THE REAL THING
THE REAL THING

Terms & conditions – The Real Thing

  1. General

    These Terms and Conditions together with the privacy policy are the basis on which travelers accept the services provided by The Real Thing for booking the Trips.

    The General Terms and Conditions are applicable for travelers upon making any deposit to The Real Thing, regardless of whether it applies to the first non-refundable deposit or the full payment for the trip.

    Notwithstanding the foregoing, from the moment the Traveler begins to make use of the services provided by The Real Thing, it is confirmed that the Traveler has read and accepted these General Terms and Conditions.

    In the event that the service is provided to several Travelers, and only one of them has made the arrangements for the Trip, the Traveler shall be responsible for ensuring that the rest of the Travelers are aware of and accept the enforceability of these General Terms and Conditions.

  2. Applicable Law and acceptance of Terms and Conditions

    These Terms & Conditions are subject to the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the general Law for the Protection of Consumers and Users and its complementary regulations, and the Law 7/1998, on Terms & Conditions of Business and other provisions in force that affect the Terms and Conditions in the legal framework of the Kingdom of Spain.

    These Terms & Conditions shall be incorporated to all the Travel Contracts and events that The Real Thing carries out, always being part of the Contract and being legally bound by all the parties involved.

    These Terms and Conditions may be amended at any time without notice. It is therefore important that the Traveler reads them before confirming the Trip. The most recent version of the Terms and Conditions can be found on the website. In the event that the Terms and Conditions have been modified after the confirmation of the Trip, those in force at the time of the confirmation of the Trip will be applicable for each Trip.

    The Real Thing shall not be bound by any alternative dispute resolution procedures (arbitration, mediation, negotiation, etc.) unless expressly agreed otherwise.

    NOTE: With the initial deposit of the 25% of the Trip (or any subsequent payment) of the total cost of the Trip, it is understood that the itinerary proposal document is accepted, and the following Terms and Conditions are accepted.

  3. Agency

    The Trip Agency has been carried out by The Real Thing – WAYFARING SPAIN S.L. N.I.F B86659950, Federico Romero,9. Postal Code 28023. Madrid. Title – CICMA License Nº 2808.

  4. Definitions

    • Traveler: any person who enters into a Contract or has the right to travel by virtue thereof.
    • Agency: the company WAYFARING SPAIN S.L., with registered office at Calle Federico Romero, No. 9, 28023 Madrid and CICMA No. 2808.
    • Contract: The binding agreement between the Agency and the Traveler.
    • Trip: The corporate purpose governing the Contract between the Agency and the Traveler.
    • Significant Change: any modification to the proposed itinerary of the Trip that entails a variation in the price of the Trip by more than 8% or that entails a substantial change in the essential elements of the Trip.
    • Last Minute Reservation: a last-minute reservation shall be understood as a reservation made 30 days prior to the start of the Trip.
  5. Intermediary Relationship

    The Real Thing acts only as an intermediary agent between the different services offered in terms of accommodation, transport, travel suppliers, events, attractions or activities. The Agency is committed to high quality suppliers who ensure that Travelers will experience the highest standards of travel satisfaction at all times. The Real Thing will not make any commitment or implied warranty regarding the suitability or condition of any supplier’s products or services.

    The Traveler acknowledges and accepts that the Agency is not liable for any loss, damage or omission that the Travelers may suffer during the performance of the services rendered by the suppliers. It is the Traveler’s responsibility to be aware of their policies regarding certain issues such as lodging or luggage.

  6. Travel Contracting Process

    The Agency shall make available to the Travelers a proposed itinerary of the Trip in the form of a document detailing all aspects of the Trip, which may be in both hard copy and digital format.

    Prior to acceptance by the Traveler, he/she will be provided with the pre-contractual information.

    Upon acceptance of the Trip, the Traveler shall make a payment of 25% of the Trip in the form of a non-refundable deposit. The Traveler will make a single payment of the total cost of the Trip in case a last-minute reservation is booked.  Thereafter, the Agency will make the required arrangements to provide all the services listed in the proposed itinerary of the Trip. The Agency shall not make any bookings prior to the reception of the initial payment, for which reason the prices, availability and arrangements for the trip shall not be guaranteed prior to said payment. Upon receipt of the initial payment, the Organization will notify any possible changes to the proposed itinerary.

    Once the Trip is closed with the acceptance of the final offer or changes, the Agency will deliver the final Travel documents.

