Terms and Conditions

TERMS & CONDITIONS

MNK Leisure consulting S.L. is responsible for the technical organisation of the holidays, tourist products and trips programmed on our website. (Sociedad Limitada) and a travel agency registered in the Tourism Register of Catalonia (RTC). Intra-Community tax identification number: ES-B65938821 Address: Plaza Navas, 12 ent 1ª, 08004 Barcelona, Spain Telephone: (0034) 687500078 Contact e-mail: mnkleisure@gmail.com
Our agency has a guarantee in case of insolvency for travel packages (viajes combinados) in accordance with Art. 252-10 of Spanish Law 22/2010, of 20 July, of the Código de Consumo de Cataluña and formalized through the guarantee insurance policy number N-06342741-R with the insurance company CATALANA OCCIDENTE S.A. de Seguros y Reaseguros (located at Avenida Alcalde Barnils, 63 - 08174 Sant Cugat (Barcelona, Spain)). Procedure in the event of a request: call the 24-hour/365 days a year telephone helpline on (0034) 902 344 000 or (0034) 932 220 212.Professional Civil Liability Insurance MARKEL INTERNATIONAL policy number 228153, contact by telephone on 003491 556 19 78. The purchase of our services, packages and trips implies the full acceptance by the Customer or Consumer of the GENERAL SALES CONDITIONS specific to travel agencies as well as our special conditions and his unreserved acceptance of all of their provisions.

(a) Purchase of combined travel and other touristic products
1. Booking request
1. The consumer' (or 'customer') who wishes to make a combined trip or to acquire a tourism product such as ticketing alone for a show, for example, makes a 'reservation request'. Following this request, the retail sales agency or, where appropriate, the organising agency undertakes to take the necessary steps to obtain confirmation of the reservation for the number of seats available and the period requested.
2. If, at the time of the reservation request, the reservation cannot be confirmed immediately, the agency may ask the consumer for a deposit equivalent to a maximum of 20% of the price of the trip. If the reservation is confirmed, the deposit will be deducted from the price of the trip. If the consumer cancels the booking request before confirmation, the deposit will be returned to the consumer, after deduction, if applicable, of the handling fee.
3. If the consumer asks for a tailor-made holiday, the agency may require the payment of a sum intended for the preparation of the holiday. If the consumer accepts the offer prepared by the agency, and the agency is able to confirm the services offered, the sum paid will be deducted from the price of the stay. Otherwise, the agency will have to reimburse the consumer for the amount paid.
4. In all the cases stated beforehand, if the agency cannot confirm the requested trip and offers the consumer a similar or different trip, unless expressly stated otherwise, the said offer will be valid for a period of 24 hours. The contract will be concluded if the consumer accepts the offer within this period or the one expressly established.

2. Persons with reduced mobility
Before making the reservation request, persons with reduced mobility must inform the retailer of this situation so that the possibility and feasibility of the journey can be assessed in the light of its characteristics. In accordance with the provisions of Regulation (EC) No 1107/2006, a person with reduced mobility is a person whose mobility is reduced when using a means of transport, because of any physical disability (sensory or locomotor, permanent or temporary) or any intellectual disability or impairment, or any other cause of disability, or age, and whose situation requires appropriate attention and adaptation to his or her particular needs of the service made available to all passengers.

3. Confirmation of the reservation
The conclusion of the contract takes place upon confirmation of the reservation (by written, or email or by the payment of a deposit or full balance). From that moment on the contract is binding for both parties.

4. Payment
1. At confirmation of the reservation, the consumer must pay a sum not exceeding 40% of the price of the combined journey or, where appropriate, supplement up to that sum the amounts already paid.
2. Payment of the remainder of the price shall be made when the agency entrusts the consumer with the transport tickets, travel vouchers or other documents essential for the proper performance of the services making up the combined journey, unless the service providers require a different payment schedule. If the consumer does not make the payment, the agency shall require him to do so within a set period. If the agency does not set a payment schedule, it is understood that the total price of the trip must be paid no later than 15 days before departure.
3. The agency may terminate the contract and apply the rules laid down in the event of withdrawal before departure if the consumer fails to make the payments provided for in the preceding paragraphs within the period laid down for that purpose.

