Terms and Conditions
These are the terms under which we offer CÚRATE trips travel services. By registering and paying your deposit for a Tour, you are entering into this Participant Agreement with us. Please read these terms carefully before making a deposit or payment for a Tour. These terms may be supplemented by additional terms and conditions specific to your Tour (“Supplemental Terms”). In the event of a conflict between this agreement and the supplemental terms, the Supplemental Terms will apply.
CÚRATE Trips® is a travel brand operated by PYT TRAVEL DESIGN S. L., a fully bonded travel agency based in Spain.
CÚRATE Trips Participant Agreement
Cúrate Trips®, a part of CÚRATE Tapas Bar group, acts only as the trip sponsor and is not responsible for the acts or omissions of other parties. The trip described on the Cúrate Trips website (the “Website”) or in your brochure (the “Tour”) is provided by the independent tour operator named above PYT TRAVEL DESIGN S.L. (the “Operator”). CÚRATE Tapas Bar and the Operator are collectively referred to as “we” or “us”. The terms and conditions of this Participant Agreement apply to your Tour and the program for the Tour (the “Itinerary”).
Our aim is to provide the right holiday to suit your requirements. You can call us on +34 662-305-125 or +1(646)-934-6676 or email: firstname.lastname@example.org and we will answer all your questions and tailor make an itinerary extension for you if required. In order to maintain our customer services standards and to assist with the on-going training of our staff we may record or monitor our telephone conversations or emails with you.
1. BOOKING YOUR HOLIDAY
Reservations and Payments
(a) To secure your booking we require a deposit of 25% to 30% of the total holiday cost per person – or as advised by the Operator. If you are booking within 90 days of departure (or 120 days for Morocco), then full payment is required. Payment can be made by by most major credit cards or by bank transfer in favor of PYT Travel Design S.L. Wire transfer costs are borne to the client. If for any reason we do not accept your booking your deposit will be returned.
(b) At domestic flights, airlines now require the full name of all passengers traveling. If we handle your domestic flights we will therefore ask you at the time of booking to confirm the number of members in your party and to provide us with full passengers details and copy of each member’s passport.
(c) Special Requests, such as diet, food allergies, room location, twin or double bedded room, a particular facility or flight seat which are an important factor in the choice of holiday, should be indicated in writing at the time of booking on the booking form. The Operator will make all efforts to arrange for Special Requests to be met, but cannot guarantee 100% that they will be, nor will the Operator be liable if any Special Request is not met. The provision of any Special Request does not constitute a term of your contract with us unless we have confirmed in writing that your requirement will be met.
(d) Upon receipt of the deposit, the Operator will send you confirmation of your booking. The Operator will book your arrangements and issue a Confirmation Invoice. A contract will come into existence on the date on which we issue a Confirmation Invoice. When you make a booking you are confirming that you are at least 18 years of age and that you understand our booking conditions and have accepted them on behalf of yourself and all members of your party. All contracts with PYT Travel Design S.L. (the Operator) are subject to these booking conditions.
(e) It is important for you to check the details on the Confirmation Invoice as soon as you get it. In the event of any discrepancy please contact us immediately. All correspondence and other communications will be sent to the address of the person who made the initial payment unless you specify otherwise. If you request correspondence through a business address, a residential address will also be required for emergency and security reasons.
(f) Certain small group Tours might require a minimum number of participants. See special conditions at each tour.
(g) The total balance is due 90 or 120 days before departure (see specific booking terms for each trip). If it is not paid in time, we reserve the right to cancel your travel arrangements and retain your deposit.
(h) Travel insurance: Travel protection is optional but highly recommended. As soon as you receive your Confirmation Invoice we recommend that you purchase travel protection to help safeguard your travel investment, your belongings and most importantly you, from those unforeseen circumstances that may arise before or during your trip. Any questions about what travel insurance does or does not cover should be addressed directly to the travel insurance company. If you decline insurance coverage, you will personally assume full responsibility for any financial loss associated with your travel arrangements, and you could lose your travel investment and/or have to pay more money to correct the situation.
