Name: Rita Trip, S.L.
Domiciles: Avda. Ernest Lluch, 32. Tecnocampus Mataró – Maresme. TCM 2 Planta 5ª D6
08302 Mataró (Barcelona)
Tax ID: B-67374108
Phone: 93-702-32-33
Email: info@bwelltrip.com
Bwelltrip is a brand owned by Rita Trip, S.L., Retail Travel Agency, domiciled at Avda. Ernest Lluch, 32. Tecnocampus Mataró – Maresme. TCM 2 Planta 5ª D6, 08302 Mataró, Barcelona.
Rita Trip, S.L. is a company registered in the Commercial Register of Barcelona, Volume 46.774, Page 140, Sheet 530469, Entry 1.
Rita Trip, S.L. is a member of Corporate Association of Specialized Travel Agencies (Acave).
The combination of travel services offered is a package vacation/package holiday/package tour in the meaning of the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws approved by Royal Legislative Decree 1/2007, of November 16.
Therefore, the customer will enjoy all the rights that apply within the framework of the European Union to package holidays.
The package vacation offered includes accommodations near where the activity will take place.
The general conditions of the package vacation contract are set out below, taking into consideration the following aspects:
a) Contracting the package vacation
b) Rules applicable to package vacation features
c) Rights and obligations of the parties prior to the start of travel
d) Rights and obligations of the parties after the start of travel
e) Contractual liability from defective performance or non-compliance
f) Claims and lawsuits arising from the contract
a) Contracting the package vacation
1. Pre-contractual information
1. Prior to contracting the package holiday before the customer is bound by any travel contract we provide him/her with the standardized information form for the package vacation contracts, as well as the other features and travel information in accordance with current legislation.
2. The pre-contractual information provided to the traveler in accordance with subparagraphs (a), (c), (d), (e), and (g) of Article 153.1 of Royal Legislative Decree 1/2007 shall form an integral part of the package vacation contract and shall not be modified unless the travel agency and the traveler expressly agree.
2. Information on provisions applicable to passports, visas, and vaccinations. Information for people with reduced mobility.
1. As set out in current legislation, we provide you with information on the conditions applicable to travelers regarding passports and visas, including the approximate time to obtain visas as well as on formalities necessary for travel and your stay.
2. It is the user’s responsibility to check that the personal documents and all the passengers accompanying them are in order and that they are valid for the duration of the trip.
In the case of a passport, visa, or national identity card, the traveler must verify the requirements of the regulations of the country he/she is visiting. It is their responsibility to obtain the passport, meet any other requirement, and pay any associated expenses.
Minors under 18 must carry a written permission signed by their parents or guardians in case it is requested by an authority.
3. The traveler must obtain the necessary documentation to make the trip, including passport and visas and the documentation concerning health formalities. You are liable for any damage due to the lack of that documentation, and you will assume the expenses incurred by the interruption of the trip and your eventual repatriation.
4. People with reduced mobility who wish to receive precise information on the suitability of the trip according to their special needs to assess the possibility and feasibility of contracting the trip in accordance with its characteristics should inform us of their situation so they can be provided with that information.
According to EC Regulation 1107/2006, a person with reduced mobility means any person whose mobility to participate in the trip is reduced for reasons of physical disability (sensory or locomotive, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or due to age, and whose situation requires adequate attention and adaptation of the service made available to other participants on the trip to their particular needs.
3. Booking request
1. In accordance with current legislation, the traveler who wishes to book a package holiday makes a “reservation request.” Upon that request, the retail agency undertakes to make appropriate arrangements to obtain the booking confirmation.
2. If the traveler requests a proposal for a tailor-made package, the agency may require payment of an amount to prepare the project. If the traveler accepts the package vacation offer drawn up by the agency, the sum paid will be charged to the price of the trip.
3. If the agency has agreed to manage the reservation it will be liable for any technical errors that occur in the reservation system that are attributable to it and for the errors made during the booking process.
4. The agency will not be liable for booking errors attributable to the traveler or caused by unavoidable and unusual circumstances.
