General Contract Conditions

Trinakariatours.com and Shinesicily.com are the websites and registered brands of TRINAKRIA TOURS, S.L., C.I.F. B-64429947, with its registered office and offices at Plaça de Sant Agustí Vell 16, 08003, Barcelona (inside the Rusc de Turisme), and registered in the Barcelona Commercial Register, Volume 39243, Folio 0106, Sheet/Dup 342825.

The title – travel agency license granted by the Generalitat de Catalunya under our application is GC-1441.

The following are the conditions of the combined travel contract that the client explicitly accepts when making a pre-booking on TRINAKRIATOURS.COM or SHINESICILY.COM (websites of the travel agency TRINAKRIA TOURS).

When any vacation package organized by Trinakria Tours includes special contract conditions not included in the general conditions, these will be sent by email to the registered user who will acknowledge and actively accept them when booking their trip.

BOOKING AND PAYMENT SYSTEM FOR TRINAKRIA TOURS TRIPS

The combined travel contract is finalized upon confirmation of the accommodation and/or service reservation by TRINAKRIA Tours to the client. From that moment, the combined travel contract becomes binding for both parties.

At the time of confirming the accommodation and/or service reservation by the client, TRINAKRIA Tours will send the invoice and receive 30% of the total amount of the combined trip as a deposit. If the consumer does not make this payment, the agency will request that it be made within a reasonable time frame.

The client must pay the full amount at least 45 days prior to the start of the stay.

After the full payment, the client will receive by regular mail or email (PDF documents or a link to a customer area on our websites) the travel tickets, travel vouchers, or any other document necessary for the proper execution of the services included in the combined trip.

General Conditions of the Combined Travel Contract

Booking the Combined Trip

1. Pre-contractual Information
   1. Before the traveler becomes bound by any combined travel contract or related offer, the organizing agency or, where applicable, the retail agency, will provide the traveler with the standardized information form for combined travel contracts, as well as other travel details and information in accordance with current legislation.
      People with reduced mobility who wish to receive accurate information about the suitability of the trip in relation to their special needs, in order to assess the possibility and feasibility of booking the trip according to its characteristics, must inform the organizing agency or, where applicable, the retail agency of their situation, so that appropriate information can be provided.
   2. As per Regulation EC 1107/2006, a person with reduced mobility is understood to be any individual whose mobility for participating in the trip is reduced due to physical disability (sensory or locomotor, permanent or temporary), intellectual disability or deficiency, or any other form of disability, or due to age, and whose condition requires proper attention and adaptation of services provided to other participants in the trip.
   3. The pre-contractual information provided to the traveler according to sections a), c), d), e), and g) of Article 153.1 of Royal Legislative Decree 1/2007 will form an integral part of the combined travel contract and will not be modified unless agreed upon by both the travel agency and the traveler. Before the combined travel contract is concluded, the organizing agency and, where applicable, the retail agency, will inform the traveler in a clear, comprehensible, and prominent manner about any changes to the pre-contractual information.
2. Information Regarding Applicable Provisions for Passports, Visas, and Vaccinations
   1. The agency has the duty to inform the traveler about the necessary health formalities for the trip and stay, as well as the conditions for travelers in relation to passports and visas, including the approximate time for obtaining visas, and will be responsible for the accuracy of the information provided.
   2. The traveler must obtain the necessary documentation to undertake the trip, including the passport, visas, and health-related formalities. Any damages resulting from the lack of such documentation will be at their expense, particularly the costs incurred due to trip interruption or potential repatriation.
   3. If the agency agrees to process the necessary visas for any of the destinations included in the itinerary, it may charge for the cost of the visa as well as management fees for the procedures with the respective diplomatic or consular representation.
   4. In this case, the agency will be liable for damages attributable to it.
3. Booking Request
   1. The traveler wishing to book a combined trip submits a “booking request.” Following this request, the retail agency or, where applicable, the organizing agency, undertakes to carry out the necessary actions to obtain the booking confirmation.
   2. If the traveler requests a customized combined travel proposal, the agency may require a payment for preparing the project. If the traveler accepts the customized combined travel offer provided by the agency, the amount paid will be applied to the price of the trip.
   3. If the agency has accepted to manage the booking, it will be responsible for technical errors in the booking system attributable to it and errors made during the booking process.
   4. The agency will not be responsible for booking errors attributable to the traveler or caused by unavoidable and extraordinary circumstances.
4. Booking Confirmation
   The combined travel contract is finalized with the confirmation of the booking. From that moment, the combined travel contract becomes binding for both parties.
5. Payment Schedule
   1. At the time of booking confirmation, the consumer must pay 30% of the total price of the combined trip, unless a different amount is specified in the combined travel contract.
   2. The remaining balance must be paid no later than 45 days before departure, unless a different payment schedule is established in the combined travel contract.
   3. If the traveler does not comply with the payment schedule, the agency may terminate the contract and apply the rules for cancellation by the traveler before the scheduled departure as outlined in Clause 13.

