BOOKING TERMS AND CONDITIONS
IINTRODUCTION:
Mountain Guide Spain Civil Society (hereinafter MGS.) Recognises that Mountain and Climbing Sports are risk sports that take place in the natural environment under changing weather conditions that can sometimes be severe. Their practice is not without certain objective risks and dangers.
THE GUIDE:
MGS guides are officially qualified mountain professionals and instructors. They are qualified with the theoretical, experience and technical knowledge necessary to carry out the hired activities. Their main task is to bring activities to a successful conclusion and ensure the safety of all participants. In this concept, although all opinions during situations that arise during the event will be valued, it is the guide who will make the final decisions on any issue that affects the operation or safety of the participants/group.
The guide will have the power to request the evacuation of a client for reasons of illness, accident or for any other reason that compromises the safety of the group or the client himself. In this case, the client may not claim an activity refund, in whole or in part, of the amount of the event price, notwithstanding the fact that he subsequently claims from his insurance company the expenses arising from such event.
The contract, booking terms and conditions and responsibility, exclusively affects the direct guide’s work assigned by MGS. to the organization of the activity.
CONDITIONS ACCEPTANCE:
The contracting of the services provided here necessarily requires the full and unreserved acceptance of each and every one of the general contracting conditions.
By accepting this contract, you declare that you are a person of legal age and with the legal capacity established by the legislation of the country of which you are a national.
If you act on behalf of a legal person, by accepting these general conditions, you state that you have the proper powers of representation.
Minors must be accompanied by their legal guardian, or failing that, by a responsible person of legal age who will be the one who accepts the legal conditions.
PARTICIPATION IN ACTIVITIES:
Participants will bear the costs and responsibilities of transportation to the place where the activity takes place, except in those cases where MGS expressly communicated in writing.
Although the program will always be carried out according to the route and the schedule provided by the organising entity or the guide responsible for it, the activities in the natural environment are subject to the state of the natural elements as well as the existing meteorological conditions. Therefore, when contracting an outdoor activity, the participants must assume the unforeseen events that may occur and that may cause changes in the planned itineraries and schedules.
MGS and the guides responsible for the activity reserve the right to cancel, suspend, totally or partially change the program, the route or the schedule due to safety, weather and terrain conditions, or due to the physical and psychological conditions of the group or participant.
In the event of adverse meteorological, hydrological, climate or political / social conditions, the organising entity can change the date of activity or completely suspend it, proceeding to the refund of the amount paid, according to the refund policy (see specific section).
It must be communicated in advance to the organising entity MGS or the guide responsible for the activity if any of the participants requires specific medication or presents any health risk that may affect the normal development of the program. In case of conditions (allergies, asthma, diabetes, etc …), chronic diseases or injuries, participants must carry their personal medication with them during the activity, whether it be for a day or for several days. It should be noted that, in some remote areas or in certain countries, there may be no immediate medical assistance or the drug you need. Parents or legal guardians of minors with injuries or illnesses should be responsible for their care and medication.
In the event that the client, of his own free will, due to ignorance of the activity, due to not having sufficient physical condition or not being in the optimal conditions for the development of the activity, is unable to carry out said scheduled activity, he will not be refunded the amount of it.
In the event that the client voluntarily chooses to abandon the activity, he is obliged to deliver a signed document to the guide stating his voluntary decision to withdraw. The costs generated by the voluntary abandonment of the activity for any other reason other than illness or accident of the client, will be payed by the client regardless of the nature of such costs such as transportation, accommodation, etc.
MGS declines all responsibility before the concurrence of an accident produced by the recklessness or negligence of any participant, both inside and outside the hours of the activity. The participant agrees not to be under the influence of alcohol, drugs and/ or narcotics, as well as any other medication that could affect his ability to react.
Participants in MGS activities agree to comply with the instructions and guidelines of the designated guide. Any breach of the indications of the person designated for the activity may lead to the exclusion of the non-compliant participant of said activity, with loss of all their rights, including economic ones. Irresponsible actions will be grounds for expulsion from the activity and the group.
