Legal
Terms and Conditions
This English text is a translation, provided so that you can read the conditions in your own language. The Dutch and Spanish versions are the ones that legally apply; in the event of an unintended difference in interpretation, the Spanish text is the reference.
1. Identity, applicability and acceptance
These terms and conditions apply to all bookings of, and participation in, Experiences offered by Marina Alta Experiences S.L. (hereinafter: “MAE”).
Marina Alta Experiences S.L.
Registered office: C/ Los Patios 4, Urb. Monte Pego, 03780 Pego, Alicante, España
NIF: B93801058
Registro Mercantil de Alicante - Hoja A-207736 - Inscripción 1
E-mail: info@marinaaltaexperiences.com
Website: marinaaltaexperiences.com
Before completing an online booking, the person booking is given the opportunity to consult and save these conditions and expressly confirms that they apply. MAE keeps a record of which version applies to the booking and states or provides that version with the booking confirmation.
The person booking is responsible for passing on the relevant conditions and safety requirements to all participants taking part under the same booking.
If particular conditions have been agreed in writing for a specific Experience, those particular conditions prevail over these general conditions in so far as they are incompatible with them, unless these general conditions are more favourable to the consumer.
2. Nature and content of the service
MAE organises small-scale, guided Vespa Experiences in the Marina Alta. The service is a guided leisure activity and not a stand-alone scooter rental.
A regular Experience includes the use of a Vespa during the guided route, accompaniment by a guide, a helmet, an intercom, coffee and lunch. Any additional stops or elements are stated with the Experience concerned. Private Experiences and bespoke arrangements may differ from this where this is clearly stated in advance.
Routes, intermediate stops, restaurants, departure points and exact times may be adjusted for reasons of safety, traffic, weather or operations, provided there is reasonable ground for doing so and the character and essential value of the Experience are not materially reduced as a result.
3. Booking and formation of the agreement
A booking is definitive once the customer has received a booking confirmation from MAE and the payment due has been made in accordance with the booking procedure.
The customer is responsible for providing correct and complete details, including the names of participants, contact details, driving licence information and relevant dietary wishes, allergies or practical particulars.
MAE may refuse a booking or ask for additional information where there is reasonable doubt about a participant’s entitlement to ride, safety or suitability.
4. Prices and payment
The price shown at the time of booking is the total price for the chosen Experience and includes the applicable taxes in so far as these are legally due, unless expressly stated otherwise.
For regular Experiences, the prices stated on the website or in the booking confirmation apply per scooter and, where applicable, for a passenger riding pillion.
Private Experiences and bespoke arrangements may have a different price. The price and content are confirmed in writing in advance.
Payment is made in euros using the payment method offered at the time of booking. Any charges levied solely by the customer’s own bank or card issuer fall outside MAE’s price.
5. Driving licence, age and fitness
The rider must be at least 18 years old and hold a valid driving licence that entitles him or her, under the rules applicable in Spain, to ride a 125 cc Vespa. The rider remains responsible for holding the correct entitlement to ride.
The rider must be able to show the original valid driving licence and a valid identity document if MAE asks for them.
The rider must be physically and mentally able to take part in traffic safely. Riders may not use alcohol, drugs or other substances that may affect riding ability before or during the Experience.
If, before or during the Experience, it appears that a participant does not meet these conditions or, in the guide’s reasonable judgement, rides unsafely, MAE may refuse or end participation. Where this is attributable to the participant, there is no automatic right to a refund.
6. Safety rules and the guide’s instructions
Safety always comes before the programme. Participants must follow the safety briefing and the reasonable instructions of the guide.
A well-fitting, correctly fastened helmet and closed footwear are compulsory. Participants ride behind the guide, keep sufficient distance, do not overtake the guide or other participants without a clear instruction, and adjust their speed to the conditions and to their own experience.
Where the road and the traffic allow, the group may ride in a staggered formation for better visibility and more space between riders. In bends, on narrow roads, on descents, on poor road surfaces or in other situations where this is safer, that formation is abandoned and each rider chooses his or her own safe line.
The individual participant remains responsible for riding safely and for complying with the traffic rules. MAE may require a test ride or an additional familiarisation stretch before departure.
