Selling Conditions

toptourisme is an Internet domain and a registered trademark of Toptourisme Spain S.L.. The technical organisation of the stays and trips offered on our website is the responsibility of TOPTOURISME SPAIN S.L.Barcelona S.L .

• Tel. No.: (+34) 93 487 42 47
• Fax No.: (+34) 93 467 38 96
• Email: info@toptourisme.com
• A Limited Company with a capital of 61000 euros.
• Spanish Tax Identification No. (NIF): B65402636
• Spanish Travel Agent Licence No.: GC 1553
• Member of the ACAV (Catalan Association of Travel Agents)
• Number of the Guarantee contracted with Seguros Catalana Occidente: N-04249832-E
• Insurance against Civil Liability contracted with the insurance company Winterthur, Policy Number 53-00934136. Helpline: (+34) 902 30 30 12.

GENERAL TERMS AND CONDITIONS

1. Booking request

The consumer who wishes to contract a package holiday makes a "booking request". Once made, the retail agency or, where appropriate, the organising agency, undertakes to carry out all the steps required to obtain the confirmation of the booking, in accordance with the availability and the dates specified in the booking request.

If the customer requests a customised package holiday, the agency may request the payment of an amount for the development of the project. If the consumer accepts the package holiday offer developed by the agency, and the latter is able to guarantee the services included therein, the sum paid will be charged to the price of the trip. If the agency is unable to guarantee the services, it shall refund the amounts paid by the consumer.

2. Booking confirmation

The confirmation of the booking finalises the package holiday contract. From that time onwards, both parties are legally bound by the terms and conditions of the package holiday contract.

3. Payment of the Price

At the time of the finalisation of the contract the consumer must pay a sum that is equal to at least 40% of the price of the package holiday or, where applicable, must pay the difference between that amount and the amounts already paid. If the consumer fails to make the said payment, the agency will order him/her to make it by the reasonably short deadline it fixes for that purpose. The rest of the price must be paid when the agency offers the consumer the transport tickets, travel vouchers or any other document that is indispensable for the adequate provision of the services included in the package holiday. If the consumer fails to make the said payment, the agency will order him/her to make it by the deadline it fixes for that purpose. If no deadline is fixed, it shall be understood that the payment must be made at least 30 days before the departure. In the case of bookings made directly via the webpage, the consumer must pay 100% of the price of the trip, since the travel tickets and vouchers will be provided immediately, online.

If the consumer fails to make any one of the payments stated above by the corresponding deadlines, the agency shall be entitled to terminate the contract and apply the regulations provided for its withdrawal from the contract prior to the departure.

4. Services

The services included in the package holiday contract are those included in the information provided to the consumer on the webpage or programme, as well as the instructions regarding the said information provided when confirming the booking.

Nevertheless, the organising agency reserves the right to modify the information contained on the webpage before the contract is finalised. In order to be valid, the changes to the said information must have been communicated, clearly and in writing, to the consumer.

5. Accommodation

Unless otherwise stated in the brochure or in the specific conditions:

a) In the case of countries that have an official classification system for hotels or any other kind of accommodation, the brochure will show the tourist classification granted in that country. In the case of countries that do not have an official classification system, the category shown in the brochure is provided as guidance only. In any event, the agency must ensure that, in as far as possible, the classification used corresponds to the expectations that it reasonably creates in a Spanish consumer.

b) The hotel check-in and check-out times depend on the regulations established in each country. In general, you may use the room as of 2 pm on the day of arrival and you must vacate it before noon on the day of departure, regardless of the scheduled time of arrival at the hotel or of your onward journey.

c) The rooms or triple or quadruple cabins are generally double rooms with one or two added beds. Those added beds are often sofa beds or foldable beds, except in certain establishments in which instead of additional beds two larger beds are used.

6. Transport

1. The consumer must be at the indicated place of departure as much time in advance as instructed by the agency or, otherwise, by the brochure. As a general rule, in the case of air travel the traveller must be at the place of departure a minimum of one and a half hours prior to the scheduled departure time.

2. If the consumer is unable to undertake the trip because of his/her failure to be at the point of departure enough time in advance, the regulations contained in section 14 regarding the failure of a consumer to show up at the time and place of departure or, where applicable, those contained in section 12 regarding the consumer’s withdrawal of the contract, shall apply.

3. The loss or damage of hand luggage or other objects that the consumer is carrying and which remain under his/her custody are the sole responsibility of the consumer.

