Kumakonda Terms and Conditions

GENERAL TERMS AND CONDITIONS

These General Terms and Conditions are subject to the provisions of the Consolidated Text of the General Law for the Protection of Consumers and Users and other complementary laws (Royal Legislative Decree 1/2007, of November 16; Official State Gazette [B.O.E.] November 30, 2007), Law 7/1998 of April 13 on General Contract Terms (April 14, 1998), and other applicable provisions.

These General Terms and Conditions, once signed by the contracting parties, shall be incorporated into all package travel contracts relating to the itineraries contained in the program/technical sheet and shall be binding on the parties, subject to any specific terms agreed upon in the contract or set forth in the travel documentation provided at the time the contract is signed.

Kumakonda is a travel agency legally incorporated in the Community of Madrid, Spain. It is headquartered at Calle Fernando Poo 16, 4th floor, apartment C, 28045 Madrid, Spain. Kumakonda’s CICMA number: 3294. Website domain www.wordpress-946011-3436199.cloudwaysapps.com, owned by Austerio Alonso Almenara

For the purposes of these General Terms and Conditions, the travel itinerary/program is the informational document into which these terms are incorporated.

The travel information contained in the itinerary/program is binding on the tour operator, unless any of the following circumstances apply:

(a) That any changes to such information have been clearly communicated in writing to the consumer prior to the conclusion of the contract, and that such a possibility has been expressly mentioned in the program.
(b) That subsequent amendments may be made, subject to a written agreement between the contracting parties.

ROYAL LEGISLATIVE DECREE

The applicable legislation is set forth in the General Law for the Protection of Consumers and Users (R.D.L. 1/2007), particularly in Title 2, Articles 159 and 160, and R.D.L. 34/2007.

You can also consult the Electronic Commerce Act in Law 34/2002

SPECIAL TERMS AND CONDITIONS

KUMAKONDA sets its specific terms and conditions of sale based on the unique nature of its trips. Any purchase implies acceptance of these terms.

1. RESERVATION AND PAYMENT

1.1 Reservation: Our website provides all the information you need to choose the vacation that’s right for you. However, if you need help or additional information, please contact us. It is essential to read our trip details for any booking, as they contain all the necessary information: prices, dates, minimum group size, and a description of the trip. Once you have made your decision, we will email you the package tour sales contract, which you must return to us by mail, completed and signed. All reservations imply acceptance of the general and specific terms and conditions of sale set forth in the contract.
To confirm your reservation, you must pay 30% of the base price of the trip via bank transfer.
1.2 Payment: Payment must be made by bank transfer in euros. The remaining 70% of the base price of the trip must be paid in full 20 days before the trip’s start date; otherwise, the reservation will be canceled, and the cancellation fees specified in the special terms and conditions will apply. For reservations made within 20 days prior to the trip’s departure date, the full base price of the trip must be paid. Registration will be considered final upon receipt of payment.
1.3 Customized Trip: If the consumer requests a customized package tour, the agency may require payment of a deposit to prepare the itinerary. If the consumer accepts the package tour offer prepared by the agency, and the agency is able to confirm the services included, the amount paid will be applied toward the price of the trip. If the agency is unable to confirm these services, it must refund the amounts paid by the consumer.

2. PRICE

2.1 The price of the package tour includes

Round-trip transportation, if this service has been contracted, with the type of transportation, features, and class specified in the contract or in the documentation provided to the consumer at the time of signing.
Accommodations, when this service is included in the contracted program/brochure, at the establishment and with the meal plan specified in the contract or in the documentation provided to the consumer at the time of signing.
Fees and Taxes for Hotel Establishments
Technical assistance during the trip, provided that this service is specifically included in the contracted itinerary/program details.
All other services and extras that are specifically listed in the contracted itinerary or brochure, or that are expressly stated in the package tour contract.

2.2 Price Changes

The price of the package tour has been calculated based on transportation fares, fuel costs, national park fees, accommodations, and services at the destination, as applicable on the date the 2018/2019 program was prepared. For some trips, prices have been calculated based on a euro-to-dollar exchange rate of 1_ = 1.24 US$.
Any fluctuation of more than 10 percent in the price of the aforementioned items, based on exchange rates, may result in an upward or downward adjustment to the final price of the trip, in an amount strictly corresponding to the aforementioned price fluctuations.
The consumer will be notified of these changes in writing or by any other means that provides a record of the communication. If the change is significant, the consumer may cancel the trip without penalty or accept the amendment to the contract.
Under no circumstances will the price be increased during the twenty days prior to the trip’s departure date.

