These contracting conditions govern the relationship between Off Trail SL. and the users of its website that are provided through the site www.b4experience.com
Off Trail SL is committed to transparency and clarity in commercial transactions carried out on this website, guaranteeing a space that is committed to the rights of users and clients. For this reason, we recommend that before viewing or contracting any of the services made available to you on this website, read these conditions and the terms that apply to the services offered by B4experience.
These terms define the commercial conditions that govern the relationship between users and Off Trail SL and will be binding from the moment any economic transaction is carried out on this website.
By virtue of the provisions of Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSICE), we offer you the following information:
Social denomination: Off Trail SL,
registered office: Carrer Gaudí nº 2, 1-3; 08329 Teià (Barcelona – Spain)
Its social activity is: Training, travel, information and entertainment in the Outdoor world
This website does not knowingly collect personal information from children under the age of 14.
In no case will data related to the professional, economic situation or the privacy of other family members be collected from the minor, without the consent of the legitimate legal guardians.
If you are under fourteen years of age and have accessed this website without notifying your parents, you should not register as a user.
Acceptance And Acceptance Test
As a condition for placing any order, the user must contact www.b4experience.com and provide the corresponding information required for the acquisition of the services available on this website. The ordering information you provide must be accurate, complete and current at all times. Failure to do so constitutes a violation of the terms, which may result in the dissolution of the contract with www.b4experience.com
From the moment of acceptance, the user acquires the status of Client of www.b4experience.com
The validation of the order by the client expressly supposes the knowledge and acceptance of these particular contracting conditions as part of the conclusion of the contract. Unless proven otherwise, the data recorded by www.b4experience.com constitutes proof of the set of transactions carried out between www.b4experience.com and its customers.
Once the purchase has been made and in the shortest possible time, always within 24 hours from the execution of the purchase, B4experience will send you an order confirmation by e-mail. If you do not agree with the information contained in said confirmation, you can request their modification or the cancellation of the contract.
B4experience through its website www.b4experience.com offers the following services related to the Outdoor world:
- Online training courses
- In-person training courses
- Streaming cinema platform
- Outdoor content blog
- Information and additional products
The language of the services offered within www.b4experience.com is explicitly specified in each service.
DISCLAIMER AND ASSUMPTION OF RISK
B4Experience offers online and face-to-face courses and active trips for different sports and Outdoor activities, as well as information related to these activities through our web platform www.b4experience.com and other channels.
The practice of any activity in nature carries a risk for those who do it, considering most of these activities as high-risk sports. Each one must know and apply their limits and be aware that regardless of the technical training and physical level that one has, the practice of them can lead to accidents or even death.
B4Experience offers online courses taught by recognized athletes and instructors so that you can obtain the essential theoretical knowledge to carry out these activities safely. B4Experience is not responsible for the topics taught by each teacher. The training given in these courses does not imply the non-existence of other complementary or analogous techniques that can also be carried out by users or other instructors. The objective of the courses is for the user to obtain a minimum technical knowledge that can be expanded and validated with face-to-face courses and the continuous practice of these activities.
Obtaining this knowledge is an essential minimum to be able to carry out these activities, but it is not enough. It is essential that you validate and extend this training in a face-to-face course taught by a certified and approved guide/instructor in each specialty, either with the B4Experience face-to-face training model or with any other approved instructor before going out alone to practice these activities in the nature.
B4Experience, as a training company, cannot be held responsible for the fact that you have acquired sufficient knowledge or that at some point you stop applying it correctly and safely.
The face-to-face activities and trips offered by B4Experience are carried out on land and activities that may intrinsically imply risks for those who carry them out and this is how clients who contract them are informed.
If you consider that you are not prepared to carry out an activity on your own, we recommend that you hire a guide or instructor who can accompany you to carry out said activity, either with the trips and activities organized by B4Experience or with any other accredited professional.
SPECIFIC CONDITIONS FOR DIGITAL CONTENT
The contents offered in the B4Experience digital products may be in text format, videos and downloadable content, depending on the product.
Prices and taxes
The prices for access to the B4Experience platform are always available through www.b4experience.com in the information sheet of each product.
B4Experience reserves the right to update them on the same web page, so we recommend that you update the page before contracting any service.
In accordance with the provisions of Law 37/1992, of December 28, regulating said tax and the European Directive 2008/8/CE, the operation may be exempt or not subject to it depending on the buyer’s country of residence and the condition in which he acts (entrepreneur/professional or individual). Consequently, in some cases the final price of the order may be altered with respect to that displayed on the website.
The price of the courses and infoproducts sold by www.b4experience.com includes Spanish VAT. However, the final price of your order may vary depending on the VAT rate applied to the order. For orders destined for other countries of the European Union, Spanish VAT will be deducted and the VAT tax rate corresponding to the country of destination will be applied. The final price will appear during the confirmation of your order and will reflect the VAT tax rate corresponding to the country of destination of the products.
