Terms and Conditions
This Agreement sets forth the terms and conditions between P-LTG (Pro-Licensed Tour Guides) and users who use our services to purchase tours and travel services. This Agreement explains how You purchase tours and travel services and specifically limits the liability of P-LTG.
You must read this Agreement before using the Site and booking a Tour. Use of the Site constitutes an agreement to all terms and conditions in this Agreement and you warrant that you understand, agree to and accept all terms and conditions contained here.
Details of Pro-Licensed Tour Guides
Roland Klawitter
Address: C/ Schubert 2 - 19, ES29639 - Benalmádena, Malaga - Spain
1. General
You understand that the Tour Guides presented on the www.malaga-private-tours.com are independent contractors and that the Tour Guides are not employees or agents of P-LTG. You hereby understand and expressly agree that P-LTG does not control the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Tour Guides, nor of the integrity, responsibility or any of the actions whatsoever of the Tour Guides.
P-LTG uses its best efforts to monitor Tour Guide profiles, service offerings, actions and comments, and suspend privileges to any Tour Guide not adhering to policies of P-LTG. By using this Site, you agree to report any alleged improprieties of any Tour Guides to P-LTG immediately.
2. Transactions
You may look for the services of a Private Tour through the use of www.malaga-private-tours.com. Once the payment of your Tour has been processed, a Tour Guide will be assigned. If there are any issues relating to the service that cannot be resolved directly with the Tour Guide, You should contact P-LTG and we will attempt to resolve the issue.
P-LTG is the Merchant of Record and uses a third party service to process your credit card information for all transactions made through www.malaga-private-tours.com. We do not store your credit card information on P-LTG servers or in paper files. You hereby agree to hold P-LTG harmless for any damages that may result should any personal information about You be released by any third parties. For further information regarding that service, please contact Stripe credit card processing company or PayPal.com.
3. Refunds
Any cancellation by You must be made by telephone or email and acknowledged by P-LTG. The date on which the request to cancel is received by P-LTG will determine the refund due as follows:
Cancellation up to 14 days before Tour Date: 90% of tour price if paid in full.
Cancellation less than 14 days before starting the Tour: no refund
In some cases, the Tour may be cancelled due to weather or other circumstance. In the event that the Tour is cancelled , or does not deliver it as promised, You may choose between a rescheduling of the tour or a full refund of all monies paid or a credit towards an alternative tour. If you choose to accept a credit, the difference in the cost of the alternative tour will be refunded by P-LTG or paid by You, as applicable.
P-LTG is not responsible for any incidental expenses You may have incurred in reliance on the tour or travel services booked on the Site, including, without limitation, expenses arising from the purchase of visas, vaccinations, non-refundable flights, or of any loss of enjoyment.
4. Shore Excursion Guarantee
P-LTG does NOT guarantee that in the unlikely event that you miss your ship, overnight accommodation or transport to the next feasible port-of-call and will NOT be covered by P-LTG.
We encourage you that have your own Travel Insurance for those cases.
5. Acceptance of Risk and Waiver o Liability
You acknowledge that all travel involves an element of risk and that some tours offered on the Site, like Caminito del Rey may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby release P-LTG and the Tour Guide from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-pecuniary, to You that may occur as a result of your participation in the tours offered on the Site or as a result of the negligence of any party, including the Tour Guide or any employee, officer, agent, contractor or assign of P-LTG, whether such negligence is passive or active.
You are strongly encouraged to obtain suitable medical insurance prior to booking a tour.
We urge you to exercise caution if you purchase any goods during your tour. Neither P-LTG or the Tour Guide make any claims about the quality, source or other provenance of any goods which may be available for purchase.
6. Prohibited Use
The Site may not be used to recruit, solicit, or contact Tour Guides for employment or contracting for a business not affiliated with P-LTG unless you first obtain express written permission from P-LTG.
7. Information Provided by You
You are responsible for providing accurate, timely and complete information in connection with Your registration for and use of the Site. P-LTG is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by You.
