General Terms and Conditions

General Information

This site belongs to Mandala Tours, S.L., with its registered office at C/ Faisán 18, 3ºE, Granada, and N.I.F. B51037471. The company holds a travel agency license C.I.AN-187782-3 and is dedicated to tourism information, travel guides, and the organization of trips and leisure plans.

The Legal Notice published on this website identifies the owner as established in Art. 10 of the Law on Information Society Services and Electronic Commerce. The Privacy Policy section contains information on the protection of personal data.

Services Offered and Contracting

The services offered on this page are intended for consumption, and the contract is perfected at the moment the client makes the payment for the trip. Mandala Tours, S.L. recommends reading the full legal notice and these general conditions before finalizing the contract. These General Conditions constitute a contractual framework between our company and the User and will only be replaced by the Particular Conditions included in the service descriptions on the website and in the package travel contract.

Contracting is carried out within the legal framework established for Electronic Commerce by Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 of April 13, on general contracting conditions, and Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users.

Use of the Website

This website is freely available to all Users (hereinafter, the User), subject to these general terms and conditions. By browsing and/or taking any action on the website, the User accepts these terms and conditions.

Terms of Use

Personal Use: This website is exclusively for the personal use of the User. Modification, reproduction, duplication, copying, distribution, sale, resale, and other forms of exploitation for commercial or equivalent purposes are prohibited.

Language: These conditions are originally drafted in Spanish. If the User accesses a translation in another language where there is a discrepancy in interpretation, the Spanish version will prevail.

User Obligations: The User agrees to use the services and content of mandalatours.net in accordance with the Law and the general and particular terms and conditions of the services offered at any time, and must refrain from using them to:

  • Introduce software or applications into the network intending to damage the computer systems of mandalatours.net, its providers, or other Users.
  • Engage in illegal activities, contrary to good faith, customs, morals, or public order.
  • Engage in activities that constitute an infringement of intellectual and industrial property regulations or any other applicable legal rule.
  • Make speculative, false, or fraudulent requests or bookings.

Limitation of Liability

Mandala Tours, S.L. will make all reasonably possible efforts within its control and management capabilities to ensure and maintain adequate availability of the website at all times for its Users. However, the availability and proper functioning of the website may be compromised, slowed, or rendered impossible due to factors beyond the control and responsibility of Mandala Tours, S.L., such as the functioning of search engines from third-party providers, cache issues, or the quality of the User’s internet connection.

Mandala Tours, S.L. reserves the right to modify, replace, delete, or add any information on its website at any time. It also reserves the right to integrate advertising on the website and has no control over the programming, content, and legality of such advertising, which is the responsibility of the service providers advertised.

Industrial and Intellectual Property

All content on the website and platform of Mandala Tours, S.L., including trademarks, graphics, logos, icons, images, and software, as well as the selection, compilation, arrangement, programming, design, and assembly of all content on the website and platform, are the property of Mandala Tours, S.L., its providers, and technological partners and are protected by national and international industrial and intellectual property laws.

Any use of the content or photographs of the website and platform, including reproduction, modification, distribution, transmission, subsequent publication, display, or partial or total representation of it without the express consent of Mandala Tours, S.L., its providers, or its technological partners, regarding the elements they own, is strictly prohibited.

General Contracting Conditions

Preliminary Considerations

Effective Date: These Conditions are effective as of February 5, 2018. Mandala Tours, S.L. may modify or update these terms and conditions at any time without prior notice, without affecting contracts made under previous versions. The current version of the terms and conditions will be displayed on the website from the date these changes take effect. Mandala Tours, S.L. recommends that Users read these terms and conditions before browsing, booking, or contracting through the website.

It is the responsibility of the User to print or save a copy of these General Conditions on durable media for consultation before contracting and to retain them afterward, notwithstanding that they will be sent by email after online contracting.

If any clause included in these general conditions is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness will affect only that provision or the part of it that is null or ineffective, with the general conditions remaining in full force in all other respects, and such provision, or the part of it that is affected, will be considered as not included.

In this case, the clause that has no effect will be replaced by a new one that complies with the applicable law, with wording and intent as close as possible to the clause that has become inapplicable.

User Responsibility When Contracting

The User declares that they are of legal age and have the necessary legal capacity to contract the services offered on the website, in accordance with the conditions outlined below, which they declare to understand and accept.

In the case of contracting services by minors, parental or guardian authorization is required to contract and enjoy the contracted service. The User is solely responsible for the truthfulness and accuracy of the data provided to Mandala Tours, S.L. during the booking process. Minors under 18 must be accompanied by their parents and/or guardians throughout the trip. Otherwise, the booking of the trip will not be accepted.

Before formalizing a booking or contracting through the mandalatours.net website, the User is obliged to accept these terms and conditions by ticking a box, and any that affect the management of the services offered, such as general contracting conditions or information related to them.

The User is fully and clearly informed of the contractual conditions affecting the services before contracting, especially the conditions for booking cancellations and their right of withdrawal. If the User has any doubts about the information available on the website, they can contact Mandala Tours, S.L. before contracting at the phone number and email address listed on this site.

Contracting a Package Tour

These conditions related to the package tour apply, according to current regulations, whenever the client contracts combined services such as transportation, accommodation, or another significant tourism service that constitutes a significant part of the trip under a global price when the provision of all services exceeds 24 hours or includes an overnight stay.

The following General Conditions may be modified by the Particular Conditions contained in the specific itinerary of each trip and in the package travel contract, which they supplement.

