5 - Right of withdrawal
In summary in a simple way:
Combined trip confirmed: does not cancel / return
Combined trip paid but not confirmed: canceled or returned within 14 days
There are exceptions to the right of withdrawal: section 2.B
The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the acknowledgment on his part that he is aware that, once the contract has been Completely executed by the employer, he will have lost his right of withdrawal.
CASE 1) COMBINED TRAVEL
Combine travel means the previous combination of, at least, two of the elements indicated in the following paragraph, auctioned or offered according to a global price, when said benefit exceeds 24 hours or includes one night's stay.
The elements referred to in the previous paragraph are the following:
Other tourist services that are not transport or accommodation accessories and that constitute a significant part of the package trip
In the event that the reservation has been processed and confirmed, as provided in article 160 of Royal Legislative Decree 1/2007:
"At all times the consumer and user may terminate the services requested or contracted, having the right to return the amounts paid, but must compensate the organizer or retailer in the amounts indicated below, unless such resolution take place due to force majeure:
a) Pay for management expenses, cancellation fees, if any, and a penalty consisting of 5% of the total amount of the trip, if the cancellation occurs more than 10 and less than 15 days before the date of the cancellation. start of the trip; 15% between days three and ten, and 25% within 48 hours prior to departure.
Failure to show up at the exit, the consumer and user is obliged to pay the total amount of the trip, paying, where appropriate, the outstanding amounts unless otherwise agreed between the parties.
In the event that the package is subject to special economic conditions of contract, such as freight of aircraft, ships or special rates, the cancellation expenses will be established in accordance with the conditions agreed between the parties. "
The User can request the cancellation of the combined trip requested or contracted by sending an email to the e-mail that is indicated on the coupon of the trip in question.
CANCELLATION TRAVEL FOR IMPUTABLE CAUSE TO THE ORGANIZER OR DETAINER
In the event that the reservation has been processed and confirmed, as provided in article 159 of Royal Legislative Decree 1/2007:
In the event that the consumer and user choose to terminate the contract, under the provisions of paragraph 2 of the previous article, or that the organizer cancels the package trip before the agreed departure date, for any reason that does not is attributable to the consumer and user, the latter shall have the right, from the moment of termination of the contract, to the reimbursement of all amounts paid, according to the same, or to the performance of another combined trip of equivalent or superior quality provided that the organizer or retailer can propose it.
In the event that the trip offered was of inferior quality, the organizer or the retailer must reimburse the consumer and user, when appropriate, according to the amounts already paid, the difference in price, according to the contract.
In any case, the consumer and user may demand the reimbursement of the amounts disbursed to the employer to which they were paid, which must be reintegrated within the terms and conditions provided in article 76. The calculation of the period, in this case, will start from the notification of the consumer and user of his option for the resolution or since the determining circumstances of the cancellation took place.
The same right foreseen in the previous number will correspond to the consumer and user who did not obtain confirmation of the reservation in the terms stipulated in the contract.
In the above cases, the organizer and the retailer will be responsible for payment to the consumer and user of the compensation that, where appropriate, corresponds to breach of the contract, which in no case may be less than 5 percent of the total price of the trip contracted , if the aforementioned breach occurs between 2 months and 15 days immediately prior to the planned date of completion of the trip; 10% if it occurs between the fifteen and three days before, and 25% in the event that the aforementioned noncompliance occurs in the previous 48 hours.
There will be no obligation to compensate in the following cases:
a) When the cancellation is due to the fact that the number of people registered for the combined trip is lower than the required and thus communicated in writing to the consumer and user before the deadline set for this purpose in the contract, which shall at least be 10 days in advance minimum to the planned date of initiation of the trip.
b) When the cancellation of the trip, except in cases of excess reserves, is due to reasons of force majeure, meaning those circumstances beyond the invoking, abnormal and unpredictable whose consequences could not have been avoided, despite having acted with due diligence.
** Before the formalization of the reservation of the trip, the provisions of section 2.B.
CASE 2) OTHER PRODUCTS AND SERVICES THAT DO NOT CONSTITUTE A COMBINED TRIP.
CASE 2.A. INFORMATION REGARDING THE RIGHT OF WITHDRAWAL OF DISTANCE SALES FOR PRODUCTS AND SERVICES THAT DO NOT CONSTITUTE A COMBINED TRIP NOR ARE INCLUDED IN THE EXCEPTION PARAGRAPHS 2.C.
CASE 2.A.1) INFORMATION ON THE RIGHT OF WITHDRAWAL FOR PHYSICAL ASSETS.
The right of withdrawal has a term of 14 calendar days from receipt of the product or from the end of the auction if it is a matter of providing services, without penalties for its exercise so that the consumer will be reimbursed for the full amount of the purchase, that is, the price of the product plus shipping costs, not subjecting the exercise of it to any formality, simply requiring the consumer to return the product in perfect condition without limiting its normal use. We do not condition the right of withdrawal, although if the product is not returned in the original packaging, it may cause depreciation.
