Madway is a tour operator, offering a wide range of tours in Madrid and other destinations. Bookings can be made directly through MADWAY and/or any other website through which Madway makes their services available.
2. ACCEPTANCE OF THE TERMS AND CONDITIONS
By accessing, browsing, using and/or completing a reservation through our websites you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below.
The booking of the services provided by MADWAY requires the full acceptance without any reservation of all the terms and conditions of this contract.
By accepting the present contract you are declaring that you are 18 years or older with full legal capacity as stated by the law of the country of which you are a citizen.
If you act in the name of a minor or a legal person for the acceptance of the present terms and conditions, you must have the power of representation.
MADWAY recognizes that all Outdoor Activities and Adventure Tours have inherent dangers and risks, and that while MADWAY will use a high degree of skill in ensuring the safety and welfare of participants, it will not accept liability for loss, injury or damage sustained by a participant or his/her dependants in circumstances where such an event could not have been avoided by the exercise of reasonable care. While the staff and management of MADWAY will take all practicable steps to identify and minimize potential dangers, I acknowledge that I must follow the instructions of the guide and use the safety equipment, when instructed at all times. If I am responsible for a person under the age of 18, I must ensure that the underage person follows the Guides’ instructions at all times. I release and indemnify MADWAY and staff against any liability they incur to anyone else, resulting from my failure to follow MADWAY´s instructions or the failure of any underage person accompanying me to follow the Guides’ instructions.
MADWAY reserves the right to withdraw any person who in their opinion is likely to endanger themselves or others. I also recognize that MADWAY reserves the right to cancel, modify, or curtail any activity/tour, if my safety or that of any other person becomes a concern.
I am aware that outdoor activities, trips and adventure tours may have extreme dangers and risks.
Inherent risks are those which cannot be eliminated without destroying the unique character of the activities. The same elements that contribute to the unique character of these activities can cause loss or damage to equipment, accidental injury, illness, or, in extreme cases, permanent trauma, disability or death.
The following describes some, but not all, of the inherent risks of MADWAY activities and tours:
1. MADWAY activities and tours may be strenuous, physically and emotionally.
2. MADWAY activities and tours usually occur in the outdoors and remote places. They occur on lands open to the public, and exposed to the acts of persons not associated with MADWAY and who may pose risks. The remote locations may be many days from medical facilities. Communication and transportation are difficult and evacuations and medical care may be significantly delayed.
3. Physical activities include, but are not limited to, walking, hiking, backpacking, climbing, paddling, repetitive lifting, and use of hand tools. Certain activities will require travel by vehicle, raft, canoe, kayak, sail and other boats, horse, aircraft, train, skis, snowboards, on foot and by other means, over improved and unimproved roads, rugged trails and off-trail terrain, including boulder fields, downed timber, rivers, rapids, river crossings, high mountain passes, snow and ice, steep slopes, slippery rocks, steep or crevassed glaciers, ocean tides, currents, waves, surf, and reefs. Travel risks include collision, falling, capsizing, drowning, becoming lost, and other risks usually associated with such travel, including environmental risks.
4. Environmental risks and hazards include, but are not limited to, flowing, deep and/or cold water; harmful insects, snakes, predators, and large animals; falling and rolling rock; lightning, avalanches, flash floods, falling timber, and forces of nature, including weather which may change to extreme conditions quickly or unexpectedly. Possible injuries and illness include hypothermia, frostbite, immersion foot, high altitude illnesses, sunburn, heatstroke, dehydration, insect or animal-borne diseases, and other mild or serious conditions.
5. Camping risks include, but are not limited to, injuries such as burns and cuts, sprains, strains and other injuries from slips, falls, and lifting, and illnesses including diarrhea and flu-like illness. Meals are prepared over gas stoves and open fires. Water may require disinfection before use.
6. Equipment may fail or malfunction.
7. Decisions made by the instructors, other staff (including volunteers), contractors and participants will be based on a variety of perceptions and evaluations, which by their nature are imprecise and subject to errors in judgment. Misjudgments may pertain to, among other things, a student’s capabilities, environment, terrain, water and weather conditions, natural hazards, travel routes, and medical conditions.
