For the purposes of these General Terms and Conditions:
Program: The description of the package tour that includes all the tourist services offered by the organizer, plus the rest of the information required in article 153 of RDL 1/2007.
The information contained in the program is binding on the organizer, unless any of the following circumstances apply: (a) the changes in such information have been clearly communicated in writing to the traveler prior to the conclusion of the contract and such possibility has been expressly accepted by the traveler before that date (b) that occur subsequent to the conclusion of the contract, and have the express approval of the traveler.
Package travel contract: The binding agreement between the organizer and the traveler.
Organizer: The company NUBA EXPEDICIONES S.L., with registered office at Calle Serrano 96, 28006 Madrid (Spain) and C.I.C.M.A. nº 1559.
Traveler: Any person who enters into a contract, or has the right to travel by virtue thereof.
These General Conditions are subject to the provisions of Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws and Law 7/1998, of April 13, 1998, on General Contracting Conditions and other provisions in force.
These General Terms and Conditions, which are available at:
shall be incorporated into all package travel contracts entered into by the organizer and the traveler, forming part of the contract and binding both parties.
The organizer shall provide the interested traveler with all the pre-contractual information related to the package, as required by RDL 1/2007.
In addition to the program, the organizer will provide the traveler with the standardized information form, which can be found in the following link:
The traveler who accepts the program offered shall enter into a package travel contract with the organizer, which shall include, in any case, the program, these general conditions and any special conditions that may apply.
Once the required deposit has been paid and the contract has been signed, the organizer will take the necessary steps to obtain confirmation of the contracted services from each supplier.
In the event that any of these services cannot be confirmed due to lack of availability, another service of similar characteristics will be offered, with the new price, if applicable, which the traveler may accept or reject. In the event that the traveler rejects the proposed change, Nuba will refund the amounts deposited to date.
Nuba undertakes to confirm travel reservations 25 days prior to the scheduled departure date, except in cases where the contract is signed less than 25 days in advance, or in cases of modification of some of the contracted services, in which case the deadline will be the shortest possible.
4.1.- Collection of budgets and application conditions.
NUBA will charge a management fee for the preparation of a customized itinerary and travel budget, giving the right to request and receive the proposal within 20 days from the initial payment of such amount, unitary and non-refundable in whole or in part.
The amount charged for the itinerary and budget requested will be deducted from the total amount of the trip, provided that the client finally contracts and confirms it.
Partial modification of the services included in a quotation shall not be considered as a new quotation provided that the destination is not modified and/or there is a significant change of dates.
Finally, if the client does not make a reservation on the estimate or, once made, cancels it, the amount corresponding to the payment made for this concept will not be reimbursed in any case.
5.1.- General Scope.
The services included in the package travel contract result from the information provided to the traveler and included therein.
The client must be present at the place indicated for the departure with the anticipation foreseen in the travel documentation provided.
For air travel, the presentation at the airport shall be made at least three hours prior to the official departure time for international travel and two hours for domestic travel, and in any case, the specific recommendations indicated in the travel documentation provided when signing the contract shall be strictly followed. If the traveler is unable to complete the trip because he/she has not presented him/herself with the required advance notice, the regime foreseen for cancellation of the traveler once the trip has begun shall apply. Reservations will be made with the information provided by the traveler. Airlines reserve the right that a ticket with a name that does not match the name in the passport may be grounds for denying boarding to a traveler.
Once the reservation has been made, a mistake in the name or an incomplete name, causes a new reservation to be made with the possibility of not getting seats on the same flights or that the initial price may vary.
Loss or damage occurring in connection with carry-on baggage or other items carried and kept in the custody of the traveler is at the sole risk and expense of the traveler.
A direct air route shall always be understood as a flight whose documentary support is a single flight coupon, regardless of whether the flight makes a technical stop.
The quality and content of the services provided by the hotel will be determined by the official tourist category, if any, assigned by the competent body of your country. In those countries where there is an official classification of hotel establishments or any other type of lodging, the contract (program) includes the tourist classification granted in the corresponding country. In those where there is no official classification, the category indicated in the program is simply the indicative one given by Nuba.
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 usual check-in and check-out times for hotels depend on the first and last service the user is going to use. The room occupancy schedule depends on the rules established in each country. As a general rule and unless expressly agreed otherwise in the contract, rooms may be used from 2:00 p.m. on the day of arrival and must be vacated by 12:00 noon on the day of departure, regardless of the time of arrival at the hotel or the time of continuation of the trip.
