GENERAL CONDITIONS

0. PURPOSE

These General Conditions regulate the purchase of combined travel packages offered on the website www.flyfishingfrance.com owned by Viajes Pesca Mosca S.L. (hereinafter, FLY FISHING FRANCE).

The acquisition of any of the packages offered entails the full and unreserved acceptance of each, and every one of the General Conditions indicated, without prejudice to the approval of the Particular Conditions that may be applicable and that are agreed in the contract or that appear in the travel documentation provided simultaneously to the signing of the agreement. If the user disagrees with the established conditions, it is preferable that the contracting of the services offered on our website is not accessed.

These General Conditions may be modified without prior notice. Therefore, it is advisable to read their content carefully before acquiring any of the travel packages offered.

The language used for recruitment shall be English.

1. IDENTIFICATION

FLY FISHING FRANCE, in compliance with Law 34/2002, of July 11, Information Society and Electronic Commerce Services, informs you that:

  • Its corporate name is: Viajes Pesca Mosca S.L. 
  • Its commercial name is: FLY FISHING FRANCE.
  • Its CIF is: B09937632
  • Its registered office is at Ronda Norte Nº 8, 22714, Navasa, HUESCA (SPAIN)
  • It is registered in the Mercantile Registry of Huesca, Volume 696, Folio 95, Page HU-14898.
  • Travel agency registered in the Community of Aragon with CAA404 License.
  • Active Tourism Company with License TA-HU-0539

2. COMMUNICATIONS

To contact us, we put at your disposal different means of contact that we detail below:

  • Phone: 690723991
  • Email: flyfishingfrance@gmail.com
  • Maling address: Ronda Norte Nº 8, 22714, Navasa, HUESCA

All notifications and communications between users and FLY-FISHING FRANCE will be considered adequate for all purposes when made through any of the means detailed above.

3. COMBINED VEHICLES

FLY FISHING FRANCE is a retail and wholesale travel agency, so it will be considered Organizer and/or Retail Agency, as the case may be.

“Organizer” means a natural or legal person who organizes package tours on a non-occasional basis and sells or offers them directly or through a retailer. 

“Retail agency” means the natural or legal person who sells or offers the package an organizer proposes.

A “package” is considered when two or more services (transport, accommodation, other tourist services) sold at a homogeneous or global price are combined and when it exceeds 24 hours or one night’s stay.

These conditions do not cover individual hotel services, transport, or other tourist products.

The combined packages offered by FLY FISHING FRANCE are not standard but are organized in a personalized way according to the client’s requests.

FLY FISHING FRANCE reserves the right to decide, at any time, the combined travel packages and/or services offered to Customers. In this way, FLY FISHING FRANCE may, at any time, add new trips and/or services to those currently provided. Likewise, FLY FISHING FRANCE reserves the right to withdraw or stop offering any products offered at any time and without prior notice.

Once inside www.flyfishingfrance.com, and to access the contracting of the different packages of combined trips, the User must follow all the instructions indicated in the purchase/reservation process, which will imply the reading and acceptance of all the general and particular conditions set www.flyfishingfrance.com

4. BOOKING / CONTRACTING PROCESS

To make any reservation or contract at www.flyfishingfrance.com the client must be of legal age.

The package design will be based on the emails exchanged between the Agency/Organizer and the client, in which the agreed characteristics will be fixed.

The reservation will be confirmed by sending the customer an email that will include the destination, the date of departure and return, the means of transport with the indication of schedules, and the accommodation, the number of rooms and food regime contracted, and the object of this travel contract.  In addition, the total price of the reservation is indicated, as well as the supplements/discounts, if any.

It is recommended that the customer keep a physical copy of the booking confirmation and contract conditions.

5. PRICES AND TAXES

The organized package’s price and the agreed payment form will be communicated to the client via email.

Discounts, promotions, offers, etc., will be applicable on the base amount of the trip and will never be made on net amounts such as the airport or port taxes.

The price of the package includes the following:

– Transport to and from location, when this service is included in the contracted program/offer, in the type of transport, characteristics, and category that appears in the reservation and documentation sent by mail to the consumer.

