GENERAL TERMS AND CONDITIONS FOR THE USE OF THIS SITE2018-10-26T18:21:59+00:00

General Terms and Conditions

The prices contained in this website are valid, unless there is a possible typing error.

When you book any of the trips included in the present website, you fully accept these general terms and conditions. They will be included into all of the contracts regarding said trip automatically. These terms bind the parties and jointly with the specific conditions that are agreed upon or that are included in the travel documentation is the definitive contract. Due to the fact that website has been published in advance, any possible additional information and/or changes or amendments will be communicated to the Client via the specific documentation regarding each trip and will be an integral part of the content of the contract.

1. The present General Terms and Conditions fulfil that established in Royal Legislative Decree 1/2007, dated 16th of November, of the amended text regarding the General Law for Consumer and User Protection and other complementary laws, (Spanish Official Gazette – BOE 287, dated 30th of November of 2007), and other regulations in force.

The contractual relationship between the Organiser and the Client is ruled by the present general terms and conditions, by the specific conditions that are agreed upon in the travel contract and by the technical information of the trip that contains the definitive details.

2. The Organisation of the trips included in the present website has been carried out by Associaçao Guine-Bissau Orango, with Spanish Tax Company number G85768323 and registered address in c/ Gustavo Fernández Balbuena, 2, Entreplanta, Oficina A, 28002 MADRID.

3. Booking request and confirmation.

3.1. The Client who wishes to book a trip must carry out a booking request. When this request is made, the Organiser can ask the Client to carry out a deposit equal to 25% of the total amount of the trip in the 48 hours following the request in the bank account number indicated in the booking. In the event of telephone or mail confirmation, the Client will request a booking number and the deposit that has to be carried out must include the Client’s name. Once the booking has been confirmed the deposit provided will be deducted from the trip price. If the Client withdraws from the booking request before confirmation, the deposited amount will be returned with a deduction of any management expenses that may have arisen.

3.2. The travel contract is completed when confirmation of the booking is provided. If the Organiser cannot offer the requested trip and offers the Client a similar o different trip, the contract will be completed if the Client accepts the change within 48 hours. In the event that this change is not accepted, the deposit will be returned to the Client.

3.3. These conditions will also be applicable when the Client requests a tailor-made trip.

4. Terms of Payment.

The rest of the amount must be paid when the travel documentation is issued, which will be carried out 15 days before departure (travel vouchers etc.). If the total price of the trip is not paid within these terms, it shall be presumed that the Client withdraws from the requested trip. In this event the conditions established in clause 7 will be applicable. All reimbursements that may be applicable due to any concept, will be carried out via the Retail Travel Agency where the booking has been carried out, in the event that it has not be booked directly with the Organiser. There will be no reimbursement for services that the Client has not voluntarily used.

5. Price. The price of the trip has been calculated on the basis of exchange rates, transport rates, cost of fuel and duties and taxes applicable at the date of the web edition. Any variation in the price of said components will modify the final price of the trip. This price will only be increased with the variation suffered by the components mentioned. These amendments will be notified to the Client with at least 20 days notice before departure. When the variation is significant, the Client can withdraw form the trip, without penalty or accept the amendment to the contract. Prices are always per person on the basis of a double room.

5.1. The price of the trip includes:

1. Accommodation, when this service is included in the programme/offer booked, in the hotel establishment and with the corresponding board that is included in the contract or the documentation that is presented to the Client when the contract is completed.

2. Transport in Guinea-Bissau that is included in the programme/offer.

3. Duties or taxes of hotels and indirect taxes, when they are applicable.

4. Technical assistance during the trip, when this service is specifically included in the programme/offer.

5. All other services and supplements that are specified in the programmed booked are those that are expressly stated in the travel contract.

6. Should the Organiser deem it necessary, a chaperone will be sent with the groups. This chaperone will take care of all formalities and other procedures. This chaperone will not be a guide unless it is otherwise expressly stated.

5.2. Special Offers: When a trip is booked due to special, last minute or equivalent offers at a different price than that included in the web, the services included in the price are only those that are detailed in the offer, even when said offer refers to any of the programmes described in the website, whenever said referral is carried out exclusively for general information purposes of the destination.