1. Purchase Process

1.1. Trips Published on the Web

At Mandala Tours, S.L., we offer trips that integrate services such as transportation, guides, accommodation, catering, and more. These unique experiences are designed by us, allowing the traveler to discover the destination in the most authentic way and with respect for local culture. Our partners will accompany the traveler during the experience.

When the client is interested in any of our travel itineraries advertised on the web, they can confirm their booking through the form provided for this purpose. They must accept the Legal Notice, Privacy Policy, and General Contracting Conditions presented. Once the booking is requested, the client will receive an informational email with the program/itinerary in PDF format, the package travel contract, a link to make the payment through the virtual POS with the amount to be paid, and information for optional travel insurance.

Mandala Tours, S.L. reserves the right to change services or prices described in our online travel catalog or any other medium without affecting already formalized bookings. The prices of our trips offered on the web fluctuate over time because they integrate services whose prices increase as the trip date approaches. Therefore, it is possible that several travelers on the same trip pay different amounts for it. However, each of them will always pay the amount that was offered to them and under which they made the booking, without any compensation being required for such fluctuations inherent to tourism services except as provided in section 4.3 of this “Contracting a Package Tour.”

If, after booking the trip and before departure, Mandala Tours, S.L. is forced to significantly modify any essential element of the contract, it must immediately inform the client. In such a case, the client may choose to cancel the contract without any penalty or accept the alternative travel proposal. If they wish to cancel the contract, Mandala Tours, S.L. will refund the amounts paid to the client. The client must inform Mandala Tours, S.L. of their decision within three days of being notified of the travel modification. If the client does not notify their decision within the indicated terms, it will be understood that they choose to cancel the contract without any penalty.

1.2. Tailor-Made Trips

If the client requests a tailor-made trip, they will provide the desired travel information to Mandala Tours, S.L. through the web form, after which a budget will be sent to the email address provided. This budget will be calculated based on the client’s requirements and characteristics of the desired trip. Mandala Tours, S.L. will accept the client’s requests and contributions to organize the perfect trip.

Finally, once the services offered to the client are accepted, they will receive an informational email with the final program/itinerary, the price of the trip, a link to make the payment through the virtual POS, and the package travel contract. Additionally, information will be provided for optional travel insurance.

1.3. Formalization of the Package Travel Contract

The package travel contract will be formalized for tailor-made trips through email exchanges, with the User expressly accepting this method as a communication channel with Mandala Tours, S.L.. The client must read, sign, and return the signed contract, or if it is impossible to scan it, they will respond to the email in which it was sent, expressly accepting its content. Only with the receipt by the agency of the User’s express acceptance will the booking be understood as formalized.

The User is responsible for correctly providing their data during the contracting processes established on the website or by email, always providing all identification data correctly and as they appear on the DNI or passport.

The User will be responsible in any case for the truthfulness of the data provided and will be responsible for informing Mandala Tours, S.L. of any changes to them, reserving the agency the right to exclude from the registered services any User who has provided false data, without prejudice to any other actions that may be taken by law.

The lack of truthfulness and/or accuracy, whether voluntary or involuntary, in the data that the client communicates to Mandala Tours, S.L. will be the sole responsibility of the client, as well as all subsequent consequences for ticket reservations, insurance contracts, or visa processing that may arise.

Persons with Reduced Mobility and Health Conditions

Persons with reduced mobility must inform the agency of their situation before requesting the booking, to assess the possibility and feasibility of contracting and enjoying the trip according to its characteristics.

As established by Regulation EC 1107/2006, a person with reduced mobility is understood as any person whose mobility to participate in the trip is reduced due to a physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or due to age, and whose situation requires appropriate attention and adaptation to their particular needs of the service provided to other participants in the trip.

Especially in cases of allergies, if the trip includes accommodation and catering services, the user will be responsible for notifying the agency so that it can inform the service providers, to provide the User with the maximum guarantees for their well-being.

Booking Confirmation

The package travel contract is perfected with the acceptance of the conditions by the User, either for a predefined offered trip, by ticking the acceptance box, or with the acceptance of the conditions of tailor-made trips via email. From that moment, the package travel contract is binding on both parties.

By formalizing the booking, the client has read and understood all the clauses of these General Contracting Conditions, the specific conditions of the trip, the package travel contract, the itinerary, and any other non-mandatory documentation provided.

Each time Mandala Tours, S.L. receives a booking, a confirmation email is sent within 48 hours of receiving it, except in the case of receiving it on holidays or weekends, in which case the confirmation will be sent the next working day after receipt.

Changing the booking from one trip to another will only be possible through mutual agreement with the express written approval of Mandala Tours, S.L..

Price and Payment of the Price

4.1. Services Included in the Price

In the “Price Includes” section of each trip offer, all the services included in it per person will be detailed, generally being:

  • Pre-designed route (or designed upon the client’s request, in the case of tailor-made trips). Mandala Tours, S.L. designs the routes of its trips based on the main attractions and points of interest of the visited country. However, Mandala Tours, S.L. is not responsible for any changes that need to be made to the route or journey of the trip (whether before or during it) due to force majeure such as illness, mechanical failures, flight cancellations, strikes, customs difficulties, weather conditions, or any other unforeseeable circumstance.
  • Round-trip flights or other means of transportation to the destination, or transportation between different points of the itinerary, under the conditions specified in the program provided to the user at the time of requesting information and/or making the booking.
  • Accompaniment of Mandala Tours, S.L. collaborating guides during the experience. It is not the obligation of Mandala Tours, S.L. or the guide to accompany the client at the beginning or return of the trip, meaning the physical presence of the guide on the outbound and return transports, nor on domestic transports (if any).
  • Accommodation at the destination in tents, hostels, lodges, or hotels of the category specified in the program provided to the client before formalizing the payment.
  • Any other additional service will be specified both in the “INCLUDES” section of the web offers and in the itinerary attached to the email response to the information request.

