TERMS & POLICIES
- GENERAL TERMS AND CONDITIONS
- RENTAL TERMS AND CONDITIONS
- INFORMED CONSENT
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 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:
- 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.
(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.
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.
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.
RENTAL TERMS AND CONDITIONS
The client rents the packrafting pack basic material (backpack, paddle, buoyancy aid PFD and packraft) from ROWILD, hereinafter pack packrafting, subject to all the terms and conditions of this contract:
ROWILD rents the packrafting pack upon reservation, payment of the total amount of the agreed rental rate plus shipping costs. Or without shipping costs with collection in Valencia, Spain.
The shipping and return price is not included in the contract. That will be 25€ (shipping + return) for the Iberian peninsula and to be paid by the customer. For Balearic, Canary Islands and Europe consult.
These Terms and Conditions apply to any reservation of our activities and especially to the rental items (pack packrafting).
(1) Cancellation of a booked rentals is only possible in the case of bookings made by private individuals and only according to the following paragraphs.
(2) The cancellation for a rental pack can only be performed by the customer who booked the rental 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 rental: 25 percent of the total price
· Cancellation from the 30th to the 15th day prior to the beginning of the rental: 50 percent of the total price
· Cancellation from the 14th to the 4th day prior to the beginning of the rental: 75 percent of the total price
· Cancellation from the 3rd day prior to the beginning of the rental: 100 percent of the total price
For all rentals, the following written contract must be agreed:
“I hereby declare that I take full responsibility for my own safety during the rental period. I am aware that packrafting has certain risks and I will keep these risks in mind when in the water. I will return the equipment in the same condition as when it was delivered to me. If the equipment is not returned within the period or is damaged in any way, ROWILD has the right to claim the extra expenses according to the delay or the poor condition of the equipment. «
The ROWILD company, with CIF 53604236E and with fiscal address at Calle Borriana 19, 13, 46005 Valencia (Spain), and the person or entity whose particular information appears on the attached invoice and which will be named LESSOR AND LESSEE, respectively, hereinafter, they recognize themselves with sufficient mutual capacity to carry out this contract, and freely and spontaneously affirm:
- That the ROWILD company owns the packrafting pack (forclaz 50 backpack, tnp rappa shovel, PFD buoyancy aid for the Palm brand and Alpacka Raft brand packraft).
- Having agreed to lease such material with the named lessee, they formalize their agreement by granting this contract, which will be governed by the following clauses:
1. The lessee will pay for the reservation the total amount according to the corresponding rate plus the cost of shipping and return. It will also send a color copy of your ID or Passport, which will be destroyed if the material is in the same condition in which it was rented. The material (pack packrafting) must be returned on the day stipulated in the reservation. The delay in the return of the material will suppose the corresponding rent payment.
2. The lessee acknowledges that the leased material is in perfect working order and agrees to return the packrafting pack in the same condition; as well as undertakes to use them in accordance with the basic rules of navigation and the characteristics of the material itself. The lessee will not use the material under the influence of alcohol, narcotics or other substances that may alter his powers.
3. By signing this contract, the lessee knows and accepts the conditions of the contract and is responsible for all damages and failures that may be caused by the use of the rented material, both by itself and by third parties under its authorization, as well as the destruction or loss of any of the parts. It will be the client's responsibility to take the appropriate security measures to prevent theft, loss or deterioration. In case of theft, loss, or considerable deterioration, the client will have to pay for the lost, stolen or damaged object. (Value 1300€ the packraft, 100€ the paddle, 50€ the buoyancy aid and 30€ the backpack). Likewise, the lessee will be responsible for the infractions related to the use of the material.
4. The lessor is exempt from any damage / s and prejudice / s that the lessee causes to third parties or to himself. The person who signs the rental contract must be over 18 years of age and will be responsible for the contracted equipment.
5. The lessee has the full value of the rented material and of elements added at the time of rental, therefore, the lessor may retain the deposit to recover any obligation not satisfied by the lessee.
Likewise, the lessee is knowledgeable and undertakes the following measures:
6. Know how to swim.
7. Minors must be accompanied by an adult.
8. Wear the buoyancy aid at all times.
9. Have basic knowledge of navigation and meteorology.
10. Comply with the rules of use and safety.
11. Be aware of the current legislation on navigation, know the areas allowed for navigation and possess the necessary permits for such navigation.
12. Respect the environment and do not throw or leave trash.
13. Inform previously in case of suffering any disability, major pathology and possible stages of pregnancy before hiring any activity or rent pack packrafting.
14. You also agree not to be under the influence of alcohol, drugs and / or narcotics, as well as any other medication that may affect your ability to react.
15. Respect the agreed delivery and collection times.
16. Return the material in the same way that it is delivered (sweetened, clean and dry). No remains of sand, stones, branches etc.