The prices of the Services may change at any time at the sole and exclusive discretion of www.b4experience.com. The Services do not provide price protection or refunds in the event of price reductions or promotional offers.
Accepted forms of payment
For the contracting of digital content through the site www.b4experience.com, only payment will be accepted:
- Credit card (stripe)
Hiring process for digital products
The acquisition platform for digital products will be B4Experience. To start the digital product contracting process at www.b4experience.com you must access the sales area and sign up from the sign up button.
You must fill in the information requested in order to purchase the product you have selected.
You will know when the registration has been formalized when you have received an email with the purchase confirmation.
Once the contracting process has been completed and acceptance by www.b4experience.com, the product user keys will be sent automatically, which will be done by email.
As a user, you acknowledge that the identification numbers and passwords assigned to you for access to said courses are personal and non-transferable, and you are solely responsible for the consequences that may arise from their misuse, disclosure or loss.
In case of non-compliance with this prohibition, the client will be solely responsible for the acts carried out by the natural or legal person who uses the user’s identifier in an unauthorized manner.
Once the payment or payments corresponding to the contracted products have been made, B4experience as the person in charge of the domain www.b4experience.com grants the user a limited, non-exclusive, revocable and non-transferable license for online access (via web browser) to the platform and tolos productos adquiridos y disponibles.
Digital content development
Once registered in the digital products area, you will have access to all the material included in each one of them, be they texts, videos, downloadables, software, etc.
B4experience also reserves the right to deny access to contracted digital products to those participants who show behavior that affects the normal functioning of the platform or carry out activities that violate its code of conduct, such as:
- The dissemination, without the appropriate authorization, of the materials provided in the production of digital products.
- The use of the username and personal and non-transferable access password by more than one person at the same time, causing clear fraud to the company.
- Carrying out activities that violate the intellectual property rights of B4Experience.
- Lack of respect for the teacher’s authority.
- Use of the content for a purpose other than that intended.
Rights of the buyer: Returns and withdrawal
Withdrawal is the right of a consumer of a good to return it within a legal term, without having to claim or give any explanation in this regard or suffer a penalty.
As a client, you can have a period of 14 calendar days to withdraw from your purchase from the date of contracting by notifying B4Experience within the stipulated period and by any means permitted by law, your desire to exercise the right of withdrawal.
The withdrawal period for digital content products will be suspended at the time the keys are used to access the digital content.
In digital products, the client may exercise their right of withdrawal within 14 calendar days from contracting the service, except in the event that they have used their access codes to course content. The download of digital content in accordance with the provisions of 103 of Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the defense of Consumers and users and other complementary laws.
This right may be exercised by contacting our Customer Service department: by mail:firstname.lastname@example.org
The client will have a period of 14 days from the signing of this document to withdraw from the contract.
The user may make claims, returns or withdrawals by sending an email to email@example.com indicating their name and surname, the product purchased and stating the reasons for their claim.
All the information and documentation used during the contracting, development and execution of the contractual Conditions that regulate the relations between B4Experience and the Client are confidential. Confidential information shall not be understood as that which is disclosed by agreement between the Parties, that which becomes public for the same reason or that which must be disclosed in accordance with the laws or with a judicial resolution of a competent authority, and that which is obtained by a third party that is not under any obligation of confidentiality. Both parties undertake to comply with the duty of confidentiality and to maintain it for a minimum period of two (2) years after the end of the aforementioned Contractual Conditions that regulate the relations between B4Experience and the Client.
All information received by the client, whether images, texts, access data such as users and passwords, hosting or others, will be treated confidentially, transfer to third parties being totally prohibited unless we have your consent and always for the same purpose for which the data was obtained.
www.b4experience.com will not guarantee that the availability of the service object of this contract will be continuous and uninterrupted, nor will it guarantee the loss of data that is hosted on its servers, interruption of commercial activities or any damage derived from the operation of the services, or from the expectations generated to the Client, as a consequence of:
- Causes beyond the control of www.b4experience.com and fortuitous causes and/or major causes.
- Breakdowns caused by incorrect use by the Client, especially those derived from contracting an inappropriate service for the type of activity and use carried out by the Client and/or by third parties through its website.
- Scheduled shutdowns and/or alterations to the content carried out by mutual agreement between the parties for the maintenance or carrying out of previously agreed exceptional actions.
- Viruses, computer attacks and/or other actions by third parties that cause the total or partial impossibility of the provision of services.
- Incorrect or deficient functioning of the Internet.
- Other unforeseeable circumstances.
In this way, the Client agrees to support these circumstances within reasonable limits, for which reason he expressly waives to claim from B4Experience any contractual or extra-contractual responsibility for possible failures, errors and use of the contracted service.
B4Experience will not be responsible in any case for errors or damages caused by the inefficient and bad faith use of the service by the Client. Nor will B4Experience be responsible for major or minor consequences due to the lack of communication between B4Experience and the Client when it is attributable to the non-functioning of the email provided or false data provided by the Client in their B4Experience user registration.
