Legal Notification

General Terms and Conditions of Use

In compliance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the following legal aspects of the website are provided:

Web:	https://www.kayakingcostabrava.com/
Owner:	KAYAKING COSTA BRAVA S.L.
Address:	C/ Enric Serra nº 42, 17130, l’Escala (Girona)
Tax ID (C.I.F):	B55291355
Phone number	+34 972 77 38 06
Email

1. Purpose and Scope of Application

These General Terms of Use and Contracting aim to regulate the provision of information provided on the website, as well as the legal relationship arising from the contracting processes carried out between users and the website owner.

2. User Status and Acceptance

The purchase of any product and/or service confers the status of “Customer” and requires knowledge and acceptance of the general contracting conditions included in this text, as well as, where applicable, the specific conditions governing the acquisition.

Only individuals over 18 years of age are authorized to use the e-commerce services through the website.

By accepting the General Terms of Use and Contracting, the Customer declares:

That they are of legal age and have the capacity to contract.
That they reside in Spain or in a place governed by Spanish law.
That they have read and accept these General Terms.

KAYAKING COSTA BRAVA provides users and customers with the email address to address any questions regarding the General Terms.

3. Modifications to the Legal Notice and General Terms

KAYAKING COSTA BRAVA may modify the General Terms without prior notice, so it is advisable to read them on each visit to the website. These modifications apply from the moment they are published on the website and cannot be applied to contracts concluded previously. In any case, the revision date of the General Terms will be indicated. Each purchase is governed by the General Terms in effect on the date of the order. In any case, the General Terms can be consulted before any contracting process.

4. Responsibility of KAYAKING COSTA BRAVA

The products and services presented on the website comply with Spanish legislation. Access to the website is voluntary and, therefore, the responsibility of the user, who will be liable for any direct or indirect effects arising from the use of the website, including, but not limited to, any adverse economic, technical, and/or legal outcomes, as well as the disappointment of expectations generated by our website. The user undertakes to hold KAYAKING COSTA BRAVA harmless from any claims arising, directly or indirectly, from such events.

KAYAKING COSTA BRAVA is not liable for damages that may result from interferences, omissions, interruptions, computer viruses, breakdowns, and/or disconnections in the operational functioning of this electronic system or in the users’ devices and computer equipment, caused by reasons beyond KAYAKING COSTA BRAVA’s control, which prevent or delay the provision of services or navigation through the store, nor for delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems, nor for the impossibility of providing the service or allowing access for reasons not attributable to KAYAKING COSTA BRAVA, due to the user, third parties, or force majeure events. KAYAKING COSTA BRAVA does not generally control the use that users make of the website. In particular, KAYAKING COSTA BRAVA is not responsible in any case for users using the website in accordance with the law, these General Terms, generally accepted morals and good customs, and public order, nor for doing so diligently and prudently.

KAYAKING COSTA BRAVA’s civil liability for the products supplied is limited to their amount. The user or consumer waives any claim against KAYAKING COSTA BRAVA for any reason in any case of dissatisfaction with the products purchased through this website, as well as possible failures, slow access, or errors in accessing the website, including data losses or any other type of information that may exist on the user’s computer or network accessing KAYAKING COSTA BRAVA.

5. Obligations of Customers

In general, the user undertakes to comply with these General Terms, as well as any special warnings or instructions for use contained therein or on the website, and to always act in accordance with the law, good customs, and the requirements of good faith, exercising due diligence and refraining from using the website in any way that may prevent, damage, or impair its normal operation, the assets or rights of KAYAKING COSTA BRAVA, its suppliers, other users, or any third party in general. Access and use of the portal by minors without the express consent of their parents is prohibited. KAYAKING COSTA BRAVA is not responsible for the truthfulness and accuracy of the data provided by the user and, therefore, cannot verify their age.

