CONTRACT FOR THE PROVISION OF ACTIVE TOURISM SERVICES
CONTRACT CONDITIONS:
THE OTHER FACE ESPJ, is an Active Tourism company registered with the number TA-0028-E dedicated to adventure activities. Our activities are considered risky activities. They are carried out in a natural environment in which there are risks inherent to their own nature, force majeure, fortuitous accidents that are beyond human control. When contracting our activities, the client knows and assumes that risk by accepting to participate in the activity and thus exempting THE OTHER FACE IBIZA from all responsibility in these cases:
1. The client states that they know how to swim for water activities (snorkeling or bathing during the routes), not being under the influence of alcohol, drugs and/or narcotics, as well as any other medication that may compromise their stability, reflexes, or that in any way affect their ability.
2. The client does not suffer from cardiovascular diseases, nor is she pregnant, nor does she suffer from any other injury that prevents her from carrying out the activity without risk to her health; and if in any doubt he has consulted a doctor.
3. The client accepts with the acceptance and confirmation of payment being agree to each of the terms of the informed consent and cancellation policy.
4. In the case of wearing prostheses, glasses or contact lenses, the client assumes the risk of damage to them that the normal activity that they are going to carry out may cause.
5. The client agrees to accept the decisions of the organizers and to follow their instructions at all times to guarantee the safety and fluidity of the activity.
6. If the client does not meet the necessary physical and technical conditions or does not bring the required material, they may be denied participation in the activity, modify or delay its schedule.
7. At the time of the reservation, as confirmation of the activity(ies), the client must enter the total amount as a reservation signal.
8. The activities that THE OTHER FACE carries out are conditioned by the natural environment in which they take place (weather, current legislation, etc.) so the company may cancel the activity, even at the time of the start of the activity if the weather conditions are not suitable for its realization (Orange Alerts from AEMET – State Meteorological Agency) for rain or wind.. If the cancellation occurs on the same day of the activity due to weather conditions, the client may choose to change the date of the activity.
9. In case of cancellation of the activity/activities by the client with prior medical justification or by the company due to force majeure (Orange Alerts from AEMET for rain or wind), the amount paid will be refunded if the date cannot be changed.
Reservations cannot be canceled through the website. Each case will be reviewed individually via phone or email as proof of confirmation.
The refund (in case of cancellation and if rescheduling is not possible) will be processed using the same payment method previously used by the client.
If the cancellation occurs between 5 and 2 days prior to the activity, 50% is returned. If the cancellation occurs 48 hours in advance or less, the amount is not refunded.
10. The non-presentation to the activity supposes the complete loss of the money. It is considered that the client has not shown up for the activity if he/she has not arrived at the meeting point before half an hour after the scheduled time without prior justification.
11. In the event of any conflict that should be resolved in court, both parties will submit to the jurisprudence of the courts of the city of Ibiza.
12. That THE OTHER FACE with CIF: E10542462 has contracted with W.R. Berkley España the policy 1200062407, which are valid from 00 hours on 1st May 2025 until 24 hours on 30th April 2026, and that the insured capital contracted is €1,500,000.00. This certificate will be fully valid with proof of payment. Risk Description: Active Tourism.
13. Transfers to the starting point of the activity are paid by the client. In the event that, exceptionally, a client does not have a vehicle and the company provides this service traveling with the guide, it will do so under the responsibility of the guide and will not be covered by the aforementioned assistance insurance.
14. Minors must always be accompanied by an adult, legal guardian, teacher or monitor who takes care of them.
15. THE OTHER FACE may use the images and videos of clients for advertising purposes in advertising brochures, social networks…
16. Any activity subcontracted by THE OTHER FACE to another company (kayaks, climbing, scuba diving, mountain biking, yoga, etc.) Any incident during the performance of the activity will be the responsibility of the latter.
17. There are claim forms available to consumers and users.
18. The activities of our company are carried out in the natural environment. The company undertakes to follow all regulations in order to protect the environment and the client will have the obligation to comply with all applicable regulations. He must take into account what is established in the corresponding natural resource management plans; use and management guiding plans; conservation plans and protection plans for natural spaces.
TITLE I “GENERAL INFORMATION AND ACCEPTANCE OF THE GENERAL CONDITIONS OF USE OF THE PORTAL”
1. OWNERSHIP OF THE PORTAL
The Other Face Ibiza, hereinafter (theotherfaceibiza.com), with address at C. Gonzalez Abarca, 20, 07800 Ibiza, Balearic Islands and with C.I.F. E10542462, is the owner of the website www.theotherfaceibiza.com, (hereinafter the Portal) and makes this portal available to Internet users, in order to provide information about The Other Face services and offers, as well as how to allow the provision of the services offered by The Other Face through the Portal.
2. GENERAL CONDITIONS OF USE AND ACCEPTANCE OF THE SAME
2.1. These General Conditions of Use of the Portal, together with the general contracting conditions, and/or the particular conditions that may be established, are intended to regulate the provision of information as well as the commercial relations that arise between The Other Face and the Portal users.
By browsing and/or using the services included in The Other Face Portal, you acquire the status of User. Both the navigation, and the use and/or contracting of the services of the Portal, imply the acceptance as a User, without reservations of any kind, to each and every one of these General Conditions of Use, of the General Conditions of Contracting that, where appropriate, govern the acquisition of goods or the provision of services, as well as, where appropriate, the Particular Conditions that, where appropriate, govern the acquisition of products or the provision of services.
