Terms and Conditions

The reservation of the activities, excursions and combined trips, products or services offered by ALBA RODRÍGUEZ SILGO, entity commercially known as PROGUIAS, TIC 53190510C, with address at Rúa do Rego, 6C, 5ºD, 15895, Milladoiro - Ames (A Coruña), implies the total acceptance of these general conditions.

Additional information and possible modifications (if any) will be reflected in the specific information for each product, which will be provided to the customer prior to contracting.

1. Legal regulations applicable to the package travel contract and acceptance of the General Terms and Conditions

These General Conditions are subject to the provisions of Royal Legislative Decree 1/2007, of 16 November, which approves the Consolidated Text of the General Law for the Defence of Consumers and Users; Directive 2015/2302, of 25 November, on package travel and linked travel services; as well as Royal Decree Law 23/2018, of 22 February, on the transposition of directives on trademarks, rail transport and package travel and linked travel services: and Law 7/1993 of 13 April 1993 on General Conditions of Contract.

2. Organisation

The products and services offered, as well as the activities and trips shown are organised by Proguías, legally constituted as a wholesale-retail travel agency (tour operator) in Ames (Galicia, Spain):

• Trade name / Brand name: Proguías
• Company name: Alba Rodríguez Silgo
• Title - Licence: XG-773
• Registered Office: R/ Rego 6C, 5ºD, Ames, 15895, Galicia, Spain
• TIC: 53190510C
• Telephone: (+34) 981 53 94 94
• e-Mail: [email protected]

We comply with all the legal, financial and insurance requirements required by law in Spain and the Autonomous Community of Galicia in terms of tourism.

Please note that Proguias, as a wholesale-retail travel agency (tour operator) can also sell products from wholesale travel agencies, acting as an intermediary between the wholesale agency and the end client. In this case the applicable conditions will be those of the said organiser and the user will be informed of them prior to contracting the service.

3. Definitions

For the purposes of these general terms and conditions, the following definitions shall apply:

• Product: excursions and package tours, activities, products or services offered by Proguías.
• Consumer or User: natural or legal person who acquires or consumes a product or tourist service of Proguías or who, as the final recipient, uses it or unequivocally manifests the demand for its use.

4. Pricing

All prices provided by Proguias are in Euros (EUR, €) and include applicable taxes.

The price of the product includes: return transport, when this service is included in the contracted product, with the type of transport, characteristics and category stated in the contract or in the documentation given to the consumer at the time of signing the contract. Accommodation in a double room (unless otherwise specified in the conditions of the product), hotel taxes or fees, as well as indirect taxes when applicable, and technical assistance during the trip, when this service is specifically included. Anything else that is further specified in the product.

The price of the product does not include: flights, visas, airport taxes, and/or entry and exit taxes, vaccination certificates, tips, "extras" such as coffees, wines, liquors, mineral waters, special diets - not even in the case of full board or half board - unless expressly agreed otherwise in the contract, washing and ironing of clothes, optional hotel services, and, in general, any other service that is not expressly included in the section "The product includes" or is not specifically detailed in the product, in the contract or in the documentation provided to the consumer.

In the case of adaptation of the product to the Consumer's requests or special offers, the price may be different from that expressed on the website or in advertising, and the services included therein shall be those specified in the contract.

The prices provided are per person under specific conditions described in each product.

4.1. Pricing review

All prices have been calculated on the basis of exchange rates, transport rates, fuel costs and taxes and duties applicable on the date of revision of these general conditions. Any variation in the price of the aforementioned elements may result in the final price of the product being revised upwards or downwards. When the modification is greater than 8% of the total amount, the consumer may accept the change or terminate the contract without paying any penalty. Under no circumstances will the price be revised upwards in the 20 days prior to the departure date of the trip, with respect to requests already made and confirmed.

4.2. Day trips

The 1-day excursions (unless otherwise stated in the specific excursion programme) include:

1. Round-trip transportation. Origin and destination at the location specified in the offer. Other locations may affect the original price.
2. Civil Liabilty Insurance
3. Technical assistance during the trip, when this service is specifically included in the detailed programme.
4. All other services and complements that are specifically specified in the detailed programme contracted or that are expressly stated in the package travel contract.
5. Management fees.

