TERMS & CONDITIONS
Encuentros – Culture. Conversation. Paella., LLC d/b/a Spain Prep
Terms and Conditions
Last Updated: February 20, 2015
The services provided by Encuentros – Culture. Conversation. Paella., LLC d/b/a Spain Prep (“Spain Prep”) are governed by the terms and conditions set forth herein (“Agreement”) and customer who may be the traveler or authorized representative acting on behalf of the traveler (“Traveler”) agree to be bound by such terms upon accessing this website, requesting information, booking a trip, or using services of Spain Prep. These terms or Agreement may be changed at any time or discontinued without notice to user of website, customer of Spain Prep or other parties who have viewed or acted in reliance of these terms. All changes will appear in this Agreement and users are encouraged to review the terms periodically for such changes. Use of this website and services of Spain Prep constitutes consent to this Agreement as modified. Spain Prep also reserves the right to deny access to this website or any features of the website. This website is intended for use by those person’s over the age of thirteen (13).
General
Spain Prep is a company that creates customized travel itineraries, arranging accommodations, tours, transportation and other activities and experiences.
Booking a Trip with Spain Prep
Travelers may secure their trip with Spain Prep by submitting a deposit in the amount of 50% the total cost of the trip. This deposit is NOT refundable. Traveler’s trip will not be reserved until deposit is received. The remaining 50% balance will be due no later than 90 days prior to the trip. If final payment is not received 90 days prior to the trip, the reservation will be treated as a cancellation and the deposit will be forfeited. Prices are subject to change until all payments are made in full and subject to processing of all required documentation such as third party agreements. Some charges are subject to change after final payment and typically include, but are not limited to cost of fuel, taxes, exchange rates and similar fees.
Any charges incurred by Traveler or on behalf of traveler including but not limited to charges incurred via credit card, debit card, or other payment method, are due and payable to Spain Prep including without limitation charges incurred by minor Traveler’s using card holder’s credit or debit card. Third parties connected to Traveler are responsible for supervision and liable for use of payment methods by Traveler. Spain Prep is not liable for any fraudulent claims or charges.
Third Party Providers
Spain Prep offers a variety of travel services and works with service providers (“third party providers”) to bring Traveler the best travel experience possible. Spain Prep is an independent company and is not engaged in a joint venture, partnership, or employed by third party providers. In addition to this Agreement, providers use their own terms and conditions that are applicable to all arrangements booked by Spain Prep. Traveler has the right to review such terms prior to booking a trip. Booking a trip with Spain Prep may require Traveler to agree to all terms and conditions of third party providers. Spain Prep is not liable for any costs or fees incurred as a result of a third party agreement.
Although Spain Prep chooses its third party providers carefully, Spain Prep does not endorse or warrant any third party providers and disclaims all liability resulting from any acts of such providers resulting in loss, injury or harm to Traveler.
Spain Prep does not guarantee, and may not be held responsible or otherwise liable for, any third party Provider rates, bookings, reservations, connections, scheduling, services, security, facilities, protection of personal belongings or any other acts of third party providers. Furthermore, Spain Prep assumes no responsibility or liability for overbooking, cancellation or delays for hotels, airlines or Provider activities.
By choosing to travel with Spain Prep or utilizing information provided by Spain Prep regarding travel, Traveler assumes any and all risk associated with such travel.
Travelers Under 18 Years of Age
Due to heightened security, many countries have adopted practices to prevent international abductions of children. If a child will be traveling with adults other than the legal guardian or with only one of multiple legal guardians it is recommended that a notarized letter be written by the legal guardians or non-traveling legal guardian granting authorization to travel, including the dates of travel. Spain Prep suggests the appropriate consulate and airlines are consulted because they may have additional requirements or recommendations.
Travel Requirements
It is the responsibility of the Traveler to ensure all details on travel documents are accurate. Any loss of travel documents are not the responsibility or liability of Spain Prep and all such documents should be safely guarded upon travel.
