Contracting, returns and refunds policy

GENERAL TERMS AND CONDITIONS - MM ACADEMY, S.L.

This document (together with all documents referred to herein) sets out the terms and conditions governing the use of this website. (https://manumartin.academy/es/mm-academy-experience/) and the conditions and services offered at the events to be held (hereinafter, the "Conditions"), whatever the application, digital media, support or device through which it can be accessed. Please read these Terms and Conditions carefully. By using this website to attend an event related to (https://manumartin.academy/es/mm-academy-experience/), you agree to be bound by these Terms and our policies, so if you do not agree with all of them, you should not use this website.

These Conditions, together with the particular conditions, which may be applicable, constitute the contract between MM ACADEMY, S.L., (hereinafter, "MM ACADEMY") and any User who wishes to attend the Events that are organised (hereinafter, the "Event"), through https://manumartin.academy/es/mm-academy-experience/ (hereinafter, the "Website").

1. General.

The General Terms and Conditions and the Privacy Policy are the basis on which Users accept the services that MM Academy provides for the Event experience.

The Terms and Conditions apply to Users as soon as any deposit is made to MM Academy, regardless of whether it corresponds to the first non-refundable deposit to the full payment of the Event.

In the event that the service provided is to several Users, and only one of them has carried out the procedures for contracting the Event, he/she shall be responsible for ensuring that the rest of the Users are aware of and accept the applicability of these General Terms and Conditions.

• Legal relationship applicable to the Contract and acceptance of the General Terms and Conditions.

The General Conditions that are the object of this document are subject to Royal Legislative Decree 1/2007, of 16 November, which approves the Revised Text of the General Law for the Defence of Consumers and Users and other complementary regulations, and to Law 7/1998, of 13 April, on General Contracting Conditions and other provisions in force that affect the Conditions within the legal framework of the Kingdom of Spain.

MM Academy may modify the General Terms and Conditions at any time without prior notice. It is therefore important that the User reads them prior to confirming attendance at the Event. The most recent version of the General Terms and Conditions can be found on the website. In the event that the General Terms and Conditions have been modified after the confirmation of the Event, the General Terms and Conditions in force at the time of the confirmation of the Event shall apply for each Event.

MM Academy does not adhere to any alternative dispute resolution method (arbitration, mediation, negotiation...) unless expressly agreed otherwise.

• Organisation.

In compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, you are hereby informed that the company that owns the page https://manumartin.academy/es/mm-academy-experience/  en:

Company name:	MM ACADEMY, S.L.
Trade name:	MM ACADEMY.
NIF:	B-56146640.
Registered office:	Calle Gloria Fuertes, Nº64, 28049 Madrid.
Email:	[email protected]
Registration data:	Madrid Mercantile Register, in volume 45392, folio 161, 1st entry and page M-798446.
These General Terms and Conditions are written in Spanish.

• Definitions.

• User: any person who enters into a Contract, or is entitled to attend an Event under a Contract.

• Organisation: the company MM ACADEMY, S.L., with registered office at Calle Gloria Fuertes, Nº64, 28049 Madrid and tax identification number B-56146640.

• Contract: the binding agreement between the Organisation and the User.

• Event: consists of the object regulating the Contract between the Organisation and the User.

• Significant Variation: any modification to the programme of activities of the Event which leads to a variation in the price of the Event by more than 8% or which entails a substantial change to the essential elements of the Event.

• Last minute booking: a last minute booking shall be understood as a booking made thirty (30) days prior to the start of the Event.

• Intermediary Relationship.

MM Academy acts only as an intermediary between the different services offered by the accommodation, transport, Event suppliers, attractions or activities. The Organisation undertakes to ensure that these providers are of high quality and guarantee Users the most satisfactory Event possible. MM Academy makes no commitment or implied warranty as to the suitability or condition of any product or service of any supplier.

The User acknowledges and must accept that the Organisation is not responsible for any loss, damage or omission that the Users may suffer during the celebration of the Event with the suppliers. It is the User's responsibility to be aware of the supplier's policies regarding certain issues such as accommodation, luggage, security, etc.

