General contracting conditions

GENERAL CONTRACTING CONDITIONS

http://monaventura.com/ (hereinafter the Web) is a website owned by Monaventura Ecotours Pollensa, S.L.U., hereinafter Món d’Aventura, with CIF / NIF nº: B16572406 and registered office at: Plaça Vella, 8 Bajo, C.P. 07460 – Pollença (Illes Balears).

The access, reproduction and use of the services of the Web requires prior acceptance of the Terms of Use in force at any time; Món d’Aventura reserves the right to modify said Conditions when it deems appropriate, by publishing the new text on the Web.

t is the responsibility of the user to know the Conditions of Use before accessing the services of the Web; In case of not being satisfied with them, we beg you, refrain from using it.

PROPERTY

The Web is a work composed of various integrated and inseparable elements (text, illustrations, photographs, animated images, videos, computer programs, including html codes of the website, etc.), whose Intellectual Property corresponds to Món d’Aventura , except in relation to those materials obtained under license of third parties.

Món d’Aventura and its licensors retain at all times the Intellectual Property on the Web and on the different elements that compose it, individually considered, in all the copies that are made (whatever the support to which they are incorporated), granting the same only the rights of use that are described below. Any right that is not expressly assigned is understood as reserved.

In addition to the above, Món d’Aventura is responsible for the selection, design of the structure and layout of the contents of the Web, as well as who has taken the initiative and assumed the risk of making substantial investments aimed at obtaining, digitizing and presentation of the same, corresponding, therefore, the protection that Article 12 and Title VIII of Book II of the Intellectual Property Law may grant on the website, considered as a database.

Món d’Aventura is also the only owner of the graphic design and image of the Web, reserving the pertinent legal actions that may correspond against people who perform imitations or unfair uses thereof.

WEB CONTENTS AND DOWNLOADS. PERMITTED AND PROHIBITED USES

It is allowed:

  • Web browsing, that is, access and visualization of the same on a device.

It is authorized the establishment of links and hyperlinks to the Web from other pages or websites, provided that they are not made in a way that harms the public and brand image of Món d’Aventura, the Web or any of the people and products referred to in it. In the establishment of links with the Web, the use of techniques that imply confusion over the identity and ownership of the contents, such as framing or others.

The establishment of links from websites or pages whose contents promote or advocate, directly or indirectly, any type of violence, discrimination, pornography or illegal activity is prohibited.

Moreover, the establishment of links for commercial purposes is expressly prohibited.

In the creation of the links is expressly forbidden the use of elements extracted from the Web, without the prior and express consent of Món d’Aventura.

In no case may it be understood that links to the Website from third-party websites or web sites imply Món d’Aventura’s relations with the owners thereof, nor does it imply endorsement, sponsorship or recommendation of Món d’Aventura about them, so that Món d’Aventura will not be responsible at all regarding its content and legality.

CONTENTS AND USER BEHAVIOR

As a client or user of the Website, you agree to make appropriate use of the content and services offered through it and not to use them to:

    1. Engage in illicit activities, illegal or contrary to good faith and public order.
    2. Disseminate content or propaganda of a racist, xenophobic, pornographic nature that advocates terrorism or that violates human rights.
    3. Causing damage to the physical and logical systems of Món d’Aventura, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that are capable of causing the aforementioned damage.
    4. Disseminate content that threatens the image and reputation of Món d’Aventura or third parties.

<li>Attempt against the rights of Intellectual Property, Industrial, image, honor or others that correspond to Món d’Aventura or to third parties.

Món d’Aventura will have full freedom of decision on whether the collaborations and messages are finally published on the Web or not, being entitled to withdraw them when deemed appropriate.

The infringement of any of the rules contained in these Terms of Use and, in particular, of the provisions of this clause, will entitle Món d’Aventura to terminate it immediately as a user or subscriber of the Website.

ACTIVITIES OFFER / SERVICES

Món d’Aventura offers different categories of services:

  1. Scheduled activities published in the calendar (http://mondaventura.com/calendar/).
  2. Unscheduled activities, at a private and exclusive level, upon request.
  3. Rental kayaks, SUP boards and technical equipment for other mountain sports.

As a general rule, only scheduled activities published in the calendar (number 1) can be purchased directly through the web portal and its payment gateway.

Other activities and services must be requested expressly by contacting the Món d’Aventura reservation center.

Món d’Aventura does not offer:

  • Complementary services.
  • Packages of services.
  • Own services of a travel agency (accommodations, transfers, etc.).

PRICES

  • All the prices published in the calendar of scheduled activities include: qualified professional guide, complete technical equipment, accident insurance, Civil Liability insurance, I.V.A.</li>
  • The prices published in the calendar of scheduled activities do not include: food, beverages, complementary services or any concept not specified.</li>
  • Prices and special conditions are established for private and exclusive groups, upon request.
  • Prices and special conditions are established for the rental of material, depending on their characteristics.

