Legal notice & Accident Protocol
The following text complies with the provisions of Decree 22/2012, dated 27th January, from the Consell de la Comunidad Valenciana (Spain), which regulates active tourism in the Comunidad Valenciana, the Text of the Consumer & Users Defence Act, and other applicable laws.
I. GENERAL TERMS AND CONDITIONS OF BUSINESS for the provision of services related active tourism activities (hiking, nordic walking, mountain biking) with Soul Trekking®.
- Soul Trekking® is a company devoted to the design, organization and execution of active tourism activities, registered with number TA-89-A in the Comunidad Valenciana’s General Registry of Tourist Companies, Establishments and Professions.
2. Soul Trekking® appoints the following means for contact with its clients and customers:
Head and Manager: Rafael Antón González, with N.I.F. (fiscal number) 25128750-P.
Postal address: c/ Zubeldía, nº 1, 4º A (Edificio Estación), 03590 Altea (Alicante).
Email address: email@example.com
Phone number: 00 (34) 625292149
- Soul Trekking® has complaint forms available on request.
- Soul Trekking® holds all licenses and permits required under current legislation.
- Soul Trekking® guarantees that all activities organized, carried out and/or supervised by the company will have at least one guide or person in charge present, who will be properly certified for the activity by current legislation, and a client to guide ratio appropriate for the activity.
- Soul Trekking® reserves the right to modify or stop an activity at any moment should the guide or person in charge deem the client to be physically or technically unable to complete it according to program, or if completing the activity could endanger the safety of the client or other parties.
- The activities of Soul Trekking® are limited to the times and places where they take place. The following are not part of these activities: transfers in private or collective vehicles (which are covered by their own insurance policies), nor private activities taking place between several activities contracted with Soul Trekking®.
- The general terms and conditions of contract define specifically the content, duration and location of each of the activities.
- Soul Trekking® has purchased liability insurance suitable for its activities and in compliance with current legal requirements.
- Soul Trekking® guarantees that all clients and persons using our services are covered by our accident and rescue insurance while taking part in the contracted activities, and our health insurance after an accident.
- Soul Trekking® guarantees that all materials and equipment used have been approved by the pertinent bodies, and that their quality and maintenance ensures the safety of our clients and persons using our services, while respecting the environment.
- Soul Trekking® only works with reliable suppliers, vendors and partners, which are subject to the legal provisions applicable to them. Soul Trekking® is in no case responsible for the compliance of these third parties with their obligations
- Soul Trekking® carries out its activities with the utmost respect for the environment, and chooses partners committed to making a sustainable and responsible use of the natural resources that are the basis of our activities.
- Soul Trekking® guarantees that our guides are trained in first help as specified in the study programs relevant for each activity, and that they carry an adequate first aid kit, as well the necessary communications and safety systems, whether legally required or not.
- Soul Trekking® has prepared an emergency and self-protection plan for clients and persons using our services.
- Soul Trekking® plans, organizes and carries out its activities during the whole year, with the only restriction of weather conditions, and in any area or environment appropriate for active tourism, whether in Spain or abroad, always as expressly agreed with the client and in compliance with current applicable regulations.
- Soul Trekking® organizes activities adapted to persons of every age. Minors or disabled persons will need an express permission from their parents, legal guardians or legally responsible persons, and will be able to join the activities only if accompanied by their legal guardians or legal representatives.
- Soul Trekking® is completely free to accept or refuse to organize any activity proposed by a potential client
- Soul Trekking® may use the audiovisual materials, in any format, generated during the activities, for marketing purposes and with all due respect to the reputation, privacy and image of the clients, within the applicable legal provisions.
- These general terms and conditions are an integral part of the contract for the provision of services with Soul Trekking®. By signing the contract the client agrees without reservation to these general terms and conditions.
- Upon signature of the contract the client will pay 30% of the total amount quoted for the activity. The rest of the amount will be paid no later than 15 days before the beginning of the activity.