• Event Contracting Process.

The Organisation shall make available to Users a programme of activities for the Event in the form of a document detailing all aspects of the Event, which may be in physical or digital format.

Prior to acceptance by the User, pre-contractual information will be provided to them.

Upon acceptance of the Event by the User, the User will make a payment of 25% of the Event in the form of a non-refundable deposit. The User will make a one-off payment of the total Event cost in the case of a Last Minute Booking.

From that moment, the Organisation will make the necessary arrangements to offer all the services listed in the programme of activities of the Event. The Organisers will not make any reservations prior to receiving the initial payment, and therefore the prices, availability and arrangements for the Event will not be guaranteed prior to said payment. Once the initial payment has been made, the Organisers will communicate any possible changes to the programme of activities.

This amount will be deducted from the final price when formalising the payment of the 75% of the Event, provided that the User finally contracts and confirms it. Otherwise, if the User does not make a reservation on the estimate or, once the reservation has been made, cancels it, the amount corresponding to the payment made for this concept will not be refunded in any case.

Final reconfirmation of the Event will occur one (1) month prior to the start of the Event upon payment of 75% of the price in advance.

Any changes to the programme of activities of the Event will always be replaced by an equivalent service with the same qualities, if possible, and this change is always subject to non-significant variations with respect to the final price.

• Economic Conditions.

• Price.

The price of all Contracts made with MM Academy must be paid in Euros.

The price shall constitute all that is specified in the Contract and may vary between the Event programme of activities and the final invoice. In the event that such changes to the Event programme of activities and final invoice are due to changes in suppliers MM Academy shall not be liable for any errors or omissions in advertising or on the website that may result in price discrepancies.

• Price Review.

Once the 25% payment of the Event deposit has been made by the User, the price will not vary, unless for organisational reasons or at the User's request it is necessary to eliminate or modify any service, these variations not being significant or modifying the final price. The User may make these non-significant variations up to the month prior to the start of the Event.

In the event that the User wishes to make any non-significant variations, which are not considered Significant Variations (as defined in clause 4), the User must notify the Organisers in writing as soon as possible. The Organisers will use their best endeavours to include such a change in the programme of activities for the Event, but cannot guarantee that requests for changes will be honoured. The Organisers may charge a non-refundable amendment fee per person to cover the administrative costs of such changes.

Once payment of the 25% deposit has been made, MM Academy will make available to the User with the invoice, the document (the final proposal) detailing the services that are included, stating that those that are not included will not form part of the price.

In those cases in which a significant variation is produced by the User that entails a modification of the Event for MM Academy, these will have to be assumed by the User, who will have to pay the payments included in the initial price and the new ones incurred by the variation.

Notwithstanding the foregoing, MM Academy shall not be obliged to assume any change whose amount varies by more than 8% (upwards or downwards) from the initial price at which the 25% of the deposit payment is calculated.

• Method of payment and means of payment:

The User shall proceed to make payment for the Event to MM Academy after sending the invoices as follows:

1. 25% of the Event, as a deposit, upon acceptance of the Event; and
2. the remaining 75%, one (1) month prior to the start date of the Event.

Notwithstanding the foregoing, the applicable payment percentages may be altered if required by the Event providers and with the prior knowledge and consent of the User.

In the event that the Event is contracted less than one (1) month before the start of the Event, the User shall pay 100% of the Event price directly in a single payment.

The means of payment accepted for payment of the Event will be by credit card. MM Academy will always provide the User with a secure website and will never ask for personal bank or credit card details.

To minimise the risk of unauthorised access, your credit card details will be encrypted. Credit cards will be subject to checks and authorisations by the credit card issuer, but if the credit card issuer does not authorise payment, MM Academy will not be liable for any delay or non-delivery and will not be able to enter into any contract with a User.

• Additional costs to be borne by the User:

• The User shall pay all costs that are external to the offer he/she purchases in accordance with the particular conditions.

