Terms and conditions

PURSUANT TO SPANISH LAW 34/2002 ON INFORMATION SOCIETY SERVICES, GORANDOM.ES IS AN INTERNET DOMAIN BELONGING TO GORANDOM S. COOP. PEQUEÑA, TAX NUMBER F95959441, REGISTERED ADDRESS AT AULA DE EMPRENDIMIENTO, PLANTA BAJA, ZUBIRIA ETXEA, AVENIDA LEHENDAKARI AGUIRRE 81, 48015 BILBAO, BIZKAIA, REGISTERED ON FOLIO 1327, ENTRY 1, OF THE REGISTER OF SMALL COOPERATIVE COMPANIES HELD BY THE BASQUE REGISTER OF COOPERATIVES

These general terms of sale are valid from 29/01/2015 and apply to products purchased while they were available, remaining in force in everything they provide for until notice of amendment or update is given.

These terms cover the booking, purchase and provision of GoRandom activity packages.

The Customer is the person who purchases the service through the website (http://gorandom.es/), on the understanding that the Customer may or may not be the Beneficiary of the service, depending on whether they use the package themselves or buy it
as a gift for someone else.

A Customer purchasing through the website must be of legal age (at least 18) and have the legal capacity to acquire the services and/or products offered through www.gorandom.es, and confirms that they understand these general terms in full.

In accordance with article 27 of Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, the following is set out:

1. Documentation relating to the formation of contracts is kept on file for 5 years from the moment they are concluded.
2. The Customer may access documents to which they are a party by making a request to the email address [email protected]

The Customer’s acceptance of these general terms of sale is an essential requirement for the formation of any contractual relationship between the Customer and GoRandom S. Coop. Pequeña

GoRandom S. Coop. Pequeña reserves the right to make such changes as it sees fit, without prior notice, both to the website and to these general terms. Changes affecting essential elements of the contracting terms do not apply to contracts already
agreed unless the Customer expressly accepts the changes.

ONE: PLACING THE ORDER AND FORMATION OF THE CONTRACT

The Customer may place GoRandom orders through the website. The ordering process involves the following steps:

1. The Customer chooses the adventure pack on the website: Go Yellow, Go Orange or Go Red.
2. The Customer selects the number of Beneficiaries who will use the GoRandom package.
3. The Customer selects the destination: the Basque Country or one of the cities published under Destinations on the website. If they choose the Basque Country they also indicate the province (Álava, Bizkaia or Gipuzkoa). If they choose a city elsewhere they also indicate their city of origin, which is used solely to send them an indicative estimate of flights and accommodation on the terms of clause ELEVEN.
4. The Customer selects the date on which they wish to use the package and the time slot. The activity may take place at any time between 09:00 and 23:00 on the day of the package.
5. Where the destination is the Basque Country, the Customer is shown the list of activities that could come up and may deselect, free of charge, a number of them that varies from one package to another. Where the destination is a city elsewhere this step is not shown: the activity is chosen by GoRandom together with the local partner.
6. On continuing, the Customer reaches the area where the Beneficiary’s details are entered. The Customer is responsible for the accuracy of those details.
7. The Customer then enters the payment and billing details.
8. On continuing, the order is recorded, subject to express acceptance of these general terms of sale.
9. A message confirming receipt of the order appears and the purchase process is complete.
10. Once the order is finally validated, the Customer receives a confirmation email setting out all the details of the order. Only by printing and/or keeping this email will the Customer have evidence of it.
11. Between 48 and 24 hours before the activity takes place, the Customer is told by email which of the possible activities the Beneficiary and their companions will be doing, along with the details of the activity, instructions on clothing and kit, and how to reach the meeting point. For destinations outside the Basque Country the meeting point is also given with its nearest public transport stop.

Where the Customer buys a gift voucher , it is subject to the following conditions:

1. The voucher may be redeemed by anyone, once only, so the Customer is advised to keep the code received by email safe.
2. The voucher may be redeemed within a maximum of one calendar year from the date of purchase. If you have an expired voucher, contact [email protected] and we will look for a solution.
3. The person redeeming the voucher may not also use other discount vouchers active at the time of purchase.

ACCURACY OF THE DETAILS PROVIDED BY THE CUSTOMER

The Customer undertakes that the details provided to us, whether through our website or by calling Customer Services, are true, accurate and complete, and in particular that any credit or debit cards used belong to them and hold sufficient funds to cover the cost of the product or service being purchased.

GoRandom reserves the right to cancel the Customer’s booking in the event of non-payment, a chargeback, false details, or an inability to verify the Customer’s card details.

GoRandom likewise accepts no responsibility for any problem with the activity providers arising from incorrect details entered by the Customer.

TWO: CONDITIONS OF USE AND LIABILITY

2.1 The GoRandom package sent to the Beneficiary entitles them to an activity service, provided by the company corresponding to the GoRandom activity selected.

2.2 The provision of the service is subject to the specific conditions of the company selected. It is therefore for the Beneficiary to find out from the chosen partner what specific conditions may apply.
Any refusal by a partner to provide the service for the reasons set out above shall not be regarded as discrimination of any kind or as a breach, and shall give rise to no liability on GoRandom’s part.

2.3 GoRandom acts solely as an intermediary between the user and the company providing the activity, and neither promises nor performs any service itself. It is therefore responsible only for its own activity, as provided by law, and no liability may be claimed from it for any failure to perform the services contracted between the user and the service provider.

2.5 The companies and partners selected by GoRandom hold professional liability insurance in demonstrably sufficient amounts and hold all the authorisations and qualifications that allow them to carry out their activities.

2.6 GoRandom reserves the right to end its relationship with one or more companies and partners during the period of validity of the GoRandom package, in particular in order to maintain the quality of the services.

2.7 GoRandom shall not be liable for any failure to perform caused by force majeure or unforeseeable circumstances, of whatever nature.

2.8 GoRandom is not responsible for delays or cancellations of activities. If an activity changes its time or is cancelled we can help start a claim against the partner company, but it is for the Customer to assert their rights directly against that company.

2.9 In order to operate, GoRandom needs to disclose data. Where that disclosure identifies specific individuals it constitutes a communication of personal data, defined in article 3(i) of Spanish Organic Law 15/1999 as “any disclosure of data made to a person other than the data subject”. The rules on data disclosure are set out in article 11 of that Law:

“Article 11. Communication of data”
Personal data being processed may only be communicated to a third party for the fulfilment of purposes directly related to the legitimate functions of the discloser and the recipient, with the prior consent of the data subject.

THREE: PRICE AND PAYMENT TERMS

3.1 The price of each GoRandom package is the one shown on the website at the time the Customer places the order. In accordance with applicable law, the price includes the activity, the handling charge and the corresponding VAT.

Additional charges arising from services not covered by the basic rate of the operator of the GoRandom package selected are not included in the price.

Additional transport costs are not included in the price of the GoRandom package.

Fees or supplements applied by the companies or partners are likewise not included in the price.

3.2 Payment may only be made by bank card (Visa, Eurocard or Mastercard), entering the card number, expiry date and the security code on the back of the card in the fields provided. The full amount of the order is charged to the card on the day the order is placed. GoRandom reserves the right to suspend processing of the order if the bank declines the payment authorisation. GoRandom guarantees the confidentiality and security of the Customer’s bank details transmitted through the website when placing the order (secure entry with SSL encryption).

FOUR: CANCELLATIONS, CHANGES AND REFUNDS

4.1 Grounds for cancellation that carry a refund:

– GoRandom reserves the right to accept or reject a purchase for any reason, including but not limited to a booking being unavailable, an error in the price or in the description or image of the service or product, or any error in the purchase. Where a purchase is cancelled, the full amount paid is refunded by the same means used to make the purchase, within approximately 3 to 15 calendar days.

– GoRandom undertakes to exchange the activity or service for an equivalent one, subject to availability, where the situation arises from an error on GoRandom’s part. If the exchange cannot be made, the full amount is refunded. To arrange a refund, contact us at [email protected]

– Purchases may be cancelled and refunded where GoRandom receives an express instruction to that effect from the Promoter (the company running the activity), which usually happens in cases such as weather conditions, cancellations, breakdowns or changes of date. If a change of date is needed, the user must contact GoRandom at [email protected] to let us know.

4.2 Grounds that do not carry a refund:

– Being unable to attend the service booked.

– An error made when purchasing is not valid grounds for a refund.

– Where the holder has been unable to redeem the voucher before its expiry date for reasons attributable to the activity or service provider or to GoRandom, they may contact Customer Services for an appropriate solution.

4.3 End of buyer protection:

The purchaser’s GoRandom buyer protection ends at the moment they hand over the booking reference received when the reservation was made, at which point the activity is taken to have been carried out.

FIVE: EVIDENCE OF ORDERS / RECORDS

Save for manifest error, the burden of proving which lies with the Customer, the data held in GoRandom’s databases constitutes evidence of the orders placed.

Data held on computer or electronic media in the ordinary course constitutes admissible and enforceable evidence on the same terms and with the same evidential weight as any document received and kept in writing.

GoRandom will provide proof of purchase of the booking by sending it to the
email address supplied by the purchaser, at the Customer’s request.

SIX: CUSTOMER SERVICE

Any request for information, particularly regarding the purchase, refund, exchange or operation of GoRandom packages, should be addressed to GoRandom through the “Contact” section of www.gorandom.es, or by
post to the following address:

SEVEN: VALIDITY OF THE CONTRACT

If any of these provisions is declared void or held to be non-binding, the validity of the remaining provisions of these general terms of sale is not affected.

EIGHT: DATA PROTECTION

In relation to personal data provided by the Customer when placing an order through the website, GoRandom S. Coop. Pequeña strictly complies with Spanish Law 15/1999 on the Protection of Personal Data and its implementing legislation, and informs the Customer that such data will be included in a file for automated processing. By accepting these general terms the Customer consents to that processing, for the handling of the order, for the sending of advertising, for requesting information about products and services and for improving the quality of the service.

The Customer has the right to exercise their rights of access, rectification, erasure and objection at any time, and to withdraw the consent given above, by sending an email to [email protected] or by post to the following address:

In any event, GoRandom undertakes to erase the personal data collected once it is no longer necessary or relevant for the purpose for which it was collected.

GoRandom guarantees the confidentiality and privacy of the personal data collected.

It cannot, however, fully guarantee that its security systems are impregnable, since no security measure available today is unbreakable. GoRandom is therefore not liable for incidents affecting personal data that arise from an attack on or unauthorised access to our systems in a manner its security systems could not detect.

Where an order is not completed, the Customer may receive emails with information about the company.

NINE: APPLICABLE LAW

These general terms of sale and the contract concluded on placing a GoRandom order are governed by Spanish law, and any dispute arising over their interpretation and application will be resolved by the courts of the city of Bilbao, Bizkaia.

TEN: LIABILITY

GoRandom merely provides Users/Buyers with an online space that allows it to act as an intermediary between Users/Buyers and providers in the sale of a good, product or service. GoRandom is in no case the owner of the products or services offered, nor does it hold them; it intervenes only in the completion of transactions between Users/Buyers and the providers of the services and/or products.

GoRandom is therefore answerable to consumers and users in its capacity as seller, in accordance with Spanish Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Defence of Consumers and Users.

GoRandom’s policies for admitting providers require integrity, honesty, social responsibility and moral soundness from each of them, as well as quality in their products and services.

GoRandom takes no part in the organisation of the activities or services offered and therefore has nothing to do with matters such as access conditions or the comfort of the premises, where there are any. Likewise, the content, services and products appearing in advertising and promotional material on our site are the sole responsibility of the advertisers, and civil liability arising from the provision of the various services rests solely with the companies providing them.

Accordingly, for all purchases made through GoRandom it is the business where Users/Buyers redeem their voucher that is responsible for issuing, at the User/Buyer’s request, the corresponding receipt or invoice.

From the moment the purchaser hands over the booking reference received when the reservation was made — at which point the activity is taken to have been carried out — GoRandom’s buyer protection ends.

10.1 Indemnity:

Users/Customers shall therefore hold GoRandom, its directors, officers, representatives and employees harmless against any third-party claim or demand relating to the activities promoted on the website, to any breach of these general terms of use and other policies deemed incorporated into them, or to the infringement of any law or third-party right.

ELEVEN: ADVENTURES OUTSIDE THE BASQUE COUNTRY

11.1 GoRandom publishes, under Destinations on the website, a number of cities in which an adventure may be booked. In those cases the service contracted is exclusively the activity carried out in the destination city, provided by a local partner on the terms of clause TWO.

11.2 The price does not include travel to the destination city, accommodation, transfers within the city, travel insurance or any service other than the activity itself.

11.3 GoRandom is not a travel agency and does not organise, sell or act as an intermediary for package holidays or linked travel arrangements within the meaning of Spanish Royal Decree-Law 23/2018 and the consolidated text of the General Law for the Defence of Consumers and Users. The flight and accommodation estimate provided to the Customer based on their city of origin is purely indicative and does not constitute an offer, a booking, a binding quotation or intermediation of any transport or accommodation service.

11.4 It is for the Customer and the Beneficiary to arrange their own transport and accommodation, to hold the travel documents required by the destination country and to make their own way to the meeting point at the stated time.

11.5 Being unable to reach the meeting point for reasons beyond GoRandom’s control — including the cancellation or delay of a flight — is governed by clause FOUR. The Customer is advised to take out travel insurance covering such events.

11.6 Where, for reasons of weather or force majeure, the activity booked cannot take place on the scheduled date, GoRandom will offer an equivalent activity in the same city on the same date subject to availability and, failing that, will refund the price of the activity in accordance with clause FOUR. That refund covers only the price of the activity, never transport or accommodation costs contracted by the Customer with third parties.