general terms and conditions
The holidays experiences featured on are operated by OWN Experiences, S.L., 'the Operator' of Paseo Manuel Girona 67, 08034 Barcelona, Spain, which is registered in Spain under Tax ID number B65913964 and under Travel Agent Licence number GC-002781., the “Operator”. The following conditions, together with the relevant information set out your brochure or Experience Itinerary will form part of your contract with the Operator.
Please read them carefully before you book.
1. Booking your holiday
(a) Our aim is to provide exactly the right holiday to suit the Client requirements. You can call us in Spain on +34 620 87 10 11 or email: firstname.lastname@example.org and we will tailor make an itinerary for the Client and provide you with a price per person.
(b) To secure your booking, you should complete and sign the OWN Experiences Booking Form, and send it to the Operator with a deposit of 30% of the total holiday cost. If you are booking within 30 days of departure, then full payment is required. Payment can be made by Bank Transfer or by most major credit cards. If for any reason we do not accept your booking your deposit will be returned.
(c) We will ask you at the time of booking to provide us with your name and surname as shown in your passport as well as the title, and the passport number, and confirm the number of members in your party.
(d) Special Requests, such as diet, disability, type and bedded room, or any particular need that are an important factor in the choice of holiday, should be indicated or made by writing on the Booking Form. We will pass your request on to the suppliers but cannot guarantee that it will be accommodated. The Operator will try to arrange for Special Requests to be met, but cannot guarantee 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.
(e) On receipt of your signed Booking Form and the correct deposit we will book your arrangements and issue a Confirmation of the Bookings and a Proforma Invoice for the deposit. When you make a booking you are confirming that you understand our booking conditions and have accepted them on behalf of the Client and all members of its party. All contracts with OWN Experiences, S.L. are subject to these booking conditions.
(f) It is important for you to check the details on the Confirmation of the Bookings as soon as you get it. In the event of any discrepancy please contact us immediately. If you arrange your holiday direct with the Operator all correspondence and other communications will be sent to the e-mail address of the first person named on the Booking Form unless you specify otherwise.
(g) If the booking is made through a travel agent or hotel, the Operator will address all communications and invoices to that travel agent or hotel, who will act as agent for the Client in regard to all communications from us to the Client. All monies paid by the Client to a travel agent under or in contemplation of this contract will be held by the travel agent for the Operator until such monies are forwarded to the Operator.
(h) The balance is due 30 days before departure. If it is not paid in time, we reserve the right to cancel your travel arrangements and retain your deposit.
2. Amendments & cancellation
(a) Amendments by you
The Operator will make every effort to assist you if you wish to alter your arrangements, but it may not always be possible. Requests for an amendment must be in writing, signed by the signatory of the Booking Form. If it is possible to make the amendment, it will be subject to an amendment charge of € 50 per booking, together with all communication charges or other expenses incurred by the Operator as a result of the change. These charges will be payable whether or not the Operator succeeds in confirming your requested amendment. Please note that save for the transfer of a booking (see below), it will not be possible to make changes within 14 days of your departure date. Your request may be treated as a cancellation and re-booking and the normal cancellation charges detailed in clause (b) below will apply dependent upon the conditions imposed by our suppliers.
If you are unavoidably prevented from taking your holiday, by reason of, for example, illness, redundancy, unavoidable work commitments or serious illness it may be possible to transfer your booking to another person, provided that:
(i) If you request a transfer in writing, you must allow reasonable time for the changes to be communicated to, and accepted by, the supplier.
(ii) Your request is accompanied by documentary proof of the reason for the transfer, any tickets or vouchers received from the Operator, full detail, of the person who will replace you, any balance due for the booking and the appropriate administration fee (see below).
(iii) Your replacement agrees to be bound by these booking conditions. The administration fee will be € 50. 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 holiday charges.
