PACKAGE TRAVEL CONTRACT

In accordance with the provisions of Royal Legislative Decree 1/2007 of 16 November, in accordance with the wording of Royal Decree-Law 23/2018 of 21 December, transposing the Directive on Package Travel and Linked Travel Arrangements, and the amendment regarding liability and other matters approved in Law 4/2022 of 25 February on the protection of consumers and users in situations of social and economic vulnerability, this contract is entered into between:

On the one hand, WAYNA AERO, S.L. (WAYNABOX), with registered address at Plaça Reial, 18, P. 2, 08002, Barcelona, holder of CIF B98649247, telephone +34 688 862 945 and email hola@waynabox.com, as the Organizing Travel Agency. The traveler may contact WAYNABOX at the destination using the contact details indicated above.

And on the other hand, the principal contracting party in his or her own name and on behalf of the other persons included in the booking.

Both parties mutually express their intention to formalize a package travel arrangement on the basis of the following terms and conditions.

The members of the trip, the total duration thereof, the start date and end date of the trip, classification and categories, board basis and room type of the accommodation, means of transport, visits and / or excursions, trip price, taxes, management and cancellation fees, possible additional costs, insurance, shall be those determined according to the consumer’s selection at the time of booking.

The primary language of the provision of services at the destination shall be the official language of the destination country and, failing that, English or Spanish.

The itinerary, destination, place of departure and time for presentation and return, as well as accommodation details, due to the nature of the trips organized by WAYNABOX, shall be communicated at the moment when the consumer receives the “destination reveal” communication.

Likewise, the TRAVELER DECLARES that he or she is aware of the form containing the pre-contractual information relating to the package travel arrangement reproduced herein, as well as the conditions regarding periods of stay, dates, number of overnight stays included, the means of transport, their characteristics and categories, departure and return dates and times, duration, the main characteristics, the meals included, visits, excursions or other services included, the language of the service, trade name, the full address of WAYNABOX, as well as the telephone number and email address, the total price of the package travel arrangement including all taxes and, where applicable, all commissions, surcharges and other additional costs, as well as the payment methods, and general information on passport and visa requirements, health formalities, termination rights with penalty, and the possibility of taking out optional cancellation and assistance insurance, covering any expenses in such cases, including repatriation costs in the event of accident, illness or death, as well as the information required by the regulations in force regarding the protection of personal data.

He or she ALSO DECLARES that the General Conditions applicable to the booked trip appearing on the website https://waynabox.com/es, through which the corresponding package travel services were selected, have been made available to him or her, are in the possession of the traveler, and form an integral part of this contract.

The booked trip is not a group trip. However, some travel services (such as excursions, if selected by the traveler) may be provided as part of a group.

The traveler has been informed of the need to carry certain administrative documents for entry, stay and exit at the destination and for transit, whether adults or minors are traveling (documentation, visas, and authorizations), as well as, where applicable, the necessary vaccinations, and of the obligation to obtain and possess them prior to departure.

Given the evident impossibility of obtaining up-to-date information for each and every country, and of the entry / exit / transit requirements, which by their very sovereignty may change without prior notice, for each traveler of different nationalities, the parties agree that the traveler shall consult the Spanish Ministry of Foreign Affairs and / or the equivalent body in the country of his or her nationality, and / or the consulate / embassy of the destination and / or transit country, in order to verify and obtain the necessary travel documentation (visas, authorizations, etc.) and health requirements.

The personal and family documents of all passengers (including children) must be in order, and the traveler must verify that the passport and / or visa or ID card meet the requirements established by the regulations of the country to be visited. Please consult the relevant embassies and consulates regarding both the requirements and the time needed to obtain them. Obtaining the passport or any other entry requirement for each country, as well as obtaining the corresponding visas and / or authorizations (e.g. ESTA, ETIAS, eTA, etc.), including transit through third countries, shall be at the traveler’s own expense.

If any authority rejects the documentation or entry into the country is denied because the required conditions are not met or because such documentation is not held, this shall not be considered a “cancellation due to force majeure”, and the agency shall not be liable for additional expenses nor refund the price of the trip.

Minors under 18 years of age must carry a written permission signed by their parents or guardians before the competent authority, in anticipation that it may be requested by any authority. Minors and babies must carry an ID card or passport, in addition to any other documents if required (e.g. visa). Likewise, in the event that the minor is not traveling accompanied, the telephone number of the destination hotel will be provided.

WAYNABOX has requested information from the traveler regarding any reduced mobility conditions and / or disability and / or requests and / or special needs to be confirmed prior to booking.

The traveler may transfer the package travel contract to a person who meets all the conditions applicable to that contract, provided that this is communicated in advance to WAYNABOX, on a durable medium, at least seven calendar days before the start of the package travel arrangement.

The transferor of the contract and the transferee shall be jointly and severally liable for the outstanding amount of the agreed price, as well as for any commission, surcharge or other additional costs arising from the transfer. WAYNABOX shall inform the transferor of the actual costs of the transfer.