Specifically, and without limiting the foregoing section, during the use of the website, the user undertakes to:

a) Provide truthful information regarding the data requested in the user registration or order form and keep it updated.
b) Not introduce, store, or disseminate through the website any information or material that is defamatory, offensive, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion, or that in any way violates morals, public order, fundamental rights, public freedoms, honor, privacy, or the image of third parties, or the current regulations in general.
c) Not introduce, store, or disseminate through the website any program, data, virus, code, or any other electronic or physical device likely to cause damage to the website, any of the services, or any of the equipment, systems, or networks of KAYAKING COSTA BRAVA, any other user, KAYAKING COSTA BRAVA’s suppliers, or any third party in general.
d) Not carry out advertising or commercial exploitation activities through the website, nor use its contents and information to send advertising or messages for any other commercial purpose, nor collect or store personal data of third parties without their express authorization.
e) Not use false identities or impersonate others in the use of the website or any of its services, including, where applicable, the use of third-party passwords or access keys or in any other way.
f) Not destroy, alter, use for their own purposes, disable, or damage the data, information, programs, or electronic documents of KAYAKING COSTA BRAVA, its suppliers, or third parties.
g) Not introduce, store, or disseminate through the website any content that infringes intellectual property rights, industrial rights, or business secrets of third parties, or in general any content for which they do not hold, in accordance with the law, the right to make it available to third parties.

6. Order Process

*Step 1*	Access the website	To place an order, it is necessary to connect to the website.
*Step 2*	Fill the shopping cart	The user must add the desired product to the cart, following the instructions provided on the screen. Check stock/availability beforehand. The prices and offers presented on the website are valid solely and exclusively for online orders.
*Step 3*	Validate purchase/activity reservation	Complete the provided order forms (user identification details, billing information, shipping type, delivery details, payment method, and order) and validate the purchase. The validation of the order by the Customer expressly implies knowledge and acceptance of these general contracting conditions as part of the contract’s conclusion. Unless proven otherwise, the data recorded by KAYAKING COSTA BRAVA constitutes proof of all transactions carried out between KAYAKING COSTA BRAVA and its customers. KAYAKING COSTA BRAVA will archive the electronic document formalizing the contract, and it will be accessible. Validation and acceptance of compliance with the requirements and conditions necessary to carry out the activity. Acceptance and validation of the cancellation policy. Once the purchase is made, and as soon as possible, always within 24 hours from the execution of the purchase, KAYAKING COSTA BRAVA will send the Customer a purchase confirmation by email. If the Customer does not agree with the details provided in this confirmation, they may request their modification or the cancellation of the contract.
*Step 4*	Payment	Select the payment method and complete it through the corresponding payment gateway.

7. Prices, Changes, and Cancellations

The prices indicated on the website (in the prices section) include VAT. Changes to the activity reservation date can only be made with 11 days’ notice, provided the new chosen date is available. The cancellation policy section of the website, which the user making the online reservation must also accept to proceed with the process, specifies the conditions for cancellations and/or terminations of activities.

8. Payment

KAYAKING COSTA BRAVA offers the following payment method through the website, which allows:

Payment by Credit Card: Visa and MasterCard have developed a system for securely making payments online. The Secure Electronic Commerce system is based on the card issuer (bank or savings bank) identifying the cardholder before authorizing the online payment.

KAYAKING COSTA BRAVA adheres to this security protocol, so once the product to be purchased is selected and the card number is entered, a window from the issuer opens requesting identification, displaying one of the following icons:

The card details and password are protected by this security system from the moment they are entered. Once identification is completed, the issuer informs KAYAKING COSTA BRAVA that the purchase is being made by the cardholder, allowing the process to be completed. If the identification is not satisfactory, the issuer informs KAYAKING COSTA BRAVA accordingly.

This window is outside the control of KAYAKING COSTA BRAVA, and any issues arising from it are the responsibility of the issuer. The user must contact the issuer if they encounter such a situation.

KAYAKING COSTA BRAVA reserves the right to reject any transaction made with a credit card. In such cases, the amount will be refunded to the original card. If the Customer wishes to proceed with the purchase of the items, a bank transfer will be requested.

In the event of non-payment by the Customer, in whole or in part, on the agreed due date for one or more product shipments, KAYAKING COSTA BRAVA may suspend or cancel any pending shipment or contract without incurring liability for any damages or losses, including lost profits or damages due to delays or loss of production caused to the Customer. This right of KAYAKING COSTA BRAVA does not release the Customer from their contractual obligations regarding payments due and the receipt of products.

9. Right of Withdrawal

You have the right to withdraw from the current contract within 14 working days without needing to provide justification. The withdrawal period will expire 14 working days from the day you or a third party indicated by you, other than the carrier, takes physical possession of the goods.

To exercise the right of withdrawal, you must notify KAYAKING COSTA BRAVA in writing of your decision to terminate the contract by addressing KAYAKING COSTA BRAVA through the provided form on this matter at the address provided at the top of this document by letter, fax, or email ().

