TERMS & CONDITIONS
La Ruta de Don Federico (hereinafter referred to as “the Operator”) is a travel web portal located in Edinburgh in the United Kingdom that operates and provides hosted trips in Spain. Customers are hereinafter referred to as “traveller(s)”, or “lead traveller”.
Please read these terms and conditions carefully. These conditions, along with any other information given to you at the time of booking, set out the terms and conditions of the contract between you and the Operator.
Once the Operator confirms your booking, a contract is made between you and the Operator under the terms and conditions set out below. Your statutory rights are not affected. In a booking with more than one traveller the lead traveller will be deemed to have accepted the terms and conditions on behalf of all travellers within the booking (“the party”). The lead traveller is the traveller who makes the booking on behalf of all travellers in a multi-traveller booking (the party). Within these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added at a later date).
1. BOOKING / ACCEPTANCE
1.1 The Operator accepts a booking on the understanding that a deposit or full payment has been collected and held by the Operator directly or by an authorised agent on the Operator’s behalf. Bookings made via the Operator’s own website are considered as made with the Operator directly.
1.2 On confirmation of your booking, subject to availability and at the Operator’s discretion, the Operator will reserve your place(s) on your selected product(s) “tour(s)” or “wine experience(s)”. It is your (or on bookings involving more than one person, the “lead traveller’s”) responsibility, as the customer, to check the accuracy of your booking including your travel dates. A contract is only made between you and the Operator upon your booking being confirmed and accepted through written communication thereof to either you or your authorised lead traveller (hereinafter referred to as “confirmation”).
1.3 On confirmation of your booking, a Booking Statement will be sent to either you or your the lead traveller of your party. On receipt of deposits or part payments for bookings, a Statement of Payment Receipt indicating the amount paid and balance due will be sent, for bookings where only a deposit or lesser amount has been paid. On receipt of final or full payments for bookings, a Statement of Payment In Full indicating the amount paid will be sent, for bookings where the full amount has been made.
1.4 In order to reserve your tour: a minimum deposit of 15% is required at time of booking or upon request thereafter by the Operator. If the booking is made within 30 days of the nominated departure date the full amount payable must be made at the time of booking. The deposit is accepted as a first instalment of the total tour price by the Operator only once the booking has been confirmed in writing by the Operator. The outstanding balance of the tour price must be paid by no later than 30 days prior to the scheduled, nominated or confirmed tour departure date or the payment date specified in any promotion, which shall be by the due date stated on the confirmation issued to you. Whilst every endeavour will be made to remind you of the payment due dates, it is your responsibility to make this payment in full by the due date. If payment is not made to the Operator by the due date, the Operator reserves the right to assume that you have cancelled your tour and cancellation charges in accordance with clause 3 below will be levied by the Operator Booking Statements confirming ‘Payment in Full’ will not be issued until full payment has been received by the Operator. Deposit option is not available on any trip where full payment is advised as required at the time of booking.
1.5 In the case of bookings made within 30 days of tour departure, the full cost of the tour will be payable immediately at time of booking.
1.6 The Operator reserves the right to cancel the booking and apply cancellation charges should full payment not be received within the above specified periods.
1.7 If you wish to book under a special advertised promotion, you must include the details of such promotion at the time of Booking.
2. TRAVELLING
2.1 The Operator’s e-tickets / Booking Statements confirming ‘Full Payment’ are not transferable. Any transfer of your e-ticket / Booking Statement to another traveller or another tour product or date is entirely at the Operator’s discretion and may involve additional charges to be paid prior to confirmation.
2.2 Baggage is restricted to one one standard 15kg cabin bag, backpack or case of 56x45x25cm and one small carry-on bag per traveller. Carry-on bags must not weigh more than 5kg. Hats and reasonable camera equipment are in addition to this. Baggage in excess of these limits may not be carried.
2.3 It is your responsibility to check-in with the Operator not less than 15 minutes prior to the specified departure time. The Operator will not be liable for any service that departs or returns later than its specified time, even if as a result you miss a connecting service or flight. The Operator will use its best efforts to ensure that departure and return times are met.
3. CANCELLATION & CHANGES
3.1 Cancellation of your booking must be in writing to the Operator (for direct or website bookings). When written notification has been received by the Operator, a fee will be levied to cover the costs incurred. The amount of the cancellation fee will be dependent on the number of days prior to the departure date of the tour (not including the day of departure or the day of notification).
