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Terms and Conditions
INTRODUCTION

Dreampeaks recognizes that hiking, mountaineering, rock climbing and other mountain sports are extreme sports that are often performed in harsh, and even severe, weather conditions. The practice of such sports is not exempt from certain risks and dangers.

ACCEPTANCE OF THE TERMS AND CONDITIONS

The booking of the services provided by Dreampeaks requires the full acceptance without any reservation of all the terms and conditions of this contract.

By accepting the present contract you are declaring that you are 18 years or older with full legal capacity as stated by the law of the country of which you are a citizen.

If you act in the name of a legal person for the acceptance of the present terms and conditions, you must have the power of representation.

PARTICIPATION IN ACTIVITIES

Participants will be in charge of the costs and responsibilities of transportation to and from the location where the activity will take place, except in the case where Dreampeaks specifically states in writing in the records for said activity: Commercial Transportation Included.

Although Dreampeaks will always try to carry out the program following the route and schedule previously specified by the organization or the guide responsible for tour, activities in the natural environment are subject to the state of the natural terrain, as well as the current meteorological conditions. For this reason, when booking an activity in the outdoors the participants must accept the unforeseen conditions that may arise which can cause changes in the original schedule and itinerary.

Dreampeaks and the guides responsible for the activity reserve the right to cancel, suspend, partially or fully change the program, route or schedule due to issues with safety, weather conditions, state of the terrain, or for the physical and/or psychological conditions of the group or of a participant.

In the case of having started an activity that then must be suspended for any of the mentioned reasons according to the guide responsible for the activity, there will be no reimbursement of the amount paid. For all intents and purposes, the activities begin upon meeting with the guide who will try to start each activity in the most favorable conditions as possible.

In the case of if the guide of the group must modify the program for poor weather conditions or safety risks of the group he/she is leading, we will inform you that, in regards to reservations made on behalf of the participants directly with the providers of lodging, food and transportation, are not included in the price of the program and DO NOT fall under our responsibilities or competencies to be modified, or cancelled. The costs created from said changes or cancellations will be covered by the participant.

In the case of poor weather conditions, the organization may change the said date of the activity or suspend it and reimburse the total amount paid if considered appropriate.

You must communicate to Dreampeaks or the responsible guide before the activity if any of the participants requires special medication or presents a health risk that could affect the normal development of the program. In the case of certain medical conditions (allergies, asthma, diabetes, etc…), illnesses or chronic injuries, participants must have with them their personal medication during the activity, whether it is one-day or multiple days. Please take into account that, in certain remote areas or in certain countries, it is possible that immediate medical assistance and/or medications may not be available. Parents or legal guardians of minors with injuries or illnesses are responsible for their care and medication.

In the case of a client who, for lack of information about the activity, for not having a sufficient physical fitness level or for not being in optimal condition to participate in the activity, cannot complete said planned activity, they will not be refunded.

Dreampeaks does not accept responsibility of an accident that occurred before or during the activity due to recklessness, negligence or carelessness of a participant, both within and outside of the hours of the activity. The consumption of drugs and alcoholic beverages is strictly prohibited during the activity.

Participants in activities with Dreampeaks must agree to comply with the instructions and guidelines of the designated instructor/guide. Any non-compliance of the guidelines set by the designated guide responsible for the activity may lead to the suspension of the offender of said activity, with the loss of their rights, including all those financial. Irresponsible actions give cause to expulsion of the activity and the group.

PRICES

The prices of the activities are those that are published on the website: www.dreampeaks.com

Prices include current VAT rates and everything that is described in the section INCLUDES of the activities pages.

The price of the program is determined for a minimum group size that is specified on every activity page. It is not necessary to book an activity as a group; groups will be formed by individual participants.

If the minimum group size is not reached, it is still possible to carry out said activity, but in this case the prices per person may vary.

The price of a program could change according to the number of participants, number of guides necessary for the group size, and the availability of accommodations at the time of the reservation. In the case that the predetermined accommodations are full at the time of making a reservation, we will look for similar accommodations. For custom or private groups, businesses, schools and other events, we will offer a price quote according to the requests.

PAYMENTS AND RESERVATIONS

The reservation of spaces will be made once the customer has paid the appropriate amount corresponding to each activity. If the fee has not been paid in full in advance, the final reservation has not been made. The reservation will be completed once the customer has paid the remaining part before the deadline given by the company.

