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ON THE ONE HAND, OCIO AND FRIENDS SL as retailer with address in c/ Adriático s/n. Edificio Adriático, planta 2ª, Oficina 8, 11407 Jerez de la Frontera. Cádiz, with Tax Identification No CIF B11879160, and Licence NameCIAN 11-2095-3. (hereinafter referred to as the Travel Agency or the Retailer).
ON THE OTHER HAND, Mr. as Main Contracting Party, being beneficiaries of the TRAVEL VOUCHER all those persons whose data appear in the TRAVEL VOUCHER which is enclosed herein.
The parties, mutually and reciprocally, declare and acknowledge to be empowered with the legal capacity to execute this agreement and free and voluntarily agree to sign this contract and therefore,
I. Whereas the Travel Agency is a company which offers, among others, holiday packages from the enterprise OCIO AND FRIENDS, S.L (hereinafter referred to as Golocio), when this company acts as wholesaler and organizer of said holiday package, and with address in c/ Adriático s/n. Edificio Adriático, planta 2ª, Oficina 8, 11407 Jerez de la Frontera, Cadiz (Spain).
II. Whereas the Travel Agency has the adequate authorisations and contracts from Golocio, which entitles it to market the aforementioned packages as a Retailer.
III. Whereas Mr ( el/los contratante/s) the contracting party or parties is or are interested in booking a holiday package offered by Golocio, which is described in the TRAVEL VOUCHER enclosed in the present contract (hereinafter referred to as the Main Contracting Party or the Beneficiary).
IV. NOW THEREFORE, in consideration of the foregoing, the Parties free and voluntarily agree to execute this Package Tour Contract as follows:
The Travel Agency set forth above sells, on behalf of Golocio, to the Main Contracting Party, who accepts and purchases a Package Tour in accordance with the following provisions:
1st) Travel Destination or Destinations: it is identified in the TRAVEL VOUCHER enclosed herein.
2nd) Booking Assignment:
1.- The Main Contracting Party or the Beneficiary may assign for free his package tour booking to a anyone complying with all the terms and conditions requested for it. 2.- The assignment must be notified to the Retailer or to the organizer, if applicable, with written notice at least fifteen (15) days prior to the date of departure, unless the parties convene a smaller period in the contract.3.- The person transferring his booking in the Package tour as well as the assignee shall be, jointly and severally, liable to the Retailer or, if applicable, to the organizer being party hereof, for the payment of the price as well as for the justified additional expenses which could have caused said assignment or transfer.
3rd) In Case of Fragmentation of the Stay, Different Periods and Dates are Indicated: it is indicated in the TRAVEL VOUCHER enclosed herewith.
4th) Means, Features and Category of Transports to Be Used: they are indicated in the TRAVEL VOUCHER enclosed herewith.
5th) Travel Departure and Arrival: are indicated in the TRAVEL VOUCHER enclosed herewith.
6th) In case of Accommodation: it is indicated in the TRAVEL VOUCHER enclosed herewith. The organizer may change the hotel included in the package tour offer, modifying as well, if necessary, the price of the package tour. Moreover, in case the offer includes several hotels of similar characteristics and equal category, the organizer may allocate accommodation for the contracting parties in any of the hotels offered.
7th) Tickets: they are indicated in the TRAVEL VOUCHER enclosed herewith. The organizer may allocate the tickets in any of the sites and locations included in the category offered and purchased.
8th) Board arrangement:it is indicated in the TRAVEL VOUCHER enclosed herewith.
9th) Travel Cancellation:
The validity of this offer is subject to availability of Packages tours, which will in turn be subject to availability of tickets provided by Football Clubs or providers to the organizer of the Package tour.In case there are more bookings of packages than tickets available, the aforementioned tickets will be assigned in order of booking.
10th) Itinerary, Visits, Trips and other Services:they are indicated in the TRAVEL VOUCHER enclosed herewith.
Given the impossibility of knowing the date and time of the match before 7/10 days prior to its celebration and given that the date and timetable is out of the scope of the Package tour organizer, the aforementioned organizer may be able to modify itineraries, visits, trips and rest of services in accordance with final timetable fixed, with the purpose of getting in time to the football match purchased.
11th) PriceThe total final price per person for this package including taxes is indicated and described in the TRAVEL VOUCHER enclosed herewith.
