GENERAL TERMS AND CONDITIONS OF SALE
These conditions and terms are a contract between Rakatanga Tour Europe SL (CIF: B37569829, Travel Agency No. CICL.37-116, registered office at C/ Altamira 11, 36002 Pontevedra, Spain) and the person or participant booking a trip (the client) offered on www.rakatanga-tour.com or directly to the client in the case of a private or tailor-made trip.
The fact of booking one of our trips implies full acceptance of all the terms and conditions of this contract.
LEGAL FRAMEWORK
The organisation and marketing of package trips offered by Rakatanga Tour Europe SL are governed by the following regulations:
Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users (arts. 150–169), incorporating Directive (EU) 2015/2302 on package travel.
Decree 12/2019, of 24 January, on the organisation of travel agencies in Galicia, regional regulations directly applicable to this agency as an operator registered in the Autonomous Community of Galicia.
Law 7/2011, of 27 October, on tourism in Galicia.
Decree 42/2001, of 1 February, on the consolidation of regulations on travel agencies, tourist guides and active tourism in Galicia.
Law 34/2002, of 11 July, on information society services and electronic commerce (LSSI-CE).
Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights.
Booking any trip implies full acceptance of these conditions.
1. COMPLAINTS FORMS
Rakatanga Tour Europe SL has complaints forms available to consumers and users. They can be requested by contacting the agency by e-mail or at our registered address: C/ Altamira 11, 36002, Pontevedra, Spain.
2. PRE-CONTRACTUAL INFORMATION (Art. 153 RDL 1/2007)
In accordance with article 153 of Royal Legislative Decree 1/2007, before the traveller is bound by any package travel contract, Rakatanga Tour Europe SL will provide the following information:
Main characteristics of the trip: destinations, itinerary, dates, nights, type and category of accommodation, meals included, visit programme and other services.
Business name, address, telephone and email of the organiser.
Total price of the package trip, including taxes, surcharges and additional costs.
Payment methods: deposit amount and payment schedule.
Minimum number of participants required and deadline to terminate the contract if not reached.
Passport and visa requirements, approximate processing times, and necessary health formalities.
Traveller's right to terminate the contract at any time before the start, subject to payment of a penalty or standardised termination fees.
Information on optional or compulsory insurance (cancellation, assistance, repatriation).
3. INFORMATION AT THE TIME OF CONTRACT FORMALISATION (Art. 155 RDL 1/2007)
At the time of formalising the contract, Rakatanga Tour Europe SL will provide the traveller, on paper or in a durable medium, the relevant travel documents and the following information:
Contact point or locally responsible person details.
Information on internal complaint procedures and alternative dispute resolution mechanisms.
Details of the alternative dispute resolution entity and, where applicable, the online resolution system.
4. TRANSFER OF THE CONTRACT (Art. 157 RDL 1/2007)
The traveller may transfer their booking to another person who meets all the conditions applicable to the contract, notifying Rakatanga Tour at least 7 days before the start of the trip, in a durable medium.
The transferor and the transferee shall be jointly and severally liable for the outstanding balance and any additional costs arising from the transfer. Rakatanga Tour will inform the transferor of the actual cost of the transfer.
5. REGISTRATION AND BOOKING
Your registration will be considered effective once the registration form and your booking are received. This booking must be accompanied by a deposit of €500 per person per trip (€750 for trips to Bhutan and Tibet) if the booking is made more than 40 days before the start of the trip.
For trips to Bhutan and Tibet and private group trips outside the catalogue, full payment must be made 60 days before the trip to obtain the visa and hotel confirmation according to the Bhutan government regulations and the procedure in Tibet.
If the booking is made less than 40 days before departure (60 days for Bhutan, Tibet and private groups), 100% of the trip price must be paid. Booking confirmation will be sent by email or in writing.
All trips must be paid in full 40 days before the start (60 days for Bhutan, Tibet and private groups). Otherwise, Rakatanga Tour reserves the right to cancel the booking and the corresponding termination fees will apply.