7. Other services

1. As a general rule, the full-board option includes a continental breakfast, lunch, dinner and accommodation. The half-board option, unless stated otherwise, includes a continental breakfast, dinner and accommodation. As a general rule, those meals do not include drinks, which are payable by the consumer directly to the hotel.

2. Special diets (vegetarian or specific diets) are only guaranteed if they have been agreed by the parties in the specific conditions.

8. Modification of the contract

1. If at any time prior to the departure the consumer wishes to request changes regarding the destinations, the means of transport, the duration, the dates, the contracted travel itinerary or any other matter regarding the services, and the agency is able to make the said changes, it shall be entitled to charge the consumer for any justified additional costs incurred in making the changes. Likewise, it shall be entitled to charge the consumer a booking modification fee that shall not exceed 3% of the price of the trip, but with a minimum fee of 30 euros.

2. Prior to the departure, the agency shall only be entitled to make changes that are necessary for the successful completion of the package holiday and that are not significant. Necessary changes are considered to be significant when, according to the general or specific conditions of the contract, they prevent the adequate completion of the package holiday.

3. In the event that the agency finds itself obliged to make significant changes it shall immediately inform the consumer. The latter shall be given the choice between accepting the changes to the contract, which will state the said changes and their effect on the price, or terminating the contract. The consumer shall inform the agency of his/her decision within the three days following the day on which he/she was informed about the changes. If he/she fails to do so, it shall be understood that he/she has decided to terminate the contract.

9. Price revision

1. The agency shall only be able to revise the price, upwards or downwards, provided that the said revision takes place at least 20 days prior to the departure and that it is not significant, in other words, that it does not exceed 15% of the price of the trip. In addition, the said revision may only take place in order to adjust the amount of the price of the trip to changes in:

a) the exchange rates used for the organised trip.

b) the price of the transport included in the trip, including the cost of fuel.

c) the fees and taxes payable for certain services, like airport taxes, boarding fees, disembarkation fees and similar included in the price.

2. The revised price will be determined according to the exchange value of the currency of the destination country and the prices and taxes applicable on the date of the publication of the brochure.

In the event of circuits that include two or more countries, the reference exchange rate shall be that of the US dollar on that same date.

3. If the revision of the price implies an increase of more than 15% of the price of the trip, the agency will immediately inform the consumer thereof, and the latter shall be entitle to terminate the contract.

The consumer shall inform the agency of his/her decision within the three days following the day on which he/she was informed about the changes. If he/she fails to do so, it shall be understood that he/she has decided to terminate the contract.

10. The consumer’s rights in the event of the termination of the contract

1. In the event that the consumer, in keeping with the above sections, terminates the contract, he/she shall be entitled to choose between:

a) a refund, within a maximum period of one month, of all the amounts paid, or

b) another package holiday of equal of superior quality, provided that the agency is able to make such an offer. If the trip offered is superior in quality, the agency will not charge any kind of supplement. The consumer shall also be entitled to accept a trip that is inferior in quality, in which case the agency will deduct the difference in price.

2. In both cases, the consumer is entitled to claim the compensation payable in the event of the cancellation of the planned trip, as set out in section 13.

11. Transfer of the booking

1. The consumer shall be entitled to transfer his/her booking to a person who meets all the conditions required to undertake the package holiday set out in the brochure and in the contract.

2. The transfer must be communicated to the agency through any means and shall be free of charge provided that the agency is informed at least fifteen days prior to the scheduled departure date. If the consumer wishes to make the transfer on a later date, and the agency is able to accept it, the latter shall be entitled to charge the consumer a transfer fee which will not exceed 3% of the price of the trip, but with a minimum fee of 30 euros.

3. In any event, the consumer and the person to whom he/she has transferred the booking are jointly and severally liable to the agency for the payment of the rest of the price, as well as of any justified additional expenses that could have been incurred because of the transfer.

12. The consumer’s right of withdrawal

1. The consumer has the right to withdraw from the contract at any time prior to the departure. Not withstanding the foregoing, he/she shall have to pay a penalty according to the time left prior to the departure, equal to:

a) 15% of the price of the trip if more than 30 days prior notice is given, but with a minimum fee of 30 euros.

b) 30% of the price of the trip if between 30 and 21 days prior notice is given, but with a minimum fee of 45 euros.

c) 50% of the price of the trip if between 21 and 7 days prior notice is given, but with a minimum fee of 45 euros.

d) 50% of the price of the trip if between 7 and 4 days prior notice is given, but with a minimum fee of 45 euros.

e) 100% of the price of the trip if the withdrawal occurs within 48 hours of the scheduled departure.

f)     In any case, in the event of the cancellation of the admission tickets for any kind of sporting, leisure or cultural event, like football games or other matches, Formula 1 Grand Prix or MotoGP races, concerts, etc., 100% of the price will be payable.

