- Pasang Bhuti Tamang
- CIF / NIF: Y2868773-C
- Address: Calle Maria de Maeztu nº3, escalera3, piso 3D, CodigoPostal – 29680, Estepona (Spain)
- Email: firstname.lastname@example.org
MENDO FAMILY LIVE NEPAL please read this document carefully to ensure that you understand and accept the conditions set out here before making payment for the trip or services contracted.
The technical organization of the trips included in the web or in the program has been made by MENDO FAMILY LIVE NEPAL. Online travel agency duly registered with the Tourism Agency of Malaga.
The own contents, programming and design of the website www.mendofamily.com is fully protected by the author’s rights, being expressly forbidden any reproduction, communication, distribution and transformation of the referred protected elements, except with the express consent of MENDO FAMILY LIVE NEPAL. You can see more information in the Web Legal Notice (copyright).
The prices of the trips that we have put on the website of MENDO FAMILY LIVE NEPAL are indicative prices and are never the final prices. The final price can vary depending on several factors: if the dates of the trip are in high or low season, if the client chooses several extra activities or hires several special services, if it is an individual or group trip, if the price of the currency exchange in the country has changed, if the prices of visas, permits or transports have changed from the previous year, etc… The real final price is made in an adjusted budget without any cost after specifying with the client all the details of the trip.
The client has the obligation to check the documentation received from the organizing agency, and any questions about it must be notified before the start of the trip.
The client will be responsible for the data provided in the reservation form. MENDO FAMILY LIVE NEPAL is not responsible for the consequences that may arise from the introduction of false or incorrect data by the client.
Our online travel agency has a mandatory liability insurance as required by law.
When formalizing the trip we advise the client to contract a travel insurance that includes the cancellation and in case of participating in a trekking to more than 6.000m of altitude, the client can contract a rescue insurance in high mountain.
We reserve the right to photograph or make videos of any trip and use those photographs and videos for promotional purposes, for which it will be understood that the client gives his authorization, unless the client expresses his disagreement at the time of contracting services.
The reservation and hiring of any of the trips included in the website or programs of MENDO FAMILY LIVE NEPAL implies the total acceptance of these General Conditions.
The present general conditions will be governed by the Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, (BOE 287 of November 30, 2007), and other provisions in force.
GENERAL TERMS AND CONDITIONS
a) Management and booking.
1. Reservation request
1.1 The consumer who wishes to purchase a package tour makes a “reservation request”. After this request, the retailer or, where appropriate, the organizing agency, undertakes to make the necessary arrangements to obtain confirmation of the reservation according to the number of places available and the period for which it has been requested.
1.2 At the time of the reservation request, the agency may require the consumer to pay a deposit equivalent to a maximum of 20% of the price of the trip for which the reservation is requested. If the reservation is confirmed, the amount delivered will be charged to the price of travel. If the consumer withdraws his reservation request before the confirmation, the deposited sum will be reimbursed, minus, if applicable, the reasonable management costs.
1.3 If the consumer requests the elaboration of a custom-made trip, the agency can demand the payment of a quantity for the confection of the project. If the consumer accepts the offer of trip elaborated by the agency, and this one can confirm him the services that it includes, the given sum will be imputed to the price of the trip. Whenever it cannot confirm them, the agency will have to return the quantities delivered by the consumer.
1.4 In all the previous cases, if the agency cannot offer the requested trip and offers the consumer a similar or different trip, unless expressly indicated otherwise, it will be understood that it maintains that offer for 24 hours. In these cases, the contract will be completed if the consumer accepts the offer within that time or that has been expressly established.
2. Confirmation of the reservation
The perfection of the travel contract occurs with the confirmation of the reservation. From that moment on the travel contract is binding for both parties.
3. Payment of the price
3.1 At the moment of the perfection of the contract the consumer will have to pay an amount that corresponds to 40% of the price of the trip or, in its case, to complete until that amount the amounts that had given to account. If the consumer does not make such payment, the agency will require it to make it within a reasonably short time set.
3.2 The payment of the rest of the price will be made when the agency offers the delivery to the consumer of transport tickets, travel vouchers or any other document essential for the proper execution of the benefits that make up the trip. If the consumer does not make such payment, the agency will require you to make it within the time limit it sets. If no deadline is set, it is understood that payment must be made no later than 7 days before departure.
