General conditions
This document establishes the General Conditions of use of the services provided through the web site of SPORTS ADVENTURE, reserving this company the right to modify and update them periodically, without obligation of prior communication to users.
The present conditions of use do not exclude the possibility that certain services provided through this web site, due to their particular characteristics, are subject to their own specific conditions of use.
The users, who contract services through the web site of SPORTS ADVENTURE, declare to be of legal age (18 years).
If contracted by minors, the authorization of the parents or tutors is required in order to enjoy the contracted service.
In case of doubt, contact our customer service 958 265 393 or email
info@sports-adventure.es.
1. IDENTIFICATION OF THE BUSINESS ENTITY
This event is marketed in Europe under the brand Rallye du Maroc, trade name belonging to ODC, SL Avda., Meritxell, 81 AD500 Andorra la Vella NRT: L-712511-K.
On this website, the management of hotel and ship reservations, is handled by Organization Sports Adventure Travel SL, CIF B-18564302, which in any case, acts merely as an agent without any responsibility for the organization of the event.
The event is organized exclusively by: ODC, SL Avda. Meritxell, 81 AD500 Andorra la Vella NRT: L-712511-K.
The reservation services are carried out through the companies:
Organization Sports Adventure Travel SL, Decameron Explorer SARL, Sports Adventure SARL y Omni Tours SARL.
2. DESCRIPTION OF SERVICES
Through the web site of SPORTS ADVENTURE, users are offered the direct contracting of certain services for booking hotels and ships and additional services to participate in the Rallye du Maroc, also making it possible to contract on-line services.
Users will be able to obtain information about the SPORTS ADVENTURE products through this web site, and in some cases will be able to contract the same on-line, and for which SPORTS ADVENTURE can be the direct organizer and provider of such services, or the agent thereof, in this case provided by third parties or entities, whom in any case will be clearly and sufficiently identified.
*** The information related to each activity contracted will be detailed in the particular conditions of each***
3. PRICING AND PAYMENT METHOD
The acquisition of the right to receive or enjoy any service contracted, will only be effective at the time that SPORTS ADVENTURE receives an authorized payment from the credit or debit card provided or received, and in cases where it is allowed, through a bank transfer of the total amount of said purchase.
SPORTS ADVENTURE reserves the right to cancel Reservations made in case of non-payment, return of the charge, denied card, false information provided or in the event of manifest impossibility to check and verify the data of the card provided.
The User will confirm that the credit or debit cards used are their property and that there are sufficient associated balances to cover the cost of the service contracted. SPORTS ADVENTURE will deliver to the client a Voucher via email in which the contracted services will be specified. The locator number, which will be included in the Voucher, confirms the reservation by SPORTS ADVENTURE.
If the User does not receive the Voucher within 24 hours from the completion of the reservation, you should contact the SPORTS ADVENTURE Customer Service Department.
OUR RATES INCLUDE:
All the services described, according to the PAMPHLET / WEB and under the Section "includes", of each product / program or event advertised on our website www.sports-adventure.es, it being understood that what is not specifically detailed as "included" in the event or tourist service, will not be included in this one. These products and services may also expressly contain the section "Not included" when necessary.
OUR RATES DO NOT INCLUDE:
Visas, fees, and extras such as drinks at meals, special diets, specific footwear for activities, washing and ironing clothes, optional hotel services, porters, parking or safe rental, private TV channels, ship or aerial tickets, are not included in the services or activities where they are not expressly listed in the particular conditions of the service. In the case of optional services not included in the event, definitive prices will not be given, nor will they be guaranteed until the moment of contracting, after the start date of the event. For the practice of outdoor activities, it is recommended to contract a special insurance covering the materials to be transported. Any other service that is not expressly listed in the section "Our rate includes" or is not specifically detailed in the program/offer, in the contract, or in the documentation that is delivered to the consumer when contracting services.
The price or rate of each activity or service contracted, will be detailed when completing the contract, with a clear and understandable breakdown of each of the concepts to be invoiced, and the express consent of the client must be received. Also, services that involve a payment obligation will be expressly referred to as an "order with obligation to pay" (Article 98.2). The form of payment for services can be: credit or debit card or bank transfer.
The VAT or tax value added must be stipulated, see articles 69, 70 and concordant, of Law 37/1992, of December 28.
4. RIGHT OF CANCELLATION
At all times the user or consumer can cancel the contracted services, having the right to a refund of the amounts paid, whether it is the total price or the advance deposit, always in compliance with the agreed conditions and in compliance with the cancellation policy, but you must indemnify SPORTS ADVENTURE for the following concepts
- Expenses for Management of Tourist Services:
In the event of services contracted, but not provided directly by SPORTS ADVENTURE, the user or consumer will have to pay for the management costs that have been incurred and that are clearly identified and quantified in the booking form, recruitment form or voucher.