2. The consumer will not have to pay any percentage whatsoever by way of

penalty if the withdrawal is caused by a force majeure event. For this purpose, a force majeure event shall be understood as the death, accident or serious illness of the consumer or one of the persons he/she lives with or any similar event that prevents the consumer from making the trip.

3. In all events, the consumer shall have to pay the handling and cancellation fees caused by the withdrawal.

4. The withdrawal takes effect as soon as the agency is informed of the consumer’s wish to withdraw from the contract.

5. Once the withdrawal is known, the agency shall refund the consumer any amounts paid, less the handling fees and, where applicable, the justified cancellation fees and penalties, within a maximum period of one month.

6. If the package holiday is subject to special financial contracting conditions, like charter flights, ships, special rates or similar, the handling fees, the cancellation fees and the penalties shall be those specifically stated on the webpage or those specifically agreed in the contractual document.

13. Cancellation of the trip by the organiser

1. The cancellation of the trip for any reason not attributable to the consumer gives the latter the right to terminate the contract in accordance with the rights set out in section 10.

2. If the consumer is informed of the cancellation of the trip within the two months prior to the departure, the agency shall have to pay the consumer compensation in accordance with the time left prior to the departure, equal to a minimum of:

a) 5% of the price of the trip if more than 15 days and less than 2 months prior notice is given.

b) 10% of the price of the trip if between 15 and 3 days prior notice is given.

c) 25% of the price of the trip if it is cancelled within 48 hours of the scheduled departure.

3. The agency shall not be obliged to pay compensation in the following events:

a) if the cancellation is due to the fact that the number of persons signed up for the trip is inferior to the required number stated in the brochure or in the package holiday contract.

If that is the case, the agency must inform the consumer, in writing, of the cancellation prior to the deadline stated in the brochure or contract.

In the absence of a deadline, the agency must inform the consumer of the cancellation at least ten days before the departure date.

b) if the cancellation of the trip is the result of a force majeure event. Force majeure events are circumstances beyond the control of the agency, that are abnormal and unforeseeable, and the consequences of which could not have been avoided, despite having acted with due diligence.

14. Failure to show up at the time and place of departure

1. Failure to show up at the time and place of departure shall be deemed to have occurred when the consumer has not informed the agency of his/her wish not to make the trip and does not show up at the time and the place foreseen for the departure.

In that event, the consumer loses the right to a refund of the amounts paid and shall continue to be obliged to pay any outstanding amounts.

2. Not withstanding the foregoing, if the failure to show up at the time and place of departure is the result of a force majeure event, the consumer shall be entitled to a refund of the amounts paid, less the handling and cancellation fees.

For this purpose, a force majeure event shall be understood as the death, accident or serious illness of the consumer or one of the persons he/she lives with or any similar event that prevents the consumer from making the trip and informing the agency thereof prior to the departure.

15. Shortcomings or lack of provision of services

1. If during the trip the consumer finds that there are shortcomings or that a contracted service is not provided, he/she should report the finding in situ, and should as swiftly as possible notify the organiser or retailer and, if applicable, the provider of the service in question. The notification must be made in writing or by any other means that can be recorded. Once the notification has been received, the retailer or organiser shall act with due diligence to ensure that a suitable solution is found.

2. If the consumer notifies the relevant parties in the timely and appropriate manner specified herein, the record of the notification shall exempt the consumer from the duty to provide subsequent evidence of the shortcoming, unless the organiser, retailer or service provider has proved, in the presence of the consumer, that the shortcoming does not exist or that it does not correspond to the specified characteristics, and that they have recorded it as such.

3. If the consumer fails to notify the relevant parties in the timely and appropriate manner specified herein, he/she will have to provide evidence for the alleged shortcomings in keeping with general evidence requirements and he/she will be liable for all the damages that occur or that are aggregated as a result of his/her lack of communication.

16. The organiser's impossibility to provide an important part of the services

1. The agency must adopt suitable solutions for the continuation of the trip if once it has started the agency does not provide, or finds it is unable to provide, an important part of the services foreseen in the contract.

