These are the terms under which we offer Paladar y Tomar travel services. By registering and paying your deposit for a Tour, you are entering into this Participant Agreement with us. Please read these terms carefully before making a deposit or payment for a Tour. These terms may be supplemented by additional terms and conditions specific to your Tour (“Supplemental Terms”). In the event of a conflict between this agreement and the supplemental terms, the Supplemental Terms will apply.

Paladar y Tomar® is a travel brand operated by PYT TRAVEL DESIGN S. L., a fully bonded travel agency based in Spain.

Paladar y Tomar Participant Agreement:

Paladar y Tomar acts as the tour operator (the “Operator”) and is not responsible for the acts or omissions of other parties. The trips and services described on the this website (the “Website”) or in any brochure (the “Tour”) are directly provided by us, the Operator.  The terms and conditions of this Participant Agreement apply to your Tour and the program for the Tour (the “Itinerary”).

Our aim is to provide the right holiday to suit your requirements. You can call us on +34 662-305-125 or +1(646)-934-6676 or email: info@paladarytomar.com and we will answer all your questions and tailor make any itinerary for you as required. In order to maintain our customer services standards and to assist with the on-going training of our staff we may record or monitor our telephone conversations or emails with you.

1. BOOKING YOUR HOLIDAY

1. 1. Private Tours Bookings:

(a) To secure your booking we require a deposit of 40% of the total holiday cost per person – or as advised by Paladar y Tomar, hereinafter the Operator. If you are booking within 45 days of departure, then full payment is required. Payment can be made by bank transfer or by most major credit cards in favor of PYT Travel Design S.L. If for any reason we do not accept your booking your deposit will be returned. No credit cards fees are applied. All wire transfer costs are borne by the customer.

(b) At domestic flights, airlines now require the full name of all passengers traveling. We will therefore ask you at the time of booking to confirm the number of members in your party and to provide us with full passengers details and copy of each member’s passport.

(c) Special Requests, such as diet, food allergies, room location, twin or double bedded room, a particular facility or flight seat which are an important factor in the choice of holiday, should be indicated in writing at the time of booking. We will pass your request on to the hotel or airline but cannot guarantee that it will be accommodated. We will also pass on any dietary requests to airlines but we recommend that you check directly with the airline once your tickets have been issued. The Operator will try to arrange for Special Requests to be met, but cannot guarantee that they will be, nor will the Company 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.

(d) On receipt of your correct deposit we will book your arrangements and issue a Confirmation Invoice.  A contract will come into existence on the date on which we issue a Confirmation Invoice. When you make a booking you are confirming that you are at least 18 years of age and that you understand our booking conditions and have accepted them on behalf of yourself and all members of your party. All contracts with the Operator are subject to these booking conditions.

(e) It is important for you to check the details on the Confirmation Invoice as soon as you get it. In the event of any discrepancy please contact us immediately. If you arrange your Tour direct with the Operator all correspondence and other communications will be sent to the address of the person who made the initial payment unless you specify otherwise. If you request correspondence through a business address, a residential address will also be required for emergency and security reasons.

(f) If your booking is made through a travel agent or travel designer, the Operator will address all communications to that travel agent / designer, who will act as agent for you in regard to all communications from us to you. All monies paid by you 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.

(g) The total balance is due 45 days before departure. If it is not paid in time, we reserve the right to cancel your travel arrangements and retain your deposit.

1. 2. Small Groups Tours Set Departure Bookings:

(a) To secure your booking we require a deposit of 25% – 30% for the trip to Morocco – of the total holiday cost per person – or as advised by Paladar y Tomar, hereinafter the Operator. If you are booking within 90 days of departure, then full payment is required. Payment can be made by bank transfer or by most major credit cards in favor of PYT Travel Design S.L. If for any reason we do not accept your booking your deposit will be returned. No credit cards fees are applied, if not otherwise specified in the particular conditions of contract.

(b) At domestic flights, airlines now require the full name of all passengers traveling. We will therefore ask you at the time of booking to confirm the number of members in your party and to provide us with full passengers details and copy of each member’s passport.

