General Terms and Conditions of Use

In compliance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), we hereby inform you of the following legal aspects of the website:

1. Purpose and scope

The purpose of these General Conditions of use and contracting is to regulate the provision of the information supplied on the website, as well as the legal relationship arising from the contracting processes carried out between users and the owner of the website.

2. User status and acceptance

The contracting of any product and/or service confers the condition of “Client” and he/she must know and accept the general contracting conditions included in this text, as well as, if applicable, the particular conditions governing the purchase.

Only persons over 18 years of age are authorised to make use of the e-commerce services through the website.

By accepting the General Conditions of Use and Contract, the Customer declares:

  1. That you are of legal age and have the capacity to enter into a contract.
  2. That you reside in Spain or in a place where Spanish law applies.
  3. That you have read and accept these General Terms and Conditions.

KAYAK DEL TER has at the disposal of Users and Customers the e-mail address info@kayakdelter.com to consult any doubts about the General Conditions.

3. Modifications to the legal notice and general terms and conditions

KAYAK DEL TER may modify the General Conditions without notice, so it is advisable that these are read at each visit to the website. These modifications apply from the date of publication on the website and may not be applied to contracts concluded previously. In any case, the date of revision of the general conditions will be indicated. Each purchase is governed by the General Terms and Conditions in force on the date of the order. In any case, the General Terms and Conditions may be consulted before any contracting process.

4. Responsibility of KAYAK DEL TER

The products and services presented on the website are in accordance with Spanish legislation. Access to the website will be voluntary, and therefore the responsibility of the user, who will be responsible for any direct or indirect effects arising from the use of the website, including, but not limited to, any adverse economic, technical and / or legal result, as well as the disappointment of the expectations generated by our website, forcing the user to hold harmless KAYAK DEL TER for any claim arising directly or indirectly from such events.

KAYAK DEL TER is not responsible for any damages that may arise from interference, omissions, interruptions, interruptions, computer viruses, faults and / or disconnections in the operation of this electronic system or in the devices and computer equipment of users, caused by reasons beyond KAYAK DEL TER, that prevent or delay the provision of services or navigation through the shop, or delays or blockages in the use caused by deficiencies or overloading of the Internet or other electronic systems, or the inability to provide the service or allow access for reasons not attributable to KAYAK DEL TER, due to the user, third parties, or cases of force majeure. KAYAK DEL TER does not control, to all intents and purposes, the use that users make of the website. In particular, KAYAK DEL TER is not responsible in any case that users use the website in accordance with the law, these General Conditions, morality and generally accepted good customs and public order, nor that they do so in a diligent and prudent manner.

The civil liability of KAYAK DEL TER for the products supplied is limited to the amount of the same, the user or consumer waives any liability to KAYAK DEL TER for any concept in any case of dissatisfaction of the products purchased through this website as well as possible failures, slow access or errors in access to it, including loss of data, or other information that may exist in the computer or network of the user accessing KAYAK DEL TER.

5. Obligations of customers

For all purposes the user is obliged to comply with these General Conditions, as well as to comply with the special warnings or mode of use contained therein or on the website and always act in accordance with the law, good customs and the requirements of good faith, using due diligence, and refraining from using the website in any way that may prevent, damage or impair the normal functioning of the same, property or rights of KAYAK DEL TER, its suppliers, other users or in general any third party. Access and use of the portal is prohibited to minors without the express consent of their parents, KAYAK DEL TER is not responsible for the veracity and accuracy of the data filled in by the user and therefore can not verify the age of the same.

Specifically, and without this implying any restriction in the previous section, during the use of the website the user undertakes to:

  1. a) To provide truthful information about the data requested in the user registration form or when placing an order, and to keep them up to date.
  2. b) Not to enter, store or disseminate on or from the website any information or material that is defamatory, libellous, obscene, threatening, xenophobic, incites violence or discrimination on grounds of race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and, in general, current legislation.
  3. c) Not to introduce, store or disseminate through the shop page any program, data, virus, code, or any other electronic or physical device that is likely to cause damage to the website, any of the services, or any of the equipment, systems or networks of KAYAK DEL TER, any other user, the suppliers of KAYAK DEL TER or in general any third party.
  4. d) Not to carry out advertising or commercial exploitation activities through the website, and not to use the contents and information contained therein to send advertising, or to send messages for any other commercial purpose, or to collect or store personal data of third parties, unless express authorisation has been granted.
  5. e) Not to use false identities, nor to impersonate others when using the website or any of its services, including the use of passwords or access codes of third parties or in any other way.
  6. f) Do not destroy, alter, use for use, disable or damage the data, information, programs or electronic documents KAYAK DEL TER, its suppliers or third parties.
  7. g) Not to introduce, store or disseminate through the shop page any content that infringes the intellectual or industrial property rights or business secrets of third parties, or in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.
6. Placing the order
Step 1 access the website place an order, you will need to log in to the website.
Step 2 Filling the Shopping Cart The User will have to add the product (the activity booking) that he/she wishes to purchase to the shopping cart, according to the indications shown on the screen and according to availability in the calendar.