17. Both parties submit to the jurisdiction and competence of the Courts and Tribunals of Valencia (Spain) for the resolution of accounts questions may arise from this Contract, waiving the proper jurisdiction that may correspond to them.
We recommend all clients to have their own personal / medical / sports travel insurance.
It is recommended to keep the packrafting pack with you and whenever possible within your sight.
For the confirmation of the reservation, the client must pay 100% of the total amount plus shipping and return costs, if any.
Responsible body in the sense of the GDPR for the collection, processing and use of your data is ROWILD insofar as no other responsibilities are pointed out in detail.
Telephone: +34 679 526 709
2. Principle, Consent, Revocation
To participate in our services, it is essential that certain personal information be collected, processed and used by us. This includes health data that represents special personal data in the sense of § 9 Abs. 1 GDPR.
The purpose of any collection, processing and use of your personal data is the website, as well as making the services (carrying out outdoor tours, "tour" refers to all outdoor activities we offer, such as tours, courses or other outdoor events) on it accessible and usable to you, to process the payment, to communicate with you about services and marketing offerings, to update our records and to maintain your customer information.
By agreeing to this Privacy Statement, you agree that ROWILD will process and use the information you provide as part of personal information collected, including health information, in the manner described below.
Once you have given your consent to the processing of your personal data, you can revoke it at any time without any additional obligations or negative consequences for you. A use of our services is not possible without the consent.
3. Data collection and type of data
3.1 Data collection
You can always visit our websites without giving any personal information. We collect personal information only when you provide it to us voluntarily, via an input or contact form. For such data you will be e.g. asked to submit a booking request for tours, a contact request or an interest request for special events via an entry and contact form. All data that you provide to us via our website will only be transmitted in encrypted form.
You can also contact us by mail and make booking inquiries. We point out that the unencrypted data transfer via e-mail can have security gaps.
You have the opportunity to sign up for our newsletter on our website. When registering for the newsletter, your e-mail address will be used with your consent to keep you informed about our products and services until you unsubscribe from the newsletter. You may unsubscribe at any time by revoking your consent to receive the newsletter for the future without incurring any costs other than the transmission costs of your access provider's base rates. If you no longer wish to receive the newsletter, please click on the respective link at the end of each newsletter or send us an informal e-mail with a note to email@example.com
3.2 Type of data
Booking inquiries and bookings
To process a booking request for our tours, we require the following data from you:
First and Last Name
Address (street, house number, zip code and city)
The data provided by you we use without your separate consent exclusively for the fulfillment and processing of your bookings. If no booking is made, any personal data collected may be deleted. Only when a booking is made will the above data be transferred to our customer database where it will be stored for communication, billing and marketing purposes. The data collected will be retained for as long as necessary to provide our services (including information about personalized offers, see below), to comply with legal obligations, to settle disputes or to enforce agreements. This also includes that we draw your attention to special offers that are right for you via e-mail. If you do not want to receive personalized offers, you can object to this use at any time by responding to such an email with a note.
For certain tours, all tour participants must complete a questionnaire in advance of the tour, which should clarify health risks. Submitted questionnaires are printed and separated from the other digital data by deleting the digital transmission. The information given there will be used to test the ability of the tour participants to participate in the tour, and if there are any risks, the guides will be informed of these risks for the tour. The data is archived for 10 years to defend any claim by the declarant in paper form.
In order to continuously improve our services we store your zip code and how you became aware of ROWILD without any connection to other personal data permanently.
4. Website usage data and cookies
Session cookies: We use so-called "session cookies", with which you can be identified during the duration of your visit. These cookies expire automatically after the end of your session on our website.
Persistent cookies: We also use persistent cookies. This allows us to record information about visitors who repeatedly access our website. By using such cookies, we can continuously improve our products and services for you. These persistent cookies do not contain any personal information. The data stored in the cookies will never be merged with your personal information.
With every page view, access data is stored in a log file, the server log. The saved data set contains the following data:
The date, the time on which file was accessed, the status, the request your browser made to the server, the amount of data transferred and the website from which you came to the requested page (referrer), and the Product and version information of the browser used, your operating system and country of origin.
Users' IP addresses will not be saved after the visit to our website has ended, but will be deleted or anonymised subject to any statutory retention requirements after the end of the use. In the case of anonymization, the IP addresses are changed in such a way that the details of personal or factual circumstances can no longer be assigned to a specific or identifiable natural person, or only with a disproportionate amount of time, cost and manpower.
The logging data (logs) use anonymized, that is without assignment or references to your person, for statistical evaluations, for example, for To find out on which days and at which times the offers of our web pages are particularly popular and how much data volume is generated on our web pages. In addition, the log files allow us to detect errors, if necessary, e.g. broken links or program errors. So we can use the log files for the further development of our web pages. At no time do we link the page views and uses stored in the server log with individual persons. We reserve the right to use data from log files if there is a suspicion on certain facts that users are using our websites and / or our services in breach of law or in breach of contract.
