TERMS AND CONDITIONS

I.ORGANIZER

The Organizer is TRESCANT, S.C.P, with headquarters in Barcelona, Carrer Caponata, n. 15-17, 1é 3a; and with the tax ID number J66233859.
TRESCANT is specialized in guided trips and outdoor education. And nowadays works with the brand: BarcelonaHikingGuides.
Telephone: +34/696 455 080 and +34/628 741 223
Email: hola@trescant.cat or info@barcelonahikingguides.com
In the sections that follow, the Organizer may also be referred to as TRESCANT

II. GENERAL CONTRACTING CONDITIONS

Participation in any activity organized by TRESCANT, implies explicit acceptance of the general contract terms, as well as the legal terms of this website: www.barcelonahikingguides.com and the particular terms of specific activities.

In cases involving the sale of independent, third party tourist services in which TRESCANT’s only role is as an intermediary between the participant and the provider of the service, such activity will remain subject to the conditions set out by each service provider, so long as none of these contradicts the general and specific terms below, if applicable.

III. THE GUIDE

All of TRESCANT’s activities are led by guides. Participants agree to respect the authority of the guide. The majority of activities we organize take place in the outdoors, and therefore may be subject to unexpected or adverse weather conditions that may require the modification of the itineraries described. In these cases, the guide/instructor will assume responsibility for making any necessary decisions about the excursion required to ensure the safety of the participants under the circumstances.

Nevertheless, the guide/instructor may take into consideration participants’ opinions or complaints in order to find a satisfactory solution.

The guide/instructor is responsible for the overall smooth functioning of the trip and, therefore, has discretion to exclude participants that do not possess the level of physical fitness the excursion demands, or who have not brought the necessary equipment that was listed in the trip description, or whose attitude or behavior puts themselves, the guide or other participants in danger.

In all cases, the guide/instructor may exclude or expel:

  • Any person who acts violently or who publically incites hate, violence or discrimination on the basis of race, gender, religion, personal beliefs, disability, sexual orientation, gender identity or any other social or personal condition, particularly those who behave in an aggressive manner or who provoke riots, who carry arms or items that could be used as weapons, or who wear clothing, objects or symbols that incite violence or promote activities that are contrary to the fundamental rights recognized by the Constitution;
  • Any person who exhibits signs of intoxication or who is consuming drugs or mind-altering substances or who shows signs of having consumed such substances.

Participants who are expelled from trips will not have the right of reimbursement for unused services or the right to be compensated for expenses their expulsion might cause. If any participant refuses to follow the guide’s instructions, both the guide and TRESCANT are indemnified for any responsibility for what may happen to that person as a result of their expulsion.

IV. ITINERARIES-ROUTES

We strive to provide the most accurate information available about the difficulty and the nature of the terrain through which each route will travel. The following characteristics: active travel time, elevation change, etc. are objective and are taken from topographical guides (including hiking and mountaineering guides and maps). It is the responsibility of participants to evaluate whether they possess the physical fitness to comfortably complete the walks, although guides still have the discretion to use their own judgment in this matter, as outlined in section III.

It is essential that participants inform TRESCANT if they have any physical impairment or illness that might affect their ability to engage in the scheduled activity.

Participants are also obligated to refrain from use of alcohol, drugs or any other medication that might affect their reflexes and reaction time.

If you suffer from vertigo, but would like to participate in an activity, please consult with the Organizer, since we are often able to give alternatives. On routes that may demand significant physical effort, the organizer reserves the right to ask participants for information about their health or to request clearance from their physicians.

LEVELS OF DIFFICULTY

We distinguish between Level of Effort and Level of Difficulty. We rate each trip according to these factors, and in most cases also include a description that articulates as clearly as possible key aspects of each trip so that participants can gauge whether given trip is suitable for them. In most cases, we provide information about elevation gain and loss and walking time for each day.

Regardless of the level of effort and difficulty of the activity, the participant must be able to maintain at least an average walking pace of 3-4 kms/hour and a climbing rate of 300 mts/hour approximately. This assures the group cohesion, allows us to achieve the established schedule, and helps improving the safety level of the activity.

Level of Effort

Low: Up to 3 hours of walking per day (does not include rest stops)

Medium: Between 3 and 5 hours per day (does not include rest stops)

High: More than 5 hours of walking per day (does not include rest stops)

Level of Difficulty

EASY: Paths and Trails.