(b) Cancellation by you
All cancellations must be advised in writing, signed by the signatory of the Booking Form and sent to the Operator by mail at email@example.com. Cancellations are effective on the day they are received by the Operator. Recorded delivery is strongly recommended. Since we incur costs in cancelling your travel arrangements, the following cancellation charges will be payable, depending upon the number of days prior to departure the Operator receives your notice of cancellation.
Written Advice of Cancellation Received:
More than 30 days: Loss of deposit
15 - 30 days: 50% of total holiday cost
14 - 8 days: 80% of total holiday cost
Within 7 days: 100% of total holiday cost
We strongly recommend that you secure adequate travel insurance, which should in most cases include cover, under certain circumstances, against loss of deposit or cancellation fees, at the time of booking.
(c) Re-booking following a cancellation
Should you wish to cancel a holiday and re-book an alternative this will be subject to the cancellation terms within these booking conditions. OWN Experiences may use their absolute discretion however to transfer some or all of any monies already paid by you to the alternative booking. If the alternative booking requires a greater deposit than has already been paid then the balance between what is required as a deposit and any deposits already paid becomes due.
(d) Accuracy of information
We check the information that we provide about our holidays very carefully. However, tour, excursion and other itineraries may change as a result of local conditions. Circumstances such as these, or weather conditions, may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long term changes we will always endeavour to advise you prior to your departure.
In the event of any delay to your outward please contact with Own Experiences or your travel agent for the coordination of your arrival at the new schedule time. In case of any delay in your homeward journey, Own Experiences, or their appointed agent, will do everything possible to assist you.
(f) Amendments by the Operator
Great care is taken to ensure that the description and prices given in our brochures and Experience Itineraries are accurate at the time of publication. However, changes can occur, and the Operator reserves the right to change any of the details in operator literature, including prices, in which case the Operator will advise you of any such change before accepting your booking. After a Confirmation of the Booking has been issued, the Operator makes every effort to operate all holidays as advertised. We plan arrangements using independent suppliers such as hotels, local transport operators and guides, over whom we have no direct control. In very rare circumstances, the Operator may have to modify a holiday before you depart. Most of these changes are minor. However, if we consider them a material change we will notify you or your travel agent as soon as reasonably practicable. A material change includes a change of an activity or a change to a lower standard accommodation, and/or price. In the case of a material change before your departure we will provide you with other alternatives. You may accept the modification, you may change your booking to another comparable holiday, or you may cancel and receive a full and prompt refund. If you choose another holiday which is more expensive you must pay the difference, but if it is cheaper, the Operator will make the appropriate refund.
Force majeure means unusual and unforeseeable circumstances beyond the Operator's control or the control of our suppliers, the consequence of which neither the Operator nor its suppliers could avoid even with all due care, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity, industrial dispute, unavoidable technical problems with transport, power failure, changes imposed by rescheduling or cancellation of flights, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, epidemics or outbreaks of illness and level of water in rivers. If there is a minor change before you depart (that is, any change not included in the definition of a material change set out above), the Operator will try to notify you, although it is not obliged to pay any compensation. lf the Operator becomes unable to provide a significant proportion of your holiday after it has commenced, every effort will be made to provide suitable alternative arrangements, which will be made for you at no extra charge to you (save in the case of force majeure) or, alternatively, you will be returned to your point of departure with the Operator and the Operator will, where appropriate, pay compensation. No compensation is payable in the case of force majeure.
(g) Cancellation by the Operator
We reserve the right in any circumstances to cancel your holiday for any reason. However, we will not cancel your hotel arrangement less than 30 days 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 at least 30 days before departure, the Operator will treat your booking as cancelled and levy the cancellation charges set out in clause 2(b). If the Operator is obliged to cancel your holiday in any other circumstances before departure, the Operator will use its best endeavours to offer alternative arrangements of equivalent or very closely similar standard and price, if available; travel arrangements of a lower standard and a refund of the difference in price; or will give you a full and prompt refund of all monies paid.
3. Own experiences price policy
(a) All prices are based in € EUROS.
(b) The Operator is under no obligation to give a breakdown of the costs involved in a holiday.