CANCELLATION AND REFUND POLICIES

1. For 1-day activities

Cancellation by the customer of an activity that has already been paid to the company will be subject to the following administrative costs and fines/fees:

- If the cancellation was made more than 7 days prior to the date of the activity, the customer will be entitled to a refund of the amount paid except for 5 € of administrative costs.

- If the cancellation was made less than 7 days prior to the date of the activity, 100% of the amount paid will be forfeited.

- If the customer does not attend the activity or arrives more than one hour late to the meeting point or beginning of the activity published by the company, 100% of the amount paid will be forfeited.

- In the case of changes in the date communicated more than 7 days prior to the date of the activity or if it is not attended due to force majeure (presented with appropriate proof), the company will offer either new dates for the activity to be completed or a similar activity with suitable availability. Under no circumstance will the amount paid be refunded.

2. For weekend or 2-day activities

Cancellation by the customer of an activity that has already been paid to the company will be subject to the following administrative costs and fines/fees:

- If the cancellation was made more than 14 days prior to the date of the activity, the customer will be entitled to a refund of the amount paid except for 10 € of administrative costs.

- If the cancellation was made less than 7 days prior to the date of the activity, 100% of the amount paid will be forfeited.

- If the customer does not attend the activity or arrives more than one hour late to the meeting point or beginning of the activity published by the company, 100% of the amount paid will be forfeited.

- In the case of changes in the date communicated more than 7 days prior to the date of the activity or if it is not attended due to force majeure (presented with appropriate proof), the company will offer either new dates for the activity to be completed or a similar activity with suitable availability. Under no circumstance will the amount paid be refunded.

3. For multi-day tours and activities in which a deposit is required to complete the reservation

Cancellation by the customer of an activity that has already been paid to the company will be subject to the following administrative costs and fines/fees:

- If the cancellation was made more than 21 days prior to the date of the activity, the customer will be entitled to a refund of the amount paid except for 15 € of administrative costs.

- If the cancellation was made within 14 to 20 days prior to the date of the activity, 100% of the amount paid will be forfeited.

- If the cancellation was made less than 10 days prior to the date of the activity, 100% of the amount paid will be forfeited.

- If the customer does not attend the activity or arrives more than one hour late to the meeting point or beginning of the activity published by the company, 100% of the amount paid will be forfeited.

- In the case of changes in the date communicated more than 14 days prior to the date of the activity or if it is not attended due to force majeure (presented with appropriate proof), the company will offer either new dates for the activity to be completed or a similar activity with suitable availability. Under no circumstance will the amount paid be refunded.

4. Refunds for Suspension or Cancellation of an Activity on the part of Dreampeaks

- If the company cancels an activity for reasons beyond their control such as unfavorable weather conditions or lack of snow, it will reimburse the full amount paid, provided that the customer requests it within a period of 14 days. After this period, under no circumstance will the company refund the money paid for said activity, and shall provide a voucher, with no expiration date, to the customer of the value of the fee paid which they may use towards the same activity on a new available date, or a similar activity proposed by Dreampeaks.

- In the case of having begun an activity that then must be suspended for any of the causes expressed under the criteria of the responsible guide of the activity, there will be no reimbursement of the amount paid. To all intents and purposes, the activities begin upon meeting with the guide, who will try to carry out the activity in the most favorable conditions whenever possible.

5. Coupons and Gift Cards

- The coupons and gift cards, once bought and paid for by the customer, cannot be returned and will not be refunded for their original price.

- If the company cancels an activity for reasons beyond their control such as unfavorable weather conditions or lack of snow, it will come to an agreement with the customer to complete the activity on a new date, depending on availability, or a similar activity of equal value.

6. Dates and Delays

- In the case of a guide having to modify the program of the group they are in charge of due to meteorological or safety reasons, they will inform the customers of certain costs, in regards to reservations possibly made on behalf of the participants directly with the providers of lodging, food and transportation, that are not included in the price of the program, and that DO NOT fall under the company’s jurisdiction nor responsibility due to modification, or cancellation, of said reservations. The possible expenses produced from said changes and cancellations will be paid for by the customer.