5.3. The price of the trip does not include flights, visas, airport charges and/or entry and departure rates, vaccination certificates, “extras” such as coffee, wine, alcohol, mineral water and special food diets in both the half and full board options, unless it is expressly stated in the contract, washing and ironing clothes, optional hotel services and, generally, any other service that is not expressly in the section “The price of the trip includes” or that is not specifically detailed in the programme/offer, in the contract or in the documentation provided to the Client upon completion.

5.4. Optional excursions or tours. In the event of optional excursions or tours that have not been booked at the place of origin we inform the Client that they are not a part of the travel contract. Their inclusion in our web has a merely informative nature. Due to this, it is possible that when they are booked at the place of destination there are variations to the costs, which alter the estimated price. At the same time, these excursions will be offered to the Client independently, with their specific conditions and definitive price and we cannot guarantee that at the moment they are booked that it will be possible to carry them out.

5.5. Tips. Tips are not included in the price of the trip. The Organisation informs the Client that in some destinations tipping is obligatory.

6. Outline of services.

The services provided are specified in each trip and in the additional information provided. In the event of a modification of the circuits, before departure, the Organiser will include the services that are included and that are not included in the informative dossier. All services that are not included in the “included” section will be “not included”.

6.1. Hotels. The quality and content of the services provided by the hotel is generally determined by the official tourist category issued by the competent body of the corresponding country. Due to the fact that this body does not exist in Guinea Bissau, the Organiser undertakes to use the best option available at each destination, taking into account the limitations of this tourist destination. The normal timetable to enter and depart the hotels depends on the first and last service that the Client is going to use. As a general rule, unless otherwise stated, the Client can enter the room from 2 pm on the date of arrival and must leave the room before 12 am on the date of departure. Notwithstanding the above, the room will be available the corresponding night of arrival, therefore if due to circumstances of the trip, the time of entry is later than initially foreseen, it will be understood that the accommodation service has been provided.

6.2. Other Services. The characteristics of the buses may vary depending on the number of participants in the circuits. In Guinea Bissau it is usual to use a minibus, an all terrain vehicle or a van that, unless otherwise stated, do not have reclining seats. At the same time in the description of each circuit there is an indication regarding whether the vehicle has air conditioning. If nothing is mentioned it means that it does not have air conditioning. Transport through natural reserves, to carry out photographic safaris, is carried out in 4 x4 all terrain vehicles that are country-specific. Regarding all of the above mentioned vehicles, the design, structure, comfort and security might not adapt to Spanish standards and regulations but to the standards of the country of the travel destination.

6.3. Additional Services. When Clients request additional services that cannot be confirmed definitely by the Organiser, the Client can decide to definitively withdraw from the additional service requested or maintain the request in the hope that these service can finally be provided. In the event that the parties had agreed upon prior payment of additional services that finally cannot be rendered, the price paid will be reimbursed by the Retail Agency immediately after withdrawal of the service by the Client or upon return from the trip, depending if the Client has decided to withdraw from the additional service requested or has maintained said request.

6.4. Circuits. The Organiser informs the Client that in the circuits detailed in the website, the accommodation service will be provided in one of the hotels detailed therein or in one of the same category and in the same zone and at the same time the circuit’s itinerary can be developed according to the options described in the programme/offer. In the above-mentioned cases, if the Client accepts this formula prior to the completion of the contract this lack of definition will not be an amendment to that contract. In any event the reference hotel for the National Orango Park visit for all circuits is the Orango Parque Hotel.

6.5. Special conditions for minors. Due to the diverse treatment applied to minors, depending on their age, service provider and date of trip, it is always recommended that the Client consult the scope of the existing special conditions and that will be the object of specific detailed information and will be collected in the contract or in the travel documentation provided at the moment of signature. In general, and regarding accommodation, they will always be applicable whenever the child shares a room with two adults. Children under the age of 12 will be considered so for minors pricing policy. The information provided occasionally for each case and that established in the contract or in the travel documentation provided upon signature of the contract will be applied regarding minors’ stay abroad.

