Terms and Conditions
(Last updated: September 29, 2025 at 12:26)
GENERAL TERMS AND CONDITIONS OF SERVICE
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Privacy Policy
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Cookie Policy
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Legal Notice
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Terms and Conditions of Service
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Refund Policy
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Right of Admission
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Modification of Terms and Conditions
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Hiking Activity
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Package Travel Activity
- Complaint Forms
- Car sharing
Protection of personal data according to the GDPR
STABEKK SPAIN S.L, in application of current regulations on the protection of personal data, informs that the personal data collected through the forms on the website: www.thehikers.es, are included in the specific automated files of users of STABEKK SPAIN S.L's services.
The collection and automated processing of personal data is intended to maintain the commercial relationship and perform tasks of information, training, advice and other activities typical of STABEKK SPAIN S.L.
This data will only be transferred to those entities that are necessary with the sole purpose of fulfilling the aforementioned purpose.
STABEKK SPAIN S.L adopts the necessary measures to guarantee the security, integrity and confidentiality of the data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing the old LOPD, the new Organic Law 3/2018, of December 5, on Data Protection and Guarantee of Digital Rights (LOPDGDD).
The user may at any time exercise the rights of access, opposition, rectification, cancellation, limitation and portability recognized in the aforementioned Regulation (EU). The user can exercise these rights by sending an email to: hola@thehikers.es or at the address: Carrer Francesc Tàrrega, 39, C.P. 08027 - Barcelona (Barcelona).
The user states that all data provided by them is true and correct, and undertakes to keep them updated, communicating any changes to STABEKK SPAIN S.L.
Purpose of personal data processing:
At STABEKK SPAIN S.L, we will process your personal data collected through the website www.thehikers.es, for the following purposes:
● To provide its services in accordance with the particular needs of the clients, in order to fulfill the contracts signed by the company.
We remind you that you can object to the sending of commercial communications by any means and at any time, by sending an email to the address indicated above.
The fields in these records are mandatory, making it impossible to carry out the stated purposes if these data are not provided.
How long collected personal data is retained
The personal data provided will be kept as long as the commercial relationship is maintained or you do not request its deletion and for the period during which legal responsibilities may arise from the services provided.
The processing of your data is carried out with the following legal bases that legitimize it:
● The request for information and/or the contracting of STABEKK SPAIN S.L's services, whose terms and conditions will be made available to you in any case, prior to any eventual contracting.
● Free, specific, informed and unequivocal consent, inasmuch as we inform you by making this privacy policy available to you, which after reading it, if you agree, you can accept through a statement or a clear affirmative action, such as ticking a box provided for this purpose.
In the event that you do not provide us with your data or do so incorrectly or incompletely, we will not be able to attend to your request, making it entirely impossible to provide you with the requested information or to carry out the contracting of the services.
The data will not be communicated to any third party outside STABEKK SPAIN S.L, except for legal obligation.
As data processors, we have hired the following service providers, who have committed to complying with regulatory provisions applicable to data protection at the time of their hiring:
● Shopify International Limited, with CIF/NIF number: IE 3347697KH, provides services for: Website
● Google Cloud EMEA Limited, with CIF/NIF number: IE3668997OH, provides services for: Corporate email account
Data collected by service users
In cases where the user includes files with personal data on shared hosting servers, STABEKK SPAIN S.L is not responsible for the user's non-compliance with the GDPR.
Protection of hosted information
STABEKK SPAIN S.L performs backup copies of the content hosted on its servers, however, it is not responsible for the loss or accidental deletion of data by users. Likewise, it does not guarantee the full replacement of data deleted by users, as the aforementioned data may have been suppressed and/or modified during the period of time elapsed since the last backup.
The services offered, except for specific backup services, do not include the replacement of content stored in backup copies made by STABEKK SPAIN S.L, when this loss is attributable to the user; in this case, a fee will be determined according to the complexity and volume of the recovery, always subject to prior acceptance by the user.
The replacement of deleted data is only included in the service price when the loss of content is due to causes attributable to STABEKK SPAIN S.L.
In application of the LSSI, STABEKK SPAIN S.L will not send advertising or promotional communications by email or other equivalent electronic communication means that have not been previously requested or expressly authorized by the recipients thereof.
In the case of users with whom there is a prior contractual relationship, STABEKK SPAIN S.L is authorized to send commercial communications regarding products or services of STABEKK SPAIN S.L that are similar to those that were initially the subject of the contract with the client.
In any case, the user, after proving their identity, may request that no more commercial information be sent to them through the Customer Service channels.
Consent for publication of images on social networks and websites
It is possible that within the communications, publications, and commercial actions that STABEKK SPAIN S.L may carry out, personal data and/or images provided to our company within the existing commercial relationship may appear.
Given that the right to one's own image is recognized in Article 18 of the Constitution and regulated by Law 1/1982, of May 5, on the right to honor, personal and family privacy, and one's own image, and the General Data Protection Regulation regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR), STABEKK SPAIN S.L, requests the consent of clients to be able to publish images in which they appear individually or in groups that may be taken for commercial purposes with clients, in the different sequences and activities carried out in activities contracted with our company.
As a client, I authorize STABEKK SPAIN S.L to use images taken during services contracted with your company and published on:
● The company's website and social media profiles.
● Filming intended for commercial dissemination.
● Photographs for magazines and/or publications related to the sector.
REV: 20.3009
2. COOKIE POLICY
We use Hotjar to better understand our users' needs and to optimize this service and their experience. Hotjar is a technology service that helps us better understand our users' experience (e.g. how much time they spend on which pages, which links they choose to click, what users do or don't like, etc.) and this enables us to build and maintain our service with user feedback.
Hotjar uses cookies and other technologies to collect data on our users' behavior and their devices. This includes a device's IP address (processed during your session and stored in an anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.
For further details, please see the 'About Hotjar' section of Hotjar's support site.
Information and terminology
Cookies are small files that web pages, online stores, intranets, online platforms or similar, store in the browser of the user who visits them and are necessary to provide web navigation with countless advantages in the provision of interactive services.
The following information on possible types of cookies helps to better understand the functions they make possible:
● Session cookies: These are temporary cookies that remain in your computer's cookie space until you close the browser, so none are recorded on the user's disk. The information obtained through these cookies serves to enable operational management with one of the users who is simultaneously accessing the web.
● Persistent cookies: These are cookies that remain stored in your computer's cookie space once the browser is closed, and that the website will consult again the next time you access it to remember information that facilitates navigation (accessing the service directly without needing to go through the login process) or the provision of a commercial service (offering products or services related to previous visits).
The cookies exchanged when browsing a website can be:
● Origin or own cookies: These are cookies generated by the website itself that is being visited.
● Third-party cookies: These are cookies received when browsing that website, but which have been generated by a third-party service hosted on it. An example could be the cookie used by an advertisement or advertising banner found on the website we visit. Another could be the cookie used by a visitor counter contracted by the website we visit.
Cookies can be used for:
● Technical purposes: These are also known as "strictly necessary". They allow the user to navigate through a website, platform or application and use the different options or services that exist in it, such as controlling traffic and data communication, identifying the session, accessing restricted access parts, remembering the elements that make up an order, carrying out the purchase process of an order, making the request for registration or participation in an event, using security elements during navigation, storing content for the dissemination of videos or sound or sharing content through social networks.
● Personalization: They make it possible for each user to configure aspects such as the language in which they want to view the website, display formats, etc.
● Analysis or performance: They allow measuring the number of visits and navigation criteria of different areas of the website, application or platform and allow us to create navigation profiles of the users of said sites, applications and platforms, in order to introduce improvements based on the analysis of the usage data collected by the service users.
● Advertising: They allow implementing efficiency parameters in the advertising offered on websites.
● Behavioral advertising: They allow implementing efficiency parameters in the advertising offered on websites, based on information about user behavior obtained through continuous observation of their browsing habits, which allows developing a specific profile to display advertising based on it.
Third-party services
Additionally, STABEKK SPAIN, SL is present on third-party portals and services for which, if you wish to know the privacy conditions and use of cookies, you must consult the policies provided by them:
Facebook: https://es-es.facebook.com/help/cookies
Instagram: https://www.facebook.com/policies/cookies/
Acceptance of the cookie policy
STABEKK SPAIN, SL displays information about its Cookie Policy at the bottom of any page of the Website with each login in order for you to be aware.
Given this information, the following actions are possible:
a) Accept cookies: This notice will not be displayed again when accessing any page of the portal during the current session.
b) Modify settings: You can obtain more information about what cookies are, read HIKERS SPAIN's Cookie Policy, and modify your browser settings to restrict or block HIKERS SPAIN's cookies at any time. Restricting or blocking cookies may reduce the functionality of the Website.
Continue browsing or scrolling: In which case we consider that you accept their use.