2.2. The Other Face may at any time and without prior notice, modify these General Conditions, as well as the General Conditions of Contract and/or the particular conditions that, where appropriate, are included, by publishing said modifications on the Portal with so that they can be known by the Users, always before visiting the Portal or contracting any services offered therein.
TITLE II: «GENERAL CONDITIONS OF USE OF THE PORTAL»
These General Conditions will apply both to the information and to all the services offered on the Portal, in such a way that they will govern at all times both for simple navigation and/or the provision of services within the framework of the Portal, although these Last activities will be governed both by these General Conditions of Use, as well as by the applicable general contracting conditions, and the particular conditions, which may exist, if any.
1. PERSONAL DATA PROTECTION POLICY.
1.1 In compliance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, we inform you that any personal data you provide us will be included in an automated personal data file, created and maintained under the responsibility of The Other Face.
1.2 The sending of emails or the completion of forms included in this website implies the express consent of the user to the inclusion of their personal data in the files referred to above and their consent to their data being used for sending commercial communications, information and/or promotion of The Other Face activities, by email or by any other means.
1.3 The Other Face guarantees the security and confidentiality of the data provided. In this way, it undertakes to comply with its obligation of secrecy of personal data and its duty to save them and adopt all necessary measures to prevent their alteration, loss, treatment or unauthorized use. Therefore, all the information about our clients will not be used for commercial purposes nor will it be transferred to third parties.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
2.1 All the contents displayed on the Portal and especially, designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial drawings or any other signs susceptible to industrial and commercial use are subject to rights of intellectual and industrial property of The Other Face or of third-party owners of the same who have duly authorized their inclusion in the On-Line System.
2.2 In no case shall it be understood that any license is granted or any waiver, transmission, total or partial transfer of said rights is made, nor is any right or expectation of right conferred, and especially, of alteration, exploitation, reproduction, distribution or public communication. on such content without the prior express authorization of The Other Face or the corresponding owners.
3. LIABILITY OF THE OTHER FACE
3.1. The Other Face, will only be liable for the damages that the User may suffer as a result of the use of the Portal when said damages are attributable to a malicious act of this company.
The User acknowledges and accepts that the use of the Portal, as well as the contracting of services offered therein, is carried out at their entire risk and their entire responsibility.
3.2. The Other Face Ibiza is not responsible for any damages that may arise from, by way of example and not limitation (i) Inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the devices and computer equipment of the Users, motivated by causes beyond The Other Face, that prevent or delay the provision of services or navigation through the System; (ii) Delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems; (iii) That may be caused by third parties through illegitimate interference beyond the control of the Portal and that are not attributable to The Other Face; (iv) The discrepancies in the information, documentation and/or other content of the Portal that may exist between the electronic version and the printed version; (v) The impossibility of providing the Service or allowing access for reasons not attributable to The Other Face, due to the User, to third parties, or to cases of force majeure.
4. USER OBLIGATIONS
4.1 In general, the User is obliged to comply with these General Conditions, if applicable, the Particular Conditions that may be applicable, as well as comply with the special warnings or instructions for use contained therein or on the Portal and always act in accordance with the law, good customs and the demands of the good faith, using the diligence appropriate to the nature of the service you enjoy, refraining from using the Portal in any way that may prevent, damage or impair its normal operation, the assets or rights of The Other Face, its suppliers, the other Users or in general of any third party.
4.2 Specifically, and without this implying any restriction on the obligation assumed by the User in general in accordance with the previous section, the User undertakes, in the use of the Portal, as well as in the provision of services to: (i ) In the case of registering, the User undertakes to truthfully provide the data provided and to keep it updated; (ii) Not to enter, store or disseminate on or from the Portal, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence to discrimination based on race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and in general the regulations in force. ;(iii) Do not introduce, store or disseminate through the Portal any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is capable of causing damage to the Portal, in any of the Services, or in any of the equipment, systems or networks of The Other Face, of any User, of the suppliers of The Other Face or in general of any third party, or that in any other way is capable of causing them any type of of alteration or impede the normal functioning of the same; (iv) Not carry out advertising, promotional or commercial exploitation activities through the Portal, not using the contents and in particular the information obtained through the Portal to send advertising, send messages with direct sales purposes or for any other commercial purpose, nor to collect or store personal data of third parties; (v) Do not use false identities, or impersonate the identity of others in the use of the Portal or in the use of any of the Portal services, including the use, where appropriate, of passwords or access codes of third parties or in any other way ; (vi) Do not destroy, alter, use for their use, disable or damage the data, information, programs or electronic documents of The Other Face, its suppliers or third parties; (vii) Do not enter, store or disseminate through the Portal any content that infringes intellectual property rights, industrial rights or business secrets of third parties, nor in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.
5. COMMUNICATIONS.
For the purposes of these General Conditions, and for any communication that is necessary between The Other Face and the User, they must contact Customer Service by email sent a message to hola@theotherfaceibiza.com
Communications from The Other Face to the User will be made in accordance with the data provided by the latter when registering on the Portal. The User expressly accepts for all communications related to the use of the Portal, and/or the acquisition of goods, the use of e-mail as a valid procedure for sending said communications.
6. APPLICABLE LEGISLATION. SUBMISSION TO JURISDICTION.
6.1 These conditions will be governed by Spanish legislation, which will be applicable in matters not provided in this contract in terms of interpretation, validity and execution.