WAYNABOX may unilaterally modify the package travel contract, provided that the changes are insignificant. If the change is substantial, the traveler may, within 3 days from communication of this fact, accept the proposed change or terminate the contract without penalty. Once this period has elapsed, it shall be understood that the traveler does not accept the modification made.

At any time prior to the start of the package travel arrangement, the traveler may terminate the contract, in which case WAYNABOX may require payment of a penalty that shall be appropriate and justifiable, given that in most cases the costs of the travel service providers are 100% from the moment they are contracted. WAYNABOX shall provide the traveler, upon request, with justification of the amount of the penalty,

Notwithstanding the provisions of the previous paragraph, where unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity and significantly affect the performance of the package travel arrangement or the carriage of passengers to the destination, the traveler shall have the right to terminate the contract before the start thereof without paying any penalty. In such case, the traveler shall be entitled to a full refund of any payments made, but not to additional compensation.

WAYNABOX may cancel the contract and refund the traveler in full for all payments made by the traveler, but shall not be liable for any additional compensation if it is prevented from performing 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 arrangement.

The traveler does not have a right of withdrawal from the package travel contract, and the provisions of Article 160.5 of Royal Legislative Decree 1/2007 shall apply.

WAYNABOX, as the Organizing Travel Agency, shall be liable to the traveler for the proper performance of the travel services included in the contract according to the obligations corresponding to its scope of management of the package travel arrangement, regardless of whether such services are to be performed by itself or by other providers, while retaining the right of recourse against the business operator to whom the non-performance or improper performance of the contract is attributable.

The traveler may address claims for the non-performance or improper performance of the services making up the package travel arrangement to WAYNABOX, which shall be obliged to provide information on the applicable liability regime, process the claim directly or forward it to the appropriate party depending on the area of management, and to inform the traveler of its progress even where this falls outside its own area of management.

WAYNABOX is obliged to provide appropriate assistance without undue delay to the traveler if he or she is in difficulty in accordance with Article 163.2, without prejudice to the right of WAYNABOX to charge a reasonable fee for such assistance if the difficulty has been caused intentionally or negligently by the traveler. In all cases, it is the traveler’s obligation to communicate any lack of conformity noticed during the performance of the package travel arrangement in accordance with Article 161.2. Likewise, in the event of unavoidable and extraordinary circumstances, if it is impossible to ensure the traveler’s return as agreed in the contract, WAYNABOX shall bear the cost of accommodation for a period not exceeding three nights per traveler, as provided for in Article 161.7.

The traveler shall be entitled to an appropriate price reduction for any period during which there was a lack of conformity, unless WAYNABOX proves that the lack of conformity is attributable to the traveler. The traveler shall be entitled to receive appropriate compensation from WAYNABOX for any damage or loss suffered as a consequence of any lack of conformity. The traveler shall not be entitled to compensation for damages if WAYNABOX proves that the lack of conformity is: a) attributable to the traveler, b) attributable to a third party unconnected with the provision of the contracted services and unforeseeable or unavoidable, or c) due to unavoidable and extraordinary circumstances.

To the extent that international conventions binding on the European Union limit the scope or the conditions of the payment of compensation by providers of travel services included in a package travel arrangement, the same limitations shall apply to WAYNABOX. Accordingly, the compensation to be paid by WAYNABOX (provided that such limitation does not apply to bodily injury or damage caused intentionally or by negligence) shall be limited to three times the total price of the trip.

The name of the guarantor entity in the event of insolvency, and of compliance with the performance of the package travel contract, is OCCIDENTE GCO, S.A.U., with registered address at Calle Méndez Álvaro, 31, 28045 Madrid, telephone 917838383 and email dac@occident.com, the competent authority being the supervisory tourism bodies of the Generalitat de Catalunya. The corresponding certificate is attached for these purposes.

Regardless of the right to assistance at the destination, and the traveler’s obligation to verify at the destination any defective performance / contractual breach, the traveler may submit the corresponding claim in writing to WAYNABOX, which shall reply within a period not exceeding fifteen [IA1.1][IA1.2] days with the decision adopted in this regard.

Regardless of the right to assistance at the destination, and the traveler’s obligation to verify at the destination any defective performance / contractual breach, the traveler may submit the corresponding claim in writing to WAYNABOX, which shall reply within a period not exceeding fifteen days with the decision adopted in this regard.

Any claim shall be handled by WAYNABOX as quickly as possible, carrying out all possible investigations into the incidents reported by the travelers, informing them of the possibility of submitting the corresponding complaint form and / or resorting to the existing out-of-court dispute resolution mechanisms.

Actions arising from the rights recognized in Royal Legislative Decree 1/2007 regarding Package Travel Arrangements shall be subject to a limitation period of two years.

In compliance with the provisions of 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 Organic Law 3/2018 of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD), as well as any regulations that may be applicable, where appropriate, at the time your personal data are collected, WAYNABOX has provided you with the basic information regarding the processing thereof. You may consult the additional and detailed information on Data Protection at https://waynabox.com/es/terminos-y-condiciones. Likewise, we inform you that WAYNABOX is the Data Controller and collects your data for the main purpose of managing your request, based on the application of pre-contractual measures for the performance of a future contract entered into between the parties. You have the right to access, rectify, restrict processing, erase your data and request the portability of your data, as explained in the additional information, by contacting hola@waynabox.com. In any case, you may lodge a complaint with the Spanish Data Protection Agency, especially where you have not obtained satisfaction in the exercise of your rights. The Agency’s address is C/ Jorge Juan 6, 28001, Madrid, and its website is www.agpd.es.

