Terms and Conditions

Nerja Experiences Terms and Conditions

Last updated:(2-06-2018)

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using thehttp://www.nerja-experiences.com/website operated byNerja Experiences.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

Conditions of Use

We will provide their services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.

 

Privacy Policy and Cookie Policy

Please refer to ourPrivacy PolicyandCookie Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

 

Communications

The communication with us is electronic or by phone. Every time you call, send us an email, or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails or call you with the number you provided. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

 

Comments, Reviews, and Emails

Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation.

We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant [name] non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.

 

License and Site Access

We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us.

 

User Account

If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.

We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.

 

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, (depending on your payment choice) your credit card number, the expiration date of your credit card, your billing address, e-mail and your phone number.

 

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.

 

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled byNerja Experiences.

Nerja Experienceshas no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree thatNerja Experiencesshall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

BOOKING AGREEMENT

A booking is confirmed and these Terms and Conditions shall apply when Nerja Experiences have received the payment from the client and the client has received written confirmation from Nerja Experiences of such booking. The client confirming the booking must be 18 years of age and above and agrees to provide full, complete and accurate information as requested by Nerja Experiences to confirm the booking. Any client confirming a booking on any experience with more than one client named and booked on such booking represents and warrants to Nerja Experiences that:

  1. i) They have all requisite consents and authority to make such a booking on behalf of all other clients named on the booking, and have communicated all necessary information to the other clients in order for them to give free and fully informed authorization to do so.
  2. ii) The information that they have provided regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with Nerja Experiences for the purposes of completing the booking.

 

CANCELLATION POLICY

A client may cancel their booking by notifying Nerja Experiences. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by Nerja Experiences and are expressed hereinafter as a percentage of the total price paid for the cancelled experience.

(a) Cancellation received until 8 days before the experience starts: No Cancellation Fee will be charged

(b) Cancellation received 7 days before the experience starts: 50% Cancellation Fee will be charged

(c) Cancellation received  6 days or less before the experience starts: 100% Cancellation Fee will be charged

(e) Tailor-made experiences may be subject to alternative cancellation terms, which will be communicated to applicable clients at the time of booking.

 

TRAVEL INSURANCE

Nerja Experiences does not provide travel insurance therefore it is the client own responsibility to obtain travel insurance from their home country with the recommended coverage of medical, cancellation and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client, covering all applicable dates of any booked experience with Nerja Experiences. The cost of the experience does not include any insurance coverage for the client.

 

MEDICAL CONDITIONS

Clients are responsible for assessing their own suitability and capability to participate an experience with us. Clients should consult their physician regarding their fitness for taking part in the booked experiences.

 

SPECIAL REQUIREMENTS

Nerja Experiences will strive to accommodate the special requests of clients, including (without limitation) dietary and accommodation requests, but such requests do not form part of these Terms and Conditions or the contract between the client and Nerja Experiences is not liable for any failure to accommodate or fulfill such requests.

 

CANCELLATION OF AN EXPERIENCE WITH NERJA EXPERIENCES AND THIRD PARTIES

If an experience is cancelled by Nerja Experiences before the agreed date of departure for reasons not arising from the fault or negligence of or within the reasonable control of the client, the client shall have the choice of:

accepting from Nerja Experiences the same experience on another date, where such substitute is reasonably available; or

accepting from Nerja Experiences a refund that was already paid for the cancelled experience.

Nerja Experiences is not responsible for any incidental expenses or consequential losses that the client may have incurred as a result of the cancelled booking such as non-refundable flights or rail, nonrefundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. Nerja Experiences reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where after departure a significant element of the experience as described cannot be provided, Nerja Experiences or the third party who organises the experience will make suitable alternative arrangements for the continuation of the experience. If it is not possible to provide a suitable alternative or the client reasonably rejects any suitable alternatives, Nerja Experiences will provide the client a refund of the unused experience.

 

CANCELLATION OF AN EXPERIENCE BY THE CLIENT

If the client is prevented through reasons completely beyond such client’s control from proceeding with an experience as booked the client may, if possible, transfer his/her experience booking to a person who satisfies all the conditions applicable to the experience, provided that the client gives notice to Nerja Experiences of the client’s intention to transfer no less than 1 day before the date when the experience is due to take place. Where such a transfer is made, the transferring client and the transferee client shall be jointly and severally liable to Nerja Experiences for payment of the price of the experience (or, if part of the price has been paid, for payment of the balance). For private experiences, Nerja Experiences can also reserve the experience for a client should they decide to postpone the experience to a later date. The client however will be responsible for paying cancellation fees as per the cancellation policy and also for any unforeseen extra costs which arise until the client does the experience at a later date.

