BOOKING CONDITIONS FOR ADRENALINE LX, S.L. SERVICES.
1. SCOPE OF APPLICATION
These general booking conditions (the “General Conditions“) apply to the booking of activities and services (hereinafter the “Services“) on the website https://escuelanomad.com/ and derived addresses (hereinafter the “Website“), between ADRENALINE LX, S.L. (“Nomad“) and the customer who places an order through the Website (the “Customer“).
The confirmation of the booking/reservation by the Customer implies the unreserved acceptance of these General Conditions which prevail over all previous versions or agreements between the parties, including the exchange of e-mails. These General Conditions may be modified at any time, so it is recommended to read them before placing each order.
In this sense the contract between the Customer and Nomad is concluded with the successful completion of the booking process and payment.
It is possible that, in addition to these General Conditions, specific conditions may apply to a particular product, service or promotion (the “Specific Conditions“), in which case, they will be duly indicated and may be viewed and downloaded at any time prior to acceptance.
2. BOOKING REQUIREMENTS
The Customer must be of legal age and have the necessary legal capacity to contract the Services. Nomad is not responsible for the truthfulness and accuracy of the data provided by the Client and, therefore, cannot verify the age of the Client. The Client declares that he/she meets this age and capacity requirement at his/her own risk.
The reservation of classes for minors will require the consent of their legal representatives.
The Client declares, under his/her responsibility, that he/she or the student who will carry out the activity does not have any physical impediment (asthma, epilepsy, heart problems, allergies or other diseases), nor psychic impediment to develop such activity or that could endanger his/her integrity or that of the rest of the students.
3. DESCRIPTION OF SERVICES; RESERVATION PROCEDURE
3.1. DESCRIPTION OF SERVICES
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Nomad makes available to the Client various Services through the Website that can be reserved or contracted according to their availability, which will be indicated on the Website itself.
Services do NOT include:
- Accident insurance covering the practice of skiing or any other sport outside the ski area of Baqueira Beret.
- Materials for the practice of any sport with Nomad: appropriate warm clothing, basic equipment for each sport (skis, poles, boots, helmet, bike, windsurfing, kitesurfing or climbing equipment).
- Forfait during the activities with the school. Each student must have a valid ski pass for the use of the ski lifts of the ski resort of Baqueira Beret .
3.2. RESERVATION PROCEDURE
When the Client makes a reservation through the Web Site, the reservation remains in pending status until the payment is made in full through the established payment methods, at which time the reservation is confirmed.
In the event that the method of payment chosen by the Client is by bank transfer, Nomad reserves the right to temporarily suspend the confirmation of the reservation until verification of the deposit, effectively, in the bank account owned by Nomad.
If the bank transfer is not received within 7 days after confirmation of the reservation by the Client, the reservation will be cancelled.
Confirmation of a reservation will be sent to the Client by e-mail containing the details of the Service.
4. ECONOMIC CONDITIONS
4.1. PRICE OF SERVICES
The prices of the Services are indicated in Euros and include any applicable taxes, including Value Added Tax (VAT).
In order to make a reservation, a bank card number must be provided as a guarantee of payment for the Services or for any applicable cancellation fees, in accordance with section 6.2.
Nomad reserves the right to modify, at any time and without prior notice, the price of the products and services offered through its Website.
In order to guarantee the Customer the certainty of the price of its Services, this will be the one in force in the advertising coinciding with the moment of formalizing the order.
4.2. PAYMENT
Payment must be made in Euros only, in full at the time of booking, by credit card or bank transfer.
In case of bank transfer, proof of the transfer must be sent to the e-mail info@escuelanomad.com. In case the bank transfer is not received within 7 days after the confirmation of the reservation by the Client, the reservation will be considered cancelled.
The payment methods available on the Website will be those indicated at the time of booking. Some of them are managed by third party providers, such as payment by credit card, so that, in this case, the bank details of the Customer who pays by credit card will not be retained by Nomad.
