Terms & Conditions
NOTE: BY SENDING US YOUR INITIAL DEPOSIT (OR ANY SUBSEQUENT PAYMENT) TOWARD YOUR TRIP COST, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE TERMS & CONDITIONS BELOW.
1. General - These booking conditions set out the basis upon which the trip reservations and other travel are accepted for clients (“you” or “travelers”) and by “Madrid & Beyond” (“us”). Under the license number CICMA 1161, “Madrid & Beyond” complies with legal, financial and insurance requirements under Spanish law and travel agency regulations.
2. Agency not Principal – We act only as the agents of all suppliers of accommodation, transport and other activities recommended by us (whether shown on our web site or otherwise) and not as principals.
3. Deposit and Balance of Payment –
3.1 A contract shall come into effect between you and us upon receipt by us of the relevant deposit or, in the case of a late booking, upon receipt of full payment of the trip.
3.2 A deposit of 25% of the full cost of your trip is payable upon your confirmation to proceed with the booking of your trip and/or other travel requirements.
3.3 Bookings will be confirmed on receipt of the appropriate deposit or, if appropriate, full payment. Upon receipt of the appropriate payment we will send you written confirmation of your booking, detailing the total cost of your trip, the amount paid and, where necessary, how much remains to be paid.
3.4 Payment can be made by bank transfer, or credit card (Visa, MasterCard or American Express).
3.5 If final payment is not received, Madrid & Beyond reserves the right to release your reservations and assumes that the trip has been cancelled by you.
4. Late Bookings - You may book your trip at any time, right up to the day of departure. No extra fees are charged for late bookings but payment must be made in full and should be paid by credit card in this case. However we strongly recommend that you book your trip well in advance and to help ensure you get your preferred trip arrangements.
5. Prices - All prices we quote, including those shown in our brochure or on our website, are inclusive of our handling fees and IVA (VAT) and, where published, are correct at the time of publication. Madrid & Beyond trips are always priced in Euros.
6. If You Cancel Your Booking - Any cancellation must be notified to us in writing and will only be effective upon receipt of such written notification. The following cancellation charges apply: more than 30 days before the trip commencement, deposit only; 15-30 days before, 50% of the full cost of your trip; 3-14 days before, 75% of the full cost of your trip; 2 days or less, 100% of the full cost of your trip. Depending on the reasons for your cancellation, you may be able to reclaim these cancellation charges from your insurance company, if you have taken out travel insurance. We strongly recommend that you purchase comprehensive travel insurance.
7. If You Alter Your Booking - If you wish to alter your booking (eg change the dates of your trip or the accommodation requested), we will use all our reasonable efforts to comply with your request, however you will be obliged to pay for any additional expenses that are incurred as a result (eg cancellation fees payable to hotels and other suppliers). In addition, we may charge, at our discretion, an amendment fee of up to a maximum of €100 per person to cover the necessary administration costs incurred. If you decide to change your trip in any way once it has commenced (eg change accommodation or the duration of your stay), we accept no liability for any loss, damage or additional expense and we cannot guarantee a refund of any costs already paid by you.
8. If We Cancel Your Booking - In exceptional circumstances we may find it necessary to cancel your booking and if so, we shall make all reasonable efforts to offer a suitable alternative. If this is not acceptable, and subject always to clause 10, we will refund your deposit and any other sum you have paid to us which shall constitute full settlement.
9. If We Alter Your Booking - If it is necessary to alter the confirmed itinerary before departure, we will use all reasonable efforts to notify you as soon as possible. Subject always to clause 10, if these alterations are unacceptable you may cancel that part of your booking that relates to the alteration and receive a full refund for that part of the booking, which shall constitute a full settlement.
10. Force Majeure - We regret that we cannot accept liability for any loss, damage or additional expense where the booking needs to be altered or cancelled or we are unable to perform our contractual obligations as a result of events of ‘force majeure’. In these Booking Conditions ‘force majeure’ means any event which could not have been reasonably foreseen, or the consequences could not have been reasonably avoided, by us or the suppliers of the relevant services in question, even with the exercise of all due care. Such events may include war or threat of war, civil strife, terrorist activity, industrial dispute, natural or man-made disaster, fire, adverse weather conditions and all similar events outside our or the relevant suppliers’ control.
10.1 Risks – Spain is a modern, developed country with a developed infrastructure and the 13th largest economy in the world [Wikipedia 2014]. It is a member state of the European Union. Unlike travel to some parts of the world, safety issues in Spain are generally the same as those shared in the rest of the developed world ie travelers can generally travel without any worries at all. However, travel always involve some risk, no matter how small the risk factor may be. As mentioned above, we work with independent suppliers and third party service providers (hotels, local guides and operators, transportation companies, airlines) and cannot be held responsible for their actions or their failure to act. Madrid & Beyond has no right or ability to control their operations and therefore makes travel arrangements for the trips on the condition that Madrid & Beyond will not be liable for any act or omission of any independent supplier or any unrelated third party. The services provided by independent suppliers are subject to the laws of the place where the services are provided, and any conditions imposed by those suppliers. The liability of the independent suppliers may be limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements.
11. Limitation of Liability, Release and Indemnity - We use all reasonable efforts to try and ensure that the trips and vacations offered by us are properly arranged and that the suppliers of the services in the trip maintain reasonable standards. We accept responsibility to take reasonable care in the organisational aspects of the trip but we are not liable and cannot be held responsible for actions of property owners, organisers of activities, providers of transport or any other suppliers involved in your trip. We are specifically not liable for events outside our reasonable control or if there has been no default or neglect by us and in no event shall we be liable for any special, indirect or consequential loss, including loss of profit. This limitation does not apply to fatal or other personal injury resulting from our negligence or that of our employees. We strongly recommend that all clients obtain appropriate travel and personal insurance cover. To be eligible to take a trip with Madrid & Beyond, travelers must accept the risks of travel, including those set out in “Risks” and otherwise set out in these Terms & Conditions, and assume full responsibility for any loss, injury, death or damage to them, their family or their dependants or property arising in connection with their participation, or the participation of their family, in the trip. Travelers must have their own insurance appropriate to their needs and the needs of their family or dependants in respect of such loss, injury, death or damage.
The cost of all Madrid & Beyond trips is based on travelers agreeing to these Terms & Conditions. As Madrid & Beyond is acting solely as an agent of you with respect to all transportation, accommodations, meals and other arrangements, in consideration for participating in the trips, travelers agree not to sue Madrid & Beyond, its employees, directors, successors, agents and assigns in respect of, and forever release them from, all liability for economic loss and physical or mental injury, direct or indirect, arising in connection with the trip and the actions of any third party service providers—including, without limitation, permanent disability and death; any emotional distress; any loss of services, financial support, aid, consortium or companionship; and any damage to or loss of property—in each case even if caused in whole or in part by the conduct, including the negligence, of Madrid & Beyond, except where such loss, injury or damage is caused by reckless or fraudulent conduct on the part of Madrid & Beyond or their employees, guides, shareholders, officers or directors, in which case the traveler retains the right to sue only Madrid & Beyond in respect of that conduct. Travelers further agree that they will indemnify and hold Madrid & Beyond harmless in respect of any claims arising in connection with the trip made by: i) third parties, which arise from the misconduct of the travelers; ii) the traveler’s family members, dependants or heirs; iii) third parties, which the traveler, their estate, their family members, dependants or heirs have sued, if damages are recovered from such third parties, to the extent the third party obtains any indemnification from Madrid & Beyond; except where the loss, injury, death or damage is caused by the reckless or fraudulent conduct on the part of Madrid & Beyond, or their employees, guides, shareholders, officers or directors.
12. Your Responsibilities - Madrid & Beyond is committed to making your trip as rewarding and fun as possible. But we require your help to do so. For example, we rely on you to provide us with necessary personal information (age, passport & flight details, allergies, etc.) and travel preferences (type of bed, dietary needs, special interests, etc.) so we can craft the right trip for you. We also ask that you respond to our questions in a timely manner so as not to delay the planning process.
13. Our Responsibilities – Madrid & Beyond recognizes the faith and trust you put in us to plan your travel. We will do our utmost to create and deliver the perfect trip for you. Our aim is to provide you with reliable and personalized service. We will respond to your messages promptly and will keep you informed as your itinerary evolves. If at any time you have questions or concerns we ask that you let us know immediately so we can address them.
14. Travel Documents and Passports - It is your responsibility to ensure that you have a valid passport and meet all necessary entry requirements of the country or countries you will be visiting. These requirements vary by country and nationality and can change from time to time. Madrid & Beyond will do its best to inform travelers of these general requirements, but we ask that you contact the appropriate embassy(ies)/consulate(s) in your country of residence. Madrid & Beyond is not responsible for delays, changes or costs of any kind due to incomplete, expired or inaccurate traveler documentation.
15. Health - By sending us your initial deposit you certify that you nor to your knowledge anyone travelling with you, if applicable, does not have any physical or other condition or disability that would make travelling unsafe for you or other travelers.
16. Privacy - Your privacy is important to us. Madrid & Beyond is usually required to collect personal information (such as passport details) in order to execute your trip, in particular if the trip includes domestic flights. We appreciate the sensitive nature of this information and will not share it with third parties (other than as required for booking air or other reservations that requires such details) without your express written permission. By sending us your initial deposit, you are consenting to Madrid & Beyond collecting and using your personal information as required to plan your trip and provide you with proper services.
17. Complaints - We do not expect and certainly do not want dissatisfied customers, but in the event that you are not entirely satisfied with the service offered, you should notify any complaint to our office as soon as possible. We shall use all reasonable efforts to rectify the complaint as quickly as possible. If the problem cannot be resolved during the trip period, you should contact us in writing within 14 days of returning from trip and we will use all reasonable efforts to resolve the matter.
18. Law & Jurisdiction - These conditions and terms of contract and all matters arising therefrom are subject to Spanish Law and to the exclusive jurisdiction of the Spanish courts.