An important part of the services foreseen shall mean those services which, if not provided, impede the normal course of the trip and lead to circumstances in which the average consumer of this type of trip cannot reasonably be expected to continue the trip.

2. The agency shall not be entitled to charge any supplements for the solutions adopted for the continuation of the trip and shall pay the consumer any differences between the services foreseen and those provided.

3. If the consumer expressly or tacitly accepts the solutions proposed by the agency, he/she shall not be entitled to any compensation whatsoever for the said modifications. It shall be understood that the consumer has tacitly accepted the said solutions if he/she continues the trip with the solutions provided by the organiser.

4. If the solutions adopted by the organiser are infeasible or the consumer does not accept them for reasonable reasons, the agency must:

a) provide him/her with a means of transport equivalent to the means contracted as part of the trip in order to return to the place of departure or to any other place agreed by the parties, provided the contract includes the return trip.

b) refund him/her the price paid less the cost of the services provided until the end of the trip, unless the shortcoming preventing the continuation of the trip is attributable to the consumer.

c) where applicable, pay him/her any compensation due.

17. Consumer's withdrawal during the trip

1. The consumer has the right to withdraw from the package holiday contract once the trip has started, but he/she shall not be entitled to claim the refund of the amounts paid and shall continue to be obliged to pay all outstanding amounts.

2. If the withdrawal occurs because the consumer has become ill or has had an accident preventing him/her from continuing the trip, the agency is obliged to provide him/her with the necessary assistance and, if applicable, to pay the difference between the services foreseen and those provided, less the corresponding, duly justified, cancellation fees.

3. In both cases, the consumer shall bear any additional costs incurred because of the withdrawal, and in particular the cost of repatriation or of the transport back to the point of departure.

>18. The consumer's duty to collaborate in the normal course of the trip

1. The consumer shall follow the instructions provided to him/her by the agency for the appropriate course of the trip, and shall abide by the regulations that generally apply to the users of the services included in the package holiday. In particular, when on group trips the consumer shall respect the other participants and shall behave in a way that is not prejudicial to the normal course of the trip.

2. The serious breach of those duties gives the agency the right to terminate the package holiday contract. In that event, if the contract includes the return journey, the agency shall provide the consumer with a means of transport that is equal to the one included in the trip in order to return to the point of departure or any other place agreed by both parties. In addition, the agency shall be entitled to any applicable compensation for the damages attributable to the consumer's conduct.

19. Distribution of liability

1. The organising agency and the retail agency shall be liable to the consumer for the adequate performance of the package holiday contract in keeping with the obligations they have in view of their respective areas of management of the package holiday.

2. The organising agency and the retail agency shall be liable to the consumer regardless of whether they themselves provide the services included in the package holiday or whether the said services are carried out by their assistants or other service providers.

3. The organising agency, as the party that plans the trip, shall be liable for the damages caused to the consumer as a result of the failure to provide, or the improper provision of, the services included in the package holiday, as well as for the damages caused by the failure to meet any other obligation that applies to its area of management in accordance with the applicable legislation.

4. The retail agency, as the party that sells or offers for sale the trip promoted by the organising agency, shall be liable for the damages caused to the consumer as a result of errors committed when informing the consumer about the package holiday, as a result of the omission of the information it should have provided to the consumer, as a result of the failure to provide the consumer with the documents necessary for the normal course of the trip and, in general, as a result of the failure to meet any other obligation which applies to its area of management in accordance with the applicable legislation.

5. When several different organisers and retailers are jointly involved in the contract, the liability between organisers or between retailers will be joint and several, regardless of their class or of the relationships between them.

20. Causes of the exemption of liability

In the following circumstances the organisers and retailers shall be exempt from liability:

a) when the shortcomings observed in the performance of the contract are attributable to the consumer.

b) when the shortcomings are attributable to a third party that is not involved in the provision of the services foreseen in the contract and if they are unforeseeable and insurmountable.

c) when the shortcomings in question are caused by force majeure events, which shall be understood as those circumstances that are beyond the control of whoever invokes them, that are abnormal and unforeseeable, and the consequences of which could not have been avoided, despite having acted with due diligence.

d) when the shortcomings are due to an event that the retailer or, where applicable, the organiser, could not have anticipated or overcome, despite having acted with due diligence.