3. TRAVEL INSURANCE

3.1 Travel Insurance

All travelers are required to have personal travel insurance. This insurance must cover medical care and repatriation in the event that you become too ill to continue the trip. On the registration form, we ask if you would like to purchase travel and cancellation insurance through us, if it is not specifically included in the itinerary or trip details. If you prefer not to purchase it through us, you are responsible for ensuring that the insurance coverage you obtain is appropriate and sufficient for your specific travel needs. We do not verify the adequacy of individual insurance policies.

A photocopy of this policy will be required along with the local payment on the first day of your trip at your destination. Otherwise, we will not be able to allow you to travel.

3.2 Trip Cancellation Insurance

It’s highly recommended that you include cancellation insurance in your travel insurance policy, in case you unexpectedly need to cancel your trip. The premium for this cancellation insurance is based on the amount of money that would need to be refunded; make sure it matches the price of the trip you’ve booked. Depending on the insurance company, you have 1, 2, or 3 days from the time you book your trip until you purchase the cancellation insurance for it to take effect.

4. CANCELLATION OF THE TRIP

4.1 Cancellation Policy for Customers

It is highly recommended that you have cancellation insurance. This insurance must be purchased at the time of registration or a few days later, depending on the insurance company. In the event of cancellation on your part, the trip invoice must be paid in full before the reimbursement claim is submitted to the insurance company. We always do our best to ensure that insurance claims are processed quickly, but we are not responsible for the insurance company’s decisions or response times. If the customer is required to cancel their trip, they must notify KUMAKONDA by email or any other form of communication that provides a record, as soon as possible. The date of the email will be considered the cancellation date for the purpose of billing cancellation fees. Please note that the insurance company will assess—based on the documents you directly provide—the date of the triggering event that led to the decision to cancel the trip in order to determine whether to reimburse cancellation fees.

4.2 Fees in the Event of Cancellation by the Customer

Any cancellation or change made by the customer will result in the following charges:
Cancellation notice more than 60 days prior to departure: 30% of the base price of the trip
Cancellation notice between 59 and 31 days prior to departure: 50% of the base price
Cancellation notice 20 to 0 days prior to departure: 100% of the base price
No-show: 100% of the base price

In the event of cancellation, for any reason whatsoever, expenses incurred outside the scope of the trip that were provided by KUMAKONDA and agreed to by the customer—such as transportation costs to the trip’s departure point and return to the customer’s home— expenses related to obtaining documents or visas, travel documents, and vaccination costs, are not eligible for reimbursement.

These cancellation fees will be refunded after your case has been reviewed, provided that your cancellation is covered under the terms of the insurance contract and the invoice has been paid in full.

In the event that any of the contracted and canceled services are subject to special financial terms and conditions, such as hotel reservations, vehicle rentals, National Park reservations, special rates for organized tour groups, etc., the cancellation fees for withdrawal will be determined solely and exclusively by the organizing agency as it deems appropriate at any given time.

4.3 Annulment by Kumakonda

If KUMAKONDA must cancel a trip due to an insufficient number of participants or for any other reason, participants will receive a full refund but will not be entitled to any compensation. Notice will be given at least 20 days prior to the departure date.
Trips are contingent upon a minimum number of participants signing up, as specified in the details for each trip.
We will not cancel a trip less than 20 days before the departure date, except in cases of force majeure.

5. CHANGES

5.1 Changes Made by the Customer

If, at any time prior to departure, the consumer wishes to request changes regarding the destinations, means of transportation, duration, schedule, itinerary of the contracted trip, or any other aspect related to the services provided, and the agency is able to make such changes, the agency may require the consumer to pay any justified additional expenses incurred as a result of such modification, as well as a booking change fee not to exceed 3% of the trip price.

5.2 Changes Made by Kumakonda Before Departure

Prior to departure, the agency may only make changes that are necessary for the successful completion of the package tour and that are not significant. Necessary changes are considered significant if they prevent the tour from achieving its objectives, based on its general or specific characteristics.

