Terms and Conditions
Last Updated: April 19, 2023
Welcome to Pickleball Tour Spain. These terms and conditions of use (these “Terms“) apply to your use of www.pickleballtourspain.com and any services or content made available through the Site (collectively, with the Site, the “Services“).
Accepting these Terms
By clicking to indicate your acceptance of these terms or otherwise using the services, you agree to these terms and all terms incorporated by reference. If you are accessing or using our services on behalf of another person (such as using the services to book a tour for multiple people or groups), you represent that you are authorized to accept these terms on that person or group’s behalf. If anything in these terms does not make sense to you, please let us know. If you do not agree to these terms, in particular the terms related to medical information or arbitration, do not access or use the services.
Changes to these Terms
We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. If we make changes, we will let you know by revising the date at the top of these Terms and, in some cases, providing you with additional notice (such as adding a statement to our homepage). Any changes we make to these Terms will be effective when we post them. If you use the Services after we have posted the changed Terms, then you have accepted the changes to these Terms.
Pickleball tour operator
The Tour operator is Pickleball Tour Spain (officially Euro Tours LLC), hereinafter will be referred to as PTS. PTS is located in Newport Beach, California. By submitting the booking form (which can be obtained from the PTS website), you are agreeing that you have read and agree to the terms and conditions of that booking form as set forth in that document. It is important that you read the booking form carefully. No customer will be allowed to participate in our pickleball trips without first accepting the terms and conditions as set forth in the booking form.
Reservations and deposits
A booking deposit is required at the time of booking a pickleball tour. The tour deposit is 20% of the full tour price per person. This deposit secures a space on the pickleball trip. Space is limited and reservations are on a first-come basis.
Price of pickleball tour
The pickleball tour price includes hotel accommodation in double or twin rooms. Travelers requesting a single room will pay the single room supplement. The price for the pickleball trip you select will be locked and guaranteed the moment we receive your deposit. Our pickleball tour prices do not include airfare, personal items, and any other items not listed as “included”.
If you travel alone but wish to share a double room, PTS will try to find a roommate for you that is in the same situation. If PTS cannot find a roommate, the single supplement will have to be charged.
If you cancel
If you have to cancel your participation on a pickleball tour, there would be a charge which varies according to the period of notice you give.
Cancellation Policy (% of trip price charged per person)
- 91 + Days prior to arrival – Non-refundable portion of the deposit ($200)
- 61 – 90 Days prior to arrival – 30% of the Total Price
- 31 – 60 Days prior to arrival – 60% of the Total Price
- 0 – 31 Days prior to arrival – 100% of the Total Price
If you cancel your pickleball trip booking in a double/twin room but are traveling with a companion who chooses to continue to participate on the pickleball tour, the companion will be liable to pay the stipulated single supplement.
We take as the day of cancellation that on which we receive written confirmation of cancellation.
If we cancel the pickleball tour
We might decide to cancel a pickleball tour if at any time up to eight weeks before the tour dates there were insufficient bookings for it to be viable. We would refund everything you had paid to us. We may also cancel a pickleball trip in the unlikely event that natural disaster, civil unrest or other circumstances amounting to force majeure affect the region to which the pickleball tour was planned to go.
PTS recommends that you take out adequate travel, health accident, and trip cancellation / interruption insurance. For information about Travel Insurance click HERE.
Passport and Visa
The customer is responsible for complying with travel regulations and all consequences resulting from non-compliance. The customer must be in possession of a valid passport and proper health insurance for the duration of their stay.
Photo and video material
Photos and videos produced by PTS while on tour are the property of PTS. The copyrights are held by PTS. PTS is entitled to use all such material for advertising and marketing purposes, including images in which individual tour members can be recognized, without the tour member being entitled to make any claim against PTS for this use of material.
PTS is responsible for providing the services in the pickleball tour description according to the local standard and the accurate description of services offered in its literature. PTS carefully selects and constantly monitors its contractors, such as hotels and restaurants. PTS is not responsible or liable for any accidents. Pickleball Tour Spain reserves the right, without prior notice, to withdraw any part or all of a tour, to make such changes as may be necessary and the extra cost, if applicable, resulting there from, shall be paid by the customer.
Furthermore, it is agreed and understood that the owners, operators and agents of this pickleball trip, including PTS, are not the guardians of any customer’s safety and they, individually or collectively, cannot be held liable in any way for any occurrence in connection with the operation or the client’s participation in connection with the tour, which might result in injury, death, or other damage to the client, his property, or his family, heirs, or assigns.
You agree to defend, indemnify and hold harmless PTS and its respective directors, officers, employees, agents and representatives (collectively, the “PTS Team”), from and against any actual or threatened
suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to your use of the Services or violation (or alleged violation) of these Terms.
The services and any content included on or otherwise made available to you through the services (including third party materials) are provided to you on an as-is basis without any representations or warranties of any kind. We disclaim any and all other warranties and representations (express or implied, oral or written) with respect to the services and content included on or otherwise made available to you through the services (including third party materials).
Limitation of Liability
To the fullest extent permitted by applicable law: (a) in no event will PTS be liable to you or any third party for any special, indirect, incidental, exemplary or consequential damages of any kind arising out of or in connection with these terms or the services or any other service and content included on or otherwise made available to you through the services (including third party materials), regardless of the form of action, whether in contract, tort, strict liability, by statute or otherwise; and (b) the aggregate liability of PTS, whether in contract, warranty, tort (including as a result of PTS team’s alleged negligence), product liability, strict liability or other theory, arising out of or relating to these terms or the use of or inability to use the services may not exceed any compensation you pay, if any, to PBS for access to or use of the services.
To the fullest extent permitted by applicable law, you release the PTS Team from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with PTS and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or PTS seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or PTS seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and PTS waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Orange County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and PTS agree that any dispute arising out of or related to these Terms or our Services is personal to you and PTS and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and PTS agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and PTS agree that for any arbitration you initiate, you will pay the filing fee and PTS will pay the remaining JAMS fees and costs. For any arbitration initiated by PTS, PTS will pay all JAMS fees and costs. You and PTS agree that the state or federal courts of the State of California and the United States sitting in Orange County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these terms or our services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and PTS will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this paragraph by emailing us at firstname.lastname@example.org. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the Governing Law section of these Terms.
These Terms will be governed by and construed and enforced in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in the state and federal courts located in Orange County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Enforcement of these Terms is solely at PTS’ discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
Verbal changes of the contract are invalid unless confirmed by PTS in writing.
If you have any questions about these Terms or the PTS products and services, please contact us at email@example.com