General Terms and Conditions of Contract for Luxury Tourist Trains (RENFE)
The present document establishes the conditions governing the contracting of trips primarily for tourist purposes on the Luxury Tourist Trains operated by RENFE Viajeros SA within national territory. These conditions apply to the tourist trains Al Ándalus, El Transcantabrico Grand Luxury, Costa Verde Express (El Transcantabrico Clásico), and El Expreso de la Robla.
I. SERVICES OFFERED
RENFE Viajeros will make available to CUSTOMERS a catalog of tourist products based on the typology and route of its Tourist Trains throughout the year.
The CUSTOMER may request the hiring of these tourist products available at any given time, according to 2 modalities:
a) Regular Trip: the train journey and other offered services are carried out within the regular season of services of the chosen Tourist Train.
b) Charter Trip: these services are either carried out outside the regular season of services of the selected Tourist Train or during the regular season by contracting the exclusivity of the train.
APPROACHES:
Approaches by conventional train (AVE, ALVIA, or Long Distance) will be provided, always at the request of the CUSTOMER, to the starting point of the Tourist Train journey as well as the return from the final destination town, provided that the movements are direct between stations, carried out within the limits of the national railway network, on consecutive dates, and with a maximum difference of 48 hours between connections if these are unavoidable. Renfe will offer a 50% discount on the general fare (flexible) for reservations on El Transcantabrico and Tren Al Ándalus by providing promotional codes (one code for every 2 people), applicable for both ticket office sales and through www.renfe.com.
ONBOARD ACCOMMODATION:
The maximum capacity of the rooms and the onboard accommodation conditions shall adhere to what is expressly established in the catalogs, the website, and all those media and communications issued for this purpose by RENFE Viajeros.
If a traveler, on their own and under their responsibility, wishes to carry out an activity or modify a schedule outside the daily travel program, they must inform the train’s Expedition Manager beforehand. Activities that may alter the program of the rest of the group or impede the crew’s work are not allowed.
No type of animal is allowed on board the Tourist Trains, except guide dogs. RENFE Viajeros does not have spaces equipped for their transport in cages.
All Luxury Tourist Trains, although refurbished and equipped with the latest technologies, are historic and period trains, so their interior is not adapted, and the circulation of wheelchairs or walkers is not possible. For persons with reduced mobility, please consult before making the reservation.
II. PAYMENTS
The CUSTOMER must pay, as “registration fee and reservation guarantee,” once the “RESERVATION CONFIRMATION” is received, 40% of the total amount established for the reserved tourist product, within FOUR (4) natural days if residing in Spain or within SEVEN (7) natural days if residing abroad.
The remaining 60% to complete the total payment must be paid, at least, thirty (30) days before the start date of the trip. For Charter Trips (consult).
Failure to pay the resulting amounts in these sections within the established deadlines will constitute a contractual breach by the CUSTOMER, authorizing RENFE Viajeros to request the resolution of the contracted trip and to request compensation based on the penalties provided for cancellation in section V of this document.
PRICES
The prices of each tourist product, in their travel modalities, expressed in Euros, include everything that is expressly indicated on the website, catalogs, and all media and communications issued for this purpose by RENFE Viajeros.
III. CANCELLATION AND CHANGES BY THE CUSTOMER
1. CANCELLATIONS
The CUSTOMER may cancel the requested services at any time by communicating in writing their withdrawal from the contracted trip, and they will be entitled to a refund of the amounts paid, except for 15% of the total amount of the reservation (always based on the current public selling price, without discounts), which must be paid to the company as compensation.
The percentage to be applied, always based on the current public selling price, to determine the amount to be paid as compensation, will increase depending on the cancellation date relative to the trip start date, as follows:
- Cancellation between 30 and 15 days: 25%
- Cancellation between 14 and 5 days: 50%
- Cancellation between 4 and 1 day: 80%
- Cancellation less than 24 hours or no-show on the day of the trip start: 100%
When a CUSTOMER cancels their trip after having paid the amounts as “registration fee/reservation guarantee,” before proceeding with the refund of such amounts, RENFE Viajeros will be authorized to deduct the compensations established in section III.1. In cases where the CUSTOMER has not expressly communicated their withdrawal and has not met, within the established period, the payment of the amounts due, RENFE Viajeros will be entitled to apply and demand from the CUSTOMER the compensation amounts based on the percentages established in section III.1., which must be paid within a maximum period of THIRTY (30) days from the date of the requirement that RENFE will make for the appropriate purposes.
2. CHANGES
All changes must be communicated in writing.
a) Changes in the travel date: The percentage to be applied, always based on the current public selling price, to determine the amounts to be paid as compensation, will increase depending on the date of communication of the change relative to the trip start date, as follows:
- Changes communicated more than 120 days in advance are allowed.
- Communicated between 120 and 31 days in advance: 15% compensation.
- No changes in the travel date are allowed less than 31 days before the departure date of the trip.
b) Changes in passenger identity:
- Changes in the identity of one of the two passengers traveling in a double room are allowed up to 5 days before the departure date of the trip.
- No changes in the identity of both passengers traveling in a double room or the passenger traveling in a single room are allowed. Such changes will be considered cancellations.