3.3 The agency may terminate the contract and apply the rules established for withdrawal before departure (rules set out in paragraph 12) if the consumer does not make any of the payments provided for in the preceding paragraphs within the appropriate time.
b) Rules applicable to travel benefits.
4.1 The benefits that make up the contract of combined travel are the result of the information provided to the consumer in the program developed exclusively for him, as well as the indications regarding this information that have been made to confirm the reservation.
4.2 However, the organizing agency reserves the right to modify the information contained in the program before the completion of the contract. To be valid, changes in such information must have been clearly communicated in writing to the consumer.
5.1 Unless otherwise indicated in the brochure or provided in particular conditions: a) In relation to those areas of Nepal where there is an official classification of hotels or any other type of accommodation, the brochure contains the tourist classification that is granted in the corresponding country. In those areas where there is no official classification, as in the trekking routes, the category indicated in the brochure is simply indicative. In any case, the agency must ensure the best correspondence between the rating used and the expectations that this may reasonably generate in a consumer. b) The room occupancy schedule depends on the rules established in each country. In general, the room can be occupied from fourteen hours on the day of arrival and must be vacated before twelve hours on the day of departure, regardless of the time at which the hotel is scheduled to arrive or the time at which the trip is scheduled to continue. c) Common hotel rooms are generally double rooms to which one or two beds can be added if necessary, but there are also some rooms with larger double beds. There are also hostels with common rooms and bunk beds, where a large number of travellers can stay.
5.2 Except in some exceptions where you can find comfortable hotels, in general during the trekking route the accommodations are usually quite humble guest houses, and the rooms are usually very rustic with beds for 2 people and usually the toilet is outside the room and is common for all travelers in the accommodation. They are usually quite similar to mountain huts.
6 .1 The consumer must be present at the place indicated for the departure with the advance notice indicated by the agency or, in its absence, by the brochure. As a general rule, in the case of air transport, the minimum notice is one and a half hours before the scheduled departure time.
6.2 If the consumer could not make the trip for not having been presented with the required notice, the regime provided for in paragraph 14 for the lack of presentation at the exit or, where appropriate, that provided for in paragraph 12 for the withdrawal of the consumer.
6.3 The loss or damage that occurs in relation to the hand luggage or other objects that the consumer carries and keeps in his custody are of his exclusive account and risk.
7. Other services
7 .1 As a general rule, a continental breakfast is included during the hotel stay. Lunch and dinner (unless otherwise agreed in advance) are at the client’s expense, since they are usually visiting places during the day and there is also a wide range of places to enjoy dinner around the hotel. If the client wants to contract half or full board with the hotel he must indicate it expressly.
7.2 During the trekking, dinner and breakfast are usually served at the same place of accommodation, and the food is served during the route in any other establishment. In case of hiring a closed price everything would be included in the price of the trip. Otherwise the client must pay for his meals personally during the route. As a general rule, any drinks, snacks or consumptions other than those agreed upon will be paid for separately. In any case the subject will be left well closed in advance with the client.
7.3 Special diets (vegetarian or special diets) are only guaranteed if they have been agreed upon by the parties under special conditions.
c) Rights of the parties prior to commencing the journey
8. Modification of the contract
8 .1 If at any time prior to departure the consumer wishes to request changes regarding the destinations, means of transport, duration, schedule, itinerary of the trip contracted or any other end referred to the benefits and the agency can make them, it may require the payment of additional costs justified that would have caused such a change and a premium for modification of the reservation that may not exceed 3% of the price of the trip.
8.2 Before departure, the agency can only make the changes that are necessary for the successful completion of the package and that are not significant. It is considered that the necessary changes are significant if they prevent the realization of the purposes of this according to their general or special characteristics.
8.3 In the event that the agency is forced to make significant changes will immediately inform the consumer. This may choose to accept the amendment of the contract in which the changes are specified and their impact on the price, or terminate the contract. The consumer must communicate the decision taken to the agency within three days after being notified of the change. If the consumer does not communicate his decision within the indicated period, it will be understood that he opts for the resolution of the contract.
9. Price revision
9.1 The price revision will only take place in order to incorporate variations in the price of transport, including the cost of fuel, the taxes and fees related to certain services and the exchange rates applied to the organized trip.
