TERMS & POLICIES

1 Applicability/Contract Language/Definition

(1) The following General Terms and Conditions (GTC) apply to all contracts concluded between ROWILD and the customer.

(2) In our GTC, the term "tour(s)" refers to all outdoor activities that can be booked through contracts with us, such as tours, routes, trips, courses or other outdoor events.

2 Applicable Law/Consumer Protection Regulations

The contracts concluded between us and our customers on the basis of these GTC shall be governed by Spanish law. Under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). 

3 Personal Preconditions for Participation in the Tours Offered

(1) Every tour participant must carry an official identity card with picture.

(2) Participants under 18 years of age may only participate in the company of or with the written permission of a legal guardian, which must be submitted prior to the tour or event.

(3) The health condition of the participants must be suitable for the participation in the tours booked. For some tours, the participants therefore first need to complete a questionnaire to clarify any health risks. In this context, please also read section 4 and section 6 (2) of these GTC. The questionnaire is only required for selected and demanding tours that extend over several days and will be reviewed by us without delay upon receipt.

(4) It is essential to know how to swim.

4 Information on Risks, Personal Responsibility of the Tour Participants

(1) Despite careful planning and design in order to minimise risks, outdoor ventures are inherently associated with risks from weather, own behaviour, material behaviour, behaviour of others, animals, trees, rock slide and other general environmental influences as well as influences of non-urban off-road terrain, in the forest, on slopes and bodies of water.

(2) The questions on health risks in the questionnaire mentioned in section 3 (3) of these GTC shall be answered truthfully. Notwithstanding section 14 of these GTC, the tour participant cannot assert any rights against us if he conceals material information and this results in injury to him. The information is reviewed by us, but without consulting a doctor. Therefore, we expressly recommend obtaining (specialist) medical or psychological advice if the tour participant is not sure whether he is able to participate.

(3) Our activities are not suitable for pregnant women.

(4) Our liability is governed by section 14 of these GTC.

5 Consideration of Other Tour Participants/No Animals

(1) During an outdoor venture, all persons involved form a highly united community with intensive personal contact and little opportunity to retreat. Therefore, it is especially important to show mutual consideration and engage in respectful dealings with the various characters of this community, to endeavour to balance the different preconditions of the individuals and to demonstrate honest, calm and motivating behaviour. Should a participant be physically or mentally unable to continue to participate in the venture, the situation will be solved in such a way that the safety of this participant will be given top priority and the continuation of the tour will be of secondary importance.

(2) For safety reasons and consideration, animals cannot be taken along in all tours. Please refer to every route specifications for this matter.

6 Our Right of Revocation: Failure to Reach the Minimum Number of Participants, Non-Fulfilment of the Personal Conditions by a Tour Participant; Dangerous Circumstances; Consequences of Revocation

(1) We may revoke the contract until up to five days prior to the beginning of the tour if the minimum number of participants specified in the tour description is not reached for the tour. For expeditions, expedition tours and expedition courses 31 days of notice apply.

(2) Moreover, we may exclude individual tour participants from participation in the tour and thus revoke from the contract in full or in part in the case of a booking for several tour participants, which however are not all affected by the items listed below, if

a) the tour participant does not fulfil the requirements of section 3 (1) and (2) of these GTC;

b) the tour participant fails to complete the questionnaire mentioned in section 3 (3) and to send it to us within 14 after the booking, but no later than three days before the tour starts; if the confirmation that we accept the contract specifies a different time period, this period shall have priority;

c) our evaluation of the questionnaire mentioned in section 3 (3) reveals that the participation would endanger the tour participant or the performance of the tour. The tour participant is free to furnish evidence that no such risk is on hand. If the tour participant does not receive any feedback from us within seven working days or – if the beginning of the tour is less than seven days ahead after the receipt of the duly (see letter b) sent questionnaire – without delay after the questionnaire is sent, we will no longer revoke due to the information in the questionnaire.

(3) We may also revoke the contract if the Federal Foreign Office issues a travel warning for the tour destination or if the weather conditions or other unforeseeable environmental conditions that change at short notice at the tour location make the safe performance of the tour impossible.

(4) In the case of our revocation according to the preceding paragraphs except for (2) a), the costs of the tour booked with us will be fully refunded to the tour participant or a third party that made the booking on his behalf.

7 Cancellation and individual group bookings

(1) Cancellation of a booked tour is only possible in the case of bookings made by private individuals and only according to the following paragraphs.

(2) Cancellation conditions specified in the descriptions of special tours shall have priority over the following paragraphs.

(3) The cancellation for a tour participant can only be performed by the customer who booked the tour and only by e-mail. In the event of cancellation, the following costs will be incurred for each cancelled tour participant:

· Cancellation until the 31st day prior to the beginning of the tour: 25 percent of the tour price

· Cancellation from the 30th to the 15th day prior to the beginning of the tour: 50 percent of the tour price

· Cancellation from the 14th to the 4th day prior to the beginning of the tour: 75 percent of the tour price

· Cancellation from the 3rd day prior to the beginning of the tour: 100 percent of the tour price

(4) If a substitute participant who fulfils the requirements of section 3 of these GTC is found by the cancelling tour participant in substitution for the cancelled tour participant, the cancellation costs will not be charged.

