Travel Conditions - General Terms and Conditions (T&Cs) of Last Minute Express S.L.U / LMX Viajes
1. Contract conclusion
By registering, the customer agrees into allowing the tour operator to offering him/her a binding travel conclusion. A registration can be made either in writing by email, fax, the internet, as well as verbally in person or by phone. The registration by the applicant shall also occur to be carried out for all participants listed within the travel conclusion, for whose contractual obligation the applicant to the same extent is responsible, as he/she is for his/her own obligations, presuming he/she has accepted a corresponding separate explicit declaration.
The travel agreement is concluded with the acceptance by the tour operator. Its acceptance does not require of any specific form. With or immediately after the conclusion of the travel agreement, the tour operator will hand over the travel confirmation to the customer. In case of a deviation between the travel confirmation and the content of the travel agreement, a new offer will be provided by the tour operator, valid and limited to a period of 10 days. The travel agreement is concluded on the basis of the new offer, if the customer declares its acceptance towards the tour operator within the above stated period.
The customer declares his consent, that all contract-related communication can take place in unencrypted electronic form, in particular by e-mail. Furthermore he/she is responsible for an immediate notification in case of a change to his/her e-mail address and the regular monitoring of all e-mail traffic within the communicated e-mail account.
2. Services, Pricing and Service amendments
Which services contractually are agreed on, exclusively results from the service description in the authoritative tender, in particular online hotel tenders and its reference in the related travel confirmation. The information contained in the tender is binding to the tour operator. However, the tour operator expressly reserves himself the right to declare a change of the service description prior to the conclusion of the contract, which of course the customer will be informed of in advance.
Exclusively hotel- and service descriptions of the tour operator Last Minute Express S.L.U / LMX Viajes can be taken as a valid and binding service description and authoritative tender.
Third-party descriptions, such as hotel guides as a service description are not agreed on, unless the tour operator explicitly refers and marks them as such (external). Any additional requests and agreements that change, extend or restrict the scope or content of the contractual services and special requests require a written confirmation by the tour operator.
The tour operator reserves its rights to a possible change of flight times, the routing (including stopovers), the aircraft/vessel and the name of the carrier (also on short notice) and will immediately inform the customer of any change. The tour operator explicitly points out to direct flights not necessarily being "non-stop flights" and may in particular to also include stopovers.
In order to benefit from child discounts, the actual children's age on the travel date is decisive. Regardless of any possible child discounts, at the time of the booking each accompanying child must be indicated with the age of the child it precisely has on the return date. The extent of the child discount results from the respective terms within the service description. Within the context of a package tour, children under the age of two will be transported on board the airplane with no right of a seat, providing that each child is being accompanied by an adult.
Changes or deviations of any individual travel service within the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not brought by the tour operator against good faith, are only permitted if the changes or deviations are not of significant nature and do not affect the overall layout of the booked travel service. A change of the flight times is significant, if not only the initial day of carriage is affected by the change.
Any warranty claims remain unaffected, as far as the change services are flawed. The tour operator is obliged to notify the customer immediately about any deviations or changes in service.
In the event of a substantial change of a significant travel service, the customer is entitled to withdraw himself from the service contract at no cost or to request his/her participation in an equivalent trip, unless the tour operator is capable to offer such travel service at no additional charge to the customer from its own range of offerings. The customer must assert these rights immediately after the tour operator has declared the change of the initial booked travel service.
3. Cancellation by the customer, Rebooking, Substitute persons
The customer has the right to withdraw from the journey at any time prior to the departure date. Decisive is the access of the declaration of resignation at the tour operator. The resignation of the customer must be declared in writing. If the customer withdraws from the travel contract or does not start the journey, the tour operator may demand a compensation made for the travel arrangements and for its expenses. A compensation claim which the tour operator can assert results from the following structure.
It is expressly indicated that the tour operator compiles its travel packages according to the "packaging" principle. Here, the travel packages include services of individual service providers, which are combined in the event of booking a travel package. In particular, specific tariffs of airline suppliers are utilised, which usually are not or only for high fees rebookable or refundable. This also applies if the customer excusively books a flight or a hotel with the tour operator.
According to these peculiarities of the booked "package" tour, the following cancellation conditions do apply:
Travel packages including flights:
The reimbursement of amounts paid by the customer is subject to the respective contract and cancellation conditions of the service providers with which the tour operator has concluded the corresponding services in the travel package. The tour operator may deduct these amounts off the paid travel price. In addition, the tour operator will charge a processing fee of € 50 per person / traveler.
Any refunds are determined by the respective airlines and are subject to their conditions of the respective tariffs. Most fares offered by airlines through the tour operator do not allow for reimbursement. The tour operator may deduct or withhold these amounts from the paid travel price. In addition, the tour operator will charge a processing fee of € 20 per person / traveler.