(c) Special Requests, such as diet, food allergies, room location, twin or double bedded room, a particular facility or flight seat which are an important factor in the choice of holiday, should be indicated in writing at the time of booking. We will pass your request on to the hotel or airline but cannot guarantee that it will be accommodated. We will also pass on any dietary requests to airlines but we recommend that you check directly with the airline once your tickets have been issued. The Operator will try to arrange for Special Requests to be met, but cannot guarantee that they will be, nor will the Company 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.

(d) On receipt of your correct deposit we will book your arrangements and issue a Confirmation Invoice.  A contract will come into existence on the date on which we issue a Confirmation Invoice. When you make a booking you are confirming that you are at least 18 years of age and that you understand our booking conditions and have accepted them on behalf of yourself and all members of your party. All contracts with the Operator are subject to these booking conditions.

(e) It is important for you to check the details on the Confirmation Invoice 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 address of the person who made the initial payment unless you specify otherwise. If you request correspondence through a business address, a residential address will also be required for emergency and security reasons.

(f) If your booking is made through a travel agent, the Operator will address all communications to that travel agent, who will act as agent for you in regard to all communications from us to you. All monies paid by you 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.

(g) Certain small group tours might require a minimum number of participants. See special conditions at each tour.

(h) The total balance is due 90 days before departure (120 days for the trip to Morocco). If it is not paid in time, we reserve the right to cancel your travel arrangements and retain your deposit.

1. 3. Single Activities:
To secure your booking for any Single Activity we require 100% upon booking confirmation.

1. 4. Hotels Bookings:
The Operator guarantees a professional and expert accommodation guidance at the best available hotel rate. Through our preferred hotel partners, we have access to special perks such as room upgrades, special amenities, a fee waiver and an absolute total personalization of your stay.

The cancellation policy of each hotel rate will be applied.

To secure your booking we require a deposit of 30% of the total stay cost – or as advised by the Operator. If you are booking within 45 days of departure, then full payment is required. Payment can be made by bank transfer or by most major credit cards in favor of PYT Travel Design S.L. If for any reason we do not accept your booking your deposit will be returned. We don’t apply any credit card fees, if not otherwise specified in the particular conditions of contract.

2. AMENDMENTS & CANCELLATION

2. 1. 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 person who made the initial payment. If it is possible to make the amendment, it will be subject to an amendment charge of 150 € 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.

Scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% cancellation charge in respect of the air fare. Please note that save for the transfer of a booking (see below), it will not be possible to make changes within 28 days of your departure date. Your request may be treated as a cancellation and re-booking and the normal cancellation charges detailed in clause 2.1.(a) 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, jury service, redundancy, unavoidable work commitments or the death or serious illness of a close family member, it may be possible to transfer your booking to a person acceptable to the Operator (but it should be noted that some suppliers, including airlines consider any change of name as a cancellation, thereby attracting cancellation fees of up to the full value of the service), provided that:

(a) If any number of the party is prevented from traveling, it may be possible to transfer the booking to another suitable person, provided that written notice is given at least 45 days prior to departure. You must allow reasonable time for the changes to be communicated to, and accepted by, the supplier.

(b) 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).

(c) Your replacement agrees to be bound by these booking conditions. The administration fee will be 50 € per booking per person, together with all communication charges or other expenses incurred by the Operator (such as multiple revisions, additional research and consultations) at an hourly rate of 60 €. You, as transferor of the Tour, 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. Please note that airlines in particular sometimes charge a l00% cancellation fee and the cost of a new ticket.

2. 2. Cancellation By You:
All cancellations must be advised in writing, hand-signed by the person who made the initial payment and sent to the Operator to: info@paladarytomar.com and need written proof of receivable. Cancellations are effective on the day they are received by the Operator. Recorded delivery is strongly recommended. Since we incur costs in canceling your travel arrangements, the following cancellation charges will be payable, depending upon the number of days prior to departure the Company receives your notice of cancellation.

