General Terms of Use
In compliance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the following legal aspects of the website are hereby informed:
| Web: | https://www.kayakingcostabrava.com/ |
| Owner: | KAYAKING COSTA BRAVA S.L. |
| Adress: | C/ Enric Serra nº 42, 17130, l’Escala (Girona) |
| VAT number: | B55291355 |
| Phone number: | +34 972 77 38 06 |
| Email: | info@kayakingcostabrava.com |
1. Purpose and Scope of Application
These General Terms and Conditions regulate the information provided on the website, as well as the legal relationship arising from the contracting processes between users and the website owner.
2. User Status and Acceptance
The contracting of any product and/or service grants the status of “Client” and the Client must be aware of and accept the general contracting conditions included in this text, as well as, where applicable, the specific conditions governing the acquisition.
Only persons over 18 years old are authorized to use the e-commerce services through the website.
By accepting the General Terms of Use and Contracting, the Client declares:
1st. That they are of legal age and have the capacity to contract.
2nd. That they reside in Spain or in a place where Spanish legislation applies.
3rd. That they have read and accept these General Terms.
KAYAKING COSTA BRAVA provides Users and Clients with the email address info@kayakingcostabrava.com to consult any questions regarding the General Terms and Conditions.
3. Modifications of the Legal Notice and General Conditions
KAYAKING COSTA BRAVA may modify the General Conditions without prior notice; therefore, it is advisable to read them on each visit to the website. These modifications apply from the moment they are published on the website and cannot be applied retroactively to previously concluded contracts. In any case, the date of the latest revision of the General Conditions will be stated. Each purchase is governed by the General Conditions in force on the date of the order. In any case, the General Conditions may be consulted prior to any contracting process.
4. Responsibility of KAYAKING COSTA BRAVA
The products and services presented on the website comply with Spanish legislation. Access to the website is voluntary and, therefore, the user is solely responsible for any direct or indirect consequences arising from the use of the site, including, but not limited to, any adverse economic, technical and/or legal outcomes, as well as any unfulfilled expectations generated by the website. The user agrees to hold KAYAKING COSTA BRAVA harmless from any claims arising directly or indirectly from such events.
KAYAKING COSTA BRAVA is not responsible for any damages resulting from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or users’ devices and computer systems, caused by reasons beyond the control of KAYAKING COSTA BRAVA, which may prevent or delay the provision of services or browsing through the online store. Nor is it responsible for delays or blockages caused by deficiencies or overloads of the Internet or other electronic systems, or for the impossibility of providing the service or allowing access due to reasons not attributable to KAYAKING COSTA BRAVA, such as causes due to the user, third parties, or force majeure. KAYAKING COSTA BRAVA does not generally monitor the use users make of the website. In particular, it does not guarantee that users use the website in accordance with the law, these General Conditions, generally accepted morals and good customs, or public order, nor that they do so in a diligent and prudent manner.
KAYAKING COSTA BRAVA’s civil liability for the products supplied is limited to their price, and the user or consumer waives the right to claim any liability from KAYAKING COSTA BRAVA for any dissatisfaction with products purchased through this website, as well as for possible access failures, slowness, or errors, including data loss or any other type of information on the user’s computer or network when accessing KAYAKING COSTA BRAVA.
5. Client Obligations
In general, users agree to comply with these General Conditions, as well as to follow any specific warnings or instructions for use contained in these or on the website, and to always act in accordance with the law, good customs, and good faith, using due diligence, and refraining from using the website in any way that may prevent, damage, or impair its normal operation, the property or rights of KAYAKING COSTA BRAVA, its suppliers, other users, or third parties.
Access to and use of the website by minors is prohibited without the express consent of their parents. KAYAKING COSTA BRAVA is not responsible for the accuracy of the data provided by users and therefore cannot verify their age.