MEDIUM: There may be short, safe sections with loose gravel or scree where you need to use your hands to steady yourself.

SIGNIFICANT: There are sections where it will be necessary to climb or descend with the occasional use of hands.

HIGH: There will be places that require technical skill and experience, for example, sections of exposed climbing, with a risk of falling more than 3 meters.

Elevation Change

This is the total elevation gain and loss that will be encountered each day.

Guide:

Guidebook used as reference for the estimated hours of actual walking, not including stops for resting, eating, photos, etc.

V. BOOKING: RESERVATIONS AND CANCELLATIONS

BOOKING AND PAYMENT PROCESS

1- Please review both the general conditions and the details of the trip you’re interested in (especially the level of difficulty and type of trip.)

a) For every activity, we have provided a detailed description on our website that lays out the services included, the material required, the price per person, including VAT and other pertinent information (Trip Details). Anything that is not expressly mentioned in the price of the trip is not included.

b) If you want more information, please don’t hesitate to call or send an email.

c) Before making a reservation, please read the general and specific conditions for each activity, as well as any other information we provide, since this is where you will find the terms that govern our work, including contractual documents for trips, activities and excursions.

2- You may inquire about reservations for our trips via our website or email. TRESCANT will get back to you quickly to let you know if there is space available, and to follow up on reserving a space if available. Contracts may be completed in person or long-distance via email.TRESCANT does not offer an online reservation system.

3. Once we have received your request, TRESCANT will let you know the total price required to reserve a place, which will vary according to destination and different payment methods. TRESCANT will send you the corresponding sign-up form.

Participants must provide TRESCANT with the following information: Name and surname, telephone, address and email address, DNI or passport, as well as other facts the needed according to the trip you want to reserve.

Minors under the age of 18 must identify themselves as such and will not be able to participate in the excursions, trips or activities without having previously presented parental authorization along with a copy of their parents’ national identity documents.

No activity, trip or excursion will be considered reserved until the trip application paperwork has been received and the booking deposit has been paid.

VI. CANCELLATIONS

CANCELLATIONS BY THE PARTICIPANT

If the participant cancels a day-trip or excursion:

a) Loss of 25% of the total amount of the activity when cancelled between 12 and 10 days  before the scheduled departure date.

b) Loss of 50% of the total amount of the activity when cancelled between 9 and 5 days before the scheduled departure date.

c) Loss of 75% of the total amount of the activity when cancelled between 4 days and one hour before the scheduled departure date.

d) Loss of 100% of the total amount in case client does not appear or is late on the scheduled departure date.

 If the cancellation involves third-party services, the participant will be required to pay whatever penalties are imposed by those providers’ contracts.

CANCELLATIONS BY TRESCANT

We do everything we can at TRESCANT to conduct our trips, even when the number of participants falls short of the minimum required to cover our cost. However, when we feel it may be necessary to cancel a trip because there are too few participants signed up, TRESCANTmay cancel a trip, and notify those with reservations as soon as possible. When this happens, we may give participants the option of paying an extra fee in order to subsidize the trip or receiving a full refund. In all cases, the agency reserves the right to cancel a trip due to force majeure— natural, unpredictable and unavoidable catastrophes that interrupt the expected course of events and whose consequences could not have been avoided, despite having excercised due diligence. In both cases, the participant is entitled to full reimbursement of all fees paid.

VII. CHANGES AND TRIP MODIFICATIONS

If before the beginning of the trip, the Organizer is obliged to significantly modify the essential aspects of a trip, we wil inform the clients. Unless agreed otherwise, the participant will have the option to be released from the contract without penalty or to accept a modification of the contract in which the changes are specified along with any corresponding change in price.

VIII. INSURANCE

ACCIDENT INSURANCE

All TRESCANT activities are covered by an Accident Insurance policy with limits as prescribed by law. The cost of this insurance is included in the trip fee; no additional payment is necessary. Accidents are defined as any bodily harm that occurs suddenly and by chance. Any bills for services presented to the victim for services provided during rescue or assistance, must be forwarded to TRESCANT so that we can make a claim for reimbursement from the Insurance Company, as consistant with our contracted coverage.

CIVIL LIABILITY INSURANCE
As required by law, TRESCANT also carries civil liability insurance.

