MagicalSpain‘s Ts & Cs
1.1. The following terms and conditions (Terms) as set out below will apply to all tour services provided by MagicalSpain (Magical Spain), such services will hereinafter be referred to as the MagicalSpain Tours. In these Terms, “we” “us” and “our” refer to MagicalSpain.
1.2. MagicalSpain reserves the right to add, withdraw, substitute and/or vary advertised routes, prices and departure times or make other alterations, amendments and cancellations to the MagicalSpain Tours without notice. However, reasonable effort will be made to maintain arrangements as advertised.
1.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any bookings placed through the Website. You agree to provide us with current, complete, and accurate details when asked to do so by the Website.
1.4. In certain circumstances, we may need to reject your booking request. This may happen where the Services are not available or if there is an error in the price or the description posted on the Website.
1.5. If we reject your booking request, then we will endeavour to notify you of that rejection at the time you place the booking request or within a reasonable time after you submit your booking request.
1.6. A booking is only considered accepted after receipt of an email confirmation from MagicalSpain.
1.7. Each booking placed through the Website that we accept results in a separate binding agreement incorporating these Terms between you and MagicalSpain for the supply of MagicalSpain Tours.
1.8. For each booking accepted by us, we will: a. supply the MagicalSpain Tour in that booking to you in accordance with these Terms; and b. provide you with an email confirmation of that booking.
1.9. MagicalSpain Tours or rights or entitlements to MagicalSpain Tours must not be offered for sale or resale, or resold or used for any commercial purpose, including without limitation promotion of any supplier or any supplier’s products or services, without MagicalSpain’s prior written permission.
- TOUR PRICES AND PAYMENT
2.1. All prices are quoted in the currency of the country you are visiting ie. £ GBP in the United Kingdom; € Euro for Italy, Spain, France etc and may be subject to change. In the case of mixed itineraries, we will advise you. We endeavour to ensure that our price lists are current and reserve the right to amend our prices at any time.
2.2. All prices are inclusive of IVA (VAT) & other relevant taxes unless otherwise stated.
2.3. All payments are to be made in the currency quoted to you.
2.4. MagicalSpain uses Stripe payment services for payment transactions. You will be bound by the terms, conditions, and fees described on the Stripe website in addition to these Terms. Please note that we do not store your credit card information on our server.
2.5. Payment is deemed to be confirmation that you have read and accepted these Terms.
- GIFT CERTIFICATES
3.1. Gift certificates will be sold either for a specific MagicalSpain Tour or for a specific amount. Gift certificates are non-refundable but transferable. Gift certificates must not be resold or used for any commercial purpose, including promotion of any supplier or any supplier’s products or services, without MagicalSpain’s prior written permission.
3.2. A gift certificate must be redeemed within 12 months from date of purchase and the Tour must take place within the following 12 months unless stated otherwise on the official gift certificate issued by MagicalSpain.
4.1. All Participants will be required to disclose to MagicalSpain prior to the commencement of the MagicalSpain Tours whether the Participant suffers from any medical condition or food allergies which may prevent the Participant from undertaking the MagicalSpain Tours. For tours involving food, the participant must inform MagicalSpain of any food-related allergies or preferences at time of booking.
4.2. The Participant acknowledges and agrees to participate in the MagicalSpain Tours at their own risk.
4.3. A MagicalSpain Tour Participant must:
4.3.1. prepare for the MagicalSpain Tour by bringing any items specified in the booking confirmation voucher; including adhering to site dress code regulations
4.3.2. accept the physical risks involved in the MagicalSpain Tour;
4.3.3. will not commence the MagicalSpain Tour if they are unfit or become unfit to participate in the tour by reason of ill health or injury;
4.3.4. be responsible for the safekeeping against loss and protection against damage of all personal effects of the Participant; and
4.3.5. have travel insurance covering cancellations, inability to travel or continue with the MagicalSpain Tour (for whatever reason), loss or damage to personal effects, medical, evacuation and repatriation expenses, and accidental death or disability. MagicalSpain will not be held responsible for any of the above or related expenses. All MagicalSpain Tours endeavor to begin exactly at the time specified by the confirmation letter, Tour Participants will need to come to the meeting point at least 5 minutes prior to the specified tour time. If the Tour Participant does make MagicalSpain aware of any delays or travel issues prior to the commencement of the Tour, MagicalSpain is under no obligation to provide a refund or replacement tour.
