A package holiday is the prior combination of at least two of the elements below under a global price so long as the holiday is at least 24 hours’ long or involves at least one night’s stay:
- Transport.
- Accommodation.
- Other tourism services not related to transport or accommodation and which constitute a significant part of the package holiday.
In accordance with the laws in force, it is mandatory to sign a package holiday contract with the travel agency or agencies involved in the contract. In the case of online sales, the contract signed electronically will be fully valid for all purposes so long as the customer clearly and expressly states their acceptance by clicking a “Yes, I agree” button.
Pursuant to article 152 Legislative Royal Decree 1/2007, the package holiday offering should contain information on:
- Destinations and means of transport, listing features and class.
- Trip duration, itinerary and timetable.
- List of accommodation establishments with an indication of type, location, category or level of comfort and main features, as well as their authorisation and tourism classification in countries where there is an official classification.
- The number of meals to be served and, where applicable, whether beverages or some type of them are included in the planned meal regime.
- General information on conditions applicable to EU member state nationals regarding passports and visas, and the health formalities required for the trip and the stay.
- Complete final price, including taxes, and estimated price of optional excursions. In the case of extra costs for services included in the package holiday that must be met by the customer and are not paid to the organiser or retailer, information on their existence and, if known, their amount.
- The amount or price percentage to be paid by way of an advance on the total price and the payment schedule for the part of the price not covered in the paid-up advance, as well as any financing conditions that may be offered.
- Whether a minimum number of sign-ups is required for the package holiday to go ahead and, where applicable, the last date to inform consumers of cancellation.
- Clauses applicable to potential liabilities, cancellations and other travel conditions.
- Name and address of the package holiday organiser and, where applicable, their legal representatives in Spain.
- All additional and suitable information on the features of the offered trip.
It is not necessary but it is advisable. When you buy a package holiday, the travel agency will give you the possibility of taking out travel cancellation and/or assistance insurance.
Travel agencies can increase or decrease package holiday prices no later than 20 days prior to departure if the price change is due to a variation in:
- The price of carriage, including fuel
- Taxes and fees on certain services
- Interest rates applied to the trip
If the travel agency reports a significant change in essential elements of the package holiday contract prior to departure you have 3 days from the notification to choose between:
- Accepting the change in contract with the repercussion on the price, where applicable
- Terminating the contract with no penalisation. In this case you can in turn choose between:
- Taking out an alternative package holiday if the agency can offer it
- The reimbursement of all amounts paid within 14 calendar days from notifying your wish to terminate the contract.
If you choose to terminate the contract, you are also entitled to the following compensation if the change is not due to an event outside of the agency’s control: (i) 5% of the total amount of the trip if the change was notified between 2 months and 15 days prior to departure; (ii) 10% if the change was notified between 15 and 3 days prior to departure, and (iii) 25% if the change was notified less than 48 hours prior to departure.
If you have not notified the agency of the option you choose within 3 days, it will presume you have opted to terminate the contract with no penalisation.
If the agency notifies you of the cancellation of the trip prior to departure you can choose between:
- Taking out an alternative package holiday if the agency can offer it
- The reimbursement of all amounts paid within 14 calendar days from notifying your wish to terminate the contract.
Also, if the cancellation is not due to a circumstance outside of the agency’s control or because the minimum number of participants you were informed of in the offer was not reached, you will be entitled to the following compensation: (i) 5% of the total amount of the trip if the change was notified between 2 months and 15 days prior to departure; (ii) 10% if the change was notified between 15 and 3 days prior to departure, and (iii) 25% if the change was notified less than 48 hours prior to departure.
If you cancel your trip prior to departure you will have to compensate the agency for the following items:
- Management expenses
- Duly justified cancellation costs
- If you cancel less than 15 days prior to departure: (i) a penalisation of 5% if you cancel between 10 days and 15 days prior to the departure date; (ii) 15% if you cancel between 10 and 3 days prior to the departure date, and (iii) 25% if you cancel within 24 hours prior to departure.
See your insurer if you have taken out cancellation insurance.
In this case the cancellation costs for non-presentation will be 100%.
You can assign your contract to someone else who meets the characteristics needed for the trip. You must notify the travel agency of this at least 15 days in advance of the departure date, unless the contract stipulates a shorter term.
Assignor and assignee will be jointly responsible to the agency for outstanding payment amounts and justified expenses the assignment involves.
If the organising agency is unable to supply any of the contracted services after the trip has begun, it must give you solutions to continue your holiday without raising the price and reimburse you for the difference between the services provided and the ones you had contracted.
By continuing with the trip, you will be understood to agree to the changes.
If a solution is not feasible or you do not accept it with reasonable cause, you are entitled to be provided with transportation through to your place of origin or a place you agree on with the agency, with no price rise, and to be reimbursed for the difference between the services provided and the ones you had contracted, plus any compensation that may apply.