How to modify cookie settings
You can restrict, block, or delete cookies from HIKERS SPAIN or any other website using your browser. The procedure is different for each browser; the "Help" function will show you how to do it:
● Internet Explorer: https://support.microsoft.com/es-es/help/17442/windows-internet-explorer-delete-manage-cookies#ie=
● FireFox: https://support.mozilla.org/es/kb/Borrar%20cookies
● Chrome: support.google.com/chrome/answer/95647?hl=”es”
● Safari: www.apple.com/es/privacy/use-of-cookies/
● Comet: /www.perplexity.ai/es-es/hub/legal/comet-privacy-notice
Furthermore, you can also manage cookie storage in your browser through tools such as the following:
Ghostery: www.ghostery.com/ or Your online choices: www.youronlinechoices.com/es/
In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), the owner of the website informs you of the following:
● Company name: STABEKK SPAIN S.L
● Tax ID: B70927173
● Registered office: Calle Cristo, 32, Piso 1, 09246, Poza de la Sal, Burgos
● Tax domicile: Carrer Francesc Tàrrega, 39, 08027 - Barcelona (Barcelona)
Within the limits established by law, STABEKK SPAIN S.L assumes no responsibility for the lack of veracity, integrity, updating and accuracy of the data or information contained on its web pages.
The content and information do not bind STABEKK SPAIN S.L nor do they constitute opinions, advice or legal advice of any kind, as it is merely a service offered for informational and descriptive purposes.
The Internet pages of STABEKK SPAIN S.L may contain links to other third-party pages that STABEKK SPAIN S.L cannot control. Therefore, STABEKK SPAIN S.L cannot assume responsibility for content that may appear on third-party pages.
The texts, images, sounds, animations, software and the rest of the content included in this website are the exclusive property of STABEKK SPAIN S.L or its licensors. Any act of transmission, distribution, assignment, reproduction, storage or total or partial public communication must have the express consent of STABEKK SPAIN S.L.
Also, to access some of the services that STABEKK SPAIN S.L offers through the website, you must provide some personal data. In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data, we inform you that, by completing these forms, your personal data will be incorporated and processed in the files of STABEKK SPAIN S.L in order to provide and offer our services as well as to inform you of improvements to the Website.
We also inform you that you will have the possibility at all times to exercise your rights of access, rectification, cancellation, opposition, limitation and portability of your personal data, free of charge by email to: hola@thehikers.es
REV: 20.3009
4. TERMS AND CONDITIONS OF SERVICE -www.thehikers.es-
4.1.- Provider Identification
● Owner: STABEKK SPAIN S.L
● Registered office: Calle Cristo, 32, Piso 1, 09246, Poza de la Sal, Burgos
● Tax domicile: Carrer Francesc Tàrrega, 39 - 08027 - Barcelona (Barcelona)
● NIF: B70927173
● Public Registry: Registered in the Commercial Registry of Burgos, Volume 818, Book 609, Folio 126, Section 8, Sheet BU 19705, I/A 1 (22/03/2024)
● Phone: 611577955
● E-mail: hola@thehikers.es
4.2.- Purpose
Through this text, we make available to all users and clients the terms of use and registration that apply to our online service platform www.thehikers.es and to the services we provide, reflecting all the rights and obligations of the parties.
All users who visit or access our platform and/or use any of the services we make available, accept the terms of use and the privacy policy, as well as the different modifications and/or additional legal texts that may be included in the future. If you do not agree with any of the conditions, you can unsubscribe from the service at any time or, if you are not a registered user, leave the platform.
Along with these conditions, each of the services provided may be regulated by particular terms of use and registration, and it is always mandatory for the user to expressly accept them before their use and/or contracting.
4.3.- Electronic contracting of services
4.3.1. PRIOR INFORMATION
In accordance with the provisions of article 23 et seq. of Law 34/2002 on information society services and electronic commerce, contracts concluded by electronic means shall produce all the effects provided for by the legal system, provided that the consent of both parties is given and can be proven.
For these purposes, it will be understood that following all phases of the registration process and, where appropriate, the payment of the corresponding economic amount, necessarily implies the provision of the express consent required for the contracting of the service.
Likewise, and in accordance with the provisions of article 27 of Law 34/2002 on information society services and electronic commerce, all information related to the contracting procedure is made available to users prior to its initiation.
The contracting conditions indicated below are directly applicable to the contracting of all services made available through the web portal www.thehikers.es, unless expressly stated otherwise.
4.3.2. CONTRACTING PROCEDURE
The service contracting procedure is carried out entirely electronically through our platform, without the physical presence of the parties and/or an external physical transaction at any time.
Anyone with internet access can carry out the contracting.
The phases of the contracting procedure are visible to users throughout the entire contracting process.
There are 3 distinct phases:
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User identification.
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Service and payment method selection.
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Service confirmation.
The user only needs to select the service they wish to purchase and click the purchase button provided for this purpose. This will initiate the contracting procedure, which will always follow the steps indicated above for all available services.
Once the service, quantity, applicable taxes, total price, and payment method have been selected, the platform will display a summary of the contracted service to the user, along with the applicable contracting conditions, which in any case must be expressly accepted by the user to continue the contracting process.
Once the acceptance box for the contracting conditions has been checked, if an electronic payment method has been selected, the user will be directly redirected to the corresponding external payment platform to make the payment, without www.thehikers.es being able to access the user's credit card data and/or payment systems at any time.
The security of the payment procedure is guaranteed by the financial institution.
Once the service contracting is completed, a summary screen of the contracted service will be displayed.
If payment by credit card has been selected, it will be carried out through the bank's POS terminal, a platform completely external and independent of the provider.
Within a maximum period of 24 hours, the service contractor will receive an email containing all the information related to the contracted service. This document is confirmation that the contracting has been successfully completed, being valid as a means of accreditation for any type of claim, provided that the corresponding payment receipt is attached.
The provider informs the user that all contracts made will be registered in a file for the control and management of contracts, in which, along with the information of the contracted services, additional information will be reflected to guarantee the security and evidence of the correct execution of the procedure.
4.3.3. USER OBLIGATIONS
During the term of this agreement, the user undertakes to:
● Not use the platform or any of its integrated elements to carry out time-sharing operations, constitute itself as a provider of software application services to the extent that they are aimed at enabling third-party access to the platform or any of its components, through rental operations, administrative services or any other of a similar nature, by sharing or making them available to third parties.
● Not subject the platform or any of its elements to activities aimed, directly or indirectly, at decompiling its software, which involve subjecting it to operations of an inverse nature to those that determined its construction or that, ultimately, constitute or may constitute reverse engineering, decompilation, or disassembly operations. None of the sections of this contract may be understood as an authorization of access to the source code of the platform.
● Not publish the platform, nor use it as a system for managing and exchanging illegal information and/or documentation, contrary to morality or public order, contrary to copyright and/or industrial property rights.
● Not subject the platform to workloads aimed at destabilizing it, including denial-of-service (DDoS) attacks or similar situations. In case such situations are detected, the agreed service level will not apply, being considered an emergency situation, and therefore STABEKK SPAIN S.L assumes no responsibility for the lack of availability of the service.
● Not perform reverse engineering, requirements gathering, and other activities aimed at developing an online platform identical or similar to that provided by www.thehikers.es, as this activity may be considered an act of unfair competition and infringement of the intellectual and industrial property rights held by the provider over the platform.
● Not translate, adapt, improve, transform, modify or correct the platform or any of its integrated elements, nor incorporate it into other software or own or third-party portals.
● Not remove, delete, alter, manipulate or in any way modify those notes, legends, indications or symbols that the provider, as the legitimate owner of the rights, incorporates into its intellectual or industrial property (such as, for example, copyright, ©, ® and TM, etc.) whether on the platform itself or in the associated material.
● Accept that www.thehikers.es may include contextualized or non-contextualized advertising on the website.
● Pay the economic amounts expressly indicated in this contract in a timely manner.
● Inform the provider of any event or situation that has occurred that could endanger the security of access by authorized users.
● It is forbidden to force failures or search for security breaches on the platform.
4.3.4. WARRANTIES AND LIABILITIES
We are deeply committed to ensuring that our services function correctly and in accordance with the agreed conditions with our users. However, sometimes situations may arise, especially due to the intervention of malicious third parties, which could lead to liabilities.
In this regard, we indicate below the situations in which we are not responsible for the actions of users, who assume all derived responsibilities:
● In the event that information appears published on the platform that was not hosted by us or that, where appropriate, had been published by a third party external to the organization.
● In the event that the platform is not operational due to technical reasons attributable to third parties or unforeseeable circumstances and/or force majeure.
● In the event that the user or any third party stores, disseminates, publishes or distributes on the platform any type of defamatory, injurious, discriminatory material, that incites violence or that goes against morality, public order, fundamental rights, public liberties, honor, privacy or the image of third parties.
● In the event that the user or any third party uses the platform to introduce data, viruses, malicious code, hardware or any other electronic or physical instrument or device, and damage is caused to the systems of other users.
The services made available and marketed through www.thehikers.es are provided by third-party companies unrelated and completely independent of the provider. Therefore, www.thehikers.es is not responsible in case of specific failures in the continuity of the service or, where appropriate, the temporary unavailability thereof.
In the event that the services contracted by the user are not available for a period of more than 72 hours from the notification of the incident, the user is entitled to request the provider to terminate this contract and refund the economic amounts corresponding to the unused services, which will be duly reimbursed through the same means by which the initial payment was made or, where appropriate, by bank transfer.
