PRIVACY POLICY AND LEGAL NOTICE
I. PRIVACY POLICY
In compliance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, you are informed that the personal data provided by you through the website https://www.montgarri.com (hereinafter the site website), will be treated in the following terms:
Responsible for the treatment
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 aranmushing@gmail.com.
Treatment purposes
- Inform you about our products and services, when requested through the forms on the website or by email.
- Answer and manage your queries, comments and suggestions, if applicable.
- Manage your participation in present and future selection processes, when you send us your data (including your resume) for this purpose.
- Manage your reservation, in case you make a reservation through the website.
- In order to obtain information on the use of the website, the number of pages visited, the number of visits, as well as the activity of visitors and their frequency of use are analyzed. For these purposes, the CONTROLLER uses statistical information prepared by the Internet Service Provider that does not allow the interested party to be identified at any time.
Legitimation
Consent . The personal data obtained through the forms on the website will be processed solely based on the consent granted by the interested party, through acceptance of the box provided for this purpose. This consent can be withdrawn at any time.
Legitimate interest of the person responsible . The statistical information obtained from the website will be processed based on the legitimate interest of the person responsible. This information does not allow the user to be identified.
Execution of a contract . The processing carried out for the management of orders requested through the online store is based on the execution of a contract in which the interested party is a party or for the application of pre-contractual measures at their request.
Recipients
The personal data obtained through the website may be communicated to the corresponding financial institution when necessary to manage the payment of orders placed, as well as to the courier company, when necessary.
Conservation
The personal data provided by the user to receive commercial communications will be kept as long as the interested party does not request its deletion or withdraw their consent.
When the user sends their personal data to participate in selection processes of the CONTROLLER, the data will be processed to participate in these selection processes, and if they are not selected, their personal data will be kept for a period of five years in order to be able to count on their participation in future processes.
When the user sends their data to contact the CONTROLLER, make queries or make suggestions, the data will be kept as long as it is necessary for this purpose and responsibilities may arise from the processing.
Traffic, statistical and web visit data: the data will be kept for a period of five years.
Rights
You can exercise your rights of access, rectification, deletion and portability of your data, limitation and opposition to its processing, by writing accompanied by an official document that identifies you addressed to Montgarri Outdoor SL – Refugi Amics de Montgarri, afores 3, 25598 Naut Aran . Email: aranmushing@gmail.com. In case of disagreement with the treatment, you also have the right to file a claim with the Spanish Data Protection Agency (www.aepd.es).
Minor protection policy
Whoever provides the data through the forms on this Website and accepts its processing formally declares to be over 18 years of age. Access and use of the portal is prohibited for minors under 18 years of age.
The CONTROLLER reminds adults who have minors in their care that it will be their sole responsibility if a minor incorporates their data to request a product.
It also informs them that there are computer programs to limit navigation by filtering or blocking certain content.
Treatment derived from the use of social networks
By following our profile on social networks, you expressly consent to the processing of your personal data in accordance with the privacy policy of the corresponding social network. Likewise, you expressly consent to the CONTROLLER’s access to the processing of your data contained in your profile and that the news published about any product of the CONTROLLER appear on your wall. Your request to connect necessarily implies your consent for the indicated treatments, this being the legal basis of the treatment. The data will be kept as long as the interested party does not request opposition or withdraw their consent, and may withdraw this at any time.
The publication of comments and content on social networks will become public information, so users should be especially cautious when they decide to share their personal information. The CONTROLLER is not responsible for the information that users include on the page. However, people whose personal data are published or included in comments may request the CONTROLLER to cancel them.
II. LEGAL WARNING
ID
In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, MONTGARRI OUTDOR SL, informs you that the data contained here corresponds to the entity that owns the website https://www.montgarri.com.
Name: MONTGARRI OUTDOOR SL
Address: Refugi Amics de Montgarri, afores 3, 25598 Naut Aran
Telephone: +34 616 772 105
Email: aranmushing@gmail.com
CIF: B 25703380
Intellectual and industrial property
All Industrial and Intellectual Property rights of all elements contained in this website, including trademarks, formats, graphic designs, texts, images and documents, belong to MONTGARRI OUTDOOR SL and are protected by Spanish and international laws. on Intellectual and Industrial property. The total or partial reproduction of this website and any of its contents is expressly prohibited without the express written permission of MONTGARRI OUTDOOR SL
Access to the website does not imply any type of waiver, transmission, license or assignment of said rights by MONTGARRI OUTDOOR SL, unless otherwise expressly established.
Terms of use
Access to this website implies acceptance of these conditions of use without reservations that regulate access and use of the same in order to make information about our products available to users.