It is the responsibility of all Travelers to obtain the appropriate visa, passport and other applicable travel documentation required for travel.
Travel Advisories
Prior to departing, all Travelers are recommended to view any and all U.S. Government’s advisories applicable to the destination. Spain Prep suggests visiting the U.S. Department of State website. Spain Prep is not responsible to inform Travelers of any travel advisories and does not warrant against any dangers that may occur in destination country.
Traveler hereby releases Spain Prep from any and all travel requirements, travel precautions, safety and security measures, sanitation conditions, telecommunications, facilities, services and any and all other risks possibly encountered during the duration of travel which is outside the control of Spain Prep, including any service, facility, transportation or other materials/services provided by a third party Provider.
Spain Prep strongly encourages Travelers to obtain travel insurance.
Travel Documentation and Country Entrance Requirements
It is the responsibility of the Traveler to secure proper travel documentation such as passport, visas, and to meet any other country entrance requirements. Spain Prep is not responsible if Traveler is refused access to a country due to improper documentation. Due to changing requirements, Spain Prep encourages Travelers to visit the Department of State website for applicable requirements. Spain Prep may attempt to answer questions regarding country requirements, but due to changing laws, Spain Prep is not liable for any information provided.
Pricing Policy
All vacation prices are based on rates (reflecting foreign exchange rates) known at the time of publication and expected to be in effect at the time of departure, and do not include airfare except where noted on specific itineraries.
Changes or Cancellation of Services
Spain Prep reserves the right to cancel or postpone the trip due to unforeseen reasons or if the minimum required number of Travelers is not reached at least 90 days before the trip’s commencement date. Additionally, the itinerary provided, although in general reflects accurately the tour, Spain Prep reserves the right to change the itinerary or tour arrangements in the event that weather conditions may endanger the SAFETY of our Travelers or for any other unforeseen reason. Spain Prep is not responsible for refunding paid services that are not used by the Traveler or payments made to other tour companies and operators.
Travelers may cancel their trip, but will be subject to cancellation policies and fees. Cancellations due to medical reasons can only be covered by a travel insurance carrier. Spain Prep strongly advises all Travelers to purchase travel insurance for protection in the event reservations need to be cancelled. Additionally, no refund will be made for any unused portion of the tour or vacation.
Privacy Policy
Spain Prep will only collect the Personal Information, as defined below, which is needed to fulfill travel requests and/or our legitimate business objectives, as set forth in this Privacy Policy, and will keep it no longer than is necessary to fulfill such purposes and objectives. Spain Prep will never distribute or sell Traveler data.
Personal Information is information that directly or indirectly identifies a particular individual, such as name (first and surname together), email address, postal address and/or phone number. Travelers purchasing services by Spain Prep will be required to provide additional information such as a valid credit card number, expiration date and billing addresses (collectively, “Personal Information”). Such information is requested to process transactions, communicate with Travelers and other related use regarding services provided by Spain Prep. Spain Prep does not collect any Personal Information unless provided voluntarily.
If Personal Information is shared with Spain Prep, it will generally take the form of either travel registration through the purchase of services either in-person, over the phone or electronically.
If Personal Information is provided about other Travelers, the Traveler providing the information must obtain consent prior to disclosure of such information. By providing Personal Information of any third party, Traveler represents that Traveler has authority and/or have obtained consent from such person to allow collection of Personal Information by Spain Prep.
Security measures are taken to protect your Personal Information from unauthorized access, misuse and disclosure. Although every effort is taken to protect Personal Information, Spain Prep cannot guarantee the safeguarding of such information nor take liability for any interception, theft or any other misuse. By providing Personal Information, Travelers and those acting on behalf of Traveler, acknowledge that such misuse could occur and Spain Prep is not liable for any misuse of Personal Information.
This website is not intended for person’s under the age of eighteen (18). Personal Information is not knowingly collected from any child under the age of thirteen (13).
