Contracting conditions

Legality

PRIOR NOTE: in the activities carried out in nature there are a series of inherent risks that are beyond the control of the guide and that the client assumes when hiring the activity. All guides, technicians and instructors have the appropriate academic qualifications and experience for the activity they carry out as required by law. Following their instructions depends, to a large extent, on safety during the activity.

 

Reservations will be confirmed once the reservation amount has been received, which will be about 40% of the total price of the activity. The rest of the amount can be paid through the means provided on the website, by phone or email, and before the start of the activity.

 

From the confirmation of the reservation, the client will assume all of these General Conditions of Contract. In the event that a person registers another / s, he / she assumes in his / her name / s each and every one of these General Conditions.

 

The activities are subject to the conditions of the mountain, the environment where they take place and the people who participate, any who may undergo radical changes during it (meteorology, floods, avalanches, altitude sickness, exhaustion ...). The schedules, itineraries and activities may be modified or even be suspended if circumstances so advise and always at the discretion of the person in charge of GUIAS EXPLORA (from now on GE).

 

The client has the obligation to inform about possible states of pregnancy, injuries or other diseases that may put their health at risk. Assuming personally the possible damages that the performance of the contracted activity may cause in such cases.

 

The client agrees not to be under the influence of alcohol, drugs, as well as any other medication that may affect their ability to react and reflexes. If this is the case and after assessing your situation, you may be prohibited from accessing the activity, without the right to reimbursement of the total amount of the activity.

 

To participate in water activities it is essential to know how to swim. The technical file for each activity specifies the conditions and minimum ages necessary to participate.

 

Minors must be accompanied by their legal guardian or a responsible adult; otherwise, they must have the signed authorization of their legal guardian.

 

I have been informed that the activity is directed by a qualified guide and is carried out within their professional skills. The guide is the one who directs the activity, having to abide by their decisions during the practice of it.

 

The client undertakes to follow the guide's instructions, having the power to stop and cease the activity for those who do not comply with said stipulation. THE COMPANY IS NOT RESPONSIBLE FOR THE RISKS AND CONSEQUENCES THAT MAY ARISE FROM NOT SCRUPULALLY FOLLOWING THE INDICATIONS AND INSTRUCTIONS GIVEN BY THE GUIDE RESPONSIBLE FOR THE ACTIVITY. THE CUSTOMER EXEMPTS THE COMPANY FROM ALL LIABILITY IN THE EVENT OF AN ACCIDENT CAUSED BY THE FAILURE TO ADDRESS SUCH CONSIDERATIONS.

 

The client knows and accepts that any breach of the guide's instructions, of the safety regulations, of the indications made by the members of the Entity and the lack of compliance with its regulations, as well as any conduct that is valued as irresponsible or inappropriate by them, in addition to posing a risk to the physical integrity of the other participants and their own, will lead to their immediate expulsion from the Activity.

 

The client knows and accepts that in the practice of active tourism or adventure sports activity, as in any other sports practice, but especially in those known as "adventure sports", there are inherent risks from which damage to the material used, as well as bodily injuries such as (sprains, tears, scratches, bumps, bruises), in any case, exonerates Guides Explora from all responsibility and, by extension, any of its members or technical team.

 

During the development of the activities, Guides Explora will take photographs and videos that will be its exclusive property and may use them for advertising, information and provision to third parties for commercial purposes.

 

The client understands and accepts that neither the present or future members of Guides Explora nor other persons authorized by it to participate in the activities can be held liable in any way for any injury or material damage that may arise as a result of their participation in this activity.

 

This contract does NOT include the transport and / or collection of the clients for the activity. When this transport is provided by Explora Guides, it is exempted from all responsibility.

 

The Explora Guides commitment begins with the contracted activity, so it is the client's responsibility both to transport them to the facilities or to the starting point of the activity (except where otherwise indicated) as well as that of the Guide if this was necessary. The contract and the responsibility of Guides Explora exclusively affect the direct work of its Guides and the organization of the activity, not being responsible in any way for the external services that are hired and paid directly by the client.

 

For activities of great commitment and difficulty, Explora Guides may choose to take a practical test prior to the activity that will not be included in the rate of the activity initially contracted. The most frequent cases are in high mountain outings of considerable difficulty; Alps, expeditions, winter mountaineering ...

 

The price includes the necessary material, both individually and collectively. Each technical sheet specifies the necessary equipment for each activity and program, as well as the material that Explora Guides includes in the activity.

 

There are advanced technical courses and activities that due to their characteristics, the client must provide part of the necessary material (improvement courses, advanced mountaineering excursions, guided kayak excursions, Alps, expeditions ... etc), Explora Guides undertakes to let you know before hire the activity.

 

The client must be responsible for the material assigned to him for the development of the activity and must pay the full amount, if by carelessness or negligence it is damaged or lost.

 

Guides Explora is not responsible for the loss or damage of the clients' personal belongings.

 

RATES AND CANCELLATIONS;

 

-The prices are always per person and for the minimum group indicated in each activity. They include the services indicated by GE in each technical sheet, as well as 21% of VAT, except agencies and groups.

 

-If the minimum group is not completed, the rate will be increased; being able to rescind the contract if the increase of the same is not of the agreement of any of the participants.

 

-Group discount rates apply to groups already formed at origin.