Specifically, and without this implying any limitation to the above, while using the website the user agrees to:
a) Provide truthful information about the requested data in the user registration or order form and keep it updated.
b) Not introduce, store, or disseminate on or from the website any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion, or in any way violates morals, public order, fundamental rights, public freedoms, honor, privacy, or the image of third parties or current legislation.
c) Not introduce, store, or disseminate via the store’s website any programs, data, viruses, code, or any other electronic or physical device that could cause damage to the website, any of the services, or any of KAYAKING COSTA BRAVA’s equipment, systems or networks, or those of any other user, supplier, or third party.
d) Not conduct advertising or commercial exploitation activities through the website, or use the content and information therein to send advertising or messages for any commercial purpose, or to collect or store personal data of third parties without express authorization.
e) Not use false identities or impersonate others in the use of the website or any of its services, including the use of third-party passwords or access credentials.
f) Not destroy, alter, use for personal use, render unusable, or damage the data, information, programs, or electronic documents of KAYAKING COSTA BRAVA, its suppliers, or third parties.
g) Not introduce, store, or disseminate through the store’s website any content that infringes on intellectual property rights, industrial rights, or business secrets of third parties, or any content for which they do not hold the legal right to make available to third parties.
6. Placing an order
| Step 1 | Log in to the website | To place an order, it is necessary to log in to the website. |
| Step 2 | Fill the Shopping Cart | The User must add the product they wish to purchase to the shopping cart, following the on-screen instructions. Check stock/availability beforehand. The prices and offers displayed on the website are valid exclusively for online orders. |
| Step 3 | Validate purchase/reservation of activities | By completing the order forms provided for this purpose (User identification data, Billing data, Shipping method, Delivery data, Payment method, and Order) and validating the purchase, the Client expressly acknowledges and accepts these general terms and conditions of contracting as part of the formation of the contract. Except when proven otherwise, the data recorded by KAYAKING COSTA BRAVA shall constitute proof of all transactions carried out between KAYAKING COSTA BRAVA and its clients. KAYAKING COSTA BRAVA will archive the electronic document formalizing the contract, which will be accessible. Validation and acceptance of compliance with the requirements and conditions necessary to carry out the activity are required. Acceptance and validation of the cancellation policy are also mandatory. Once the purchase has been made, and as soon as possible—always within 24 hours from the execution of the purchase—KAYAKING COSTA BRAVA will send the Client a purchase confirmation by email. If the Client disagrees with the information in this confirmation, they may request a modification of the data or cancellation of the contract. |
| Step 4 | Payment | Selection of the payment method and completion of the payment through the corresponding gateway. |
7. Prices, Changes and Cancellations
The prices indicated on the website (in the prices section) include VAT. Changes to the activity booking date can only be made at least 11 days in advance, provided that the new chosen date is available. The cancellation policy section on the website, which the user must accept when making an online reservation, specifies the conditions for cancellations and/or activity annulments.
8. Payment
KAYAKING COSTA BRAVA offers the following payment method through the website (https://pps.ecopaynet.com), which allows:
Credit Card Payment: Visa and MasterCard have developed a secure system for making payments over the Internet. The Secure Electronic Commerce system is based on the card issuer (bank or savings bank) identifying the cardholder before authorizing the online payment.
KAYAKING COSTA BRAVA is subscribed to this security protocol, so once the product is selected and the card number entered, a window from the issuer will open requesting identification, showing one of the following icons:
Your card details and password are protected by this security system from the moment of entry. Once identification is completed, the issuer notifies KAYAKING COSTA BRAVA that the purchase is being made by the cardholder, allowing the process to be completed. If identification fails, the issuer will notify KAYAKING COSTA BRAVA to act accordingly.
This window is beyond KAYAKING COSTA BRAVA‘s control, and any incident with it is the responsibility of your card issuer, with whom you should contact if needed.
KAYAKING COSTA BRAVA reserves the right to reject any credit card transaction. In such cases, we will refund the amount to the original card. If the client wants to proceed with the purchase, we will request a bank transfer.
In case of full or partial non-payment by the client on the agreed due date for one or more product shipments, KAYAKING COSTA BRAVA may suspend or cancel any pending shipment or contract without liability for any damage or loss, including loss of profit or damages caused by delay or loss of production to the client. This right does not release the client from contractual payment obligations.
9. Right of Withdrawal
You have the right to withdraw from the current contract within 14 working days without giving any reason. The withdrawal period expires 14 working days after the day you or a third party indicated by you, other than the carrier, acquired physical possession of the goods.
To exercise the right of withdrawal, you must notify KAYAKING COSTA BRAVA in writing of your decision to cancel the contract, using the form provided on this matter or by letter, fax, or email (info@kayakingcostabrava.com).
