GENERAL CONTRACTING CONDITIONS
The purpose of these General Contracting Conditions (hereinafter, the “Contracting Conditions”) is to expressly regulate the terms, conditions and processes applicable to all contracting of the various products and/or services offered by BVERTIKAL (the “Services”) at https://www.bvertikal.com (hereinafter, the “Website”).
1. IDENTIFICATION OF THE WEBSITE OWNER AND RESPONSIBLE PARTY
In compliance with the information duty set forth in Law 34/2002 on Information Society Services and Electronic Commerce (“LSSI-CE”) of July 11, the following general information data of this Website is provided:
Identity of the Responsible Party: Alberto Amengual Barceló ID / NIF: 43157389M Address: C/ Guillem Forteza, 1, 1C, 07010 Palma de Mallorca (BALEARIC ISLANDS) Email: amengual.alberto@gmail.com Contact phone: 616279216 Activity: Coordination, planning and design of experiences, trips and events. Travel consultancy and climbing guide services.
2. SERVICES
2.1. PRODUCTS AND SERVICES OFFERED
BVERTIKAL offers the following Services through the Website:
Services are offered in Spanish and English.
2.2. PARTICULAR CONDITIONS OF PRODUCTS / SERVICES
They expressly regulate the terms, conditions and processes applicable to each specific Service and are available on the Website for the general public.
2.3. PRICE OF PRODUCTS / SERVICES
BVERTIKAL reserves the right to modify, at any time and without prior notice, the price of any Services offered on the Website.
Services do not offer price protection or refunds in case of price reductions. The Service will be priced at the rate on the day of purchase by the Client, who will not be entitled to any refund, promotion, discount or any retroactive action regarding price changes made by BVERTIKAL.
2.4. TAXES ASSOCIATED WITH SERVICES
In accordance with Law 37/1992 of December 28, regulating Value Added Tax (VAT) and European Directive 2008/8/CE, the purchase of Services may be exempt or not subject to VAT payment depending on the buyer’s country of residence and the capacity in which the person purchasing the Service acts (professional or individual).
All prices set on the Website for each Product/Service include Spanish VAT. However, the final price of the client’s order may vary depending on the applicable VAT rate. The final price reflects the VAT rate applicable according to the country of destination of the Service.
3. CONTRACTING SERVICES
3.1. CONTRACTING PROCESS
The contracting process (hereinafter, the “Contracting Process”) on the Website for any of the Services will be carried out between the person wishing to contract any Services available on the Website (the “Client”) and BVERTIKAL, the company offering the Services.
Trip registration. Registration and reservation require the client to have paid a deposit of the amount stipulated on the sales and payment page of the program, unless the economic conditions of the suppliers require advance payment of another amount. The remaining amount will be managed by the client before and during the trip to pay for required services (accommodation, flights, transport, meals, activities, etc.). No significant variations are expected beyond the adaptation of planned services to availability for each specific departure.
Trip budget. The budget includes the services detailed on the product sales and payment page. It does not include visas, vaccination certificates, flights, extras and, in general, any service not specified. These prices are an estimate of the trip cost for the client. Any variation in the price of these elements may lead to a revision of the final trip price. The client will always be responsible for managing payment of these services before or during the trip.
Trip alterations and modifications by the organizer. Before or during the trip, the organizer may vary the services included, only in cases of force majeure and considering that most services depend on independent suppliers. All reservations are made with participants’ consent. Once a reservation is made, the money used cannot be refunded. Therefore, if for any reason beyond the organizer’s control a participant cannot complete the trip, the money used for such reservations will not be refunded. Furthermore, if before or during the trip, any external factor prevents a included service from being carried out, it is possible that not all money invested will be refunded (depending on our suppliers’ contracting conditions). No refund will be made for services voluntarily unused by the client, regardless of the reason. Force majeure cases (external, abnormal or unforeseeable circumstances: natural disasters or political causes) are considered sufficient reasons for trip modification.
