package, in which case they will be subject to a special set of rights, which can be found in the General Terms and Conditions for Travel Package Contracts.

1. Company responsible for providing the service

The lodging reservations in this website are provided by the company Wozozo Travel Technology AG, with corporate headquarters located at San Gottardo 54ª, 6830 Chiasso, Switzerland and registration number CH-501.3.021.170-6.

2. Confirmation of hotel reservations

Once the reservation is made and confirmed, the confirmation will be sent by the provider to the email address indicated by the user during the purchasing process. Once payment for the reservation has been completed, the user will receive a voucher in an attachment to the confirmation email. This voucher must be presented at the establishment.

In the event that such information is not received, the user must contact our Customer Service Department.

If the reservation is made by telephone, the user must provide an email address where Destinia can send the reservation confirmation message.

 3. Descriptions

Some of the services offered by the hotels may involve additional fees. It is recommended that the user verify such fees directly with the hotel.
Unless otherwise indicated, room descriptions are based on double-occupancy rooms with a private bath. Some establishments offer the possibility of reserving shared rooms or private rooms with a shared bath, which will be specified in the room description.

In the event that the user discovers any discrepancy upon arrival at the hotel, we recommend contacting our Customer Service Department immediately.

4. Photographs

Due to the inherently temporal nature of photographs, they are not contractually binding, but instead should be viewed within the context of the description of the contracted services.

The rooms shown in the photographs of the hotel are for purely informational purposes and may not correspond to the room that is ultimately assigned by the establishment.

We remind you that it is the hotel, and not Destinia, that assigns the rooms to clients at the time of check-in.

5. Reservation prices and payments

All reservations, with the exception of those specified as being payable directly at the lodging establishment, shall be placed as soon as the user clicks on ‘Book and Pay’, with the sole exception of those cases in which a payment method other than a credit or debit card is accepted or whenever instalment payments are permitted. Therefore, all fees that are not specified as payable directly at the lodging establishment shall be charged at such time as the user clicks on the ‘Book and Pay’ button.

Prices are expressed in various currencies, although the fees for contracting the services are charged in euros (EUR), US dollars (USD), pounds sterling (GBP), United Arab Emirates dirhams (AED), Saudi riyals (SAR), Moroccan dirhams (MAD), Mexican pesos (MXN), Australian dollars (AUD), Swedish kronor (SEK), Danish kroner (DKK) and Egyptian pounds (EGP), depending on the payment currency selected by the user. Your banking institution may impose a surcharge or commission for exchanging currency. Destinia cannot be held responsible for these types of surcharges and commissions imposed by banking institutions or intermediaries.

Our prices for lodging services include lodging at the chosen establishment with the contracted board type and all the services and extras specified in the voucher, as well as any applicable indirect taxes on consumption.

Our prices do not include any other services not expressly specified in the voucher, including, but not limited to: visas; vaccination certificates; and extras, such as coffee, wine, liquor, mineral water, special diets, laundry and ironing, WiFi, parking, telephone use, cribs, TV lease, spa services, thermal baths, massages, medical, therapeutical or health treatments, or any other similar services offered by the establishment for an additional fee that is not included in the price paid for the primary lodging services that have been contracted.

6. Payments made at the establishment

If reservations are to be paid directly at the lodging establishment, this fact will be expressly indicated. Otherwise, payment shall be understood as having been made to Destinia at the moment the reservation is confirmed.

In the case of reservations in which it is indicated that payments will be made directly to the establishment, Destinia will not collect the amount due for the reservation at the time it is made. Instead, it will be paid directly to the hotel or other lodging establishment by the user upon check-in or check-out.

The lodging establishment reserves the right to charge the client for all or part of the reservation at any time from the moment the reservation is confirmed.

In the case of non-refundable fees, the lodging establishment shall charge 100 percent of the amount due for the reservation at the time the reservation is confirmed. If the reservation cancellation policy is flexible, the lodging establishment will generally charge the client at such time as the reservation generates any cancellation fees or upon the client’s arrival. In the event that the reservation is cancelled and no cancellation fees apply, this amount shall be deducted from the total price of the reservation or credited back to the user’s payment method.