By requesting information or services from Spain Prep, authorization is given to obtain Personal Information and to provide Personal Information to third party providers deemed necessary to provide the service requested and information required to secure the requested information or services. Although Spain Prep engages trusted third party providers, Spain Prep is not liable for any misuse of Personal Information by third party providers or failure of third party providers to protect the privacy of Personal Information. Upon request, Spain Prep will disclose what Personal Information is shared with third party providers and identify such third party providers. Personal Information is never sold or shared with unrelated third party providers.
Warranties and Disclaimers
Use of the website, materials and services of Spain Prep and other services provided on behalf of Spain Prep is provided “As Is” without any warranties. Use of this website, materials and services of Spain Prep and other services provided on behalf of Spain Prep is at the user’s risk.
Traveler or authorized representative of Traveler (i.e. parent or legal guardian) represents and warrants that (i) Traveler is of sufficient age to use the services of Spain Prep and can create binding legal obligations in connection with such use, or parent and/or legal guardian is legally authorized to act on behalf of Traveler and accept these terms and conditions on their behalf, and (ii) the information supplied by Traveler, authorized representative, or members of Traveler’s group is true and correct. Traveler is responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. Traveler understands that Traveler or authorized representative is financially responsible for all travel booked with Spain Prep including travel booked on behalf of other Travelers.
Spain Prep acts only as an agent for the transportation companies, accommodations & third party providers. Spain Prep does not accept any responsibility for injuries, damages, accidents, losses, delays, theft, quarantine, customs regulations, strikes, weather hazards, political unrest, changes in itineraries, deportation or refusal of entry by Immigration Authorities resulting from improper travel documents, possession of unlawful items or irregularities that may be caused to person or property. Any losses and/or expenses incurred are the responsibility of the Traveler. All proper travel documentation is the sole responsibility of the passenger.
Assumption of Risk
All risk is assumed by users of this website and customers of Spain Prep including but not limited to Traveler, legal guardians acting on behalf of traveler, and other similar persons issuing consent for traveler. Waivers and assumptions of risk may be separately executed for the benefit of Travelers and those connected to Traveler advising of risks specific to certain trips. Such terms do not supersede the terms herein, but act to expand the general understanding and agreement between Travelers, those connected to the Traveler and Spain Prep. This Agreement will govern in the event of any conflict.
Limitation of Liability
Spain Prep disclaims all liability for any and all damages, losses or harm arising from use of the Spain Prep website, including, but not limited, damages, losses or harm resulting from misuse of Personal Information. If dissatisfied with the terms and conditions set forth herein, user’s sole and exclusive remedy is to discontinue use of the site and not seek services from Spain Prep.
Spain Prep does not guarantee, is not responsible and is not otherwise liable for third party providers contracts, agreements or covenants, including but not limited to rates, reservations, cancellations, scheduling changes, services, security of personal or real property, facilities, and any other loss or damage arising from third party providers.
IN NO EVENT SHALL SPAIN PREP, AFFILIATES, AGENTS, LICENSORS, SUBCONTRACTORS, OR THIRD PARTIES ACTING ON BEHALF OF SPAIN PREP, BE LIABLE FOR ANY CAUSE OF ACTION WHATSOEVER EXCEEDING THE TOTAL AMOUNT PAID TO SPAIN PREP, OR FOR ANY OTHER DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER SUCH INDIRECT DAMAGES, LOSS OF PROFITS, BUSINESS OR DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF ALTERNATIVE GOODS OR SERVICES, OR ANY DAMAGES OF ANY TYPE OR NATURE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, EVEN IF PREVIOUSLY ADVISED OF SUCH DAMAGE, WHETHER CLAIM IS BASED IN CONTRACT, WARRANTY, INDEMNITY, FITNESS FOR A PARTICULAR PURPOSE OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE.