To meet the withdrawal deadline, it is enough that your communication exercising this right is sent before the 14 working days expire.
Refunds will be made using the same payment method used in the transaction unless you have expressly agreed otherwise. You will not incur any costs as a result of the refund.
However, note the exceptions to the right of withdrawal according to Article 103 of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws:
The right of withdrawal will not apply to contracts relating to:
a) The provision of services, once the service has been fully performed, and if the contract imposes a payment obligation on the consumer, when execution has begun with the consumer’s prior express consent and acknowledgment that once the entrepreneur has fully executed the contract, the right of withdrawal is lost.
b) The supply of goods or services whose price depends on fluctuations in the financial market beyond the entrepreneur’s control that may occur during the withdrawal period.
c) The supply of goods made according to consumer specifications or clearly personalized.
d) The supply of goods that may deteriorate or expire quickly.
e) The supply of sealed goods not suitable for return for health or hygiene reasons if unsealed after delivery.
f) The supply of goods which, after delivery and due to their nature, have been inseparably mixed with other goods.
g) The supply of alcoholic beverages whose price was agreed at the time of contract and which cannot be delivered before 30 days, and whose value depends on market fluctuations beyond the entrepreneur’s control.
h) Contracts in which the consumer specifically requested the entrepreneur to visit to carry out urgent repairs or maintenance; if additional services or goods are supplied during the visit, the right of withdrawal applies only to these additional services or goods.
i) The supply of sealed audio or video recordings or software if unsealed after delivery.
j) The supply of daily press, periodicals, or magazines, except subscription contracts for such publications.
k) Contracts concluded via public auctions.
l) The supply of accommodation services for purposes other than housing, transport of goods, vehicle rental, catering or leisure activities if contracts specify a date or period of execution.
m) The supply of digital content not provided on a tangible medium once execution has started and, if the contract imposes a payment obligation, when:
- The consumer gave prior consent to start execution during the withdrawal period.
- The consumer acknowledged loss of the right of withdrawal.
- The entrepreneur provided confirmation as per articles 98.7 or 99.2.
Please follow the product return instructions indicated in this document.
10. KAYAKING COSTA BRAVA Conditions
The conditions of each of our services can be viewed in detail on the “Activities” section of our website. There you will find a dropdown list that will lead you to all necessary information (prices, kayak sizes and types, schedules, availability, etc.) for each service and activity: Guided Excursions, Special Excursions, Kayak Rentals, Courses, Educational Programs, Offers, and more.
11. Notifications
All notifications, requests, or communications between the parties related to these General Conditions must be made in writing and will be considered duly made when delivered by hand or sent by regular mail to the other party’s address or email, or any other address or email indicated for this purpose.
12. Nullity and Ineffectiveness of Clauses
If any clause of these General Conditions is declared null or ineffective, totally or partially, such nullity or ineffectiveness will affect only that provision or part thereof, and the rest of the General Conditions will remain valid, treating the affected provision or part as not written.
13. Alternative Dispute Resolution
If you have a dispute with a consumer and want to avoid court, alternative dispute resolution (ADR) can be a good option. It is usually faster, simpler, and cheaper than legal proceedings. It includes mediation, conciliation, arbitration, consumer ombudsman, claims office, etc.
Consumer Department of the Generalitat de Catalunya: users/consumers can also access alternative dispute resolution via the following link:
– http://consum.gencat.cat/ca/el-consum/despres-de-la-compra/reclamacions/
14. Online Dispute Resolution
This platform applies only to disputes between businesses and consumers.
If you have an online purchase dispute with a consumer and want to avoid court, the Online Dispute Resolution platform (ODR) may help find a quick and inexpensive solution. You can use it to file a complaint against a client (e.g., non-payment) or a client can file a complaint against you.
If you run an online business, you must provide a direct link to the ODR platform on your website and clearly display your contact email.
When legally obliged to resort to a specific dispute resolution body, you must:
- Inform consumers through your website about the dispute resolution body and include it in contract terms.
- Inform consumers about the ODR platform in contract terms and email offers.
https://europa.eu/youreurope/promo/odr-banners/index_en.htm
15. Applicable Law
Sales made by KAYAKING COSTA BRAVA are governed by Spanish law.
