These General Conditions of Use and Contracting (hereinafter “the General Conditions”) govern access and use of the website accessible through the domain name https://smexperiences.com/ and its subdomains (hereinafter, “the Website”), as well as the contracting of services through it. Mere access to the Website attributes the condition of user (hereinafter “the User”) and implies acceptance of all the terms included in these General Conditions. In case of not agreeing with these General Conditions, the User must immediately leave the Website without using it.
By accepting these General Conditions, the User declares:
a) That you have read, understand and accept what is stated here.
b) That, in the event that you are about to contract a service, you have sufficient capacity to do so.
c) That, in case of acting on behalf of a legal entity, it has sufficient and effective power of representation for it.
d) That, in case of entering data of third parties, you have the necessary authorizations for the treatment of said data.
e) That he is of legal age.
1. GENERAL INFORMATION OF THE WEBSITE
Owner: AVENTURA MAR Y MONTAÑA, S.L. (hereinafter referred to as “SMEXPERIENCES”).
Travel agency: Registered in the Registre de Turisme de Catalunya.
Headquarters and establishment: Pj. Ramirez, 11, Sant Cugat – 08173, Barcelona
Telephone: +34 655 067 616
Registration data: Registered in the Mercantile Registry of Barcelona, volume 46305, folio 215, sheet 515956, registration on February 19, 2018.
2. ACCESS TO THE WEBSITE
Mere access to the Website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User.
3. RULES OF USE OF THE WEBSITE
To use the Website, the User has a set of spaces where you can find general information in the Home section, information on Experiences, Crossings, Travel, Other Services and Contact information.
In the spaces destined to offer information about adventures, the acquisition of services related to each of these activities will be allowed, that is, experiences, crossings, trips or other services.
The space intended to contact incorporates a contact form so that the User can contact SMEXPERIENCES.
In any case, for the use of the Website, the User, in compliance with the provisions of these General Conditions, undertakes to maintain a conduct in accordance with the law, good practices, lawful, adequate and correct. Any use that the User makes and that may have legal consequences that affect the rights and freedoms of third parties, other than the User, will fall on the responsibility of the user and must exempt SMEXPERIENCES from any type of responsibility.
4. CONTENTS AND SERVICES LINKED ON THE WEBSITE
The website may contain linking devices, directories that allow the User to access other Internet pages and portals (hereinafter “linked sites”). SMEXPERIENCES will only be responsible for the content and services provided on the linked sites to the extent that it has effective knowledge of its illegality and has not deactivated the link to them with due diligence. In the event that the User considers that there is a linked site with illegal or inappropriate content, he can communicate it to SMEXPERIENCES.
In no case should the existence of linked sites presuppose the formalization of agreements between SMEXPERIENCES and their managers or owners. Unless expressly stated otherwise on the Website, SMEXPERIENCES is not aware of the contents and services of the linked sites and, therefore, is not responsible for any damages that may be caused to the User or to any third party. In any case, it is reported that the linked website https://toursavela.com/ is also owned by AVENTURA MAR Y MONTAÑA, S.L.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of the Website, that is, by way of illustration but not exhaustive, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes, are the intellectual property of SMEXPERIENCES or third-party licensors, and none of the exploitation rights recognized by current regulations on intellectual property over them can be understood as assigned to the User. The trademarks, trade names and other distinctive signs published on the Website are owned by SMEXPERIENCES or by third-party transferors and/or licensors, without any right over the User being understood.
6. CONTRACTING OF SERVICES
6.1. MAIN CHARACTERISTICS OF THE SERVICES
The main characteristics of the services (hereinafter “products”) offered through the Website can be found in the descriptive sheet in which they are presented. Among these products we can find package tours. In this regard, the particular contractual conditions will be described in each descriptive sheet.
6.2. PURCHASE PROCEDURE
The language in which you can formalize the contract is Spanish and English.
The procedure to buy products through the Website is as follows:
1. From the file of the desired product, the User will find all the information related to it (in the case of combined trips such information is mandatory and binding):
- DESCRIPTION: A description and/or summary of the product is exposed.
- ITINERARY: It indicates, according to the regulations, the planning and execution of the product object.
- REQUIREMENTS: All the particular conditions that will apply to the contracting of the service are exposed and must be known and respected by the User.
- DETAILS: Details of the product that will apply to the contracting of the service are exposed and must be known and respected by the User.
- MAP: The location of the product object is indicated.
