General Terms and Conditions

Through this website (naturadventour.com), services offered by active tourism activity providers are displayed and made available for online booking. For the purposes of a better understanding of these General Terms and Conditions, the following definitions are established: 

Definitions: 

  • User or users: any natural or legal person who books any of the activities available on this website. 
  • Service provider or Partner: any natural or legal person who offers and provides, directly or through third parties, the activities available on this website. 
  • NaturAdvenTour: owner of the website, acting exclusively as an intermediary between the User and the Service Provider. 

This document sets out the general terms and conditions governing the contractual relationship concerning the booking of services offered through this website, which is owned by JALLUCA S.L. (hereinafter, «NaturAdvenTour»), with registered address at Moll de Ponent s/n, Edifici Estació Marítima, 08800, Vilanova i la Geltrú, Barcelona, registered in the Commercial Registry of Barcelona, Sheet B-463752, Tax ID: B66468646, and any natural and/or legal persons (hereinafter, «CLIENT») who express their intention to book services through an online request submitted via this website. 

These requests by users constitute the specific conditions associated with these general terms and conditions, which the CLIENT must necessarily accept electronically prior to booking the service. The CLIENT is presented with these conditions through this website so that they may read, print, save and accept them. These general terms and conditions, together with the CLIENT’s specific service request, constitute the formalisation of the service agreement between NaturAdvenTour and the CLIENT, who confirms having read, understood and accepted these conditions. The CLIENT may consult these general terms and conditions at any time through the website. 

The effective provision of services may be subject to specific conditions established by the Partner, which will be communicated to the User prior to booking. 

In any event, since NaturAdvenTour acts exclusively as an intermediary and does not directly provide the booked activities, it shall not be liable under any circumstances for any malfunction in the provision of the service or for any damage that its execution may cause to the user or to third parties. 

FIRST. PURPOSE OF THE CONTRACT 

NaturAdvenTour’s role is limited to displaying and providing information about activities as supplied by the Partner, in accordance with their instructions, acting at all times solely as an intermediary between the CLIENT and the Partner. 

By booking a service available on this website, the CLIENT declares that: 

  • They are of legal age and have the legal capacity to enter into contracts. 
  • They have read, understood and accept these General Terms and Conditions. 

Activities and prices are valid while they are displayed on the website and always subject to the availability of the Service Provider’s human and material resources. NaturAdvenTour does not participate in, suggest, control or in any way determine the characteristics, price or conditions of service provision, which are freely set in each case by the Partner. 

Such information is provided directly through our information systems, and errors in the availability of the full range of activities may occasionally occur. 

In the event that a booked activity is genuinely unavailable after an order has been processed, the CLIENT will be informed by email or telephone of a possible rescheduling or cancellation of their booking. If the CLIENT does not agree to the rescheduling, they shall be entitled to cancel the booking and receive a full refund within a maximum of 30 days from the date of purchase. 

SECOND. AMENDMENT OF GENERAL TERMS AND CONDITIONS 

NaturAdvenTour reserves the right to amend these General Terms and Conditions at any time without prior notice to the CLIENT, who is in any case responsible for reviewing them before purchasing any service available through this website. The General Terms and Conditions in force on the website at the time the CLIENT purchases the relevant service shall be deemed valid and applicable. 

THIRD. ACTIVE TOURISM 

Active tourism companies are those dedicated, on a regular and professional basis and for remuneration, to providing recreational, sports and adventure tourism activities that make primary use of the natural resources of the environment in which they take place, whether aerial, land surface, underground or aquatic, and which inherently involve an element of risk or a certain degree of skill or physical effort. 

For the practice of these activities, the Service Provider shall use approved equipment and materials, and resources other than those provided by nature may exceptionally be used. Each Service Provider is responsible for having duly approved and suitable equipment and personnel for each activity. 

Engaging in active tourism activities implies a physical commitment voluntarily assumed and accepted by the CLIENT, and the decision to participate means that the participant accepts the potential risks arising from the nature of the activities. 

Since this is an active tourism service, the Service Provider may impose age, physical fitness and health requirements for participation in the various activities offered, provided such requirements are justified by the characteristics of the activity, the conditions under which it must be practised, or other duly motivated circumstances. 