7. Client withdrawal. The Client can withdraw from the requested or booked services at all times and has the right to reimbursement of amounts paid. However the Client must compensate the Organiser for the following: a) In the event of individual services, all of the management fees, plus cancellation fees, if the latter have arisen; b) In the event of trips and unless withdrawal is produced by force majeure:

1. Management fees plus cancellation fees, should there be any.

2. A penalty consisting of 5% of the total amount of the trip if withdrawal is carried out with more than 10 days but less than 15 days before the date of departure; 15% between 3 and 10 days and 25% within 48 hours before departure. If the Client does not show up at the foreseen hour for departure, the Client will not be reimbursed for any amount paid, unless there is agreement to the contrary. In the event that any of the services booked and cancelled were subject to special economic conditions such as ships, special rates etc., the cancellation expenses due to withdrawal will be established in accordance to the conditions agreed upon by the parties.

8. Transfer of the booking. The Client can transfer the booking to a third party when it requests this transfer in writing with a minimum notice of 15 days before the start of the trip, unless the parties agree to a lower period in the contract. The transferee will have to fulfil the same conditions as the transferor required generally for the trip and both of them will be jointly and severally liable to the Organiser for payment of the price of the trip and for the additional justified expenses of said transfer.

9. Amendment of the contract. The Organiser undertakes to provide its Clients with all of the services books included in the programme/offer that has given rise to the travel contract, with the terms and conditions established. Therefore before the start of the trip it can only carry out the amendments that are necessary and that do not alter the main objective of the trip.

If before departure, the Organiser has to significantly amend any essential element of the contract included in the price, it must immediately notify the Client, either directly, when it also acts as the retailer, or via the corresponding Retail Travel Agency in the rest of the cases. In such an event, and unless the parties agree on the contrary, the Client can decide to terminate the contract without any type of penalty or accept an amendment to the contract. The variations introduced and the type of repercussion they have on the price will be included in the contract. The Client must communicate the decision adopted to the Retail Travel Agency, or where necessary, to the Organiser in the three days following the notice of amendment. If the Client does not notify the Organiser of its decision according to the terms set forth herein, it will be understood that the Client has decided to terminate the contract without penalty.

In the event that the decision is to terminate the contract, the Client has a right to the reimbursement of all of the amounts paid, in the maximum period of one month, or the Client can decide to carry out another trip of a similar or superior quality, provided that the Organiser or the Retail Travel Agency can offer this. If the trip offered if of an inferior quality, the Organiser or the Retail Travel Agency must reimburse the Client, where necessary, the difference in price and depending of the amounts already paid, in accordance with the contract.

10. Cancellation of the trip by the Organiser. Cancellation of the trip by the Organiser before the departure date, due to no fault of the Client, gives the Client the right to terminate the contract in the terms established in clause 9. The Organiser and the Retail Travel Agency will be liable for compensation due, should it arise, from breach of contract, which will be 5% of the total price of the booked trip in the event breach occurs between two months and 15 days before departure; 10% in the event it occurs between 15 days and 3 days before departure, and 25% in the event that said breach occurs 48 hours before departure.

There is no obligation to pay compensation in the following cases:

1. When the reason for cancellation is that the amount of people registered in the trip is lower than that required and it is communicated to the Client before the limit date established to that effect in the contract. If there is no limit date established it must be carried out with a minimum 10-day notice before departure.

2. When cancellation, except in the event of excess booking, is due to force majeure. This means all of those abnormal and unforeseeable circumstances which are beyond the Organiser’s control, whose consequences could not have been avoided, even when acting with due diligence.

11. Failure to provide services. If during the course of the trip, the Client finds any defects or a service booked is not provided, the Client must immediately inform the Organiser and/or the Retail Travel Agency and especially the provider of the service. In this case, once it has been communicated, the Organiser and/or the Retail Travel Agency must act with due diligence to find an adequate solution.

In the event that, once departed, the Organiser does not provide or realises that it cannot provide an important amount of the services established in the contract, it will adopt the adequate solutions so that the organised trip continues without any additional costs to the Client and, where appropriate, will reimburse the Client with the difference of amounts between the foreseen services and those effectively provided. If the Client continues the trip with the solutions provided by the Organiser it will be understood that the solutions provided are accepted tacitly. If the solutions adopted by the Organiser are not viable or if the Client does not accept them due to reasonable motives, the former must provide the latter, at no extra cost, an equivalent means of transport to that used during the trip to return to the point of departure or any other place that has been agreed upon, notwithstanding the corresponding compensation.