The use of the contents of this website for commercial purposes or for distribution, transformation or communication is expressly prohibited.
MONTGARRI OUTDOOR SL will not be liable for any consequences, damages or losses that may arise from said use or use of the information.
Both access to this Website and the use that may be made of the information contained therein is the exclusive responsibility of the person doing so.
The user undertakes not to use the information published on this Website for illicit or harmful purposes or effects, not to damage or render the information useless and not to perform any other action that may be contrary to the content of this Legal Notice.
MONTGARRI OUTDOOR SL cannot guarantee the absence of interruptions or errors in access to this website, although it will make every effort to avoid them.
Links to other websites
The links that you can find on this Website are a service to users. These pages are not operated or controlled by MONTGARRI OUTDOOR SL, therefore, it is not responsible for the contents of these websites nor are they covered by this Legal Notice. If you access these websites, you should keep in mind that their privacy policies may be different from ours.
Applicable legislation and jurisdictional competence
This Legal Notice is governed by the current Spanish regulations that apply to it.
For the resolution of disputes that may arise as a consequence of the provisions of these provisions and their interpretation, application and compliance, the parties submit to the jurisdiction corresponding to the user’s domicile.
GENERAL CONTRACT CONDITIONS
Introduction
This contractual document will govern the General Conditions for contracting snowmobile and/or dog sledding excursions (hereinafter, “Conditions”) through the website https://www.montgarri.com, property of Montgarri Outdoor SL , under the trademark of MONTGARRI OUTDOOR, hereinafter, PROVIDER, whose contact information also appears in the Legal Notice of this Website.
These Conditions will remain published on the website available to the USER to reproduce and save as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER’s responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable.
The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document means that the USER:
- You’ve read, you understand and you’re agree with this text.
- It is a person with sufficient capacity to hire.
- Assume all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the business is responsible and knows the current legislation, and reserves the right to unilaterally modify the conditions, without this affecting the terms and conditions that were implemented prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the snowmobile and/or dog sledding excursions hired by the USER is Montgarri Outdoor SL, with registered office at Refugi Amics de Montgarri afores 3, 25598 Naut Aran, CIF B25703380 and with telephone number customer/USER service +34 616 772 105.
And on the other hand, the USER, who books a snowmobile and/or dog sledding excursion on the website, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual relationship of snowmobile and/or dog sledding excursions created between the PROVIDER and the USER at the time the USER accepts the corresponding box during the online contracting process.
The contractual relationship entails the execution, in exchange for a determined price and publicly displayed through the website, of a specific snowmobile and/or dog sledding excursion.
Hiring procedure
The USER, in order to access the services offered by the PROVIDER, must be of legal age and reserve/purchase a snowmobile and/or dog sledding excursion through the website by entering their personal data. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), relating to the protection of personal and detailed data in the Legal Notice and Privacy Policy of this website.
It is reported that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Activation of services.
3. Right of withdrawal (cancellations).
4. Claims and online dispute resolution.
5. Force majeure.
6. Competition.
7. Generalities of the offer.
8. Price and validity period of the offer.
9. Transportation costs.
10. Payment method, expenses and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless specifically stipulated in writing, making a reservation with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SERVICE ACTIVATION
The PROVIDER will inform the USER in advance about the procedure that must be followed to carry out the snowmobile and/or dog sled excursion.
The automatic system for calculating availability and prices allows the USER to choose the snowmobile and/or dog sledding excursion and all the extra services that interest them and immediately make the payment (partial or total) online or, failing that, , you can make a bank transfer.
THE PROVIDER will not reserve the snowmobile or dog sled excursion until it has verified that payment has been made. Once payment is verified, the PROVIDER will contact you by email to confirm the reservation. This term is understood as long as availability has been confirmed.
3. 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 PROVIDER has not complied with the duty of information and documentation regarding the right of withdrawal, the period for its exercise will end twelve months after the date of expiration of the initial withdrawal period (article 71 of Law 3/2014, of 27 of March).
The right of withdrawal may not be applied in the following cases:
- Once the service has been completely executed, when the execution has begun, with prior express consent of the PROVIDER and USER and with the recognition on their part that they are aware that, once the contract has been completely executed by the PROVIDER , you will have lost your right of withdrawal.
All returns must be communicated to the PROVIDER, requesting a return through the email aranmushing@gmail.com, indicating the reservation number.
In the event of a refund of the amount, the USER could be penalized for the concepts indicated below:
Annulment expenses:
RESERVATIONS OF ONE OR TWO SLEDGE AND/OR ONE OR TWO SNOWMOBILES
Long weekends, weekends, holidays and high season:
– Less than 48 hours notice: 100% penalty.
– 72 hours in advance: 50% penalty.