Activities and their proper development are subject to the conditions of the environment in which they take place and the participants involved, and may therefore be subject to changes before or even during the activity (weather conditions, sudden changes in water flow, physical issues among participants, etc.). In the event of unilateral cancellation by the Service Provider, the CLIENT shall be entitled to rescheduling, substitution with another activity of their choosing, or a refund of the amount paid. 

The itinerary described in each activity’s information sheet may be subject to minor adjustments to improve the CLIENT’s experience or safety conditions, without altering the duration or overall route. 

Where parents or guardians are not present at the activity, minors’ participation in the activities offered requires the Service Provider to hold prior written authorisation from the parents or guardians, specifying the activity or activities authorised. Where minors participate in an activity booked by an entity or group, that entity or group shall be responsible for obtaining such authorisation, holding the Service Provider and NaturAdvenTour harmless from any liability in this regard. 

FOURTH. RIGHTS AND OBLIGATIONS OF NATURADVENTOUR 

4.1. Liability 

NaturAdvenTour, in its capacity as intermediary, shall not be liable under any circumstances in relation to: 

  • Errors, delays in the CLIENT’s access when entering their data, or any anomaly arising where such issues are due to internet network problems, fortuitous events, force majeure or any other unforeseeable circumstances beyond the company’s reasonable control. In any event, NaturAdvenTour undertakes to resolve any problems that may arise and to offer all necessary support to the CLIENT to achieve a prompt and satisfactory resolution. 
  • Errors or damages resulting from inefficient or bad-faith use of the service by the CLIENT. 
  • The non-operability or problems with the email address provided by the CLIENT for the sending of order confirmation. 

4.2. Right of Withdrawal 

The right of withdrawal is the right available to any consumer who contracts a service or purchases a product at a distance, including by electronic means. NaturAdvenTour guarantees this right to consumers who book any of the services available on its website, taking into account the exceptions set out below, which are provided for in current regulations. 

In accordance with Article 103, paragraph m) of Royal Legislative Decree 1/2007, of 16 November, on Consumer and User Protection, the right of withdrawal does not apply where the service has been fully performed, where performance has begun with the consumer’s prior express consent and acknowledgement that they will lose their right of withdrawal once the trader has begun to perform the contract. Furthermore, pursuant to Article 103(l) of the same legislation, contracts for leisure services are excluded from the right of withdrawal where the contracts provide for a specific date or period of performance. Without prejudice to the foregoing, NaturAdvenTour establishes a cancellation policy set out in section 4.3. 

The booking is subject to a cancellation policy (4.3); therefore, if the activity takes place within 14 days of the booking date, the CLIENT will lose their right of withdrawal, given that NaturAdvenTour’s intermediation service begins at the time of booking, prior to the activity taking place. 

Where none of the above conditions apply, the CLIENT is recognised as having the right of withdrawal within the terms and timeframes set out in Royal Legislative Decree 1/2007, of 16 November. In that case, NaturAdvenTour will manage the refund of the amount paid, including applicable taxes, with the Partner. The refund will be made within a maximum of 14 calendar days from the date on which NaturAdvenTour has been informed of the decision to withdraw and the Partner has confirmed that the refund is applicable, using the same payment method used by the CLIENT for the initial transaction. 

The CLIENT has 14 days from the date the contract is concluded to exercise the right of withdrawal. To exercise this right, the CLIENT must send an email to booking@naturadventour.com notifying NaturAdvenTour within the applicable timeframe. 

Once this 14-calendar-day period has expired, or once performance of the service has begun or the service has been fully performed, the CLIENT may not withdraw from the contract, and failure to participate in the booked activity shall not entitle them to a refund. 

4.3. Cancellation Policy 

Without prejudice to the right of withdrawal set out above, the booking of activities is subject to cancellation conditions. Since NaturAdvenTour’s intermediation service begins at the time of booking, the following conditions govern cancellations. The Partner may establish its own cancellation policy, which will be duly communicated to the CLIENT prior to booking. If no specific cancellation policy is mentioned for the Partner, the following shall apply: 

1. Bookings of fewer than 15 people 

Cancellation of an activity up to 5 days before the start of the booked activity does not incur any cancellation fee. After this period or in the event of a no-show, the penalty is 100% of the total amount, with no right to a refund. 

