These general contracting conditions (hereinafter the “General Terms”) aim to regulate the online management and sale of Winter, Heliski, Snowshoes, Ski touring, Summer, Canyoning, Via ferratas, Trekking, Zipline parc , Bridge swing (hereinafter collectively the “Services” and individually the “Service”), which is offered for sale to the public by the company EXPERIENCIA EN MUNTANYA MARK-TONI SL (hereinafter “EXPMUNT, S.L.”) through the website “www.experienciamuntanya.com” (hereinafter, the “Platform”). In addition, these General Conditions aim to regulate the management and sale of Services, in the case of very specific Services including, but not limited to requesting a Service with a specific activity that is not available on the Platform, cannot be booked via the Platform (hereinafter collectively the “Specific Services” and individually the “Specific Service”).
We ask EXPMUNT, S.L. users (hereinafter, collectively the "Customers" and individually the "Customer") read these General Terms carefully, as completion and submission of the
electronic purchase order for each selected Service and/or Specific Service (hereinafter the “Purchase Order”) implies the Customer’s full and unreserved acceptance of all the
General Terms. For this purpose, before the Purchase Order is submitted, the Customer is required to electronically accept the General Terms, as well as additional information on
personal data processing and EXPMUNT, S.L. cookies policy (Hereinafter, the "Privacy and Cookies Policy"). Notwithstanding the foregoing, any modifications made to the General
Terms or Privacy and Cookies Policy after the date on which the specific Payment Order for a Service and/or Specific Service is submitted are not applicable to the Customer.
Should the Customer disagree with the General Terms and/or Privacy and Cookies Policy, the Customer must not purchase the Services and/or Specific Services
1. The Customer declares that they are of legal age and capacity to enter into this agreement and agrees to use this Platform in accordance with the General Terms and the
Privacy and Cookies Policy, all of which they declare to have understood and acknowledged.
2. By accessing the Platform, placing orders for Services and/or Specific Services and, in general, purchasing Services and/or Specific Services, the Customer takes on the
following obligations:
(a) To use the Platform and online purchase service in accordance with current applicable Andorran law.
(b) Not to breach EXPMUNT, S.L.’s, its providers’ or third parties’ property rights, intellectual or industrial property rights, or other rights or legal positions of similar economic content.
(c) Not to submit any false or fraudulent Purchase Orders. Should EXPMUNT, S.L. find that the Customer is placing false or fraudulent orders, EXPMUNT, S.L. reserves the right to cancel the corresponding order and inform the relevant authorities.
(d) Provide EXPMUNT, S.L. with their correct email address and other personal and contact details that may be required by EXPMUNT, S.L., as well as credit or debit card details. And, should these details change, to inform EXPMUNT, S.L. by telephone on +376 847888 or by writing an email to experienciamuntanya@andorra.ad.
(e) Not to use this Platform for illegal or prohibited purposes. In particular, the Customer accepts that the Services acquired through this Platform and/or the Specific Services acquired via email are for their own use or consumption, or that of individuals on behalf of whom they are legally authorised to act. The Customer may not resell the Services acquired through this Platform and/or the Specific Services acquired via email to third parties.
3. Through this Platform, EXPMUNT, S.L. offers a management service through which the Customer may buy their selected Services and/or Specific Services. A purchase on this Platform and/or via email means that the Customer is submitting a Purchase Order to EXPMUNT, S.L. to acquire the Services and/or Specific Services, which implies an obligation to pay and must be confirmed by EXPMUNT, S.L.
In accordance with the provisions established in current Andorran legislation on consumer protection and contracts in the digital space, EXPMUNT, S.L.informs the Customer that:
1. Should the purchase be made via the Platform, the procedures to sign the Service agreement are as follows in consecutive order:
(a) The Customer must select the “Book online” option, which appears on the Services page selected previously.
(b) The Platform will then redirect the Customer to a form in which they will need to provide more information on the booking and purchase of the Services, such as the type of activity, the date of the activity, The Customer must then select the option “Continue”. The Platform will present the “activity details”, after which the Customer must select the option “Confirm activity”.
