TERMS AND CONDITIONS OF SALE AND PRIVACY POLICY

I. PRIVACY POLICY
In compliance with 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, and with Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, you are hereby informed that the personal data you provide through the website https://www.montgarri.com (hereinafter, the “Website”) will be processed under the following terms:

Data Controller
The personal data collected through this Website will be processed by the company administrator, with address for the exercise of rights at Refugi Amics de Montgarri, afores 3, 25598 Naut Aran, email: aranmushing@gmail.com.

Purposes of processing

To provide you with information about our products and services, when you request it through the Website forms or by email.
To respond to and manage your enquiries, comments and suggestions, where applicable.
To manage your participation in current and future recruitment processes, when you provide us with your data (including your CV) for that purpose.
To manage your booking, should you make a reservation through the Website.
For the purpose of obtaining information about the use of the Website, the number of pages visited, number of visits, visitor activity and frequency of use are analysed. For these purposes, the CONTROLLER uses statistical information prepared by the Internet Service Provider, which does not allow the data subject to be identified at any time.

Legal basis
Consent. Personal data obtained through the Website forms will be processed solely on the basis of the data subject’s consent, given by accepting the checkbox provided for that purpose. This consent may be withdrawn at any time.
Legitimate interest of the controller. Statistical information obtained from the Website will be processed on the basis of the controller’s legitimate interest. This information does not allow the user to be identified.
Performance of a contract. Processing carried out for the management of orders placed through the online shop is based on the performance of a contract to which the data subject is a party, or on the application, at the data subject’s request, of pre-contractual measures.

Recipients
Personal data obtained through the Website may be disclosed to the relevant financial institution when necessary to process payment for orders placed, as well as to the courier/delivery company where required.

Retention
Personal data provided by the user to receive commercial communications will be retained until the data subject requests deletion or withdraws consent.
When the user submits personal data to participate in recruitment processes of the CONTROLLER, the data will be processed for current recruitment processes and, if the user is not selected, the personal data will be retained for a period of five years in order to be able to consider the user for future processes.
When the user submits data to contact the CONTROLLER, make enquiries or suggestions, the data will be retained as long as necessary for that purpose and for any liabilities that may arise from the processing.
Traffic, statistical and website visit data: the data will be retained for a period of five years.

Rights
You may exercise your rights of access, rectification, erasure and portability of your data, as well as restriction and objection to processing, by written request accompanied by an official document identifying you, addressed to Montgarri Outdoor S.L. – Refugi Amics de Montgarri, afores 3, 25598 Naut Aran. Email: aranmushing@gmail.com. If you disagree with the processing, you also have the right to lodge a complaint with the Spanish Data Protection Agency (www.aepd.es).

Minors’ data protection policy
Anyone who provides data through the forms on this Website and accepts its processing formally declares that they are over 18 years of age. Access to and use of the portal by persons under 18 years of age is prohibited.
The CONTROLLER reminds adults who are responsible for minors that it will be their sole responsibility if a minor provides their data to request any product.
Users are also informed that there are software programs to limit browsing by filtering or blocking certain content.

Processing derived from the use of social media
By following our profile on social media, you expressly consent to the processing of your personal data in accordance with the privacy policy of the relevant social network. You also expressly consent to the CONTROLLER accessing the data contained in your profile and to news published about any product of the CONTROLLER appearing on your wall/feed. Your request to connect necessarily implies your consent to the processing indicated above, which is the legal basis for the processing. Data will be retained until the data subject objects or withdraws consent, and consent may be withdrawn at any time.
Comments and content published on social media will become public information, so users should exercise particular caution when deciding to share personal information. The CONTROLLER is not responsible for the information users post on the page. However, persons whose personal data are published or included in comments may request the CONTROLLER to delete them.

II. LEGAL NOTICE
Identification
In compliance with the duty of information set out in Article 10 of Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce, MONTGARRI OUTDOOR S.L. informs you that the details provided herein correspond to the entity that owns the website https://www.montgarri.com.
Company name: MONTGARRI OUTDOOR S.L.
Address: Refugi Amics de Montgarri, afores 3, 25598 Naut Aran
Telephone: +34 616 772 105
Email: aranmushing@gmail.com
Tax ID (CIF): B 25703380

Intellectual and industrial property
All industrial and intellectual property rights over all elements contained on this Website, including trademarks, formats, graphic designs, texts, images and documents, belong to MONTGARRI OUTDOOR S.L. and are protected by Spanish and international laws on intellectual and industrial property. The full or partial reproduction of this Website and any of its contents is expressly prohibited without the express written permission of MONTGARRI OUTDOOR S.L.
Access to the Website does not imply any waiver, transfer, licence or assignment of such rights by MONTGARRI OUTDOOR S.L., unless expressly stated otherwise.