The excursions may include some entrance fees or activities, as long as these are expressly indicated in the excursion programme and specified in the corresponding contract.

4.3. Trips of two days or more (Vacation Packages)

The price of trips lasting more than 1 day and package tours include:

1. Civil Liabilty Insurance
2. Accommodation, in the board regime specified in each offer.
3. Air taxes, hotel taxes and indirect taxes (V.A.T., I.G.I.C.) when applicable.
4. Technical assistance during the trip, when this service is specifically included in the detailed programme.
5. All other services and complements that are specifically specified in the detailed programme contracted or that are expressly stated in the package travel contract.
6. Management fees.
7. The transports that are specifically indicated in the programme, with their respective points of origin and destination.

The excursions may include some entrance fees or activities, as long as these are expressly indicated in the excursion programme and specified in the corresponding contract.

5. Registration, payments and refunds

5.1. Registration

In order to contract Proguías products, it is necessary for the consumer or user to register before signing the contract. Registration can be initiated through the contact form on our website, by telephone or by email [email protected], and requires the acceptance of the General Terms and Conditions of Sale and the Privacy Policy. After obtaining the information, Proguías will contact the user or consumer to complete the details of the reservation.

Once the details of the required products have been agreed, the consumer will receive an email from Proguías with the following information:

• Proposed contract and period of validity.
• Details of how to confirm the booking.
• Terms and methods of payment.
• General conditions of the service.

The contracting of the product or products will be effective when the consumer or user makes the payment of the deposit/reservation within the deadlines mentioned in the contract.

If the previous point is not fulfilled, Proguías will proceed to the cancellation of the reservation. Once the process has been completed, the user or consumer will receive an email with the confirmation of the reservation and the contract and/or ticket attached.

In the cases of contracting products "in situ" (for example, in the case of 1 day excursions with less than 24 hours notice), the registration, reading and acceptance of the Conditions of Sale and the Privacy Policy, takes place at the moment of signing the final contract.

5.2. Advance payments

In the act of registration, Proguías may require a deposit that in no case will be higher than 30% of the total amount of the contracted product, issuing the corresponding receipt in which, in addition to the amount paid in advance by the consumer, the product requested is specified. The remaining amount must be paid at least 30 days before the date of departure.

In those cases in which, due to the special conditions of the service providers, the amount to be deposited is greater than 30%, an additional deposit will be requested, always informing the user prior to contracting the service. Once the deposit has been paid by the consumer or person authorised by the same, Proguías is authorised to issue any type of document that the product requires, subject to the special conditions of cancellation of the same.

If the total price of the product is not paid in the conditions indicated, it will be understood that the consumer desists from the product requested, and the conditions foreseen in sections 5.4 and 5.6 will apply.

5.3. Methods of payment

Proguías accepts the following forms of payment:

• Bank transfer to the account indicated in the contract.
• Credit or debit card.
• Paypal.

5.4. Refunds

All refunds for any reason whatsoever, will always be formalised through Proguías, and no refunds will be made for services not used voluntarily by the consumer. No refunds will be made in the following cases:

• That it is a "non-refundable" offer. This type of offer cannot be modified or cancelled.

No refund or reimbursement will be made for the non-use of any type of service included in the contracted product, in the event that the reason for the non-use is the direct responsibility of the customer:

• Delays or non-presentation at the time indicated for the start of the trip.
• Non-possession of the necessary and obligatory documentation for the trip and/or destination.
• Services not used voluntarily by the client, whatever the cause of non-use.
• Voluntary abandonment of all or part of the trip once it has begun.
• Inappropriate behaviour that puts the group or the organisers at risk and which obliges those responsible for the group to respond with the authority that corresponds to them.
• Other situations that are caused by the client and outside the control of Proguías.

5.5. Invoicing

In the event that the user needs an invoice for the product purchased, he/she may request it through [email protected]. To do so, the following information must be attached:

• Name and Surname or Company Name.
• Tax ID or VAT number.
• Address
• Contract or Receipt number of the product/s purchased.
• E-mail to send it to him/her.