4. Booking confirmation
The perfection of the package vacation contract occurs with the reservation’s confirmation. From that moment on the package vacation contract is mandatory for both parties.
5. Payment calendar
1. At the time of booking confirmation, the consumer must pay the entire price of the package holiday unless a different payment period is established in the package vacation contract.
2. If the traveler does not comply with the payment schedule, the agency may terminate the contract and apply the rules established for the termination of the trip by the traveler before departure provided for in Clause 13.
b) Rules applicable to package vacation features
6. Features
The features that make up the package vacation contract result from the information provided to the consumer in the pre-contractual information and will not be modified unless expressly agreed to by the travel agency and the traveler as provided for in Clause 1.2.
Prior to the start of the trip, the travel agency will provide the traveler with the necessary receipts, vouchers, and tickets for the provision of services.
7. Accommodations
The characteristics and services of the hotel establishment or any other type of accommodations may be conditioned by the country in which they are located.
Unless otherwise stated in the pre-contractual information or in the conditions of the contract:
1. The brochure includes the tourist classification granted in the country in those in which there is an official classification of hotel establishments or any other type of accommodations.
2. Please note that the hours of occupancy of the rooms depend on the rules established in each country and the accommodations.
3. Triple or quadruple rooms or cabins are usually double rooms one or two beds are added to, usually a sofa bed or a folding bed, except in certain establishments where two larger beds are used instead of extra beds.
8. Transportation
1. The traveler must show up at the set place and day with the stipulated time in advance.
2. A “no-show” will be deemed to have taken place if the client does not communicate his/her intention to not take the trip and does not show up at the designated time and place. In that case, the customer relinquishes the right to a refund of the amounts paid and will still be required to pay those that are unpaid. If the no-show is due to force majeure, the customer shall have the right, upon documentary justification of the reason for their no-show, to have the paid amounts refunded, except for the management/arrangement costs and the costs of cancellation of the booking at that time. This includes but is not limited to the death, accident, or serious illness of the consumer or of any of the persons with whom he/she lives or any similar situation that prevents him/her from participating in the trip and communicating to the agency that impossibility before departure.
3. Any loss or damage in connection with carry-on baggage or other items that the traveler carries with him/her shall be at his/her own risk while in the traveler’s custody.
9. Other services
1. As a rule, full board includes continental breakfast, lunch, dinner, and accommodations. Please note that half board, unless otherwise stated, includes continental breakfast, dinner, and accommodations. As a rule, meals do not include drinks.
2. Special diets (vegetarian or others) are only guaranteed when the customer informs the agency of these needs if they are contained in the special needs accepted by the organizer in the package vacation contract.
3. Pets are only accepted, when the customer informs the agency, if this is stated in the special needs accepted by the organizer in the package vacation contract.
c) Rights and obligations of the parties prior to the start of the journey
10. Contract modification
1. The organizing agency may only modify the terms of the contract before the start of the trip if the change is negligible. In that case, the organizing agency itself, or, where appropriate, the retail agency, shall inform the traveler of the change in a clear, understandable, and highlighted manner.
2. If before the start of the trip the organizing agency must make substantial changes to any of the main characteristics of the travel services or is unable to meet any of the traveler’s special requirements that had previously been accepted, the agency organizer or, where appropriate, the retail agency, shall inform the traveler as soon as possible in a clear, understandable, and highlighted manner on a durable medium and the communication shall contain:
• The proposed substantial changes and, where needed, their impact on the price;
• A reasonable period for the traveler to report his/her decision;
• The indication that if the traveler does not communicate his/her decision within the designated time period, he/she will be understood to have rejected the substantial modification and therefore to have chosen to terminate the contract without any penalty; and
• If the agency can offer it, the substitute package tour offered and its price.
The traveler may choose to accept the proposed modification or terminate the contract without any penalty. If the traveler chooses to terminate the contract, he/she may accept a substitute package holiday offered to him/her by the organizing agency or retail agency. This substitute journey shall, if possible, be of equivalent or higher quality.
If the modification of the contract or the alternative trip results in a journey of lower quality or cost, the traveler is entitled to an adequate discount to the price.
