Bears & Waves is a Travel Booking Agency officially registered in the Registry of Tourist Intermediation Companies of the Principality of Asturias.
Bears & Waves is part of the agency Exploring Spain, which is in charge of the whole process of payment of reservations and collections to operate according to the Spanish tourism laws. Exploring Spain is part of the travel agency Muntania Outdoors S.L. (CICMA 2608) specialised in adventure trips and nature and mountain activities.
GENERAL CONDITIONS OF EXPLORING SPAIN AND BEARS&WAVES
(Registered Trademark and a subsidiary of MUNTANIA OUTDOORS, S.L.)
The general conditions described here are obtained from the current legislation and apply to all activities organized by Exploring Spain (Registered Trademark and a subsidiary of MUNTANIA OUTDOORS, S.L.) In addition, the particular conditions are described in the detailed programs of each activity.
These general conditions are subject to the provisions of Royal Legislative Decree 1/2007, which merges into a single text, the General Law for the Protection of Consumers and Users. Accordingly, the customer accepts these conditions when the reservation is made for an activity of Muntania and binds the parties with the program’s specific requirements to mandatory compliance.
The organization of these events (package tours) by Exploring Spain has been carried out by MUNTANIA OUTDOORS S.L. with travel agency license CIMA 2608, CIF B86305265 and registered office in Calle las Cruces 1 portal 2 2C 28491 Navacerrada. Muntania Outdoors S.L. commercially tours under its registered trademark MUNTANIA.
ACCEPTANCE OF GENERAL AND SPECIFIC CONDITIONS
The hiring of any event implies acceptance of each and every one of the general and specific conditions of the event. Thus, when hiring for the event, the customer must necessarily accept these Terms and Conditions by checking the option “I read and accept the General Conditions of Muntania Outdoors, S.L.” that appears on the purchase form on the website.
The services included in the final price of the event are indicated in the detailed program. The final price indicated includes taxes. In general, and unless otherwise stated in the detailed program, the final price of the event does not include the following:
– Transportation to and from the start and end points of the event, respectively (see section TRANSPORTATION CONTRACTED TO THIRD PARTIES).
– Visas for the countries visited during the event.
– Vaccination certificates for countries visited during the event.
– Entrance fees to monuments, national parks, and museums.
– Rental of gear for the realization of the activity or activities of the event.
– Rescue in case of an accident and any additional expenses that this could generate (see section 10 INSURANCE).
– Extras such as coffees, wines, liquors, mineral waters, special diets, not even full board or half board.
– Optional hotel services.
Independent services provided by third parties that MUNTANIA may suggest as optional in the detailed program of an event, such as transportation, excursions, or visits, are separate from the original contract. The publication of these suggestions in the detailed schedule is for information purposes only, and prices are estimates, and MUNTANIA shall not be liable for any possible variations thereof.
REGISTRATION AND CANCELLATION PROCEDURES
An event reservation can be made when the detailed program is published on the WEBSITE. The reservation does not imply any cost for the client. The reservation is made using the form designed for this purpose, which can be accessed from the “Book now” link in the detailed program of the event.
b) Confirmation of the reservation
The booking confirmation must be made once MUNTANIA verifies that the minimum group established for the event has been reached. The confirmation of the reservation implies the payment to MUNTANIA of:
– 30% of the price of the event.
– 100% of the price of the event (with the registration being settled).
In any case, if the customer would like to contract through MUNTANIA any independent service provided by third parties (such as transport, excursions, or visits), he/she would have to add 100% of the estimated price of the service or services to be contracted to the amount to be paid. The booking confirmation is made from the website through the link MUNTANIA sends to the customer by email. Failure to confirm the reservation may result in its cancellation.
c) Settlement of the registration
If the booking has been confirmed by paying 30% of the price of the event, the registration must be settled 21 days before the event’s start date. The settlement of the reservation means that the customer must pay MUNTANIA.
– the remaining amount of the price of the event (the registration is settled).
The booking confirmation is made from the website within the event to which one registers. The email received by the client once the booking process for the event has been completed is used as a contract. Failure to meet these deadlines may result in the cancellation of the reservation.
2 Cancellation procedure
The cancellation by the customer of a reservation before its confirmation does not involve any cost. However, the cancellation of a reservation, once confirmed, involves a penalty for the customer as compensation to MUNTANIA:
Once Muntania has confirmed an activity, the amount of the reservation payment will not be refunded in any case, as minimum management and cancellation fees. Therefore, depending on when the client notifies the cancellation of the trip/activity, the total costs will be as follows:
- Up to 22 days before the start of the activity, 30% of the amount of the activity corresponds to the payment of the reservation of the activity.
- From 21 to 10 days before the start of the activity, 30% of the amount of the activity corresponds to the payment of the reservation of the activity + 25% of the taxable base.
- From 9 to 3 days before the start of the activity, 30% of the amount of the activity corresponds to the payment of the reservation of the same + 50% of the taxable base.