The prices and offers presented on the website are valid only and exclusively for online orders.

Step 3 Validate purchase Filling in the order forms provided for this purpose (User identification data, Invoicing data, Type of shipment, Delivery data, Payment method and Order) and validate the purchase.

The validation of the order by the customer expressly implies knowledge and acceptance of these general conditions of contract as part of the conclusion of the contract. Unless proven otherwise, the data recorded by KAYAK DEL TER constitute proof of all transactions between KAYAK DEL TER and its customers. KAYAK DEL TER will file the electronic document in which the contract is formalized and this will be accessible.

Once the purchase and as soon as possible, always within 24 hours after the execution of the purchase, KAYAK DEL TER will send the customer by e-mail a proof of purchase. If you do not agree with the data contained in this confirmation may request the modification of the same or the cancellation of the contract.

Step 4 PaymentSelect the payment method and make the payment through the corresponding payment gateway.
7. Prices, changes and cancellations (to be adapted to the company's conditions)

The prices indicated on the website (in the PRICES section) may include taxes related to VAT (specified in the price list of each product). During the booking process, the amount corresponding to the tax charge will be broken down according to the rate in force at any given time and applicable to the products and/or services marketed.

In the event of cancellation of a reservation, the following amounts will be paid:

More than 24 hours: 100% refund of the total amount of the contracted reservation. (except in groups, which will be as agreed in the budget).

The conditions of payment by credit card or PayPal, are subject to the conditions of each financial institution.

Weather:

If only drizzle falls, the activity can still be done. In case of strong wind or storm, 100% of the total amount will be paid, or the date of the activity will be changed.

8. Payment (add a payment method if applicable)

KAYAK DEL TER supports the following payment methods:

Payment by Credit Card: Visa and Master Card have developed a system for secure Internet payments. The Secure Electronic Commerce system is based on the card issuer (bank or savings bank) identifying the cardholder before authorising payment over the Internet.

Paypal Payment.

KAYAK DEL TER adheres to this security protocol whereby, once the product to be purchased has been selected and the card number has been entered, an issuer window opens and asks for your identification, displaying one of the following icons:

Your card details and password are protected by this security system from the moment they are entered. Once the identification has been completed, the issuer informs KAYAK DEL TER that the purchase is being made by the cardholder, so that the cardholder can complete the process. If the identification has not been satisfactory, the issuer informs KAYAK DEL TER so that it can proceed accordingly.

This window is beyond the control of KAYAK DEL TER, and it is the responsibility of the Issuer of any incident that may arise with it, having to contact this entity if you find yourself in this situation.

KAYAK DEL TER reserves the right to refuse any credit card transaction. In this case we will proceed to refund the cash to the original card. In these cases and if the Client is interested in progressing with the purchase of the items we will request a bank transfer.

In the event of non-payment by the Customer, in whole or in part, on the due date agreed for one or more shipments of products, KAYAK DEL TER may suspend or cancel any outstanding shipment or Contract, without incurring liability for any damages or losses, including loss of profits, or damages for delay or loss of production caused to the Customer. The foregoing power of KAYAK DEL TER shall in no way release the Customer from its contractual obligations in relation to payments due and receipt of products.

9. Notifications

All notices, summons, requests and other communications to be given by the parties in relation to these General Conditions shall be in writing and shall be deemed to have been duly given when they have been delivered by hand or sent by ordinary mail to the other party’s address or e-mail address, or to any other address or e-mail address that each party may indicate to the other party for this purpose.

10. Invalidity and inefficiency of the clauses

If any clause included in these general conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect this provision or the part of it that is null or ineffective, and the rest of the General Conditions will remain in force, and such provision, or the part of it that is affected, will be considered as not being in force.

