GENERAL TERMS AND CONDITIONS FOR PACKAGE TRAVEL CONTRACTS

1.- Definitions For the purposes of these General Terms and Conditions, the following definitions apply: Programme: The description of the package travel that includes all tourist services offered by the organiser, plus all other information required under Article 153 of Royal Legislative Decree 1/2007. The information contained in the programme is binding on the organiser, unless one of the following circumstances applies: (a) changes to such information have been clearly communicated in writing to the traveller before the conclusion of the contract and such possibility has been expressly accepted by the traveller before that date; (b) they occur after the conclusion of the contract and have the express approval of the traveller. Package travel contract: The binding agreement between the organiser and the traveller. Organiser: The company VIAJA DESCUBRE VIVE S.L., with registered office at Calle Henri Dunant 17, 28036 Madrid (España), Tax ID B72496045 and C.I.C.M.A No. 4369. Traveller: Any person who enters into a contract or is entitled to travel under such contract. 2.- Legal framework applicable to the package travel contract These General Terms and Conditions are subject to the provisions of Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, and Law 7/1998 of 13 April on General Contractual Conditions, and other applicable regulations. 3.- Applicable contractual framework These General Terms and Conditions shall be incorporated into all package travel contracts concluded between the organiser and the traveller, forming part thereof and binding both parties. 4.- Travel booking process The organiser shall provide the interested traveller with all pre-contractual information relating to the package travel, as required by Royal Legislative Decree 1/2007. The traveller who accepts the programme offered shall enter into a package travel contract with the organiser, which shall include, in all cases, the programme, these general terms and conditions, and any applicable special conditions. Once the required deposit has been paid and the contract signed, the organiser shall take the appropriate steps to obtain confirmation of the contracted services from each supplier. In the event that any of these services cannot be confirmed due to lack of availability, an alternative of similar characteristics shall be offered, with an indication of the new price, if applicable, which the traveller may accept or reject. If the traveller rejects the proposed change, the organiser shall refund the amounts deposited to date. The organiser undertakes to confirm travel reservations at least 25 days before the scheduled departure date, except where the contract is signed less than 25 days in advance, or in cases where some of the contracted services are modified, in which case the period shall be as short as possible. 4.1.- Budget fees and conditions of application The organiser shall charge a management fee for the preparation of a customised itinerary and travel budget, entitling the client to request and receive the proposal within 20 days from the initial payment of said amount, which is a single, non-refundable fee. The amount charged for the requested itinerary and budget shall be deducted from the total price of the trip if the client ultimately books and confirms the journey. Partial modification of services included in a budget shall not be considered the preparation of a new budget, provided that the destination is not changed and/or there is no significant change of dates. Finally, if the client does not make a reservation based on the budget, or cancels after having done so, the amount paid for this concept shall not be refunded under any circumstances. 5.- Scope of package travel services 5.1.- General scope The services included in the package travel contract result from the information provided to the traveller and included therein. 5.2.- Transport The client must arrive at the indicated departure point with the advance notice specified in the travel documentation provided. For air travel, check-in at the airport must be completed at least three hours before the official departure time for international flights and two hours for domestic flights, and in all cases the specific recommendations indicated in the travel documentation provided when signing the contract must be strictly followed. If the traveller is unable to travel due to not having arrived with the required advance notice, the provisions for traveller withdrawal once the journey has begun shall apply. Reservations shall be made using the details provided by the traveller. Airlines reserve the right to deny boarding to a traveller whose ticket name does not match the name on their passport. Once a reservation has been made, an error in the name or an incomplete name will require a new reservation, with the possibility of not obtaining seats on the same flights or of the initial price changing. Any loss or damage to hand luggage or other items carried and kept in the traveller's custody shall be entirely at their own risk. A direct air route shall always be understood as one whose documentary support is a single flight coupon, regardless of whether the flight makes any technical stops. 5.3.- Accommodation 5.3.1.