The prices fixed in this contract may be checked, for upwards and downwards adjustments, and said revision shall only be undertaken in order to implement changes in prices of transport, including petrol costs, fees or taxes related to certain services and exchange rates applied to the organized trip. Yet, any revision of prices upwards within twenty (20) days before departure shall be void.
12th) Terms of paymentTerms of payment shall be indicated in the quotation provided to the customer or retailer and may be performed by bank transfer upon approval of quotation by the retailer or customer, and upon confirmation of availability of services by the Organizer. The aforementioned services shall not be guaranteed or blocked until payment is accomplished and the Organizer receives written proof of it.
In case of deferred payment , the payment deadline will be indicated in the quotation.
En el supuesto de que el Cliente decidiese cancelar, siempre y cuando no hubiese una modificación sustancial, por parte del organizador, en los servicios contratados, perderá en concepto de penalización el 5 por 100 del importe total del viaje, si el desistimiento se produce con más de diez y menos de quince días de antelación a la fecha del comienzo del viaje; el 15 por 100 entre los días tres y diez, y el 25 por 100 dentro de las cuarenta y ocho horas anteriores a la salida más 25% en gastos de gestión y anulación.
13th) Modification of the Contract:1.-In the event the organizer is obliged to significantly modify any special provision of this contract before departure, he will have to notify the Beneficiary. In this sense, the traveller knows that timetables for football matches are established by competition organizers witn very little time before celebration of the matches. This fact may condition the development of the gross of the Package tour.
2.- In said event and, unless otherwise agreed by the parties, the Beneficiary may choose between terminating the contract without any penalty at all or accepting a variation of the contract indicating changes produced and repercussion in the price. The Beneficiary must notify his decision to Retailer or, if applicable, to the organizer within the three following days he has been notified about the variation mentioned above in point 1 of this Article. In the event the Beneficiary does not notify his decision as stipulated herein, it will be understood that he chooses to terminate the contract without any penalty.
14th) Termination of the Contract or Cancellation of the Trip
1.- In the event the organizer cancels the Package tour before the departure date agreed, by any reason beyond the Beneficiary’s fault, the Beneficiary will have the right of refund of all the amounts already paid for it, since termination of the contract, or to another Package tour of equal or higher quality as long as the organizer or Retailer can provide it for him. In the event, the trip offered had a lower quality, the organizer or Retailer shall refund to the customer, when possible and depending on the quantities already paid, the difference of price, in accordance with the contract. This same right shall correspond, as well, to any customer who had not confirmation of the booking within the terms and conditions stipulated in this contract.
2.- In the previous cases, organizer and Retailer shall be liable for the payment to customer of the compensation that should correspond by breach of the contract, which in any case may be less than 5 percent of the total price, if the aforementioned breach is produced between the 2 months and 15 days immediately before the departure date; 10 percent if breach is produced between 15 days and 3 days before and 25 percent within 48 hours before departure.
3.- In the following cases the company shall not be bound to compensate:a) When cancellation is caused because the number of people registered in the Package tour is lower than requested and it must be notified in writing to the customer within 10 days before the departure date stipulated.b) When cancellation of the Trip is due to reasons of force majeure, that is to say, all those unusual and unforeseeable circumstances beyond the control of the party by whom it is pleaded, the consequences of which could not have been avoided even if all due care had been exercised.
4.- At all times the client or customer may cancel the services booked or purchased, with the right of refund of amounts paid. However, he shall compensate the organizer or Retailer with the amounts described hereafter, unless said cancellation is due to force majeure:a) The client will pay for the arrangement expenses, cancellation expenses, if any, and for a penalty consisting in 5 per cent of the total amount of the trip, in case cancellation is done with more than ten and less than fifteen days in advance to the date of travelling; 15 percent between three and ten daysbefore; and 25 percent within the forty-eight hours prior to departure.In case of no show on departure, the client is bound to pay the total amount of the trip, paying the total amount of the trip, and any applicable pending amount, unless otherwise prior agreement.
b) In the case the Package tour was subject to special financial conditions of purchase, such as plane, ship charters, special prices, etc. cancelation expenses may be passed on as long as they have been produced.
