Kumakonda Terms And Conditions
These General Conditions are subject to the provisions of the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws (Royal Legislative Decree 1/2007, of November 16th, BOE 30-11-2007), Law 7/1998, of April 13 on General Contract Conditions (14-4-98) and other current provisions. The present General Conditions will be incorporated, signed by the contracting parties, to all the combined travel contracts whose object are the programs contained in the program / data sheet and they obligate the parties, with the particular conditions that are agreed in the contract or that they are included in the documentation of the trip provided simultaneously with the signing of the contract.
Kumakonda is a travel agency legally constituted in the Community of Madrid, Spain. Based in C/Fernando Poo 16, 4ºc, 28045 Madrid, Spain. Number Kumakonda’s CICMA (official register number): 3294. Web domain: www.kumakonda.com, property of Austerio Alonso Almenara
For the purposes of these General Conditions, the program / data sheet of the trip is the informative document to which they are incorporated. The information about the trip contained in the program / data sheet is binding for the retail organizer, unless any of the following circumstances occur:
- a) That the changes in said information have been clearly communicated in writing to the consumer before the conclusion of the contract and such possibility has been expressly mentioned in the program.
- b) That modifications subsequently take place, prior agreement in writing between the contracting parties.
REAL LEGISLATIVE DECREE
The applicable law is collected in the General Law for the defence of consumers and users of the R.D.L. 1/2007, especially in its title 2; 159/160 and R.D.L. 34/2007
KUMAKONDA defines its particular conditions of sale depending on the specificity of the trips. All purchases constitutes acceptance of the particular conditions.
1 BOOKINGS AND PAYMENT
1.1 Booking: Our website provides all the information you should need to choose the holiday that’s right for you. However, if you need any extra help or information, you should contact us.
The reading of our specification of data sheets is indispensable for any reservation since there you will finds the necessary information: prices, dates, minimal group of passengers and description of the trip. Once decision has been taken we will send you by email the sale agreement of package holidays that you must return to us by post completed and signed. All reservations imply acceptance of the general and particular conditions of sale indicated in the contract. To consider the booking it is necessary to pay 30 % of base the price of the trip by bank transfer.
1.2 Payment: You can pay in euros by bank transfer . The 70% remaining must be payed entirely 20 days prior to the beginning of the trip, if not, the reservation will be cancelled, if not your booking will be annulled being applied the cancellation expenses of the particular conditions. For bookings carried out during the 30 days before the departure date, the total amount must be paid. The inscription will be considered definitive after the receipt of the payment.
1.3 Personalized trip: if the consumer requests the elaboration of a customized trip, the agency may demand the payment of an amount for the preparation of the project. If the consumer accepts the combined travel offer made by the agency, and the agency can confirm the services it includes, the sum given will be charged to the price of the trip. Whenever you can not confirm these services, the agency must return the amounts delivered by the consumer.
2.1 The price of the package trip includes
- The outward and return transport, if this service has been contracted, with the type of transport, characteristics and category stated in the contract or in the documentation delivered to the consumer at the time of signing it.
- The accommodation, when this service is included in the contracted programme/data sheet, in the establishment and with the food regime that appears in the contract or in the documentation that is delivered to the consumer at the time of signing it.
- The rates or taxes of the hotel establishments
- Technical assistance during the trip, when this service is specifically included in the contracted program/data sheet.
- All other services and complements that are specifically specified in the contracted program/data sheet or that are expressly stated in the package contract.
2.2 Price modifications
The price of the combined trip has been calculated based on transport rates, fuel cost, national parks, accommodation and services at destination, applicable on the date of preparation of the 2018/2019 program. There are some trips whose prices have been calculated based on the exchange rate Euro / dollar 1€ = 1.24 US $.
Any variation of more than 10% based on the exchange rates on the price of the aforementioned items may result in the revision of the final price of the trip up or down, in the strict amounts of the price changes alluded to.
