The conditions reproduced here are an extract of the current legislation. The essential reading of the same will provide the necessary informative clarity for the enjoyment of the motorcycle trips here advanced. The information on each motorcycle trip contained in our website is binding for the organizer or retailer, although all trips have much more detailed travel programs, which will prevail over this general program by omitting many details.
1. LEGAL REGULATION
Royal Legislative Decree 1/2007 of November 16 (BOE). Book Four-Combined Trips on the Defense of Consumers and Users and Decree 99/1996 of June 27 (BOCM) which regulates the exercise of activities of Travel Agencies.
The package travel contract, together with the detailed program with its particular conditions, will be signed (or understood signed by both parties if the customer does not get it to the Agency duly signed) from the time of hiring any of the package tours offered by Ruta Cero Tours, binding on both parties.
2. ORGANIZATION
The technical organization is carried out by Ruta Cero Tours SLU B93430072
3. PRICE
3.1. The price of the motorcycle trips includes all those services particularly detailed in each of the motorcycle trips. As a general rule:
a) Tickets are included for the participants and their motorcycle to cross from the peninsula to Morocco and back. In the event that weather conditions do not allow the departure of the boat from the scheduled port, the organization (Ruta Cero Tours SLU) may arrange to embark at an alternative port.
b) The motorcycle trips in Morocco and Spain will be guided by Ruta Cero Tours SLU staff, with a support vehicle in Morocco, both for the participants and for the motorcycles.
c) Accommodation, when this service is included in the program detailed in the description of each of the trips. The trips to Morocco, usually include as a general rule one night in the desert, which will be spent in Haimas, in case the weather does not allow it, Ruta Cero Tours SLU will provide alternative accommodation.
d) Motorcycle trips include, as indicated in the particular conditions of each trip, full board.
e) Ruta Cero Tours SLU has a Civil Liability Insurance as established by Decree 301/2002 of 17 December, travel agencies and its subsequent amendment with Decree 60/2018 of 27 February. In the same way Ruta Cero Tours SLU has a Guarantee that guarantees the deposits paid by customers.
f) The web page www.rutacerotours.com clearly specifies the services included and excluded, which will serve as a contractual document between both parties.
3.2. Revision of prices:
Any variation in the prices of transportation, taxes, fuel, taxes or exchange rates over those calculated on the date of edition of this program, or of the corresponding detailed program, may result in a revision of the final price upwards or downwards, which will be communicated in writing and always before 20 days prior to departure if already contracted.
3.3. Special offers. Tailor-made trips:
When the package is contracted as a result of special offers, or to adapt to the consumer’s requests, the price may be different from that expressed in this general program, and the services included therein shall be those specified in the detailed program.
3.4. Exclusions:
Not included are visas, country entry or exit taxes, vaccination certificates, tips to guides or service personnel even in countries where it is customary to give them, extras such as coffee or liquor, nor washing, ironing, calls or other optional hotel services, nor wines, soft drinks or mineral waters or special diets even in the case of meals, unless so stated in the detailed program of the particular trip. In general, any other service that is not specifically detailed as included in the contract or in the documentation given to the consumer when signing the contract is not included.
3.4.2. Excursions, optional visits. In the case of optional excursions or visits not contracted at origin or that must necessarily be paid by the consumer at destination, it should be borne in mind that they are not part of the package travel contract. Their publication in the brochure is merely informative and their price is “estimated”. These excursions will be offered to the consumer with their specific conditions and final price independently, not being guaranteed until the moment of their contracting the possible realization of the same.
4. METHOD OF PAYMENT. REGISTRATION AND REFUNDS.
At the time of registration, the Agency may request an advance payment on the total amount of the trip, issuing the corresponding receipt specifying, in addition to the amount advanced by the consumer, the package trip requested.
The remaining amount must be paid according to a payment schedule notified to the consumer or, failing this, prior to the delivery of the vouchers or travel documents, which must be made at least ten days before the date of departure.
If the total price of the trip is not paid in the indicated conditions, it will be understood that the consumer desists from the trip requested, and the conditions foreseen in the following section will apply. All refunds that may be applicable for any reason whatsoever, will always be formalized through the Retail Agency where the registration was made. No refund will be made for services not used voluntarily by the consumer.
In the event that before the conclusion of the contract the Organizer is unable to provide any of the services requested by the customer (included in the price), it must be communicated through the Retail Agency to the consumer, who may waive his request by recovering only the amounts advanced if any.
5. WITHDRAWAL OF THE CONSUMER. ASSIGNMENTS.
5.1. Consumer withdrawal:
The uniqueness of motorcycle travel, hotel reservations, logistics, ferries and other additional services, make it necessary to establish special conditions for it:
Ruta Cero Tours will not refund any of the amounts paid up to that moment by the participant on account of the contracted trip.