(b) Rules applicable to the services of the travel packages

5. Services
1. The services included in the travel packages contract are the result of the information provided to the consumer in the brochure or programme, as well as the information relating to this information which was made at the time of confirmation of the reservation.
2. However, the organising agency reserves the right to amend the information contained in the brochure before the conclusion of the contract. In order to be valid, changes to the said information must have been clearly communicated to the consumer in writing.

6. Accommodation
Unless otherwise stated in the brochure or under special conditions:
(a) As regards countries where there is an official classification of hotel establishments or any other type of accommodation, the brochure shall indicate the tourist classification granted in the corresponding country. In countries where there is no official classification, the category indicated in the brochure is purely indicative.
(b) The hours of occupancy of rooms depend on the standards established in each country and the accommodation. As a general rule, rooms may be occupied from 3 p.m. on the day of arrival and must be vacated by 12 noon on the day of departure, irrespective of the expected time of arrival or the time scheduled for the continuation of the journey.
(c) Triple or quadruple rooms and cabins are generally double rooms with the addition of one or two beds, which are usually a sofa bed or folding bed, except in some establishments where two large beds are used instead of extra beds.

7. Transportation
1. The consumer must present himself at the place indicated for departure with the advance notice indicated by the agency or, failing that, in the brochure. As a general rule, in the case of air transport, the minimum period is two hours before the scheduled departure time.
2. If the consumer does not present himself in time to take part in the journey, the arrangements provided for in paragraph 15 for failure to present himself at departure or, where appropriate, those provided for in paragraph 13 in the event of withdrawal by the consumer.
3. The loss of or damage to hand luggage or other objects which the consumer carries with him and keeps with him shall be his responsibility.

8. Other services
1. as a general rule, full board includes continental breakfast, lunch, dinner and accommodation. Half board, unless otherwise specified, includes continental breakfast, dinner and accommodation. As a general rule, these meals do not include drinks.2. Special diets (vegetarian or special diets) are only guaranteed if they have been agreed by the parties under special conditions.3. It will be understood that the presence of pets is accepted during the journey if this is expressly stated in the advertising or prior information provided. Otherwise, if the consumer wishes to travel with his/her pet, he/she must inform the agency before making the booking request so that the agency can inform him/her whether or not this is possible.c) Rights of the parties before starting the journey.

9. Modification of the contract
1. If, at any time before departure, the consumer wishes to make changes to the destinations, means of transport, duration, timetable, itinerary of the journey subscribed to or any other purpose connected with the services, and if the agency can respond favourably, it may require payment of the justified additional costs arising from such change as well as a handling fee for the change of the booking which may not exceed 5% of the price of the journey but with a minimum of €20 per booking.
2. Before departure, the Agency may only make such changes as are necessary for the smooth running of the combined journey and which do not prove to be significant. Necessary modifications are considered significant if they run counter to the purpose of the trip in accordance with the general or particular characteristics.
3. If the agency is obliged to make significant changes, it must inform the consumer immediately. The consumer may choose to accept the amendment to the contract, specifying the changes introduced and their impact on the price, or to cancel the contract. The consumer must communicate his decision to the agency within three days of notification of the change. If the consumer does not communicate his decision within the specified period, it will be understood that he chooses to cancel the contract.

10. Price revision
1. The agency may only revise the price, either upwards or downwards, if such revision takes place more than 20 days before departure and provided that the revision is not significant, i.e. does not exceed 15% of the price of the trip. In addition, such a revision may only be made to adjust the price of the tour price to the following variations:
a) Exchange rates applied to the tour package.
b) The price of transport included in the tour package, including the cost of fuel.
c) Taxes and duties related to certain services, such as airport, embarkation, disembarkation and other taxes included in the price.
2. The revised price will be determined on the basis of the equivalent value of the currency of the country of destination and the prices, taxes and duties applicable on the date of publication of the brochure. In the case of tours involving two or more countries, the exchange rate taken as a reference is that of the US dollar on the same date.
3. If the price revision involves an increase of more than 15% in the price of the trip, the agency will immediately inform the consumer, who may cancel the contract. The consumer must inform the agency of his decision within three days of notification of the change. If the consumer does not communicate his decision within the specified period, it will be understood that he chooses to cancel the contract.

