Legal notice

Through this legal notice, SUTREIA TRAVEL S.L. provides its users with the general information that service providers of the information society are obliged to make available, pursuant to Article 10 of Law 34/2002, of July 11, on information society services and electronic commerce.

It is informed that the website http://www.sutreia.com is owned by SUTREIA TRAVEL S.L., legally registered with C.I.F B16907875, registered in the Register of Tourist Companies as the holder of CICMA nÂº 4249, and whose registered office is located at Calle Goloso 5, 28023, Madrid. For the purposes of contact and information, SUTREIA TRAVEL provides the following email address: reservas@sutreia.com

The purpose of the website is to provide the user with clear information about the services provided by the owner company SUTREIA TRAVEL S.L.

ACCESS TO THE WEBSITE AND ACCEPTANCE OF THE LEGAL NOTICE

By accessing this website, you become a user and fully accept all the conditions contained in this Legal Notice. The purpose of the web portal is to provide you with the services offered by the company. Through the website, you can contact us and request information.

The user agrees to use the services and utilities offered by http://www.sutreia.com in accordance with its ethical code, laws, good faith, public order, customary practices, and this Legal Notice. The user will be liable to SUTREIA TRAVEL S.L. or third parties for any non-compliance resulting from the above.

The establishment of a link or hyperlink to another page or site on the Internet does not imply in any case the existence of relations between SUTREIA TRAVEL and the owner or proprietor of the linked website, nor the acceptance and approval by SUTREIA TRAVEL of its contents or services. Anyone intending to establish a link to this website must previously request consent from SUTREIA TRAVEL, reserving the right to claim any possible damages that may be caused by the establishment of this link without the necessary authorization.

USE OF THE WEBSITE BY THE VISITOR

The user must read this Legal Notice and the Privacy and Cookies Policy carefully each time they use this website, as the conditions may change at any time. Additionally, they agree to make appropriate and lawful use of the website and all its contents, in accordance with applicable legislation. The user must refrain from:

Unauthorized or fraudulent use of the website and/or SUTREIA TRAVEL content.
Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the domain owner, its providers, or third parties.
Attempting to access, use, and/or manipulate the data of the domain owner http://www.sutreia.com or satellite websites owned by the owner or its users.
Removing, hiding, or manipulating intellectual or industrial property rights notices and other data identifying the rights of the website owner, third parties incorporated into the content or comments, as well as technical protection devices or any information mechanisms that may be inserted into the content.
Copying and/or publishing the website without the express written authorization of SUTREIA TRAVEL, in this or any of its websites.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

SUTREIA TRAVEL, pursuant to the provisions of Articles 8 and 32.1 second paragraph of the Intellectual Property Law, expressly prohibits the reproduction and public communication, including its mode of making available, of all or part of the contents of this website for commercial purposes, on any medium and by any technical means, without the authorization of SUTREIA TRAVEL. The user agrees to respect the Intellectual and Industrial Property rights of SUTREIA TRAVEL.

Viewing all the contents and elements of the web portal, as well as their printing, copying, and storage on any physical or technological medium, is permitted provided that it is solely and exclusively for personal and private use. The user agrees to refrain from deleting, altering, or manipulating any protection device or security system installed on the website https://www.sutreia.com

EXCLUSION OF WARRANTIES AND LIABILITY. LINKS

SUTREIA TRAVEL is not responsible, under any circumstances, for any damages that may occur despite having adopted all the necessary technological measures to avoid it.

Due to the existence of links and hyperlinks to other websites in the contents of the web portal http://www.sutreia.com, the company informs that SUTREIA TRAVEL does not exercise any control over these sites and contents. Under no circumstances will it assume any responsibility for the contents of third-party links, nor guarantee the availability, quality, veracity, accuracy, and constitutionality of any material or information contained in any of these hyperlinks and other internet sites.

The inclusion of these external connections will not imply any type of association, merger, or participation with third-party entities.

LEGISLATION AND JURISDICTION

The applicable legislation to this Legal Notice will be Spanish law, and the competent jurisdiction to hear any claims arising from this website will be the Courts and Tribunals of the city of Madrid.

