Terms & Conditions of Use and Contracting

1. General Information

These General Terms and Conditions of Use and Contracting (hereinafter, the "Terms of Use" or "GTC") define the general rules for use and contracting applicable to the services and tour packages marketed by "SOUL OF ASIA TRAVELS, S.L." through its website and other electronic means, including but not limited to social media, email, or telephone. These rules apply to the contractual relationship between:

The user of the website or any person interested in booking any of the offered tour packages (hereinafter, the “User” or “Traveler”, interchangeably); and

"SOUL OF ASIA TRAVELS, S.L." (hereinafter, the "Company" or “SOUL OF ASIA”, interchangeably), a Spanish commercial company with tax identification number (NIF) B-21892732 and registered office at Camino Moncada 96, 4º, 20, 46025 Valencia, registered in the Commercial Registry of Valencia and listed as a travel agency under number CV-ACV002655-V in the Travel Agencies Registry of the Valencian Community, with email eutravellers@soulofasiatravels.com, and owner of the website www.soulofasiatravel.com (hereinafter, the "Website" or “SOA”, interchangeably).

Access, browsing, and booking through this website implies full acceptance of these Terms by the User or Traveler.

2. Purpose and Scope of Application

Through this website, SOUL OF ASIA provides information about its tour packages and combined trips, as well as contact methods for personalized booking.

These Terms apply to both the use of the website and the contracting of tourist services, and have been prepared in accordance with:

Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users ("LGDCU").
Law 34/2002, of July 11, on Information Society Services and Electronic Commerce ("LSSI").

3. Pre-contractual Information

Before contracting any combined trip, SOUL OF ASIA shall provide the Traveler with a summary of all relevant information regarding the tour package of interest, pursuant to Article 153 of the LGDCU. This information shall be binding for both parties and will form an integral part of the final contract, unless expressly modified by mutual agreement.

This summary shall include, among other details:

Destination and means of transportation.
Accommodations and meal plans.
Planned itinerary.
Total price, including taxes.
Payment terms: deposit amount and deadline for the remaining balance.
Visa, health, and documentation requirements.
Possibility and conditions for contract transfer.
Contract cancellation terms.
Information about travel insurance or cancellation coverage, where applicable.

4. Booking and Payment

The contract is formalized once the Traveler signs the agreement provided electronically and pays the booking deposit into the account designated for this purpose.

The deposit amount corresponds to a percentage of the total trip price, which varies based on the timing of the reservation. SOUL OF ASIA differentiates between long-term and short-term bookings:

Long-term bookings: The Traveler must pay 30% of the total trip price at the time of signing the contract, with the remaining 70% due at least fifteen (15) days prior to departure (outbound flight date).
Short-term bookings: The Traveler must pay 50% of the total trip price upon contract signing, and the remaining 50% no later than seven (7) days before the scheduled departure.

Failure to pay the balance within the specified deadlines will be deemed a cancellation, and the terms set out in Section 6 on trip cancellation will apply.

5. Modifications and Substantial Changes to the Trip

In accordance with Articles 157 to 159 of Royal Legislative Decree 1/2007, SOUL OF ASIA reserves the right to introduce changes to the contracted services before the start of the trip, provided they are non-substantial and permitted by the contract. In all cases, the traveler will be informed clearly, understandably, and prominently on a durable medium.

5.1. Substantial Changes Before Departure

If, before the trip begins, SOUL OF ASIA is required to substantially modify any of the main features of the travel services (such as destination, itinerary, accommodation, travel dates, transportation, meal plan, or other essential elements), or if it cannot meet special conditions previously accepted by the traveler, this will be communicated without undue delay, along with:

A clear description of the proposed changes and their impact on the price.
A reasonable deadline for the traveler to inform of their decision.
The option to terminate the contract without penalty.
Where available, the offer of an equivalent or higher quality substitute package.

5.2. Traveler Options in the Event of a Substantial Modification

In the event of a substantial modification, the Traveler may choose to:

Accept the proposed change.
Terminate the contract without penalty and receive a full refund within a maximum of fourteen (14) calendar days.
Accept a substitute travel package, if offered, and be informed of any price difference (refundable or chargeable as applicable).

If the Traveler does not respond within the established timeframe, it will be understood that they accept the proposed changes.

