Terms and conditions

I-: Definitions

• Product: designates packages of multi-adventure activities, or packages of multi-adventure activities with accommodation and other activities.
• User: designates the person who browses the site hmj.es without necessarily being a Customer.
• Customer: designates the person who purchases a Product, it being understood that the Customer will inevitably be regarded as a User of the Site.
• Site: designates the site http://www.hmj.es.

Tevatova S.L. will be pleased to welcome you to its internet Site, accessible at the following URL: http://www.hmj.es. This Site belongs to and is operated by the limited company TEVATOVA S.L., under the Spanish travel agency licence obtained from the Regional Government of Castilla-La Mancha (Travel Licence no. GC-001914). In return for accessing, consulting and using the Site, the User undertakes to respect and be bound by the terms of use described below.

Article 1: intellectual property rights

The Site is an intellectual work protected by intellectual property law. The Site and each of the elements comprising it (such as registered trade marks, logos, texts…) are the exclusive property of the Company, the only party entitled to exercise the intellectual property rights.

In accessing the Site, the User is therefore granted a limited, non-exclusive licence to use the content of the Site, solely for private use.

Accordingly, the reproduction of any document published on the Site is authorised only for information purposes and for strictly personal and private use.

Any reproduction, modification, etc., in whole or in part, of the Site or of any of the elements comprising it, on any medium and for any purpose other than personal and private use, and in particular for commercial purposes, is expressly prohibited unless the prior written authorisation of the Company concerned has been obtained.

Any request for authorisation must be sent to the following address: C/ Cuesta la Plaza 1, 02210 Alcalá del Júcar, Albacete (Spain).

Any unauthorised reproduction or modification constitutes a fraudulent copy punishable under criminal law.

It is specified that the photographs appearing in the description are merely illustrative and not contractual.

Article 2: protection of personal data

Under the personal data protection legislation in force, we inform you that in order to process your request we must obtain certain personal information. That information will relate to your name, address, passport number or valid EU identity document number issued by a country’s government, telephone number, email address, payment details and any other information necessary to provide you with the requested service. Your data will be used solely to manage the request you make to us.

Any User of the Site will also have the option, on subscribing through the form, of receiving by email information allowing them to learn more about the Site and to better understand and use the offers proposed.

Lastly, Tevatova S.L. declares that it complies with all applicable security measures on its premises and information systems required by the legislation on the processing of your data.

Article 3: use of the Site

Article 3.1: content of the website

Tevatova S.L. endeavours, as far as it is able, to update the content of the Site and to provide Users with accurate information that is as precise and complete as possible. Nevertheless, it may happen that certain information present on the Site is out of date or inaccurate. The Company will therefore make every effort to correct any such inaccuracies, as the User is entitled to expect.

Any error or omission should be reported to the following address: C/ Rosario 25, Alcalá del Júcar (Albacete), Spain.

Article 3.2: access to the Site and liability

Tevatova S.L. will endeavour to keep the Site accessible, without being obliged to do so. It is specified that, in particular for maintenance or updating purposes and for any other reason, especially of a technical nature, beyond the Company’s control — such as an interruption of telephone service, overloading of the Site, a breakdown, etc. — access to the Site may be interrupted. Consequently, the Company is in no case liable for such interruptions or for the consequences that may arise for the User.

The Company’s liability may not be engaged in relation to damage resulting from viruses, from the fraudulent intrusion of third parties having caused a modification of that data, from computer errors of whatever kind, from any program or application incompatible with the hardware or software used by the User, or in relation to damage suffered by the User due to negligence or fault on their part or on the part of any third party.

Should any problem arise, the User may contact customer service on the following telephone number: 615 957 167, Monday to Sunday, from 9:00 to 21:00 (no call surcharge).

Article 3.3: updating of the Site

The Company reserves the right, at any time and without prior notice, to update or remove all or part of the content of the Site, in particular in order to comply with any new rule or legislation.

The Company therefore recommends that the User visit this page each time they consult the Site in order to be aware of these terms of use and any changes to them. The new terms of use will be those applicable to the User who accesses the Site after they are published.

Article 3.4: links to other Sites

This Site may redirect, by means of hypertext links, to various internet Sites operated by other individuals or companies. The hypertext links placed on the Site may thus lead the User to the internet sites of those companies or individuals. HMJ.es is under no obligation to verify the content of those sites and therefore does not examine them. As those sites are not under the Company’s control, its liability could not be engaged as regards the accuracy of the content of those sites, whatever form they take (logos, texts and images in particular). Access to and use of those sites are the sole responsibility of the User.

Article 3.5: cookies

The Site uses cookies. Cookies are small files placed on the User’s computer for the sole purpose of facilitating their browsing of the Site and personalising the service offered to them.

On each new connection to the Site, the Company receives and stores certain types of information (for example: the type and version of the Customer’s browser, their operating system and platform, their order history, the products consulted, and the dates and times of visits).

They are intended to be used solely by the Company.