– The accommodation, when this service is included in the contracted program/offer, in the accommodation and food regime that appears in the reservation, and according to documentation sent by mail to the consumer. 

– Indirect taxes (VAT, IGIC) when applicable.

– Technical assistance during the trip when this service is specifically included in the contracted program/offer.

– All other services and complements that specified explicitly are specified explicitly in the contracted program/offer.

– In the case of additional expenses provided for in the combined service to be borne by the consumer, which is not paid to the Organizer or the Retail Agency, their existence will be informed if their amount is known.

 

The price of the package tour does NOT include:

– Visas, entry and exit fees, vaccination certificates, “extras” such as drinks (if not expressly included as included), special diets, laundry service, optional hotel services, excursions, and optional visits… and in general, any other service that does not expressly appear in the section “The price of the package includes” or is not explicitly detailed in the reservation or in the documentation sent to the consumer.

– On the fishing trips, licenses, special permits, workshops, and the rental of fishing equipment will not be included unless otherwise indicated.

– Gratuities and gratuities are not included in the price of the package. In stipulated cases, the gratuity loses its voluntariness. At the start, the consumer is warned that he must assume the commitment to deliver at the end of the trip, mainly depending on the duration. That amount, fixed before the start of the journey, is intended solely for service personnel.

6. PAYMENT METHODS AND REFUNDS

The payment for the trip will be made as follows:

. Booking confirmation: 50% deposit at the time of confirming your reservation.

.  50% remaining: before 90 days of the start of the trip.

How to formalize these payments:

a. By bank transfer. –

It will be carried out through a link provided by the ECSC trading platform in which the agreed amount will be indicated.

b. By credit or debit card 

You can make the payment immediately through our Bank’s SSL secure payment gateway. If it is necessary to make any refund or cancellation, the amount will be refunded through the same payment card.

c. Cash

This form of payment will only be accepted for the remaining 50% and if it is less than € 1,000.

If the total price of the reservation is not paid under the conditions indicated, it will be understood that the consumer withdraws from the requested trip, applying the requirements set out in the following section. If, before the contract’s conclusion, the Organizer cannot provide any of the services requested by the consumer and so communicates it through the Retail Agency, the consumer may withdraw from his request by recovering only the amounts deposited, if any. All refunds appropriate for any concept will always be formalized through the Retail Agency where the registration was made, not making any refund for services not used voluntarily by the consumer. The purchase of any product will only be practical at the time the Retail Agency validly charges the credit card provided or receives the transfer for the amount of said purchase and may be canceled by the Retail Agency. In the event that the credit card is rejected for any reason, your reservation may be canceled without prior notice. The fact of requesting a reservation implies a commitment on the part of the consumer to authorize the charge on the credit card he supplies for the agreed amount.

7. MODIFICATION OR CANCELLATION OF THE TRIP BY THE ORGANIZER.

The Retail Agency undertakes to provide the consumer with all the contracted services contained in the program that has given rise to the combined travel contract, with the conditions and characteristics stipulated, all according to the following points:

1. If the Organizer is obliged to significantly modify any essential element of the contract before the trip’s departure, he must immediately inform the consumer.

2. In such a case, unless the parties otherwise agree, the consumer may choose to terminate the contract without penalty or to accept a modification of the contract in which the variations are introduced, and their impact on the price is specified. The consumer must communicate his decision to the Retail Agency within three days of receiving the notification in the previous section. In the event that the consumer does not notify his decision in the terms indicated, it will be understood that he opts for the termination of the contract without any penalty unless he makes the trip with the modifications introduced, which will be considered a tacit acceptance of the modified contract.

3. In the event that the consumer chooses to terminate the contract, under the provisions of paragraph b), or that the Organizer cancels the package before the agreed departure date for any reason that is not attributable to the consumer, the consumer will be entitled, from the moment of the resolution of the contract to the reimbursement of all sums paid under it, or to the completion of another package of equivalent or higher quality, provided that the Retail Agency can propose it. If the trip offered was of inferior quality, the Organizer or the retail agency must reimburse the consumer and user, where appropriate, on the basis of the amounts already paid, the difference in price, per the contract.

