RENFE Viajeros sa - Terms and Conditions
Valid retrospectively and from 1 February 2014
These terms and conditions relate to travel on the following trains owned and operated by RENFE Viajeros sa:
TRAINS FOR WHICH THESE TERMS AND CONDITIONS APPLY
This document sets out the conditions governing the hiring of travel services for primarily tourist purposes on RENFE
Viajeros SA Tourist Trains in Spain.
[SOME NON-RELEVANT TEXT REDACTED]
1.2. In the case of Regular Travel, when it involves sales to individuals, having received a written request for reservation through any of the official means stated, the end customer will receive a "RESERVATION CONFIRMATION" as soon as possible from RENFE Viajeros through the sales channel chosen.
The CUSTOMER must pay:
- 40% of the total amount for the tourist product reserved by way of a "registration and guaranteed
reservation fee" after receiving the "RESERVATION CONFIRMATION", and within FOUR (4) calendar
days if resident in Spain or within SEVEN (7) days if residing abroad.
- The remaining 60 % to complete the full payment at least fifteen (15) days before the date of the trip.
Non-payment of the resulting amounts in these areas within the time limits shall constitute a breach of contract by the CUSTOMER, empowering RENFE Viajeros to seek the termination of the travel hired and to seek compensation based on the cancellation penalties provided below.
Prices for each tourist product, in their various travel classes and expressed in Euros, include everything that is expressly stated on the website, in brochures and any means and communications issued by RENFE Viajeros for that purpose.
CANCELLATION BY CUSTOMER
The CUSTOMER may at any time cancel the services requested from RENFE Viajeros (or designated agent), communicating their withdrawal in writing from the trip hired, and being entitled to a refund for the amounts paid, except for 15% of the total amount for the “registration and guaranteed reservation fee" (sections II.2.a and II.2.b), which is to be paid to RENFE Viajeros as compensation.
Any changes made by the Customer to alter the identity of passengers who occupy the reserved seats, departure dates or the trip chosen will require the cancellation of the reservation made and a new reservation.
The percentage to be applied, based on the RRP in force at all times, in order to know the amounts to be paid as compensation, will be increased depending on the cancellation date with respect to the start date of the trip, as follows:
- Cancellation up to 31 days: 15%
- Cancellation between 30 and 15 days: 25%
- Cancellation between 14 and 5 days: 50%
- Cancellation between 4 and 1 day: 80%
- Cancellation less than 24 hours before or no show on the day of departure : 100%
4.2. When they cancel their trip and a CUSTOMER has already paid the amounts for the “registration and guaranteed reservation fee", RENFE Viajeros shall be authorized to deduct the compensation provided for in section 4.1 prior to the return of such amounts.
4.3. The payment of the refund, if any, will be made by a bank transfer to the account provided by the CUSTOMER.
4.4. In cases in which the CUSTOMER has not explicitly communicated their withdrawal and has not completed payments within the time limit for the amounts established, RENFE Viajeros will be entitled to apply and claim compensatory amounts from the CUSTOMER according to the percentages set out in section 4.1., and which must be paid within a maximum of THIRTY (30) days from the date of notification that RENFE will give for the appropriate purposes.
If RENFE Viajeros is forced to modify any essential element of the Trip hired, it will notify the CUSTOMER immediately.
Upon receiving any communication by any of the means in section II.1.1, the CUSTOMER will have the power to terminate the contract and all amounts paid on account, or to accept the change that will become part of the binding contractual conditions between the parties.
For these purposes, the following are not considered to be a modification of essential items: changing one visit for another of comparable characteristics; changing the schedules or chronological order of the visits; changing the locations of places for meals or overnight stays in the travel itinerary; the replacement of the means of transport on a particular trip; any variation in shows and performances.
If for technical or organizational reasons RENFE Viajeros feels it is necessary to suspend the trip, it will be obliged to offer the passenger another date or a refund.
AFTER COMMENCING THE TRIP
Itineraries may be subject to changes due to circumstances unrelated to the Organiser or due to other problems that may arise in abnormal operating of the management of capacity on the network where the Tourist Trains run. In these cases, the Organizer shall take appropriate solutions for the continuation of the trip organised at no extra cost to the customer, and informing the latter of this. If the CUSTOMER continues the journey with the solutions provided by the Organization, they shall be deemed to have tacitly accepted these proposals.
RENFE Viajeros will be liable to the CUSTOMER, according to the obligations that correspond to them in the field of travel management, for the proper performance of the obligations under the contract, regardless of whether these need to be enforced by the former or by other service suppliers and without prejudice to RENFE Viajeros having the right to take action against those service suppliers.
RENFE Viajeros will cease to be liable as a result of the non-performance or defective performance of the contract when any of the following circumstances exist:
- The defects are attributable to the CUSTOMER
- They are attributable to a third party unrelated to the provision of the services under the contract and are unforeseeable or unavoidable
- It is due to Force Majeure
- When the damages are due to an event that RENFE Viajeros, despite all due care, could not foresee or overcome.
Compensation for damages, if any, for failure or poor performance of the services, will be limited to the provisions of national legislation in force.
RENFE Viajeros will not be liable to third parties for breach of the obligations of the CUSTOMER, except as expressly stated in regulations applicable to the case.
For cases where, as a result of performing this contract the parties need to exchange personal data, they are committed to fulfilling all obligations legally required of them under Law 15/1999 of 13 December on the Protection of Personal Data and its implementing regulations, in particular Royal Decree 1720/2007, releasing the other party at all times from any claims, penalties and so forth that might arise as a result of breach of the above provisions.
Each of the parties will take all security measures that are necessary to ensure the security and integrity of such data that, if applicable, they have access to or which is provided to them in compliance with the provisions of this contract, in accordance with the provisions in current regulations.
LANGUAGE, TOTAL AGREEMENT, APPLICABLE LAW AND JURISDICTION
In case of any dispute concerning the drafting of documents related to the hiring of Tourist Train services, and derived from their translation into another language, the Spanish version shall prevail.
These Conditions, together with brochures, quotes and other material generated for the hire of Tourist Train tourist products by the CUSTOMER, represent a complete and binding agreement between the parties.
The hiring of tourist products is governed by the Conditions set forth herein and, in addition (and provided that this is not provided for or does not contradict the above), by the specific requirements contained in brochures, quotes and other material generated between the parties for hiring trips. Areas not expressly agreed will be subject to Spanish law.
In case of any doubts or disputes concerning the application or interpretation of the contract conditions, an attempt will be made to resolve them by agreement between the Parties.
If no agreement is reached in the negotiation of the dispute, both parties agree to submit this to the Courts and Tribunals of Madrid, the parties expressly waiving rights to any other jurisdictions that may correspond to them.
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