Causes for dissolution of the contract
The dissolution of the service contract can occur at any time by either party.
You are not bound by conditions of permanence with www.b4experience.com if you are not satisfied with our service.
www.b4experience.com You can terminate or suspend any and all Services contracted with www.b4experience.com immediately, without prior notice or liability, in the event that you do not comply with the conditions set forth herein.
Upon termination of the contract, your right to use the Services will cease immediately.
The following will be causes for dissolution of the contract:
- The falsity, in whole or in part, of the data provided in the contracting process of any service.
- Alter, circumvent, reverse engineer, decompile, disassemble, or alter in any way the security technology provided by www.offtrailacademy.com
- Also cases of abuse of support services due to the requirement of more hours than those established in the contract.
The dissolution implies the loss of your rights to the contracted service.
The legal basis for the processing of your data is compliance with these contracting conditions. The data provided will be kept as long as you do not request the termination of the service. The data will not be transferred to third parties, except in cases where there is a legal obligation.
Anyone has the right to obtain confirmation about whether or not B4Experience treats personal data that concerns you.
Interested persons have the right to:
- Namely, if I am treating your data or not.
- To access your personal data.
- To request the rectification of your data if they are inaccurate.
- To request the deletion of your data if they are no longer necessary for the purposes for which they were collected or if you withdraw the consent granted.
- To request the limitation of the processing of your data, in some cases, in which case I will only keep them in accordance with current regulations.
- To carry your data, which will be provided to you in a structured, commonly used or machine-readable format. It is only valid in certain cases.
- To file a claim with the Spanish Data Protection Agency or competent control authority, if you believe that I have not attended you correctly.
- To revoke consent for any treatment for which you have consented, at any time.
You can exercise your rights of access, rectification, cancellation and opposition by contacting:firstname.lastname@example.org
All information received by the client, whether images, emails, texts, access data such as users and passwords, will be treated confidentially, and transfer to third parties is totally prohibited.
Confidential information shall not be understood as that which is disclosed by agreement between the Parties, that which becomes public for the same reason or that which must be disclosed in accordance with the laws or with a judicial resolution of a competent authority, and that which is obtained by a third party that is not under any obligation of confidentiality. Both parties agree to comply with the duty of confidentiality indefinitely.
Intellectual property and prohibitions
The contents available in each of the courses marketed on this website constitute a work of intellectual property whose rights correspond to the author of the B4Experience training, and are protected by international laws and conventions.
Any form of reproduction, distribution, public communication, transformation, making available and, in general, any other act of public exploitation referring to both the courses and their contents, without the express and prior written consent of the Author, is prohibited.
It is prohibited any act by virtue of which the Users of the services or contents can exploit or use commercially, directly or indirectly, in whole or in part, any of the contents, images, forms, indexes and other formal expressions that are part of formations without prior written permission of the Author.
Specifically, but not exclusively, acts of reproduction, distribution, exhibition, transmission, retransmission, broadcast in any form, storage on physical or logical media, digitization or making available from databases other than those belonging to the authorized by the Author, as well as their translation, adaptation, arrangement or any other transformation of said formations, images, forms, indexes and other formal expressions that are made available to Users through the courses or contents, as such acts are subject to the applicable legislation on intellectual, industrial or image protection property.
European Consumer Regulations
The European Commission has created the first European platform for the resolution of conflicts in “online” commerce protected by the latest consumer law. In this sense, as managers of an online sales platform, we have the duty to inform our users about the existence of an online platform for alternative dispute resolution.
To use the conflict resolution platform, the user must use the following link: http://ec.europa.eu/odr
Jurisdiction and Applicable Laws
B4Experience and THE USER, will be governed to resolve any dispute that may arise from the access, or use of this Web page, by Spanish legislation, and submit to the Courts and Tribunals of the city of Barcelona.
SPECIFIC CONDITIONS FOR TRAVEL AND ON-SITE ACTIVITIES
In Barcelona, a _______ of _____
On the one hand, XXXXXXX provided with DNI XXXXXXXXX, email email@example.com hereinafter CLIENT, who acts on his own behalf and also on behalf of all members of the same travel group, with personal and contact information that will be disclosed later. .
And on the other hand, the commercial entity OFF TRAIL S.L. with C.I.F.: B05408703 with registered office at Calle Gaudí no. 2 (1-3), 08329 Teià (Barcelona), which operates commercially under the registered trademark B4EXPERIENCE, hereinafter AGENCY, which acts in its own name and as organizer of the trip that is the object of this contract, with the identifying data that will be stated later.
They mutually recognize their full capacity to sign this PACKAGE TRAVEL AGREEMENT and for this purpose, formalize the following
PURPOSE OF THE PACKAGE TRAVEL.
