The following Terms and Conditions apply to all holidays booked with Elcid Turismo Espana trading as Elcid tour (“we,” “us,” or “our”). Please read them carefully as they set out our respective obligations. In these Terms and Conditions, “you” and “your” means all persons named in the booking, including anyone who is added or substituted at a later date.
We will act as “package organizer,” and your contract will be with us for all types of holidays, but our obligations to you may differ depending on which kind of holiday arrangements you’ve booked with us (particularly the cancellation charges and provision of service obligations), and this is outlined in further detail in these Terms and Conditions.
- BOOKING, PAYING AND CONFIRMING FOR YOUR HOLIDAY
- a) To book a holiday, please use our website or call us to request a quotation. When you are happy with the quote, you can either a) review the itinerary and quotation, then pay the specified deposit by using bank transfer that has indicated in the quote. This payment is secure, and you got an invoice or b) call your consultant, and we can process your booking and deposit over the phone.
The person named on the quotation (“party leader”) must be authorized to make the booking on the basis of these Terms and Conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By paying the amount, the party leader accepts these Terms and Conditions on behalf of all members of the party and confirms that he/she is so authorized to do so by all other members of the party. The party leader is responsible for all payments due to us and must be at least 18 when the booking is made.
- b) The nature of the holidays we arrange, in particular for Tailormade Holidays, means we are often not in a position to confirm every requested element at the time of booking. Once we reasonably expect the key features of your holiday to be available, we will process your payment and a contract between you and us will come into existence, as set out in (1c) below.
If, for any reason, we do not expect the key elements of your holiday to be available, we will not process your payment and will advise you accordingly. Processing your payment is not a guarantee or representation that your requested arrangements will be provided or confirmed. Where you submit your booking request online, the confirmation will send you with your invoice, so this is the travel confirmation.
- c) A contract between you and us will come into existence when we process your credit/debit card payment or bank transfer has done, and we issue you a confirmation invoice. Where we have taken the amount from you but are unable to confirm your booking arrangements, we will issue you with a deposit receipt letter
only, acknowledging receipt of your payment. The deposit receipt letter is not a confirmation invoice and does not constitute a contract between you and us. We will only issue you with a confirmation invoice where we reasonably expect your booking arrangements to be available to book, and only at this stage will a contract between you and us exist.
The arrangements shown on your confirmation invoice are those that we are contracting to provide. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending it out (7 days for tickets). You must ensure that the name of each party member given to us at the time of booking matches the name exactly as it appears on that party members’ passport, used for travel on this booking. We may ask you to send us the photos of your passports to take a visa for you in advance.
- d) A fee as specified on your quotation, or as advised by your travel consultant, must be paid at the time of booking. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, the cancellation charges set out in clause 3 will apply. In such cases, a written notice of cancellation and a cancellation invoice would be sent to you.
Payments can be made by debit card, credit card (Visa and MasterCard only) or bank transfer.
- e) Where you book online or otherwise provide us with an e-mail address, we will communicate with you by e-mail. We will e-mail your confirmation invoice and any other documentation which can be sent in this way. You must therefore ensure you check your e-mails on a regular basis. You should check and print off copies of your confirmation invoice and other documentation on receipt. We may contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail.
- f) You may contact us by e-mail for any of the reasons mentioned in these Terms.
- ALTERATIONS BY YOU AND TRANSFER OF BOOKING
Should you wish to make any alterations to your confirmed holiday the party leader must notify us as soon as possible in writing. Whilst we will attempt to assist we cannot guarantee that any request will be met. If we can make the requested change you will be provided with a quote detailing any additional costs incurred by ourselves and any costs or charges.
Please note that some accommodation is priced according to the number of people in the booking. If you wish to change the size of your party, the per-person cost of the holiday for other members may increase and that some airline
tickets (e.g. advance purchase and net fare tickets) cannot be changed once booked, without incurring considerable cost.
