General Terms and Conditions of Sale,effective as of 01/05/2024
The present General Terms and Conditions of Sale constitute the basic framework regulating the relationships established between Amtrap Experience, whose corporate name is AMTRAP EXPERIENCE S.L. (hereinafter referred to as Amtrap, the agency, the company, or the Seller), as the trip organizer (service), with its registered address at Calle Viladecans 20, 5-1 08014 Barcelona, CIF: B16369878, registered in the Mercantile Registry of Barcelona, Volume 49234, Folio 72, Page B612651, and the consumer (hereinafter referred to as "you," "the client," "the consumer," or "the traveler"), who accesses the website to obtain information and contract the services offered through the website https://www.amtrapexperience.com (hereinafter, the Site)
Any contract with AMTRAP is subject to these General Terms and Conditions of Sale, which are made freely available to allow each customer to review and verify their purchase and specific terms. The client declares they are of legal age and possess the necessary legal capacity to contract the services offered on the website https://www.amtrapexperience.com , in accordance with these terms.
Article 1: Scope of Application
1.1 The General Terms and Conditions of Sale apply to all sales conducted by the Seller on the Site. To complete the purchase of Services, you must click on a link that will direct you to an external platform. In this case, the Seller is the sole entity responsible for providing the Service you have purchased.
1.2 The time frames indicated refer to business days, excluding Saturdays, Sundays, and national holidays. The images and descriptions on the Site are purely indicative. Colors may differ from reality due to the configuration of the computer systems or devices used to view them.
1.3 The General Terms and Conditions of Sale may be modified at any time. Any amendments and/or new conditions will be effective as soon as they are published on the Site. Therefore, we encourage you to regularly access the Site and review the most updated version of the General Terms and Conditions of Sale before making any purchase.
1.4 The applicable general terms and conditions of sale are those in force on the date the order is submitted.
1.5 These General Terms and Conditions of Sale do not regulate the sale of products and/or services by third parties other than the Seller that may appear on the Site via links, banners, or other hypertext links. Before engaging in commercial transactions with such third parties, you should check their sales terms. The Seller is not responsible for the provision of services and/or the sale of products by these third parties.
1.6 The Seller does not control or monitor websites accessible via such links. Therefore, the Seller is not responsible for the content of these websites, nor for any errors, omissions, or violations of the law committed by them.
1.7 You are required to carefully read these General Terms and Conditions of Sale, as well as any other information the Seller provides on the Site, including during the purchasing process.
1.8 Orders may also be placed via email on the Site. Where compatible, the clauses of these General Terms and Conditions of Sale apply to such orders. The Seller reserves the right to send you different and separate General Terms and Conditions of Sale via email, which will apply solely to email purchases. The Seller does not accept orders by telephone unless otherwise agreed upon with the customer.
1.9 All content on the Site is the property of the Seller or third parties. Without the Seller’s explicit written consent, it is prohibited to reproduce, wholly or partially, by any means, distribute, publish, transmit, modify, or sell any part of the Site's content.
1.10 The Seller will not, under any circumstances, be liable to you or any third party for indirect, incidental, special, or consequential damages. This includes, but is not limited to, loss of revenue or other indirect losses resulting from the use or inability to use the Site. The Seller does not guarantee: (i) that the Site is free of viruses or programs that may corrupt data; (ii) that the information on the Site is accurate, complete, or up-to-date.
1.11 This document governs the entirety of the relationship between you and the Seller. However, it does not affect rights and obligations established under applicable law at any given time. The Seller may organize contests and prize giveaways reserved for Site users. The terms and conditions of each contest or giveaway will be available in a specific section of the Site. If prizes consist of discount vouchers, shopping vouchers, or equivalent forms, they cannot be converted into cash.
Article 2: Purchases on the Site
2.1 To make purchases on the Site, you must follow the procedure outlined on the Site, entering the required data at each step. The sales contract is concluded when the order reaches the Seller's server.
2.2 You agree to notify the Seller immediately if you suspect or become aware of any improper use or disclosure of any information you have entered on the Site.
2.3 You guarantee that the personal information you provide is complete and truthful and agree to indemnify and hold the Seller harmless from any damages, liabilities, and/or penalties arising from or related to your failure to fulfill this commitment.