2. Bookings of more than 15 people 

Except for special clauses specified before the CLIENT accepts the order, bookings for groups of more than 15 people are subject to the following conditions: 

Variation in the final number of participants (provided the group still has 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 exceeds this, the price may be subject to changes. 
  • Between 7 days and 24 hours before the activity (subject to availability), a maximum variation of 5% of the total is accepted. 

Cancellation conditions: 

  • If cancellation is notified up to 14 days before the first activity, there is no penalty. 
  • If cancellation is notified between 14 and 5 days before the first activity, the penalty will be 10% of the total booking amount. 
  • If cancellation is notified between 5 days and 24 hours before the first activity, the penalty will be 30% of the total booking amount. 
  • If cancellation is notified less than 24 hours in advance or there is a 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 amounts and by the means set out below. On occasions, and particularly for group or corporate bookings, a personalised payment schedule may be agreed, in which case such schedule shall be binding on the party booking the activity. The schedule will also set out the conditions and consequences in the event of cancellation, with specific conditions taking precedence over these general terms. 

5.1.1. Amount 

The fee for each service available and actually requested by the CLIENT shall be as indicated on the website and as set out in the CLIENT’s specific request at any given time. Service prices displayed on the website include VAT. 

5.1.2. Payment methods — Online booking 

The CLIENT must pay the amount corresponding to their order by credit or debit card, entering their details into the virtual POS terminal available on the website. By accepting this payment method, the CLIENT confirms that they are authorised to use the card in question for this purpose and that they are the cardholder. 

5.1.3. Payment methods — Offline booking 

The CLIENT must pay the amount corresponding to their order before the start of the activity, within the timeframes and by the means agreed with the company. 

SIXTH. LIMITATION OF LIABILITY 

6.1. NaturAdvenTour shall not be liable under any circumstances for any damage caused during an activity booked through the website but provided by a Partner. 

6.2. The Partner is solely responsible for holding the relevant authorisations, insurance policies and certifications required to carry out its activities, as well as for complying with any legal, industry or territorial requirements applicable to the activities offered through the website. 

6.3. NaturAdvenTour shall not be liable in any circumstances for any damage caused to the website by the CLIENT or by third parties. 

6.4. NaturAdvenTour reserves the right to suspend access without prior notice, on a discretionary and permanent or temporary basis, until effective liability for any damages that may occur has been established. NaturAdvenTour will also cooperate with and notify the competent authority of such incidents as soon as it has reliable knowledge that the damage caused constitutes any form of unlawful activity. 

SEVENTH. ELECTRONIC INVOICING 

Since NaturAdvenTour acts as an intermediary, the invoice for contracted services will be issued by the relevant Partner or Service Provider. The CLIENT must request invoices directly from the Partner with whom they have booked the activity. 

NaturAdvenTour may issue the CLIENT with a confirmation or summary of the intermediation transaction in electronic format, which will be sent to the email address provided by the CLIENT during the booking process. 

For any billing-related queries, the CLIENT may contact NaturAdvenTour at: admin@naturadventour.com. 

EIGHTH. JURISDICTION AND APPLICABLE LAW 

These General Terms and Conditions are governed by Spanish law. The place of conclusion of the contract subject to these General Terms and Conditions shall be determined in accordance with Article 29 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce. Where the CLIENT does not have the status of consumer, any dispute relating to the interpretation or performance of these General Terms and Conditions shall be submitted to the jurisdiction of the Courts of Vilanova i la Geltrú. 

NINTH. INVALIDITY OF CLAUSES 

Should any clause of these General Terms and Conditions be declared null and void, the remaining clauses shall remain in force and shall be interpreted in accordance with the parties’ intentions and the purpose of these conditions. NaturAdvenTour may choose not to exercise certain rights and powers conferred by this document, which shall not in any case constitute a waiver thereof, unless expressly acknowledged by NaturAdvenTour. 

TENTH. ALTERNATIVE ONLINE DISPUTE RESOLUTION PROCEDURE 

Without prejudice to the provisions of the preceding clause, the European Commission provides an online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/adr/. CLIENTs who are consumers may submit their complaints through this online dispute resolution platform.