Transfer of Booking: If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) as long as the following conditions are met:
(i) the transfer is requested in writing at least 7 days before departure;
(ii) all suppliers and third parties accept the transfer of names or are able to re-book. Air tickets are rarely transferable;
(iii) you sign an authorization to transfer the holiday into another name;
Where a transfer to a person of your choice can be made, any overdue balance payment must
be received. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 3 will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
- CANCELLATION BY YOU
Cancellations must be notified to us in writing by the party leader. Your notice of cancellation will only be effective when we receive it in writing at our offices. As we incur costs from the time you make your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) canceling (unless reducing the party size increases the per person cost for those not canceling) excluding insurance premiums, late booking and amendment fees. Insurance premiums, late booking, and amendment fees are not refundable in the event of cancellation.
1 month or more before departure: 0% Cancelation charge
2 weeks to 1month before departure: 50% Cancelation charge
Less than 2 weeks to departure: 100% Cancelation charge
Cancellation by You due to Force Majeure
You have the right to cancel your confirmed arrangements before the departure date without paying the above cancellation charges in the event of unavoidable and extraordinary circumstances occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the arrangements or significantly affecting transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be to pay you any compensation. Please see clause 8 for more information on Force Majeure.
- CHANGES AND CANCELLATIONS BY US
Occasionally we have to make changes and correct errors in our booking information both before and after bookings have
been confirmed. We may also have to cancel confirmed bookings due to factors outside our control, mistakes, or if the
minimum number of bookings required for a particular holiday has not been received. Whilst we always endeavor to avoid changes and cancellations, we must reserve the right to do so. We will notify you (or your travel agent) of cancellation at the earliest opportunity and, in the case of group arrangements, which depend on a minimum number of bookings (which is not
achieved), at least 30 days before departure.
Most changes will be minor (in which case the change will not entitle you to a refund or change your holiday and no compensation will be due), but occasionally, we may have to make a significant change. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably
be expected to know as a tour operator, we can reasonably expect to have a major effect on your holiday. Significant changes include (i) a change in your flight departure time by more than 12 hours (ii) a change of your departure or arrival airport to one that is significantly more inconvenient to you (iii) a change in your destination locality or (iv) a change of accommodation
to that of a lower standard. If we have to make a significant change we will inform you (or your travel agent) as soon as reasonably possible. If there is time to do so before departure we will offer you the choice of one of the following options:
(i) accepting the changes (for significant changes) or
(ii) purchasing an alternative holiday from us, of a similar standard to that originally booked or
(iii) cancelling or accepting the cancellation and receiving a full refund of all monies due.
If the alternative holiday is cheaper than the original one, we will refund the price difference, and if it is more expensive, you will be charged for the difference.
Very rarely, we may be forced by “force majeure” (see clause 8) to change or terminate your holiday after departure but
before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we will refund you the full amount.
All prices published in our brochures, marketing material and our website are for guidance only and are based on exchange rates in effect on the publication date. Although every effort is taken to ensure prices are accurate at the time of publication we cannot guarantee these prices. Please note, changes and errors occasionally occur. You must check the price of your
chosen holiday at the time of booking. We reserve the right to alter or correct errors in any quoted or published prices at any time prior to a contract between us coming into existence.
Once the price of your chosen holiday has been confirmed on your confirmation invoice then subject to the correction of errors, we will only increase or decrease the price in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in our transportation costs or in dues, taxes or fees payable for services such as accommodation, fuel surcharges, landing taxes or embarkation or disembarkation fees at ports or airports which have been used to calculate the cost of your holiday.
Even in the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment or late booking fees) will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment or late booking fees), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment or late booking fees) or alternatively purchase another holiday from us as referred to in clause 4 “Changes and Cancellations by us.” You have 7 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (ii) or (iii) as set out in clause 4. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 7 days of the issue date printed on the surcharge invoice, whichever is the later.
A refund will only be payable if the decrease in our costs exceeds 2% of the total cost of your holiday as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs. We promise not to levy a surcharge within 20 days of departure. No refund will be payable during this period either.
It is a condition of booking that you have or arrange adequate insurance cover for personal liability, medical and holiday cancellation to be valid from the date when the contract between us comes into existence until the holiday is completed.