From Monday to Friday the rest of the season:
– 24 hours notice: 100% penalty.
– 48 hours in advance: 50% penalty.
– 72 hours days notice: 25% penalty.
Date changes
Long Weekends Weekends, holidays and high season:
-Reservation date changes may be made 5 days in advance and up to 48 hours before the activity and as long as there is availability for the alternative day.
-Changes with less than 48 hours notice: 50% penalty.
-Less than 48 hours changes are not allowed. The reservation is considered canceled and cancellation fees apply.
Changes from Monday to Friday (except from December 23, 2023 to January 7, 2024 and except for the entire month of February) -Reservation
date changes may be made 5 days in advance and up to 48 hours before the activity and as long as there is availability for the alternative day.
-Changes with less than 48 hours notice: 25% penalty.
Meteorological conditions:
In the event that weather conditions prevent the activities from being carried out safely (for example, due to the risk of avalanches), the date of the activity will be changed or 100% of the amount of the activity will be refunded.
In all cases, it will always be the provider (Montgarri Outdoor SL) who will decide, under its responsibility, when to cancel the activities.
In the event that the access road to Pla de Beret is closed and the date of the activity cannot be changed, 100% of the amount of the activity will be refunded.
If the client cannot access Beret on their own (snowy road, lack of chains, etc.), they must notify the Montgarri Outdoor company at least 2 hours in advance.
In the event that the road is snowy and the client, by their own decision and without consulting Montgarri Outdoor, cancels or does not show up to carry out 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 reservation for the sick participant will be refunded. Medical proof must be presented. If the rest of the companions cancel, they will be charged 100%.
Children under 10 years of age: in the event of cancellation due to illness of a participant under 10 years of age, the amount of the reservation for the sick participant and the amount of the reservation for an adult will be refunded. Medical proof must be presented. If the rest of the companions cancel, they will be charged 100%.
GROUP RESERVATIONS WITH RESERVATIONS OF MORE THAN TWO SLEDGE AND OR TWO SNOWMOBILES
These groups have specific cancellation conditions.
Conditions for groups
The booking conditions are based on the Montgarri Outdoor price list for the 2023/24 Winter Season.
- To practice any Montgarri Outdoor activity, the client must accept the booking conditions.
- For group reservations of more than nine people, 50% of the amount of the activity must be paid 60 days before the event. The remaining 50% must be paid 30 days before the event takes place.
A place is considered reserved and confirmed when the client pays 100% of the cost of the contracted activity.
Payment methods: reservations can be paid by credit card and/or bank transfer.
Montgarri Outdoor will send the client via email a TICKET-VOUCHER to carry out any activity with a reservation code (locator). The client will have to deliver their TICKET-VOUCHER to the Montgarri Outdoor office to carry out the activity.
CANCELLATION CONDITIONS
Groups of more than two sleds and or more than 2 of two snowmobiles:
These reservations will have specific cancellation conditions:
- Date changes are not allowed.
- 20 days in advance: 100% penalty.
- 30 days in advance: 75% penalty.
If the reservation is made less than 20 days in advance and is canceled, a 100% penalty will always be applied.
Cancellations due to weather conditions:
In the event that weather conditions prevent the activities from being carried out safely, the date of the activity will be changed or 100% of the amount of the activity will be refunded.
In all cases, it will always be Montgarri Outdoor who will decide, under its responsibility, when to cancel or change the date of the activities.
In the event that the access road to Pla de Beret is closed and the date of the activity cannot be changed, 100% of the amount of the activity will be refunded.
If the client cannot access Beret by their own means (snowy road, use of chains, etc.), they must consult the Montgarri Outdoor company.
In the event that the road is snowy and the client, by their own decision and without consulting Montgarri Outdoor, cancels the activity or does not show up to carry out the activity, the company reserves the right to charge 100%.
Cancellation due to illness:
In the event of cancellation due to illness of a participant over 10 years of age, the amount of the participant’s reservation will be refunded. Medical proof must be presented. If the rest of the companions cancel, they will be charged 100%.
Children under 10 years of age: in the event of cancellation due to illness of a participant under 10 years of age, the amount of the reservation of the sick participant and the amount of the reservation of an accompanying adult will be refunded. Medical proof must be presented. If the rest of the companions cancel, they will be charged 100%.
Bank transfers:
Bank transfer costs will be paid by the client.
Important observations
Montgarri Outdoor SL understands that our clients are aware that they are hiring an outdoor adventure activity in the mountains.
To carry out our activities, Montgarri Outdoor expects that our clients are informed of the typical high mountain weather conditions, where temperatures can often be below zero degrees Celsius, with poor visibility and are exposed to setbacks and adversities related to meteorological circumstances.