In order to benefit from the full range of the Site’s features, it is therefore preferable that the User configure their internet browser so as to accept cookies. However, the User may object to these cookies being stored. Indeed, most browsers indicate how to refuse and disable cookies, or how to obtain a message warning the User that cookies are being sent.

Article 4: applicable law

The law governing these Terms of use of the Site is Spanish law, for any dispute relating in particular to their validity, interpretation, performance or annulment.

Article 5: competent courts

Any dispute relating in particular to the interpretation of these General Terms falls within the full jurisdiction of the Spanish courts.

Complaints procedure

1. For any type of complaint, whether about a service provided or about any problem that may arise with the method of payment or the processing of the data provided to the company, Tevatova S.L. makes available to users the telephone number 615 957 167 and the email address info@hmj.es. Remember to identify yourself clearly with your full name, telephone number and booking number (in the case of a complaint about a booking in progress). These channels are attended Monday to Friday from 9:00 to 18:00, with a reply within a maximum of 7 working days.
2. We hold complaint forms available to customers at our offices.

Booking terms

1. The customer responsible for the group is responsible for ensuring that all participants are aware of the service (timetables, location, level of difficulty, physical condition, cancellation charges and general terms of the service...) as set out in writing in the information sheet provided, with no possibility of refund or reimbursement on the day itself.
2. On paying for the booking, the responsible customer undertakes to pay the total according to the minimum number of participants confirmed at that time. Failing that, HOTEL SPA MIRADOR reserves the possibility of negotiating a re-quotation of the activity contracted according to its logistics and characteristics. The departures included in the calendar with promotional prices are departures with limited places, allocated in strict order of payment.
3. Timetables: from the moment they contract the services, the customer knows and accepts the obligation to comply scrupulously with the following times: the meeting time, which indicates the moment at which participants must meet in order to pre-organise the group, with a period of grace allowing the whole group to arrive; and the start time, which indicates the moment at which HOTEL SPA MIRADOR technicians begin the service. The meeting time will always be 30 minutes before the start time. If any of the participants or the whole group is 20 minutes late for the start time, this will be understood as a total delay of 50 minutes and as a no-show by the participant or participants, who automatically lose all rights to the service, the activity beginning without them if it is a group made up of further participants. Bearing in mind that delays would entail additional costs for equipment, vehicles and technicians’ fees, HOTEL SPA MIRADOR would reserve the right to apply a surcharge should the customer state by telephone that they wish the instructor to wait in order to carry out the activity. HOTEL SPA MIRADOR reserves the right to amend this clause in such cases as it deems appropriate, such as starting the activity without the whole group of the people who contracted it.
4. HOTEL SPA MIRADOR reserves the right to modify timetables, activity design, location, etc., if natural conditions (rain, landslides...), the operability of materials (faults in production or in transport equipment), or the fact that any participant is intoxicated or under the effects of narcotics, entail direct risks for themselves or the rest of the group. Such situations would oblige the technical manager to rethink the design of the service or, in extreme cases, to cancel the service and/or forfeit all rights to it. Under no circumstances may the customer demand a refund for disagreeing with these technical decisions, or hold HOTEL SPA MIRADOR liable in any way.
5. The company accepts no responsibility for loss of luggage or damage. Only the strictly necessary equipment indicated for each activity may be brought.
6. Rain and bad weather are not a real obstacle to carrying out our services. We always have emergency rain ponchos. If the customer decides to cancel the service for weather-related or other reasons, they will be charged 100%. We do not issue refunds for cancellations due to rain or other weather-related reasons. We will offer an alternative Plan B, such as a change of date, a period in which the customer can carry out this or another activity. In the case of kayak activities, rain and westerly winds are indeed obstacles to carrying out the activity, which will be suspended if the technicians consider it appropriate. We will offer an alternative Plan B such as a change of date or activity, without being obliged to issue refunds, since these weather-related causes are beyond the control of HOTEL SPA MIRADOR.
7. In the event of a booking cancellation, HOTEL SPA MIRADOR will apply the legislation in force depending on each case.
8. HOTEL SPA MIRADOR reserves the right to modify or extend these contractual terms where the service is provided by an external supplier.
9. The activity does not include travel from the accommodation to the start of the activity; travel must be undertaken in the customers’ own vehicles.
10. Some of the activities set out here are subject to the terms of the administrative management bodies in whose areas they take place (nature parks, reserves...). Should HOTEL SPA MIRADOR be unable to offer one of its activities for reasons related to that area of management, the customer would be offered an alternative activity of a similar nature to the one requested.
11. HOTEL SPA MIRADOR reserves the right to request a deposit for some of its accommodation, to be returned once the accommodation has been inspected and found in the same condition as on arrival. For the deposit, a pre-authorisation will be made on a credit or debit card, blocking the amount of the deposit for a few days; if no incident or damage has occurred during the stay, that block will be automatically released after those days. To that end it will be compulsory to come to reception at our office to place the hold on a single credit or debit card. Check-in time at the accommodation is from 17:00 and check-out before 12:00.
12. These contractual terms of service are binding and the customer, from the moment they make payment, acknowledges and accepts them, and the person responsible for the group accepts that all their companions have read the booking terms.
13. In accordance with the legislation in force and complying with the rules laid down in Law 15/1999 of 13/12 on the protection of personal data, your personal data is held in a file duly registered with the Spanish Data Protection Agency, owned by TEVATOVA S.L.
14. It is strictly forbidden to disturb neighbours or make noise at night that gives rise to complaints from other people. If a group has to be repeatedly warned and ignores those warnings, HOTEL SPA MIRADOR reserves the right to cancel the contract, being able to vacate the accommodation at that moment and with no right to remuneration.
15. It is strictly forbidden to make disturbing noise in the streets, bothering neighbours or other tourists, which may entail the loss of the deposit.
16. It is strictly forbidden to wear obscene costumes in the streets, showing the buttocks or other intimate parts, which may entail the loss of the deposit.
17. It is strictly forbidden to use megaphones, whistles and other instruments that make noise disturbing to neighbours or other tourists, which may entail the loss of the deposit.
18. Any damage or destruction caused, whether in the accommodation or the rest of the facilities or to any vehicle or material used during the activities, will be deducted from the deposit and the remainder claimed if necessary.
19. Once the accommodation is vacated, it must be found in the same condition in which it was found. Any deterioration or excessive dirt in any of the rooms of the accommodation will entail the non-return of part of the deposit.
20. Check-out time at the accommodation is set at 12:00, unless another time has been agreed with the HOTEL SPA MIRADOR office.
21. Check-in time at the hotel is from 16:00 and at rural houses from 17:00, unless another time has been agreed with the HOTEL SPA MIRADOR office. (Specific programmes such as the multi-adventure week may have a different check-in time.)
22. HOTEL SPA MIRADOR retains the image rights to all photographs taken during the activities, both to be able to use them on our website, Facebook or other social networks belonging to Tevatova, S.L. The photographs may be used for advertising media, and all image rights will belong to Tevatova, S.L. All HOTEL SPA MIRADOR customers accept that they have read the terms, as well as the authorisation for HOTEL SPA MIRADOR to take photographs during the activity for its free advertising or simply promotional use.
23. Public Safety and Community Coexistence Ordinance (approved on 5 November 2015).
24. In the event of a booking cancellation, HOTEL SPA MIRADOR will apply the legislation in force depending on each case.
25. Participants’ personal data may be handed over if required by the Guardia Civil or the town council.
26. Customers taking part in our activities must bear in mind that the clothing they wear during the activities may be stained or torn during them, and that the company accepts no responsibility for such damage. The company recommends wearing comfortable, old clothing to the activities that you do not mind getting dirty, but it is the customer who is responsible for the clothing they themselves use for our activities.