SUTREIA TRAVEL will report any non-compliance with these conditions, as well as any improper or negligent use of its portal, exercising all civil and criminal actions that may correspond by law.

Likewise, the owners of the web portal https://www.sutreia.com reserve the right to deny or withdraw access to the website and/or the services offered without prior notice, at their own instance or that of a third party, to those users who fail to comply with this Legal Notice, the cookies policy, or ignore the Privacy Policy.

Regarding Royal Decree-Law 23/2018, of December 21, on the transposition of directives in the field of trademarks, rail transport, and combined travel and linked travel services, SUTREIA TRAVEL S.L. declares to be subject to it in its entirety and also informs its clients of the rights and obligations of the parties in this regard concerning the following articles on liability for booking errors and everything related to combined and linked travel, where applicable:

Article 152. Liability for booking errors

The entrepreneur will be liable for errors due to technical defects in the booking system attributable to them, as well as for errors made during the booking process when the entrepreneur has agreed to manage the booking of a package travel or travel services that are part of linked travel services.

The entrepreneur will not be liable for booking errors attributable to the traveler or caused by unavoidable and extraordinary circumstances.

Article 153. Pre-contractual information

1. Before the traveler is bound by any package travel contract or corresponding offer, the organizer, and also the retailer when the package travel is sold through the latter, will provide the traveler with the standardized information form regarding the package travel as well as the following applicable information for the package travel:

a) The main characteristics of the travel services indicated below:

1.Âº The destination or destinations of the trip, the itinerary and the periods of stay, with their dates and, when accommodation is included, the number of overnight stays included.

2.Âº The means of transport, their characteristics and categories, the points, dates, and times of departure and return, the duration, the places of intermediate stops, and transport connections. If the exact time is yet to be determined, the traveler will be informed of the approximate time of departure and return.

3.Âº The location, main characteristics, and, if applicable, the tourist category of the accommodation according to the standards of the respective destination country.

4.Âº The planned meals.

5.Âº The visits, excursions, or other services included in the total agreed price of the package travel.

6.Âº In case this information cannot be deduced from the context, an indication of whether any of the travel services will be provided to the traveler as part of a group and, if so, where possible, the approximate size of the group.

7.Âº If the enjoyment of other tourist services depends on the traveler's ability to communicate verbally effectively, the language in which these services will be provided.

8.Âº At the traveler's request, if the trip or vacation is generally suitable for persons with reduced mobility, precise information about the suitability of the trip or vacation according to their needs.

b) The trade name, full address of the organizer and, if applicable, the retailer, as well as the phone number and email address of both.

c) The total price of the package travel including all taxes and, where applicable, all fees, surcharges, and other additional costs or, if these costs cannot reasonably be calculated before the contract is concluded, an indication of the type of additional costs that the traveler may have to bear.

d) The payment arrangements, including any amount or percentage of the price that must be paid as an advance and the payment schedule for the balance, or the financial guarantees that the traveler must pay or provide.

e) The minimum number of persons required for the package travel and the deadline referred to in Article 160.3.a) before the start of the package travel, for the possible cancellation of the contract if that number is not reached.

f) General information about passport and visa requirements, including the approximate time for obtaining visas, and information about health formalities for the trip and stay in the destination country.

g) An indication that the traveler may terminate the contract at any time before the start of the package travel, subject to the payment of an appropriate penalty or, where applicable, the standard penalty applied by the organizer for this concept, in accordance with Article 160.1.

h) Information on the subscription of optional insurance covering expenses incurred if the traveler decides to terminate the contract or the costs of assistance, including repatriation, in case of accident, illness, or death.

i) The information required by the current regulations on the protection of personal data.

When contracts are concluded by telephone, the standardized information as set out in Annex II.B and the information indicated in points a) to h), inclusive, of this paragraph will be provided to the traveler.