9.2 The revised price shall be determined by reference to the countervalue of the currency of the destination country and the prices, rates and taxes applicable on the date of publication of the prospectus. In the case of circuits that include two or more countries, the exchange rate taken as a reference is that of the EURO on the same date.
9.3 If the price review involves an increase of more than 15% of the price of the trip, the agency will immediately inform the consumer, who may terminate the contract. The consumer must communicate the decision taken to the agency within three days after being notified of the change. If the consumer does not communicate his decision within the indicated term, it will be understood that he opts for the resolution of the contract.
10. Rights of the consumer in case of resolution
10.1 In the cases in which the consumer, according to the previous sections, resolves the contract will be able to choose between: a) That they reimburse him in the maximum term of a month all the amounts paid, or b) That, whenever the agency can propose it, they offer him another combined trip of equivalent or superior quality. If the offered trip is of superior quality, the agency will not demand any supplement to him. Also it will be able to accept the accomplishment of a trip of inferior quality, but in this case the agency will deduct the difference to him of price.
10.2 In both cases, the consumer has the right to claim the compensation provided for the case of cancellation of the trip provided for in paragraph 13 and in the same terms.
11. Assignment of the reservation
11.1 The consumer may assign his reservation to a person who meets all the conditions required in the brochure and the contract to make the package.
11.2 The transfer must be communicated by any means to the agency and will be free if it receives the communication at least fifteen days before the date of commencement of the trip. If you want to carry out later and the agency can accept it, may require the consumer a premium for assignment that will not exceed 3% of the price of the trip.
11.3 In any case, the consumer and the person to whom he has transferred the reservation are jointly responsible to the agency for the payment of the rest of the price, as well as any additional justified expenses that may have caused the transfer.
12. Consumer’s right of withdrawal
12.1 The consumer has the right to withdraw from the contracted trip at any time before departure. However, if this withdrawal occurs within 15 days prior to departure of the trip, you must pay a penalty depending on the time remaining for departure, which will be: a) 5% of the price of the trip if it occurs more than 10 and less than 15 days in advance. b) 15% of the price of the trip, if it occurs between 10 and 3 days in advance. c) 25% of the price of the trip, if it occurs within 48 hours prior to departure.
12.2 The consumer will not have to pay any percentage as a penalty if the withdrawal takes place due to force majeure. For this purpose, it will be considered force majeure the death, accident or serious illness of the consumer or any of the persons with whom he lives or any similar event that prevents him from participating in the trip.
12.3 In all cases, the consumer must pay the costs of management and cancellation that produces the withdrawal.
12.4 The withdrawal produces effects from the moment in which the will to desist of the consumer comes to the knowledge of the agency communicated formally in writing (mail) with the maximum urgency. Any request for cancellation received after 20:00 on Friday (Spanish time) will become effective the following Monday.
12.5 Knowing the withdrawal, the agency will return to the consumer the amounts that had paid within a maximum period of one month, deducting the management costs. The return of the amount will be made only by bank transfer to a bank account whose ownership corresponds to the customer who has made the reservation and subsequent cancellation.
13. Cancellation of the trip by the organizer
13.1 The cancellation of the trip, for any reason not attributable to the consumer, gives you the right to terminate the contract with the rights provided for in paragraph 10.
13.2 If the cancellation of the trip is communicated within two months prior to departure, the agency must pay the consumer compensation based on the time remaining for the departure, which at least will be: a) 5% of the price of the trip if it occurs more than 15 days in advance and less than 2 months. b) 10% of the price of the trip, if it occurs between 15 and 3 days in advance. c) 25% of the price of the trip, if it occurs within 48 hours prior to departure.
13.3 There is no obligation to compensate when the cancellation of the trip is due to force majeure. Force majeure are circumstances beyond the agency, abnormal and unpredictable whose consequences could not have been avoided, despite having acted with due diligence.
14. Modifications, cancellation and/or annulment of the trip by the traveler
14.1 The user who desists from the contracted services has the right to a refund of the amount paid, according to the advance notice of the cancellation with respect to the date of the beginning of the trip, having to compensate the Agency for the concepts that are detailed below: a)Management expenses: Minimum 60 euros b)Cancellation expenses: Amounts to be discounted from the price of the trip to cover the expenses caused to the suppliers involved and that will be indicated in each program. Variable amount, from 0 to 100% for including airplane tickets, hotels, local correspondent expenses, etc, some of them nonrefundable and being higher the closer to the trip start date. In any case, the economic consequences of the cancellation in special conditions of hiring will affect the client who has been informed.