    In those Trips which have special features (competence, conditions, prices), The Real Thing will request a down payment of the Trip prior to the delivery of the proposed itinerary of the Trip according to those features, as a “retainer”.

    This amount shall be deducted from the final price at the time of making the payment of 75% of the Trip, provided that the Trip is finally contracted and confirmed by the Traveler. Otherwise, if the Traveler does not make a booking on request or, once made, he/she cancels it, the amount corresponding to the payment made for this concept shall not be reimbursed in any case.

    Final reconfirmation of the Trip will be made one month prior to the start of the Trip upon payment of 75% of the price in advance.

    Any changes to the proposed itinerary of the Trip shall always be replaced by an equivalent service with the same characteristics, if possible, being this change always subject to non-significant changes regarding the final price.

  7. Price Terms and Conditions

    1. Prices:

      For all Contracts made with The Real Thing, the price shall be paid in Euros.

      Price shall constitute the full amount specified in the Contract and may change between the proposed Trip itinerary and the final invoice. In the event that such changes to the proposed itinerary and final invoice are due to provider changes, The Real Thing shall not be responsible for any inaccuracies or omissions in advertising or on the website that may result in price discrepancies.

    2. Price Adjustments:

      Once the Traveler has paid 25% of the Trip deposit, there will be no change in the price, except for organizational reasons or at the Traveler’s request, some services had to be excluded or modified, unless these changes are not significant, or they modify the final price. The Traveler may make these non-significant changes up to one month prior to the Traveler’s departure.

      In the event that the Traveler wishes to make a non-significant change, which are not considered Significant Changes (as defined in clause 3), the Traveler must notify the Agency in writing as soon as possible. The Agency will use its best efforts to include such modification in the travel itinerary and cannot guarantee that requests for changes will be granted. The Organization may charge a non-refundable amendment fee per person to cover the administrative costs of such changes.

      Once the 25% deposit has been paid, The Real Thing will provide to the Traveler with the invoice, the document (the final proposal) detailing the services that are included, stating that those that are not included will not be part of the price.

      In the event, that a significant variation by the Traveler that implies an amendment of the Trip for The Real Thing is requested, the cost shall be borne by the Traveler, so he/she should face the payments included in the initial price and the new ones incurred by the change.

      Notwithstanding the foregoing, The Real Thing shall have no obligation to assume any change whose amount varies by more than 8% (upward or downward) from the initial price at which 25% of the deposit payment is calculated.

    3. Payment:

      The customer will proceed to make the payment of the Trip to The Real Thing after sending the invoices, as follows:

      • 25% of the Trip, as a deposit, at the time of acceptance of the Trip; and
      • the remaining 75%, one month prior to the start date of the Trip.

      Notwithstanding the foregoing, the percentages applicable to payment may be altered if it is required by the service providers and with the prior knowledge and consent of the Traveler.

      In the Trip is booked less than one month prior to the start of the Trip, the Traveler will have to pay 100% of the price of the Trip directly in a single payment.

      Payment methods accepted for the Trip payment include one of the following: Credit card or bank transfer. In case of using a credit card The Real Thing will always provide the Traveler with a secured website and will never ask for personal bank or credit card information.

      Payment by bank transfer benefits from a 3% discount.

      In the event of a booking of 5 rooms or more, specific conditions for groups will apply, which will vary according to the conditions established by the hotels and suppliers with whom the trip is carried out.

    4. Additional Costs:
      1. The price of the Trip excludes tips or similar payments that may arise for the Traveler during the Trip, whether or not they are compulsory.
      2. Services not included in the “All Inclusive” regime depending on the specific offer of the selected hotel.
      3. Local air taxes, any concept of compulsory payment directly by the Traveler.
    5. Cancellations and Refunds
      1. Agency:

        The Real Thing may cancel the Trip by refunding the Traveler the full price actually paid by the Traveler, but shall not be liable for any additional compensation if:

        • The Real Thing notifies the Traveler of the cancellation within the following deadlines:
          • 20 calendar days prior to the start of the Trip (in the case of Trips of more than six days duration).
          • 7 calendar days prior to the start of the Trip (for Trips between two and six days in duration).
          • 48 hours before the start of the Trip (in the case of Trips of less than two days duration).
        • The Real Thing is unable to execute the Contract due to force majeure circumstances beyond its control and informs the Traveler at the moment it becomes aware of them without any time limitation regarding to the beginning of the Trip.
      2. Traveler:

        The Traveler may cancel the Trip at any time prior to the start of the Trip by notifying the Agency in writing, subject to the following penalties:

        • More than 30 calendar days prior to the start date of the Trip as stated in the Travel Information, the cancellation fee will be the Deposit;
        • From 15 to 30 calendar days prior to the start date of the Trip indicated in the Travel Information, 50% of the total cost of the Trip;
        • from 7 to 14 calendar days prior to the start date of the Trip as stated in the Travel Information, 75% of the total cost of the Trip;
        • 6 calendar days or less prior to the start date of the Trip as stated in the Travel Information: 100% of the total cost of the Trip.
        Cancellation fees will be applicable to all reservations except for those where suppliers have their own cancellation policy, and Travelers should check with them if they have any doubts regarding their policy. The Real Thing recommends to all Travelers the subscription of a Reimbursement Insurance that, according to its conditions, assures the recovery of the amounts assumed by the Traveler in case of cancellation.
  8. Delimitation of Services

    The Real Thing at the time of sending the invoice for the payment of the deposit by the Traveler will also send a document listing all the services that will be offered to the Traveler during his/her stay.

    As mentioned above, in the event that a service cannot finally be offered, The Real Thing will try to offer an equal or similar service to the original, and the Traveler may modify or reject it at the moment it is known as long as it involves a Significant Variation in the price, resulting in a variation in the final price of the Trip or the possibility of canceling the Trip.

  9. Rights and Responsibilities before Departure

    1. Agency:

      The Real Thing undertakes to provide Travelers with all the services specified in the Contract, under the conditions and characteristics agreed upon, provided that prior to the departure of the Trip it may make any changes that are necessary for the proper completion of the Trip, and which do not entail significant changes.

      Notwithstanding the foregoing, in the event that The Real Thing is forced to make substantial changes to the contracted services or proposes an increase in the price of more than 8%, The Real Thing will promptly notify the Traveler, including any changes to the itinerary and their impact on the price.

      The Traveler must notify The Real Thing within 24 hours of the acceptance of the changes to the itinerary and the new price. In the event that insurance is contracted, once it has been taken out, it is non-refundable.

    2. Travelers:

      The Real Thing is is committed to making the Traveler’s Trip as successful as possible, but to do so, it will require the Traveler to undertake certain responsibilities:

      • Cooperate with The Real Thing in the organization of the trip and provide the necessary information in the shortest possible time, to prevent delays in the organization of the trip.
      • The Traveler is responsible to ensure that they have all the necessary documentation in order to ensure entry and exit from the countries visited during the Trips (e.g. visas, vaccinations, etc.). Documents relating to passports or ID cards or similar for their identity must always have an expiration date that is not less than or equal to six months prior to their expiration.
      • Likewise, Travelers shall be responsible to ensure that all the information contained in the documents required for the entry and exit of the countries are valid. As well as the custody of these before and during the entire Trip.
      • Take out travel insurance.
  10. Rights and Obligations after Departure

    1. Agency:

      The Real Thing is obliged to correctly perform the services included in the contracted Trip, being liable for the damages suffered by the Traveler as a consequence of the non-execution or deficient execution of the Contract, except:

      • Any event beyond the reasonable scope of The Real Thing.
      • Acts or omissions arising from services that are warranted by suppliers or independent third parties.
      • Any loss, damage, compensation or expense if it has not been caused by default or negligence on the part of The Real Thing.
      • Any direct or indirect loss of business, including loss of profit.
      • Any damage, loss, indemnity or expense suffered by the Traveler derived from the omission of the Traveler´s information and therefore the lack of knowledge of The Real Thing.
      • Any service not described/included in the documentation that The Real Thing provides the Traveler together with the deposit invoice.
      • Any act or omission that is not a breach of the Contract or that does not derive from a failure to act caused by The Real Thing or our employees.
    2. Traveler:

      The Traveler agrees that is liable for all losses, damages or claims arising in connection with the Trip as a result of any misconduct by the Traveler or any member of its group. In the event of any claim being made against the Agency as a result of the Traveler acts or omissions, or those of any of the members of its group, the Traveler shall extent the Agency from any liability and, if any money is claimed from the Agency, indemnify us for such sums, including any penalties or interest.

      Travelers who travel with The Real Thing in Spain and Portugal must adapt to the uses and customs of both countries, respecting the social and cultural values of these countries.

      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 them from worsening.

      The serious infringement of these duties entitles The Real Thing to terminate the combined Travel Contract for cause attributable to the Traveler, the latter being liable for any damages that may have been caused to the Agency.