2. In the contracting of package travel, as defined in section b).2.Âº.v) of Article 151.1, the organizer and the entrepreneur to whom the data is transmitted will ensure that each provides, before the traveler is bound by the contract or any corresponding offer, the information indicated in points a) to h), inclusive, of the previous section, to the extent that it is relevant for the respective travel services they offer. The organizer will also provide, at the same time, the standardized information using the form set out in Annex II.C.

3. The information referred to in sections 1 and 2 will be provided to the traveler at least in Spanish and in a clear, comprehensible, and prominent manner, and when provided in writing, it must be legible.

Article 154. Binding nature of pre-contractual information

1. The information provided to the traveler in accordance with points a), c), d), e), and g) of Article 153.1 will form an integral part of the package travel contract and will not be modified unless the contracting parties expressly agree otherwise. The organizer and, where applicable, the retailer, before concluding the package travel contract, will inform the traveler, in a clear, comprehensible, and prominent manner, of any changes to the pre-contractual information.

2. If before concluding the contract the organizer and, where applicable, the retailer do not comply with the information requirements on fees, surcharges, or other additional costs as established in Article 153.1.c), the traveler will not have to bear them.

Article 155. Content of the package travel contract and documents to be provided before the start of the trip

1. Package travel contracts must be written in clear and comprehensible language and, if in writing, must be legible. At the time of concluding the contract or shortly thereafter, the organizer or, where applicable, the retailer will provide the traveler with a copy of the contract or confirmation of it in a durable medium. The traveler has the right to request a paper copy of the contract if it has been concluded in the physical presence of both parties.

In the case of contracts concluded outside the establishment, the traveler must receive a copy of the package travel contract or its confirmation on paper or, if agreed, on another durable medium.

2. The contract or its confirmation will include the entire agreed content, including all the information mentioned in Article 153.1, as well as the following information:

a) Special needs of the traveler accepted by the organizer.

b) An indication that the organizer and the retailer are responsible for the correct execution of all travel services included in the contract, in accordance with Article 161, and are obliged to provide assistance if the traveler is in difficulty in accordance with Article 163.2.

c) The name of the guarantor in case of insolvency, the name of the entity guaranteeing the performance of the package travel contract, and contact details, including their full address, in a summary document or certificate and, where applicable, the name of the competent authority designated for this purpose and their contact details.

d) The name, full address, phone number, email address, and, if applicable, fax number of the local representative of the organizer and, where applicable, the retailer, a contact point, or another service that allows the traveler, at their choice, to contact any of them quickly and communicate with them effectively, request assistance when in difficulty, or file a complaint about any lack of conformity noticed during the execution of the package travel.

e) An indication that the traveler must report any lack of conformity noticed during the execution of the package travel in accordance with Article 161.2.

f) In the case of unaccompanied minors traveling, where the package travel includes accommodation, information allowing direct contact with the minor or the person responsible for them at their place of stay.

g) Information about the internal complaint handling procedures available and alternative dispute resolution systems, in accordance with Law 7/2017, of November 2, which incorporates into Spanish law Directive 2013/11/EU of the European Parliament and of the Council, of May 21, 2013, on alternative dispute resolution for consumer disputes, and where applicable, about the dispute resolution entity to which the entrepreneur is adhered and the platform referred to in Regulation (EU) No 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.

h) Information that the traveler has the right to transfer the contract to another traveler, in accordance with Article 157.

3. In package travel contracts, as defined in section b).2.Âº.v) of Article 151.1, the entrepreneur to whom the data is transmitted will inform the organizer of the conclusion of the contract that gives rise to the formation of the package travel. The entrepreneur will provide the organizer with the necessary information to enable them to comply with their obligations.

As soon as the organizer has been informed that the package travel has been formed, they will provide the traveler in a durable medium with all the information referred to in the previous section 2.

4. The information mentioned in sections 2 and 3 will be provided in a clear, comprehensible, and prominent manner.

5. Well in advance of the start of the package travel, the organizer or, where applicable, the retailer will provide the traveler with the necessary receipts, vouchers, and tickets, information about the scheduled departure time, and, if applicable, the deadline for check-in, as well as the scheduled time of stops, transport connections, and arrival.