11. Consumer rights in the event of cancellation
1. If the agency, in accordance with the preceding sections, cancels the contract, the consumer may choose between:
a) A refund of the amounts paid within 14 days, or
b) If the agency offers him this, another combined trip of equivalent or higher quality. If the proposed trip is of a higher quality, the agency will not charge any additional fee. The consumer may also accept a trip of inferior quality, but in this case the agency will deduct the difference in price.
2. In both cases, the consumer has the right to claim the compensation provided for in the event of cancellation of the planned trip, in accordance with the terms of paragraph 14 and these conditions.

12. Assignment of the reservation
1. The consumer may transfer his reservation to a person who fulfils all the conditions required in the brochure and in the contract to make the combined journey.
2. The transfer must be communicated by any means to the agency and will be free of charge if the communication is received by the agency with a minimum of fifteen days' notice before the date of commencement of the journey. Once this period has elapsed, the agency is free to accept the change and may charge the consumer a handling fee that will not exceed 5% of the price of the trip, but with a minimum of €20 per booking.
3. In all cases, the consumer and the person to whom the reservation has been assigned are jointly and severally liable to the agency for payment of the remainder of the price, as well as any justified additional costs that may arise from the assignment.

13. Right of withdrawal of the consumer
1. At any time, the consumer may cancel the services requested or subscribed to and demand reimbursement of the amounts paid provided that he indemnifies the organiser or retailer for the penalties and amounts indicated below:
Management and cancellation fees
The penalty will be calculated according to the time remaining before the start and will amount to :
a) minimum 50% of the price of the trip, if it occurs more than 30 days before departure.
b) minimum 75% of the price of the trip, if it occurs between 30 and 15 days before departure
c) 100% of the price of the trip, if it occurs within 14 days before departure.

2. IN ALL CASES, the consumer must pay the management fees and the cancellation costs of the various services and facilities resulting from the withdrawal (e.g. ticketing, accommodation, transfers, transport, catering, visits, guides, administrative and service management costs by the agency or its providers, etc.). Tickets for shows (e.g. operas, ballets, theatres, concerts, festivals, and other cultural or sporting events such as tickets for football matches or other sporting events (F1 grand prix, motorcycle grand prix, etc.), cultural or leisure events, amusement parks, theme parks, etc.) are non-refundable, non-returnable and non-exchangeable.
3. Withdrawal shall take effect from the moment that the desire to withdraw is expressed to the agency (preferably in writing) and that the latter takes note of it.
4. Once the agency has taken note of the withdrawal, it shall refund to the consumer the amounts paid, minus the management fees and, when appropriate, any cancellation fees and penalties that have been justified. 5. If the journey is subject to special economic conditions of the contract, such as freight on aircraft, ships, special fares or similar, the management fees, cancellation costs and penalties will be those explicitly indicated in the travel brochure or those agreed in a particular way in the contractual document.

14. Cancellation of the trip by the organiser
1. Cancellation of the trip for a reason not attributable to the consumer shall entitle him to cancel the contract in accordance with the rights provided for in clause.
2. If the cancellation of the trip is communicated within two months before departure, the agency must pay the consumer compensation based on the time remaining until departure, which shall amount to at least:
a) 5% of the price of the trip, if the cancellation occurs more than 15 days and less than 2 months before departure.
b) 10% of the price of the trip, if it occurs between 15 and 3 days before departure.
c) 25% of the price of the trip, if it occurs within 48 hours before departure.
3 There is no obligation to pay compensation in the following cases:a) When the cancellation is due to the fact that the number of persons registered is less than the number required in the brochure or contract for the combined journey. In this case, the agency must notify the consumer in writing of the cancellation before the deadline set in the brochure or contract. Failing that, the agency must notify the cancellation at least ten days before the departure date. b) Where the cancellation of the journey is due to force majeure. Any cause beyond the Agency's control, abnormal and unforeseeable, the consequences of which could not be avoided, even though it acted with diligence.