8. MADWAY is not responsible for participants, including minors, before and after their course (per stated beginning and ending dates and times). On some activities and tours participants, including minors, may have «free» time in a town or other locations out of the field while in transition from one field section to the next. MADWAY has no responsibility for participants during this free time and participants accept the risks that arise from this unsupervised free time. MADWAY staff may from time to time provide assistance or even accompany students in these free time activities, but in doing so, they are acting as private individuals, and MADWAY is not responsible for their conduct.
9. MADWAY activities and tours in foreign countries may be exposed to laws, legal systems, customs and behaviors, and to animals, diseases, and infections, not common to Spain. In addition, these tours may be subject to dangerous road travel, political unrest, riots, demonstrations, banditry, terrorism, and other criminal conduct, including drug related activities.
10. MADWAY courses are instructional in nature. Students/Participants accept the risks of instructional activities, which are intended to challenge students to expand their skills and judgment.
I have read and understand the general information about MADWAY and its activities/tours on the MADWAY website, handbooks and other materials. This information includes Admission Policies, Terms and Conditions. I agree to the terms and policies stated in all the above-mentioned materials.
I willingly accept all the risks including without limitation the risks described above.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT, that I have executed this agreement voluntarily, and that this agreement is to be binding upon me, my heirs, executors, administrators and representatives.
If under 18 years, parent or legal guardian must sign (please specify also relationship).
I certify that the information I have provided on my enrollment form regarding Medical Condition/s or other information is correct.
3.PHOTO AND VIDEO MATERIAL
I hereby agree that photo, audio or video material taken during the MADWAY activity/tour can be used/shared royalty free and without restrictions.
Participants of all activities give their consent to use the images and sounds that are taken in the development of the same for use by MADWAY or partners in advertising campaigns or other actions that are undertaken in the future.
In the case of minors, it will be their parents or legal guardians who grant their consent to do so.
MADWAY will be the owners of the photographic and audiovisual files and archives that are generated in the development of the events organized by these entities and these may be used on their website or in any other medium, to promote or sell their events to third parties or for any other purpose it deems appropriate. The non-acceptance by the client of this condition will have to be communicated to MADWAY.
4. PARTICIPATION IN TOUR & ACTIVITIES
Participants will be in charge of the costs and responsibilities of transportation to and from the location where the activity will take place, except in the case where MADWAY specifically states in writing in the records for this activity: Commercial Transportation Included.
Although MADWAY will always try to carry out the program following the route and schedule previously specified by the organization or the guide responsible for tour, activities in the natural environment are subject to the state of the natural terrain, as well as the current meteorological conditions. For this reason, when booking an activity in the outdoors the participants must accept the unforeseen conditions that may arise which can cause delays and changes in the original schedule, duration and itinerary.
MADWAY and the guides responsible for the activity reserve the right to cancel, suspend, partially or fully change the program, route or schedule due to issues with safety, weather conditions, state of the terrain, or for the physical and/or psychological conditions of the group or of a participant.
In the case of having started an activity that then must be suspended for any of the mentioned reasons according to the guide responsible for the activity, there will be no reimbursement of the amount paid. For all intents and purposes, the activities begin upon meeting with the guide who will try to start each activity in the most favorable conditions as possible.
In the case of if the guide of the group must modify the program for poor weather conditions or safety risks of the group he/she is leading, we will inform you that, in regards to reservations made on behalf of the participants directly with the providers of lodging, food and transportation, are not included in the price of the program and DO NOT fall under our responsibilities or competencies to be modified, or cancelled. The costs created from this changes or cancellations will be covered by the participant.
In the case of poor weather conditions, the organization may change the this date of the activity or suspend it and reimburse the total amount paid if considered appropriate.
You must communicate to MADWAY or the responsible guide before the activity if any of the participants requires special medication or presents a health risk that could affect the normal development of the program. In the case of certain medical conditions (allergies, asthma, diabetes, etc…), illnesses or chronic injuries, participants must have with them their personal medication during the activity, whether it is one-day or multiple days. Please take into account that, in certain remote areas or in certain countries, it is possible that immediate medical assistance and/or medications may not be available. Parents or legal guardians of minors with injuries or illnesses are responsible for their care and medication.