5.3. Price Revision

SOUL OF ASIA may only increase the price of the combined trip if expressly stated in the contract and the exact reasons are notified, in accordance with Article 158 of Royal Legislative Decree 1/2007. Specifically, the price may only be revised due to:

Variations in transportation costs (e.g., flights or trains, including fuel prices);
Changes in applicable taxes and fees (e.g., landing fees, boarding taxes, tourist taxes);
Significant fluctuations in currency exchange rates relevant to the trip.

Any price increase must be communicated at least twenty (20) calendar days before the start of the trip and may not exceed 8% of the total price. Otherwise, it will be considered a substantial modification subject to the provisions above.

If the price revision involves a reduction, the Traveler will be entitled to a proportional refund, subject to any justified administrative costs disclosed transparently.

6. Withdrawal and Trip Cancellation

6.1. Withdrawal by the Traveler

The Traveler may cancel the trip at any time before departure, by providing written notice via the following email: eutravellers@soulofasiatravels.com. The withdrawal shall be considered effective on the date the written notice is received.

The Traveler will be entitled to a refund of the booking deposit only if the withdrawal occurs before the deadline for payment of the remaining trip balance ("Final Confirmation Date"), as determined by the type of booking (see Section 4 above).

If the cancellation occurs after the Final Confirmation Date, the Traveler will lose the right to a refund of the deposit and any additional amounts paid, depending on the timing of the cancellation. Failure to pay the remaining balance by the Final Confirmation Date will result in immediate contract termination and loss of the deposit.

For cancellations after the Final Confirmation Date, SOUL OF ASIA distinguishes the following cases:

Long-term bookings:
- If canceled at least 7 days before the trip, the Traveler is entitled to a 20% refund of the total amount paid up to that point, forfeiting the remaining 80%.
- If canceled less than 7 days before the trip, the Traveler forfeits the full amount and must pay 100% of the trip price.
Short-term bookings:
- If canceled at least 5 days before the trip, the Traveler is entitled to a 20% refund of the total amount paid.
- If canceled within the 5 days prior to departure, the Traveler forfeits all amounts paid and must cover 100% of the trip price.

Cancellations before the Final Confirmation Date will incur a penalty based on the total trip price, as follows:

More than 30 days in advance: 5%
Between 30 and 15 days: 10%
Between 15 and 10 days: 20%

This is without prejudice to any additional management costs incurred by SOUL OF ASIA, which will also be deducted from the final refund.

6.2. Termination by the Traveler Without Penalty

The Traveler may terminate the contract without penalty and with full refund of all payments made if:

SOUL OF ASIA is forced to make a substantial change to a key element of the trip (per Section 5), and the Traveler does not accept the proposed change.
Unavoidable and extraordinary circumstances arise at the destination or nearby, significantly affecting the execution of the trip or passenger transportation.

In these cases, the Traveler is not entitled to compensation.

6.3. Termination by SOUL OF ASIA

SOUL OF ASIA may cancel the trip before its start without liability or compensation to the Traveler if:

Unavoidable and extraordinary circumstances prevent execution of the trip (e.g., war, disaster, pandemic, official restrictions).
The minimum number of participants required is not reached, as stated in the contract, and the Traveler is informed within the legal timeframe:
- At least 7 days for trips of 2 to 6 days.
- At least 48 hours for trips shorter than 2 days.
At least 20 days in advance for trips longer than 6 days.

In these cases, the Traveler is entitled to a full refund, but no additional compensation.

7. Booking Transfer

According to Article 157 of Royal Legislative Decree 1/2007, the Traveler may transfer their booking to another person who meets the requirements to participate in the trip, provided the following conditions are met:

7.1. Notification of Transfer

The transfer must be notified in writing to SOUL OF ASIA at least seven (7) calendar days before the trip start date, via the following email address.

The notification must include the transferee's personal details (full name, ID or passport, contact information) and a formal statement confirming their acceptance of the contract and compliance with the travel requirements (e.g., visa, vaccinations, physical conditions).

7.2. Transferee Requirements

The transferee must meet all general and specific conditions required for the trip, including administrative procedures, valid documentation, required insurance, and any other applicable condition.

