Royal Legislative Decree 1/2007 of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

Article 150. Scope of application.

1. This book will be applicable to the offer, hiring and execution of holidays, circuits and package tours defined in the following article.
2. The separate invoicing of several elements of the same package does not exempt the organizer or the retailer from complying with the obligations established by this Book.

Article 151. Definitions.

1. For the purposes of this book, it shall be understood as:

Combined trip: the previous combination of, at least, two of the elements indicated in the following paragraph, sold or offered for sale according to a global price, when said benefit exceeds 24 hours or includes one night’s stay.

The elements referred to in the previous paragraph are the following:

1. Other tourist services that are not transport or accommodation accessories and that constitute a significant part of the package.

Organizer: the individual or legal entity that organizes non-occasional package tours and sell or offer them for sale, directly or through a retailer.

Retailer: the natural or legal person that sells or offers for sale the combined trip proposed by an organizer.

Principal contractor: the natural or legal person who buys or agrees to buy the package.

Beneficiary: the natural person in whose name the principal contractor agrees to purchase the package trip.

Assignee: the natural person to whom the principal contractor or other beneficiary gives the combined trip.

Principal contractor: the individual or legal entity that buys or commits to buy the package trip

Consumer or user: any person in which the status of principal contractor, beneficiary or assignee is present.

Contract: the agreement that links the consumer with the organizer or the retailer.

2. For the purposes of the provisions of this Book, the organizer and the retailer must be considered a travel agency in accordance with administrative regulations.

• CHAPTER II.
  • PRECONTRACTUAL INFORMATION AND FORMALIZATION OF THE CONTRACT.
• Article 152. Combined travel program and offer.

1. The retailer or, where appropriate, the organizer must make available to consumers and users a program or information leaflet that contains in writing the corresponding offer on the package trip and that must include a clear, understandable and accurate information on the following extremes :

Destinations and means of transport, with mention of their characteristics and class.

Duration, itinerary and travel calendar.

List of accommodation establishments, indicating their type, location, category or level of comfort and their main characteristics, as well as their homologation and tourist classification in those countries where there is an official classification.

Information of a general nature on the conditions applicable to nationals of the Member States of the European Union regarding passports and visas, and the health formalities necessary for travel and stay.

Complete final price of the package trip, including taxes, and estimated price of optional excursions. In the case of additional expenses corresponding to the services included in the combined trip that the consumer must assume and that are not paid to the organizer or retailer, information about their existence and, if known, their amount.

The amount or percentage of the price that must be paid as an advance on the total price and the schedule for payment of the part of the price not covered by the disbursed advance, as well as the financing conditions that may be offered, as the case may be. .

If a minimum number of registrations is required for the realization of the combined trip, and in such case, the deadline for information to the consumer and user in case of cancellation.

Clauses applicable to possible liabilities, cancellations and other travel conditions.

Name and address of the organizer of the package trip and, if applicable, of its legal representation in Spain.

All additional and adequate information on the characteristics of the trip offered.

 

Article 153. Binding nature of the offer program.

The information contained in the program-offer will be binding for the organizer and the retailer of the combined trip, unless any of the following circumstances occur:

Changes in such information have been clearly communicated in writing to the consumer and user before the conclusion of the contract and such possibility has been expressly mentioned in the program-offer.

That modifications take place later, previous agreement in writing between the contracting parties.

 

Article 154. Form and content of the contract.

1. The combined travel contract must be formulated in writing and contain, among its clauses, depending on the characteristics of the offer in question, reference, at least, to the following elements:

The destination or destinations of the trip.

In case of splitting the stay, the different periods and their dates.

The means, characteristics and categories of transport that will be used.

The dates, times and places of departure and return.

In case the package includes accommodation, its situation, its tourist category and its main characteristics, as well as its homologation and tourist classification, in those countries where there is an official classification, and the number of meals served.

Minimum number of persons required, where appropriate, for the completion of the combined trip and, in such a case, the deadline for information to the consumer and user in case of cancellation, which must be made at least ten days before the scheduled date of the cancellation. initiation of the trip.

Itinerary.

The visits, excursions or other services included in the total agreed price of the combined trip.

The name and address of the organizer, the retailer and, if applicable, the insurer.

The price of the combined trip, disaggregating the management expenses, as well as an indication of any possible revision thereof, adjusted to the provisions of article 157, and of the possible duties and taxes corresponding to the contracted services, when they are not included in the price of the combined trip.

The cancellation expenses, if any and can be reasonably calculated in advance, duly itemized. If its amount could not be calculated reasonably in advance, the fact that such expenses may be passed on, provided that they have actually occurred.