To meet the withdrawal deadline, it is sufficient that the communication regarding your exercise of this right is sent before the indicated 14-working-day period expires.

The refund will be made using the same payment method used for the transaction unless you have expressly stated otherwise. In any case, you will not incur any costs as a result of the refund.

However, the exceptions to the right of withdrawal, as per Article 103 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, must be considered:

The right of withdrawal will not apply to contracts relating to:

a) The provision of services, once the service has been fully performed, and if the contract imposes a payment obligation on the consumer or user, when performance has begun with the consumer or user’s prior express consent and acknowledgment that, once the entrepreneur has fully performed the contract, they will lose their right of withdrawal.
b) The supply of goods or services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and which may occur during the withdrawal period.
c) The supply of goods made to the consumer’s specifications or clearly personalized.
d) The supply of goods that may deteriorate or expire quickly.
e) The supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and have been unsealed after delivery.
f) The supply of goods that, after delivery and considering their nature, have been inseparably mixed with other goods.
g) The supply of alcoholic beverages whose price was agreed at the time of concluding the sales contract and which cannot be delivered before 30 days, and whose actual value depends on market fluctuations that the entrepreneur cannot control.
h) Contracts where the consumer and user have specifically requested the entrepreneur to visit them to carry out urgent repair or maintenance operations; if, during this visit, the entrepreneur provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used for maintenance or repair operations, the right of withdrawal applies to those additional services or goods.
i) The supply of sealed audio or video recordings or sealed software that have been unsealed by the consumer and user after delivery.
j) The supply of daily press, periodicals, or magazines, except for subscription contracts for such publications.
k) Contracts concluded through public auctions.
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l) The supply of accommodation services for purposes other than serving as housing, transport of goods, vehicle rental, catering, or services related to leisure activities, if the contracts provide for a specific date or period of performance.
m) The supply of digital content not provided on a tangible medium when performance has begun and, if the contract imposes a payment obligation on the consumer or user, when the following conditions are met:

The consumer or user has given prior consent to start performance during the withdrawal period.
The consumer or user has acknowledged that they will lose their right of withdrawal as a result.
The entrepreneur has provided confirmation in accordance with Article 98.7 or Article 99.2.

Please follow the product return instructions indicated in this document.

10. Conditions of KAYAKING COSTA BRAVA

The conditions for each of our services can be viewed in detail and fully explained in the “Activities” section of our website. There, you will find a dropdown list that will provide all the necessary information (prices, kayak sizes and types, schedules, availability, etc.) for each of our services and activities: Guided Tours, Extraordinary Tours, Kayak Rentals, Courses, Educational Programs, Offers, and more.

11. Notifications

All notifications, requests, demands, and other communications to be made by the parties in relation to these General Terms must be made in writing and will be deemed duly made when delivered by hand or sent by regular mail to the address of the other party or its email, or to any other address or email that each party may indicate for this purpose.

12. Nullity and Ineffectiveness of Clauses

If any clause included in these General Terms is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness will only affect that provision or the part thereof that is null or ineffective, with the General Terms remaining in effect in all other respects, and such provision, or the affected part thereof, will be deemed not to exist.

13. Alternative Dispute Resolution

If you have a dispute with a consumer and wish to avoid litigation, alternative dispute resolution may be a good option. It is generally faster, simpler, and cheaper than a judicial procedure. It encompasses all the different ways to resolve a claim without going to court: “mediation,” “conciliation,” “arbitration,” “consumer ombudsman,” “complaints office,” etc.

https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint/alternative-dispute-resolution-consumers_en

Department of Consumer Affairs of the Generalitat de Catalunya: The user/consumer can also access alternative dispute resolution through the following link:

http://consum.gencat.cat/ca/el-consum/despres-de-la-compra/reclamacions/

14. Online Dispute Resolution

This platform is only valid for disputes between businesses and consumers.

If you have a dispute with a consumer regarding an online purchase and wish to avoid judicial proceedings, the online dispute resolution platform may be the appropriate tool for finding a quick and cost-effective solution. It can be used by you to file a complaint against a customer (e.g., for non-payment) or by the customer to file a complaint against you.

If you have an online business, you must provide a direct link to the ODR platform from your website. Your email address must also be clearly indicated on the website.

