1. HOLDER INFORMATION
In compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following are the identification details of the Holder:
|Owner||ACTIVITATS ESPORTIVES DEL BAIX TER, S.L. (hereinafter KAYAK DEL TER)|
|ADRESS:||Parc del Ter, Avda. Costa Brava s/n, 17144 Colomers (GIRONA)|
|+34 662 159 469
+34 652 192 005
|Registry:||Registre Mercantil de Girona a data 30/5/2016. Tomo: 3102 Folio: 31 HOJA: GI-60755 i Incripción: 1ª|
2. CONDITIONS OF ACCESS AND USE
Any person accessing the Web KAYAK DEL TER will be considered a user. The User agrees to use the website and those services made available through the same, in accordance with the law, morality, decency and public order, as well as the provisions of these clauses. Consequently, you are obliged not to use the website for purposes or effects that are illicit and/or contrary to that established, harmful to the rights and/or interests of third parties or which, in any way, may damage the website or impede its normal use, or the services accessible through it.
The use of the Website and/or its Services implies the full and unreserved acceptance and validity of each and every one of the clauses contained in the latest updated version of this Legal Notice, for which reason the User must be aware of the importance of reading them every time he/she visits the Website.
3. INTELLECTUAL PROPERTY
The source code, graphic designs, images, photographs, videos, sounds, animations, software, texts, as well as the information and content contained on the Web are protected by Spanish legislation on intellectual and industrial property rights in favour of AYAK DEL TER or third party licenses. The reproduction and/or publication, in whole or in part, of the Web, or its computer processing, distribution, dissemination, modification, transformation or decompilation, or other legally recognised rights of the owner, is not permitted without the prior written permission of the same. The User, solely and exclusively, may use the material that appears on the Website for their personal and private use, and its use for commercial purposes or for illicit activities is prohibited. All rights derived from intellectual property are expressly reserved by KAYAK DEL TER or third party licenses, which will ensure compliance with the above conditions and the proper use of the contents presented to their websites, exercising all civil and criminal actions that apply in the case of infringement or violation of these rights by the User.
5. PRIVACY ISSUES
In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPD RGDD), we provide you with the following information on the processing of your personal data:
Who is responsible for the processing of your data?
KAYAK DEL TER
Our contact details can be found at the beginning of this legal notice.
We process the information provided to us in order to provide and invoice our services and products.
If you give us your consent, we may also process your data to send you information about our activities, products or services.
For how long will we keep your data?
The personal data provided will be kept for as long as you are a user of our services or wish to receive information, and if you participate in a promotion for as long as it is active, and thereafter for as long as necessary to comply with our legal obligations.
What is the legitimation for the processing of your data?
- The legal basis for processing your data is the consent you give us.
(Children under 14 years of age) It is understood that the information sent by children under 14 years of age has been sent with the consent of their legal representatives. If this is not the case, the legal representative must inform us as soon as possible.
- Compliance with applicable laws or performance of a contract. In specific circumstances, we may need to process your personal data in order to comply with a relevant law/regulation, or to perform our obligations under a contract to which you are subject.
To which recipients will your data be communicated?
The data will not be disclosed to third parties, unless required by law or necessary to fulfil the purpose of the processing.
Everyone has the right to obtain confirmation as to whether or not we are processing their personal data.
Data subjects have the right to access their personal data, as well as to request the rectification of inaccurate data or, if appropriate, to request their deletion when, among other reasons, the data are no longer necessary for the purposes for which they were collected.
In certain circumstances, data subjects may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defence of claims.
In certain circumstances and for reasons related to their particular situation, data subjects may object to the processing of their data. In this case, we will stop processing them, except for compelling legitimate reasons or for the exercise or defence of possible claims.
Data subjects also have the right to data portability.
Finally , data subjects have the right to lodge a complaint with the competent supervisory authority.
How can you exercise your rights?
By sending us a letter attaching a copy of a document that identifies you to our physical or e-mail address (listed at the beginning of this Legal Notice).
How did we obtain your data?
The personal data that we process comes from the interested party, who guarantees that the personal data provided is true and is responsible for communicating any changes. The data marked with an asterisk are obligatory in order to be able to provide the requested service.
What data do we process?
The categories of data we may process are:
Data of an identifying nature.
-Postal or electronic addresses
– • Other information requested in our forms.
The data is limited, as we only process the data necessary for the provision of our services and the management of our business.
For what purposes do we process your data?
We may process your personal data for the following purposes:
Providing the contracted services.
Facilitating the products purchased.
Responding to your requests for information, products or services
Where we have legal obligations, processing of personal data
Plan and develop organisational aspects (such as internal communications, budgeting, administration and project management);
Providing access to our resources
Administering the website
For any additional purposes for which we are required to notify you and obtain your consent, including purposes required by local law, we will obtain your consent before processing your personal data for these purposes.
6. WHAT SECURITY MEASURES DO WE APPLY?
We apply the security measures established in article 32 of the GDPR, therefore we have adopted the necessary security measures to ensure a level of security appropriate to the risk of the data processing we carry out, with mechanisms that allow us to guarantee the confidentiality, integrity, availability and permanent resilience of the processing systems and services.
Some of these measures include:
Information on data processing policies to staff.
Performing regular backups.
Data access control.
Regular verification, evaluation and assessment processes.
7. EXCLUSION OF LIABILITY
KAYAK DEL TER acts with the utmost diligence to ensure that the data and information provided on its website is updated at all times, although it does not guarantee and is not responsible for the accuracy and updating of the contents of the website, reserving the right to modify these contents at any time. KAYAK DEL TER is not responsible for the information that can be obtained through links included on the website.
Commercial relations with customers will be governed by the general conditions, if any, are established by KAYAK DEL TER in a specific document for that purpose, or by specific agreements that may be agreed with customers.
8. INFORMATION AND COMMERCIAL ADVERTISING POLICY
KAYAK DEL TER is committed through this means not to make misleading advertising. For these purposes, therefore, will not be considered as misleading advertising formal or numerical errors that may be found throughout the content of the different sections of the Web, produced as a result of maintenance and / or incomplete updating of the information contained in these sections. KAYAK DEL TER, as a result of the provisions of this section, undertakes to correct it as soon as it becomes aware of these errors.
KAYAK DEL TER undertakes not to send commercial communications without identifying them as such, in accordance with the provisions of Law 34/2002 of Services of the Information Society and electronic commerce. For these purposes will not be considered as commercial communication all information sent to customers of KAYAK DEL TER provided that its purpose is to maintain the existing contractual relationship between client and KAYAK DEL TER, as well as the performance of the tasks of information and other activities of the service that the customer has contracted.
9. OS CONDITIONS. JURISDICTION AND APPLICABLE LAW
The use of this website implies full acceptance of the terms of this legal notice. This Legal Notice and all related established between KAYAK DEL TER and the User of the Web and its services shall be governed by the provisions of Spanish law.
Last review: March 2022
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:
- That you are of legal age and have the capacity to enter into a contract.
- That you reside in Spain or in a place where Spanish law applies.
- 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 firstname.lastname@example.org 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
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.
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.
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.
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.