2. 2. 1. Private Tours cancellation policy:

Written Advice of Cancellation has to be received at info@paladarytomar.com and the following % of total holiday cost penalty will be applied from the date of the cancellation notice:

• More than 45 days: 30% of total holiday cost with a minimum 150 Euro administration fee applied per person;
• 45 – 15 days: 50% of total holiday cost with a minimum 150 Euro administration fee applied per person;
• 14 – 8 days: loss of 75% of total holiday cost with a minimum 150 Euro administration fee applied per person;
• 7 days or less: 100% of total holiday cost.

Particular conditions of contract may apply, where no specified these General Terms and Conditions will apply. Refunds will be made by wire transfer.

2. 2. 2. Small Group Tours Set Departure Bookings Cancellation policy:

Written Advice of Cancellation has to be received at info@paladarytomar.com and the following % of total holiday cost penalty will be applied from the date of the cancellation notice:

• More than 90 days before departure: 25% of total holiday cost per person;
• 90 -61 days before departure: 50% of total holiday cost per person;
• 60 – 31 days before departure: 75% of total holiday cost per person;
• 30 days or less before departure: 100% of total holiday cost per person.

On our trips to Morocco and Sicily, special a different policy applies:

• More than 120 days before departure: 30% of total holiday cost per person;
• 90 -61 days before departure: 50% of total holiday cost per person;
• 60 – 31 days before departure: 75% of total holiday cost per person;
• 30 days or less before departure: 100% of total holiday cost per person.

Particular conditions of contract may apply, where no specified these General Terms and Conditions will apply. Refunds will be made by bank transfer.

2. 2. 3. Single Activities cancellation policy:

All cancellations must be submitted to Paladar y Tomar in writing to: info@paladarytomar.com and the following % of total activity cost penalty will be applied from the date of the cancellation notice:

More than 30 days prior to the scheduled activity date: 20% of the total amount with a minimum 100 € for administration fee;
From 30 to 15 days prior to the activity date: 50% of the total amount;
14 or fewer days prior to the scheduled activity date: 100% of total activity (non refundable)

NOTE: Your decision not to participate on a Tour or Activity due to State Department warnings, fear of travel, illness or any other reason will be deemed a cancellation. If a flight or other delay for any reason prevents you from joining the Tour on the Tour departure date and time, you will be considered a no-show, and we cannot provide a full or partial refund or credit toward a future Tour, but you may start later or join a Small Group Tour later if you wish.

2. 2. 4. Hotels amendments and cancellation policies:

Written Advice of Cancellation has to be received at info@paladarytomar.com and the hotel cancellation policy will be applied.

Refunds will be made by bank transfer.

2. 2. 5. Cancellation charges for domestic flights:

Written Advice of Cancellation has to be received at info@paladarytomar.com and the airline cancellation policy will be applied depending on air codes. On regular basis, economy class tickets are 100% non-refundable at time of booking.

2. 2. 6. Other Important Considerations:
Specific terms may apply in special services such as private cruises or yacht rental, weddings, events, apartments and villa rentals. 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.

(a) 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. 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.

(b) Accuracy of information. The Operator checks the information provided very carefully. However, some tour, excursion or cruise 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 the Operator is told of any significant or long term changes we will always endeavor to advise you prior to your departure.

(c) Amendments by the Operator. Great care is taken to ensure that the description and prices given in our brochures and on our website are accurate at the time of publication. However, changes can occur, and the Operator reserves the right to change any of the details, including prices, in which case the Operator will advise you of any such change before accepting your booking. After a Confirmation Invoice has been issued, the Operator makes every effort to operate all Tours as advertised. We plan arrangements a long time in advance of your holiday using independent suppliers such as airlines, 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 flight time by more than 12 hours, a change of airport (except between airports serving the same city) that increases the distance to your destination in more than 100 km, a change of destination 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 three alternatives. You may accept the modification, you may change your booking to another available and 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.