For private or tailor-made tours, payments must be made 60 days before the start of the tour.
6. CANCELLATION BY THE CLIENT
6.1 Catalogue trips (standard tours)
In the case of services already booked, paid for and non-refundable by external providers (carriers, guides, airlines, hotels, etc.), each provider's penalties will also apply. Management and cancellation fees according to time remaining until departure are:
More than 40 days before start (60 days for Bhutan and Tibet): 100% refund, deducting €70 per person for bank and management fees, plus non-recoverable expenses from external providers.
Between 30 and 40 days before start (between 45 and 60 days for Bhutan and Tibet): 50% refund of the trip, deducting €70 per person for bank and management fees, plus non-recoverable expenses from external providers.
Less than 30 days before start (less than 45 days for Bhutan and Tibet): No refunds.
No-show: Delay, arrival after the trip start or inability to provide necessary documents (passport, visa, driving licence, etc.). No refunds.
The date of the bank transfer will be taken as the payment date, with the bank receipt being the only admissible proof.
6.2 Private or tailor-made tours
More than 60 days before start: 100% refund, deducting €70 per person for bank and management fees, plus non-recoverable expenses from external providers.
Between 45 and 60 days before start: 50% refund of the trip, deducting €70 per person for bank and management fees, plus non-recoverable expenses from external providers.
Less than 45 days before start: No refunds.
No-show: No refunds.
The date of the bank transfer will be taken as the payment date, with the bank receipt being the only admissible proof.
7. CANCELLATION BY THE ORGANISER (Art. 162 RDL 1/2007)
If Rakatanga Tour cancels the package trip before the start for any reason not attributable to the traveller, the traveller shall be entitled to:
Full refund of all payments made within a maximum of 14 calendar days from cancellation.
Additional compensation, unless the cancellation is due to unavoidable and unforeseeable circumstances (force majeure).
The following non-recoverable expenses, previously communicated to the traveller in the contract, will not be refunded:
Visa issuance fees.
Cost of the travel insurance taken out.
Other already paid and non-recoverable expenses duly accredited (ferries, hotel bookings, agent commissions, etc.).
Financial guarantee for package trips (Art. 16 Decree 42/2001 and Art. 162 RDL 1/2007):
Guarantor entity: AXA Seguros Generales, S.A. de Seguros y Reaseguros
Guarantee number: 86597918
Guaranteed amount: €100,000
8. SPECIAL CONDITIONS — EURASIA BY MOTORBIKE: BARCELONA–KATHMANDU (55 days)
8.1 Booking and payment
The booking will be considered effective once the registration form and a deposit of €500 per person per trip are received.
Payment schedule:
First payment — Deadline 30 October 2026: Rider €6,000 (includes €500 deposit). Passenger €4,000 (includes €500 deposit).
Second and final payment — Deadline 30 January 2027: Payment of the remaining balance.
8.2 Cancellation before the start of the trip — Eurasia
More than 90 days: Total refund deducting €180 management fees plus non-recoverable expenses (visas, flights, ferries, hotels).
Between 90 and 70 days: 60% refund of the trip amount.
Between 69 and 45 days: A fixed amount of €1,000 per rider and €500 per passenger will be refunded.
Less than 45 days: No refund.
No-show: No refunds.
Visa denial: The above cancellation conditions apply. Activation of the "Cancellation without just cause by the consulate" guarantee is recommended.
8.3 Cancellation by the Organiser — Eurasia
In case of cancellation by the Organiser, 100% of the payments made will be refunded, deducting only the following non-recoverable expenses previously communicated to the traveller in the contract:
Visa issuance fees.
Cost of travel insurance.
Various non-recoverable expenses duly accredited (ferries, hotel bookings, agent commissions, etc.).
In cases of force majeure, the Organiser shall not assume any responsibility nor refund any amount beyond those covered by the package travel guarantee.