Travel designer’s liability. The designer will be responsible for consequences arising from non-execution of the contract in proportion to their involvement in the trip design. However, they will be exempt from this liability when force majeure exists (external, abnormal or unforeseeable circumstances, including weather conditions) or an event that neither the trip designer, nor the local organizing agency in the visited country, nor external suppliers could have avoided, even having acted with due diligence. They will also be exempt from liability when the cause is attributable to a client or third party. In cases of air transport incidents (boarding denial for any reason, cancellations, flight changes or delays; lost, delayed or damaged luggage, etc.), the client is responsible for managing their passenger rights claims at the airport where they occur. Accommodation, transport, food, repatriation or other expenses caused by these incidents will not be the designer’s responsibility.
Cancellations by the organizer: minimum group and force majeure. When a trip requires a minimum number of participants, as specified, the trip designer may cancel the trip if this minimum is not reached (5 participants), notifying at least 30 days before the scheduled departure date. The organizer may also cancel a trip due to force majeure, understood as circumstances beyond the invoking party’s control, abnormal and unforeseeable, whose consequences could not be avoided despite due diligence, except for epidemics or pandemics, from which expenses derived from trip planning will be deducted.
In the first case, the consumer will be entitled to a 100% reimbursement of amounts paid for the design and organization service, except as stated regarding epidemics or pandemics. In the second case, an agreement will be reached considering expense management through payment platforms, advertising investments, materials purchased for the expedition or any other expense incurred for trip development. Services depending on external suppliers will be subject to their contracting conditions and paid money may not be refunded. Services contracted by the client are not the trip organizer’s responsibility.
Documentation, visas and safety. All persons registered for the trip are responsible for having the necessary documentation in order for entry and free movement in the visited country (national ID, passport, visas, health measures, insurance, etc.). If, due to missing or incorrect documentation, the client is forced to cancel or abandon the trip, the conditions stated in the CANCELLATIONS BY THE TRAVELER section will apply.
Luggage. The traveler’s luggage is not subject to the land transport contract and is considered to remain with the traveler at all times, regardless of where it is placed in the vehicle, with the organizer not being responsible for any damage or deterioration during the trip. Free transport of 1 piece of luggage per person not exceeding 20 kg total weight is permitted. Regarding air transport, airline conditions regulated by IATA apply.
CANCELLATION POLICY
Cancellation fees (amounts payable to the various suppliers involved in the trip). The client may withdraw from requested or contracted services, being entitled to a refund of paid amounts, but must compensate BVERTIKAL in the following amounts:
Domestic or international trips:
NOTE: If there is a specific contract for a particular trip, these conditions are void, and only the contract conditions apply.
3.2. PAYMENT METHOD
Payment for Services will be made by bank transfer or paypal.
Payments may be made in installments as agreed in the particular conditions of each client’s contract.
4. AFFILIATION
4.1. Sale of third-party products and/or services through affiliation
BVERTIKAL informs of the possibility that through the Website or commercial communications via Newsletter email, products or services from third parties with similar and/or related characteristics to those offered on this Website may be offered, with BVERTIKAL acting as an affiliate of a third party. This status will be expressly indicated for transparency and good faith purposes.
4.2. BVERTIKAL Affiliate Program
BVERTIKAL makes available to persons it deems appropriate an affiliate program whose sole purpose is the dissemination and promotion of Services published on the Website in exchange for a commission for each sale made.
How is this status obtained? BVERTIKAL will choose who it deems appropriate and relevant to obtain affiliate status and will provide a link to identify their Website and the origin of payment if any transaction is made using an affiliate link, subject to the terms and conditions of the contract.
Affiliate commissions and payments. For each sale made as a result of the affiliate program, a commission of 5% to 10% of the price of services including taxes will be paid, depending on the prior collaboration agreement. Commissions will be paid at the beginning of each month and accrue after 14 days, the period during which the student has the right to return their purchase.
Important note for affiliates: it is strictly prohibited to share the personal license with persons other than the one to whom it was granted. In such case, they will immediately lose their “Affiliate” status, prohibiting access to the restricted access area, with BVERTIKAL reserving all legal actions to safeguard its rights, under warning of committing a crime against Intellectual Property punishable by the Penal Code with up to 4 years imprisonment.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
BVERTIKAL holds all intellectual and industrial property rights to the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). BVERTIKAL has all rights reserved.
Any use not previously authorized by BVERTIKAL will be considered a serious breach of the author’s intellectual or industrial property rights.
