4.1 Identification and scope
These terms govern the booking of travel services offered by David Schleif, NIE Y9650514G, trading as Eutimia Travel, a retail travel agency registered in the Tourism Register of the Valencian Community under code CV-AVC002780-A, with its address at Calle Matrona María de Gracia Cases Penadés 2, Blq 3, Esc 3, 1ºB, 03005 Alicante, Spain.
They apply together with the pre-contractual information provided in each case, the particular conditions of each service, and the organiser’s conditions where the organiser is a third party. In the event of conflict, the particular conditions and the standard pre-contractual information prevail.
You must be of legal age and have full legal capacity to book.
4.2 Nature of the services
Eutimia Travel acts as a retail travel agency and may act in three distinct capacities, which are identified expressly before booking:
Standalone travel services, such as accommodation, a transfer, an activity or a car rental booked on its own. Here Eutimia Travel acts as intermediary for the supplier, who performs the service and is responsible for its performance.
Packages, where at least two different types of travel service are combined for the same trip within the meaning of Article 151 of the consolidated General Law for the Protection of Consumers and Users. Before booking, the organiser is identified and the standard information form in Annex I or II of that law is provided, listing the applicable rights.
Linked travel arrangements, in the cases set out in Article 151(1)(e) of that law, with the corresponding standard form.
Where the package organiser is a third party, its identity, address and contact details, together with the entity providing its insolvency protection, are stated in the contractual documentation.
4.3 Planning fees
Eutimia Travel may charge advisory and planning fees for designing tailor-made itineraries, separate from the price of the travel services. The amount, scope and conditions are communicated and accepted in writing before work starts. These fees pay for the professional design service and are non-refundable once that service has been provided, without prejudice to any express agreement to offset them against the final price.
4.4 Booking process
Requests are made through the website, by email, by WhatsApp or by telephone. Eutimia Travel sends a proposal with the pre-contractual information, the total price and the applicable conditions. The booking is concluded when the traveller expressly accepts it and pays the amount required, and is confirmed by a document sent on a durable medium, which the traveller should keep.
The contract may be concluded in Spanish, English or Slovak. The contractual document is filed by Eutimia Travel and can be obtained on request by email.
4.5 Prices and payment
Prices are in euros and include applicable taxes. Travel services are subject, where relevant, to the special VAT scheme for travel agents, so VAT is not itemised on the invoice. Unless expressly stated, prices exclude local tourist or stay taxes payable at destination, tips, visa costs, extras and personal expenses.
Unless otherwise agreed, a deposit is payable at the time of booking and the balance before the date stated in the confirmation. Failure to pay on time entitles Eutimia Travel to terminate the contract and apply the agreed cancellation charges.
The price of a package may be revised only in the cases and within the limits of Article 158 of the consolidated General Law for the Protection of Consumers and Users, and never within the 20 days before departure. If the increase exceeds 8% of the total price, the traveller may accept the change or terminate the contract without penalty.
4.6 Documents, passports, visas and health
Travellers are responsible for holding valid personal and family documentation: a passport or identity document valid for the period required by the destination country, visas, travel authorisations, permits for minors and health documentation. Eutimia Travel provides general information on the requirements applicable to Spanish and EU nationals and recommends verifying them with the relevant consulate. Refusal of entry or boarding due to failure to meet these requirements does not give rise to any refund.
4.7 Transfer of the booking
For packages, the traveller may transfer the booking to a person who satisfies all applicable conditions, giving written notice at least seven calendar days before departure, in accordance with Article 157 of the consolidated law. The transferor and the transferee are jointly and severally liable for the balance of the price and for any justified additional costs.
4.8 Changes and termination before departure
Eutimia Travel may change the terms of the contract before departure only where the change is insignificant or, if it is significant, by offering the traveller the choice of accepting the change or terminating without penalty, in accordance with Article 159 of the consolidated law.
The traveller may terminate the contract before departure by paying the agreed cancellation charge and the costs actually incurred with suppliers. Where unavoidable and extraordinary circumstances occur at or near the destination and significantly affect performance of the package, or the carriage of passengers to the destination, termination gives the right to a full refund of payments made without penalty and without additional compensation, in accordance with Article 160 of the consolidated law.
Standalone travel services are governed by the cancellation terms of the relevant supplier, which are communicated before booking and which, on non-refundable rates, may mean loss of the full amount.
4.9 Lack of conformity and liability
Travellers must notify any lack of conformity noticed during the trip without undue delay, to Eutimia Travel and, where appropriate, to the service provider at destination, so that it can be remedied. Eutimia Travel will provide appropriate assistance without undue delay to travellers in difficulty.
For packages, the organiser and the retailer are responsible for performance of the services under Articles 161 et seq. of the consolidated law, with the right to a price reduction and, where applicable, compensation for damage suffered, except in the cases exempted by law. Claims arising from a package travel contract are time-barred after two years.
For standalone services, the liability of Eutimia Travel is limited to its role as a diligent intermediary.
4.10 Right of withdrawal
Contracts for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering and services related to leisure activities, where the contract provides for a specific date or period of performance, are excluded from the right of withdrawal under Article 103(l) of the consolidated General Law for the Protection of Consumers and Users. Accordingly, there is no 14-day right of withdrawal for distance bookings of these travel services. This does not affect the termination rights described in clause 4.8.
4.11 Insolvency protection
Eutimia Travel holds the guarantee required by Articles 163 and 164 of the consolidated General Law for the Protection of Consumers and Users and by Article 8 of Decree 101/2018, in the form of a surety insurance policy taken out with AXA Seguros Generales, S.A. de Seguros y Reaseguros (Spanish tax number A60917978), registered office C/ Monseñor Palmer 1, 07014 Palma de Mallorca, Spain, policy 7751-86662082. In the event of the insolvency of Eutimia Travel, travellers may contact that entity directly at aperturas.empresas@axa.es. Insurance broker: INTERMUNDIAL XXI, S.L., Paseo de Recoletos 27, 28004 Madrid, Spain, tel. +34 915 420 209, produccion@intermundial.es to claim a refund of payments made and, where the package includes carriage, repatriation.
Where the package organiser is a third party, the applicable guarantee and the contact details of its guarantor are stated in the booking documentation.
4.12 Travel insurance
Travel assistance insurance and cancellation insurance are strongly recommended. Where purchased through Eutimia Travel, the cover, exclusions and excesses are those of the relevant insurer’s policy, whose terms are provided to the traveller. Claims relating to that cover are addressed to the insurer.
4.13 Data protection
Personal data provided in connection with a booking is processed in accordance with the privacy policy.
4.14 Governing law, complaints and jurisdiction
These terms are governed by Spanish law. Official complaint forms are available to consumers and may be requested by email at david@eutimiatravel.com. Complaints may also be addressed to the Alicante Territorial Tourism Service and to the consumer affairs services of the Generalitat Valenciana.
Where the customer is a consumer, the courts of the consumer’s domicile have jurisdiction.