General Terms and Conditions

General Information

This site belongs to Mandala Tours, S.L., with registered office at C/ Faisán 18, 3ºE, Granada and N.I.F. B51037471. The company has a travel agency license C.I.AN-187782-3 and is dedicated to tourist 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 finalized when the client makes the payment for the trip. Mandala Tours, S.L. recommends reading the entire legal notice and these general conditions before finalizing the contract. These General Conditions constitute a contractual framework between our company and the User, and shall only be superseded by the Special Conditions included in the service sheets of the web catalog and in the package travel contract.

Contracts are made 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 the Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users.


Use of the Website

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

Terms of Use

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

  2. Language: These conditions are written in Spanish in their original version. If the User accesses any translation to another language whose interpretation is discrepant, the Spanish version will prevail.

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

    • Introduce software or applications into the network with the intention of causing damage to the computer systems of mandalatours.net, its suppliers or third-party Users.
    • To carry out illicit activities, contrary to good faith, customs, morals or public order.
    • Carrying out activities that constitute an infringement of intellectual and industrial property regulations or any other applicable legal regulation.
    • Making speculative, false, or fraudulent solicitations or solicitations.

Limitation of Liability

Mandala Tours, S.L. will make all reasonably possible efforts within its control and management capacity to guarantee and maintain adequate availability of the website at all times for its Users. However, the availability and proper functioning of the website may be impaired, slowed down or made impossible due to uncontrollable factors beyond the responsibility of Mandala Tours, S.L., such as the operation of third-party search engines, 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, being the responsibility of the provider of the advertised services.


Industrial and Intellectual Property

All contents of the website and platform of Mandala Tours, S.L., including trademarks, graphics, logos, icons, images and software, as well as the selection, compilation, ordering, programming, design and assembly of all the content of the website and platform, are the property of Mandala Tours, S.L., its suppliers and technological collaborators and are protected by national and international industrial and intellectual property regulations.

Any use of the website and platform content or photographs, including reproduction, modification, distribution, transmission, subsequent publication, exhibition or total or partial representation of the same without express consent of Mandala Tours, S.L., its suppliers or its technological collaborators, regarding the elements whose ownership they hold, is strictly prohibited.


General Terms and Conditions of Contract

Previous Considerations

Validity

These Conditions come into effect 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 will be displayed on the website from the date these changes take effect. Mandala Tours, S.L. recommends Users to read these terms and conditions before browsing, booking or contracting through the website.

It is the User’s responsibility to print or save a copy of these General Conditions on a durable medium for consultation prior to contracting and for subsequent retention, without prejudice to them being sent by email after online contracting.

If any clause included in these general conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect that provision or the part of it that is null or ineffective, with the general conditions subsisting in all other respects, considering such provision, or the part of it that was affected, as not included.

In this case, the invalid clause shall be replaced by a new one in accordance with the law in force, with a wording and spirit as close as possible to the clause that had become inapplicable.

User’s Responsibility When Contracting

The User declares that he/she is of legal age and has the necessary legal capacity to contract the services offered on the website, in accordance with the conditions below, which he/she declares to understand and accept.

In the case of services contracted by minors, the authorization of the parents or guardians is required to be able 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. in the booking process. Minors under 18 years of age must be accompanied by their parents and/or guardians throughout the entire trip. Otherwise, the trip reservation will not be accepted.

Before formalizing a reservation or contracting through the website mandalatours.net, the User will be obliged to accept, by marking a box, these terms and conditions, 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 prior to contracting, especially the conditions of cancellation of reservations and the right of withdrawal. If the User has any questions about the information available on the website, they can contact Mandala Tours, S.L. before contracting at the telephone number and email address provided on this site.


Package Tour Contracting

These conditions relating to package tours are applicable, according to current regulations, whenever the client contracts a combination of transport services, accommodation or another tourist 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 Special Conditions contained in the specific itinerary of each trip and in the package travel contract, which they supplement in a subsidiary manner.

1. Purchase Process

1.1. Viajes Publicados en la 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 the local culture. Our collaborators will accompany the traveler in the experience.

When the client is interested in any of our travel itineraries advertised on the website, they can confirm their reservation through the designated form. They must accept the Legal Notice, Privacy Policy, and the present General Terms and Conditions of Contract. Once the reservation is requested, the client will receive an informative email with the program/itinerary in PDF format, the package tour contract, a link to make the payment through the virtual POS with the amount to be paid, and information will also be provided for the optional contracting of travel insurance.

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

In the event that, once the trip has been booked 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 an event, the customer may choose between terminating the contract without penalty or accepting the alternative travel proposal. If you wish to terminate the contract, Mandala Tours, S.L. will refund the amounts paid to the client. The client must communicate their decision to Mandala Tours, S.L. within three days of being notified of the trip modification. In the event that the customer does not notify his decision in the terms indicated, it will be understood that he chooses to terminate the contract without penalty.

