General Conditions of Contract
Version 2.0 / 2023 – The following text has been translated with “Google Translate” from its original Spanish version
Through this website, active tourism activity providers are shown and offered online contracting services. For the purposes of a better understanding of these General Conditions, the following are established
User or users: natural or legal person who contracts any of the activities available on this website,
Service provider or Partner: natural or legal person that offers and provides, directly or through third parties, the activities available on this Website.
RocRoi: owner of the Website acting as an intermediary for the activities offered by the service provider or, in the case of offering its own activities, acting as a service provider.
This document establishes the general conditions of the contractual relationship whose purpose is the contracting of services offered from this website, whether owned or owned by Partners, and owned and operated by OUTDOOR GLOBAL CORP, S.L. (hereinafter, “RocRoi”) with address at Moll de Ponent s/n, Postal Code: 08800 Vilanova i la Geltrú (Barcelona), registered in Registered in the commercial register of Barcelona, in Volume 47711, Folio 118, Sheet 560159 , Registration: 1st with CIF: B-42929778, and the natural and/or legal persons (hereinafter, “CLIENT”) who express their willingness to contract the services through the request made via the Internet through this website.
These user requests constitute the particular conditions to which these general conditions are associated, which the CLIENT must necessarily accept electronically prior to contracting the service. The CLIENT is exposed through this same website to the present conditions, so that they can read, print, file and accept them. These general conditions together with the request for specific services made by the CLIENT imply the formalization of the contract for the provision of services between RocRoi and the CLIENT who claims to have read, understood and accepted these conditions. The CLIENT will always be able to consult these general conditions through the website. The effective provision of services may be subject to particular or specific conditions established by the Partner, which, where appropriate, will be informed to the User prior to contracting.
In any case, if the Provider of the contracted service is not RocRoi, it will not be liable in any case for any malfunction in the provision of the service or for any damage that its execution could cause to the user or to third parties.
FIRST.- OBJECT OF THE CONTRACT.-
By these General Conditions, the Partner will provide the CLIENT with the service that, if applicable, has been contracted, through the website in exchange for a specific price. RocRoi’s role, in case of not providing the contracted service, is limited to having and displaying the information on the activities provided by the Partner, in accordance with his instructions.
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 he has read, understood and accepts these General Contract Conditions.
The activities and prices are valid as long as they are displayed on the website and, always, subject to the availability of the human and material resources of the Service Provider. Within this framework, indications on these criteria will be provided at the time each order is processed. RocRoi, in case of not providing the service, does not participate, nor suggest, nor control, nor in any case decide, the characteristics, price or the conditions of provision of the service, which are freely set in each case, by the Partner.
This information is provided directly by our information systems and errors could exceptionally occur in the offer of the availability of the set of activities.
In the event that the contracted activity is not really available after processing an order, the client will be informed by email or by phone of the possible time modification of their reservation or its cancellation, giving them the right, in In the event that the client does not agree with the time change, to cancel it with the refund 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 processing an order, the CLIENT will be informed by email or by telephone of the possible time modification of his reservation or its cancellation, giving him the right, in In the event that the client does not agree with the time change, to cancel it with the refund 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 CLIENT in advance, who in any case is responsible for reviewing them as a prerequisite for acquiring the service available through this Web page. . 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.
THIRD.- 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 tourism activities that are practiced using basically the resources offered by nature itself in the environment in which They are developed, be it aerial, surface terrestrial, 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 activities, the Service Provider will have approved equipment and material and, exceptionally, resources other than those offered by nature may be used. Each Service Provider is responsible for having duly approved and adequate material and personnel available for carrying out each activity.
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.< /p>
Since it is an active tourism service, the Service Provider may require certain conditions of age, physical condition and health to be able to practice the different activities it offers, conditions that must be justified by the characteristics of the activity , due to the conditions in which they must be carried out or due to other duly motivated circumstances.
The activities and their correct development are subject to the conditions of the environment in which they are carried out and of the people who participate in them, so they may suffer changes before or even during the activity (weather, sudden changes in flow, physical problems of the participants, etc.). In the event of unilateral cancellation by the Service Provider, the CLIENT will have the right to postponement, substitution by another activity of their agreement or refund of the amount paid.
The itinerary described in the sheets of each activity may undergo small adjustments to improve the experience or the safety conditions of the CLIENT without altering the duration and route of this.
In the event that the parents or guardians do not attend the activity, for the participation of minors in the activities offered, the Service Provider must have proof, in advance and in writing, of the authorization of the parents or guardians, 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 said authorization, keeping the Service Provider and RocRoi harmless from any liability in this regard.
FOURTH.- RIGHTS AND OBLIGATIONS OF RocRoi.-
4.1. Responsibility of RocRoi. In no case will she 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, acts of God or force majeure and any other unforeseeable contingency outside 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 produced by an inefficient use of the service and in bad faith by the CLIENT.