4. In the above cases, the operator and the retail agency will be responsible for the payment to the consumer of the compensation that, where appropriate, corresponds to a breach of contract, which will be 5% of the total price of the contracted trip, if the aforementioned breach occurs between 60 and 15 days immediately prior to the expected date of the trip; 10% if it occurs between the previous 15 and 3 days, and 25% if it appears in the previous 48 hours.

5. There will be no obligation to compensate in the following cases:
– When the cancellation is due to the fact that the number of people registered for the combined trip is less than required, and this is communicated in writing to the consumer at least ten days before the scheduled date of the trip.
– When the cancellation of the trip, except in cases of overbooking, is due to reasons of force majeure. Causes of force majeure are circumstances beyond the control of the Retail Agency or Organizer, anomalous and unforeseeable, whose consequences could not have been avoided, despite having acted with due diligence.

6. If, after the start of the trip, the Organizer does not provide a substantial part of the services provided for in the package, it shall adopt the appropriate solutions for the continuation of the box without any supplement to the price for the consumer, and, where applicable, shall pay the consumer the amount of the difference between the foreseen services and those provided. If the consumer continues with the solutions given by the Organizer, he will be deemed to have tacitly accepted these proposals.

7. If the solutions adopted by the Organizer are not feasible or the consumer does not accept them for sensible reasons, the organizer must provide the latter, without any price supplement, with a means of transport equivalent to that used on the trip to return to the place of origin, without prejudice to any compensation that may be applicable.

8. In the event of a complaint, the Retail Agency or, where appropriate, the Organizer must act diligently to find the right solutions.

9. In no case is everything not included in the Combined Travel Contract (such as for example, transport tickets from the place of origin of the traveler to the place of departure of the trip, or vice versa, hotel reservations days before or after the trip, etc.) will be the responsibility of the Organizer, there being no obligation to compensate for these possible expenses of independent services in case that the journey is canceled for the reasons provided for in subparagraph (e).

10. The transport service from the airport, port, or station to the hotel or other place foreseen in the trip is contracted as a rule until one hour after the user’s estimated arrival time to them. Therefore, if the aforementioned arrival occurs after that period, even for reasons of force majeure, the transport service may not be provided. If the transport/assistance from the hotel-airport or vice versa to or other similar ones included in the reservation are not fulfilled, mainly for reasons beyond the control of the transporter and not attributable to the Organizer, the latter will reimburse only the amount of the alternative transport used by the consumer in the trip, upon presentation of the corresponding receipt or invoice.

11. Refunds will only be made for services voluntarily used by the traveler.

8. MODIFICATION OR CANCELLATION BY THE CONSUMER

8.1 – Cancellation of the reservation by the consumer:

 

IMPORTANT: Only if the retail agency cannot replace the traveler:

  • Trips cancelled less than 90 days before the start date of ground services, 100% corresponding to the reservation, which corresponds to the entire trip cost, is forfeited (if no substitute is found).
  • Trips canceled more than 90 days before the start date of ground services, 50% corresponding to the reservation, which corresponds to 50% of the total cost of the trip, is lost if a person is not found to replace the traveler. The remaining 50%, if paid, will be returned, or reserved for future trips. 

 

If the retail agency can replace the traveler:

 

The consumer may withdraw from the services requested or contracted, having the right to a refund of the amounts paid only if the retail agency can replace the traveler but must compensate the Organizer or the Retail Agency in the amounts indicated below:

  • Management fees (150 € per person and trip).
  • The cancellation costs of the suppliers, if any.

If you do not show up at departure, the consumer and user is obliged to pay the total amount of the trip, paying, where appropriate, the outstanding amounts unless otherwise agreed between the parties. 

If the contracted and canceled services are subject to unique economic contracting conditions (non-refundable hotel or transport rates, hiring of special flights, circuits, cruises, etc.) the cancellation costs will be those established by the supplier.