2.4 The Seller reserves the right to reject orders from users who have previously violated these General Terms and Conditions of Sale or any regulatory provision.
2.5 To place orders on the Site, you must read and approve these General Terms and Conditions of Sale by checking the corresponding box on the purchasing pages. Failure to accept these General Terms and Conditions of Sale will prevent you from making purchases on the Site.
2.6 After completing a purchase, you will receive a confirmation email with at least the following information: (i) characteristics of the purchased Product; (ii) purchase price and any applicable taxes; (iii) any additional costs; (iv) traveler details; (v) trip date.
2.7 A deposit is not required to use the services offered for sale on the Site.
2.8 The email provided by the customer must be accurate and regularly used. The traveler is responsible for adding info@amtrapexperience.com to their contacts to ensure messages from Amtrap do not end up in the spam folder.
2.9 Individuals with reduced mobility and/or special needs must inform Amtrap before contracting services to evaluate the feasibility of the trip in light of its characteristics.
Article 3: Service Characteristics
3.1 Activities not indicated on the trip page as included and local transportation, unless otherwise specified on the specific trip page, are not booked by Amtrap. The group is responsible for making decisions to carry out the itinerary proposed by Amtrap.
3.2 The customer acknowledges and accepts that Amtrap's philosophy, as well as the nature, configuration, and development of its trips, require a certain degree of flexibility. Therefore, the customer agrees to consider and accept various proposals during the preparation and/or execution of the trip, recognizing that the itinerary presented for each trip is merely representative of the suggested activities.
3.3 The customer understands that the nature of the trip is adventurous and may involve a certain level of personal risk, which they accept and assume.
3.4 Travelers are aware that in some destinations, certain political, cultural, and geographical circumstances may pose risks and present physical challenges beyond those of everyday life.
3.5 Travelers declare that they have considered and evaluated potential risks, dangers, and challenges and explicitly assume those inherent to the trip they intend to undertake.
Article 4: Trip Operation and the Role of the Coordinator
4.1 Amtrap selects a coordinator who accompanies the group during their stay at the destination. Coordinators are individuals with extensive experience in adventure travel, proficiency in English, problem-solving skills, and strong social and group management abilities. The coordinator's role is to support the group with logistical matters to ensure the smooth running of the trip. However, the coordinator is not a professional or certified guide and does not possess exhaustive knowledge of the destination's history, monuments, or other skills exclusive to professional guides.
4.2 The coordinator's tasks include managing and assisting the group during the trip, with the ability to make decisions affecting the itinerary, including modifications when circumstances recommend it. These decisions are based on their travel experience and the information provided in Amtrap's trip report.
4.3 For travel services not included in the itinerary organized by Amtrap, which customers will book locally, the coordinator will provide guidance and propose various options (transportation and activities) that must be booked directly by the travelers.
4.4 The coordinator will manage and resolve, to the extent possible, any unforeseen events during the trip beyond Amtrap's control. They will provide support to the traveler in the event of unusual circumstances and mediate conflicts within the group.
4.5 The coordinator is tasked with reaching a consensus among group members and has the final say when an agreement cannot be reached, to ensure the safety and smooth progression of the trip. Booking a trip with Amtrap implies that the traveler expressly accepts the coordinator's authority and agrees to follow their guidance to ensure the success of the trip.
4.6 Substantial changes to the itinerary must be agreed upon unanimously by the group. Amtrap's proposed itineraries may not be followed precisely, as their trips are inherently flexible, allowing group members significant decision-making freedom. Any additional costs resulting from substantial itinerary changes agreed upon unanimously must be covered by each group member.
4.7 The coordinator acts as the liaison between the client and Amtrap during the trip.
4.8 Under no circumstances will the coordinator undertake tasks typical of a professional companion, such as individual escorts or personalized attention beyond the responsibilities outlined in these general terms and conditions.
4.9 The coordinator will welcome the group at the destination and bid them farewell the evening before the trip concludes. It is not an obligation for Amtrap or the coordinator to accompany the traveler at the beginning and/or return of the trip, meaning the coordinator will not necessarily be present on the outbound and/or return flights.
4.10 The traveler must strictly comply with the laws, customs, foreign policies, and substance regulations of the destination at all times.