Indemnification
Traveler hereby agrees to defend, hold harmless and indemnify Spain Prep, including affiliates, employees, agents, licensors, subcontractors, successors, assigns and third parties acting on behalf of Spain Prep, from and against any threats, liabilities, damages, losses, settlements and judgments, including attorney and court fees and all other costs and expenses which may be incurred by any and all reason of loss or damage to property, misrepresentation or breach of warranty, nonfulfillment of any covenant or agreement, claims by any third party, all costs associated with any and all suits, proceedings, hearings, investigations, charges, complaints, claims, demands, injunctions, judgments, taxes, liens, expenses and fees, trademark, intellectual property or material infringement upon the rights of a third party, or by reason of injury or death of any person, directly resulting from or caused by the negligent acts or omissions of the Traveler or person acting on behalf of Traveler based in whole or in part upon the Traveler’s participation in Spain Preps services. Notwithstanding the foregoing, if the act or omission of Spain Prep is a factor contributing to any claim for which Spain Prep seeks indemnity hereunder, the respective liabilities of the party to one another regarding such claim shall be in proportion to the relative fault of the parties.
Assignment
No assignment of this Agreement shall be permitted by Traveler.
Severability; Provisions Subject to Applicable Law
All provisions of this Agreement shall be applicable only to the extent that they do not violate any applicable law, and are intended to be limited to the extent necessary so that they will not render this Agreement invalid, illegal or unenforceable under any applicable law. If any provision of this Agreement or any application thereof shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of other provisions of this Agreement or of any other application of such provision shall in no way be affected thereby.
Termination
Spain Prep reserves the right, in its sole discretion, and without liability, to terminate any and all services, with or without notice, for any reason or no reason.
Joint and Severable Liability
Each Traveler shall be jointly and severally liable to Spain Prep for full performance under each and every covenant and condition of this Agreement and for compliance with all applicable laws.
Assignment
This Agreement may not be assigned by any Traveler or any authorized representative acting on behalf of Traveler.
Waiver
Waiver of any provision of this Agreement shall not be deemed waiver of any provision of this Agreement in part or in whole. Waiver of a default by Traveler does not waive Spain Prep’s rights under this Agreement or by law. This Agreement does not waive any rights afforded Traveler or Spain Prep by law. All rights not expressly granted herein are hereby reserved.
Force Majeure
If performance of services provided by Spain Prep are rendered impracticable by cause of fire, act of God, act of rioters or public enemies, or accident, this Agreement shall immediately cease. Spain Prep is not responsible or liable for the return of any payments made by Traveler nor payments made to third party providers.
Illegal Acts
Spain Prep is not responsible or liable for illegal acts of third party providers or Travelers.
Governing Law
This Agreement may not comply with foreign law, and other countries may have laws and regulatory requirements that differ from those within the United States. This Agreement, including use of this website and services provided by Spain Prep, shall be governed by, construed, and enforced in accordance with the laws of the United States of America, specifically the State of New York, without giving effect to its choice of law principles.
Entire Agreement
This Agreement is the entire and final Agreement and supersedes all prior or contemporaneous communications, understandings, proposals, brochures, or any written, oral or electronic communications. No waiver of any provisions of this Agreement shall constitute a waiver of any other provision, regardless of the similarity of the provision, nor shall the waiver act as a course of dealings or constitute future or continuing waiver of such provision.
Effect of Headings
The headings contained herein are included for clarity purposes only and shall not affect the construction or interpretation of the provisions set forth.
Acceptance of Terms and Conditions
By booking with Spain Prep, Traveler agrees to be bound by the terms of this Agreement, and any additional terms and conditions of any Provider that is applicable to the booking. Traveler agrees on behalf of self and those represented by Traveler to comply with all such terms and conditions, including the payment of all amounts due. Traveler agrees that any violation of any such terms and conditions may result in (a) the cancellation of reservation or purchase, (b) forfeiture of any monies paid for reservation or purchase, (c) being denied access to the applicable travel related product or service, and (d) Spain Prep right to debit Traveler’s account for any costs incurred as a result of such violation.
Spain Prep reserves the right to change this Agreement without prior notice to Traveler.
Upon booking a trip with Spain Prep, Traveler warrants all terms and conditions of this Agreement were read and understand on behalf of themselves and any third party Travelers they are representing, Traveler is duly authorized representative of third party Travelers with the consent of third party Travelers to book a trip on their behalf, and finally that Traveler has the requisite capacity to enter such Agreement.