(c) To process the Purchase Order, the Customer must fill in their contact details (name, telephone number and email address, among others) and check that they and the order details are accurate. Once this step is done, the Customer must select the option “I have read and accept this website’s Terms and Conditions”, then select the option “Pay”.
(d) The Customer will be redirected to a virtual till, where they must enter the credit or debit card details requested by EXPMUNT, S.L.
(e) The Customer must then select the option “Authorise payment”.
(f) Once the Customer has received confirmation from EXPMUNT, S.L.in the form of the Purchase Order (hereinafter “Confirmation”), the Service agreement will be considered formalised.
The Customer may check for any errors in their details on the Purchase Order, once they have received it by email. To correct an error in their details once the Purchase Order has been confirmed, as soon as the Customer identifies the error, they must contact EXPMUNT, S.L. by email at experienciamuntanya@andorra.ad.
2. Should the Customer be unable to book a Service through the Platform as it is a Specific Service, the Customer may send an email to the address experienciamuntanya@andorra.ad, which is published on the Platform for the purpose of requesting Specific Services. The procedures to sign the Specific Service agreement in these cases are as follows in consecutive order:
(a) The Customer must send an email to the address experienciamuntanya@andorra.ad, which is published on the Platform for the purpose of requesting Specific Services.
(b) Once the Customer sends the email, EXPMUNT, S.L.will contact them to assist and guide them in the process of booking the requested Specific Services, which the Customer was unable to book via the Platform. In this case, for the Purchase Order to be processed, the Customer must provide the personal details required by ENSI, S.A. Before proceeding to payment, EXPMUNT, S.L.will provide the Customer with these General Terms and the Privacy and Cookies Policy, which govern the purchase and execution of the Specific Services requested by the Customer and are considered to be accepted when the Customer pays for the Specific Services.
(c) Once the Purchase Order is processed, EXPMUNT, S.L.will provide the Customer with a link through which they will be redirected to a virtual till, where they must enter the credit or debit card details requested by EXPMUNT, S.L.
(d) The Customer must then select the option “Authorise payment”.
(e) Once the Customer has received Confirmation from EXPMUNT, S.L., the Service agreement will be considered formalised.
3. The documentation, data and information relating to each Service and/or Specific Service agreement will be filed by EXPMUNT, S.L.for 5 years and may be sent to the Customer via email upon written request to the email address experienciamuntanya@andorra.ad during these 5 years.
4. The Service and/or Specific Service agreement (meaning the various documents that constitute it, including the General Terms, the Privacy and Cookies Policy, the Purchase Order and the Confirmation, as well as any emails exchanged in the case of a purchase via email) may be formalised in English, Catalan, Spanish, French, according to the Customer’s selected language.
The information contained in the General Terms and on the Platform does not generally constitute a sale offer by EXPMUNT, S.L., but rather an invitation to the Customer to use the mediation service offered by EXPMUNT, S.L. and acquire, if applicable, the Services and/or Specific Services.
There will be no agreement between EXPMUNT, S.L. and the Customer in reference to any Service and/or Specific Service until EXPMUNT, S.L. has received full payment for the acquired Service and/or Specific Service.
Purchase Orders shall only be processed electronically through the Platform and the electronic procedures established thereon, except for the case of Specific Services, where the Purchase Order may be processed electronically via email.
The Customer must therefore have provided all of the mandatory details requested by EXPMUNT, S.L. correctly and fully.
Once EXPMUNT, S.L. has confirmed the Purchase Order, should availability be confirmed for the booking of the Services and/or Specific Services that constitute the object of the Purchase Order, and payment has successfully been made, EXPMUNT, S.L. will send the Customer Confirmation and, if the Customer so wishes, an invoice to the email address indicated on the Purchase Order.
Therefore, as indicated, the Service and/or Specific Service agreement between the Customer and EXPMUNT, S.L. will only be considered formalised once EXPMUNT, S.L. has sent Confirmation to the Customer.
In the event that the Customer has not received Confirmation of the Purchase Order even though payment has been made successfully, the Customer must contact EXPMUNT, S.L. via the email address experienciamuntanya@andorra.ad to find a solution to this issue. If the payment is not made successfully, the Purchase Order will be considered cancelled and the Customer must begin a new Purchase Order.