(d) Low bookings: means that an insufficient number of people have booked the arrangements to make their operation financially viable in the advertised form. In that case you’ll be notified on the terms established and the trip will be cancelled, although there is no right for any compensation.

3. PALADAR Y TOMAR PRICE POLICY

(a) All prices are in Euros and include local VAT (IVA).

(b) The Operator will not give a breakdown of the costs involved in a Tour.

(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) Government actions such as changes in VAT or any other government imposed changes and currency changes in relation to an exchange rate variation may also vary the price after you have booked. 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 final 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 return the Confirmation Invoice to the Company with full payment to reach the Company within 7 days of the date when the Confirmation Invoice was first posted to you.

Credit Card Fraud Contingency

If you do not supply the correct credit or debit card billing address and/or cardholder information, your booking will not be confirmed, the issue of your tickets may be delayed and the overall cost may increase. We reserve the right to cancel your holiday if payment is declined for any reason or if you have supplied incorrect credit or debit card information. We also reserve the right to carry out random checks (including but not limited to a search of the electoral roll) in order to minimize credit or debit card fraud. As a result of this, before issuing tickets we may require you to provide us with a postal copy of proof of address, a copy of your credit or debit card and a recent statement. If Paladar y Tomar becomes aware of, or is notified of, any fraud or illegal activity associated with the payment for the booking, the booking will be cancelled and you will be liable for all costs and expenses arising from such cancellation, without prejudice to any action that may be taken against us.

4. RESPONSIBILITIES OF THE OPERATOR & LIMITS ON HIS RESPONSIBILITY

The Operator, its employees, officers, directors, successors, agents and assigns, does not own or operate any property or entity which is to or does provide goods or services for your trip. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers. All such persons and entities are independent contractors.

(a) The Operator applies all reasonable checks to ensure that those involved in the preparation and provision of your Tour or Activity maintain the appropriate standards.

(b) The descriptions, information and opinions given in our brochures or on the website by the Operator in respect of the airlines, hotels and other suppliers whose services are used are given in good faith, based on the latest information available at the time of printing. 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 before your departure is not as described in our brochure, on our website, or itinerary or not of a reasonable standard. 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 acceptance of liability to pay compensation pursuant to this clause (4.b) is limited, in the case of air travel, rail travel, sea travel or hotel accommodation, to the amount set out in the provisions of, respectively, the Warsaw Convention as amended by the Hague Protocol 1955, the 1961 Berne Convention, the 1974 Athens Convention and the 1962 Paris Convention. The Operator’s acceptance of liability in this clause (4) is subject to assignment by the Client to the Operator of the Client’s rights against any agent, partner or sub-contractor of Paladar y Tomar which is in any way responsible for the unsatisfactory holiday arrangements or the Client’s death or personal injury.

(d) Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. The Operator 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 Tour after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. We strongly recommend you 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.

(e) 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.

(f) As a result, the Operator is not liable for any negligent or willful act of any such person or entity or of any third person. In addition and without limitation, the Operator is not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.

FORCE MAJEURE

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 (actual or threatened), industrial dispute, unavoidable technical problems with transport, machinery or equipment, power failure, changes imposed by rescheduling or cancellation of flights by an airline, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, pandemics or outbreaks of illness and level of water in rivers.

5. YOUR RESPONSIBILITIES

(a) It is important that you check the details on your Confirmation Invoice when you receive it. In the event of any discrepancy, you should contact the Operator or your travel agent immediately.

(b) All travelers without exception (including babies and persons under 18 years of age) shall carry valid documentation. All children should travel on full passports. It is your responsibility to obtain all documents required for your holiday, including passports, visas, health certificates 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.

(c) 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.

(d) 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 behavior 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.

(e) 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.

(f) 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 you authorize the Operator to automatically debit your credit card to the value instructed by the supplier for any such costs and/or charges.

6. INSURANCE

It is strongly recommended 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 organized 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 intend to scuba dive or undertake any other dangerous or sports activities. Please keep your insurance details with you whilst on holiday.