That is why we consider it a very interesting option to contract a cancellation insurance, which covers these amounts in case of suffering a loss or circumstance that does not allow you to travel and that covers the Cancellation Insurance.
In any case, the traveler must communicate this in writing, either by e-mail or any other channel that allows the exact time of sending the cancellation request to be ascertained.
Ruta Cero Tours, will make the reimbursement as established above within a maximum period of 5 days.
5.2. Assignment of the Traveler’s place to a third party:
The Traveler may transfer his/her seat to a third party, if the transferor so requests in writing at least 5 days prior to the start date of the trip and the transferee meets the same requirements. Both parties shall be jointly and severally liable for the payment and additional expenses justified by the assignment.
6. ALTERATIONS. CANCELLATION OF THE TRIP BY THE AGENCY.
The Travel Agency undertakes to provide its clients with all the contracted services contained in the detailed program that has given rise to the package travel contract with the stipulated conditions and characteristics, all in accordance with the following points:
a) In the event that, prior to the departure of the trip, the Organizer is obliged to significantly modify any essential element of the contract, including the price, it shall immediately inform the consumer, either directly, when also acting as a retailer, or through the respective retailer.
b) In such a case, and unless otherwise agreed by the parties, the consumer may choose between terminating the contract without penalty or accepting a modification of the contract specifying the variations introduced and their impact on the price. The consumer must communicate his decision to the Retailer or, where appropriate, to the Organizer within three days of being notified of the modification referred to in paragraph (a), being considered rejected if there is no response within that period.
c) In the event that the consumer chooses to terminate the contract, or that the Organizer cancels the package before the agreed departure date, for any reason not attributable to the consumer, the consumer shall be entitled, from the time of termination of the contract, to reimbursement of all amounts paid within a maximum period of 30 days, or to the realization of another package of equivalent or higher quality, provided that the Organizer or Retailer can propose it. In the event that the trip offered is of inferior quality, the Organizer or Retailer must reimburse the consumer, where appropriate, depending on the amounts already paid, the difference in price, according to the contract. The same right shall apply to the consumer who does not obtain confirmation of the reservation under the terms stipulated in the contract.
d) If the Agency cancels the trip once the Package Travel contract has been signed, the amount paid will be refunded and, in case of default, a compensation of 5% between 2 months and 15 days before, 10% between 15 and 3 days and 25% if the default is in the two days prior to departure.
There will be no obligation to compensate in the following cases:
d.1.In trips subject to a minimum number of participants, the Organizer reserves the right to cancel if the number of participants is less than the places specifically indicated, in which case at least 10 days notice will be given.
d.2. When the cancellation of the trip, except in cases of overbooking, is due to force majeure, understood as those circumstances beyond the control of the person who invokes them, abnormal and unforeseeable, whose consequences could not have been avoided, despite having acted with due diligence.
e) In the event that, after the departure of the trip, the Organizer does not provide or proves unable to provide a significant part of the services foreseen in the contract, he shall adopt the appropriate solutions for the continuation of the organized trip, without any supplement to the price for the consumer, and, where appropriate, shall pay the consumer the amount of the difference between the services foreseen and those provided. If the consumer continues the trip with the solutions provided by the Organizer, he shall be deemed to have tacitly accepted these proposals.
f) If the solutions adopted by the Organizer are unfeasible or the consumer does not accept them on reasonable grounds, the Organizer shall provide the consumer, at no extra charge, with a means of transportation equivalent to that used on the trip to return to the place of departure or to any other place agreed upon by both parties, without prejudice to any compensation that may be due.
g) In the event of a complaint, the retailer or, if applicable, the organizer shall act diligently to find appropriate solutions.
h) In no case, anything not included in the package travel contract (such as transportation tickets from the place of origin of the passenger to the place of departure of the trip, or vice versa, hotel reservations in the days before or after the trip, etc.) shall be the responsibility of the Organizer, there being no obligation to compensate for these possible expenses of independent services in the event that the trip is cancelled for the causes foreseen in paragraph d).
i) The guide, for the safety of travelers, shall have the right to modify the trip if he deems it essential, for reasons of physical integrity or in avoidance of objective and verifiable dangers occurring or assumed in the Special Conditions of the Combined Travel Contract, seeking the most reasonable alternative at its discretion, without this guaranteeing the achievement of the same contents if they are conditioned by such causes, not being therefore Ruta Cero Tours obliged to make refunds for it.
Certain adverse weather conditions prior to the departure of a trip or route of any nature do not justify its cancellation, either because of possible changes of conditions in the place of development and the course of the same, or because there are contracted services that could be enjoyed and therefore are not refundable.