When the contracted service does not include the permanent accompaniment of a guide and in the event that the user expects to arrive at the hotel or apartment booked on dates or at times other than those indicated, it is advisable, in order to avoid problems and misinterpretations, to inform the organizer, or the hotel or the apartments directly, as far in advance as possible, depending on the case. Likewise, the user must consult the organizer, at the time of booking, the possibility of bringing animals, as they are generally not allowed in hotels and apartments. In the event of having confirmed the admission of animals and intending to travel with them, such circumstance must be stated in the contract.
The lodging service shall imply that the room is available on the corresponding night, being understood to be provided regardless of the fact that, due to the circumstances of the trip, the check-in time may be later than initially planned.
5.3.2.- Supplementary Services.
When users request supplementary services (e.g. sea view room, etc.) that cannot be definitively confirmed by the organizer, the user may choose to definitively withdraw the requested supplementary service or maintain the request until such services can finally be provided. In the event that the parties have agreed to prepay the price of the supplementary services that finally cannot be provided, the amount paid shall be reimbursed by the organizer immediately upon cancellation of the service by the traveler or upon return of the trip, depending on whether the user has chosen to cancel the provision of the requested supplementary service or has maintained the request.
5.4.- Dietary regimen.
Half board, unless otherwise indicated, includes continental breakfast and dinner. As a general rule, and unless expressly stated otherwise, such meals do not include beverages. Special diets (vegetarian or special diets) are only guaranteed if they have been agreed upon by the parties under special conditions. If due to any delay, whatever it may be, any restaurant service corresponding to the contracted food allowance is lost, there will be no right to any refund.
5.5.- Special economic conditions for children.
Given the diversity of the treatment applicable to children, depending on their age, the service provider and the date of travel, it is recommended to always consult the scope of the special conditions that exist and that will be the subject of specific and detailed information at all times and will be included in the contract or in the travel documentation provided. In general, as far as accommodation is concerned, they will be applicable as long as the child shares the room with two adults.
With regard to the stay of minors abroad, the information provided in each case and what may be stated in the contract or in the travel documentation provided at the time of signing the contract shall apply.
6.1.- The price of the trip.
The price of the trip includes:
a) Transportation, when such service is included in the contracted program, with the type of transportation, characteristics and category stated therein.
b) Lodging, when such service is included in the contracted program, in the establishment and with the meals included therein.
c) Indirect taxes or levies – e.g. Value Added Tax (V.A.T.) when applicable and not payable directly by the traveler.
d) Management fees.
e) All other services and complements specifically specified in the subscribed package travel contract.
The price of the trip does not include anything not expressly stated in the travel contract.
In the case of optional excursions or visits not contracted at origin, it should be noted that they are not part of the travel contract. Their publication in the program is for information purposes only and the price is expressed as “estimated”. Therefore, at the time of contracting at the destination, there may be variations in their costs, which may alter the estimated price. These excursions will be offered to the traveler with their specific conditions and definitive price independently, not guaranteeing their possible realization until the moment of contracting them.
6.3.- Revision of prices.
The price of the trip has been calculated on the basis of exchange rates, transportation rates, fuel costs, taxes, etc. applicable on the date of publication of the program.
The price now established may be revised, both upward and downward, when changes occur in:
a) the price of passenger transportation derived from the cost of fuel or other sources of energy.
b) the level of taxes or fees on the travel services included in the contract, levied by third parties not directly involved in the execution of the package, including tourist, landing, embarkation or disembarkation fees, taxes and surcharges at ports and airports; or
c) the currency exchange rates applicable to the package.
Such revision may only be made more than 20 calendar days prior to the departure date of the trip. In no case shall a revision be possible in the event that the traveler has already paid the total price of the trip. Notwithstanding the above, and as far as the exchange rate is concerned, NUBA guarantees and fixes such price, once the trip is confirmed, so that, after such confirmation, the price will not be modified for this reason.
6.4.- Form of payment and reimbursement.