(5) The minimum number of participants for individual group bookings (company outings, incentives, team-trainings, private groups) is 3 participants. By acceptance of the offer, a binding number of 3 or more participants is set. 

8 Nature Conservation

All who participate in our tours undertake not to intentionally leave any rubbish or other items in nature. To the extent possible, we leave campsites without any marks and, as a matter of principle, move around in nature in a respectful, considerate manner, maintaining a reasonable sound volume.

9 Alcohol Consumption

The practice of sports/tour activities under the use or influence of drugs, narcotics or alcoholic beverages is totally prohibited.

10 Consent to Publication of Photographs and/or Video Recordings

Photographs and video recordings are always taken during the tours. We shall be authorised to use all photographs and video recordings for our own website https://rowildpackraft.com, or any other used social media network or advertising material and press releases and to forward them to the press for publication of articles in printed media and telemedia (e.g. websites, social media accounts and apps). Furthermore, we may also make the photographs and video recordings available to other tour participants in electronic form, subject to the provisions of section 11 of these GTC.

11 Permission to Use Photographs/Video Recordings Received from Us

(1) Photographs and/or video recordings made available by us may be used for private purposes only and in accordance with the following rules:

-The photographs and/or video recordings may be made publicly accessible within the scope of private use on websites that exclusively serve private purposes and in private social network accounts and private social network accounts of friends (natural persons only). However, the following copyright information shall be provided right next to the photographs and/or video recordings:

Copyright: Rowild

© Rowild

(c) Rowild

- Publication in print media is not permitted.

- Please note that the consent of the depicted or filmed persons may be necessary for the forwarding or publication of the photographs and/or video recordings. We have not obtained such consent for the purposes of other tour participants who receive the photographs and/or video recordings from us. Therefore, it is the responsibility of the recipient to clarify whether the consent of other persons depicted or filmed in photographs and/or video recordings is necessary for the forwarding or publication of the photographs and/or video recordings and to obtain such consent.

(2) Any and all commercial use of the photographs and/or video recordings is expressly prohibited.

12 Obligations When Booking for Third Parties

Tours can also be booked for third parties. The booking customer is always the contractual partner. He undertakes to inform the third party for which the booking is made of the Terms of Participation in sections 3 to 9 of these GTC and their applicability to the participation in the tour, especially of the use of the photographs and/or video recordings as described in section 10 and 11 of these GTC. Thus, you cannot assert any claims against us if a tour participant for whom you have made a booking does not fulfil the conditions mentioned in section 3 of these GTC.

13 Offsetting/Retention

(1) You shall only have a right to offset if your counterclaims are effectively established in court or undisputed or acknowledged by us in writing. However, you shall also have a right to offset without the aforesaid restriction if you assert defects or counterclaims from the same contract.

(2) As a customer, you may only exercise a right of retention if your claims are based on the same contractual relationship.

14 Limitation of Our Liability

We shall be liable exclusively according to the following regulations, no matter what the legal basis may be.

(1) We shall only be liable for intent and gross negligence. In the event of slight negligence, we shall be liable only in the case of a breach of a material contractual obligation whose fulfilment is essential to the due performance of the Agreement and on whose fulfilment you may always rely (cardinal obligation). In this context, we shall be liable only for foreseeable damage whose occurrence must typically be expected. This also applies to lost profit and unrealized savings. No liability will be accepted for other remote consequential damage.

(2) The limitation of our liability shall not apply in the event of injury to life, body and/or health.

(3) We shall not be liable for any events of force majeure that make the contractual performance impossible, even if such events merely impair the due performance of the contract to a significant extent or hinder it temporarily. Force majeure comprises all circumstances that are independent from the will and influence of the contracting parties, such as terror attacks, embargo, confiscation, natural disasters, strike, official orders, or other serious and unforeseeable circumstances for which the contracting parties are not responsible. In this context, a circumstance will be regarded as force majeure only if it occurs after the conclusion of the contract.

Insofar as our liability is excluded or limited, this shall also apply to the liability of our employees, other staff members, representatives and agents.

(4) We will not be responsable for the loss of personal items during the activity. Each participant must care to keep them safe.

15 Severability, Applicable Law, Jurisdiction

(1) Should individual provisions of these GTC be fully or partially invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the other provisions.

(2) If the customer is a merchant, a legal entity under public law or a fund under public law, any and all disputes arising from or in connection with a contract with us shall be subject to the exclusive jurisdiction of the courts at our domicile (Valencia, Spain). This shall apply even if the customer is domiciled outside the sovereign territory of Spain and if the contract or claims from the contract are attributable to the customer's professional or commercial activity.

16 Language

This English version of the Spanish is only a non-binding translation. In case of deviations between Spanish and  English Version the Spanish version shall prevail. The Spanish  version can be found here.