Applicable Rules for Combined Travel Services

1. Services
   1. The services included in the combined travel contract are based on the information provided to the consumer in the pre-contractual information and will not be modified unless expressly agreed upon by the travel agency and the traveler as provided in Clause 1.3.
   2. Before the trip begins, the travel agency will provide the traveler with receipts, vouchers, and tickets necessary for the provision of services.
2. Accommodation
   1. Unless otherwise stated in the pre-contractual information or the specific conditions of the contract:
   2. For countries with official classification of hotels or other types of accommodation, the brochure includes the tourist classification granted in the corresponding country.
   3. The room occupancy times depend on the rules established in each country and accommodation.
   4. Triple or quadruple rooms are generally double rooms with one or two additional beds, usually a sofa bed or a folding bed, except in certain establishments where two larger beds are used instead of additional beds.
3. Transportation
   The traveler must be present at the designated place for departure at the time indicated by the travel agency.
   Any loss or damage related to hand luggage or other items the traveler carries is solely at their own risk while under their custody.
4. Other Services
   1. In general, full board includes continental breakfast, lunch, dinner, and accommodation. Half board, unless otherwise stated, includes continental breakfast, dinner, and accommodation. Generally, these meals do not include drinks.
   2. Special diets (vegetarian or special regimens) are only guaranteed if they are listed in the special requirements accepted by the organizer in the combined travel contract.
   3. Pets are only allowed if they are listed in the special requirements accepted by the organizer in the combined travel contract.