Terms of use
Access to this Website implies acceptance of these terms of use without reservation, which govern access to and use of the Website for the purpose of providing users with information about our products.
The use of the contents of this Website for commercial purposes or for distribution, transformation or communication is expressly prohibited.
MONTGARRI OUTDOOR S.L. shall not be liable for any consequence, damage or loss that may arise from such use of the information.
Both access to this Website and any use made of the information contained herein are the sole responsibility of the person who carries out such access/use.
The user undertakes not to use the information published on this Website for unlawful or harmful purposes or effects, not to damage or disable the information, and not to perform any other action that may be contrary to the content of this Legal Notice.
MONTGARRI OUTDOOR S.L. cannot guarantee the absence of interruptions or errors in access to this Website, although it will make its best efforts to avoid them.

Links to other websites
The links you may find on this Website are a service to users. These pages are not operated or controlled by MONTGARRI OUTDOOR S.L.; therefore, it is not responsible for the content of those websites, nor are they covered by this Legal Notice. If you access these websites, you should note that their privacy policies may differ from ours.

Applicable law and jurisdiction
This Legal Notice is governed by the Spanish legislation in force that is applicable to it.
For the resolution of disputes that may arise as a consequence of the provisions herein and their interpretation, application and compliance, the parties submit to the jurisdiction corresponding to the user’s place of residence.

GENERAL TERMS AND CONDITIONS

Introduction
This contractual document governs the General Terms and Conditions for contracting snowmobile excursions and/or dog sledding (hereinafter, the “Terms and Conditions”) through the website https://www.montgarri.com, owned by Montgarri Outdoor S.L., under the trade name MONTGARRI OUTDOOR, hereinafter, the SERVICE PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Terms and Conditions will remain published on the Website and available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the SERVICE PROVIDER. It is the USER’s responsibility to read them periodically, as those in force at the time of placing orders will apply.
Contracts shall not be subject to any formality except in cases expressly stated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:

Has read, understands and comprehends what is stated herein.
Has sufficient legal capacity to enter into a contract.
Assumes all obligations set forth herein.
These conditions are of indefinite duration and apply to all contracts entered into through the SERVICE PROVIDER’s Website.
The SERVICE PROVIDER informs that the business is responsible and aware of the legislation in force and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions implemented prior to the modification.

Identity of the contracting parties
On the one hand, the SERVICE PROVIDER of the snowmobile excursions and/or dog sledding contracted by the USER is Montgarri Outdoor S.L., with registered office at Refugi Amics de Montgarri, afores 3, 25598 Naut Aran, Tax ID (CIF) B25703380, and customer/USER service telephone +34 616 772 105.
On the other hand, the USER, who contracts a snowmobile and/or dog sled excursion through the Website, and who is responsible for the accuracy of the personal data provided to the SERVICE PROVIDER.

Subject of the contract
The purpose of this contract is to regulate the contractual relationship for snowmobile excursions and/or dog sledding that arises between the SERVICE PROVIDER and the USER at the moment the USER accepts, during the online contracting process, the corresponding checkbox.
The contractual relationship entails the performance, in exchange for a specific price determined and publicly displayed on the Website, of a specific snowmobile excursion and/or dog sled excursion.

Contracting procedure
In order to access the services offered by the SERVICE PROVIDER, the USER must be of legal age and reserve/purchase a snowmobile excursion and/or dog sled excursion through the Website by entering personal data. Therefore, the USER must freely and voluntarily provide the required personal data, which will be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD), as detailed in the Legal Notice and Privacy Policy of this Website.
In accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:

General contracting clauses.
Service activation.
Right of withdrawal (cancellations).
Complaints and online dispute resolution.
Force majeure.
Competence.
General aspects of the offer.
Price and validity period of the offer.
Transport costs.
Payment method, charges and discounts.
Purchase process.
Severability and suspension or termination of the contract.
Applicable law and jurisdiction.
GENERAL CONTRACTING CLAUSES
Unless otherwise agreed in writing, making a reservation with the SERVICE PROVIDER implies the USER’s acceptance of these legal conditions. No stipulation made by the USER may differ from those of the SERVICE PROVIDER unless expressly accepted in advance and in writing by the SERVICE PROVIDER.
SERVICE ACTIVATION
The SERVICE PROVIDER will inform the USER in advance about the procedure to be followed to carry out the snowmobile excursion and/or dog sledding.
The automatic availability and price calculation system allows the USER to choose the snowmobile excursion and/or dog sledding and any extra services of interest and to make immediate payment (partial or total) online or, alternatively, by bank transfer.
The SERVICE PROVIDER will not reserve the snowmobile and/or dog sled excursion until it has verified that payment has been made. Once payment is verified, the SERVICE PROVIDER will contact the USER by email to confirm the reservation, provided availability has been confirmed.