All Purchase Orders are subject to the availability of the relevant Services and/or Specific Services.
Should the Services and/or Specific Services requested in a Purchase Order be unavailable when the Purchase Order is received, EXPMUNT, S.L. will inform the Customer via email and may offer them other Services and/or Specific Services of similar characteristics to those requested by the Customer, so that that Customer may acquire them if they so wish through a new Purchase Order.
1. The final price of the selected Services will be displayed to the Customer, along with a breakdown of costs, once the Service they wish to purchase is selected and before the Customer is bound by a contract or obligation to pay. This price includes the price of all the selected Services, including any optional extras, as well as any applicable taxes.
In the specific case of purchasing Specific Services via email, before proceeding to the payment stage, EXPMUNT, S.L. will inform the Customer of the final full price of the selected Specific Services, along with a breakdown of costs, including any taxes, before the Customer is bound by a contract or obligation to pay.
2. The price will be paid exclusively by credit or debit card through an online payment service to which the Platform will redirect the Customer once all the previous steps are completed and the Customer has selected the option “Pay”. In the case of Specific Services, the price will also be paid exclusively by credit or debit card, but through an online payment service to which EXPMUNT, S.L. will redirect the Customer via email once all the previous steps are completed and the Customer has indicated that they wish to acquire and pay for the Specific Service. The card payment service will be provided directly by the card issuer and, if applicable, the corresponding credit institution. The Customer’s credit or debit card will be charged immediately when Confirmation is sent. EXPMUNT, S.L. accepts no liability for third parties’ breach of the confidentiality and security of the information and data provided by the Customer to pay for electronic purchases via credit or debit card when said breach is beyond EXPMUNT, S.L.’s control, and when the
processing of said information and data is not exclusively under EXPMUNT, S.L.’s control. When the amount of a purchase is charged fraudulently or wrongly using a credit or debit card number, the cardholder may request the cancellation of the charge as long as they have followed the cancellation procedure established in the terms of the issuer and/or the credit institution responsible for the card and, if applicable, the card insurance. In this case, the relevant debt and credit amendments will be made to EXPMUNT, S.L.’s and the cardholder’s accounts as soon as possible. However, if the purchase was made by the cardholder and, therefore, the cancellation of the charge is wrongly requested, the Customer is responsible for compensating the damage caused to EXPMUNT, S.L. as a consequence of the cancellation.
3. The applicable taxes are payable by the Customer, who must pay them in accordance with the price of the Service and/or Specific Service. These amounts will be clearly indicated on the Platform or, in the case of Specific Services, in an email, and will be included in the total to be paid by the Customer both at the time of submitting the Purchase Order and in the Confirmation.
1. Should the Customer require any modification, they must contact Experiencia en muntanya directly, via email at experienciamuntanya@andorra..ad or by telephone on +376 847888, at least 24 hours before the Service and/or Specific Service acquired is to begin. Modifications may only be made during the season in which the Service and/or Specific Service is acquired. Should the Customer fail to make the modification during the corresponding season, they will lose the right to enjoy the Service and/or Specific Service.
2. Should the Customer require a cancellation, they must contact Experiencia en Muntanya directly, via email at experienciamuntanya@andorra..ad or by telephone on +376 847888. At any time and of their own accord, the Customer may cancel the purchase of the Service through this Platform and/or the Specific Service via email and will be entitled to a refund of the amounts paid. However, EXPMUNT, S.L. will apply a penalty of 100 percent of the total amount of the Services purchased if the cancellation is made less than 24 hours before the date on which the Service and/or Specific Service is to take place.
Likewise, if the Customer does not arrive at the date and time agreed in the Purchase Order, EXPMUNT, S.L. will apply a penalty of 100 percent of the total amount of the Services purchased.
Cancellations may only be made during the season in which the Service and/or Specific Service is acquired. Should the Customer fail to make the modification during the corresponding season, they will lose the right to enjoy the Service and/or Specific Service.