In the event that any of the content accessible through the platform is contrary to current regulations, we undertake to proceed with its immediate removal, as soon as we become aware of and corroborate the facts.
4.3.5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
STABEKK SPAIN S.L is the owner of all copyrights, intellectual property, industrial property, "know-how" and any other rights related to the contents of the website www.thehikers.es and the services offered therein, as well as the programs necessary for their implementation and related information.
Reproduction, publication and/or use not strictly private of the contents, in whole or in part, of the website www.thehikers.es is not permitted without prior written consent.
At www.thehikers.es, we are deeply committed to the protection of intellectual property rights. That is why we have established the following conditions and policies:
a) RELATED TO THE ONLINE PLATFORM
The provider guarantees the user that it is the legitimate owner of the platform and that it is not involved in any legal dispute prior to the signing of this contract.
The user expressly acknowledges that the provider holds all rights, title, and interest over the platform and the computer developments associated with the service, as well as over all its modules, modifications and updates, and over any element and/or functionality that may be developed on it, regardless of whether it has been requested by the user or not. For these purposes, without any limitation, the recognition of the provider's ownership of all copyrights, intellectual, and/or industrial property rights is included, being able to exploit the platform, without any temporary, territorial, media-related, or exploitation modality restrictions, and without further limitations than those established by law.
The structure, characteristics, codes, working methods, information and exchange systems thereof, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may constitute the platform, are the exclusive property of the provider, being duly protected by national and international intellectual and/or industrial property laws, and may not be subject to further modification, copying, alteration, reproduction, adaptation or translation by the user, without the prior express consent of the provider.
Likewise, all user manuals, texts, graphic drawings, databases, that complement the platform and/or the materials associated with it, are the property of the provider, and may not be subject to further modification, copying, alteration, reproduction, adaptation or translation by the user.
The provision of the platform as a service or mere access by the user does not imply, in any case, the transfer of its ownership, nor the granting of a right of use to the user other than that expressed in these conditions.
In order for the user to be able to use the platform, which is the exclusive property of the provider, the latter grants, by virtue of this contract, a non-exclusive, spatially unlimited (as it can be accessed from any Internet-enabled device), non-transferable, revocable, and non-sublicensable license for a limited period corresponding to each connection period.
In any case, any type of reproduction, imitation, transmission, translation, modification, creation of derivative works and/or public communication is absolutely prohibited, regardless of the means used for it, assuming in the opposite case the infringing user all direct or derived responsibilities that may arise.
For any aspect not expressly recognized in this contract, all rights shall be reserved to the provider, and written authorization from the provider shall be required to carry it out.
b) RELATED TO USER CONTENT AND INFORMATION
All content and information published or managed by users on the platform are their exclusive property, with www.thehikers.es being merely a provider of information society services responsible for data storage.
The provider does not receive any intellectual property rights by virtue of the user hosting or managing them on its platform, so in no case may it process them for purposes other than those directly related to the provision of the services actually contracted.
Any use contrary to intellectual property legislation of the services provided by STABEKK SPAIN S.L is prohibited, and in particular:
● Use that is contrary to Spanish laws or that infringes the rights of third parties.
● The publication or transmission of any content that, in the opinion of STABEKK SPAIN S.L, is violent, obscene, abusive, illegal, racist, xenophobic or defamatory.
● Cracks, software serial numbers, or any other content that infringes third-party intellectual property rights.
● The collection and/or use of personal data of other users without their express consent or in contravention of the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
● The use of the domain's mail server and email addresses for sending unsolicited bulk email.
The user bears full responsibility for the content of their website, the information transmitted and stored, hypertext links, third-party claims, and legal actions concerning intellectual property, third-party rights, and the protection of minors.
The user is responsible for complying with current laws and regulations and the rules pertaining to the operation of the online service, e-commerce, copyright, maintenance of public order, as well as universal principles of Internet use.
The user shall indemnify STABEKK SPAIN S.L for any costs incurred by STABEKK SPAIN S.L in any legal action where responsibility is attributable to the user, including legal fees and defense costs, even in the event of a non-final judicial decision.
4.3.6. TEMPORARY CONDITIONS
These conditions shall come into effect on the date of service contracting and shall have a duration of one year, tacitly renewable for annual periods.
Either party may terminate this contract by express written communication to the other party, at least 30 days before the start of the next period.
However, services that are for consumption and are contracted in packages or promotions may have a specific, shorter duration than indicated, which will in all cases be displayed before proceeding with the contracting.
4.3.7. ECONOMIC CONDITIONS
The rates applicable to each of the services offered through the platform shall be solely and exclusively those published on the online platform, these being the only valid ones, except for typographical or transcription errors, in which case the provider undertakes to modify them immediately.
If the payment method is direct debit, the user expressly accepts that the provider periodically makes the corresponding financial charges to the user's bank account within the indicated periods.
The provider reserves the right to cancel contracts made within 7 days from the time of their execution if it detects the existence of typographical or transcription errors in the price and/or taxes applied to the transaction.
The provider reserves the right to make any type of modification to the rates of each service, committing to publish them on the platform visibly for users. Unless otherwise provided, tariff modifications will not be retroactive.
All contracted services will be duly invoiced and paid for prior to the provision of services or at the end of the month, depending on the contracting method used.
Financial amounts can only be paid by direct debit or credit card, with the provider never having access to any banking or credit card details.
All rates will be increased by the corresponding amount of current taxes on the invoice issue date, being duly reflected in the summary of each purchase.
4.3.8. USER SUPPORT SERVICE AND TECHNICAL SERVICE
The provider offers users a user support and technical assistance service according to the following characteristics:
● Hours: 10am-2pm/3pm-6pm
● Phone: 611577955
● Email: hola@thehikers.es
Unless otherwise specified, user support will be provided exclusively in Spanish.
4.3.9. TERMINATION OF THE CONTRACT
This contract may be terminated if any of the following circumstances occur:
● Breach of the obligations set forth in this contract.
● Upon the expiration of its term, provided that either party has expressly stated its intention not to automatically renew the contract with at least 30 days' notice.
● The declaration of bankruptcy of the other party, or the initiation of any such proceedings or equivalent before the competent authorities, and repeated non-compliance with obligations by said party, whether filed by one of the parties or by a third party.
● If the corresponding financial amounts are not paid according to the agreed terms and method. The service will be automatically blocked the day after the non-payment occurs. For its reactivation, it will only be necessary to make the payment of the corresponding financial amount.
● The dissolution, liquidation, or loss of legal personality of any of the parties.
● Any substantial change or variation of the essential conditions indicated in this contract for its conclusion.
Likewise, for the contract to be fully rescinded, the user must pay all outstanding financial amounts, there being no possibility of full rescission without fulfilling this essential obligation.
In the event that the contract is unilaterally rescinded by the user, without duly proven and justified cause, the user waives any claim for financial amounts paid to date.
4.3.10. OUT-OF-COURT DISPUTE RESOLUTION, APPLICABLE LAW AND JURISDICTION
Also, in the terms set out in Article 14 of EU Regulation 524/2013 on consumer dispute resolution, a direct link to the online dispute resolution platform is provided: https://ec.europa.eu/consumers/odr/main/index.cfm.
For any controversy or conflict that may arise from these terms or conditions, Spanish Law shall apply. The resolution of judicial disputes shall be submitted to the jurisdiction of the Courts and Tribunals of the user's or client's domicile.
REV: 20.3009
5. REFUND POLICY
The refund policy for each hiking activity and/or package tour is indicated in the description of each event, in the "Refunds" section.
6. RIGHT OF ADMISSION
STABEKK SPAIN SL reserves the right of admission and participation in all its activities, both free and paid. To ensure a safe, respectful, and comfortable environment for all participants, any behavior deemed inappropriate, including, but not limited to, harassment, disrespectful conduct, offensive language, or any act that may disrupt the experience of other attendees, will be grounds for immediate exclusion from our events, without the right to a refund in the case of paid activities. STABEBEKK SPAIN SL's management reserves the right to evaluate and act in these cases at its discretion to protect the well-being and integrity of the group.
Likewise, for the organization of our activities, STABEKK SPAIN SL has established an age criterion of between 20 and 65 years, without implying any discriminatory purpose. This age range has been defined with the aim of maintaining the safety and cohesion of our events, and of fostering the creation of a community of participants at a similar stage of life, which facilitates the development of social connections, affinities, and shared interests among attendees. We understand that there are other groups in Barcelona that offer similar activities for people of different ages, so we encourage those who do not meet this criterion to consider these alternatives.
STABEKK SPAIN SL maintains its commitment to equal treatment and respect for all individuals, and reiterates that this age criterion has been implemented exclusively for operational, safety, and consistency reasons in the experience offered, and does not respond to any type of discrimination.
7. MODIFICATION OF TERMS AND CONDITIONS AND CHANGE LOG
Modifications to the Terms and Conditions
STABEKK SPAIN SL reserves the right to update or modify these terms and conditions at any time, without prior notice, in order to adapt them to legal, operational, or security changes. Any modification will be reflected in the "Last Updated" date at the beginning of this document. Participants are deemed to have accepted the updated terms by registering for our activities or by accessing our services, and it is the users' responsibility to review this page periodically to be informed of possible changes.