These General Terms and Conditions are subject, among others, to the following regulations:
– Law 7/1996, January 15, on the Regulation of Retail Trade (“LOCM”).
– Law 7/1998, April 13, on General Contracting Conditions (“LCGC”).
– Law 3/2014, March 27, modifying the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, November 16 (“TRLGDCU”).
– Law 34/2002, July 11, on Information Society Services and Electronic Commerce (“LSSICE”).
– Organic Law 3/2018, December 5, on Personal Data Protection and Guarantee of Digital Rights (“LOPD-GDD”).
– Regulation (EU) 2016/679 of the European Parliament and Council, April 27, 2016, on the protection of natural persons regarding personal data processing and free movement of such data, repealing Directive 95/46/EC.
The parties submit, by mutual agreement and waiving any other jurisdiction, to the courts of KAYAKING COSTA BRAVA’s domicile for dispute resolution.
These General Terms and Conditions are updated as of February 2023.
Legal Notice
1) INFORMATION ABOUT THE OWNER
In compliance with Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following identification details of the Owner are provided:
| Web: | WWW.KAYAKINGCOSTABRAVA.COM |
| Owner: | KAYAKING COSTA BRAVA, S.L. |
| Adress: | CARRER ENRIC SERRA 42. 17130-L’ESCALA |
| VAT number: | ESB55291355 |
| Phone number: | (+34)972773806 |
| Email adress: | INFO@KAYAKINGCOSTABRAVA.COM |
| Legal Register | Registre Mercantil de Girona, Llibre 3143, Foli 122, Fulla GI-62100, Inscripció 2017/314 a 15 de març de 2017 |
2) TERMS AND CONDITIONS OF ACCESS AND USE
The Website
The purpose of these General Terms of Use (hereinafter, “Terms”) is to regulate the access and use of the Website.
KAYAKING COSTA BRAVA, S.L. reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website as well as the Content and Services that may be included in it. The User acknowledges and accepts that at any time KAYAKING COSTA BRAVA, S.L. may interrupt, deactivate and/or cancel any of these elements integrated into the Website or the access to them.
Access to the Website by the User is free and generally does not require any payment, except for the connection cost through the telecommunications network provided by the User’s contracted access provider.
The use of any Content or Services on the Website may require prior subscription or registration by the User.
User
Accessing, browsing, and using the Website (including areas enabled for interaction between Users, and between the User and KAYAKING COSTA BRAVA, S.L., such as comments and/or blogging spaces, if any) grants the status of User. Therefore, the User agrees to use the Website and the services provided through it in accordance with the Law, morality, good customs, and public order, as well as the provisions set forth in these Terms. Consequently, the User is obliged not to use the Website for unlawful purposes or those contrary to the Terms, harmful to the rights and/or interests of third parties, or that could damage the Website or prevent its normal use or that of the services accessible through it.
The use of the Website and/or its Services implies full and unconditional acceptance and validity of each clause included in the latest updated version of this Legal Notice, so the User should be aware of the importance of reading them each time they visit the Website. This does not establish any commercial relationship between KAYAKING COSTA BRAVA, S.L. and the User.
Accessing, browsing, and using the Website grants the User status, and all Terms established herein, including any subsequent modifications, are accepted from the moment the User starts navigating the Website, without prejudice to the application of mandatory legal regulations as appropriate. Due to their importance, Users are advised to read the Terms each time they visit the Website.
Always respecting the current legislation, this Website by KAYAKING COSTA BRAVA, S.L. is aimed at all people, regardless of their age, who may access and/or browse the Website pages.
3) INTELLECTUAL PROPERTY
To protect potential intellectual property rights, if any user or third party considers that their legitimate rights have been violated by the inclusion of certain content on the Website, they must notify KAYAKING COSTA BRAVA, S.L. indicating:
– Personal data of the interested party who holds the allegedly infringed rights. If the claim is made by a third party other than the interested person, they must indicate the representation under which they act.
– Indication of the content protected by intellectual property rights and its location on the Website.
– Proof of the said intellectual property rights.
– An express declaration in which the claimant takes responsibility for the truthfulness of the information provided in the notification.
