Please read the following terms and conditions carefully: you must not make any booking unless you understand and agree with the following terms and conditions. The terms and conditions as explained below will apply to all persons and representatives of those having participated or participating in itineraries and travels from Exclusive Travels Plus SL or “Exclusive Spain”.
TERMS AND CONDITIONS
References to “Exclusive Spain”, “us”, “we” and/or “our” in these booking terms and conditions shall mean Exclusive Travels Plus SL.
References to “You”, “Your, “User”, “Client”, Traveller” and all terms generally referring to you shall mean persons and representatives of those having participated or participating in itineraries and travels from Exclusive Travels Plus SL or “Exclusive Spain”.
In making the payment of the Booking Deposit or any later payment you are confirming that you accept the following Terms and Conditions.
1.2 This Agreement shall commence upon receipt by us of the first deposit/payment or, in the case of a late booking, upon receipt of the full payment of the journey (see points 3 and 5). In any case, the use of our services is also a confirmation that you have read and accepted these terms and conditions.
1.5 Under the license number 2792, Exclusive Spain meets legal, financial and insurance requirements in accordance with Spanish legislation and travel agency regulations. Exclusive Spain is a registered trademark owned by the company Exclusive Travels Plus SL, registered in Spain with VAT number CIF B-86570835 and with address in Calle Cruz de la Atalaya 7, Pozuelo de Alarcón 28223.
- Services Intermediation
2.1 We act only as intermediaries of all suppliers of hotels, transport, tourist guides, providers of tourist services and tourist activities. These suppliers are independent. You acknowledge and agree that we are not responsible for any loss, damage, delay, inconvenience or injury resulting from any act or omission of these suppliers, their employees, agents or representatives.
2.2 We are not liable when a failure or incorrectness of any of our obligations to you is due to: errors or faults on your part or on the part of a member of your group; errors or failures of third parties who do not work with us, and when the provision of services for which you have hired us are unpredictable or unavoidable; or in circumstances beyond our control or beyond the reasonable control of our service providers (unlimited circumstances, as described in item 7).
2.3 Our service providers or local representatives are instructed not to act as our agents when making a reservation of alternative activities other than those approved and offered by us. Any assistance you may provide, requested by you and related to these activities, does not imply that you have acted as our agents or under our authority or approval. We are not responsible for these activities and we have no obligation to you in relation to any of them.
2.4 The price and availability of the supplier may change without notice. You agree that we are not responsible for any errors or omissions in any quotation or description that result in price or content discrepancies, nor are we responsible for any errors or omissions that may occur as a result of incorrect information from third parties.
- Payment Conditions
3.1 All payments can be made by bank transfer or credit card Visa, MasterCard or AMEX. You authorise us to charge all fees incurred by you in relation to the services provided to the credit card or debit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.
3.2 At the time of booking you will be notified about the price of your trip. At that time, you will be asked to pay EUR500 per person of the total price of the trip or 10% of the total trip, which of the two is at the discretion of Exclusive Spain. Only when we receive this Booking Deposit will we make reservations on your behalf, which means that until the time of payment, the prices and availability of the trip are not guaranteed.
Unless you are making a late booking (see item 3.4), the remaining amount must be paid within either 45 days prior to your arrival date, or 60 days prior to your arrival date if it is a group of four or more participants. If on this date you have not made this payment, we will consider the reservation cancelled by you, for which you will be responsible for paying the cancellation expenses (see item 5.2).
Prices are subject to change at the discretion of the supplier, prior to booking. This is out of the control of Exclusive Spain. The price is only guaranteed once paid for in full by you. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include fuel surcharges, taxes and airfare increase. Airline taxes are subject to change and are confirmed at the time your airline ticket is issued. There may also be a local tax charged at some airports or hotels.
3.3 As soon as we receive your initial payment, or in case of late booking, the full payment, we will send you a written confirmation with the details of your reservation (the “Travel Information”). This information includes your itinerary, the start and end date, the total cost, the amount received by us and the missing value information when applicable.
3.4 Late booking means any trip booked less than 45 days before the start date of your trip, or 60 days in case it is a group of four or more partcipants. In this case, you will be asked to pay fully for your trip.
4.1 All prices are in Euros and include VAT.
4.2 Our travel prices do not include:
- Airline tickets except domestic flights
- Security costs included or added after booking, and which affect transport costs
- Meals and beverages not specified in the itinerary
- Expenses of a personal nature or hotel extras e.g. telephone calls, laundry, luggage service, etc.
