Legal note, and conditions of use and contract

This website is owned by the company Anna Casals Fernández), hereinafter EN RUTA GIRONA. Accessing this website implies knowledge and acceptance of the terms of use and the contractual conditions.

1.  Legal notice.
1.1. Identification, ownership and applicable legislation.

Identification data is provided in compliance with article 10 of Law 34/2002, of 11 July, on Information Society and E-commerce Services (LSSICE).

Fiscal name: Anna Casals Fernández
Business name: EN RUTA GIRONA
CIF: 40335094V
Nationality: Spanish
Address: C. Bartomeu Terradas Brutau, 5
17854 Sant Jaume de  Llierca (Girona)
E-mail: info@enrutagirona.cat
Telephone: +34 656 63 44 40

EN RUTA GIRONA owns the domain and website https://www.enrutagirona.cat, as well as the logo and name EN RUTA GIRONA, and is responsible for the files with personal data submitted by users through this website, in compliance with the provisions of Organic Law 15/1999 of 13 December, on Personal Data Protection (LOPD) and its Development Regulation RD1720/2007, of 21 December, as well as General Data Protection Regulation UE2016/679 (GDPR) of the European Parliament and of the Council, of 27 April 2006, on protection of data belonging to natural persons being processed and the free circulation of personal data.

In accordance with Law 56/2007 of 28 December, on Measures to Promote the Information Society (LISI), for the purpose of promoting the common use of technologies and telecommunications, EN RUTA GIRONA promotes the use of electronic means for all phases of contractual processes, guaranteeing an effective electronic relationship between users and consumers and the company.

In general, the relations between users, derived from the delivery of services contained in this website are subject to Spanish legislation and jurisdiction, expressly wavering any other rights they may be entitled to, more specifically, they are subject to the law courts of Girona. Users of this website are aware of all the aforementioned, and accept it voluntarily.

2. Terms of use and Privacy Policy.
2.1. Online booking.

EN RUTA GIRONA, being a active turism business and a management and communication business, it will not communicate the reservation data to third parties unless it is indispensable in order to deliver the service and requesting express consent from the interested party beforehand. The user acknowledges the processing carried out by EN RUTA GIRONA and authorises these communications of data for the sole purpose of correctly managing the reservation regarding administrative, accounting and fiscal aspects, as well as to send commercial communications for publicity, promotion and marketing about our products and services (if requested expressly).

If a user makes a reservation though our website, they will have to fill in a form with their personal data (name, email and telephone number, as well as fiscal data if an invoice is required), data for which express consent has been obtained from the interested party for its processing, which will what is strictly necessary to manage your reservation and to keep you regularly informed about new offers or promotions through our electronic bulletin (if expressly requested). To manage reservations of children under the age of 16, it will be indispensable to obtain authorisation of their parents or tutors.

Once the booking has been made, the user will receive confirmation within 48 hours of receiving the booking, sent to the email address submitted. If it is not possible to meet this deadline, due to being outside normal working hours, confirmation will be sent the next working day after reception. For more information, see the terms and conditions section.

The data submitted by the user will be handled with absolute confidentiality and will not be accessible by third parties for purposes different from those that have been authorised. EN RUTA GIRONA will be responsible for adopting all the technical and organisational security measures necessary to safeguard the confidentiality and integrity of the information, in compliance with the provisions of Organic law 15/1999 of 13 December, on Personal Data Protection (LOPD, its Implementation Regulation RD1720/2007, of 21 December and General data protection Regulation UE2016/679 (GDPR) of the European Parliament and the Council, of 27 April 2006.

In EN RUTA GIRONA we never ask users for their bank data. To pay for the reservation, the user can make a bank transfer or access a secure payment platform, not belonging to EN RUTA GIRONA, where they will be required to enter their credit card data to pay for the booking. The user will be in a secure environment, with all the security measures required to guarantee the data confidentiality.

THE USE OF THESE SERVICES WILL IMPLY THE VALIDITY AND WELL AS FULL AND UNRESERVED ACCEPTANCE OF ALL THE GENERAL TERMS AND CONDITIONS IN THEIR LATEST VERSION AND WILL BE CONSIDERED AUTOMATICALLY INCORPORATED INTO THE CONTRACT YOU SIGN EN RUTA GIRONA), WITHOUT HAVING TO TRANSCRIBE THEM IN THIS CONTRACT.

Users will be responsible for the truthfulness, exactitude and appropriateness of the data submitted, EN RUTA GIRONA reserving the right to withhold services from any user supplying false, incomplete or inexact data, notwithstanding other legal actions that may be taken.