4.4 For clients who have not chosen to book end-to-end services with MagicalSpain, it is the client’s responsibility to arrive on time at the meeting point for the beginning of the tour/experience/transfer or any other service booked via MagicalSpain. Any associated additional late fee charges from our suppliers will be billed directly to you. For tours & experiences, these will run to the time booked and will not be extended if the client does not arrive on time.
4.5 While MagicalSpain will attempt to accommodate any last minute changes to itinerary and/or participant tardiness on the day of the service booked the Participant is responsible for any additional costs incurred including but not limited to transportation waiting time, additional guide cost, additional site entrance ticket purchase. Furthermore the Participant acknowledges that site entrance tickets are time sensitive and MagicalSpain may not be able obtain tickets for an additional day/time if they are sold out.
- CONDUCT AND SAFETY
5.1. Please take care of all your personal property. MagicalSpain will not be liable for any theft, loss or damage to the personal property of any Participant of a MagicalSpain Tour.
5.2. During the tour all Participants must obey the directions and instructions of the Guide, must not disturb other participants or interfere with the Guide’s ability to conduct the tour in a safe manner. Inappropriate language or behaviour towards the guide, supplier or other participant will result in the immediate stop of the tour or experience without a refund. Future services booked will also be cancelled without refund.
5.3. Each Participant is responsible for maintaining their safety at all times. By agreeing to take part in the MagicalSpain Tour, you are agreeing to exercise due care and attention for the duration of the MagicalSpain Tour.
5.4. MagicalSpain may, at its discretion, exclude any Participant from the MagicalSpain Tour if MagicalSpain deems his or her conduct to be offensive or a nuisance to other participants or should circumstances be deemed to compromise tour or guide/supplier/public/participant safety. The participant will not be able to participate in any other MagicalSpain services booked and will not be entitled to a refund.
- CANCELLATION POLICY UPDATE MAGICAL SPAIN
6.1 COVID-19 UPDATE
If you are unable to participate in your tour due to COVID-19 travel restrictions or COVID-19 related health issues which prevent you from travelling from your home country, you will be able to choose one of the two following options:
(a) A credit to be redeemed against any tour or service at any stage in the future (no expiry)
(b) a full refund less any non-refundable tickets/services/experiences/accommodation already purchased on your behalf.
If you contract COVID-19 during your tour please see 6.6
REGULATION CANCELLATION POLICY
Cancellation by MagicalSpain
6.2. MagicalSpain may cancel a tour if the weather makes the participation in the MagicalSpain Tour unsafe or for any other reason at MagicalSpain’s sole discretion. Weather conditions that may be inclement however are not unsafe by MagicalSpain will mean that the tour will run.
6.3. Should a MagicalSpain Tour not proceed, then participants will either be re-booked at the earliest possible time taking into account available times, or be issued with a refund voucher in the case of purchases bought through an agent
6.4. The relevant party who has sold the tour to the Participant will make all reimbursements
6.5 MagicalSpain reserves the right to cancel any tour where the participant/s show any type of abusive or inappropriate behaviour towards MagicalSpain guides, suppliers, staff members, other participants or general members of the public. Under these circumstances, MagicalSpain will not issue any refunds for the tour where the incident occured or future MagicalSpain services booked.
6.6 If any participant falls ill for any reason during the course of a MagicalSpain tour and is unable to continue, MagicalSpain will attempt to make alternative arrangements to assist the participant however is under no obligation to do so. As per the terms laid out in 7.3 the participant is not entitled to a refund for the services that he/cannot participant in & will need to make a claim with their insurance company.
Cancellation by you
6.7 The below cancellation policy applies to all reasons for cancellation of tours & services including & not limited to personal & force majeure events (with the exception of COVID-19 as outlined in 6.1)
6.8 You may cancel up to twenty-one (21) days prior to the service date and receive a full refund less + any tickets/events/third-party services already purchased on your behalf + 999€ administrative fee.
6.9 For cancellations between thirteen (13) and eight (8) days in advance of the date and time of the tour you will receive a 70% refund less any tickets/events/third-party services already purchased on your behalf + 999€ administrative fee.
6.10 For cancellations within seventy-two (72) hours & seven (7) days of the tour start date & time you will receive a 50% refund less any tickets/events/third-party services already purchased on your behalf + 1500€ administrative fee.