Change Log
To ensure transparency and security, STABEKK SPAIN SL maintains a version log of these terms and conditions. Each updated version is recorded and archived, allowing verification of the current content on any specific date. This measure ensures that participants can access and review the applicable terms at the time of their registration. In case of disputes, the corresponding modification history will be provided as evidence of the content accepted at each moment.
Hiking activities shall be governed by these general conditions and by the particular conditions set out in the description of each activity.
It is essential, to finalize the contracting of this type of active tourism activities, to know and accept the safety regulations, which can be consulted at the following link: https://docs.google.com/forms/d/e/1FAIpQLSf2_zcEUoXiceMoh8SAqx5pHX65BD97RJDfzcm8rfjhrcsKjQ/viewform.
9.- PACKAGE TRAVEL ACTIVITY
These General Contracting Conditions are governed by the provisions of Royal Legislative Decree 1/2007, of November 16, of the General Law for the Defense of Consumers and Users and other complementary laws, modified by Royal Decree-Law 23/2018, of December 21, for the transposition of directives on trademarks, rail transport, and package travel and linked travel services, by Law 7/1998, of April 13, on general contracting conditions, and by the provisions below.
General Information
Owner: STABEKK SPAIN SL., with license title CICL09-115, with NIF/CIF B70927173, with registered office at Calle Cristo, 32, Piso 1, 09246, Poza de la Sal, Burgos, email: hola@thehikers.es, contact phone: +34 611577955, and website: www.thehikers.es. Hereinafter THE AGENCY.
General Scope
Any contracting with THE AGENCY is subject to these general conditions of sale which are freely publicized below, so that each CLIENT can know and verify the purchase and the specific terms.
The GENERAL CONDITIONS aim to regulate the contractual terms for the provision of SERVICES by THE AGENCY, and, where applicable, the consideration due by the CLIENT to THE AGENCY, for the use of certain SERVICES by the former.
The provision of SERVICES will be carried out by THE AGENCY obtaining, arranging, organizing, employing, and managing the necessary technical, human, and operational resources for this purpose and, always and in any case, in exchange for the prices in force at each moment when the SERVICES are paid. Mere browsing of THE AGENCY's website will not be considered a SERVICE.
THE AGENCY particularly watches over and protects the traveler in the terms detailed in these GENERAL CONDITIONS.
9.1.- DEFINITIONS.
A. Package travel: is one in which at least two travel services are combined for the purpose of the same trip or holiday, provided that the combination is formalized in a single contract regardless of whether the traveler requests it or not. A package tour is also considered to be one which, despite being formalized in several contracts,
● Takes place at one of our points of sale.
● The combination of travel services is selected before the traveler agrees to pay.
● Is offered, sold or invoiced by the organizer, or where appropriate the retailer, at a lump sum or global price.
● Is advertised by the organizer, or where appropriate the retailer, as a “package tour”.
● Such contracts entitle the traveler to choose from a selection of different travel services.
Finally, package travel contracts also include those formalized through a connected online booking process, in which the traveler enters into a single contract with the entrepreneur, but several with the providers of the services contracted by the traveler no later than 24 hours after the confirmation of the last booking.
A package travel is also considered to be one that combines a travel service (transport, accommodation, and vehicle rental) and additionally, one or more tourist services, provided that:
● The tourist services represent a proportion equal to or greater than 25% of the value of the combination and are advertised as an essential feature of the combination or;
● If the tourist services have only been contracted after the execution of 1 travel service (transport, accommodation and vehicle rental) has begun.
B. Travel service: Travel services are passenger transport, accommodation when it is not an integral part of passenger transport and does not have a residential purpose, rental of passenger cars (Royal Decree 750/2010, of June 4) and any other tourist service that is not an integral part of one of the aforementioned travel services.
C. Package Travel Contract: is one that is formalized in a single contract for the entire trip or the formalization of several contracts for each of the travel services included in the offered package tour.
D. Start date of the package tour: is the day on which the execution of the travel services included in the contract begins.
E. Repatriation: the return of the traveler to the place of departure or to any other place agreed upon by the contracting parties.
F. Non-conformity: the non-execution or incorrect execution of the travel services included in a package tour.
G. Traveler: any person who intends to enter into a contract or has the right to travel under a contract.
H. Entrepreneur: one who serves travelers in person or online, whether acting as an organizer, retailer, entrepreneur facilitating travel services, or travel service provider.
I. Organizer: an entrepreneur who combines and sells or offers package tours directly, through or together with another entrepreneur.
J. Retailer: an entrepreneur other than the organizer who sells or offers package tours by an organizer.
K. Non-conformity: the non-execution or incorrect execution of the travel services included in a package tour.
L. Minor: any person under eighteen years of age.
M. Unavoidable and extraordinary circumstances: situations considered beyond the control of the party claiming the situation and whose consequences could not have been avoided even if all reasonable measures had been taken.
N. Point of sale: refers to any retail outlet, both movable and immovable, or a retail website or similar online retail device, even when these websites or devices are presented to travelers as a single device, including a telephone service.
O. Establishment: access to and exercise of an economic activity on a non-salaried basis, as well as the creation and management of undertakings and in particular of companies, under the conditions laid down by legislation, for an indefinite period, in particular by means of a stable infrastructure.
P. Pre-contractual information: Pre-contractual information is understood to be that which the organizer or, where applicable, the retailer is obliged to provide to the traveler before the traveler is bound by any contract or offer.
9.2.- IMPORTANT NOTES ON PACKAGE TRAVELS.
The information contained in these General Conditions for package travel and those provided at the pre-contractual stage are generic in nature. No significant variations in content are expected and will only be modified under the terms set forth in the Specific Conditions and in certain cases explained below.
9.2.1.- Organization of the package tour.
The organization of package tours is carried out by THE AGENCY, or by the wholesale agency, or wholesale-retailer involved, as applicable, detailed in the pre-contractual information provided to the client and in the package travel contract.
9.2.2.- The package travel contract.
The agency undertakes to deliver to the traveler a copy of the package travel contract formalized by the parties, at the latest within 24 hours from said formalization.
All conditions governing the contracted package travel shall form an integral part of the package travel contract, specifically, the general conditions set forth in this text, the pre-contractual conditions, and the specific conditions agreed between the agency and the traveler.
9.2.3.- Price.
A) The price of the package tour includes:
● The price of all contracted tourist services (passenger transport, accommodation, motor vehicle rental, etc.), regardless of whether it has been formalized in one contract or several contracts;
● Commissions, surcharges, and additional costs;
● The provision of assistance by the organizer, or where appropriate the retailer, if the traveler is in difficulty, especially in cases of extraordinary and unavoidable circumstances and those provided for in the applicable regulations;
● The possibility of requesting assistance if you have difficulties in submitting a claim for any non-conformity of the traveler during the trip;
● Indirect taxes (e.g. VAT, IGIC) when so indicated.
B) The price of the package tour does not include:
Any other service not specifically stated in the contract, such as:
● Visas;
● Vaccination certificates;
● "Extras" such as: coffees, wines, spirits, mineral water, special dietary regimes, laundry and ironing services, parking, telephone use, cribs, TV rental, Spa services, health resorts, hot springs, massages, medical, therapeutic or health treatments, and;
● Any other similar service offered by the establishment for a price independent of the main contracted service.
● Additional taxes in certain destinations, which may vary depending on the category of the establishment and the destination. These fees will be paid directly at the hotel establishment and the traveler will be solely responsible for paying them.
● Airport entry/exit fees/taxes where applicable.
C) Price modifications:
The price of the package tour has been calculated according to exchange rates, transport fares and fuel costs. Due to the constant rise in oil or other energy sources, sometimes the price of the trip may be modified after the booking and confirmation of the trip, by the organizer, or where appropriate by the retailer, provided that such faculty is available in the formalized contract.
Depending on the destination, the traveler will be charged, as an integral part of the total price of the package tour, the tourist landing, embarkation or disembarkation fees, taxes and surcharges at ports or airports, as specified in the previous section. These amounts may be modified by third parties not directly involved in the execution of the package tour and, as a result, may be modified by the agency.
Regarding the Tourist Tax, it is a tax applied by hotel establishments in certain countries. The traveler should check if such a tax exists for their destination.
As a consequence of changes in the exchange rate applicable to the package tour, the agency may modify the price of the trip.
Any price modification arising from any of the reasons stated above will be notified by the agency to the traveler with a justification for the increase and its calculation on a durable medium, no later than twenty calendar days before the start date of the package tour.
Provided that the travel contract allows the organizer, or where appropriate the retailer, to modify the price, as is the case, the traveler will be entitled to a price reduction corresponding to any decrease in the costs mentioned in this section that occur between the date of confirmation of the package tour reservation and its start date. In case of price reduction, the organizer and, where appropriate, the retailer, will have the right to deduct the actual administrative costs from the refund due to the traveler.
D) Price reduction and compensation for damages:
● The traveler will be entitled to an appropriate price reduction for any period during which there has been a lack of conformity, unless the organizer or the retailer proves that the lack of conformity is attributable to the traveler.
