General conditions (contract)
OTROS CAMINOS TOURS, GUIDED AND SELF-GUIDED, GENERAL CONDITIONS (CONTRACT)
The inscription and reservation form, along with these conditions, form the contract between the traveller/client and Otros Caminos travel agency.
1. AIM OF THE CONTRACT:
The carrying out of the tour offered and organized by Otros Caminos, whose details and services appear on the reservation form.
Prices offered by Otros Caminos SL include taxes and are per person based on two sharing a double room. They vary according to the services and options stated on the registration form and are explained in detail in the section called “Terms and conditions of services” of this contract.
3. TOUR PROGRAMME AND RESERVATIONS:
Tour programmes are based on a route by bicycle or on foot on trails which are not necessarily marked or signposted, and their itineraries are described under the same title as that appearing on the reservation form on the web page www.otroscaminosnl.otroscaminos.es and www.differentroutes.com. When you fill out this form you accept all the general conditions of the contract, as well as the details of the tour you have chosen.
4. MODIFICATION AND RESOLUTION OF THE CONTRACT:
A. TYPE OF TOUR.
The type of tour (including routes through deep countryside, subsequent weather implications, unforeseeable obstacles etc.) that Otros Caminos designs and promotes, requires a flexible attitude in the client / traveller. The itinerary serves as an objective but not as a contractual obligation. The client / traveller must understand and accept this flexibility given that there could always be adverse events that require modifications in the itinerary, such as the weather, state of the ground and paths, unforeseeable situations etc.
B. MINIMUM NUMBER OF PEOPLE IN GUIDED GROUP TOURS ORGANISED BY OTROS CAMINOS.
In order for a group tour organized and guided by Otros Caminos S.L. to go ahead there must be a minimum of 10 people taking part. If this minimum is not reached, Otros Caminos reserves the right to cancel the tour, informing the traveller a minimum of 10 days before the anticipated departure date (Spanish Law 21/1995)
C. AUTHORITY AND RESPONSIBILITY OF THE GUIDING STAFF.
A client / traveller who signs up to an organized guided group tour must agree to respect the authority of the guide. Signing our reservation form supposes the acceptance of this condition. Therefore, if during an organized guided group tour, a client’s behaviour acts in detriment of the safety and well-being of the group, the guide can ask said client to leave the tour with no rights to reimbursement of costs. In other cases the Spanish law 21/1995 (regulating combined travel services) will apply.
The client may cancel services ordered or paid for at any time, with right to reimbursement of monies paid minus management and cancellation costs, with the duty to pay Otros Caminos S.L. the quantities according to the contract and the number of days in advance of the departure date that we have received written notification of the cancellation.
This eventuality can be covered with a travel insurance policy covering cancellation charges.
The Agency complies with all legal requisites regarding travel agencies and combined travel services. Nevertheless, due to the nature (sport and adventure) of its tours, the client assumes all risks associated with them and the Agency does not accept responsibility or claims for accidents, injuries, personal damages, etc. which must be dealt with through the insurance policy of the participant if he/she has one.
7. USE OF PHOTOGRAPHS:
Any image of the traveller taken by our guides or any Otros Caminos member of staff or collaborator on any of our tours may be used by the company in any medium (existing now or in the future) without cost or the need to make any payment to the client. The aim of these images will be the illustration of the company’s promotional or advertising material, such as catalogues, slides, videos and web pages.
8. USE OF ROUTE GUIDES AND OTHER INFORMATION PUBLISHED BY OTROS CAMINOS SL:
Books or route guides published by Otros Caminos SL, whether on paper or in electronic format, have been created with professionalism and care. Nevertheless, the constant changes made by man on the landscape, technological limitations as well as accidental errors which might have occurred in the measurement and mapping process, could result in some items of information contained in them being incomplete or inaccurate. Hence Otros Caminos declares that on the date of publication the route can be carried out on foot or by bike in its totality as described, but cannot be responsible after this date for any changes caused by forces of nature or by private or public actions (such as the fencing of farms/estates, the declaration of new protected areas and others), that make the route partially or completely impassable, or that cause doubts as to the correct path to follow. The buyer agrees to use this information specifically within the framework of the tour subscribed to, or outside this framework, for his/her personal enjoyment, the distribution or passing on of the information to other persons being strictly prohibited. The books or route guides are protected by the Spanish “Ley de Propriedad Intellectual” (Copyright law) and any copying, reproduction, distribution or exploitation of the material by any means is strictly prohibited.