1.2. Viajes a Medida

In the event that the client requests a customized trip, they will provide information about the desired trip to Mandala Tours, S.L. through the web form, after which a quote will be sent to the email provided. This quote will be calculated based on the requirements and characteristics of the trip desired by the client. 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 have been accepted, he/she will receive an informative 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 contracting.

1.3. Formalización del Contrato de Viaje Combinado

The combined travel contract will be formalized in the case of customized trips through email exchange, with the User expressly accepting this means as a communication channel with Mandala Tours, S.L.. The client must read, sign, and return the signed contract or, if unable to scan it, respond to the email in which it was sent, expressly accepting its content. Only upon receipt by the agency of the User’s express acceptance will the reservation be considered formalized.

The User is responsible for providing their correct data in the contracting processes established on the website or by email, and the User must at all times provide all identification data correctly and as they appear on their ID or passport.

The User will be responsible in any case for the truthfulness of the data provided and will be responsible for communicating any changes to Mandala Tours, S.L., reserving the agency the right to exclude from registered services any User who has provided false data, without prejudice to other actions that may proceed in 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 exclusive responsibility of the client, as well as all subsequent consequences for ticket reservations, insurance contracting, or visa processing that may arise.


Persons with Reduced Mobility and Health Circumstances

Persons with reduced mobility, before proceeding with the reservation request, must inform the agency of such situation, in order to assess the possibility and feasibility of contracting and enjoying the trip according to its characteristics.

In accordance with EC Regulation 1107/2006, a person with reduced mobility is defined as any person whose mobility to participate in the trip is reduced due to physical disability (sensory or locomotor, permanent or temporary), intellectual disability or deficiency, or any other cause of disability, or age, and whose situation requires appropriate attention and adaptation to their particular needs of the service made available to other trip participants.

Especially in the case 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 establishments providing the services, to provide the User with maximum guarantees for their well-being.


Reservation Confirmation

The completion of the combined travel contract occurs with the acceptance of the conditions by the User, either for a predefined offered trip by checking the acceptance box, or with the acceptance of the conditions for customized trips via email. From that moment, the combined travel contract is binding for both parties.

By formalizing the reservation, the client has read and understood all the clauses of these General Terms and Conditions, the particulars of the trip and the package travel contract, the itinerary, and other non-binding documentation made available to the client.

Every time Mandala Tours, S.L. receives a reservation, a confirmation email is sent within 48 hours of receipt, except in the case of reception on holidays or weekends, in which case the confirmation will be sent on the next business day following receipt.

The change of a trip reservation for another will only be possible through agreement of the parties with the express written approval of Mandala Tours, S.L..


Price and Payment of the Price

4.1. Servicios Incluidos en el Precio

In the section “The price includes” of each travel offer, all services included per person will be detailed, generally being:

  • Pre-designed route (or designed upon client request, in the case of custom trips). Mandala Tours, S.L. designs the routes of its trips in relation to the main attractions and points of interest of the visited country. However, Mandala Tours, S.L. is not responsible for changes that may need to be made to the route or travel itinerary (either before or during the trip) due to force majeure such as illness, mechanical failures, flight cancellations, strikes, difficulties at customs, weather conditions, or any other unpredictable circumstance.
  • Flights or other means of transportation to and from 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 reservation.
  • Accompaniment by collaborating guides of Mandala Tours, S.L. during the experience. It is not an obligation of Mandala Tours, S.L. or the accompanying monitor to accompany the client at the beginning or return of the trip, understood as the physical presence of the guide on the outbound and return transportation, nor on domestic transportation (if any).
  • Accommodation at the destination in tents, lodges, hostels, or hotels of the category specified in the program provided to the client before formalizing the payment.
  • Any additional service will be specified both in the “INCLUDES” section of the web offers and in the itinerary that will be attached in the email response to the information request.

4.2. Servicios No Incluidos en el Precio

Any service that does not expressly appear in the “The price includes” section of the offer, or is not specifically detailed in the program/offer, will be excluded from the trip price. Among the excluded services, including but not limited to, are:

  • Excursions that the Client contracts on their own, before the start or during the trip. It expressly does not include excursions offered at the accommodations, regardless of whether these are included in the Mandala Tours, S.L. program. Mandala Tours, S.L. is not responsible for possible damages or negligence caused by service provider companies that the traveler or group directly contracts at the destination and that are not specified in the “The price includes” section of the itinerary.
  • Services and consumables that the Client contracts in the establishments where they stay or visit and are not detailed in the “Accommodation” or “Other Services” section of the program, such as coffees, wines, liquors, mineral waters, special dietary regimens (not even in cases of full board or half board, unless expressly agreed otherwise in the contract), and optional services of the hotel, lodge or hostel, as well as extra nights of accommodation that the user wishes to contract.
  • Fees/tips/payments that the client has to pay directly to the providers.
  • The price of cancellation and additional assistance insurance that the traveler wishes to contract.
  • Expenses for obtaining visas, passports, authorizations, vaccination certificates.
  • Internal flights, vehicle rentals, transfers.