The contract will be fully transferred, and the transferee will assume the same rights and obligations as the original Traveler.

7.3. Associated Costs

The transfer may incur reasonable and justified costs, such as ticket reissuing, hotel reservation changes, or penalties from service providers.

These costs depend on the terms of the transportation, accommodation, or other service providers and will be communicated in advance for approval. If not accepted, the cancellation terms in Section 6 will apply.

7.4. Joint Liability

Both the original Traveler and the transferee will be jointly liable to SOUL OF ASIA for payment of the full trip price and any additional costs resulting from the transfer.

8. Surety Insurance

SOUL OF ASIA holds a surety insurance policy with Markel, policy number 025S00372CAV, which guarantees coverage for potential refunds in the event of insolvency or, if necessary, the Traveler’s repatriation, in accordance with Article 167 of the LGDCU.

9. Liability

As the retailer and marketer of the combined trip, SOUL OF ASIA is responsible to the Traveler for the proper performance of all travel services included in the contract, whether these are provided directly or by third parties (e.g., destination operators).

When the trip is co-organized with a partner company in the destination country, that company will be considered a tour operator under Article 151.1 of Royal Legislative Decree 1/2007. In such cases, both the organizer and SOUL OF ASIA shall be jointly liable to the Traveler, as provided by Article 161.1.

9.2. Correction and Alternative Performance

If any service is not delivered as agreed, the Traveler must promptly inform SOUL OF ASIA or its local representative to allow resolution within a reasonable time.

If the issue is not corrected, the Traveler may seek alternative arrangements and request reimbursement for necessary expenses under legal terms.

If an essential service is not delivered and this significantly affects the trip, the Traveler is entitled to:

Equivalent alternative services at no extra cost.
Or terminate the contract without penalty and request a price reduction, if applicable.

9.3. Compensation for Damages

The Traveler may request a price reduction and/or compensation for any damages suffered due to service failure, except when:

The failure is attributable to the Traveler.
The failure is due to a third party unrelated to the travel services.
The failure arises from force majeure or extraordinary circumstances.

9.4. Joint Liability

If another entity is involved in organizing the trip (e.g., a local agency), the Traveler may file claims against either SOUL OF ASIA or the organizer under the legal joint liability framework.

SOUL OF ASIA will provide the Traveler with the foreign organizer's details if applicable (commercial name, address, contact information).

9.5. Traveler Assistance During the Trip

According to Article 163 of Royal Legislative Decree 1/2007, SOUL OF ASIA commits to providing prompt and appropriate assistance to Travelers in difficulty during the trip, particularly in the event of extraordinary circumstances.

This assistance includes:

Useful information about health services, local authorities, or consular support.
Help with remote communications.
Reasonable solutions to continue the trip.

If the Traveler is at fault (intentionally or through negligence), SOUL OF ASIA may charge the actual cost of the assistance, never exceeding the real expenses incurred.

10. Traveler Rights

Travelers who book a combined trip with SOUL OF ASIA are entitled to the following rights under the LGDCU (Annex II.B):

To receive all essential information before contracting.
To have direct contact with the responsible organizer/retailer (SOUL OF ASIA).
To receive a copy of the contract in a durable format.
To receive the agreed services or equivalent alternatives in case of substantial changes.
To transfer the booking with at least 7 days' notice (subject to applicable costs).
To cancel the trip at any time (subject to penalties per Section 6).
To cancel without penalty if the trip is modified or canceled by SOUL OF ASIA.
To expect correct service performance.
To receive assistance in case of difficulties during the trip.
To a price reduction and/or compensation in the event of poor service.
To a refund and repatriation in case of cancellation due to extraordinary events.
To protection against insolvency (guaranteed by the MARKEL surety insurance policy no. 025S00372CAV).

11. Claims and Dispute Resolution

Claims may be submitted via:

Email: eutravellers@soulofasiatravels.com

In case of dispute, the Traveler may choose to:

File a lawsuit in the courts of their place of residence.
Request intervention from public consumer protection bodies (local or regional OMIC offices).
Use Spain’s Consumer Arbitration System (free, extrajudicial, voluntary). More info at AECOSAN or your local OMIC.
Submit an online dispute via the European Commission platform: https://ec.europa.eu/consumers/odr/