4.1.3. Of the non-operation or problems in the email address provided by the CLIENT to send the order confirmation.
4.2. Right of withdrawal:
The right of withdrawal is the one that assists any consumer who contracts a service or purchases a product at a distance, including electronic contracting. RocRoi guarantees this right for those consumers who contract any of its services through its website, all taking into account the exceptions that we expose 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 fully 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 employer, you will have lost your right of withdrawal. Likewise, and according to art. 103 l of the same legal text, the contracting of services related to leisure activities are excluded from the right of withdrawal, if the contracts provide for a specific date or period of execution. Notwithstanding the above, RocRoi establishes a Cancellation Policy which can be consulted below.
The contracting is subject to a cancellation policy (4.3), therefore, if the activity is carried out before 14 days from the contracting date, the CLIENT will lose the right of withdrawal taking into account that the provision by RocRoi begins before the CLIENT enjoys the contracted service.
In the event that none of the above conditions are met, the CLIENT is recognized the right of withdrawal in the terms and deadlines recognized in Royal Legislative Decree 1/2007 of November 16, in this case RocRoi will reimburse the CLIENT for the amount paid for price and applicable taxes, within a period of 14 calendar days from the date on which RocRoi was 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 CLIENT has a period of 14 days to exercise this right, counting from the day the contract is signed (that is, from the date of contracting the service) to exercise the right of withdrawal. In order to exercise this right, the CLIENT must send an email to firstname.lastname@example.org and notify RocRoi within the established deadlines
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 fully executed, the CLIENT may not withdraw from the contract and the lack of participation in the contracted activity will not imply the right to the return of 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, they are subject to the following Policy. The Partner may establish its own Cancellation Policy that will be duly informed to the CLIENT prior to contracting; In case of not mentioning its own Cancellation Policy, the following will apply, which will also apply, in any case, to the activities provided by RocRoi:
1. Reservation of less than 15 people
The cancellation of an activity up to 72 hours prior to the start of the contracted activity entails a 5% penalty of the total amount of the reservation in concept of cancellation expenses. After this period or in case of no-show, the penalty will be 100% of the total amount with no right to a refund.
2. Reservation of more than 15 people
Except for special clauses that will be specified before the order is accepted by the client, contracting for groups of more than 15 people is subject to the following conditions: Variation in the final number of participants in a group activity of more than 15 people (as long as the group remains at least 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 greater, 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.
Activity cancellation conditions for groups of more than 15 people
- If the cancellation is notified up to 14 days before the first activity, there is no penalty for cancellation.
- 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 CLIENT.-
5.1. Payment.- The CLIENT undertakes to pay in advance the amount for the service actually requested in the following amount and manner. On occasions, and especially in the case of contracts by groups or entities, it is possible that a personalized payment schedule is agreed upon, in which case said schedule will be binding on whoever hires the activity. In said calendar, the conditions and consequences in case of cancellation will also be agreed, with 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 the one indicated on the Web page and the one that 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. Forms of payment for ONLINE contracting– The CUSTOMER must pay the amount corresponding to his order by:
– Credit card: entering your data in the existing virtual POS on the website. By accepting this means of payment, the CLIENT confirms that they are authorized to use the card used for this purpose, being the owner thereof.
– Paypal: for which the CLIENT declares to have an active account with said payment service provider, accepting the conditions of said service.
Forms of payment for OFFLINE contracting– The CLIENT must pay the amount corresponding to his order before the start of the activity in the terms and supports agreed with the company.
SIXTH.- LIMITATION OF LIABILITY.-
6.1.- RocRoi will not be responsible in any case for any damage caused in an activity contracted through the web but provided by a Partner.
6.2 – The Partner is solely responsible for having the corresponding authorizations, insurance and current certifications for the exercise of its activity, as well as for complying with any legal, sectoral or territorial requirement to which the activity is subject. offered through the web.
6.3 – RocRoi will in no case be responsible for the production of any type of damage that the CLIENT or third parties may cause on the website.
6.2.- RocRoi reserves the right to suspend access without prior notice at its discretion and definitively or temporarily until effective liability for any damage that may occur is ensured. Likewise, RocRoi will collaborate and notify the competent authority of these incidents at the moment in which it has reliable knowledge that the damages caused constitute any type of illegal activity.
SEVENTH.- ELECTRONIC INVOICE.-
In the case of activities provided by RocRoi, the CLIENT expressly accepts the sending of electronic invoices in relation to purchases made on this website. The invoice will be sent to the email provided by the CLIENT in the registration process.
If you want the invoice on paper, you must inform it through the following email address email@example.com.
In the case of activities provided by Partners, the CLIENT will require the issuance of invoices to the same Partner or Service Provider.
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 conflict related to 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 void, 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 them unless expressly recognized by RocRoi.
TENTH.- ALTERNATIVE PROCEDURE FOR THE RESOLUTION OF ONLINE DISPUTES.-
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.