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Terms and Conditions

Montaraz Outdoors & Culture S.L.

Last updated: [01.07.2025]

1. Legal Framework and Consumer Protection

These Terms and Conditions govern all services provided by Montaraz Outdoors & Culture S.L., a legally registered company in Spain specializing in active and nature-based tourism.

We operate under the legal framework of:

πŸ”΅ Real Decreto Legislativo 1/2007, on consumer protection in package travel

πŸ”΅ Applicable regional tourism laws

πŸ”΅ Relevant health and safety regulations for active tourism in Spain

This law provides key protections for travellers, including:

πŸ”΅ The right to clear pre-contractual information

πŸ”΅ Protections in the event of modifications or cancellations

πŸ”΅ The right to receive assistance during the trip if difficulties arise

πŸ”΅ Refund rights in case of insolvency or force majeure

Our services β€” including custom itineraries and package tours β€” comply with these legal requirements. Full details of your specific contract will be shared before confirmation, and any individual cancellation or change conditions will be agreed upon in writing.

This legal framework is aligned with Directive (EU) 2015/2302 on package travel and is enforced in Spain via the above Real Decreto. Clients are entitled to protections as established by this regulation and any applicable regional tourism laws.

By booking with us, you accept these terms in full.

2. Booking Process and Payment

By confirming your booking and/or making a payment, you agree to the Terms and Conditions of Montaraz Outdoors & Culture S.L. These conditions govern your rights and responsibilities as a participant, including cancellation terms, payment schedule, and safety obligations.

Steps to Confirm Your Trip for Tailor-Made Tours and tours available on our website.

1. Review Your Custom Itinerary,

Take a moment to carefully review the personalized itinerary we’ve prepared for you, including destinations, accommodations, activities, and services.

2. Request Any Final Changes,

Let us know if you’d like to make any adjustments to the itinerary. We’ll fine-tune everything until it’s exactly how you want it.

3. Confirm Your Tour Package,

Once you're happy with the proposal, send us a confirmation via email or through our booking platform. We hold the Travel & Tour Proposal for 15 days with no obligation.

4. Detailed Information on Payment and Cancellation Terms

The cancellation conditions are not standard but are individually agreed upon between Montaraz and the client. This agreement becomes legally binding by confirming your booking and/or making a payment. The agreed cancellation terms are established in accordance with applicable legal provisions, in particular:

πŸ”΅ Royal Legislative Decree 1/2007 (Spanish legislation on consumer rights related to package travel)

πŸ”΅ Directive (EU) 2015/2302 on package travel and linked travel arrangements

5. Pre-reservation

Upon acceptance of the travel proposal, you will receive a pro forma invoice detailing all aspects of the trip and the payment terms. This pro forma invoice serves as a preliminary confirmation of your booking. To make your booking final, we require a deposit of 20% (for example), depending on the agreed terms, of the total amount to be paid within 15 days of receiving the pro forma invoice. If the deposit is not received on time, the travel proposal will be automatically canceled without further notice. After receiving the deposit, you will receive a final booking confirmation by email. At that point, your holiday is officially booked.

6. Make Your Initial Payment

The remaining balance must be received in our account (depending on the terms) no later than X weeks before departure. You will receive a reminder with the payment details in due time.

7. Receive Booking Confirmation

Once we receive your payment, we’ll confirm all bookings (accommodation, transport, guides, etc.) and send you a confirmation email with the finalized details.

8. Prepare for Your Trip

We’ll provide you with a pre-departure travel pack, including helpful tips, documents, and contact details. You're all set to enjoy your adventure!

Liability Waiver Form

Each traveler must return the signed liability waiver form before departure. This form confirms participation at one's own risk and releases the organization from liability in the event of accidents or damage caused by the traveler's own actions.

Recommended: Travel and Cancellation Insurance

We recommend taking out travel and cancellation insurance with a reputable insurer. This covers unforeseen circumstances that may require you to cancel or interrupt your trip.

3. Cancellation Policy

By the Client:

Cancellations must be made in writing (email accepted).

Cancellation fees may apply based on the custom agreement reached between Montaraz Outdoors & Culture S.L. and the client.

All cancellation conditions are contractually agreed upon and are legally binding once you confirm your booking and/or make a payment, you agree to the Terms and Conditions of Montaraz Outdoors & Culture S.L. These conditions govern your rights and responsibilities as a participant, including cancellation terms, payment schedule, and safety obligations.

By the Agency:

We may cancel a tour due to:

πŸ”΅ Force majeure (natural disasters, extreme weather, strikes, etc.)

πŸ”΅ Insufficient bookings (if a minimum number of participants is required)

πŸ”΅ Safety concerns. In such cases, we will offer:

A rescheduled date or a full refund of the amount paid

4. Requirements for Participation

Clients must be in adequate physical condition for the chosen activity (e.g. hiking or cycling).

You must inform us of medical conditions, allergies, or mobility issues that may affect your participation.