Extra arrangements or hotel bookings
The Operator guarantees a professional and expert accommodation guidance at the best available hotel rate. Through their preferred hotel partners, we have access to special perks such as room upgrades, special amenities, a fee waiver and an absolute total personalization of your stay during a pre or post extension. For any extra service required, the Operator will provide all the necessary professional support.
2. INCLUDED AND NOT IN THE TOUR PRICE
Pricing and Inclusions
3. CANCELLATION BY YOU
(a) All cancellations must be advised in writing, hand-signed by the person who made the initial payment and sent to: email@example.com and need written proof of receivable. Cancellations are effective on the day they are received by the Operator. Recorded delivery is strongly recommended.The following % of total holiday cost penalty will be applied from the date of the cancellation notice:
- More than 90 days before departure: 20% of total holiday cost per person;
- 90 -61 days before departure: 50% of total holiday cost per person;
- 60 – 31 days before departure: 75% of total holiday cost per person;
- 30 days or less before departure: 100% of total holiday cost per person
Particular conditions of contract may apply, where no specified these General Terms and Conditions will apply. Refunds will be made by wire transfer.
(b) If any number of the party is prevented from traveling, it may be possible to transfer the booking to another suitable person, provided that written notice is given at least 45 days prior to departure. You must allow reasonable time for the changes to be communicated to, and accepted by, the supplier. We need from you:
(a) Your request is accompanied by documentary proof of the reason for the transfer, any tickets or vouchers received from the company, full detail, of the person who will replace you, any balance due for the booking and the appropriate administration fee (see below).
(b) Your replacement agrees to be bound by these booking conditions. The administration fee will be 50 € per booking per person, together with all communication charges or other expenses incurred by the Operator (such as multiple revisions, additional research and consultations) at an hourly rate of 60 €. You, as transferor of the holiday, and the transferee shall be jointly and severally liable to the Operator for payment of the balance due, together with all additional charges of whatever sort imposed by the suppliers providing the component parts of your Tour charges. Please note that airlines in particular sometimes charge a l00% cancellation fee and the cost of a new ticket.
(c) Your decision not to participate on the Tour due to State Department warnings, fear of travel, illness or any other reason will be deemed a cancellation. If a flight or other delay for any reason prevents you from joining the Tour on the Tour departure date and time, you will be considered a no-show, and we cannot provide a full or partial refund or credit toward a future Tour, but you may join the Tour late if you wish.
4. AMENDMENTS BY THE COMPANY
Accuracy of Information
5. RESPONSIBILITIES OF THE OPERATOR
The Operator applies all reasonable checks to ensure that those involved in the preparation and provision of the Tours maintain the appropriate standards. The descriptions, information and opinions given in our brochures or on the website by the Operator in respect of the airlines, hotels and other suppliers whose services are used are given in good faith, based on the latest information available at the time of publication.
Fault on our part
Limits of CÚRATE Trips responsibility
Forced Cancellation / Amendments by the Operator
Under no circumstances will the Operator cancel or amend your hotel arrangement less than 8 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If you fail to pay the balance of the holiday price on the deadline terms before departure, the Operator will treat your booking as cancelled and levy the cancellation charges set out in clause 2(a). If the Operator is obliged to amend your holiday by Force majeure, the Operator will use its best endeavors to offer alternative arrangements of equivalent standard and price.
If any trip is cancelled for not reaching the minimum number of participants, CÚRATE Trips will can propose to transfer the client’s deposit to another of the trips offered and available; or offer full refund of the deposit paid.
We assume no liability for loss or damage to baggage in transit to and from a Tour or while on a Tour. We recommend purchasing a supplemental travel insurance package.
6. PRICE POLICY
(a) All prices are in Euros and include local VAT (IVA).
(b) The Operator will not give a breakdown of the costs involved in a Tour.