11. Alternative dispute resolution

If you have a dispute with a consumer and want to avoid going to court, Alternative Dispute Resolution (ADR) can be a good option. It is usually quicker, simpler and cheaper than court proceedings. It encompasses all the different ways of resolving a complaint without going to court: “mediation, “conciliation”, “arbitration”, “consumer ombudsman”, “complaints office”, etc.

https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint/alternative-dispute-resolution-consumers_en

12. Online dispute resolution

This platform is only valid for business-to-consumer disputes.

If you have a dispute with a consumer about an online purchase and want to avoid court proceedings, the online dispute resolution platform may be the right tool to find a quick and cost-effective solution. You can use it to make a claim against a customer (e.g. for non-payment) or the customer can use it to make a claim against you.

If you have an online business you should provide a direct link to the ODR platform from your website. Your email address should also be clearly indicated on the website.

Where you are obliged (by law, membership or contract) to use a specific dispute resolution body, you should:

communicate the dispute resolution body to consumers via your website and include it in the contract documents

inform consumers about the ODR platform in the contract documents and in the offers sent by e-mail.

https://europa.eu/youreurope/promo/odr-banners/index_en.htm

13. Applicable legislation

All sales and purchases made on KAYAK DEL TER are subject to Spanish law.

These General Terms and Conditions are subject, among others, to the following regulations:

– Law 7/1996 of 15 January 1996 on the Regulation of Retail Trade (“LOCM”).

– Law 7/1998, of 13 April 1998, on general contracting conditions (“Ley 7/1998, de 13 de abril, sobre condiciones generales de contratación”).

– Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November (“TRLGDCU”).

– Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE).

– Organic Law 3/2018, of 5 December, on the protection of personal data and guarantee of digital rights. (“LOPD-GDD”).

– Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.

The parties submit, by choice, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the domicile of KAYAK DEL TER.

These general terms and conditions are current as of March 2022.

Cookie Policy

In compliance with Law 34/2002 on Information Services and Electronic Commerce (LSSICE), we hereby inform you of the following legal aspects of the website:

Web: https://kayakdelter.com/ 
Owner ACTIVITATS ESPORTIVES DEL BAIX TER S.L (hereinafter KAYAK DEL TER)
ADRESS: Parc del Ter, Avda. Costa Brava s/n, 17144 Colomers (GIRONA)
C.I.F: B55255178
Telephone CA/SE/FR:

Phone EN:

+34 662 159 469

+34 652 192 005

e-mail: info@kayakdelter.com   
Registry: Registre Mercantil de Girona a data 30/5/2016. Tomo: 3102 Folio: 31 HOJA: GI-60755 i Incripción: 1ª

 

KAYAK DEL TER may collect information about the research habits of website users by means of cookies or log files. Cookies will not be used to collect personal information. They will only be installed if the User remains and continues browsing our website, understanding that he/she consents to their use and installation. Below, we provide detailed information on: what cookies are, what type of cookies this website uses, how to disable them in the browser and how to specifically block the installation of third-party cookies.

What are cookies?

Cookies are small text files generated by websites that the user visits, which contain session data that may be useful later on in the website. The data allows the website to maintain your information between pages, and also to analyse how you interact with the site.

Cookies are secure in that they can only store information that was put in place by the browser, information that the user would have entered in the browser or information that is included in the page request. They cannot execute code and cannot be used to access the User’s computer.

Cookies are essential for the functioning of the Internet, providing countless advantages in the provision of interactive services, facilitating the navigation and usability of web pages. Cookies cannot damage equipment and the fact that they are activated helps to identify and resolve errors.

 

Type of cookies

 

According to their purpose  
Technical cookies Technical cookies are those that are essential and strictly necessary for the correct functioning of a web portal and the use of the different options and services it offers.

For example, those for session maintenance, response time management, performance or validation of options, use of security features, sharing content with social networks, etc.

Personalisation cookies These cookies allow the user to specify or personalise some features of the general options of the website, for example, defining the language, regional configuration or type of browser.
Analytical cookies Analytical cookies are those used by our web portals to create browsing profiles and to be able to know the preferences of the users of the same in order to improve the offer of products and services.

For example, an analytical cookie could be used to monitor the geographical areas of greatest interest to a user, which product is the most popular, etc.

Advertising / advertising  cookies Advertising cookies allow the management of advertising space based on specific criteria. For example, frequency of access, edited content, etc.

Advertising cookies allow advertising management to store behavioural information through the observation of habits, studying accesses and forming a profile of user preferences, in order to offer advertising related to the interests of the user’s profile.

According to deadline  
Session cookies Session cookies are those that last as long as the user is browsing the website and are deleted at the end of the session.
Persistent cookies These cookies are stored in the user’s terminal for a longer period of time, making it easier to control the preferences chosen without having to repeat certain parameters each time the website is visited.

