Terms and Conditions
General terms and conditions of participation
1. SUPPLY OF THE SERVICE
Hikingcomolake.com portal is not a legal entity, but a network of specialized and licensed professionals. Every activity presented and promoted through this site is managed and organized by individual professionals who collaborate with each other in a completely independent manner, while respecting the general terms and conditions published on the site itself.
Throughout the activity, the participants will be led by Hiking Guides and / or by Alpine Guides registered regularly at the “Collegio Regionale della Lombardia” and / or by UIMLA Guides - qualified professionals according to regional and Italian regulations - hereinafter referred to as "Guide" or "Guides".
2. CUSTOMER OBLIGATIONS
2.1. Participants in the activities promoted on hikingcomolake.com must:
- be aware of all the implicit and explicit risks that may exist in sports activities carried out in an open and mountainous environment;
- have the right physical preparation in relation to the kind of activity they want to join and its relative degree of difficulty.
2.2. During the activity the participants will have to behave with diligence and precisely follow the recommendations of the Guide.
2.3. Participants in the activity must have the appropriate equipment, as indicated in the list published or given by the Guide. The Guide has the right to prevent participation in the activity to those who do not have adequate material and / or equipment. The payment of the activity will not be refunded.
3. SERVICE PRICE
3.1. The price indicated for participation in the specific activity is equivalent to the professional service of the Hiking or Alpine Guide.
3.2. These conditions are valid exclusively for the activities of the Guide in charge of the hike/activity. If the excursion is part of a package organized by an agency and / or a third party, any ancillary activity will be the responsibility of the agency itself and / or of the third party.
3.3. Transportation costs, food, accommodation and any other non-budgeted additional costs, which the Guide must pay during the activity, will be charged to the participants of the activity, in proportion to their share.
4. CONFIRMATION OF THE RESERVATION
4.1. By sending the communication of participation in the selected activity, also by email, the customer declares to have read and accepted all the present conditions.
4.2. In the case of a group of people, the confirmation of participation, transmitted also by e-mail, by one of the subjects belonging to the group must necessarily indicate the names of the individual participants, in addition to the declaration of having been explicitly authorized by them. This communication represents the willingness of the individual parties indicated to participate and their acceptance of these terms and conditions.
4.3. All of the hikes/activities organized through the website hikingcomolake.com will not accept the registration of minors unless they are accompanied by a parent or an adult, who declares in writing that he/she will take custody of the child.
4.4.The reservation is considered confirmed when the Service Guide sends a further confirmation communication, via email, to the customer.
5. METHOD OF PAYMENT
5.1. The customer can book / buy the activity with advance payment, bank transfer or pay pal, or on the same day of the trip, by cash.
5.2. If the customer decides not to take part in the scheduled activity without a notice of at least 4 days prior to the date of the activity, it is necessary to make 100% of the payment for the activity, by bank transfer or pay pal.
6. MODIFICATION AND/OR CANCELLATION BY THE GUIDE
6.1. The planned and illustrated activity by e-mail or by website is formulated as an indication and the Guide, on the day of the activity, may decide to make changes, even during its performance, due to the following elements: a. weather situation, b. environmental conditions, c. conditions of the group of participants.
6.2. In the event that one of the conditions referred to in point 6.1. occurs, the customer is required to pay the fee established during the planning phase of the activity.
6.3. If the weather or environmental conditions require it, the program can be modified and/or cancelled completely.
6.4. Only in the case of total preventive cancellation of the scheduled activity - due to adverse weather forecasts – will participants not be asked for any compensation and what has already been paid will be refunded. The decision to cancel the hike/activity is strictly due to the Guide only.
6.5. Should the weather or environmental conditions require it, the program can be anticipated or postponed during the course of the day. This decision is strictly due to the Guide. In the event that the customer does not intend to accept this change, he/she will still be required to pay 60% of the agreed fee.
6.6. If the Guide finds that the participants in the activity are not provided with the appropriate equipment/materials, as indicated in 2.3., they may legitimately prevent participation. The payment of the activity will however required of them.
6.7. In the event that it is not possible to carry out the planned activity for serious personal and / or health reasons of the Guide, the activity or its reservation will be resolved in its entirety. The Guide undertakes to promptly notify the participants and / or agencies on behalf of clients, via email or other means of communication. In this case, the Guide will refund what may have been received from the participants and / or from third-party intermediaries if they have already made the payment in its favour. Nothing else may be requested from the guide, not even as compensation for damages.
6.8. No refund will be due to those who do not show up on the day of the activity and in the case of renunciation during the activity.
7. ADDITIONAL EQUIPMENT
The participants in the activity that borrow and / or rent technical equipment owned by the Guide, are required to return them at the end of the activity, in the state in which they have received it. In the case that the equipment is damaged, the Guide reserves the right to charge the cost of the repair or replacement exclusively to them.
8. SCOPE OF THE PRESENT GENERAL CONDITIONS AND EXEMPTION OF LIABILITY
These general conditions regulate the methods of use of the services offered by the Guides that work through the website www.hikingcomolake.com.
The owner of the hikingcomolake.com domain, Mrs. Francesca Mai, as well as each Hiking Guide and / or Alpine Guide who will be in charge of the individual excursions, decline any responsibility for damage to people and / or things, also to third parties, which could take place during the hike/activity. Considering the technical characteristics of the chosen hike/activity and their physical abilities, all participants, when confirming their participation, accept these conditions and exonerate the owner of the hikingcomolake.com domain and each Guide from any possible responsibility for any claim that should occur during the hike/activity, caused by negligence and/or wilful misconduct.
9.1. Customers declare to have received appropriate information, former art. 13 European Regulation 2016/679 and give their consent to the processing of data by Francesca Mai, VAT number IT03558120139, with registered office in Cernobbio, Via Piave 29, owner of the hikingcomolake domain as data Controller, aimed exclusively at conducting this agreement and the services indicated therein.
9.2. Photographs may be taken or video may be made during the hike/activity. They may be published on the hikingcomolake.com website, and on the associated social media (e.g. Facebook, Instagram) for promotional and documentation purposes.
Individual participants must first inform the owner of the hikingcomolake.com domain or the Guide if they do not intend to give their consent to said specific treatment in the communication confirming the participation in the hike/activity.
10. LAW AND JURISDICTION
10.1. This contract is governed by Italian law in force on the subject.
10.2. The exclusive jurisdiction for any dispute concerning the validity, formation, execution, fulfilment or termination of this agreement belongs to the Como Court.