For the purposes of these General Conditions, the program is the informative document to which they are incorporated. The program is the description of the combined trip that constitutes the object of the combined travel contract.
Any contract with LUXOTOUR is subject to these general conditions of sale and are intended to regulate the contractual terms for the presentation of the services by LUXOTOUR and, where applicable, the consideration due by the client to LUXOTOUR, for the use by the client of certain services. The provision of the services will be carried out through the obtaining, provision, organization, employment and management by LUXOTOUR of the technical, human and operational resources necessary for this purpose and, always and in any case, as consideration for the prices in force in every moment when the services are paid. Mere browsing the website https://www.luxotour.es/ will not be considered a service.
LUXOTOUR especially watches over and protects the traveler in the terms detailed in these GENERAL CONDITIONS, as well as the LEGAL NOTICE and PRIVACY POLICY.
1. Applicable legal regulation.
These General Conditions are subject to the provisions of Royal Legislative Decree 1/2007 of November 16 (BOE 287 of 30.11), of the General Law of Consumers and Users and other complementary laws, modified by Royal Decree-Law 23/2018, of December 21, transposing directives on trademarks, rail transport and package travel and linked travel services, Law 4/2022, of February, for the protection of consumers and users against situations of social and economic vulnerability, and by Law 7/1998, of April 13, on General Contracting Conditions.
The These General Conditions must be incorporated, signed by the contracting parties, into all package travel contracts whose purpose is the programs offered by LUXOTOUR S.A.U and published at https://www.luxotour.es/
The information contained in these General Conditions of package travel and those provided at the pre-contractual moment are generic in nature. Significant variations in the content are not expected and they will be modified exclusively in the terms set out in the Specific Conditions and in certain cases set out below.
2. Organization.
The organization of these combined trips has been carried out by LUXOTOUR S.A.U., with C.I.F. A-29092046, with address at Pza. Presidente Adolfo Suarez 10, ofc.4, which is registered in the Mercantile Registry of Malaga, Volume 439, Book 316, Section 3, Folio 65, Sheet 870a, Inscription 1. The Owner has recognized the status of wholesale-retail Travel Agency, being the holder of the corresponding Title-License with C.I. number. AN-2906 1-1. This organization is detailed in the pre-contractual information provided to the client detailed in combined travel contract.
THE RETAIL AGENCY undertakes to deliver to the traveler a copy of the combined travel contract formalized by the parties, no later than 24 hours from said formalization. All the conditions that regulate the contracted package trip will form an integral part of the package travel contract, specifically, the general conditions set forth in this text, the pre-contractual conditions, and the particular conditions between LUXOTOUR, the Retail Agency where applicable, and the traveler.
3.- Price.
A) The price of the combined trip includes:
B) The price of the combined trip does not include:
Any other service not specifically specified in the contract, such as:
C) Price modifications:
The The price of the combined trip has been calculated according to exchange rates, transportation rates and fuel costs. Due to the constant rise in oil or other sources of energy, sometimes the price of the trip may be modified after the contracting and confirmation of the trip, by the organizer, or, where appropriate, by the retailer, provided that said power as provided in the formalized contract.
Depending on the destination, tourist fees, taxes and surcharges for landing, boarding or disembarking at ports or airports will be imposed on the traveler as an integral part of the total price of the combined trip. as specified in the previous section. These amounts may be modified by third parties who are not directly involved in the execution of the combined trip and, as a consequence, may be modified by the agency.
In relation to the Tourist Tax, it is a rate that hotel establishments apply in certain countries. The traveler must check if this rate exists depending on their destination.
As a consequence of changes in the currency rate applicable to the package trip, the agency may modify the price of the trip.
* Any price modification that occurs as a consequence of any of the reasons expressed above, will be notified by LUXOTOUR to the retail agency and by the retail agency to the traveler with the justification of the increase and its calculation on durable support, no later than twenty calendar days before the start date of the combined trip.
Whenever the travel contract provides for the power of the organizer, or, where applicable, the retailer, to modify the price, as is the case, the The traveler will have the right to a reduction in the price corresponding to any decrease in the costs mentioned in this section that occurs between the date of confirmation of the combined travel reservation and the start date of the package. In the event of a price reduction, the organizer and, where applicable, the retailer, will have the right to deduct the actual administrative costs from the refund due to the traveler.
D) Price reduction and compensation for damages and damages:
* The compensation or reduction in the price granted by virtue of the law and that granted by virtue of regulations and international conventions, will be deducted from each other to avoid excess compensation.
In case of price reduction, LUXOTOUR will have the right to deduct the actual administrative costs from the refund due to the traveler.
E) Agreed form of payment
The parties will agree in the contract on the established form of payment, whether in cash or in installments, although the full amount must be disbursed before the departure date. If the price has not been received, it will be understood that the traveler unilaterally withdraws from the contract with the expenses and penalties established in RDL 1/2007.
At the time of registration, LUXOTOUR may require a advance payment that in no case will be greater than 40% of the total amount of the trip, issuing the corresponding receipt that specifies, in addition to the amount advanced by the consumer, the combined trip requested. The remaining amount must be paid upon delivery of the travel vouchers or documentation, which must be made at least seven days before the departure date.
If the total price of the trip is not paid in the conditions indicated, it will be understood that the consumer withdraws from the requested trip, the conditions provided for in the following section being applicable.
In the event that before the departure of the trip, LUXOTOUR is forced to modify significantly any essential element of the contract must be immediately made known to the consumer through the Retail Agency.
All refunds that are appropriate for any reason will always be formalized through the Retail/Retail Agency. No refund will be made for services not voluntarily used by the consumer.
4 Special offers.
When the combined trip is contracted as a consequence of special, last minute or equivalent offers, at a price different from that expressed above, the services included in the price are only those that are specified in detail in the offer, even when said offer refers to any of the programs described in this program , provided that said referral is made for the exclusive purposes of general information about the destination.
5 Other exclusions
In the case of optional excursions or visits not originally contracted, it must be kept in mind that they are not part of the package travel contract. Its publication is for informational purposes only and the price is expressed with the indication that it should only be “estimated”. Therefore, at the time of contracting at the destination, variations in costs may occur, which alter the estimated price. On the other hand, said excursions will be offered to the consumer with their specific conditions and final price independently, and the possible realization of them will not be guaranteed until the moment of contracting.
a) Tips are not included in the price of the combined trip. In the case of cruises, the price of the trip does not include a complementary contribution that is usually, although erroneously, called a tip, the amount of which depends on the duration of the trip and which is only intended for the service staff. , regarding which at the beginning of the trip the client is warned that he must assume the commitment to deliver at the end of the trip.
b) Services not included within the "All Inclusive" regime depending on the offer specific of the selected hotel.
6 Assistance.
7- Modification of other clauses of the contract.
* In the event that the traveler requests voluntary changes to their package trip, the prices of the tourist services may not correspond to those published in the brochure or pre-contractual conditions that gave rise to the contract.
8.- Transfer of the combined travel contract.
9.- Payments and refunds.
* Payment with authorization/Deposit into account: for payment of the services reserved through the LUXOTOUR website and for security reasons, it is possible that in some cases, the agency may request from the client a specific payment authorization (which must be accompanied by the documentation required by the travel agency) or, that the payment must be made through any sales office open to the public of the LUXOTOUR commercial network or, where appropriate, that a deposit is made into account, depending on the specific case in question.
10.- Termination of the package travel contract by the traveler.
In At any time, but always before the start date of the package trip, the traveler may terminate the contract with a penalty imposed by the organizer or, where applicable, by the retailer.
a) In the case for individual services: 70 euros (VAT included) per person for management fees, plus cancellation fees, if the latter have occurred.
b) In the case of package trips:
1)100 euros (VAT included) per person for management fees plus cancellation fees, if any.
The package travel contract may establish a typical penalty depending on the days remaining for the start date of the combined trip counting from the day on which the intention to terminate the contract is communicated, so in no case may it be less than 5 percent of the total price of the contracted trip , if the aforementioned non-compliance occurs between two months and fifteen days immediately prior to the planned date of completion of the trip; 10 percent if it occurs between the previous fifteen and three days, and 25 percent in the event that the aforementioned non-compliance occurs within the previous 48 hours.