Reproduction, distribution and public communication, including its form of making available, of all or part of the content of this Website, for commercial purposes, in any medium and by any technical means, without the prior express authorization of BVERTIKAL, is expressly prohibited.
The Client agrees to respect the Intellectual and Industrial Property rights owned by BVERTIKAL. They may only view the Website elements without printing, copying and/or storing them on their computer’s hard drive or any other physical medium. The Client must refrain from removing, altering, circumventing or manipulating any protection device or security system installed on BVERTIKAL’s pages.
6. PROHIBITION OF “JOINT PURCHASES”
“Joint purchases” refers to the illegal practice carried out by several people who group together to acquire a digital service or product in order to save costs. Through this practice, access is provided to other people using the same credentials.
Sharing the individual license with more people is strictly prohibited in relation to the following Services: Personalized travel advice and consultancy with creation and/or design of itineraries. Each license is personal and non-transferable, with BVERTIKAL reserving all civil and criminal actions available to safeguard its rights, under warning of committing a crime against intellectual property punishable by the Penal Code.
7. RIGHT OF WITHDRAWAL AND PRICE REFUND
The Client will have the right of withdrawal and refund of the purchase price of Services within fourteen (14) days from the effective date of service payment (the “Withdrawal Period”). The right to withdraw must be exercised by sending an email to: info.mallorca@bvertikal.com.
Notwithstanding the above, the right of withdrawal and price refund is expressly excluded in the following cases:
Once the Withdrawal Period has passed; and/or
Upon confirmation of the minimum group of participants, even if within the aforementioned fourteen (14) days, for: a) “Service Creation, design and coordination of travel experiences worldwide”; and b) “Service Coordination and/or organization of events worldwide”.
In the event that the following service has been carried out: a) “Personalized travel advice and consultancy with creation and/or design of itineraries”; and b) “Punctual personalized travel advice and consultancy without creation and/or design of itineraries, within the withdrawal period”.
Taking the above into account, the Client may request a total or partial refund of the Service price during the Withdrawal Period, provided they are not in the situations described above. However, the particular conditions that may apply to any specific Services at the time must be considered.
After the referred Withdrawal Period, no amount paid by the Client in relation to the contracted Service will be refunded.
8. DISCLAIMER OF LIABILITY
BVERTIKAL cannot guarantee the technical continuity of the Website, the absence of failures or interruptions in service provision, or that the Website will be available or accessible 100% of the time due to external causes, fortuitous events or force majeure, viruses, computer attacks and/or actions by third parties that cause total or partial impossibility of service provision, as well as other unforeseeable causes such as incorrect internet functioning.
9. PRIVACY AND DATA PROTECTION
All sensitive information provided by the Client during the Contracting Process will not be stored by BVERTIKAL, thus ensuring the confidentiality and privacy of data.
However, BVERTIKAL will store the following information to send relevant information, news and offers about products/services. The Client may unsubscribe from such communications and exercise their rights regarding their personal data as established in the Privacy Policy.
10. CHANGES TO CONTRACTING CONDITIONS
BVERTIKAL reserves the right to modify, at any time and without prior notice, these Contracting Conditions. In such cases, BVERTIKAL will update the Contracting Conditions on the Website and notify Clients and Users via email.
11. CAUSES FOR DISSOLUTION OF THE BVERTIKAL-CLIENT RELATIONSHIP
By mutual agreement between BVERTIKAL and the Client.
BVERTIKAL will have the right to terminate the relationship with the Client without right to Service price refund if the Client:
The Client will have the right to terminate the relationship with BVERTIKAL without the latter being entitled to charge the Service price if BVERTIKAL fails to meet the agreed specifications for each Service and has not remedied this in accordance with the particular conditions of each specific Service contracted by the Client.
12. APPLICABLE LEGISLATION AND JURISDICTION
12.1. Applicable Law
This Contract shall be governed by and interpreted in accordance with the laws of Spain.
12.2. Conflict Resolution
Any difficulty, controversy or conflict arising between the Parties regarding the application, interpretation, validity or execution of this Contract or any other related cause shall be submitted to the courts and tribunals of the city of Palma de Mallorca, with express waiver of any other jurisdiction that may correspond.