SpainTriStages - STS - Terms and Conditions

This page details the terms and conditions of sale and operations of services sold by Roberto Guzmán Mesa (as a company) with Fiscal ID Number 01932770-B through channels including www.spaintristages.com, by telephone or via email contact (hereinafter also referred to as “the company”, “our”, “we” or “us”), of Calle Meson de Paredes 58, esc 1 3D, 28012, Madrid, Spain. The term ‘client’ refers to the individual or organisation making the booking. By completing a booking you are accepting these terms and conditions. If you have any questions, please contact us.

The bookings and agreements made between the client and the company, apply and are ruled under the Libro IV del RDL 1/2007, Ley General para la defensa de los consumidores y usuarios, título II, artículos 159 y 160 / Book 4th of Royal Decree 1/2007 of the General law for defence of consumers, title II, articles 159 and 160.

1. BOOKINGS & PAYMENT

When you complete and return the booking form you agree to accept all these conditions and when we accept your booking we agree to carry out our obligations as defined to you in all materials sent to you from us. This agreement is made subject to, and must be interpreted and enforced by the Spanish Law.

To secure your booking a non refundable deposit of 40% of the total amount is required when the reservation is made, either by bank transfer or PayPal, with the balance payable within 20 days of your booking commencement. Payment must be made in Euros.
For bookings made less than 20 days before booking commencement, full payment is required at the time of booking.
We reserve the right to cancel your reservation if payment is not paid on time.
The booking is not accepted and no contract exists until the date shown on the confirmation email issued by us.
If the individual client making the booking is doing so for a group of two or more people they will automatically be allocated the status of ‘party leader’ and will be the primary contact and responsible person for all passengers and all information and matters concerning the reservation.
The client is responsible for providing correct contact information including email and mobile phone number. Any failure in services resulting from us having incorrect contact information will be deemed to be the fault of the client and no compensation will be available. Booking forms or online reservations/booking must be sent back to us within seven days of your provisional booking.
AGE: to make a booking you must be 18 years or over. Those under 18 years of age are not permitted to travel on their own, but may travel with a pre booked parent or elected guardian. The conduct and behaviour of any passenger under the age of 18 is the responsibility of accompanying adults.

1.2 CONFIRMATION

Bookings will be confirmed by email, SMS text, or post once deposit payment has been received.
Should this confirmation not be received, the client must contact us to raise the matter. This could be for various reasons including incorrect spelling of email addresses during the booking process.
Bookings requiring collection / drop-off at airports, train stations, bus terminals, ferry ports etc: it is the responsibility of the client to provide the correct pick-up and drop-off information (e.g. train / ferry / coach / flight arrival location, times and number, including the correct local flight times).
Any loss of service or extra charges incurred by the client as a result of any incorrect information being supplied to us will not be the responsibility of or compensated by the company.

1.2 AMENDMENTS AND CANCELLATIONS BY CLIENT

If you cancel your booking more than 20 days before the first day of your trip, you will receive a refund of monies paid, minus the 40% non-refundable deposit.
If you cancel your booking less than 20 days before the first day of your trip you will receive no refund on monies paid.
We strongly advise you to purchase trip cancellation and interruption insurance at the time of booking which will cover cancellation fees.
Bookings requiring collection / drop-off at airports, train stations, bus terminals, ferry ports etc: in the case of delays e.g. to flights, trains etc clients are asked to do their best to keep us informed of such delays by contacting +34 630080042 or +34 652 870031. In such instances your booking is non refundable and non transferable, however, where possible we will always do our best to accommodate clients at the new time. In such instances it may be necessary to pay a surcharge for additional parking / waiting time.
For long delays, cancelled or diverted flights (likewise other forms of transport) clients will be required to rebook; tickets can be used as proof of purchase if clients wish to seek reimbursement through their travel provider or insurer.

1.3 AMENDMENTS AND CANCELLATIONS BY US

We will always try our best to avoid delays, cancelling or amending a trip, however, we reserve the right to change the itinerary advertised for any booking, at any time and for any reason, such as adverse weather conditions or if the minimum number needed to operate a trip, which is 4 persons, has not been met. In the latter case we will advise you no later than 20 days prior to departure. Please contact us before you book your travel to confirm that the trip has enough participants to run the trip.
Where circumstances beyond our control force us to amend a trip no deposits or payments will be refunded (please refer to Section Force Majeure).
In the event of circumstances that force us to cancel a trip you will be offered an alternative trip, or if this is unacceptable, receive a full refund of any deposit or prepayment you have made.
We are not liable for any additional expenses you incur through cancellation, amendments or unforeseen delays including, but not limited to, visas, vaccinations, travel insurance excess, or non refundable flights, train or bus tickets. In circumstances where cancellation is due to external events outside our reasonable control, refunds will be less any unrecoverable expenses and non-refundable deposit paid.