Article 156. Burden of proof

The burden of proof regarding compliance with the information requirements established in this chapter will rest on the entrepreneur.

Article 157. Transfer of the package travel contract to another traveler

1. The traveler may transfer the package travel contract to a person who meets all the applicable conditions of that contract.

2. The transfer must be communicated in advance to the organizer or, where applicable, the retailer, in a durable medium, with reasonable notice of at least seven calendar days before the start of the package travel.

3. The transferor and the transferee will be jointly liable for the unpaid balance of the agreed price, as well as any commission, surcharge, or other additional costs arising from the transfer. The organizer or, where applicable, the retailer will inform the transferor about the actual costs of the transfer. These costs must be reasonable and, in any case, must not exceed the actual costs incurred by the organizer and the retailer due to the transfer.

4. The organizer and, where applicable, the retailer will provide the transferor with proof of the commissions, surcharges, or other additional costs arising from the transfer of the contract.

Article 158. Price modification

1. After the contract is concluded, prices may only be increased if that possibility is expressly reserved in the contract and it is stipulated that the traveler has the right to a price reduction according to section 4. In such cases, the contract will indicate how price revisions are to be calculated.

Price increases will only be possible as a direct consequence of changes in:

a) the price of passenger transport resulting from fuel costs or other energy sources,

b) the level of taxes or fees on the travel services included in the contract, imposed by third parties not directly involved in the execution of the package travel, including tourist taxes, landing taxes, and embarkation or disembarkation fees at ports and airports, or

c) the exchange rates applicable to the package travel.

2. If the price increase referred to in the previous section exceeds eight percent of the total price of the package travel, the provisions of sections 2 to 5 of Article 159 will apply.

3. Regardless of the amount, a price increase will only be possible if the organizer or, where applicable, the retailer notifies the traveler in a clear and comprehensible manner, with a justification for this increase, and provides its calculation in a durable medium no later than twenty calendar days before the start of the package travel.

4. If the contract stipulates the possibility of price increases, the traveler will have the right to a corresponding price reduction for any decrease in the costs referred to in points a), b), and c) of section 1 that occurs in the period between the conclusion of the contract and the start of the package travel.

5. When a price reduction occurs, the organizer and, where applicable, the retailer will have the right to deduct the actual administrative expenses from the refund due to the traveler. If the traveler requests it, the organizer and, where applicable, the retailer must provide proof of these administrative expenses.

Article 159. Alteration of other contract terms

1. The organizer may not unilaterally modify the terms of the contract before the start of the package travel, except for the price in accordance with Article 158, unless this right is reserved in the contract, the change is insignificant, and the organizer or, where applicable, the retailer informs the traveler clearly, comprehensibly, and prominently in a durable medium.

2. If before the start of the package travel the organizer is forced to significantly alter any of the main characteristics of the travel services referred to in Article 153.1.a), cannot meet any of the special requirements referred to in Article 155.2.a) or proposes to increase the price of the trip by more than eight percent in accordance with Article 158.2, the traveler may, within a reasonable period specified by the organizer, accept the proposed change or terminate the contract without paying any penalty.

The traveler who terminates the package travel contract may accept a substitute package travel offered by the organizer or, where applicable, the retailer, if possible of equivalent or higher quality.

3. The organizer or, where applicable, the retailer must promptly inform the traveler, in a clear, comprehensible, and prominent manner, and in a durable medium:

a) The proposed changes referred to in section 2 and, where applicable, in accordance with section 4, their impact on the price of the package travel.

b) A reasonable period within which the traveler must inform of their decision according to section 2.

c) An indication that if the traveler does not notify their decision within the period specified in point b), it will be understood that they choose to terminate the contract without any penalty.

d) If applicable, the offered substitute package travel and its price.

4. When the contract modifications or the substitute package travel result in a package travel of lower quality or cost, the traveler will have the right to an appropriate price reduction.