15. Non-presentation at departure
1. Failure to appear at departure occurs if the consumer does not communicate his intention not to make the journey and if he does not arrive at the place of departure in due time. In this case, he loses the right to a refund of the sums paid and will be required to settle any amount awaiting payment.
2. However, if the non-arrival is due to a case of force majeure, the consumer may be refunded the amounts paid after deduction of management and cancellation fees. For this purpose, the death, serious accident or serious illness of the consumer or of one of the persons with whom he is cohabiting or any other similar circumstance which prevents him from taking part in the journey and from notifying the agency of such impossibility before departure shall be considered to be force majeure.

d) Rights and duties of the parties after the start of the journey
16. Lack of conformity or failure to provide services
When the consumer becomes aware during the journey of a defect or failure to provide one of the services contracted for, he must communicate this on the spot and as soon as possible to the organiser or retailer and, where appropriate, to the service provider concerned so that the agency can seek an immediate solution, if possible. The communication must be made in writing or in such a way as to leave a trace. After receipt of the communication, the retailer or organiser must work diligently to find appropriate solutions.2. If, during the journey, there is a lack of performance or a defective performance of one of the services forming part of the journey, the consumer shall try not to aggravate the damage resulting from his actions and decisions. If the notification is made within the time limit and in the manner indicated, the document shall be deemed authentic and shall exempt the consumer from providing further proof of the defect, unless the organiser, retailer or service provider has verified that the said defect does not exist or does not meet the characteristics indicated, and has so indicated. If the consumer does not give notice within the time limit and in the manner indicated, he shall provide evidence of the alleged defect in accordance with the general criteria in this matter and any damage arising from or aggravated by the lack of communication shall be borne by him.

17. Impossibility for the organiser to provide a significant part of the services
1. The agency will have to adopt appropriate solutions for the continuation of the journey if, once initiated, it does not provide or realises that it cannot provide a significant part of the services provided for in the contract. A significant part refers to the services provided for which, if they are not insured, prevent the normal course of the journey and make it unreasonable to expect the average consumer who has subscribed to this type of travel to continue it in these circumstances.
2. The agency shall not be entitled to charge any extra for the solutions adopted for the continuation of the journey and shall pay the consumer for any difference between the services provided and those provided.
3. If the consumer expressly or tacitly accepts the solutions proposed by the agency, he will not be entitled to any compensation for such changes. His acceptance will be tacit if he continues the trip with the solutions provided by the organiser.
4. If the solutions adopted by the organiser are impracticable or if the consumer does not accept them on reasonable grounds, the agency shall:a) Provide him with a means of transport equivalent to that contracted for in order to return to the place of departure or any other place agreed by both parties, provided that the contract includes the return journey.b) Refund the amount paid after deduction of the amount of the services provided up to the end of the journey, unless the defect which prevents the continuation of the journey is attributable to the consumer.

18. Withdrawal by the consumer during the journey
1. The consumer shall have the right to withdraw from the combined travel contract once the journey has begun, but he may not claim a refund of any amounts paid and shall continue to pay those pending payment.
2. If the cancellation is due to an accident or illness of the consumer which prevents him from continuing the journey, the agency shall be obliged to provide the necessary assistance and, where appropriate, to reimburse the amount of the difference between the services provided and those planned, after deduction of the corresponding cancellation costs, which must be duly justified.
3. In both cases, all additional costs incurred as a result of withdrawal, and in particular those of repatriation or transfer to the place of origin, shall be borne by the consumer.