14.2 The customer who expresses the intention to cancel your reservation, you must formally communicate in writing (mail) with the utmost urgency. Any request for cancellation received after 20:00 on Friday (Spanish time) will be effective the following Monday. The refund will be made only by bank transfer to a bank account owned by the customer who has made the reservation and subsequent cancellation.
14.3 When part of the trip consists of a transport reservation with special conditions, 100% of the expenses could be applied to the air ticket. If a trip is contracted to a wholesaler or tour operator outside Mendo Family Live Nepal, the conditions applicable will be those of that operator. The client can request the name and/or conditions of the TO at any time. The general conditions of the trips will always be subject to the particular conditions of the determined trip. In case the place to be cancelled is a room to be shared and it is not possible to replace the occupant of that room, the client will have to assume the amount of the individual supplement involuntarily obliged to the companion, added to the rest of the cancellation expenses, if any.
14.4 In the case of no presentation at the time of departure without prior documented cancellation, late presentation, or not allowed to board or start the trip for reasons beyond the agency and the responsibility of the traveler (lack of documentation …), abandonment of the trip before the end or reasons of force with which the person responsible for the trip was forced to abandon it, for behavior that affects the safety or welfare of other travelers, will mean the total loss of the amount of the package.
14.5 General scales of expenses of cancellation(*): More than 90 days of anticipation: Without expenses – Between 89 and 60 days: 10% – Between 59 and 30 days: 55% – Between 29 and 16 days: 50% – Between 15 and 8 days: 75% – Less than 7 days: 100% (*)General conditions, having each trip its particular conditions of cancellation, that the client can request and that will be able to vary with each program and tour operator when it corresponds.
14.6 For trips without flights, it is possible that if the cancelled seat is replaced by another traveler, the minimum expenses may be charged. In trips with air tickets, 100% of the amount of the flights is applied once the ticket is issued and independently of the date of cancellation with respect to the beginning of the trip, unless the airline company itself determines other amounts or conditions. In such cases, the cancellation rates will be applied to the rest of the trip and/or according to the particular conditions of each supplier.
14.7 No return or refund will be made for the non-use of any type of service (air, land or sea transport, accommodation, meals, excursions or any included in a travel package) when the reason for it is the direct decision and responsibility of the client: Delays or no-show at the time or place indicated for the start and/or completion of the trip or meeting with the group. Not possessing the necessary and obligatory documentation for the trip and/or destination (ID card, passport, visas, special permits, international vaccination card…) 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, in land or sea programs (*) Repeated uncomfortable or annoying behavior towards the rest of the group that causes complaints and discomfort, forcing those responsible to respond with authority over them. Situations caused by the client and alien to the agency.
15. Specialty of the alternative trip/remote areas/ trekking
15.1 Some of our trips run partially in remote areas, with limited or no tourist infrastructure. Travelling in these areas requires flexibility and acceptance of changes in the services provided. It is also necessary a certain capacity to adapt to the unexpected, both in positive (a local party, a market …) and in what is not so positive (floods, road closures, etc.). The traveler must be aware that in some cases it may be impossible, for example, a rapid evacuation or adequate medical assistance. The special characteristics of this type of travel, which correspond to those of an alternative trip, are known and accepted by the traveler, who expressly accepts the situations and changes that arise from it.
15.2 In the specific case of family trips with children, this type of high mountain trip with children under 3 years old is not recommended, since in case the child has discomfort it is important that he/she can clearly express what is happening to him/her.
16. Political, security and health situation in the destination country.
16.1 We refer to the official sources of competent authorities. Knowing this information, the traveler is aware of the social or political, security and health situation of the country of destination, and accepts the risk that may be involved in traveling to that destination.