- Tips for guides and drivers
- Travel insurance
- Obtaining a visa when necessary
- Cancellation and No-Shows
5.1 If you wish to cancel all or part of your booking, we request that you submit this request in writing.
5.2 Our cancellation charges will be applied and calculated according to the date of receipt of the cancellation request in writing:
(i) all deposits are non- refundable for changes of mind or cancellations by you
(ii) until 45 calendar days prior to the commencement date of travel set forth in the Travel Information, or until 60 days prior in case of a group booking, the cancellation fee will be the highest of either EUR500 per person or 10% of the total travel cost and all expenses incurred as a result of accommodation bookings;
(iii) 44-30 calendar days prior to the commencement date of travel set forth in the Travel Information the cancellation fee will be 20% of the total travel cost and all expenses incurred as a result of accommodation bookings;
(iv) 29-14 calendar days prior to the date of commencement of travel set forth in the Travel Information, the cancellation fee will be 75% of the total travel cost and all expenses incurred as a result of accommodation bookings;
(v) less than 14 calendar days prior to the date of commencement of travel indicated in the Travel Information or in case of a no-show, the cancellation fee will be 100% of the total cost of the trip.
5.3 These cancellation costs apply to all bookings except where a reservation includes items or services where the costs of cancelling our suppliers are higher than those indicated in item 5.2> please do inquire at the time of booking, as there are often services that may charge 100% for cancellation.
We act as an agent for and sell various travel related products as agent on behalf of, numerous transports, accommodation, and other service providers, such as airlines, coach, rail and cruise line operators, as well as all of our wholesalers. Any services we provide to you are collateral to that agency relationship. Our obligation to you is to (and you expressly authorise us to) make travel bookings on your behalf and to arrange relevant contracts between you and travel service providers. We exercise care in the selection of reputable service providers, but we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by third parties.
All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by these service providers. We can provide you with copies of the relevant service provider terms and conditions on request. Your legal rights in connection with the provision of travel services are against the specific provider and, except to the extent a problem is caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any travel service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.
We cannot guarantee the performance of the supplier. Bookings are subject to the supplier’s T&C’s including conditions of carriage and limits on liability. Customer is responsible for reading these before finalising transaction. Any brochures are not agent’s but are supplied by the suppliers. Agents accept no liability for errors in that material.
- Changes to your booking
If you wish to change your booking
6.1 If you wish to change your booking, you must inform us in writing as soon as possible. While we try to help, we cannot guarantee that requests for change will be met. Some airfares or services must be paid in full at the time of booking. We may charge a non-refundable change fee per person to cover administration costs arising from these changes. You will be informed of this alteration fee when we receive your order.
6.2 You agree to pay for the expenses that result from the change. These expenses may include cancellation fees payable to hotels and other suppliers as well as costs related to airline/train tickets or other means of transport. You accept and agree that there are some services that are not refundable as of the time they are reserved. Additionally, there are airlines that envisage a name change or other change to an existing booking as a cancellation for which you will have to pay the full cost of an alternate flight.
If we have to change your booking
6.3 We will do our best to avoid changing your travel booking, however we may be forced to do so. If you need to change any aspect of your booking, we will make every reasonable effort to inform you as soon as possible. As described in item 8 of these terms and conditions, if you do not accept a change proposed by us, you may cancel the specific part of your reservation related to this change. In this case, it will be refunded for that specific part of the booking, which should constitute a complete and final settlement. No refunds or compensation will be payable.
6.4 In exceptional circumstances, we may be forced by force majeure (see item 7) to change or cancel your trip. This is an extremely unlikely situation, but if it occurs, unfortunately, we will not be able to provide a refund, pay any compensation or bear any costs or expenses incurred.
Service Fees, Supplier Change and Cancellation Fees:
6.5. Exclusive Spain acknowledges we may receive fees, commissions, gifts or financial incentives from third parties under this contract. Cancelled bookings may also incur supplier fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Supplier fees may also apply where a booking is changed and when tickets or documents are re-issued. Where we incur any liability for a supplier cancellation fee for any booking which you change or cancel, you agree to indemnify us for that fee. Where you seek a refund for a cancelled booking for which payment has been made to the supplier, we will not provide a refund to you until and unless we receive the funds from that supplier, which can take up to 90 Days.
- Force Majeure
We will not pay damages or accept any debt when a change or cancellation is due to circumstances beyond our reasonable control, including (without limitation) strikes, lock-outs or other business acts, labour issues, natural disasters, war, riots, pandemic, intentional damages, in accordance with any law or governmental order and regulation of any law or directive, impossibility of using any public or private means of transport or any action imposed by the government or a regulator, equipment or machinery failure, fire, other adverse weather conditions (including torrential rains, hail, snow, fog or frost) affecting any airport, port or connecting transport, boarding or landing point and their activity, flight delays, other factors affecting air traffic control (including equipment failure, and software), siege, acts of terrorism, police or security alerts or precautionary measures taken.
- Our duty to you
8.1 We assume the responsibility to ensure that the program of your trip is fulfilled with the detail described upon your booking placement. If you feel that some part of the organisation of your trip is not being fulfilled as promised, you should let us know -to us or the tour guide accompanying you- as soon as possible. We will try -where possible and appropriate in the circumstances- to arrange suitable alternatives.