      The Traveler shall be obliged to communicate to The Real Thing any lack of conformity on his part in the execution 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 these are of the same quality as those included in the Contract, or if being of lower quality, he has been offered an adequate price reduction.

  11. Execution of the contract

    The Real Thing will attach to the deposit invoice a document establishing the services that will be offered to the Travelers during the Trip. In the event that the services offered in the Trip proposal cannot be provided during the Trip, The Real Thing undertakes to seek all alternative formulas that can guarantee a service of equal or better quality.

    In the event of a change of services, Travelers may decide whether to accept the new services.

    When a part of the services cannot be offered or the alternative formulas involve a decrease in the quality of the Trip, The Real Thing undertakes to carry out the corresponding price reduction.

  12. Assistance.

    The Agency will offer to all Travelers who contract a combined Trip with The Real Thing a telephone assistance service during the entire Trip. The Real Thing will try, as far as possible, to help the Travelers in case of any possible inconvenience that may suffer during their Trip.

  13. Force Majeure

    In the event of force majeure circumstances, the following rules shall be followed:

    • In the event of force majeure circumstances occurring at or near the destination of the Trip, the Traveler may cancel the Trip without penalty and is entitled to a full refund of the price paid. Should it be the case that the Traveler shows a willingness to undertake the Trip in the future, The Real Thing will in good faith attempt to retain the price paid by the Traveler to undertake the Trip when the unavoidable and extraordinary circumstances cease.
    • Should circumstances of force majeure occur during the course of the Trip, making it impossible to guarantee the return of the Travelers on the date established in the Contract, The Real Thing undertakes to make its best efforts to assist the Traveler in finding accommodation and other situations in which the Traveler requests the Agency’s assistance.
    • In no case will personal Traveler circumstances be understood as force majeure and, therefore, no amount will be reimbursed when the cancellation of the Trip is due to circumstances that cannot be attributed to the Agency or to an event of force majeure as established in the regulations mentioned in the first paragraph. In addition to the non-refund, the penalties established in the Terms & Conditions will be charged.
  14. Liability

    The Real Thing will apply the limitations that, in relation to the scope or conditions of the payment of compensation by Travel service providers included in a combined Travel, are established by international conventions binding the European Union.

    In all other cases, The Real Thing may limit in the Contracts it enters into the compensation to be paid to the Traveler provided that such limitation does not apply to bodily injury or damage caused intentionally or by gross negligence.

  15. Passports, visas and documentation

    All Travelers who make a Travel Contract with The Real Thing, without exception, must carry their passport or other documentation that is necessary according to the requirements of the destination country of the Trip. The documentation related to passports or D.N.I. or similar for their identity must always have an expiration date that is not less than or equal to six months for its expiration.

    Therefore, the Travelers will be in charge of requesting visas, documents or vaccination certificates when these are necessary. Being the Traveler responsibility in the event that these are not provided or delegated due to circumstances that derived intern, incurring in the causes of voluntary cancellation of the Trip.

    Therefore, The Real Thing, reminds all Travelers who are going to make a Travel Contract with the Agency, to review the rules and laws that establish the countries of Spain and Portugal so that they do not have complications.

    Minors under 18 years of age must carry a written permission from their parents or legal guardians, in the event that this may be requested by any authority.

  16. Health

    By payment of the Deposit (or in the case of late bookings, by sending full payment to us), without any caveat, the Traveler expressly declares that none of the members of the Trip, suffer from any illness or disability, physical or otherwise, that would make the Trip unsafe for you or other Travelers. You should receive updated health advice on the health precautions to be taken prior to the start of your Trip.

  17. Luggage

    The Real Thing is not responsible for the restrictions and policies regarding luggage. The Travelers will have to follow the indications established with the carriers to know the policies that they carry out with the luggage.

  18. Data Protection

    Responsible: WAYFARING SPAIN S.L.

    Delegate of data protection: info@therealthing.es

    Purpose: To provide the requested services and perform accounting, tax and administrative management, as well as send commercial communications about our products and / or services and conduct satisfaction surveys. Legitimation: Execution of a Contract. Legitimate interest of the responsible.

    Recipients: No data will be transferred to third parties, unless legally required. Rights: You have the right to access, rectify and delete the data, as well as other rights, indicated in the additional information, which can be exercised by sending an email with a copy of NIF to our email address info@therealthing.es. Origin: The interested party. Additional information: You can consult additional and detailed information on Data Protection at: www.therealthing.es