(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) The price of your travel arrangements can be varied due to changes in transportation costs such as fuel, dues, taxes, ports and airports fees, Government taxes or changes in VAT may also vary the price after you have booked. In the case of any variation equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations this 2% will still be absorbed for increases but not retained from refunds. You will be charged for the amount over and above the 2% increase. 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 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 select full payment option on the Booking Form and you will receive the Confirmation of the Booking and the Invoice within 7 days of the date when the Booking Form was signed and sent to the Operator.
4. Responsibilities of the Operator
(a) The Operator applies all reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain the appropriate standards.
(b) The descriptions and information given our brochures and Holidays Plans or on the website by the Operator in respect of hotels, transports, guides and other suppliers whose services are used are given in good faith, based on the latest information available at the time of issuing. The Operator accepts liability for any loss you may suffer if due to fault on our part, or that of our agents or suppliers, any part of the holiday arrangements you book with the Operator at your arrival is not as described in our brochure or Experience Itinerary or not of a reasonable standard. The Operator limits its liability in respect of these claims to a maximum of the holiday cost. Subject to the conditions set out below, The Operator also accepts liability if you or any member of your party suffers death or personal injury as a direct result of these holiday arrangements failing to be as described and of a reasonable standard. However, these acceptances of liability do not apply if there has been no fault on the part of the Operator or its servants, agents, or suppliers and the loss, death or personal injury suffered is attributable to your own acts or omissions or to the acts or omissions of a third party not involved in providing the services which make up your holiday, or to unusual or unforeseeable circumstances or events which could not have been anticipated or avoided by the Operator or its servants, agents or suppliers even with the exercise of all due care. They are also conditional upon you following the procedures for notification of complaints set out in clause 11, and upon you assigning to the Operator any right you may have against any other person whose acts or omissions have given rise to the Operator's liability.
(c) The Operator's liability to compensate you and the amount of such compensation is subject to the following limitations. First, in the case of damage other than death, illness or personal injury, compensation is restricted to a reasonable amount having regard to such factors as, inter alia, the holiday cost and the extent to which the enjoyment of your holiday can be said to have been affected. Second, if any failure in your holiday arrangements relates to, or if you or any member in your party is killed, injured or becomes ill during or as a result of, carriage by aircraft, ship, train or coach forming part of the holiday arrangements booked with us before your departure from Spain, our liability to pay compensation and/or the amount of compensation we will pay is limited in accordance with the liability of the carrier under any international convention which governs such services: in respect of carriage by air, the Montreal Convention 1999 or the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the Montreal Additional Protocol of 1975) caused by an accident which takes place on-board the aircraft or in the course of any of the operations of embarking or disembarking; in respect of carriage by sea, the Athens Convention 1974; in respect of rail carriage, the Berne Convention 1961; and in respect of carriage by road the Geneva Convention 1973. The terms of these conventions are incorporated into and form part of your contract with us. You can get copies of the relevant conventions if you ask us for them. You should also note that these conventions may limit or remove the carrier's liability to you and the amount which the carrier has to pay you. You should also know that the carrier would rely upon its 'conditions of carriage’, which may limit or remove the carrier's liability to you and limit compensation under international conventions.
(d) Our suppliers (such as accommodation or transport providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the relevant transport provider's or other supplier's liability to you. You can get copies of such conditions from our offices, or the offices of the relevant supplier.
(e) If we make any payment to you or any member of your party for death, personal injury or illness, you must co-operate fully with us in seeking recovery of any payment we make.
(f) Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. OWN Experiences has no control over such decisions, and is therefore unable to accept responsibility for them. Where, as a result of circumstances beyond our control we are obliged to change or end your holiday after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. You must have adequate travel insurance for your holiday and should claim via your insurance company for any loss or damage to luggage and/or personal possessions. In the event that any claim is made directly with us, our liability to pay compensation and/or the amount of compensation will be limited in accordance with the conventions referred to in (c) above.
