Terms and Conditions
We are Kineticca Sports Travel SL. References to “We”, “us” and “our” in these booking conditions means Kineticca Sports Travel SL based in Arimon 12, Barcelona (Spain), with VAT Number B75403287.
These booking conditions along with any other written information we brought to your attention before we confirmed your booking form the basis of your contract with us for the travel arrangements detailed on www.Kineticca.com and making up your booking (‘your arrangements’). Please read them carefully as they set out our respective rights and obligations. By making a booking, you agree to be bound by all of them. If you are booking for another person you agree to inform that person(s) about the Terms & Conditions that apply to the travel reservations and bookings you have made on their behalf, including all rules and restrictions applicable.
You must be 18 years old at the time of booking and possess the legal capacity and authority to act and travel as the lead name on the booking. We will only deal with the lead name on the booking in all correspondence.
Special Note: We endeavour to ensure the accuracy of all the information and prices on our website and in our advertising material. However, occasionally changes and errors do arise and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the arrangements that you wish to book before your booking is confirmed.
In these terms, a ‘package’ means the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package.
Validity
The Terms and Conditions of Use detailed below apply for reservations made from October 24th 2024 onwards.
Our agreement
An online booking process must be followed in order to book your holiday. In some cases, where you contact our call centre, we will complete this process on your behalf. By submitting (or agreeing that we may submit on your behalf) the booking via our website, that person accepts these terms on behalf of all persons named on the booking. A binding agreement for your arrangements will come into existence between you and us when we issue a confirmation. Please check all your booking details, including your personal information, before submitting your booking for confirmation. If you are booking through our call centre, please ensure that you provide all the correct information, and check the confirmation (or any other document issued) immediately on receipt. It may not be possible to make changes to your arrangements later so you should review the information before finishing your purchase and in case you need a later change consider that section “Changes” of these Terms and Conditions will apply. You can also access your booking details in your “My Account”.
The suppliers delivering the services in your arrangements work in accordance with their own terms and conditions which will also form part of your agreement with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions.
Travel is personal and each individual’s goals and experiences may differ. We will not be bound by, or liable for, any description, photograph, representation or warranty made by or provided by any independent third party sales representative, travel agent, or other person or entity relating to any holiday/vacation offered by Kineticca.
Payment
You must make payment for your arrangements in accordance with the instructions we give you. Generally speaking, in order to reserve your place, a deposit of 50% must be paid at the time of booking. The full balance must also be received 30 days or before departure. In case of bookings made 30 days or less before departure must be paid for in full at the time of booking. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation fees set out in the section “Cancellation Policy” will apply.
If you are paying by credit card you agree that in the event of cancellation you will be bound by the cancellation policies contained herein, and will waive your right to a chargeback, except in the case of fraud. If you do request a chargeback that we then have to dispute, you will be liable for all of our costs, including attorneys’ fees.
Insurance
We recommend that all persons on the booking purchase comprehensive travel insurance. Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. We cannot be held responsible for denied entry if a guest is unable to provide details to authorities of insurance or denial of entry for any reason. Please note that insurance companies usually limit the time between booking and/or departure date and the issuance of the policy and therefore we recommend purchasing the insurance immediately after receiving the confirmation of the booking from us.
Travel insurance is important and you should take it out as soon as possible.
Special Request
Special requests relating to your arrangements must be advised to us at the time of booking and confirmed to us in writing. Whilst we will try to meet or arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. Special requests that have been noted on your confirmation or any other documentation do not amount to a promise to meet that request. A failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.
Disabilities and medical problems
If you or any member of your party has any medical problem or disability which may affect your chosen arrangements, please provide us with full details before we confirm your booking so that we can try to advise you as to their suitability for you. Acting reasonably, if we are unable to properly accommodate your needs, we will not confirm your booking or if you did not give us full details at the time of booking, we will treat it as cancelled by you when we become aware of these details.
The price you pay
The price of your chosen arrangements is calculated based on the services and dates you select, and will depend on the number of persons included in the booking. It is your responsibility to review the sections of your enquiry titled “the price includes” and “price does not include” before completing the booking process.
In some countries, hotels or other travel services may require payment of a fee or tourist tax locally. Please enquire for further details.
Please note that we reserve the right to amend the price of unsold holiday arrangements at any time and correct errors in the prices of confirmed holidays.
Cancellation Policy
A partial cancellation of a booking is not allowed. In case the customer (s) wants to cancel the booking the cancellation policy of this section will apply. In this sense, Kineticca incurs in several non-refundable costs before the cancellation is made and therefore the penalties are just proportional to these non-recoverable expenses. In case of cancellation, Kineticca is entitled to claim for the applicable penalty and in any case, for the expenses/costs incurred.
