TERMS AND CONDITIONS
I. PRIOR PROVISIONS
1. These Terms and Conditions of the company HiFly Madrid, S.L., CIF: B42802611, with registered office in Madrid, Calle Mondragón s/n, C.P. 28917, a limited liability company, registered in the Mercantile Registry of Madrid, in volume 32090, folio 213 and following, sheet M-577535; will apply to the agreements entered into with the client, or third party for whom the client hires, hereinafter “third party”, and the provider, the company HiFly Madrid, S.L.
2. The provider will ensure the provision of the service specified on the website hiflymadrid.com
3. All contractual relations are formalized in accordance with the provisions of the Commercial Code and, subsidiarily, in the Civil Code.
II. DEFINITIONS AND TERMS
Contract – purchase contract, or any other type of contract in accordance with the civil code, provided that one of the parties is the supplier and the other the client.
Service provider / supplier – person who formalizes and fulfills the conditions of the contract within the framework of his business activity. This is the entrepreneur who, either by himself or through third parties, delivers the product to the customer or offers a service, hereinafter “Provider”. Customer of the service – user – person who formalizes and fulfills the conditions of the contract acting on their own behalf. It can be a natural or legal person who buys the products or enjoys the service for purposes other than business, hereinafter “Client – user”.
Customer of the non-user service – natural or legal person who buys the products or uses the services within the framework of their business activity, hereinafter “Client – non-user”.
Client / Customer of the service – term used both for the Client – user and for the Client – non-user.
Contractual formalization – the Client’s order will be understood as a contractual proposal, formalizing the contract between the parties from the confirmation of the Provider’s order to the Client. From that moment, bilateral rights and obligations arise between the Provider and the Client, established in the contract and in the Terms and Conditions, which will be inherent to it.
In the event that the contract is formalized in favor of a third party, the third party will be bound from the moment he gives his consent. As long as the third party does not give his consent, the rights and obligations derived from the contract will take effect between the parties who formalized it. In the event that the third party does not consent to the contract, it will take effect between the parties that formalize it.
III. CONTRACTUAL INFORMATION AND TERMS AND CONDITIONS
1. With the request for the provision of the service, the Client accepts having been informed of the Terms and Conditions which he accepts. The Client is obliged to inform the third person for the benefit of which it is contracted, about the rights and obligations derived from the contract and these Terms and Conditions, and this until the moment in which the person is going to enjoy the service. The third person also accepts the Terms and Conditions of this contract. The Client and the third person will be referred to in these Terms and Conditions from now on, as the Client.
2. The Terms and Conditions specify the relationship between HiFly Madrid, S.L. and the Service Client. The Provider and the Client undertake to respect and comply with the stipulated Terms and Conditions.
3. By sending the order, the Client accepts, without exception, all the stipulations contained in the Terms and Conditions, in the wording in force on the day the order is sent, as well as the price of the services requested, including management costs. or emails listed on the hiflymadrid.com website and/or in the order; unless expressly stipulated otherwise. The Client is obliged to send the order, except for the rights that are inherent to him as a consumer in accordance with RD 1/2007, of November 16, General Law for the Defense of Consumers and Users.
4. The contract is formalized in Spanish. The formalized contract will be kept by the Provider in its files for its fulfillment without third parties having access to it. The information on the technical aspects necessary for the formalization of the contract are derived from these Terms and Conditions. The Customer may review the order prior to shipment and correct it where appropriate. These Terms and Conditions are available on the website hiflymadrid.com and may be archived and reproduced by the Client.
5. The cost derived from the use of the means of communication for distance contracting (telephone, internet, etc.) will be the normal ones derived from the service, according to the telecommunications rates that the Client uses.
IV. PERSONAL DATA PROTECTION
1. The protection of personal data is described and summarized in a separate document entitled Information for clients on the protection of personal data available at hiflymadrid.com.
2. The Provider will use the connections and visits to the hiflymadrid.com website for statistical analysis; in order to quantify the number of visitors, geographical data of the connections, etc. This information will be collected only for numerical/statistical purposes, disregarding the personal data of the users and will be used for other analyzes and statistics to improve the services and products that are offered and improve relations with buyers through the web pages.
V. CONTENT OF THE SERVICES
1. The contractual relationship between the Client and the Provider arises from the request for services by sending the form available on the website hiflymadrid.com or by request made by telephone, by email or in person at the Provider’s establishment.
2. The gift package includes a gift voucher with instructions and conditions detailing the validity of the voucher as well as the name of the product, flight information and, if applicable, a congratulations. The validity of the gift package ends with the expiration of the validity period indicated or by the enjoyment of the requested service. The validity of the gift package will always be indicated. Exchanges of gift packages for cash will not be accepted. The Provider undertakes to process the order and send the gift package within three business days from the order of it.
3. The place of delivery of the gift package will be the one designated by the Client in the form, unless otherwise agreed.
4. Ownership of the gift package will pass to the Customer at the time of its acquisition by the Customer, subject to payment of the price in accordance with the contract. The gift package can be sent to a third party, being valid and in force these Terms and Conditions and the Client is obliged to inform the third person about all the rights and obligations derived from these Terms and Conditions until the moment in which the third party exercise your right to enjoy the service with respect to the Provider.
5. The service will be provided to the person who appears in the reservation. The Provider is exempt from any responsibility derived from the loss of the gift voucher after its correct shipment. It will be mandatory to present the gift voucher to reserve the date of the service and the identification of the person on the day of the provision of the service.
6. The Provider undertakes to comply with the service in accordance with the order once the reservation has been made and payment has been made by the Client. The reservation of the date is binding from the moment of effective payment of the price of the service – activity, and it is recommended that the reservation of the date be made by the Client at least fifteen days before the date of provision of the service. The reservation of the date and place of the activity will be agreed with the Provider until the validity date of the gift voucher.