 

8.2 – Modification of the reservation by the consumer:

Any change and/or modification requested by the consumer once the booking process has begun will incur management fees. They may be subject to possible rate changes and the new availability of places. Any cancellation and modification must be received at the Retail Agency during working hours from Monday to Friday to be considered adequate. Otherwise, the date of cancellation modification will be understood as practical from the following working day.

9. TRANSFER OF THE RESERVATION

The packaged consumer may transfer his reservation to a third person who meets all the required conditions. Both will be jointly and severally liable to the retail agency for the payment of the price of the trip and the additional expenses originated by the assignment. The assignment must be communicated in writing 30 days before the start of the journey. 

10. – OBLIGATIONS OF THE CONSUMER

10.1.- To communicate any breach in the execution of the contract:

The consumer is obliged to report any breach in the execution of the contract, preferably “on site” to the representative of the Organizer at destination as stated in the travel documentation or, in another case, as soon as possible, in writing to the Organizer or the Retail Agency and, where appropriate, to the service provider in question, to the phone numbers and addresses indicated on the vouchers-tickets. In the event that the solutions arbitrated by the Retail Agency are not satisfactory for the consumer, the latter will have a period of one month to complain to the Retail Agency and in reciprocity the Organizer will formally answer before one month has elapsed since its receipt, using the same channel.

 

10.2.- Documentation in order:

All users, including children, must carry their corresponding personal and family documentation, be it a Passport or ID, according to the laws of the country or countries that are visited. They will be responsible when the trips require obtaining visas, passports, vaccination certificates, etc. If any authority refuses the granting of visas for particular reasons of the consumer, or his entry into the country is denied because he lacks the requirements that are demanded, or because he is not a carrier of the required documentation, the Organizer and the Retail Agency declines all responsibility for facts of this nature, being the responsibility of the consumer any expense that arises, applying in these circumstances the conditions and rules established for the cases of voluntary withdrawal of services. All users, and especially those with nationality other than Spanish, are also reminded that they must ensure, before starting the trip, that they have complied with all the applicable rules and requirements regarding visas in order to be able to enter without problems in all the countries to be visited. Minors under 18 years of age must carry a written permit signed by their parents or guardians in anticipation that it may be requested by any authority. We alert South American people to the existence of visas in many Eastern European countries. The traveler declares that he knows and will comply with government requirements for the exit, entry, and other documentation.

11. RESPONSIBILITY OF ORGANIZERS AND RETAILERS

The Organizer and the Retail Agency will be liable to the consumer, depending on the obligations that correspond to them by their respective scope of management of the package trip, for the correct fulfillment of the obligations derived from the contract, regardless of whether these must be executed by themselves or other service providers, and without prejudice to the right of the Organizer and Retail Agency to act against said service providers. The Organizer states that it assumes the functions of organizing and executing the trip.

The Organizer and Retail Agency of package tours will be liable for the damage suffered by the consumer due to the non-execution or deficient execution of the contract.

 This responsibility will cease when any of the following circumstances occur:

1. That the defects observed in the execution of the contract are attributable to the consumer.

2. Such defects are attributable to a third party unrelated to the supply of the services provided in the contract and are unforeseeable or insurmountable.

3. That the defects referred to are due to reasons of force majeure, understood as those circumstances beyond the control of the person who invokes them, abnormal and unforeseeable, whose consequences could not have been avoided despite having acted with due diligence.

4. That the defects are due to an event that the retailer or, as the case may be, the Organizer, despite having exercised all the necessary diligence, could not foresee or overcome.

5. However, in the event of exclusion of liability due to any of the circumstances provided for in numbers 2, 3 and 4, the Organizer and the Retail Agency that are parties will be obliged to provide the necessary assistance to the consumer and user who is in difficulty.

 

Limitation of Liability:


Regarding damage other than bodily damage, the consumer must always provide this. In no case are the Retail Agency or Organizer responsible for the costs of accommodation, meals, transport, and others that arise due to delays in departures or returns of the means of transportation due to force majeure. When the trip is made by any means of land transport contracted by the Organizer directly or indirectly, in case of an accident, the consumer must submit the relevant claim against the transport entity to safeguard, where appropriate, the compensation of the insurance of the latter, being assisted and advised free of charge in its efforts by the Retail Agency.