- General The quality and content of services provided by the hotel shall be determined by the official tourist category, if any, assigned by the competent authority of its country. In countries where there is an official classification of hotel establishments or any other type of accommodation, the contract (programme) reflects the tourist classification granted in the corresponding country. In countries where there is no official classification, the category indicated in the programme is simply indicative, as provided by the organiser. Triple or quadruple rooms or cabins are generally double rooms with one or two additional beds added, usually a sofa bed or folding bed, except in certain establishments where larger beds are used instead of additional beds. The usual check-in and check-out times at hotels depend on the first and last service the user will use. Room occupancy times depend on the regulations established in each country. As a general rule, and unless otherwise expressly agreed in the contract, rooms may be used from 2:00 PM on the day of arrival and must be vacated before 12:00 PM on the day of departure, regardless of the scheduled arrival time at the hotel or the scheduled continuation of the journey. When the contracted service does not include permanent guide accompaniment and the user anticipates arriving at the reserved hotel or apartment on dates or at times other than those indicated, it is advisable to communicate this circumstance to the organiser, or directly to the hotel or apartments, as applicable, as far in advance as possible to avoid problems and misunderstandings. Similarly, the user should consult with the organiser when making the reservation about the possibility of bringing animals, as they are generally not allowed in hotels and apartments. If animal admission has been confirmed and you intend to travel with them, this circumstance must be stated in the contract. The accommodation service implies that the room will be available on the corresponding night, and is understood to be provided regardless of whether, due to circumstances of the journey, check-in occurs later than initially planned. 5.3.2.- Supplementary Services When users request supplementary services (for example, sea view room, etc.) that cannot be definitively confirmed by the organiser, the user may choose to definitively withdraw from the requested supplementary service or maintain their request pending such services finally being provided. If the parties have agreed to advance payment for supplementary services that ultimately cannot be provided, the amount paid shall be refunded by the organiser immediately upon the traveller's withdrawal from the service or upon return from the trip, depending on whether the user has opted to withdraw from the supplementary service requested or has maintained the request. 5.4.- Meal plan The half-board plan, unless otherwise indicated, includes continental breakfast and dinner. As a general rule, and unless expressly stated otherwise, these meals do not include beverages. Special diets (vegetarian or special dietary requirements) are only guaranteed if agreed by the parties in special conditions. If any restaurant service corresponding to the contracted meal plan is missed due to any delay, there shall be no right to any refund. 5.5.- Special economic conditions for children Given the diversity of treatment applicable to children, depending on their age, service provider, and travel date, it is recommended to always check the scope of any special conditions, which will be subject to specific and detailed information at each time and will be included in the contract or travel documentation provided. In general, regarding accommodation, these will apply provided the child shares the room with two adults. Regarding stays of minors abroad, the information provided for each specific case and what may be stated in the contract or travel documentation provided when signing shall apply. 6.- Economic conditions 6.1.- Travel price The travel price includes: a) Transport, when such service is included in the contracted programme, with the type, characteristics, and category specified therein. b) Accommodation, when such service is included in the contracted programme, at the establishment and with the meal plan specified therein. c) Indirect taxes or fees - e.g., Value Added Tax (VAT) when applicable and not payable directly by the traveller. d) Management fees. e) All other services and extras specifically stated in the signed package travel contract. 6.2.- Exclusions The travel price does not include anything not expressly stated in the travel contract. In the case of optional excursions or visits not contracted at origin, it should be noted that they do not form part of the travel contract. Their publication in the programme is purely informative and the price is indicated as "estimated". Therefore, when contracted at the destination, variations in costs may occur that alter the estimated price. Such excursions will be offered to the traveller with their specific conditions and final price separately, and their possible completion is not guaranteed until the time of booking. 6.3.- Price revision The travel price has been calculated based on exchange rates, transport tariffs, fuel costs, taxes, etc., applicable on the programme publication date. The established price may be revised, both upward and downward, when changes occur in: a) the price of passenger transport derived from fuel costs or other energy sources. b) the level of taxes or fees on travel services included in the contract, charged by third parties not directly involved in the execution of the package travel, including tourist taxes, landing and embarkation or disembarkation charges at ports and airports, or c) exchange rates applicable to the package travel. Such revision may only be made more than 20 calendar days before the departure date. In no case shall revision be possible if the traveller has already paid the full price of the trip. Notwithstanding the above, and regarding the exchange rate, the organiser guarantees and fixes said price once the trip is confirmed, so after such confirmation, the price shall not be modified for this reason. 6.4.