(c) The Operator reserves the right to notify you of an increase in the brochure or advertised price before accepting your booking and prices may go up or down.
(d) Government actions such as changes in VAT or any other government imposed changes and currency changes in relation to an exchange rate variation may also vary the price after you have booked. If you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.
(e) Optionally, you may choose to pay for your holiday in full at the time of booking, in which case your holiday price will be fixed at the cost quoted by the Operator at that time. To qualify for this benefit you should return the Confirmation Invoice to the Company with full payment to reach the Company within 7 days of the date when the Confirmation Invoice was first posted to you.
7. YOUR RESPONSIBILITIES
(a) It is important that you check the details on your Confirmation Invoice when you receive it. In the event of any discrepancy, you should contact the Operator immediately.
(b) All travelers without exception (including babies and persons under 18 years of age) shall carry valid documentation. All children should travel on full passports. It is your responsibility to obtain all documents required for your holiday, including passports, visas, health certificates and international driving licenses, to ensure that these are in proper order and to take them with you. We will not be liable to make any refund or pay compensation if you or any member of your party is unable to proceed with the Tour as planned because of incorrect or missing personal documents, or any other failure to meet passport, visa or immigration requirements.
(c) You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your holiday. The Operator cannot accept responsibility for clients missing flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your holiday. No credit or refunds will be given for lost, mislaid or destroyed travel documents.
(d) Most people go on holiday for rest and relaxation, so if in our reasonable opinion or that of any airline pilot, hotel manager, tour leader or other person in authority, your behavior is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your Tour. Should this happen no refund or compensation would be paid.
(e) If you lose any personal items whilst on holiday, please obtain a written report from the police, to help with any insurance claim upon your return.
(f) You are responsible for the costs of any damage to the accommodation and/or any extra charges incurred with our suppliers during your holiday. Should you fail to make such payment at the time the charges and/or costs are incurred, you will be liable to reimburse us for these and you authorize the Operator to automatically debit your credit card to the value instructed by the supplier for any such costs and/or charges.
Conduct during the tour
You are responsible for respecting the authority and following the directions of the Tour guide and the laws of the countries in your Itinerary during a Tour. We may exclude you from participating in all or any part of the Tour if, in our sole discretion, your condition or behavior renders you unfit for the Tour or unfit for continuation once the Tour has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of Tour services or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to refund of the recoverable cost of any unused portion of the Tour. Should you decide for any reason not to participate in certain parts of the Tour or use certain goods included in the Tour, no refunds will be made for those unused parts of the Tour or goods. You agree to indemnify and hold us harmless from and against any costs, damages, losses or liabilities arising out of (a) the actions or omissions of any minors traveling with you and (b) if you checked the box indicating that you are signing on behalf of yourself and your traveling companions, your companions’ claims that you were not authorized to agree to this Participant Agreement on their behalf.
Assumption of Risks and Release
If you participate in activities during your Tour, certain risks and dangers may arise, including, but not limited to, the risk of accidents. You hereby expressly assume all of these risks and dangers travel represents, and you hereby expressly agree to forever release, discharge and hold us and our agents, employees, officers and directors, harmless against any and all liability, actions, causes of actions, suits, claims and demands of any and every kind and nature whatsoever which you now have or which may hereafter arise out of or in connection with your Tour or participation in any activities in which you participate.
Active Elements, Medical Conditions and Special Assistance
Some of our Tours might incorporate active elements such as hiking, or sailing; you are responsible for familiarizing yourself with the level of activity that will be involved in your Tour. You must inform the Operator at the time of booking (or at such later time when you become aware of such a condition) any existing physical or mental illness, disability, pregnancy or any other condition which may create a health hazard for yourself or others during the Tour or for which you may require medical attention or special accommodation during the Tour. We will make reasonable efforts to accommodate your needs, but you must notify us at the time of booking for a determination of what assistance we can reasonably provide. We regret that we cannot accommodate you if you have special needs for ordinary daily activities, such as walking and dining. In no instance will our Suppliers or we physically lift or assist you on to or off any vehicles. If we cannot accommodate your special needs, you must be accompanied by a companion who will be responsible for independently providing the needed assistance.