- The contract for the provision of services will not be in force until the client has paid in full.
- Contract cancellation by Soul Trekking®: Soul Trekking® reserves the right to terminate the contract in case of breach of the general or specific terms and conditions, especially in case of non-payment by the client of the amount agreed upon.
A contract cancellation as a result of a breach of the general or specific terms and conditions, the safety protocol, or the client’s rights and obligations as they appear in www.soultrekking.es, may result in: the client’s loss of the full retainer (30% of the total amount quoted) as compensation for damages, and Soul Trekking®’s right to charge the client for the expenses incurred in organizing the contracted activity or activities, should these be impossible to cancel without cost for Soul Trekking®.
- Special cases of cancellation of the activity or exclusion of a client:
Breach by the client of any of the instructions appearing in the contract and annexes (in particular, the safety protocol) or the specific instructions imparted just before the activity; including but is not restricted to the inadequacy or inappropriateness of the necessary equipment or material that the client must supply, or the participant’s manifest physical, technical or psychological inability to complete the activity in the opinion of the guide or person in charge, if the client fails to inform the company of this inability and it comes to light within 48 hours prior to the beginning of the activity, will result in the client’s forfeit of any amount paid, with no possibility of refund.
Should it be impossible to carry out the activity organized due to Acts of God, Soul Trekking® will offer the viable alternative most similar to the activity originally planned; should this not be possible, the client will be entitled to a refund of the full activity price, excluding the expenses incurred by Soul Trekking® for services that may not be cancelled without cost.
- Contract cancellation by the client:A. Should the client cancel the activity up to 15 days before it starts, he will be entitled to the refund of any amount paid, minus the expenses incurred by Soul Trekking® in organizing the activity, should it be impossible to cancel the arrangements already made them without cost for Soul Trekking®
B. Should the client cancel the activity within 15 days before it starts, he will be entitled to the refund of any amount paid, minus the expenses incurred by Soul Trekking® in organizing the activity, should it be impossible to cancel the arrangements already made without cost for Soul Trekking®, minus 30% of the total quoted as damages.
- Any modification of the routes, characteristics or services proposed by the client while the activity is being carried out will be invoiced separately in compliance with the express agreement reached with the client.
- Notwithstanding the binding applicable regulations, the relations, obligations and rights deriving from the contract for the provision of services will comply with Spanish law, and will fall under the jurisdiction of the Courts in Benidorm (Alicante, Spain).
- In the case of discrepancy between the versions of these general terms and conditions in various languages, as published on the website or by any other mean, the version in Spanish shall prevail.
- In the case of discrepancy between the provisions of these general terms and conditions and a contract for the provision of services, the general terms and conditions shall prevail.
- In compliance with the Organic Law 15/1999 from 13th December concerning the Protection of Personal Information, clients and users of Soul Trekking® are hereby informed that Soul Trekking® will enter their personal information in a registry owned by the company, to the purpose of providing the services deriving from the contractual relation or for the company’s marketing activities. Soul Trekking® does in no case sell or pass on to third parties the information filed in said registry, nor any other information it may have by virtue of the contractual relation, including information collected during the negotiations prior to the contract. Clients and users may exercise their right to access, correct, delete and stop the company’s treatment of this information using the address given to this effect in these general terms and conditions.
- Soul Trekking® will provide the relevant authorities any information as required by Decree 22/2012, dated 27th January, from the Consell de la Comunidad Valenciana, which regulates active tourism in the Comunitad Valenciana.
SARS-COV-2, COVID 19, GENERAL TERMS AND CONDITIONS OF BUSINESS, ANNEX
Soul Trekking will implement every measure required by law, and more, (The Spanish government has published on 10 May the first 12 guides with safety-hygiene protocols, which we will follow carefully.)
Soul Trekking will have the applicable Guide (number 8, concerning Active Tourism and Ecotourism) for reference, will follow its guidelines, and will make it available to our customers upon request. We will also carry a copy during the activities.