3.2 If you need to cancel for whatever reason, where written confirmation is received by the Operator from you or your authorised lead traveller at least 45 days notice prior to your confirmed or nominated departure date, your deposit value will remain as a credit on your booking available to use against a trip of the same or greater total value than that originally purchased. No refund of the deposit will be applicable. Where the new trip departure is within the 2019 operating season (defined as the period covering all scheduled departures), this must be confirmed in writing to the Operator minimum 45 days prior to the new departure date. One date change per person per tour is permitted without incurring an administration fee from the Operator. Any additional date and / or tour changes will incur an administration fee per person per tour. For travel during the 2020 operating season the new departure date must be confirmed by 31st December 2019 and will be subject to the confirmed programme prices and booking terms and conditions of the 2020 Operating season. It is your responsibility to notify the Operator in writing of your new nominated departure date. If the Operator has not received notification prior to the minimum notice period given the Operator will assume that you have cancelled your tour, you no longer wish to travel, and your deposit will be forfeited. All changes are subject to availability. Where written confirmation is received by the Operator later than 45 days prior to your confirmed or nominated departure date, your deposit value will be forfeited and no refund or transfer of Booking will be made.
3.3 Cancellation of individual passengers from a multiple booking where a group discount applies (e.g. ‘Mates’ Rates’ or ‘Wine Club’ discount) will mean that the discount applied at the time of booking will be forfeited, due to the qualifying criteria no longer being met. If the cancellation results in the qualifying criteria no longer being met, then the total price payable for the remaining passengers on the booking will be adjusted, and any forfeited discount will be reclaimed through deduction in calculating any refund due to the cancelation.
3.4 Private Group / Bespoke Tour – specific cancellation fees apply to each Tour, the Operator will inform you of these prior to payment. A non-refundable deposit will be required at time of booking to cover any accommodation, third party supplier, meal and attraction costs. Where bookings include entrance fees to attractions, accommodation, involve accommodation upgrades or specific accommodation requests any cancellation fees incurred by the Operator will be passed on to you in addition to the standard Private Group / Group Tours refund policy.
GENERAL
3.5 Tour changes to one of a lower value or seasonality will result in the loss of any special discounts applied to the originally booked tour and will be subject to an administration fee equivalent to the cancellation fee on the original Tour booked.
3.6 Tour changes to one of higher value or seasonality will require the difference in price to be paid. This may also result in the loss of any special discounts applied to the originally booked Tours.
3.7 If the reason for your cancellation is covered under your insurance policy, you may be able to make a claim under that policy.
3.8 No name changes are permitted unless with the written consent of the Operator at the Operator’s sole discretion.
4. YOUR RESPONSIBILITIES
4.1 The tour products offered involve forms of transportation. For this reason, the Operator’s representative will not be able to offer constant special attention or assistance should you have any physical disability requiring such attention.
4.2 Travellers must be aged 18 or over. For tours of more than 1 day passengers must be aged 18 years or over on date of travel commencing. The Operator may, at its absolute discretion, and in exceptional circumstances, give confirmation of acceptance of a person outside this age restriction, provided that they are accompanied by a responsible person of 18 years or over. There is no upper age restriction.
4.3 Travellers with specific physical or medical requirements. We will try to accommodate any passenger on tour but due to the nature of the tours, we are required to consider specific physical or medical requirements on a case by case basis. We will do our best to accommodate any traveller who may have specific assistance requirements provided they are accompanied by a companion capable of providing such necessary assistance and do not require special assistance from the Operator’s personnel. Any medical or physical condition requiring third party attention or treatment must be advised in writing to the Operator when the booking is made. We ask that any special requests or requirements concerning travel arrangements or accommodation also be made at time of booking to ensure we can provide the best service possible. If submitting such notification, it is your responsibility to ensure it is acknowledged with your booking confirmation. The Operator cannot guarantee travel in the absence of such an acknowledgement. We will pass on any reasonable requests to the relevant suppliers but cannot guarantee that your requests will be met. The fact that a special request has been noted on your confirmation invoice or on any other acknowledgement is not confirmation that the request will be met. Failure to meet any special requests will not be a breach of contract on our part unless the request has been specifically acknowledged and confirmed as guaranteed by the Operator. The Operator reserves the right to refuse to carry anyone if it is felt that the individual cannot cope with the requirements of the tour and who may require services and facilities that the Operator cannot guarantee will be available. The nature of the tours means that not every type of disability can be accommodated despite reasonable endeavours of the Operator. Most tours involve getting on and off travel vehicles, boats or ferries, sitting for long periods on vehicles without toilet facilities, walking and other physical activities which involve rough terrain at vineyards or natural countryside sightseeing stops, steps and stairs at wine estates and bodega cellars, visitor attractions and accommodation. Travel vehicles are not adapted to carry wheelchairs and do not have ramps, lift or low floor access. Collapsible wheelchairs may be carried in the luggage hold in some cases but you must check in advance with the Operator to ensure that this is the case for your tour prior to confirming the booking. The Operator cannot carry any motorised wheelchairs under any circumstances. You agree not to hold the Operator responsible for any decision made by them or by any service provider to refuse to carry you, provide any facilities or accommodation to you, or to provide any service to you in the absence of written acknowledgement and acceptance of your special request or of your specific assistance needs from the Operator. Please note that 100% cancellation charges would apply in these circumstances.