In the event that the traveler chooses to terminate the contract without penalty or does not accept the substitute package tour offered, the organizing agency or, where appropriate, the retail agency, will refund all payments made for the trip, within fourteen (14) calendar days of the date of termination of the contract. For this purpose, paragraphs 2 to 6 of Clause 22 shall apply.
11. Price review
1. Prices may only be increased by the agency up to twenty (20) calendar days prior to departure. In addition, this increase may only be carried out to adjust the amount of the trip price to the variations of: the currency exchange rates applicable to the organized trip; the price of passenger transport due to fuel or other forms of power; or the taxes or fees on travel services included in the contract required by third parties who are not directly involved in the execution of the package holiday, including tourist, landing, and boarding fees, taxes, and surcharges or landing at ports and airports.
2. The contract shall indicate the date on which the items set out in the previous paragraph have been calculated so that the traveler is aware of the reference for calculating price changes.
3. The organizing agency or, where appropriate, the retail agency, shall notify the traveler of the increase in a clear and understandable manner with a justification and provide his/her calculation on a durable medium at least twenty (20) days before the start of the trip.
4. The traveler will be able to terminate the contract without any penalty only if the price increase is more than 8% of the price of the trip. In that case, the provisions of Clause 10 shall apply.
5. The traveler shall be entitled to a discount off the price of the trip for variations in the items listed in subparagraphs (a), (b), and (c) of Clause 11.1. In such cases, the organizing agency and, where appropriate, the retail agency, shall deduct from the price discount the actual administrative costs of traveler reimbursement.
12. Transfer of the reservation
1. The traveler may transfer his/her reservation to a person who meets all the conditions in the brochure, program, or package holiday offering and in the contract to take the package tour.
2. The transfer must be communicated on a durable medium to the organizing agency or, where appropriate, to the retail agency, at least seven (7) calendar days before the date the trip starts, which may only pass on to the traveler the costs effectively borne because of that transfer.
3. In any case, the traveler and the person to whom he/she has transferred the reservation are jointly and severally liable to the agency for the payment of the rest of the price, as well as any commissions, surcharges, or other additional costs that may have been caused by the transfer.
13. Termination of trip by the traveler before departure
1. The traveler may terminate the contract at any time prior to the start of the trip and in that case, the organizing agency or, where appropriate, the retail agency, may require him/her to pay a penalty that is appropriate and justifiable. The contract may specify a reasonable standard penalty based on how far in advance of the start of the trip the termination of the contract was and the cost savings and revenues expected from the alternative use of travel services. If the contract does not provide for a standard penalty, the amount of the penalty for the termination shall be equal to the package holiday price minus the cost savings and revenue derived from the alternative use of travel services. So, in those cases, the organizing agency or, where appropriate, the retail agency, will refund any payment that would might been made for the package holiday minus the corresponding penalty.
2. However, in the event of unavoidable and unusual circumstances at the destination or in the vicinity which significantly affect the execution of the trip or the transport of passengers to the place of destination, the traveler may terminate the contract prior to its start without any penalty and with the right to reimbursement of all payments for the trip that he/she has made.
3. These refunds or reimbursements will be made to the traveler, subtracting the corresponding penalty in the case of paragraph 1 above within fourteen (14) calendar days of the termination of the package holiday contract.
14. Cancellation of trip by the organizer before departure
If the organizing agency or, where appropriate, the retail agency, cancels the contract for reasons not attributable to the traveler, they must refund all payments made by the traveler within fourteen (14) calendar days of the termination of the contract. The agency will not be responsible for paying any additional compensation to the traveler if the cancellation is because:
1. The number of persons registered for the package holiday is less than the minimum specified in the contract and the organizing agency, or where applicable, the retail agency, notifies the traveler of the cancellation before the deadline set therein, which shall at the be:
• Twenty (20) days before the start in case of trips over six (6) days.
• Seven (7) days on trips two (2) to six (6) days long.
• 48 hours on trips less than two (2) days long.
2. The organizer is unable to execute the contract due to unavoidable and unusual circumstances and the cancellation is notified to the traveler without undue delay before the start of the package holiday.