Soul Trekking, in compliance with the applicable Guides, will:
- Check the participants’ temperature before each activity with a contact-free thermometer.
- Provide (and request the use of) hand-sanitizer, free of charge.
- Provide and request the use of masks when legally required. You are kindly requested to bring your own masks, and Soul Trekking will have masks available (as well as disposable gloves if requested) for all participants for a small fee.
- Our vehicle will be cleaned and disinfected following national sanitary guidelines.
Please note that the booking implies the acceptance of the protective measures mentioned above.
- If, despite all precautions being taken, you fall ill with Corona virus, you are not covered by this policy. This is standard practice, and it means that you should check with your travel and medical insurance policy who would be responsible for covering the costs of your treatment.
- Again, if you fall ill despite all our precautions, Soul Trekking has already checked where you should be taken for assessment and treatment and has made the necessary arrangements, so that no time would be wasted.
- If any participant shows symptoms compatible with COVID-19 or SARS-COV-2, he or she must report it immediately to the person responsible at Soul Trekking, who will inform the medical center responsible (that is the Primary Care Center in the area). This medical center will decide how to proceed and take appropriate measures.
- If a participant is aware of having any symptoms and fails to report it to Soul Trekking, or fails to follow Soul Trekking’s instructions on this matter, this will cause the cancellation of the activity. In these cases, the participants will have no right to any reimbursement, and Soul Trekking may undertake other legal actions as appropriate.
- Cancellation policy regarding corona cases: the cancellation of an activity (or part of an activity in the case of several day trips) due to the corona virus is considered an Act of God. In compliance with the General Terms and Conditions, paragraph 24.2, the client will have the right to recover the proportional amount already paid for the activity that cannot be carried out, except for the expenses already made by Soul Trekking which cannot be recovered.
II. USERS’ AND CLIENTS’ RIGHTS AND OBLIGATIONS
In compliance with the provisions of article 10 of Decree 22/12, dated 27th January, from the Consell de la Comunidad Valenciana, concerning users’ or clients’ rights and guarantees, as well as other applicable laws, please be informed that:
- All contracting shall be done via e-mail; the client’s confirmation email shall include an express statement of his having read, understood and accepted the GENERAL TERMS AND CONDITIONS, having been informed of the CLIENTS’ RIGHTS, and his commitment to following the SAFETY PROTOCOL in the terms published in soultrekking.es.
- The activities offered to the clients are always “customized”, and they are not closed packages. Therefore, the marketing information appearing on the website or any other advertising medium, concerning the destination, duration, itinerary or route to be covered, description of the activity, prices, etc., is intended as guidance and subject to price changes due to factors such as services hired with third parties, among others. The e-mail from Soul Trekking® with the offer of specific activities is in itself the specific contracting conditions.
- Prices published on the webpage or any other advertising medium are always including VAT.
- In compliance with applicable laws, clients are hereby informed that Soul Trekking® offers activities for groups of up to 5 persons starting from €250 (two hundred and fifty euro). This amount includes only:A. Proposal of a route or activity;
B. A guide that accompany the group during a morning or afternoon;
C. Information legally required concerning safety and environmental protection, technical guidance, clients’ rights and guarantees;
D. Accident, rescue and liability insurance.
Any other service rendered will be invoiced according to the agreement expressly reached with the client.
For individual clients, please check our rates.
- The price of any activity will be expressly agreed upon with each client, and may vary depending on the specific characteristics of the activity and the complementary services that the client chooses to hire, such as route modifications, additional amenities (showers during the activity, physiotherapy, catering, technical assistance, or similar services).
- Should the activity be extended due to Acts of God, weather conditions or any such other, the expenses arising from accommodation, transfers, food and any others necessary to guarantee the client’s safety, or expressly agreed upon to increase the client’s comfort outside of the program, shall be borne by the client.