4.2. Services Not Included in the Price

Any service not explicitly mentioned in the “Price Includes” section of the offer or not specifically detailed in the program/offer will be excluded from the trip price. Among the excluded services, as an example but not limited to:

  • Excursions that the Client contracts on their own, before the start or during the trip. This explicitly excludes excursions offered at accommodations, regardless of whether they are included in the Mandala Tours, S.L. program. Mandala Tours, S.L. is not responsible for any damages or negligence caused by service providers that the traveler or group directly contracts at the destination and that are not specified in the “Price Includes” section of the itinerary.
  • Services and consumables that the Client contracts at the establishments where they stay or visit and are not detailed in the “Accommodation” or “Other Services” section of the program, such as coffee, wine, liquors, mineral waters, special dietary regimes (not even in cases of full board or half board unless otherwise expressly agreed), and optional hotel, lodge, or hostel services, as well as extra nights of accommodation that the user wishes to contract.
  • Taxes/tips/payments that the client has to pay directly to the providers.
  • The cost of additional cancellation and assistance insurance that the traveler wishes to contract.
  • Visa, passport, authorization, and vaccination certificate processing fees.
  • Internal flights, vehicle rentals, and transfers.

If new local or destination legal provisions come into force after the booking confirmation that imposes any additional tax/tip/payment on the Client, Mandala Tours, S.L. will inform them as soon as they become aware, with the Client being responsible for the payment.

4.3. Price Revision

The prices of the trips offered on our website, as well as the price provided to the client in the case of tailor-made trips, may be revised, either upwards or downwards, when the price of transportation, fuel, taxes, and fees related to certain services included in the organized trip, and the exchange rates applied to that trip vary.

These revisions will be notified to the consumer in writing or by any means that allows proof of the communication, and if the modification made is significant, the consumer may cancel the trip without any penalty or accept the modification of the contract. Under no circumstances will the price be revised upwards within the twenty days prior to the departure date of the trip, concerning the requests already made.

4.4. Taxes

The prices listed on this website, as well as those provided to the user when the trip is tailor-made, include the corresponding VAT. In any case, they will be expressed in the Euro (€) currency.

4.5. Payment Methods

Payments for the services of Mandala Tours, S.L. will be made by bank transfer, PayPal, or by debit or credit card through the secure payment gateway.

4.6. Offers and Promotions

Mandala Tours, S.L. may launch offers and promotions through various communication channels, allowing the User to access services under special conditions or apply a certain discount to their price. In such cases, the User may be asked for a promotional key or code during the booking process, with the discount applied to the displayed price. The conditions, limitations, and exclusions for benefiting from such offers will be detailed in the terms of each specific promotion.

4.7. Billing

The invoice for the services will be issued and sent by email once the last of the payments established in the payment conditions of each trip is made and verified.

Rules Applicable to the Provision of Package Tour Services

1. General Provisions

1.1. Contract Information

The services that make up the package tour contract result from the information provided to the consumer in the package tour program/offer, as well as the indications related to this information made when confirming the booking.

1.2. Modifications

The organizing agency reserves the possibility of modifying the information contained in the brochure before the contract is perfected. For validity, changes to this information must have been clearly communicated in writing to the consumer.

1.3. Provider Responsibility

Product or service providers, each within the scope of their respective obligations, will be responsible to the client for complying with the obligations arising from current regulations and the terms and conditions of sale of each of the products and services contracted, without Mandala Tours, S.L. assuming any obligation or responsibility for those products or services not directly provided by it beyond what is strictly required by current regulations.

1.4. Traveling with Pets

It will be understood that the presence of pets is accepted on the trip if explicitly indicated in the advertising or prior information. Otherwise, if the consumer wishes to travel with their pet, they must inform the agency before requesting the booking to determine whether it is possible or not.

2. Accommodation

Unless otherwise indicated in the program/travel offer or provided in specific conditions:

  • In countries where there is an official classification of hotel or other accommodation establishments, the brochure includes the tourist classification granted in the corresponding country. We remind clients that tourist classifications in different countries do not always imply identical services and/or qualities.
  • The room occupancy schedule depends on the rules established in each country and accommodation, which will be informed in the brochure as much as possible, or whose information will be obtained by the client at the destination, if not included in the price.
  • Triple or quadruple rooms or cabins are generally double rooms to which one or two beds are added, usually a sofa bed or a folding bed, except in certain establishments where, instead of additional beds, two larger beds are used. The formula ultimately enjoyed by the traveler will depend on the establishment’s availability at that time.
  • Due to the specificity of our destinations, accommodation may be in tents, which are divided into categories (standard, with shared bathrooms and no shower, and luxury, with a complete private bathroom), so we recommend that the User pay special attention to the category of tent offered in each specific travel brochure.
  • Generally, full board includes continental breakfast, lunch, dinner, and accommodation. Half board, unless otherwise indicated, includes continental breakfast, dinner, and accommodation. Generally, these meals do not include beverages.
  • Special diets (vegetarian, allergic, or special dietary needs) are only guaranteed by the agency if agreed upon by the parties in specific conditions.