By accepting the Terms and Conditions, you are providing your consent to enter into this agreement using electronic documents. You are certifying that all information provided to Spain Prep is or will be true and accurate, complete and current and that you are not and have not knowingly provided us with any false information. You may contact Spain Prep to obtain a paper copy at any time including after acceptance of the Terms and Conditions electronically.
General
Spain Prep is a company that creates customized travel itineraries, arranging accommodations, tours, transportation and other activities and experiences.
Booking a Trip with Spain Prep
Travelers may secure their trip with Spain Prep by submitting a deposit in the amount of 50% the total cost of the trip. This deposit is NOT refundable. Traveler’s trip will not be reserved until deposit is received. The remaining 50% balance will be due no later than 90 days prior to the trip. If final payment is not received 90 days prior to the trip, the reservation will be treated as a cancellation and the deposit will be forfeited. Prices are subject to change until all payments are made in full and subject to processing of all required documentation such as third party agreements. Some charges are subject to change after final payment and typically include, but are not limited to cost of fuel, taxes, exchange rates and similar fees.
Any charges incurred by Traveler or on behalf of traveler including but not limited to charges incurred via credit card, debit card, or other payment method, are due and payable to Spain Prep including without limitation charges incurred by minor Traveler’s using card holder’s credit or debit card. Third parties connected to Traveler are responsible for supervision and liable for use of payment methods by Traveler. Spain Prep is not liable for any fraudulent claims or charges.
Third Party Providers
Spain Prep offers a variety of travel services and works with service providers (“third party providers”) to bring Traveler the best travel experience possible. Spain Prep is an independent company and is not engaged in a joint venture, partnership, or employed by third party providers. In addition to this Agreement, providers use their own terms and conditions that are applicable to all arrangements booked by Spain Prep. Traveler has the right to review such terms prior to booking a trip. Booking a trip with Spain Prep may require Traveler to agree to all terms and conditions of third party providers. Spain Prep is not liable for any costs or fees incurred as a result of a third party agreement.
Although Spain Prep chooses its third party providers carefully, Spain Prep does not endorse or warrant any third party providers and disclaims all liability resulting from any acts of such providers resulting in loss, injury or harm to Traveler.
Spain Prep does not guarantee, and may not be held responsible or otherwise liable for, any third party Provider rates, bookings, reservations, connections, scheduling, services, security, facilities, protection of personal belongings or any other acts of third party providers. Furthermore, Spain Prep assumes no responsibility or liability for overbooking, cancellation or delays for hotels, airlines or Provider activities.
By choosing to travel with Spain Prep or utilizing information provided by Spain Prep regarding travel, Traveler assumes any and all risk associated with such travel.
Travelers Under 18 Years of Age
Due to heightened security, many countries have adopted practices to prevent international abductions of children. If a child will be traveling with adults other than the legal guardian or with only one of multiple legal guardians it is recommended that a notarized letter be written by the legal guardians or non-traveling legal guardian granting authorization to travel, including the dates of travel. Spain Prep suggests the appropriate consulate and airlines are consulted because they may have additional requirements or recommendations.
Travel Requirements
It is the responsibility of the Traveler to ensure all details on travel documents are accurate. Any loss of travel documents are not the responsibility or liability of Spain Prep and all such documents should be safely guarded upon travel.
It is the responsibility of all Travelers to obtain the appropriate visa, passport and other applicable travel documentation required for travel.
Travel Advisories
Prior to departing, all Travelers are recommended to view any and all U.S. Government’s advisories applicable to the destination. Spain Prep suggests visiting the U.S. Department of State website. Spain Prep is not responsible to inform Travelers of any travel advisories and does not warrant against any dangers that may occur in destination country.