If a traveler engages in illegal activities or actions/omissions that may endanger or inconvenience other group members, Amtrap may terminate its relationship with the client without the client being entitled to any claims or refunds.
Article 5: Consumer Obligations Regarding Documentation
5.1 The traveler must possess a valid passport for entry and exit into the destination country or countries along the travel itinerary, with a validity of at least six months upon their return. Additionally, they must have any required visas, permits, and certificates, including vaccination certificates, as well as any mandatory subscription insurance policies.
5.2 It is solely the customer’s responsibility to obtain the aforementioned documentation and to ensure its validity and appropriateness throughout the trip. The customer will bear full responsibility for any damages arising from non-compliance with the provisions outlined in this section.
Article 6: Consumer Obligations Regarding Public Transport and Rental Cars
Regarding Public Transport: The group will use local public transportation for travel. These movements are not included or prearranged in Amtrap’s travel offer unless otherwise specified, and it will be up to each group to decide on the mode of transport for their trips. Amtrap is not responsible for the selection of service providers, quality standards, safety measures, or any civil, administrative, or criminal liabilities arising from misuse of the transportation by the client or the driver, should the latter be a third party. no es responsable en la elección de los prestadores de servicios, de los estándares de calidad, medidas de seguridad, ni de las eventuales responsabilidades civiles, administrativas o penales que pudieran derivarse de su uso indebido por parte del cliente o del conductor, si fuere un tercero.
Article 7: Right of Admission
Participation in the trip will be denied, and/or expulsion from the adventure will occur for individuals who:
1. Disrespect fellow travelers, companions, coordinators, drivers, or other service providers, such as hotel reception staff, waiters, among others, as well as those who fail to adhere to group discipline.
2. Act violently or aggressively and/or offend others verbally and/or physically. Amtrap has zero tolerance for such behaviors. tolerancia cero con este tipo de actuaciones.
3. Repeatedly fail to be punctual.
4. Fail to pay for personal expenses or steal items from hotels, restaurants, fellow travelers, companions, coordinators, or any other third parties.
5. Carry weapons or similar objects.
6. Carry and consume substances prohibited in the destination country.
7. Wear clothing or display symbols that incite violence, racism, or xenophobia.
8. Fail to follow the instructions of the coordinators, endangering their own safety and that of the group.
Violation of these rules will result in the expulsion of the traveler from the ongoing activity, if applicable, and the denial of participation in future adventures.
The on-site coordinator is authorized to collect testimony from other group members, companions, and any other third parties to corroborate the aforementioned behaviors for the purpose of expulsion from the group and/or to reserve the right of admission for future experiences.
Article 8: Prices
8.1 On the Website:
8.2 Any other service not specified in the program/itinerary, as well as entry and exit fees, additional taxes that may vary depending on the establishment and destination, visas, vaccination certificates, and "extras" such as tips, coffee, wine, liquor, mineral water, special dietary requirements—even in cases of full or half board unless explicitly agreed otherwise in the contract—optional hotel services, and, in general, any other service not explicitly listed under "Included in the Price" or not specifically detailed in the program/itinerary, the contract, or the documentation provided to the customer upon booking, will be at the traveler’s expense.
8.3 Regarding the Tourist Tax, it is a fee applied by hotel establishments in certain countries. The traveler must verify whether such a fee applies to their destination and will be responsible for covering this cost.
8.4 The Seller reserves the right to modify the price of the services at any time without prior notice. However, the price charged will be the one displayed on the Website at the time of placing the order, and any variations (upward or downward) after the order is placed will not be considered.
8.5 The purchase agreement is conditional on the full payment of the total amount owed. Unless otherwise agreed in writing, the order will be canceled accordingly.
Article 9: Payment Terms
9.1 The payment method will be agreed upon in the contract, either in full or in installments, but the total amount must be paid no later than 50 days before the departure date. If the payment is not received, it will be assumed that the traveler unilaterally cancels the contract, incurring the costs and penalties established in Royal Legislative Decree 1/2007.
9.2 Generally, if the booking is made more than 60 days before the departure date, the payment may be split as follows:
- 50% of the total trip cost at the time of booking.
- 50% of the total trip cost no later than 50 days before the departure date.
If the trip is booked less than 50 days before the departure date, the total cost of the trip must be paid at the time of booking.
