Terms & Conditions
Peace of mind for you and us!
As a guest with Enduro Malaga it is important that you have read and understood our terms and conditions set out below. It is pretty standard stuff and is there for your protection as well as ours.
The Holiday Contract
a. our holiday contract is made between Enduro Malaga (“Enduro Malaga” or “We/Us”) and all persons referred to on the booking confirmation (“You”).
b. The person who receives the booking confirmation (the group leader) does so as agent for all persons referred to on it, and by receiving it, grants that s/he has authority to receive it on behalf of all persons referred to on the booking form and acknowledges that these terms and conditions apply to all such persons.
Booking through another Holiday Company
a. Bookings through an Agent or other Holiday company will adhere to both Terms and Conditions of Enduro Malaga and the Agent or Holiday Company.
a. A non-refundable deposit of 20% per person is required to secure your booking, in the event of a cancellation, this deposit will be withheld.
b. No contract comes into effect until that offer is accepted by Enduro Malaga which is only when the booking confirmation is received by you. No booking confirmation will be sent to you unless all necessary deposits have been paid and Enduro Malaga is satisfied that all relevant persons are covered by appropriate activity insurance.
Prices and Payments
a. Payment totals of package prices (which may vary) will be conﬁrmed by us at the time of the booking enquiry along with payment options.
Euro Exchange Rates
a. Enduro Malaga charges in Euros. You may pay for your holiday in Euros or Sterling.
b. The Sterling to Euro exchange rate will be calculated at the date of issue of the invoice.
Changes to Bookings
a. Enduro Malaga will make every effort to make any changes should you wish to amend the details originally supplied on your booking form. If we cannot accommodate these changes and you wish to cancel, then the cancellation charges will apply. b. Cancellations within 3 weeks of your trip date require payment in full.
Cancellation by Enduro Malaga
a. In the event that we have to cancel your holiday, you will be offered either a full refund of all monies paid by you (including non-refundable deposit) or an offer of different dates, whichever you prefer.
a. Although here in Malaga we enjoy vast amounts of sunshine and warm weather, it can occasionally change. Bad weather conditions can sometimes affect your riding and enjoyment of your holiday. Enduro Malaga cannot control the weather and in the unlikely event that weather conditions will affect your holiday, Enduro Malaga cannot be held responsible and no refunds can be given.
a. Enduro Malaga CANNOT be held responsible for any injury to persons whilst riding and any loss, theft or damage to personal property. All guests of Enduro Malaga must have a EHIC card (old E111) and/or appropriate specialist travel insurance to cover them for mountain biking, cancellations and other activities they wish to partake in whilst on holiday with Enduro Malaga. You will be required to provide your insurance details to Enduro Malaga prior to riding. NO Insurance = NO riding.
b. Your insurance cover will speciﬁcally include medical and accident recovery insurance for injuries gained whilst mountain biking on unmarked trails. Riders that plan to do Enduro or DH-style riding also need to include mountain rescue by helicopter.
Use of Enduro Malaga Vehicles
a. Clients travel in Enduro Malaga vehicles entirely at their own risk. Clients are responsible for the safe transit of their own bikes. No items deemed of value should be left in the vehicles unattended.
a. Clients are responsible for the safekeeping of personal items. Enduro Malaga cannot be held responsible for loss, theft or damage of clients’ personal property.
a. Mountain biking is an extreme sport and carries an element of danger therefore all riders have a responsibility for their own and the safety of others.
b. All riders must wear a helmet when riding. NO helmet = NO riding. It is also advisable to wear knee and elbow protection.
c. All riders participate entirely at their own risk. All riders will have to attend a safety briefing and sign a declaration that they have understood and accepted all associated risk prior to partaking in any bike ride.
a. Hirers are responsible for all damage to or loss of the bike during the period of hire up to the replacement cost of the bike if stolen.
b. General wear and tear such as brake pads, tyres, cables etc.. is included within the hire cost.
c. Payments for bike hire are normally made in advance of the holiday. If payment is to be made on arrival a deposit (credit card number and signature of authorisation) or a passport and advance cash payment for the full bike rental will be required.
d. Enduro Malaga will take care to ensure that the bike is in full working order however, components can malfunction and Enduro Malaga cannot be held responsible for any accidents whilst riding.
a. Subject to clause 9 below we accept liability (including liability for injury, illness and death) only for the proper performance of your holiday contract.
b. Proper performance of your holiday contract means that the facilities and services itemized on your booking confirmation are provided with reasonable skill and care.