As proof of its agreement, WAYNABOX makes this document available to the consumer at the time the booking is made in Barcelona.

ANNEX I - CERTIFICATE

Pursuant to the provisions of Article 155.2.c) of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other supplementary laws,

WAYNA AERO, S.L. (WAYNABOX), with registered address at Plaça Reial, 18, P. 2, 08002, Barcelona, holder of CIF B98649247, telephone +34 688 862 945 and email hola@waynabox.com,

CERTIFIES

That it has taken out insolvency protection guarantee coverage with OCCIDENTE GCO, S.A.U., which is fully in force, for an amount corresponding to 5% of the annual turnover derived from the marketing or organization of package travel arrangements.

If services are denied due to the insolvency of WAYNABOX, travelers may contact said entity in order to exercise their right to claim directly against the person guaranteeing the contractual liability undertaken or, where applicable, with the competent authority, the Catalan Tourism Agency.

And for all appropriate purposes, this certificate is issued in Barcelona on the date it is sent.

ANNEX II - FORM

Standard information form for package travel contracts

The combination of travel services offered to you is a package travel arrangement within the meaning of the revised text of the General Law for the Protection of Consumers and Users and other supplementary laws, approved by Royal Legislative Decree 1/2007 of 16 November.

Likewise, if you enter into a contract with the company before twenty-four hours have elapsed from receipt of the booking confirmation sent by the wholesaler company, the travel service offered by the retailer and wholesaler shall constitute a package travel arrangement within the meaning of the revised text of the General Law for the Protection of Consumers and Users and other supplementary laws, approved by Royal Legislative Decree 1/2007 of 16 November.

Therefore, you shall enjoy all the rights that apply within the framework of the European Union to package travel arrangements. The organizing / retail company or companies shall be responsible for the proper performance of the package travel arrangement according to the obligations corresponding to their scope of management.

In addition, as required by law, the organizing / retail company or companies are covered by a guarantee to refund payments made by you and, if transport is included in the trip, to ensure your repatriation in the event that they become insolvent.

Main rights under the revised text of the General Law for the Protection of Consumers and Users and other supplementary laws, approved by Royal Legislative Decree 1/2007 of 16 November:

– Travelers will receive all essential information about the package travel arrangement before concluding the package travel contract.

– There will always be at least one business operator responsible for the proper performance of all travel services included in the contract.

– Travelers will be provided with an emergency telephone number or the details of a contact point through which they can contact the organizer and, where applicable, the retailer.

– Travelers may transfer the package travel arrangement to another person, with reasonable notice and, where applicable, subject to payment of additional costs.

– The price of the package travel arrangement may only be increased if specific costs arise or increase (for example, fuel prices) and this is expressly stipulated in the contract, and in no case within the last twenty days prior to the start of the package travel arrangement. If the price increase exceeds eight percent of the price of the package travel arrangement, the traveler may terminate the contract. If the organizer reserves the right to increase the price, the traveler shall be entitled to a price reduction if the relevant costs decrease.

– Travelers may terminate the contract without paying any penalty and obtain a full refund of all payments made if any of the essential elements of the package travel arrangement, other than the price, is significantly changed. If the business operator responsible for the package travel arrangement cancels it before it begins, travelers shall be entitled to a refund of payments made and, where appropriate, compensation.

– In exceptional circumstances, for example if there are serious safety problems at the destination that may affect the package travel arrangement, travelers may terminate the contract before the start of the package travel arrangement without paying any penalty.

– In addition, travelers may terminate the contract at any time before the start of the package travel arrangement by paying an appropriate and justifiable termination fee.

– If, after the start of the package travel arrangement, significant elements thereof cannot be provided, suitable alternative arrangements must be offered to the traveler at no extra cost. Travelers may terminate the contract without paying any penalty in the event of non-performance of the services where this substantially affects the performance of the package travel arrangement and the organizer and, where applicable, the retailer fail to remedy the problem.

– Travelers shall also be entitled to a price reduction and / or compensation for damages in the event of non-performance or improper performance of the travel services.

– The organizer and the retailer must provide assistance to the traveler if the traveler is in difficulty.

– If the organizer or the retailer becomes insolvent, payments will be refunded. In the event that the organizer or, where applicable, the retailer becomes insolvent after the start of the package travel arrangement and if transport is included, repatriation of the travelers shall be ensured. WAYNABOX has taken out insolvency protection guarantee coverage with OCCIDENTE GCO, S.A.U. If services are denied due to the insolvency of WAYNABOX, travelers may contact said entity or, where applicable, the competent authority, the Catalan Tourism Agency.

In the event of any discrepancy, the version available at https://waynabox.com/es/contrato-viaje-combinado shall prevail.