General Terms and Conditions - Chill-Outdoor S.L.

1. Applicability

These General Terms and Conditions apply to all travel agreements concluded between Chill-Outdoor S.L., established in Perarrúa (Huesca, Spain), registered in the Registro Mercantil de Huesca, licensed as a travel agency under registration number CAA-268, and holding VAT number ESB22371298, and its customers (“the booker” or “the participant”).

By entering into a travel agreement, the booker accepts the applicability of these Terms and Conditions. Deviations are valid only if confirmed in writing by Chill-Outdoor.

2. Definitions

  • Arrangement: any trip, service or activity organised or offered by Chill-Outdoor.
  • Travel Agreement: the agreement under which Chill-Outdoor undertakes to provide a pre-arranged trip or package holiday within the meaning of EU Directive (EU) 2015/2302 on package travel.
  • Booker: any natural or legal person who enters into a travel agreement on their own behalf or on behalf of others.
  • Participant: the natural person who actually takes part in or makes use of an arrangement.
  • Service Provider: an external provider of travel components, such as accommodation, restaurants or outdoor activity operators.

 

3. Formation of the Travel Agreement

The agreement is concluded once Chill-Outdoor has confirmed the booking in writing (by e-mail).

The booker must provide all information relevant to the execution of the trip at or before the time of booking, including medical and physical conditions.

Obvious errors or mistakes in the offer are not binding upon Chill-Outdoor.

4. Payment

Upon entering into the agreement, a deposit of 30% of the total travel sum is due. The remaining balance must be received by Chill-Outdoor no later than six weeks before departure.

If the agreement is concluded within six weeks before departure, the full amount must be paid immediately.

Payments shall be made in euros, via bank transfer, credit card or any other payment method accepted by Chill-Outdoor. Any bank or transfer fees are for the account of the booker.

If payment is not made on time, the booker will be in default. Chill-Outdoor may cancel the trip without refund of any amounts already received and charge cancellation fees.

5. Insurance

Before the start of the trip, the booker is required to have adequate travel and personal accident insurance.
A cancellation insurance is strongly recommended. Participation without proper insurance is entirely at the participant’s own risk.

6. Cancellation by the Booker

In case of cancellation by the booker, the following fees apply:

  • More than 2 months before arrival: the deposit;
  • Between 2 months and 1 month before arrival: 50% of the total amount;
  • Within 1 month before arrival: 100% of the total amount.

Cancellations must be made in writing (preferably by registered mail or e-mail with confirmation of receipt).
The date on which Chill-Outdoor receives the cancellation counts as the official cancellation date.
No refund will be made in case of no-show or early departure.

The booker may transfer the booking to another participant, provided that Chill-Outdoor is notified in writing at least 7 days prior to departure. An administration fee of €50 will apply.

7. Changes by the Booker

After conclusion of the agreement, the booker may request changes. If feasible, these will be implemented at an administrative cost of €50.
A change of departure date or a reduction in the number of participants will be treated as a (partial) cancellation and subject to the above-mentioned cancellation fees.

8. Cancellation or Changes by Chill-Outdoor

Chill-Outdoor may modify or cancel the agreement due to force majeure or unforeseeable circumstances that make performance impossible.

Force majeure includes abnormal and unforeseeable circumstances beyond Chill-Outdoor’s control, such as natural disasters, extreme weather conditions, war, pandemics, strikes, or government restrictions.

If Chill-Outdoor cancels the trip, the booker will receive a full refund of all payments made, unless the cancellation results from force majeure. In such cases, no further compensation shall be due.

9. Obligations of Participants

Participants must follow the instructions of Chill-Outdoor and its representatives, as well as all safety guidelines and environmental regulations.
Each participant is personally responsible for assessing whether they are physically fit to take part in the activities.

Participants who cause serious disturbance, danger to themselves or others, or damage to the environment may be excluded from further participation without refund. Any resulting costs shall be borne by the participant or booker.

Photographs or videos taken during the trip may be used by Chill-Outdoor for promotional purposes unless the participant submits a written objection within 14 days of the recording.

10. Liability

Participation in outdoor activities is at the participant’s own risk. The participant acknowledges that such activities carry inherent risks, including injury or death.

Chill-Outdoor shall only be liable for direct damages that are the result of a proven failure attributable to it, up to a maximum of three times the total travel sum, unless such damages result from intent or gross negligence.

Liability for loss of enjoyment of the trip is limited to a maximum of one times the travel sum.
Damages covered by any insurance (such as travel or cancellation insurance) are not eligible for compensation.

Chill-Outdoor’s liability shall in any case be limited to the amount paid out under its liability insurance, plus the applicable deductible.

11. Self-guided hut-to-hut treks (unguided)

The hut-to-hut treks offered by Chill-Outdoor are self-guided and take place without the accompaniment of a mountain guide. The participant acknowledges that such treks involve an increased level of risk and that they are fully responsiblefor their own preparation, navigation, route choices, and assessment of their physical and technical ability.

The participant declares that they:

  • are in adequate physical condition to complete the trek safely;
  • will carefully study the route descriptions, maps, GPS tracks and elevation profiles provided;
  • will independently evaluate weather conditions, terrain and potential risks;
  • possess suitable equipment, footwear, clothing and navigation tools;
  • will take timely and independent decisions in case of doubt or changing circumstances (weather, health, daylight, equipment, etc.), including shortening, adjusting or abandoning the route.

Chill-Outdoor provides route information, reservations and logistical support, but is not responsible for the execution of the trek on the ground, for route choices, risk assessment or any decisions made by the participant during the trek.

Participation in these treks is entirely at the participant’s own risk. Chill-Outdoor accepts no liability for injury, damage, loss or costs resulting from incorrect self-assessment, navigation errors, deviations from the route, weather changes or any circumstances beyond its control.

12. Complaints

Complaints must be reported as soon as possible and no later than 14 days after the end of the trip by e-mail to info@chilloutdoor.nl.
Chill-Outdoor will handle complaints carefully and within a reasonable time frame.

13. Data Protection

Chill-Outdoor processes personal data solely for the purpose of executing the travel agreement, in accordance with the EU General Data Protection Regulation (GDPR – Regulation EU 2016/679) and the Spanish Data Protection Act (LOPDGDD 3/2018).

14. Governing Law and Jurisdiction

All agreements are governed by Spanish law.
Any disputes shall be submitted to the competent court in Huesca (Spain), unless mandatory law provides otherwise.
Consumers residing within the European Union may choose to bring the case before the court of their place of residence.

In the event of discrepancies between the different language versions of these Terms and Conditions, the Spanish text shall prevail.

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