● The traveler will be entitled to receive appropriate compensation from the organizer or, where appropriate, the retailer for any damage or injury suffered as a consequence of any lack of conformity. Compensation will be paid without undue delay.
● The traveler will not be entitled to compensation for damages if the organizer or, where appropriate, the retailer proves that the lack of conformity is:
a) attributable to the traveler;
b) attributable to a third party unrelated to the provision of the contracted services and unforeseen or unavoidable, or
c) due to unavoidable and extraordinary circumstances.
● Insofar as international conventions binding the European Union limit the scope or conditions for the payment of compensation by travel service providers included in a package tour, the same limitations will apply to organizers and retailers. In other cases, the contract may limit the compensation to be paid by the organizer or the retailer provided that such limitation does not apply to bodily injury or damage caused intentionally or by negligence and that its amount is not less than triple the total price of the trip.
● Any right to compensation or price reduction under the applicable law will not affect the rights of travelers under:
a) Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.
b) Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations.
c) Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents.
d) Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004.
e) Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004.
f) International conventions.
● Travelers will have the right to submit complaints in accordance with applicable law, these regulations and international conventions.
The compensation or price reduction granted under the law and that granted under such regulations and international conventions shall be deducted from each other to avoid excessive compensation.
● E) Agreed form of payment
The parties shall agree on the established form of payment in the contract, whether in cash or in installments, although the full amount must be paid before the departure date. In the event that the price has not been received, it will be understood that the traveler unilaterally withdraws from the contract with the costs and penalties established in RDL 1/2007.
9.2.4.- Assistance.
● The traveler may send messages, requests or complaints regarding the execution of the package tour directly to the retailer through whom it was purchased. The retailer will forward such messages, requests or complaints to the organizer without undue delay. For the purposes of compliance with terms or limitation periods, the acknowledgment of receipt by the retailer of messages, requests or complaints will be considered acknowledgment of receipt by the organizer.
● The organizer and the retailer must provide appropriate assistance without undue delay to the traveler in difficulties, especially in the event of unavoidable and extraordinary circumstances, in particular by:
a) providing adequate information on health services, local authorities and consular assistance;
b) assisting the traveler in establishing remote communications; and
c) assisting in finding alternative travel arrangements.
● The organizer and, where appropriate, the retailer may charge a reasonable surcharge for such assistance if the difficulty has arisen intentionally or due to the negligence of the traveler. This surcharge will in no case exceed the actual costs incurred by the organizer or the retailer.
● If it is impossible to guarantee the return of the traveler as agreed in the contract due to unavoidable and extraordinary circumstances, the organizer or, where appropriate, the retailer will bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights, with the cost of the excess being borne by the traveler.
● The traveler must inform the organizer or, where appropriate, the retailer without undue delay, taking into account the circumstances of each case, of any lack of conformity observed during the execution of a travel service included in the contract.
9.2.5.- Modification of other clauses of the contract.
● The package travel contract, with the exception of the provisions of the previous point, may be unilaterally modified by the organizer or, where appropriate, the retailer, before the start of the package travel, provided that the change is insignificant, such power is provided for in the contract formalized with the traveler and the traveler is informed of such alteration in the price on a durable medium.
● However, in those cases where the organizer is obliged to modify any of the main characteristics of the package travel contained in the pre-contractual or contractual conditions or proposes to the traveler to increase the price of the package travel by more than eight percent (8%) of the total price, always before the start of the package travel, the traveler will have the option to accept the proposed change or terminate the contract without penalty.
● If the substitute package tour for the modified one is of lower quality or cost, the traveler will be entitled to a price reduction.
● Modifications to the contract clauses must be communicated to the traveler without delay, referring to: the impact of the modification on the total price of the package tour; the deadline by which the traveler must communicate their decision to terminate or accept the modifications and what happens if the traveler does not communicate anything, and, where appropriate, the substitute trip offered and its price.
In the event that the traveler requests voluntary changes to their package tour, the prices of the tourist services may not correspond to those published in the brochure or pre-contractual conditions that led to the contracting.
9.2.6.- Assignment of the package travel contract.
● In order for the traveler to be able to assign the package travel contract to another person, the transferee must meet all the conditions applicable to said contract, and must notify the organizer or, where appropriate, the retailer, with reasonable notice of at least seven (7) calendar days before the start of the package travel.
● Both the assignor and the assignee will be jointly and severally liable for the payment of the outstanding amount, as well as for any additional expenses caused by the assignment. For this purpose, the organizer or the retailer must provide the assignor with proof of the additional expenses.
9.2.7.- Payments and refunds.
● The package tour must be fully paid for all travel services to be provided to the traveler. In the event that the payment is rejected for any reason, the reservation will be canceled, after informative communication to try to resolve the payment problem.
● If the total agreed price is not received under the conditions, it will be assumed that the traveler withdraws from the trip, and the provisions of section "8. Termination of the package travel contract by the traveler" will apply.
● In the event that the organizer or retailer terminates the package travel contract, they must return or refund to the traveler the amounts already paid by the latter, within a period not exceeding fourteen calendar days from the date of termination of the package travel.
● A traveler who does not appear at the scheduled departure time of the contracted package tour will not be entitled to a refund of any amount paid, unless there is a different agreement between the parties.
● Regarding the cancellation expense insurance contracted by the traveler, in no case will the premium paid for it be refundable.
● At the time of booking, THE AGENCY may require a deposit which in no case will exceed 30% of the booking amount. The remaining amount must be paid upon delivery of the travel documentation, which must be done at least seven days before the departure date.
* Payment with authorization/Deposit into account: for the payment of services reserved through THE AGENCY's website and for security reasons, in some cases, the agency may request a specific payment authorization from the client (which must be accompanied by the documentation required by the travel agency) or, that the payment must be made through any sales office open to the public of THE AGENCY's commercial network or, where appropriate, that a deposit be made into an account, depending on the specific case.
9.2.8.- Termination of the package travel contract by the traveler.
● At any time, but always before the start date of the package tour, the traveler may terminate the contract with a penalty imposed by the organizer or, where appropriate, by the retailer.
a) The amount of the penalty for the termination of the contract will be equivalent to the price of the package tour minus cost savings and income derived from the alternative use of travel services. The organizer or, where appropriate, the retailer must provide the traveler who requests it with a justification of the amount of the penalty.
b) Notwithstanding the foregoing, when unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity that significantly affect the execution of the package tour or the transport of passengers to the destination, the traveler will have the right to terminate the contract before its start without paying any penalty. In this case, the traveler will be entitled to a full refund of any payment made, but not to additional compensation.
● In the event that the contracted and canceled services, which are part of the package tour, were subject to special economic contracting conditions, the cancellation fees for withdrawal will be those established by the provider of each service.
● When, as a result of modifications to the terms of the package tour contract, the traveler does not accept its replacement by another trip, the organizer or, where appropriate, the retailer will refund the traveler the amounts paid without applying penalties, within a maximum period of fourteen calendar days, counting from the date of termination of the contract.
● Travelers will have the right to terminate the contract and the right to a full refund of the price of the package tour:
a) travelers whose contracted trips involve unavoidable and extraordinary circumstances at the destination, or in its immediate vicinity, which significantly affect the execution of the trip or the transport of passengers to the destination.
b) if any of the essential elements of the package tour other than the price are significantly modified.
c) in the event that the business responsible for the package tour cancels it before the start of the trip, the traveler will also have the right to receive compensation.
d) in case of non-performance of services when this substantially affects the execution of the package tour and the organizer or, where appropriate, the retailer fails to solve the problem.
e) when exceptional circumstances occur, such as serious security problems that may affect the trip, travelers will also not have to pay any penalty.
● Travelers will be entitled to a price reduction and/or compensation for damages in case of non-performance or incorrect performance of travel services.
Right of withdrawal: Package tours do not have a right of withdrawal, however, travelers who contract a package tour outside the establishment (not to be confused with distance contracts) will have a period of fourteen days to exercise their right of withdrawal with THE AGENCY.
Contracts concluded off-premises are:
● Contracts concluded with the simultaneous physical presence of the trader and the traveler and user, in a place other than the trader's business premises.
● Contracts in which the traveler and user has made an offer under the same circumstances as those contemplated in letter a).
● Contracts concluded on the trader's business premises or by means of any means of distance communication immediately after personal and individual contact with the traveler and user in a place other than the trader's business premises, with the simultaneous physical presence of the trader and the traveler and user.
● Contracts concluded during an excursion organized by the trader with the aim of promoting and selling products or services to the traveler and user.
9.2.9.- Termination of the contract by the organizer or retailer.
The organizer, or where applicable, the retailer, may cancel the package travel contract, compensating the traveler for all payments made, but without assuming responsibility for compensation, provided that the legal conditions established in RDL 1/2007 are met.
9.2.10.- Liability for booking errors.
● The entrepreneur will be responsible for errors due to technical defects that occur in the booking system attributable to them, as well as for errors made during the booking process when the entrepreneur has accepted to manage the booking of a package travel.
● The entrepreneur will not be responsible for booking errors attributable to the traveler or caused by unavoidable and extraordinary circumstances.
9.2.11.- Performance of the package travel contract.
