General Terms and Conditions
GENERAL CONTRACTING CONDITIONS ALTATREK
GENERAL CONTRACTING CONDITIONS
INTRODUCTION:
ALTATREK recognises that the Mountain Sports and Outdoor Activities it develops are risk sports that take place in the natural environment under changing weather conditions that can sometimes be severe. Their practice is not exempt from certain objective risks and dangers.
THE GUIDE:
The guides of ALTATREK They are mountain professionals, qualified as Sports Technicians in the specialties of Rock Climbing, Canyoning, Mid-Mountain and High Mountain. They are qualified with the theoretical and technical knowledge necessary to carry out the contracted activities. Their main task is to carry out the activities successfully and ensure the safety of all participants. In this sense, although all opinions on situations that arise during the development of the event will be valued, it is the guide who will make the final decisions on any issue that affects the operation or safety of the participants.
The guide will have the power to request the evacuation of a client for reasons of illness, accident or for any other reason that compromises the safety of the group or the client themselves. In such a case, the client will not be able to claim a refund, either total or partial, of the price of the event, without prejudice to subsequently claiming from their insurance company the expenses arising from such a case. It will be the guide who decides whether an activity has to be cancelled due to bad weather or adverse conditions, always ensuring the safety and enjoyment of the group. The contract, general conditions and responsibility exclusively affect the direct work of the guides assigned by ALTATREK to the organization of the activity.
ACCEPTANCE OF CONDITIONS:
The contracting of the services provided here necessarily requires the full and unreserved acceptance of each and every one of the general contracting conditions.
By accepting this contract, you declare that you are a person of legal age and have the legal capacity established by the legislation of the country of which you are a national.
If you are acting on behalf of a legal entity, by accepting these general conditions, you declare that you have the appropriate powers of representation.
Minors must be accompanied by their legal guardian, or failing that, by a responsible adult who will accept the legal conditions.
PARTICIPATION IN ACTIVITIES:
Participants will be responsible for the costs and responsibilities of transportation to the place where the activity takes place, except in those cases where ALTATREK expressly communicate this in writing.
Although we will always try to carry out the program according to the route and schedule planned by the organizing entity or the guide in charge of it, activities in the natural environment are subject to the state of the natural terrain as well as the existing weather conditions. Therefore, when an outdoor activity is contracted, participants must assume the unforeseen events that may occur and that may cause changes in the planned itineraries and schedules.
ALTATREK and the guides responsible for the activity reserve the right to cancel, suspend, change all or part of the program, route or schedule for reasons of safety, weather and terrain, or due to the physical and mental characteristics of the group or a participant.
In the event of adverse weather, hydrological, snow or political/social conditions, the organizing entity may change the date of said activity or suspend it, proceeding to refund the amount paid, according to the refund policy (see specific section).
The organizing entity must be notified in advance. ALTATREK or to the guide in charge of the activity if any of the participants requires specific medication or presents any health risk that may affect the normal development of the program. In case of conditions (allergies, asthma, diabetes, etc.), illnesses or chronic injuries, participants must carry their personal medication with them during the activity, whether it lasts one day or several days. It should be noted that, in some remote areas or in certain countries, there may not be immediate medical assistance or the necessary medication. Parents or legal guardians of minors with injuries or illnesses must be responsible for their care and medication.
In the event that the client, of their own free will, due to lack of knowledge of the activity, due to not being physically fit enough or not being in optimal condition to carry out the activity, is unable to carry out the scheduled activity, the amount for the activity will not be refunded.
In the event that the client voluntarily decides to abandon the activity, he/she is obliged to provide the guide with a signed document stating his/her voluntary decision to withdraw. The costs generated by the voluntary abandonment of the activity for any reason other than illness or accident of the client will be the responsibility and risk of the client, regardless of the nature of said costs such as transport, accommodation, etc.
ALTATREK declines all responsibility in the event of an accident caused by the imprudence, negligence or recklessness of any participant, both during and outside the activity hours. The participant undertakes not to be under the influence of alcohol, drugs and/or narcotics, as well as any other medication that could affect their ability to react.
Participants in the activities of ALTATREK Participants undertake to comply with the instructions and guidelines of the designated guide. Any failure to comply with the instructions of the person in charge of the activity may result in the exclusion of the non-compliant participant from said activity, with the loss of all rights, including financial rights. Irresponsible actions will be grounds for expulsion from the activity and the group.