c. The standard of reasonable skill and care is the standard applicable in the place where the holiday takes place and where you are not able to show that the standard of facilities or services falls below the level required by local regulations, custom and practice you accept that there has been no failure to comply with that local standard.
d. Standards of accommodation, facilities and safety in general are invariably different and often lower abroad than they are in the UK. It is the standard prevailing at the place where the holiday takes place that is the measure of reasonable care for a Enduro Malaga holiday.
e. We are responsible for making sure that each part of the holiday you book with us which is itemised in the booking confirmation is provided to a reasonable standard and as was advertised by us (or as changed and accepted by you). If any part of the holiday itemised in the booking confirmation is not provided as described and this spoils your holiday, we will arrange for appropriate compensation.
f. We have no liability in respect of anything that happens (including injury, illness or death unless in these instances the cause is the direct negligence of Enduro Malaga or its employees) outside the scope of this holiday contract and in particular there is no liability under this contract for accidents or complaints arising out of the performance of excursions or activities that do not form part of the pre-arranged holiday you book before your departure. We are not liable for the standards of public services provided by or for municipal, state or other government authorities in the place where the holiday takes place.
g. Even where liability might otherwise arise it is accepted that there is none where the cause of the injury, illness, death or other loss and/or damage is the result of any customer’s own fault; the fault of some person unconnected with the provision of the facilities and services within the scope of this contract or arises due to unusual and unforeseeable circumstances beyond our control the consequences of which could not have been avoided even if reasonable care had been exercised or an event which we or our suppliers or subcontractors could not have foreseen or forestalled even with the exercise of reasonable care.
h. Unless caused by our direct negligence we do not accept liability for any loss or damage to any sports or other equipment of any kind including (but not limited to) bicycles. Care of all equipment (including anti-theft and anti-vandalism precautions) is your responsibility.
i. Equipment to hire, use or borrow is subject always to availability. Equipment can become unavailable at short notice due to breakages, maintenance requirements and fluctuation in demand. It is not possible for us to guarantee the availability of specific equipment for hire in advance of your arrival at the holiday location.
Limitation of Liability
a. Except where personal injury or death results the maximum limit of our liability for failing to properly perform your holiday contract (including negligent and deliberate failures on the part of ourselves, our servants, agents, suppliers and subcontractors) is twice the total base holiday cost as set out on the booking confirmation
b. We do not have any liability to you for any delay which may arise as a result of schedule alterations with your flights/transport to Malaga.
Behaviour - Damage
You agree on your own behalf and on behalf of all persons referred to on the booking confirmation that:
a. Every such person will at all times and for all purposes relevant to your holiday arrangements act with reasonable care and refrain from all forms of anti-social behaviour.
b. You will indemnify and keep indemnified Enduro Malaga against all claims, liabilities, loss, damage, expense, interest and costs whether direct or indirect that Enduro Malaga may suffer or incur as a result of entering into his holiday contract with you or as a result of you occupying the holiday accommodation, including (but not limited to) any damage to the accommodation, its fixtures & fittings & contents.
c. You are responsible for the behaviour of all children under the age of 18 named on your booking form. In the event that we, or any of our suppliers believes that a child in your party is acting in a manner which could upset, annoy, disturb or put at risk any other passenger, customer, supplier or member of staff, we may, in our complete discretion terminate your holiday, alternatively, impose terms or limits on members of your party from participating in activities or use of facilities, whether provided by us, our suppliers or third parties.
d. In the event of us having reasonable cause to believe that there has been any anti-social behaviour on the part of any person named on the booking confirmation we have the unfettered right to terminate all further performance of this contract, including your right to remain in any accommodation and we shall have no liability whatsoever to pay compensation or make any refunds or make alternative accommodation or transport arrangements.
e. You agree that any accommodation provided pursuant to this contract is only for the use and enjoyment of the persons referred to on the booking confirmation. You may not allow any other person to stay there.
f. Enduro Malaga and the owners and managers of the accommodation in which you stay have the right to enter any holiday accommodation at such times and for such purposes (including but not limited to inspection, cleaning & repairs) as may be reasonable in the circumstances.