16.2 POLITICS AND SECURITY, official recommendations of the Ministry of Foreign Affairs of the Spanish Government, which can be found on its website http://www.exteriores.gob.es
16.3 HEALTH: Official recommendations on vaccines and necessary precautions from the Ministry of Health and Consumer Affairs, which are available on its website https://www.mscbs.gob.es/profesionales/saludPublica/sanidadExterior/salud/sisaex-vac.htm
17. Lack of presentation at the exit
17.1 There will be lack of presentation at the exit if the consumer does not communicate his willingness not to carry out the trip and is not presented at the time and place planned for the departure. In this case, you lose the right to a refund of amounts delivered and remains obliged to pay those who were pending payment.
17.2 However, if the lack of presentation takes place due to force majeure, the consumer is entitled to a refund of the amounts delivered, minus the management costs and cancellation fees. For this purpose, it is considered force majeure the death, accident or serious illness of the consumer or any of the persons with whom he lives or any similar event that prevents him from participating in the trip and communicate to the agency that impossibility before departure.
d) Rights and duties of the parties after starting the trip.
18. Defective compliance or lack of service provision
18.1 When the consumer verifies during the performance of the trip that there is a defect or lack of provision of any contracted service, he must communicate it in the same place and as soon as possible to the organizer or retailer and, where appropriate, to the provider of the service in question. The communication must be made in writing or in any other way that is recorded. After receiving the communication, the retailer or the organizer must work diligently to find appropriate solutions.
18.2 If you make such communication in the time and manner indicated, the document that proves it will exempt you from providing further evidence of the existence of the defect, unless the organizer, the retailer or the service provider have verified in the presence of the consumer that the defect does not exist or does not meet the characteristics indicated, and have so stated.
18.3 If the consumer does not make such communication in the time and manner indicated, you must prove the defects that are alleged according to the general criteria of evidence and shall be responsible for all damages that occur or are compounded by their lack of communication.
19. Impossibility to provide a significant part of the services by the organizer
19.1 The agency must adopt appropriate solutions for the continuation of the trip if, once the trip has begun, it does not provide or proves that it cannot provide a significant part of the services provided for in the contract. They are important part of the services provided those whose lack of performance prevents the normal development of the trip and cause that it is not reasonable to expect the average consumer of that type of trip to continue in those circumstances.
19.2 The agency may not ask any supplement for the solutions adopted for the continuation of the trip and pay the consumer any difference between the benefits provided and those supplied.
19.3 If the consumer expressly or tacitly accepts the solutions proposed by the agency will not be entitled to compensation for such changes. It will be considered that he tacitly accepts such proposals if he continues the trip with the solutions given by the organizer.
19.4 If the solutions adopted by the organizer were unfeasible or the consumer did not accept them on reasonable grounds, the agency must: a) Provide a means of transport equivalent to that contracted for the trip to return to the place of departure or any other that both have agreed, if the contract includes the return trip. b) Reimburse the price paid with deduction of the amount of benefits provided until the end of the trip, except if the defect that prevents the continuation of the trip is attributable to the consumer. c) Pay compensation as appropriate.
20. Withdrawal of the consumer during the trip
20.1 The consumer has the right to withdraw from the travel contract once the trip has begun, but may not claim a refund of the amounts delivered and will continue to be obliged to pay those that are pending payment.
20.2 If the withdrawal is due to an accident or illness of the consumer that prevents him from continuing the trip, the agency is obliged to provide the necessary assistance and, where appropriate, to pay the amount of the difference between the benefits provided and supplied, minus the cancellation costs duly justified as appropriate.
20.3 In both cases, all additional costs caused by the withdrawal, and in particular those of repatriation or transfer to the place of origin, are borne by the consumer.
21. Duty of collaboration of the consumer to the normal development of the trip
21.1 The consumer will have to follow the indications that the agency facilitates him for the suitable execution of the trip, as well as to the regulations that are of general application to the users of the services included in the trip. In particular, in the trips in group it will keep the due respect to the other participants and will observe a conduct that does not harm the normal development of the trip.
21.2 The serious breach of these duties entitles the agency to terminate the travel contract. In this case, if the contract includes the return trip, the agency will provide the consumer with a means of transport equivalent to that contracted in the trip to return to the place of departure or any other that both have agreed. The agency will have right in addition to the indemnification that proceeds by the attributable damages to the conduct of the consumer.
e) Contractual liability for defective compliance or noncompliance.