All products/services added to the trip and purchased after the reservation date cannot be canceled with less than THIRTY (30) days before the trip. Any cancellation of the products/services added to the trip with less than THIRTY (30) days before the departure date will have a penalty of ONE HUNDRED PERCENT (100%) of the amount of the canceled added service.
8.1 Cancellation by Kineticca
Kineticca reserves the right to:
- modify any non-essential aspect of the trip
- cancel or modify the trip or any routes within the trip or objectives set out in the itinerary
In the event of any non-essential change , modification, cancellation, postponement or delay under this condition, you acknowledge that you will have right of cash refund of the trip price (whether in whole or in part) and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation postponement or delay.
Special note on the situation of COVID-19.
In the event that the destination country of the trip requires the presentation of a PCR test or any other necessary requirement for the trip, the costs related to it will be borne by the client, as well as the responsibility of doing it within the time required by the destination of the trip. In the event that the client, once the trip has started, presents any symptoms related to COVID and that results in a modification of the contracted services, (e.g. overnight stay, hotel or flight changes), the extra costs will be borne by the clients and the same must subsequently be claimed from their insurer.
Cancellation coverage
9.1. Optional coverage for unforeseen events prior to the trip
To contract the coverage described below, the customer must pay an added non-refundable fee to the price of the trip that will be defined in the purchase process and that will vary depending on the trip. Likewise, said coverage will be unique, linked to the trip with which it is contracted and non-refundable.
Flex Coverage
In case of contracting the “Flex” coverage, the client will enjoy the following coverage:
Flexible cancellation. The client may cancel their trip up to THIRTY (30) days before its start date. With this policy, the client can obtain a refund of the amounts paid in travel credit. After the aforementioned period, cancellations will entail the application of the provisions of the Cancellation Policy section and the payment of the amounts described therein.
The Kineticca travel credit is a non-refundable virtual voucher or coupon that can be used on any trip published on our website and at the time the Client wishes (the Kineticca travel credit does not expire). If the amount of the trip is less than the available credit, the difference will remain available in the User’s “Kineticca Wallet”, ready to be used for another trip. If the amount of the trip is greater than the available credit, the difference must be paid by the Client following the payment conditions defined in the “Payments” section.
In the event that the Client decides to reject the use of the Kineticca travel credit as a return method, they may opt for a cash refund. The cash refund implies the application of the penalty of 50% of the amount of the trip in accordance with the “cancellation by the client” policy.
If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation fees set out in the section “Cancellation Policy” and penalties will apply.
Flex + Coverage (“Flex Plus”)
In case of contracting the “Flex plus” coverage, the client will enjoy the following coverage:
Flexible cancellation with a refund option. The client may cancel their trip up to THIRTY (30) days before its start date. After the aforementioned period, cancellations will entail the application of the provisions of the Cancellation Policy section and the payment of the amounts described therein.
In case of cancellation, the client may cancel for any reason up to THIRTY (30) days before the start date of the trip. With this policy, the client can obtain a refund of the amounts paid in travel credit or cash, as desired. Once the aforementioned period has elapsed, cancellations will entail the application of the provisions of the Cancellation Policy and the payment of the amounts described therein.
The price of “Flex” and “Flex plus” coverages as well as handling fees will not be refundable. Only one cancellation is allowed with each purchase of a protection plan. These coverages can only be purchased up to SIXTY (60) days pre departure.
If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation fees set out in the section “Cancellation Policy” and penalties will apply.
Other Cancellation by Kineticca
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by Force Majeure i.e. any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concern’s control.
We consider a pandemic like COVID-19 a force majeure event. However, due to the fact that COVID-19 has been of an unparalleled impact for the travel industry, both businesses and travelers, Kineticca has defined a series of special conditions to facilitate the recovery of our activity. These special conditions have been described in detail in the previous section.
For group travels, Kineticca designs specific arrangements in destination considering a certain quantity of passengers therefore in some cases if the minimum number is not reached we reserve the right to cancel your booking and addresses as a “major change” with the conditions mentioned in the chapter “Changes”.
Changes
10.1 Changes by the Customer
If you wish to make any changes to your arrangements after they have been confirmed you must inform us in writing using the “Contact Us” form on this website as soon as possible.
Your notice requesting a change will only take effect when it is received in writing, and if it is received outside our Customer Service operating hours, it will only be effective from the next working day (see our Customer Service operating hours in the section “Contact” of this website). In the event that we are unable to assist with making a requested change, and you do not wish to proceed with the original booking we will treat this as a cancellation by you and the conditions mentioned in the Cancellation Policy will apply based on the anticipation to the departure date by you’ will apply based on the anticipation to the departure date.