Rights and Obligations of the Parties Before the Start of the Trip

1. Contract Modification
   1. The organizing agency may only modify the clauses of the contract before the trip starts if the change is minor and if the agency or, if applicable, the retail agency, informs the traveler of this change in a clear, understandable, and highlighted manner on a durable medium.
   2. If, before the trip begins, the organizing agency has to make substantial changes to any of the main features of the trip’s services or cannot fulfill a previously accepted special request from the traveler, the agency or, if applicable, the retail agency will inform the traveler without delay, clearly, understandably, and highlighted, on a durable medium. This communication will include:
      1. The proposed substantial changes and, if applicable, their impact on the price;
      2. A reasonable period for the traveler to inform their decision;
      3. A statement that if the traveler does not communicate their decision within the indicated period, it will be understood that they reject the substantial modification and, therefore, choose to resolve the contract without any penalty; and
      4. If the agency can offer it, the substitute combined trip and its price.
      5. The traveler can choose to accept the proposed modification or resolve the contract without penalty. If the traveler opts for contract resolution, they may accept a substitute combined trip offered by the organizing agency or retail agency, which must be of equivalent or superior quality if possible.
      6. If the contract modification or the substitute trip results in a lower quality or cost trip, the traveler is entitled to a corresponding price reduction.
      7. If the traveler opts to resolve the contract without penalty or refuses the offered substitute trip, the organizing agency or, if applicable, the retail agency will refund all payments made for the trip within a maximum of fourteen calendar days from the contract resolution date. The provisions in Clauses 2 to 6 will apply.
2. Price Revision
   Prices can only be increased by the agency up to 20 days before departure. Additionally, this increase can only be made to adjust the trip price according to the following variations:
   1. Applicable exchange rates for the organized trip.
   2. Passenger transport prices related to fuel or other energy forms.
      Tax levels or fees on travel services included in the contract, imposed by third parties not directly involved in the execution of the combined trip, including tourist taxes, landing taxes, and embarkation or disembarkation fees at ports and airports.
   3. The contract will specify the date on which these concepts were calculated so the traveler is aware of the reference date for price revisions.
   4. The organizing agency or, if applicable, the retail agency will notify the price increase to the traveler clearly and understandably, providing a justification for the increase and the calculation on a durable medium no later than 20 days before the trip starts.
   5. Only if the price increase exceeds 8% of the trip’s price, the traveler may resolve the contract without penalty. In this case, Clause 10 will apply.
   6. The traveler is entitled to a price reduction for variations in the concepts listed in sections a), b), and c) of Clause 11.1. In these cases, the organizing agency and, if applicable, the retail agency, will deduct the actual administrative expenses of refunding the traveler.
3. Transfer of Reservation
   1. The traveler may transfer their reservation to a person who meets all the required conditions outlined in the brochure, program, or combined travel offer and the contract.
   2. The transfer must be communicated, on a durable medium, to the organizing agency or, if applicable, the retail agency, at least 7 days before the trip’s start date, which may only charge the traveler for the actual costs incurred due to the transfer.
   3. In any case, both the traveler and the person to whom they transferred the reservation are jointly responsible to the agency for paying the remaining price, as well as any commission, surcharge, and other additional costs caused by the transfer.
4. Cancellation by the Traveler Before the Trip
   1. The traveler may resolve the contract at any time before the trip starts, in which case, the organizing agency or, if applicable, the retail agency, may require them to pay a penalty that is appropriate and justifiable (corresponding to any penalties in contracts with providers, adequately justified, and cancellation fees by Trinakria Tours, between 25 and 60 euros per person). If there is a specific contract for a trip, a different penalty may be specified. Only in the case of canceling the trip within the 24 hours before departure, Trinakria Tours foresees a loss of 100% of the trip’s amount.
   2. If the contract does not specify a typical penalty, the penalty amount for cancellation will be the combined trip price minus the savings and revenues derived from the alternative use of travel services.
      In such cases, the organizing agency or, if applicable, the retail agency, will refund any payment made for the combined trip, minus the corresponding penalty.
   3. However, if unavoidable and extraordinary circumstances arise at the destination or nearby areas that significantly affect the execution of the trip or passenger transport to the destination, the traveler may resolve the contract before it starts without penalty and with the right to a full refund of any payments made for the trip.
   4. These refunds will be made to the traveler, subtracting the corresponding penalty in section 1, within a maximum of 14 calendar days after the termination of the combined travel contract.
5. Cancellation by the Organizer Before the Trip
   If the organizing agency or, if applicable, the retail agency, cancel the contract for reasons not attributable to the traveler, they must refund the full amount paid by the traveler within 14 calendar days from the termination of the contract. The agency will not be liable for paying any additional compensation to the traveler if the cancellation is due to:
   1. 1. The number of people registered for the combined trip being lower than the minimum number specified in the contract, and the organizing agency or, if applicable, the retail agency, notify the traveler of the cancellation within the specified time, which will not exceed:
         1. 20 days before the start for trips of more than 6 days.
         2. 7 days for trips between 2 and 6 days.
         3. 48 hours for trips of less than 2 days.
      2. The organizer is unable to perform the contract due to unavoidable and extraordinary circumstances and notifies the traveler of the cancellation without undue delay before the combined trip starts.
      3. Right to Cancel Before the Trip in Contracts Signed Outside the Establishment
      4. In the case of contracts signed outside the establishment (as defined in Article 92.2 of Royal Legislative
      5. Decree 1/2007), the traveler may withdraw from the contracted trip for any reason without penalty, with the right to a full refund of the price paid for the trip, within 14 days after the contract is signed.