P-LTG will only use your information in accordance with our Privacy Policy. P-LTG will use its best efforts to ensure the privacy of all other personal information, however we expressly disclaim any liability for any damage that may result should any information be released to any third parties. You hereby agree to hold P-LTG harmless for any damages that may result.
P-LTG uses a third party service to process your credit card information, therefore we have no access to your credit card information. For further information, please contact Stripe credit card processing company or www.PayPal.com.
8. Modification of the Terms of this Agreement
P-LTG reserves the right to make changes to this Agreement from time to time. P-LTG shall provide notice to You of any substantive and/or material changes to this Agreement or any policies posted on the Site by posting such changes on the Site.
9. Term of Agreement
This Agreement will become effective immediately upon your use of the Site and shall remain effective unless terminated by either party as provided here. Either party may terminate this Agreement by providing the other with written or email notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, P-LTG may terminate this Agreement immediately for any breach by You of this Agreement or any applicable policy of P-LTG as posted on the Site from time to time. In the event of termination or expiration, the following sections shall survive: Section 1 (General); Section 5 (Acceptance of Risk and Waiver of Liability); Section 7 (Information Provided by You); Section 9 (Term of Agreement); Section 10 (Intellectual Property Rights); Section 11 (Notice of Trademark Rights); Section 13 (Disclaimer of Warranties); Section 14 (Limitation of Liability); Section 16 (Legal Claims); and Section 17 (Miscellaneous Provisions).
Should You violate the terms of this Agreement, P-LTG reserves the right, without prejudice to any other rights or remedies available to P-LTG, to terminate your use of this Site immediately at its sole discretion.
10. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that You see or read on the Site is owned by P-LTG, or is used with the owner's permission. This Proprietary Material is protected in all forms, media and technologies. You may not copy, download, use redesign, reconfigure, or retransmit anything from the Site without the prior written permission of P-LTG.
11. Notice of Trademark Rights
The service marks and trademarks Pro-Licensed Tour Guides and the P-LTG logo are service marks owned by P-LTG. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the prior written permission of P-LTG or the applicable owner.
12. Privacy
P-LTG is committed to ensuring the privacy of the information you give us. Our Privacy Statement is located on the P-LTG Site.
13. Disclaimer of Warranties
You expressly agree that the use of this site is at your own risk. P-LTG does not warrant that the site will be uninterrupted or free of errors. The content is being revised by P-LTG from time to time and P-LTG reserves the right modify it contents if necessary.
14. Limitation of Liability
Under no circumstances will P-LTG be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or from the provision of any tours or other services purchased from the Site. Furthermore, the TOTAL liability of P-LTG arising with respect to this Agreement and the Site shall in no event exceed the total amounts paid by You to P-LTG under this Agreement.
15. Notice
Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
16. Legal Claims
For all disputes between P-LTG and You relating to the Site, this Agreement, transactions facilitated or conducted through the Site, tours and travel services ordered or purchased through the Site, dealings between You and P-LTG, or any related matters ("Disputes"), the parties will attempt to find the least onerous solution to the Dispute. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the courts of Málaga, Spain and you hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts of Malaga, Spain, in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Málaga, Spain.
17. Miscellaneous Provisions
Failure by P-LTG to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of Spain.
These Terms of Use and the Liability Release, if applicable, constitute the entire agreement between You and P-LTG with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of P-LTG, its successors and assigns.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
18. COVID-19
At P-LTG we follow all COVID-19 health and safety regulations according to the Spanish legislation and during the COVID-19 outbreak we encourage to follow these guidelines:
Do not go on tour if you, or someone with whom you have been in contact, are sick or are experiencing any COVID-19 symptoms (such as cough, fever, shortness of breath).
Avoid physical contact between guide and traveler; no hugs/handshakes for now.
Vehicles have to be sanitized (interiors and door handles) before and after each tour.
Wearing masks in all spaces including outdoors, vehicles or museums is mandatory at these moments.
Wash/sanitize hands frequently
Cough or sneeze into a closed elbow
Avoid sharing items
Maintain physical distance