Upon signing the contract, the traveler must pay, or have paid, to the organizer fifty percent (50%) of the amount of the land services. Air tickets must be paid for prior to the issuance of the reservation. This date is imposed by the various airlines and will be notified to the traveler at the time of confirmation of the service. The rest, according to the payment schedule informed to the client prior to the contracting of the trip, except in those cases in which the contract is signed with a shorter notice, in which the payment of the rest of the price will be made against the delivery of the tickets and other travel documentation without any time limit. If any of the contracted services have special payment conditions, these will be informed before the trip is contracted. If the traveler does not make the final payment established in the contract, the organizer will require him/her to do so within forty-eight (48) hours. If payment is not made within this period, the organizer may terminate the contract and apply the rules established for cancellation, being obliged to pay Nuba all the costs incurred by the latter for this reason. In any case, 10% of the land services item will be considered within such costs, as general expenses for the management carried out. All refunds for any reason whatsoever will always be made through the Nuba branch where the registration was made. Once the departure of the trip has taken place, the non-voluntary non-use by the traveler of any of the contracted services will not entitle him/her to any refund.
7.1.- Modification of the contract prior to departure.
7.1.1.- For Nuba.
Nuba undertakes to provide its travelers with all the services contained in the contract, with the conditions and characteristics stipulated, although before the departure of the trip it may make those changes that are necessary for the successful completion of the trip and that are not substantial.
Notwithstanding the above, in the event that Nuba is obliged to make substantial changes to the contracted services, or proposes to increase the price by more than 8%, it will inform the traveler without delay, including the programmed changes and their impact on the price.
The traveler must notify Nuba within 24 hours if he/she accepts the changes to the program and the new price.
If the modifications accepted by the traveler would result in a lower quality of travel, the traveler shall be entitled to an appropriate reduction of the price. In the event of termination by the traveler of the contract due to the modifications communicated by NUBA, the former shall be entitled to a full refund of the amounts paid to date without any penalty, within a maximum period of fourteen calendar days from the date on which the termination occurs.
Insurance, once contracted, is non-refundable.
7.1.2.- By the traveler.
If at any time prior to the date of departure, the traveler wishes to request changes to the destinations, means of transportation, duration, schedule, itinerary of the contracted trip or any other aspect of the services and the organizer is able to make them, the organizer may require the traveler to pay the justified additional costs that such changes would have caused.
Likewise, the traveler may transfer his/her reservation for the package trip to a third person, as long as the latter meets all the conditions required for said trip, and must notify the organizer in writing at least 7 calendar days prior to the start date of the trip. Both the person who assigns his/her reservation for the trip and the assignee shall be jointly and severally liable to the organizer for the payment of the price of the trip, as well as for any commission, surcharge or justified additional expenses that may have been caused by such assignment.
7.2.- Termination of the contract before departure.
7.2.1.- Resolution of the trip by the organizer.
Nuba may cancel the contract and reimburse the traveler for all payments made by the traveler within 14 calendar days of notice of cancellation, but shall not be liable for any additional compensation if:
a). The number of persons registered for the package is less than the minimum number specified in the contract and Nuba notifies the traveler of the cancellation within the following deadlines:
– 20 calendar days before the start of the package (for trips lasting more than six days).
– 7 calendar days prior to the start of the package (for trips lasting two to six days).
– 48 hours prior to the start of the package in the case of trips of less than two days’ duration.
b). Nuba is prevented from performing the contract by unavoidable and extraordinary circumstances and notifies the traveler of the cancellation as soon as it becomes aware of it.
22.214.171.124.- Resolution of the trip by the traveler.
The traveler may at any time before the beginning of the package cancel the package and shall be obliged to pay Nuba for all costs incurred by Nuba as a result of such cancellation.
In any case, 10% of the land services item will be considered within such costs, as general expenses for the management carried out.
Nuba will not apply the above penalty if the termination occurs as a result of unavoidable and extraordinary circumstances at the place of destination or in the immediate vicinity that significantly affect the execution of the package, or the transportation of passengers to the place of destination. In this case, the traveler will be entitled to a full refund of any payment made, but no additional compensation.
Nuba shall be obliged to pay the traveler the amount due according to the above paragraphs, within a maximum period of 14 calendar days from the notification of the cancellation.
8.1.- Traveler’s rights.
The traveler shall be entitled to the proper performance of the travel services included in the contract. If any of the contracted services cannot be rendered, or are rendered with inferior quality, it shall be entitled to an appropriate reduction of the price and to the payment of compensation for any damages it may have suffered as a result.