19. Consumer's duty to cooperate in the smooth running of the journey
1. The consumer must follow the instructions provided by the agency for the proper execution of the journey, as well as the regulations generally applicable to users of the services included in the combined journey. In particular, in the case of group travel, the consumer must respect the other participants and adopt conduct which does not prejudice the smooth running of the trip.
2 Serious breach of these duties entitles the agency to terminate the contract of the combined travel contract. In this case, if the contract includes the return journey, the agency shall provide the consumer with a means of transport equivalent to that contracted during the journey to return to the place of departure or to any other means agreed by both parties. The agency will also be entitled to appropriate compensation for damage attributable to the consumer's conduct.


(e) Contractual liability for failure or non-compliance
20. Allocation of responsibilities
1. The organising agency and the sales agency shall be liable to the consumer for the proper performance of the combined travel contract in accordance with their respective obligations in their respective area of combined travel management.
2. The organising agency and the sales agency shall be liable to the consumer whether they perform the services included in the combined travel package themselves or whether the performance is carried out through other intermediaries or service providers.
3. The organising agency, which is responsible for planning the combined trip, shall be liable for damage caused to consumers in the event of non-performance or improper performance of the services included in the package as well as for damage arising from failure to fulfil any other obligation corresponding to its area of management in accordance with the applicable legislation.
4. The sales agency, or the retailer, which sells or offers for sale the combined travel planned by an organising agency, shall be liable for damages caused to the consumer resulting from errors made in the transfer of information relating to the combined travel, the omission of information which it should have provided, the failure to transfer the documentation necessary for the proper conduct of the trip and, in general, the failure to fulfil any other obligation corresponding to its area of management in accordance with applicable legislation.

21. Causes of exemption from liability
a) If the failures observed in the execution of the contract are attributable to the consumer.
b) If the failures are attributable to a third party unrelated to the execution of the services provided for in the contract or are of an unforeseeable or unavoidable nature.
c) If the failures in question are due to force majeure, that is to say, any abnormal and unforeseeable circumstance unrelated to those who invoke them, the consequences of which could not have been avoided despite all due diligence.
d) If the failures are due to an event which the sales agency or retailer or, where appropriate, the organiser, despite having taken all due care, could not foresee or overcome.
e) In any event, the consumer is obliged to take appropriate and reasonable steps to try to reduce the damage resulting from the non-performance or improper performance of the contract or to prevent the damage from being aggravated. Damages resulting from the non-application of such measures shall be borne by the consumer.

22. Agency's duty to assist
1. The organising agency and the retail agency, although exempt from any liability, shall continue to provide the necessary assistance to the consumer in difficulty.
2. The duty of assistance provided for in the preceding paragraph shall lapse if the shortcomings produced during the performance of the contract are attributable exclusively to intentional or negligent conduct on the part of the consumer.

23. Limits of liability of international conventions
When the services of the combined travel contract are governed by international conventions or agreements, compensation for damage other than bodily injury or damage to property resulting from the non-performance or improper performance of such conventions or agreements shall be subject to the limitations established by the latter.

24. Limits of liability for damages other than personal injury or property damage
1. When the services of the combined journey are not governed by international conventions:
a) compensation for damage other than bodily injury or damage to property is limited in all respects to double the price of the journey, including moral damage not resulting from bodily injury and the reimbursements to be made.
b) compensation from the organising agency for damage resulting from the loss of or damage to luggage shall be limited to 350 euros.
2. The limitations set out in the two preceding paragraphs shall not apply if the agency or service providers have intentionally caused the damage or if they have acted recklessly in the knowledge that it would probably occur.

25. Information on provisions applicable to passports, visas and vaccines
1. The agency has a duty to provide information on the health requirements for travel and accommodation, as well as passport and visa requirements for EU citizens and will be responsible for the accuracy of the information provided. Nationals of non-EU countries should check with their consulate or embassy regarding documentation and health requirements for travel.
2. The consumer must obtain the documents necessary to complete the trip, including passport and visas as well as documentation relating to health formalities. Any damage that may result from the absence of such documents shall be borne by the consumer, in particular the costs incurred by the interruption of the journey and its possible repatriation.3. If the Agency agrees to take care of obtaining the necessary visas for one of the destinations specified in the itinerary, it shall be entitled to demand payment of the cost of the visa as well as the handling fee corresponding to the procedures to be carried out at the diplomatic mission or consular post. In such cases, the agency shall be liable for damages attributable to it, in accordance with the usual diligence required in the event of delay in obtaining the necessary documentation or in the event of its absence or inadequacy.