7. CLAIMS
The client must collaborate to the good development of the trip and will communicate at the moment to the guide, correspondent agency or contact provided, the possible anomaly or non-compliance to be corrected “in situ”, and if it is not possible, and there is no alternative, he/she will be able to claim later and in writing to the Sales Office.
However, if you do not find satisfaction with the claim, you may submit it to the competent body of the Directorate General of Tourism of the Community of Andalusia, which will decide on the responsibility of the agency, but does not provide any compensation to the customer. The statute of limitations for actions arising from the rights recognized in the law is two years.
8. RESPONSIBILITY
8.1. General:
The Organizing Travel Agency and the Retailer final seller of the package travel will respond to the consumer, according to the obligations that correspond to them by their respective scope of management of the package, the proper fulfillment of the obligations under the contract, regardless of whether they must execute them themselves or other service providers. The organizer declares that he assumes the functions of organization and execution of the trip. The responsibility will be joint and several of all the companies involved in the contract.
The Organizers and Retailers of package tours shall be liable for damages suffered by the consumer as a result of the non-execution or deficient execution of the contract. Such liability shall cease when any of the following circumstances occur.
1. That the defects observed are attributable to the consumer.
2. That such defects are attributable to a third party not involved in the supply of the services foreseen in the contract and are of an unforeseeable or insurmountable nature.
3. That the defects referred to are due to reasons of force majeure, understood as those circumstances beyond the control of the party invoking them, abnormal and unforeseeable, the consequences of which could not have been avoided, despite having acted with due diligence.
4. That the defects are due to an event that the Retailer or, as the case may be, the Organizer, despite having used all due diligence, could not foresee or overcome.
However, in the event of exclusion of liability due to any of the above circumstances, the Organizer and the retailer who are parties to the package travel contract shall be obliged to provide the necessary assistance to the consumer who is in difficulty.
8.2 Limits of damages:
As regards the limit of compensation for damages resulting from the non-performance or poor performance of the services included in the package, the provisions of the International Conventions on the subject shall apply. As regards the damages that are not bodily, these must always be accredited by the consumer. In no case the Agency will be responsible for the expenses of lodging, meals, transport and others that are originated by force majeure.
When in use of any means of transport contained in the Combined Trip an accident occurs, whatever the country where it takes place, the consumer will have to present the pertinent claim against the transporting entity in the respective country, in order to safeguard, in its case, the compensation of the insurance of this, being assisted and advised in its managements by the Organizing Agency.
9. DELIMITATIONS OF THE PACKAGE TRAVEL SERVICES
9.1. Air travel. Presentation at the airport.
For air travel, the presentation at the airport shall be made at least three hours in advance of the official departure time, and in any case the specific recommendations indicated in the travel documentation provided when signing the contract shall be strictly followed.
When contracting individual services, it is recommended that the client reconfirms the flight departure times forty-eight hours in advance.
9.2. Hotels:
The category rating of establishments will correspond to the existing official category in the countries that have it, or with the particular criteria of Ruta Cero Tours, in countries where there is no single mandatory official category.
The quality and content of the services provided by the hotel will be determined by the official tourist category, if any. In all cases, basic information on the services of each accommodation and their description shall be provided in the detailed program. The lodging service shall imply that the room is available on the corresponding night, being understood to be provided regardless of the fact that due to circumstances inherent to the package tour, the check-in time may be later than initially foreseen.
9.3. Other Services:
In the circuits, land vehicles may vary in their characteristics depending on the number of participants. If a certain number of travelers is not reached in any of the outings, it is possible that the trip will be planned without a support vehicle, being the clients responsible for the transport of their own luggage.
The transport in the natural parks for photographic safaris is carried out in vehicles characteristic of each country. In all the above cases the design, structure, comfort and safety of the transport vehicle may not be adapted to Spanish norms and standards, but to those of the destination country.
9.4. Supplemental Services:
When users request supplementary services that cannot be definitively confirmed by the Organizing Agency, the user may choose to definitively withdraw the requested supplementary service or maintain the request while waiting for such services to be finally provided.
In the event that the parties have agreed to prepay the price of the supplementary services that finally cannot be provided, the amount paid will be reimbursed by the Retail Agency immediately upon withdrawal of the service by the consumer or upon return of the trip, depending on whether the user has opted for withdrawal in the provision of the requested supplementary service or has maintained the request.
10. PASSPORTS, VISAS AND DOCUMENTATION
All users without exception must carry the documentation that, according to their nationality, is required in the country or destination, being their responsibility to obtain in time and correct fulfillment of all documents needed, taking special care those citizens with non-Spanish nationality. If the trip could not be carried out for any of these reasons, or the customer is denied entry to the country for any of these reasons, it will be understood as cancellation and therefore all costs incurred will be borne by the consumer. Minors must also carry written permission signed by their parents or guardians.