If after the confirmation of the reservation new local legal provisions or at the destination come into force that impose on the Client the payment of any additional fee/tip/payment, Mandala Tours, S.L. will inform them as soon as they become aware, being in any case the Client’s responsibility to pay it.

4.3. Revisión del Precio

The prices of the trips offered on our website, as well as the price provided to the client in the case of custom trips, may be revised, both upwards and downwards, when the price of transportation, fuel, taxes and fees related to certain services related to the organized trip and the exchange rates applied to said trip vary.

These revisions shall be notified to the consumer, in writing or by any other means that provides a record of the communication made, being able, when the modification made is significant, to withdraw from the trip, without penalty, or to accept the modification of the contract. In no case shall it be revised upwards in the twenty days prior to the departure date of the trip, with respect to requests already made.

4.4. Impuestos

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

4.5. Medios de Pago

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

4.6. Ofertas y Promociones

Mandala Tours, S.L. may launch offers and promotions through different communication channels through which the User can access services under special conditions or a specific discount can be applied to their price. In such cases, the User may be asked for the promotional code or key during the booking process, applying the discount on the price shown. The conditions, limitations and exclusions to benefit from such offers will be detailed in the terms and conditions of each specific promotion.

4.7. Facturación

The invoice corresponding to the services will be issued and sent by e-mail once the last of the payments established in the payment conditions of each trip has been made and verified.


Applicable Rules for Package Holiday Services

1. General

1.1. Información del Contrato

The services included in the package travel contract result from the information provided to the consumer in the package travel program/offer, as well as from the indications relating to this information that have been made when confirming the reservation.

1.2. Modificaciones

The organizing agency reserves the right to modify the information contained in the brochure before the contract is finalized. In order to be valid, changes in such information must have been clearly communicated to the consumer in writing.

1.3. Responsabilidad de Proveedores

The providers of products or services, each within the scope of their respective obligations, will be responsible to the client for fulfilling 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 regarding those products or services that it does not provide directly beyond what is strictly required by current regulations.

1.4. Viajar con Mascotas

It will be understood that the presence of pets is accepted in the trip if this is expressly indicated in the publicity or previous information of the trip. Otherwise, if the consumer wishes to travel with their pet, they must inform the agency before making the reservation request so that they can be informed whether this is possible or not.

2. Accommodation

Unless otherwise stated in the travel program/offer or provided for in special conditions:

  • For those countries where there is an official classification of hotel establishments or any other type of lodging, 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 performance and/or quality.
  • The occupancy schedule of the rooms depends on the rules established in each country and accommodation, which will be informed in the brochure as far as possible, or whose information will be obtained by the client at destination, in case they are 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 two larger beds are used instead of additional beds. The formula that the traveler finally enjoys will depend on the availability of the establishment at that moment.
  • Due to the specificity of our destinations, accommodations may be in jaimas, which in turn are divided into categories (standard, with shared bathrooms and no shower, and luxury, with private full bathroom), so we recommend that the User pay special attention to the indication of the jaima category offered in each specific travel brochure.
  • As a general rule, full board includes continental breakfast, lunch, dinner and lodging. Half board, unless otherwise indicated, includes continental breakfast, dinner and lodging. As a general rule, such meals do not include beverages.
  • Special diets (vegetarian, allergies, or special regimens) are only guaranteed by the agency if they have been agreed upon by the parties in particular conditions.

3. Transportation

3.1. Presentación en el Lugar de Salida

The consumer must be present at the place indicated for departure with the advance notice indicated by the agency or, failing that, by the brochure, respecting the schedules and baggage limits indicated by the company. As a general rule, in the case of air transport, the minimum advance time is three hours before the scheduled departure time. It is recommended that the customer reconfirm flight departure times 48 hours in advance.

3.2. Falta de Presentación

If the traveler cannot make the trip due to not having arrived with the required advance time, the regime provided in these Conditions for failure to show up at departure or, if applicable, the one provided for consumer withdrawal will apply.

3.3. Equipaje de Mano

Loss or damage occurring in connection with hand luggage or other objects carried and kept in the consumer’s custody are at the consumer’s sole risk and expense.