15. Withdrawal prior to the start of the trip in contracts concluded outside the establishment
In the case of contracts concluded outside the establishment (understood as such as those defined in Article 92.2 of Royal Legislative Decree 1/2007), the traveler may withdraw from the contracted trip for any cause and without penalty, with the right to a refund of the price paid for the trip, within fourteen (14) days of the conclusion of the contract.
d) Rights and obligations of the parties after the start of the trip
16. Duty to communicate any lack of conformity with the contract
If the traveler observes that any of the services included in the trip are not performed in accordance with the contract, the traveler shall inform the organizing agency or, where appropriate, the retail agency, of non-compliance without undue delay, considering the circumstances of the case.
17. Correction of any lack of conformity with the contract and non-provision, as agreed in the contract, of a significant part of the travel services
1. If any of the services included in the trip are not performed in accordance with the contract, the organizing agency and, where appropriate, the retail agency, shall correct the lack of conformity, except when it is not possible or to do so would imply a disproportionate cost, taking into account the seriousness of the lack of conformity and the value of the travel services concerned. If the lack of conformity is not remedied, the provisions of Clause 22 shall apply.
2. If none of the above exceptions are met and a lack of conformity is not corrected within a reasonable period of time established by the traveler or the agency refuses to remedy it or it requires an immediate remedy, the traveler may do it him/herself and request reimbursement for the expenses necessary for that purpose.
3. Where a significant proportion of the travel services cannot be provided as agreed in the contract, the organizing agency or, where appropriate, the retail agency, shall offer at no additional cost suitable alternative formulas for the normal continuation of the trip and also when the traveler’s return to the place of departure is not carried out as agreed.
Such alternative formulas, if possible, shall be of equivalent or higher quality and if they are of a lower quality, the organizing agency or, where appropriate, the retail agency, shall apply an appropriate discount to the price.
The traveler may only refuse the alternatives offered if they are not comparable to what was agreed on in the package holiday or if the price reduction is inadequate.
4. Where a non-conformity substantially affects the execution of the trip and the organizing agency or, where appropriate, the retail agency, has not remedied it within a reasonable period established by the traveler, the traveler may terminate the contract without paying any penalty and request, where appropriate, both a discount off the price and compensation for the damage caused, in accordance with clause 22.
5. If it is not possible to find alternative travel methods or the traveler refuses because they are not comparable to what was agreed on in the trip or because the price reduction offered is inadequate, the traveler will be entitled both to a price discount and to damages and without terminating the package vacation contract, in accordance with Clause 22.
6. In the cases listed in paragraphs 4 and 5 above, if the package holiday includes passenger transport, the organizing agency and, where appropriate, the retail agency, shall also be required to offer to return the traveler in equivalent transport without improper delay and at no additional cost.
18. Impossibility of guaranteeing return as provided for in the contract due to unavoidable and unusual circumstances
1. If it is impossible to guarantee the traveler’s return as provided for in the contract due to unavoidable and unusual circumstances, the organizing agency or, where appropriate, the retail agency, shall bear the cost of the accommodations as necessary, if possible of an equivalent quality, for a period not exceeding three nights per traveler, unless a different period is established in European passenger rights law.
2. The cost limitation set out in the preceding paragraph shall not apply to persons with disabilities or reduced mobility (as defined in Clause 1.2 above) or to their companions, pregnant women, unaccompanied minors, or to people in need of specific medical assistance, if their particular needs have been communicated to the organizing agency or, where appropriate, the retail agency, at least 48 hours before the start of the trip.
19. Traveler’s duty to collaborate in the normal progress of the trip
The traveler shall follow the instructions given to him/her by the organizing agency, the retailer, or his/her local representatives for the proper execution of the trip, as well as to the regulations that are generally applicable to users of the services covered by the package vacation. On group trips you must respect the other participants and behave in a manner that does not impair the normal progress of the trip.
20. Agency’s duty to assist
1. The organizing agency and, where appropriate, the retail agency, are required to provide adequate assistance without undue delay to a distressed traveler, especially in the case of unusual and unavoidable circumstances.