3. Transportation

3.1. Presentation at the Departure Point

The consumer must present themselves at the indicated departure point with the advance notice provided by the agency or, in its absence, by the brochure, respecting the schedules and baggage limits indicated by the company. Generally, in the case of air transportation, the minimum advance notice is three hours before the scheduled departure time. It is recommended that the client reconfirms flight departure times 48 hours in advance.

3.2. Failure to Appear

If the traveler is unable to take the trip because they did not arrive with the required advance notice, the regime provided in these Conditions for failure to appear at departure or, as the case may be, the one provided for the consumer’s withdrawal will apply.

3.3. Hand Luggage

Loss or damage to hand luggage or other items carried by the consumer and kept under their custody is entirely at their own risk.

3.4. Overweight Baggage Charges

Any surcharge the traveler incurs due to overweight baggage will be their responsibility. If the traveler informs the agency during booking, the agency will provide prior information about the corresponding company’s additional baggage policy.

4. Other Services

4.1. Guide Services

Mandala Tours, S.L. will generally select a guide for the trips. The responsibilities of this figure towards the client are as follows:

  • Inform, lead, coordinate, and assist the group during the trip, with the ability to make decisions affecting the route, even modifying it, based on their knowledge of the destination and any unforeseen circumstances that arise beyond the control of Mandala Tours, S.L., to ensure the traveler enjoys the experience to the fullest. The traveler will submit to the authority of the trip guide and follow their instructions for the smooth conduct of the trip.
  • Provide their knowledge to enrich the travel experience.
  • Resolve issues as much as possible and support the client in case of a problem or unusual circumstance during the trip.
  • Mediate between the client and Mandala Tours, S.L. during the trip.

4.2. Public Transportation and Vehicle Rental

There may be circumstances in which the traveler decides to make trips using some form of vehicle at the destination, trips not included or pre-booked in the Mandala Tours, S.L. travel package. The traveler is aware and accepts that Mandala Tours, S.L. has no responsibility concerning such transportation services, especially regarding the choice and reliability of service providers, the quality of these, safety, and any civil, administrative, or criminal liabilities arising from their misuse by the client or the driver, if it is a third party.

Rights and Obligations of the Parties Before Starting the Trip

1. Contract Modification

1.1. Consumer’s Request for Changes

If at any time before departure, the consumer wishes to request changes related to the destinations, means of transportation, duration, schedule, itinerary of the contracted trip, or any other aspect related to the services, and the agency can make them, the agency may require payment of additional justified expenses incurred by the modification, as well as a management fee for the booking modification that may not exceed 5% of the trip price.

1.2. Changes Necessary for the Successful Completion of the Trip

Before departure, the agency may only make changes necessary for the successful completion of the package tour and that are not significant. Changes are considered significant if they prevent the achievement of the purposes of the trip according to its general or specific characteristics.

1.3. Significant Changes by the Agency

If the agency is forced to make significant changes, it will immediately inform the consumer. The consumer may choose between accepting the contract modification, specifying the introduced variations and their impact on the price, or canceling the contract. The consumer must inform the agency of their decision within three days of being notified of the modification. If the consumer does not communicate their decision within the indicated period, it will be understood that they choose to cancel the contract without any penalty.

2. Price Revision

2.1. Price Revision Due to Variations in Transportation, Fuel, or Fees

The agency may only revise the price, either upwards or downwards, as long as the revision occurs before the 20 days prior to departure and is not significant, meaning it does not exceed 15% of the trip price. Additionally, the revision may only be made to adjust the trip price to variations:

  • In the exchange rates applied to the organized trip.
  • In the price of the transportation included in the trip, including fuel costs.
  • In taxes and fees related to certain services, such as airport, boarding, disembarkation, and similar fees included in the price.
2.2. Price Revision Due to Significant Modification

If the price revision results in an increase of more than 15% of the trip price, the agency will immediately inform the consumer, who may cancel the contract. The consumer must inform the agency of their decision within three days of being notified of the modification. If the consumer does not communicate their decision within the indicated period, it will be understood that they choose to cancel the contract.

3. Consumer Rights in Case of Resolution by Mandala Tours, S.L.

3.1. Cancellation of the Package Tour by the Agency

If the organizer cancels the package tour before the agreed departure date for any reason not attributable to the consumer, the consumer will have the right, from the moment the contract is resolved, to a refund of all amounts paid or to the performance of another package tour of equivalent or superior quality, provided that the organizer can offer it. If the offered trip is of lower quality, the organizer or retailer must refund the consumer, when applicable, based on the amounts already paid, the price difference according to the contract.

In any case, the consumer may demand a refund of the amounts paid to the business to which they paid them, which must reimburse them within 14 calendar days. The deadline will begin from the consumer’s notification of their choice for resolution or from when the circumstances determining the cancellation occurred.

The client will also have the right to compensation, for which liability is jointly held by the retailer and the organizer, amounting to 5% of the total trip price if the cancellation is proposed between two months and fifteen days before the start of the trip, 10% if proposed between fifteen and three days before, and 25% if the modification occurs within 48 hours before the start. There will be no right to compensation when the agency’s cancellation is due to force majeure, understood as circumstances beyond the control of the invoking party, abnormal, unpredictable, and unavoidable, despite having acted with due diligence, or when the trip does not take place because the required number of registered persons has not been reached.

3.2. No Obligation to Compensate in the Following Cases
  • When the cancellation is due to the number of persons registered for the trip being less than required in the brochure or package travel contract. In this case, the agency must notify the consumer in writing as soon as possible and, in any case, at least 20 days before the trip’s departure.
  • When the trip cancellation is due to force majeure. Force majeure includes circumstances beyond the agency’s control, abnormal and unpredictable, whose consequences could not have been avoided despite having acted with due diligence.