4.3. INVOICES
The Customer acting in a business capacity must contact Nomad – prior to the final validation of an order – in order to issue a business invoice. The Business Customer shall communicate to Nomad the information necessary for the issuance of the invoice, as well as its intra-Community VAT number if required.
RIGHT OF WITHDRAWAL
The right of withdrawal is the right of any consumer to withdraw from a contract within 14 calendar days from receipt of the products purchased or, in the case of services, from the reservation, without having to justify their decision or bear any penalty for it.
The Customer may withdraw from a contract within 14 calendar days of booking, without stating the reason and without incurring any cost. However, the right of withdrawal shall not apply:
- In the event that the reservation or reservation concerns the provision of Services, once the Service has been fully performed. If the Customer has requested that the provision of the Services commence during the withdrawal period, the Customer shall pay Nomad an amount proportional to the part of the Service already provided at the time the withdrawal is communicated, in relation to the total object of the contract.
- In the event that the reservation or booking is for a course, activity or service for which a specific start date or period of execution is fixed, in application of the provisions of article 103 of the law on consumers and users, regarding exceptions to the right of withdrawal, which states, among other cases, the supply of services […] services related to leisure activities, if the contracts provide for a specific date or period of execution.
In the event of cancellation, the Customer may use the model cancellation form below, although its use is not mandatory:
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To the attention of: Nomad School (adrenaline LX, S.L.)
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Consequences of withdrawal:
In the event that the Customer exercises the right of withdrawal, Nomad will refund the payment received, without undue delay and, in any event, no later than 14 calendar days from the date on which it informs the Customer of its decision to withdraw from this contract. Such reimbursement will be made using the same means of payment used by the Customer for the initial transaction, unless the Customer has indicated another method; in any case, no charges will be incurred as a result of the reimbursement.
MODIFICATIONS, CANCELLATIONS AND REFUNDS
No changes/cancellations are allowed once the corresponding course or activity has started.
6.1. MODIFICATIONS
Modifications to the reserved dates may be requested at least 72 hours prior to the day of arrival of the child. The approval of such modifications is subject to the availability of free places for the new dates requested.
6.2. CANCELLATIONS
- Cancellation BETWEEN 7 AND 4 DAYS IN ADVANCE OF THE BOOKING DATE. It entails the non-refund of the 30% paid.
- Cancellation 3 DAYS OR LESS IN ADVANCE OF THE DAY OF ENTRANCE. It entails the charge of 100% of the amount of the reservation.
- In case of total closure of the ski resort: 100% of the amount paid will be refunded.
Nomad also reserves the right to cancel a Service due to a lack of sufficient students to carry out the activity. In such an event, Nomad will offer the Client an option of equal or higher category than the one contracted. If the Client does not accept such a change, the amounts paid will be refunded.
6.3. REIMBURSEMENT PROCESSING
If a refund is made in accordance with the above paragraphs, the amount due will be paid to the Client using the same method of payment as the one used for the initial reservation / booking. The refund of the amounts will be made within a maximum period of 14 calendar days.
RESPONSIBILITIES
The Client shall be responsible for any damage caused to equipment and/or third parties. The Client, in this sense, contracts the Services under his/her own responsibility, being aware that the Services consist, in general, of high mountain sports that involve risks, and their practice may lead to physical injury to him/herself or to third parties.
Nomad does not guarantee specific results to the Client for participation in the courses and activities that are part of the Services.
In the case of Services taking place within a ski resort, Nomad shall not be liable for partial or total closure of the resort due to adverse weather conditions or any other cause. Except in the event of total closure of the resort, the Services are non-refundable.
The student must respect the rest of the participants of the activity or course in which the Service consists, complying with the instructions of their instructors or monitors; otherwise, the student may be expelled without reimbursement.
Nomad will not be responsible for any loss or theft of personal belongings of the Client or the person participating in the activity, nor of the materials hired by them.