● Organizers and, where applicable, retailers of package travel will be jointly and severally liable to the traveler for the correct performance of the travel services included in the contract, regardless of whether these services are to be performed by them or by other service providers.
● Whoever is liable to the traveler will have the right of recourse against the entrepreneur to whom the non-performance or defective performance of the contract is attributable, based on their respective scope of package travel management.
● When an organizer or retailer pays compensation, grants a price reduction, or fulfills other obligations imposed by law, they may seek reimbursement from third parties who contributed to the event that gave rise to the compensation, price reduction, or other obligations.
● The traveler must inform the organizer or, where applicable, the retailer without undue delay of any lack of conformity observed during the performance of a travel service included in the contract.
● If any of the services included in the trip are not performed in accordance with the contract, the organizer and, where applicable, the retailer must remedy the lack of conformity, unless it is impossible or entails disproportionate costs, taking into account the seriousness of the lack of conformity and the value of the affected travel services. If the lack of conformity is not remedied in accordance with this section, a price reduction and compensation for damages will apply.
● Without prejudice to the exceptions provided in the previous section, if the organizer or the retailer does not remedy the lack of conformity within a reasonable period set by the traveler, the traveler may do so and request reimbursement of the necessary expenses. The traveler will not need to specify a deadline if the organizer or, where applicable, the retailer refuses to remedy the lack of conformity or if an immediate solution is required.
● When a significant proportion of the travel services cannot be provided as agreed in the package travel contract, the organizer or, where applicable, the retailer will offer, without additional cost to the traveler, suitable alternative arrangements, if possible of equivalent or higher quality than those specified in the contract, for the continuation of the package travel, even if the traveler's return to the place of departure is not carried out as agreed.
If the proposed alternative arrangements result in a package travel of lower quality than that specified in the contract, the organizer or, where applicable, the retailer will apply an appropriate price reduction to the traveler.
The traveler may only reject the proposed alternative arrangements if they are not comparable to what was agreed in the package travel contract or if the price reduction granted is inadequate.
● When a lack of conformity substantially affects the performance of the trip and the organizer or, where applicable, the retailer has not remedied it within a reasonable period set by the traveler, the traveler may terminate the contract without paying any penalty and request, where applicable, both a price reduction and compensation for damages caused.
● If the package travel includes passenger transport, the organizer and, where applicable, the retailer, in the cases indicated in the two previous paragraphs, will also repatriate the traveler in equivalent transport without undue delay and without additional cost.
● If it is impossible to ensure the traveler's return as agreed in the contract due to unavoidable and extraordinary circumstances, the organizer or, where applicable, the retailer will bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveler. When European regulations on passenger rights, applicable to the corresponding means of transport for the traveler's return, establish longer periods, these periods will apply.
● The cost limitation referred to in the previous section will not apply to persons with disabilities or reduced mobility, as defined in article 2.a) of Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 on the rights of disabled persons and persons with reduced mobility when travelling by air, nor to their companions, pregnant women and unaccompanied minors, as well as persons with specific medical assistance needs, if their particular needs have been communicated to the organizer or, where applicable, the retailer at least forty-eight hours before the start of the trip. The organizer and the retailer may not invoke unavoidable and extraordinary circumstances for the purpose of limiting liability, if the carrier cannot avail itself of these circumstances under European law.
2.12.- Insolvency of the organizer or retailer.
● If the organizer or the retailer becomes insolvent, payments to the traveler will be reimbursed.
● If the organizer or, where applicable, the retailer becomes insolvent after the start of the package travel and it includes transport, the repatriation of travelers will be guaranteed.
Guarantee in case of insolvency: THE AGENCY has taken out an insolvency protection guarantee, the name and contact details of which, and the corresponding policy number, will be detailed to the traveler in the pre-contractual information and package travel contract in the event that the agency becomes insolvent.
If services are denied due to THE AGENCY's insolvency, travelers may contact said entity or, where applicable, the competent authority.
9.2.13.- Personal Data Protection.
In compliance with Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, and European Regulation 2016/679, regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data, the agency and the traveler undertake to respect and comply with the current regulations on this matter.
In the event that you effectively contract with the agency, information regarding data protection will be provided by the agency to the traveler at the time required by law. You can also view our privacy and data protection policy.
9.2.14.- Statute of limitations for actions.
Actions arising from the rights recognized in the Law will prescribe after two (2) years, with the period beginning on the date of the contract.
9.2.15.- Applicable Jurisdiction.
The parties contracting under these general terms and conditions of contract submit to the Courts and Tribunals of the traveler's domicile or the entrepreneur's domicile, at the traveler's choice, to resolve any discrepancies or claims arising from the interpretation or execution of the package travel contract and these general terms and conditions.
9.3.- INDIVIDUAL SERVICES (NOT PACKAGE TRAVELS).
When THE AGENCY acts as an intermediary in the provision of individualized services (individual service), it is not responsible for the outcome of their fulfillment. The retail travel agency is only obliged to comply with the instructions derived from the management entrusted by the client and to provide accurate and truthful information about the contract between the provider and the client for whom THE AGENCY acts as an intermediary, and all this with the aim of ensuring the successful completion of the operation.
9.4.- INFORMATION ON USE
The traveler will be responsible for the correct use and enjoyment of the contracted services, whether as an individual service or as part of a package travel.
9.4.1 HOTELS:
Check-in and check-out.
In most establishments, the room will be available to the client from 2:00 PM on the day of arrival until 12:00 PM on the day of departure. If the hotel arrival time is different, you should contact the hotel to avoid losing your reservation.
Normally, the latest check-in time for hotels in Spain is 6:00 PM on the day of arrival, so if you are going to arrive later, you must notify and confirm your attendance to the establishment.
The user undertakes to use the services in accordance with the Law, morality, good customs, and public order. Consequently, they are obliged not to use the services for illicit purposes and/or purposes contrary to what is established or that, in any way, may damage the services, the establishment, and/or its image.
Rooms.
All the characteristics reflected are based on standard double accommodation, and the rest of the accommodations may not fit.
● Third persons and children sharing a room will usually be accommodated in an extra bed, or sofa bed, or in two double beds as most hotels do not have triple rooms.
● Baby cribs can be requested as a request on the payment screen, or by phone by calling our website's Customer Service Center.
● Double rooms may have two separate beds or a single bed valid for two people, subject to hotel availability. Some facilities in some hotels are exclusively operational on specific dates and not throughout the entire season, such as air conditioning, heating, swimming pools, heated jacuzzis, etc., which will be subject to what is determined by the hotel establishment.
Board basis.
● A.: accommodation only.
● D.: bed and breakfast.
● P.: half board.
● C.: full board.
● I.: all inclusive.
Prices do not include drinks with meals, unless otherwise indicated. Most hotels consider Half Board as breakfast and dinner, not allowing the exchange of dinner for lunch.
All-inclusive service.
● The client with All-Inclusive board must always wear the bracelet or identification marked by each establishment and show it when requesting the service.
● The All-Inclusive modality is personal and non-transferable; no other person may use this service.
● The hotel reserves the right to cancel the provision of this service in case of misuse.
● Schedules and drinks:
a) Schedules: All schedules displayed in the All-Inclusive are subject to modification by the establishment.
b) Drinks: Unless expressly indicated, local or national alcoholic/non-alcoholic beverages from each establishment's All-Inclusive menu are understood.
Management fees.
Any post-sale change or modification will entail a charge that will be specified in the package travel contract or in the booking modification order.
Points of interest.
● Facilities and services such as: à la carte restaurants, sports and recreational facilities, everything related to health and beauty, etc., are always paid directly at the establishment, their publication being merely informative. Depending on the number of clients by nationality, hotels reserve the right to schedule their activities exclusively in foreign languages.
● Most establishments require long trousers and/or formal attire for gentlemen for dinner service.
● The traveler undertakes to respect the Internal Regulations of the establishment for the enjoyment of their stay and other facilities.
Hotel taxes.
Depending on the destination, hotel establishments may charge the client additional fees or taxes to the booking price.
Quality of service.
The quality and content of the services provided by the hotel will be determined by the official tourist category, if any, assigned by the competent body of its country. If there is none, the hotel category is assigned in stars based on common criteria in the hotel sector based on its services and facilities, and for purely indicative purposes.
Apartments.
When making the reservation, the client is fully and exclusively responsible for correctly declaring the number of people who will occupy the apartment, without omitting children of any age. Please note that the apartment administration may legally refuse entry to undeclared persons, with no right to any claim for this reason. In some cases, it is possible to enable extra beds or cribs, which must be requested by clients before the contract is perfected, and which, unless expressly stated otherwise, will not be included in the published price of the apartment.
4.2.- AIR TRANSPORT
Reservation
● Depending on the fare type, service class, stay at destination, offer, etc., you can make your reservation for round-trip flights.
Please note that if you do not use the outbound flight coupon, the company may cancel the return flight and/or adjust the price for the fare corresponding to a one-way trip only.
● When the traveler is interested in booking round-trip air segments and in order to offer the most competitive fares available at that time, the provider's website may generate two independent bookings, one for the outbound and one for the return, even if it is with the same airline. In such a case, each booking will have its own locator and its own conditions regarding refunds, cancellations, and modifications.