APPLICABLE DISCOUNTS ONLY </ u> FOR ACTIVITIES PROGRAMMED IN THE CALENDAR

Special and non-cumulative discounts are established for:

  • -50% for children under 11 years old who are seated in the middle of two adults in a kayak in the Kayak Discovery and Family Kayak excursions with boat route, applicable to 2 children for every 2 adults.
  • -10% for customers who book more than 1 scheduled activity.
  • -15% for customers who book more than 2 scheduled activities.
  • -20% for customers who book more than 3 scheduled activities.
  • -30% for federated members with the Club Món Aventura that reserve a scheduled activity.

PAYMENT METHODS

A reservation will be confirmed after payment of 100% of the total price in advance. Any reservation that has not completed the payment process successfully will not be considered confirmed and Món d’Aventura can not guarantee the availability of seats in such case.

*Special conditions are established for school groups, communions and birthday parties (upon request).

Allowed as payment methods:

  • Debit or credit cards.
  • Wire transfer
  • Cash.

In the exceptional case of remaining an amount pending payment, this will be paid on the day of the activity. As a general rule, this payment will be made in cash, since in many meeting points to carry out activities we do not have a POS.

Reservation document

As proof of the reservation, the client will receive, via e-mail, a Reservation Confirmation issued by us that he / she will not necessarily have to present to carry out the activity contracted.

CANCELLATION POLICY

Món d’Aventura:

  • reserves the right to postpone or cancel an activity, until the last moment, if the maritime or meteorological forecast does not allow the realization of the planned activity in complete safety.
  • reserves the right to postpone or cancel an activity if the minimum number of participants for the agreed day is not reached.
  • reserves the right to accept or reject a reservation request for any reason including, but not limited to, the unavailability of a reservation, an error in the price or description or image of the service, or any error in the purchase.
  • reserves the right to postpone or cancel an activity due to indisposition of the guide.
  • reserves the right to decide if, after the first 200 meters of the excursion, a person can not carry out the activity due to any physical or technical difficulty. The guide will decide if this person can go ahead or return, without the possibility of returning the money.
  • reserves the right to go back on the excursion, once started, due to bad weather conditions in which the return of money is not contemplated.
  • reserves the right not to return the reservation money in the event that the guide has to make an urgent rescue.

Visitors will be informed as soon as possible in any of the above cases and a alternative plan will be offered whenever possible.

If we cannot contact the client by any of the means provided (e-mail and mobile phone) to inform of the possible change on the day before the start of the activity, the client will lose their reservation as well as the right to reimbursement.

If applicable, the amount of the contracted service will be reimbursed through the same form of payment used in the purchase.

The client:

  • Can receive 100% of the total amount for the following reasons:
    • Cancellation or postponement by Món d’Aventura due to bad weather forecast.
    • Cancellation or postponement by Món d’Aventura due to lack of participants.
    • Cancellation or postponement by Món d’Aventura due to indisposition of the guide.
  • can cancel the reservation or part of it with more than 7 days in advance without penalty.
  • can cancel the reservation or part of it with more than 48 hours in advance with a penalty of 50% of the total amount of the seats canceled.
  • Cancellations made less than 48 hours in advance or in case of not showing up at the agreed day and time for the activity, will involve the collection of 100% of the reserved seats.

It will be the sole responsibility of the client to appear on the day and time indicated for the start of the activity. If the client delays or does not attend the appointment for X reasons, no refund will be considered.

Out of respect for the other participants, the guide will not wait or delay the start of the activity in any case.

 

CHANGE POLICY

  • The client may choose another activity in the event that the initial activity has been canceled due to bad weather, due to lack of participants or due to the unavailability of the guide.
  • The changes of activity requested with more than 7 days in advance, will not suppose any cost for the client.
  • Changes of activity requested less than 7 days in advance may involve additional expenses for the client.

WITHDRAWAL

By virtue of the provisions of article 103 i) of the Revised Text of Legislative Royal Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, is excluded the right of withdrawal of the client regardless of the anticipated cancellations that have been expressly detailed in the present provided.

To manage any type of cancellation of previously contracted services, the customer must contact our Customer Service by email: info@monaventura.com or by phone 971535248, during business hours from Monday to Sunday.

DATA PROTECTION

The information or personal data you provide us will be treated in accordance with the provisions of the Privacy Policy. By making use of this web page, the processing of said information and data is consented and it is declared that all the information or data that you provide us are true and correspond to reality.

MODIFICATIONS

Món d’Aventura se reserva el derecho de efectuar, sin previo aviso, las modificaciones que considere oportunas en la Web, pudiendo cambiar, suprimir o añadir tanto los contenidos y servicios que se presten a través de la misma, como la forma en la que éstos aparezcan presentados o localizados.

Món d’Aventura reserves the right to make, without prior notice, the modifications it deems appropriate on the Web, being able to change, delete or add both the contents and services provided through it, and the way in which these appear presented or located.

LEGAL ACTIONS

Món d’Aventura will pursue the breach of these Terms of Use, as well as any improper use of the Website or its contents, infringements of the rights that correspond to it or its licensors, especially those of Intellectual and Industrial Property, exercising all the actions, civil and criminal, that may correspond to it in Law.

Applicable legislation and jurisdiction

The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user’s domicile.