GENERAL TERMS AND CONDITIONS
The prices of this catalogue or website are valid, except for a possible typing or printing error there might be.
All the routes offered in here show the place of departure and the place of arrival of the tour. The possibility of connections from other cities depends on the availability of seats and the criteria of the transport company. Such possibility shall not be confirmed until the reservation is confirmed.
This communication channel (catalogue or website) shows the duration, the description, the price, the supplements, the minimal group whenever the trip requires it and the services included in the tour. Because it is published early and due to the limited availability, the complementary information and the possible modifications (if there were any) shall be reflected in the package tour contract or, otherwise, in the pro forma invoice that shall be delivered to the client with the general terms, which would act as a final contract. In order to interpret, apply or claim them, both the passenger and the organising agency shall submit themselves specifically to the Consumer Protection Federal Agency of Mexico (PROFECO), waiving any other jurisdiction.
The technical organisation of the trips included in the programme corresponds to the Viajes que Iluminan S.A. de C.V. tour operator, with license number 04301930071 and registered office in Boca del Río, Veracruz.
Terms of the Contract
Booking any of the trips included in this website involves the full acceptance of these general terms, which are considered automatically added to the contract; there is no need to transcribe them.
At the time of the registration, 50% of the full price of the trip must be paid; no space shall be considered reserved until such amount is paid. The remaining 50% shall be paid 30 natural days before the date of departure, at least. Otherwise, we shall consider that the client waives the reservation voluntarily, which shall imply cancellation fees. The percentage of the deposit needed to carry out the registration may vary according to the terms and conditions of each supplier; therefore, it might be more or less according to the terms. Such percentage shall be notified at the time of the reservation. In the event that a person registers others, this person assumes the full content of these general terms on their behalf.
Prices are calculated according to exchange rates, transport rates, fuel expenses, as well as fees and taxes applicable at this date. Prices may be revised up to 20 days before the date of departure, both upwards and downwards, in order to add the variations in the price of the transports, including the cost of the fuel, fees and taxes related to some of the services, or due to the fluctuation in the exchange rate of the currency applied to the organised trip. These modifications shall be notified in writing to the consumer.
When the travel agency is forced to modify significantly and upwards the price of the package tour due to other reasons unlike the ones mentioned in the previous paragraph, it shall notify the consumer as soon as possible (in writing or through any other mean that will allow to keep proof of the communication), so the consumer can choose to accept the supplement or withdraw the reservation or the contract (if it has been formalised).
The included services are those specified in each trip and in the accessory information provided. If the route is modified before the departure, the services included and not included shall be those mentioned in the contract of the package tour or, otherwise, in the pro forma invoice. Any other service not specified as «included» shall be considered as «not included».
The agency shall inform about the official documents needed to carry out the trip; however, both the formalisation of the required documents and the completion of the health measures for each country shall be the sole and exclusive responsibility of the client. In those cases in which the organising agency takes care of processing the visas, the price of such paperwork shall be separate from the price of the visa and the price of the trip, and the loss or delay of the documents due to the mail service shall not be the organising agency’s responsibility.
The organising agency and the selling agency shall not be responsible for the incidences related to the luggage and the personal effects of their clients. They shall transport it at their own risk.
We recommend all the clients to be present whenever their luggage is loaded and unloaded.
In air and ground transportation, the luggage allowed by the passenger shall be established by each company.
In both cases, the penalty or inconveniences that exceeding the allowed weight might bring shall be the client’s responsibility, and never the responsibility of the organising agency or its representative at the destination.
The organising agency shall not contract any responsibility for the loss or damage that the luggage might suffer when being carried by other means hired by the client, during the development of hiking trips or expeditions.
As for air, sea or river transportation, the terms of the transport companies are applied, and the ticket shall be the only binding contract between the mentioned companies and the passenger. In the event of any delay, loss or damage of your luggage, we recommend presenting the corresponding complaint before the transport company right away (before you leave the airport or harbour.
Showing up for the departure
We recommend showing up for boarding at the airport two hours before the departure of the flight. Passengers shall reconfirm the following details with this travelling agency within the 48 hours before the scheduled departure: the meeting point, the date, the schedule and the flight number.
If such details were not reconfirmed, the agency shall decline any responsibility regarding any alteration related to the information provided earlier (offers, cruises, cheap air fares, minimum groups…), and the cancellation expenses shall be those demanded by the corresponding suppliers.
Waiver of the client
If the client gives up the trip after the formalisation of, at least, the deposit demanded to confirm the reservation, he/she shall compensate the travel agency with the payment of the management fees (caused to the selling agency), the justified cancellation fees (caused to the organising agency and the tourism suppliers) and a penalty involving:
- Cancellation between 30 and 15 calendar days before the beginning of the trip: 30% of the full amount of the trip
- Between 14 and 5 calendar days before the date: 70% of the full amount
- Between the 4 calendar days before the date and until the beginning: 100% of the full amount
The previous penalties and compensations shall not be applied when the client subrogates his/her spot to someone else, as long as the suppliers of the services allow it and it is modified at least 5 calendar days before the date of departure. In that case, the agency shall be compensated with 5% of the full amount of the trip, as well as the fees caused by the substitution.
Modification of the trip by the organiser
When the organiser is forced to modify significantly the essential elements of the contract for the package tour after it has been perfected and before the date of departure, it shall notify the client in writing as soon as possible, so he/she can choose between cancelling the reservation or the contract, with the right to a full reimbursement of the amounts paid, or accepting the consequences of the modification of the initial trip.