The loss, negligence or misuse by the client of the material provided by ALTATREK (beyond logical wear and tear or due to force majeure) will be the responsibility of the client and must be paid to the guide in charge of the activity.
ALTATREK is not responsible for the loss or damage to personal items or equipment of clients during a trip or activity. The company's insurance will not be valid for this purpose.
PRICES:
The prices of the activities are those published on the website: www.alta-trek.com
Prices include current VAT and everything described in the INCLUDES section of each activity sheet.
The price of the activities program is set per person.
The price of the program may be modified depending on the number of participants, guides required for the number of participants and the availability of accommodation at the time of booking. In the event that the predetermined accommodations are already full at the time of booking, other accommodations with similar characteristics will be sought. Accommodation reservations are the responsibility of ALTATREK unless another option is specified in each of the specific trip information sheets, subject to what is indicated therein.
Any discount or promotion will be conveniently communicated to the customer, in relation to the published prices.
For tailor-made activities or for closed groups, companies, schools and other events, a quote will be provided according to the request.
PAYMENT AND RESERVATION:
For all activities and courses, a 50% fee must be paid as a reservation and fees when registering for the activity. The remaining 50% may be paid by bank transfer to the account number given when booking the activity or in cash as half payment to the activity or course guide for the duration of the activity or course. The final reservation will only be confirmed once the client has made and completed the payment of the remaining part, within the period announced by the entity.
CANCELLATION AND RETURN POLICY:
1. For 1-day activities.
The cancellation by the client of an activity already formalized through payment for it, will entail the following management costs and penalties:
-If cancellation is made more than 7 days before the date of the activity, you will be entitled to a refund of the amount paid except €5 per person for management fees.
-If cancellation is made less than 7 days before the date of the activity, 100% of the amount paid will be lost.
-If the client does not show up or arrives later than the meeting time or start time of the activity, published by the entity, 100% of the amount paid will be lost.
-In the event of changes to the date communicated more than 7 days before the date of the activity or non-attendance due to force majeure (with the appropriate supporting document), the entity will offer new dates for the activity or a similar activity depending on availability. Under no circumstances will the amount paid be refunded.
2. For weekend or 2-day activities.
The cancellation by the client of an activity already formalized through payment for it, will entail the following management costs and penalties:
-If the cancellation is made more than 14 days before the activity date, you will be entitled to a refund of the amount paid except €20 per person for management fees.
-If the cancellation is made less than 7 days from the date of activity, 100% of the amount paid will be lost.
-If the client does not show up or arrives later than the meeting time or start time of the activity, published by the entity, 100% of the amount paid will be lost.
-In the event of a change of date by the client, communicated more than 7 days before the date of the activity or non-attendance due to force majeure (presenting the appropriate proof), the entity will offer new dates for the activity or a similar activity depending on availability. In no case will the amount paid be refunded.
3. For multi-day activities that a reservation deposit is required.
The cancellation by the client of an activity already formalized by paying an advance for it, will entail the following management costs and penalties:
-If cancellation is made more than 21 days before the date of the activity, you will be entitled to a refund of the amount paid as an advance, except for €15 per person as management fees.
-If cancellation is made between 20 and 14 days before the date of the activity, 75% of the amount paid as an advance payment will be lost.
-If the cancellation is made less than 10 days before the date of the activity, 100% of the full amount of the activity will be lost.
-If the client does not show up or arrives later than the meeting time or start time of the activity, published by the entity, 100% of the amount paid will be lost.
-In the event of a change of date by the client, communicated more than 14 days before the date of the activity or non-attendance due to force majeure (presenting the appropriate proof), the entity will offer new dates for the activity or a similar activity depending on availability. In no case will the amount paid be refunded.