 

Responsibilities of airlines:

From 2005 onwards, passengers carrying their corresponding air ticket may directly demand from the air carrier transporting them the fulfillment of its obligations in the event of overbooking, serious delays, loss of luggage, etc. in accordance with Regulations (EC) No 889/2002  and (EC) No 261/2004. 

12. INFORMATION TO BE PROVIDED TO THE CONSUMER

The consumer can obtain detailed and updated information on the specific documentation necessary for the chosen trip, as well as information on the probable risks implicit to the destination and the contracted trip, on the websites of the competent tourism authorities of his country and / or destination country. It is advisable to take out insurance to cover cancellation costs and/or assistance insurance to cover reimbursement costs in the event of an accident, illness, or death.

13. ADDITIONAL INFORMATION 

13.1.- Air travel

In air travel, the presentation at the airport will be made at least an hour and a half before the official departure time. The specific recommendations indicated in the travel documentation provided to the consumer will be strictly followed. In contracting air services, it is recommended that the client reconfirms 48 hours in advance the departure or return times of the flights. A direct air route shall always be understood as one whose support is a single flight ticket, regardless of whether the flight makes a technical stop. In some cases, certain air segments will be made with an airline that does not appear on the ticket or in the booking confirmation due to the code sharing and alliances between airlines, for which neither the Organizer nor the Retail Agency can be held responsible. Since 2007, airlines have been obliged to issue electronic air transport tickets. 

Due to the multitude of airlines and contractable fares, it is recommended to reconfirm the baggage allowance allowed in each case.

13.2.- Hotel Categories

The quality and content of the services provided by the hotel will be determined by the official tourism category, if any, assigned by the competent body of your country. In some cases, information on the category of hotels will be provided using the star rating, even if this is not the one in force in the specific country, so that the consumer can, through star equivalence, be more easily oriented about the services and categories of the establishments, always knowing that such rating only responds to the assessment made by the Organizer.

Rooms. Given the current legislation in this regard, which establishes only the existence of single and double rooms allowing that in some of the latter, a 3rd and 4th bed can be enabled, it will be assumed that the use of these extra beds is done with the knowledge and consent of the people who occupy the room. Thus the room will be reflected as triple in all the reservation forms provided to the consumer.

Check-ins and Checkouts. The usual schedule for entry and exit in hotels depends on the first and last service that the consumer will use. As a general rule and unless expressly agreed otherwise, the rooms may be used from 2 pm on the day of arrival and must be vacated before 12 noon on the day of departure.

When the contracted service does not include the permanent accompaniment of a guide and in the event that the user foresees his arrival at the hotel or apartment booked on dates or times other than those outlined, it is convenient to avoid problems and misinterpretations, to communicate as far in advance as a possible such circumstance to the Retail Agency, or to the establishment directly. The hotel accommodation service will be understood to be provided assuming that the room has been available to the consumer on a corresponding night, regardless of the fact that, due to circumstances of the Combined Trip, the entry time in it occurs later than initially planned.

Pet admission. Likewise, you should consult the Retail Agency, when booking, about the possibility of bringing animals, as they are generally not admitted to hotels and apartments.

Food services. S.A. / H.A. = Accommodation only. A.D. / H.D. = Bed and breakfast. M.P. = Half board (usually breakfast, dinner, and accommodation) P.C. = Full board (breakfast, lunch, dinner and accommodation). T.I. = All inclusive. S.P. = According to program Unless expressly indicated, drinks are never included.

On flights whose arrival at the destination is made after 12.00 hrs., the first service of the hotel, when included in the reservation, will be dinner. If the arrival is made after 19.00 hrs., the first service of the hotel will be the accommodation.
Supplementary Services. When users request additional services (room with sea view, etc.) which cannot be definitively confirmed by the Organizer and which cannot be fulfilled, the Retail Agency shall not incur any liability other than that of 

refunding the amount paid for such services immediately upon withdrawal of the service by the consumer or return from the trip. Some facilities in some hotels are operational exclusively on specific dates and not throughout the season, such as air conditioning, heating, swimming pools, jacuzzi, etc. will be subject to what is determined by the hotel establishment.