We embed videos on YouTube through YouTube, a service of YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA ("YouTube").
If you do not want YouTube to collect data about you, do not click on the embedded videos.
If you have a YouTube account and you do not want YouTube to collect data about you through our website and link it to your membership data stored on YouTube, you must log out of YouTube prior to visiting our website.
5. Right to information, data elimination, opposition and right of appeal
Data of the controller:
Identity: ROWILD PACKRAFT - NIF: 53604236E
Postal address: CALLE BORRIANA 19, 13
Telephone: 679526709 - Email: firstname.lastname@example.org
“At ROWILD we process the information you provide us with in order to provide the requested service and perform your billing. The data provided will be kept for as long as the business relationship is maintained or for the time necessary to comply with legal obligations and meet any possible responsibilities that may derive from fulfilling the purpose for which the data was collected. The data will not be transferred to third parties except in cases where there is a legal obligation. You have the right to obtain information about whether ROWILD is treating your personal data, so you can exercise your rights of access, rectification, deletion and portability of data and opposition and limitation to its treatment before ROWILD, CALLE BORRIANA 19, 13 or in the email address email@example.com, attaching a copy of your ID or equivalent document. Likewise, and especially if you consider that you have not obtained full satisfaction in the exercise of your rights, you may file a claim with the national control authority by addressing the Spanish Data Protection Agency, C / Jorge Juan, 6 - 28001 Madrid.
This English version of the Spanish is only a non-binding translation. In case of deviations between the Spanish and the English Version the Spanish version shall prevail. The Spanish version can be found here.
This document was last updated on April 9, 2020
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Session cookies are temporary cookies that are used during the course of your visit to the Website, and they expire when you close the web browser.
Persistent cookies are used to remember your preferences within our Website and remain on your desktop or mobile device even after you close your browser or restart your computer. They ensure a consistent and efficient experience for you while visiting our Website or using our Services.
Cookies may be set by the Website ("first-party cookies"), or by third parties, such as those who serve content or provide advertising or analytics services on the website ("third party cookies"). These third parties can recognize you when you visit our website and also when you visit certain other websites.
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What type of cookies do we use?
Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our Website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account to access the content.
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These cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the Website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the Website.
Social media cookies
Third-party cookies from social media sites (such as Facebook, Twitter, etc) let us track social network users when they visit our Website, use our Services or share content, by using a tagging mechanism provided by those social networks.
These cookies are also used for event tracking and remarketing purposes. Any data collected with these tags will be used in accordance with our and social networks’ privacy policies. We will not collect or share any personally identifiable information from the user.
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If you don't like the idea of cookies or certain types of cookies, you can change your browser's settings to delete cookies that have already been set and to not accept new cookies. To learn more about how to do this or to learn more about cookies, visit internetcookies.org
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Changes and amendments
We reserve the right to modify this Policy relating to the Website or Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes. Policy was created with WebsitePolicies.
Acceptance of this policy
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Given the crisis situation caused by the coronavirus (COVID-19) and with the aim of protecting the health of clients and guides, we ask you to carefully read the Safety Protocol.
SAFETY PROTOCOL FOR THE ACTIVITIES AIMED AT AVOIDING THE COVID-19
To take into account before booking the activity:
AVOID GOING TO ACTIVITIES PEOPLE IN A RISK GROUP: Pregnant people, with cardiovascular problems, diabetes or serious conditions.
AVOID CARRYING OUT ACTIVITIES THOSE PEOPLE AFFECTED BY COVID-19: Avoid going to our activities for those who have had contact with affected people and suffer any of their symptoms: Headache, dry cough, high fever, sore throat, vomiting.
The client's registration / compliance form must be completed to avoid contagion by Covid-19 (Informed Consent).
Upon arrival at the Meeting Point:
At the reception, use a mask, keep interpersonal distances at all times and attend to the instructions made by the guide or company personnel, collaborating in the measures that have been established to safeguard security. Use the hygiene elements enabled for this purpose.
All the equipment will be delivered properly disinfected. It is very important to reserve it correctly in advance.
It is recommended to have the following own minimum equipment:
• Diving mask and tube
• Boots or slippers to walk on rocks that can get wet
• Bring a bottle of water and a snack to get energy (sandwiches, fruits, sandwiches, sweets ...)
We do not have toilets / showers.
The material is disinfected by employees in our center following the protocol for which it has been trained.
Recommendations during the activity:
Maintain interpersonal distances at all times, avoiding greetings with physical contact and touching or manipulating the personal equipment of other participants, sharing belongings, containers, food or drinks. Comply with the preventive measures indicated to them (hand washing with hydroalcoholic solution, collection of materials, cleaning ...)
Avoid touching your face (eyes, nose, mouth, ...), covering your mouth when coughing, sneezing with disposable tissues or with your elbow failing. Discard immediately and in the indicated places, any personal hygiene waste.