The loss, negligence or misuse by the client of the gear provided by MGS (beyond logical wear and tear due to use) will be the responsibility of the client and must be fully paid to MGS.
MGS is not responsible for the loss or deterioration of the gear or personal objects of the clients during a trip or activity. For this purpose, MGS insurance will have no value.
PRICES:
The prices of the activities are those that appear published on the website: www.guiaszonacentro.com
The prices include current VAT and everything described in the INCLUDES section of each activity file.
The price of the activity program is established per person.
The price of the program can be modified depending on the number of participants, the necessary guides for the number of participants and the availability of accommodation at the time of booking. In the event that the predetermined accommodations were already complete when making the reservation, others with similar characteristics will be booked. Accommodation bookings are responsibility of the participants.
Any discount or promotion will be conveniently communicated to the client, in relation to the published prices.
For custom-made activities or for organised groups like companies, schools and other events, a budget will be offered according to the request.
PAYMENT AND RESERVATION:
The activity reservation will be effective once the client has made the payment of the amount corresponding to the activity. In the event that an advance payment has been paid, the final reservation will only be confirmed once the customer has made and completed the payment of the remaining part, within the period announced by the entity.
CANCELLATION AND RETURN POLICY:
1. For 1-day activities
The cancellation by the client of an activity already formalised by paying for it, will carry the following management and penalty costs:
-If the cancellation is made more than 7 days before the activity date, you will be entitled to a refund of the amount paid except €5 per person for management costs.
-If the cancellation is made less than 7 days from the activity date, 100% of the amount paid will be lost.
-If the client does not show up or arrives later than the meeting time or start of the activity, published by the entity, 100% of the amount paid will be lost.
-In case of changes in the date communicated more than 7 days before the activity date or non-attendance due to major force (presenting the appropriate proving document), the entity will offer new dates for the activity or a similar activity according to availability. In no case will the amount paid be refunded.
2. For weekend or 2-day activities
The cancellation by the client of an activity already formalised by paying for it, will carry the following management and penalty costs:
-If the cancellation is made more than 14 days before the activity date, you will be entitled to a refund of the amount paid except €10 per person for management costs.
-If the cancellation is made less than 7 days from the activity date, 100% of the amount paid will be lost.
-If the client does not show up or arrives later than the meeting time or start of the activity, published by the entity, 100% of the amount paid will be lost.
-In case of date changes by the client, communicated more than 7 days before the activity date or the non-attendance due to major force (presenting the appropriate proving document), the entity will offer new dates for the activity or a similar activity according to availability. In no case will the amount paid be refunded.
3. For activities of several days that a reservation advance is required
The cancellation by the client of an activity already formalised by means of the advance payment of the same, will bear the following management and penalty costs:
-If the cancellation is made more than 21 days before the activity date, you will be entitled to a refund of the amount paid in advance, except €15 per person for management costs.
-If the cancellation is made between 20 and 14 days from the activity date, 75% of the amount paid in advance will be lost.
-If the cancellation is made less than 10 days from the activity date, 100% of the full amount of the activity will be lost
-If the client does not show up or arrives later than the meeting time or start of the activity, published by the entity, 100% of the amount paid will be lost.
-In case of date changes by the client, communicated more than 14 days before the activity date or the non-attendance due to major force (presenting the appropriate proving document), the entity will offer new dates for the activity or a similar activity according to availability. In no case will the amount paid be refunded.
4. Refund for suspension or cancellation of an activity by MGS.
– If MGS cancel an activity for other reasons such as adverse weather, the full amount will be refunded, subtracting bank and management costs, as long as the client requests it within a period not exceeding 10 days. Exceeded this term, in no case will the entity return the money paid for said activity, and will proceed to deliver to the customer a voucher with the value of the amount paid, and the latter may carry out the activity on a new available date or a similar activity proposed by MGS. No expiration date for the voucher.
-In the event that the activity has started and that it must be suspended for any of these reasons at the discretion of the Guide responsible for the activity, the amount paid will not be reimbursed. For all intents and purposes, the activities begin when meeting the guide and an attempt will be made to start in the most favorable conditions, if possible.
– MGS can suspend the activity without any refund to the client in case the client does not present the agreed level, both technical and physical. If there is an obvious delay in the scheduled times for the activity or if the client does not meet the agreed safety gear, clothing requirements or prerequisites.5. Bonuses and Gift Cards
5. Bonuses and gift cards once purchased and paid by the customer, cannot be returned and the price will not be refunded.
–If MGS cancels an activity for other reasons such as adverse weather or lack of snow, a new date will be proposed with the client’s agreement to carry out the activity, depending on availability, or a similar activity of the same value.
6. Dates and Delays
-In the event that the Guide who directs the group must modify the program for meteorological, snow conditions or security reasons, we inform you that, regarding any reservations made on behalf of the participants directly with the providers of accommodation, meals and transportation, which are not included in the price of the program, it is NOT under our competence or responsibility to proceed with the modification, or the cancellation, of said reservations. The eventual expenses derived from said changes or cancellations will be borne by the client.
-In the event of expenses arising from the airline tickets due to loss of the plane, delay or cancellation of the plane, due to bad weather, bad flight conditions or any other cause, these must be paid by the client, including the costs of accommodation and maintenance that originate. In this case, the client may request damages from the transport companies involved.
-Delays at the beginning of the trip due to strikes by airline personnel, closure of airports for weather, social or political reasons, delays in flight schedules, wind at the time of starting the expedition or any other meteorological or logistical cause that the guide or the entity consider that it may affect the safety of the group or any of the participants, etc., and/ or any other cause outside the organisation, may not be a reason for claiming non-compliance with the planned activity or travel plan.
7. Transport contracted to third parties.
In the event that the client requires the contracting of any transport not included in the detailed program, MGS in order to expedite and facilitate said contracting, can offer the client the possibility of carrying out the procedure on their behalf. For this, the client must authorise MGS expressly and in writing (email). In this process, the final price will be that stipulated by the transport company, MGS will contact the customer to request acceptance of the final price.
This process of ticket purchase by MGS in the name of the client, does not suppose in any case that MGS bears no cost for cancellation, delays or any other contingency that may generate unforeseen costs, without this implying that the client may request damages from the transport companies or other organisations involved. Similarly MGS. is not responsible for the cancellation by the customer of any ticket purchased from third parties through their intermediation.
MGS is not responsible for possible delays in the travel contracted to third parties due to staff strikes, closure of airports or stations or for any other reason outside the organisation and may not be a reason for claiming for failure to perform the contract by the client’s.
APPLICABLE LEGISLATION AND JURISDICTION:
The parties must know that the legislation applicable to this contract will be Spanish. The parties also agree to submit for the resolution of any controversy, conflict or claim arising from this contract, to the courts of Madrid, as this is the place of conclusion of the contract, expressly waiving any other jurisdiction that may correspond to them.
NOTIFICATIONS:
All notifications, requests, and other communications that must be made by the parties in relation to these Booking Terms and Conditions must be made in writing and it will be understood that they have been duly made when they have been delivered by hand, or sent by ordinary mail to the address of the other party or to the email address of the latter, or to any other address or email address that each party may indicate to the other.
IMAGE RIGHTS AND PERSONAL DATA PROTECTION:
Participants of all activities give their consent to use the images taken in the development of the same for the use of MAS in advertising campaigns or other actions taken in the future.
When making the booking, customers are transferring their data to MGS Said data, in compliance with the Organic Law on Protection of Personal Data 15/1999, of December 13, will become part of the file registered with the Spanish Agency for Data Protection. Customers may exercise their rights of access, rectification, cancellation and opposition by email addressed to MGS.