General Terms and Conditions of Contract
1. Purpose and Acceptance of the General Terms
These General Terms and Conditions of Contract (hereinafter, the “General Terms”) regulate the contractual relationship between Ipar Adventure, hereinafter “the Company”, and the users who hire the active tourism services offered by the Company. By contracting our services, the user fully and unreservedly accepts these General Terms.
2. Availability and Operation of the Website
The Company makes every possible effort to keep the Website operational and accessible at all times. However, we cannot guarantee that the Website will be available continuously or free of errors. The Company reserves the right to interrupt, suspend, or limit access to the Website temporarily or permanently, without prior notice, in order to perform maintenance, updates, or for any other technical or operational reason.
3. Disclaimer of Liability for Cyber Attacks / System Failures
The Company adopts security measures to protect the Website against cyber attacks and unauthorized access. However, the Company cannot guarantee the complete security of the Website or the IT systems supporting it, nor against system failures that may occur at specific times. Consequently, the Company shall not be liable for any damage or harm the site may suffer due to:
- Cyber attacks, including but not limited to viruses, malware, trojans, ransomware, or any other malicious software.
- Unauthorized access to the Website systems.
- Theft, destruction, alteration, or disclosure of personal data or confidential information.
- Technical failures in servers or the communication network.
- Internet service interruptions that prevent access to the Website.
- Errors in the software supporting the Website.
- Compatibility issues with the user’s hardware or software.
4. Economic Conditions and Payment Methods
4.1. Prices
The prices of active tourism services offered by the Company are specified on the website and/or in the informational brochures. Prices include the Value Added Tax (21% VAT) applicable.
4.2. Activity Reservation
To have the activity confirmed and reserved in the schedule, the client must make a payment of 30% of the total activity cost as a deposit, after communicating with the company representative to know the exact amount to be paid.
4.3. Payment Methods
Payment for the contracted services may be made by:
- Cash payment
- Bank transfer
- Bizum
4.4. Payment Deadlines
Full payment can be made before the activity takes place, and at the latest, the total payment must be completed immediately after finishing the contracted activity.
5. Cancellation Policy
5.1. Cancellation by the User
The user may cancel the contracted services under the following conditions:
- If the client cancels the activity more than 9 days before the activity:
- An attempt will be made to reschedule by consulting with the clients to find the best option, or alternatively, the guide will propose another option, if applicable, and if the clients want to carry out the activity elsewhere, or alternatively, another type of activity, provided that the new date is close to the original one and can fit into the scheduled activities agenda; otherwise, we will proceed to the next point:
- If no agreement can be reached as explained in the previous section, either due to the impossibility of changing dates, unwillingness to change location or activity, or simply not wanting to carry out any activity with the company, the total amount paid as a deposit (the 30% already paid for the activity) will be refunded.
- If the client cancels within 9 days before the activity:
- An attempt will be made to reschedule by consulting with the clients to find the best option, or alternatively, the guide will propose another option, if applicable, and if the clients want to carry out the activity elsewhere, or alternatively, another type of activity, provided that the new date is close to the original one and can fit into the scheduled activities agenda; otherwise, we will proceed to the next point:
- If no agreement can be reached as explained in the previous section, whether due to the inability to change dates, unwillingness to change location or activity, or simply not wanting to participate in any activity with the company, the client would lose 20% of the total amount paid in advance as a reservation fee.
- If the client cancels the activity within 72 hours prior to it: no amount paid up to that point will be refunded, and the client will lose 30% of the total activity cost.
5.2. Cancellation by the Company
The Company reserves the right to cancel any activity in cases of adverse weather conditions, insufficient registrations, flow conditions, safety issues, or any other justified cause. In such cases, the user will have the right to choose between a full refund of the amount paid or rescheduling the activity, with this being the order of priority to be followed by the guide in such cases:
a) An attempt will be made to change the date by consulting with the clients to find the best option, or failing that, the guide will propose a Plan B as an alternative, trying to find another location to carry out the contracted activity.
If that is also not possible or no agreement is reached, a Plan C will be proposed, which would consist of a different type of activity from the contracted one but always ensuring the client’s fun, enjoyment, and safety.
b) If no agreement can be reached as explained in the previous section, either due to the inability to change dates, unwillingness to change location or activity, the total amount paid in advance as a reservation (that 20% already paid for the activity) will be refunded.
6. Intellectual and Industrial Property
6.1. Intellectual Property Rights
All content, trademarks, logos, designs, documentation, software, or any other material susceptible to protection under intellectual and industrial property legislation, accessible on the website or any other medium of the Company, belong exclusively to the Company or its legitimate owners, and all rights are expressly reserved, with Javier Otxandorena Genua (whose details appear in section number 6.6) being the holder of all these rights and licenses.
6.2. Use of the Content
The user agrees not to reproduce, copy, distribute, allow public access through any form of public communication, transform, or modify the content, unless authorized by the aforementioned rights holder or if legally permitted.
7. Personal Data Processing
7.1. Data Collection
In compliance with current personal data protection regulations, the Company informs the user that the personal data collected will be included in an automated file under the responsibility of the Company, for the purpose of managing the contractual relationship and keeping them informed about our services.
