General Conditions of Contract
This document establishes the general conditions of the contractual relationship whose purpose is the contracting of services offered from this website, and of which OUTDOOR GLOBAL CORP, S.L. is the owner and owner. (hereinafter, “ROCROI”) with registered address at Moll de Ponent s/n, CP: 08800, Vilanova i la Geltrú (Barcelona), registered at Registered in the commercial registry of Barcelona, in Volume 47711, Folio 118, Page 560159, Registration: 1st with CIF: B-42929778, and the natural and/or legal persons (hereinafter, “CLIENT”) that express the will to contract the services through the request made via Internet through this website.These user requests constitute the particular conditions to which these general conditions are associated that the CLIENT must necessarily accept electronically prior to contracting the service. The CUSTOMER is exposed through this same website these conditions, so that they can read, print, file and accept them. These general conditions together with the request for the specific services made by the CLIENT imply the formalization of the contract for the provision of services between ROCROI and the CLIENT who affirms having read, understood and accepted these conditions. The CLIENT can always consult these general conditions through the website.
FIRST.- OBJECT OF THE CONTRACT.-
Through these General Conditions, ROCROI undertakes to provide the CUSTOMER with the service that it has contracted, through the website, in exchange for a certain price.By contracting the service available on this website, the CLIENT declares that: a) That he is a person of legal age and with the capacity to contract. b) That they have read, understood and accept these General Conditions of Contract. Our activities and their prices are valid as long as they are displayed on the website and, always, subject to the availability of the company’s human and material resources. Within this framework, indications on these criteria will be provided at the time each order is processed. This information is provided directly by our information systems and exceptional errors could occur in the offer of the availability of the set of activities. In the event that the contracted activity is not really available after the processing of an order, the client will be informed by email or by telephone of the possible time modification of their reservation or its cancellation giving the right, in the event that the client does not agree with the change of schedule, to the cancellation of this with the return of the corresponding amount within a maximum of 30 days from the moment of purchase. In the event that the contracted activity is not really available after the processing of an order, the client will be informed by email or by telephone of the possible time modification of their reservation or its cancellation giving the right, in the event that the client does not agree with the change of schedule, to the cancellation of this with the return of the corresponding amount within a maximum of 30 days from the moment of purchase.
SECOND.- ALTERATION OF THE GENERAL CONDITIONS.-
ROCROI reserves the right to modify these General Conditions at any time, without the need to notify the CUSTOMER in advance, who in any case is responsible for reviewing them as a prerequisite for acquiring the service available through this website. In any case, the General Conditions that were exposed on the Web page at the time the CLIENT acquires the corresponding service will be considered valid and applicable.
THREE.- ACTIVE TOURISM.-
Active tourism companies are considered to be those dedicated to providing, on a regular and professional basis, for a price, recreational, sports and adventure tourist activities that are practiced using basically the resources that nature itself offers in the environment in which they are developed, be it aerial, terrestrial surface, underground or aquatic, and to which the risk factor or a certain degree of skill or physical effort for its practice is inherent. For the practice of the activities, ROCROI will have approved equipment and material and, exceptionally, resources other than those offered by nature may be used.The practice of active tourism activities implies a commitment of physical effort assumed and known voluntarily by the client and the decision to participate in them implies that the participant assumes the potential risk derived from their nature. Since it is an adventure sport service, ROCROI may require age, physical condition and health conditions to be able to practice the different activities it offers, conditions that must be justified by the characteristics of the activity, by the conditions in those that must be practiced or due to other motivated circumstances. Said conditions are duly informed in the file of each activity. The activities and their correct development are subject to the conditions of the environment in which they take place and of the people who participate in them, so they may undergo changes before or even during the activity (meteorology, sudden changes in flow, physical problems of participants, etc). In case of cancellation by RocRoi due to force majeure, the client will have the right to postponement, substitution for another activity of their agreement or refund of the amount paid. The itinerary described in the sheets of each activity may undergo minor adjustments to improve the experience or the safety conditions of the client without altering the duration and route of the activity. In the event that parents or guardians do not attend the activity, for the participation of minors in the activities offered, ROCROI must have proof, in advance and in writing, of the authorization of the parents or guardians, in the which must include the identification of the activity or activities that are authorized. In the event that minors participate in any activity contracted by an entity or group, it will be responsible for having such authorization, holding ROCROI harmless from any liability in this regard.