If you are obliged (by law, membership, or contract) to use a specific dispute resolution body, you must:

Inform consumers, through your website, about the dispute resolution body and include it in the terms and conditions.
Inform consumers about the ODR platform in the terms and conditions and in offers sent by email.

https://europa.eu/youreurope/promo/odr-banners/index_en.htm

15. Applicable Law

Purchases made through KAYAKING COSTA BRAVA are subject to Spanish law.

These General Contracting Terms are subject, among others, to the following regulations:

Law 7/1996, of January 15, on Retail Trade Regulation (“LOCM”).
Law 7/1998, of April 13, on General Contracting Conditions (“LCGC”).
Law 3/2014, of March 27, amending the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16 (“TRLGDCU”).
Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (“LSSICE”).
Organic Law 3/2018, of December 5, on Personal Data Protection and Guarantee of Digital Rights (“LOPD-GDD”).
Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data, repealing Directive 95/46/EC.

The parties submit, at their choice, to the courts and tribunals of KAYAKING COSTA BRAVA’s domicile for the resolution of conflicts, waiving any other jurisdiction.

These General Contracting Terms are updated as of February 2023.

Legal Notice

1) OWNER INFORMATION

In compliance with Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following identification details of the Owner are provided:

Web:	WWW.KAYAKINGCOSTABRAVA.COM
Owner:	KAYAKING COSTA BRAVA, S.L.
Address:	CARRER ENRIC SERRA 42. 17130-L’ESCALA
Tax ID (C.I.F.):	B55291355
Phone:	972773806
Email
Registration Details:	Registered in the Girona Commercial Registry, Book 3143, Folio 122, Sheet GI-62100, Entry 2017/314 on March 15, 2017

2) TERMS AND CONDITIONS OF ACCESS AND USE

The Website

The purpose of these General Terms of Use (hereinafter, Conditions) is to regulate access to and use of the Website.

KAYAKING COSTA BRAVA, S.L. reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that KAYAKING COSTA BRAVA, S.L. may, at any time, interrupt, deactivate, and/or cancel any of these elements integrated into the Website or access to them.

Access to the Website by the User is free and, in general, does not require the User to provide any consideration to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

The use of certain Contents or Services of the Website may require prior subscription or registration by the User.

User

Accessing, browsing, and using the Website (as well as the spaces enabled for interaction between Users, and between the User and KAYAKING COSTA BRAVA, S.L., such as comments and/or blogging spaces, if any) confer the status of User. Therefore, the User undertakes to use the Website and the services made available through it in accordance with the law, morals, good customs, and public order, as well as with the provisions of this clause. Consequently, the User is obliged not to use the Website for illicit purposes or effects contrary to what is established, harmful to the rights and/or interests of third parties, or that in any way may damage the Website or prevent its normal use or the services accessible through it.

The use of the Website and/or its Services implies full and unreserved acceptance and validity of each and every clause included in the latest updated version of this Legal Notice, so the User must be aware of the importance of reading them each time they visit the Website. Such use does not imply the establishment of any commercial relationship between KAYAKING COSTA BRAVA, S.L. and the User.

Accessing, browsing, and using the Website confer the status of User, whereby all the Conditions established herein, as well as their subsequent modifications, are accepted from the moment navigation on the Website begins, without prejudice to the application of the corresponding mandatory legal regulations as applicable. Given the importance of the foregoing, it is recommended that the User read them each time they visit the Website.

In compliance with current legislation, this KAYAKING COSTA BRAVA, S.L. Website is aimed at all individuals, regardless of age, who can access and/or browse its pages.

3) INTELLECTUAL PROPERTY

To preserve potential intellectual property rights, if any user or third party believes that their legitimate rights have been violated due to the introduction of specific content on the Website, they must notify KAYAKING COSTA BRAVA, S.L. of this circumstance, indicating:

Personal details of the interested party holding the allegedly infringed rights. If the claim is submitted by a third party other than the interested party, they must indicate the representation under which they act.
Indication of the contents protected by intellectual property rights and their location on the Website.
Proof of the aforementioned intellectual property rights.
An express declaration in which the interested party takes responsibility for the truthfulness of the information provided in the notification.

The KAYAKING COSTA BRAVA, S.L. trademark and its corresponding graphic trademark are registered trademarks, and their reproduction or use without the authorization of their owner is prohibited. Likewise, any other trademark of KAYAKING COSTA BRAVA, S.L. appearing on the websites listed in section 1 of this notice is protected.