5.6. Withdrawal by the consumer. Assignments and Cancellations of the product

5.6.1. Withdrawal

In the event that the contracting of the services is carried out outside the commercial establishment, the user will have a period of 14 days from the contracting, to exercise their right of withdrawal, without the need for justification and without any penalty whatsoever.

In accordance with article 92.2 of Royal Legislative Decree 1/2007, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, it is understood that the services are contracted outside the commercial establishment, only in the following cases:

1. Contracts concluded with the simultaneous physical presence of the trader and the consumer and user, in a place other than the trader's business premises.
2. Contracts in which the consumer and user has made an offer in the same circumstances as those referred to in the previous section.
3. Contracts concluded on the business premises of the trader or by the use of any means of distance communication, immediately after there has been personal and individual contact with the consumer at a place other than the business premises of the trader, with the simultaneous physical presence of the trader and the consumer and user.
4. Contracts concluded during an excursion organised by the trader for the purpose of promoting and selling products or services to the consumer and user.

If the contracting has not taken place outside the commercial establishment or, if it has taken place within 14 calendar days, the user or consumer can also cancel the contract, having the right to a refund of the amounts paid, but having to compensate PROGUIAS in the amounts indicated below, unless the cancellation is due to a cause beyond the control of PROGUIAS:

1. In the case of single services: The totality of the management costs, plus the cancellation costs, if the latter have occurred.
2. In the case of package tours and unless the cancellation is due to force majeure, the user must pay:

• • The management costs, the cancellation costs, if any, and a penalty consisting of:
    • 5% of the total cost of the trip if the cancellation takes place between the formalisation of the contract and ten days before the start of the trip.
    • 15% between 3 and 10 days prior to the date of commencement of the trip.
    • 25% within 48 hours before the start of the trip.

No-shows at the scheuled departure time will not be entitled to any refund of the amount paid, unless otherwise agreed between the parties.

In the event that the place cancelled by the user is in a room to be shared and no occupant can be substituted for that room, the person cancelling must assume the amount of the individual supplement involuntarily forced on the companion, in addition to the rest of the cancellation costs and penalties, if any.

In the event that any of the contracted and cancelled services are subject to special economic conditions of contracting, such as plane or ship charters, special rates, etc., the cancellation costs due to cancellation will be established in accordance with the conditions agreed by both parties.

Cancellations must be communicated as soon as possible, by telephone or e-mail. In both cases it will be necessary to formalise it in writing, by means of a Cancellation Document that will be dated by Proguías with the day of its reception and a copy will be sent to the consumer.

In the event that the contracting of the services is carried out outside the establishment, the user will have a period of 14 days from the contracting, to exercise their right of withdrawal, without the need for justification and without penalty.

Notwithstanding the above, when unavoidable and extraordinary circumstances occur at the place of destination or in the immediate vicinity that significantly affect the execution of the package or the transport of passengers to the place of destination, the traveller shall have the right to terminate the contract before the start of the contract without paying any penalty. In this case, the traveller shall be entitled to a full refund of any payment made, but not to additional compensation.

5.6.2. Transfers

The consumer of the product may assign the package travel contract to a person who fulfils all the conditions applicable to the contract. In order to do so, the user must give prior notice, at least 7 days before the start of the trip.

Both the transferor and the transferee are jointly and severally liable to Proguías for the unpaid amount of the price of the trip, as well as for the additional costs arising from the transfer.

5.6.3. Cancellations by the organiser

In cases where the Organiser conditions - and this is expressly specified - the viability of the offer of the product to have a minimum number of participants and, because this number is not reached, the trip is cancelled, the user will be entitled to a full refund of all payments made, without additional compensation. The user will be informed of the cancellation of the trip within the following deadlines:

• 20 calendar days before the start of the package in the case of journeys of more than six calendar days.
• 7 calendar days before the start of the package in the case of trips lasting between two and six days.
• 48 hours in advance for journeys of less than two days.

In the event that the user still wishes to make the trip, he/she may choose to do it on his/her own, with the corresponding reduction in the price, or, if he/she prefers to do it in a group, choose another date. In both cases, the money will not be refunded, but, in any case, with the appropriate reduction, if applicable.