- From 2 days to the day of the start of the activity, 100% of the trip’s price.
*Taxable base: the price of the activity minus the deposit.
Regardless of these penalties, MUNTANIA may ask the customer to pay the cancellation costs of third parties duly accredited by invoices if the non-recoverable amounts of third-party expenses exceed those described above.
In any case, if the customer had contracted through MUNTANIA any independent service provided by third parties (such as transport, excursions, or visits), it would be the customer who would manage any matter related to the cancellation of the contracted service.
MUNTANIA undertakes to provide its customers with all the services contracted under the stipulated conditions and characteristics, all by the following points:
a) If before the start date of the event, MUNTANIA is forced to significantly modify any essential aspect of the contract, including the price, MUNTANIA shall immediately notify the customer. In such an event, and unless otherwise agreed by the parties, the customer may choose to:
1) terminate the contract without penalty
2) accept an amendment to the contract specifying the variations introduced and their impact on the price.
The customer must communicate his decision, whatever it may be, within three days from the date of notification of the modification. If the customer does not express his decision within this period, it will be understood that he will terminate the contract without penalty. The customer shall be entitled, from the termination of the contract to reimbursement of all amounts paid under the contract.
b) When the client accepts the conditions of the contract, he/she does so with full knowledge that any activity in nature may entail unforeseen changes in the program of the event and therefore accepts complete and sole responsibility for the possible consequences that may occur as a result of such changes. If, after the departure of the event, MUNTANIA does not provide or proves that it cannot provide any of the services included in the contract, it shall take appropriate measures to remedy this situation without any price supplement for the customer and, if necessary, shall pay the latter the amount of the differences between the services provided and those provided.
c) After the departure of the event, MUNTANIA reserves the right to alter, change or omit without prior notice any part of the itinerary, accommodation, means of transport, etc. for logistical, weather, or security reasons.
d) Any change due to force majeure (weather, the physical problem of a participant in the activity, etc.) that involves a more significant expense than budgeted will be borne by the customer.
If, before the event’s start date, MUNTANIA is forced to cancel the event for any reason not attributable to the customer, the customer shall be entitled to reimbursement of all amounts paid under the contract from the same time that the termination of the contract occurs.
MUNTANIA shall not be obliged to compensate the customer in the following cases:
(a) When the cancellation is due to the number of people registered for the event is less than the number established by MUNTANIA, the customer is informed in writing before the deadline set for this purpose in the contract.
b) When the cancellation of the trip is due to force majeure, understood as circumstances beyond the control of the party invoking them, abnormal and unforeseeable, the consequences of which could not have been avoided, even if due diligence had been exercised.
Under no circumstances shall independent services provided by third parties, and therefore not included in the contract between the customer and MUNTANIA, be the responsibility of MUNTANIA, and there shall be no obligation to compensate the customer in the event of cancellation of the event for any amounts that the customer may have paid for these services.
RIGHT OF ADMISSION
MUNTANIA reserves the right to refuse admission or participation in an activity, even once the activity has started, to those persons who, due to an inadequate physical condition or technical training, prevent the normal development of the activity or endanger their physical integrity of the rest of the participants or that of the guide(s) of the activity.
VOLUNTARY WITHDRAWAL OF THE CONTRACTED SERVICES
Suppose the client voluntarily chooses to abandon the event. In that case, he/she is obliged to provide the event guide with a signed document declaring his/her voluntary decision to leave the event. In any case, the delivery of such a document cannot guarantee the immediate abandonment of the event. It will be subject to factors such as weather conditions or the availability of adequate means of transportation.
The costs generated by the voluntary abandonment of the event for any reason other than accident, illness, or other cases detailed in the client’s compulsory insurance (see section 6 – INSURANCE) shall be for the account and risk of the client, whatever the nature of such costs (transport, accommodation, etc.).
NON-FULFILLMENT OF THE CONTRACT
The customer is obliged to notify MUNTANIA of any breach in the performance of the contract, preferably “on-site” or, if this is not possible as soon as possible, in writing or by any other means that leaves a record.
Suppose the customer considers the solutions proposed by MUNTANIA to resolve the reported breach unsatisfactory. In that case, the customer shall have a period of 1 month to make a complaint to MUNTANIA, which in turn shall have two months to respond to the complaint made by the customer, a period that shall begin to run from the day after the complaint is made.
The time limit to claim for breach or unsatisfactory performance of the event contract expires two years after the action could have been brought.
Some activities include accident and rescue insurance, but others do not. This information is specified in the program.
For activities that do not include insurance, the client must have contracted appropriate insurance for the activities to be carried out during the event in which he/she registers. If the customer does not have such insurance, he/she may purchase it through the MUNTANIA website. This insurance includes eventualities such as evacuation in case of an accident, medical expenses, etc. (see the particular conditions of the insurance).
TRANSPORTATION CONTRACTED TO THIRD PARTIES
The transportation included in the price of the event is indicated in the detailed program of the event. In general, the transports included are all those necessary between the starting and ending points of the event.