3.4. Sobrecostes por Exceso de Equipaje

Any additional costs incurred by the traveler for excess baggage will be borne by the traveler. If the traveler expresses this to the agency during the booking, it will provide them with the necessary information about the additional baggage policy of the corresponding company in advance.

4. Other Services

4.1. Servicios del Guía

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

  • Inform, lead, coordinate and attend to the group during the trip, with the ability to make decisions that affect the route, including modifying it, applying their knowledge of the destination and any unforeseen circumstances that may occur in such a place beyond the control of Mandala Tours, S.L., so that the traveler enjoys the experience to the fullest. The traveler will submit to the authority of the tour guide and follow their instructions for the proper development of the trip.
  • Contribute their knowledge to enrich the travel experience.
  • Solve, as far as possible, as well as support the client in case of any problem or unusual circumstance during the trip.
  • Mediate between the client and Mandala Tours, S.L. during the trip.

4.2. Transporte Público y Alquiler de Vehículos

It may happen that, at the destination, the traveler decides to make trips in some type of vehicle, trips not integrated or pre-contracted in the travel package of Mandala Tours, S.L. The traveler is aware and accepts that Mandala Tours, S.L. has no responsibility whatsoever in relation to such transport services, especially regarding the choice and reliability of service providers, their quality, safety and any civil, administrative or criminal liabilities that may arise from their improper use by the client or the driver, if it were a third party.


Rights and Obligations of the Parties Before Starting the Trip

1. Modification of the Contract

1.1. Solicitud de Cambios por Parte del Consumidor

If at any time prior to departure the consumer wishes to request changes regarding destinations, means of transport, duration, travel itinerary of the contracted trip, or any other aspect related to the services, and the agency can make them, it may require the payment of additional justified expenses caused by such modification, as well as management fees for modifying the reservation that may not exceed 5% of the trip price.

1.2. Cambios Necesarios para el Buen Fin del Viaje

Before departure, the agency can only make changes that are necessary for the successful completion of the package tour and that are not significant. Changes are considered significant if they prevent the fulfillment of the trip’s purpose according to its general or special characteristics.

1.3. Modificaciones Significativas por Parte de la Agencia

In the event that the agency is obliged to make significant changes, it will immediately inform the consumer. The latter may choose between accepting the modification of the contract specifying the variations introduced and their repercussion on the price, or terminating the contract. The consumer must communicate the decision to the agency within three days of being notified of the modification. If the consumer does not communicate his decision within the indicated period, it will be understood that he chooses to terminate the contract without penalty.

2. Price Revision

2.1. Revisión del Precio por Variaciones en el Transporte, Carburante o Tasas

The agency may only revise the price, upwards or downwards, provided that such revision occurs before 20 days prior to departure and is not significant, i.e., not exceeding 15% of the trip price. Furthermore, such revision can only be carried out to adjust the amount of the trip price to variations in:

  • The exchange rates applied to the organized trip.
  • The price of transportation included in the trip, including fuel costs.
  • Taxes and fees related to certain services, such as airport taxes, embarkation, disembarkation, and similar fees included in the price.

2.2. Revisión del Precio por Modificación Significativa

If the price revision involves an increase of more than 15% of the price of the trip, the agency shall immediately inform the consumer, who may terminate the contract. The consumer must communicate the decision to the agency within three days of being notified of the modification. If the consumer does not communicate his decision within the indicated period, it will be understood that he chooses to terminate the contract.

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

3.1. Cancelación del Viaje Combinado por Parte de la Agencia

In the event that the organizer cancels the package tour before the agreed departure date for any reason not attributable to the consumer and user, they will have the right, from the moment the contract is terminated, to a refund of all amounts paid or to another package tour of equivalent or superior quality if the organizer can offer it. In the event that the offered trip is of lower quality, the organizer or retailer must reimburse the consumer and user, when appropriate based on the amounts already disbursed, the price difference, in accordance with the contract.

In any case, the consumer and user may demand the reimbursement of the amounts paid to the entrepreneur to whom they were paid, who must reimburse them within 14 calendar days. The computation of the term, in this case, will start from the notification of the consumer and user of his option for the resolution or from the occurrence of the circumstances determining the cancellation.

The client will also be entitled to compensation, for which the retailer and organizer are jointly liable, 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 cancellation of the trip by the agency is due to force majeure, understood as circumstances beyond the control of the invoking party, abnormal, unforeseeable and unavoidable, despite having acted with due diligence, or when the trip is not carried out due to not having reached the necessary number of registered persons for its realization.