I. Duration of the trip
Start date and place: ________ in ___________ (anticipated arrival __________)
Date and place of completion: __________ in __________ (expected departure _________)
II. Trip identification
The purpose of this contract is a combined trip called “_____________” which is attached as Annex 1
IDENTIFYING DATA OF THE PARTIES.
Organizing travel agency:
Off Trail S.L. brand B4EXPERIENCE
Address Calle Gaudí no. 2 (1-3), 08329 Teia (Barcelona – Spain).
CIF: B05408703 Telephone: +34 613037700 MOBILE: +34 623229712 Email: firstname.lastname@example.org Contact person: Xavier Esgleas.
Relationship of other travelers:
Postal address: C/ _______________ Zip: ______, __________
Mobile phone: ___________
Contracting user email address: ____________
The client expressly accepts that the Agency send notifications, for the sole purpose of executing the combined trip contracted, indistinctly to any of the postal, electronic or telephone addresses (via WhatsApp or message) indicated in this section, all of them being valid forms of communication with himself.
CHARACTERISTICS OF THE COMBINED TOUR. TRIP DESCRIPTION. – _______________.
included in the price: __________€
– Air transport: ACCORDING TO THE FINAL PROGRAM SENT (Annex 1)
– Accommodation: ACCORDING TO THE FINAL PROGRAM SENT (Annex 1)
-Diet: ACCORDING TO THE FINAL PROGRAM SENT (Annex 1)
– Internal transfers: ACCORDING TO THE FINAL PROGRAM SENT (Annex 1)
– Visits/Excursions: ACCORDING TO THE FINAL PROGRAM SENT (Annex 1)
– Minimum number of people required for the trip: ___ people
III. Travel cost
ACCORDING to Final program per person, taxes included. This price is partially paid in this act; THE FINAL PAYMENT DATE WILL BE STATED IN SAID EMAIL. Payment by credit card / transfer, and the signature of the AGENCY of this contract serves as a letter of payment.
Special payment conditions:
Upon acceptance of this contract, the client will send a first payment of 30% (________€) to the account:
Headline: Off Trail S.L.
The rest of the trip must be fully paid at least 30 days before departure. To the same checking account.
IV. Special customer requests (if any).
(Disabled, minors, critically ill)
The user informs the Agency that none of the travelers have special health, medication or chronic disease requirements, except ……………………… ……… The user assumes the obligation to bring the corresponding medicines or adequate treatments prescribed by the health authorities, and the latest medical report in his possession. There is no guarantee that such medicines or treatments are available in the countries and destinations to visit, nor that the health authorities of said destinations want or can prescribe them.
V. Special economic contracting conditions. Modification of the contract price.
If there are, for example, fuel increases or others. In any case:
The agreed price may be increased up to 8% in the cases provided for in the Law, article 158-1, that is:
a) Increase in the price of passenger transport derived from the cost of fuel or other energy sources.
b) Increase in the taxes levied on the contract or its services, or the rates on the services included in the contract, demanded by third parties and by the corresponding Authorities or States, including environmental or other tourist rates, taxes and surcharges , landing, boarding, disembarking at posts and airports
c) Variation in the exchange rates of the currency applicable to the combined trip.
If the price variation, for the reasons indicated, exceeds 8%, the user may withdraw from the contract under the terms indicated in article 159 of the Law. The user, once the notification of price variation has been received, may withdraw from the contract within the following 5 days, without any penalty, without the right to compensation, but with the right to have all the amounts paid in the 14 days refunded. following by the same means of payment by which I pay for the services.
The price modification will operate downward in the same cases established for the upward variation.
VI. Breach of contract on site. Lack of conformity (Article 161-2 of the Law)
The CLIENT is obliged to communicate to the AGENCY, in writing (EMAIL / WHATSAPP 24hrs) or by any other means that guarantees consistency, and as soon as possible, any irregularity or breach in the execution of the contract that in his opinion has occurred ” in situ” to enable the Agency to adopt the appropriate measures for its correction.
VII. Release Agreement
The activities provided for in this program entail risks and dangers intrinsic to them that cannot always be predictable. The AGENCY will not be able to manage certain risks intrinsic to the activity due to meteorological or snow phenomena (seracs, cracks, cornices, avalanches…), malfunctioning of parts of the equipment or others related to any type of trip or activity in nature. The CLIENT has been informed of them and assumes them together with the rest of the team provided by the AGENCY.
At the beginning of the first face-to-face activity, a safety briefing will be held to try to reduce all these risks as much as possible, and so that the CLIENT understands and assumes the intrinsic risks that cannot be controlled.
To guarantee the quick and efficient management of any rescue and/or hospitalization expenses during the activities described in this TRIP. The CLIENT undertakes to present to the AGENCY before the start of the TRIP a Personal Travel Insurance and Altitude Insurance (Accident, Medical Evacuation and Emergency Rescue), it is essential to have one.