In the detailed program of the event, MUNTANIA usually suggests the prices of the necessary transports to get to and from the starting and ending points of the event, respectively. These prices are approximate and estimated by MUNTANIA and do not include taxes and fees.
If the customer needs to hire any transport not included in the detailed program, MUNTANIA, to expedite and facilitate such hiring, offers the customer the possibility of carrying out the procedure on their behalf. To do so, the customer must authorize MUNTANIA expressly and in writing (by email or on the registration form). In this procedure, the final price shall be the one stipulated by the transport company, and MUNTANIA shall proceed provided that the price of the transport company does not represent a variation of more than 15% of the price estimated by MUNTANIA in the detailed program. Otherwise, MUNTANIA will contact the customer to request acceptance of the final price.
This ticket purchase procedure by MUNTANIA on behalf of the customer does not, in any case, imply that MUNTANIA will be responsible for any cost due to cancellations, delays, or any other contingency that may generate costs not contemplated, without this meaning that the customer may request damages from the transport companies or other organizations involved. Likewise, MUNTANIA shall not be liable for the cancellation by the customer of any ticket purchased from third parties through its intermediary.
MUNTANIA shall not be liable for possible delays in trips contracted to third parties due to staff strikes, closure of airports or stations, or any other cause beyond the organization’s control and shall not be grounds for claims for breach of contract by the customer.
Muntania Outdoors charges 25 € for ticket issuance costs if you opt for us to make the arrangements to purchase the ticket. This service does not include arrangements for checking in before your flight (you will have to do it yourself). If you must cancel your flight for any reason unrelated to Muntania Outdoors, it will be your responsibility to make the arrangements with the airline. If the airline cancels your flight and gives us another similar option, we will accept the change without consulting you and send you the new schedule. If the airline cancels your flight, we will refund you the money you paid for the ticket. If the airline cancels your flight and you want to make a claim, you will be the one to make the necessary arrangements. If you like us to arrange another flight, since it is a new ticket, it will cost 25 €.
THEFTS DURING THE TRIP
During the activity, MUNTANIA is not responsible for theft of personal belongings in accommodations, vehicles used for transportation (rental vehicles and own vehicles), or any other means required.
In any case, the customer will not be able to ask MUNTANIA for compensation.
LOANS AND RENTAL OF EQUIPMENT
If MUNTANIA rents material to its customers to carry out an activity during an event, the price of this rental shall be reflected in the detailed program of the event. Any damage to the material rented from MUNTANIA or lent by MUNTANIA shall be assumed by MUNTANIA as long as the customer has not acted negligently in its use and conservation.
Suppose the customer rents material to third parties. In that case, MUNTANIA shall not be responsible for the rented material’s good condition or the rental company’s good work, even if MUNTANIA has acted as an intermediary.
Without exception, all clients must carry their personal documentation, original and valid, necessary to travel to the country or countries to be visited. In addition, minors under 18 years of age must bring a written permit authorizing them to travel, signed by their parents or guardians, in anticipation that any authority may request this.
MUNTANIA is obliged to inform the customer of the documents (visas, vaccination certificates, etc.) required to travel to the destination, the customer being responsible for obtaining them, and the customer assuming the consequences of not carrying them or if they are invalid.
If any authority rejects the required documentation, MUNTANIA declines all responsibility, and any expenses incurred shall be borne by the customer. In these circumstances, the conditions and rules established for voluntary withdrawal of services shall apply (see section 11 – VOLUNTARY WITHDRAWAL OF CONTRACTED SERVICES).
MUNTANIA guides are qualified professionals with the theoretical and technical knowledge necessary to carry out the activity or activities to be performed during the event contracted by the client. The main task of the guide is to carry out the event and ensure the safety of all participants. In this sense, although all opinions on the situations that arise during the development of the event will be valued, it is the guide who will make the final decisions on any issue that affects the operation or safety of the participants.
Suppose the client’s disregard of the guide’s indications implies an evident risk for the whole group, its members, or the client himself. In that case, the client will be fully responsible for the possible consequences.
The guide has the authority to request the evacuation of a client for reasons of illness, accident, or any other reason that compromises the safety of the group or the client. In this case, the client will not be able to claim a refund, either total or partial, of the price of the event, without prejudice to the client’s subsequent claim to the insurance company for the expenses incurred in this case.
CONDITIONS OF USE OF MUNTANIA’S PHOTOGRAPHIC ARCHIVES
MUNTANIA shall be the owner of the photographic files generated during the events organized by it. These may be used on its website or any other medium to promote or sell its events to third parties or for any other appropriate purpose.
CONDITIONS FOR THE USE OF PHOTOGRAPHIC FILES PROVIDED TO MUNTANIA BY THE CLIENT
MUNTANIA undertakes to respect the property rights of the photographic files that the customer transfers to it to be used on its website or any other medium, to promote or sell its events to third parties, or for any other purpose deemed appropriate. It also agrees not to transfer to third parties these files or any total or partial reproduction.