22. Distribution of the responsibility
22.1 The organizing agency and the retailer agency will respond before the consumer of the correct fulfillment of the trip contract according to the obligations that correspond to them by their respective scope of management of the trip.
22.2 The organizing agency and the retailer are responsible to the consumer whether they themselves perform the services included in the trip as if they were carried out by their assistants or other service providers.
22.3 The organizing agency, being the one that plans the trip, is responsible for the damages caused to the consumer by the non-execution or deficient execution of the benefits included in the trip as well as the damages that come from the breach of any other obligation that corresponds to its scope of management in accordance with the applicable legislation.
22.4 The retail agency, being the one that sells or offers for sale the trip proposed by an organizing agency, is responsible for the damages caused to the consumer by the errors he has made when informing him about the trip, for having omitted the information that he should provide, for not having given him the necessary documentation for the correct performance of the trip and, in general, for having failed to comply with any other obligation that corresponds to its scope of management in accordance with applicable law.
22.5 The customer is solely responsible for the custody of their luggage, personal items and travel documents, therefore the organizing agency will not be responsible if they suffer loss or damage during the trip, in any means of transport or in the stay in hotel or other accommodation.
22.6 Durante los viajes de trekking es de parte del consumidor la responsabilidad de conocer que participará en una actividad con exigencias físicas y que está capacitado médica, física y emotionally to perform such activity. The client must know that this tour or trip involves walking outdoors on paths, bordering roads, in open fields, among mountains, on trails at high altitude, in rural or remote areas and in variable weather conditions and that he or she accepts all the dangers inherent in this type of activity.
23. Causes for exoneration of responsibility
The responsibility of organizers and retailers will cease when any of the following circumstances occur: a) That the defects observed in the execution of the contract are attributable to the consumer. b) That said defects are attributable to a third party unconnected with the supply of the services provided for in the contract and are of an unforeseeable or insurmountable nature. c) That the defects referred to are due to force majeure, meaning those circumstances beyond the control of the party who invokes them, abnormal and unforeseeable, the consequences of which could not have been avoided, despite having acted with due diligence. d) That the defects are due to an event that the retailer or, where appropriate, the organizer, despite having put all the necessary diligence, could not foresee or overcome.
24. Duty of the consumer to mitigate damages
In any case, the consumer is obliged to take appropriate and reasonable measures to try to reduce the damages that may result from the non-performance or defective performance of the contract or to prevent them from becoming worse. Any damage resulting from failure to take such measures shall be borne by the consumer.
25. Agency Duty to Assist
25.1 The organizing agency and the retailing agency, while exonerated from liability, shall continue to be obligated to provide necessary assistance to the consumer in distress.
25.2 The duty of assistance provided for in the previous paragraph shall not exist when the defects produced during the execution of the contract are attributable exclusively to an intentional or negligent conduct of the consumer.
26. Limitations of liability of international agreements
When the benefits of the travel contract are governed by international agreements, the compensation for bodily and non-bodily damages resulting from the breach or poor execution of the same shall be subject to the limitations established by these agreements. Convention European Regulation 261/2004 for European airlines and Montreal Convention for non-European airlines taking off from a non-European territory.
27. Limitation of responsibility for non corporal damages
27.1 When the benefits of the trip are not governed by international agreements: a) the compensations for non corporal damages will be limited by all the concepts to the double of the price of the trip, including the moral damages not derived from a corporal damage and the reimbursements that must be made. b) the compensation of the organizing agency for the damages derived from loss or damage of the luggage will be limited to 350 euros.
27.2 The limitations provided for in the previous two paragraphs shall not apply if the agency or service providers have intentionally caused the damage or have acted recklessly in the knowledge that it is likely to occur.
28. Information on passport, visa and vaccination regulations
28.1 The agency has the duty to inform about the necessary health formalities for travel and stay, as well as the conditions applicable to European Union citizens regarding passports and visas, and shall be responsible for the correctness of the information provided.
28.2 The consumer must obtain the necessary documentation to make the trip, including passport and visas and referred to health formalities. All damages that may result from the lack of such documentation will be on their account, and in particular, the costs incurred by the interruption of the trip and its eventual repatriation.