15th) Breach and Liabilitya) The Main Contracting Party may demand liability that should occur within the period of 2 years in case of failure to comply with provision herein.b) Any breach of the execution of this contract must be notified in writing by the Beneficiary to the Travel Agency and, if necessary, to the Tourist Administration.c) The Travel Agency provides hereby to the Main Contracting Party or Beneficiary in the TRAVEL VOUCHER CONFIRMED timetables and places of stopover and links, as well as clear information about the category of the seat the traveller is going to occupy in the transport or transports to be used. Likewise, the name, address and telephone number of each representative of the organizer or Retailer in each destination is enclosed, or a telephone number of urgency, allowing the Main Contracting Party to contact the organizer or Retailer. All these data is included herein, which copy is held by the Travel Agency.d) The organizers and Retailers of Package tours shall be liable to the Beneficiary and customer, in accordance with their obligations resulting from their own participation in the arrangement of the Package tour, the proper performance of the obligations stipulated in this contract, with independence whether these obligations must be accomplished by them or by other service providers and, without affecting the organizers’ and retailers’ right to act against said service providers. Liability to Beneficiary shall be binding on any and all employers, either organizers or Retailers, being part of this contract, with independence of their type and relationship among them, without affecting the right of appeal of the party being liable before the Beneficiary and user against the party responsible for the breach or defective compliance of the contract in connection with their own participation in the arrangement of the Package tour.Moreover, Organizers and Retailers of Package tours shall be liable for damages suffered from the Beneficiary as a result of the non execution or defective execution of this contract.Said liability shall terminate when any of the following circumstances occur:1) That the defects observed in the execution of the contract are attributable to the customer.2) That such defects are attributable to a third party unaware of the stipulations envisaged herein and which contain an unpredictable and insuperable nature.3) That the aforementioned defects are due to force majeure, that is to say, all those unusual and unforeseeable circumstances beyond the control of the party by whom it is pleaded, the consequences of which could not have been avoided even if all due care had been exercised.4) That the aforementioned defects are due to a situation which the Retailer or, if applicable, the organizer despite having exercise all due care, could not have predicted or overcome.However, in the cases of exclusion of liability for any of the circumstances stipulated in paragraphs b), c) and d) the organizer and Retailer, constituting party in this contract, will be bound to give the necessary assistance to the Beneficiary in trouble.Compensation for damages resulting from the breach or wrong execution of the provisions included in the Package tour shall be limited in accordance with stipulations of international agreements governing said provisions.
16th) Other Interesting Articles.Organizer’s Name: OCIO AND FRIENDS SLTax Identification No B11879160Address: c/ Adriático s/n. Edificio Adriático, planta 2ª, Oficina 8, 11407 Jerez de la Frontera, Cadiz, Spain
GENERAL INFORMATION: Please note that the contractor of the Package tour requires (passport, visa and other sanitary documents necessary for travelling and stay, when applicable).
MINOR TRAVELLING: In case of minor travelling abroad, they will be contacted through the persons responsible for their stay in situ, which data are the following:
17th) Protection of Personal Data
General Information for the ClientPursuant to stipulations of the Spanish Organic Law 15/1999, of 13th December, of Personal Data Protection (hereinafter “OLPPD”) and its regulation on development, we are pleased to inform you about your personal data processing (hereinafter “Data”).Any Data you provide to us, now or in the future, for the purpose of our commercial relation, shall be registered in a file which liability is held by Ocio And Friends, S.L, with address in c/ Adriático s/n. Edificio Adriático, planta 2ª, Oficina 8, 11407 Jerez de la Frontera, Cádiz and with Tax Id. No B11879160 (hereinafter “Golocio”).All data requested is mandatory, therefore the omission of any detail may render impossible to provide the service offered.Your Data will be processed by GOLOCIO with the aim of maintaining, developing and monitoring our commercial relationship, which includes answering to your questions or requests of information or documentation.The Data provided by you must be correct and updated when it is provided, therefore you guarantee its authenticity and veracity. Please inform us about any change in your Data, as soon as possible, with the sole purpose we can keep our file updated all the time and without any type of mistake in connection with your Data.You expressly consent your Data to be processed by GOLOCIO in order to send you marketing information about our goods and products, by mail, email, SMS or any other equivalent electronic means, you consent, as well as, your Data to be processed for segmentations and/or elaboration of profiles with the same purpose.Moreover, you