9.3 This article outlines the available payment methods on the Website. Customers may contact the Seller for more information.
9.4 The debit will only be processed after (i) the payment card details used have been verified and (ii) the issuer of your payment card has authorized the debit.
9.5 Accepted cards:
9.6 Payments on the Website can be made via BIZUM.
9.7 Payments on the Website can also be made by bank transfer. In this case, the payment details will be available directly on the Website or communicated via email after the purchase order is placed.
9.8 Purchases can be made on the Website using discount codes, vouchers, or coupons. If the discount code value is less than the order value, the remaining amount can be paid using the payment methods provided on the Website. Each discount code can only be used for a single purchase. Vouchers cannot be converted into cash under any circumstances.
9.9 If outstanding payments are not made on time and in accordance with the payment schedule, Amtrap will consider that the traveler has canceled the travel contract. The provisions of Article 160.1 of Royal Legislative Decree 1/2007, dated November 16, which approves the consolidated text of the General Consumer and User Protection Law and other complementary laws, will apply.
9.10 Any other payment method not described above can be regulated in this article.
Article 10: Payments and Refunds
10.1 The combined trip must be fully paid for in order for the traveler to access all travel services. If payment is rejected for any reason, the reservation will be canceled following a notification to attempt to resolve the payment issue.
10.2 If the total price agreed upon in the conditions is not paid, it will be assumed that the traveler cancels the trip, and the provisions in the section "Cancellation of the Travel Contract by the Traveler" will apply.
10.3 If the organizer cancels the combined travel contract, they must refund the amounts already paid by the traveler within a maximum of 14 calendar days from the date the combined trip ends.
10.4 Travelers who do not show up at the scheduled departure time for the combined trip will not be entitled to a refund of any amounts paid unless a different agreement is reached between the parties.
Article 11: Termination of the Travel Contract by the Traveler
11.1 The traveler may terminate the contract at any time before the start date of the package trip but must pay a penalty fee. Personal circumstances of "force majeure" will not entitle the traveler to a full refund of payments made.
11.2 If the contracted and canceled services, which are part of the package trip, are subject to special economic conditions, the cancellation fees will be those established by the providers of such services.
11.3 To terminate the contract, the traveler must notify it via email to info@amtrapexperience.com. If the cancellation email is sent outside business hours (Monday to Friday, 9:30 AM to 7:00 PM), it will be considered effective on the next business day.
Cancellation Conditions
11.4 The trip is confirmed once the minimum number of participants has been reached (varies depending on the destination). Once the minimum number is reached, Amtrap will notify the participants of the trip confirmation.
Amtrap The cancellation penalties applied to the total cost of the trip are as follows:
|
NOT REACHED MINIMUM NUMBER |
90 - 60 days 20% (*) |
59 - 45 days 50% |
45 - 31 days 50% |
30 - 15 days 15% |
Less than 15 days – |
|
REACHED MINIMUM NUMBER |
30% (*) |
50% |
75% |
100% |
100% |
(*) The percentage corresponding to the penalty will be retained by Amtrap. The remaining amount will be refunded to the traveler.
11.5 If the traveler fails to show up for the departure, they are obligated to pay the total cost of the trip.
11.6 Air, train, boat, or other transport tickets do not guarantee refunds once issued, as they are subject to the respective providers’ policies. Most airline tickets, once issued, do not allow changes or cancellations.
11.7 If advance payments have been made by the agency or the trip coordinator for hotels, activities, car rentals, or other services included in the trip budget, and the traveler cancels within the last 50 days before departure, they must cover their corresponding share of these expenses unless another traveler fills their spot.
11.8 Travelers are entitled to terminate the contract and receive a full refund in the following cases:
Article 12: Termination of the Travel Contract by Amtrap
12.1 Amtrap may cancel the package trip contract, refunding all payments made by the traveler, without assuming liability for compensation, provided the legal provisions established in Royal Decree-Law 1/2007 are met.
12.2 Amtrap may cancel the contract without liability for additional compensation if the number of travelers is below the minimum required, provided that Amtrap notifies the traveler of the cancellation within the following timeframes:
- 20 days before the trip for trips lasting more than 6 days.
- 7 days before the trip for trips lasting 2 to 6 days.