• Cancellations and refunds:

• Organisation:

MM Academy may cancel the Event by refunding within the following deadlines:

1. Notify the User of the cancellation within the following deadlines:

• Twenty (20) calendar days prior to the start of the Event (in the case of Events lasting more than six (6) days).
• Seven (7) calendar days prior to the start of the Event (for events lasting between two (2) and six (6) days).
• Forty-eight (48) hours prior to the start of the Event (in the case of Events lasting less than two (2) days).

• MM Academy is unable to execute the Contract due to circumstances of force majeure beyond its control, and shall notify the User of this at the time it becomes aware of them without any time limitation with respect to the start of the Event.

• MM Academy reserves the right to cancel the event if a minimum number of User participations is not reached. In the case of paid Events, participation fees already paid will be refunded in full, unless the date can be postponed or there are objective reasons for cancellation defined at a later date.

• User:

The User may cancel the Event at any time prior to the start of the Event by notifying the Organisation in writing subject to the following penalties:

1. More than thirty (30) calendar days before the start date of the Event as stated in the Event programme of activities, the cancellation fee will be the deposit;

• Fifteen (15) to thirty (30) calendar days prior to the start date of the Event as indicated in the Event schedule, fifty percent (50%) of the total cost of the Event.

• From seven (7) to fourteen (14) calendar days prior to the start date of the Event as indicated in the Event schedule, seventy-five percent (75%) of the total cost of the Event;

• Six (6) calendar days or less prior to the Event start date set out in the Event schedule, one hundred percent (100%) of the total cost of the Event.

Cancellation charges will apply to all bookings except for those bookings where the suppliers have their own cancellation policy, and Users should check these if they have any doubts about the cancellation policy.

MM Academy recommends that all Users take out a Refund Insurance policy which, according to its conditions, ensures the recovery of the amounts paid by the User in the event of cancellation.

• Delimitation of services.

MM Academy at the time of sending the invoice for the User's deposit payment will also send a document listing all the services to be offered to the User attending the Event.

As mentioned above, in the event that a service cannot finally be offered. MM Academy will try to offer a service that is the same or similar to the original one, and the User may modify or reject it as soon as they are aware of it, provided that it involves a significant variation in the price, resulting in a variation in the final price of the Event or the possibility of cancelling the Event.

• Rights and duties before the start of the Event.

• Organisation:

MM Academy undertakes to provide all its Users with all the services of the Event contained in the Contract, with the conditions and characteristics stipulated, although before the start of the Event it may make those changes that are necessary for the proper completion of the Event and that do not entail significant variations.

Notwithstanding the above, in the event that MM Academy is obliged to make substantial changes to the contracted services or proposes to increase the price by more than eight percent (8%), it shall inform the User without delay, including modifications to the programme of activities and their impact on the price.

The User must notify MM Academy within twenty-four (24) hours if he/she accepts the modifications to the programme of activities and the new price.

• Users:

MM Academy is committed to making the User's Event as rewarding as possible, but in order to do so it will require the User to take on certain responsibilities:

• Collaborate with MM Academy by providing the necessary information in the shortest possible time, in order to prevent delays in the organisation of the Event.

• It is the responsibility of Users to ensure that they have all the necessary documentation in order to ensure entry and exit from the countries visited during the Events (e.g. visas, vaccinations, etc.). Documentation relating to passports or ID cards or similar for their identity must always have an expiry date that is not less than or equal to six (6) months for their expiry.

• It shall also be the responsibility of the Users to ensure that all data contained in the documents required for entry and exit of the countries are valid. As well as the custody of these before and during the entire Event.

1. Reservation of the right of admission:

1. MM Academy reserves the right of admission. In particular by denying access and expelling those Users who:

• Do not submit your entry when requested to do so by the organiser, either in digital or printed format.
• The entry has been altered, tampered with, falsified or is damaged or illegible.
• The ticket had already been used before. In the event that the tickets are nominal, the ticket holder does not match the name of the bearer.
• It may reasonably be presumed that it will involve a situation of risk or danger to himself or others, by disturbance or states of apparent or potential intoxication, the bearer being personally liable in all cases for his own actions and omissions causing injury to third parties or damage to property.
• That they do not comply with any of the rules in this document, other rules that the organiser has expressed or that go against the General Regulations for the Police of Public Entertainment and Recreational Activities, Royal Decree 2816/1982, of 27 August, in particular with regard to articles 59, 60 and 61.