Public Safety and Community Coexistence Ordinance

• It is forbidden to disturb the rest and quiet of neighbours by means of sound equipment, shouting, megaphones, whistles or any other disturbing act.
• Unnecessary noise from vehicles is forbidden, such as horns, music, shouting or any other disturbing act.
• It is forbidden to carry out acts that damage property and the upkeep of the locality, or the cleanliness of its streets, such as throwing waste or relieving oneself.
• It is forbidden to carry lit fuses and to set off firecrackers, rockets and all kinds of pyrotechnic devices.
• It is forbidden for people to move about on public thoroughfares and in establishments in a state of nudity, in underwear or in obscene costumes.

Failure to comply with these ordinances may be punished with fines of between €300 and €3000.

Important: any neighbour who complains for any of the reasons mentioned above will automatically cause the town council of Alcalá del Júcar to issue a penalty notice of €300 to €3000 per person to all members of the group, with HOTEL SPA MIRADOR providing the town council with the data when required to do so. It will not even be necessary for the Guardia Civil to attend.

The HOTEL SPA MIRADOR team works so that you can enjoy your experience with us to the full, in the activities as well as in the accommodation and premises; we must understand that each person’s individual attitude cannot cause harm to the rest of the neighbours, and for this we thank you for your cooperation.

Insurance terms

29. The company Tevatova, S.L. is only liable for the cover provided by the insurance policies mentioned below; any incident exceeding the amount covered by the insurance may not be claimed from the company, given that all the activities carried out entail a risk assumed by all participants.

Public Liability Insurance company: MIC INSURANCE (maximum capital insured per claim: €602,000).

HOTEL SPA MIRADOR provides all its customers with travel assistance insurance to cover any incident they might suffer during the multi-adventure activities. The insurance does not cover the Capea Gran Prix, Karts, Blob Jump and Gymkhana activities, as they are not considered multi-adventure activities. Customers accept that all the activities they are going to carry out with HOTEL SPA MIRADOR entail a risk, and HOTEL SPA MIRADOR is only liable for the cover stated in the insurance policy.

All HOTEL SPA MIRADOR customers accept that they have read the general terms.

HOTEL SPA MIRADOR is a registered trade mark owned by Tevatova, S.L., tax ID B02465250, with address at C/ Rosario 25, Alcalá del Júcar (Albacete), Spain.

• Active Tourism company registration number in Castilla-La Mancha: 02697700027
• Travel agency registration number: GC-001914