The cost of any service not expressly included in the contract shall be borne by the client that request it.
- Clients shall receive detailed instructions regarding environmental protection in general, and with regards to the activity to be carried out in particular, about the kind of clothing and equipment that must be used (if not provided by the company), the physical conditions and skills required for the activities, minimum age, minimum or maximum number of participants, as appropriate; difficulty or danger rating of the activity, and any other issue that, given the means, equipment, techniques employed, area, physical space or nature of the activity, the users should be aware of in order to be able to follow the activity.
- In the case of cancellation of the activity/activities, the provisions of the GENERAL TERMS AND CONDITIONS will be applicable.
III. SAFETY PROTOCOL
- Before the activity:
A. Please make sure that you understand all the instructions in the document as it appears on the website, as well as any instructions you receive from the guides or persons in charge during the contracting phase or immediately before starting the activity.
B. Please follow the instructions from the guides or de persons in charge, both during contracting and immediately before the activity starts. In particular, follow the instructions regarding the equipment necessary and the proper preparation for the activity, where applicable.
C. Please be as truthful and precise as possible in the information you provide the guides and persons in charge about your physical abilities and your technical skills.
D. In the moment of contracting, or as soon as they become known to you, you must inform the company of any circumstances, of any kind, that may have an impact on the activity: allergies, food intolerances, physical and psychological limitations (both you own and the persons’ in your charge, where appropriate).
E. Please make sure that you have with you:
- A mobile phone with a charged battery. Give your guide your mobile’s number. Do not waste your battery: in the countryside a mobile phone is a means of safety.
- A whistle and a flashlight or headband lamp.
- Equipment and clothing adequate to the activity, taking into account the activity, season, weather forecast, etc., and in any case in accordance with the instructions issued by the guides or the persons in charge upon contracting the activity or immediately before the activity starts. Take care to choose clothing in bright colors.
- Adequate sun protection, where appropriate.
- A first-aid kit for your personal use with the medication or specific items required by your personal circumstances, and in any case if you have not informed the guides or persons in charge so that they can take the necessary measures to ensure you safety and comfort.
- During the activity:
A. Please follow at all times the instructions from the guide or person in charge, in particular but not only in regards with:
- Adequate amounts of food and drink.
- Adequate clothing and shoes for the activity.
- Adequate sun protection, where appropriate.
- Specific safety measures for the activity at hand.
B. The guide will take the necessary measures to ensure the safety and comfort within reason for all members of the group, as well as to adapt the activity to specific circumstances.
C. Please report as soon as possible to the guide any incident during the activity, whether it affects you directly or another participant.
D. Please do not get cut off from the group. Before this can happen, please inform the guide yourself or get the closest participants to you to let him know of your difficulty or inability to carry on with the activity. If you do become cut off, remain calm. Do not wander off, stay on the path and wait. Use the means of communication at your disposal (mobile, GPS if you have it); should this not be possible, call for help by blowing the whistle (6 short whistles in one minute) and, if appropriate, by means of the lighting elements (flashlight or headband lamp). If you find yourself in a place with low visibility, walk on the path only if the path is obvious, and only the shortest distance necessary to reach a point with better visibility. Protect yourself from the elements (cold, heat, rain, etc.) Wait to be rescued. Do not start a fire. Take food and water within reason.
E. In case of rescue, the way to indicate that you need rescuing is raising both arms forming a “Y”. One arm raised up means that you do NOT need help.
F. Do not use any kind of drugs during the activity. If you take alcohol, please do so in moderation, taking into account the kind of activity you are doing.
G. Soul Trekking® strive not only for the satisfaction of clients and users, but also for their education and awareness with regards to the preservation of the environment, including its appearance. Do not leave behind any waste, be it plastic or metallic or any other kind, even if it is biodegradable
H. Failure to follow this rules results in a diminished quality of service and of your own safety, has an adverse impact on the environment and damages the interests of those who, like Soul Trekking®, strive to make sustainable and responsible use of resources and promote awareness of, respect for and preservation of Nature. Failure to follow the instructions received before or during the activity may move the guide to take the necessary measures to ensure the safety of the group as a whole and of each member in particular, as well as the protection of the environment, including the exclusion of the relevant participant and even the cancellation of the activity, should this be necessary.