Processing personal data, as well as sending commercial communications by electronic means will be carried out in compliance with Organic Law 15/1999, of 13 December, on Personal Data Protection, the General Data Protection Regulation  UE2016/679 (GDPR) of the European Parliament and of the Council, of 27 April 2006, and Law 34/2002, of 11 July, on Information Society and E-commerce services. EN RUTA GIRONA

hereby informs the user of the possibility to exercise their rights of information, transparency, correction, cancellation, deletion and/or the right to be forgotten, as well as limitation or opposition and portability in the processing of the personal data submitted through our website, by writing to the contact specified in the relevant section in the legal note (Who will become  the data controller of the organisation) or by directly contacting the corresponding data protection authorities.

The personal data will be held in secure servers outside EN RUTA GIRONA

to be used in future contractual relationships or for future publicity campaigns (if express consent is given).

In view of the data requested, which in no way can be considered high risk or sensitive or bulk processed, the evaluation of the impact of the processing of personal data concludes that this poses no risk for the rights and freedoms of private individuals by its origin, nature, singularity or severity of risk.

Nevertheless, in case of a security breach, the Spanish Data Protection Agency (AEPD) will be informed within 72 hours, as well as the affected users, in case of any risk to their rights.

2.2. Intellectual and Industrial Property.

The name, logo and domain https://www.enrutagirona.cat are the property of EN RUTA GIRONA. The entire website https://www.enrutagirona.cat including its design, structure, distribution, texts, contents, logos, buttons, images, drawings, source code, as well as all Intellectual and industrial property rights and any other distinctive sign, belong to EN RUTA GIRONA or, if applicable, to the people or companies that own the rights and which have authorised EN RUTA GIRONA to use them.

Total or partial reproduction or exploitation of the contents of this website by any means is forbidden, as well any use different from the legitimate uses of information or contracting services offered on the website by EN RUTA GIRONA. Therefore, you are not allowed to copy, reproduce, compile, decompile, disassemble, distribute, publish, display, execute, modify, dump, carry out derivative work, transmit or exploit parts of the service, except for making a copy for your personal, non-profit, use, as long as you respect all intellectual and industrial property rights. Any modification of the contents of the services will be a breach of the legitimate rights of EN RUTA GIRONA. EN RUTA GIRONA holds the exclusive rights to exploit this material in any form, especially the rights of reproduction, distribution, public communication and modification.

The only exceptions are videos and external links, the template of the website and any add-ons, as well as paid programmes, which belong to their legitimate owners and which we have been authorised to use or are open source.

Conditions for partial reproduction:
-That we are expressly cited as the source of the information.
-That this is done for informative and not for commercial purposes or for a use different from individual or private.
-That the content used is not modified in any way.
-That no element available on the website is used, copied or distributed separately from the text or with any content removed.
-That EN RUTA GIRONA has been previously notified in writing and in a verifiable form, and certified authorisation has been obtained from the company for this reproduction.
-That the elements reproduced are not subsequently transferred to third parties or to an Internet server or a local network, without express authorisation.

2.3. Browsing with cookies.

The website https://www.enrutagirona.cat uses cookies, which are small data files downloaded to the user’s computer allowing us to know the frequency of visits, contents selected and security elements that can intervene in access control to restricted areas, as well as displaying publicity according to the criteria predefined by EN RUTA GIRONA and which are activated by cookies served by this entity or by third parties that supply these services for EN RUTA GIRONA. They are not viruses, worms or spam, spyware or unsolicited software.

Cookies are associated solely to the browser of a certain computer and do not provide by themselves any personal data of the user. Users can configure their browser to be notified on screen about the reception of cookies and to impede their installation on the hard disk. Please consult the instructions and manuals of your browser for more information.

The user authorises EN RUTA GIRONA to obtain and process the information generated as a result of the use of our website https://www.enrutagirona.cat, for the sole purpose of offering more personalised browsing and to improve the user experience, as well as to adapt publicity to the user.

Most web browsers accept cookies, but the user can change the browser configuration to reject cookies, disable those already installed or be informed when a cookie is sent to their device. To modify the configuration, follow the instructions provided by your browser (if you choose to disable cookies, you may lose many functions of the website):
-Internet Explorer: Tools > Internet options > Privacy Click here for more information: http://windows.microsoft.com/es-es/internet-explorer/delete-manage-cookies#ie=ie-11
-Firefox: Tools > Options > Privacy > History > Custom settings. Click here for more information: http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we
-Chrome: Settings > Show advanced settings > Privacy > Content settings. Click here for more information: https://support.google.com/chrome/answer/95647?hl=ca
-Safari: Preferences > Security. Click here for more information: http://support.apple.com/kb/HT1677?viewlocale=es_ES
-Opera: Settings.Disable in the corresponding box. Click here for more information: http://www.opera.com/help/tutorials/security/privacy/
-Android: Menu > Settings > Security and privacy. Disable in the corresponding box.
-Windows Phone: Internet Explorer > More > Settings. Disable in the corresponding box.