3. The characteristics of the Services and/or Specific Services, such as the date and/or time and/or the instructor, are subject to modification by EXPMUNT, S.L.These modifications must be accepted previously by the Customer. Should the Customer not accept them, the Service and/or Specific Service agreement will be automatically terminated and EXPMUNT, S.L.will refund the total price of the Service and/or Specific service paid by the Customer.
EXPMUNT, S.L. informs the Customer that any personal data provided by the Customer through the Purchase Order or generated in the course of the contractual relationship between the Customer and EXPMUNT, S.L. will be processed and included in files held by EXPMUNT, S.L. for the purposes foreseen and in accordance with the provisions of the Privacy and Cookies Policy.
Under the terms provided for by applicable regulations and the Privacy and Cookies Policy, the Customer may exercise their rights of access, modification, erasure or opposition by writing to EXPMUNT, S.L. at experienciamuntanya@andorra..ad. EXPMUNT, S.L. may request a copy of the Customer’s passport or ID document when the Customer exercises these rights.
1. Any communication between the Customer and EXPMUNT, S.L. regarding a certain Purchase Order and/or Confirmation may be carried out by post or email, or by telephone when this is indicated in the General Terms. For communication by post or email, EXPMUNT, S.L. provides the following addresses:
Experiencia en muntanya Mark-Toni S.L.
Casa Pastorella, Ctra Cortals Anyos
AD400, La Massana (Principat d’Andorra)
Email: experienciamuntanya@andorra.ad.
The Customer’s address for communication will be the one provided on the Purchase Order, or the one on record after the Customer modifies their address in accordance with the General Terms.
Any communication regarding a certain Purchase Order sent to the aforementioned addresses will be considered successfully received unless the recipient has notified the sender of a change of address at least 10 calendar days in advance.
2. The Customer may make a complaint or carry out any other kind of communication via post or email at the addresses mentioned in the previous clause (11.1). The Customer may also submit a complaint to the Department of Trade and Consumption at the Government of Andorra through the form at this link:
http://www.comerc.ad/images/stories/PDFs/reclamacio_consum.pdf.
The Customer must submit the form in person at the Prat del Rull building on Camí de la Grau, 4th floor, in the parish of Andorra la Vella.
The Services and/or Specific Services acquired by the Customer and the content on the Platform are subject to property rights, intellectual or industrial property rights, or other rights or legal positions of similar economic content belonging to EXPMUNT, S.L. or third parties which have granted EXPMUNT, S.L. the relevant licences or authorisations. Therefore, accessing the Platform or purchasing Services through the Platform and/or Specific Services via email does not grant the Customer any ownership of or right to use the aforementioned content or the Services and/or Specific Services (including through their
reproduction, distribution, public communication or dissemination, or transformation), unless EXPMUNT, S.L. or the third parties that hold the relevant rights and/or legal positions provide permission through a written licence or authorisation indicating so on the Platform.
1. All consumer rights provided for by Andorran law are guaranteed.
2. In cases of force majeure, EXPMUNT, S.L. accepts no liability for any damage deriving from its non-compliance with the General Terms or, in particular, for deficiencies in the reservation, confirmation and/or execution of the Services acquired through the Platform and/or of the Specific Services acquired via email. Force majeure covers any act or event beyond EXPMUNT, S.L.’s and the Customer’s reasonable control, including but not limited to adverse weather conditions, risk of avalanche, general or industry strikes that affect the execution of the Services and/or Specific Services, lockouts, fires or theft on EXPMUNT, S.L.’s premises that affect the Services and/or Specific Services, political or economic disturbances, or any other situation of instability that may affect safety conditions.
If any clause in these General Terms or in the Privacy and Cookies Policy is declared null and void by a competent authority’s decision, the remainder of the terms will continue to be in full effect, unaffected by the declaration of invalidity.
These General Terms may be modified by EXPMUNT, S.L. It is the Customer’s responsibility to read them periodically, as the General Terms applicable are those in effect at the time at which they access the Platform or enter into the Service and/or Specific Service agreement.
These General Terms are governed by Andorran law and subject to the non-exclusive jurisdiction of the Andorran courts. However, the provisions established in this clause will not affect the Customer’s statutory rights.
Darrera actualització: 06/12/2023