We reserve the right to decline acceptance of anyone we consider unsuitable due to fitness level. We also reserve the right to remove you from the Tour, at your own expense, if your condition is such that it could create a hazard to you or others, or otherwise impact the enjoyment of other passengers.
It is strongly recommended that you and all members of your party have comprehensive travel insurance cover and that it is adequate for your needs. Your policy of insurance should provide cover for personal injury, death, medical and repatriation costs in the countries which you intend to visit, together with cover for loss of baggage and valuables, personal liability, delay, cancellation, curtailment, missed departure and legal expenses.
If you suffer from a disability or medical condition you should disclose this to insurers. For those who participate in sports and activities whilst on holiday that have been organized and arranged independently of us, it should be understood that participation is at the individual’s own risk and it is your responsibility to obtain the relevant insurance. Note that special insurance may be required if you intend to scuba dive or undertake any other dangerous or sports activities. Please keep your insurance details with you whilst on holiday.
Any questions about what travel insurance does or does not cover should be addressed directly to the travel insurance company. If you decline insurance coverage, you will personally assume full responsibility for any financial loss associated with your travel arrangements, and you could lose your travel investment and/or have to pay more money to correct the situation.
The Operator offers advice about travel insurance options, but is not business related to any insurance company.
9. AIRLINES & OTHER SUPPLIERS
(a) As between you and the Suppliers of the transport, accommodation and other components making up your Tour, the conditions of the supplier will apply. These conditions may be subject to international Conventions which limit and/or restrict the suppliers’ liability. (Copies are available on request – please allow 28 days). Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be published at EU airports, and will also be available from your airline. Reimbursement in these cases is the responsibility of the airline and will not automatically entitle you to refund of your Tour cost from the Operator. If your airline does not acknowledge your rights, you should complain to the Air Transport Users’ Council.
(b) Transport timings are provided by the carrier concerned and are subject to such matters as weather conditions, maintenance requirements, the ability of passengers to check-in on time and, in the case of flights, to air traffic control restrictions. Accordingly the times of flights and other forms of transport are estimates only and cannot be guaranteed.
(c) The majority of airlines have introduced a total smoking ban on most or all of their flights. Please ask before booking if this information is important to you.
(d) Some activities carry inherent risks and if you are participating in such activities you may be asked to sign an additional form by the local supplier. In rare cases beginners may have to take lessons at a charge before being permitted to use hotel equipment otherwise offered free.
10. DATA PROTECTION ACT
(a) In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as your name, and address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. The Operator must pass the information on to the relevant Suppliers of your travel arrangements such as airlines, hotels, transport companies and so on. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law. We will not however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. If, however, we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot accept your booking. In making a booking, you consent to this information being passed on to the relevant persons. Please note that where information is also held by your travel agent, this is subject to your agents own data protection policy. You are entitled to a copy of your information held by us. If you would like to see this please contact the Company during normal working hours.
(b) The information you are required to provide may include debit/credit card details. As set out above, we take full responsibility for ensuring that proper security measures are in place to protect this information. In accordance with applicable legal, regulatory and business requirements this information will be securely deleted as soon as it is no longer required. However, it might be necessary for the Operator to retain your debit/credit card details for a reasonable period of time after the conclusion of you holiday, and you consent to such retention, in the event that any costs referred to in clause 6(f) above are incurred and you fail to settle these directly with the supplier, in order that the Operator can debit your card for the relevant amount. This will be reviewed on a regular basis to ensure that the information is not kept longer than is strictly necessary for the purposes set out above.