Disabling cookies when browsing may make some of the services or characteristics of the website unavailable.

The website https://www.enrutagirona.cat

uses the following types of own and third-party cookies (session cookies are deleted when you quit the website, persistent cookies remain stored on the user’s browser):
-Technical session cookies: Technical cookies are essential for the website to work correctly and to be able to use the different options and services it offers. They manage the user’s consent regarding the use of cookies on the website, so as to avoid the excessive bother of having to repeatedly display information on cookie policy at the bottom of the page when the user has already accepted their use. They are also used to guarantee that users are actually human and not automated applications (thus avoiding junk mail).
-Persistent social network cookies: Used to interact with different social platforms (Facebook, YouTube, Twitter…) and generated only for the users of these social networks. The terms of use of these cookies and the information stored is regulated by the privacy policy of the platform in question.
-Persistent analytical cookies: Our website uses Google Analytics cookies. The information these cookies collect is transferred and stored by Google in their servers in the USA, in accordance with their privacy policy. For more information on privacy practices of Google and how they apply to Google Analytics, please visit the Google Analytics Privacy Policy: https://support.google.com/analytics/answer/6004245. The information collected, whether it is processed by us or by third parties, never includes personal data and it enables us to quantify the number of users, number of pages viewed, frequency and repetition of visits, duration, browser used, operator providing the service, the language, the device used, or the city assigned to the IP address, allowing us to measure and statistically analyse the use of the services we offer.

Browsing the website https://www.enrutagirona.cat has no publicity or similar aim, and all the cookies (except those used by Google Analytics and the social networks) are temporal and will be deleted when the session is closed. 

EN RUTA GIRONA displays information on its cookies policy at the bottom of all web pages whenever a session is initiated. With this information, it is possible to take the following actions :
-Accept cookies: If accepted, by clicking on the button for this purpose, this notification will not be displayed again on this website.
-Continue browsing: You can ignore this information and continue browsing the website normally. In this case, the notification will be displayed again whenever you access the website, until you click on the accept button.
-Modifying the configuration: You can obtain more information about cookies, or learn about the cookies policy and, if you wish, modify the configuration of your browser. But this will not stop the notification about cookies being displayed next time you access the website.

EN RUTA GIRONA will not be held liable for the contents or truthfulness of the privacy policies of third parties. Browsers will store the cookies, and users, accessing browser preferences, are able to make use of their right to delete or disable the cookies, therefore EN RUTA GIRONA cannot guarantee the correct handling of cookies by third parties. In some cases, it is necessary to install cokes so that the browser remembers your preferences and to accept them. In the case of Google Analytics and social network cookies, the company in question will store the cookies in external servers and will undertake not to share them with third parties except in cases where it is necessary for the system to function or by legal obligation. According to Google, they do not store your IP address (see this link: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage?hl=es&csw=1), guaranteeing that all the data collected will be handled with a level of protection in compliance with European regulations (Safe Harbour agreement: http://safeharbor.export.gov/).

2.4. Liability.

EN RUTA GIRONA will not be held liable for damages caused by force majeure, such as: Errors in communications lines, faults in users’ hardware and/or software, Internet network failures (connection, linked pages).

It cannot be guaranteed that the website will be constantly operational, reliable and working without delays or interruptions.

EN RUTA GIRONA reserves the right to modify this privacy policy to adapt it to possible legal changes, as well as technical changes or for strategic reasons (the website will notify of changes to be implemented in advance of their implementation). EN RUTA GIRONA Will not be held liable for any information offered on this website originating from sources outside EN RUTA GIRONA.

EN RUTA GIRONA will not be held liable for any misuse of the contents of their website, which will be the exclusive responsibility of the person accessing or using it. Neither will they be held liable for information on the website from third parties that can be accessed from links in their website https://www.enrutagirona.cat. The presence of these links is for information purposes and under no circumstances does it constitute an invitation to purchase products or services that could be offered by the website in question.

EN RUTA GIRONA will not be held liable for damages related to operation, availability and continuity of the linked websites.

EN RUTA GIRONA will not be held liable for misuse of the contents and reserves the right to update these contents when deemed opportune, to delete them, limit or impede access to them, either temporarily or permanently.

EN RUTA GIRONA will not be held liable for any possible security errors derived from using out of date versions of browsers, or for any consequences derived from browser malfunction, either due to incorrect configuration, presence of computer viruses or any other cause external to EN RUTA GIRONA.