Traveler hereby releases Spain Prep from any and all travel requirements, travel precautions, safety and security measures, sanitation conditions, telecommunications, facilities, services and any and all other risks possibly encountered during the duration of travel which is outside the control of Spain Prep, including any service, facility, transportation or other materials/services provided by a third party Provider.
Spain Prep strongly encourages Travelers to obtain travel insurance.
Travel Documentation and Country Entrance Requirements
It is the responsibility of the Traveler to secure proper travel documentation such as passport, visas, and to meet any other country entrance requirements. Spain Prep is not responsible if Traveler is refused access to a country due to improper documentation. Due to changing requirements, Spain Prep encourages Travelers to visit the Department of State website for applicable requirements. Spain Prep may attempt to answer questions regarding country requirements, but due to changing laws, Spain Prep is not liable for any information provided.
Pricing Policy
All vacation prices are based on rates (reflecting foreign exchange rates) known at the time of publication and expected to be in effect at the time of departure, and do not include airfare except where noted on specific itineraries.
Changes or Cancellation of Services
Spain Prep reserves the right to cancel or postpone the trip due to unforeseen reasons or if the minimum required number of Travelers is not reached at least 90 days before the trip’s commencement date. Additionally, the itinerary provided, although in general reflects accurately the tour, Spain Prep reserves the right to change the itinerary or tour arrangements in the event that weather conditions may endanger the SAFETY of our Travelers or for any other unforeseen reason. Spain Prep is not responsible for refunding paid services that are not used by the Traveler or payments made to other tour companies and operators.
Travelers may cancel their trip, but will be subject to cancellation policies and fees. Cancellations due to medical reasons can only be covered by a travel insurance carrier. Spain Prep strongly advises all Travelers to purchase travel insurance for protection in the event reservations need to be cancelled. Additionally, no refund will be made for any unused portion of the tour or vacation.
Privacy Policy
Spain Prep will only collect the Personal Information, as defined below, which is needed to fulfill travel requests and/or our legitimate business objectives, as set forth in this Privacy Policy, and will keep it no longer than is necessary to fulfill such purposes and objectives. Spain Prep will never distribute or sell Traveler data.
Personal Information is information that directly or indirectly identifies a particular individual, such as name (first and surname together), email address, postal address and/or phone number. Travelers purchasing services by Spain Prep will be required to provide additional information such as a valid credit card number, expiration date and billing addresses (collectively, “Personal Information”). Such information is requested to process transactions, communicate with Travelers and other related use regarding services provided by Spain Prep. Spain Prep does not collect any Personal Information unless provided voluntarily.
If Personal Information is shared with Spain Prep, it will generally take the form of either travel registration through the purchase of services either in-person, over the phone or electronically.
If Personal Information is provided about other Travelers, the Traveler providing the information must obtain consent prior to disclosure of such information. By providing Personal Information of any third party, Traveler represents that Traveler has authority and/or have obtained consent from such person to allow collection of Personal Information by Spain Prep.
Security measures are taken to protect your Personal Information from unauthorized access, misuse and disclosure. Although every effort is taken to protect Personal Information, Spain Prep cannot guarantee the safeguarding of such information nor take liability for any interception, theft or any other misuse. By providing Personal Information, Travelers and those acting on behalf of Traveler, acknowledge that such misuse could occur and Spain Prep is not liable for any misuse of Personal Information.
This website is not intended for person’s under the age of eighteen (18). Personal Information is not knowingly collected from any child under the age of thirteen (13).
By requesting information or services from Spain Prep, authorization is given to obtain Personal Information and to provide Personal Information to third party providers deemed necessary to provide the service requested and information required to secure the requested information or services. Although Spain Prep engages trusted third party providers, Spain Prep is not liable for any misuse of Personal Information by third party providers or failure of third party providers to protect the privacy of Personal Information. Upon request, Spain Prep will disclose what Personal Information is shared with third party providers and identify such third party providers. Personal Information is never sold or shared with unrelated third party providers.
Warranties and Disclaimers
Use of the website, materials and services of Spain Prep and other services provided on behalf of Spain Prep is provided “As Is” without any warranties. Use of this website, materials and services of Spain Prep and other services provided on behalf of Spain Prep is at the user’s risk.