7.2. Users’ Rights
The user may exercise the rights of access, correction, cancellation, and objection through a written request addressed to [info@iparadventure.com] or to the Company’s physical address.
7.3. Data Security
The Company commits to handling the user’s personal data confidentially and to implementing the necessary security measures to prevent alteration, loss, processing, or unauthorized access, in accordance with the current state of technology and the nature of the stored data.
8. Grounds for Contract Termination
8.1. Termination Due to Breach
The contract may be terminated by either party in the event of a serious breach of contractual obligations by the other party. Examples of serious breaches include:
- Failure to pay for services by the agreed deadlines.
- Failure to comply with the safety measures specified by the guide at the time of the activity.
- Non-provision of the services agreed upon by the Company.
- Submission of false data.
- Violation of confidentiality clauses.
8.2. Termination by Mutual Agreement
The contract may be terminated at any time by mutual agreement of the parties. In this case, the parties must formalize the termination in writing, specifying the conditions under which the termination occurs and any pending obligations that must be fulfilled.
8.3. Termination Due to Force Majeure
The contract may be terminated in the event of force majeure that prevents either party from fulfilling their contractual obligations. Force majeure shall be understood as any unforeseeable or unavoidable event beyond the control of the parties, including but not limited to:
- Natural disasters (earthquakes, floods, hurricanes, etc.).
- Wars or armed conflicts.
- Terrorist acts.
- Pandemics or epidemics.
- Prolonged interruptions of essential public services (electricity, water, internet).
8.4. Termination by Company’s Decision
The Company reserves the right to unilaterally terminate the contract if the user breaches the Website’s usage rules, the Company’s policies, or any applicable legal provision. Examples include:
- Improper or fraudulent use of the Website.
- Violation of intellectual property policies.
- Abusive, offensive, or illegal behavior by the user.
- Inappropriate behavior by the client.
8.5. Consequences of Termination
In the event of contract termination, the parties must fulfill any outstanding obligations incurred before the termination date. The termination of the contract will not affect the rights and responsibilities acquired by the parties prior to termination.
9. Right of Exclusion
9.1. Inappropriate Conduct
The Company reserves the right to exclude, without prior notice, any user from the offered activities and services if it considers their behavior inappropriate, dangerous, illegal, or contrary to the Company’s rules and policies. Examples of inappropriate behavior include, but are not limited to:
- Aggressive or violent behavior towards other participants or staff.
- Consumption of alcohol or drugs before or during the activity.
- Disrespecting the safety instructions provided by the guides or monitors.
- Acts of vandalism or damage to the Company’s materials.
9.2. Non-Compliance with Safety Rules
The Company reserves the right to exclude any user who does not comply with the established safety rules for the activities. This includes, but is not limited to:
- Not using the provided safety equipment properly.
- Refusing to follow the instructions of the Company staff.
- Performing acts that put their own safety or the safety of other participants at risk.
9.3. Exclusion Due to Medical Conditions
The Company reserves the right to exclude any user who does not meet the necessary medical requirements to participate in the activities. It is the user’s responsibility to inform the Company of any medical condition that may affect their participation in the activity. The Company may require a medical certificate certifying the user’s fitness to perform certain activities.
9.4. Exclusion Due to Non-Payment
The Company reserves the right to exclude any user who has not met the agreed payment terms. In case of non-payment, the Company may cancel the user’s reservation and deny access to the contracted activities.
9.5. Consequences of Exclusion
In the event of exclusion, the user will not be entitled to any refund for the contracted services. The Company reserves the right to take appropriate legal action in case of damages or harm caused by the excluded user.
10. Use of Safety Elements, Equipment, and Materials
10.1. Compliance with Regulations
The Company commits to comply with all current regulations regarding the use of safety elements and materials during active tourism activities. All equipment used is certified and meets the safety standards required by applicable legislation.
10.2. Condition and Maintenance of Materials
The Company guarantees that all safety equipment used in activities, including but not limited to harnesses, helmets, ropes, life jackets, carabiners, anchor lines, shackles, and any other protective gear, is in good condition and regularly inspected and maintained to ensure proper operation and safety.
10.3. Training and Supervision
The Company’s staff is properly qualified and has received the necessary training for handling and supervising the safety equipment. During activities, our guides and monitors ensure that all participants use the equipment correctly and safely.
10.4. User Responsibility
The user agrees to follow all instructions and recommendations provided by the Company’s staff regarding the use of the safety equipment. The Company will not be liable for damages or harm resulting from incorrect or negligent use of the equipment by the user. In case of loss or damage to the equipment or materials, the Company may request 50% of the current market price for the lost or damaged equipment/material.
If the client notices any defect, imperfection, or even breakage in any safety item, they are requested to immediately inform the guide of what happened.
10.5. Inspection and Replacement
The Company conducts regular inspections of the safety equipment before each activity. If any defect or wear is detected, the equipment will be replaced immediately to ensure the safety of participants.