Rights and obligations of the parties after the start of the trip

1. Duty to communicate any lack of conformity with the contract
   If the traveler observes that any of the services included in the trip are not performed in accordance with the contract, the traveler must inform the organizing agency or, where applicable, the retail agency without undue delay, taking into account the circumstances of the case.
2. Correction of any lack of conformity with the contract and non-performance, as agreed in the contract, of a significant part of the travel services
   1. If any of the services included in the trip are not performed in accordance with the contract, the organizing agency and, where applicable, the retail agency, must correct the lack of conformity, unless it is impossible or involves disproportionate costs, considering the severity of the non-conformity and the value of the affected travel services. If the non-conformity is not corrected, the provisions of Clause 22 will apply.
   2. If neither of the above exceptions apply, and a lack of conformity is not corrected within a reasonable period set by the traveler or the agency refuses to correct it or requires an immediate solution, the traveler may correct it themselves and request reimbursement for the necessary expenses incurred to do so.
   3. When a significant proportion of the travel services cannot be provided as agreed in the contract, the organizing agency or, where applicable, the retail agency, will offer suitable alternative arrangements at no additional cost to allow the normal continuation of the trip and, also, when the return of the traveler to the point of departure cannot be made as agreed.
   4. These alternative arrangements should, if possible, be of equivalent or higher quality, and if they are of inferior quality, the organizing agency or, where applicable, the retail agency, will apply an appropriate reduction to the price.
      The traveler may only reject the alternatives offered if they are not comparable to what was agreed in the combined trip or if the price reduction is inadequate.
   5. When a lack of conformity substantially affects the execution of the trip and the organizing agency or, where applicable, the retail agency has not corrected it within a reasonable period set by the traveler, the traveler may terminate the contract without paying any penalty and, where applicable, request both a price reduction and compensation for any damages caused, in accordance with Clause 22.
   6. If it is impossible to find alternative travel arrangements, or if the traveler rejects them because they are not comparable to what was agreed or the price reduction offered is inadequate, the traveler will be entitled both to a price reduction and compensation for damages, without terminating the combined travel contract, as outlined in Clause 22.
   7. In cases detailed in sections 4 and 5 above, if the combined trip includes passenger transport, the organizing agency and, where applicable, the retail agency, are also obliged to offer repatriation to the traveler in equivalent transport without undue delay and at no additional cost.
3. Inability to guarantee return as originally planned due to unavoidable and extraordinary circumstances
   1. If it is impossible to guarantee the return of the traveler as originally planned due to unavoidable and extraordinary circumstances, the organizing agency or, where applicable, the retail agency, will assume the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveler, unless a different period is established in European passenger rights regulations.
   2. The cost limitation set forth in the previous section will not apply to persons with disabilities or reduced mobility (as defined in Clause 1.2 above) or their companions, pregnant women, unaccompanied minors, or persons requiring specific medical assistance, if their particular needs have been communicated to the organizing agency or, where applicable, the retail agency at least 48 hours before the start of the trip.
4. Duty of collaboration by the traveler for the normal development of the trip
   The traveler must follow the instructions provided by the organizing agency, the retail agency, or their local representatives for the proper execution of the trip, as well as comply with regulations generally applicable to users of the services included in the combined trip. In particular, during group trips, the traveler must respect other participants and maintain behavior that does not hinder the normal development of the trip.
5. Duty of assistance by the agency
   The organizing agency and, where applicable, the retail agency, are obliged to provide adequate and timely assistance to the traveler in difficulty, especially in cases of extraordinary and unavoidable circumstances.
   Specifically, such assistance must consist of:
6. Providing appropriate information about healthcare services, local authorities, and consular assistance, and
   Assisting the traveler in establishing remote communications and helping them find alternative solutions.
   If the difficulty was caused intentionally or due to the negligence of the traveler, the organizing agency and, where applicable, the retail agency, may charge a reasonable fee for this assistance to the traveler. This fee cannot exceed the actual costs incurred by the agency.
7. Contractual liability for defective performance or non-performance
   1. Liability of travel agencies
      The organizing agency and the retail agency are jointly liable to the traveler for the proper fulfillment of the combined travel contract.