The Organiser will not be liable for all of that which is not included in the travel contract (i.e. transport from the place of origin to the departure point or vice versa, hotel reservations for days prior or subsequent to the trip, etc.) and will not provide any form of compensation for those possible expenses related to independent services. If the transfer/assistance from the airport to the hotel or vice versa or other similar services, included in the offer, are not fulfilled, due to reasons beyond the control of the transport services and for which the Organiser is not responsible, the latter will reimburse the Client for alternative means of transport used. Previously, the Client must have provided the Organiser with the corresponding receipt or invoice.

12. Liability.

The Organiser and the Retail Travel Agency will be liable to the Client, depending on the part of the package that they are responsible for, of the proper fulfilment of the obligations derived form the contract, regardless of the fact that they should have been executed by themselves or by a third party service provider, notwithstanding the right of the Organisers and the Retailers to take action against said third parties. The Organiser states that it assumes the organisation and execution functions of the trip. The Organisers and the Retailers of package tours will be liable for the harm and damages suffered by the Client as a consequence of non-execution or defective execution of the contract. This liability shall cease if any of the following circumstances arise:

1. That the defects in the execution of the contract are attributable to the Client.

2. That said defects are attributable to a third party not included in the rendering of the services established in the contract and they are unforeseeable or insurmountable.

3. When the defects mentioned are due to force majeure meaning all of those abnormal and unforeseeable circumstances which are beyond our control, whose consequences could not have been avoided, even when acting with due diligence.

4. That the defects are due to an event that the Retailer, or, where necessary, the Organiser could not have foreseen or avoided even though they have acted diligently.

Notwithstanding the above, in the events of liability exclusion due to any circumstances established in numbers 2, 3 and 4, the Organiser and the Retailer that have participated in the trip will be obliged to provide the Client in difficulty with the necessary assistance.

The limitations established in International Conventions will be applied to the compensation due to damages arising from the breach or defective execution of the services included in the trip Regarding damages, other than personal injury, they must always be proven by the Client.

In no event will the agency be liable for accommodation, food, transport and other expenses that arise due to force majeure. In the event of an accident that occurs in any country when the trip is carried out by buses, vans or similar vehicles, rented directly or indirectly by the Organiser, the Client must present the corresponding claim to the transport company, to safeguard, where necessary, compensation from the said transporting company’s insurance company. The organising agency will help and advise the Client for these proceedings, free of charge.

13. Client’s obligation to limit damages. The Client is bound to take all measures that are necessary and/or adequate to try to limit damages that may derive from the non-execution or defective execution of the contract to avoid aggravation. Damages that arise from non-adoption of said measures will be the sole responsibility of the Client.

14. Passports, visas and documents.

The Organiser will inform the Client about the health formalities required for travel and accommodation as well as the conditions applicable to citizens of the European Union regarding passports and visas.

Without exception, all travellers (children included), must carry their current personal and family documentation (identity card, passport, visa and documentation regarding health formalities), in accordance with the legislation of the country or the countries that are going to be visited or that you pass by in transit. The Client must obtain visas, passports, vaccination certificates etc., when the trip requires this. The Associaçao Guine-Bissau Orango is not liable in the event that a visa is rejected by any issuing Authority due to the Client’s own particulars, or when the Client is denied admission into a country because of a lack of the requested requirements, or due to defects in the required documentation or because the Client is not carrying it. The Client will bear all and any expense that arises out of any of these circumstances detailed and in the event any of these cases, the terms and conditions for cases of voluntary withdrawal will be applied.

The Organisation also reminds Clients, especially those who do not have Spanish nationality, that before departure they must check that they fulfil all rules and requirements that are applicable to visas to be able to enter all countries that they will visit without any problems, including those countries they transit through.

Minors under 18 must carry written consent from parents, the custodial parent or the tutor, in the event that any authority may request it.