If the credit card used to guarantee the reservation cannot be correctly validated by the establishment, the establishment reserves the right to cancel the reservation.

7. Resort fees and taxes on lodging

In the case of certain destinations, additional lodging or local taxes and fees may apply. Such taxes and fees may vary in relation to the particular destination and the classification of the establishment. The user shall be solely responsible for paying such taxes, which shall be paid directly at the establishment.

Some establishments, especially those in the US and the Caribbean, have an internal policy of charging Resort Fees, which are a fixed, additional fee charged to the clients by virtue of certain value-added products and services that are available at the hotel establishment. The user shall be solely responsible for paying the Resort Fee, which shall be paid directly at the establishment.

8. Security deposits

At the time of check-in, it is customary for most apartments to request a security deposit, which is reimbursed at the time of check-out, once the apartment has been inspected to confirm that it has been left in good condition.

This deposit may be collected by the establishment via credit card or in cash, depending on the internal operating procedures of the individual establishment.

9. Cancellation insurance

During the reservation process, the user is given the opportunity to purchase cancellation insurance, which is recommended, as it allows the user to recover any cancellation fees paid, whenever the reasons for cancellation are covered under the policy. The user may also purchase assistance insurance, either by itself or in combination with cancellation insurance.

Insurance may be purchased only during the reservation purchasing process. Insurance may not be added to a reservation that has already been confirmed.
Once confirmed, the insurance may not be modified, nor may it be cancelled without a fee.

10. Establishment categories

The quality and content of the services provided by the hotel shall be determined by the official category assigned to it in the country where it is located and shall be subject to governmental supervision. This classification may not correspond to that offered by other States, and quality may vary slightly between accommodations of the same category in different locations, including locations within the same country. It is recommended that users carefully read the information provided, as well as any additional information available on the various review and rating websites.

11. Operating hours and seasons

In some establishments, certain services and facilities may not be available 24 hours a day or 365 days a year. For example, unheated pools are typically only open during the summers, and in most cases, heated pools are only heated during the winters. It is also possible that some of the facilities at an establishment may be closed for renovations, repairs or maintenance.

The internal operating procedures of each individual establishment determine when these services are open or available.

We recommend that the user verify this information directly with the establishment.

12. Use of rooms and apartments

At the time of making the reservation, the user is fully and exclusively responsible for correctly indicating the number of persons that will be occupying the room or apartment, including all children, regardless of their ages. The user is advised that management of the establishment may legally refuse to admit any undeclared persons, in which case the user waives the right to file any claims in this respect.

13. Double- and triple-occupancy rooms

In light of the current legislation in certain destinations (which only establishes the existence of single- and double-occupancy rooms, permitting some of the latter to be equipped with a third or fourth bed) and the normal layout specific to the hotels, in the event that the reserved room has capacity for more than two persons (or reference is made to triple- or quadruple-occupancy rooms), unless confirmed by the hotel, this shall be understood as a double-occupancy room with one or two additional beds. Occasionally, the extra bed may be a sofa-bed.

13.1 Double beds or two beds

Unless the designation of the room clearly indicates the type of bed assigned, any reference to a standard or double room shall be understood as referring either to a double bed or to two beds, depending on availability and the hotel’s internal policies.

Under no circumstances can Destinia guarantee a particular type of bed, although Destinia will communicate the client’s preferences to the hotel.

14. Check-in and check-out times for hotels and apartment hotels

Check-in at hotels is generally any time after 2:00 p.m. Check-out normally has to be completed prior to noon on the final day of the reservation.
Please bear in mind that check-in and check-out times are established according to each hotel’s internal policies and may differ from those specified in these general terms and conditions. It is recommended that the user verify this information directly with the hotel.

15. Check-in and check-out times for apartments

Check-in at apartments is generally any time after 5:00 p.m. Check-out normally has to be completed prior to 10:00 a.m. on the final day of the reservation.
Please bear in mind that check-in and check-out times are established according to each apartment’s internal policies and may differ from those specified in these general terms and conditions. It is recommended that the user verify this information directly with the establishment.

16. Apartment key pickup

Once the reservation has been confirmed, it is recommended that the user verify the time and place where the keys are to be picked up, as keys are not always handed over at the same address where the apartments are located.