c) in the event that the businessman responsible for the package trip cancels it before the start of the trip, the traveler will also have the right to receive compensation. You will not be liable for any additional compensation if:
1) the number of people registered for the package trip is less than the minimum number specified in the contract and the organizer or, where applicable, the retailer notifies the traveler cancellation within the period established therein, which will be no later than 20 days, twenty calendar days before the start of the combined trip (in trips of more than 6 days duration), 7 calendar days before the start of the combined trip (in trips of 2 and 6 days duration), and 48 hours before the start of the combined trip (for trips of less than 2 days duration), or the organizer finds it impossible to execute the contract due to unavoidable and extraordinary circumstances and The traveler is notified of the cancellation without undue delay before the start of the combined trip
11.- Right of withdrawal:
In accordance with art. 97.1 of the TRLGDU, it is reported that, in the case of combined travel services, the exercise of the right of withdrawal will not be applicable, by virtue of the provisions of its art. 103.
Travel services, transportation, meals or activities related to leisure activities are excluded in the applicable consumer regulations, in relation to the exercise of the right of withdrawal by the consumer.
Thus and by virtue of article 103 section l) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the right of withdrawal will not be applicable to combined travel contracts, and the consumer must assume the expenses derived from the cancellation of services requested on their part.
Only those travelers who contract a combined trip outside the establishment, as defined in RDL 1/2007, of December 16, will have a period of fourteen days to exercise their right.
These are contracts concluded outside the establishment:
Contracts concluded with the simultaneous physical presence of the entrepreneur and the traveler and user, in a place other than the business establishment of the entrepreneur.
Contracts in which the traveler and user has made an offer under the same circumstances as the that are contemplated in letter a).
Contracts concluded in the commercial establishment of the businessman or through the use of any means of remote communication immediately after there has been personal and individual contact with the traveler and user in a place other than the business establishment of the businessman, with the simultaneous physical presence of the businessman and the traveler and user.
Contracts entered into during an excursion organized by the businessman for the purpose of promoting and selling products or services to the traveler and user.
11.- Termination of the contract by the organizer or retailer.
The organizer, or where applicable , the retailer, may cancel the package travel contract, compensating the traveler for all of the payments that he or she has made, but without assuming responsibility for compensation, provided that the legal conditions established in RDL 1/2007 are met. /p>
12.- Responsibility for errors in the reservation.
13.- Execution of the package travel contract.
If the proposed alternative formulas result in a package trip of lower quality than that specified in the contract, the organizer or, where applicable, the retailer will apply an appropriate price reduction to the traveler.
The traveler You may only reject the proposed alternative formulas if they are not comparable to what was agreed in the package travel contract or if the price reduction granted is inadequate.
14.- Insolvency of the organizer or retailer.
* Guarantee in case of insolvency: LUXOTOUR has signed a guarantee of protection against insolvency, with ________________ [NAME, ADDRESS AND CONTACT OF THE GUARANTEE ENTITY] for the event that the agency becomes insolvent.
If services are denied due to the insolvency of LUXOTOUR, travelers may contact said entity or, where applicable, the competent authority.
15. Customer service and complaints.
Users, in the event of discrepancies or incidents with the contracted services, may contact either through the retail agency or directly to LUXOTOUR via email at the following address: [email protected], or by postal mail to LUXOTOUR Plaza Presidente Adolfo Suárez nº 10 Office 4. 29620 Torremolinos Málaga
By virtue of consumer and user regulations, it is reported that LUXOTOUR does not is adhered to any consumer arbitration system, although and in compliance with the provisions of the European Commission Regulation (EU) No. 524/2013 we provide information on the RLL platform and access address ec.europa.eu/consumers/odr
16.- Protection of Personal Data.
In compliance with Organic Law 3/2018 , of December 5, on the Protection of Personal Data and guarantee of digital rights and European Regulation 2016/679, relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data, the agency and the traveler undertake to respect and comply with current regulations on this matter.
For management of the reservations, LUXOTOUR requires the processing of passenger data, which has been provided by the retail agencies involved in the operation and sale of LUXOTOUR services. The purposes of the aforementioned file are to properly manage the reservation and the adequate provision of the contracted services, as well as the international transfer of such data to organizing companies and providers of the aforementioned services in the different destinations as they are outside the EU area. /p>
The data will only be transferred, solely and exclusively, to third parties who intervene as necessary in the provision of services linked to the purpose of the contracted trip and with identical purposes to the previous ones, with safeguarding of the duty of secrecy and application of the security measures required by current regulations.