9. USE OF GPS SATELLITE NAVIGATION RECEIVERS – BEING EITHER PROPERTY OF THE TRAVELLER OR RENTED FROM OTROS CAMINOS S.L..:
The navigation information / files have been produced by Otros Caminos S.L. with the aim of helping their clients / travellers travel more easily on unmarked paths and tracks, exclusively on foot or by bicycle; this does not remove the client’s need for basic knowledge of countryside orientation, nor use of other more secure instruments such as topographic maps and compass. This information is protected by the Spanish “Ley de Propiedad Intellectual” (Copyright law) and any copying, reproduction, distribution or exploitation of the material by any means (including any type of computer programme) is strictly prohibited. The buyer agrees to use this information specifically within the framework of the tour subscribed to, or outside this framework, for his/her personal enjoyment using his/her own GPS receiver, the distribution or passing on of the information to other persons being strictly prohibited. Otros Caminos takes no responsibility for errors that the traveller could make en route as a consequence of his/her lack of ability in the use of the GPS receiver, through accidental or non-accidental errors or lack of reception of the GPS system, or through errors or failures in the functioning of the GPS receiver carrying said information.
10. HIRED EQUIPMENT (SUCH AS BIBYCLES, GPS RECEIVERS, ACCESSORIES, ETC.)
The Renter undertakes not to misuse the rented material, returning it to the Otros Caminos S.L. headquarters with all its accessories and in the same condition as it was received. Otros Caminos S.L., as the owner, has the right to charge the Renter for any damage caused to the equipment during the rental period, as well as the value of the rented material in case of loss or theft. Otros Caminos will require a deposit (the amount depending on the type of material to be rented), meant to cover any damage, should this be the case. This deposit should be paid by the renter prior to handing over of the material, either in cash or by another normal method of payment (e.g. refundable credit card deposit), which will be refunded (or cancelled), on return of the material in perfect condition.
Otros Caminos S.L. is not responsible for any damage or deterioration of the rented material as a result of circumstances out of the company’s control (dangerous riding, bad state of tracks and paths, etc.).
In case of loss or theft of equipment, Otros Caminos S.L. reserves the right to demand the replacement of the equipment or the current market value of identical apparatus or the most similar apparatus available, if identical apparatus is no longer available.
Nevertheless, if the equipment is subsequently returned by the Renter in a satisfactory condition, Otros Caminos S.L. undertakes to refund the Renter’s indemnity within 14 days.
The Renter will not use the equipment while under the influence of alcohol or drugs, nor under circumstances that imply an unacceptable level of risk in the activity for which the material is designed, such as the riding of bicycles cross-country, or by night etc.
Otros Caminos S.L., as set down in the Spanish “Ley Orgánica 15/1999” of 13th December 1999, concerning Protection of Personal Information, advises that personal information gathered in the inscription and reservation form will be registered in an automated computer file, created and maintained exclusively by Otros Caminos S.L. The information will only be used to manage the tour and its services on behalf of the client, and it will be released, only when necessary, to those involved (suppliers and collaborators) in these services to the same end. Only with express authorization from clients, Otros Caminos S.L. will use their details to send them special, personalized offers. In line with this law, the user can access this information to modify or delete it without interaction on the part of Otros Caminos S.L. Except in the fields that state the contrary, replies to questions about personal information are voluntary, and failure to complete them has no repercussions on the quality or quantity of the corresponding services, unless otherwise stated. The User agrees that his/her personal details may be divulged for the purposes outlined above to the Otros Caminos-Tienda Viajera S.L. company (related to the inscription and reservation of a tour, the sending of special, personalized offers) whose address is Socrates 4, Granada, Spain.