28.3 If the agency accepts the assignment of the consumer to process the necessary visas for any of the destinations provided for in the itinerary, it may require the collection of the cost of the visa as well as the management costs for the procedures to be carried out with the corresponding diplomatic or consular representation. In this case, the agency will be responsible for the damages that are attributable to it in accordance with the diligence normally required for delays in obtaining the necessary documentation or for the lack or inadequacy of the same.
29. Responsibility in relation to incidents in the air transport
When the Air Company cancels a flight or incurs in a great delay it will be the responsibility to give the due assistance and attention to the passengers, affected, having to assume the expenses of meals, calls, transports and overnight stays if it is necessary, by virtue of the established in the Regulation CEE 261/2004, by which the common rules on compensation and assistance of the air passengers in cases of denial of boarding and of cancellation or great delay of the flights are established. In the event of flight cancellation, it will also be obliged to pay the corresponding compensation to the passenger, as well as to refund the price of the air ticket if the passenger chooses this option. If the cancellation is due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, the air carrier responsible for the flight will not be obliged to pay compensation but will be obliged to provide due assistance and care to the passengers affected and to refund the price of the ticket if they choose this option.
30. Responsibility for services not included in the trip
30.1 The rules of contractual responsibility for the package are not applicable to services not agreed upon from the beginning with the organizing agency, such as excursions, attendance at sports or cultural events, visits to exhibitions or museums, or other similar, which are not included in the overall price of the trip and which the consumer contracts on an optional basis on the occasion of the trip or during its course. In these cases, the agency must indicate to the consumer the optional nature of the service and that it is not part of the initial trip.
30.2 If the agency intervenes in the contracting of these services, it will respond in accordance with the specific rules of the contract that it makes.
f) Claims and actions derived from the contract.
31. Claims to the agency
31.1 Without prejudice to the legal actions that assist him, the consumer may make written claims for the non-execution or defective execution of the contract to the organizing agency or retailer within a maximum period of 30 days from the date on which it was due to end the trip. Here you can download an official model of COMPLAIN AND CLAIMS FORM from the Junta de Andalucía (Spain).
There are two ways to make any claim: a) The customer can make any claim directly to our company by sending a letter to the email address email@example.com. b) The customer can make any claim through the Regional Directorate of Tourism. LINK
Adherirse to electronic sheet…
31.2 Within a maximum of another 30 days, the organizing agency or the retailer, depending on the obligations that correspond to their respective field of travel management, must respond in writing to complaints made within the time limit.
31.3 At this stage, the consumer and the agency may seek the mediation of the competent administration or bodies that are constituted for that purpose to find for themselves a solution to the conflict that is satisfactory to both parties.
31.4 If the conflict cannot be resolved by the claim to the agency, the consumer may submit it to consumer arbitration if the agency claimed had previously joined the consumer arbitration system, or, in any case, claim in court.
32. Consumer arbitration
32.1 If the agency being claimed has previously adhered to the consumer arbitration system, the consumer may address his or her claims to the Consumer Arbitration Board of the autonomous community that is competent in the place where the contract is concluded or to which he or she has adhered, within a maximum period of 3 months, starting from the day on which the trip was to end. In the case of MendoFamily Experience Nepal it would be the ARBITRAL BOARD OF CONSUMPTION OF THE AUTONOMOUS COMMUNITY OF ANDALUSIA. https://www.consumoresponde.es/temas/arbitraje_de_consumo
32.2 Claims involving intoxication, injury, death, or rational indications of a crime cannot be the subject of consumer arbitration.
32.3 Unless otherwise stipulated in the public offer for submission to the consumer arbitration system, arbitration shall be governed by law and the arbitration procedure shall be governed by the provisions of Royal Decree 636/1993, of 3 May. It will be limited to claims of an amount less than 1000 euros per person and a total maximum of 5,000 euros per claim.
32.4 The award made by the arbitration tribunal appointed by the Consumer Arbitration Board will resolve the claim submitted definitively and will be binding on both parties.
Links of interest regarding claims:
-On-line claims through electronic sheet…
-How to file complaints and claims?
-How to apply for Consumer Arbitration?