EN RUTA GIRONA DOES NOT GUARANTEE THE RELIABILITY, AVAILABILITY OR CONTINUITY OF THE SERVICES PLACED AT THE DISPOSAL OF THE USER, THEREFORE, IT WILL ACCEPT NO RESPONSIBILITY FOR DAMAGES DUE TO LACK OF AVAILABILITY, RELIABILITY OR CONTINUITY OF ITS WEBSITE OR ITS SERVICES. NEVERTHELESS, IT WILL STRIVE, WITHIN ITS POSSIBILITIES, TO PROVIDE TECHNICAL AID TO THE AFFECTED PEOPLE AS WELL AS TO RE-ESTABLISH ANY INTERRUPTION IMMEDIATELY, PLACING ALTERNATIVE OPTIONS AT YOUR DISPOSAL, TO THE BEST OF OUR ABILITY.

EN RUTA GIRONA HAS NO OBLIGATION TO CONTROL THE ABSENCE OF VIRUSES OR ELEMENTS IN THE CONTENTS THAT COULD ALTER THE USERS’ PROGRAMS OR HARDWARE, THEREFORE, IT WILL NOT BE HELD LIABLE FOR  DAMAGES OF ANY NATURE CAUSED BY THE AFOREMENTIONED.

IF EN RUTA GIRONA, DESPITE TAKING ACTION WITH DUE DILIGENCE, WERE UNABLE TO SUPPLY THE ROOMS BOOKED, FOR REASONS NOT ATTRIBUTABLE TO THE BUSINESS, AND IF UNABLE TO SUPPLY THE SERVICES IN THE AGREED CONDITIONS, EN RUTA GIRONA WILL OFFER THE USER THE POSSIBILITY OF FULL REIMBURSEMENT OF THE MONEY PAID OR FOR THE SERVICE TO BE REPLACED WITH ANOTHER SERVICE OF SIMILAR CATEGORY OR QUALITY. IF THE REPLACEMENT SERVICE IS OF A LOWER CATEGORY OR QUALITY, EN RUTA GIRONA WILL REIMBURSE THE DIFFERENCE.

NO CLAUSE IN THIS CONTRACT WILL AFFECT THE LEGAL RIGHTS OF CONSUMERS. IF YOU ARE NOT A CONSUMER, YOU EXPRESSLY WAVER YOUR RIGHT OF WITHDRAWAL. 

3. Contract conditions
3.1. Contract formalization

Booking any service through EN RUTA GIRONA implies acceptance of the following conditions:
-The content of the contract is the object indicated in the reservation.
-No contract will be valid until EN RUTA GIRONA has sent an email confirming the fact.
EN RUTA GIRONA offers a active tourism activity and a management and communication service. However, it is not responsible for any deficiency of the service booked or non-performance of the service when it considers that it is not responsible.
– Total payment will be required at the moment the reservation is made.
-Customers accept the service terms and conditions established.
– Customers will be responsible for any damages they could cause.
– Customers will directly pay possible third parties or suppliers for any additional service not included in the reservation.
-Users declare to be of legal age (18 years old or over) and with the necessary legal capacity to book the services offered, also declaring that they understand and accept all the terms and conditions described herein to use this website and book the services on offer.
EN RUTA GIRONA reserves the right to alter, modify or cancel any reservation if the weather conditions or any other circumstance were to require it.

3.2. Contract cancelation

-Cancellation of the service booked will require the user to pay management expenses, if applicable, amounting to 15 euros.
-There will also be charges for cancellation, depending on the penalisation imposed by suppliers of external services, if applicable, and which will vary according to the services booked.
-Additionally, penalisation expenses may be applied, which will be calculated according to the notice given when cancelling the service, detailed as follows:
– 5% of the total amount, if cancelled more than 10 days in advance.
– 15% of the total amount, if cancelled 3 to 10 days in advance.
– 50% of the total amount, if cancelled within 48 hours of the time established to start the activity.

In the unlikely case of EN RUTA GIRONA having to cancel a reservation due to reasons not attributable to the company, the customer will have the right to change the date of the booking and product booked, subject to the organizational possibilities of EN RUTA GIRONA. Under no circumstance will the entire amount of the price of the service be reimbursed.

In any case, the cancellation policy of EN RUTA GIRONA, is subject to the cancellation conditions applied by suppliers of the services booked, if applicable.

3.3. Health and Safety

EN RUTA GIRONA will take out civil liability insurance coverage, but it is not responsible for accidents, injuries, loss, damage or additional costs derived from circumstances  outside their control. Therefore, it is recommended to take out a fully comprehensive holiday insurance coverage.

To guarantee your safety, it is recommended to abide by the safety measures that you are informed of. The customer will be responsible for informing EN RUTA GIRONA if they or any other member of their group are suffering a medical condition or are taking any medicine that could compromise their mobility.

Nevertheless, customers are responsible for their own safety and are aware that any environment or activity implies a certain element of risk.

In case of any doubt, please contact us.