11. Participation of Minors
11.1. Consent of Parents or Legal Guardians
For a minor to participate in the active tourism activities offered by the Company, it is mandatory that their parents or legal guardians complete and sign a consent form prior to the activity. This form must be submitted before the start of the activity.
11.2. Consent Form Content
The consent form shall include, among others, the following points:
- Personal information of the minor and the parent, guardian, or legal guardian.
- Statement of consent for the minor’s participation in the activity.
- Relevant health information about the minor that should be taken into account for the activity.
- Acceptance of the Company’s general terms and conditions and applicable safety rules.
- Waiver of liability of the Company in case the minor fails to comply with the safety rules.
11.3. Supervision and Responsibility
Although parents or legal guardians do not accompany the minor during the activity, it is the responsibility of the parent or legal guardian to ensure that the minor understands and is willing to follow all instructions and safety rules provided by the Company and its staff.
11.4. Exclusion of Minors
The Company reserves the right to exclude any minor who does not comply with safety rules, staff instructions, or whose behavior is considered inappropriate or dangerous. In case of exclusion, the minor must leave the activity immediately, and the parents or legal guardians will be notified.
11.5. Emergency Contact
The consent form must include an emergency contact number for the parents or legal guardians so that the Company can communicate immediately in case of any event affecting the minor during the activity.
11.6. Acceptance of Liability
By signing the consent form, parents or legal guardians accept all the conditions and terms established by the Company for the execution of the activity, including exemption from liability for damages or harm that may arise from the minor’s participation, provided that the Company has complied with all established safety rules and procedures.
12. Accident and Civil Liability Insurance
12.1. Accident Insurance
The Company holds accident insurance that covers participants during the contracted activities. This insurance covers medical expenses resulting from accidents occurring during the activity, as well as necessary healthcare and, if applicable, the rescue and transfer of those affected.
12.2. Civil Liability
The Company has civil liability insurance that covers damages and losses that users or third parties may suffer as a consequence of performing active tourism activities. This insurance aims to guarantee compensation for bodily or material damages that may occur due to possible negligence or errors in the provision of our services.
12.3. ACC Insurance Data and Coverage.
- Insurance Brokerage: GALIA Risk and Asset Management S.L
- Insurer: Previs Seguros, Balearic Forecast, Social Forecast Mutual
- Policy Number: 4020011261-0
- Coverage:
– 2801: Death due to accident: 7,500 €
– 2817: Permanent absolute disability due to accident: 15,000 €
– 2845: Disability due to accident according to scale: 15,000 €
– Accident medical care: Up to 30,000 €
– Search, salvage, and rescue expenses: 12,000 €
– Medical expenses at contracted centers: UNLIMITED
– Medical expenses at centers of free choice: 12,000 €
– Geographic coverage: WORLDWIDE (Except USA and Canada)
12.4. Liability Insurance Data and Coverages
- Insurance brokerage: GALIA Risk and Asset Management S.L
- Insurer: Lloyd’s, Iberian Insurance Group
- Policy number: LLO2023000184
- Coverages:
– Professional Civil Liability: 1,000,000 €
– Sub-limit per victim: 600,000 €
– Geographic coverage: WORLDWIDE (Except USA and Canada)
12.5. Exclusions
The following incidents are excluded from accident and civil liability insurance coverage:
- User negligence or recklessness.
- Failure to comply with instructions and safety rules provided by guides or instructors.
- Pre-existing medical conditions of the user not previously communicated to the Company.
- Acts of vandalism, violence, or reckless behavior by the user.
12.6. Data of the insured and company responsible
In accordance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following is disclosed:
- Company Name: Ipar Adventure
- Name and Surname / Corporate Name: Javier Otxandorena Genua
- Tax ID (NIF): 44562338-E
- Email: info@iparadventure.com
13. Other Specific Contractual Aspects
13.1. Personal Equipment
13.3.1. User Responsibility
The user is responsible for bringing the appropriate personal equipment for the activity, including suitable clothing and footwear. The Company will provide a list of recommended personal equipment necessary for each activity.
13.3.2. Equipment Provision
The Company will provide all specific equipment required for the safe conduct of the activity, such as harnesses, helmets, life jackets, etc. All equipment provided will be in good condition and comply with current safety regulations.
13.2. Photographs and Videos
13.2.1. Use of Images
The user agrees that the Company may take photographs and videos during the activities for promotional purposes. If the user does not wish to appear in such material, they must inform the Company in writing before the activity takes place.
13.2.2. Image Rights
By participating in the activities, the user grants the Company the rights to use their image for the promotion of the Company’s services, in any communication medium, whether digital or printed.
13.3. Transportation
13.3.1. Exclusion of Transportation
Transportation to and from the activity location is not included in the price. It is the user’s responsibility to arrange their own transportation. The Company may provide information and recommendations about transportation options but is not responsible for the user’s transportation arrangements.
14. Applicable Law and Jurisdiction
These General Conditions are governed by Spanish law. For the resolution of any dispute that may arise regarding their validity, execution, compliance, or total or partial termination, the parties, expressly waiving their own jurisdiction if applicable, submit to the jurisdiction of the Courts and Tribunals of Irún (Gipuzkoa).