- In the case of costs of airplane tickets for missed or delayed flights due to bad weather, icy conditions or any other cause, these must be paid by the customer, including costs created due to lodging and other support. In this case, the customer may seek compensation for damages from the transportation companies involved.

- Delays at the start of a trip due to airline company employee strikes, airport closures due to bad weather, issues with flight take-offs and landings, wind upon the start of an expedition, or any other meteorological or logistical cause that the guide or company consider to greatly affect the safety of the group or some of the participants, etc., and/or any other cause beyond of the control of the organization, will not be grounds for claims/complaints of the breach of the plan of the scheduled activity/trip.

APPLICABLE LAWS AND JURISDICTION

The parties recognize that the laws applicable under this contract are from Spain. The parties further agree to yield to the resolution of any controversy, conflict or claim arising from this contract to the courts and tribunals of Madrid, to take place in this location where the contract was signed, expressively waiving any other jurisdiction that could correspond to it.

NOTICES

All of the notifications, requirements, petitions and other communications that have taken place for the parties related to the Terms and Conditions shall be put in writing and will be considered duly effected when personally delivered, or submitted through postal mail, e-mail or any other address that the receiving party shall indicate to the sending one.

Legal Notice and information about the conditions of use for the website

Identification data of the owner of the website

In compliance with the duty of information stated in article 10 of Law 34/2002 of 11th July on Information Society Services and E-Commerce, DREAMPEAKS MOUNTAIN SPORTS, S.L. and under the domain name of the website www.dreampeaks.com, includes all the identification information of the said rule:

Corporate name: DREAMPEAKS MOUNTAIN SPORTS, S.L.

Corporate Address: América 29. 28002 Madrid, España.

CIF: B86949872

Email address: info@dreampeaks.com

Registration data in the Business Register: Registro Mercantil de Madrid Tomo 32047, Folio 32 Sección 8 Hoja M-576718 Inscripción 1 / Fecha 10/03/2014

The current information conforms and abides by the conditions of use, the limitations of liabilities and the obligations assumed by the users of the Website www.dreampeaks.com and which they undertake to respect.

1. Dreampeaks, in compliance with Law 34/2002 of 11th July on Information Society Services and E-Commerce, states that:

2. Dreampeaks states that the web www.dreampeaks.com is designed to provide, to the general public, the information of the activities that this company carries out and of the products and services it offers.

3. Dreampeaks, in accordance with the regulations established in the Organic Law 15/1999, of Protection of Personal Data (LOPD) and in the development regulations, guarantees the security and confidentiality of the data provided by its clients.

4. The intellectual property rights of the website www.dreampeaks.com and the distinct elements of its content are owned by Dreampeaks.

5. Dreampeaks reserves the right to make, at any time and without advance notices, changes to the information contained in its website or in the configuration and presentation of the same.

6. Dreampeaks cannot guarantee that there are no errors in the access to its website, in its contents, or that it is properly updated, although it will make every possible effort to avoid errors and, when appropriate, correct or update them.

7. Responsibility for accessing this website and for any use made of the information and contents found on it or accessed through it lies exclusively with the user. Dreampeaks shall not be held responsible for any effect, harm or damage that may result from this access or use of information.

8. The unauthorized use of the information and images contained in this website, as well as infringement to the intellectual or industrial property of Dreampeaks, will give rise to the legally established responsibilities.

DATA PROTECTION

Upon making an inquiry or reservation, the clients are providing their personal information to Dreampeaks. This personal information, in accordance with the Organic Law on Data Protection 15/1999, of 13 of December, will form part of the file registered in the Spanish Data Protection Agency. The clients may exercise their right to access, amend, and/or cancel it by means of email sent to Dreampeaks.

Dreampeaks is committed to not selling or allowing third parties to access the personal information of an automated file.

IMAGE RIGHTS

Participants of all activities give their consent to Dreampeaks to use the images taken during the program for advertising campaigns and/or any other activities they wish to do in the future.

Dreampeaks will own all of the photo archives taken during the events for this organization and they may be used on the website or on any other form of media to promote or sell events to third parties. Those participants who do not accept these conditions must communicate this to Dreampeaks.

THIS TEXT WAS TRANSLATED AS A REFERENCE FROM THE SPANISH LEGAL AND OFFICIAL VERSION