8.2 Our agency has civil liability insurance with full coverage.
8.3 Please note that we are not responsible for:
(i) events beyond our reasonable control;
(ii) acts or omissions of third party suppliers and service providers (see section 2.2);
(iii) any loss, damage, compensation/indemnification or expense if there is no error or negligence on our part;
(iv) any special loss, direct or indirect, including loss of profit or loss of business (direct or indirect);
(v) any damage, loss, compensation or expense you have incurred that we could not have anticipated based on the information you have given us;
(vi) any services that are not part of our Contract; for example, any services or additional offers proposed by your hotel or by the service providers of our suppliers.
8.4 If we are liable for any fault or error affecting your travel, we limit the maximum amount to be paid as compensation to the total amount of the trip.
8.5 You agree that you are responsible for all losses, damages or claims that may arise as a result of any misconduct by you or any member of your group as part of your trip. If we receive a claim resulting from your acts or any of the members of your travel group, and if any cost is claimed as compensation, we will charge you that amount, including all associated penalties.
- Your responsibilities
9.1 We are committed to making your trip as rewarding and fun as possible. But we need your help in doing this. We ask that you respond to our questions in a timely manner so as not to delay the planning process of your trip designed to suit you.
9.2 It is your responsibility to ensure that you have a valid passport and that you meet all the necessary entry requirements in the country or countries you are visiting. These requirements vary according to country and nationality and may change from time to time. Exclusive Spain will do its best to inform travellers about these general requirements, but we ask that you contact the appropriate embassy (s) / consulate (s) in your country of residence.
9.3 It is your responsibility to ensure that all details of travel documents are correct and to notify us in a timely manner of any errors or discrepancies. Your travel documents are valuable and it is your responsibility to keep them safe at all times.
9.4 It is your responsibility to purchase travel insurance. Before your departure, we recommend that you purchase a comprehensive and appropriate insurance for your trip and extend it to all members of your group.
9.5 We are not responsible for delays, changes or any expenses related to your incomplete, expired or inaccurate documentation or travel insurance.
9.6 It is your responsibility to ensure that you and all members of your group do not behave inappropriately or cause danger, distress, injury or damage to others or property belonging to others. If, in our or our suppliers’ opinion, your behavior is inappropriate and causes any of these situations, we may be forced to take appropriate action, including cancellation of your trip. In such circumstances, no refund will be granted and no compensation will be paid and the expenses for which you have become liable or incurred will not be paid by us, nor will we be able to provide you with your recovery. You may also be subjected to a police inquiry or to security measures or, in the event of any offense being committed, investigation, prosecution and fines in Spain.
- Health Requirements and Travel Advice
You are responsible for ensuring that any existing health condition or disability that may require assistance is disclosed to us prior to booking your trip or, if recently diagnosed, prior to your scheduled departure date, so that we may transmit those details in a timely manner to our service providers. Under no circumstances shall we be liable if any carrier refuses to accept you or any member of your group as a passenger, due to health conditions or incapacities that have not been communicated to us.
We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel for any vaccination requirements. In some cases, failure to present required vaccination documentation may deny you entry into a country.
- Complaints and refunds
We will do everything in our power to fulfil your trip according to the program that we presented to you. However, if for any reason you are not completely satisfied with the service offered, you should send us an email as soon as possible with details of your complaint to email@example.com : we will make every reasonable effort to come up with an alternative proposal. If the problem cannot be solved during your trip, you must write to us within a maximum of 15 days, giving all the details. We will not provide you with a refund for the service fee charged if the booking does not go ahead or the trip has already taken place. Refunds for bookings are subject to the T&C’s of the supplier. If the supplier is required to provide you with a refund for the booking, agent will provide the refund, subject to the supplier’s T&C’s. We are not responsible for supplier delays in issuing refunds. Note All suppliers can take between 60 – 90 days to process any refund.
We may also disclose your personal information to our service providers who perform services for us. Generally, we will only disclose your personal information to these persons in connection with facilitation of your travel booking and/or to enable the performance of administrative and technical services by them on our behalf.
Where we disclose your personal information to any person, you agree that we will not be required to ensure that person’s compliance with privacy laws or otherwise be accountable for how they handle your personal information. When used above, “disclose” includes to transfer, share, send, or otherwise make available or accessible to another person or entity.
- Law and Jurisdiction
Any disagreement with these terms and conditions will be dealt with under Spanish jurisdiction and law.
The website www.ExclusiveSpain.es is offered as an informational supplement only, and this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information. Please make sure you inquire with Exclusive Spain about any specific requests.
Exclusive Spain reserves the right to alter and change these Terms and Conditions as it sees fit, and it is the responsibility of the customer to ensure they understand these Terms and Conditions before agreeing to a trip or using ExclusiveSpain.es.
If you have any questions, please contact us at:
Exclusive Travels Plus S.L.
Or you can call customer service at +34 91 416 6838
Legal Address: C/ Cruz de la Atalaya nº 7 – piso 9.2.2 28223 Pozuelo de Alarcón Madrid
Titular de la agencia:
Beatriz Bunzl. Dirección fiscal: Calle Cruz de la Atalaya nº 7 – piso 9.2.2
28223 Pozuelo de Alarcón – Madrid