These General Terms and Conditions of Sale govern all relations between Falinia Gestion SL and its online customers (the “Customer”).
Before carrying out any transaction, the Customer acknowledges that they have read and understood these conditions and declares their acceptance of them from the moment they click the “I Accept” button.
Falinia Gestion SL is a commercial entity and, consequently, with regard to sales made through its website or by any other means, complies with the commercial laws, regulations and consumer protection legislation in force at any given time.
1. Identification
Falinia Gestion SL, with its registered address at Calle la Deseada 51B, San Miguel de Abona, Tax Identification Number (CIF) B65984759, and registered with the Mercantile Registry of Tenerife in Volume 3285, Folio 160, Sheet TF-52173, is the owner of the website: www.barrancodelinfierno.es.
Falinia Gestion SL is the concessionaire entity responsible for the maintenance, supervision and management of access to the “Barranco del Infierno” Special Nature Reserve in Adeje.
2. Content and Information Provided on the Website
Falinia Gestion SL reserves the right to modify, at any time, the characteristics of the commercial offers presented on the website.
Falinia Gestion SL provides commercial information accurately and in good faith. However, such information may occasionally contain typographical errors. In such cases, which are entirely unintentional, the necessary corrections will be made immediately.
3. Specific Conditions of Sale
The Customer acknowledges that, at the time of placing the order, they are aware of the specific conditions of sale displayed on the screen (date, trail access conditions, required documentation, duration of the visit, group arrangements, conditions applicable to guided visits, cost of the services provided, etc.) and expressly declares their acceptance of them without reservation.
The purchase of access tickets or the booking of guided visits constitutes full and unconditional acceptance of the specific conditions of sale, which apply exclusively to the products or services contracted.
4. Purchasing Procedure.
The Customer may begin the booking process by clicking on the selected date in the booking calendar. The order will be added to a summary showing all products confirmed by the Customer. Before completing the order, the Customer must click on the button “I accept the General Terms and Conditions of Sale and proceed to payment” in the menu bar.
5. Applicable Taxes.
The prices of the products and services displayed on the Falinia Gestion SL website include the Canary Islands General Indirect Tax (IGIC), where applicable.
6. Payment Method.
For online purchases made through https://www.barrancodelinfierno.es/, payment may only be made by electronic card or PayPal. Under no circumstances will cash sent by post or any other postal service be accepted.
7. Proof of Purchase.
Once payment has been made, the Customer must print the access ticket, which indicates the specific entry time and booking reference number. Access to Barranco del Infierno will not be permitted under any circumstances without the personal presentation of the ticket, regardless of whether a reservation has been made or payment has been completed. The ticket must be retained until departure.
Documents proving residency and/or registration at the relevant address will only be valid if they are current and clearly show the place of residence that entitles the holder to the discount.
IMPORTANT: If the visitor fails to provide valid documentation proving their residency status, the ticket cannot be accepted and a new ticket must be purchased without the discounted rate.
8. Purchaser’s Rights. Refunds and Right of Withdrawal.
The Customer shall have a period of 14 calendar days to withdraw from their purchase, provided that such withdrawal is communicated at least 72 hours before the scheduled access date to the Barranco del Infierno Trail.
The Customer must notify Falinia Gestion SL, within the aforementioned period and by any legally accepted means, of their intention to exercise the right of withdrawal. In such cases, Falinia Gestion SL shall refund the purchase amount to the credit or debit card used for payment within the period established by the applicable regulations.
If the withdrawal is NOT communicated at least 72 hours in advance, no refund of the ticket price will be made and no changes to the booking will be permitted.
In the event of closure due to rain or strong winds, the Customer will have two options: either to change the booking date or to receive a full refund, regardless of the 72-hour notice requirement. However, if the Customer chooses to change the booking to another date, the 72-hour advance notice requirement will again apply to any subsequent changes or modifications.
If the Customer HAS communicated the withdrawal at least 72 hours in advance, the ticket will remain valid for a period of one year.
As visitor numbers are limited, it is recommended that visitors arrive 15 minutes before their scheduled entry time. We cannot guarantee admission if this requirement is not met, as other visitors may be waiting to enter.
9. Guarantees and Liability
Barranco del Infierno is a Special Nature Reserve. Falinia Gestion SL does not guarantee, under any circumstances, the refund of access tickets or guided visit fees in cases where access becomes difficult or impossible due to natural causes (including, but not limited to, rain, storms, or similar events).