Traveler or authorized representative of Traveler (i.e. parent or legal guardian) represents and warrants that (i) Traveler is of sufficient age to use the services of Spain Prep and can create binding legal obligations in connection with such use, or parent and/or legal guardian is legally authorized to act on behalf of Traveler and accept these terms and conditions on their behalf, and (ii) the information supplied by Traveler, authorized representative, or members of Traveler’s group is true and correct. Traveler is responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. Traveler understands that Traveler or authorized representative is financially responsible for all travel booked with Spain Prep including travel booked on behalf of other Travelers.
Spain Prep acts only as an agent for the transportation companies, accommodations & third party providers. Spain Prep does not accept any responsibility for injuries, damages, accidents, losses, delays, theft, quarantine, customs regulations, strikes, weather hazards, political unrest, changes in itineraries, deportation or refusal of entry by Immigration Authorities resulting from improper travel documents, possession of unlawful items or irregularities that may be caused to person or property. Any losses and/or expenses incurred are the responsibility of the Traveler. All proper travel documentation is the sole responsibility of the passenger.
Assumption of Risk
All risk is assumed by users of this website and customers of Spain Prep including but not limited to Traveler, legal guardians acting on behalf of traveler, and other similar persons issuing consent for traveler. Waivers and assumptions of risk may be separately executed for the benefit of Travelers and those connected to Traveler advising of risks specific to certain trips. Such terms do not supersede the terms herein, but act to expand the general understanding and agreement between Travelers, those connected to the Traveler and Spain Prep. This Agreement will govern in the event of any conflict.
Limitation of Liability
Spain Prep disclaims all liability for any and all damages, losses or harm arising from use of the Spain Prep website, including, but not limited, damages, losses or harm resulting from misuse of Personal Information. If dissatisfied with the terms and conditions set forth herein, user’s sole and exclusive remedy is to discontinue use of the site and not seek services from Spain Prep.
Spain Prep does not guarantee, is not responsible and is not otherwise liable for third party providers contracts, agreements or covenants, including but not limited to rates, reservations, cancellations, scheduling changes, services, security of personal or real property, facilities, and any other loss or damage arising from third party providers.
IN NO EVENT SHALL SPAIN PREP, AFFILIATES, AGENTS, LICENSORS, SUBCONTRACTORS, OR THIRD PARTIES ACTING ON BEHALF OF SPAIN PREP, BE LIABLE FOR ANY CAUSE OF ACTION WHATSOEVER EXCEEDING THE TOTAL AMOUNT PAID TO SPAIN PREP, OR FOR ANY OTHER DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER SUCH INDIRECT DAMAGES, LOSS OF PROFITS, BUSINESS OR DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF ALTERNATIVE GOODS OR SERVICES, OR ANY DAMAGES OF ANY TYPE OR NATURE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, EVEN IF PREVIOUSLY ADVISED OF SUCH DAMAGE, WHETHER CLAIM IS BASED IN CONTRACT, WARRANTY, INDEMNITY, FITNESS FOR A PARTICULAR PURPOSE OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE.
Indemnification
Traveler hereby agrees to defend, hold harmless and indemnify Spain Prep, including affiliates, employees, agents, licensors, subcontractors, successors, assigns and third parties acting on behalf of Spain Prep, from and against any threats, liabilities, damages, losses, settlements and judgments, including attorney and court fees and all other costs and expenses which may be incurred by any and all reason of loss or damage to property, misrepresentation or breach of warranty, nonfulfillment of any covenant or agreement, claims by any third party, all costs associated with any and all suits, proceedings, hearings, investigations, charges, complaints, claims, demands, injunctions, judgments, taxes, liens, expenses and fees, trademark, intellectual property or material infringement upon the rights of a third party, or by reason of injury or death of any person, directly resulting from or caused by the negligent acts or omissions of the Traveler or person acting on behalf of Traveler based in whole or in part upon the Traveler’s participation in Spain Preps services. Notwithstanding the foregoing, if the act or omission of Spain Prep is a factor contributing to any claim for which Spain Prep seeks indemnity hereunder, the respective liabilities of the party to one another regarding such claim shall be in proportion to the relative fault of the parties.