● The conditions of your fare are defined by each airline. The cheapest fares generally do not allow changes and/or refunds.
● For air travel, check-in at the airport must be done at least one and a half hours in advance for domestic flights and 2 hours for medium-haul and international flights, before the official departure time, and in any case, the specific recommendations indicated in the travel documentation provided upon signing the contract must be strictly followed.
● Transport carried out under these conditions is subject to the rules and limitations regarding liability established by the Warsaw Convention unless the transport is not "international transport" as defined by said Convention.
Codeshares: Due to internal agreements and commercial alliances between different airlines, it may happen that the airline operating the service is different from the one with which the client booked their flight.
● Airlines may make schedule changes or route cancellations (operational changes) before departure, so it is the client's responsibility to confirm their flight 48 hours in advance, through the airline's website, the enabled Customer Service telephone number, or by contacting the organizer using the provided details.
● During the booking process, especially in the case of online sales, THE AGENCY will request the client's personal and contact information, among other reasons, to be able to communicate any incidents that may occur with their booking, if necessary. The client is obliged to provide their true information, and THE AGENCY will consider the information provided by the client at the time of booking as valid. THE AGENCY disclaims all responsibility arising from the fact that the information provided by the client is false or erroneous, all in accordance with the applicable regulations on data protection and guarantee of digital rights.
Management Fee/Airline Fee.
THE AGENCY will charge a management fee/airline fee per passenger that may vary depending on the routes, or other possible surcharges applied by airlines that we are unaware of until the purchase. These surcharges may be applied, e.g., for credit card payments, baggage check-in, or online check-in.
However, before confirming your purchase, you will be informed of the final price of your booking broken down by concepts.
Changes and Cancellations.
Once the air ticket is booked, it is subject to the conditions established by each airline regarding cancellations, changes and refunds, depending on the fare purchased. The travel agency does not intervene in determining the fare conditions, nor in the penalty percentages applied in case of cancellation and/or modification of the flight, as these conditions are, in any case, imposed by each airline:
- Changes: THE AGENCY will charge a handling fee per passenger in addition to the penalties of the airlines themselves.
- Cancellations: THE AGENCY will charge a handling fee per passenger in addition to the penalties of the airlines themselves.
In both cases, the handling fees/air fees charged will NOT be reimbursed.
Special Services Request
Each airline establishes its own rules and conditions for the processing and provision of special services. However, in any case, when the customer requires the provision of any of these services, such as unaccompanied minors, wheelchairs, pets on board, sports equipment, etc., they must expressly request it at the time of booking.
The travel agency will act merely as an intermediary, forwarding the special service request to the airline, but the definitive provision of this type of service is always subject to the prior and express confirmation by the airline.
The travel agency is not responsible for the confirmation or denial of these services by the airline, nor does it have information about any additional charges the airline may require for the provision of these special services.
Therefore, for any information the customer requires regarding these types of services, it is recommended to contact the specific airline directly for reconfirmation.
Baggage.
● Checked baggage will be delivered to the bearer of the baggage tag.
● In the event of baggage damage in international transport, the appropriate claim must be submitted in writing to the carrier immediately after the damage is discovered, and at most, within 7 days following the delivery date; in case of delay, the claim must be submitted within 21 days following the date on which the baggage was delivered.
● Airlines, in compliance with U.S. government requirements, are legally obliged to allow the U.S. Customs and Border Protection (CBP) to access certain travel and booking data of passengers flying to/from or in transit through the U.S. This data is primarily used to prevent and combat terrorism, organized crime, and other serious transnational criminal offenses.
● Baggage conditions depend on each airline and route and may vary.
Please consult the website of the airline operating the transportation contract for more information about your baggage.
Prohibited items in hand luggage.
For security reasons, there are a number of items that are prohibited in the aircraft cabin. Therefore, they must be checked as hold baggage (provided their transport is not also prohibited in the aircraft hold). These prohibited items include:
● Liquids: the quantity of liquids or similar consistency substances that passengers can carry with them when passing through security controls at community airports is restricted.
● Firearms and weapons in general.
● Weapons or sharp or pointed objects.
● Blunt instruments.
● Explosive and flammable substances.
● Chemical and toxic substances.
Security personnel may deny access to the boarding area and the aircraft cabin to any passenger in possession of an item that, even if not considered prohibited, arouses their suspicion. In exceptional circumstances, a passenger may carry a prohibited item provided that the airport's security department at the departure airport has been informed in advance and has authorized the transport, and the aircraft commander has been informed about the passenger and the prohibited item being carried.
In any case, the prohibited item or items must be transported under secure conditions.
Prohibited items in checked baggage.
Some seemingly harmless products can be dangerous on board an airplane if included in baggage.
During the flight, temperature and pressure variations, and the movement of the aircraft itself, can cause liquid leaks or ignition of some items. Therefore, you should not carry, for example, the following products in your baggage:
● Explosives (which includes detonators, fuses, grenades, mines, and pyrotechnic products).
● Gases: propane, butane (which includes small camping gas canisters).
● Flammable liquids (which includes gasoline and methanol, paints, solvents, glues, and lighter refills).
● Flammable solids and reactive substances (which includes magnesium, matches and lighters, fireworks, and flares).
● Oxidizers and organic peroxides (such as bleaches and abrasives).
● Toxic or infectious substances (rat poison, infected blood).
● Radioactive material (includes isotopes for medical or commercial use).
● Corrosives (such as car batteries).
● Engine parts that have contained fuel.
If you are transporting firearms, you must go to the Weapons Control Office at the departure airport to obtain the necessary authorization. Weapons must be packed in a suitable case and will be returned to you at the Weapons Control Office at the arrival airport.
Certain electronic equipment, such as laptops or mobile phones, can interfere with aircraft systems and affect flight safety.
Check with the crew if you can use them during the flight.
Destruction, loss, or damage to baggage.
The airline is responsible for damage caused in the event of destruction, loss, or damage to checked baggage when the event causing the damage occurred on board the aircraft or while the checked baggage was under the custody of the airline.
Go immediately to the airline's counter or its handling agent (ground assistance company for airlines) to file the corresponding protest at that time, filling out the form called Baggage Irregularity Report (P.I.R.), a necessary requirement to record the incident and for processing by the airline.
Baggage check-in.
It is recommended to check in at the airline counter 90 minutes before if your flight is domestic and 2 hours or 120 minutes before if your flight is international.
For more information, we recommend you consult the websites of the carrier airlines for their baggage conditions.
Documentation.
● The names and surnames of the passengers must be included exactly as they appear on their identification document, and they must identify themselves with the same document indicated in the purchase process.
● It is the responsibility of each passenger to ensure that they have valid travel documentation that complies with the requirements of the airline, immigration, and authorities of each destination.
● Please note that:
a) All passengers travelling (including infants and minors) are required to carry a valid and original travel document.
b) A passport for travel outside the European Economic Area (EEA) must be valid for the intended period of stay.
c) If a visa is applicable, any child/infant must travel with the adult whose photograph appears on the visa.
d) All non-EU/EEA citizens must present a valid and original passport, which is the only valid identification document (even for domestic flights).
e) To ensure compliance with all regulations, passengers must carry a valid and original passport (and visa, if applicable) or a national identity document issued by an EU/EEA government on all routes. The passenger will be responsible for any fines, penalties, or expenses resulting from non-compliance with this requirement.
f) Residence cards, driving licenses, family record books, maritime identification books, police reports (issued in case of loss or theft of a travel document), military identification cards, among others, will NOT be accepted as valid documents. Expired or damaged photo IDs will not be accepted on any flight.
g) Passenger travel document details (including children and infants) must be entered during the online check-in process.
h) On all routes, passengers must present their valid travel document and online boarding pass at the airport security area and at the boarding gate.
Travel with minors.
Minors must carry their valid ID card (DNI) or Passport. If the minor is not traveling accompanied by their guardians, they must also carry their legal authorization. The regulations of some airlines require all minors (check minimum age with each airline) to travel accompanied by an adult and to be properly documented with a DNI and/or Passport. In case of non-compliance with these regulations, these minors will be denied boarding with these airlines.
Boarding Pass.
● We advise printing your boarding pass to present it at the security checkpoint and at the boarding gate. For RYANAIR and EASYJET, if you do not present a printed boarding pass, the airline will charge you a penalty.
● If you are not checking in luggage and only have hand luggage, with the printed boarding pass, you can go directly to the boarding gate without having to go through the check-in counter.* It is advisable to consult the airline's conditions regarding the characteristics of hand luggage that can be taken on board the aircraft.
Authorizations and visas.
Travelers are especially informed that the conditions for granting visas and entry/exit/transit authorizations are sovereign matters of each country, so they may be varied, imposed, or eliminated at any time. Therefore, we strongly recommend contacting the Ministry of Foreign Affairs and the Consulates/Embassies of the destination and transit country/countries to verify the necessary requirements.
9.5. VERIFIABLE CONDITIONS.
9.5.1 Please note that:
● A valid travel document is required for all passengers traveling (including infants and minors).