COPYRIGHT - LEGAL NOTICE REGARDING THE USE OF THE MENDO FAMILY LIVE NEPAL WEB
The purpose of this document is to establish and regulate the rules of use of this web portal, understanding by this all the pages and their contents, property of MENDO FAMILY LIVE NEPAL, which are accessed through the mendofamily.com domain. The use of the web portal attributes the condition of user of the same and implies the acceptance of all the conditions included in this Legal Notice. The user agrees to read this Legal Notice carefully each time he or she intends to use our web portal, as it and its conditions of use contained in this Legal Notice may be subject to change.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS:
By virtue of the provisions of Articles 8 and 32.1, second paragraph, of the Law on Intellectual Property, it is expressly forbidden to reproduce, distribute and publicly communicate, including making available, all or part of the contents of this website, for commercial purposes, on any support and by any technical means, without the authorization of MENDO FAMILY LIVE NEPAL.
The user knows and accepts that: all the websites, including text, software, content (including structure, selection, order and presentation of the same), podcast, photographs, designs, logos, audiovisual material and graphics, are protected by trademarks, copyright and other legitimate rights, in accordance with international treaties to which Spain is a party, and other property rights and laws of Spain.
The user agrees to respect the Intellectual and Industrial Property rights owned by MENDO FAMILY LIVE NEPAL.
You can view the elements of the portal and even print them, copy them and store them on the hard drive of your computer or any other physical support as long as it is solely and exclusively for your personal and private use.
External links- The MENDO FAMILY websites provide links to other websites and to contents owned by third parties. In no case will MENDO FAMILY assume responsibility for the contents of any link belonging to a third party website, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, veracity, validity and constitutionality of any material or information contained in any of these hyperlinks or other Internet sites. Likewise, the inclusion of these external links shall not imply any kind of association, merger or participation with the connected entities.
Right of Exclusion- MENDO FAMILY reserves the right to withdraw the services offered without prior notice, and also reserves the right, at its own request or that of a third party, to withdraw access to those users who do not comply with these General Conditions of Use.
Right of modification- MENDO FAMILY reserves the right to make, without previous notice, the modifications that it considers opportune in its portal, being able to change, to suppress or to add so much the contents and services that are lent through the same one as the form in which these appear presented/displayed or located in its portal. The owner may at any time modify the conditions determined here, being duly published as they appear here.
Intellectual Property Claim- To make any kind of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the website, you can do so through the email firstname.lastname@example.org indicating:
- Personal data of the interested party who owns the allegedly infringed rights, or indicate the representation with which he acts in case the claim is presented by a third party other than the interested party.
- Indicate the contents protected by the intellectual property rights and their location on the website, the accreditation of the intellectual property rights indicated and an express declaration in which the interested party takes responsibility for the veracity of the information provided in the notification.
COMMITMENTS AND OBLIGATIONS OF THE USERS:
The user is informed, and accepts, that the access to the present web does not suppose, in any way, the beginning of a commercial relationship with MENDO FAMILY LIVE NEPAL. The user agrees to use the website, its services and contents without contravening current legislation, good faith and public order.
It is forbidden to use the website for illegal or harmful purposes, or in any way that could cause damage or prevent the normal functioning of the website https://www.mendofamily.com
The user commits not to carry out any conduct that could damage the image, the interests and the rights of MENDO FAMILY LIVE NEPAL or of third parties; or that could damage, disable or overload the portals that would prevent, in any way, the normal use of the website.
The user must abstain from deleting, altering, eluding or manipulating any protection device or security system that was installed in the portal.
However, the user must be aware that the security measures of computer systems on the Internet are not entirely reliable and that, therefore, MENDO FAMILY cannot guarantee the inexistence of malware or other elements which could produce alterations in the user’s computer systems (software and hardware) or in his/her electronic documents and files contained therein, although all necessary means and appropriate security measures are taken to avoid the presence of these harmful elements.
POLICY OF COMMENTS:
In our websites you can allow comments to enrich the content and make queries.
Comments that are not related to the topics of this website, including defamation, insults, personal attacks or disrespect in general to the author or other members will not be accepted.
These comments will be deleted by the web administrators.
Comments that contain information that is obviously misleading or false, as well as comments that contain personal information, such as private addresses or telephone numbers and that violate our data protection policy, will also be deleted.
Comments created solely for promotional purposes for a website, person or group and anything that could be considered spam in general will also be rejected.
Anonymous comments are not allowed, as well as those made by the same person with different nicknames.
Comments that attempt to force a debate or a position by another user will not be considered either.