When obtaining travel insurance, you must ensure that the insurer is aware of the type and destination of travel and any activities which you plan to undertake that may be considered high risk such as skiing, scuba diving, white water rafting, travel by light aircraft, paragliding, kite surfing, windsurfing, safaris, mountain trekking and so on. Please ensure that you are fully covered, in particular with regard to the maximum cancellation amount, and that you provide details of your insurer and policy number for our records. However, during travel to Iran all the guests get fully insurance up to 10,000 € in case your insurance may not cover incidents in Iran.
Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
- PASSPORTS & HEALTH REQUIREMENTS
It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. You must pay all costs incurred in obtaining such documentation. We can only provide general
information about this. Requirements do change and you must check the up to date position in good time before departure.
We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your
part to carry all required documentation or otherwise comply with any passport, health
formalities. If failure to have any necessary travel or other documents results in fines, surcharges, or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
- FORCE MAJEURE
Except where otherwise expressly stated in these Terms and Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these Terms and Conditions “force majeure” means any event which the supplier of the service(s) in question or we could not, even with all due care, foresee or avoid. Such events may include political disputes, acts of war, threat of war, riots, terrorist activity (actual or threatened), border closures, industrial action (actual or threatened), technical problems with machinery, transport or equipment, government intervention, natural disasters, fire or explosion, inclement weather and acts of God and all similar events outside our or our suppliers’ control. Advice from the EU Office to avoid or leave a particular country may constitute force majeure.
- OUR LIABILITY
- a) For Tailormade Holidays, our obligations are to source your holiday arrangements and put together an itinerary which is suitable as per your instructions. We will then forward your payments on to the relevant suppliers to confirm your booking. The actual provision of your holiday arrangements shall at all times and for all elements be performed by third party suppliers, on whose behalf we act as agent. For Operated Holidays, we shall be responsible for the provision of those elements of your holiday which are operated by Elcid Tour (i.e. our properties). The other elements of your Operated Holiday, such as transport, excursions etc, will be performed by third-party suppliers. (b) Notwithstanding (a) above, for both Operated Holidays and Tailormade Holidays, we will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel
Arrangements Regulations 2018, as set out below. Subject to these Terms & Conditions, if our suppliers or we negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that our supplier(s) or we have been negligent if you wish to make a
claim against us. b) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: (i) the act(s) and/or omission(s) of the person(s)affected or any member(s) of their party or (ii) the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or (iii) unavoidable and extraordinary circumstances or force majeure as defined in clause 8 above.
- c) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
- d) As set out in these Terms and Conditions, we limit the maximum amount we may have to pay you for any claims you may make against us:
(i) loss of and/or damage to any luggage or personal possessions: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(ii) Claims are not falling under (i) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
- e) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (i) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (ii) which did not result from any breach of contract or
other faults by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any business losses.
- f) You must provide our insurers and ourselves with all assistance we may reasonably require. You must also tell the supplier and we concerned, about your claim or complaint, as set out in clause 15 below. If asked to do so, you must transfer to our insurers or us any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person
concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with our insurers and us if our insurers or us want to enforce any rights that are transferred.
- BEHAVIOR & DAMAGE
- a) When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal fees) as a result of your actions. You should ensure
you have appropriate travel insurance to protect you if this situation arises.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of
the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other services. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
- b) The type of travel, which we offer, requires flexibility and must allow for alternatives. The outline itinerary as given for each holiday must therefore be taken as an indication of what each trip may accomplish, and not as a contractual obligation on the part of Elcid Tour. It is understood that the route schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events which may include sickness, mechanical breakdown, flight cancellations, strikes, events emanating from political disputes entry or border difficulties, climate and other unpredictable or
- ACCEPTANCE OF RISK (BY YOU)
You acknowledge that the nature of travel is adventurous and that as such, some holidays may involve a significant amount of inherent personal risk. These include injury, disease, loss or damage to property, inconvenience and discomfort. Some activities incidental to the holiday may carry inherent risks and if you wish to participate, you may be requested to sign an additional waiver form by the local supplier. It is your responsibility to ensure that you are physically fit enough to participate, that you have adequate protective clothing and safety equipment and take sensible precautions for your own safety and for the safety of any children for whom you are responsible.