The traveler 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 any outstanding amounts.
The traveler shall have the right to receive assistance in the shortest possible time, in the event of unavoidable and extraordinary circumstances, through the provision of information on health services, local authorities and consular assistance, and to receive help in establishing remote communications and finding alternative travel arrangements.
8.2.- Obligations of the traveler.
The traveler must follow the instructions provided by Nuba for the proper execution of the trip, as well as the regulations that are generally applicable to the users of the services included in the package. In particular, he/she will observe a conduct that does not harm its normal development, acting according to the elementary rules of prudence and common sense and obeying at all times the indications given by the guides and monitors of Nuba.
The traveler shall be obliged to notify Nuba of any lack of conformity on his part in the performance of the contract as soon as possible, as well as to accept the new proposals of the latter, in relation to such non-conformity, if they are of the same quality as those included in the contract, or if being of lower quality, he has been offered an appropriate reduction in price.
In any case, the traveler is obliged to take appropriate and reasonable measures to try to reduce the damages that may arise from the non-execution or deficient execution of the contract or to prevent their aggravation. Any damage resulting from failure to take such measures shall be borne by the traveler.
The serious breach of these duties entitles the organizer to terminate the package travel contract for cause attributable to the traveler, the latter being liable for any damages that may have been caused to the organizer.
8.3.- Nuba’s rights after the start of the trip.
Nuba, as responsible for the execution of the tour, has the right to make the decisions it deems appropriate in the event of unforeseen situations that may arise during the tour, such as climatic changes, political or military circumstances, problems caused by air intermediaries, etc., establishing the necessary changes in the tour to ensure the safety of travelers and the smooth running of the tour.
It also has the right to require travelers to behave appropriately and in accordance with the different regulations or customs of the countries included in the trip, so as not to prejudice its realization, and may give instructions in this regard.
Nuba shall have the right to terminate, at any time, the participation of any person, whose behavior may be considered dangerous to the safety of the group or the welfare of the participants, which shall not entitle the participant to any refund. However, it will take the necessary measures to ensure their repatriation.
8.4.- Nuba’s Obligations.
Nuba is obliged to properly perform the services included in the contracted trip, regardless of whether they are performed directly by Nuba or by other service providers, and shall be liable for any damages suffered by the traveler as a result of the non-performance or poor performance of the contract, except:
1). That the defects observed in the execution of the contract are attributable to the traveler.
2). That the defects referred to are due to unforeseeable or unavoidable circumstances, which are understood as any situation beyond the control of the party alleging such situation and whose consequences could not have been avoided, even if all reasonable measures had been taken.
In the above cases of exclusion of liability, Nuba shall be obliged to provide the necessary assistance to the traveler in difficulty, unless the defects caused are exclusively attributable to an intentional or negligent conduct of the traveler.
Nuba shall not be liable for any services not included in its program that the traveler may contract with third parties during the course of the trip and on the occasion of the trip. Neither shall it be liable if it is the traveler who independently contracts the transportation outside the provisions of the program, in relation to any delay, cancellation, accident or incident that may occur in connection with such transportation, regardless of the cause thereof, without the traveler or the beneficiaries having anything to request or claim for this concept. Likewise, Nuba shall have no liability whatsoever in relation to the fact that such possible incidents may mean the impossibility of carrying out all or part of the contracted activities, or the need to delay them, cancel them and, in general, modify in any way the contracted travel plan, without having to refund or pay any amount to the traveler for this fact. Lastly, the traveler acknowledges and accepts that the insurance policies contracted
by the organizer shall not cover any eventuality, if any, that may occur in connection with the transportation contracted directly by the organizer.
If any of the services included in the trip are not performed in accordance with the contract, Nuba shall be obliged to remedy the non-conformity, unless this proves impossible or would entail a disproportionate cost, taking into account the seriousness of the non-conformity and the value of the travel services affected.
When Nuba is unable to provide a significant proportion of the contracted travel services it will offer, at no additional cost to the traveler, suitable alternative arrangements, if possible of equivalent or superior quality to those specified in the contract, for the continuation of the package. If Nuba does not offer such alternative arrangements and the trip includes transportation, it will repatriate the traveler on equivalent transportation without undue delay and at no additional cost.