- Special Conditions:
In the event that any of the contracted and cancelled services are subject to special economic contracting conditions, such as airfreight, ships, special rates, etc. Cancellation expenses shall be established in accordance with the conditions agreed between the parties.
- Cancellation Fees:
Expenses incurred by SPORTS ADVENTURE and that are directly charged or billed by the contracted service providers.
In the event that services or activities that have been developed and loaned directly by SPORTS ADVENTURE are cancelled, not only will the expenses charged to you by the providers to which you subcontract each particular service be assessed, but also the expenses incurred as a result of contracting the cancelled service, such as file management, specialized personnel work, logistics, etc. In any case, these expenses will be clearly identified and quantified in the booking form, recruitment form or voucher, together with the cancellation policy.
- Insurance:
In no case, when travel insurance has been contracted, will the fees be refundable.
When the consumer and user has cancelled services, the business entity is obliged to return the sums paid by the consumer and user without withholding expenses, except those expressly agreed to knowingly and accepted upon contracting.
The refund of these sums must be made without undo delay and, in any case, within 14 calendar days from the date on which the notice of cancellation of the contract/services was received by the business entity. Once said period has elapsed without the consumer or user having received the refund, he shall be entitled to make a duplicate claim, without prejudice to the fact that he shall also be compensated for the damages and losses caused to him in excess of said amount due to the delay of the refund. The employer has the burden of proof of compliance with the deadline.
5. OBLIGATIONS OF THE USER
The client is obliged to report possible pregnancy status, paraplegias, allergies of any kind or cardiovascular diseases/or anything that may pose a risk to himself and/or the other participants of the Event/Service/Competition before contracting the service.
Likewise, the client undertakes not to be under the influence of alcohol, drugs and/or narcotics, as well as any other medication that may affect its ability to react, especially its ability to drive vehicles.
In each activity the minimum conditions and ages will be specified. Minors must have parental / legal guardian authorization or be accompanied by them.
In any case, and especially for the activities of advanced level, the Organization may choose to carry out a preliminary test, with the right of admission being reserved. The user undertakes to make appropriate use of the services and contents that SPORTS ADVENTURE offers and not to use them to:
1. Carrying out illicit activities or activities constituting a crime, contrary to good faith, morality and public order, to use, and / or violate the regulation on intellectual and industrial property, or any other rule of the applicable legal system.
2. Dissemination of content or propaganda of a racist, xenophobic, pornographic nature, which advocates terrorism, or that, violates human rights.
3. Introduce or disseminate on the network data programs (viruses and harmful software) that may cause damage to the computer systems of SPORTS ADVENTURE, its suppliers or third-party Internet users.
4. The transmission to non-authorized third parties of the user names and passwords, and/or having knowledge of passwords being given to an unauthorized user, in the event that this happens the client undertakes to immediately inform SPORTS ADVENTURE, which reserves the right to make changes for the protection of the service.
5. Make available to other users, send by e-mail or, in some way transmit, any content that, in accordance with the applicable provisions or existing contractual relationships, the client is not authorized to transmit. Including privileged information, information protected by industrial or intellectual property rights or information on which the client has a duty of confidentiality.
6. Transmit unsolicited or unauthorized advertising, advertising material, "junk mail", "Chain letters", "pyramidal structures", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for it
7. Users are expressly prohibited from reproducing, duplicating, copying, selling, reselling or exploiting for commercial purposes, any section of the service, use or access to it.
6. OBLIGATIONS OF THE ORGANIZER AND GUARANTEES
SPORTS ADVENTURE is committed to providing its clients with all the services contracted through the programs contained in their offers and brochures or the various personalized programs that are budgeted to the client.
With all the characteristics stipulated in writing in each case, it will be exempted from this obligation when there is force majeure, that is, alien to those who invoke them, abnormal or unforeseeable, whose consequences could not have been avoided despite due diligence and whose reasons are not imputable.
If it is impossible to provide any service by SPORTS ADVENTURE after the contract has been perfected and before the start of the event or activity, the consumer will have the right to choose to replace it with another of similar characteristics and quality; or by the termination of the contract, being able then to choose between another Competition / Activity / Tourist Service of equivalent quality or between the total reimbursement of the paid one, having to communicate its decision to SPORTS ADVENTURE within 3 days after being notified. In the event that the consumer does not notify his decision within the term established, it will be understood that he opts for the termination of the contract without any penalty.
No compensation can be requested for breach of contract when the impossibility is motivated by sufficient causes or force majeure or when the client has opted for exchanging the cancelled service for a different one.
RESPONSIBILITY. The Organizer will respond to the client, depending on the obligations that correspond to him/her for his/her area of management of the Competition/Activity or Tourist Service, of the correct fulfilment of the obligations derived from the contract, regardless of whether they must be executed by him or her or other service providers and without prejudice to the right of the Organizer to act against said service providers. The Organizer will also be liable for damages suffered by travellers or participants as a result of the non-execution or poor execution of the contract.