3.2. No Existe Obligación de Indemnizar en los Siguientes Supuestos

  • When the cancellation is due to the fact that the number of persons registered for the trip is less than the number required in the brochure or in the package travel contract. In this case, the agency must communicate the cancellation in writing to the consumer as soon as possible and, in any case, no later than 20 days before the departure of the trip.
  • When the cancellation of the trip is due to force majeure. Force majeure causes are circumstances beyond the agency’s control, abnormal and unforeseeable, the consequences of which could not have been avoided, despite having acted with due diligence.

4. Transfer of Reservation

4.1. Posibilidad de Cesión de la Reserva a Otra Persona

The consumer may transfer his reservation to a person who meets all the conditions required in the brochure and in the contract to make the package.

4.2. Comunicación de la Cesión

The transfer must be communicated by any means to the agency and will be free if it receives the communication at least 15 days before the start date of the trip. If it is desired to be carried out at a later date and the agency can accept it, it may charge the consumer a handling fee for the transfer, which shall not exceed the additional amount charged by the suppliers.

4.3. Responsabilidad Solidaria

In any case, the consumer and the person to whom he/she has assigned the reservation are jointly and severally liable to the agency for the payment of the rest of the price, as well as for any justified additional expenses that may have been caused by the assignment.

5. Consumer’s Right of Withdrawal

5.1. Desistimiento del Consumidor en Todo Momento

The client, at any time, can withdraw from the requested or contracted services, having the right to a refund of the amounts paid, whether it is the total price or the deposit, but must compensate the agency for the cumulative concepts indicated below:

  1. Management fees, plus cancellation fees for own services and/or third-party services, if any.
  2. A penalty, consisting of 20% of the total trip if the withdrawal occurs more than seven days and less than fifteen days before the start date of the trip; 50% between 3 and 7 days, and 75% within forty-eight hours prior to departure.
  3. If not showing up at the scheduled time of departure, there will be no right to any refund of the amount paid.

In cases of force majeure, the customer shall be exempted from liability.

5.2. Efectos del Desistimiento

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

6. Failure to Show Up at Departure

6.1. Definición de Falta de Presentación

There will be a failure to show up at departure if the consumer does not communicate their intention not to carry out the trip and does not appear at the scheduled time and place for departure. In this case, he loses the right to a refund of the amounts paid and continues to be obliged to pay the amounts that are pending payment.

6.2. Excepción por Causa de Fuerza Mayor

However, if the failure to show up occurs due to force majeure, the consumer will have the right to be refunded the amounts paid.


Rights and Obligations of the Parties After Starting the Trip

1. Defective Performance or Failure to Provide Services

1.1. Comunicación de Incidencias Durante el Viaje

When the consumer finds during the trip that there is a defect or the lack of provision of any contracted service, he/she must inform the organizer or the retailer and, where appropriate, the service provider concerned, at the same place and as soon as possible, so that the agency can have the possibility to seek an immediate solution if possible. The communication shall be made in writing or in any other form in which there is a record. Upon receipt of the communication, the retailer or the organizer must act diligently to find appropriate solutions.

1.2. Minimización de Daños por Parte del Viajero

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

2. Impossibility of Providing a Significant Part of the Services by the Organizer

2.1. Soluciones para la Continuación del Viaje

The agency must adopt appropriate solutions for the continuation of the trip if, once it has started, it does not provide or verifies that it cannot provide a significant part of the services provided for in the contract. An important part of the services foreseen are those whose failure to perform them prevents the normal development of the trip and makes it unreasonable to expect the average traveler on this type of trip to continue it under these circumstances.

2.2. Aceptación Tácita de Soluciones

If the consumer expressly or tacitly accepts the solutions proposed by the agency, they will not be entitled to any compensation for these modifications. You will be considered to have tacitly accepted these proposals if you continue the trip with the solutions given by the organizer.

2.3. Rechazo de Soluciones por Motivos Razonables

If the solutions adopted by the organizer are unfeasible or the consumer does not accept them for reasonable reasons, the agency must:

  1. Provide them with a means of transport equivalent to that contracted for the trip to return to the place of departure or any other that both have agreed upon, if the contract includes the return trip.
  2. Reimburse the price paid, deducting the amount of the services that have been provided until the end of the trip, except if the defect that prevents the continuation of the trip is attributable to the consumer.
  3. Pay the compensation that may be appropriate according to the provisions of these conditions.

3. Consumer’s Withdrawal During the Trip

3.1. Derecho de Desistimiento Durante el Viaje

The consumer has the right to withdraw from the package travel contract once the trip has begun, but may not claim a refund of the amounts paid and will continue to be obliged to pay those that are pending payment.

3.2. Desistimiento por Accidente o Enfermedad

If the cancellation is due to an accident or illness of the consumer that prevents him from continuing the trip, the agency is obliged to provide the necessary assistance and, where appropriate, to pay the amount of the difference between the services provided and those provided, minus the cancellation costs duly justified.