5. In the event of the traveler's termination of the package travel contract before its start, under section 2, without paying any penalty or not accepting a substitute package travel, the organizer or, where applicable, the retailer will promptly refund all payments made by the traveler or by a third party on their behalf, and in any case, within no more than fourteen calendar days from the date of termination of the contract. For these purposes, the provisions of sections 2 to 5 of Article 162 will apply.

Article 160. Termination, cancellation, and right of withdrawal before the start of the trip

1. At any time before the start of the package travel, the traveler may terminate the contract, in which case the organizer, or, where applicable, the retailer, may require them to pay an appropriate and justifiable penalty. The contract may specify a standard penalty that is reasonable based on the advance termination of the contract concerning the start of the package travel and the cost savings and expected income from the alternative use of travel services. In the absence of a standard penalty, the amount of the penalty for terminating the contract will be the price of the package travel less the cost savings and income derived from the alternative use of travel services. The organizer or, where applicable, the retailer must provide the traveler with a justification for the amount of the penalty upon request.

2. Notwithstanding the provisions of the previous section, if unavoidable and extraordinary circumstances occur at the destination or in its vicinity that significantly affect the performance of the package travel or the transportation of passengers to the destination, the traveler will have the right to terminate the contract before its start without paying any penalty. In this case, the traveler will be entitled to a full refund of any payment made but not to additional compensation.

3. The organizer and, where applicable, the retailer may cancel the contract and refund the traveler for all payments made, but will not be liable for any additional compensation if:

a) the number of persons enrolled for the package travel is less than the minimum number specified in the contract and the organizer or, where applicable, the retailer notifies the traveler of the cancellation within the period specified in the contract, which at the latest will be:

1.Âº twenty calendar days before the start of the package travel in the case of trips longer than six days,

2.Âº seven calendar days before the start of the package travel in the case of trips lasting between two and six days,

3.Âº forty-eight hours before the start of the package travel in the case of trips lasting less than two days, or

b) the organizer is unable to perform the contract due to unavoidable and extraordinary circumstances and notifies the traveler of the cancellation without undue delay before the start of the package travel.

4. The organizer or, where applicable, the retailer, will provide the refunds required in sections 2 and 3, or, with respect to section 1, will refund any payment made by the traveler or on their behalf, for the package travel, less the appropriate penalty. These refunds will be made to the traveler without undue delay and, in any case, within no more than fourteen calendar days after the termination of the package travel contract.

5. In the case of package travel contracts concluded outside the establishment, the traveler will have a period of fourteen days to exercise their right to withdraw from the package travel contract without justification.

Article 161. Liability for the performance of the package travel and right to compensation

1. Organizers and retailers of package travel will be jointly liable to the traveler for the proper performance of the travel services included in the contract, regardless of whether these services are to be performed by themselves or by other providers.

The party liable to the traveler will have the right of recourse against the entrepreneur responsible for the breach or defective performance of the contract according to their respective scope of management of the package travel.

When an organizer or retailer pays compensation, grants a price reduction, or fulfills other obligations imposed by this law, they may seek reimbursement from third parties who contributed to the occurrence of the event that gave rise to the compensation, price reduction, or other obligations.

2. The traveler must inform the organizer or, where applicable, the retailer without undue delay, considering the circumstances of each case, of any lack of conformity observed during the execution of a travel service included in the contract.

3. If any of the services included in the trip are not performed in accordance with the contract, the organizer and, where applicable, the retailer must rectify the lack of conformity unless it is impossible or entails a disproportionate cost, considering the seriousness of the lack of conformity and the value of the affected travel services. If, according to this section, the lack of conformity is not rectified, the provisions of Article 162 will apply.

4. Notwithstanding the exceptions provided in the previous section, if the organizer or retailer does not rectify the lack of conformity within a reasonable period established by the traveler, the traveler may do so and request reimbursement of the necessary expenses. It will not be necessary for the traveler to specify a deadline if the organizer or, where applicable, the retailer refuse to rectify the lack of conformity or if an immediate solution is required.