2. ACTIVITIES

It is a fundamental booking condition that you accept certain activities such as road biking or swim in oper waters can be hazardous and may involve elements of risk or discomfort, and that you take personal responsibility for your own actions.
We take no responsibility for damage, death or injury caused to you or by you as a result of participation.
You must at all times participate within your own ability and always wear approved safety equipment.
You must confirm that you are fit to participate in your chosen activity and that you have informed us of any medical conditions affecting your participation in the activity.
You must notify us of any specific medication and dietary requirements at time of booking.
If you have to drop out of a trip you will be responsible for any travel arrangements or additional costs incurred.
For clients using our services to participate in outdoor activities e.g. road cycling and open waters swim – it is the client’s responsibility to ensure the suitability of a route/activity for their fitness, abilities and equipment.
For those participating in cycling – whether hired or belonging to you – it is your responsibility to arrive with and keep your bike in safe working order.
Helmets must be worn all time.

3. TRANSPORTATION

3.1 VEHICLE CAPACITY

Our vehicles carry a maximum of six passengers.
All customers are allocated space to carry two items of luggage (standard size bag or suitcase and one piece of hand luggage) plus one road bike, or large piece of sports gear.
Should a client present themselves for pickup with more than this allocation, without prior notification, then we reserve the right to charge an excess luggage fee to cover any additional costs or to refuse carriage of the extra luggage.
When we book other transport companies to carry out client’s journey, they are doing so as an agent only and the operating terms and conditions of the other transport company in question will apply.

3.2 SAFETY

We use vehicles in which all seats are fitted with seat belts. All passengers are required to wear seat belts in any vehicle(s) we operate.
It is the responsibility of parents or guardians of any passenger under the age of 16 to ensure that their seat belts are fastened properly and for the whole duration of any journey.

3.3 RESTRICTIONS

The consumption of alcohol is not permitted in any vehicle we operate.
We reserve the right to refuse transport services to any passenger who appears to be under the influence of alcohol or drugs or who is behaving in an abusive or threatening manner towards our staff or other passengers. This right is delegated to all members of our staff including drivers and representatives.
Smoking is not permitted in our vehicles.
Any passenger who soils a vehicle operated by our company shall be responsible for an immediate charge of 75€ to cover cleaning costs.
Any damage caused to a vehicle, either internal or external, must be paid for, in full, by the client at the time of the incident. In cases where this charge cannot be paid or payment is refused all future reservations will be cancelled and no refund given to the clients. We reserve the right to terminate transport services immediately should this situation arise. If payment cannot, or will not, be made then we will be forced to take legal action against the customer(s) in question.
Clients must not leave litter or rubbish of any kind in the vehicle.

3.4 CHILDREN

Children requiring booster seats: it is the responsibility of the client to provide these. Any client who requires non standard equipment for the safe passage of a party member is advised to supply their own equipment or contact us in advance to discuss arrangements.

3.5 PROPERTY

Although we will make every effort to ensure the safe carriage of your property, the property of the client is carried at their own risk and no responsibility for any loss or damage can be accepted by our company.
Please ensure that your luggage is adequately insured.
We will take all reasonable care when transporting bikes; however we are not responsible financially for any damage caused by a third party during our trip, as a result of off road cycling or during transit to the start point of the trip.
All luggage should be clearly labelled with the owner’s name.

4. ACCOMMODATION

We arrange accommodation in Spain at the desigated place where the Stage will take place. We will always try our best to get the best accommodation, however, we reserve the right to change the accommodation advertised for any booking, at any time and for any reason, previous agreement with the clients.

5. OTHER SERVICES

Upon request, we are happy to provide information to clients about a range of services and activities e.g. bike hire or city visits.
Where a client takes up the services of a third party, the terms and conditions of that company apply.

6. INSURANCE

Clients are required to take out adequate insurance to cover themselves and their luggage for travel, and for all sports and activities they intend to take part in as well as for extra costs and charges incurred from delays, cancellations, rescheduling, repatriation or any other factors outside our control. WorldNomads.com offer policies specially designed for adventurous tours like ours. You can arrange your insurance cover directly with them by visiting worldnomads.com.
We ask that you send us your policy details prior to trip departure.

7. CONSUMER PROTECTION

7.1 FINANCIAL FAILURE INSURANCE

Roberto Guzmán Mesa (as a company) is committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ”The Package Travel, Package Tours Regulations 1992” all passengers booking with A McKenna t/as Innerhaven & Go Where are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of A McKenna t/as Innerhaven & Go Where. This insurance has been arranged by Towergate Chapman Stevens through HCCI International Insurance Company PLC.