FOURTH.- RIGHTS AND OBLIGATIONS OF ROCROI.-
4.1. Responsibility of ROCROI. In no case will it be responsible in relation to:4.1.1. Errors, delays in access by the CLIENT when entering their data or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable external contingency to the good faith of the company. In any case, ROCROI undertakes to solve any problems that may arise and to offer all the necessary support to the CLIENT to reach a quick and satisfactory solution to the incident. 4.1.2. Of the errors or damages caused by an inefficient use of the service and in bad faith by the CLIENT. 4.1.3. Of non-operation or problems in the email address provided by the CLIENT for sending the order confirmation. 4.2. Right of withdrawal: The right of withdrawal is the one that assists any consumer who contracts a service or acquires a product remotely, including electronic contracting. ROCROI guarantees this right for those consumers who contract any of its services through its website, all of this taking into account the exceptions that we set out below and that are included in current regulations. Given the nature of the service offered by ROCROI and in accordance with article 103, point m) of Royal Legislative Decree 1/2007, of November 16, on the Defense of Consumers and Users, the right to Withdrawal is not applicable when the provision of the service has been completely executed, when the execution has begun, with the prior express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract started by of the entrepreneur, you will have lost your right of withdrawal. The contract is subject to a cancellation policy (4.3), therefore, if the activity is carried out before 14 days from the contract date, the CLIENT will lose the right of withdrawal taking into account that provision by ROCROI begins before the CUSTOMER enjoys the contracted service. In the event that none of the above conditions are met, the CUSTOMER is recognized the right of withdrawal in the terms and periods recognized in Royal Legislative Decree 1/2007 of November 16, in this case ROCROI will reimburse the CUSTOMER the amount paid in Concept of price and applicable taxes, within a period of 14 calendar days from the date on which ROCROI has been informed of the withdrawal decision, proceeding to make said refund using the same means of payment used by the CLIENT for the initial transaction. The CUSTOMER has a term, to exercise this right, of 14 days from the day of the conclusion of the contract (that is, from the date of contracting the service) to exercise the right of withdrawal. In order to exercise this right, the CUSTOMER must send an email to firstname.lastname@example.org and notify ROCROI within the established time limits. . To do this, you can use the model withdrawal form that appears here. Once said period of 14 calendar days has expired, or when the execution of the service has begun or the service has been completely executed, the CLIENT may not withdraw from the contract and the lack of participation in the contracted activity will not imply the right to return the money. 4.3. Cancellation Policy: Notwithstanding the aforementioned right of withdrawal, the contracting of activities is subject to cancellation conditions, taking into account that the provision by ROCROI begins before the CLIENT enjoys the contracted service and therefore, in case of cancellations without a minimum notice or that the CLIENT simply does not show up for the activity, he is subject to the following Policy: 1. Reservation of less than 15 people The cancellation of an activity with a minimum of 24 hours does not entail cancellation fees. After this period or in the case of non-presentation to the activity, the penalty is 100% of the total without the right to a refund. 2. Reservation of more than 15 people Except for special clauses that will be specified before the acceptance of the order by the client, contracting for groups of more than 15 people is subject to the following conditions: Variation of the final number of participants in an activity for groups of more than 15 people (as long as the group continues to have a minimum of 15 people):
- Up to 7 days before the start of the activity – subject to availability – a variation of up to 10% of the total is accepted. If the variation is higher, the price may be modified.
- Between 7 and 24 hours before the activity – subject to availability – a maximum variation of 5% of the total is accepted.
- If the cancellation is notified up to 14 days before the first activity, there is no cancellation penalty.
- If the cancellation is notified between 14 and 5 days before the first activity, the penalty will be 10% of the total reservation.
- If the cancellation is notified between 5 days and 24 hours before the first activity, the penalty will be 30% of the total reservation.
- If the cancellation is notified less than 24 hours before the activity or there is no show, the penalty will be 100% of the total.
FIFTH.- RIGHTS AND OBLIGATIONS OF THE CUSTOMER.-
5.1. Payment.- The CLIENT undertakes to pay in advance the amount for the service actually requested in the following amount and form. On occasions, and especially in the case of hiring by groups or entities, it is possible that a personalized payment schedule is agreed, in which case said schedule will be binding for whoever contracts the activity. In said calendar, the conditions and consequences in case of cancellation will also be agreed, the particular conditions being applicable in preference to the general ones described here.5.1.1. Amount.- The remuneration for each service available and effectively requested by the CLIENT, will be that indicated on the website and that which appears in the specific request of the CLIENT at any time, requests that will constitute the particular conditions of the specific request. The prices of the services that appear on the website include VAT. 5.1.2. Payment methods for ONLINE contracting– The CUSTOMER must pay the amount corresponding to his order through: – Credit card: entering your data in the virtual POS on the website. By accepting this means of payment, the CUSTOMER confirms that they are authorized to use the card used for this purpose, being the cardholder. – Paypal: for which the CLIENT declares to have an active account with said payment service provider, accepting the conditions of said service. Payment methods for OFFLINE contracting– The CLIENT must pay the amount corresponding to his order before the start of the activity within the terms and media agreed with the company.
6.1.- ROCROI will in no case be responsible for the production of any type of damage that the CLIENT or third parties could cause on the website.6.2.- ROCROI reserves the right to suspend access without prior notice on a discretionary basis and permanently or temporarily until effective liability for damages that may occur is assured. Likewise, ROCROI will collaborate and notify the competent authority of these incidents at the moment in which it has reliable knowledge that the damage caused constitutes any type of illicit activity.
SEVENTH.- ELECTRONIC INVOICE.-
The CLIENT expressly accepts the sending of electronic invoices in relation to purchases made at ROCROI. The invoice will be sent to the email provided by the CLIENT in the registration process.In the case of wanting the invoice in paper format, you must inform it through the following email address email@example.com.
EIGHTH.- COMPETENT JURISDICTION AND APPLICABLE LAW.-
These General Conditions are governed by Spanish law. For the determination of the place of celebration of the sale to which these General Conditions are subject, the provisions of article 29 of Law 34/2002, of July 11, on services of the information society and of electronic commerce. In the event that the CLIENT is not considered a consumer, any relational conflict with the interpretation or execution of these General Conditions of Contract will be submitted to the jurisdiction of the Courts of the city of Villanova la Geltrú.
NINTH.- NULLITY OF CLAUSES.-
In the event that any clause of these General Conditions is declared null, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these conditions. ROCROI may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of the same unless expressly recognized by ROCROI.
TENTH.- ALTERNATIVE PROCEDURE FOR ONLINE DISPUTE RESOLUTION.-
Without prejudice to what is indicated in the previous clause, the European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/adr/. CUSTOMERS who are consumers may submit their claims through the online dispute resolution platform.