(g) If you suffer death, injury or illness during your holiday arising out of an activity which does not form part of the inclusive arrangements booked with the Operator, the Operator will offer assistance where appropriate and in its sole discretion.
5. Your responsibilities
(a) Before making a booking, we advise you to check advice issued by the Ministry of Foreign Affairs of Spain by accessing the website: www.exteriores.gob.es. General information concerning passport and visa requirements applicable to Schengen Visa is set in this website. It is your responsibility to obtain all documents required for your holiday, including passports, visas 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 holiday as planned because of incorrect or missing personal documents, or any other failure to meet passport, visa or immigration requirements
(b) It is important that you check the details on your Confirmation of the Booking when you receive it. In the event of any discrepancy, you should contact the Operator or your travel agent.
(c) Approximately 7 days before departure you or your travel agent will receive all the detail information concerning your Holiday. Please ensure that you check the names and timings carefully and contact us immediately if you have any queries.
(d) 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.
(e) 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 behaviour is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen no refund or compensation would be paid.
(f) 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.
(g) 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 the Operator will automatically debit your credit card to the value instructed by the supplier for any such costs and/or charges.
It is a condition of booking 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 organised 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 undertake any other dangerous or sports activities during your holidays. Please keep your insurance details with you whilst on holiday.
7. Airlines & other suppliers
(a) As between you and the suppliers of the transport, accommodation and other components making up your holiday, the conditions of the supplier will apply. These conditions may be subject to international Conventions which limit and/or restrict the suppliers' liability. 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 publicised 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 holiday cost from the Operator. Your rights to compensation from the Operator is set out in clause 2(f). If your airline does not acknowledge your rights, you should complain to the Civil Aviation Authorities on www.seguridadaerea.gob.es
(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) 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.
Please note that when you book an excursion locally you contract with the local company providing that excursion and not the Operator. The Operator has no legal liability for anything that goes wrong on such an excursion and any claim, which you might have arising out of the excursion, will be against the relevant local company and subject to the local company's terms and conditions. The Operator will, at its discretion, offering advice, guidance and assistance if you or any member of your party suffers any injury arising out of an activity which does not form part of your holiday with the Operator, or an excursion arranged locally.
9. 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. We must pass the information on to the relevant suppliers of your travel arrangements such as 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. 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 Operator by mail.
(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 is 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 5(g) 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.
10. Illness and disability
If you or any member of your party suffer from a disability or other medical condition please tell us before you book. OWN Experiences is happy to give you advice and to try to assist you in choosing a holiday that will meet your requirements. In order to assist you we must be provided prior to booking with full written details regarding your medical condition and any special requirements that result from this.
11. If you have a problem
(a) If you are unhappy with any aspect of the Operator's arrangements while you are on holiday, you must address your complaint immediately to the Operator or to the Operator's local representative 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) In the rare event of a dispute, which cannot be settled amicably, it may (if you wish) be referred to arbitration by arrangement with the Agencia Catalana del Consum. Full details can also be obtained from the website www.consum.cat.
12. Governing law
This contract and any matters arising from it are governed by the laws of Spain and are subject to the jurisdiction of the Courts of Barcelona.
Every effort is made to ensure that the details, description and prices contained in operator literature are correct, based on 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 holiday whereby advertised facilities can sometimes become unavailable at short notice due to inclement weather conditions, emergency repair works etc.
14. Pricing policy
The prices shown in operator literature are per person in € EUROS based on the number of attendants. If we are quoting a price for a tailor made holiday, the total price quoted will include all customers and any special offers that we are making at that time.
15. What your holiday price includes
The services included in your holidays are specified in your brochure or Experience Itinerary.
16. Your holiday price does not include
Passport or Visa costs, porterage & holiday Insurance, flights from your origin to Spain and return, meals except where specified in the itinerary as menu and not table booking, sightseeing tours except where specified in the itinerary, personal expenditure on such items as drinks, laundry, room service, telephone calls etc., and discretionary gratuities to drivers, hotel staff, guides, restaurants, etc.