4. Transfer of the Booking

4.1. Possibility of Transfer of the Booking to Another Person

The consumer may transfer their booking to a person who meets all the conditions required in the brochure and contract to take the package tour.

4.2. Transfer Communication

The transfer must be communicated by any means to the agency and will be free if the agency receives the communication at least 15 days before the trip’s start. If it is desired to be done later and the agency can accept it, the consumer may be required to pay a management fee for the transfer, which will not exceed the additional amount charged by the providers.

4.3. Joint Liability

In any case, the consumer and the person to whom the booking has been transferred are jointly liable to the agency for the payment of the remaining price, as well as any justified additional expenses that may have been caused by the transfer.

5. Consumer’s Right of Withdrawal

5.1. Consumer Withdrawal at Any Time

The client may withdraw from the requested or contracted services at any time, having the right to a refund of the amounts they have paid, whether it is the total price or the advance payment, but must compensate the agency for the following cumulative concepts:

  • Management expenses, plus the cancellation costs of the services themselves and/or third parties, if any.
  • A penalty, consisting of 20% of the total trip if the withdrawal occurs more than seven days and less than fifteen days before the trip’s start date; 50% between 3 and 7 days, and 75% within the forty-eight hours before departure.
  • If they do not appear at the scheduled departure time, they will not be entitled to any refund of the amount paid.

In cases of force majeure, the client will be exempt from liability.

5.2. Withdrawal Effects

In any case, the withdrawal takes effect from the moment the consumer’s intention to withdraw reaches the agency.

6. Failure to Appear at Departure

6.1. Definition of Failure to Appear

There will be a failure to appear at departure if the consumer does not communicate their intention not to take the trip and does not show up at the scheduled time and place. In this case, they lose the right to a refund of the amounts paid and are still obligated to pay the outstanding amounts.

6.2. Exception for Force Majeure

However, if the failure to appear is due to force majeure, the consumer will be entitled to a refund of the amounts paid.

Rights and Obligations of the Parties After Starting the Trip

1. Defective Performance or Failure to Provide Services

1.1. Reporting Incidents During the Trip

When the consumer finds during the trip that there is any defect or failure to provide any contracted service, they must report it on-site and as soon as possible to the organizer or retailer and, where appropriate, to the service provider, so that the agency can have the opportunity to seek an immediate solution if possible. The communication must be made in writing or in any other form that provides proof. After receiving the communication, the retailer or organizer must act diligently to find appropriate solutions.

1.2. Minimization of Damages by the Traveler

In the event that during the trip there is a failure to provide or defective provision of any of the services that are part of it, the traveler will try not to increase the resulting damages with their actions and decisions.

2. Inability to Provide a Significant Part of the Services by the Organizer

2.1. Solutions for Continuing the Trip

The agency must adopt appropriate solutions for continuing the trip if, once it has started, it does not provide or finds that it cannot provide a significant part of the services planned in the contract. A significant part of the planned services is understood to be those whose non-performance prevents the normal development of the trip and makes it unreasonable to expect the average traveler of that type of trip to continue it under those circumstances.

2.2. Tacit Acceptance of Solutions

If the consumer expressly or tacitly accepts the solutions proposed by the agency, they will not be entitled to compensation for those modifications. It will be considered that they tacitly accept these proposals if they continue the trip with the solutions given by the organizer.

2.3. Rejection of Solutions for Reasonable Reasons

If the solutions adopted by the organizer are unfeasible or the consumer rejects them for reasonable reasons, the agency must:

  • Provide a means of transportation equivalent to the one contracted for the return trip to the place of departure or any other mutually agreed location, if the contract includes the return trip.
  • Refund the price paid, minus the cost of the services provided up to the end of the trip, except when the defect that prevents the continuation of the trip is attributable to the consumer.
  • Pay the compensation that may apply according to these conditions.

3. Consumer Withdrawal During the Trip

3.1. Right of Withdrawal During the Trip

The consumer has the right to withdraw from the package travel contract once the trip has started, but they cannot claim a refund of the amounts paid and are still obligated to pay any outstanding amounts.

3.2. Withdrawal Due to Accident or Illness

If the withdrawal is due to an accident or illness of the consumer that prevents them from continuing the trip, the agency is obligated to provide the necessary assistance and, if applicable, pay the amount of the difference between the planned services and those provided, minus the justified cancellation costs that apply.

3.3. Additional Expenses Due to Withdrawal

In both cases, all additional expenses incurred by the withdrawal, particularly repatriation or transportation to the place of origin, will be the consumer’s responsibility.

4. Consumer’s Duty to Cooperate in the Normal Development of the Trip

4.1. Agency Instructions

The consumer must follow the agency’s instructions for the proper execution of the trip, as well as the regulations generally applicable to users of the services included in the package tour. In particular, in group trips, they must show due respect to other participants and behave in a way that does not harm the normal development of the trip.

4.2. Serious Breach of the Duty to Cooperate

A serious breach of these duties allows the agency to terminate the package travel contract. In this case, if the contract includes the return trip, the agency will provide the consumer with a means of transportation equivalent to the one contracted for the return to the place of departure or any other mutually agreed location. The agency will also be entitled to the compensation that applies for damages attributable to the consumer’s conduct.