Nuba shall apply any limitations on the scope or conditions of payment of compensation by providers of travel services included in a package tour that may be established by international conventions binding the European Union.
In other cases, Nuba may limit in the contracts it enters into the compensation payable to the traveler provided that such limitation does not apply to bodily injury or damage caused intentionally or through negligence and that the amount of such limitation is not less than three times the total price of the trip.
Nuba undertakes to inform the traveler about the health formalities required for the trip and the stay, as well as the conditions applicable to passports and visas, and is responsible for the correctness of the information provided.
The traveler must obtain the necessary documentation for the trip, including passport, visas and health formalities. The traveler must ensure that all applicable visa regulations and requirements have been met prior to departure in order to ensure safe entry into all countries to be visited. 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. All damages that may result from the lack of such documentation shall be borne by you, in particular the costs incurred by the interruption of your trip and your eventual repatriation.
If the organizer accepts the traveler’s request to arrange the necessary visas for any of the destinations included in the itinerary, the organizer may charge 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. In this case, the organizer shall be liable for the damages attributable to him in accordance with the diligence normally required for delays in obtaining the necessary documentation or for the lack or insufficiency thereof, which make the trip impossible.
In some cases, Nuba offers expeditionary trips outside the traditional tourist routes, in close contact with nature, and living in many cases with villages far from western customs. Consequently, the trip that is contracted has specific characteristics that imply, with respect to conventional trips, a greater risk than usual, a risk of which the recipient who contracts it is fully aware, assuming the responsibility that derives from it and expressly declaring that the risk is precisely one of the causes that decisively influence its contracting.
Nuba has subscribed for all its trips a Basic Travel Assistance Insurance that covers the traveler, and will inform the traveler of the possibility of taking out optional insurance to cover the expenses incurred in case he/she decides to terminate the contract, or the costs of assistance, including repatriation, in case of accident, illness or death.
Insurance, once contracted, is non-refundable.
The traveler may file a legal claim in the courts of the place where he/she is domiciled and may only be sued in the same courts. Legal actions arising from the package travel contract are barred by the expiration of a period of two years. In any case, and in full compliance with the provisions of the preceding paragraph, Nuba makes available to travelers the following information so that they can file complaints and claims or request information about the trip contracted: NUBA EXPEDICIONES S.L., with address at Calle Serrano 96, 28006 Madrid (Spain) and C.I.C.M.A. nº 1559, telephone: 91 745 47 47 and email: email@example.com.
As a consequence of the execution of the Contract, in its capacity as data controller, NUBA will proceed with the processing of the personal data provided by the traveler guaranteeing that it complies with the applicable data protection regulations and, in particular, the Organic Law 3/2018 of December 5, on Data Protection and the Guarantee of Digital Rights and REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR). MAIN PURPOSE: NUBA collects the personal data of travelers in order to manage the requested services and maintain the contractual relationship. Also, personal data and those of the beneficiaries of the services will be processed for NUBA internal administrative purposes.
Other purposes: Personal data may be processed, subject to the traveler’s consent, for sending information about events and commercial communications related to NUBA through available channels, including electronic means.
– NUBA will carry out the processing of personal data and those of the beneficiaries of the services, which is necessary for the provision of contracted services, as well as for the preparation of budgets prior to the formalization of such contracting. The legal basis for this processing is the execution of the contract.
– NUBA may process personal data, with prior authorization, to send information about events and commercial communications that it considers to be of interest to the traveler. The legal basis for this processing is consent.
RECIPIENTS: For the management of the purposes inherent to the development and fulfillment of the object of the contract, it may be necessary and mandatory for the provision of the service, that the data and those of the beneficiaries of the services are communicated to the different suppliers, such as airlines, hotels, shipping companies and other service providers, who will be obliged to use the data, solely and exclusively, to comply with the object of the contract. These providers, depending on the country of your travel destination, may be located in third countries for which an international transfer of data is necessary.
RIGHTS: The interested parties may exercise their rights of access, rectification, cancellation, opposition or any other rights regarding data protection, by means of a written request, accompanied by a photocopy of their ID card, addressed to: Dpto. Data Protection – Nuba Expediciones S.L. C/ Serrano, 96; 28006 de Madrid. E-mail: firstname.lastname@example.org.
These General Conditions and Provisions shall remain in force until they are replaced by new ones.