In the case of a client who, for lack of information about the activity, for not having a sufficient physical fitness level or for not being in optimal condition to participate in the activity, cannot complete the planned activity, they will not be refunded.
MADWAY does not accept responsibility of an accident that occurred before or during the activity due to recklessness, negligence or carelessness of a participant, both within and outside of the hours of the activity. The consumption of drugs and alcoholic beverages is strictly prohibited during the activity.
Participants in activities with MADWAY must agree to comply with the instructions and guidelines of the designated instructor/guide. Any non-compliance of the guidelines set by the designated guide responsible for the activity may lead to the suspension of the offender of this activity, with the loss of their rights, including all those financial. Irresponsible actions give cause to expulsion of the activity and the group.
All customers attending the outdoor and adventure tours organized directly by MADWAY are covered with an accident insurance and Civil Liability insurance.
Please note that all prices for the services provided by Ole Outdoor and its sub-brands are in the company’s local currency, EURO (€). As a local and european operator MADWAY can not be responsible for currency fluctuations and or additional fees outside its control that may be applied such as bank transfer fees, credit card fees and etc.
The prices of the activities are those that are published on the MADWAY and its websites.
Prices include current VAT rates and everything that is described in the section INCLUDES of the tour description.
The price of the program is determined for a minimum group size that is specified on every activity page. It is not necessary to book an activity as a group; groups will be formed by individual participants.
If the minimum group size is not reached, it is still possible to carry out this activity, but in this case the prices per person may vary.
The price of a program could change according to the number of participants, number of guides necessary for the group size, and the availability of accommodations at the time of the reservation. In the case that the predetermined accommodations are full at the time of making a reservation, we will look for similar accommodations. For custom or private groups, businesses, schools and other events, we will offer a price quote according to the requests.
5.2. Special offers & Promotional codes
Please note that special offers such as promotional codes cannot be applied to a reservation after purchase has been made such as in the form of a refund. When offered, promotional codes and/or other special offers, must be entered into the relevant field located on the payment page upon check out at the time of booking in order to be valid and applied.
Other promotional prices and discounts can be offered directly by email or phone or by other channels, platforms, social media or advertising.
5.3. Pick-up & Drop-off Services
MADWAY offers pick up and drop-off services for most of its tours. Please read the tour description very carefully to see if pick-up and drop-off services are included in the price, can be added as an extras or the activity in question only offers the option of meeting us on location.
You as the traveler are responsible for your pick-up, this includes providing MADWAY with your pick up location in time as well as being ready at the correct time for the pick-up for your tour. MADWAY will provide you with information about your pick up time and place upon booking. The pick up place sometimes is not at your accommodation address, but close to it due to traffic, parking or restricted areas.
Please note that missing the pick-up does not entitle you to a refund of the price paid for the services. You are responsible to be ready for pick up at the assigned pick up point from the start of the pick up time in order to not miss our guides when they arrive to pick you up.
5.4. Meeting us on location
If you are planning to meet us on location for your tour then please be sure that this can be arranged. For most of MADWAY tours, it is possible to meet us on location. Please read the tour description of your tour very carefully to see if meeting us on location is possible for the activity in question. Please note that there are still some tours where this can not be offered. If you are unsure which tours this follows under then please contact our Customer Support Team.
You as the traveler are responsible for arriving to the meeting point in time for your tour. This includes being ready at the correct time at the correct location in time for your adventure tour. MADWAY will provide you with information about the meeting point for your tour upon booking. If you are unsure when to arrive for your scheduled tour then please contact our Customer Support Team.
Please note that if you do not arrive in time for your tour and/or are late to the meeting point of the tour, that is to say you do not arrive to the correct meeting point at the correct time for your adventure tour then you are not entitled to a refund of the price paid for the services.
5.5. Extras & Rental gear.
Extras and rental gear can both be added upon booking your tour as well as afterwards as long as it is made no later than the evening before your tour departure date. If you have already made a reservation with us and would like to add any extras and/or rental gear to your reservation then please contact our Customer Support Team.