   2. The party liable to the traveler has the right of recourse against the operator responsible for the breach or defective performance of the contract, depending on their respective scope of management of the combined trip.
   3. The organizing agency and the retail agency are responsible for the services included in the trip, whether they perform them themselves or through their agents or other service providers.
8. Right to price reduction, compensation, and limitations
   The traveler is entitled to a reasonable price reduction for any period during which there was a lack of conformity.
   The traveler is entitled to receive appropriate compensation from the organizer or, where applicable, the retailer for any harm or damages suffered as a result of any lack of conformity with the contract.
9. The traveler is not entitled to compensation if the organizer or, where applicable, the retailer can prove that the lack of conformity is:
   1. Attributable to the traveler;
      Attributable to a third party not involved in the provision of the contracted services and unforeseeable or inevitable; or
      Due to unavoidable and extraordinary circumstances.
      When the services of the combined travel contract are governed by international agreements, the limitations regarding the scope or conditions of compensation payments for service providers included in the trip will apply to the organizing and retail agencies.
10. When the services of the combined travel contract are not governed by international agreements: (i) contractual limitations on compensation for personal injury or damages caused intentionally or by negligence will not apply, and (ii) other compensation payments will be limited to three times the total price of the combined trip.
11. The compensation or price reduction granted under Royal Legislative Decree 1/2007 and that granted under regulations and international agreements listed in Article 165.5 of the same Royal Legislative Decree 1/2007, will be deducted from each other to avoid over-compensation.
12. Claims and actions derived from the contract
    Applicable law
    This combined travel contract is governed by the agreement between the parties and by these general conditions, applicable regional regulations, and the provisions of Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, and other complementary laws.
13. Claims to the agency
    Without prejudice to the legal actions available, the traveler may submit written claims for non-performance or defective performance of the contract to the retail agency and/or the organizing retail agency, at the postal addresses and/or email addresses provided by the travel agencies for such purposes.
    The agency must respond in writing to the claims within a maximum period of 30 days.
14. Alternative dispute resolution
    At any time, the consumer and the agency may seek mediation from the competent administration or the bodies established for this purpose to reach a satisfactory solution to the conflict for both parties.
    The consumer may direct their claims to the relevant Consumer Arbitration Board. The conflict may be submitted to arbitration if the claimed agency has previously adhered to the consumer arbitration system (in which case the agency will notify the consumer accordingly), or if the agency, despite not being adhered, accepts the consumer’s arbitration request.
    Claims involving intoxication, injury, death, or reasonable evidence of a crime cannot be subject to consumer arbitration.
    In case of consumer arbitration, the award issued by the arbitration tribunal appointed by the Consumer Arbitration Board will resolve the claim definitively and will be binding for both parties.
15. If the organizing agency and/or, where applicable, the retail agency, are members of any alternative dispute resolution system or are obligated to do so by any regulation or code of conduct, they will inform the traveler of such circumstances before the conclusion of the combined travel contract.
16. Judicial actions
    If the dispute is not subject to consumer arbitration, the traveler may claim judicially.
    Judicial actions arising from the combined travel contract will prescribe after two years.
17. Personal data processing
    1. We inform you that your personal data will be processed by “TRINAKRIA TOURS SL” for the purpose of managing files for the professional practice of law; maintaining the contractual, commercial, and professional relationships we have with you; and, if you consent by marking the corresponding box, sending you commercial communications that may be of interest to you.
    2. We inform you that, to carry out these tasks, your data may be shared with relevant public organizations, professional associations, public registers, notaries, and the banking institutions we work with.
       These data treatments are necessary for the execution of the contract with your company and for the satisfaction of the legitimate interest pursued by both parties.
    3. You may freely oppose receiving commercial communications without this affecting the execution of the contract.
       We also inform you that your data will be kept while the business relationship lasts or during the periods established by tax legislation.
    4. You may exercise your rights of access, rectification, cancellation, opposition, portability, and limitation of the processing of your data by contacting TRINAKRIA TOURS S.L., Plaça de Sant Agustí Vell 16, 08003 Barcelona, or at info@shinesicily.com or info@trinakriatours.com, accompanied by a copy of your ID to duly verify your identity. In any situation, you have the right to file a complaint with the Spanish Agency for Data Protection (AEPD).