6.11 For cancellations 72 hours prior to the tour date & time there will be no refund.
6.12 Vehicle, transfer, boat or any other service booked with MagicalSpain are subject to the same terms as tours.
6.13 All cancellations need to be emailed to:
If you do not receive a response within 48 hours, please contact us on:
- LIMITATION OF LIABILITY
7.1. You acknowledge that to the extent permitted by law, MagicalSpain will not be subject to, nor incur, and you release MagicalSpain from, any loss, claim, action, or liability for consequential loss or damage to you or any third party, including any loss of business, revenue, profits, non-delivery, conduct or things done, permitted or omitted in relation to providing of the MagicalSpain Tours no matter how caused. Further, but only to the extent permitted by law, MagicalSpain will not be responsible for loss or damage arising from any negligent act or omission of MagicalSpain or any person for whom MagicalSpain is responsible.
7.2. You acknowledge that any statement made by MagicalSpain in relation to the MagicalSpain Tours are made in good faith to assist you and MagicalSpain will not be bound or held to those representations whatsoever.
7.3. MagicalSpain will not be liable for any illness, injury or death sustained on a MagicalSpain Tour by reason of a Participant’s medical condition. Travel insurance is the responsibility of each Participant and is required to participate in a MagicalSpain tour. MagicalSpain is under no obligation to view or check the appropriateness of this insurance policy prior to the tour commencing. The Participant accepts that if he/she falls ill during the tour, he/she will not receive a refund from MagicalSpain but will need to make an insurance claim directly with their insurance company. If a Participant has any specific food or drink related allergies, mobility issues or any other health or medical concerns the Tour Participant must make MagicalSpain aware of these at time of booking. MagicalSpain will not be responsible for, and the Participant releases MagicalSpain from, any liability arising out of any medical condition suffered by the traveller during the MagicalSpain Tours or as a consequence of the MagicalSpain Tours.
7.4. MagicalSpain is also not liable for any loss, damage or inconvenience arising from or incidental to any delay in the scheduled Tour taking place.
- WARRANTIES & DISCLAIMER
8.1. You acknowledge that to the maximum extent permitted by law ; all implied conditions and warranties regarding the provision of MagicalSpain Tours under these Terms are excluded. MagicalSpain’s liability in relation to any non-excludable conditions or warranties is strictly limited to (at MagicalSpain’s option) either delivering the services again, or paying the cost of providing similar services again. In any event, MagicalSpain’s total liability under this Agreement (including for loss or damage, compensation for distress, disappointment and loss of enjoyment) will be limited to the amount of the tour price actually paid by the Participant to MagicalSpain.
8.2. MagicalSpain is not responsible for the actions, defaults or negligence of any travel or accommodation providers it engages for the purposes of the MagicalSpain Tours. Participants should direct all claims to those providers and be aware that they are bound by the conditions of travel or accommodation imposed by those providers.
9.1. The Participant indemnifies and holds harmless MagicalSpain and its officers, employees and suppliers against all actions, proceedings, claims, demands, expenses and costs (including legal costs on a full indemnity basis and whether incurred by or awarded against MagicalSpain) as a result of, or arising in relation to, whether directly or indirectly, the Participant booking or participating in the MagicalSpain Tour or any act or omission by the Participant in relation to the MagicalSpain Tour.
9.2. Where an agent on behalf of MagicalSpain enters into a sale, booking, or any other transaction then that agent shall indemnify MagicalSpain for any loss, damage or expense incurred by MagicalSpain as a result of any misrepresentation, breach of contract or act of negligence by the agent.
- MODEL RELEASE
10.1. All Participants acknowledge and agree that MagicalSpain is expressly authorised to take photographs of the Participants during the tour and utilise such photographs for the purposes of advertising and promoting the tour, including but not limited to being displayed on the Website.
11.1. Participants are bound by these Terms by booking in their own right or having a booking made on their behalf by another person from the time of booking.
11.2. These Terms are the complete and conclusive statement of the agreement between you and MagicalSpain in relation to the MagicalSpain Tours provided by MagicalSpain to You. These Terms may not be varied, amended, waived, altered, supplemented, modified or added to, without the express written agreement of MagicalSpain. For the avoidance of doubt, to the extent of any inconsistency between these Terms and the MagicalSpain general Terms and Conditions, these Terms will apply.
11.3. These Terms shall take effect and be construed in all respects in accordance with the laws of Spain. MagicalSpain and each Participant irrevocably submit to the jurisdiction of Spain for all proceedings arising in connection with these Terms.