Legal notice

GENERAL WEBSITE INFORMATION

In compliance with the provisions of article 10 of Law 34/2002, of 11 July, on information society services and electronic commerce, the general information on the Website is provided below:

Owner: AVENTURA MAR Y MONTAÑA, S.L. (hereinafter referred to as “SMEXPERIENCES”).
Travel agency: Registered in the Registre de Turisme de Catalunya.
Location and place of business: Pj. Ramirez, 11, Sant Cugat – 08173, Barcelona
C.I.F.: B67168369
E-mail: info@smexperiences.com
Telephone: +34 655 067 616
Registration details: Registered in the Barcelona Companies Register, volume 46305, folio 215, page 515956, entry on 19 February 2018.

USE OF THE WEBSITE

Simple access to the website confers the status of user of the same (hereinafter, “the User”), and implies that the User accepts all the terms set out herein. If you do not agree to these terms, you must immediately leave the website without using it.

Access to the website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.

The SMEXPERIENCES website is not intended for persons under 18 years of age. By using the website you represent and warrant that you are at least 18 years of age.

INFORMATION PROVIDED ON THE WEBSITE

SMEXPERIENCES is a website where you can purchase services related to the field of tourism, such as experiences, tours or trips. If the User decides to acquire one of the services, he/she will be fully responsible for complying with the particular conditions included in the file of the desired activity, exempting SMEXPERIENCES from any type of liability for non-compliance.

SMEXPERIENCES indicates on its website a set of prices for information purposes. These prices may be updated. If the User, on the basis of the information provided, wishes to contact SMEXPERIENCES, there are contact points provided for this purpose. The User is aware of the above, and understands that the information provided on the website cannot give rise to any kind of claim against SMEXPERIENCES.

EXCLUSION OF LIABILITY

Access by the User to the Website does not imply any obligation on the part of SMEXPERIENCES to check for the absence of viruses, worms or any other harmful computer element. It is the responsibility of the User, in any case, to ensure the availability of adequate tools for the detection and disinfection of harmful computer programmes.

SMEXPERIENCES shall not be liable for any damage caused to the software and computer equipment of the User or third parties during the use of the services offered on the Website, nor for any damage of any kind caused to the User as a result of faults or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the Website service during the provision of the same or beforehand.

SMEXPERIENCES may, at its sole discretion and without prior notice, temporarily or permanently suspend the accessibility and/or permanence of the Website on the Internet, as well as the services offered through it. In no event shall SMEXPERIENCES assume any liability whatsoever for such acts.

CONTENT AND SERVICES LINKED THROUGH THE WEBSITE

The website may contain linking devices, directories that allow the User to access other Internet pages and portals (hereinafter referred to as “linked sites”). SMEXPERIENCES shall only be liable for the contents and services provided on the linked sites to the extent that it has actual knowledge of their unlawfulness 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/she may inform SMEXPERIENCES. Under no circumstances should the existence of linked sites presuppose the formalisation of agreements between SMEXPERIENCES and those responsible for or owners of the same. Unless expressly stated otherwise on the Website, SMEXPERIENCES has no knowledge of the contents and services of the linked sites and, therefore, shall not be liable for any damages that these may cause to the User or any third party. In any case, it is reported that the linked website https://toursavela.com/ and http://escapemountain.es/ is also owned by AVENTURA MAR Y MONTAÑA, S.L..

The User undertakes to make appropriate use of the contents and services offered on this website and, by way of example, but not limited to, not to use them for illicit or illegal activities, contrary to good faith and public order, or which may be classified as crimes or punishable by law. The User assumes full responsibility for his or her actions.

SMEXPERIENCES shall not be liable, under any circumstances, for damages of any kind that may be caused by, but not limited to: errors or omissions in the content, lack of availability of the portal or the transmission of viruses or malicious or harmful programs in the content, despite having taken all the necessary technological measures to prevent it.

INTELLECTUAL AND INDUSTRIAL PROPERTY

All the contents of the Website, understood to include, but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of SMEXPERIENCES or third parties, and none of the exploitation rights recognised by current legislation on intellectual property on the same may be understood to have been ceded to the User.

The trademarks, trade names or distinctive signs are owned by SMEXPERIENCES or third parties, without it being understood that access to the Website attributes any right over them to the User.

In the event that the User is allowed to publish directly or through SMEXPERIENCES on the Website, the User grants SMEXPERIENCES, on a non-exclusive basis, free of charge, for the entire world territory and for the maximum period of protection provided for by law, all the rights of reproduction, distribution, public communication and transformation, so that the services requested or used by the User may be provided correctly.

PRIVACY AND COOKIES POLICY

The User may obtain information about the processing of personal data that we carry out on this Website, through the link to the Privacy Policy.

SMEXPERIENCES may use cookies to personalise and facilitate the User’s browsing of its Website as much as possible. For further information, the User may consult the Cookies Policy published on this Website.

NULLITY AND INEFFECTIVENESS OF CLAUSES

If any provision of these Terms and Conditions is declared wholly or partly invalid or unenforceable, such invalidity or unenforceability shall only affect that provision or that part of it which is invalid or unenforceable, and the remaining Terms and Conditions shall survive in all other respects and such provision shall be deemed not to be included in whole or in part.

SMEXPERIENCES will pursue the breach of these conditions, as well as any improper use of its Website, exercising all civil and criminal actions that may correspond to it by law.

The failure of SMEXPERIENCES to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver thereof, unless expressly acknowledged and agreed to in writing by SMEXPERIENCES.

APPLICABLE LAW AND COMPETENT JURISDICTION

These Terms of Use shall be governed by and construed in accordance with Spanish law. SMEXPERIENCES and the User agree to submit any dispute that may arise between them as a result of access to and/or use of the Website to the Courts and Tribunals of Barcelona, unless otherwise provided by law.

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