5. When a significant proportion of the travel services cannot be provided as agreed in the package travel contract, the organizer or, where applicable, the retailer, will offer, at no additional cost to the traveler, suitable alternative arrangements, if possible of equivalent or higher quality to those specified in the contract, for the continuation of the package travel, also when the traveler's return to the departure point is not carried out as agreed.

If the proposed alternative arrangements result in a package travel of lower quality than specified in the contract, the organizer or, where applicable, the retailer will apply an appropriate price reduction to the traveler.

The traveler may only reject the proposed alternative arrangements if they are not comparable to what was agreed in the package travel contract or if the price reduction granted is inadequate.

6. When a lack of conformity substantially affects the performance of the trip and the organizer or, where applicable, the retailer has not rectified it within a reasonable period established by the traveler, the traveler may terminate the contract without paying any penalty and, where applicable, request both a price reduction and compensation for damages caused, in accordance with Article 162.

If it is not possible to find alternative travel arrangements or the traveler rejects the proposed alternatives in accordance with section 5, paragraph 3, the traveler will have the right, where applicable, to both a price reduction and compensation for damages in accordance with Article 162, without terminating the package travel contract.

If the package travel includes the transportation of passengers, the organizer and, where applicable, the retailer, in the cases indicated in the previous two paragraphs, will also repatriate the traveler in equivalent transport without undue delay and at no additional cost.

7. If it is impossible to ensure the return of the traveler as agreed in the contract due to unavoidable and extraordinary circumstances, the organizer or, where applicable, the retailer will bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveler. When European legislation on passenger rights, applicable to the respective means of transport for the return of the traveler, establishes longer periods, these periods will apply.

8. The cost limitation referred to in the previous section will not apply to persons with disabilities or reduced mobility, as defined in Article 2.a) of Regulation (EC) No 1107/2006 of the European Parliament and of the Council, of July 5, 2006, concerning the rights of disabled persons and persons with reduced mobility when traveling by air, nor to their accompanying persons, pregnant women, and unaccompanied minors, as well as persons needing specific medical assistance if their particular needs have been communicated to the organizer or, where applicable, the retailer at least forty-eight hours before the start of the trip. The organizer and the retailer may not invoke unavoidable and extraordinary circumstances to limit their liability, in accordance with section 7, if the carrier cannot invoke these circumstances under European legislation.

Article 162. Price reduction and compensation for damages

1. The traveler will be entitled to an appropriate price reduction for any period during which there was a lack of conformity unless the organizer or retailer proves that the lack of conformity is attributable to the traveler.

2. The traveler will be entitled to receive appropriate compensation from the organizer or, where applicable, the retailer for any damage or loss suffered as a result of any lack of conformity. Compensation will be paid without undue delay.

3. The traveler will not be entitled to compensation for damages if the organizer or, where applicable, the retailer proves that the lack of conformity is:

a) attributable to the traveler,

b) attributable to a third party unrelated to the provision of the contracted services and unforeseeable or unavoidable, or

c) due to unavoidable and extraordinary circumstances.

4. To the extent that international conventions binding on the European Union limit the scope or conditions for the payment of compensation by travel service providers included in a package travel, the same limitations will apply to organizers and retailers. In other cases, the contract may limit the compensation payable by the organizer or retailer, provided that this limitation does not apply to bodily injury or damages caused intentionally or by negligence and that its amount is not less than three times the total price of the trip.

5. Any right to compensation or price reduction under this law will not affect the travelers' rights under:

a) Regulation (EC) No 261/2004 of the European Parliament and of the Council, of February 11, 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.

b) Regulation (EC) No 1371/2007 of the European Parliament and of the Council, of October 23, 2007, on the rights and obligations of rail passengers.

c) Regulation (EC) No 392/2009 of the European Parliament and of the Council, of April 23, 2009, on the liability of carriers of passengers by sea in the event of accidents.

d) Regulation (EU) No 1177/2010 of the European Parliament and of the Council, of November 24, 2010, concerning the rights of passengers traveling by sea and inland waterways and amending Regulation (EC) No 2006/2004.

e) Regulation (EU) No 181/2011 of the European Parliament and of the Council, of February 16, 2011, concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004.

f) International conventions.

