Terms and Conditions
Terms and Conditions
These General Terms and Conditions govern the contracting of the services offered by Travel Asia for Real, S.L., under the trade name Asia for Real, through the website and by any of its commercial service channels.
1. Identification
Owner: Travel Asia for Real, S.L.
Trade name: Asia for Real
Tax ID (CIF): B55464853
Registered address: Passeig Torras i Bages 29. 08030 Barcelona, Spain
Email: info@asiaforreal.com
Telephone: +34 722 605 849
Administrative status: Travel agency registered in Catalonia
Competent supervisory authority: Generalitat de Catalunya
2. Purpose
Asia for Real offers information, advisory, design, quotation, organisation, intermediation and marketing services for trips, experiences, accommodation, transport, excursions and other tourism services, in accordance with the specific proposal accepted by the client and, where applicable, with the corresponding package travel contract or tourism services contract.
3. Validity
The validity of each programme, proposal, quotation or offer shall be that indicated in the commercial content itself, in the corresponding itinerary or in the specific conditions provided to the client.
Asia for Real may modify, prior to contracting, the information contained on the website, programmes, quotations or proposals, in which case such changes shall be communicated to the traveller in a clear, comprehensible and prominent manner before the reservation or contract is formalised.
4. Applicable legal regulations
These General Terms and Conditions shall be governed by the Spanish legislation applicable at any given time, including regulations on consumer and user protection, distance contracting, package travel and linked travel arrangements, where applicable.
When the contracted service is legally considered a package travel service, the specific provisions in force in that matter shall apply, as well as the corresponding mandatory pre-contractual and contractual information.
5. Scope of application
These conditions shall apply to:
- quotation requests made by the client;
- proposals or quotations issued by Asia for Real;
- reservations and contracts formalised between the parties;
- services contracted by electronic means, by telephone, by messaging services or by any other remote channel.
In the event of any contradiction between these general conditions and the specific conditions of a particular proposal or contract, the specific conditions shall prevail.
6. Pre-contractual information
Before the client is bound by any contract, Asia for Real shall provide, where applicable, the legally required pre-contractual information, including:
- destination or destinations;
- scheduled dates;
- duration of the trip;
- planned means of transport;
- category and main characteristics of the accommodation;
- meals included, where applicable;
- visits, excursions or other included services;
- total or estimated price;
- applicable taxes, charges, surcharges or supplements, where applicable;
- method and schedule of payments;
- cancellation conditions;
- documentation required for the trip;
- insurance included or not included;
- contact details of the organiser and/or retailer;
- mandatory legal information applicable to package travel, including the standard form where applicable.
If any change occurs in the pre-contractual information provided before contracting, Asia for Real shall inform the traveller in a clear, comprehensible and prominent manner.
7. Persons with reduced mobility and special needs
Persons with reduced mobility, special needs, relevant medical circumstances, food intolerances or other personal conditions that may affect the normal development of the trip must notify Asia for Real before contracting or, at the latest, when requesting the reservation.
Asia for Real shall provide, as far as possible, information on the suitability of the requested trip or service according to the circumstances notified, without prejudice to limitations arising from suppliers, means of transport, accommodation, local infrastructure or destination conditions.
Failure to notify these circumstances in advance may affect the feasibility of the reservation or the proper provision of the service.
8. Contracting process
The client requests information or a quotation through the web form, WhatsApp, email or other enabled channels.
Asia for Real prepares a personalised proposal, indicative or final, depending on the degree of detail of the services, availability and supplier conditions.
The reservation shall only be formalised when:
- the client expressly accepts the proposal or contract sent;
- the necessary data for managing the reservation has been provided;
- the deposit or the price indicated in the specific conditions has been paid, where applicable.
A mere quotation request does not constitute a firm reservation or a guarantee of availability or price.
9. Price and method of payment
The prices indicated on the website are indicative or “from” prices, unless expressly stated otherwise, and may vary depending on dates, availability, occupancy, supplier, exchange rate, taxes, surcharges, fuel, fees, conditions of the requested trip or other elements affecting the final cost.
The final applicable price shall be the one stated in the proposal or contract accepted by the client.
Method of payment: partial advance payment and final payment according to the agreed schedule.
Payment schedule: at the time of the reservation request, Asia for Real shall require a deposit equivalent to 100% of the price of international flights, if any, and 40% of the rest of the package. The remaining amount must be paid at least 60 days before the start date of the trip. For reservations requested within the 60 days prior to departure, the traveller shall be obliged to pay the total amount of the reservation. If the travel services cannot be confirmed, the amount paid shall be refunded to the traveller.
Accepted methods of payment: bank transfer.