21. The consumer’s duty to reduce the damages

In any event, the consumer is obliged to take appropriate and reasonable measures to try to limit the damages that could arise from the failure to perform or the improper performance of the contract or to prevent them from getting worse. The consumer shall be liable for the damages stemming from his/her failure to adopt the said measures.

22. The agency’s duty to assist

1. The organising agency and the retail agency, despite being exempt from liability, continue to be obliged to provide the necessary assistance to a consumer in difficulties.

2. The aforementioned duty to assist shall not be applicable when the damages that arise during the performance of the contract are exclusively attributable to the intentional or negligent conduct of the consumer.

23. The limits of liability of international agreements

>If the services of the package holiday contract are governed by international agreements, the compensation for bodily injuries and damages resulting from the incompliance or the improper provision of the services shall be subject to the limits established in the said agreements.

24. Limitation of liability for damages other than bodily injury

1. If the services of the package holiday are not governed by international agreements:

a) the compensation for damages other than bodily injury shall for all items be limited to the price of the trip, including the distress not stemming from a bodily injury and any refunds due.

b) the compensation paid by the organising agency for damages stemming from the loss of, or damage to, baggage shall be limited to 100 euros.

2. The limitations set out in the two previous sections shall not apply in the event that the agency or the service providers intentionally provoked the damages or acted recklessly, with the knowledge that the damages would probably occur.

25. Information about the regulations regarding passports, visas and injections

1. The agency is obliged to inform the consumer about the health formalities required for the journey and stay, as well as about the passport and visa requirements for EU citizens and shall be liable for the accuracy of the information it provides.

2. The consumer must obtain the documents required to make the trip, including the passport and visas and those regarding the health formalities. The consumer shall be liable for any damages stemming from the lack of the said documents, and in particular, for the costs caused by the interruption of the trip and his/her possible repatriation.

3. If the agency accepts the consumer’s request to process the visas necessary for certain destinations included in the itinerary, it shall be entitled to charge the consumer for the cost of the visa as well as the handling fees for the steps it has to take to obtain the visas from the corresponding diplomatic or consular representations.

In that event, the agency shall be liable for any damages attributable to it in view of the diligence usually due for delays in obtaining the necessary documents or for the lack or inadequacy thereof.

26. Liability in connection with air transport incidents

If the air transport company cancels a fight or incurs serious delays it shall be responsible for the provision of assistance to the affected passengers, and shall bear the costs of meals, calls, transport and overnight stays, if applicable, in accordance with the provisions of EC Regulation 261/2004, which establishes the common regulations on compensation and assistance to air passengers in the event of denied boarding and cancellations or long delays of the fights.

In the event that a flight is cancelled, it will also be obliged to pay the corresponding compensation to the passenger and, likewise, to refund the passenger the cost of plane ticket if that is the option he/she chooses. If the cancellation is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken, the airline responsible for the flight shall not be obliged to pay the compensation but will be obliged to provide due assistance to the affected passengers and to refund them the price of the ticket if that is their preferred option.

27. Liability for services not included in the package holiday

1. The contractual liability regulations of the package holiday do not apply to services like excursions, attendance at sporting or cultural events, visits to exhibitions or museums, or other similar activities that were not included in the overall price of the package holiday and that are of an optional nature, contracted by the consumer before or during the trip.

In those cases, the agency should inform the consumer of the optional nature of the service and of the fact that it is not part of the package holiday.

2. If the agency is involved in the contracting of those services its responsibility shall depend on the specific terms and conditions of the corresponding contract.

28. Applicable law and jurisdiction

This package holiday contract is governed by the agreements made between the parties and by the provisions of these general terms and conditions, of the autonomous regulations in force in the place of execution of the contract and, in the absence thereof, of Law 21/1995, of 6 July, which governs Package Holidays.

29. Complaints made to the agency

1. Without affecting his/her right to legal action, the consumer shall be entitled to send the retail agency a written complaint regarding the failure to perform or the improper performance of the contract within a maximum period of 30 days starting on the scheduled end date of the package holiday.

2. Within a maximum period of a further 30 days the organising agency or retail agency, according to the obligations they have in view of their respective areas of management of the package holiday, shall respond, in writing, to all complaints made within the aforementioned 30 day period.

3. At this stage, the consumer and the agency can request the mediation of the competent administration or the bodies set up for that purpose to help them resolve, together, the complaint in a way that is satisfactory to both parties.