4.3. Compliance with Laws and Customs

The traveler must comply with the laws and customs of the countries visited. The client expressly exempts Mandala Tours, S.L. from any responsibility, claim, contingency, or obligation that they may incur personally and/or towards third parties due to any potential, alleged, or proven non-compliance with the legislation or regulations of any kind in force in the destination country, stating for this purpose their obligation in this regard and their firm and express intention to comply with it in full.

4.4. Notification of Health Problems

They must also notify Mandala Tours, S.L. of any illness, pathology, allergy, or physical or mental health issue that could affect the normal development of the trip or group coexistence. If this fact is not reported to Mandala Tours, S.L., or if any illegal act is committed or causes danger or inconvenience to the rest of the group members, Mandala Tours, S.L. reserves the right to terminate the contract with the client without generating any right to claim or refund, leaving the actions and/or claims that the rest of the travelers wish to make against the rule violator reserved. Likewise, Mandala Tours, S.L. reserves the right not to accept further bookings from the client who has shown not to have accepted, understood, and/or complied with the provisions described here, as well as in the travel manual, if provided.

5. Distribution of Responsibility

The agency, as the organizer, will be responsible to the consumer for the proper fulfillment of the package tour contract according to the obligations that correspond to their respective management scope of the package tour, whether it directly provides the services included in the package tour or if they are provided by its auxiliaries, collaborators, or other service providers.

6. Causes of Exemption from Responsibility

The agency’s responsibility will cease when any of the following circumstances occur:

  • The defects observed in the execution of the contract are attributable to the traveler.
  • These defects are attributable to a third party not involved in providing the services included in the contract and are unforeseeable or insurmountable.
  • The aforementioned defects are due to force majeure, understood as those circumstances beyond the control of the invoking party, abnormal, unpredictable, and unavoidable despite having acted with due diligence.

7. Agency’s Duty to Assist

7.1. User Assistance in Difficulties

The agency, despite being exempt from responsibility in certain situations based on current regulations, will continue to be obligated to provide the necessary assistance to the user in difficulties.

7.2. Exception to the Duty of Assistance

The duty of assistance provided in the previous section will not exist when the defects produced during the execution of the contract are exclusively attributable to the client’s intentional, irrational, or negligent behavior.

8. Information on Applicable Passport, Visa, and Vaccination Requirements

8.1. Information and Client Responsibility

The agency will inform the client about the necessary health formalities for the trip and stay, as well as the conditions applicable to European Union citizens regarding passports and visas, but the client will be responsible for the correctness of the information provided.

Nationals of non-EU countries must consult their Consulate or Embassy for the documentary and health requirements necessary for the trip.

8.2. Obtaining Necessary Documentation

The client must obtain the necessary documentation to make the trip, including the passport and visas, and those related to health formalities. All damages that may result from the lack of such documentation will be the client’s responsibility, particularly the expenses incurred by the interruption of the trip and any eventual repatriation.

8.3. Agency Visa Processing

If the agency accepts the consumer’s request to process the necessary visas for any of the destinations planned in the itinerary, it may charge the cost of the visa and the management fees for the procedures it must perform before the corresponding diplomatic or consular representation. When the trip’s booking is so close to the departure date that there is a risk of not obtaining the visa through the ordinary process (usually 45 days before the departure date) and requires urgent or different from the ordinary processing, the client will bear the extra costs of administration, courier, and processing.

In this case, the agency will be responsible for damages that are attributable to it according to the normally required diligence for delays in obtaining the necessary documentation or due to its lack or insufficiency.

8.4. Passport Loss or Misplacement

Mandala Tours, S.L. will not be responsible for the loss or misplacement of passports during their processing when, despite the maximum diligence attributable to Mandala Tours, S.L., such an eventuality is due to the actions of third parties, such as embassies themselves or courier companies. Mandala Tours, S.L. will be exempt from responsibility in case of loss in mail or courier service. Obtaining personal documentation (visas, certificates, passports) will be the client’s sole responsibility, and even if Mandala Tours, S.L. agrees to process the client’s visa, it will not be responsible for any incidents that may arise during its processing, such as visa denial or loss of documentation by third parties.

8.5. Client Responsibility in Case of Documentation Damage

The client is responsible for the good condition and preservation of their passport. Mandala Tours, S.L. will be relieved of any responsibility for the disruptions and inconveniences caused if any damage or breakage occurs during handling by the client, embassies during visa processing, or during immigration checks in transit or destination countries, with the client bearing the costs and disruptions that this may cause. The client must fill out all fields required by the destination country’s authorities to obtain the visa. If they do not fill out all the fields correctly, they must fill out the form again, possibly incurring administrative costs for this correction.

8.6. Personal and Family Documentation

All users, without exception, must carry their corresponding personal and family documentation in order, whether it is a passport or DNI, according to the laws of the country or countries visited. It will be the client’s responsibility when trips require it to obtain visas, passports, vaccination certificates, etc.

8.7. Visa Rejection by Authorities

If a visa is denied by any authority for particular reasons of the user, errors, or omissions in the visa application form, or if entry is denied in the country due to failure to meet the required conditions, or due to a defect in the required documentation, or if they do not carry it, Mandala Tours, S.L. declines all responsibility for such incidents, with the client bearing any resulting expenses, applying in these circumstances the conditions and rules established for cases of voluntary service withdrawal. Minors under 18 must carry written permission signed by their parents or guardians, in case it may be required by any authority, in the manner and form determined by international legislation and/or the destination country’s legislation.

9. Liability of Airlines Regarding Incidents in Air Transport According to Regulation 261/2004

Regulation 261/2004 of the European Parliament and Council of 11/02/2004 establishes rules on compensation and assistance to air passengers in cases of denied boarding, cancellation, or long delays.

