Nerja Active Holiday

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Our general travel conditions. These conditions are part of every travel agreement with Servizissimo c.b..

General travel conditions

Servizissimo c.b. located in Torrox-Nerja Spain Iva: ES-E93437085

Article 1. Applicability
These conditions are part of every travel agreement with Servizissimo c.b.
Servizissimo c.b. will explicitly reject a referral by the other party to its own terms and conditions.

Article 2. Establishment of the travel agreement
1. The travel contract is only established when Servizissimo c.b. sent a written booking confirmation to the other party.
2. Any additions and / or changes made later, as well as (verbal) commitments made by Servizissimo c.b. and / or its personnel, are only binding if Servizissimo c.b. confirmed in writing.
3. Participation of the other party in excursions or activities not organized or authorized by Servizissimo c.b. are not included in the with Servizissimo c.b. concluded General Travel Conditions.

Article 3. Joint and several liability
1. If the travel agreement is also concluded by the other party on behalf of third parties, the other party shall be jointly and severally liable for all obligations arising from the travel agreement. Notwithstanding the foregoing, the aforementioned third parties are also liable to Servizissimo c.b. for their own part in the agreement.
2. In good time before the trip commences, the other party may be replaced by another party if the following conditions are met:
- the other person fulfills the conditions attached to the contract; and
- the request is submitted no later than 7 calendar days before departure;
The replacement must take place by means of a written notice from the other party to Servizissimo c.b.

Article 4. Changes by Servizissimo c.b.
1. Servizissimo c.b. has the right to change the travel agreement if serious circumstances require it. In that case Servizissimo c.b. will notify the other party as soon as possible. Important circumstances are circumstances of such a nature that further obligation of Servizissimo c.b. to the agreement can not reasonably be demanded. This will in any case be the case if a negative travel advice has been issued by the British government before the date of departure for that area. Furthermore, the behavior of the other party can also constitute a weighty reason to change the travel agreement.
2. Servizissimo c.b. reserves the right to change or replace one or more parts of the trip if circumstances so require. Conditions can among oher things be weather conditions.

Article 5. Cancellation by Servizissimo c.b.
1. Servizissimo c.b. has the right to cancel the travel agreement if important circumstances, as described in article 4 paragraph 1, make this necessary. It should be noted that the behavior of the counterparty can also constitute a weighty reason to cancel the travel agreement. Servizissimo c.b. in that case the other party will notify as soon as possible.
2. In the event of termination for serious reasons, Servizissimo c.b. repay the amounts already paid immediately.

Article 6. Complaints
1. Complaints must always be reported individually and immediately to the relevant travel management or representation. The latter has the explicit task to immediately provide a solution. However, it is not entitled to make commitments. If the tour guide is unable to solve the problems, a statement of the problem will be drawn up at the request of the other party, from which it will receive a copy. If despite all our efforts you still feel that you have a justified complaint, you must submit this in writing within 14 days after returning home.
2. Only when submitting the aforementioned declaration or direct reporting can an investigation into possible compensation be followed.
3. Servizissimo c.b. is not liable for damage caused by loss, theft and / or damage to travel luggage and / or other personal belongings. Any liability is excluded in this and Servizissimo c.b. strongly advises to take out travel insurance.

Article 7. Obligations of the other party
1. The other party is obliged to comply with all instructions that are made by or on behalf of Servizissimo c.b. to promote the proper execution of the travel agreement and are liable for damage caused by his unauthorized behavior. The other party that causes such nuisance or inconvenience as to endanger the proper execution of the travel arrangement may also be excluded from further participation. All costs arising from this shall be borne by the other party if and insofar as the nuisance or expense can be attributed to it.
2. The other party is obliged to avoid any damage or to limit it as much as possible and to immediately report any damage to Servizissimo c.b.
3. The other party is urged to insure itself against the consequences of loss, theft, damage to luggage, illness, accident on the spot or during the trip. The other party, under the explicit stipulation, registers that the other party recognizes this as the other party's own responsibility and Servizissimo c.b. never be liable for this. The other party must, to this end, sign a statement of indemnity.

Article 8. Cancellation / interruption
1. If the other party cancels the holiday, the following cancellation costs apply in addition to the administrative costs:
a. On cancellation up to the 28th day before the start day: the down payment.
b. Cancellation from the 28th day to the 7th day before the start day: 65% of the travel sum.
c. Cancellation from the 7th day until the start day 100% of the travel sum.
d. If you do not show up on the start day: 100% of the travel sum.
e. If, for any reason, you interupt the holiday week or deside to end the holiday week premature: 100% of the travel sum.
The time of cancellation is the date when the written confirmation of cancellation is received by Servizissimo c.b .

Article 9. Liability and force majeure
1. Servizissimo c.b is obliged to execute the agreement in accordance with the expectations that the other party can reasonably have on the grounds of the agreement.
2. If the trip does not go according to the intended expectations, the other party is obliged to inform Servizissimo c.b. as soon as possible.
3. Servizissimo cb is only obliged to compensate the other party for damage if there is a shortcoming attributable to Servizissimo cb, or to the person whose assistance it uses in the execution of the agreement.

A to Servizissimo c.b. attributable shortcoming does in any case not aply when:
a: the shortcoming in the execution of the agreement can be attributed to the other party or his fellow travellers; or
b: the shortcoming in the execution of the agreement could not be foreseen or could be lifted, and is attributable to a third party who is not involved in the delivery of the services included in the journey; or
c: the shortcoming in the execution of the agreement is due to an event that the Servizissimo c.b. or the person whose assistance he makes use of in the execution of the agreement, with due observance of all possible care, could not foresee or remedy; or
d: the shortcoming is the result of cancellation by Servizissimo c.b. because the number of registrations is less than the required minimum number and the other party has been informed of this in time.
4. Force majeure means abnormal and unforeseeable circumstances the consequences of which, despite all precautions, could not be avoided and which independently of the will of Servizissimo c.b. to exist.

Article 10. Payment
1. After booking, the other party must pay Euro 100,- per participater within 5 days, plus the administration costs due as a deposit. The remaining amount must be received by Servizissimo c.b. no later than 1 calendar month before the start date, unless otherwise agreed. In the event of late payment, the right to travel will lapse and Servizissimo c.b. is entitled to cancel the holiday. For bookings within 1 calendar month before the start date, the full travel sum must be paid by return. The total travel sum must in all cases be received by Servizissimo c.b. before the travel date.