4. If it is not possible to resolve the dispute by sending a complaint to the agency, the consumer shall be entitled to submit the dispute to consumption arbitration if the agency against which the complaint is made previously joined the consumption arbitration system, or, in any event, to take legal action.

30. Consumption arbitration

1. If the agency against which the complaint is made previously joined the consumption arbitration system, the consumer shall be able to send his/her complaints to the autonomous Consumption Arbitration Board of the city in which the contract was executed, in other words, in the city in which Toptourisme Spain S.L. is registered, in other words, in Barcelona.

2. Complaints involving poisoning, injuries, death or reasonable evidence of crime cannot be submitted to the consumption arbitration system.

3. Unless otherwise stated in the public offering of submission to the consumption arbitration system, the arbitration shall be the Law and the arbitration proceedings shall be governed by the provisions of Royal Decree 636/1993, of 3 May. They shall be limited to claims for an amount of less than 1000 euros per person and a total maximum of 5,000 euros per claim.

4. The decision taken by the arbitration tribunal appointed by the Consumption Arbitration Board to resolve the dispute shall be final and binding on both parties.

31. Legal action

1. If the dispute is not submitted to consumption arbitration, the consumer shall be able to take legal action through the courts and tribunals of the place of execution of the contract, in other words, of the city in which Toptourisme Spain S.L. is registered, in other words, Barcelona.

2. It will only be possible to sue the consumer before the courts and tribunals of the place of execution of the contract.

3. The legal actions stemming from the package holiday contract become statute-barred two years from the scheduled end date of the package holiday.

SPECIFIC CONDITIONS OF SALE AND GENERAL INFORMATION

By using the services contained on the website of toptourisme the user explicitly agrees to the following conditions of sale:

General conditions of the contract between toptourisme and the user or consumer:

1. The user affirms that he/she is of legal age (18 or over) and that he/she has the legal capacity required to contract the services offer by the suppliers on the toptourisme website. Likewise, the user acknowledges that he/she accepts to be bound by this agreement, and understands and accepts in their entirety the conditions set out herein for the use of this website and the contracting of the services it offers.

2. In order to contract the different services offered by toptourisme, such as tourist services or the sale of admission tickets for events, among others, offered on the toptourisme website, and in order to receive newsletters with information about offers, the user must register as a customer. For those purposes, the user declares that all the information provided when registering is truthful, complete and accurate, and that in keeping with Organic Law 15/1999 on the Protection of Personal Data, the person registering expressly authorises toptourisme to include the personal details contained in the different fields of the form in an automated file, since they are required for the adequate provision of its services. The Manager of the file shall be the company TOPTOURISME SPAIN S.L. (Calle Pau Claris 147, 4ª planta, 08009 Barcelona, telephone no.: 93 487 42 47, fax no.: 93 215 65 78, Email: info@toptourisme.com) for the purposes of exercising the rights to access, rectify, remove or object to the personal data as laid down by Law. Likewise, the user expressly authorises the disclosure of his/her personal data to third parties whenever necessary for the adequate provision of the services contracted, at all times in keeping with current regulations.

The user expressly consents to receive emails with publicity and offers from toptourisme and about the products and services that it sells or promotes. In case they wish to revoke their consent, toptourisme provides users with the contact details set out in the above paragraph.

The prices shown on the screen include the VAT and any other applicable taxes and shall be valid at all times, unless a typing error has occurred.

3. toptourisme has all the permits and licences required to operate as a travel agency.

4. All the contents, trademarks, logos, graphics, texts, etc. displayed on the toptourisme webpage are protected by intellectual and industrial property rights and are strictly reserved by toptourisme or, where applicable, by the persons or companies stated as the authors or holders of the rights. The violation of the aforementioned rights will be prosecuted in accordance with the legislation in force. Accordingly, it is strictly forbidden to copy, exploit, change, distribute or broadcast for whatever reason or by whatever means the totality of the content of the toptourisme website for purposes other than the legitimate information or contracting by the users of the services offered. In any event, the prior, written consent of toptourisme must be obtained.

5. The user acknowledges and accepts that this contract shall be governed by Spanish law. Any disputes arising from the interpretation or enforcement of these terms and conditions shall be submitted to the jurisdiction of the Courts and Tribunals of the city in which Toptourisme Spain S.L. is registered, in other words, Barcelona toptourisme reserves the right to make any changes that it deems necessary to the established terms and conditions. Any changes will be stated clearly on the toptourisme website.