- Payment method and refunds Upon signing the contract, the traveller must pay, or have paid, to the organiser fifty percent (50%) of the total land services. Air tickets must be paid before the reservation is issued. This date is imposed by the various airlines and will be notified to the traveller at the time of service confirmation. The balance shall be paid according to the payment schedule informed to the client prior to booking the trip, except where the contract is signed with shorter notice, in which case payment of the balance shall be made upon delivery of transport tickets and other travel documentation without any deadline. If any of the contracted services have special payment conditions, these will be communicated before booking the trip. If the traveller does not make the final payment established in the contract, the organiser shall request payment within forty-eight (48) hours. If payment is not made within this period, the organiser may terminate the contract and apply the rules established for withdrawal, with the traveller being obliged to pay all costs incurred by the organiser for this reason. Such costs shall in all cases include 10% of the land services portion as general expenses for the management carried out. All refunds due for any reason shall always be processed through the organiser. Once the trip has begun, the traveller's voluntary non-use of any contracted services shall not entitle them to any refund. 7.- Rights and duties of the parties before starting the journey 7.1.- Contract modification before departure 7.1.1.- By the Organiser The organiser undertakes to provide its travellers with all services contained in the contract, with the stipulated conditions and characteristics, although it may make any changes necessary for the successful completion of the trip that are not substantial before departure. Notwithstanding the above, if the organiser is required to make substantial changes to the contracted services, or proposes to increase the price by more than 8%, it shall notify the traveller without delay, including the programme modifications and their impact on the price. The traveller must notify the organiser within a maximum of 24 hours whether they accept the programme modifications and the new price. If the modifications accepted by the traveller result in a lower quality trip, they shall be entitled to an appropriate price reduction. In the event of contract termination by the traveller due to modifications communicated by the organiser, the traveller shall be entitled to full refund of all amounts paid to date without any penalty, within a maximum of fourteen calendar days from the date of termination. Insurance, once contracted, is non-refundable. 7.1.2.- By the traveller If at any time before the departure date the traveller wishes to request changes to destinations, means of transport, duration, schedule, itinerary of the contracted trip, or any other aspect of the services, and the organiser is able to make them, the organiser may require payment of any justified additional expenses caused by such modification. Similarly, the traveller may transfer their package travel reservation to a third party, provided the latter meets all the conditions required for said trip, with written notice to the organiser at least 7 calendar days before the trip start date. Both the person transferring the reservation and the transferee shall be jointly and severally liable to the organiser for payment of the trip price, as well as any commission, surcharge, or justified additional expenses that may have been caused by such transfer. 7.2.- Contract termination before departure 7.2.1.- Termination by the organiser The organiser may cancel the contract and refund the traveller for all payments made within a maximum of 14 calendar days from the cancellation notification, but shall not be liable for any additional compensation if: a) The number of persons enrolled for the package travel is less than the minimum number specified in the contract and the organiser notifies the traveller of the cancellation within the following periods: 20 calendar days before the start of the package travel (for trips of more than six days duration); 7 calendar days before the start (for trips of between two and six days duration); 48 hours before the start for trips of less than two days duration. b) The organiser is prevented from executing the contract by unavoidable and extraordinary circumstances and notifies the traveller of the cancellation as soon as it becomes aware of this. 7.2.2.- Termination by the traveller The traveller may at any time before the start of the package travel terminate it, being obliged to pay the organiser all costs incurred as a result of such cancellation. Such costs shall in all cases include 10% of the land services portion as general expenses for the management carried out. The organiser shall not apply the above penalty if the termination occurs as a result of unavoidable and extraordinary circumstances at the destination or in its vicinity that significantly affect the execution of the package travel, or the transport of passengers to the destination. In this case, the traveller shall be entitled to full refund of any payment made, but not to additional compensation. The organiser shall be obliged to pay the traveller the corresponding amount according to the above paragraphs within a maximum of 14 calendar days from the cancellation notification. 8.- Rights and obligations of the parties after starting the journey 8.1.