To exercise the right of withdrawal, you must notify us at Eurocio Freetime, S.L. Address C / Pamplona, 96, office 17, Barcelona (08018), your decision to withdraw from the contract through an unambiguous statement (for example, a letter sent by mail, fax or email). You can use the model of withdrawal form that appears when clicking on this link (Form of withdrawal in pdf format), although its use is not mandatory. You also have the option of completing and sending electronically the model withdrawal form or any other unequivocal statement through our web site Form of withdrawal web: http://www.subastadeocio.es/contactar/desistir. If you use this option, we will inform you without delay of a lasting support (for example, by e-mail) of the receipt of said withdrawal.
To comply with the withdrawal period, it is sufficient that the communication relating to the exercise of this right be sent before the corresponding period of 14 calendar days expires.
Consequences of the withdrawal: In case of withdrawal on your part, we will refund all payments received from you, if any, including the delivery costs (with the exception of the additional costs resulting from the choice by the User of a modality of delivery different from the less expensive mode of ordinary delivery that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make such refund using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the refund. We may withhold reimbursement until you have received the goods, or until you have submitted proof of the return of the same, depending on which condition is met first.
You must return or deliver directly the goods or the attention of the person or company (Leisure Auction or supplier) depending on what is indicated on the purchase coupon, without any undue delay and, in any case, at the latest in the term of 14 calendar days from the date you notify us of your decision to withdraw from the contract. The deadline will be considered fulfilled if the goods are returned before the end of that period.
You must assume the direct cost of returning the goods. It is estimated that this cost can range between 3 and 50 euros depending on the product and the location. The user is the one who sends the product to the supplier by mail, once this has been notified.
You will only be responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
CASE 2.A.2) INFORMATION ABOUT THE RIGHT OF WITHDRAWAL SERVICES THAT DO NOT CONSTITUTE A COMBINED TRIP NOR ARE INCLUDED IN THE EXCEPTIONAL PARAGRAPH 2.B
You have the right to withdraw from this contract within a period of 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days from the date of conclusion of the contract, that is, the day on which the auction was won.
To exercise the right of withdrawal, you must notify us at the address Eurocio Freetime SL, C / Pamplona, 96, office 17 Barcelona (08018), your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by mail postal, fax or email). You can use the model of withdrawal form that appears when clicking on this link (Form of withdrawal in pdf format), although its use is not mandatory. You also have the option to fill in and send electronically the model withdrawal form or any other unequivocal statement through our website: Web withdrawal form. If you use this option, we will inform you without delay of a lasting support (for example, by e-mail) of the receipt of said withdrawal. More information about European standards is here (make this link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage).
In order to comply with the withdrawal period, it is sufficient that the communication relating to the exercise by this party of this right be sent before the corresponding deadline expires.
Consequences of the withdrawal: In case of withdrawal on your part, in addition to the cancellation of the auction won and all its contents, we will refund all payments received from you, without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make such refund using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the refund.
2.B. ** EXCEPTIONS TO THE RIGHT OF WITHDRAWAL OF DISTANCE SALES
According to article 103 of Royal Legislative Decree 1/2007, the right of withdrawal from distance sales to:
"A) The rendering of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the acknowledgment on his part that he is aware that, once the If the contract has been completely executed by the employer, he will have lost his right of withdrawal.
b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the employer can not control and which may occur during the withdrawal period.
c) The supply of goods made according to the specifications of the consumer and user or clearly personalized.
d) The supply of goods that may deteriorate or expire quickly.
e) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
f) The supply of goods that after their delivery and taking into account their nature have been mixed indissociably with other goods.
g) The supply of alcoholic beverages whose price has been agreed at the time of entering into the sales contract and which can not be delivered before 30 days, and whose real value depends on market fluctuations that the employer can not control.
h) Contracts in which the consumer and user has specifically requested the employer to visit him to carry out repair or urgent maintenance operations; if, in that visit, the employer provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal must apply to said additional services or goods .
i) The supply of sealed audio or video recordings or of sealed computer programs that have been unsealed by the consumer and user after delivery.
j) The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
k) Contracts concluded through public auctions.
l) The provision of accommodation services for purposes other than housing, transportation of goods, rental of vehicles, food or services related to recreational activities, if the contracts provide for a specific date or period of execution.
m) The supply of digital content that is not provided in a material medium when the execution has begun with the prior express consent of the consumer and user with the knowledge that they lose their right of withdrawal as a result. "
In relation to the previous section (m), once the course has begun or the auction codes have been received, the user automatically renounces the right of withdrawal and cancels the bid.
In the cases detailed above, in which the right of withdrawal of distance sales is not applicable, the client may request cancellation of his reservation, the cancellation policy being duly announced in each offer being applicable.
To the above it should be added that in the case of tickets, accommodation, vehicle rental, food or any recreational activity that does not provide for a specific date or period of execution, the right of withdrawal of remote sales may be exercised as long as the user has not proceeded to make the corresponding reservation with the provider, specifying, in this way, the specific date of execution of the benefit, in which case the policy of cancellation expenses that is duly announced in each offer will be applicable.