3.A) CANCELLATIONS (RIGHT OF WITHDRAWAL)
The USER has a period of fourteen calendar days, counted from the activation of the reservation or from the conclusion of the contract, to exercise the right of withdrawal. If the SERVICE PROVIDER has not complied with the duty to provide information and documentation on the right of withdrawal, the period for exercising it will end twelve months after the expiry date of the initial withdrawal period (Article 71 of Law 3/2014 of 27 March).
The right of withdrawal shall not apply in the following cases:

Once the service has been fully performed, when performance has begun with the prior express consent of the SERVICE PROVIDER and the USER, and with the USER’s acknowledgement that, once the contract has been fully performed by the SERVICE PROVIDER, the USER will have lost the right of withdrawal.

Any refund must be communicated to the SERVICE PROVIDER by requesting a refund by email to aranmushing@gmail.com, indicating the reservation number.
In the event of a refund, the USER may be penalised for the items indicated below:

Cancellation fees:
RESERVATIONS FOR ONE SLED AND/OR ONE OR TWO SNOWMOBILES
Bridges/long weekends, weekends, public holidays and high season:

Less than 48 hours’ notice: 100% penalty.
72 hours’ notice: 50% penalty.
Monday to Friday for the rest of the season:
24 hours’ notice: 100% penalty.
48 hours’ notice: 50% penalty.
72 hours’ notice: 25% penalty.

Date changes
Bridges/long weekends, weekends, public holidays and high season:

Date changes may be made with 5 days’ notice and up to 48 hours before the activity, provided there is availability for the alternative day.
Changes with less than 48 hours’ notice: 50% penalty.
Changes with less than 48 hours are not accepted. The reservation is considered cancelled and cancellation fees apply.

Changes from Monday to Friday (except from 23 December 2024 to 6 January 2025 and except the entire month of February)

Date changes may be made with 5 days’ notice and up to 48 hours before the activity, provided there is availability for the alternative day.
Changes with less than 48 hours’ notice: 25% penalty.

Weather conditions
If weather conditions prevent the activities from being carried out safely (for example, due to avalanche risk), the date of the activity will be changed or 100% of the activity amount will be refunded.
In all cases, it will always be the service provider (Montgarri Outdoor S.L.) who will decide, under its responsibility, when to cancel the activities.
If the access road to Pla de Beret is closed and the activity date cannot be changed, 100% of the activity amount will be refunded.
If the client cannot access Beret by their own means (snowy road, lack of snow chains, etc.), they must notify Montgarri Outdoor at least 2 hours in advance.
If the road is snowy and the client, by their own decision and without consulting Montgarri Outdoor, cancels or does not show up for the activity, the company reserves the right to charge 100%.

Cancellations due to illness
In the event of cancellation due to illness of an adult participant, the amount of the booking for the ill participant will be refunded. An official medical certificate from a hospital dated the day before or the same day as the excursion must be provided. If the remaining accompanying participants cancel, 100% of their booking will be charged.

Children under 10 years old
In the event of cancellation due to illness of a participant under 10 years old, the amount of the booking for the ill participant and the amount of the booking for one adult will be refunded. An official medical certificate from a hospital dated the day before or the same day as the excursion must be provided. If the remaining accompanying participants cancel, 100% of their booking will be charged.

GROUP BOOKINGS WITH MORE THAN ONE SLED AND/OR MORE THAN TWO SNOWMOBILES
These groups have specific cancellation conditions.

Conditions for Groups
Booking conditions are based on the Montgarri Outdoor price list for the Winter Season 2024/2025.

To participate in any Montgarri Outdoor activity, the client must accept the booking conditions.

A booking is considered reserved and confirmed when the client pays 100% of the cost of the contracted activity.

Payment methods: reservations must be paid by credit card.

Montgarri Outdoor will send the client a TICKET-VOUCHER by email for the activity, including a booking code (reference number). The client must present their TICKET-VOUCHER at the Montgarri Outdoor office to carry out the activity.

CANCELLATION CONDITIONS
Groups with more than one sled and/or more than two snowmobiles:
These bookings have specific cancellation conditions:

Date changes are not allowed.