- PHOTOS: A series of mages representing the object are shown.
2. Once the product information has been consulted, the User can start the purchase process if they wish. To do this, you must select the date and number of people you want in the “Make your reservation” section.
3. By selecting the desired option, the User may click on “BOOK NOW” to proceed with the purchase process.
4. Once the User has clicked on “BOOK NOW”, a new window will open so that he can enter the necessary personal data. They will be billing data, as well as data necessary for the execution of the object of the contract. You will be required to accept these General Conditions, as well as the Privacy and Cookies Policy for the treatment of your personal data, and the specific conditions of the product set out in its descriptive sheet.
5. Once you proceed to “Place the order” the User will be transferred to an external payment gateway implemented by Redsys Servicios de Procesamiento, SL, in which you must enter the card details that the User wants to use for processing the payment. In this sense, SMEXPERIENCES does not keep any data related to the User’s card number, and all the necessary actions are carried out at the same provider of the payment gateway. The cards accepted are VISA, MASTERCARD and MAESTRO.
6. Finally, the User may confirm the processing of the purchase. An email justifying and processing the purchase made will be sent to the email address that you have indicated, as well as all the necessary contractual information.
6.3. CORRECTION AND IDENTIFICATION OF ERRORS IN THE INTRODUCTION OF DATA
When the User forgets to correctly fill in any data indicated as mandatory in the corresponding form, they will not be able to advance in the hiring or validation process until they have completed it. A message on the screen will warn you of this circumstance.
You can modify and/or update at any time the information provided during the purchase process, before its completion, going back to the desired step.
If you wish to subsequently modify the information provided, you must address the magnitude of the modification:
a) If a substantial change is made to the information provided, such as any type of affectation of the User, the termination of the service may mean that SMEXPERIENCE cannot perform it. Once the period of exercise of the right of withdrawal has been exceeded, the conditions set out in the Cancellation Policy will be followed.
b) If a change is made that affects the scheduled execution of the service, such as a change of dates, if it does not proceed within 14 days of contracting, the penalty contained in the Cancellation Policy may accrue.
c) If a change is made that does not affect the execution of the service, the modification will proceed according to what is requested, such as a change of User for another of the same conditions (example: a change of an adult User for another adult User, without special needs).
d) In combined trips, the User, understood as a traveler, has the right to assign the contract to another traveler, with reasonable notice of at least seven calendar days at the beginning of the combined trip. In this sense, the User assigning the contract will be informed of the costs, which must be reasonable and, in any case, will not exceed the costs effectively borne by the organizer and the retailer due to the transfer, in a justified manner.
6.4. PRICE AND METHODS OF PAYMENT
The prices indicated for each product on its corresponding sheet include, unless expressly stated otherwise, Value Added Tax (VAT) and, in any case, are expressed by default in Euro (€) currency.
The payment method available on the Website is by VISA, MASTERCARD or MAESTRO bank card. Payment will be made on the external payment gateway implemented by Redsys Servicios de Procesamiento, S.L.
7. RIGHT OF WITHDRAWAL, CANCELLATION AND MODIFICATION OF THE SERVICE
7.1. PERIOD OF EXERCISE OF THE RIGHT OF WITHDRAWAL
The User has the right to withdraw from the contract concluded through the Website within a period of 14 calendar days without the need for justification, except in the cases set forth in point 7.3 and 7.4 of these General Conditions.
The withdrawal period will expire 14 calendar days from the day the User or a third party indicated by him acquire the service. To exercise the right of withdrawal, the User must notify SMEXPERIENCES of their decision to withdraw from the contract through an unequivocal statement (for example, by email). To meet the withdrawal period, it is sufficient that the User’s communication regarding the exercise of this right is sent before the corresponding period expires.
7.2. CONSEQUENCES OF WITHDRAWAL
In case of withdrawal, SMEXPERIENCES will return all the payments that it has received from the User, as long as the causes indicated in point 7.3 and 7.4 of these General Conditions do not concur. The return will be made without any undue delay and, in any case, within 14 calendar days from the date on which the User informs SMEXPERIENCES of his decision to withdraw from the contract.
SMEXPERIENCES will proceed to make such reimbursement using the same means of payment used by the User for the initial transaction, unless expressly stated otherwise; in any case, the User will not incur any expenses as a consequence of the refund.
7.3. ASSUMPTIONS OF NON-APPLICATION OF WITHDRAWAL
In accordance with the provisions of article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the User is informed that he will not be able to desist in the following case:
a) When the contracted service has been executed.