Please note that all extras and rental gear reservations are final. No refund is given for extras & rental gear, this includes single supplements, hiking shoes, waterproof jacket and pants etc.
Safety equipment needed for each tour is provided by MADWAY and is not classified as rental gear.
5.6. Spain weather and conditions
All adventure trips and outdoor activities are dependent on weather and general conditions. MADWAY reserves the right to alter routes, itineraries, departure times and or cancel your trip without prior notice with your safety in mind, should the necessity arise.
Please keep in mind that in Spain mountain areas the weather changes fast and with it, conditions change. Our guides are specially trained to deal with changing conditions and their number one priority is to make decisions with your safety in mind. Please be aware of this and respect your guides authority to do so. This is especially valid for winter tours.
MADWAY can not be held responsible for any loss, damage, accident, injury, sickness, schedule change or other factors due to weather, strike, natural disasters or any other cause beyond MADWAY´s control. MADWAY acts in good faith and cannot be held responsible for defaults or delays of organizations such as individual agencies, hotels, other tour operators, airlines, guides, restaurants or any other person’s or company’s act.
In the case of any changes to flights (domestic and international), the passenger is responsible for any additional costs incurred as a result of such changes (i.e. additional hotel nights, meals, transfers, etc.), at the time provided. We, therefore, advise all customers to have comprehensive travel insurance to meet all contingencies.
Appropriate footwear and suitable outdoor clothing must be worn. We reserve the right to refuse participation to customers who are dressed inappropriately or with inappropriate footwear since this will put the client’s well-being and safety at risk. A recommended equipment list will be sent to you according to the tour and activity.
5.8. Assumed risk & Outdoor activities
Guests/Clients are advised that all activities are undertaken entirely at their own risk and they must behave in a fit and proper manner at all times in accordance with MADWAY or their partners’ guidelines and must take proper responsibility for their own safety. All adventure tours and outdoor activities carry inherent risks and MADWAY or its partners do not assume any responsibility for accidents that are caused by its customers or can be traced to their own actions or are caused by factors outside of human control (Force majeure). With the purchase of your tour you agree to these conditions, understand its implications and accept responsibility for your participation in your trip. Depending on the excursion, you may be requested to sign an additional liability release.
5.9. Alcohol and drugs
We reserve the right to refuse participation to clients we believe are under the influence of alcohol or drugs, in such circumstances, no refund shall be given. Our guides reserve the right to refuse participation to any customer whose conduct or manner is likely to cause offense, upset or put other passengers in danger. In such cases, full cancellation charges apply.
6. PAYMENTS AND RESERVATIONS
The reservation of spaces will be made once the customer has paid the appropriate amount corresponding to each activity. If the fee has not been paid in full in advance, the final reservation has not been made. The reservation will be completed once the customer has paid the remaining part before the deadline given by the company.
Please make sure to fill in and/or provide all necessary details upon booking your adventure tour/s. Once you have completed the booking process a booking confirmation will follow, containing your booking number and the voucher/s for the services booked. The voucher will be your proof of payment so please bring it with you on the day of your tour. Please note that you are responsible for carefully checking all details on your confirmation and related travel documents to ensure that they are correct. In the event of a discrepancy, such as booking mistakes where the wrong date and/or an incorrect number of participants was booked please contact MADWAY immediately as it may not be possible to make amendments to your reservation when it gets closer to your departure date. MADWAY cannot be responsible for mistakes in the booking process.
A booking is confirmed when you receive a confirmation email. If you think you have made a booking and have not received an email send us an email to firstname.lastname@example.org and we will figure this out together.
7. MADWAY CANCELLATION POLICY
All cancellation fees held by MADWAY are only intended to cover our direct cost of amending and/or canceling your reservation.
All communications relating to these terms and conditions (in particular any requests to cancel or amend your tour arrangements) must be from the lead traveler of each reservation and processed through MADWAY phone, email or contact page. Once delivered the amendment and/or cancellation needs to be confirmed by MADWAY before further action can be taken. If a reimbursement is in order then it shall be made in accordance with all procedures and processed within 15 working days, and the stipulated amount will be transferred to the same credit card that was used upon booking. Please note that we can not be responsible for delays of the delivery of the reimbursement to your account once it has been processed on our end. For tours purchased through another vendor please reach out to the vendor directly with your refund and/or cancellation request.