4.4 It is your responsibility to have a valid passport and all necessary visas, permits and certificates on your person for your selected itinerary, to have all necessary vaccinations and to comply with applicable laws. Schengen Visas – it is your responsibility to have your passport stamped on entry to the European Union. The Operator will not allow you to travel if you do not have a valid visa for your destination. The Operator will not allow you to travel without a valid passport. Your passport will be required to be shown upon request by the Operator or its service providers, including accommodation providers, or the local or national police.
4.5 You agree to comply with the authority of the Operator’s representative and the laws and regulations of the countries visited, including customs and foreign exchange restrictions. If you do not do so, you may, at the discretion of the Operator’s representative, be asked to leave the tour. No refunds will be issued in such circumstances.
4.6 You agree that the Operators’ representatives may take photographs and video recordings of you while you are a traveller. These may be used in the Operator’s brochures and/or advertising and publicity material (including social media) and website without obtaining any further consent or payment in respect of such photographs and/or films.
4.7 You agree that the Operator may use any text written in comments books or emails, recorded in customer surveys or input to online forums and review sites, in its brochures, flyers, websites and/or advertising and publicity material without obtaining any further consent or payment in respect of comments.
4.8 There may be times when the Operator’s personnel and/or representatives have to make a decision in the interests of safety. It is a condition of booking that you comply with the authority and decisions of the appointed representative of the Operator. If you do not comply with the said representative or are not compatible with the general enjoyment and well-being of members of the tour, the Operator reserves the right to refuse to allow you to continue the tour. In such a case the Operator will not be liable for any refund, compensation or any additional costs incurred by you. The Operator cannot accept liability for the behaviour of others on your tour nor if any facilities are curtailed as a result of their actions.
4.9 The Operator does not tolerate any form of abuse, verbal or otherwise, of its personnel. Any person abusing or threatening the Operator’s personnel or associated representatives will automatically forfeit their right to onward travel or financial refund.
4.10 You are responsible for looking after your personal belongings whilst travelling. The Operator cannot be held responsible for any personal belongings left behind or damaged on any tour irrespective of the circumstances.
4.11 It is the responsibility of the individual traveller and authorised lead traveller on the traveller behalf, to check the accuracy of dates booked upon receipt of their Booking Statement confirming ‘Payment in Full’.
4.13 The Operator’s tours involve mildly strenuous outdoor activities such as walking round villages, through natural terrain or across rough ground at vineyards, up and down stairs of bodega wine cellars and tunnels and therefore require a good level of physical fitness.
4.14 The Operator has a zero tolerance policy on possession of illegal drugs or substances. Any passenger deemed to have breached this condition by the Operator will automatically forfeit their right to onward travel or financial refund.
4.15 By booking a trip that includes Multi-share accommodation, you acknowledge that the Operator and / or its representatives is unable to confirm same gender room allocation.
4.16 The traveller is liable for all damage and losses caused by the traveller through their actions or those of any member of the traveller’s party at any of the establishments visited during the tour, or to the Operator’s tour vehicle.
5. INSURANCE
5.1 There is no travel insurance cover included in the price of any ticket, tour, trip or product represented on the website.
5.2 The Operator requires that you take out adequate comprehensive insurance cover for cancellation, medical expenses, personal accident, personal baggage, money and public liability before you travel. You may also wish to indemnify the Operator against all third-party claims, actions, damages and remedies that may be brought against the Operator in respect of your travel needs/requirements. The Operator may require you to provide details of your insurance as a condition of travel.
6. CHANGES BY THE OPERATOR
6.1 Prices on flyers and the website are based on costs and exchange rates at 1 January 2019. Should these costs change it may be necessary to make a surcharge on the price of your tour. Should the total tour price increase by more than 10% you will have the right to cancel within 7 days of notification without penalty.