In the event that the agency is compelled to make significant changes, it shall immediately notify the consumer. The consumer may choose either to accept the amendment to the contract—which specifies the changes made and their impact on the price—or to terminate the contract. The consumer must notify the agency of their decision within three days of being notified of the modification. If the consumer does not communicate their decision within the specified time frame, it will be understood that they have chosen to terminate the contract.

5.3 Changes Made by Kumakonda During the Trip

The Kumakonda team reserves the right to modify a route or itinerary on the fly if there is a potential risk to the group’s safety.

The Kumakonda team bases its decisions and travel itineraries on various sources. These sources provide up-to-date travel recommendations and reviews for each country.

You can view the travel advisories:

6. LIABILITY

6.1 Allocation of Responsibility

6.1.1. The organizing agency and the retail agency shall be liable to the consumer for the proper performance of the package tour contract in accordance with their respective obligations arising from their respective roles in the management of the package tour.

6.1.2. The organizing agency and the retail agency are liable to the consumer regardless of whether they themselves provide the services included in the package tour or whether those services are provided by their agents or other service providers.

6.1.3. The organizing agency, as the entity that plans the package tour, is liable for damages caused to the consumer by the non-performance or defective performance of the services included in the package tour, as well as for damages resulting from a breach of any other obligation falling within its scope of responsibility in accordance with applicable law.

6.1.4. The retail agency, as the entity that sells or offers for sale the package tour proposed by an organizing agency, is liable for damages caused to the consumer by errors it has made in providing information about the package tour, by omitting information it was required to provide, for failing to provide the consumer with the documentation necessary for the proper completion of the trip; and, in general, for failing to fulfill any other obligation falling within its scope of responsibility in accordance with applicable law.

6.2 The Consumer’s Duty to Mitigate Damages

In any case, the consumer is required to take appropriate and reasonable measures to attempt to reduce any damages that may result from the nonperformance or improper performance of the contract or to prevent such damages from worsening. Any damages resulting from a failure to take such measures shall be borne by the consumer.

6.3 The Agency’s Duty to Provide Assistance

6.3.1 The organizing agency and the retail agency, despite being exempt from liability, shall remain obligated to provide the necessary assistance to consumers who find themselves in difficulty.

6.3.2 The duty to provide assistance set forth in the preceding paragraph shall not apply when defects arising during the performance of the contract are attributable exclusively to the consumer’s intentional or negligent conduct.

6.4 Grounds for Exemption from Liability

The travel agency organizing the package tour shall not be liable for the non-performance or defective performance of the contract when any of the following circumstances apply:

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

That such defects are attributable to a third party not involved in the provision of the services specified in the contract and are of an unforeseeable or insurmountable nature.

That the defects in question are due to force majeure, which is defined as circumstances beyond the control of the party invoking them—abnormal or unforeseeable circumstances whose consequences could not have been avoided, despite having acted with due diligence.

That the defects are due to an event that the Organizer, despite having exercised all due diligence, could neither foresee nor overcome.

6.5 Liability for Services Not Included in the Package Tour

6.5.1 The rules governing contractual liability for package tours do not apply to services such as excursions, attendance at sporting or cultural events, visits to exhibitions or museums, or other similar activities, which are not included in the total price of the package tour and which the consumer contracts on an optional basis in connection with the tour or during its course.

In such cases, the agency must inform the consumer that the service is optional and does not form part of the package tour.

6.5.2. If the agency is involved in contracting these services, it will be liable in accordance with the specific terms of the contract it enters into.

7. INFORMATION ON PASSPORTS, VISAS, AND VACCINATIONS

7.1 The agency is required to provide information on the health formalities necessary for the trip and the stay, as well as on the passport and visa requirements applicable to European Union citizens, and shall be responsible for ensuring the accuracy of the information it provides.

7.2 The consumer must obtain all necessary documentation for the trip, including a passport, visas, and any documentation related to health requirements. The consumer shall be responsible for any damages that may result from the lack of such documentation, including, in particular, expenses incurred due to the interruption of the trip and any subsequent repatriation.

7.3 If the agency agrees to the consumer’s request to process the necessary visas for any of the destinations included in the itinerary, it may charge the cost of the visa as well as administrative fees for the procedures it must carry out with the relevant diplomatic or consular mission.

In this case, the agency shall be liable for any damages attributable to it, in accordance with the standard of care normally required, resulting from delays in obtaining the necessary documentation or from the absence or insufficiency thereof.

8. COMPLAINTS

We want all our customers to have a pleasant experience. Once you arrive at your destination, if you are not satisfied and find that the service you received is substandard, please file a complaint as soon as possible with the appropriate person or our local representatives; we will do everything reasonably possible to resolve the issue while you are traveling.

The consumer is required to report any breach or deficiency in the performance of the contract, preferably “on site” or, otherwise, as soon as possible, in writing or in any other form that leaves a record, to the organizer or retailer and, where applicable, to the provider of the service in question.

If the solutions provided by the agency—whether the tour operator or the retail travel agency—are not satisfactory to the consumer, the consumer will have one month from the end of the trip to file a complaint with the retail travel agency or the tour operator, always through the retail travel agency. The retail travel agency or the tour operator will have two months to respond to the complaint filed by the consumer, a period that will begin on the day following the filing of the complaint with the retail travel agency.

9. ASSUMPTION OF RISK

Some activities you may choose to participate in during the trip may involve a degree of personal risk. The natural environment can, at times, be dangerous, and some activities—such as water sports—carry a risk of bodily injury or death. If you decide to participate in such activities, you accept these risks and are responsible for your own actions. Although we or our providers may provide you with instructions as part of the reservation, any safety information or warnings should be taken seriously, as they will help minimize these risks. We accept your reservation on the understanding that you understand and accept the inherent risks of such activities. If at any time you feel uncomfortable or unsafe participating in an activity, you should notify an instructor immediately. You are under no obligation to participate in or complete the activities that are part of your booked vacation if you do not wish to do so for any reason. You must ensure that you have travel insurance appropriate for the activities in which you plan to participate.

10. CUSTOMER’S OBLIGATIONS

Each traveler is responsible for their belongings during the trip and will be solely liable for any loss, damage, or accidents caused. We recommend that you purchase adequate insurance to cover your equipment.

Every traveler must comply with the laws and customs of the countries they visit and behave in a respectful and considerate manner toward the local population, other travelers, and fellow travelers.

We want all our guests to have a wonderful vacation, but they must remember that they are responsible for their actions and the effects those actions may have on others. If the KUMAKONDA team or another authorized person believes that a) your actions may affect, disturb, or disrupt other customers, vendors, or our staff, or put them in danger or cause harm, or b) you are unfit to travel, KUMAKONDA may terminate your trip and your contract. In this case, the customer and their companions will be denied access to the reserved accommodations, transportation, and other travel arrangements included in their booking, and KUMAKONDA will not be liable for any refunds, compensation, or other costs the customer may incur. Alternatively, the customer may be permitted to continue the trip but must comply with special conditions.

We provide equipment for the trip, including camping gear, and each person is responsible for maintaining that equipment. Any traveler who intentionally or recklessly causes damage to our equipment—whether it is part of the truck or our camping gear—will compensate us and hold us harmless for all resulting losses, including the legal costs of filing a claim against them.

Each passenger is responsible for arranging transportation to the departure airport and from the arrival airport upon returning from the trip.

KUMAKONDA will not accept liability for the conduct of other guests staying at its accommodations, for accidents or injuries, or for loss or damage resulting from inappropriate or irresponsible behavior or from behavior while under the influence of alcohol.

PERSONAL DATA PROTECTION

Kumakonda guarantees the privacy and confidentiality of its users’ personal data collected through any system that allows for data transmission, in accordance with Organic Law 15/1999 of December 13 on the Protection of Personal Data (LOPD).

The data provided by the user will be incorporated into an automated file, which will be processed solely for the purposes described above. This personal data will be processed with the appropriate level of protection, in accordance with Royal Decree 994/1999 of June 11, and the necessary security measures will be taken to prevent its alteration, loss, or unauthorized processing or access by third parties who might use it for purposes other than those for which it was requested from the user

Users may exercise their rights of access, deletion, correction, and objection, in accordance with the provisions of the LOPD, at the Kumakonda ® headquarters. We neither sell nor rent your personal information to third parties, nor do we rent out non-personal information that is automatically stored. When you access our websites, we may automatically (that is, without requiring registration) collect non-personally identifiable information (for example, the type of web browser and operating system used; the domain name of the referring website; the number of visits, average time spent on our website, and pages visited).