The legitimacy of the intellectual or industrial property rights corresponding to content provided by third parties is the exclusive responsibility of those third parties.

4) DISCLAIMER OF LIABILITY

KAYAKING COSTA BRAVA, S.L. makes every effort to ensure that the data and information offered on its website are updated at all times. It does not guarantee or accept responsibility for the accuracy and updating of the website’s contents, reserving the right to modify these contents at any time. KAYAKING COSTA BRAVA, S.L. will not be responsible for the information that may be obtained through links included on the website.

Commercial relationships between clients will be governed by the general conditions that, if necessary, would be established by KAYAKING COSTA BRAVA, S.L. in a specific document for this purpose or by specific agreements that may be concluded with clients.

5) INFORMATION AND COMMERCIAL ADVERTISING POLICY

KAYAKING COSTA BRAVA, S.L. undertakes through this medium not to engage in misleading advertising. Therefore, formal or numerical errors that may be found throughout the content of the various sections of the Website, resulting from incomplete maintenance and/or updating of the information contained in these sections, will not be considered misleading advertising. KAYAKING COSTA BRAVA, S.L., as a result of the provisions of this section, undertakes to correct such errors as soon as it becomes aware of them.

KAYAKING COSTA BRAVA, S.L. undertakes not to send commercial communications without identifying them as such, in accordance with Law 34/2002 on Information Society Services and Electronic Commerce. For this purpose, any information sent to KAYAKING COSTA BRAVA, S.L. clients for the purpose of maintaining the existing contractual relationship between the client and KAYAKING COSTA BRAVA, S.L., as well as the performance of information tasks and other activities related to the service contracted by the client, will not be considered a commercial communication.

In the case of receiving communications through these means (emails, automated form response messages, and other communication systems), we inform you that the messages are directed exclusively to their recipient and may contain privileged or confidential information. If you are not the intended recipient, you are notified that the use, disclosure, and/or copying without authorization is prohibited under current legislation.

In accordance with Law 34/2002 of July 11 on Information Society Services and Electronic Commerce and Directive 2002/58/EC, we inform you that if you do not wish to receive commercial communications and information through this electronic communication system, please indicate this through the same channel, stating in the subject UNSUBSCRIBE COMMUNICATIONS so that your personal data can be removed from our database. Your request will be processed within 10 days from its submission. If we do not receive an express response from you, we will understand that you accept and authorize our company to continue sending the aforementioned communications.

6) LINKS POLICY

It is noted that the KAYAKING COSTA BRAVA, S.L. Website may provide Users with linking means (such as links, banners, buttons), directories, and search engines that allow Users to access websites owned and/or managed by third parties.

The installation of these links, directories, and search engines on the Website aims to facilitate Users’ search for and access to information available on the Internet, without it being considered a suggestion, recommendation, or invitation to visit them. KAYAKING COSTA BRAVA, S.L. does not offer or market, either directly or through third parties, the products and/or services available on these linked sites.

The User or third party creating a hyperlink from another website to the KAYAKING COSTA BRAVA, S.L. Website must be aware that:

The total or partial reproduction of any of the Contents and/or Services of the Website without the express authorization of KAYAKING COSTA BRAVA, S.L. is not permitted.
No false, inaccurate, or incorrect statements about the KAYAKING COSTA BRAVA, S.L. Website or its Contents and/or Services are allowed.
Except for the hyperlink, the website on which the hyperlink is established will not contain any element of this Website protected as intellectual property under Spanish law, unless expressly authorized by KAYAKING COSTA BRAVA, S.L.
The establishment of the hyperlink does not imply the existence of a relationship between KAYAKING COSTA BRAVA, S.L. and the owner of the website from which it is made, nor the knowledge and acceptance by KAYAKING COSTA BRAVA, S.L. of the contents, services, and/or activities offered on that website, and vice versa.

7) SOCIAL MEDIA

We inform you that KAYAKING COSTA BRAVA, S.L. may have a presence on social media. The processing of data of individuals who become followers on social media (and/or perform any link or connection action through social media) of the official pages will be governed by this section, as well as by the terms of use, privacy policies, and access regulations of the relevant social media platform, previously accepted by the user.

8) JURISDICTION AND APPLICABLE LAWS

The use of this Website implies full acceptance of the terms of this Legal Notice. This Legal Notice and all relationships established between KAYAKING COSTA BRAVA, S.L., the Website User, and its services will be governed by Spanish law.

Last Updated: 15/02/23