Agency and non-package agreements
a. If you book arrangements, excursions or activities that are not itemized in your booking confirmation those arrangements, excursions and activities (“additional activities”) do not form part of this contract.
b. Any contract you make for additional activities is a separate contract made between you and the other party to that contract (the additional activities contract).
c. Enduro Malaga as an agent may be able to help you make arrangements for additional activities either before or after your departure or you may discover information about them whilst staying in accommodation or enjoying services or facilities forming part of this contract. However, in these circumstances Enduro Malaga is not (unless the contrary expressly appears from the contract for the provision of additional activities) the other party to the additional activities contract and is not liable for any services or facilities provided pursuant to the additional activities contract neither does Enduro Malaga accept any responsibility for the contents of any information given about such additional activities or the quality or sufficiency of any services or facilities delivered or offered as part of an additional activities contractc. A contract for additional activities (other than where Enduro Malaga is the other party thereto) will be governed by the law of the place where the contract is made and be subject to the jurisdiction of the courts of the place where the additional activities are undertaken.
d. In the event that Enduro Malaga is the other party to the additional activities contract these terms and conditions shall apply to the additional activities in the same way as they apply to the contract for the provision of the facilities and services itemized in the booking confirmation.
In the unlikely event that you have a complaint about the facilities and services forming part of this contract you must tell us as soon as possible whilst you are still on holiday so that we may assess your complaint and take such action to address it as is justifiable in all the circumstances.
In addition you must put any complaint in writing as soon as you return home and in any event so that it reaches us within 28 days of your return so that we might be in a position to make reasonable enquiries about it.
Because it is difficult for us to investigate complaints after the passage of time you agree that in all cases (except only those involving personal injury or death) where a complaint is not received in writing at the address in clause 1 within 28 days beginning on the day of your return to the UK, Enduro Malaga shall not be liable to pay any compensation in respect of such complaint.
It is your responsibility not ours:
a. to check that tickets, vouchers and travelers match and that every person on the booking form has appropriate travel documentation (including valid passports & visas), photo-identification and insurance so that each person referred to on the booking form is entitled to enter the country where the holiday is to take place;
b. to check that the details on the booking confirmation (including any extras such as lift passes & activities) reflect what you wanted to book;
c. to ensure that everyone is at the right airport in time to check-in and that transfer transport used from airport to accommodation and back will arrive in sufficient time;
d. to look after your own baggage & equipment & ensure that you are carrying no more than the permitted allowance;
e. to take care of the accommodation in which you stay and any equipment you hire or borrow during your holiday and in particular to take reasonable care to avoid being the cause of any accident during the course of your holiday activities;
f. to ensure that any equipment you use whether hired, borrowed or your own (irrespective of whether it is supplied as part of this contract) is suitable and sufficient for your purposes. In hiring, lending or allowing you to use equipment we and our suppliers do not take any responsibility to assess your experience, ability or suitability to use the equipment or to advise you whether the equipment is suitable or appropriate for you or your needs. It is also your responsibility to ensure that equipment is in good condition & working order and to report any concerns you have about any malfunction or fault immediately to the supplier;
you are responsible for any damage to or theft or loss of any equipment hired or borrowed during your holiday as well as damage you cause to other persons or their property or equipment and you will indemnify Enduro Malaga against all claims, liabilities, loss, damage, expense, interest and costs whether direct or indirect that Enduro Malaga may suffer or incur as a result of you or any person on the booking form causing injury, loss or damage to other persons or property.
It is a condition of hiring, borrowing or use of any equipment during your holiday that you carry adequate insurance cover against the risk that as a result of your use of equipment you cause damage either to the equipment or to other persons and/or their property. Please see Clause 9 for further details regarding insurance.
to provide us with your detailed and accurate contact information so that we can keep you informed about your holiday plans;
g. to make your room allocation requests or preferences clear to reduce the risk of errors;
h. to provide clear and detailed information to us if any child undertaking any of our holiday activities suffers from any allergy, illness or disability;
i. to recognize that many holiday activities are vigorous & adventurous and/or involve some incidental risk of injury & it is your responsibility to ensure that you have the required level of fitness and skill to participate in such activities. In particular if you are travelling with children they remain your responsibility and you should exercise care in deciding whether your children are capable of undertaking the activities that are selected for or by them. Our local staff and suppliers are not teachers or childminders and are not to be considered in loco parentis;
j. to inform any guide, supervisor, representative or instructor immediately in the event that you consider any activity to be unsafe or inappropriate for yourself or any other person participating.
Law and Jurisdiction
a. This contract is governed by the law of England and Wales.
b. The Courts of England and Wales shall have exclusive jurisdiction in respect of all claims and disputes or whatever nature arising out of the provision of the contract facilities and services and the interpretation of this contract.
c. Clause b. above shall not apply in the case of customers who are domiciled in Scotland and Northern Ireland who may elect to bring proceedings in the courts of the country of their own domicile.