We may use this information and share it within Kumakonda® to measure the use of our website and improve its content. “Cookies” — information automatically stored on your computer. When you visit one of our websites, we may store certain information on your computer via a cookie so that we can automatically recognize you the next time you return. Cookies can help us in many ways; for example, by allowing us to tailor a website to better suit your interests or by preventing you from having to re-enter your password each time you log in. If you do not wish to be recognized, please use your web browser to delete cookies from your computer’s hard drive, block all cookies, or choose to receive a warning before a cookie is stored.

Links to Other Websites: The Kumakonda® website contains links to other websites. Kumakonda® is not responsible for the privacy policies or content of other websites. Our privacy policy changes in response to developments on the Internet. We will post updates to our privacy policy on this page as soon as changes to the policy are agreed upon.

CONTRACT

KUMAKONDA, license number CICMA 3294, understands that travelers are aware of the effort required for a trip of this nature, which is undertaken by land, on roads and trails that are often in poor condition, and may present difficulties and expose travelers to setbacks and adversities, such as: limited food variety, weather conditions, vehicle breakdowns, and various difficult and extreme situations, where physical and mental fatigue and discouragement may set in—whether during road trips, hikes, canoe trips, horseback rides, or travel by other means, as well as during the course of the activity itself. KUMAKONDA understands that the traveler is willing to accept this as part of the experience of this adventure trip.

KUMAKONDA assumes that the traveler is aware that he or she is voluntarily participating in a trip to a foreign country or countries with characteristics different from those of his or her country of origin, traveling through and visiting remote, exotic, and/or tropical areas with infrastructure and organization, at all levels, from what they may be accustomed to in their daily lives, and where endemic diseases exist that differ from those in the traveler’s country of origin, for which prophylactic treatments must be administered under the traveler’s own responsibility.

KUMAKONDA therefore understands that the traveler is aware of the risks he or she may face, which may include, among others: forces of nature, illness, accidents, venomous bites (from arachnids or reptiles), poor living and sanitary conditions, animal attacks or assaults, and, in some circumstances, terrorism, crime, and other acts of aggression; and the traveler acknowledges that he or she may not have access to prompt evacuation or adequate or comprehensive medical care.

It is important for travelers to understand that on a group adventure trip, good rapport, a positive attitude, a cheerful disposition, and tolerance among group members—especially when facing setbacks and difficulties that may arise—are crucial to the smooth progress and success of the trip, keeping in mind that such interpersonal issues may arise.

KUMAKONDA understands that the traveler is aware and accepts that, on this type of trip, circumstances may arise that result in changes to itineraries or activities, at any time and in any place due to circumstances that KUMAKONDA cannot foresee, stemming from the unique characteristics of the type of trip and the location in which it takes place.

KUMAKONDA accepts no liability in situations where the traveler’s conduct is deemed irresponsible.

KUMAKONDA understands that the traveler voluntarily accepts all possible risks and adverse circumstances based on the foregoing, and KUMAKONDA and any of its members or employees are hereby released from all liability, except as required by law, for any event or circumstance that may occur during the trip or expedition due to the unique characteristics of the areas where it takes place, as situations may arise that are beyond the control of the trip organizer.

KUMAKONDA reports that the foreign ministries of Spain, the United Kingdom, France, Australia, and others are warning of the dangers of traveling to many countries around the world, which may include some of the destinations in our program. Since the situation in each country may change throughout the year, the ministries’ recommendations may also change at any time.

KUMAKONDA assumes that the traveler is familiar with the general and specific terms and conditions of the expedition travel program and meets all the requirements for the trip.

In the event that you are denied entry into the country due to failure to meet the required criteria, a defect in your passport, or failure to carry your passport, KUMAKONDA disclaims all liability for the consequences arising from events of this or a similar nature, and the passenger shall be responsible for any expenses incurred; in such circumstances, the conditions established for cancellation or voluntary withdrawal from services shall apply (Section 3.3 of the Special Conditions). Due to constant changes in the legal requirements for visiting certain countries, transportation schedules, fares, etc., KUMAKONDA acts solely in an advisory capacity; it is the travelers’ responsibility to reconfirm the required documentation with the various consular offices, health and administrative authorities, transportation providers, etc.