These modifications will be notified to the consumer, in writing or by any means that allows to have proof of the communication made, when the modification made is significant, desist from the trip, without any penalty, or accept the modification of the contract.
In no case, it will be revised upwards in the thirty days prior to the departure date of the trip
3 TRAVEL INSURANCE
3.1 Travel insurance
It is mandatory that all travelers are covered by personal travel insurance. This should cover medical assistance and repatriation in the event that you become too ill to continue the journey. In the registration form we ask you if you would like to contract your travel and cancellation insurance with us, if this is not specifically included in the programme / technical sheet of the trip. If you prefer not to take it out with us you are responsible for ensuring that the insurance cover you take out is adequate and sufficient for your particular travel needs. We do not check individual insurance policies for suitability.
A photocopy of this policy will be required along with local payment on the first day of travel at destination. Otherwise, we will not be able to allow you to travel.
3.2 Cancellation insurance
It is highly advisable to include cancellation insurance in your travel insurance, in the event that you have an unexpected withdrawal. The rate of this cancellation insurance is based on the amount of money that should be returned, pay attention that it is adjusted to the price of the trip booked. Depending on each insurance company you have 1, 2 or 3 days of margin from when you book the trip until you contract the cancellation insurance to be effective.
4.1 Conditions of cancellation by the client
It is highly recommended to be covered by the cancellation insurance. Said insurance must be subscribed at the time of booking or a few days later depending on the insurance company. In case of cancellation by you, the trip invoice must be paid in full before the transfer of the claim file to the insurance company. We always do as much as possible to ensure that the insurance records are dealt quickly, but we are not responsible for the decisions and deadlines of the insurance response. If the client is obliged to cancel his trip, he must inform KUMAKONDA by e-mail or by any other means that leaves a written record, as soon as possible. In fact, the date of the e-mail will be taken into account as the cancellation date for the billing of the cancellation expenses. We warn that the insurance company will assess, based on the documents you directly communicate, the date of the generating event that made you take the decision to cancel the trip to accept reimbursement of cancellation fees.
4.2 Expenses in case of cancellation by the client
Any cancellation or modification by the client entails the following expenses:
- More than 60 daysnotice prior to departure: 30% of the base price of the trip
- Notice of 59 to 31 days prior to departure: 50% of the base price
- Notice of 20 to 0 days prior to departure: 100% of the base price
- If not coming to trip: 100 % of the base price.
In case of cancellation, for whatever reason, the expenses subscribed outside the trip provided by KUMAKONDA and committed by the client to such as transport to the place of departure of the trip, return to the domicile, the expenses of obtaining documents or visas, travel documents or vaccination expenses, can not be reimbursed.
These cancellation expenses will be reimbursed after studying your file if your cancellation case is provided in the clauses of the insurance contract and if the invoice is paid.
In the event that any of the contracted and canceled services are subject to special economic contracting conditions, such as hotel reservations, vehicles, National Parks reserves, special prices of organized tour groups, etc. cancellation expenses for withdrawal shall be established solely and exclusively by the organizing agency as it deems appropriate at any time.
4.3 Cancellation by KUMAKONDA
If KUMAKONDA must cancel a trip due to insufficient number of participants or for any other reason, the participants will be fully reimbursed without being able to claim any compensation. You will be informed at least 20 days before the departure date.
The realization of the trips is conditioned by the inscription of a minimum number of participants specified in the data sheet of each trip.
We will not cancel a trip less than 20 days before the departure date, except for reasons of force majeure.
5.1 Changes by the client: If at any time prior to departure the consumer wishes to request changes referring to the destinations, means of transport, duration, schedule, itinerary of the contracted trip or any other point referred to the services and the agency can make them, Kumakonda may require the payment of justified additional expenses that would have caused such modification as well as a premium for modification of the reservation that may not exceed 3% of the price of the trip.
5.2 Changes by Kumakonda before departure: Before departure, the agency can only make the changes that are necessary for the good purpose of the combined trip 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.