9. CONDITIONS DURING THE PACKAGE TRIP (Arts. 160–165 RDL 1/2007)
9.1 Significant modifications before the start of the trip (Art. 160)
If before the start of the trip Rakatanga Tour is forced to significantly modify any of the main elements of the contract (price, destination, dates, category of accommodation or other essential services), it will notify the traveller without delay, in a durable medium, indicating:
The proposed modification and its impact on the price.
The reasonable period for the traveller to communicate their decision.
The consequences of not responding within that period.
The alternative trip offered and its price, where applicable.
The traveller may accept the modification or terminate the contract without penalty. If they terminate, Rakatanga Tour will refund all payments within a maximum of 14 calendar days.
9.2 Termination due to extraordinary circumstances before the trip (Art. 160.2)
The traveller may terminate the contract before the start without paying a penalty when, at the destination or its vicinity, unavoidable and unforeseeable circumstances occur that significantly affect the performance of the trip or transport. Rakatanga Tour will refund all payments within a maximum of 14 calendar days, without the traveller being entitled to additional compensation.
9.3 Trip interruption by the traveller (Art. 161)
If the traveller interrupts the trip once started for reasons attributable to them (own decision, illness not covered by insurance, failure to meet country entry requirements, etc.), they shall not be entitled to any refund for services not used.
All costs arising from the interruption shall be borne exclusively by the traveller, including:
Transport of the motorcycle to Barcelona and customs costs, when the traveller uses a bike provided by the Organiser.
Additional unforeseen accommodation.
Airline tickets, extra transfers or other return transport.
Rakatanga Tour strongly recommends taking out travel insurance covering interruption and repatriation expenses.
9.4 Non-execution of services and alternatives (Art. 164)
If during the trip Rakatanga Tour cannot perform a significant part of the contracted services, it shall offer the traveller suitable alternatives at no additional cost, of equivalent or higher quality.
If the alternatives are of lower quality, Rakatanga Tour will grant an appropriate price reduction. If the traveller rejects them for justified reasons or they cannot be offered, Rakatanga Tour will provide return transport to the departure point at no additional cost and refund the price difference between the services planned and those provided.
9.5 Unavoidable and unforeseeable circumstances (force majeure) during the trip (Art. 164.3)
In cases of force majeure (natural disasters, war, strikes, pandemics, border closures or other causes beyond Rakatanga Tour's control), the Organiser shall not be obliged to pay additional compensation beyond the refund of services not provided.
When the contract includes passenger transport and the traveller cannot return to the point of departure because of such circumstances, Rakatanga Tour will bear the cost of necessary accommodation, up to a maximum of three nights per traveller, to facilitate the return.
When a service included in the programme cannot be provided, Rakatanga Tour will make every effort to propose similar services or will proceed to refund the corresponding amount. If the alternative has a higher price, the client will pay the difference.
9.6 Modification of the itinerary
Motorbike trips involve unpredictable factors (weather, road conditions, traffic restrictions, etc.) that may require changes to guarantee the safety and feasibility of the route. The description of the itinerary published on the website is indicative.
Modifications that do not constitute a 'significant change' within the meaning of article 160 of RDL 1/2007 shall not give the right to terminate the contract or claim compensation. Those that do constitute a significant change shall be processed in accordance with the procedure in section 9.1.
10. MODIFICATION OF THE BOOKING BY THE CLIENT
The trip or its dates may be modified more than 30 days before the start, with management fees of €70 per person. Any modification less than 30 days before departure will be considered a cancellation and the penalties in section 6 will apply. Modifications involving external providers may also incur the penalties applied by each provider.
11. PRICES
The price of each trip is that shown on www.rakatanga-tour.com or that provided directly to the client in the case of tailor-made trips. The included and non-included services are specified in the description and detail of each trip.
12. RESPONSIBILITY
Rakatanga Tour cannot replace the individual responsibility of each participant. Each participant must take care of obtaining all necessary documents (identity documents, visas, International Driving Permit, etc.) for the proper execution of their stay in the destination country. As a tour organiser, Rakatanga Tour works with different providers (ground operators, hotels, carriers) who retain their own responsibility and should not be confused with the agency.