We reserve the right to deny participation if safety is at risk.

Minimum age and skill levels may apply to some tours.

5. Liability and Risk Acceptance

All participants must sign a Liability Waiver Form before joining the activity.

Participation is at your own risk.

We are not liable for accidents, injuries, or losses caused by participant negligence or unforeseen external factors.

We operate under the active tourism safety standards of Spanish regional law.

6. Travel and Cancellation Insurance

We strongly recommend that clients purchase a travel and cancellation insurance policy through a recognized provider. This may cover:

πŸ”΅ Cancellations due to illness or emergencies

πŸ”΅ Accidents during activities

πŸ”΅ Loss or damage to personal belongings

7. Changes to the Program

Due to the nature of outdoor and active tourism, changes may occur due to:

πŸ”΅ Weather conditions

πŸ”΅ Trail or site closures

πŸ”΅ Group fitness level or safety issues

In such cases, we reserve the right to modify the itinerary, always providing an equal or better alternative when possible.

8. Customer Responsibilities

Due to the nature of outdoor and active tourism, changes may occur due to:

πŸ”΅ Weather conditions

πŸ”΅ Trail or site closures

πŸ”΅ Group fitness level or safety issues

10. Applicable Law and Jurisdiction

All services and contracts are governed by Spanish law.

In case of disputes, both parties submit to the courts of Granada, waiving any other jurisdiction.

11. Waiver of liability form (required by law for adventure activities)

WAIVER OF LIABILITY AND ASSUMPTION OF RISK

Montaraz Outdoors & Culture S.L.

CIF: B22519391

C/ Santa Teresa 21, 18194 Churriana de la Vega (Granada)

Assumption of Risk

I understand and acknowledge that participation in activities organized by Montaraz Outdoors & Culture S.L. involves inherent and unavoidable risks that may result in injury, illness, property damage, or even death. These risks include, but are not limited to, those associated with, for example:

Trekking & Hiking

Slips, trips, and falls on uneven, rocky, steep, or slippery terrain

Exposure to sudden changes in weather, sun, wind, or high altitude

Encounters with animals, insects, or plants

Mountain Biking / Gravel Biking / Road Biking / Touring

Falls, collisions with obstacles, vehicles, or other participants

Mechanical failure or equipment malfunction

Physical strain, dehydration, and overexertion

Riding on public or unpaved roads with varying levels of traffic and difficulty

Cultural Tours & Road Trips

Travel in vehicles on winding or narrow roads

Delays due to road conditions or local factors

Walking on uneven urban or rural surfaces

Visits to historical sites, villages, or natural areas with limited accessibility

I acknowledge that these risks may be present even with proper planning and guidance, and I freely and voluntarily accept full responsibility for all risks arising from my participation in any activity organized by the company.

A detailed itinerary or description of the specific activities for each trip will be provided in advance. By signing this waiver, I confirm that I understand the nature of the activities I am undertaking and the risks involved.

Health Declaration

I certify that I am physically fit to participate in the chosen activity and have no medical condition that would endanger myself or others. I have informed the organizer of any relevant medical issues, allergies, or medications.

Liability Waiver

I hereby release and discharge Montaraz Outdoors & Culture S.L., its guides, staff, partners, and subcontractors from any and all liability for loss, damage, injury, or expense arising from participation in the activity, except in cases of proven negligence.

This includes liability arising from:

Accidents or injuries during the activity

Delays or changes due to weather or third parties

Loss or damage to personal property

Participant Responsibilities

I agree to:

Follow all safety instructions given by guides

Use the required equipment properly

Do not participate under the influence of alcohol or drugs

Act responsibly and respectfully toward the environment and others

Minors (Participants Under 18 Years Old)

Participants under the age of 18 may only take part in activities organized by Montaraz Outdoors & Culture S.L. with the express written consent of a parent or legal guardian.

The undersigned parent or legal guardian:

πŸ”΅ Certifies that they are legally authorized to sign on behalf of the minor

πŸ”΅ Confirms that the minor is physically and mentally fit to participate

πŸ”΅ Has reviewed the full content of this waiver, including the risks described

πŸ”΅ Accepts all risks and waives liability on behalf of the minor

πŸ”΅ Agrees to accompany the minor or ensure they are under responsible adult supervision during the activity, as required

By signing this waiver, I voluntarily assume full responsibility for the participation of the minor and release Montaraz Outdoors & Culture S.L. from any liability arising from their participation, except in cases of gross negligence or willful misconduct.

Signature Section (example)

Name of Minor: ______________________________

Date of Birth: ______________________________

Name of Parent/Guardian: ______________________________

ID / Passport Number: ______________________________

Relationship to Minor: ______________________________

Signature: ______________________________

Date: ______________________________

Jurisdiction

This document shall be governed by Spanish law. Any disputes shall be resolved in the courts of Granada (Spain).

I HAVE CAREFULLY READ THIS LIABILITY RELEASE FORM AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS.