TERMS AND CONDITIONS
TERMS AND CONDITIONS OF ON-LINE PURCHASE
OWNERSHIP OF THE WEBSITE
EMPRESA DE TRANSFORMACIÓN AGRARIA, S.A., S.M.E., M.P. (hereinafter referred to as TRAGSA, a Spanish company with the company tax code no. A-28476208, the registered office at Calle Maldonado nº 58, 28006, Madrid. Incorporated on the 24th May 1977 with the Register of Companies of Madrid, Page M-59.813, Folio 62, Book 171 of Section 89, is the owner of the Website https://www.caminobarrancodemasca.com/en (hereinafter, the Website).
Customer service: email@example.com.
GENERAL TERMS AND CONDITIONS
These Conditions of On-Line Purchase shall expressly govern the relations arising between TRAGSA and the consumers who order the services or products offered on the Website.
These Conditions of Purchase have been drawn up in accordance with the provisions of the Spanish Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Conditions of Contract, the Royal Decree 1906/1999, regulating the telephone and electronic contracting by means of general terms and conditions as set out in Article 5.3 of the Law 7/1998, the Royal Legislative Decree 1/2007 of 16 November 2007, approving the consolidated text of the Spanish General Law for the Protection of Consumers and Users and other complementary laws, the Law 7/1996 on Retail Trade, the Royal Decree-Law 14/1999, regulating the Electronic Signature, and any other legal provision that may be applicable.
This document is accessible at all times in the On-Line Purchase section of the Website and can be printed and stored by the User.
Before making your on-line purchase, remember that you must give your express consent to the processing of your personal data by TRAGSA by filling in the form provided on our Website.
These Conditions of On-Line Purchase aim to govern the general conditions for the provision of the services offered by TRAGSA through the website https://www.caminobarrancodemasca.com/en. The services which are currently provided by TRAGSA and which are the subject of the contract with consumers are the services relating to the sale of certain types of tickets for the Masca Gorge Trail that the company offers to our Users as well as, where appropriate, other products and services offered on the Website.
The products and services offered by TRAGSA can be acquired by any consumer residing in Spain or in another Member State of the European Union or of the European Economic Area, as well as by consumers residing in a state that is not member of the European Union or the European Economic Area, but to whom Spanish law applies.
The sale service of Masca Gorge Trail tickets as well as of any other product offered through the Website is set up for valuable consideration, and the price of each product—including taxes—is displayed on the Website at any given time.
Access to the information contained on the Website is not subject to any kind of payment.
The consumer understands that the information contained on our Website, including general information about the catalogue of services as well as of other products offered on the Website, and the General Conditions of On-Line Purchase and performance of the contract, is sufficient to exclude any error in the consent thereof.
In order to proceed to using the different services offered on the Website, the consumer must follow all the directions and instructions displayed on the screen at each step of the purchase process, providing to this end, the information required in the forms set on the Website, which will imply prior reading and acceptance of all the General Conditions of On-Line Purchase set out therein; the consumer acknowledges hereby knowing and accepting the aforementioned procedures as necessary in order to access the products and services offered on the Website.
The consumer will finalise the purchase process after having completed all phases thereof, electronically sent the purchase order and fulfilled the obligation of payment through one of the different methods available, either by “credit card”—Visa or Mastercard—or using the “Paypal” system.
These General Conditions of On-Line Purchase will become part of the contract at the time of the consumer’s express acceptance, evidenced by completing and sending the data entered during the purchase process.
The use of any of the Website’s services implies the unreserved acceptance of each and every one of the General Conditions of Use of the Website as well as of the General Conditions of On-Line Purchase and, where appropriate, of the Specific Conditions of Purchase which are made available to the consumer prior to the completion of the purchase process, and which govern the acquisition of the tickets as well as the acquisition of all the other products and services offered on the Website.
Terms and conditions regarding safety when hiking the trail
Hiking the Masca Gorge trail entails a series of risks due to the characteristics of the location and the hiking activity itself. Please be aware of the following:
Risks related to the unique nature of the location:
- Rock falls.
- High temperatures.
- Rough seas.
Risks related to the activity itself:
- Skids and falls.
- Tiredness or fatigue.
When you purchase your ticket you must confirm that you are aware of the particular characteristics of the trail, are in suitable physical condition, have information about the risks involved in hiking the trail, agree to comply with all regulations during your hike, taking maximum precautions at all time and proceeding at your own risk, and that you do not have any relevant health condition that could pose a risk to your physical integrity during the hike.
If staff notice that a user does not meet the necessary conditions to take part in the activity safely, they may advise the user before/during the trail that it is not suitable for them to begin or continue the activity. Should the user not accept this recommendation, they may be required to sign an informed consent form stating that they accept liability for any costs related to a rescue or medical assistance.
Please remember that under-8s are not allowed to take part and minors (under 18 years old) must be accompanied by a responsible adult. In any event, whoever holds the legal guardianship of a minor is ultimately responsible for them.
You can find further information about the safety of the Masca Gorge Trail here.
Terms and conditions regarding conservation of the natural environment
For conservation reasons applicable to the rural setting and the gorge itself, when you purchase your ticket you agree to the following conditions:
- Do not leave the signposted trail and do not access any private property.
- Do not enter the water course or pools.
- Do not make a fire or smoke.
- Do not follow the trail by bicycle or on horseback.
- Do not bring animals of any kind with you except for working/guide dogs following prior notification and with express authorisation.
- Take all rubbish and waste with you, including organic waste, until you can put it in a suitable bin.
- Do not camp or spend the night.
- Do not gather plants or stones or bother the fauna in any way.
- No hunting or fishing.
- Be as quiet as possible.
- Do not access the beach area of the bay or use the jetty for any reason other than accessing the boat.
You can find further information about the conservation of the Masca Gorge Trail here.
Terms and conditions regarding compulsory equipment
Before starting the trail you must visit the checkpoint at Masca Visitors’ Centre or Checkpoint 3 in the bay (depending on the direction in which you follow the trail) where checks will be made to see that you have all the obligatory equipment. This means you need to be at the facilities half an hour before your booked time. If you don’t have any of the items listed here, you will be refused access. When purchasing your ticket, you must confirm that you understand the requirements and will have the following compulsory equipment with you on your hike:
- ID document that identifies you as the ticket holder, even for minors.
- Where applicable, proof that you are a resident of Tenerife, under 14 years of age, or a member of a Mountaineering or Caving Federation (with territorial scope encompassing Tenerife) in order to qualify for the discounted rate.
- Trail entrance ticket for the booked time.
- Boat ticket for the Masca Bay-port of origin/destination journey.
- Under-18s must have authorisation to hike the trail from their legal guardian; minors must be accompanied by an adult responsible for them.
- If you are accompanying a minor and are not their legal guardian, you must provide a document from their guardian authorising their visit.
Clothes and accessories:
- Closed mountain hiking footwear and suitable clothing for hiking.
- Helmet (this will be loaned to you by Masca Gorge Trail staff).
- Sufficient water (drinking water is not available along the trail).
- Mobile with charged battery.
- Specific medication (if required by medical prescription).
We also recommend the use of other equipment that you can check here.
Before accepting the terms and conditions, please make sure you read and understand the contents because you are agreeing to comply with these terms and if you do not, you will be refused access to the trail.
Please bear in mind that, during the pilot trial, if you are not at the checkpoint the minimum time in advance necessary, you will lose your right to access and your place will be freed up so that other users can enjoy the trail.
Changes and cancellations
If you would like to change or cancel individual bookings:
If you have independently booked a ticket for the Masca Gorge trail through the central booking system, the following conditions are applied to any changes and cancellations:
With more than 48 hours’ notice:
- Changes or cancellations will be free of charge.
- In the event of a cancellation, you will be refunded 100% of the booking fee.
- In the event of a change, the new date must be within one year of your original booking date.
48 hours or less in advance:
- Changes with less than 48 hours’ notice are not allowed—only cancellations.
- In the event of a cancellation, you will be refunded 50% of the booking fee.
If you do not turn up for your booking without requesting a change or cancellation in advance, you will not be given a refund.
If you would like to change or cancel group bookings made by authorised collaborating Active Tourism companies:
With more than 48 hours’ notice:
- Changes or cancellations will be free of charge.
- In the event of a cancellation, you will be refunded 100% of the booking fee.
- In the event of a change, the new date must be within one year of your original booking date. You will be permitted a maximum of two changes.
48 hours or less in advance:
- You will be charged 100% of the booking fee for the change or cancellation.
If the Masca Gorge trail is closed on the booked day and time:
If the managing agent of the trail decides to cancel visits due to force majeure (adverse weather warning, rough seas, maintenance work, etc.), anyone who has made a booking will be notified as far in advance as possible. Please bear in mind that, in the event of adverse weather, notification may be given just a few hours in advance. In any event, you may change your booking date or cancel at no cost. Remember that Teno Rural Park has many fascinating alternatives if you can’t access the gorge: take a look at other options for your day here.
- If you would like to change your booking to another day, you may do so free of charge. You have 30 days to think about it and notify us of the new date within 1 year (subject to availability).
- If you would like to cancel your booking, you will be refunded 100% of the booking fee.
Extraordinary measures due to COVID-19
To ensure your safety and comply with healthcare directives during the present extraordinary situation, a preventative measures protocol has been implemented to prevent any possible transmission of COVID-19. Complying with these measures is obligatory. The measures will be updated according to instructions from the relevant official bodies.
Protocols and safety measures on the Masca Gorge trail and additional equipment:
- It will be compulsory for Masca Gorge trail staff to wear masks while carrying out their work at the Visitors’ Centre and the Checkpoints, and on other stretches of the trail when it isn’t possible to keep a safe 2 m distance from others.
- Surfaces in the Visitors’ Centre and Checkpoints will be regularly disinfected.
- Hydroalcoholic hand gel will be available for visitors at the Visitors’ Centre entrance and at the various Checkpoints along the trail.
- The minimum safe distance between people (2 m) will be signposted on the ground, counters, and communal areas.
- Masca Gorge trail staff have completed COVID-19 prevention courses and will regularly undergo testing, in addition to having the necessary personal protection equipment.
- The maximum capacity of the installations has been adapted to comply with current legislation at all times.
- Visitors will be given body temperature tests before entering the checkpoint areas. If your temperature is above recommended levels you will be refused access and your booking fee will be refunded.
- Mats soaked in disinfectant for disinfecting shoes will be placed at the entrance to the Visitor’s Centre and in front of the counter at Checkpoint 3.
- All documentation and information systems used for providing access to the trail have a digital option to minimise use of printed materials; any printed materials will be for individual use.
Compulsory COVID-19 prevention measures for visitors who want to hike the Masca Gorge trail:
- Use face masks in the Visitors’ Centre at any point where you cannot be a safe distance of 2 m from people you don’t live with. We recommend having your face mask to hand for the duration of the trail.
- Disinfect your shoes on the mats at the Checkpoints and wash your hands with hydroalcoholic hand gel whenever possible.
- Keep a minimum distance of 2 m from anyone you don’t live with and respect the maximum capacity of the Visitors’ Centre.
- You must let your temperature be taken before entering the Visitors’ Centre or at Checkpoint 3.
- In the event that you do not comply with any of these measures, you will be refused entry to the facilities and the Masca Gorge trail, and will have the right to a booking refund.
If you show any symptoms associated with COVID-19, a protocol will be followed to isolate and evacuate you and your companions, and you will have the right to a booking refund.
Documentation and language
These General Conditions of On-Line Purchase are accessible at all times during on-line shopping on the TRAGSA Website and can be printed and stored by the consumer.
In case of the acquisition of products, upon the completion of the purchase process, the consumer will receive by e-mail a Simplified Invoice (Ticket or Voucher) for the purchase made with a valid bar code, which shall be exchanged for tickets on the premises and/or give access to the activity reserved.
All requirements for providing a document serving as invoice shall be considered fulfilled with the issuance of the simplified invoice (Ticket or Voucher), in compliance with the Royal Decree 1073/2014 of 19 December 2014, amending, among others, the Regulation governing the invoicing obligations, approved by the Royal Decree 1619/2012 of 30 November 2012.
The consumer may not exercise the right of withdrawal, since one of the legally recognised exceptions applies in this case, set out in Article 103 letter L of the Royal Legislative Decree 1/2007 of 16 November 2007, approving the consolidated text of the Spanish General Law for the Protection of Consumers and Users (TRLGDCU) and other complementary laws, which states literally: “The right of withdrawal shall not apply to contracts that relate to the following items: Provision of accommodation services for purposes other than housing, transport of goods, vehicle rental, catering or services related to leisure activities if the contract provides for a specific date or period of performance.”
The tickets purchased through the Website are nominative and non-transferable.
For any incidence, claim or exercise of their rights the consumer may send an e-mail to the following address: firstname.lastname@example.org.
If a consumer has an accident or finds themselves suddenly indisposed during the activity, they should ring 112.
Shall there be not enough funds on the credit card prior to the provision of the service reserved or shall the payment for said service be returned, the reservation will be deemed cancelled and, consequently, cancellation charges will apply. We reserve the right to claim further damages.
If you subscribe to special discounts, it is necessary that you carry valid supporting documents (federated mountaineer, Tenerife resident or child under 14). If you fail to certify the condition that entitles you to discount, you must pay the price difference at the Visitors’ Centre or the indicated place in order to access the service purchased.
These General Conditions of On-Line Purchase have been originally drawn up in Spanish. In the event of any dispute, the original version shall prevail over this translation.
The use of promotional codes on the website
Consumers can receive, along with their voucher, a promotional code to use with future purchases on this website.
These promotional codes, received by the consumer along with their voucher for the purchase of one activity, shall only be valid for the future purchase of any of the activities on the catalogue which apply. This includes using it to book the same activity for which the promotional code has been received, if the activity has not been cancelled by the consumer.
The Website shall make available to the consumer all the technical means necessary to track and correct errors in the data entered in the different forms that are displayed on the screen during the process of purchase.
Modification of the General Conditions of On-Line Purchase
TRAGSA reserves the right to modify at any time these General Conditions of On-Line Purchase or, where appropriate, the Specific Conditions of Purchase that may apply, as well as any other general or specific terms, regulations of use or notices that may apply. The duty to notify consumers shall be considered fulfilled by modifying the General Conditions set out on the Website.
In any case, it will always be possible to read, prior to buying products or services, the General Conditions of On-Line Purchase and, where appropriate, the Specific Conditions of Purchase that may apply. Also, TRAGSA reserves the right to modify at any time the display, settings and location of the Website, as well as the contents and conditions of use thereof.
PERSONAL DATA PROTECTION
Personal information that the consumer enters on the website and any other data generated afterwards as a result of their relationship with us will be incorporated into files of which TRAGSA, having its registered office at Calle Maldonado nº 58, 28006, Madrid, is responsible. The data will be processed for the purpose of development, maintenance and control of the relationship between the consumer and us and, in particular, to process the purchase of tickets or other products as well as the requests that the consumer may ask of us and to maintain communication in order to improve our services and for statistical purposes.
To exercise your rights of access, rectification, cancellation and your right to object in the terms established by law, please send a written request to the company responsible for the files, enclosing a copy of your identity document.
IF YOU ARE UNDER THE AGE OF 14, WE NEED THE CONSENT OF YOUR PARENTS OR LEGAL GUARDIANS.
In order to obtain it, we will contact them and ask them to confirm that they are your mother, father or legal guardians and that they grant their consent, which is when we will be able to accept your request.
To exercise your rights of access, rectification, cancellation, objection, data portability and restriction of processing in the terms established by law, please send a written request to the company responsible for the files, enclosing a copy of your identity document.
APPLICABLE LAW. JURISDICTION
These Terms and Conditions are governed by the Spanish law. The parties may choose to submit the resolution of any dispute to the Courts of the consumer’s domicile and thereby expressly waive any other jurisdiction.