11. LUGGAGE
For all purposes and as far as land transportation is concerned, it shall be understood that the luggage and other personal belongings of the user are kept with him/her, and that they are transported at the user’s risk and expense. It is recommended to the users that, as far as possible, they are present in all the manipulations of loading and unloading of the luggage.
As for the air, rail, sea or river transport of luggage, the conditions of the transport companies are applicable, being the ticket the binding document between the aforementioned companies and the passenger. In the event of suffering any damage or loss, the consumer must immediately file the appropriate claim to the Transport Company, and communicate it urgently to the Retailer Agency. The Organizing Agency undertakes to provide appropriate assistance to customers who may be affected by any of these circumstances.
12. CONSUMER INFORMATION.
The consumer is informed that at the time of the formal request for the trip, he/she should receive from the Retail Agency the pertinent information on the specific documentation necessary for the chosen trip, as well as advice on the optional subscription of an insurance that covers the costs of cancellation and/or assistance insurance that covers the costs of repatriation in case of accident, illness or death, as well as information on the probable risks implicit in the destination and the trip contracted. However, it is recommended to access the website of the Ministry of Foreign Affairs and Cooperation before contracting a possible destination.
13. PROTECTION OF PERSONAL DATA
In accordance with current legislation on the protection of personal data, Ruta Cero Tours S.L. is a travel agency with CIAN 296645-2 and based in Antequera reports that the personal data provided to us for the realization of a trip, will be incorporated into a file owned by them for the sole purpose of managing the booking of the contracted services.
The data provided by the client may only be transferred to the collaborating companies and organizers of your trip for the proper provision of the contracted service.
Likewise, the provision of the service may imply that international transfers must be made to the collaborating companies and organizers of your trip, for which the client expressly consents.
Likewise, the customer also gives his express consent to the issuance of Visas or other documents by official bodies in which personal data are made public in a document available to other travelers in order to comply with the law.
If the provision of the service involves the collection and processing of personal data of minors, the customer, as parent or guardian of the minor, expressly consents to such processing.
The customer may exercise their rights of access, rectification, cancellation or opposition of their data, by sending a written notice to the address above.
14. ADDITIONAL INFORMATION
14.1. Norms of coexistence, attitudes against the laws, uses and customs of a country:
The good development of the trip is a function of a normal degree of harmony in the coexistence of the group and the observation of the customs of the place, the reprehensible behaviors by the rest of travelers that attempt against this coexistence and even are contrary to the laws of the country or its uses and customs, will be brought to the attention of the guide who will invite the client to desist from their attitudes and, if necessary, will file a complaint with the corresponding authorities to safeguard the integrity of the rest of the travelers against the repetition of faults or crimes that could harm the rest of the travelers. Any member of the group who manifestly disturbs or harms the coexistence and safety may be excluded from the group.
14.2. Circuits:
The Organizing Agency informs the clients that in the tours specified in the brochure, the accommodation service will be provided in some of the establishments listed therein or in another of the same category and area and also that the itinerary of the tour may be developed according to any of the options also described in the program/offer. This identification shall not imply any modification of the contract.
To join most of our trips no special physical condition is necessary. They are simply intended to be enjoyed by people who want to spend a few days of their vacation trying to learn a little more about the world around us. It is understandable that traveling through many countries included in our travel offer, implies that the planned routes are projects of intention, rather than something totally guaranteed. For this we have to leave a door open to the unexpected, being this flexibility essential and necessary to thoroughly enjoy every moment of the trip.
Any unforeseen event may cause the route to change such as: strikes, weather conditions, closures or delays at borders, local means of transport. This does not happen frequently, but in the case that this could modify the route, the guide will decide which is the best alternative to follow, always looking for the best alternative for the group.
Given the special nature of these trips, the client must understand that, sometimes, we have to spend the night in places where there are showers, but no water; where there are hotels but they are not comfortable; where the rooms are not in the same conditions as in the western world or where the food has to be local and made by local people, that is, different from what we are used to; where the roads are dirt tracks with all that this entails (dust, potholes, punctures, broken windows, mud where you have to help to remove the vehicle, etc.). Our trips are to enjoy and participate actively, not as a passive spectator. Some of these aspects will be unavoidable because they are inherent to the country itself, and therefore not claimable as a fault, shortcoming or anomaly since the situation will be part of “your normality”. The advantage of this is that you will share this adventure of traveling not as a tourist but as a TRAVELER.
14.3. Group Trips:
Prices for group trips are based on a minimum number of people (as indicated in each trip), making the entire itinerary together from the point of consolidation, except in those trips where a different minimum is specified. Please consult the particular characteristics of each trip. The fact that the group travels with more than the minimum number of people does not imply any reduction in the price.
14.4. Acceptance of conditions:
The fact of being part of any of the trips included in this program implies the knowledge and acceptance by the travelers of each and every one of the General Conditions.