7. Passengers
A passenger riding pillion is only permitted where this has been stated at the time of booking and confirmed by MAE.
The passenger must follow the safety instructions, wear a helmet and, during the ride, sit and behave in such a way that the rider is not hindered.
The rider remains responsible for the safe operation of the Vespa with a passenger.
8. Cancellation by the customer
For regular Experiences the following cancellation policy applies, unless expressly agreed otherwise at the time of booking:
- more than 48 hours before the agreed start time: 100% refund;
- within 48 hours before the agreed start time: 50% refund;
- failure to appear (“no-show”) or cancellation after the agreed start time: no refund.
A cancellation request must be made in writing through the contact channel stated by MAE. The time of receipt by MAE determines which period applies.
A request to change the date is treated as a change request. A change is only valid after written confirmation by MAE. If no change can be agreed, the cancellation policy above continues to apply.
For a leisure service booked for a specific date or period there is, in principle, no separate statutory 14-day right of withdrawal, in accordance with article 103(l) of Spanish consumer law.
9. Cancellation or change by MAE
MAE may postpone, change or cancel an Experience where weather conditions, road conditions, traffic situations, technical problems, illness of the guide, force majeure or other safety or operational circumstances reasonably make this necessary.
Where MAE cancels the entire Experience before it starts, MAE offers a new date or a suitable alternative wherever reasonably possible. If the customer does not accept this, the customer receives back the amount paid for that Experience.
If a route has to be shortened or adjusted during an Experience for safety reasons, MAE will endeavour to provide a reasonable alternative or a materially equivalent Experience. If a material part of the agreed performance is not delivered and no equivalent alternative is offered, any statutory rights to an appropriate price reduction or another remedy remain unaffected.
10. Weather and safety
A cloudy day, light rain or normal differences in temperature do not automatically lead to cancellation.
MAE assesses on reasonable grounds whether the conditions are safe enough to ride, taking into account, among other things, current weather information, official warnings, road conditions and the circumstances on the spot.
In the event of dangerous rain, storms, extreme weather, slippery conditions, wildfire risk, road closures or other relevant circumstances, MAE may adjust, move or cancel the route. In the event of full cancellation before the start, article 9 applies.
11. Late arrival
Participants must be present at the time stated in the confirmation. The welcome, the safety briefing and any test ride form part of the Experience.
In the event of considerable delay, MAE may decide to depart without the late participant where waiting would unreasonably affect the safety, the route or the programme of the rest of the group. In that case there is no automatic right to a refund, in so far as permitted by law.
12. Use of the Vespa, fines and damage
The participant uses the Vespa carefully, in accordance with MAE’s instructions and solely within the guided Experience.
Traffic fines and other penalties arising directly from the participant’s conduct are for the participant’s account, in so far as permitted by law.
For directly demonstrable damage to the Vespa or other property caused by intent, reckless conduct, riding under the influence, disregarding safety instructions or other culpable conduct attributable to the participant, MAE may hold the participant liable for the part not covered by insurance, in so far as this is permitted under the applicable law and insurance conditions.
On request, MAE will substantiate a damage claim with reasonable documentation of the damage and, where applicable, of the insurance settlement.
13. Insurance and personal responsibility
While each Experience is being carried out, MAE maintains appropriate business liability insurance and accident insurance for participants, in addition to the insurance legally required for the vehicles used. The precise cover, exclusions, limits and any excess are determined by the applicable insurance policies. The existence of this insurance does not mean that every incident or every form of damage is automatically covered by insurance.
Taking part in road traffic carries inherent risks. Every rider remains responsible for his or her own conduct in traffic, observation, speed, distance, position on the road, decisions and compliance with the traffic rules.
The fact that a guide accompanies the group does not take away the rider’s own responsibility.
14. Liability of MAE
MAE carries out the Experiences with reasonable care and with particular attention to safety.
In so far as permitted by law, MAE is not liable for damage in so far as it results from circumstances that cannot be attributed to MAE, including:
- failure to follow safety instructions or reasonable instructions of the guide;
- unsafe, reckless, careless or unlawful riding by a participant;
- riding under the influence of alcohol, drugs or other substances that affect riding ability;
- insufficient riding ability or incorrect/incomplete information about entitlement to ride or fitness;
- acts of other road users or other third parties who do not fall under MAE’s responsibility;
- normal traffic risks such as gravel, sand, loose stones, slippery surfaces, poor road surfaces, animals on the road or unexpected traffic situations, unless and in so far as MAE is responsible for the damage under the law;
- a participant’s failure to comply with the traffic rules or with these conditions.