 

List and description of cookies

The table below summarises the cookies described above and used on our website:

 

Domain Cookie Name Duration Purpose Type
kayakdelter.com wp-wpml_current_language 24 hours Cookie to control the language chosen by the user. Technical/Necessary
_icl_visitor_lang_js 24 hours Present the web page in the user’s language. Technical/Necessary
wpml_browser_redirect_test Session This cookie identifies whether to redirect the page to another language. Technical/Necessary
_wcml_booking_currency 24 hourss Defines the current currency of the store Technical/Necessary
ginger-cookie 1 month The purpose of this cookie has not been found.   Technical/Necessary
.google.com 1P_JAR 15 days Cookie that transfers data to Google to make advertising more attractive. Advertising/

Personalisation

UULE 24 hours Cookie associated with the Google Maps service. It allows the geolocation of our laboratory in the corresponding section of this website. Technical/Necessary
NID 6 months These cookies are used by Google to store user preferences. Personalisation
CONSENT Permanent Cookie acceptance function on web sites Personalisation

 

More information on Google Cookies:

– (Google maps): We also use Google Maps cookies are used to display geographic locations. These cookies are managed entirely by Google. (example: PREF, CONSIENTE, SSID, NID…).

Other Google cookies: We also use technical cookies to remember the user’s acceptance of the installation of cookies, as well as cookies with different functionalities, advertising, security or preferences (examples of these Google cookies: 1P_JAR, SID, SEARCH_SAMESITE, SAPISID, APISID, HSID, UULE, DV…), which can be found in the following links of the Google policy:

https://policies.google.com/technologies/types?hl=es 

https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage?hl=es 

Consent.

The user will have to explicitly and actively accept the use of the aforementioned cookies, for the periods indicated above and under the conditions contained in this Cookies Policy .

Withdrawal of Consent.

You may withdraw your consent to this Cookie Policy at any time by deleting the cookies stored on your computer using the settings and configurations of your internet browser.

Rights of the interested party.

Most cookies collect anonymous information, which does not allow the user’s identity to be obtained, although some of the codes that are included are used to identify or individualise the browser of the device used, and the regulations on personal data protection may apply. Therefore, we inform you that the information obtained through cookies will be processed for the purposes indicated in this Cookies Policy. Likewise, this information will also be processed by those companies that provide cookies for the purposes indicated in their respective privacy policies.

However, taking into account that these codes do not allow the identification of the User, the rights of access, rectification, deletion, opposition, limitation and portability recognised in the data protection regulations will not be applicable, unless the User is able to provide additional information that allows his or her identity to be linked to the identification codes of his or her cookies.

In the event of considering their right to data protection to have been infringed, users may lodge a complaint with the Spanish Data Protection Agency (www.aepd.es) or with our Data Protection Delegate/Data Protection Officer at the following e-mail address (info@kayakdelter.com).    

Furthermore, we inform you that some of our suppliers, partners and collaborators may be located in the United States or other countries whose legislation does not offer a level of data protection equivalent to that of Europe. By consenting to the use of cookies and data sharing, you consent to the transfer of your personal data.

Cookie management: Additional safeguards.

All Internet browsers allow you to limit the behaviour of a cookie or disable them within the browser settings or options. The steps to do this are different for each browser, and instructions can be found in the help menu of each browser.

Many browsers allow you to activate a private mode whereby cookies are always deleted after the visit. Depending on the browser, this private mode may have different names. Below you can find a list of the most common browsers with a link to the cookie settings and the different names of this “private mode”:

Internet Explorer: http://windows.microsoft.com/es-xl/internet-explorer/delete-manage-cookies#ie=ie-11 

-Firefox: https://support.mozilla.org/es/kb/borrar%20cookies 

Chrome: https://support.google.com/chrome/answer/95647?hl=es  

-Safari: http://www.apple.com/legal/privacy/es/cookies/ 

-Opera: http://help.opera.com/linux/10.50/en/cookies.html 

Safari for iOS (iPhone and iPad devices): http://help.opera.com/linux/10.50/en/cookies.html 

Chrome for Android: https://support.google.com/chrome/answer/2392971?hl=es 

For more information on deleting, disabling or blocking cookies you can also: http://www.aboutcookies.org/default.aspx?page=2 

Update of the cookies policy.

This website may modify this Cookie Policy, so we recommend that you review this policy each time you access our website to be properly informed about the use of cookies.

Last review: March 2022