- OVERSEAS STANDARDS, EXPECTATIONS & SAFETY
Please note it is the requirements and standards of the country in which any services, that make up your holiday are provided, which apply to those services and not those of the EU. As a general rule, these requirements and standards will not be the same as the EU and may often be lower. The infrastructure standards in certain overseas countries are often quite different from those accepted as the “norm” in the EU. This can include levels of service and the reliability of transport, food, accommodation, communications, power and water supplies, to name but a few. In addition, you must take reasonable precautions for your own safety whilst on holiday.
If you fail to utilize the outbound portion of your flight ticket, the inbound portion will automatically be cancelled. We are not always in a position at the time of booking to confirm the flight timings that will be used in connection with your flight. The flight timings shown in our brochure, on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors, including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
- LATE ARRIVALS, DELAY & DENIED BOARDING
If you or any member of your party misses your flight or other transport arrangements, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact the airline or other transport supplier concerned immediately.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicized at EU airports and will also be available
from airlines. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 9 of these Booking Conditions (which includes the behavior of any passenger(s) on any flight who, for example, fails to check-in or board on time).
- CLAIMS & COMPLAINTS
Operated Holidays: In the event that you have cause for complaint whilst on holiday you must immediately bring it to the attention of our local representative.
Tailormade Holidays: In the event that you have cause for complaint whilst on holiday you must immediately bring it to the attention of the management of the accommodation or relevant supplier, obtaining written confirmation from them of the complaint so that we will have the opportunity to correct the matter during the holiday. If your complaint is not resolved locally then please contact the Elcid Tour Spain office. If you fail to follow the complaints procedure in this clause you deprive our suppliers and us of the chance to investigate your complaint and to do our best to rectify it.
If we/the supplier is unable to resolve matters while you are on holiday and you remain dissatisfied, you must write to us within 28 days of your return with full details. Please quote your booking reference on all correspondence. If you fail to follow these simple complaints procedure, your right to claim any compensation may be affected or even lost as a result.
We are now required to collect Advance Passenger Information (API) for passengers before travel to many destinations. This information is required for immigration control and to aid aviation safety and security. As such, we need full passport details, passenger names, dates of birth and nationalities to pass onto the relevant airlines. Besides, please note that we are required to pass on your mobile and email details to many airlines in case they need to contact you prior to travel. This information will not be retained by the airlines after your trip has been completed and will be used solely in the course of conducting your travel arrangements. Elcid Tour will not be held responsible if you fail to provide or comply with relevant API requirements.
The pre-allocation and acceptance of seating requests are becoming more and more restrictive. Often it is only families, holders of frequent flyer cards, premium class passengers and passengers who have paid a pre-allocated seating fee directly to the airline, who are able to request specific seating. Please ensure that you let us know your seating preferences at the time of making your booking and we will do our best to request seating where possible. Do note that airline seating is always only on request and airlines always reserve the right (which they often exercise) to rearrange the seating. We cannot, therefore, guarantee ANY seating requests.
The pre-allocation and acceptance of seating requests is becoming more and more restrictive. Often it is only families, holders of frequent flyer cards, premium class passengers and passengers who have paid a pre-allocated seating fee directly to the airline, who are able to request specific seating. Please ensure that you let us know your seating preferences at the time of making your booking and we will do our best to request seating where possible. Do note that airline seating is always only on request and airlines always reserve the right
(which they often exercise) to rearrange the seating. We cannot, therefore, guarantee ANY seating requests.
AIRLINE LUGGAGE ALLOWANCE
Most airlines offer some free luggage allowance. The allowance varies from airline to airline and between different aircraft types. Please consult the airline, your consultant, or your travel documentation for details. Please note that low-cost carriers may have very restrictive free luggage policies. Please note that for some internal flights, you may be on a light aircraft where a strict luggage restriction of 10-15kg per person plus hand luggage is imposed. On many light aircraft, large suitcases with rigid frames are prohibited, as they cannot be packed in the hold of light aircraft. The ideal luggage to bring is a soft canvas or leather bag or hold all. If this is going to cause a problem, please call to discuss the possibilities.