VIII. Additional Information
The CLIENT is informed in this act of the conflictive social and political situation and insecurity that exists in the country of destination and of the official electronic address www.mae.es where official recommendations and additional information from the Ministry of Foreign Affairs can be found. of the Spanish Government. The client undertakes to consult said web page and accepts the risk that these situations entail, and exempts the AGENCY from responsibility for the negative consequences that may arise from these circumstances.
The client is informed regarding the visas and required documentation, as well as in relation to the health requirements (certifications and vaccinations against diseases) for legal entry into the country.
The client is obliged to obtain the passes, visas, passports, identity documents, family book and other legal, administrative or health documentation necessary to access the contracted destinations, without the Agency being responsible for their non-processing, request or not. obtaining.
The Agency – and this is recognized by the client – has informed the user of all these requirements and the terms of obtaining them. Thus: for the _____ visa application and obtaining period of approximately _____ days; Vaccines VALIDATE BEFORE DEPARTURE. All the information on the countries of destination is available on the website of the Ministry of Foreign Affairs and the Ministry of Health.
IX. Resolution, cancellation and right of withdrawal before the start of the trip (Article 160-1 of the Law)
The end user may withdraw from the contracted trip, having the right to a refund of the amounts paid, except for the indicated penalties, but must also satisfy the Agency in the amounts indicated below once the trip has been confirmed, in If it is not carried out due to not reaching the minimum necessary places, the client can save the credit for future trips or request a full refund of the reservation.
You will pay:
1.- The MINIMUM reservation management expenses per person, according to the attached table.
2.- If applicable, the cancellation costs of reservations already issued. If there are other non-refundable expenses already issued, these will not be paid either and will be deducted from the amount to be paid.
3.- The cost of cancellation of issued flights is 100% of the amount.
4.- For terms shorter than those described in the cancellation policy, the amount already paid will not be paid.
ACCORDING TO THE PROGRAM
|Pol. Cancellation 1||FULL REFUND 24 HOURS AFTER PURCHASE|
|Up to 7 days before the activity||100% refund of the amount paid||*€30 management fees apply|
|Up to 5 days before the activity||Refund of 50% of the amount paid|
|Pol. Cancellation 2||FULL REFUND 24 HOURS AFTER PURCHASE|
|Up to 30 days before the activity||100% refund of the amount paid||*€150 management fees apply|
|Up to 20 days before the activity||Refund of 50% of the amount paid|
|Pol. Cancellation 3||FULL REFUND 24 HOURS AFTER PURCHASE|
|Up to 60 days before the activity||100% refund of the amount paid||*€250 management fees apply|
|Up to 45 days before the activity||Refund of 50% of the amount paid|
|Pol. Cancellation 4||FULL REFUND 24 HOURS AFTER PURCHASE|
|Up to 90 days before the activity||100% refund of the amount paid||*€250 management fees apply|
|Up to 60 days before the activity||Refund of 50% of the amount paid|
|Pol. Cancellation 5||FULL REFUND 24 HOURS AFTER PURCHASE|
|Up to 120 days before the activity||100% refund of the amount paid||*€250 management fees apply|
|Up to 90 days before the activity||Refund of 50% of the amount paid|
X. Possibility of contacting the organizer and obligation to provide assistance. Data of the Guarantor Company that covers the contractual liability guarantee and the guarantee against insolvency (Article 164 and 165 of the Law)
The traveler may send messages, queries, requests or complaints in relation to the execution of the combined trip directly to the retailer through the following communication channels:
Telephone: +34 613037700 MOBILE: +34 623229712 (whatsapp) The retailer will process these messages to the Organizer without delay.
The user is informed that the GUARANTEE COMPANY that covers the risks of contractual liability and guarantee against insolvency is MARKEL INSURANCE SE, branch in Spain, CIF W27648981, Plaza Pablo Ruiz Picasso, nº 1 Floor 35, Edificio Torre Picasso, 28020 Madrid , Claims Department. email@example.com . Telephone: 91 556 19 78 Fax: 91 556 27 74, Email:firstname.lastname@example.org
Surety Policy Markel 022S00280CAV
XI. Alternative travel specialties.
The CLIENT is informed in this act of the peculiar characteristics of the alternative trip that he acquires, especially the weather circumstances of the country of destination. The client expressly accepts the modifications that may occur on site due to weather circumstances, security, orders from local authorities, unforeseen impositions of providers in the area or for reasons of limited local infrastructure. Any other alteration of the route will have to be unanimously approved by the group and expressly consented to by the AGENCY, which will notify the members of the group of the extra cost, if any, that such modification entails. In no case will modifications be accepted if there is a member of the group who does not accept it, nor when the modification may entail extra material or personal risk to the members of the group.
XII. Personal statement.
The CLIENT declares that neither he nor the rest of the people that make up the group on behalf of which he signs this contract suffers from any chronic or infectious disease, or mental or physical handicap that prevents the normal monitoring of the development of the trip or that requires special conditions of transportation, assistance or personal mobility. In the same way, THE CLIENT declares that none of the members of the group on behalf of those who formalize this contract require special food conditions. All the members of the group will ratify this statement when they are required to do so by the AGENCY.