Maximum Liability. To the extent permitted by law, the aggregate liability of Nomad, its partners and its staff for any damage, injury or claim arising out of the Services shall not exceed 601,012.10.
Indirect Damages. Nomad shall not be liable (except as otherwise provided by law) to Customer for any damages, compensation or indemnification based on consequential damages (including, without limitation, loss of use, loss or inaccuracy of data, loss of profits, business interruption, costs of delay) or any indirect, special, incidental or consequential damages of any kind, even if advised in advance of the possibility of such damages.
Force Majeure. Neither party shall be liable to the other for failure to perform its obligations hereunder to the extent that such failure or delay is the result of a cause or circumstance beyond the reasonable control of the affected party that could not have been avoided or overcome by acting reasonably and prudently (such as, but not limited to, fires, floods, strikes, labor disputes or other industrial unrest, war – declared or otherwise, blockades, legal restrictions, riots, insurrections, governmental regulations and the unavailability of transportation facilities). The affected party shall: a) immediately notify the other Party and provide full information about the Force Majeure; b) use its best efforts to overcome the Force Majeure; and c) continue to perform its obligations to the extent possible.
8. PROCESSING OF PERSONAL DATA
The Client declares that all information provided at the time of booking is true, complete and accurate. All personal information will be treated by Nomad in accordance with the Privacy Policy.
MISCELLANY
9.1. COMMUNICATIONS
Communication between Nomad and the Customer shall be by means of e- mails, which shall be binding between the parties, in the same way as the automatic registration systems used on the Website, in particular as regards the nature and date of the reservation.
The Customer may access, in accordance with the rules of common law, the electronic contract concluded with Nomad, by contacting Nomad by e-mail at info@escuelanomad.com, providing all the necessary information in this regard, in particular the order number and the Customer’s data.
9.2. PARTIAL INVALIDITY
If one or more provisions of these General Terms and Conditions are deemed invalid or are declared as such by virtue of a law, regulation or following a final judgment of a competent jurisdiction, the other provisions shall retain their full force and scope of application.
9.3. ABSENCE OF WAIVER:
The fact that one of the parties has not demanded the application of any clause of these General Terms and Conditions, either permanently or temporarily, shall in no case be considered as a waiver of the rights of said Party, which emanate from said clause.
9.4. HEADINGS
The titles and headings of the clauses are included merely for illustrative purposes.
9.5. MODIFICATION OF THE GENERAL CONDITIONS
Nomad reserves the right to modify these General Terms and Conditions at any time and without prior notice. Any new version of the latter will be indicated on the Website.
9.6. CONTRACT INTEGRITY
These General Terms and Conditions and the booking summary sent to the Customer by e-mail form a contractual whole and constitute the entirety of the contractual relations established between the parties.
10. LANGUAGE; APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions may be made available to the Customer in several languages. Therefore, in case of doubt or contradiction between the different versions, the English version published on the Website shall always prevail.
The online version on the Website at the time of the Customer’s booking shall prevail over any other version of these General Conditions previously published.
These General Conditions and their execution are subject to Spanish law, unless otherwise provided by law.
In the event of any dispute arising from the interpretation or application of these General Terms and Conditions, and when the discrepancy or claim is not resolved amicably, the Parties shall submit to the courts or tribunals of the Customer’s domicile, in the event that the Customer acts as a consumer. Where the regulations do not provide for a mandatory jurisdiction (i.e. in the event that the Customer is not considered a consumer), Nomad and the Customer submit the decision of the matter to the Courts and Tribunals of the city of Lleida.
The European Commission also offers a platform for alternative dispute resolution, which can be accessed by any consumer at the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES
11. CONTACT
In case of doubts, queries or to make any claim, the Client may contact Nomad at any time through the following channels:
- Postal address: C/ Baile Francisco Barra Vid, 4 01 02. 25599 Naut Aran (Lleida)
- E-mail: info@escuelanomad.com