PROGUIAS can also cancel the contract due to unavoidable and extraordinary circumstances, notifying the traveller without undue delay before the beginning of the trip and reimbursing the traveller the totality of the payments he/she has made.

5.7. Alterations

Proguías undertakes to provide its clients with the totality of the contracted services contained in the product that has given rise to the package travel contract, with the stipulated conditions and characteristics, all in accordance with the following points:

1. In the event that before the departure of the trip, the Organizer is forced to significantly modify any essential element of the contract, including the price, it must immediately inform the consumer, either directly, when it also acts as a retailer, or through the respective retailer in other cases. The price shall never be changed 20 calendar days before the start of the package.
2. In this case, and if the price increase exceeds 8% of the total price, the consumer may choose between terminating the contract without penalty or accepting an amendment to the contract specifying the variations introduced and their impact on the price. The consumer must notify the Retailer or, where applicable, the Organiser of his decision within three days of being notified of the modification referred to in paragraph 1. If the consumer does not notify his decision in the terms indicated, it shall be understood that he chooses to terminate the contract without penalty.
3. In the event that the consumer chooses to terminate the contract under paragraph 2, or that the Organiser cancels the package before the agreed departure date, for any reason not attributable to the consumer, the consumer shall be entitled, from the time of termination of the contract, to reimbursement of all sums paid under the contract, or to the execution of another package of equivalent or higher quality, provided that the Organiser or Retailer is able to offer this to the consumer. In the event that the package offered is of a lower quality, the organiser or retailer shall reimburse the consumer, where appropriate, on the basis of the sums already paid, the difference in price, in accordance with the contract. The same right shall apply to the consumer who does not obtain confirmation of the booking in accordance with the terms of the contract.

Where a significant proportion of the travel services cannot be provided as agreed in the package travel contract, the Organiser shall offer, at no additional cost to the user, suitable alternative arrangements, of equivalent or higher quality than those specified in the contract, for the continuation of the journey.

If the alternative arrangements proposed result in a package of a lower quality than that specified in the travel contract, the organiser shall give the traveller an appropriate reduction in price.

The user may only reject the proposed alternative formulas if they are not comparable to what was agreed in the package travel contract or if the price reduction granted is inadequate. In any case, anything not included in the package travel contract (such as, for example, transport tickets from the place of origin of the passenger to the place of departure of the trip, or vice versa, accommodation reservations in days before or after the trip, etc.) will be the responsibility of the Organizer, and there is no obligation to compensate for these possible expenses of independent services in the event that the trip is cancelled for the reasons set out in previous sections. The Organiser shall be jointly and severally liable to the user for the correct fulfilment of the services included in the contract, regardless of whether these services are to be carried out by themselves or by other service providers.

6. Complaints

The consumer shall give notice of any failure to perform the contract, preferably on the spot or otherwise as soon as possible in writing or in any other recordable form, to the organiser or retailer and, where appropriate, to the provider of the service concerned.

In the case that the solutions arbitrated by Proguías are not satisfactory for the consumer, we inform you that, in the case that you wish to make a complaint, you can send a registered letter with acknowledgement of receipt to the following address: Proguías, R/ Rego 6C, 5ºD, Ames, 15895, Galicia, Spain. However, if the user does not agree with the solution adopted by Proguías, he/she can go to the Junta Arbitral de Consumo (Consumer Arbitration Board) as well as to the Dirección General de Turismo (Directorate General of Tourism).

7. Period for consumer complaints

The limitation period for consumer complaints shall be two years.

8. Responsibility

8.1. General responsibility

Both the Organiser and the package travel retailer shall be jointly and severally liable to the traveller for the proper performance of the travel services included in the contract, regardless of whether these services are performed by themselves or by other service providers.

8.2. Consumer or user responsibility

The user declares the suitability of their state of health for the practice of the activities programmed during the execution of the contracted product, exempting Proguías from all responsibility derived from any damage and/or harm, originated directly or indirectly by the same. The consumer or user is responsible for informing both Proguías and the restaurants or food suppliers of any allergies or intolerances that they suffer from. In the case of not doing so, any risk to their health derived from the lack of knowledge of the same will be their responsibility.