Modalities of payment of the price and, as the case may be, schedule and financing conditions.

Any special request that the consumer and user has transmitted to the organizer or the retailer and that the latter has accepted.

The obligation of the consumer and user to report any breach in the execution of the contract, in writing or in any other way in which it is recorded, to the organizer or the retailer and, where appropriate, to the provider of the service in question.

The limitation period for the actions established in article 164, in which the consumer and user may submit their claims for the non-execution or deficient performance of the contract. The term in which the consumer and user may require the confirmation of their reservations.
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• The consumer and user will be informed, in advance of the conclusion of the contract, of the content of the contractual clauses and will receive a copy of it, once it has been formalized.
• The description of the package trip communicated by the retailer or, where appropriate, by the organizer to the consumer and user, as well as its price and all other conditions applicable to the contract must be truthful and verifiable in the terms established in articles 18 and 60 .

 

CHAPTER III.

OTHER CONSUMER AND USER RIGHTS.

Article 155. Assignment of the reservation.

1. The principal contractor or the beneficiary may freely assign their reservation in the package to a person who meets all the conditions required for the same.
2. The cession must be communicated in writing to the retailer or, where appropriate, to the organizer at least 15 days before the start date of the trip, unless the parties agree a shorter term in the contract.
3. The person who gives his reservation in the combined trip and the transferee will respond jointly, before the retailer or, where appropriate, the organizer that are part of the contract, the payment of the balance of the price, as well as the additional expenses justified that could have caused said assignment.

 

Article 156. Additional information about the contracted trip.

1. The retailers or, where appropriate, the organizers of combined trips must provide, in writing or in any other form in which it is recorded and with the necessary time before the start of the trip, to the consumers and users with whom they have hired, the Next information:

The schedules and places of the stopovers and links, as well as the indication of the category of the place that the traveler must occupy in the middle or means of transport that will be used.

The name, address and telephone number of the representation of the organizer or retailer in each destination or, failing that, those of the local organizations that can help the consumer and user in case of difficulties. When there are no such representations and organizations, the consumer and user must be able to have, in any case, an emergency phone number or any other information that allows you to contact the organizer or retailer.

For trips and stays of minors abroad, the information that allows to establish a direct contact with them or those responsible for their stay in situ during the trip.

Information, in accordance with the current legislation regulating private insurance, on the optional subscription of an insurance contract that covers the cancellation expenses for the consumer and user, or an assistance contract that covers the costs of repatriation or transfer to the place of origin, in case of accident, illness or death.

2. The information provided in the previous section must be provided no later than at the time of confirmation of reservations.

 

CHAPTER IV.

MODIFICATION OF THE CONTRACT.

 

Article 157. Price revision.

1. The prices established in the contract can not be revised, unless it explicitly establishes the possibility of revision, both upwards and downwards, and, for this purpose, the precise calculation methods are defined.
2. The revision will only take place to incorporate changes in the price of transport, including the cost of fuel, taxes and fees related to certain services and the exchange rates applied to organized travel.
3. The revision of prices on the rise made in the 20 days immediately prior to the departure date of the trip will be null.

 

Article 158. Modification of the contract.

1. In the event that, before the departure of the trip, the organizer is obliged to modify significantly any essential element of the contract, it must immediately inform the consumer and user.
2. In such case, and unless the parties agree otherwise in individually negotiated clauses, the consumer and user may choose to terminate the contract without penalty or accept a modification of the contract in which the variations introduced and their impact on the price are specified. .

 

The consumer and user must communicate the decision taken to the retailer or, where appropriate, the organizer within three days of being notified of the modification referred to in this article.

In the event that the consumer and user does not notify their decision in the terms indicated, it will be understood that they opt for the termination of the contract without any penalty.

TITLE II.

PROVISIONS CONCERNING THE RESOLUTION OF THE CONTRACT AND RESPONSIBILITIES.

CHAPTER I. RESOLUTION OF THE CONTRACT OR CANCELLATION.

Article 159. Termination of the contract for cause attributable to the organizer or cancellation of the trip.

1. In the event that the consumer and user choose to terminate the contract, under the provisions of paragraph 2 of the previous article, or that the organizer cancels the package trip before the agreed departure date, for any reason that does not is attributable to the consumer and user, the latter shall have the right, from the moment of termination of the contract, to the reimbursement of all amounts paid, according to the same, or to the performance of another combined trip of equivalent or superior quality provided that the organizer or retailer can propose it.

In the event that the trip offered was of inferior quality, the organizer or the retailer must reimburse the consumer and user, when appropriate, according to the amounts already paid, the difference in price, according to the contract.