3.3. Gastos Suplementarios por Desistimiento

In both cases, all additional costs incurred by the withdrawal, and in particular those of repatriation or transfer to the place of origin, are borne by the consumer.

4. Consumer’s Duty of Collaboration for the Normal Development of the Trip

4.1. Indicaciones de la Agencia

The consumer must follow the instructions provided by the agency for the proper execution of the trip, as well as the regulations that are generally applicable to users of the services included in the package tour. In particular, on group trips, they will show due respect to other participants and observe conduct that does not harm the normal development of the trip.

4.2. Infracción Grave del Deber de Colaboración

Serious breach of these duties empowers 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 that contracted in the trip to return to the place of departure or to any other place agreed upon by both parties. The agency shall also be entitled to the appropriate compensation for damages attributable to the consumer’s conduct.

4.3. Cumplimiento de Leyes y Costumbres

The traveler shall 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 in which they may personally incur and/or against third parties due to possible, alleged and/or proven breaches of the legislation or regulations of any kind in force in the destination country, expressing for this purpose their obligation in this respect and their firm and express will to abide by and comply with it in its entirety.

4.4. Notificación de Problemas de Salud

They will also notify Mandala Tours, S.L. of any illness, pathology, allergy or physical or mental health problem that could affect the normal development of the trip or the coexistence of the group. In case of not notifying this fact to Mandala Tours, S.L., or committing any illegal act or that may cause danger or discomfort 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, and safeguarding the actions and/or claims that the rest of the travelers wish to make against the infringer of the travel rules. Likewise, Mandala Tours, S.L. reserves the right not to accept more reservations 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 organizer will respond to the consumer for the correct fulfillment of the package travel contract according to the obligations that correspond to them by their respective scope of management of the package, whether it executes itself the services included in the package or if they are carried out by its assistants, collaborators or other service providers.

6. Causes of Exemption from Responsibility

The agency’s liability shall cease when any of the following circumstances occur:

  1. That the defects observed in the execution of the contract are attributable to the traveler.
  2. That such defects are attributable to a third party not involved in the supply of the services foreseen in the contract and are of an unforeseeable or insurmountable nature.
  3. That the defects referred to are due to force majeure, understood as those circumstances beyond the control of the party invoking them, abnormal and unforeseeable, the consequences of which could not have been avoided, despite having acted with due diligence.

7. Agency’s Duty of Assistance

7.1. Asistencia al Usuario en Dificultades

Despite being exempt from responsibility in certain situations based on current regulations, the agency will continue to be obliged to provide necessary assistance to users who find themselves in difficulties.

7.2. Excepción al Deber de Asistencia

The duty of care provided for in the preceding paragraph shall not exist when the defects occurring during the performance of the contract are exclusively attributable to intentional, irrational or negligent conduct of the customer.

8. Information on Applicable Provisions for Passports, Visas, and Vaccines

8.1. Información y Responsabilidad del Cliente

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

Nationals of countries outside the European Union should consult with their Consulate or Embassy regarding the documentary and health requirements for the trip.

8.2. Obtención de Documentación Necesaria

The client must obtain the necessary documentation to make the trip, including passport and visas, and that related to health formalities. All damages that may result from the lack of such documentation shall be at your expense, and in particular, the costs incurred by the interruption of the trip and its eventual repatriation.

8.3. Tramitación de Visados por Parte de la Agencia

If the agency accepts the consumer’s request to process the necessary visas for any of the destinations included in the itinerary, it may demand the charge of the cost of the visa as well as the management fees for the procedures to be carried out before the corresponding diplomatic or consular representation. When the trip is booked so close to the start date that there is a risk of not obtaining the visa through ordinary means (generally 45 days before the departure date) and urgent or different processing is necessary, the client will assume the extra costs of administration, courier, and processing.

In this case, the agency shall be liable for the damages attributable to it in accordance with the diligence normally required for delays in obtaining the necessary documentation or for the lack or insufficiency of the same.

8.4. Extravío o Pérdida de Pasaportes

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

8.5. Responsabilidad del Cliente en Caso de Deterioro de Documentación

It is the client’s responsibility to ensure the good condition and preservation of their passport. Mandala Tours, S.L. will be relieved of any responsibility for the inconveniences caused in the event of any type of deterioration or damage during its handling by the client, embassies during visa processing, or during immigration controls in transit or destination countries, with the client bearing the expenses and inconveniences that this may cause. The customer must fill in all the fields required by the authorities of the destination country to obtain the visa. If you do not fill in all the fields correctly, you will have to fill in the form again, and you may incur the administrative costs derived from such correction.