In the event that the agency is forced to make significant changes, it will immediately inform the consumer. He may choose between accepting the modification of the contract in which the variations introduced are specified and their impact on the price, or terminate the contract. The consumer must communicate the decision that he / she adopts to the agency within three days of the notification of the modification. If the consumer does not communicate his decision within the indicated period, it will be understood that he opts for the termination of the contract.
5.3 Changes by Kumakonda during the trip: The Kumakonda team reserves the right to modify a route or itinerary during the trip if there is a potential risk to the safety of the group.
The Kumakonda team bases its decisions and travel itineraries in different sources. These sources offer travel recommendations and updated comments country by country.
You can check the travel advisories:
6.1 Distribution of responsibility
6.1.1. The organizing agency and the retail agency will respond to the consumer for the correct fulfillment of the combined travel contract according to the obligations that correspond to them for their respective field of management of the combined trip.
6.1.2. The organizing agency and the retail agency respond to the consumer whether they execute the services included in the package trip themselves or if they are carried out by their assistants or other service providers.
6.1.3. The organizing agency, being the one that plans the combined trip, is responsible for the damages caused to the consumer due to the non-execution or deficient execution of the benefits included in the combined trip as well as the damages arising from the breach of any other obligation that corresponds to its management scope in accordance with the applicable legislation.
6.1.4. The retailer, for being the one that sells or offers for sale the combined trip proposed by an organizing agency, responds for the damages caused to the consumer for the errors that he / she has committed when informing him / her about the package trip, for having omitted the information that should have provided, for not having provided the necessary documentation for the correct completion of the trip and, in general, for having breached any other obligation that corresponds to its scope of management in accordance with the applicable legislation.
6.2 The consumer’s duty to reduce the damage
In any case, the consumer is obliged to take appropriate and reasonable measures to try to reduce the damages that may arise from the non-execution or deficient performance of the contract or to prevent them from becoming worse. The damages that derive from not having adopted said measures will be for the account of the consumer.
6.3 Duty of assistance of the agency
6.3.1 The organizing agency and the retail agency, despite being exempt from liability, will continue to be obliged to provide the necessary assistance to the consumer who is in difficulties.
6.3.2 There will be no duty of assistance provided in the previous section when the defects produced during the execution of the contract are attributable exclusively to intentional or negligent behavior of the consumer.
6.4 Causes of exoneration of liability
We have a legal duty to use reasonable skill and care in providing the services and facilities that form any part of your trip arrangements, or in arranging for third party suppliers to provide those services and facilities.
We do not accept liability for any claim where that claim arises from any cause of the following circumstances:
- If the fault is not from our part or that of our agents, subcontractors or suppliers because it is due to your fault.
- If it is due to the fault of someone not connected with the performance of the Package contract and is unforeseeable or unavoidable.
- or because the claim arises from unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised,
- Or the claim arises out of an event which neither we, nor our agents, subcontractors or suppliers could have foreseen or prevented.
6.5 Liability for services not included in the package trip
6.5.1 The rules of contractual liability of the combined trip are not applicable to benefits such as excursions, attendance at sporting or cultural events, visits to exhibitions or museums, or other similar, which are not included in the overall price of the combined trip and that the consumer hires with facultative character on the occasion of the same or during its course.
In these cases, the agency must indicate to the consumer the facultative character of the service and that it is not part of the combined trip.
6.5.2. If the agency intervenes in the hiring of these benefits, it will respond in accordance with the specific rules of the contract that it carries out.
7 INFORMATION ABOUT PASSPORTS, VISAS AND VACCINES
- The agency has the duty to inform about the sanitary formalities necessary for the trip and the stay, as well as about the conditions applicable to the citizens of the European Union regarding passports and visas and will be responsible for correcting the information that facilitate.
- The consumer must obtain the necessary documentation to make the trip, including the passport and visas and the one related to sanitary formalities. All damages that may arise from the lack of such documentation will be from your account, and in particular, the expenses incurred due to the interruption of the trip and your eventual repatriation.