Travelers will have the right to file claims under this law, these regulations, and international conventions. The compensation or price reduction granted under this law and that granted under these regulations and international conventions will be deducted from each other to avoid overcompensation.

Article 163. Possibility of contacting the organizer through the retailer and obligation to provide assistance

1. The traveler may send messages, requests, or complaints related to the execution of the package travel directly to the retailer through whom it was purchased. The retailer will transmit these messages, requests, or complaints to the organizer without undue delay. For the purposes of compliance with the terms or limitation periods, acknowledgment of receipt by the retailer of the messages, requests, or complaints will be considered acknowledgment of receipt by the organizer.

2. The organizer and the retailer must provide appropriate and prompt assistance to the traveler in difficulty, especially in the event of unavoidable and extraordinary circumstances, in particular by:

a) providing appropriate information on health services, local authorities, and consular assistance, and

b) assisting the traveler to establish remote communications and helping to find alternative travel arrangements.

The organizer and, where applicable, the retailer may charge a reasonable fee for such assistance if the difficulty was caused intentionally or by the traveler's negligence. This fee will not exceed the actual costs incurred by the organizer or retailer.

Article 164. Effectiveness and scope of the insolvency guarantee

1. Organizers and retailers of package travel established in Spain must constitute a guarantee and adapt it when necessary. This guarantee may be constituted by creating a guarantee fund, contracting insurance, a surety bond, or another financial guarantee, in terms determined by the competent Administration. If passenger transportation is included in the package travel contract, a guarantee will be constituted for the repatriation of travelers, with the possibility of offering the continuation of the package travel. The requirement for this guarantee will, in any case, be subject to the provisions of Law 20/2013, of December 9, on the guarantee of market unity.

Organizers and retailers not established in a Member State of the European Union who sell or offer package travel in Spain, or direct such activities to Spain by any means, will also be required to provide this guarantee.

2. The guarantee must be effective and cover reasonably foreseeable costs. It will cover the amount of payments made directly by travelers, or by a third party on their behalf, in relation to package travel during peak season, considering the period between advance payments and final payments and the completion of package travel, as well as the estimated cost of repatriations in the event of insolvency. The necessary coverage may be calculated based on the most recent commercial data, such as the turnover of package travel in the previous fiscal year, but it must be adapted if the risks increase, especially due to a significant increase in the sale of these trips.

3. Insolvency will be understood to occur as soon as it is evident that due to the lack of liquidity of the organizers or retailers, the travel services will cease to be performed, will not be performed, or will only be partially performed, or when service providers require travelers to pay for them. Once insolvency occurs, the guarantee must be available, allowing the traveler easy access to the guaranteed protection, without prejudice to the possibility of offering the continuation of the package travel. Refunds for unperformed travel services will be made without undue delay upon the traveler's request.

4. The protection against the insolvency of the organizer and retailer will benefit travelers regardless of their place of residence, place of departure, the place where the package travel was sold, or the Member State in which the guarantor entity is located in case of insolvency.

5. When the performance of the package travel is affected by the insolvency of the organizer or retailer, the guarantee will be activated free of charge for repatriations and, if necessary, for financing accommodation prior to repatriation, without requiring any advance payment from the traveler.

Article 165. Guarantee of contractual liability

Organizers and retailers of package travel must constitute a guarantee that will generally respond to the fulfillment of the obligations arising from the provision of their services to the contracting parties of a package travel. In any case, travelers may claim this guarantee directly from the established coverage system.

Article 166. Mutual recognition of protection against insolvency and administrative cooperation.

1. For the purposes of proving compliance with the requirements established by this law regarding protection against insolvency, the competent regional authorities will accept any protection constituted by an organizer and, where applicable, a retailer, when in accordance with the measures adopted by the regulations of the Member State of their establishment. Likewise, the competent regional authorities in this matter will accept any protection constituted by an organizer and, where applicable, a retailer, when in accordance with the measures adopted under the regulations of the autonomous community of their establishment.