6.2 No surcharge in respect of costs or currency fluctuations will be made once payment of the deposit for your tour has been received. This guarantee excludes fuel surcharges and does not apply to any taxes, charges or levies imposed by any Government or their Agencies. In exchange for these guarantees, no refund will be made if costs are reduced. The surcharge will only be made where the increase in cost will affect the price of the tour by more than 2%.
6.3 The Operator reserves the right to vary, modify or cancel any itinerary, either part or wholly. If this is necessary, they will substitute alternative arrangements of comparable value, or at the Operator’s discretion provide a full or partial refund.
6.4 If access to any country or area is prohibited for reasons of force majeure (i.e. circumstances such as political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural and nuclear disasters, fire, epidemic or health risk, Acts of God, adverse weather conditions or other similar events beyond the Operator’s control) the Operator reserves the right to amend or alter the product, or fully or partially withdraw the programme. If the Operator cannot offer suitable substitute services, you will be entitled to a refund (less reasonable expenses incurred by the Operator in respect of your booking). The amount of the refund will be calculated pro-rata based on used portion of the tour.
6.5 The Operator reserves the right to alter or substitute the type of vehicle mentioned in brochures or flyers or on the website.
7. WEATHER CONDITIONS
Under no circumstances can the Operator be held responsible for any delay, deviation or cancellation due to weather conditions, nor can any tour be cancelled or amended by you at any time on the basis of weather conditions.
8. NO SMOKING POLICY
The Operator operates a No Smoking Policy on all their vehicles and properties and on those of its agents, suppliers, collaborators or tour stops.
9. EMERGENCY
We recommend that the traveller or lead traveller provide the Operator contact details of relatives or friends that should be contacted in the event of an emergency. Please note that all costs incurred by the Operator in providing any assistance in the event of an emergency including but not limited to payment for any transport or medical treatment are the liability of the traveller and must be reimbursed to the Operator.
10. DISPUTE PROCEDURES
10.1 If you have a complaint in respect of any aspect of the provision of services during your tour, you should inform the Operator’s representative personnel at the time. Any complaint that cannot be resolved by the Operator’s representative should be submitted in writing within 28 days of the incident to tours@rutadonfederico.com so that your complaint can be passed to and then investigated by the Operator. The Operator will not consider complaints after the 28 day period from the end date of your tour.
10.2 The contract and all matters arising in respect hereof shall be subject to English Law unless the Operator agrees otherwise in writing.
10.3 If any provision of this contract is held invalid or unenforceable by any court of competent jurisdiction, that provision shall be deemed to be re-written to give effect to the same purpose within the permitted limits of the law. The validity and enforceability of the other provisions shall not be affected.
10.4 If you are unsuccessful in any legal action instituted against the Operator, you agree to pay all of the Operator’s costs associated to any such legal action, including but not limited to attorney / client costs.
11. CONTRACTING PARTIES
11.1 The booking conditions detailed herein contain the entire contract between you and the Operator. No representation, term, warranty or condition can be expressed or implied by reference to any other writing, advertisement or conversation. This contract may only be varied by a duly authorised officer or Director of the Operator in writing.
11.2 Your contract is with the Operator. At any time, and at the Operator’s complete discretion, the Operator may nominate to you in writing any other company or person to have the benefit of some or all of those provisions of this contract, which the Operator may then specify, as if you had agreed the provisions concerned directly with that company or person in the first place as well as agreeing them with the Operator. The Operator may at its complete discretion assign all or any rights and liabilities arising under or by virtue of this or any other contract with you.
11.3 All bookings with other third party operators and service providers are subject to their terms and conditions and limitations of liability. Please note that some of these limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage. Whilst the Operator cannot accept any responsibility for any loss as a result of such actions or as a result of any act or omission of any such third parties, the Operator will give reasonable assistance in helping to resolve any reasonable dispute.
11.4 Every effort is made to ensure accuracy of the information given on the website or at the time of going to print of any marketing material, however the Operator cannot be held responsible for printing and typographical errors, or errors arising from unforeseen circumstances.
12. COPYRIGHT
Unless otherwise noted, copyright of all material, logotypes, blogs, text, photos and videos used on the website and marketing material of the Operator are copyright of La Ruta de Don Federico. Reproduction of the information is only permitted for personal use and must be credited to La Ruta de Don Federico.
13. VALIDITY
The programmes, products and tours advertised on the website and marketing material are valid from the 2019 operating season as specified in the Operator’s website and marketing material, unless stated to the contrary. These Terms and Conditions supersede all previous Terms and Conditions issued and are valid for all reservations made on or after 1 January 2019, until replaced.