TERMS OF SALES
SpainTOP - Destination Management Company for Spain, Portugal, and Morocco
SpainTOP is registered as a Travel Agency in Madrid and is managed by the Company SpainTOP, Servicios Turísticos SL, with legal number ESB-85110690. SpainTOP is fully licensed as Mayorista-Minorista (wholesaler and retailer) with legal number CICMA 1440, given by the Official Council of Madrid region on February 17th, 2003. Its home office is in Alcala 180, Bajo D. 28028 Madrid. Spanish laws govern the general terms and conditions governing the relationship between traveler and their customer agenciesSpainTOP informs travelers that all reservation requests implies acceptance without reservation of the Terms and Conditions contained herein and the specific conditions that may apply to any specific program. The service or services covered by the contract between SpainTOP and the traveler will be defined in a Pro-forma document
1 RESERVATIONS AND PAYMENT
1.1 Booking will be registered only after receiving written confirmation of the customer (by mail or fax or email) and after immediate payment of a non-refundable deposit of 20% of the estimated total services indicated on the Pro-forma invoice. Balance to be paid 60 days before the program start date.1.2 All payments should be submitted to SpainTOP by either a valid credit card (visa or master card only) through our own website and the SSL link supplied, or via bank wire in Euros to our account. All payments will be made in Euros; SpainTOP can not be held responsible for exchange rate fluctuations between the euro and the currency of the traveler’s country.
2 SPECIAL PROVISIONS
SpainTOP can be brought within the framework of its mission to sign contracts on behalf of the customer with some of its suppliers (hotel reservations, rental of rooms or place for organizing parties, booking restaurants and transport, etc) in this case, SpainTOP will be obliged to notify the traveler of the special conditions of its service providers (payments, registrations, cancellations, changes.) in the event that the deposit should be paid for, under the booking, the customer agrees to pay the amount requested in the first request of SpainTOP. These payments will be listed separately on the Pro-forma invoice.
3 LIMITATIONS OF LIABILITY “ACT OF GOD”
SpainTOP cannot be held responsible if the program could not be operated regardless of the date of cancellation incases of force majeure. The following list is not exhaustive:
- Wars, in Spain or in the country of the client’s company.
- Demonstrations, fires, staff strikes, strike carriers (air, earth, iron, maritime)
- Natural disasters (floods, earthquakes, storms, etc. ...)
- Epidemics or PandemicsIn these circumstances, the services can be canceled at the request of the two parties.
In the case of “force majeure”, SpainTOP will attempt to obtain reimbursement of advance payments on behalf of the customer from different providers.
Any partial or total cancellation to the Customer initiative involves the application by SpainTOP of the following cancellation fees (unless special conditions of some of our suppliers)The traveler will be notified of any cancellation penalty that will be required by providers in the percentages listed below, which will be deducted from all refunds except the 10% corresponding to fresh records of SpainTOP.4.1 Total cancellation of the program.
In case of cancellation by the traveler, SpainTOP has the right to charge a cancellation fee according to the following terms:
- From Deposit payment up to 30 days before the start date, 20% cancellation fee
- From 15 to 29 days before the start date, 30% cancellation fee
- From 7 to 14 days before the start date, 60% cancellation fee
- 6 or fewer days before the start date, 100% cancellation fee
Once the program has started, no refund will be due, regardless of whatever reasons why any service is canceled or modified.
In case of total cancelation of the program because of “force majeure”, SpainTOP will be entitled to claim an amount equal to 10% of administrative expenses in addition to penalties of cancellation requested by providers. This 10% will be calculated on the grand total of the services included in the pro forma invoice to cover the time spent to implement the program.
4.2 Partial cancellation -
Penalties applicable outside special conditions of providers (such cancellation charges only apply on the individual costs per person and not on the overall costs)
- More than 60 days before the start of the program: the customer may cancel up to 20% of the total estimated without penalty beyond this percentage of 20% cancellation fee is 50% of the amount of the canceled individual services
- Between 59 and 30 days before the start of the program: the customer may cancel up to 10% of the total estimated without penalty above this percentage, the cancellation fee is 60% of the canceled individual services,
- Less than 30 days before the start of the program: the customer may cancel up to 5% of the estimated total without penalty above this percentage, the cancellation fee is 80% of the amount of the canceled individual services,
- Less than 8 days: 100% cancellation fee
5. INSURANCE AND WARRANTY
SpainTOP reminds travelers that they should ensure that they fulfill the conditions for entry into the territory following the Spain legislation. (Vaccines, updated passport, etc)SpainTOP is ensured in accordance with Spanish legislation for travel agents by the insurance company Zurich and has a bank guarantee with the Banco Popular Español. We strongly recommend our customers to personally contract an insurance policy covering the use of assistance, cancellation and lost luggage. The customer, individual, or group leader must be informed by the organizing travel agency.
Any complaint should be issued on spot, immediately, and in writing in order to allow us to solve the problem on-site. In cases where this cannot be done, the detailed claim must be sent by mail within 14 days of the end of service. After this period, no claim will be accepted.
In case of dispute, the Commercial Court of Madrid, Spain, will be the sole jurisdiction. Each party shall be governed by the jurisdiction of that court. Spanish law is the only application.