8.6. Documentación Personal y Familiar

All users, without exception, must have their corresponding personal and family documentation in order, whether it be a passport or national ID card, according to the laws of the country or countries being visited. The client will be responsible for obtaining visas, passports, vaccination certificates, etc., when required.

8.7. Rechazo de Visados por Parte de las Autoridades

In case of rejection by any authority of visa granting due to particular causes of the user, errors or omissions in the visa application form, or denial of entry into the country for lacking the required requirements, or for defects in the required documentation, or for not carrying it, Mandala Tours, S.L. declines all responsibility for events of this nature, with any expenses incurred being the client’s responsibility, applying in these circumstances the conditions and rules established for cases of voluntary withdrawal of services. Minors under 18 years of age must carry written permission signed by their parents or guardians, in anticipation that the same may be requested by any authority, in the manner and form determined by international law and/or the legislation of the country of destination.

9. Responsibility of Airlines in Relation to Incidents in Air Transport According to Regulation 261/2004

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

The above Regulation will only apply:

  1. To passengers departing from an airport located in the territory of a Member State.
  2. To passengers departing from an airport located in a third country to an airport situated in the territory of a Member State, unless they have received benefits or compensation and assistance in that third country, when the air carrier operating the flight in question is a Community carrier.

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

The regulation also provides for the payment of certain indemnities, which depend on the distance of the flight.

If the incident is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken, the air carrier operating the flight shall not be obliged to pay compensation, but shall provide due assistance and attention to affected passengers.

10. Responsibility for Services Not Included in the Package Tour

10.1. Prestaciones no Incluidas en el Viaje Combinado

The rules of contractual liability for package tours are not applicable to services such as transportation, accommodation, excursions, attendance at sporting or cultural events, visits to exhibitions or museums, or similar activities, when these are contracted directly by the traveler, or when contracted through the agency, but in 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. Responsabilidad de la Agencia como Intermediaria

The agency, in cases where the client contracts directly with the supplier, has no responsibility. In the case of assisting the client in the contracting of a single service, it intervenes as a mere intermediary, the supplier being exclusively responsible for the provision of the service.


Data Protection and Privacy Policy

According to the criteria established in the Organic Law 15/1999, of December 13, on Personal Data Protection (hereinafter, LOPD) or regulations that replace it, in order to be able to correctly 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 website, email or telephone.

The main purpose of personal data processing is the management and correct fulfillment of the contract between the User and Mandala Tours, S.L., including the publication of their travel service proposals and the facilitation, to the extent possible, of means for resolving disputes between both parties.

We may also use your data to provide you with information about products and services that may be of interest to you via Newsletter if you give us your express consent. If you would like us to use your data in this way, please check the appropriate advertising authorization box on the form.

In accordance with the provisions of 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 file of personal data called CLIENTS, duly registered in the Registry of the Spanish Data Protection Agency 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 for the development of Organic Law 15/1999 on the protection of personal data.

Communication of Personal Data

The collected data 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 in case it takes place.

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 the provision of services performed by third parties for 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 in order 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 the exchange of information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  • If Mandala Tours, S.L. is acquired by a third party, in which case the personal data of its customers will be one of the assets transferred.

The User can exercise their rights of opposition, access, rectification, and cancellation at any time by contacting the postal address of Mandala Tours, S.L., or by sending an email to info@mandalatours.net.

Any changes to our data protection policy will be published 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, in the event of substantial changes, Users will be informed by e-mail of the existence of such modification. If no opposition is received from you within the timeframes provided by law, it will be understood as tacit consent to the new Policy by the User.


Cookies Policy

In compliance with Article 22.2 of the Law on Information Society Services and Electronic Commerce (LSSI) and EU Directive 2009/136/EC, 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 that is transferred to your computer’s hard drive and stores information or browsing habits. Mandala Tours, S.L. uses cookie technology to collect additional data about website usage and to store information about the User for the sole purpose of improving their experience.

Update of Our Cookie Policy

We may update the Cookie Policy of our website, so we recommend that you review this policy each time you access our website in order to be adequately informed about how and for what we use cookies. Note that browsers may also change their policies and the location of information.

In no case will cookies be executable files or contain viruses.

The information provided by cookies is valuable, as it helps us improve the service we offer to our Users. However, although we appreciate that the user accepts cookies from our website, we remind you that you can configure your browser to accept them or not, or for the browser to warn you when a server wants to save one of them. To perform this configuration:

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

In case of using another browser, the User will have to consult the user’s manual of the same one. Google has also developed a browser add-on that disables sending data 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, their interaction with the portal, the routes they have followed to reach the desired circuit, etc.
  • Display Cookies: Store the language selected or detected for the user, settings, and acceptance of cookies on their part.

Use of Google Analytics

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

Google Analytics uses cookies to help Mandala Tours, S.L. analyze how Users use the website. 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.