XIII. Regulation of the contractual relationship
This contract is governed, in addition to legal regulations (Royal Decree Law 23/2018, of December 21, B.O.E. December 27, 2018), by the clauses included in this document, and in ANNEX I “DOCU FINAL” detailing its final content, signed by both parties and forming an integral part of this contract.
The Agency reserves the right to modify the clauses of the contract – without prejudice to the corresponding compensations according to article 159 of the Law – before the start of the trip, with the exception of the price, in cases other than those provided for in this contract. The Agency may modify the clauses of the contract when they are insignificant, inconsequential and irrelevant in terms of the purpose of the combined trip, without being obliged to pay any compensation.
XIV. Assignment of the Combined Trip (Article 157 of the Law).
The user may assign the combined travel contract provided that the assignee meets the personal, health, passport, absence of prohibitions to leave the country or entry into destination, and legal conditions necessary for their enjoyment. The assignment must be communicated to the Agency at least 7 days prior to the departure of the combined trip. Assignor and assignee of the combined travel contract are jointly and severally liable to the Agency for the payment of the agreed price. If the assignment entails additional costs, the Agency will inform the user of the justified amount and the user and the assignee will be obliged to pay them. These additional costs will have for all purposes the same legal consideration as the price of the combined trip.
XV. Contractual responsibilities of the Combined Trip.
In accordance with article 152 of the Law, the Agency will be responsible for errors attributable to it due to technical defects in the reservation of the services that make up the combined trip, unless they are attributable to the user himself or to unavoidable or unforeseeable circumstances.
The organizer and the Retailer are responsible for the correct execution of the combined trip and all the services that comprise it, in accordance with article 161 of the Law and are obliged to provide assistance if the traveler is in difficulty, in accordance with Article 163-2 of the Law for the Defense of Consumers and Users.
In accordance with article 162 of the same, the traveler will be entitled to an adequate price reduction for the lack of conformity of the package trip, except in cases in which it is attributable to the traveler himself. In the same way, you will have the right to receive adequate compensation for any damage or loss suffered as a result of any lack of conformity, without undue delay, but you will not have the right to said compensation in the following cases, contemplated in the Law:
– That the lack of conformity is attributable to the traveler himself.
– That the lack of conformity is attributable to a third party unrelated to the provision of the contracted services and unpredictable or unavoidable and
– That the lack of conformity is due to unavoidable and extraordinary circumstances.
In the case of physical or bodily damages, or material damages caused by negligence, recklessness or fraud, the compensation will in no case exceed an amount equivalent to three times the price of the combined trip (Article 162-4 of Law 9).
XVI.- Data protection.
At our AGENCY we process the information you provide us with in order to bill the requested services and comply with the corresponding legal obligations.
The basis for the treatment is the legitimate interest of our AGENCY. We inform you that your information will be transferred to treatment managers for the accounting, fiscal or administrative management of the company or due to legal obligations. You have the right to obtain confirmation as to whether the AGENCY is treating your personal data, as well as to exercise your rights as an interested party to cancel, rectify, disconnect and others recognized by the Organic Law on Data Protection and development regulations. You can obtain more information by contacting the data controller:
OFF TRAIL, S.L. – CIF: B05408703- Phone: 613037700. email: email@example.com
PRIVACY AND DATA PROTECTION POLICY:
For the purposes of the provisions of the General Data Protection Regulation 2016/679, issued by the EUROPEAN PARLIAMENT on April 27, 2016, informs the User of the existence of automated processing of their personal data, whose main purpose is the to provide services in the field of tourism and Travel Agencies and request and collect information in order to develop content, programming, services and in the Tourism Sector and Travel Agencies and their offer to the user, being the data of the first layer of information the following:
Responsible FOR THE FILES:
- Email: firstname.lastname@example.org
- Phone: +34 613037700
The exclusive purpose of processing your data is:
- The management, provision and execution of the contracted services or in relation to which information of any kind is requested.
- Dissemination of services, including those provided by third parties, of interest to the user, provided they are related to the Tourism Sector and Travel Agencies.
- Processing for the dissemination of news, initiatives, and information of interest in the Tourism Sector in general and about the services offered, scheduled, and organized by the AGENCY.
Legitimation of THE AGENCY:
- The AGENCY has a legitimate Interest to the extent that the user’s data is necessary for the proper fulfillment of the contractual and informational relationships that are maintained with the same.
- User consent: for the processing of data related to the sending of communications, documentation and information about contracted services, dissemination of services of interest, information, surveys on quality control, degree of satisfaction and suggestions about contracted services and others of your interest related to Tourism, Travel, Destinations, Leisure and Culture.
- Need to maintain and execute contractual relationships: management of our administrative, accounting, reservation, administrative processes, quality and satisfaction surveys, conducting market studies of the Sector and its needs.