In no case will TRESCANT assume liability for accidents caused by recklessness or negligence on the part of participants.

IX. PRIVACY POLICY AND PROTECTION OF PERSONAL INFORMATION

In accordance with the Llei Orgànica 15/1999, December 13, regarding Privacy of Personal Information, we inform you that the personal information we have received from you in the registration forms and other communications will be stored in TRESCANT’s backup files. These files will be strictly maintained in order to protect confidentiality of personal information in accordance with the law. At the point a client makes a reservation or contracts a trip, they give their implied consent to use the data for automated subsequent processing of related travel services and contracts on their behalf.

Within the same year as contact information was collected, TRESCANT may use that information to inform clients of different upcoming trips via email, and to connect, coordinate and inform travelers in the same trip, whether to facilitate shared transportation arrangements or other transactions related to the trip.

In accordance with article 6 of the aforementioned law governing Protection of Personal Data, clients have the right to refuse this use of personal information, and to access to the personal data which has been stored in the aforementioned file in order to correct inaccuracies or delete the information, as well as to find out how what personal information was gathered. In order to

exercise this right, you must send us an email to hola@trescant.cat, or through the post to 08034 Barcelona, Carrer Caponata 15-17, 1é 3a.

The request must contain the following information: first and last name of the client, residence and mailing address, photocopy of an identification card, and the specific actions or information requested.

TRESCANT pledges to comply with its duties to maintain the privacy of CLIENTS’ personal information in order to avoid their abuse, alteration, loss or unauthorized use.

In no event do we anticipate sharing personal information with other businesses. Personal data will only be shared when administrative authorities with jurisdiction mandate or by court order.

X. OTHER

BAGGAGE

On all of the trips we organize, it is the responsibility of participants to safeguard their luggage. Travel Guides cannot be expected to safeguard the luggage or the drivers if it i not a service that is included in the trip. The CLIENT’S luggage and personal effects are not covered by the contract, and consequently, the ORGANIZER is not responsible for their loss or any damage that might occur during the trip.

NECESSARY EQUIPMENT

Each activity entails bringing a minimum amount of necessary equipment, which will be specified in the detailed on the website. The guide has the right to confirm that each client has brought the necessary material specified.

RENTAL EQUIPMENT

Snowshoes, poles, GPS, tents or any other material. The organization, and any of its subcontractor, may draw up a signed contract required clients to assume responsibility for taking care of rental equipment and returning it in perfect condition.

Clients may also be required to make a deposit that will be returned within 14 days of turning in the rental equipment in perfect condition.

Neither the organization nor any of its suppliers take responsibility for damage or deterioration of rented equipment stemming from circumstances out of their control (negligence, etc.).

In the event that equipment is stolen or lost, the organization and its suppliers reserve the right to require that, at the end of the trip, the renter indemnify the equipment through its replacement or the provision of funds corresponding to its replacement value, or of comparable equipment if the identical equipment is no longer on the market.

USE OF PHOTOGRAPHS

During the course of activities, the guides, or any collaborating partner or participant may take one or more photograph of participants, and these may be used in catalogues, materials and publicity in different media, whether digital or print, at no cost and without future rights.

In every case, we remind you that Conditions 4 and 5 of the Legal Notice apply.

TRANSPORTATION

For each activity, TRESCANT will determine whether it will provide transportation for participants or whether the participants will be responsible for their own transportation.

In all cases, the activity will officially start at the moment that participants meet up with the TRESCANT guide.

RECORD OF REGISTRATION OF GENERAL CONTRACT CONDITIONS

These General Conditions have been recorded in the Register of General Contract Conditions housed by the Registry of Real Estate in the Mercantil of Barcelona.

LEGISLATION AND JURISDICTION

These General Conditions and all related other contractual language on this website are regulated by applicable Spanish and Catalan legislation.

TRESCANT has accepted the process of consumer arbitration, therefore any disputes, controversy or claim between TRESCANT and the CLIENT arising out of or related to the contracting of trips, tours or other activities shall be settled by the System of Consumer Arbitration if the CLIENT presents the case to the Consumer Arbitration Board. .

In the event that the CLIENT is a business that is not considered a consumer under the legislation in effect, the dispute between TRESCANT and the CLIENT will be submitted to the Judges and Tribunals of Barcelona, Spain.