The User is knowledgeable and accepts that when the service has been fully executed by SMEXPERIENCES he will have lost his right of withdrawal.
The User is aware that the contracting of the services may condition the right of withdrawal, as long as SMEXPERIENCES has carried out the intermediation of actions for the management of the services, this being the moment of starting the execution of the service.
In any case, it must comply with what is stated in the cancellation policy.
7.4. CANCELLATION POLICY IN THE CONTRACTING OF SERVICES
When the User processes the purchase of a SMEXPERIENCES service, he declares himself aware of the specific terms set forth herein.
The User’s right of withdrawal is recognized at all times, having the right to the return of the amounts that he has paid, but he must indemnify SMEXPERIENCES in the amounts indicated below, unless such withdrawal occurs due to force majeure. Similarly, in the event that the withdrawal period has expired, the User may cancel the service, obtaining a refund of the amounts that he would have paid once indemnified to SMEXPERIENCES according to the following conditions:
The User will pay the management costs incurred, duly justified, the cancellation costs, if any, and a penalty consisting of:
i) There will be a penalty of 0% of the total activity if the cancellation occurs with more than 15 days from the start date of the activity;
ii) There will be a penalty of 25% of the total activity between the 14th and 7th days prior to the activity.
iii) There will be a penalty of 50% of the total activity between days 6 and 3 prior to the activity.
iv) There will be a penalty of 100% of the total activity in the 48 hours prior to the no show.
v) If there are management costs, as well as reservations made for the night, food or transportation, they will be deducted separately.
In the event that the combined trip is subject to special economic contracting conditions, such as air freight, ships, special rates, etc., the cancellation costs for withdrawal will be established in accordance with the conditions agreed between the parties. In the absence of an agreement, the special cancellation and management expenses will be determined in accordance with their reality; that is to say, SMEXPERIENCES will accredit the amount of the expenses caused by the withdrawal or cancellation of the User.
If the client’s withdrawal occurs after a deposit has been made, the agency will return the amount thereof, once the expenses have been deducted and, where appropriate, the corresponding compensation and penalties.
7.5. SUPERVENING MODIFICATION OF THE SERVICE
If the service contracted by the User suffers any modification, SMEXPERIENCES will offer the User:
a) In the event that the services cannot be carried out due to the concurrence of unavoidable and extraordinary circumstances, such as meteorological ones or risk for the User, the latter may request the reimbursement of the expenses assumed by subtracting the expenses assumed entirely by SMEXPERIENCES for the intermediation of the service, which must be paid within a period not exceeding 14 days after the end of the contract.
b) In the event that the services provided were not in accordance with the contract or were not provided, the User must be offered alternative formulas of equivalent or superior quality at no additional cost to the services not provided. If the indicated problem is not rectified within a reasonable period, reimbursement of the expenses assumed may be requested, which must be paid no later than 14 days after the end of the contract.
c) In any case, for the combined travel modality, when unavoidable and extraordinary circumstances occur in the destination or in the immediate vicinity that significantly affect the execution of the combined trip or the transportation of passengers to the destination, the User understood as a traveler will have the right to terminate the contract before the start of it without paying any penalty. In this case, the traveler will be entitled to a full refund of any payment made, but not to additional compensation.
d) In any case, for the combined travel modality, no additional compensation will proceed if:
1.- The number of people registered for the combined trip is less than the minimum number specified in the contract and the organizers notify the traveling User of the cancellation within the period established therein, which will be at the latest:
- Twenty calendar days before the commencement of the combined trip in the case of trips of more than six days in duration,
- Seven calendar days before the commencement of the combined trip in the case of trips of between two and six days in duration.
- Forty-eight hours before the commencement of the combined trip in the case of trips of less than two days’ duration, or
2. The organizer is unable to execute the contract due to unavoidable and extraordinary circumstances and the traveler is notified of the cancellation without undue delay before the commencement of the combined trip.
e) SMEXPERIENCES informs the User that if it observes a behavior on their side that contravenes the conditions set out in these General Conditions, or that may pose a danger to the security and correct development of the service, it may exclude its participation in the activity without any type of right to claim and refund.
8.- PARTICULAR RESPONSIBILITY OF THE USER
The User declares to be aware of the specific conditions of purchase of each product, after consulting the information related to it, understanding the particularities that each product may have, as well as possible conditions that limit the use and enjoyment of it.