The previous Regulation will only apply:

  • To passengers departing from an airport located in the territory of a Member State.
  • To passengers departing from an airport located in a third country with a destination to another located in the territory of a Member State, unless they enjoy benefits or compensation and assistance in that third country when the airline operating the flight in question is a Community carrier.

According to Regulation 261/2004, when the Airline cancels a flight or incurs a delay, it will be responsible for providing the appropriate assistance and care to affected passengers, assuming the costs of meals, calls, transportation, and accommodation if necessary, in accordance with Regulation EC 261/2004, which establishes common rules on compensation and assistance to air passengers in cases of denied boarding and cancellation or long delays of flights.

Furthermore, the Regulation provides for certain compensation payments, depending on the flight distance.

If the incident is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken, the airline operating the flight will not be obliged to pay compensation but must provide the appropriate assistance and care to affected passengers.

10. Liability for Services Not Included in the Package Tour

10.1. Services Not Included in the Package Tour

The contractual liability rules of the package tour do not apply to services such as transportation, accommodation, excursions, attendance at sporting or cultural events, visits to exhibitions or museums, or other similar activities, when these are directly contracted by the traveler or when contracted through the agency, but in such a way that they are not combined with any other service of that trip or, when contracted together with others, the total provision of these does not exceed 24 hours or does not include an overnight stay.

10.2. Agency Responsibility as an Intermediary

In cases where the client directly contracts with the provider, the agency has no responsibility. In cases of assisting the client in contracting a single service, the agency acts as a mere intermediary, with the service provider solely responsible for providing the service.

Data Protection and Privacy Policy

According to the criteria established in Organic Law 15/1999, of December 13, on the Protection of Personal Data (hereinafter, LOPD) or the regulation that replaces it, to properly provide its services, Mandala Tours, S.L. needs your authorization regarding the processing of your personal data.

Data Processing

By accepting this Privacy and Data Protection Policy, you certify that you understand and accept the possibility that Mandala Tours, S.L., solely for the purposes described below, may access for review and analysis the data communications that Users make through the web, email, or phone.

The primary purpose of personal data processing is to manage and properly fulfill the contract between the User and Mandala Tours, S.L., including the publication of its travel service proposals and facilitating, as much as possible, means for resolving disputes between them.

We may also use your data to offer you information about products and services that may interest you through a Newsletter if you give us your express consent. If you want us to use your data this way, please check the corresponding advertising authorization box on the form.

According to the LOPD, the User is informed and accepts that the personal data provided by them or that will be provided in the future to Mandala Tours, S.L. will be processed in a personal data file called CLIENTS, duly registered in the Spanish Data Protection Agency’s Register and owned by Mandala Tours, S.L..

The processing of your data will always be carried out under the strictest security systems available to Mandala Tours, S.L.. The security measures to be applied will be those corresponding to the low level indicated in Royal Decree 1720/2007, which approves the Regulation implementing Organic Law 15/1999 on the protection of personal data.

Communication of Personal Data

The data collected will be stored and may be transferred in encrypted form outside the European Union to one of our suppliers. By providing us with your personal data, you agree to this transfer if it occurs.

Your data will not be communicated to third parties, except in the following cases:

  • Once you have given your consent for the processing of your data, for services provided by third parties to Mandala Tours, S.L., including payment processing, data analysis, and the design of new tourism services. Mandala Tours, S.L. will only send the User’s personal information to its suppliers.
  • If we are obliged to disclose or share your personal data to comply with any legal, administrative, or judicial obligation, or to protect the rights, property, or safety of Mandala Tours, S.L. or our customers. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction purposes.
  • If Mandala Tours, S.L. is acquired by a third party, the personal data of its customers will be one of the transferred assets.

The User may exercise their rights of opposition, access, rectification, and cancellation at any time by contacting the postal address of Mandala Tours, S.L., or sending an email to [email protected].

Any changes to our data protection policy will be posted on this page and notified to you by email. Mandala Tours, S.L. reserves the right to unilaterally modify this privacy policy without prior notice. However, substantial changes will be communicated to Users by email. If no opposition is received within the time limits provided by law, the User’s tacit consent to the new Policy will be assumed.

Cookie Policy

In compliance with Article 22.2 of the Law on Information Society Services and Electronic Commerce (LSSI) and EU Directive 2009/136/CE, Mandala Tours, S.L. informs that this website uses its own and third-party cookies.

Definition and Function of Cookies

A cookie is a small data file transferred to your computer’s hard drive that stores information or browsing habits. Mandala Tours, S.L. uses cookie technology to collect additional data about the website’s use and store User information solely to improve their experience.

Updating Our Cookie Policy

We may update our website’s Cookie Policy, so we recommend reviewing this policy every time you access our website to stay adequately informed about how and for what purposes we use cookies. Please note that browsers may also change their policies and the location of the information.

Cookies will never be executable files nor can they contain viruses.

The information provided by cookies is valuable to us as it helps improve the service we offer our Users. However, while we appreciate that the User accepts our website’s cookies, we remind them that they can configure their browser to accept or reject them or to alert them when a server wants to save one. To configure this:

  • Microsoft Internet Explorer: In the View menu, select Internet Options and go to Advanced Options.
  • Firefox: In the Tools menu, select Page Information, Permissions, Set cookies.
  • Opera: In the Settings menu, select Options, Advanced tab, Cookies.

If you use another browser, the User must consult its user manual. Google has also developed a browser add-on that disables data submission to the Google Analytics tool, which can be downloaded here.

Cookies Used by Mandala Tours, S.L.

Specifically, the cookies that the Mandala Tours, S.L. website uses are:

  • Session Cookie: Disappears when the browser is closed, and its purpose is to store certain parameters such as user data, interaction with the portal, the routes followed to reach the desired circuit, etc.
  • Viewing Cookies: Store the language selected or detected for the user, settings, and acceptance of cookies by the user.

Use of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc., a Delaware company whose principal office is at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (“Google”).

Google Analytics uses cookies to help Mandala Tours, S.L. analyze the use of the website by its Users. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.

If IP anonymization is activated on this website, the User’s IP address will be shortened by Google if they are in a member state of the European Union or other countries that have signed the Agreement on the European Economic Area. Only in exceptional cases will your full IP address be transferred to Google in the United States and shortened there. IP anonymization is activated on this website.

Google will use this information on behalf of Mandala Tours, S.L. for the purpose of evaluating your use of the website, compiling reports on website activity, and providing other services related to website traffic and internet usage. Google may transmit this information to third parties when required by law, or when such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.

The User of Mandala Tours, S.L. may refuse the processing of their data by disabling the use of cookies through the selection of the appropriate settings on their browser; however, the User is informed that if they do so, certain website functionalities may be lost. You can also refuse the use of cookies and the processing of data related to the website (including your IP address) by Google, as well as prevent Google from processing this data by downloading and installing a plug-in from the following link.

By using this website and accepting the Cookie Policy, the User consents to the processing of their information by Google in the manner and for the purposes indicated above.

Claims and Actions Derived from the Contract

1. Travel Security

1.1. Client Responsibilities

The client knows and accepts the nature of the trip in relation to the destinations and activities it comprises. The client, aware of the official recommendations of the Ministry of Foreign Affairs and Cooperation (www.maec.es) and the Ministry of Health, Social Services and Equality (www.msc.es) of the Government of Spain regarding the desired destination, assumes and accepts this risk and excludes Mandala Tours, S.L. from any claim related to damages or even death arising from this inherent risk.

Likewise, the client knows that in certain destinations they will visit, the political, cultural, and geographical conditions may present certain risks, dangers, or physical challenges greater than those that may be encountered in their daily life. The client knows and declares that they have at least considered and weighed the potential risks, dangers, and challenges, and expressly assumes the inherent risk of the trip they propose to undertake.

The client is responsible for customs, weather conditions, physical challenges, and current laws at each point of the itinerary. They can inform themselves in advance and contact the local embassy or consulate of each destination, as well as seek advice from the agency.

Mandala Tours, S.L. will not be responsible for death, bodily injury, illness, delay, or other loss affecting the client’s person and/or property. Likewise, Mandala Tours, S.L. will not be responsible for the death or bodily injury suffered by the client (including emotional damage), as well as any illness or loss, caused by force majeure, war, terrorist attacks, civil unrest, government actions, political disturbances in any form and place, or any circumstance that may occur beyond the reasonable control of Mandala Tours, S.L..

1.2. Travel Insurance

Mandala Tours, S.L. will provide the client with information on the optional purchase of travel insurance. Such insurance, depending on the chosen optional modality, may cover cases of lost or delayed luggage, personal injury, medical expenses, evacuation and repatriation in case of accident, illness, or death, in the manner and amount stated in the policy provided to the client when booking is requested. You can consult the full insurance policy on the IATI Seguros website.

Mandala Tours, S.L. recommends extending the coverage to include cancellation, loss of possessions, or any other loss that may arise from a situation of loss, damage, delay, or inconvenience to the client.

2. Applicable Law

The package travel contract is governed by what is agreed between the parties and by these general conditions, and, in their absence, by the provisions of Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary Spanish laws.

The User is also protected by e-commerce regulations, common law, and the provisions that protect them as a consumer.

If any clause included in these general conditions is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness will affect only that provision or the part of it that is null or ineffective, with the general conditions remaining in full force in all other respects, and such provision, or the part of it that is affected, will be considered as not included.

In this case, the clause that has no effect will be replaced by a new one that complies with the applicable law, with wording and intent as close as possible to the clause that has become inapplicable.

3. Agency Claims

3.1. Submitting Complaints and Claims

If during the trip the client has any complaint or claim regarding the service provided, they must inform the guide or monitor to resolve the reason for the complaint or claim. When the incident occurs on a flight, accommodation, ground transportation, or other contracted services, the client must file the complaint at the place of the event with the corresponding service provider. The accompanying guide is also authorized to receive the client’s complaint or claim, which they will forward to Mandala Tours, S.L. as soon as possible to manage the resolution of the incident.

Mandala Tours, S.L. is available to the client to resolve any complaint or incident that may arise. However, Mandala Tours, S.L. informs that the deadline for submitting formal claims will be 30 calendar days from the trip’s end date. Any claim submitted after this deadline will not be addressed. Complaints or claims can be sent by email to [email protected]. Mandala Tours, S.L. commits to responding within 20 days from receiving the claim.

3.2. Alternative Dispute Resolution Methods

The parties agree, as an alternative dispute resolution method, to submit to the mediation of the European Consumer Center in Spain or the National Consumer Arbitration Board. If the parties do not reach an agreement through mediation or if the attempt at alternative dispute resolution through this route is unsuccessful, the User may go to the National Consumer Arbitration Board, in which case they will submit to the arbitration of the same, committing both parties from this moment to comply with the resolution issued by the arbitration body.