To practice our activities it is necessary to use equipment for mountain or ski activities (anorak, waterproof pants, gloves, hat, sunglasses, etc.).
Montgarri Outdoor SL understands that the client is aware of the aforementioned points and that he participates voluntarily in our activities. By contracting the activities of Montgarri Outdoor SL, the client accepts all the points mentioned up to this point.
IN CASE OF AN ACCIDENT
- Montgarri Outdoor has contracted 2 civil liability and personal accident insurance policies, required by law (Decree Law 56/2003 of February 4 of the Generalitat of Catalonia).
- Montgarri Outdoor has a municipal license from the Naut Aran City Council for the development of all its activities.
Accidents and damage to snowmobiles
In the event of an accident due to the negligence of the snowmobile driver, he will be responsible for any damage caused to the motorcycle (or vehicles involved).
4. CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
Postal: Montgarri Outdoor SL Refugi Amics de Montgarri afores 3 – 25598 Naut Aran
Telephone: +34 616 772 105
E-mail: aranmushing@gmail.com
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
In circumstances of force majeure or exceptional circumstances, for example, in the event that there are serious security problems at the destination that may affect the carrying out of snowmobile and/or dog sledding excursions, the USER may place termination of the contract before the start of the contracted excursion. The parties will not incur liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases.
6. COMPETITION
The USER may not assign, transfer or transmit the contracted rights, responsibilities and obligations.
If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these Conditions in their entirety.
7. GENERALITIES OF THE OFFER
The details of each snowmobile and/or dog sledding excursion are informed to the USER in their respective description on the website.
All reservations made by the PROVIDER will be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Montgarri Outdoor SL or what is stipulated here, will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
Given the continuous technical advances and improvements in services, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, until it does not affect the value of the services offered.
These modifications will also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each snowmobile and/or dog sledding excursion include Value Added Tax (VAT). These prices, unless expressly indicated otherwise, do not include any other additional services and annexes to the service purchased.
The prices applicable to each service are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.
Before making the purchase you can check all the details of the quote online: services, quantities, price, availability, charges, discounts, taxes and the total of the reservation.
Once the reservation is made, prices will be maintained whether the service is available or not.
The price of snowmobile and/or dog sledding tours may only be increased if specific expenses occur, for example, in fuel prices and if it is expressly stipulated in the contract, and in no case in the last twenty days prior to the start of the contracted excursion.
The PROVIDER will be responsible for errors due to technical defects that occur in the reservation system that are attributable to it, as well as for errors made during the reservation process, when the PROVIDER has agreed to manage the reservation.
The PROVIDER will not be responsible for reservation errors attributable to the USER or caused by unavoidable and extraordinary circumstances.
If, once the snowmobile and/or dog sledding excursion has begun, significant elements of it cannot be provided, the PROVIDER must offer the USER suitable alternative formulas, at no additional cost.
The USER will have the right to a price reduction and/or compensation for damages in case of non-execution or incorrect execution of the services.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the USER, which must be requested on our website https://www.montgarri.com or by email to the address aranmushing@gmail.com.
The user must register their name or the company name that they have informed at the time of placing the order. If you want to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke said decision at any time.
For any information about the order, the USER may contact the PROVIDER’s customer service phone number +34 616 772 105 or via email at the address aranmushing@gmail.com.
9. TRANSPORTATION EXPENSES
There are no transportation costs.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and allows the following ways to pay for an order:
- Credit card
- Debit
- Wire transfer
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purposes of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards.
11. PURCHASE PROCESS
The website has a system for searching and consulting excursions by different parameters to facilitate the reservation:
- Online purchase and reservation with immediate confirmation by email: Prices of the services (excursions) as stipulated on the website and in accordance with the choice made by the USER.
- The user may make the purchase and reservation online and modify it within the periods specified in these terms and conditions of purchase and specifically point 3. Cancellations (right of withdrawal).
- Price not available: If the price of the service 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 observed.
From here you can make the reservation by following the following steps for its correct formalization:
- Checking user data.
- Checking service availability.
- Selection of payment method.
- Make the reservation.
Once the reservation is processed, the system instantly sends an email to the PROVIDER’S management department and another to the USER’s email confirming the reservation.
12. DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
The 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, when the USER fails to comply or follow any of the obligations established herein. document or any applicable legal provision, license, regulation, directive, code of practice or usage policies.
When the 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 resource that may be available to the PROVIDER.
13. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any controversy that may arise from the provision of the products or services that are the subject of these Conditions.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/ 2013, without the need to resort to the courts of law. For more information see clause «4. CLAIMS AND ONLINE DISPUTE RESOLUTION» of these Conditions.