We can’t guarantee that changes can be met, although we will do our best to assist. In the event we can meet your requested change, you shall pay any applicable rate changes or extra costs incurred by KINETICCA and any costs or charges incurred or imposed by any of our suppliers.
Certain arrangements, in particular sums paid for flights, may not be amended after they have been confirmed and any alteration or cancellation could incur a charge of up to 100% of that part of the arrangements in addition to the charges above.
10.2 Changes by Kineticca
Because we plan your arrangements many months in advance, in some circumstances we must reserve the right to make changes to them and cancel them.
Most changes will be minor, and while we will do our best to notify them to you as soon as reasonably possible before your departure, we will have no other liability to you in respect of them.
Examples of “minor changes” made before departure include the following:
A change of overall length of your arrangements of twelve hours or less.
A change of accommodation to another of the same standard or classification.
Occasionally we may have to make a major change to your confirmed arrangements. Examples of “major changes” made before departure include the following:
A change of accommodation area for the whole or a significant part of your time away.
A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
A change of overall length of your arrangements of twelve hours or more.
A significant change to your itinerary, missing out one or more destinations entirely.
The entire cancellation of the trip due to the unreaching of the minimum quota for the group (this only applies for group travelling).
If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
Accepting the changed arrangements
Having a refund of all amounts paid with a Travel Credit
Accepting an offer of alternative arrangements of comparable standard from us, if available (we will refund with a Travel Credit any price difference if the alternative is of a lower value, the same way you will incur in extra costs if the alternative is of a higher value).
You must notify us of your choice within 3 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative arrangements.
We will not offer you compensation and the above options will not be available where:
We make a minor change
We cancel as a result of your failure to make payment in accordance with these terms
Where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
If we become unable to provide a significant proportion of your arrangements after you have departed, we will make alternative arrangements for you but if it is impossible to do so, or you choose not to accept them for good reasons, we will, where appropriate, provide you with equivalent transport back to your place of departure or another place we both agree. If your arrangements are a package, and if appropriate in all the circumstances, we will also pay you reasonable compensation with the exception of changes or cancellations are caused by “force majeure” (please see the forthcoming section for more details), we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result. The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.
Complaints
If you experience a problem during your holiday, please immediately inform the relevant supplier so that they can take steps to put things right. You can also reach us using the “Contact Us” form on our website, or through our Emergency line that will be communicated to you before travelling.
If your complaint remains unresolved and you wish to complain further, please send formal written notice of your complaint to us within 28 days of the end of your arrangements, giving your booking reference and all other relevant information. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint and could affect your rights under our agreement.
In the event of Kineticca failing to provide contracted services, or if they are provided incorrectly, the consumer is required to make a written complaint within 30 days from the end of the trip in question.
Your behavior
If in our opinion or in the opinion of any person in authority, your behavior is causing or is likely to cause distress, danger, damage or annoyance to any third party or property, or to cause a delay or diversion to transportation, we reserve the right to terminate your arrangements immediately. In the event of such termination our responsibilities to you will cease and you will be required to leave your accommodation or other service immediately. We will have no further obligations to you and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for loss and/or damage caused by your actions directly to the applicable supplier prior to departure from the service. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us as a result.
Our Responsibilities
We accept responsibility as an “organizer” under the Package Travel, Package Holidays and Package Tours Regulations 2018. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you as set out on your confirmation, we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
The act(s) and/or omission(s) of the person(s) affected;
the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
We may however provide you with reasonable assistance in the event you experience difficulty arising out of these circumstances if your arrangements amount to a package.
We will not be responsible or pay you compensation:
For services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you; or
for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.
Luggage and other personal belongings are transported at your own risk so should be supervised at all times. For air, rail, sea or river transport the conditions set by transportation companies will apply, being the applicable passenger ticket document issued. In the event of harm, late delivery or loss, you shall report this immediately to the air carrier.
Any compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):
whether or not you have followed the complaints procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions;
the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements;
when making any payment, we are entitled to deduct any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question.
Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
Jurisdiction and applicable law
These Booking Conditions and any agreement to which they apply are governed in all respects by Spanish law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of Spain.
Financial security for packages
We are required to provide security for the monies that consumers pay for certain types and combinations of travel arrangements booked with them and for consumers’ repatriation in the event of their insolvency.
Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting.
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are traveling.
Special note on COVID-19 situation
Should a PCR or any travel requirements necessary to enter the destination of a purchased trip, the arrangements within the required timescale and related costs will be entirely the customer’s responsibility. Once the trip has begun, should the client present any symptoms related to COVID, resulting in the modification of the contracted services, (e.g. night’s stay, changes of hotel or flights) any additional expenses will be the customers responsibility and must subsequently be claimed from their insurance company.