4. Refund due to suspension or cancellation of an activity by ALTATREK.
-Yeah ALTATREK If an activity is cancelled for reasons beyond the control of the company, such as adverse weather, the total amount will be refunded in full, minus the bank and management fees, provided that the client requests it within a period of no more than 10 days. After this period, the company will not refund the money paid for the activity under any circumstances, and will give the client a voucher for the amount paid, allowing them to carry out the activity on a new available date or a similar activity proposed by the company. ALTATREK without expiration date. It will be the guide's exclusive decision to cancel an activity due to weather or adverse conditions, always taking into account the safety and enjoyment of the group. In case of cancellation by the client due to weather causes, there will be no refund from the guide. ALTATREK
-If the activity has already started and must be suspended for any of the above reasons at the discretion of the Guide responsible for the activity, the amount paid will not be reimbursed. For all purposes, the activities begin when you meet the guide and we will try to start them in the most favorable conditions, as far as possible.
– ALTATREK may suspend the activity without any refund to the client if the client/student does not present the agreed level, both technically and physically. If there is an evident delay in the scheduled times for the activity or if the client does not comply with the agreed requirements of safety equipment and clothing.
5. Vouchers and Gift Cards.
- Vouchers and gift cards, once purchased and paid for by the customer, cannot be returned and their price will not be refunded.
–If the entity cancels an activity for reasons beyond its control, such as adverse weather or lack of snow, a new date for the activity will be proposed with the client's agreement, depending on availability, or a similar activity of the same value.
6. Dates and Delays.
-In the event that the Guide leading the group must modify the program for meteorological or snow reasons, or for reasons of safety of the group under his/her charge, we inform you that, with regard to any reservations made by the participants directly with the providers of accommodation, meals and transport, which are not included in the price of the program, it is NOT our responsibility or responsibility to proceed with the modification or cancellation of said reservations. Any expenses arising from said changes or cancellations will be borne by the client.
-In the event of expenses incurred on airline tickets due to missing the flight, delay or cancellation of the flight due to bad weather, poor flight conditions or any other cause, these must be paid by the client, including the accommodation and food expenses that arise. In such case, the client may request damages from the transport companies involved.
-Delays in the start of the trip due to airline staff strikes, airport closures for weather, social or political reasons, delays in flight schedules, wind at the time of starting the expedition or any other meteorological or logistical cause that the guide or the entity considers may affect the safety of the group or any of the participants, etc., and/or any other cause beyond the control of the organization, may not be grounds for a claim for non-compliance with the planned activity or trip plan.
7. Transport contracted to third parties.
In the event that the client needs to hire any transportation not included in the detailed program, ALTATREK, in order to speed up and facilitate said contract, may offer the client the possibility of carrying out the procedure on his/her behalf. To do so, the client must authorize ALTATREK. expressly and in writing (email). In this procedure, the final price will be the one stipulated by the transport company, ALTATREK will contact the customer to request their acceptance of the final price.
This procedure for purchasing tickets by ALTATREK on behalf of the client, does not in any case imply that ALTATREK be responsible for any costs for cancellations, delays or any other contingency that may generate costs not contemplated, without this meaning that the client can request damages from the transport companies or other organisations involved. Likewise, ALTATREK is not responsible for the cancellation by the client of any ticket purchased from third parties through its mediation.
ALTATREK shall not be liable for any delays in travel contracted to third parties due to staff strikes, closure of airports or stations or any other cause beyond the control of the organisation and may not be grounds for a claim for failure to execute the contract by the client.
APPLICABLE LEGISLATION AND JURISDICTION:
The parties acknowledge that the applicable law to this contract will be Spanish law. The parties also agree to submit to the courts and tribunals of Madrid for the resolution of any controversy, conflict or claim arising from this contract, as this is the place where the contract was concluded, expressly waiving any other jurisdiction that may apply to them.
NOTIFICATIONS:
All notifications, requests, petitions and other communications to be made by the parties in relation to these General Conditions must be made in writing and will be deemed to have been duly made when they have been delivered by hand, or sent by ordinary mail to the other party's address or email address, or to any other address or email address that each party may indicate to the other for these purposes.
IMAGE RIGHTS AND DATA PROTECTION:
Participants in all activities give their consent to use the images taken during the development of the same for the use of ALTATREK in advertising campaigns or other actions undertaken in the future.
When making a reservation, customers are giving their data to ALTATREK. In compliance with the Organic Law on Protection of Personal Data 15/1999, of December 13, these data will become part of the file registered with the Spanish Data Protection Agency. Customers may exercise their rights of access, rectification, cancellation and opposition by email to ALTATREK.