expressly consent your Data to be processed by GOLOCIO in order to send you marketing information about goods and products of third companies, different from GOLOCIO, operating in the following sectors: financial, insurance, game, educational, audiovisual sector, publishing companies, travel agencies, hotels, leisure clubs, sporting or cultural clubs and associations, cultural and sporting events, non-government organizations (NGO), food, major consumer goods, by mail, email, SMS or any other equivalent electronic means.Age of MajorityOur services, as well as goods provided in connection with Package Tours marketed by GOLOCIO, are only delivered for people who have reached the age of majority.You declare to have reached the age of majority.Moreover, in the event you provide data related to a passenger under 14. You guarantee that you have been informed and consent as parent, guardian or legal representative. With this purpose, you will provide any documentation requested in order to proof such situation, as well as his identity.You declare to be parent, guardian or legal representative of the minor or minors of whom you have provided personal Data.General Information for the ClientIn order to undertake the appropriate procedures in connection with the tours we offer, you must provide to us data from third parties, within family, social or professional area. In order to accomplish this data provision, you must prior inform the aforementioned third parties about the content herein as well as obtain their consent thereto, which you must prove prior written notice. Notification of your Personal DataYou expressly consent your Data to be notified by GOLOCIO to the companies of its group and to collaborator enterprises operating in the tourist and hotel sectors, with the aim of sending to them marketing information about their goods and services by mail, email, SMS or any other equivalent electronic means. You may get information about identity and activities of said companies on the web page. The companies processing your Data may be settled in countries which do not offer the same level of protection than the OLPPD.Likewise, in order to arrange and book your trip, your personal Data will be provided to OCIO AND FRIENDS S.L., organizer of the Package tour, with address in c/ Adriático s/n. Edificio Adriático, planta 2ª, Oficina 8, 11407 Jerez de la Frontera, Cadiz (Spain).Conservation of your Personal DataYour Data will be saved in our files during our commercial relationship and during the legal or contractual periods stipulated for the execution of any action by GOLOCIO or by you. Upon termination of our business relation your Data will be duly blocked, pursuant to stipulations of the applicable legislation.Notwithstanding the foregoing, once our business relation has terminated, your Data may still be used for marketing purposes, within the aforementioned terms and conditions until you revoke the consent you have provided to us.Access to Data by Third PartiesWe inform you that certain companies could gain access to your Data with the sole purpose of rendering GOLOCIO a processing service, such as Travel Agencies, computer service providers, etc. In any case said service providers may utilize your Data for other purposes or for their own interest. These companies may be settled in countries outside the European Economic Area which does not offer the same level of protection than the OLPPD.Confidentiality and Security MeasuresFinally, we are pleased to inform you that GOLOCIO will process your Data, at all times, in an absolute confidential way and in accordance with the purposes expressly aforementioned. Likewise, we inform you that GOLOCIO has implemented the necessary technical and organizational measures to guarantee security of your Data and to avoid its alteration, loss, non-authorised processing or access, considering technology situation, nature of Data filed and the risks to which they are exposed, all that in accordance with provisions of Title VIII from Royal Decree 1720/2007, of 21st December, by which the OLPPD is developed.Execution of RightsYou may be able, at any time, to execute your right of access, rectification, cancellation and opposition to your Data processing, within the stipulated legal terms, by addressing to the aforementioned GOLOCIO’s mail address and enclosing copy of a document proving your identity.For your convenience, you will be able to obtain information about the execution of these rights by email to email@example.com or on our web page www.golocio.com.
You may be able, at any time, to execute your right of access, rectification, cancellation and opposition to your Data processing, within the stipulated legal terms, by addressing to the aforementioned GOLOCIO’s mail address and enclosing copy of a document proving your identity.
18th) Applicable Law and Competent Jurisdiction
As far as the legal system may allow, this contract shall be governed by and construed in accordance with the Law of Spain.
The parties hereby, waiving any other jurisdiction, agree that the courts of Madrid (Spain) shall have exclusive jurisdiction to settle any dispute, discrepancy, matter or claim arising out of or in connection with the execution or interpretation of this contract.
IN WITNESS WHEREOF, the parties have caused this contract to be signed in their respective names and each party shall sign each of the pages thereof, in duplicate and on a single effect and shall hold a copy.
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