Recipients of the information:
- Authorities, public bodies, Competition Defense, SEPBLAC or other bodies of the state, regional, local and institutional Administration, competent in management, control, registration and inspection in the Tourism Sector.
- Tourist service providers, and among them, carriers, hotel establishments, catering establishments.
- Other entities that, as a consequence of the provision of a service by the AGENCY to the user, find it necessary, in order to carry out their functions and contractual commitments with the user, to access their personal data.
The data may be used to carry out international transfers if necessary based on the commercial and contractual relationships maintained with the user.
The use of the data is consequently circumscribed to the fulfillment of the obligations and rights assumed by the AGENCY and the User by virtue of their commercial relations.
Rights of the data owner.
In any case, the user has the inalienable rights to access, rectify and delete the data, as well as exercise the right of portability and oblivion, respectively, in the cases provided by law.
The User can consult the additional and detailed information on Data Protection on the Website of the Data Protection Agency.
SENDING AND REGISTRATION OF PERSONAL DATA
The sending of personal data is mandatory to contact and receive information about the services provided by the AGENCY and the fulfillment of its purposes and contractual obligations with the User. Likewise, not providing the personal data requested or not accepting this data protection policy implies the impossibility of fulfilling and executing the commitments
contracts existing between the User and the Agency, as well as the impossibility of receiving information about the services, in a personalized way.
ACCURACY AND VERACITY OF THE DATA PROVIDED
The User who sends the information to the AGENCY is solely responsible for the veracity and correctness of the data included, exonerating the AGENCY from any responsibility in this regard. THE AGENCY is not responsible in any case for the certainty, accuracy and reality of the data provided by the User. The user is solely responsible for damages arising from the provision of inaccurate or insufficient personal data.
Users guarantee and are responsible, in any case, for the accuracy, timeliness, validity and authenticity of the personal data provided, and undertake to keep them duly updated and communicate them to the AGENCY. The user agrees to provide complete and correct information in the forms and documents provided by the AGENCY for proper compliance with the contractual relationships between them and the submission of information.
The AGENCY is not responsible for the veracity of the information that is not of its own elaboration and for which another source is indicated, for which reason it does not assume any responsibility regarding hypothetical damages that could be caused by the use of said information because it is not its own. , neither prepared nor authored by the AGENCY.
THE AGENCY is exonerated from responsibility for any damage or harm that the User may suffer as a result of errors, defects or omissions, in the information provided, provided that it comes from sources unrelated to THE AGENCY.
TRANSFER OF DATA TO THIRD PARTIES
Does not apply
EXERCISE OF RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OPPOSITION
XVII. VOLUNTARY ASSISTANCE INSURANCE. – The client is informed that the AGENCY will issue the trip without including a cancellation, repatriation or accident policy, unless it is explicitly included in ANNEX 1. In case you want a quote for them, it will be valued based on the trip.
XVIII. Complementary documentation that is delivered to the user. – Program of the combined trip email DOCU FINAL, Certificate of the Markel Guarantor Society
Prior to the formalization of the contract, the user received on a durable medium the pre-contractual information referred to in article 153 of the Law and the standard information of Annexes II of Royal Decree Law 23/2018, of December 21.
The CLIENT expressly declares that he has read all of these clauses, that he has understood them and accepts them, signing this contract in triplicate, and keeping one of the copies in his possession.
In proof of conformity, sign and accept this contract electronically
THE CLIENT OFF TRAIL S.L.
These terms have been updated for the last time on December 10, 2022.
Legal Base of B4Experience Sweepstakes
Purpose, Dates and Scope
B4Experience, through its Instagram account ( https://www.instagram.com/b4experience_/ ), through its website (www.b4experience.com), through a Landing Page or through other channels shared with other companies, it will carry out raffles, specifying in The same is the name of the draw in which all interested users of legal age can participate.
B4Experience gives you the prizes specified in each draw. These prizes can be physical products, digital products or in-person activities/trips.
Mechanics and participation requirements.
Participants will have to fill out the information and carry out the actions specified in the draw itself:
– Regardless of the communication channel:
– Be of legal age
– Digital product giveaways are open to residents of any country.
– Raffles for physical products are limited in the Spanish state
– The draws for activities and trips are open to residents of any country, but they do not include transportation to the place where they are held in any case.
– In draws through Web and Landing Pages:
– Give the contact email
– Provide additional personal information (name, address, preferences…) if requested
– Accept to be part of the B4Experience database
– Accept to subscribe to the Newsletter
– In giveaways through Instagram and other social networks:
– Start following the social network where the B4Experience raffle is held
– Like the post
– Comment on the post tagging 2 accounts (if specified in the same giveaway)
The prizes specified in the draw will be drawn among all contest participants. The winners will be published on the contest page and on the official B4Experience Instagram account ( https://www.instagram.com/b4experience_/ ). The winners are
will send a direct message via Instagram or email based on the information you have provided us to enjoy the Draw Prize.