2. Such assistance should consist of: (a) provision of adequate information about health services, local authorities, and consulate assistance; and b) helping the traveler establish long distance communications and find alternative methods.
3. If the difficulty was caused intentionally or due to the negligence of the traveler, the organizing agency and, where applicable, the retail agency, may invoice a reasonable surcharge for the assistance to the traveler. This surcharge may not exceed the actual costs incurred by the agency.
e) Contractual liability for defective performance or non-compliance
21. Travel agency liability.
2. The organizing agency and the retail agency are joint and severally liable for the correct performance of the package vacation contract. Whoever is liable shall have the right of recourse to the operator to whom the breach or defective performance of the contract is attributable according to their respective scope of management of the package holiday.
3. The organizing agency and the retail agency are liable whether they themselves perform the services included in the package holiday or they are carried out by their assistants or other service providers.
22. Right to price reduction, compensation, and limitations
1. The traveler shall be entitled to an appropriate reduction in the price for any period during which there has been a lack of conformity.
2. The traveler shall have the right to receive adequate compensation from the organizer or, where appropriate, from the retailer, for any damage suffered as a result of any lack of conformity with the contract.
3. The traveler shall not be entitled to damages if the organizer or, where appropriate, the retailer, proves that the non-conformity is: a) attributable to the traveler; b) attributable to a third party unrelated the provision of the contracted services and is unpredictable or unavoidable; or c) due to unavoidable and unusual circumstances.
4. Where the benefits of the package vacation contract are governed by international agreements, limitations on the scope or conditions of payment of compensation for the providers of services included in the trip shall apply to the organizing agencies and retail agencies.
5. Where the features of the package holiday contract are not governed by international agreements: (i) the compensation that may be payable to the agency for bodily harm or for damage caused intentionally or through negligence may not be limited contractually; and (ii) any other compensation that agencies may have to pay will be limited to three times the total price of the package holiday.
6. The compensation or reduction of the price granted under Royal Legislative Decree 1/2007 and granted under the international regulations and conventions related to Article 165.5 of the same Royal Legislative Decree 1/2007 shall be deducted from each other to avoid overcompensation. As required by applicable law, the agency is covered by a guarantee to reimburse payments made and, if transportation is included in the trip, ensure repatriation if it becomes insolvent.
f) Claims and lawsuits arising from the contract
23. Applicable law
This package holiday contract is governed by what has been agreed by the parties and the provisions of these general conditions, the current and applicable regional regulations, as well as the provisions of Royal Legislative Decree 1/2007, of 16 November, which adopts the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
24. Complaints to the agency
1. Without prejudice to the lawsuits that may assist him/her, the traveler may make written complaints due to non-execution or poor performance of the contract to the retail agency and/or the retail organizing agency’s postal addresses and/or email addresses reported by the travel agencies for this purpose.
2. The agency must respond in writing to the complaints within a maximum of thirty (30) days.
25. Alternative conflict resolution
1. At any time, the consumer and the agency may seek mediation from the competent administration or bodies set up to find a solution to the conflict that is satisfactory to both parties.
2. The consumer may direct his/her claims to the competent Consumer Arbitration Board. The dispute may be submitted to arbitration if the agency involved in the conflict has previously joined the consumer arbitration system (in which case the agency will duly notify the consumer) or if the agency, despite not being a member, accepts the consumer’s request for arbitration. Claims involving intoxication, injury, death, or reasonable indications of criminal intent may not be subject to consumer arbitration. In the event of a consumer arbitration, the ruling by the arbitral tribunal appointed by the Consumer Arbitration Board shall definitively resolve the claim filed and shall be binding on both parties.
3. If the organizing agency and/or, where appropriate, the retail agency, are part of an alternative dispute resolution system and are required to use it by a regulation or code of conduct, they shall inform the traveler of that circumstance prior to the formalization of the package vacation contract.
26. Lawsuits
1. If the dispute is not subject to consumer arbitration, the traveler may file a lawsuit in court.
2. The statute of limitations for lawsuits arising from the package vacation contract is two years.
Link to the EU Platform for Out-of-Court Settlement of Online Disputes.