Depending on the number of customers according to nationality, hotels reserve the right to schedule their exclusive activities in foreign languages.

13.3.- Apartments

When making the reservation, the consumer is entirely and exclusively responsible for correctly declaring the number of people to occupy the apartment, without omitting children, whatever their age. It is noted that the administration of the apartments can legally refuse to admit the entry of those undeclared persons, with no claim for that reason. In some cases, there is the possibility of enabling extra beds or cost, which the consumer must request before the contract is concluded. Unless expressly mentioned otherwise, will not be included in the price published in the apartment. In the rental of apartments on some occasions, the corresponding lease contract must be signed “in situ” according to the model adjusted to the current LAU, of which, if possible and if requested in writing by the consumer to the Retail Agency, you can obtain a copy prior to the start of the trip. The consumer must sign this contract, who will pay the corresponding deposit or civil liability insurance to respond for any damages if required.

13.4.- Circuits

The Organizer informs the consumer that in circuits, the accommodation service will be provided in one of the establishments related in the same or in another of the same category and area and also that the itinerary of the circuit may be developed according to any of the options also described in the program/offer. In the above cases, if the consumer accepts this method prior to the conclusion of the contract, this lack of definition will not imply modification of it. On the circuits, cars may vary in their characteristics depending on the number of participants. If a sufficient number of passengers are not reached at any departure, it is possible to use a minibus or vehicle of limited capacity, which, unless expressly indicated otherwise, do not have reclining seats. Also, in the description of each circuit, it is indicated whether or not the car has air conditioning; it is understood that it does not have it if nothing is indicated. Transport in the natural parks for photographic safaris is carried out in vehicles of limited capacity or all-terrain characteristics of each country. In all the above cases, the design, structure, comfort, and safety of the transport vehicle may not adapt to Spanish norms and standards, but to those of the country of the destination of the trip.

13.5.- Luggage

The luggage and other personal belongings of the traveler are not subject to the package travel contract, understanding that it is transported by the traveler himself and at his total risk and responsibility. The Retail Agency or the Organizer are not obliged to respond to any type of incident or its consequences, related to luggage. The transport companies (air, maritime, river, land, rail, etc.), may respond to the passenger in accordance with the clauses of the Carriage contract that constitutes the Passenger Ticket. Contract established exclusively between the said company and the traveler, and to which the Organizer is alien. Likewise, in hotels, they will be responsible, in accordance with their specific regulations, for any incident related to luggage and belongings that occurs during the period of accommodation in them. It is recommended that all passengers be present at all cargo handling and management of their luggage and make the rightful claim to the carriers or the hotel when observing any deficiency, damage or disappearance of their luggage.

13.6.- Special conditions for children

Given the diversity of the treatment applicable to children, depending on their age, the service provider, and the date of the trip, it is recommended to always consult the scope of the special conditions that exist and that at any time will be the subject of specific and detailed information and will be included in the contract or in the travel documentation that is delivered to the consumer. In general, as for accommodation, discounts for the child will be applicable as long as they share the room with two adults.

13.7.- Discounts for babies, children, large families, residents

The consumer is responsible for providing the documentation that meets the requirements throughout the trip to benefit from the discount on all services that are included in it. In case of detecting at any time that a customer with an applied discount does not meet the demanded requirements, the corresponding additional payment will be requested.

13.8.- The photographs and maps that are reproduced in the programs and on the website are intended only to offer more information to the consumer.  In the event of any type of modification in the establishments, this cannot be considered as misleading advertising by the Organizer or the Retail Agency.

14 CUSTOMER SERVICE AND COMPLAINTS

To file any complaint or claim with FLY FISHING FRANCE, the customer must contact the customer service department through the email address flyfishingfrance@gmail.com within a maximum period of 30 days from the day the trip ended.

According to the EU Online Consumer Dispute Resolution and pursuant to Art. 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/.