20 days in advance: 100% penalty.

30 days in advance: 75% penalty.

If the booking is made less than 20 days in advance and is cancelled, a 100% penalty will always apply.

Cancellations due to Weather Conditions:
If weather conditions prevent the activities from being carried out safely, the date of the activity will be changed or 100% of the activity amount will be refunded.
In all cases, Montgarri Outdoor will always decide, under its responsibility, when to cancel or reschedule the activities.
If the access road to Pla de Beret is closed and the activity date cannot be changed, 100% of the activity amount will be refunded.
If the client is unable to access Beret by their own means (snowy road, use of chains, etc.), they must consult Montgarri Outdoor.
If the road is snowy and the client, by their own decision and without consulting Montgarri Outdoor, cancels the activity or does not show up, the company reserves the right to charge 100%.

Cancellations due to Illness:
In case of cancellation due to illness of an adult participant, the reservation amount of the ill participant will be refunded. An official medical certificate from a hospital dated the day before or the same day as the excursion must be provided. If the remaining companions cancel, 100% will be charged.

Children under 10 years old:
In case of cancellation due to illness of a participant under 10 years old, the reservation amount of the ill participant and the reservation amount of one adult will be refunded. An official medical certificate from a hospital dated the day before or the same day as the excursion must be provided. If the remaining companions cancel, 100% will be charged.

Bank transfers
Bank transfer fees will be paid by the client.

Important notes
Montgarri Outdoor S.L. understands that our clients are aware that they are contracting an outdoor adventure activity in the mountains.
To carry out our activities, Montgarri Outdoor expects our clients to be informed about typical high-mountain weather conditions, where temperatures can often be below zero degrees Celsius, visibility may be poor, and participants may be exposed to setbacks and adversities related to weather circumstances.
To take part in our activities, the use of mountain or ski equipment is required (anorak/jacket, waterproof trousers, gloves, hat, sunglasses, etc.).
Montgarri Outdoor S.L. understands that the client is aware of the points mentioned above and participates voluntarily in our activities. By contracting Montgarri Outdoor S.L. activities, the client accepts all points mentioned up to here.

3.B) DEPOSIT
For the rental of the snowmobile or buggy, a deposit of EUR 300 or EUR 500 will be charged depending on the number of vehicles rented. This deposit will be charged by Visa card and returned at the end of the excursion except in the following cases:
1- The snowmobile has suffered any damage during the rental.
2- The driver has committed an infringement or conflict that may be sanctioned by the competent authorities.

In any of these cases, the deposit will be retained until the total cost derived from the reason for retention is known. If the cost is lower than the retained deposit, the remaining amount will be refunded. If the retained deposit is lower than the total cost derived from the reason for retention, the remaining amount may be claimed until the total is covered.

IN CASE OF ACCIDENT
Montgarri Outdoor has taken out two insurance policies: civil liability and personal accident insurance, required by law (Decree Law 56/2003 of 4 February of the Generalitat of Catalonia).
Montgarri Outdoor holds a municipal licence from the Naut Aran City Council for the development of all its activities.
Our civil liability insurance company does not accept claims in the event of pregnancy.
All our activities are covered by accident insurance for all participants.

COMPLAINTS AND ONLINE DISPUTE RESOLUTION
Any complaint the USER deems appropriate will be dealt with as quickly as possible and may be submitted to the following contact addresses:
Postal: Montgarri Outdoor S.L., Refugi Amics de Montgarri, afores 3 – 25598 Naut Aran
Telephone: +34 616 772 105
Email: aranmushing@gmail.com

Online dispute resolution (ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the SERVICE PROVIDER, without the need to resort to the courts, through the intervention of a third party called a dispute resolution body, acting as an intermediary between both parties. This body is neutral and will engage in dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/