Policy exclusions: This policy will not cover any monies paid for Travel Insurance or any claim relating to Air Flights. Please ensure the Company you have booked with has the appropriate CAA / ATOL Bonds in place.

7.2 LIABILITY AND COMPENSATION

Our responsibility does not commence until the appointed time at the designated meeting point.
If you fail to arrive there at the appointed time for whatever reason, we will not be responsible for any additional expenses incurred by you to meet up with the group.
We shall not be held liable for any damages caused by the total, or partial failure to carry out the contract if such failure is due to the theft of bicycles or injury as a result of cycling either on or off road and in particular injuries as a result of either inadequately maintained and serviced personal equipment or failure to wear the correct safety equipment most notably cycle helmets.
We will accept liability for our negligence causing direct physical injury to passengers only to the extent that it is obliged under Spanish law.
We cannot accept any liability in the event of delay and resulting costs incurred by the client due to circumstances out of their control. These circumstances can include, but are not limited to, the following examples:

– Road traffic accidents causing delays
– Deaths or accidents causing injury on the roads
– Vehicle breakdowns
– Unforeseen problems caused by other passengers
– Industrial action
– Civil unrest
– Any action of a third party that damages vehicles
– Severe weather conditions
– Actions of the police, customs officers or any other government officer that results in delay
– Force Majeure (e.g.: war, natural disaster, act of god etc)

We shall not be liable for any damages caused by the total or partial failure to carry out the trip if such failure is: attributable to anyone other than us; unforeseeable or unavoidable and attributed to a third party unconnected to us; a result of unusual or unforeseeable circumstances, reasonably beyond our control; a result of an event which we or any of our agents, even with all due care, could not foresee.
Where damage relates to damage caused by the provision of road, rail, river or sea transport, or hotel accommodation, any compensation payable will be limited by the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), and the Paris Convention 1962 (hotel accommodation).
Any independent arrangements you make which are not part of the trip are entirely at your own risk.
We are covered by public liability insurance; by completing our booking form you acknowledge that we have taken all reasonable steps to safeguard its liability in this respect.
In the event that any term or condition contained in these Booking Terms and Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
Roberto Guzmán Mesa ( as a company), its owners, employees, affiliated entities, agents, representatives, officers, directors, associates, volunteers, successors and assigns (collectively, “the company”), which acts only as an intermediary for its suppliers, assumes no responsibility for and cannot be held liable for any negligent or wilful act or omission of any supplier, or of any other person or entity.
A supplier’s services are subject to the supplier’s own terms and conditions, as well as the local laws and regulations of the relevant country.

8. WAIVER

I have voluntarily applied to participate in the tour/stage on which I am booked.
I am voluntarily participating in this tour/stage with the knowledge of the numerous risks and dangers involved, or any other actions, omissions, or conditions outside the control of the company.
As lawful consideration of, and as part of the payment for, the right to participate in the tour/stage, and as part of the payment for the services arranged for me by the company I agree to be responsible for my own welfare and assume all of the above risks, including those known and unknown to me.
As lawful consideration of, and as part of the payment for, the right to participate in the tour/stage, and as part of the payment for the services arranged for me by the company, I expressly release, discharge and hold harmless forever Roberto Guzmán Mesa (as a company), their owners, employees, affiliated entities, employees, agents, representatives, officers, associates, volunteers, successors and assigns from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my tour or participation in the activities arranged for me by the company.
I agree that the terms of this agreement shall serve as a complete release and express assumption of risk for myself, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives. It is my intention to fully assume all risks associated with this tour and to release the company from any and all liability to the maximum extent permitted by law.
I further agree to “indemnify” the company against any claim by any person, including minors, arising in whole or in part from an injury or other loss suffered or caused by me in connection with the expedition or my participation in the trip.
I have carefully read and understand the provisions and legal consequences of this agreement, and I hereby agree to all of its conditions. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I acknowledge that by accepting these terms and conditions (i.e. by completing a booking), this constitutes my acceptance of this agreement.

9. DISPUTES

Any dispute between our company and a client or third party that is not resolved by an agreement acceptable to both parties shall be referred to an intermediary. If this is not successful then the matter shall be dealt with through the Spanish court system.

10. CONFIDENTIALITY

All information, including contact details, supplied to us by the client during the booking process will remain confidential and will not be shared with any companies or organisations. The only exception to this will be in cases where we arrange third party services e.g. a vehicle(s) from third party transport companies to assist in the delivery of booked services.

11. MISCELLANEOUS

We reserve the right to update and/or alter these terms and conditions at any time.
It is your responsibility to be familiar with these terms and conditions.
Photographs and videos: any likeness or image of you secured or taken on any of our trips may be used by the company without charge in all media (whether now existing or in the future) for bona fide promotional materials of any kind, such as brochures, videos and the internet.