You can consult our privacy and data protection policy from here: ___________________
17. Delimitation of the combined travel services.
17.1. Luggage.
The traveler's luggage and other personal belongings are not part of the package travel contract, it being understood that they are transported by the traveler himself, at his own expense and risk.
Travellers are recommended to be present during all loading and unloading of luggage. Regarding air, rail, sea or river transport of luggage, the conditions of the transport companies apply, with the ticket being the binding document between the aforementioned companies and the passenger.
In In the event of suffering any damage or loss, the traveler must immediately present the appropriate claim to the transport company, completing the corresponding damage/loss of luggage report, within a maximum period of 7 days.
Likewise, in hotels, they will be responsible, in accordance with their specific rules, for any incident related to the loss or deterioration of luggage and belongings during the period of accommodation there. LUXOTOUR is committed to providing timely assistance to clients who may be affected by any of these circumstances. We recommend that the traveler check with the airline itself about the baggage allowance allowed since it differs from one company to another.
17.2. Passports, visas and documentation.
All users, without exception (including children), must carry their corresponding personal and family documentation in order, whether passport or D.N.I., according to the laws of the country or countries being visited. It will be at their expense when trips require obtaining visas, passports, vaccination certificates, etc.
All travelers must stay informed at all times, and consult before departure. the necessary documentation to carry out the trip, as well as specific administrative requirements that must be fulfilled due to the requirements of the destination country (migration forms), being the responsibility of the passengers the consequences that failure to comply with this may cause.
For this reason, it is recommended to consult the Travel Recommendations service of the Ministry of Foreign Affairs, through the Ministry's website or for citizens of other states, they should consult their embassy/consulate. .
If the granting of visas is rejected by any Authority, due to the user's particular reasons, or entry into the country is denied due to lack of the required requirements, or due to default in the required documentation, or for not being the bearer of the same, LUXOTOUR declines all responsibility for events of this nature, and any expenses incurred will be the responsibility of the consumer, applying in these circumstances the conditions and rules established for cases of voluntary withdrawal of services. All users, and especially those with nationality other than Spanish, are also reminded that they must ensure, before starting the trip, that they have met all the applicable rules and requirements regarding visas in order to be able to enter without problems in all the countries that are going to be visited. Minors under 18 years of age must carry written permission signed by their parents or guardians, in anticipation that it may be requested by any authority.
17.2.2 Very Important in visa passports and documentation:
Some countries require that travelers' passports be valid for up to 9 months from the date of stay in these countries, regardless of whether it is required or not. the entry visa.
This is why we very strongly recommend that, if passengers have their passport about to expire or will do so before the 9-month period, they provide a new one. passport before the start of the trip to avoid any inconveniences that this may cause, LUXOTOUR will not be responsible for any damages that this may cause to passengers.
17.3 People with reduced mobility
17.3 People with reduced mobility
17.3 People with reduced mobility
People with reduced mobility, before making the reservation, must inform LUXOTOUR of such situation, in order to assess the possibility and viability of contracting the trip in accordance with its characteristics. . In accordance with the provisions of EC Regulation 1107/2006, of July 5, on the rights of people with disabilities or reduced mobility in air transport, a person with reduced mobility is understood to be “any person whose mobility to use the transportation is reduced due to physical disability (sensory or locomotor, permanent or temporary), intellectual disability or deficiency, or any other cause of disability, or due to age, and whose situation requires adequate attention and adaptation to their particular needs. of the service made available to other passengers".
17.4. Information that the Retail Agency must provide to the consumer.
The consumer is informed that in At the time of formalizing the contract, you must receive from the Retail Agency the relevant information on the specific documentation necessary for the chosen trip, as well as advice on optional subscription to insurance that covers cancellation and/or insurance costs. assistance that covers repatriation costs in the event of an accident, illness or death; and information on the probable risks implicit in the destination and the contracted trip, in compliance with the General Law for the Defense of Consumers and Users.
17.5 Validity.
The validity of the program will be January 1 of the current year in which the contract is made, and is tacitly extended as long as it is published on our Website.
17.6. Blocking, issuance and reservation of air services.
17.6.1. ISSUE, CANCELLATION AND REFUND
Luxotour will consider the reservations that enter with the LOCALIZER FINAL and CONFIRMED and from that moment on the tickets will be immediately ISSUED or BLOCKED. From the moment of said issuance, the MODIFICATION and CANCELLATION conditions of each airline involved in the reservation will apply based on the CONTRACTED RATE.
Refunds are provided by the airlines and are subject to the conditions of the rates. Most of the rates offered by airlines through LUXOTOUR DO NOT ALLOW REFUNDS, so THE CONTRACT OF CANCELLATION INSURANCE IS RECOMMENDED at the time of confirmation or purchase of the reservation. Different assumptions arise depending on the circumstances of the cancellation request:
If the cancellation request is made before 8:00 p.m. on the same day the reservation is confirmed, it may be canceled with full refund. Luxotour will charge an additional amount of €12/person for this concept.
If the cancellation request is made after 8:00 p.m. on the same day the reservation is confirmed, it must be taken into account. account: o Airlines will apply their own penalties based on the fares booked. o Luxotour will manage the refund with a charge of €30/person that is additional to the penalties of the companies themselves.
17.6.2. AIR BLOCKINGS
Due to current airline regulations, blocking is not carried out without a previously received deposit that covers the corresponding penalties in case of non-issuance of tickets if the blocking is finally cancelled.
18.- Prescription of the actions.
The actions derived from the rights will expire after two (2) years. recognized in the Law, calculation that will begin on the day of execution of the contract.
19.- Applicable jurisdiction.
The parties that contract under the protection of These general contracting conditions are submitted to the Courts and Tribunals of the traveler's domicile or the employer's domicile, at the traveler's choice, to resolve any discrepancies or claims that arise from the interpretation or execution of the package travel contract and these conditions. general.
IMPORTANT NOTES-ADDITIONAL INFORMATION LUXOTOUR
Errata.- Errata or variations in the programs will be published in our Website and the Retail Agency will be informed to that it communicates the error or variation to the consumer.
The prices of the programs are obtained when making reservations for the dates detailed by the passengers and takes into account: exchange rates, transportation rates in that act, cost of fuel and fees and taxes applicable in that same booking act. Any change in them may lead to the revision of said prices. In no case will it be revised upwards in the twenty days prior to the departure date of the trip, with respect to requests already made.
The airport and miscellaneous taxes indicated in the programs are calculated according to the preferences of the passengers when making the reservation, if they change their reservation and cause a change in route and/or companies, these prices will be altered.-
In some cases, some air sections will be carried out with airlines that do not appear on the ticket or in the reservation confirmation, due to the use of shared codes and alliances between airlines for which we cannot be responsible. Sometimes airlines change passengers' flights without prior notification and because we do not have access to these changes and because for security measures the companies do not provide this information, it must be the passengers who notify said changes to the staff at the destination via the contact telephone number that they have in their documentation so that they can facilitate transfer services, etc. upon arrival.
Special flights are always subject to schedule modification. All times indicated in this brochure are indicative, and may vary depending on the airlines, reconfirmation of flights and times is requested 72 or 48 hours before departure.
Depending on the time upon arrival or departure from the different hotels, even if the first meal or dinner or breakfast on the last day is indicated as included, the program will try to facilitate these services to clients but it is reported that generally when the first meal is included, it is facilitates if arrival is before 12:00 p.m., dinner before 7:00 p.m. and breakfast when departure from the hotel is after 08:00 hrs.
The full board or half board meal plan always corresponds to the same number of hotel nights reserved. in that regime unless a greater or lesser number of meals are indicated as included in the travel program itself and they will be carried out in a restaurant or hotel without distinction.
In circuits with guaranteed departure, in the event that cannot be operated for technical reasons, LUXOTOUR will give them an alternative with trips of similar characteristics or compensating them financially. In those circuits that are not guaranteed, LUXOTOUR reserves the right according to current regulations to guarantee or cancel it up to 10 days before the departure of the trip if the number of passengers indicated in the contract has not been exceeded.
Some hotels may request your credit card as a guarantee of solvency in the event that they consume extra services. LUXOTOUR is not responsible for said credit cards.
The order of visits in the programs may be modified without prior notice, always maintaining the entire program.
LUXOTOUR is not responsible for any organization of programs in some cities for special events, local festivals, etc. Museums, Monuments or places of cultural interest are closed.
Excursions indicated in programs as optional, optional or suggested are not included. Optional visits are contracted and paid for at the destination and are not part of the combined travel contract, and LUXOTOUR is not responsible for the services provided in them as it is not the organizer of the same.
For reasons of special events , in some cases the accommodation may be modified both in category and population, which will always be communicated to the client before departure.
In programs with dinner or lunch service, the first service It will always be dinner and breakfast last (unless otherwise indicated). You should keep in mind that in certain destinations such as Italy, dinners are only provided for arrivals before 7:00 p.m. In the rest of the destinations, dinners are served until 11:00 p.m. (in most cases it is a cold dinner in the room). Drinks, unless otherwise indicated, are not included and must be paid for by the client. Lunches and dinners can be either in restaurants or hotels and are generally prearranged menus.
Double rooms can be either a double bed or 2 beds. Triple rooms in most cases are a double room with an extra bed or sofa bed. . In some cases the triple rooms are small with little space for luggage. The hotel reserves the right to provide 1 double room + 1 single room instead of the triple room. In addition, it must be considered that in some countries triple and quadruple rooms consist of two beds where 3 or 4 people can stay overnight. .
The descriptions of services and photos thereof are those provided by the service providers as a guide and whose services sometimes undergo variations without prior notice.
We recommend to all Travelers must carry the E-111 social security form with them.
It is the passenger's obligation that all of their documentation be valid, such as ID or passport, visas, etc. As a guide, we indicate the documentation required for each destination to visit. Although this information may be varied or modified by the laws of each country, it is therefore the final responsibility of the consumer to ensure the documentation they need to enter other countries. At the same time, the information that we gave as a guide in each destination is for citizens of Spanish nationality. Other nationalities should consult with their Embassy or Consulate.
It is very important that when making your reservation the name and first surname appear correctly as they appear on your ID or Passport. Any problem caused by this reason will be the responsibility of the passenger who must check that all the information is correct.
Transfers: In case of lost luggage upon arrival at the airport, we ask that one of the members of the reservation, notify the transfer/driver or our representative at the destination of the incident so that your transfer can be made. If you do not notify, its provision is not guaranteed. LUXOTOUR will only return the taxi by presenting its invoice plus the luggage irregularity report. The presentation of these will be made at the travel agency where the reservation was made.
Any problem related to the flights such as delays, lost luggage, etc. It is the responsibility of the airlines, it will be essential that they make the complaint at the counters of said companies for subsequent claim.
The staff of the wholesale agency does not have access to the boarding lounges. Sometimes flights are delayed or passengers are changed flights by airlines. The guide, driver or staff who carries out the transfers at the destination does not have this information since it is not provided by the airlines for security reasons. In that case, the passenger must contact the telephone number provided for assistance at the destination to inform them of their flight and arrival time so that they can facilitate the transfer if it is feasible or tell them to take a taxi that will be paid by the passenger and refunded upon return from the trip. In the event that the passenger does not contact our staff at the destination to inform them of such changes, the wholesale agency will not be responsible for the loss of said service.
People with disabled conditions who need special treatment in transportation, due to the use of wheelchairs, or any other element that must be used for their own mobility, they must notify it in order to inform if it is possible to transport it with the rest of the components of said program/trip or It is necessary to hire special transportation, the amount of which will be communicated to you and for which you must pay.
Passengers with any type of disability are obliged to notify the retail agency, and this to the wholesaler, organizer of the trip, to be able to inform them if the accommodations, transportation, etc., have the adapted services that facilitate the normal development of the trip.
People accompanied by animals and guide dogs must notify by written in your travel request the request for a transfer under special conditions.
Transfers may be made with a guide, transfer driver or only with the driver.
Thefts: LUXOTOUR does not is responsible for any losses that clients may suffer due to any crime committed during the trip or their stay at the destination. Likewise, you are informed that you must inform the administrative or police authorities of the place of the events suffered.
Forgotten items at destination: LUXOTOUR is not responsible for forgetting objects at the destination by clients. personal. To request information about whether they are located at the destination and their subsequent shipment to their place of origin, you must contact the office of our recipient, whose telephone number appears in our brochures. In your case, the shipment to the place of origin, it will be made with postage due (at the expense of the passenger).