- After the activity:
A. Please report to the guide or person in charge any incident that may have occur, even if it hasn’t caused any alteration with respect to the activity’s program.
B. We want to be even better! Please send your comments to firstname.lastname@example.org or let the guide or person in charge know about the activity’s aspects that you value positively or negatively.
- In order to ensure the effectiveness of this protocol, Soul Trekking® undertakes to:
A. Analyze the risk factors of every activity, both general and specific, with the field work needed to guarantee the client’s safety and comfort.
B. Keep an optimum client to technician ratio.
C. Inspect and check the company’s and the client’s equipment and materiel.
D. Check the weather forecast.
E. Inform the clients of all and any circumstances that may affect their security: destinations, routes, equipment and materiel, physical conditions and skills required.
F. Verify the clients’ aptitude and condition, beyond the information provided by the client. In the case of the most challenging activities, Soul Trekking reserves the right to demand from clients that they first carry out a less demanding activity, so we can evaluate and adapt our proposal accordingly, in compliance with the general terms and conditions published on our site.
G. Have adequate medical and communication means.
H. Have the necessary transport and evacuations means in the case that the do not be covered by the company’s accident and rescue insurance policy.
IV. WEBSITE’S CONDITIONS OF USE
- Soul Trekking® is not responsible for the use that private persons make of the information appearing on this page, or for the damages arising from this use. Soul Trekking® is only responsible for the truthfulness of the information we prepare and publish on our page.
- The audiovisual materials created and published by Soul Trekking® on our webpage can be disseminated freely for non-profit purposes. In the case that the client or user of our services wants to forward, always for free, any content generated or published by Soul Trekking®, we kindly request that he do so with indication of the page source of the material, that is, soultrekking.es. The reproduction by any means of the audiovisual material generated or published by Soul Trekking®, for profit, is strictly forbidden.
- The audiovisual content generated and published by third parties on our webpage will be subject to the conditions established by the author. Soul Trekking® shall not be responsible for misuse or distribution of these materials by other parties, or for the consequences that may arise.
- Soul Trekking® may use for advertising purposes the audiovisual content generated and published by third parties on our webpage, barring explicit refusal by the content’s author.
- Soul Trekking® reserves the right to publish extracts or edited versions, without distorting their meaning, of comments and contributions from third parties that may have been published by private persons.
Soul Trekking® reserves the right to delete comments and contributions, or to block third parties from accessing the page if they are deemed by the company to be inappropriate, unrelated to the company’s activity, violent, offensive or lacking respect in any way, or attempt to profit financially from the company’s work, or any similar cause.
- Both the GENERAL TERMS AND CONDITIONS OF BUSINESS and the section USERS’ AND CLIENTS’ RIGHTS AND OBLIGATIONS are applicable to the use of this webpage, where relevant.
- The process of negotiating and contracting shall be done via phone and/or e-mail;
- Once we receive your request, we will get in touch with you to elaborate on the details and suggest the activities best suited to your wishes, as detailed as necessary to ensure your satisfaction.
- Once you receive Soul Trekking®’s proposal, you will have up to 15 days to confirm your booking and pay 30% of the full quoted price into the appointed account, which will be held exclusively by Soul Trekking® or the person responsible for the company. The booking will not be confirmed and formal until this amount has been paid. Your confirmation e-mail and the payment of this amount into our account implies your acceptance of the GENERAL TERMS AND CONDITIONS, your acknowledgement of having read and accepted the CLIENT’S AND USERS RIGHT’S AND OBLIGATIONS that attend you, and the SAFETY PROTOCOL as it appears on our webpage.