FORCE MAJEURE
In circumstances of force majeure or exceptional circumstances, for example, if there are serious safety problems at the destination that may affect the performance of the snowmobile and/or dog sled excursions, the USER may terminate the contract before the start of the contracted excursion. The parties will not incur liability for any failure due to force majeure. Performance of the obligation will be delayed until the force majeure event ceases.
COMPETENCE
The USER may not assign, transfer or convey the contracted rights, responsibilities and obligations.
If any provision of these conditions is considered null or impossible to fulfil, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor modified in any manner.
The USER declares having read, understood and accepted these Terms and Conditions in their entirety.
GENERAL ASPECTS OF THE OFFER
The details of each snowmobile and/or dog sled excursion are provided to the USER in the corresponding description on the Website.
All reservations made by the SERVICE PROVIDER shall be understood to be subject to these Terms and Conditions.
No modification, alteration or agreement contrary to Montgarri Outdoor S.L.’s Commercial Proposal or to what is stipulated herein shall have effect unless expressly agreed in writing and signed by the SERVICE PROVIDER; in such case, those specific agreements shall prevail.
Given ongoing technical advances and service improvements, the SERVICE PROVIDER reserves the right to modify specifications with respect to information provided in advertising, provided this does not affect the value of the services offered.
Such modifications shall also be valid if, for any reason, the ability to supply the services offered is affected.
PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each snowmobile and/or dog sled excursion include Value Added Tax (VAT). Unless expressly stated otherwise, these prices do not include any additional or ancillary services.
The prices applicable to each service are those published on the Website and will be expressed in Euros. The USER assumes that the economic valuation of some services may vary in real time.
Before purchasing, the USER may check online all details of the quotation: services, quantities, price, availability, charges, discounts, taxes and the total booking amount.
Once the reservation has been made, prices will be maintained whether the service is available or not.
The price of snowmobile and/or dog sled excursions may only be increased if specific costs arise, for example fuel price increases, and if expressly stipulated in the contract, and in no case in the last twenty days prior to the start of the contracted excursion.
The SERVICE PROVIDER shall be responsible for errors due to technical defects in the reservation system attributable to it, as well as for errors made during the reservation process when the SERVICE PROVIDER has accepted to manage the reservation.
The SERVICE PROVIDER shall not be responsible for reservation errors attributable to the USER or caused by unavoidable and extraordinary circumstances.
If, after the start of the snowmobile and/or dog sled excursion, significant elements of the service cannot be provided, the SERVICE PROVIDER must offer the USER suitable alternative arrangements at no additional cost.
The USER shall be entitled to a price reduction and/or compensation for damages in the event of non-performance or improper performance of the services.
Any payment made to the SERVICE PROVIDER entails the issuance of an invoice in the USER’s name, which must be requested on our Website https://www.montgarri.com or by email to aranmushing@gmail.com.
The user must enter their name or company name as provided at the time of placing the order. If the user wishes to receive the invoice by email, they must request it through any of the means made available by the SERVICE PROVIDER, and are informed that they may revoke that decision at any time.
For any information about the order, the USER may contact the SERVICE PROVIDER via the customer service telephone +34 616 772 105 or by email to aranmushing@gmail.com.
TRANSPORT COSTS
There are no transport costs.
PAYMENT METHODS, CHARGES AND DISCOUNTS
The SERVICE PROVIDER is responsible for economic transactions and enables the following methods for paying for an order:

Credit card
Debit card
Bank transfer

Security measures
The Website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the USER accepts that the SERVICE PROVIDER obtains data for the purpose of authenticating access controls.
The SERVICE PROVIDER undertakes not to allow any transaction that is or may be considered illegal by credit card brands or the acquiring bank, or that may harm their goodwill or negatively influence them.
The following activities are prohibited under card brand programmes: the sale or offering of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant or Cardholder(s).

PURCHASE PROCESS
The Website has a search and consultation system for excursions by different parameters to facilitate booking:

Online purchase and reservation with immediate confirmation by email: prices for services (excursions) as stated on the Website and according to the USER’s selection.
The user may make the purchase and reservation online and modify it within the periods specified in these purchase terms and conditions, specifically point 3. Cancellations (right of withdrawal).
Price not available: if the service price is not available, the USER will be informed as soon as possible by email or telephone.

Select the date, number of adults and children and make the reservation. The selected services, quantity, price and total amount will be displayed.
From here, the reservation can be made by following these steps for proper completion:

Verification of the user’s details.
Verification of service availability.
Selection of payment method.
Make the reservation.

Once the reservation is processed, the system instantly sends an email to the SERVICE PROVIDER’s management department and another to the USER’s email confirming the reservation.

SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions is deemed illegal, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
The SERVICE PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, where the USER fails to comply with any of the obligations set out herein or with any applicable legal provision, licence, regulation, directive, code of practice or usage policy.
If the SERVICE PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy available to the SERVICE PROVIDER.
APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by and interpreted in accordance with Spanish law in matters not expressly established herein. The SERVICE PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s place of residence any dispute that may arise from the provision of the products or services covered by these Terms and Conditions.
If the USER’s place of residence is outside Spain, the SERVICE PROVIDER and the USER expressly waive any other jurisdiction and submit to the dispute resolution body that will act as intermediary between both parties in accordance with Article 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts. For more information, see clause “4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION” of these Terms and Conditions.