Place and duration of the promotion
This draw will be valid internationally or only in Spain depending on what is specified in the first section of Mechanics and Participation requirements. The start and end dates of the contest will be specified visibly in it. In all cases these will be from 0:00 hours on the start day to 24:00 hours on the end day if not otherwise specified in the draw itself. The publication date of the winner(s) will always be the day after the contest ends at 7:00 p.m. if no other date or time is specified in the Draw itself.
The prize will consist of the product or service specified in the Sweepstakes promotion itself. B4Experience, organizer of this contest, will contact the winners by message
direct, starting the day after the date of publication of the winners to inform them that they have obtained the prize and give them instructions on how to redeem it.
Within three days from the day following communication from B4Experience, each of the winners will have to respond to B4Experience, confirming their prize. In the event that any of the winners does not respond within the period indicated to accept the prize, if they do not comply with all or any of the rules of this Contest, or do not want or will not be able to enjoy the prize, the winner will be excluded.
The prize will not be exchangeable for its amount in money or for any other prize.
Personal data protection
Participants authorize their personal data provided to be incorporated into a file for which B4Experience is responsible, which will use them to manage this promotional Contest, to contact the winners and give them the prize and to send them subsequent communications from B4Experience. These data will be treated confidentially and in accordance with the provisions of Regulation EU 2016/679, of the European Parliament and of the Council of April 27, 2016. (RGPD) and Organic Law 3/2018, of December 5, of Protection of Personal Data and guarantee of digital rights, protection of personal data and its implementing regulations.
Participants guarantee and are responsible for the veracity, accuracy, validity and authenticity of their personal information. The owner of the data may exercise his or her rights of access, rectification and cancellation by requesting it by email to the following address: email@example.com, indicating in the message “Data Protection Ref.”
Control and safety standards.
B4Experience reserves the right to adopt all appropriate measures to prevent any conduct that B4Experience suspects may have as its purpose or effect any attempt to act in fraud of this promotion or in breach of its rules or to the detriment of other participants, the first and immediate consequence of which will be the exclusion of the participant and the loss of all rights to the prize that they may have eventually obtained.
It is prohibited to create or have more than one Instagram profile or email account per user. B4Experience reserves the right to invalidate, expel, eliminate or not take into account in the calculation those profiles that it considers suspicious of any attempt at fraudulent participation, including, but not limited to, the attempt to register more than one profile. of Instagram username by a person, the creation of false profiles or identity theft. Likewise, B4Experience reserves the right to bring any suspicion in this regard to the knowledge of the company responsible for the Instagram platform, so that it can adopt the appropriate measures.
Likewise, B4Experience reserves the right to take any legal action that may apply. B4Experience reserves the right to download and exclude from the contest/draw any response sent by users when it deems appropriate.
B4Experience reserves the right to exclude entries that contain pornographic or explicitly sexual elements.
Limitation of liability.
– B4Experience is not responsible for interruptions or errors on the Internet, on the contest page, the cable network, electronic communications networks, software or hardware errors or for possible errors in the introduction and/or processing of responses, deliveries or personal data. In the event of problems or incidents of this type, B4Experience will do everything in its power to correct them as soon as possible, but cannot assume any responsibility in this regard.
– B4Experience excludes any liability for damages of any kind that, despite the security measures adopted, could be due to the improper use of the services and content by users, and, in particular, although not exclusively, for damages that may be due to the impersonation of a third party carried out by a user.
Other rules of the promotion.
– The simple participation in this contest implies the acceptance of these Rules in their entirety and the interpretative criteria of B4Experience, regarding the resolution of any issue arising from this contest, by which the manifestation is made, in the sense of non-acceptance of The same will imply the exclusion of the participant and, as a consequence of this, B4Experience will be released from compliance with any obligation contracted with him.
– B4Experience reserves the right to make changes to the mechanics or operation of this Promotion at any time and/or end it early if necessary for just cause, without any liability arising from it. However, these changes will be duly communicated through the contest page and, where appropriate, other means.
B4Experience will do everything possible to prevent any change from harming some participants compared to others.
– By participating in this promotion you acknowledge and accept that the intellectual property rights over the materials in this promotion correspond to B4Experience. The unauthorized reproduction, distribution or transformation of any advertising or promotional materials constitutes an infringement of the intellectual property rights of the owner.
– They will not be able to participate in this promotion:
- a) Shareholders, directors and employees of B4Experience,
- b) People who are spouses, children, parents and other people who live at the expense of the people indicated in the previous letter.
- c) Any person who, in any capacity, has participated in the preparation of this promotion
Interpretation of the bases and resolution of conflicts
The interpretation and non-compliance with these rules are governed by Spanish Legislation. Any controversy that will result from the interpretation or compliance with these rules will be submitted to the Courts and Tribunals of the city of Girona.