1. Rights and obligations once the Event has started:

1. Organisation

MM Academy is obliged to correctly execute the services included in the contracted Event, being liable for the damages suffered by the User as a consequence of the non-execution or deficient execution of the Contract, except:

• Any event beyond the reasonable scope of MM Academy.

• Acts or omissions arising from services that are guaranteed by suppliers or independent third parties.

• Any loss, damage, compensation or expense if not caused by MM Academy's breach or negligence.

• Any direct or indirect loss of business, including loss of profit.

• Any damage, loss, compensation or expense suffered by the User as a result of the User's omission of the User's information and therefore lack of knowledge of MM Academy.

• Any service that is not defined in the document thatMM Academysupplies to the User together with the deposit invoice.

• Any act or omission that is not a breach of the Contract or does not result from a failure to act caused by MM Academy or our employees.

1. User:

You agree that you are responsible for all losses, damages or claims arising in connection with the Event as a result of any misconduct by you or any member of your party. In the event of any claim being made against us as a result of your acts or omissions, or those of any of the members of your party, you shall hold us harmless and, if any money is claimed from us, indemnify us for such sums, including any penalties or interest.

Users attending MM Academy Events in the country in which they are held must conform to the customs and practices of both countries, respecting the social and cultural values of these countries.

In any case, the User is obliged to take appropriate and reasonable measures to try to reduce the damage that may result from the non-execution or deficient execution of the Contract or to prevent its aggravation.

The serious breach of these duties entitles MM Academy to terminate the Event Attendance Contract for reasons attributable to the User, the latter being liable for any damages that may have been caused to the Organisation.

The User shall be obliged to notify MM Academy of any lack of conformity on their part in the execution of the Contract as soon as possible, as well as to accept the new proposals of the latter, in relation to said non-conformity, if these are of the same quality as those included in the Contract, or if, being of lower quality, they have been offered an appropriate price reduction.

1. Execution of the contract.

MM Academy shall enclose with the deposit invoice a document setting out the services and features to be offered at the Events to be attended by Users.

In the event that services offered in the Event's programme of activities cannot be provided during the Event, MM Academy undertakes to seek all alternative arrangements that can guarantee a service or features of equal or better quality.

In the event of a change of services, Users may decide whether they wish to accept the new services.

Where part of the services, features or activities of the Event cannot be provided or alternative arrangements would lead to a reduction in the quality of the Event, MM Academy undertakes to reduce the price accordingly.

1. Assistance.

The Organisers will provide all Users who choose to attend an MM Academy Event with a telephone support service throughout the Event.

MM Academy will endeavour, to the extent possible, to assist Users with any inconvenience they may experience during the Event.

1. Force majeure.

In general, MM Academy shall not be liable for any failure or delay in the performance of any of the obligations assumed, when such failure or delay is due to events beyond its reasonable control, i.e. due to force majeure, which may include, but is not limited to, but is not limited to, force majeure:

• Strikes, lockouts or other industrial action.
• Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
• Inability to use public or private telecommunications systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In the event of force majeure, the following rules shall apply:

• In the event of force majeure circumstances occurring at the location, destination or in the immediate vicinity of the Event, the User may cancel their attendance at the Event without penalty and shall be entitled to a full refund of the price paid. Should it be the case that the User shows a willingness to attend the Event in the future, MM Academy will endeavour to retain the price paid by the User to attend the Event when the unavoidable and extraordinary circumstances cease to exist.

• Should circumstances of force majeure occur during the course of the Event, making it impossible to guarantee the return of Users on the date established in the Contract, MM Academy undertakes to make its best efforts to assist the User in finding accommodation and other situations in which the User requests assistance from the Organisation.