Any questions about what travel insurance does or does not cover should be addressed directly to the travel insurance company. If you decline insurance coverage, you will personally assume full responsibility for any financial loss associated with your travel arrangements, and you could lose your travel investment and/or have to pay more money to correct the situation.

The Operator offers advice about travel insurance options, but is not business related to any insurance company.

7. AIRLINES (DOMESTIC FLIGHTS) & 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. (Copies are available on request – please allow 28 days). 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 published 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. If your airline does not acknowledge your rights, you should complain to the Air Transport Users’ Council.

(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) The majority of airlines have introduced a total smoking ban on most or all of their flights. Please ask before booking if this information is important to you.

(d) 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.

8. EXCURSIONS

Please note that when you book an excursion locally you contract with Paladar y Tomar (the “Operator”). Paladar y Tomar gives advice, guidance and provides all local services.

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 airlines, 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. If, however, we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot accept your booking. 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 Company during normal working hours.

(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(i) above are incurred and you fail to settle these directly with the supplier, in order that the Company 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.

(c) Paladar y Tomar declares its respect for and observance of the provisions contained in the Organic Act 15/1999 of December 13 of the Spanish Personal Data Protection Act (hereinafter, LOPD) and compliance with legal provisions contained in the Spanish Royal Decree of 21 December 2007 which approves the Regulation implementing the Organic Act of the Spanish Personal Data Protection Act, for which purpose it has established all technical means at its disposal to prevent the loss, misuse, alteration, unauthorized access and misappropriation of data that you provide to PYT TRAVEL DESIGN S.L.See the privacy policy.

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. The Operator is happy to give you advice and to try to assist you in choosing a Tour that will meet your requirements. However, our holidays are based in Spain and Portugal – and even if we offer off the beaten track – we can easily reach all the facilities for disabled guests such as ramps for wheelchairs, lifts and so on. Few of our Tours require a fair degree of physical fitness. Excellent medical facilities are available all over the countries. In order to assist you we must be provided prior to booking with full written details regarding your medical condition and any special requirements which result from this. An appropriate medical form will be sent to you for this purpose. Air travel can cause problems for some people with circulatory or bronchial problems, such as deep vein thrombosis. It is inadvisable for anyone with high blood pressure or respiratory problems to visit high altitudes. You should consult your doctor for advice before you book and in good time before your departure.

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 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) The emergency phone in the voucher is for clients to use it and give the Operator a chance to correct whatever irregularity they may experience; therefore the Operator will consider with special caution any complaint received once the trip is over if clients didn’t make use of the emergency phone.

(c) In the rare event of a dispute which cannot be settled amicably, it may (if you wish) be referred to arbitration under a special scheme, which, though devised by arrangement with the Junta Arbitral de Consumo de Cataluña, is administered quite independently by the Chartered Institute of Arbitrators. The scheme (details of which will be supplied on request) provides for a simple and inexpensive method of arbitration on documents alone, with restricted liability on holiday-makers in respect of costs. The scheme does not apply to claims which are solely or mainly in respect of physical injury, illness, nervous shock, death or their consequences. The scheme can, however, deal with compensation claims which include an element of minor injury or illness.

12. GOVERNING LAW

The present Terms and Conditions are subject to the stipulations of the Real Decreto Legislativo 1/2007, 16th November of Spanish law, adapting the texts of the Ley para la Defensa de los Consumidores y Usuarios (Consumer Protection Act) and other complementary laws.

13. DESCRIPTIONS

Every effort is made to ensure that the details, description and prices contained in company literature are correct, based on personal 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 Tour whereby advertised facilities can sometimes become unavailable at short notice due to inclement weather conditions, lack of demand, emergency repair works etc.

14. FINANCIAL PROTECTION

Being a licensed travel agency (GC-003929) all the tours and activities in our brochures and on our websites are financially protected by a fully bonding insurance. For more information about financial protection and Póliza de Caución Obligatoria para Agencias de Viajes go to: Generalitat de Catalunya (Catalan Government).