● A passport for travel outside the European Economic Area (EEA) must be valid for the intended period of stay, and in some cases a minimum validity period is required.
● If a visa is applicable, any child/infant must travel with the adult whose photograph appears on the visa.
● All non-EU/EEA citizens must have their travel documents validated and their Boarding Pass stamped at the airline's Visa/Document desk before passing through the airport's security area.
● To ensure compliance with all regulations, passengers must carry a valid passport (and visa, if applicable) or a national identity document issued by an EU/EEA government on all routes. The passenger will be responsible for any fines, penalties, or expenses resulting from non-compliance with this requirement.
● Airlines, in compliance with the requirements of the U.S. Government, among others, are legally obliged to allow the Office of Customs and Border Protection to access certain travel and reservation data of passengers flying to/from or in transit through the country in question. This data is primarily used to prevent and combat terrorism, organized crime, and other serious transnational criminal offenses.
The specific regulations on ESTA (USA) and eTA (Canada) oblige all those who wish to travel to the USA and Canada to have their entry approved, generally, at least 72 hours before boarding the plane, without prejudice to the verification of entry and stay requirements in the country upon arrival.
For more information, please consult https://esta.cbp.dhs.gov/ and/or https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/eta/apply-es.html
9.5.2.- Minors:
To safeguard the safety of minors, Instruction 10/2019 of the Secretary of State for Security has been issued, regulating the procedure for granting permission to travel outside the national territory for minors.
In the case of unaccompanied minors or those traveling with third parties, in addition to the DNI or passport, the elements that must be included in the signed declaration of travel permission are established, through a form that can be obtained at the operational units of the General Directorate of the Police, the General Directorate of the Civil Guard, Courts, Notaries, and City Councils.
For air service purposes, minors are considered to be passengers who have not reached 18 years of age on the date of the flight. Within the age groups of minors, they are classified into several categories:
● Infants: These are passengers who have not yet reached 2 years of age on the date of the flight. They do not occupy a seat on the aircraft and travel accompanied by an adult, paying a variable percentage of the adult fare.
● Children: These are passengers who have reached 2 years of age but are not yet 12 years old on the departure date of the flight. They occupy a seat on the aircraft and pay a variable percentage of the adult fare.
● Youth: These are passengers whose age is between 12 and under 18 years old on the departure date of the flight. They occupy a seat on the aircraft and pay the adult fare.
As a general rule, minors travel accompanied by an adult, although it is possible for them to travel unaccompanied, in which case a series of conditions/restrictions common to most airlines apply, without prejudice to each airline being able to add other specific conditions for these particular cases.
Passengers who have not reached 5 years of age may under no circumstances travel without an adult companion nor request the in-flight assistance service. Likewise, requests for in-flight assistance for unaccompanied minors will not be made when it is a code-share flight, meaning it is operated by an airline other than the one with which the reservation was made. Additionally, some airlines (including low-cost airlines) do not offer assistance services for minors under 14 years of age.
In the case of minors aged between 12 and 18 years old who fly alone to international destinations, it will be necessary to request the assistance service and/or process a special request for them to be accepted on the flight if the in-flight assistance service is not necessary.
In any case, it is essential for minors traveling without an adult that such service is expressly requested at the time of booking and must be expressly confirmed by the airline prior to the flight's departure.
9.5.3.- Large Families:
● To be considered a large family, the members of the family unit must be Spanish nationals or nationals of a Member State of the European Union or of any of the other States party to the Agreement on the European Economic Area (Norway, Liechtenstein, and Iceland) and reside in Spanish territory.
Families where, having their residence in another Member State of the European Union or being part of the Agreement on the European Economic Area, at least one of the ascendants of the family unit carries out an activity as a self-employed or employed person in Spain and provided that they have a large family document issued by one of the Spanish Autonomous Communities, may also benefit.
● Members of the family unit who are nationals of other countries shall be entitled to recognition of large family status under the same conditions as Spanish nationals, provided that all members who give entitlement to the benefits referred to in this Law are resident in Spain.
● The large family bonus is compatible, and in such cases, the corresponding percentages will be cumulative, with the bonuses established for air transport for residents in the Canary Islands, Balearic Islands, Ceuta, and Melilla.
● To apply the large family discount, all passengers in the booking must be eligible for the large family discount. If any of the passengers cannot certify their large family status, bookings must be made separately.
● Individuals with a ticket discounted for large families must carry the original, valid document proving their large family status (official large family certificate or equivalent individual document, valid, issued by the competent autonomous community).
● To benefit from the discount, all documentation must be provided at the time of booking; the discount cannot be applied later.
● The large family discount is only applicable to domestic flights within national territory. This discount applies to all ticket components except taxes.
● To benefit from the discount, all documentation must be provided at the time of booking; the discount cannot be applied later.
● In any case, the client is responsible for correctly providing the travel agency with accurate personal data for all members of the booking. Any error or falsehood in the data provided by the client could result in an additional charge or fee being applied by the service provider. In such a case, if this additional charge or fee is levied against the travel agency, the agency may pass this charge directly on to the client.
9.5.4.- Residents:
● Subsidies on fares for regular air and maritime transport services regulated in Royal Decree 1316/2001 will apply to Spanish citizens and citizens of other European Union member states, or other states party to the Agreement on the European Economic Area or Switzerland, who prove their residency status in the Autonomous Communities of the Canary Islands and the Balearic Islands and in the Cities of Ceuta and Melilla.
● For these purposes, citizens who meet any of the following requirements will be considered residents:
a) Being registered in the municipal census in any of the municipalities covered by this regulation.
b) Being an elected deputy or senator for any of these constituencies.
Documents proving residency are:
a) If you are a resident and verification (through the Ministry of Development's Automatic Resident Accreditation System) has not been successful, you must present the necessary accreditation at check-in and at the boarding gate; if you cannot prove your resident status, you must purchase a new ticket.
b) The residency certificate must be issued according to the model defined in Annex I of Royal Decree 1316/2001, popularly known as the "travel certificate." This certificate is valid for six months.
Spanish Residents:
● They must present the residency certificate issued by the town hall, accompanied by their national identity document or passport as identification. For Spanish citizens under 14 years of age who do not have a national ID, only the town hall residency certificate will be required. If you are a resident of Ceuta or Melilla, you can benefit from this discount on flights originating from or destined for Seville, Malaga, or Jerez combined with maritime transport to Ceuta, presenting, in addition to proof of residency, the maritime transport ticket.
● In the case of deputies or senators: credential proving their status as a deputy or senator.
Foreign Residents:
● They must be citizens of the EU (Germany, Austria, Belgium, Cyprus, Denmark, Slovakia, Slovenia, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, and Sweden) or countries that have signed the agreement on the European Economic Area: Norway, Iceland, and Liechtenstein, and Switzerland. They must present the residency certificate from the town hall, accompanied by their national identity document or passport as identification.
● In the case of non-EU citizens: a certificate of empadronamiento (registration in the municipal census) for travel issued by the town hall, along with their Spanish residence card, which must state their status as a family member of an EU citizen, or as a long-term or permanent resident.
● In all cases, Spanish or foreign, accreditation must be presented at check-in counters and at the boarding gate; otherwise, they will not be able to use the discounted ticket and must purchase a new one.
These documents will only be effective for proving residency when they are valid. Their presentation will be understood as a declaration of responsibility by the beneficiary regarding the validity of their data and their resident status.
The travel agency may request you to send documentation proving your residency to issue your air ticket with said discount.
To benefit from the discount, all documentation must be provided at the time of booking; the discount cannot be applied later.
In any case, the client is responsible for correctly providing the travel agency with accurate personal data for all members of the booking. Any error or falsehood in the data provided by the client could result in an additional charge or fee being applied by the service provider. In such a case, if this additional charge or fee is levied against the travel agency, the agency may pass this charge directly on to the client.
It is each passenger's responsibility to ensure they have valid travel documentation that meets the requirements of the airline, immigration, and authorities of each destination.
9.6.- INVOICING OF SERVICES
The traveler will automatically receive electronic invoicing upon purchasing services, giving their prior consent by signing the travel contract, without thereby denying or rejecting the possibility of receiving it on paper.
Travelers who wish to receive the invoice in paper format may indicate it in the contract or write an email through our contact form, making the request and clearly indicating the exact address for its delivery.
10.- COMPLAINT FORMS
In accordance with article 211-14 of Law 22/2010, of the Consumer Code of Catalonia, users are informed that official complaint and denunciation forms are available for any incident related to services contracted within the territory of Catalonia.
They can access them and obtain information on the processing procedure through the following official link of the Generalitat de Catalunya (Catalan Consumer Agency):
Complaint forms – Generalitat de Catalunya
Likewise, in accordance with article 18.3 of Decree 10/2023, for consumer relations subject to the regulations of Castilla y León, users have access to electronic complaint forms from the Junta de Castilla y León, accessible via the following official link:
Complaint forms – Junta de Castilla y León
Similarly, for consumer relations subject to the regulations of the Community of Madrid, users have access to official consumer complaint forms from the Community of Madrid, which can be obtained and submitted via the following official link:
https://www.comunidad.madrid/servicios/consumo/presentar-reclamacion-consumo
11.- CAR SHARING