GENERAL TERMS AND CONDITIONS

I. APPLICABILITY

1. These General Terms and Conditions are governed by the provisions of Royal Decree 1/2007, concerning the protection of consumers and users, as well as additional legislation such as Royal Decree 23/2018 and Law 4/2022, and the provisions regarding general contract conditions (Law 7/1998).
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3. These terms apply to all services offered by Hemels Madrid through the website, including Tours, Tailor-Made trips, and Business trips, and to all agreements between Hemels Madrid and the Customer.
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5. By using the website and/or booking services through Hemels Madrid, the Customer agrees to these terms.

II. DEFINITIONS

• Customer: any natural person or legal entity that requests or receives services through the Hemels Madrid website.
• Tour: private or small group activities of up to 7 people, with a fixed fee, any entrance fees.
• Tailor-Made: individual package trip with multiple services, including guide, transportation, activities, or accommodation; groups of ≥8 people also fall under this category.
• Business: services requested by a company, B2B agreements, or business trips.
• Package trip: combination of at least two services, formalized in one agreement, regardless of the Client's request.
• Preliminary Travel Program: overview of requested services for Tailor-Made or Business travel, including budget and suggestions.
• Final Travel Program: program after Client's approval, including pro forma invoice.
• Earpiece: individual audio system for museums or tours; mandatory for group activities over 7 people, excluding city walks for up to 10 people and bike tours.
• Partner: external service provider of services that Hemels Madrid does not provide itself.

III. REQUEST AND AGREEMENT

1. Services can be requested via digital application forms on the website. The Client must provide accurate and truthful information.
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3. Upon receipt of the application, the Client will receive a confirmation of availability and, if applicable, a Preliminary Travel Program with budget.

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5. An agreement is established by:

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   • Payment of the full price for a Tour, or

   • Signing of the package travel agreement and payment of the deposit for Tailor-Made or Business travel.

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7. All communication and documents will be sent electronically via email, unless otherwise agreed.

IV. PRICES AND PAYMENT

1. All prices are in euros (€) and include Spanish taxes, unless otherwise stated.
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3. Tours
4. Full payment required for agreement.
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6. Tailor-Made & Business
7. Deposit equal to Hemels Madrid organization costs or 30–50% of the agreed services; remaining payment due no later than 60 days before the start.
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9. Payments are made via bank transfer or WISE.
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11. In case of errors in payment or transfer, Heavenly Madrid cannot confirm the agreement until corrected.

V. CANCELLATION

1. Tours

• >=14 days before start: 0% fees (full refund)

• 7–14 days: 50% fees

• 48 hours–7 days: 75% fees

• <48 hours: 100% fees (no refund)

2. Package trip (Custom & Business)

• Organization costs

• 100% non-refundable after agreement

• Guide services:

  • >=30 days: 0% fees (full refund)

  • 15–30 days: 50% fees

  • <15 days: 100% fees (no refund)

• Transport, accommodation, partner services

• According to supplier's terms; Hemels Madrid will process refunds minus non-refundable costs.

• From 7 days before start

• No refund of any part, unless in exceptional cases.

• Minimum amount of participants
  If the number of participants falls below the minimum number established in the agreement due to the cancellation of one or more Clients, 100% of the costs will be charged and no refund will be made.

3. Exceptional circumstances

• Force majeure such as natural disasters, war, pandemics, strikes, etc. may justify free cancellation according to Spanish law.

• Hemels Madrid reserves the right to deviate voluntarily, without creating rights for the Customer.

4. Cancellation by Hemels Madrid

• Only in significant circumstances; full refund is guaranteed.

VI. SERVICE PROVISION AND LIABILITY

1. Services are performed carefully by recognized guides and partners.

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3. Hemels Madrid is not liable for damage or loss caused by:

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   • The Customer themselves

   • Lack of physical fitness or equipment

   • Partner services

   • Technical failures or force majeure

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5. Force majeure: obligations suspended and deadlines extended during force majeure.

VII. BILLING AND PRICES

1. Tours: invoice on the day of service or cancellation within 14 days before delivery.
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3. Custom & Business: invoice upon deposit or final payment, depending on payment arrangement.
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5. Invoices are available upon request for the Customer.

VIII. WARRANTIES

1. Services comply with legal consumer protection and the quality as described on the website.

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3. Hemels Madrid is liable for the correct execution of services on the agreed date, time, and place.

IX. COMMUNICATION

1. Electronic communication (email) is recognized as written, in accordance with Spanish law.
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3. Notifications and complaints can be sent via the contact details in these terms.

X. DATA PROTECTION

1. Personal data is processed in accordance with EU GDPR (Regulation 2016/679) and Spanish privacy legislation (LOPDGDD 3/2018).
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3. Customer agrees to the processing of personal data when using the website and services.

XI. APPLICABLE LAW AND JURISDICTION

1. Spanish law applies.
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3. Disputes are subject to the non-exclusive jurisdiction of the Spanish courts.
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5. Out-of-court dispute resolution can be done via EU ODR.

XII. OTHER PROVISIONS

1. Invalid provisions do not affect the remaining terms.
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3. These General Terms and Conditions constitute the entire agreement and replace any prior arrangements.
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5. Partner services follow the terms of the respective provider.
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7. Customer is required to use the website and services for legitimate purposes.

XIII. AUDIO RECEIVERS FOR GUIDED TOURS

1. Applicability

   These terms apply to the rental of Audio Receivers for Guided Tours (hereinafter referred to as "Audio Receivers") by Hemels Madrid to third parties. The Audio Receivers are provided to optimize communication and experience during guided tours.

2. Delivery and Return

   1. Hemels Madrid provides the Audio Receivers, including earpieces that the client may keep.
   2. Any reusable over-the-ear earpieces, specifically intended for guests with hearing assistance, must be returned along with the Audio Receivers.
   3. The Audio Receivers must be returned to Hemels Madrid in good condition after the tour or event.

3. Responsibility and Costs in Case of Loss or Damage

   1. In the event of loss, theft, damage, or malfunction of an Audio Receiver, a fee of €80 per unit will be charged to the client.
   2. The client is responsible for the correct use and safe storage of the Audio Receivers during the rental period.

4. Terms of Use

   1. The Audio Receivers may only be used for the purpose for which they are provided: facilitating guided tours.
   2. It is not permitted to resell, sublet to third parties, or use the Audio Receivers for purposes other than those intended.

5. Liability

   1. Hemels Madrid is not liable for any malfunctions, technical issues, or interruptions in the operation of the Audio Receivers, unless caused by intent or gross negligence on the part of Hemels Madrid.
   2. The client indemnifies Hemels Madrid from any liability for damage resulting from improper use of the Audio Receivers by the client or third parties.
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7. These General Terms and Conditions constitute the entire agreement and replace any prior arrangements.
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9. Partner services follow the terms of the respective provider.
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11. Customer is required to use the website and services for legitimate purposes.