- 48 hours before the trip for trips lasting less than 2 days.
12.3 If the cancellation is due to insufficient travelers to meet the minimum group size, Amtrap will refund the full amount paid by the traveler.
12.4 Amtrap may also cancel the contract without liability for additional compensation if there are unavoidable and extraordinary circumstances that make it impossible to execute the contract. In such cases, the cancellation will be communicated to the traveler as soon as possible before the start of the package trip.
Article 13: Administrative Fees
13.1 For providing traveler data within less than 30 days: €50.
13.2 For changing trips: €100.
13.3 For transfer of trip ownership: €100.
13.4 For changes to reservation details: €50.
13.5 All trip changes (including transfer requests) must be communicated via email to info@amtrapexperience.com. If the request is sent outside business hours (Monday to Friday, 9:00 AM to 7:00 PM), it will be considered effective on the next business day.
13.6 In the case of trip changes (date or destination changes), certain clauses in the travel contract may be modified. These modifications will be communicated via email, and the new terms must be accepted by the traveler for the change to be effective. Trip change requests are subject to prior approval by the seller.
Article 14: Liability for Booking Errors
14.1 The seller is responsible for errors due to technical defects in the booking system attributable to the seller, as well as for errors made during the booking process when Amtrap has agreed to manage the package trip reservation. haya aceptado gestionar la reserva de un viaje combinado.
14.2 The seller is not responsible for booking errors attributable to the traveler* or caused by unavoidable and extraordinary circumstances. no será responsable de los errores de reserva atribuibles al viajero* o causados por circunstancias inevitables y extraordinarias.
*When making the reservation, the traveler must enter their full name exactly as it appears in their official documentation. Amtrap is not liable for consequences arising from inaccuracies in the provided data.
Article 15: Insurance
The seller does not provide travel insurance to the client and recommends purchasing extended travel insurance that includes cancellation coverage.
Article 16: Legal Warranty of Conformity
16.1 The Legal Warranty of Conformity is reserved for consumers. It applies exclusively to individuals who make purchases through the website for purposes unrelated to any business, commercial, artisanal, or professional activity.
16.2 The seller is liable to the consumer for any lack of conformity in the service that becomes apparent within two years from the date of purchase. Claims for defects not fraudulently concealed by the seller must, in any case, be filed within 26 months of the service provision. In cases of non-conformity, the consumer has the right to have the service brought into conformity, receive a proportional price reduction, or terminate the contract in cases of serious non-compliance.
16.3 If the purchase was made as a professional, the above provisions do not apply.
Article 17: Extrajudicial Dispute Resolution - Alternative Dispute Resolution / Online Dispute Resolution
17.1 The seller informs the user, who is a consumer, that if a complaint has been submitted directly to the seller and the dispute could not be resolved, the seller will provide information about the alternative dispute resolution body or bodies for disputes arising from obligations under a contract based on these General Terms and Conditions of Sale (alternative dispute resolution bodies), specifying whether or not they intend to use these bodies to resolve the dispute.
17.2 The seller also informs the consumer that an online platform for the resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr. Through the ODR platform, the consumer can access the list of ADR entities, find links to each site, and initiate an online dispute resolution procedure for the dispute in which they are involved.
17.3 The consumer's right to present a dispute arising from these General Terms and Conditions of Sale before the competent ordinary court, regardless of the outcome of the extrajudicial dispute resolution process related to consumer relations through the procedures outlined in Part V, Title II-bis of the Consumer Code, will not be affected.
17.4 Users residing in an EU member state other than Italy may also access, for any dispute related to the application, execution, and interpretation of these General Terms and Conditions of Sale, the European procedure established for low-value disputes under Council Regulation (EC) No. 861/2007 of July 11, 2007, provided the value of the dispute does not exceed €5,000, excluding interest, fees, and costs. The text of the regulation can be found at http://www.eur-lex.europa.eu.
Article 18: Customer Care
18.1 Information requests, communications, assistance requests, or complaints can be submitted by contacting the seller at the addresses provided in the Preamble, or by using the contact form that may be available on the site.
18.2 The seller must respond within approximately 2 (business) days.
Article 19: Material Published on the Site
19.1 All material published on the site is protected by applicable copyright law. Without the permission of the seller or the third party holding the copyright, it is prohibited to copy, publish, modify, or use in any way and for any purpose any material published on the site.