In any case, the consumer and user may demand reimbursement of the amounts paid to the employer to whom he paid them, to be reintegrárselas under the terms and conditions laid down in Article 76. The calculation of the period, in this case, will start from the notification of the consumer and user of his option for the resolution or since the determining circumstances of the cancellation took place.

2. The same right foreseen in the previous number will correspond to the consumer and user who did not obtain confirmation of the reservation in the terms stipulated in the contract.
3. In the above cases, the organizer and the retailer will be responsible for payment to the consumer and user of the compensation that, where appropriate, corresponds to breach of the contract, which in no case may be less than 5% of the total price of the contracted trip, if the aforementioned breach occurs between two months and fifteen days immediately prior to the planned date of completion of the trip; 10% if it occurs between the fifteen and three days before, and 25% in the event that the aforementioned noncompliance occurs in the previous 48 hours.
4. There will be no obligation to compensate in the following cases:

When the cancellation is due to the fact that the number of people registered for the combined trip is lower than the required and thus communicated in writing to the consumer and user before the deadline set for this purpose in the contract, which will be at least 10 days of minimum advance to the scheduled date of initiation of the trip.

When the cancellation of the trip, except in cases of overbooking, is for reasons of force majeure, understood as those circumstances beyond who invokes abnormal and unforeseeable whose consequences could not have been avoided, despite having acted with the due diligence.

 

Article 160. Resolution of the contract by the consumer and user.

At all times the consumer and user may waive the requested services, being entitled to a refund of the amounts been paid, but must compensate the organizer or retailer in the amounts indicated below, unless such resolution has place due to force majeure:

It will pay management expenses, cancellation fees, if any, and a penalty consisting of 5% of the total amount of the trip, if the cancellation occurs more than ten and less than fifteen days before the start date of the trip. trip; 15% between days three and ten, and 25% within forty-eight hours before departure. Failure to show up at the exit, the consumer and user is obliged to pay the total amount of the trip, paying, where appropriate, the outstanding amounts unless otherwise agreed between the parties.

In the event that the combined trip is subject to special economic conditions of contract, such as freight of airplanes, ships or special rates, the cancellation expenses will be established according to the conditions agreed between the parties.

 

CHAPTER II. NON-COMPLIANCE, LIABILITY AND WARRANTIES.

Article 161. Consequences of the non-provision of services.

1. In the event that, after the departure of the trip, the organizer does not provide or verify that it can not provide an important part of the services provided in the contract, it will adopt the appropriate solutions for the continuation of the organized trip, without any price supplement. for the consumer and user, and, if applicable, will pay the latter the amount of the difference between the benefits provided and those provided. If the consumer and user continue the trip with the solutions given by the organizer, they will be considered to accept these proposals tacitly.
2. If the solutions adopted by the organizer are unfeasible or the consumer and user do not accept them for reasonable reasons, they must provide the latter, without any price supplement, with a means of transport equivalent to that used in the trip to return to the place of departure or any other that both have agreed, without prejudice to the compensation that may be appropriate.
3. In case of complaint, the retailer or, where appropriate, the organizer must work diligently to find the appropriate solutions.

 

Article 162. Responsibility of the organizers and retailers.

1. The organizers and retailers of combined trips will respond to the consumer and user, depending on the obligations that correspond to them for their respective field of management of the combined trip, of the correct fulfillment of the obligations derived from the contract, regardless of whether these should be execute themselves or other service providers, and without prejudice to the right of the organizers and retailers to act against said service providers.

The responsibility towards the consumer will be solidary of all entrepreneurs, whether they are organizers or retailers, jointly participate in the contract whatever their class and the relationships that exist between them, without prejudice to the right of repetition of whoever responds to the consumer and user in front of who is responsible for the breach or defective performance of the contract depending on their respective field of management of the package.

2. The organizers and retailers of combined trips will also respond to the damages suffered by the consumer and user as a consequence of the non-execution or deficient performance of the contract.

Said responsibility shall cease when any of the following circumstances occurs:

That the defects observed in the execution of the contract are attributable to the consumer and user.

That said defects are attributable to a third party unrelated to the provision of the services envisaged in the contract and that they are unpredictable or insurmountable.

That the aforementioned defects are due to reasons of force majeure, understanding as such those circumstances unrelated to the party invoking them, abnormal and unforeseeable whose consequences could not have been avoided, despite having acted with due diligence.

That the defects are due to an event that the retailer, or in his case, the organizer, despite having put all the necessary diligence, could not foresee or overcome.

In the cases of exclusion of responsibility for any of the circumstances provided in paragraphs b, c and d, the organizer and the retailer that are part of the contract will be obliged, nevertheless, to provide the necessary assistance to the consumer and user who is in difficulties.