The responsibility of the Organizer will cease when any of the following circumstances occurs: a) That are attributable to the participant. b) That they are attributable to a third party, unrelated to the provision of the services envisaged in the contract and that they are unpredictable or insurmountable. c) That they are due to reasons of force majeure, understanding as such those circumstances unrelated to the party invoking them, abnormal and unforeseeable, whose consequences could not have been avoided despite having acted with due diligence. d) That they are due to an event that the Organizer, despite having put all the necessary due diligence, could not foresee or overcome.
In the aforementioned cases of exclusion of liability, the Organizer will, nevertheless, provide the necessary assistance to the participant who is having difficulties (at the expense of the latter). When the consumer becomes aware of the non-execution or poor execution of the services contracted entirely from the event, he / she must immediately inform the provider of the same, and within 48 working hours to the Organizer, so that the latter may take the pertinent measures.
Regarding the limit of compensation for damages resulting from non-compliance or poor execution of the benefits included in the trip, the provisions of the International Agreements on the subject will be followed. As regards to non-bodily damages, the compensation can never be higher than the total price of the trip initially contracted. In no case is the Organizer responsible for any type of expense caused by delays in departures or returns of flights or ships due to weather, technical, strikes or other causes of force majeure and will always be as stipulated in aviation and commercial marine legislation.
When the trip is made in any type of motor vehicle or other means of transport owned or contracted by the Organizer, in case of accident, whatever the region or country where it occurs, the participant is expressly subject to legislation in matters of accidents in the country in which the vehicle is registered, ship, air way, except in regard to personal injuries which refers to the insurance of the same, according to the corresponding compensation table provided for the purpose, under which said indemnifications will be paid to the interested parties, beneficiaries or their legal representatives in the country of registration of the vehicle, ship, air way, etc. and in the legal currency of that country.
The client assumes and accepts that complete safety in motor activities, motor competitions or Active Tourism can not be guaranteed, since there are objective dangers that are beyond the control of the Organizer; The Organizer and his staff will act as a guide or monitor and, as a risk manager, of his own and that of his clients, his work will be to try to stop a participant's own subjective dangers and minimize the objective dangers inherent in the environment in which they take place.
By accepting this document, the user expressly declares that he/she participates voluntarily in this event/activity/tourist service and that in the case of active and/or adventure trips, they are made in countries with different characteristics to the country of origin, driving, traveling, navigating or flying in remote areas in exotic countries, in mountains, desert and high mountain or snowy areas, where a certain degree of adaptation, preparation and physical effort is required, as the case may be, exposing oneself to forces of nature, diseases, accidents, poor hygiene conditions in some cases and circumstances, terrorism, delinquency and other aggressions. The participant understands that there will be no possibility, in some cases, to a quick evacuation or adequate medical assistance, in the activities or events held in Africa, the participant must carry the insurance according to the Spanish and/or local regulations for the practice of this sport or activity. In addition to the insurance included in the programs, SPORTS ADVENTURE offers its customers insurance with coverage increases in regard to material and personal damages, please contact SPORTS ADVENTURE and request them.
In the field of active tourism and adventure sports SPORTS ADVENTURE will always offer these services of the highest quality and solvency in the area where they are developed. There is a potential risk derived from its own nature. The Organization, its guides, monitors and technicians have the preparation and experience appropriate to the activity they offer. Following the instructions and guidelines depends, to a large extent, on safety during the activity.
7. DURATION AND VALIDITY OF THE CONTRACT
The contract signed between the parties for the provision of services, is initiated for the user by the acceptance of the General Conditions Document, as well as the Particular Conditions of the service in question, and is perfected by the payment of said service in the indicated conditions.
For the Organizer, their obligation is to make the contracted service available to the client, either by himself or through a third party. In the particular conditions of each product, the information required in art. 154 of RDL 1/2007, of the General Law for the Defence of Consumers and Users, is information that the client must expressly accept, declaring to have understood it. For what has not been foreseen in the General Conditions of Use of the SPORTS ADVENTURE.ES web site, the provisions of Royal Decree 1/2007 will be followed, approving the Consolidated Text of the General Law for the Defence of consumers and users, and other complementary rules.
8. APLICABLE LEGISLATION
This document has been drafted in accordance with the provisions of RDL 1/2007, which approves the revised text of the General Law for the Defence of Consumers and Users, in Law 34/2002 on services of the society of the information and electronic commerce, as well as international standards that are applicable and in particular, by the Athens Convention of December 13, 1974, as amended by the London Protocol of November 19, 1976 and by other national standards and international application related to the individual benefits that make up the tourism package.
For what is not defined in this document and in the specified regulations, the Civil Code and that of the Spanish legal system will be applicable. These GC are governed by Spanish law. In case of dispute arising from these general conditions and for the resolution of conflicts, the parties submit, at their own discretion, and waiving any other jurisdiction, to the courts and tribunals of Granada.