2. The Ministry of Industry, Commerce, and Tourism will act as the central contact point to facilitate European and national administrative cooperation. The competent regional authorities in this matter will monitor organizers and, where applicable, retailers operating in their respective autonomous communities and will notify their data through the central contact point to other Member States and the Commission.

3. The Ministry of Industry, Commerce, and Tourism will reciprocally provide the central contact points of other Member States with all the necessary information about the requirements of the national protection regime against insolvency, as well as the identity of the guarantor entity or entities offering such protection to a particular organizer or retailer established in Spanish territory. The autonomous communities will provide the Ministry of Industry, Commerce, and Tourism, as the central contact point, with all the necessary information about the protection regime against insolvency, as well as the identity of the guarantor entity or entities offering such protection to a particular organizer or retailer established in their territory. In any case, they will send an initial response within a maximum of fifteen business days from the receipt of the request from the central contact point.

4. The central contact points of other Member States will have free access to the list of organizers and retailers who comply with their obligations of protection against insolvency managed by the Ministry of Industry, Commerce, and Tourism. This list will be publicly accessible, including online access.

5. When there are doubts about the protection against insolvency of an organizer or retailer not established in Spain, the Ministry of Industry, Commerce, and Tourism will request clarifications from the Member State of the entrepreneur's establishment. Regarding entrepreneurs established in Spain, the Ministry of Industry, Commerce, and Tourism will respond to requests from other Member States as soon as possible, considering the urgency and complexity of the matter. In any case, an initial response will be sent within fifteen business days from the receipt of the request.

Article 167. Protection requirements against insolvency

1. Entrepreneurs facilitating linked travel services must constitute a guarantee for the reimbursement of all payments received from travelers to the extent that one of the included travel services is not performed due to their insolvency. If these entrepreneurs are responsible for passenger transportation, the guarantee will also cover the repatriation of travelers. The guarantee may be constituted by creating a guarantee fund, contracting insurance, a surety bond, or another financial guarantee, in terms determined by the competent Administration. The requirement for this guarantee will, in any case, be subject to the provisions of Law 20/2013, of December 9.

Entrepreneurs not established in a Member State of the European Union who facilitate linked travel services in Spain, or direct such activities to Spain by any means, will also be required to provide this guarantee.

2. The constituted guarantee must comply with the provisions of Articles 164 and 166.

3. Insolvency will be understood to occur as soon as it is evident that due to the lack of liquidity of the entrepreneurs, the travel services will cease to be performed, will not be performed, or will only be partially performed, or when service providers require travelers to pay for them. Once insolvency occurs, the guarantee must be available, allowing the traveler easy access to the guaranteed protection. Refunds for unperformed travel services will be made without undue delay upon the traveler's request.

Article 168. Information requirements

1. Before the traveler is bound by any contract that gives rise to linked travel services or any corresponding offer, the entrepreneur facilitating these services, including cases where the entrepreneur is not established in a Member State but directs such activities to Spain by any means, will indicate in a clear, comprehensible, and prominent manner:

a) that the traveler will not be entitled to any of the rights that apply exclusively to package travel under this law and that each service provider will be solely responsible for the proper contractual performance of their service, and

b) that the traveler will enjoy protection against insolvency as provided for in Article 167.

To comply with this section, the entrepreneur facilitating linked travel services will provide the traveler with this information using the corresponding standardized form set out in Annex III. When the special nature of the linked travel services is not covered by any of the forms set out in that annex, the entrepreneur will provide the information contained therein.

2. If the entrepreneur facilitating linked travel services has not complied with the requirements set out in Article 167 and in section 1 of this article, the rights and obligations established in Articles 157 and 160 and in Chapter IV of Title II of this book will apply concerning the travel services that are part of the linked travel services.

3. When linked travel services result from the conclusion of a contract between a traveler and an entrepreneur who does not facilitate these services, the latter will inform the entrepreneur facilitating them of the conclusion of the corresponding contract.