7. Based on the reservation of the service – activity, the Provider is obliged to deliver to the Client all the necessary information related to the service – activity – specifically, the place of its performance, the duration of the activity, the clothing and equipment necessary for the service – activity -, where appropriate, the Provider may request a medical certificate from the Client.
8. Reservation cancellation policy by the Client:
Number of hours before the date of performance of the service
Change of reservation or cancellation expenses indicated in € on the amount of the canceled service “FUN”
Between 24 – 72 hours – €9
Between 12 and 24 hours – €14
Less than 12 hours – Cancellation impossible
Change of reservation or cancellation expenses indicated in % of the amount of the canceled service “SPORT”
More than 72 hours – 0%
Between 24 – 72 hours – 30%
Between 12 and 24 hours – 70%
Less than 12 hours – 100%
9. In case of cancellation by the Provider, the latter will have the obligation to provide the Client with an alternative date and that the Client has availability. In the event that it is impossible to provide a new available date, the Provider will return the full amount of the canceled service to the Client.
VI. PRICES OF SERVICES
1. The current prices of the services are listed on the website hiflymadrid.com. The indicated prices are included with the corresponding taxes (VAT), unless expressly indicated otherwise. The amount of VAT is legally established and will be duly itemized in the invoices.
2. In case of delay in any payment by the Client to the Provider derived from the contract, the Provider will have the right to claim default interest corresponding to 0.05% per day of the principal amount owed and from the fifteenth day of delay will have the right to claim interest at 0.1% daily of the principal owed.
3. The gift voucher will have the deadline indicated on it, after which it will not be valid. Likewise, a postponement of the date indicated on the gift voucher will not be accepted in any case.
VII. CONTRACTUAL RIGHTS AND OBLIGATIONS
1. The Client accepts that all activities – services provided by the Provider and in which the Client participates, are the sole responsibility of the Client. The Client must assess his physical, mental, and health conditions for the types of activities offered before sending the order or before enjoying the service. Information on possible limitations (age, physical capacity, state of health, if necessary, the need for a medical check-up), can be found on the website hiflymadrid.com.
2. The Client has the obligation to appear at the place and date (date and time) agreed for the provision of the service. Otherwise, the Provider will not be obliged to provide the service to the Client, not even at a later time.
3. If the Client is under 18 years of age, they must be accompanied by an adult and have the authorization of the guardian or legal representative that corresponds to the authorization template that is available on the hiflymadrid.com website. The companion will be responsible for the authenticity of the authorization and the signature.
4. The Client may replace the user of the service with a third party, always before the service is provided. The new user must be given the gift voucher and must comply with the conditions indicated for said activity (e.g. age, state of health, medical certificate).
5. The Provider undertakes to ensure that a responsible person, hereinafter the instructor, is present at the place where the service is provided, who will offer a course to the Client and inform him about all the obligations and conditions that must be met during the provision of the service. service, if the type of activity requires it.
6. The Client has the obligation to pay the damages that could be caused to the Provider of the service in the enjoyment of the same in case of non-compliance with the instructions of the Provider of which he has been informed prior to starting the activity.
VIII. RIGHTS DERIVED FROM LIABILITY FOR DAMAGES
1. The Provider is obliged to assure the Client that the provision of the contracted service will be carried out in accordance with the specifications detailed on the website or in the document describing the activity that is part of the gift package.
2. In the event of a claim for non-compliance with the service, the Client must inform the Provider in writing, and as soon as possible, in any case not later than 3 months from the provision of the service, or from the day it should be provided. The Provider is obliged to respond to the claim immediately, in the case of more complex claims within a maximum period of 3 working days from receipt of the claim. This period does not include the period necessary to obtain a technical assessment of the non-compliance of the service. The claim will be resolved as soon as possible and in any case within a maximum period of 30 days. After this period, the Client has the right to terminate the contract or request a price reduction.
3. The Provider will issue the Client a certificate on the formalization of the claim, its content, and the form of resolution requested by the Client. He will also issue a certificate on the resolution form. In case of rejecting the claim, he will send the Client in writing said dismissal duly motivated.
4. The Client has the right to reimbursement of all the expenses incurred for the fulfillment of the claim, in case the claim has been estimated by the Provider. In the event that conditions have been established for the contractual resolution by the Provider, the Client will be entitled to the payment of all expenses incurred.
IX. WITHDRAWAL AND CONTRACTUAL RESOLUTION
1. The Provider may terminate the contract in the event of a serious breach of the obligations of the Client or third parties, for whose benefit the contract has been formalized and for which the contract has been accepted, without the Client having the right to receive any type of compensation.
2. The Client shall have the right to terminate the contract in the following cases:
-In case of a serious breach of the Provider’s obligations. The resolution must be processed in writing, within a period of two days from the date of non-compliance.
-The User will have the right to withdraw from the contract within 14 calendar days from receipt of the gift package, in the event that the contract has been concluded remotely (internet, e-mail, telephone), and this without the need to allege cause. any and without any penalty. In case of exercising the right of withdrawal, he must send his written decision within a maximum period of 14 days from receipt of the certificate (gift package), in the event that contractual fulfillment has not occurred.
3. To exercise the right of withdrawal from the contract by the Client in accordance with the provisions of Law 1/2007, of November 16, General Law for the Defense of Consumers and Users, the written form is recommended, for greater legal certainty for both contracting parties.
X. FINAL PROVISIONS
1. All materials and information provided on the website are the exclusive property of the Provider. These materials and information must not be used or modified without the express consent of the Provider. These Terms and Conditions are valid in the context described on the Provider’s website at the time the Client submits the service order.
2. These Terms and Conditions will be effective as of November 22, 2018.