7.1. Cancellation Fees & Charges
As we start to incur costs from the time the contract is confirmed we will apply cancellation charges as shown below from the time when written notification of the cancellation is received:
7.2. Cancellation of Day Tours
-More than 7 Days notice : 90% refund (10% of the price of your trip is non-refundable, this percentage reflects our cost of booking and preparing your trip).
-Less than 7 Days notice : No refund.
For all bookings of day tours operated by MADWAY, a minimum of 7 days notice of cancellation prior to your scheduled tour departure is required for a full refund. If a cancellation is made with less than 7 Days notice prior to departure no refund is given. Cancellation requests must be done by email or phone giving detailed information of the booking.
7.3. Cancellations of Multi-day, Self-Drive, Group, Bike & Trekking Tours
-More than 28 days notice: 90% refund (10% of the price of your trip is non-refundable, this percentage reflects our cost of booking and preparing your trip).
-Less than 28 days notice: 50% refund.
-Less than 7 days notice: No refund.
Cancellations with more than 28 days’ notice before trip departure: You will be refunded 90% of the total tour price. 10% is non-refundable, as this represents our direct cost of booking and preparing your tour.
Cancellations with less than 28 days notice before trip departure: You will be refunded 50% of your total tour price. 50% is non-refundable, as this represents our direct cost of canceling any arrangements made for your tour.
Cancellations with less than 7 Days notice before trip departure: No refund will be given if tours are canceled with less than 7 Days notice, as Ole Outdoor will be charged for all costs such as guides, transport etc.
7.4. Refunds for Suspension or Cancellation of an Activity on the part of Madway
– If MADWAY cancels an activity/tour for reasons beyond their control such as unfavorable weather conditions or lack of snow, it will reimburse the full amount paid, provided that the customer requests it within a period of 14 days. After this period, under no circumstance will the company refund the money paid for this activity, and shall provide a voucher, with no expiration date, to the customer of the value of the fee paid which they may use towards the same activity on a new available date, or a similar activity proposed by MADWAY.
– In the case of having begun an activity that then must be suspended for any of the causes expressed under the criteria of the responsible guide of the activity, there will be no reimbursement of the amount paid. To all intents and purposes, the activities begin upon meeting with the guide, who will try to carry out the activity in the most favorable conditions whenever possible. If possible a waiting period could be offer to the participants till the weather conditions improve or risk disappear.
7.5. Coupons and Gift Cards
– The coupons and gift cards, once bought and paid for by the customer, cannot be returned and will not be refunded for their original price.
– If the company cancels an activity for reasons beyond their control such as unfavorable weather conditions or lack of snow, it will come to an agreement with the customer to complete the activity on a new date, depending on availability, or a similar activity of same price.
7.6. Dates and Delays
MADWAY and their guides and instructors can not be held responsible for any delay, itinerary change or schedule change of the planned tour or other factors due to weather or terrain conditions, group safety or any other cause beyond MADWAY´s control. MADWAY acts in good faith and cannot be held responsible for these changes or delays which may affect the planned tour.
In the case of any delay or changes which affects third party services and flights (domestic and international), the customer is responsible for any additional costs incurred as a result of such delays and changes (i.e. additional hotel nights, meals, transfers, etc.), at the time provided. We, therefore, advise all customers to have comprehensive travel insurance to meet all contingencies.
8. APPLICABLE LAWS AND JURISDICTION
The parties recognize that the laws applicable under this contract are from Spain. The parties further agree to yield to the resolution of any controversy, conflict or claim arising from this contract to the courts and tribunals of Madrid, to take place in this location where the contract was signed, expressively waiving any other jurisdiction that could correspond to it.
All of the notifications, requirements, petitions and other communications that have taken place for the parties related to the Terms and Conditions shall be put in writing and will be considered duly effected when personally delivered, or submitted through postal mail, e-mail or any other address that the receiving party shall indicate to the sending one.
THIS TEXT WAS TRANSLATED AS A REFERENCE FROM THE SPANISH LEGAL AND OFFICIAL VERSION.