- Traveller's rights The traveller shall be entitled to proper performance of the travel services included in the contract. If any of the contracted services cannot be provided, or are provided at a lower quality, the traveller shall be entitled to an appropriate price reduction and payment of compensation for damages that may have been suffered as a result. The traveller has the right to withdraw from the package travel contract once the journey has begun, but may not claim a refund of amounts paid and shall continue to be obliged to pay any outstanding amounts. The traveller shall be entitled to receive assistance as soon as possible in circumstances of unavoidable and extraordinary situations, through the provision of information on health services, local authorities, and consular assistance, and to receive help in establishing remote communications and finding alternative travel arrangements. 8.2.- Traveller's obligations The traveller must follow the instructions provided by the organiser for the proper execution of the trip, as well as the regulations generally applicable to users of the services included in the package travel. In particular, they shall behave in a manner that does not prejudice its normal development, acting in accordance with basic rules of prudence and common sense and obeying at all times the instructions given by the organiser's guides and monitors. The traveller shall be obliged to communicate any lack of conformity on their part in the execution of the contract to the organiser as soon as possible, as well as to accept new proposals from the organiser in relation to such non-conformity, if these are of the same quality as those included in the contract, or if of lower quality, an appropriate price reduction has been offered. In any case, the traveller is obliged to take adequate and reasonable measures to try to reduce any damage that may result from non-execution or defective execution of the contract or to prevent it from worsening. Damages resulting from failure to adopt such measures shall be borne by the traveller. Serious breach of these duties entitles the organiser to terminate the package travel contract for reasons attributable to the traveller, with the latter being liable for any damages that may have been caused to the organiser. 8.3.- Organiser's rights after the journey has begun The organiser, as responsible for the execution of the trip, has the right to make decisions it considers appropriate in unforeseen situations that may arise during the journey, such as weather changes, political or military circumstances, problems caused by air intermediaries, etc., establishing the necessary changes to guarantee the safety of travellers and the successful completion of the trip. It also has the right to require travellers to behave appropriately and in accordance with the various regulations or customs of the countries included in the trip, so as not to prejudice its completion, and may give instructions to this effect. The organiser shall have the right to terminate, at any time, the participation of any person whose behaviour may be understood as dangerous to the safety of the group or welfare of participants, which shall not entitle them to any refund. However, measures shall be taken to ensure their repatriation. 8.4.- Organiser's obligations The organiser is obliged to correctly execute the services included in the contracted trip, regardless of whether these are executed directly or by other service providers, being liable for damages suffered by the traveller as a result of non-execution or defective execution of the contract, except: 1) Where the defects observed in the execution of the contract are attributable to the traveller. 2) Where the defects are due to unforeseeable or unavoidable circumstances, meaning any situation outside the control of the party invoking this situation and whose consequences could not have been avoided even if all reasonable measures had been taken. In the above cases of exclusion of liability, the organiser shall be obliged to provide necessary assistance to any traveller in difficulty, unless the defects are attributable exclusively to intentional or negligent conduct by the traveller. The organiser shall not be liable for services not included in its programme that the traveller may contract with third parties during the trip. Nor shall it be liable if the traveller independently contracts transport outside the programme, in relation to any delay, cancellation, accident, or incident that may occur in relation to such transport, regardless of the cause, without the traveller or beneficiaries having any claim in this regard. Similarly, the organiser shall have no liability in relation to such potential incidents meaning the impossibility of carrying out all or part of the contracted activities, or the need to delay, cancel, or otherwise modify the contracted travel plan, without having to return or pay any amount to the traveller for this reason. Finally, the traveller acknowledges and accepts that the insurance policies contracted by the organiser shall not cover any eventuality that may occur in relation to transport contracted directly by them. If any of the services included in the trip are not executed in accordance with the contract, the organiser shall be obliged to remedy the lack of conformity, unless this proves impossible or involves disproportionate cost, taking into account the severity of the lack of conformity and the value of the affected travel services. When the organiser cannot provide a significant proportion of the contracted travel services, it shall offer, at no additional cost to the traveller, suitable alternative arrangements, if possible of equivalent or higher quality than those specified in the contract, for the continuation of the package travel. If the organiser does not offer such alternative arrangements and the trip includes transport, it shall repatriate the traveller on equivalent transport without undue delay and at no additional cost. 9.