Assignment
No assignment of this Agreement shall be permitted by Traveler.
Severability; Provisions Subject to Applicable Law
All provisions of this Agreement shall be applicable only to the extent that they do not violate any applicable law, and are intended to be limited to the extent necessary so that they will not render this Agreement invalid, illegal or unenforceable under any applicable law. If any provision of this Agreement or any application thereof shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of other provisions of this Agreement or of any other application of such provision shall in no way be affected thereby.
Termination
Spain Prep reserves the right, in its sole discretion, and without liability, to terminate any and all services, with or without notice, for any reason or no reason.
Joint and Severable Liability
Each Traveler shall be jointly and severally liable to Spain Prep for full performance under each and every covenant and condition of this Agreement and for compliance with all applicable laws.
Assignment
This Agreement may not be assigned by any Traveler or any authorized representative acting on behalf of Traveler.
Waiver
Waiver of any provision of this Agreement shall not be deemed waiver of any provision of this Agreement in part or in whole. Waiver of a default by Traveler does not waive Spain Prep’s rights under this Agreement or by law. This Agreement does not waive any rights afforded Traveler or Spain Prep by law. All rights not expressly granted herein are hereby reserved.
Force Majeure
If performance of services provided by Spain Prep are rendered impracticable by cause of fire, act of God, act of rioters or public enemies, or accident, this Agreement shall immediately cease. Spain Prep is not responsible or liable for the return of any payments made by Traveler nor payments made to third party providers.
Illegal Acts
Spain Prep is not responsible or liable for illegal acts of third party providers or Travelers.
Governing Law
This Agreement may not comply with foreign law, and other countries may have laws and regulatory requirements that differ from those within the United States. This Agreement, including use of this website and services provided by Spain Prep, shall be governed by, construed, and enforced in accordance with the laws of the United States of America, specifically the State of New York, without giving effect to its choice of law principles.
Entire Agreement
This Agreement is the entire and final Agreement and supersedes all prior or contemporaneous communications, understandings, proposals, brochures, or any written, oral or electronic communications. No waiver of any provisions of this Agreement shall constitute a waiver of any other provision, regardless of the similarity of the provision, nor shall the waiver act as a course of dealings or constitute future or continuing waiver of such provision.
Effect of Headings
The headings contained herein are included for clarity purposes only and shall not affect the construction or interpretation of the provisions set forth.
Acceptance of Terms and Conditions
By booking with Spain Prep, Traveler agrees to be bound by the terms of this Agreement, and any additional terms and conditions of any Provider that is applicable to the booking. Traveler agrees on behalf of self and those represented by Traveler to comply with all such terms and conditions, including the payment of all amounts due. Traveler agrees that any violation of any such terms and conditions may result in (a) the cancellation of reservation or purchase, (b) forfeiture of any monies paid for reservation or purchase, (c) being denied access to the applicable travel related product or service, and (d) Spain Prep right to debit Traveler’s account for any costs incurred as a result of such violation.
Spain Prep reserves the right to change this Agreement without prior notice to Traveler.
Upon booking a trip with Spain Prep, Traveler warrants all terms and conditions of this Agreement were read and understand on behalf of themselves and any third party Travelers they are representing, Traveler is duly authorized representative of third party Travelers with the consent of third party Travelers to book a trip on their behalf, and finally that Traveler has the requisite capacity to enter such Agreement.
By accepting the Terms and Conditions, you are providing your consent to enter into this agreement using electronic documents. You are certifying that all information provided to Spain Prep is or will be true and accurate, complete and current and that you are not and have not knowingly provided us with any false information. You may contact Spain Prep to obtain a paper copy at any time including after acceptance of the Terms and Conditions electronically.