In the case of IP anonymity activation on this website, the User’s IP address will be abbreviated by Google if they are in a member country of the European Union or other countries signatory to the European Economic Area Agreement. Only in exceptional cases will your full IP address be transferred to Google in the USA and abbreviated there. IP anonymization is enabled on this website.

Google will use this information on behalf of Mandala Tours, S.L. for the purpose of analyzing website usage, compiling reports on activity, and providing other services related to Internet traffic and usage. Google may also transfer this information to third parties where required to do so by law, or where 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. can reject the processing of data by preventing the use of cookies by selecting the appropriate configuration in their browser; however, the User is informed that if they do so, certain functionalities of the site may be lost. They can also reject the use of cookies and the use of site-related data (including their IP address) by Google, as well as prevent the processing of this data by Google by downloading and installing a plug-in at the following link.

By using this website and accepting the Cookie Policy, you consent to the processing of your information by Google in the manner and for the purposes described above.


Claims and Actions Derived from the Contract

1. Travel Safety

1.1. Responsabilidades del Cliente

The client acknowledges and accepts the nature of the trip in relation to the destinations and activities it includes. 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 Spanish Government regarding the desired destination, assumes and accepts this risk and excludes Mandala Tours, S.L. from any claim related to damages or even death resulting from this inherent risk.

Likewise, the client is aware that in certain destinations to be visited, the political, cultural and geographical conditions may present certain risks, dangers or physical challenges that are greater than those that may be encountered in their daily lives. The client acknowledges and declares that they have, at the very least, considered and weighed the potential risks, dangers, and challenges, and expressly assumes the inherent risk of the trip they intend to undertake.

The client is responsible for dealing with customs, weather conditions, physical challenges and the laws in force at any time of the itinerary, and of course has the possibility to inform himself in advance and contact the local embassy or consulate of each destination, in addition to seeking advice from the agency.

Mandala Tours, S.L. will not be responsible for death, bodily harm, illness, delay, or other loss affecting the person and/or property of the client. Similarly, Mandala Tours, S.L. will not be responsible for death or bodily harm 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 could occur beyond the reasonable control of Mandala Tours, S.L.

1.2. Seguro de Viaje

Mandala Tours, S.L. will provide the client with information about optional travel insurance. These insurances, according to the optional modality chosen, may cover instances of loss or delay of luggage, personal damages, medical expenses, evacuation and repatriation expenses in case of accident, illness or death, in the manner and amount stated in the conditions provided to the client at the time of requesting the reservation. You can consult the complete conditions of the integrated insurance on the IATI Seguros website.

Mandala Tours, S.L. recommends extending coverage to cases of cancellation, loss of possessions, or any other loss that may arise from a situation of loss, damage, delays or inconveniences for the client.

2. Applicable Law

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

The User is also covered by the regulations of electronic commerce, common law and the provisions that protect him as a consumer.

If any clause included in these general conditions is declared, totally or partially, 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 subsisting in all other respects, considering such provision, or the part of it that was affected, as not included.

In this case, the invalid clause shall be replaced by a new one in accordance with the law in force, with a wording and spirit as close as possible to the clause that had become inapplicable.

3. Claims to the Agency

3.1. Presentación de Quejas y Reclamaciones

If during the trip the client has any complaint or claim regarding the service provided, they must inform the guide or monitor in order to resolve the reason for the complaint or claim. When the incident occurs on a flight, accommodation, land transportation or other contracted services, the client must present the claim at the place of the incident to the corresponding service provider. The accompanying guide will also be authorized to receive the client’s complaint or claim, who will transfer it as soon as possible to Mandala Tours, S.L. in order to manage the resolution of the incident.

Mandala Tours, S.L. is at the client’s disposal to resolve any complaint or incident that may arise. However, Mandala Tours, S.L. informs that the deadline for submitting formal complaints will be 30 calendar days from the end date of the trip. Any claim submitted after this period will not be addressed. Complaints or claims can be sent by email to info@mandalatours.net. Mandala Tours, S.L. commits to respond within a period not exceeding 20 days from the receipt of the claim.

3.2. Métodos Alternativos de Resolución de Conflictos

The parties agree, as an alternative means of conflict resolution, to submit to the mediation of the European Consumer Centre 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 channel is unsuccessful, the User may turn to the National Consumer Arbitration Board, in which case they will submit to its arbitration, both parties committing from this moment to comply with the resolution issued by the arbitration body.

And to finish...

If you want us to stay in continuous ‘contact’, we give you two final options:

Follow us on our social networks

Subscribe to our newsletter

From time to time we will send you some inspiring email, with offers, with our newly published blog articles or with info that we think might interest you.