In so far as the damage was also caused by an act or omission of the participant, MAE’s liability may be reduced in accordance with the applicable law.
Nothing in these conditions excludes or limits MAE’s liability in so far as such exclusion or limitation is not permitted under mandatory Spanish law, including liability for death or personal injury in so far as this can legally be attributed to an act or omission of MAE.
These conditions do not limit statutory consumer rights in the event of non-performance, defective performance or other cases in which limitation is not permitted by law.
15. Restaurants, stops and other third parties
Some Experiences include coffee, lunch or other services that are in fact provided by an independent third party. MAE selects its partners with reasonable care.
Participants must report dietary wishes and allergies in good time when booking. MAE will make reasonable efforts to pass this information on to the location concerned, but cannot guarantee that an external location can accommodate every dietary wish or allergy.
For purchases or services that a participant takes up independently during a stop and outside the booked Experience, that third party is the contracting party.
Nothing in this article excludes MAE’s liability if and in so far as MAE is responsible under the law for the performance of a service included in the Experience.
16. Personal belongings
Participants are themselves responsible for their telephone, camera, sunglasses, bag, money and other personal belongings.
MAE is not liable for the loss, theft or damage thereof, except in so far as this is directly caused by a failure attributable to MAE and liability cannot lawfully be excluded.
17. Photographs and video
MAE may take photographs or video during Experiences. Recognisable use for marketing or promotion only takes place on the basis of separate valid consent where that consent is legally required. Giving consent for promotional use is voluntary and is not a condition of participation. A participant may indicate, before or during the Experience, that he or she does not wish to appear recognisably in promotional content. Consent given earlier may be withdrawn for future use in accordance with the privacy statement.
18. Privacy
MAE processes personal data for booking, customer service, safety, administration and the performance of the Experience. Further information about the legal bases, retention periods, recipients and the rights of data subjects can be found in MAE’s privacy statement.
Personal data are processed in accordance with the applicable privacy legislation, including the GDPR.
19. Complaints and consumer rights
A problem during the Experience must, where possible, be reported to the guide immediately, so that MAE has the chance to resolve it on the spot.
Complaints afterwards may be submitted in writing to info@marinaaltaexperiences.com, preferably as soon as possible and with sufficient information to assess the complaint.
Official complaint forms (“hojas de reclamaciones”) are available to consumers who request them, in accordance with the applicable rules of the Comunitat Valenciana.
The customer’s statutory consumer rights continue to apply in full.
20. Force majeure
MAE is not liable for delay or non-performance in so far as this is the direct result of circumstances beyond MAE’s reasonable control, such as extreme weather, natural disasters, wildfires, serious road closures, government measures, strikes or comparable cases of force majeure.
In such a situation MAE will take reasonable measures to limit the consequences for the customer and, where possible, propose an alternative.
This article does not affect the customer’s mandatory rights, including any rights to a refund for services not delivered where the law so requires.
21. Applicable law, competent court and language
Spanish law applies to the agreement, without a consumer thereby losing the protection to which he or she is entitled under mandatory consumer law.
Disputes are submitted to the court that has jurisdiction under the applicable statutory consumer rules. These conditions do not seek to declare any other court exclusively competent where that would be to the detriment of the consumer.
The conditions are available in Dutch and Spanish. Both versions are intended to be identical in substance. In the event of an unintended difference in interpretation, the Spanish text is used as the reference, in so far as this is permitted by law and without limiting mandatory consumer rights.
22. Changes to the conditions
MAE may change these conditions for future bookings. For a booking that has already been confirmed, the version that applied at the time of booking remains applicable in principle, unless a change is legally required or is expressly agreed with the customer.
23. Severability
If a provision proves to be wholly or partly invalid, unenforceable or void, the remaining provisions remain in force in so far as the agreement can continue to exist without the invalid provision. The invalid provision is replaced or disapplied only in so far as the applicable law requires.