In the event of non-payment of any amounts due, Asia for Real may suspend the management of the reservation or terminate the contract, with the expenses corresponding under the specific conditions and the costs already committed to third parties.
10. Price revision
Where legally applicable, and especially in package travel contracts, the price may be revised upwards or downwards if such variation derives directly from changes in:
- the price of passenger transport resulting from the cost of fuel or other energy sources;
- the level of taxes or fees on the travel services included in the contract, imposed by third parties not involved in the performance of the trip;
- the exchange rates applicable to the contracted trip.
Any price revision shall be communicated to the traveller in a clear and justified manner, with a breakdown of its calculation, within the legally applicable time limits.
If the price increase exceeds the legal threshold allowing the traveller to terminate the contract without penalty, that right shall be expressly communicated.
11. Availability
All reservations are subject to the actual availability of places, accommodation, transport, activities and other contracted services.
Until the reservation has been confirmed in writing by Asia for Real or the corresponding suppliers, it may not be understood as definitively guaranteed.
If the reservation cannot be confirmed, the advance amounts corresponding shall be refunded to the client, unless an alternative has been expressly agreed.
12. Minimum number of participants
When the operation of the trip or of a specific service is subject to a minimum number of participants and this has been expressly indicated to the client before contracting, Asia for Real may cancel the trip if that minimum is not reached within the corresponding legal or contractual period.
In that case, the client shall be entitled to the refund of the amounts paid as applicable, without prejudice to the rights recognised by the applicable regulations.
13. Documentation and traveller’s obligations
It is the traveller’s responsibility to have the personal documentation necessary for the trip, including, where applicable:
- valid national identity card or passport;
- visas;
- entry permits;
- required health or vaccination certificates;
- documentation for minors;
- any other requirement imposed by the authorities of the country of origin, transit or destination.
Asia for Real may provide general guidance information, but the traveller shall be responsible for checking the validity, sufficiency and adequacy of their documentation before the trip.
The impossibility of taking the trip due to lack of or incorrect necessary documentation shall be the traveller’s responsibility, without prejudice to the corresponding costs or penalties.
14. Included services
Only those services expressly detailed in the proposal, quotation, itinerary, contract or final documentation delivered to the client shall be considered included.
Unless expressly stated otherwise, no service shall be considered included unless it is specifically indicated as included in the price.
15. Excluded services
Unless expressly stated otherwise in the proposal or contract, the following shall not be considered included in the price:
- visas;
- tourism, local, entry or exit taxes, where they must be paid at the destination;
- vaccines or health certificates;
- optional insurance;
- optional excursions or activities;
- beverages, special diets or extra consumption;
- minibar, laundry, calls, tips, porters or other additional hotel services;
- seat selection, extra luggage or other items subject to an additional fee by the carrier;
- any other service not expressly indicated as included.
16. Modifications by the client
Any request to modify dates, routes, names, services, accommodation, flights or other elements of the reservation must be made in writing and shall be subject to:
- operational feasibility;
- availability;
- acceptance by suppliers;
- management fees;
- applicable penalties or price differences.
Asia for Real does not guarantee the possibility of making changes once the reservation has been confirmed.
17. Transfer of the reservation
The traveller may transfer their reservation to another person, provided that such person meets all the requirements for the contracted trip or service and provided that the applicable regulations and the suppliers involved permit it.
The transfer must be requested in writing with sufficient notice and shall be subject to:
- availability;
- acceptance by suppliers;
- possible costs, commissions, penalties or surcharges arising from such transfer.
The transferor and the transferee shall be jointly liable, where legally applicable, for payment of the outstanding balance and the additional costs generated by the transfer.
18. Cancellations by the client
The traveller may terminate the contract at any time before the start of the trip by written notice.
Cancellation may entail:
- Asia for Real management fees, where applicable;
- supplier cancellation charges;
- non-refundable amounts already issued or committed, such as flights, special fares, tickets, insurance or services with restrictive conditions;
- additional penalties according to the specific conditions of the contracted trip.
Cancellation policy: the traveller may, at any time before the start of the trip, terminate the contract for all members of the group, and must pay a penalty according to the notice period applicable to each programme, except in cases of legally recognised force majeure at the destination. In particular:
- 100% of the amount of international flights and 40% of the rest of the package, if cancellation is made up to 60 days before the departure date;
- 100% of the total amount, if cancellation is made during the 59 days prior to the departure date.
Partial cancellations shall be assessed on a case-by-case basis.
Where the contract relates to package travel, cancellation shall also be governed by the specific applicable regulations and by the specific conditions provided to the traveller.
If unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity which significantly affect the performance of the trip or the carriage of passengers to the destination, the traveller may be entitled to terminate the contract without penalty under the terms provided by the applicable regulations.