6. toptourisme makes all reasonable efforts to ensure that the information on its website is accurate and that there are no typing errors. If at any point such an error were to occur, at all times for reasons beyond the will of toptourisme, it will be corrected immediately. If a typing error occurs in one of the prices shown and a customer has based his/her decision to purchase a product on that error, toptourisme shall inform the customer of the error and the latter shall have the right to cancel the purchase free of charge.

toptourisme accepts each and every one of the obligations and prohibitions imposed at any given time by the legislation in force regarding the exclusion or limitation of professional liability in the performance of the contract. In the absence of the aforementioned legal obligations and prohibitions, toptourisme shall not accept any liabilities whatsoever arising out of the lack of truthfulness, updating and accuracy of the details or information about offers, products or services, prices, routes, distances, features and any other details regarding the products or services offered or provided through the website by the suppliers of products or services or the organisers of package holidays.

7. By registering as a customer of toptourisme the user acknowledges and expressly accepts these conditions of sale. By contracting a specific tourist service offered by the suppliers of services or package holidays and shown on toptourisme, the user explicitly accepts the general conditions of contract of the supplier in question. The document in which the contract is executed shall be saved in a database that can only be accessed by TOPTOURISME SPAIN S.L., as the party responsible for the said database. The customer will be able to identify and correct any errors that occurred when entering his/her details by contacting toptourisme, by following the steps set out in Clause 2 of these conditions.

9. It is the user's responsibility to make sure that the details he/she provides are correct, especially the address for the delivery of the orders and documents, as well as the names of the passengers, which must be identical to the names stated on their ID cards or Passports. toptourisme shall not accept responsibility for problems or costs stemming from errors of the aforementioned nature.

10. If any one of the clauses included in these general conditions is held to be void or unenforceable in whole or in part, only that clause or the part of the clause that is held void or unenforceable shall be affected and shall be deemed to be omitted from these general terms and conditions, and all the remaining clauses shall remain valid and enforceable.

11. Aptitude for the trip. In view of the inherent difficulties of certain trips, stays or circuits, and the physical and psychic independence that they require, Toptourisme Spain S.L. reserves the right to reject any registration, including any participation that appears not to be suited to the contingencies of these types of trips, stays or circuits. Accordingly, the customer will have to provide a medical certificate of aptitude and it will not be possible to acquire the guarantee of the insurance company if it is found that the person's physical or emotional health does not enable him/her to make this kind of trip.

12. Baggage. Do not put jewellery, valuables (cameras, etc.) or medicine in your baggage.

13. Additional services. Certain additional services that are added to the accommodation, like the ski lifts in ski resorts or certain services for the admission to Caldea (Andorra ), cannot be part of a booking apart from a stay that included accommodation. Information about those services is provided in those places as guidance only to help the consumer in his/her search for information, and they cannot be booked directly by Toptourisme Spain S.L.

14. Animals. Beware! The large majority of hotels do not accept animals.

15. Distances. The distances given on the product information sheets on the toptourisme website are provided as guidance only, and the information provided to us by the hotels may be inaccurate.

16. Menus. The menus that may be shown on the toptourisme.com website are provided as guidance only, and may be changed without prior notice.

17. Tickets. In any case, in the event of the cancellation of the admission tickets for any kind of sporting, leisure or cultural event, like football games or other matches, Formula 1 Grand Prix or MotoGP races, concerts, etc., 100% of the price will be payable.

18. Contact details. If you would like further information, please contact our collaborators on telephone number: (0034) 93 487 42 47, or via email at: info@toptourisme.com.

CANCELLATION PROTECTION

• Clause 1 - Price
  Cancellation protection is available at the price of 24,00 euros per booking. That price is added to the total price payable and must be paid in full at the time of booking. The cancellation protection is not refundable.
• Clause 2 - Subject of the Protection
  The cancellation protection offers the client the refund of the booking for a package and/or entrance tickets when the final cancellation occurs between the booking date and two full working days prior to the arrival date (package start date).
• Clause 3 - Acceptance Conditions
  All reasons for the cancellation shall be accepted provided that the notification of the cancellation of the package is sent by fax to 0034 93 467 38 96 or by any other effective written means at least three working days prior to the arrival date (package start date).
• Clause 4 - Exclusions
  The price paid for the cancellation protection (24,00 euros), the transport tickets (plane, train, car, boat, etc.) as well as the administration fee (30 euros) shall not be refunded.