13. RISKS
Our trips include outdoor and motorbike activities, which entail certain inherent risks. Each participant consciously assumes these risks and agrees not to hold Rakatanga Tour, its directors, guides or providers responsible for any accidents or incidents that may occur. This clause also applies to the participant's family members.
The client acknowledges, in the case of a motorbike trip, that they are in possession of a national motorbike driving licence and an International Driving Permit valid in the country where the trip is organised, and certifies their authenticity.
Rakatanga Tour reserves the right to modify the itinerary or parts of the programme when special or exceptional circumstances jeopardise the safety of the group.
14. DEPOSIT FOR THE USE OF THE MOTORCYCLE
The deposit for the use of the motorcycle is intended to cover possible minor damage caused to the vehicle. It does not cover all damage or high-value repairs.
The deposit of €500 (€800 in Turkey and Thailand) is made via the Swikly electronic system (www.swikly.com). The amount is blocked during the trip and is automatically released 20 days after the end of the trip if the motorcycle has not suffered any damage nor requested any extra services.
The client's maximum liability in the event of total destruction of the motorcycle by accident is limited to:
Royal Enfield (Nepal, India, Bhutan, Tibet tours): €1,700
CB 500X Thailand: €5,000
Any other destination: €7,000
15. ALTERNATIVE DISPUTE RESOLUTION (ADR / ODR)
In accordance with article 14 of Regulation (EU) No 524/2013 and Law 7/2017 on alternative dispute resolution in consumer matters, Rakatanga Tour Europe SL informs the consumer of the existence of the European Online Dispute Resolution Platform (ODR), which they can use to resolve disputes arising from sales or service contracts concluded online: https://ec.europa.eu/consumers/odr
Likewise, the consumer may go to the Consumer Arbitration Boards of Galicia or to any alternative dispute resolution entity accredited under Law 7/2017.
16. DISPUTES AND JURISDICTION
In the event of a dispute that cannot be resolved by mutual agreement or through the alternative mechanisms in the previous section, Spanish legislation shall apply. The competent jurisdiction shall be that of the courts of the consumer's domicile, as established in article 52 of the Civil Procedure Law and the consumer and user protection regulations, which do not allow imposing a jurisdiction other than the consumer's domicile.
Any non-payment not made within 6 months of the date of sending the invoice will incur management fees of €190.
17. STANDARD INFORMATION FORM FOR PACKAGE TRAVEL CONTRACTS (Annex I RDL 1/2007)
The combination of travel services offered constitutes a package trip within the meaning of Royal Legislative Decree 1/2007. Therefore, the traveller will enjoy all the rights that the European Union grants to package travellers. Rakatanga Tour Europe SL is fully responsible for the proper performance of the package trip as a whole.
Rakatanga Tour Europe SL has protection in place to refund the traveller's payments and, if necessary, to guarantee their repatriation in the event of insolvency.
Essential rights of the traveller under RDL 1/2007:
Travellers will receive all essential information about the package trip before concluding the contract.
There will always be at least one entrepreneur responsible for the proper performance of all travel services included in the contract.
Travellers will be provided with an emergency telephone number or contact point details where they can reach the organiser.
Travellers may transfer the package trip to another person, with reasonable notice and, where applicable, subject to payment of additional costs.
The price of the package trip may only be increased if specific costs arise (for example, in fuel prices) and if expressly stipulated in the contract; in no case after the 20 days prior to the start of the package trip.
Travellers may terminate the contract without paying any penalty and obtain a full refund of payments made if any of the essential elements of the package trip other than the price are significantly modified.
In the event of insolvency, payments made will be refunded. If insolvency occurs after the start of the package trip and it includes transport, the repatriation of travellers will be guaranteed. Rakatanga Tour Europe SL has taken out insolvency protection with AXA Seguros Generales (guarantee No. 86597918). Travellers may contact this entity if services are denied due to Rakatanga Tour Europe SL's insolvency.