(c) You hereby consent to our use of pictures or video of you in our marketing materials without compensation. Facsimile or scanned transmission of any signed document shall be deemed delivery of an original. If there are any conflicts between this Participant Agreement and the Itinerary, this Participant Agreement shall apply. All applications are subject to review and approval. We reserve the right to decline to do business with anyone on a nondiscriminatory basis.
11. ILLNESS & DISABILITY
If you or any member of your party suffer from a disability or other medical condition please tell us before you book. The Operator is happy to give you advice and to try to assist you in choosing a Tour that will meet your requirements. Few of our Tours require a fair degree of physical fitness. Excellent medical facilities are available all over the countries visited. In order to assist you we must be provided prior to booking with full written details regarding your medical condition and any special requirements which result from this. If you have any medical limitation, an appropriate medical form will be sent to you for this purpose. Air travel can cause problems for some people with circulatory or bronchial problems, such as deep vein thrombosis. It is inadvisable for anyone with high blood pressure or respiratory problems to visit high altitudes. You should consult your doctor for advice before you book and in good time before your departure.
12. IF YOU HAVE A PROBLEM
(a) If you are unhappy with any aspect of the Operator’s arrangements while you are on a Tour , you must address your complaint immediately to the Operator and to the management of the hotel or other Supplier whose services are involved. They will do their best to rectify the situation. It is unreasonable to take no action whilst on holiday, but then to write a letter of complaint upon return. If the problem cannot be resolved locally and you wish to complain, full details must be sent to the Operator in writing to arrive within 30 days of your return. We will do our best to investigate and reply to you within 28 days of receipt of your letter. Failure to take either of these steps will deny the Operator the opportunity to resolve the problem immediately and/or investigate it properly. In consequence, this may affect your rights under this contract.
(b) The emergency phone in the voucher is for clients to use it and give the Operator a chance to correct whatever irregularity they may experience; therefore the Operator will consider with special caution any complaint received once the trip is over if clients didn’t make use of the emergency phone or personal communication during the Tour.
(c) In the rare event of a dispute which cannot be settled amicably, it may (if you wish) be referred to arbitration under a special scheme, which, though devised by arrangement with the Junta Arbitral de Consumo de Cataluña, is administered quite independently by the Chartered Institute of Arbitrators. The scheme (details of which will be supplied on request) provides for a simple and inexpensive method of arbitration on documents alone, with restricted liability on holiday-makers in respect of costs. The scheme does not apply to claims which are solely or mainly in respect of physical injury, illness, nervous shock, death or their consequences. The scheme can, however, deal with compensation claims which include an element of minor injury or illness.
13. GOVERNING LAW
The present Terms and Conditions are subject to the stipulations of the Real Decreto Legislativo 1/2007, 16th November of Spanish law, adapting the texts of the Ley para la Defensa de los Consumidores y Usuarios (Consumer Protection Act) and other complementary laws.
Every effort is made to ensure that the details, description and prices contained in company literature are correct, based on personal inspections, and information passed to the Operator by its Suppliers. However changes do occur, sometimes at short notice and therefore the Operator will advise you at the time of booking, or if after booking as soon as possible of any such changes to our published information. It is not always possible for the Operator to control all elements of the Tour whereby advertised facilities can sometimes become unavailable at short notice due to inclement weather conditions, lack of demand, emergency repair works etc.
CÚRATE trips reserves the right to correct any errors or omissions in its published materials and to amend these Terms and Conditions at any time as the result of any material changes to legislation or regulation. All amended Terms and Conditions shall automatically be effective upon being posted by CÚRATE Trips to the website curatetrips.com.
Accordingly, guests should check the website curatetrips.com prior to travel in order to ensure they are aware of any changes.
15. FINANCIAL PROTECTION
Being a licensed travel agency (GC-003929) all the tours and activities in our brochures and on our websites are financially protected by a fully bonding insurance. For more information about financial protection and Póliza de Caución Obligatoria para Agencias de Viajes go to: Generalitat de Catalunya (Catalan Government).