- If the agency accepts the order of the consumer to process the necessary visas for any of the destinations envisaged in the itinerary, it will be able to demand the payment of the visa cost as well as the management expenses for the procedures that must be performed before the diplomatic representation or corresponding consular.
In this case, the agency will be liable for any damage attributable to it in accordance with the procedure normally required for delays in obtaining the necessary documentation or for lack or insufficiency of the same.
We want all our customers to have an enjoyable time. Once you are on-site, if you are not satisfied and you verify that the service contracted is deficient, please complain as soon as possible to the relevant person or our local agents, we’ll do everything reasonably possible to resolve your complaint whilst you’re on holiday.
If you’re still not satisfied you must contact the supplier directly as quickly as possible and lodge a formal complaint by any procedure that provides a record.
When you get back home, if you’re not satisfied please contact our Customer Relations team within 28 days of returning home. If we can’t help and you want to take matters further, you must contact the supplier directly. It’s difficult and sometimes impossible to properly investigate a complaint if we’re not told about it during the combined trip or once it’s over.
Failure to follow the above procedures during your trip, and/or failure to complain within 28 days of your return, may reduce or extinguish any rights you have to claim compensation from us, or from any relevant supplier. Any such rights will be reduced or extinguished if, had you followed the above procedures during your trip, you or we could have taken steps to reduce any loss or damage suffered or could have entirely prevented it from being suffered.
9 ACCEPTANCE OF RISK
Some of the activities you might choose to take part in during your package tour may involve a degree of personal risk. The natural environment can, at times, be hazardous and many activities are activities with a risk of personal injury or death. If you decide to take part in such activities, you accept these risks and you are responsible for your own actions. Although we or our suppliers may provide instructions and tuition to you as part of the arrangements you book, any safety information/notices must be observed which will minimise these risks. Your booking is accepted by us on the basis that you understand and accept the risks involved in such activities. If at any time you feel uncomfortable or unsure about taking part in an activity during your Holiday, an instructor should be advised immediately. You’re under no obligation to take part in or complete activities which form part of your package booking if you don’t feel you want to for any reason. You must ensure you have suitable travel insurance for the activities you plan to take part in.
10 CUSTOMER’S OBLIGATIONS
Each traveler is responsible for their belongings during the trip and will be solely responsible for the loss, damage or accidents caused. We recommend you take an adequate insurance to cover your equipment.
Each traveler must comply with the laws and customs of the countries visited and behave in a respectful and considerate manner with the local population and the other traveling companions.
We want all our customers to have an enjoyable, carefree holiday but you must remember that you are responsible
for your actions and the effect they may have on others. If we, or another person in authority, believe:
• your actions could upset, annoy or disturb other customers, our suppliers or our own staff, or put them in any risk
or danger, or could cause damage to property; or
• you are unfit to travel;
we may end your Holiday and terminate your contract. You and your travelling party will be prevented from using
your booked accommodation, transport, and any other travel arrangements forming part of your booking and we will
not be liable for any refund, compensation or any other costs you have to pay. Alternatively at our discretion, you
may be allowed to continue with your Holiday but may have to comply with specific conditions. If your behaviour or
the behaviour of any members of your travelling party causes any aircraft (or other transport) to be diverted we and/
or the carrier will hold you and those members jointly and individually liable for all costs incurred as a result of that
diversion. We cannot accept liability for the behaviour of other people staying at your accommodation or travelling
on your flight, or for any facilities/services being withdrawn as a result of their actions. We’re not responsible, and
we’ll have no liability, for accidents or injuries, loss or damage which may have been caused as a result of; (a) your
inappropriate or irresponsible behaviour; (b) any broken glass/china or the like which you’ve broken and/or left in a
way from which injury can result, or; (c), your judgment being impaired by alcohol.