19. Issued tickets, non-refundable services and partial cancellation
When transport tickets, hotel reservations or other services have been issued or contracted under non-refundable fares or special conditions, their cost may not be recoverable even if cancellation occurs in advance.
In the event of partial cancellation of a reservation affecting only part of the travellers, the price of the remainder of the reservation may be recalculated in order to adapt it to the new occupancy, room distribution or resulting fare conditions.
20. Modifications or cancellations by Asia for Real before departure
Asia for Real may modify or cancel a reservation or contracted service when any of the following occurs:
- force majeure;
- insufficient participants, where this has been expressly provided for;
- impossibility of performance for reasonable external causes;
- unavoidable and extraordinary circumstances;
- serious incidents affecting safety, transport, public order, public health or official restrictions.
If, before the start of the trip, Asia for Real is obliged to substantially modify any essential characteristic of the contracted service or trip, or the price in the legally provided cases, it shall inform the client clearly and in writing so that the client may choose, as appropriate, between accepting the proposed change or terminating the contract without penalty.
Where possible, Asia for Real may offer an alternative trip or service of equivalent or higher quality. If the alternative offered is of lower quality or cost, the client shall be entitled to the corresponding price reduction.
21. Alterations during the trip and lack of conformity
If, once the trip has started, any of the contracted services is not provided in accordance with what was agreed, Asia for Real shall act with due diligence to remedy the lack of conformity, unless this proves impossible or entails disproportionate cost.
When a substantial part of the services cannot be provided as agreed, Asia for Real shall endeavour to offer suitable alternative solutions, at no additional cost to the traveller where legally required.
If the alternative solutions involve a lower-quality service, the traveller may be entitled to an appropriate price reduction.
Where the lack of conformity substantially affects the trip and is not remedied within a reasonable time, the traveller may exercise the rights granted by the applicable regulations, including, where appropriate, termination of the contract without penalty and the request for a price reduction or compensation.
If the trip includes transport and the situation legally requires it, Asia for Real shall provide repatriation or return under equivalent conditions, in accordance with the applicable regulations.
22. Luggage
Unless expressly indicated otherwise in the proposal or contract, luggage transport shall be governed by the conditions of the relevant airline, shipping company, railway company or carrier.
The traveller must check in advance the included baggage allowance, the limitations on weight, size and number of items, as well as the specific conditions for hand luggage and checked baggage.
In the event of loss, damage, delay or any incident involving luggage, the traveller must file the corresponding claim directly with the carrier at the time the incident occurs or within the legally established time limits.
Personal belongings carried by the traveller and kept under their custody shall be their sole responsibility.
23. Insurance
Unless expressly indicated in the proposal or contract, the price of the trip does not include optional cancellation, assistance, luggage, accident, repatriation or other insurance coverage.
Asia for Real has the mandatory insurance required by the regulations in force for the exercise of its activity, including civil liability insurance and surety bond insurance.
Asia for Real may additionally offer supplementary insurance. The client is advised to carefully review the scope, exclusions, requirements and limits of the policies before taking them out.
24. Liability
Asia for Real shall be liable to the client under the terms provided by the applicable legislation and, where appropriate, by the specific regulations on package travel.
However, it shall not be liable for breaches or incidents arising from:
- incorrect or incomplete data provided by the client;
- lack of valid documentation;
- decisions or actions of the traveller;
- acts or omissions of third parties unrelated to the contracted service where they are unforeseeable or unavoidable;
- force majeure or unavoidable and extraordinary circumstances;
- services contracted directly by the traveller outside Asia for Real.
Where the applicable regulations recognise the traveller’s right to a price reduction or compensation for lack of conformity, Asia for Real shall act in accordance with those regulations and within the limits that may be legally admissible.
25. Traveller’s duty to cooperate
The traveller undertakes to communicate without delay any incident, lack of conformity or problem arising during the performance of the trip, so that an appropriate and proportionate solution may be attempted.
Failure to communicate immediately may affect the possibility of remedying the incident or correctly assessing its consequences.
26. Complaints
Any incident or complaint related to the performance of the services must be communicated to Asia for Real as soon as possible.
The client may send complaints to:
Email: info@asiaforreal.com
Postal address: Passeig Torras i Bages 29. 08030 Barcelona, Spain
27. Data protection
The client’s personal data shall be processed in accordance with the website’s Privacy Policy and with the regulations in force on data protection.
28. Applicable law and jurisdiction
These conditions are governed by Spanish law.
For any dispute arising from the contract, the courts and tribunals of the consumer’s and user’s place of residence shall have jurisdiction where so established by the applicable regulations.