IV. ALTERATIONS
1. BEFORE THE START OF THE TRIP
If RENFE Viajeros is compelled to modify any essential element of the contracted Trip, it will be immediately communicated to the CUSTOMER. Upon receiving the communication, the CUSTOMER will have the option to terminate the contract and receive a full refund of the amounts paid, or accept the modification, which will become part of the binding contractual conditions between the parties.
For these purposes, the following are not considered modifications of essential elements: changing one visit for another of comparable characteristics; altering schedules or the chronological order of visits; changing the location of meal or lodging places within the travel itinerary; substituting the means of transportation for a specific journey; varying shows and performances.
If for technical or organizational reasons RENFE Viajeros is compelled to suspend the trip, it will be obliged to offer the traveler a new date or a refund of the amount paid.
2. AFTER THE START OF THE TRIP
Itineraries may be subject to modifications due to circumstances beyond the Organizer’s control or different issues that may arise from abnormal management of the capacity of the network on which the Tourist Trains operate. In these cases, the Organizer will implement appropriate solutions for the continuation of the organized trip, without any additional charge for the customer, and communicate them accordingly.
If the CUSTOMER continues the journey with the solutions provided by the Organizer, it will be considered that they tacitly accept these proposals.
V. RESPONSIBILITIES
RENFE Viajeros will be responsible to the CUSTOMER based on the obligations corresponding to its management scope of the trip, for the proper fulfillment of the obligations arising from the contract, regardless of whether these obligations must be carried out by RENFE Viajeros itself or other service providers, and without prejudice to RENFE Viajeros’ right to take action against such service providers.
RENFE Viajeros’ liability will cease, as a result of non-performance or defective performance of the contract, when any of the following circumstances occur:
The defects are attributable to the CUSTOMER.
They are attributable to a third party, not involved in the provision of the services provided for in the contract, and are of an unforeseeable or insurmountable nature.
They are due to Force Majeure.
The damages are due to an event that RENFE Viajeros, despite having exercised all necessary diligence, could not foresee or overcome.
The compensation for damages, if any, for non-performance or improper performance of the services, will be limited to what is provided in the current national regulations.
RENFE Viajeros will not be liable to third parties for breaches of the CUSTOMER’s obligations, except as expressly indicated in the applicable regulations in the case.
Luxury Tourist Trains only have the Compulsory Passenger Insurance (SOV). It is recommended that the CUSTOMER take out private travel insurance covering possible cancellation expenses, accidents outside the train, illness, or similar through their travel agency or insurer.
VI. EXCLUSION OF PASSENGERS
In accordance with Article 90 of the Railway Sector Regulation, approved by Royal Decree 2387/2004:
- The railway company is empowered to exclude passengers from its transport vehicles who, through their conduct, disrupt order within them or endanger the safety of transport. Access to transport vehicles and boarding or waiting rooms may also be denied to those who do not undergo the security checks established for passenger access to vehicles.
- Without prejudice to the sanctions that may correspond for the offenses committed, excluded passengers will not be entitled to a refund of the price paid for the transport ticket.
Additionally, Regulation 1371/2007 of the European Parliament and of the Council on the Rights and Obligations of Railway Passengers, in its Article 9 Right to transport. Exclusion from transport, in section 2 provides the following: 9.2 The general conditions of transport may provide for the exclusion from transport or the possibility of exclusion from transport during the journey of passengers who:
a) pose a danger to the safety and proper functioning of the operation or to the safety of other passengers;
b) cause intolerable inconvenience to other passengers, and such individuals shall not be entitled to a refund of either the transport fare or the fare paid for the transport of their luggage.
VII. PERSONAL DATA
In the event that, as a result of compliance with this contract, the parties need to exchange personal data, they undertake to comply with all obligations legally required of them under Organic Law 15/1999 of December 13, on the Protection of Personal Data and its implementing regulations, especially Royal Decree 1720/2007, indemnifying the other party at all times from any claims, penalties, and other consequences that may arise as a result of non-compliance with said provisions.
Each party will take all necessary security measures to ensure the security and integrity of such data accessed or provided to it in compliance with the provisions of this contract, in accordance with current regulations.
VIII. LANGUAGE, ENTIRE AGREEMENT, APPLICABLE LAW, AND JURISDICTION
In the event of any controversy regarding the drafting of documents related to the hiring of Tourist Train services, and derived from the translation of the same into another language, the Spanish version shall prevail.
These Conditions, together with the catalogs, estimates, and other material generated for the hiring of Tourist Train products by the CUSTOMER, represent a complete and binding agreement between the parties.
The hiring of tourist products will be governed by the Conditions established in this document and, subsidiarily (and always when not provided for or in contradiction with the above), by the specific prescriptions contained in the catalogs, estimates, and other material generated between the parties for the hiring of trips. In the absence of express agreement, Spanish law shall apply.
In cases of doubts or differences arising from the application or interpretation of the hiring Conditions, efforts will be made to resolve them by mutual agreement between the Parties.
Should such agreement not be reached in the dispute negotiations, both parties agree to submit it to the knowledge of the competent Courts and Tribunals of Madrid Capital, with the parties expressly waiving any other jurisdictions that might correspond to them.
We recommend purchasing travel insurance that covers Cancellation Expenses; we can provide advice.