In the event that the client arrives at the apartment outside of reception desk hours without having contacted the management to confirm delivery of the keys, it may be impossible to enter the apartment. Destinia shall not be held responsible under these circumstances.

Keys are generally picked up between 5:00 and 8:00 p.m. We remind you that picking up keys outside of these hours may entail an additional fee.

17. Valid period of the reservation

Reservations are normally held until 8:00 p.m. on the scheduled check-in day. If a later arrival is anticipated, it is recommended to notify the establishment directly. In the event of an arrival after 8:00 p.m. without having notified the establishment in advance, the room may no longer be available and the reservation may be considered a no-show and subject to payment of the full amount.

18. Groups

The rates offered by Destinia are only for individual reservations of up to 10 persons and are not valid for groups. The hotel may reject any reservations that, in its judgement, might constitute a group.

19. Minors

Children under the age of 18 are not permitted to stay at hotels or apartments without the accompaniment of at least one person of legal age per room.
Please bear in mind that, in some places (e.g. the United States), the minimum age is 21.

20. Cribs and additional beds

In some cases, extra beds or cribs may be available, as long as these are requested by the user at the time the reservation is made, as some establishments only avail of a limited stock of these items. Unless expressly indicated to the contrary, this service is not included in the price and must be paid directly at the establishment.

Please note that, in the case of reservations including babies or children, there is no guarantee that the room will have a crib or extra bed, although the room will be suitable for the number of persons included in the reservation.

21. Pets

Destinia cannot guarantee the possibility of bringing pets to the establishment booked by the user. While they are generally not allowed, we recommend verifying this information directly with the establishment prior to contracting any services.

Simply indicating in a note on the reservation that the user will be travelling with a pet is no guarantee that the hotel will allow the pet.

Please note that some hotels that allow pets charge an additional fee.

22. Board types

22.1 Full room and board

Full room and board includes breakfast, lunch and dinner, and unless indicated expressly to the contrary, does not include beverages.

The first meal provided by the hotel is generally dinner on the day of arrival, and the last is generally lunch on the day of check-out. As this order may vary depending on the internal policies of the establishment, it is recommended to verify the initial meal service directly with the hotel.

In the event that the client wishes to modify the order of the meals, for example, to make use of the meal service on the day of arrival and conclude with breakfast on the day of check-out, it will be necessary to consult the hotel directly at the time of making the reservation in order to find out if such modification is possible.

22.2 Half board

Half board includes breakfast and dinner, and unless indicated expressly to the contrary, does not include beverages.

Under certain circumstances, hotels may reserve the right to modify the order of meals in accordance with their internal policies.

In the event that the user wishes to substitute lunch for dinner, it will be necessary to consult the hotel directly at the time of making the reservation in order to find out if such modification is possible.

22.3 All-inclusive

This varies, depending on the internal programme of the chosen hotel. The user can verify the specifics by contacting the hotel.

In the event that the hotel has multiple all-inclusive programmes, the one displayed in our available programmes will always be the most basic one, unless expressly indicated otherwise. In the case of any doubts, we recommend that the user contact our Customer Service Department to verify the information.

22.4 Beverages

The user is reminded that, unless stipulated otherwise in the voucher, drinks are not included in the meal plan.

Important: As special meals or dinners (gala dinners, New Year’s Eve dinner, Epiphany dinner, etc.) are not included in the price of the reservation and will be subject to a surcharge, we recommend that the user consult our Customer Service Department.

23. Modifications and cancellations made by the user

23.1 Modifications requested by the client prior to check-in at the hotel

In the event of modifications to the user’s reservation, Destinia cannot guarantee the provider’s availability on the requested dates or ability to fulfil the requested conditions. Once a request is received, the establishment will be contacted in order to confirm the new conditions, which will then be offered for the user’s approval and acceptance before the modification is finalised.

The service fee for modifying any lodging services that have been contracted through Destinia is TWELVE euros (€12) per reservation, unless they have been purchased as part of a lodging and transportation package, in which case the fee shall be TWENTY euros (€20) per passenger.

23.2 Modifications requested by the client once checked in at the lodging establishment

Once the user is checked in, the establishment may bill the full amount of the reservation, even if the client does not stay for the full duration.