15. Information that the Retail Travel Agency provides the Client. The Organisation informs the Client that upon completion of the contract the latter must request that the Retail Travel Agency provide all required information regarding the specific documentation that is necessary for the trip booked. They must also provide the Client with advice regarding the possibility of booking travel insurance that covers cancellation charges and/or travel assistance insurance that covers repatriation expenses in the event of accident, illness or death and information regarding the probable risks of the travel destination the Client has booked, in fulfilment of Royal Legislative Decree 1/2007, dated 16th of November, of the amended text regarding the General Law for Consumer and User Protection and other complementary laws. Notwithstanding the above, it is recommended that the Client contacst the Ministry of Foreign Affairs whose information office provides specific recommendations depending on the destination. The website of the Spanish Ministry of Foreign Affairs is www.mae.es.

16. Special insurance included. Whenever the booking is carried out at least a week in advance, basic travel insurance is included.

17. Other complementary information.

1. Luggage. To all effects and when travelling by land it will be understood that the Client will keep luggage and the rest of personal belongings at hand, regardless of the place that they are stored in the vehicle and they are transported at the Client’s own risk and on the Client’s behalf. It is recommend to always be present when luggage is loaded and unloaded. The conditions of transporting companies are applied to luggage regarding air, rail, sea and river transport. The tickets are the documents that bind the transport company and the Client. In the event that the Client’s luggage suffers any damage or loss the corresponding claim must be presented immediately to the company that has transported the luggage. The Organisers undertake to provide the necessary assistance to Clients who may be affected by any of these circumstances.

2. When the Client is going to carry out special activities that have supplementary risks that are not included in the established insurance, the Organiser does not accept any liability and recommends that the Client take out individual licenses with the corresponding association or specific insurance to carry out the activity.

3. The photographs and maps that are included in the website are destined solely to provide the Client with further information. In the event that there is any modification to the hotels it cannot be considered misleading advertising.

4. The Organiser will not be liable for a change in the hotel addresses contained in the website subsequent to its publication nor will it be liable for any repercussions that these changes might entail (name, services, hotel rating etc.). The Client will immediately be informed of these changes.

18. On occasion the authorities of some countries unilaterally increase the amount regarding entry or departure rates or tours that were already included in the initial budget. If these differences occur the Client will directly pay them.

19. Complaints. The Client has the right to present a formal written complaint to the Organiser within 30 days of the end of the trip, due to non-execution or defective execution of the contract. The Retail Travel Agency or the Organiser, depending on the case, will have a period of 30 days to provide an answer to the formal complaint presented by the Client. This period begins on the day following presentation of the claim to the retail travel agency or the Organiser.

20. Limitation periods. Notwithstanding the above, the limitation period for exercising the rights established in Royal Legislative Decree 1/2007, dated 16th of November, of the amended text regarding the General Law for Consumer and User Protoction and toher complementary laws (Spanish Official Gazette – BOE 287, dated 30th of November of 2007), will be of two years as is established in article 164 of the law mentioned.

21. Arbitration clause. The Organiser expressly states that any and all matters arising form the existence of the present contract will not be submitted to the Transport Arbitration Tribunals.

22. Jurisdiction. The parties expressly submit to the courts and tribunals in Madrid to resolve all discrepancies or claims that arise from the interpretation or the execution of the travel contract, renouncing to their own jurisdiction in the event it be different to the one stated herein.

23. Data Protection. In accordance with Organic Law 15/1999, dated 13th of December, regarding Personal Data Protection, the Organiser informs the Client that the personal data provided is included in the files owned by ASSOCIAÇAO GUINE-BISSAU ORANGO to expedite the administrative and accounting operations that need to be carried out and the management of the tourist services included in the present contract.

At the same time it informs the Client that data will be communicated to the suppliers of the services contracted to be able to proceed to book accommodation and means of transport, insurance etc.

In the event that the personal data provided belongs to third parties we request that the person in charge of booking informs them of the content of the present clause with the aim of fulfilling the articles regarding information rights established in the Personal Data Protection Law.

The person to whom the personal data belongs will be able to exercise the right of access, amendment, opposition and cancellation of said personal data by means of written notice sent to ASSOCIAÇAO GUINE-BISSAU ORANGO, Gustavo Fernández Balbuena, 2 – Madrid (Spain).

The notice must contain the following information: Name and surname of the owner of the data, address for notification purposes, a photocopy of passport/identity card and specific request.

24. Validity. This website is valid from the 1st of July of 2015 to the 1st of April of 2016.

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