In no case shall force majeure be understood as force majeure and, therefore, no amount shall be reimbursed when the withdrawal from the Event is due to personal circumstances of the User that cannot be attributed to the Organisation or to a case of force majeure as established in the regulations mentioned in the first section. In addition to the non-refund, the penalties established in the General Conditions of Contract shall be attributable to the User.

1. Responsibility.

MM Academy may limit in the Contracts it enters into the compensation payable to the User provided that such limitation does not apply to personal injury or damage caused intentionally or by gross negligence.

1. Intellectual and industrial property rights.

The User acknowledges and accepts that MM Academy holds and is the owner of all intellectual and industrial property rights and any other rights, including image rights, derived, directly or indirectly, from the artistic performances or any other rights, including image rights, derived, directly or indirectly, from the artistic performances or any other rights that may take place on the occasion of the event, without territorial or temporal limitation, and without any limitation other than those set forth in the Intellectual Property Law. Likewise, attendees may carry mobile phones, cameras or other devices for their own personal use.

1. Image and sound recordings.

During the Events, MM Academy may make image and sound recordings for public relations marketing purposes, which may be used in its public relations advertising media. By participating in the Event, the User agrees to the use of this material, in which he/she may be depicted.

1. Partial nullity.

If any of these Conditions or any provision of the Contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force and shall not be affected by such declaration of nullity.

1. Viruses, hacking and other computer attacks.

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or any other technologically harmful or deleterious programs or material onto this website. You will not attempt to gain unauthorised access to this website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of offences punishable by the applicable regulations. We will report any such breach to the relevant authorities and we will co-operate with them in order to discover the identity of the offender. Furthermore, in the event of a breach of this clause, you will immediately cease to be authorised to use this website.

We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer equipment, computer equipment, data or materials on account of your use of this website or your downloading of any content from or redirected to this website.

• Links from our website.

Where our website contains links to other websites and materials from third parties, these links are provided for information purposes only and we have no control over the content of those websites or materials. We therefore accept no liability whatsoever for any loss or damage arising from their use.

• Written communications.

Applicable law requires that some of the information or communications that MM Academy sends be in writing, so by using this website, you agree that most such communications with MM Academy will be electronic.

For contractual purposes, the User consents to the use of electronic mail as a means of communication and acknowledges that all contracts, notifications, information and other communications that MM Academy sends electronically comply with the legal requirements of being in writing. This condition shall not affect the User's statutory rights. This condition will not affect your statutory rights.

• Health.

By paying the Deposit (or in the case of late Bookings, by sending us payment in full), without any caveat, you expressly declare that none of the members attending the Event has any illness or disability, physical or otherwise, which would make the Event unsafe for you or other Users. You should receive up-to-date health advice on the health precautions to be taken prior to the Event.

• Regulations Applicability and jurisdiction

This contract is of a commercial nature and shall be governed by and interpreted in accordance with Spanish law and other applicable European legislation.

In the event of any type of discrepancy or difference between the parties in relation to the interpretation, content or execution of the contract, the parties will submit to the territorial jurisdiction of the courts or tribunals corresponding to the Community of Madrid, Spain, renouncing any other jurisdiction that may correspond to them, and provided that there is no express mandatory rule to the contrary.

MM Academy does not adhere to any alternative dispute resolution method (arbitration, mediation, negotiation...) unless expressly agreed otherwise.

• Data protection.

Responsible: MM ACADEMY, S.L.

Data protection officer: Miguel Mateu Fernández.

Purpose: To provide the services requested and to carry out accounting, tax and administrative management, as well as to send you commercial communications about our products and/or services and to carry out satisfaction surveys. Legitimation: Execution of a Contract. Legitimate interest of the data controller. Recipients: No data will be transferred to third parties, unless legally obliged to do so. Rights: You have the right to access, rectify and delete the data, as well as other rights, indicated in the additional information, which you can exercise by sending an e-mail with a copy of your NIF to our e-mail address [email protected]. Origin: The interested party. Additional information: You can consult additional and detailed information on Data Protection at: manumartin.academy/en/mm-academy-experience/.