8.2.1. Price reduction and compensation for damages

The user shall be entitled to an appropriate price reduction, for any period during which there has been a lack of conformity, unless the Organiser or, where applicable, the retailer proves that the lack of conformity is attributable to the traveller.

The user shall also be entitled to receive adequate compensation from the organiser or, where applicable, the retailer, for any loss or damage suffered as a result of any lack of conformity. The compensation shall be paid without undue delay.

The user shall not be entitled to damages if the organiser or, as the case may be, the retailer proves that the lack of conformity is:

• Imputable to the user.
• Imputable to a third party external to the provision of the contracted services and unforeseeable or unavoidable.
• Due to unavoidable and extraordinary circumstances.

9. Delimitation of package travel services

9.1. Accommodation

The quality and content of the services provided by the accommodation will be determined by the official tourist category, if any, assigned by the competent body in your country. Given the current legislation in this respect, which only establishes the existence of single and double rooms, allowing that in some of the latter a third bed may be provided, it will always be considered that the use of the third bed is made with the knowledge and consent of the persons occupying the room. This tacit estimation derives from the certain circumstance of having been warned in advance, as well as from the fact that the room appears as a triple room in all the reservation forms provided to the consumer when paying the advance payment, in the contract and the tickets and/or travel documentation that is delivered simultaneously with the signing of the contract. Likewise, in the case of double rooms for use by up to four persons, with four beds, when this is specified in the programme/brochure offer.

The usual check-in and check-out times for hotels depend on the first and last service that the user is going to use. As a general rule, and unless expressly agreed otherwise in the contract, rooms may be used from 14:00 on the day of arrival and must be vacated before 12:00 on the day of departure.

When the contracted service does not include the permanent accompaniment of a guide and in the event that the user expects to arrive at the hotel booked on dates or at times other than those indicated, it is advisable, in order to avoid problems and misinterpretations, to communicate this circumstance as far in advance as possible to Proguías, or to the accommodation directly.

The accommodation service shall imply that the room is available on the corresponding night, being understood to be provided regardless of the fact that, due to circumstances specific to the package, the check-in time may be later than initially planned.

9.3. Supplementary Services

When users request supplementary services (e.g. sea view room, etc.) that cannot be definitively confirmed by Proguias, the user may choose to definitively withdraw the supplementary service requested or maintain the request until such services can finally be provided.

In the event that the parties have agreed on the prior payment of the price of the supplementary services that finally cannot be provided, the amount paid will be reimbursed by Proguías immediately upon cancellation of the service by the consumer or upon return of the trip, depending on whether the user has opted for cancellation of the supplementary service requested or has maintained the request.

9.4. Transport

The type of transport may vary depending on the number of participants and the activities and characteristics of each area. Likewise, in the description of each excursion it is indicated which characteristics each vehicle has, it being understood that it will only have those indicated. In all the above cases, the design, structure, comfort and safety of the transport vehicle may not be adapted to the norms and standards of your country, but to those of the country of destination.

9.5. Passports, visas and documentation

All users, without exception (including minors), must have their personal and family documentation in order, whether it is a passport or identity card according to the laws of the country or countries they are visiting. It will be at their own expense, when the trips so require, to obtain visas, passports, vaccination certificates, etc. In the case of being rejected by any authority for the concession of visas, for particular reasons of the user, or being refused entry into the country for lack of the requirements demanded, or for a defect in the documentation demanded, or for not being the bearer of the same, Proguías declines all responsibility for events of this nature, with the consumer being responsible for any expenses that may arise, applying in these circumstances the conditions and regulations established for the cases of voluntary cancellation of services.

We also remind all users, especially those with a nationality other than Spanish, that they should make sure before starting their trip that they have complied with all the regulations and requirements applicable to visas in order to be able to enter all the countries they are going to visit without any problems. Proguías will provide this information at the time of formalising the contract. Minors under 18 years of age must carry written permission signed by their parents or guardians, in anticipation that this may be requested by any authority.

10. Insurance

We require each consumer or user of our products to obtain adequate travel and medical insurance coverage extending to Spain, Portugal and France before making use of our products.

10.1. Inclusion insurance

A basic insurance with the following conditions is included by default in all products whose technical organisation has been carried out by Proguías: