Definition

We, Spain Private Guides, will be referred to in these Terms and Conditions as “SPG”, and our customers/clients as: “You”.

Local Experts: our local experts are all the small companies, local coordinators, local guides, tour leaders, drivers, and free-lancers that work with SPG in the different areas of Spain.

Acceptance of These Terms and Conditions.

When You access the Site and/or use our Services, You hereby represent and warrant that:

1. You have read, understood, and agreed to comply with and be bound by these Terms and Conditions;

2. You are an individual at least 18 years old or a duly organized, validly existing business, organization, or other legal entity in good standing under the laws of the country in which the other party is established;
3. You are able to enter into legally binding contracts; and

4. You are not forbidden by SPG to access and/or use the Site.

If You do not agree to be bound by these Terms and Conditions, you may not access and/or use the Site and/or our Services and should immediately leave the Site.

General

1. These general terms and conditions apply to all offers, quotations, and agreements between SPG and You to which SPG has declared these general terms and conditions applicable, as far as these general terms and conditions haven’t been deviated by parties explicitly and in writing.

2. Any deviations from these general terms and conditions are only applicable if and when they are agreed upon in writing.

3. No general terms of purchase, nor any other terms or conditions put forward by the Customer are applicable.

Offers and quotations

1. All offers are free of engagement unless the offer mentions a term of acceptance.

2. Quotations made by SPG are free of engagement; they are valid for 14 days unless otherwise indicated. SPG is only bound by the quotations if and when their acceptance by you is confirmed in writing unless otherwise indicated.

3. Offers and quotations do not automatically apply to future orders.

Implementation of the agreement

1. Weather conditions that obstruct and/or block the experience apply as a resolutive condition for all tours. Whether there are such weather conditions, lies within the discretion of the guide on duty.

2. SPG is entitled to deny passengers who misbehave or are under the influence of alcohol or drugs.

3. Customers shall follow all instructions given by SPG or its Local Experts strictly and without delay. Access to tours can be refused without reason given if and when this is considered necessary by SPG, for example in connection with capacity, safety, public order, imminent damage, or hindrance.

Delay

1. If the Customer is not present at the agreed time, additional costs made by SPG will be charged to the Customer/ You.

2. In case of exceeding the start time, the first ten minutes are at the expense of SPG. For any further delay, You shall pay additional time and additional costs for attendants and/or local experts.

3.  Large delays caused by you can result in the cancellation of (parts of) the program, without any right to repayment for the Customer.

Payment

1. Upon agreement you shall pay 100% of the total amount due unless mutually agreed in advance.

2. If the down payment is not submitted in time, SPG is entitled to annul the agreement without judicial intervention or proof of default, without the Customer (You) being entitled to any compensation on that account. All this without prejudice to the rights of SPG.

3. Any collecting fees shall be made fully at the expense of the Customer (You).

4. You will ensure that any and all payments to the Local Experts are processed through the Site, or such other means as SPG may determine.

5. You will make payment of bookings by credit card, wire transfer, or other forms of payment available. We do not store credit card information. SPG uses a third-party service to process your payment information for all transactions made through SPG. You authorize SPG and its payment service partners to process your payments. These payment processing services are governed by the terms and conditions of those third-party services and will apply to the payments You make through their system.

Errors

In the event of an error in connection with the pricing or charging of a Trip or Tour, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. 

Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such a refund, you must provide notice of any billing error within 90 days of the date of the billing statement in which such error first appeared.

Credit Card Chargebacks

You have the ability to dispute charges with credit card companies (“chargebacks”). If you have a question about a charge on your credit card statement, you agree to contact SPG prior to disputing a charge with your credit card company to discuss any questions or concerns about your charges with us.

Please send us an email to : info@spainprivateguides.com

SPG will work with you in resolving your concerns. SPG retains the right to dispute any chargeback that it believes is improper.

For more information, please visit our section about cancellation policy.

Independent Contractor Relationship

You understand, acknowledge, and agree that all the Local Experts are independent contractors and not employees, agents, joint venturers, or partners of SPG, and that the Local Experts act exclusively on their behalf and for their own benefit, and not on behalf, or for the benefit, of SPG.

You hereby understand and expressly agree that SPG does not direct or control the Local Experts generally or in their performance during the Tours, Transfers, or Trips including, but not limited to, quality, timing, legality, or any other aspect whatsoever of the services actually delivered by the Local Experts, nor the integrity, responsibility or any of the actions whatsoever of the Local Experts.

The Local Experts, and not SPG, are responsible for determining, understanding, and complying with all laws, rules, and regulations that apply to their activity and to the Tours, Transfers, and Trips provided to You

By using this Site, you agree to report any alleged improprieties of any Local Expert to SPG.

Complaints

Any complaints must be received in writing within 2 days after the tour, at the latest. Any complaints received after that time, or not in writing will not be attended to.

Please send us an email to info@spainprivateguides.com

Acceptance of Risk and Waiver of Liability

We encourage You to obtain suitable medical insurance prior to booking a Tour or Trip.

You acknowledge that all travel involves an element of risk. Also, some Tours and Trips may be adventurous in nature and may involve a significant amount of personal risk. We encourage You to ask us and/or the Local Experts for information and fully educate yourself about any risks, skills, and level of fitness inherent to the Tour or Trip.

Also, We strongly encourage You to search for information about your destination to determine the level of risk when traveling to certain areas. We do not make any representation and/or warranty about any risk associated with any travel destination and We are not liable for any damage or loss that may arise out of, or in connection with, any such destination.

You hereby assume all such risk and You, your estate, your family, heirs, and assigns hereby agree to release and hold harmless SPG, its parent, subsidiaries, affiliates, directors, and employees from all liabilities and claims that arise from damages of every kind and nature, known and unknown, both pecuniary and non-pecuniary, including but not limited to, illness, bodily injury, disability and death to You and/or any other Tour participant, that may arise out of, or in connection with, the participation in a Tour, Excursion, Transfer, Consultation, Itinerary, or Trip.

Liability of SPG

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPG EITHER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LIABILITIES WHETHER IN ACTION BASED ON CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY.

1. SPG does not accept liability for loss of and/or damage to belongings of the Customer (You). The Customer takes responsibility for all of his or her belongings.

2. SPG does not accept liability for loss as a result of death or injury of the Customer (You) and his/her travel group.
3. SPG does not accept liability for injury of persons or damage to belongings caused when entering buildings or exiting modes of transportation. The Customer enters buildings and vehicles fully at his or her own risk.
4. SPG does not accept liability for loss due to delay at departure or delay during the tour.

5. SPG does not accept liability for indirect or consequential loss.

SPG reserves the right, at their own expense, to assume the exclusive defense and control of any claim subject to indemnification by You, in which case You agree to cooperate with SPG in asserting any available defenses.

Liability of the Customer (You)

• The Customer (you) is liable for damage to the belongings of SPG or any third-party and Local Expert caused by the Customer (You).

• The Customer (You) is liable for loss suffered by SPG and for injury of the employees and local experts caused by the Customer (You) or his or her belongings.
• All activities organized by SPG occur fully at the Customer’s own risk.

• The Customer (You) agree to defend, indemnify, and hold harmless SPG from all liabilities, claims, losses, and expenses, including attorney’s fees, that may arise, directly or indirectly from, as a result of or in connection with your use of the Site and/or the Services and/or your participation in a Tour, Transfer, Consultation, Itinerary or Trip including any damages, whether to persons or property, or death to any person. Your Reviews, and any violation by You of these Terms and Conditions, including any infringement of any rights of third parties.

Disclaimer

THE LOCAL EXPERTS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SPG. SPG DOES NOT TAKE ANY RESPONSIBILITY AND ARE NOT LIABLE FOR, AND THE LOCAL EXPERT IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES OR EXPENSES, ARISING OUT OF, OR IN CONNECTION WITH, WITHOUT LIMITATION, (I) THE DELIVERY OF ANY TOUR, (II) THE PERFORMANCE OF THE LOCAL EXPERT OR FAILURE TO PERFORM THE TOUR, CONSULTATION, OR TRIP AND/OR THE LOCAL EXPERT’S SERVICES, (III) ANY TRANSPORTATION SERVICE ASSOCIATED TO ANY TOUR or TRIP, (IV) ANY OTHER SERVICE OFFERED OR DELIVERED BY THE LOCAL EXPERT, (V) THE LOCAL EXPERT’S ACTS OR OMISSIONS, REPRESENTATIONS, WARRANTIES, NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT AND (IV) PERSONAL, BODILY INJURY, DEATH, PROPERTY DAMAGE TO YOU, THE LOCAL EXPERT OR ANY OTHER PARTY.