If the client does not communicate in writing his/her decision in the three working days after the notice, it shall be understood that he/she chooses the cancellation of the reservation or contract.
Force majeure cases (external, unusual and unpredictable circumstances) and cases in which there is not enough people to carry out the trip shall be considered enough for its modification. When such circumstances concur, there shall be no reason for any compensation.
In the event of a client choosing to cancel the contract according to the previous paragraphs, or the organising agency finally deciding to cancel the trip, the consumer shall choose between the full reimbursement of the amounts that have been paid or, if the organising agency is able to offer it, another package tour with equal or higher quality. If the trip offered had lower quality, the organising agency shall reimburse the price difference to the client.
If a significant part of the hired services are not or could not be supplied during the trip, the organising agency shall take the appropriate measures to continue the trip without any price supplement for the client and, if appropriate, it shall reimburse the difference between the planned and supplied services. If the solutions were unviable or the client did not accept them for valid reasons, the organiser shall provide transport for the client to be able to return to the place of origin and, if appropriate, it shall compensate the consumer.
Any service that is not provided shall be reimbursed at the end of the trip, after presenting the corresponding receipt, issued by the person or entity in charge.
There shall be no reimbursement for services that the client chooses voluntarily not to use, no matter the reasons. In the trips hired with sail and/or engine boats, the captain or master in charge keeps the right to change or alter destinations, routes or stays at harbours, according to the weather conditions, after informing the clients and looking out for their safety. The client shall not have the right to make a complaint and/or demand any compensation.
The organising agency shall be able to cancel those trips that depend on a minimum amount of participants, when such amount is not reached. Such cancellation shall be communicated to the clients that have signed up, at least ten calendar days before the expected date of departure. In such case, the client shall have the right to be reimbursed for the amounts paid for the trip, but shall have no right to any compensation.
The organising agency keeps the right to accept or expel those people that, according to its objective opinion, do not fulfil the necessary requirements to carry out the trip or people who complicate the good progress of the trip and the harmony in the coexistence of the group with their behaviour.
Route changes and hotels during the trip
The final route detailed in the programme and in the fact sheet might have changes. The CLIENT specifically accepts the in situ changes that the organising agency might make for the good development of the trip and due to justified reasons. Changes made because of weather circumstances, unexpected impositions of the suppliers to the area or the limited local infrastructure shall be specifically accepted, as long as it does not involve the failure to provide any of the services included in the hired package tour.
The CLIENT also accepts the in situ change of hotel, as long as the new one has the same category or equal or better features than the one established in the initial route. In the event that the clients must be accommodated in a hotel with a lower category than the one hired, the agency shall reimburse them the price difference at their arrival, if there was a difference.
The organising agency has to take responsibility for the consequences derived from the poor execution of the contract or the lack of it in relation to its intervention in the management of the package tour.
However, it shall be exempt from such liability when it is due to a case of force majeure (external, unusual and unpredictable circumstance), due to an event that neither the organising agency nor the suppliers have been able to prevent, or when the cause can be attributed to the client or a third party.
The client is forced to communicate to the organising agency, as soon as possible and in writing, any lack of compliance in the execution of the contract that has been verified in situ.
In group trips, the modification of the initial contract can be accepted, as long as the change of the route or the substitution of the services are justified by weather circumstances, unexpected impositions by the suppliers in the area or due to the limited local infrastructure. Any other change in the route must be approved by the group and specifically accepted by the agency.
Limitation of liability due to overbooking, cancellation or great delay
When the airline cancels a flight or it suffers a great delay, it shall provide the necessary assistance and attention to the affected passenger, assuming the expenses derived from meals, calls, transportation or accommodation, if needed, according to the provisions of Regulation CEE 261/04 or the Civil Aviation Law, which establishes the common rules regarding compensation and assistance for air passengers in case they are denied boarding, or the flights are cancelled or have a great delay. If the flight is cancelled, it shall also be forced to pay the corresponding compensation to the passenger, as well as to reimburse the price of the plane ticket, if the passenger chooses that option. If the cancellation were due to extraordinary reasons that could not be prevented, even if all reasonable measures would have been taken, the air carrier in charge of the flight shall not be forced to pay the compensations, but shall provide the necessary assistance and attention to the affected passengers and reimburse the price of the ticket, if they choose such option.
When the lack of flight connections forces the passenger to spend the night or wait for a long time, even due to the time differences between the participating airlines, the expenses derived from it, both the accommodation and the meals and transportation, shall be paid by the airline that caused the overbooking, the cancellation or the delay, according to the provisions of Regulation CEE 261/04 or the Civil Aviation Law, which establishes the common rules on compensation and assistance to air passengers, if they are denied boarding, or the flights are cancelled or have a great delay.
The CLIENT has been informed about the peculiar features of the alternative trip he/she has purchased and, specially, about the weather conditions of the country he/she is travelling to, about the limitations of the local professionals and about the differences between the road, air and hotel infrastructures of the place and the conventional standards of western countries.
The final route detailed in the fact sheet is illustrative. The CLIENT specifically accepts the in situ modifications of the route that the AGENCY might make due to weather reasons, unexpected impositions by the suppliers in the area or due to the limited local infrastructure, as long as it does not involve the failure to provide any of the services included in the hired package tour.
The CLIENT also accepts the change of accommodation that takes place in situ, as long as the new one has the same or better category or characteristics than the one established in the initial route.
Period of validity
These clauses of the general terms have been written on the 1st of January, 2015, and their period of validity is indefinite.