 

-All the packages offered are schedules closed to the activities offered; Any modification or change for any reason (bad weather, floods ...) implies that they lose their pack status, so the services provided will be charged at the original rate price, thus canceling the discounts and offers they include.

 

-Unless otherwise indicated, all services and expenses incurred and their contracting (transportation reservations, accommodation, ski lifts, maintenance…) are the responsibility of the client, although Explora Guides will facilitate their management.

 

-The prices are subject to change after the publication of the rates by GE (increase in expenses, taxes, ...) GE undertakes to communicate these changes before departure, being able to terminate the contract with the right to a refund of the amount paid.

 

-Any activity may be canceled, modified or postponed 48 hours before its start and even before it starts, if in GE's opinion the conditions in the area are not adequate; Likewise, if the minimum number of registrations provided by the organization is not covered and the rate for the registered group is not in accordance with any of the participants. In these cases, the client has the right to change dates or to a full refund of what was paid.

 

-Any modification or suspension of the activity once it has started, due to causes beyond the control of the organization, will not imply the reimbursement of any amount or the replacement of it, so an attempt will be made to start the activity under the most favorable conditions possible.

 

-To avoid any foreseeable incident, the client agrees to abide by the decisions of the professional who accompanies him and to follow the security instructions that he indicates. Any breach may lead to the suspension of the activity without refund of the amount thereof.

 

-Any activity may be suspended without reimbursement of the amount thereof, if in the opinion of the technician responsible for the development of said activity, the client does not meet the physical and technical conditions required, as well as if he does not meet the necessary personal material requirements .

 

-In the event that the client of his own free will, ignorance of activity, unjustified illness, due to not being in favorable conditions ..., cannot carry out the contracted activity, unless otherwise indicated, he will not be entitled to a refund of the amount of the herself.

 

- The activities may be modified at the discretion of the head of GE by others of a similar nature if the weather, hydrological and / or meteorological conditions are adverse. Only in extreme cases, in which it is not even possible to substitute the activity for another, will the amount paid for the activity be reimbursed.

 

- Any decision made by the guide during the development of the activity, in relation to safety, will have to be respected by the client, otherwise, the guide may cancel the activity, without the right to any refund.

 

-GROUPS FORMED IN ORIGIN; Regardless of how many people show up to do the activity, GE will charge the full amount corresponding to the number of people originally hired, unless they notify their withdrawal at least 4 days in advance.

In the event that a person registers another person / s, he / she assumes in his / her name / s each and every one of these General Conditions.

 

-OUTPUTS TO ALPS AND EXPEDITIONS; The programs in the Alps and other mountain ranges add to the general conditions set out above that:

 

- The participant must be federated in the corresponding modality of their autonomous community.

 

- We depend more than in other areas on the weather conditions to be able to carry out the programs successfully. That is why we cannot ensure a summit.

 

-The transport, both from Spain, and the internal transfers for the realization of the programs, will be paid by the participant, unless otherwise indicated.

 

-GE is not responsible for the management and reservation costs of possible cancellations for reasons beyond the organization's control; flights or other means of transport, accommodation, ... it is recommended to take out travel insurance for this purpose.

 

RESERVATION OF THE ACTIVITY AND CONDITIONS OF RETURN OF THE SAME

 

- To register for any activity it is necessary to pay 40% of the total amount of the activity; A reservation will not be considered valid until this advance has been made effective, GE being in all its right to sell it or the place / s.

 

-The rest of the payment will always be made before starting the activity.

 

-If the activity reservation is made 48 hours before the start of the activity, the charge will be 100% of the activity price by credit card or cash payment; The card number will be requested as well as the expiration date of the same to be able to make the payment.

 

-The Cía Guía del Pirineo reserves the right not to reserve any activity in case of not wanting to pay that 40%.

 

- In case of cancellation by the client of the contracted services, the amount paid for the reservation will be returned with the following exceptions:

 

- If the cancellation occurs between 20 and 7 days prior to the date set for the start of the activity, GE will have a right of retention of 15% on the total cost of the activity.

 

- If the cancellation occurs between days 6 and 3 prior to the start of the activity, this right of retention will be 25% of the total cost of the activity.

 

- If the cancellation occurs during the 48 hours before the start of the activity, the retention will be 100% of the total cost of the activity.

 

- In any case, said retention has the consideration of compensation and therefore will operate, unless force majeure is proven for the cancellation. The novation of the contract, that is, the change of date in the activity attributable to the client and not justified as force majeure, will carry the same consideration as the cancellation. Sometimes a person with a collective contract (partner, group of friends….) May consider that force majeure is subject to the entire group that contracted such activity. This consideration is only applicable to that person who suffers this force majeure (illness, family death, injury….). The rest of the participants of said reservation would be subject to the general cancellation conditions without the right to the latter except at the discretion of the person in charge of GE.

 

- All the information that appears on our website; reports, photographs, reviews, stories ... it is simply informative. It does not induce the decision to perform adventure or risk sports to any person on their own. We remember that these sports must be carried out under the supervision of a professional or by people with proven experience.

 

-GE will not be responsible for carrying out activities on its own behalf of clients who have carried out any activity or training course with GE.

 

From the confirmation of the reservation, the client will assume all of these general conditions, which in turn are valid as a CONTRACT.