3. The compensation of the damages resulting from the non-performance or poor execution of the benefits included in the combined trip will be limited in accordance with the provisions of the international conventions regulating said benefits.
4. No exceptions may be established by means of a contractual clause as provided in sections 1 and 2 of this article.

 

Article 163. Guarantee of contractual liability.

The organizers and retailers of combined trips will have the obligation to establish and maintain in permanent validity a bond in the terms that the competent Tourist Administration determines, to answer of the fulfillment of the obligations derived from the provision of their services in front of the contractors of a trip combined and, especially, the reimbursement of deposited funds and compensation for repatriation expenses in the event of insolvency or bankruptcy.

The bond will be affected to fulfill the obligations deriving from:

Firm resolution in court of economic responsibilities of the organizers and retailers derived from the action exercised by the consumer and end user.

Award issued by the consumer arbitration boards or by the institutional arbitration bodies created by legal regulations for a specific sector or case, subject to the voluntary submission of the parties.

If the bond is executed, it must be replaced within 15 days, until the initial totality of the same is covered again.

 

Article 164. Prescription of actions.

They will prescribe for two years the actions derived from the rights recognized in this book.

Article 165. Sanctioning regime.

The provisions of this Book do not apply to the system of infractions and sanctions provided in the first book, title IV, chapter II, subject to the specific legislation on the matter issued by the public administrations competent in the field of tourism.

FIRST TRANSITORY PROVISION. Commercial guarantee

1. The provisions of this standard regarding the additional commercial guarantee shall not apply to products put into circulation before September 11, 2003.
2. Notwithstanding the provisions of the preceding paragraph, in relation to goods of a lasting nature put into circulation before said date, the producer or, failing that, the seller must deliver to the consumer and user a guarantee, formalized in writing, in the that, as a minimum, the guarantee holder is assured:

The totally free repair of the vices or original defects and the damages and losses caused by them.

In the cases in which the repair was not satisfactory and the object did not have the optimal conditions to fulfill the intended use, the owner of the guarantee will be entitled to the replacement of the object acquired by another of identical characteristics or to the return of the price paid.

3. The guarantee document referred to in the previous section will have the following minimum content:

The objcet on which the garantee was subject.

The guarantor

The holder of the guarantee.

The rights of the holder of the guarantee.

The term of the guarantee, which in no case shall be less than 6 months from the date of delivery, except when the nature of the asset prevents it and without prejudice to the legal provisions or regulations for specific goods or services.

 

SECOND TRANSITIONAL PROVISION. Products of lasting nature.

As long as the products of a lasting nature are not specified by the Government, it will be understood that such products are those listed in annex II of Royal Decree 1507/2000, of September 1, updating the catalogs of products and services of use or common, ordinary and generalized consumption and of durable goods, for the purposes of the provisions, respectively, in articles 2, paragraph 2, and 11, sections 2 and 5, of the General Law for the Defense of Consumers and Users and concordant norms.

THIRD TRANSITORY PROVISION. Civil liability for damages caused by defective products put into circulation prior to July 8, 1994.

The rules of book three, title II, chapter I of this rule shall not apply to civil liability arising from damage caused by products put into circulation before July 8, 1994.

This responsibility will be governed by the rules of chapter II of the aforementioned title, with the following additional rules:

1. In general, and without prejudice to what is most favorable to the consumer and user, by virtue of other provisions or conventional agreements, the following criteria regarding liability shall apply:

The producer, supplier or supplier of products to consumers and users, responds to the origin, identity and suitability of them, according to their nature and purpose and the rules that regulate them.

In the case of bulk products, the holder responds, notwithstanding that the responsibility of the previous holder, supplier or supplier can be identified and proven.

In the case of packaged products, labeled and closed with full closure, the signature or company name that appears on its label, presentation or advertising responds. You can exempt yourself from that responsibility by proving your forgery or incorrect manipulation by third parties, who will be responsible.

2. In any case, the liability regime foreseen in article 148 will apply to food products, hygiene, cleaning, cosmetics, specialties or pharmaceutical products, gas, electricity, motor vehicles, toys and products aimed at children.
3. If several people come to the production of damages, they will be jointly and severally liable to the injured parties. Whoever will pay the injured party will have the right to repeat the other responsible, according to their participation in the causation of the damage.

 

FIRST FINAL PROVISION. Modification of amounts.

The Government is authorized to modify the amounts established in this regulation. The amounts of articles 51 and 148 will be modified taking into account the variation of the consumer price indexes and the ones foreseen in article 141 to adapt them to the periodic reviews of the community regulations.