The KAYAKING COSTA BRAVA, S.L. brand and its corresponding graphic trademark are registered trademarks and their reproduction or use without authorization is prohibited. The same applies to any other brand of KAYAKING COSTA BRAVA, S.L. appearing on the websites detailed in section 1 of this notice.
The legitimacy of intellectual or industrial property rights corresponding to content provided by third parties is the sole responsibility of those parties.
4) LIMITATION OF LIABILITY
KAYAKING COSTA BRAVA, S.L. makes every possible effort to keep the data and information offered on its website updated at all times. However, it does not guarantee nor is responsible for the accuracy and updating of the Website content, reserving the right to modify such content at any time. KAYAKING COSTA BRAVA, S.L. is also not responsible for information that may be obtained through links included on the Website.
Commercial relationships between clients will be governed by the general conditions that KAYAKING COSTA BRAVA, S.L. may establish in a specific document or by any specific agreements made with clients.
5) INFORMATION AND COMMERCIAL ADVERTISING POLICY
KAYAKING COSTA BRAVA, S.L. commits not to engage in misleading advertising. Thus, formal or numerical errors found throughout the different sections of the Website due to incomplete maintenance and/or updating will not be considered misleading advertising. KAYAKING COSTA BRAVA, S.L. commits to correcting such errors as soon as they become aware of them.
KAYAKING COSTA BRAVA, S.L. commits not to send commercial communications without identifying them as such, according to the provisions of Law 34/2002 on Information Society Services and Electronic Commerce. For this reason, communications aimed at maintaining the existing contractual relationship between the client and KAYAKING COSTA BRAVA, S.L., as well as fulfilling information and other service tasks contracted by the client, will not be considered commercial communications.
If you receive communications by these means (emails, automated form responses, or other communication systems), please note that messages are addressed exclusively to the recipient and may contain privileged or confidential information. If you are not the intended recipient, you are notified that unauthorized use, disclosure, and/or copying is prohibited by law.
In accordance with Law 34/2002 of July 11 on Information Society Services and Electronic Commerce and Directive 2002/58/EC, if you do not wish to receive commercial communications via this electronic communication system, please notify us through the same means by indicating “UNSUBSCRIBE COMMUNICATIONS” in the subject so that your personal data is removed from our database. Your request will be processed within 10 days of receipt. If no explicit response is received, it will be understood that you accept and authorize the continuation of such communications.
6) LINK POLICY
Please note that the Website of KAYAKING COSTA BRAVA, S.L. provides or may provide Users with linking means (such as links, banners, buttons), directories, and search engines that allow Users to access websites owned and/or managed by third parties.
The inclusion of these links, directories, and search engines on the Website aims to facilitate Users in searching and accessing information available on the Internet, without being considered a suggestion, recommendation, or invitation to visit them. KAYAKING COSTA BRAVA, S.L. does not offer or market by itself or through third parties the products and/or services available on these linked sites.
Users or third parties who establish a hyperlink from another website to this Website must be aware that:
- The reproduction—whether total or partial—of any Content and/or Services from the Website is not allowed without the express authorization of KAYAKING COSTA BRAVA, S.L.
- No false, inaccurate, or incorrect statements about KAYAKING COSTA BRAVA, S.L.’s Website or its Content and/or Services are permitted.
- Except for the link itself, the website from which the link is established shall not contain any element protected as intellectual property by Spanish law without the express authorization of KAYAKING COSTA BRAVA, S.L.
- The establishment of the link does not imply any relationship between KAYAKING COSTA BRAVA, S.L. and the owner of the linked website, nor endorsement or acceptance of the contents, services, or activities offered there, and vice versa.
7) SOCIAL NETWORKS
Please note that KAYAKING COSTA BRAVA, S.L. may have a presence on social networks. The processing of data from people who follow or interact with official pages through social networks will be governed by this section, as well as by the terms of use, privacy policies, and access regulations of the respective social networks, previously accepted by the user.
8) JURISDICTION AND APPLICABLE LAW
Use of this Website implies full acceptance of the terms of this Legal Notice. This Legal Notice and all relationships established between KAYAKING COSTA BRAVA, S.L. and the User of the Website and its services will be governed by Spanish legislation.
Last update: 02/15/23