Property Damage: If you or any member of your party causes any damage or breaks anything at your
accommodation, you must report it promptly to a member of our staff or to the staff at the accommodation. We and/
or the accommodation owner will hold you and the members of your travelling party jointly and individually liable
for paying for any damage you cause to the accommodation, furniture, fixtures, fittings or any other items within or
around the accommodation. If you fail to pay, you will also be liable for any legal costs incurred in pursuing a claim
We provide equipment for the trip, including camping equipment and each one is responsible for the maintenance of said equipment. Each traveler who deliberately or recklessly causes damage to our equipment whether it be from the truck or from our camping equipment will indemnify us and will hold us harmless from all losses incurred including the legal costs of making a claim against them.
Each passenger will be responsible for arranging transfers from the airport of departure and from the airport of arrival upon their return from the trip.
SPECIALIZED IN ALTERNATIVE TRIPS
KUMAKONDA, with touristic licenses CICMA 3294, understands that the traveler is conscious of the effort required by a trip of these features, which is undertaken by land, by roads and ways at times in bad conditions, being possible some difficulties and being exposed to suffering misadventures and adversities, such as: reduced food variety, climatology, breakdowns and diverse difficult and extreme situations, where the weariness and physical and moral discouragement can be present, during the sections of the trip by road, treks by foot, travel in canoe, ridding a horse or other means of transport, as well as during the own development of the activities. KUMAKONDA understands that the traveler is ready to assume difficulties as part of the content of this adventure trip.
KUMAKONDA, understands that the traveler is conscious that he participates voluntarily in a trip in a foreigner country or countries(s) of different characteristics from his native land, crossing and visiting remote areas, exotic and/or tropical zones with structure and organization, in all levels, different from the one that can be accustomed in their habitual life and where there exist endemic diseases different from those of the native land of the travelers, for that it is necessary to apply prophylactic treatments, on the responsibility of the own traveler.
KUMAKONDA understands, therefore, that the traveler is conscious of the risks that he can traverse, like: force of nature, disease, accident, venomous bites and stings (arachnids or reptiles), deficient hygienic and living conditions, animals attacks and in some circumstances, terrorism, delinquency or other aggressions; knowing the traveler that possibly he has no access to a rapid evacuation or suitable medical or total assistance.
It is important that the traveler assumes that in an adventure and group trip, the good conviviality, the positive attitude towards misadventures and difficulties that might occur, and tolerance and mutual understanding between the members of the group, are very important for the good progress and success of the trip, warning that these conviviality problems could arise.
KUMAKONDA understands that, the traveler is conscious and assumes that in this type of trip circumstances that suppose variations in the itineraries and the activities could arrive, at any time and place for circumstances that KUMAKONDA cannot anticipate, motivated by the peculiar characteristics of the trip and places in which they are unrolled.
KUMAKONDA does not assume any responsibility in situations where the action of the traveler is considered to be irresponsible.
KUMAKONDA understands that the traveler accepts voluntarily all the possible risks and adverse circumstances on the basis of everything exposed previously, being KUMAKONDA exempted, and any of its members or employees of any responsibility, with the exception of the established in the laws, for any fact or circumstance that takes place during the trip or expedition for the peculiar characteristics of the zones where it is developed since there can happen situations that escape the control of the trip organization.
KUMAKONDA informs that the Spanish, British, French, Australian… Foreign Ministry, warns about dangers of travelling in many countries of the world, among which some of the destinations can be included in our program. Provided that the situations of every country may be subject to change throughout the year, the recommendation of the Ministries can also change at any time.
For KUMAKONDA it is understood that the traveler knows the general and particular conditions of the trip expedition program and satisfies all the requirements demanded for the trip.
In case of being refused the entry into the country for lacking the demanded requirements, or a fault in the passport, or not carrying it, KUMAKONDA declines every responsibility for the consequences arisen by facts from this or similar type, being in charge of the passenger any expense that originates, there being applied in these circumstances the conditions established for the cancellation or voluntary dissension of services. Due to the permanent variation of the legal requirements to visit certain countries, transport timetables, rates etc., KUMAKONDA acts as mere informing, being a responsibility of the travelers re-confirming the documentation needed with the different consular representations, sanitary, administrative authorities, carriers, etc.