Once the client has begun using the lodging services, in the event of any request for modifications to the contracted terms, Destinia agrees to make every necessary effort to satisfy such request. Any requested modification that involves new terms with the establishment shall be offered for the user’s approval and acceptance before the modification is finalised.

In the event that the user vacates the establishment prior to the check-out date stipulated in the reservation, in order to receive a refund for any unused services, the user must obtain written proof of check-out from the establishment, indicating that no amounts will be charged for the unused nights.

24. Special requests

When sending the reservation confirmation to the lodging establishment, Destinia agrees to include any special requests made by the client.

Please bear in mind that confirmation of such requests is exclusively up to the hotel, depending on availability at the time of the client’s arrival. Therefore, Destinia cannot guarantee or provide advance confirmation of these requests, which may entail an additional fee.

25. Cancellations

The user shall be informed of the cancellation fees during the purchasing process, as well as in the reservation confirmation message. The date and time of cancellation shall be indicated in the local time zone of the hotel.

Please bear in mind that some providers may consider any reductions in the number of nights or any changes in the reservation dates or in the names of the reservation holders as cancellations, rather than modifications.

In the event that the fee is non-refundable, it will not be possible to modify or cancel the reservation.

The service fee charged by Destinia for cancellation requests submitted to an agent is TWELVE euros (€12) per reservation.

25.1 How to cancel a reservation

The user may cancel a reservation in the My Account page of the Destinia website or by clicking on the cancellation link included in the reservation confirmation email.

In the event that the user is unable to cancel the reservation, he or she must contact our Customer Service Department.

25.2 Failure to show up at the lodging establishment

In the event of a no-show or failure to appear at the lodging establishment, the establishment may charge the full amount of the reservation as a penalty. Destinia shall not be held responsible if the establishment retains this amount. Please bear in mind that, if you do not show up on the first night of the reservation and subsequently appear to register for the following nights that have been booked, some establishments have the policy of cancelling all of the remaining nights without further delay. Therefore, we recommend advising the establishment as far in advance as possible in the event of any anticipated delays in your arrival. Destinia shall not be held responsible for the consequences that may arise from any delays in checking in to the establishment or for any cancellation or additional fees that the establishment may impose as a result of your failure to appear.

26. Right to cancellation

In accordance with Article 97.1 of the Revised Text of the General Consumer and User Protection Act (known by its Spanish initials, TRLGDCU), the user is hereby informed that his or her right to cancellation shall be inapplicable, pursuant to the provisions of Article 103 of the aforementioned law.

27. Waiver of liability

Destinia is responsible for confirming the user’s reservation, but shall not be held responsible for its fulfilment, which is the exclusive responsibility of the lodging service provider.

If the user has confirmed lodging reservations through Destinia and a dispute arises prior to provision of the services by the lodging establishment (e.g. the hotel), Destinia agrees to act as an intermediary in order to offer alternative lodging at an establishment of the same category or higher.

If the user should decide not to accept the proposed alternative, Destinia, in its capacity as agency, shall reimburse any amounts paid.

Destinia agrees to exercise maximum diligence in order to ensure that the data appearing on this website is accurate and up-to-date at all times. The information displayed on this website has been supplied by the providers, and Destinia shall not be held responsible for any possible inaccuracies.

The website may contain links to other websites. Destinia has no control over such third-party websites and shall not be held responsible for their content or for the content of any other meta-search engines that may originate from our website, but that are not the property of Destinia.

28. Claims and the statute of limitations

In order to simplify the resolution of claims through civil proceedings and to reduce the consumer’s costs, any possible consumer claims related to non-fulfilment or unsatisfactory fulfilment of the contract must be presented to Destinia in writing, via email addressed to atencioncliente@destinia.com.

With regard to alternative mechanisms for resolving disputes, in accordance with Directive 2013/11/EU (Alternative Dispute Resolution for Consumer Disputes), using the link below, you can consult the accredited alternative dispute resolution entities with regard to the online dispute resolution platform of EU Regulation 524/2013 of the Parliament and the Council. For further information, visit https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

The statute of limitations for actions stemming from the rights established in Royal Legislative Decree 1/2007 shall be two years, in accordance with Article 169.

 

Updated 09-07-2019