 

CANCELLATIONS AND CHANGES

The client acknowledges by booking an experience with Nerja Experiences requires considerable flexibility and acknowledges that they will permit reasonable alterations to the experience and/or itinerary by Nerja Experiences. The client acknowledges their understanding that the route, schedules, timings, accommodations, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the experience will be operated, events emanating from political disputes, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of Nerja Experiences and that Nerja Experiences is not liable to any client for such changes or amendments.

Nerja Experiences shall not be liable to pay any discounts or refunds for missed or unused services which were missed or unused by the client due to no fault of Nerja Experiences, its suppliers, or representatives, which shall include any termination of the client’s participation in the experience due to the client’s own fault, negligence or breach of these Terms and Conditions.

Although Nerja Experiences will strive to ensure that the experience you have booked goes as planned, we do not guarantee that we will abide by the agreed experience itinerary and we therefore reserve the right to amend the experience itinerary where doing so may be necessary or advantageous. We will strive to notify you of any changes prior to the experience. However, Nerja Experiences is not obligated to do so, nor shall not be liable to pay any refunds that may be claimed to result from such changes. Nerja Experiences is not in control of the management of the accommodation providers we use on our experiences. Therefore, in some circumstances we may be notified by our accommodation providers that our reserved accommodation is no longer available, due to reasons that are beyond our control, and not the fault or negligence of Nerja Experiences. In such circumstances we will provide alternative accommodation of at least the same standard or higher standard.

Where it may be absolutely necessary to amend the experience itinerary during the experience, the guide/experience host will arrange the best available alternative. The decision to do so will rest on the guide/experience host and his/her decision is final. This is mainly applicable but not limited to active experiences where the guide/experience host believes the client is not able to continue with the experience due to illness, injury, extreme weather, or other factors beyond the guide’s/experience host’s control.

 

COMPLAINTS

Client agrees to bring any complaints regarding an experience to Nerja Experiences as soon as possible in order to provide Nerja Experience with the opportunity to address such complaint properly. Client agrees to inform the head guide/experience host or other designated Nerja Experiences representative at the earliest opportunity. Nerja Experiences assumes no liability for complaints that are not properly brought to the attention of Nerja Experiences with sufficient notice to resolve or attempt to resolve any client complaints. Any complaint made after the completion of an experience must be received in writing by Nerja Experience within 30 days of the end of the experience in question.

 

THIRD PARTY SUPPLIERS

Nerja Experiences makes arrangements with activity providers/guides/experience hosts and other independent parties (“Third Party Suppliers”) to provide you with the experience services and other services you purchase or which form the component parts of your product experience. Although Nerja Experiences takes all reasonable care in selecting Third Party Suppliers, Nerja Experiences is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions.

To the fullest extent permissible by law, Nerja Experiences is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than Nerja Experiences and its employees.

 

IMAGES AND MARKETING

The client agrees that while participating in any Nerja Experiences experience, images, photos or videos may be taken by other clients and/or Nerja Experiences representatives or Guides/experience hosts that may contain or feature the client in part or in whole. The client acknowledges that they consent to any such images, photos and videos being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to Nerja Experiences, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the client or compensation payable to the client. If the client wants to be excluded from the images, photo’s or videos, he or she must express his or her preference before the experience to the guide/experience host and other clients that participate.

 

LIABILITY

Nerja Experiences and third party suppliers are not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the experiences, or a force majeure event.

Nerja Experiences shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in an experiences. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible at all times for their own effects and belongings. Nerja Experiences cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by Nerja Experiences such as accomodations, vessels, expedition vehicles, or any other mode of transportation.

 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Nerja Experiences its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Nerja Experiences ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Nerja Experiences or any person for whom Nerja Experiences is responsible, and even if Nerja Experiences has been advised of the possibility of such loss or damage being incurred.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least15days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

Contact Us

If you have any questions about these Terms, please contact us by e-mail: info@nerja-experiences.com or contact formhere.