General Terms and Conditions in2tours / Viajes Fabisa S.L.
Conclusion of a Contract
At the request of the customer, in2tours provides an individual travel offer. The travel offer from in2tours is noncommittal by which no contractual relationship exists between in2tours and the customer. The website of in2tours outlines the services and prices (standard prices), indicated in leisure and hotel brochures and these do not represent a formal offer or a legally binding contract. With receipt of the travel registration/reservation of the customer, the customer of in2tours contracts for the reservation of the desired package tour arrangements and/or the desired individual service of other tour operators.
The travel registration/reservation of the travel arrangement desired by the customer can take place verbally, in writing, by telephone, by fax or electronically (by email). The travel contract for the relevant package tour provided by in2tours commences between in2tours and the customer, as soon as in2tours confirms the travel registration/reservation with the electronic reservation confirmation to the customer. In the event of in2tours obtaining the services of other suppliers, in2tours is not, with regard to the supplied product, the Contracting Party. The travel contract for the service desired is between the customer and the other supplier. The general contract and travel regulations of this supplier are valid. In2tours is only a representative/intermediary. After the successful booking of the desired service an electronic reservation confirmation takes place. The customer is responsible for all the contractual obligations of fellow passengers for which he makes the reservation, as he is for his own obligations (in particular for the payment of the travel price). The contractual agreements and this General Travel Conditions are valid for all travel express purchasers. Travel representatives (e.g. travel agency) and service providers (e.g. hotel, transport enterprise) are not authorized by in2tours to make agreements, supply information or make warranties that amend the agreed contents of the travel contract, beyond which contractually binding services of in2tours stand in direct contradiction to the travel advertisement of in2tours.
Prices and Terms of Payment
The travel price which will be paid by the customer is calculated by in2tours. All quotations for package tours of the in2tours are quoted in Euros and contain the valid VAT rates and fees in each case unless specified differently.
In2tours conveys all travel documents (Vouchers) via e-mail, including the price and invoice for payment. Journey reservations require a pre-payment of 25% of the total travel price. This is payable no later than seven days after transmission of the travel documents, or in accordance with the payment date fixed on the calculation. The remaining 75% of the total travel price is to be paid no later than thirty days before travel starts, or in accordance with the payment date fixed on the calculation. Reservations made less than thirty days before the travel commencement date, require the total travel price to be paid in full, immediately upon receipt of the travel documentation. Any fees arising from bank transfers are debited to the customer. Any provision of services by other suppliers (e.g. travel arrangements) or individual products (e.g. air tickets, hotel reservations) may incur a in2tours handling fee.
Non-punctual payment entitles in2tours to cancel the holiday package and contract. In case of price changes of services obtained from other suppliers their terms and conditions will apply.
Cancellation Rights and Conditions
Customers with package tours of in2tours can withdraw at any time before the beginning of the tour. The cancellation must be relayed to in2tours in writing by fax or electronic message. In the event of the customer cancelling the journey or should it be annulled or not commence, in2tours will charge appropriate compensation as follows:
in2tours recommends the purchase of insurance to safeguard against the loss of a holiday. The customer can purchase this with the conclusion of a contract, through the in2tours service centre.
Changes to the Service or Non-Supply of the Service Arising from the Package Offered by in2tours
Changes to the specified holiday package which become necessary after conclusion of a contract and are caused by in2tours acting in good faith, are only permitted as long as the changes are not substantial and do not impair the overall quality of the holiday.
in2tours has an obligation to inform the customer immediately regarding any change to the service.
In the event of a substantial deviation from the contracted package, the customer may without penalty, withdraw from the travel contract. This will only be valid providing that the customer communicates any cancellation in writing within 5 days of the changes notified by in2tours.
In exceptional cases, in2tours may be compelled to cancel the travel arrangement for reasons of security or force majeure. For example: wartime situations, unrests, strikes, late hotel openings. In2tours is not responsible for the refund of any verifiable cost or expenditure that has arisen prior to departure. In these instances further claims for damages are excluded. In2tours will inform the customer of any cancellation as soon as possible and endeavor without obligation, to offer an acceptable alternative.
If products and services from third party suppliers, negotiated by in2tours, are cancelled by these suppliers, in2tours reserves the right to arrange a substitute for the desired service or product, providing it does not substantially alter the nature of the original holiday. All third party products and services, and any changes made to these products and services, are subject to the terms and conditions of the relevant supplier.
Re-bookings / Name changes
Once a contract has been agreed, the customer cannot change travel dates, destination, starting point, accommodation, or the mode of any transport. However, if a re-booking or name change is requested by the customer, in2tours reserves the right to charge a handling fee.
Unused Services
Customers having to prematurely cut short or change their holiday for any reason, are not entitled to a refund.
Complaints during the Holiday
If it is not possible to deliver the requested in2tours package tour, then in2tours will without liability, make every effort to provide an acceptable alternative that, if possible, retains the purpose and character of the original package.
Customers having cause for complaint during any in2tours package tour must notify in2tours within 24 hours. This is a necessary condition which makes it possible to claim for reimbursement in some form and, in addition to provide a remedy in most cases. Only in2tours can accept or approve any indemnity claim.
All complaints to in2tours regarding the service provision of other suppliers, are subject to the terms and conditions of these suppliers.
Limited Liability
Where in2tours acts as a travel agency, it is governed by paragraph 14 of the Federal Law regarding package tours (PRG). This pertains to the careful selection, organization and procurement of agreed holiday packages. For property and financial damages, resulting from a default or non-fulfillment of the package tour contract, and providing that in2tours did not cause the damage intentionally or through gross negligence, the liability of in2tours is limited to an amount no greater than double that of the original package tour, unless the limits recognized by international agreements are lower. The liability relates only to the direct damages. In2tours recommends that all customers purchase an appropriate insurance policy. In2tours cannot be held liable if the default or the non-fulfillment of the package tour contract is due to:
• The fault of the customer.
• Unforeseeable or unavoidable faults caused by third parties not directly involved in the contracted service.
• Force majeure, strikes, civil unrest, war, terrorism, official measures of any kind, or any event that reasonably could not have been foreseen by in2tours.
• It is the responsibility of the customer to remain informed about any possible dangers which may be connected with the stay in the host country.
• In2tours is not responsible for theft, loss or abuse of objects of value, cash, cheque-books or credit cards.
In2tours cannot accept liability for the default or the non-fulfillment of services such as travel arrangements, flight tickets and hotel reservations obtained from third party suppliers, unless in2tours contributed intentionally or negligently to the problem. In2tours does not assume any liability for problems arising from purchased flight reservations. This includes amongst other things: problems which develop from not reconfirming flights to the airline, from misinformation regarding the transport of any kind of luggage (including sports luggage) on different airlines, on the loss of luggage or damaged luggage, flight delays and flight cancellations etc.
Applicable Law and Place of Jurisdiction
The applicable law between the customer and in2tours is under the jurisdiction of Spanish law. The exclusive jurisdiction Palma de Mallorca.