Any refunds are determined by the respective hotel providers and are subject to their terms and conditions. The tour operator may deduct or withhold these amounts from the paid travel price. In addition, the tour operator will charge a processing fee of € 10 per person / traveler.
Rental cars only:
Any refunds are determined by the respective rental car providers and are subject to their terms and conditions. The tour operator may deduct or withhold these amounts from the paid travel price. In addition, the tour operator will charge a processing fee of € 10 per person / traveler.
Activities and transfers:
The reimbursement are determined by the respective service providers and are subject to conditions. Most of the rates offered by the respective service providers are non-refundable. In addition, the tour operator charges a processing fee of € 30 per transaction.
Any types of travel not being mentioned here, are treated with regard to their consequences of withdrawal in accordance with the principles associated in their travel conditions. Any amendments of the booked trip on request of the travel applicant, as far as a flight also is subject of the travel contract, with regard to the travel date, the destination, the mode of transport and the departure airport, is not possible.
In order to rebook, a prerequisite always remains that the desired change of service according to the program of the tour operator, or according to the offering of its service providers generally is possible. A general claim for a rebooking does not exist. Rebooking costs amount to the resulting additional costs incurred for the tour operator plus a processing fee of € 30.00 per traveler.
Up to 5 days prior to the departure date, the traveler can demand a “name change”, so a third party person will enter into his/her rights and obligations of the travel contract. However, the tour operator may disagree to the entry of the third party person, in case special travel requirements are required or if his/her participation is precluded by statutory regulations or official orders. If a third party person enters into the travel contract, he/she and the traveler will be held liable by the tour operator as joint and several debtor for all costs of travel and any additional costs arising from his/her entry, which on request can be notified in a binding manner. A processing fee of € 30.00 per participant will be charged by the tour operator plus any possible additional costs that may will occur. In the event of a cancellation, the tour operator can demand the reimbursement of the actually arisen extra costs from the customer. The tour operator expressly recommends the conclusion of a travel cancellation insurance.
4. Resignation and Termination by the Tour operator
The tour operator can withdraw from the travel contract in the following cases prior to departure or terminate the travel contract after the commencement of travel, without observing a deadline, if the traveler disturbs the execution of the journey despite a warning from the tour operator or if he/she behaves in breach of the travel contract to such an extent that the immediate cancellation of the contract is justified. In case of a termination by the tour operator, he shall retain its claim on the tour price, but agrees to value the saved expenses as well as the benefits he may derives from any other use of the unused services by the customer, including the amounts credited to him by the service providers.
5. Duty of cooperation by the traveler, Performance disruptions
The traveler is responsible for his/her timely arrival to the point of departure. For air travel, the traveler must arrive at the airport at least 2 hours prior to the scheduled departure time. When planning his/her journey to the point of departure, possible delays (eg. congestion) or in case of arrivals by train (such as rail & fly), transportation delays must be considered.
The traveler is obliged to cooperate in the event of performance disruptions within the framework of statutory provisions, to avoid any possible damage or to minimize it. In particular, the traveler is obliged to immediately notify the local tour operator or local agency about his/her complaints. Those are to provide remedy, if possible. If the traveler culpably fails to report a defect, the claim for reduction does not apply.
Any claims according to the regulation No. 261/2004 of the European Parliament and the Council of 11.02.2004 deliberating common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights are governed by Article 4 (3) and Article 5 (1)(c) shall be demanded exclusively to the operating air carrier and not against the tour operator. Consequently, they must be asserted directly against the operating air carrier.
6. Passport, Visa, Health and other Country-specific regulations
The tour operator shall be responsible for informing citizens of the country in which the journey is taking place, about passport, visa and health regulations as well as any changes they may be effected by, prior to the departure date. For citizens of other countries, the responsible consulate will provide all necessary information.
The tour operator can not be held liable for the timely issuance and access of necessary visas by the respective diplomatic representation, if the traveler has instructed the tour operator with its procurement, unless the tour operator is responsible for the delay.
The tour operator expressly points out, that in some travel destinations, deviating hotel rates exist for accommodation guests who have their permanent residence in the respective country. Therefore, the prices offered by the tour operator exclusively are valid for customers having their permanent residence in Spain or are in possession of a valid residence permit for the specific countries. The tour operator has no influence on these provisions. For travelers having a permanent residence outside of these countries, additional costs may occur or the hotel admission can be refused.
The traveler is responsible for ensuring compliance of all important regulations for the execution of his/her journey. All disadvantages, in particular the payment of cancellation costs, which arise from neglectance and non-compliance with these regulations, are at his expense.
Valid as of May, 25th 2018