The User is aware that the activities offered can be carried out in the natural environment. This implies a higher or lower level of demand. This particularity is detailed in each descriptive sheet of the product. The User assumes total particular responsibility for the development of each activity, according to the level of demand indicated. If a User considers that s/he has a higher level of professionalism to carry out a more demanding activity, it results from his/her mere appreciation; this expertise must be in accordance with his/her particular real conditions.
SMEXPERIENCES catalogs activities with different levels of difficulty. Difficulty levels are understood as the scales of physical demand and technical expertise to carry out the activity, and correspond to the following scales:
I) Very easy: less than 8 km away and up to 200m of positive slope.
II) Easy: between 8 and 15 km and up to 500m of positive slope.
III) Medium: between 10 and 20 km and up to 1000m of positive slope.
IV) Medium-High: between 12 and 25 km and up to 1500m of positive slope.
V) Heigh: between 15 and 25 km and up to 1500m of positive slope with technical steps.
VI) Very high: more than 25 km and more than 1500m of positive slope and technical steps.
In each activity the necessary material and the technical skills required will be specified, as well as all relevant information that the User must know.
The User agrees not to be under the effects of alcoholic beverages, drugs, narcotics and/ or the like, capable of altering their cognition and ability, as well as any medication that may cause similar effects. In this sense, the User will assume full responsibility for the damages that may be derived and/or caused by reason of such situation.
The User agrees to be fully diligent with the use of material offered for the development of the service. If due to negligence of the User in the use of the material, the loss or important deterioration of the same occurs, he will be responsible for returning the material, paying the corresponding monetary amount.
In this sense, SMEXPERIENCES must protect its integrity by attending to the characteristics of its products, understanding them as services, since they are provided under very specific conditions. For all this, the User assumes any responsibility and expressly exonerates SMEXPERIENCES for any lack of use and enjoyment according to the expectations it may have.
9. ADDITIONAL CONDITIONS TO THE SERVICE
The User is informed that SMEXPERIENCES has contracted the following insurance policies with the following benefits:
- Personal Accident Policy for the practice of Active Tourism.
- General Civil Responsibility Policy for Active Tourism and Adventure Sports, and as a Travel Agency.
The User is informed that, in the combined trips, the service organizer and the retailer are responsible for the correct execution of all the travel services included in the contract, and are obliged to provide assistance if the traveler is in difficulties.
The User is informed that as a traveler, he must communicate any lack of conformity noted during the execution of the combined trip.
The User is informed that in the case of minors traveling who are not accompanied by a relative or another authorized adult, provided that the combined trip includes accommodation, information that allows direct contact with the minor or with the person responsible for the minor in the place of their stay must be provided.
The User is informed that they must inform the organizer of the activity, or the activity’s guide, about possible health problems, allergies or diseases that may condition the development of the activity, before hiring the same activity. If you do not know about this health problem, allergy or illness at the time of hiring, you should report it as soon as possible.
The User exonerates SMEXPERIENCES from any type of claim or responsibility regarding the unfulfilled expectations related to the purchased service.
10. COMPLAINTS, CLAIMS AND REQUESTS FOR INFORMATION
The User can direct their complaints, claims and/or requests for information to SMEXPERIENCES, using any of the following channels:
- Sending a letter to: Pj. Ramirez, 11, Sant Cugat – 08173, Barcelona.
- Sending an email to the address: firstname.lastname@example.org.
- Calling the phone +34 655 067 616 from 08:00 to 20:00, from Monday to
SMEXPERIENCES has official claim forms that the User can request.
11. NULLITY AND INEFFECTIVENESS OF THE CLAUSES
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect the above mentioned provision or the part of it that is null or ineffective, subsisting these General Conditions in everything else and considering such disposition total or partially not included.
12. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
These General Conditions will be governed and interpreted in accordance with Spanish legislation.
When the User has the status of “consumer or user”, in case of controversy, the User can choose to file their claim before the Courts or Tribunals that correspond to their domicile.
If the User does not have the status of “consumer or user”, the User and SMEXPERIENCES agree to submit any controversy derived from the use of the Website, or the contracting of goods and/or services made through it, to the Courts and Tribunals of Barcelona, expressly waiving any other jurisdiction that may correspond to them.
13. ALTERNATIVE RESOLUTION OF CONSUMPTION DISPUTES
The User is informed about the existence of the European Union’s online dispute resolution platform, which can be accessed here.