Article 20: Applicable Law. Jurisdiction
20.1 Contracts of purchase concluded through the site are governed by these General Terms and Conditions of Sale and, in cases not covered, by Spain's General Law for the Defense of Consumers and Users.
20.2 Please note that, for consumer users, the court of the place where the user resides or has chosen their domicile will be competent for any dispute related to the application, execution, and interpretation of this document. In the case of professional users, the competent court for any dispute related to the application, execution, and interpretation of this document will be the court of the place where the seller has its registered office, in accordance with the provisions set forth in the Preamble.
ANNEX I
Confirmation of Trips with Insufficient Number of Participants
In relation to the travel services provided by Amtrap, the following additional provisions apply in cases where the minimum number of participants required for the confirmation of a trip is not met:
Amtrap reserves the right, in some cases, to confirm the trip even if the minimum number of participants initially required is not reached.
The confirmation of a trip with an insufficient number of participants may result in minor changes to the planned itinerary. These changes will be communicated to participants as early as possible and will be made in a manner that minimizes any inconvenience.
In such cases, initially planned private transport (such as car rentals or private buses for the group) may be replaced with public transportation and/or internal flights. This modification will be made to ensure the trip's viability and continuity.
Participants will be duly notified of any significant changes that could affect the itinerary or transportation methods. These changes will not require additional express consent, as it is considered that the participant has accepted such possible modifications by agreeing to the original terms and conditions of the trip.
Despite the modifications mentioned in the previous points, the trip’s duration, including the number of nights and days, as well as all other activities included in the trip, will be fully respected.
If additional participants are added after the trip confirmation but before the departure date, and if the minimum number of participants is reached or exceeded, the trip will proceed with the exact itinerary as listed on the website, the transportation methods as indicated in the trip details, and the other activities as outlined on the website.
Amtrap is not responsible for any consequences arising from the changes mentioned in this annex, provided the essential conditions of the trip, including its duration and the contracted services, are maintained as much as possible.
ANNEX II
Consent for WhatsApp Distribution List
For operational reasons, Amtrap informs that a WhatsApp distribution list will be created for the group trip in which you will participate, and all participants registered for the trip program will be included.
To streamline the management of the contracted services and communication between the organizer and the travelers, and in full compliance with confidentiality obligations set out in Article 5 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, and the principles of data processing outlined in Article 5 of Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, concerning the protection of individuals regarding the processing of personal data and the free movement of such data, Amtrap Experience S.L, with VAT number B16369878 and registered office at Calle Viladecans 20, 5-1, 08014 Barcelona, as the data controller, requests explicit consent from the traveler through acceptance of these terms and conditions.
No data will be shared with third parties unless you have given consent for such sharing or if required by law. Additionally, you are informed that you can oppose this processing at any time by contacting the agency via email at info@amtrapexperience.com.
ANNEX III
Image Use Authorization
As a participant in the group trip organized by Amtrap Experience S.L, I expressly AUTHORIZE the use of my image, captured during the trip, for promotional purposes both on the website and on social media, and I understand that my image may be processed for such purposes. I am aware that I can oppose such processing at any time by writing to the agency at info@amtrapexperience.com.
If image rights exist, they are granted free of charge for an indefinite period, with no specified time limit or termination of this document. However, this authorization may be revoked at any time through the communication methods mentioned in the previous paragraph.
Amtrap Experience S.L., in compliance with Regulation (EU) 2016/679 of the European Parliament and the Council, in Article 5.1 regarding data protection, and Organic Law 1/1982 and its amendments on the civil protection of honor, personal and family privacy, and image rights, informs that personal images will be processed lawfully, fairly, and transparently with strict adherence to the LOPDGDG 3/2018 of December 5 regarding digital rights guarantees.
In accordance with Organic Law 1/1982 of May 5, on the civil protection of honor, personal and family privacy, and image rights, there will be no illegitimate intrusion when the graphic information concerns a public event and the image of a specific person appears merely incidentally.
The traveler declares that they are aware of and have accepted Amtrap Experience S.L.'s Privacy and Data Protection Policy, which is available on the website https://amtrapexperience.com.