26. Air carrier liability for air transport incidents under Regulation 261/2004.
Regulation 261/2004 of the European Parliament and of the Council of 11/02/2004, establishes the rules for compensation and assistance to air passengers in the event of denied boarding, cancellation or long delay of a flight. The previous regulation will apply only to:
a) Passengers departing from an airport situated in the territory of a Member State.
b) Passengers departing from an airport situated in a third country to another airport situated in the territory of a Member State, provided that the air carrier responsible for the execution of the flight is a Community carrier. According to the provisions of Regulation 261/2004, when the airline cancels a flight or causes a long delay, it must provide assistance to the passengers concerned, and must pay for meals, calls, transport and overnight accommodation, where appropriate, in accordance with the provisions of Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights. This regulation also provides that in the event of cancellation of a flight, the airline is also obliged to pay compensation to passengers and to refund the ticket price if the passenger chooses this option. If the cancellation is due to extraordinary circumstances which could not have been avoided even by taking all reasonable measures, the air carrier responsible for the flight is not obliged to pay compensation, but must assist the passengers concerned and refund the ticket price if they choose this option.

27. Liability for services not included in the combined journey
1. The rules on contractual liability for combined travel shall not apply to supplies and services such as excursions, participation in sporting or cultural events, visits to exhibitions or museums or the like which are not included in the overall price of the combined travel and which the consumer acquires on an optional basis on the occasion of or during the journey. In such cases, the agency must inform the consumer that the service is optional and that it is not part of the package.
2. If the agency intervenes in the acquisition of these services, its liability shall be in accordance with the specific rules of the contract concluded.

f) Claims and actions arising from the contract.

28. Applicable law
This combined travel contract shall be governed by the agreement between the parties and by the provisions of these general conditions, the regional regulations in force at the place where the contract is concluded and, failing these, the provisions of Spanish Royal Decree 1/2007 of 16 November adopting the recast text of the Spanish General Law (Ley General) on the Defence of Consumers and Users and other complementary laws.

29. Complaints to the agency
1. Without prejudice to any legal action he may take, the consumer may send a written complaint to the sales agency and/or the organising agency for non-execution or poor execution of the contract.
2. The agency shall reply in writing to the complaint within a maximum period of 30 days.
3. At this stage, the consumer and the agency may request mediation by the competent administration or arbitration by a consumer organisation in order to find a solution satisfactory to both parties.
4. If the dispute cannot be resolved by a complaint to the agency, the consumer may submit it to the arbitration of a consumer protection body if the agency in question has previously joined a system for the arbitration of consumer disputes or, if the agency is not a member, accepts the consumer's request for arbitration. Similarly, in all cases, the consumer may submit his claim to a competent court.

30. Arbitration of consumer disputes
1. If the agency has previously joined a system of arbitration of consumer disputes, the consumer may address his claims to the competent arbitration committee.
2. Claims involving poisoning, injury, death or rational indications of a crime may not be subject to such arbitration.
3. Unless otherwise specified in the public offer to submit to the consumer arbitration system, arbitration is provided for by law and the arbitration procedure is governed by the provisions of Spanish Royal Decree 231/2008 of 15 February.
4. The decision rendered by the arbitration tribunal appointed by the Consumer Arbitration Board will resolve the claim definitively and will be binding on both parties.

31. Legal Actions
1. If the dispute is not submitted to the arbitration of a consumer organisation, the consumer will be able to claim before a court.
2. Legal actions arising from the combined travel contract shall be time-barred after a period of two years, starting from the day on which the journey ended or was due to end.
3. In the event that arbitration fails, the contracting parties expressly submit to the jurisdiction of the courts of Barcelona (Catalonia, Spain) to resolve their disputes concerning the interpretation and execution of the travel conditions.