- Limits of the Organiser's liability The organiser shall apply the limitations that, in relation to the scope or conditions of payment of compensation by travel service providers included in a package travel, are established by international conventions binding on the European Union. In other cases, the organiser may limit in contracts it enters into the compensation it must pay to the traveller, provided that such limitation does not apply to bodily injury or damage caused intentionally or through negligence, and that its amount is not less than three times the total price of the trip. 10.- Passports, visas, and vaccinations The organiser undertakes to inform the traveller of the health formalities necessary for the trip and stay, as well as the applicable conditions regarding passports and visas, being liable for the correctness of the information provided. The traveller must obtain the documentation necessary for the trip, including passport, visas, and health formalities. The traveller must ensure before starting the trip that all applicable visa rules and requirements are met in order to enter without problems all countries to be visited. Minors under 18 years of age must carry written permission signed by their parents or guardians, in case it may be requested by any authority. All damages that may arise from the lack of such documentation shall be at their expense, particularly expenses resulting from trip interruption and possible repatriation. If the organiser accepts the traveller's request to process visas necessary for any of the destinations in the itinerary, it may charge the visa cost plus management fees for procedures to be carried out with the corresponding diplomatic or consular representation. In this case, the organiser shall be liable for damages attributable to it according to normally required diligence for delays in obtaining necessary documentation or for lack or insufficiency thereof, preventing the trip. 11.- Other General Provisions 11.1.- Risks In some cases, the organiser offers expeditionary trips outside traditional tourist routes, in close contact with nature, and in many cases living with peoples far from Western customs. Consequently, the contracted trip has specific characteristics that imply, compared to conventional trips, a higher than usual risk, a risk of which the person contracting it is fully aware, assuming the responsibility derived therefrom and expressly declaring that the risk is precisely one of the reasons decisively influencing their booking. 12.- Insurance The organiser has taken out a Basic Travel Assistance Insurance for all its trips that covers the traveller, and shall inform the traveller of the possibility of taking out optional insurance to cover expenses incurred if they decide to terminate the contract, or assistance expenses, including repatriation, in case of accident, illness, or death. Insurance, once contracted, is non-refundable. 13.- Complaints, legal actions, and limitation period The traveller may file legal claims before the courts of their place of residence and may only be sued before the same courts. Legal actions arising from the package travel contract shall be time-barred after a period of two years. In any case, and with full respect for the provisions of the preceding paragraph, the organiser provides travellers with the following information so they may file complaints and claims or request information about the contracted trip: VIAJA DESCUBRE VIVE S.L., with registered office at Calle Henri Dunant 17, 28036 Madrid (España), Tax ID B72496045 and C.I.C.M.A No. 4369. Email: viajadescubrevivesl@gmail.com 14.- Data Protection As a result of the execution of the Contract, in its capacity as data controller, VIAJA DESCUBRE VIVE S.L. shall process the personal data provided by the traveller, ensuring compliance with applicable data protection regulations, in particular, Organic Law 3/2018 of 5 December on Data Protection and Guarantee of Digital Rights and REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR). MAIN PURPOSE: VIAJA DESCUBRE VIVE S.L. collects travellers' personal data in order to manage the requested services and maintain the contractual relationship. Additionally, personal data and data of service beneficiaries will be processed for internal administrative purposes. Other purposes: Personal data may be processed, with the traveller's prior consent, for sending information about events and commercial communications related to the organiser through available channels, including electronic means. LEGAL BASIS: The organiser shall process personal data and data of service beneficiaries necessary for the provision of contracted services, as well as for the preparation of budgets prior to formalising such contracting. The legal basis for this processing is contract performance. The organiser may process personal data, with prior authorisation, for sending information about events and commercial communications it considers of interest to the traveller. The legal basis for this processing is consent. RECIPIENTS: For the management of purposes inherent to the development and fulfilment of the contract object, it may be necessary and mandatory for service provision that data and data of service beneficiaries be communicated to different suppliers, such as airlines, hotels, shipping companies, and other service providers, who shall be obliged to use the data solely and exclusively to fulfil the contract object. These suppliers, depending on your trip destination country, may be located in third countries for which an international data transfer may be necessary. RIGHTS: Data subjects may exercise rights of access, rectification, erasure, objection, or any other data protection rights, by written request accompanied by a copy of their ID, addressed to: Data Protection Dept. – VIAJA DESCUBRE VIVE S.L., Calle Henri Dunant 17, 28036 Madrid (España). Email: viajadescubrevivesl@gmail.com 15.- Validity These General Terms and Conditions shall remain in force until replaced by new ones.