Falinia Gestion SL shall be liable for the consequences arising from the non-performance or improper performance of the contract only in proportion to its involvement in the management of access to and maintenance of the Barranco del Infierno Trail.
However, Falinia Gestion SL shall be exempt from such liability where the circumstances arise as a result of force majeure (an external, abnormal and unforeseeable event), an event that could not reasonably have been avoided by Falinia Gestion SL, where the cause is attributable to the Customer or a third party, or where the consequences result from an event that Falinia Gestion SL could neither foresee nor overcome despite exercising all due diligence.
The Customer is required to notify Falinia Gestion SL, either on site (so that the issue may be remedied where possible) or as soon as reasonably practicable thereafter, and in writing, of any failure in the performance of the contract.
With regard to compensation for personal injury resulting from the non-performance or improper performance of the services included in the contract (access to the Barranco del Infierno Trail and, where applicable, guided visits), the applicable legislation in force shall apply. For any non-personal damages, the burden of proof shall rest with the consumer.
Under no circumstances shall Falinia Gestion SL be liable for accommodation expenses, meals, transport costs, costs arising from delays in departures or returns, or any other expenses resulting from force majeure events.
Should the Customer submit a complaint, Falinia Gestion SL shall have a period of one month from the date of receipt of the complaint to provide a response.
The Customer may also request the intervention of the competent public authorities as mediators in the dispute. Participation in mediation is voluntary for Falinia Gestion SL and each case will be assessed individually in order to determine whether the proposed mediation will be accepted.
If the dispute cannot be resolved through these channels, the consumer may pursue arbitration or judicial proceedings.
Consumers are hereby informed that Falinia Gestion SL is not a member of the Consumer Arbitration System.
10. Protection of Personal Data
Users of the services offered by Falinia Gestion SL through www.barrancodelinfierno.es voluntarily provide personal data (hereinafter referred to as “Personal Data”) and expressly, fully and unreservedly consent to Falinia Gestion SL processing such data by automated means and incorporating it into a file for the purpose of providing and offering its services. Falinia Gestion SL is responsible for this file, which is duly registered with the competent authority.
Data subjects have the right at all times to access the file and may exercise their rights of rectification, erasure and objection in accordance with the applicable data protection legislation. Likewise, the user’s consent to the processing and disclosure of their Personal Data may be revoked at any time, without retroactive effect, in accordance with the provisions of the applicable data protection regulations.
For these purposes, it shall be sufficient to contact Falinia Gestion SL by email at [email protected] or by writing to its registered office at C/ Deseada 51B, San Miguel de Abona, Santa Cruz de Tenerife.
Falinia Gestion SL guarantees that it has adopted the appropriate security measures for its facilities, systems and files. Likewise, Falinia Gestion SL guarantees the confidentiality of Personal Data, although it may disclose Personal Data and any other information in its possession, or accessible through its systems, to the competent public authorities where required in accordance with the applicable legal and regulatory provisions.
Users of www.barrancodelinfierno.es guarantee and are responsible, in all cases, for the truthfulness, accuracy, validity and authenticity of the Personal Data provided.
Furthermore, Falinia Gestion SL may collect information through devices such as cookies or log files regarding users’ navigation on www.barrancodelinfierno.es. These devices are associated exclusively with a single user and their own personal computer. In such cases, Falinia Gestion SL will use this information only in aggregate form for the purpose of improving its services.
11. Proper Use of Website Content by the Customer
Falinia Gestion SL declares that the industrial property rights (including trademarks, trade names and similar rights) appearing on this Website are its property and/or are lawfully exploited under agreements or licences for use, and are duly protected by the applicable industrial property legislation.
The User undertakes to use the Website diligently, correctly and lawfully and, in particular, agrees to refrain from:
(a) Removing, circumventing or manipulating any copyright notice, trademarks or other identifying information relating to the rights of Falinia Gestion SL or their respective owners incorporated into the content and/or products marketed through the Website, as well as any technical protection devices, digital fingerprints or other information mechanisms contained therein.
(b) Using the content, and in particular information obtained through the Website, to send advertising, communications for direct marketing purposes or any other commercial purpose, as well as unsolicited messages addressed to multiple recipients.
(c) Reproducing, copying, distributing, allowing public access through any form of public communication, transforming or modifying the content, unless authorised by the holder of the relevant rights or otherwise permitted by law.
(d) In general, using the content in a manner, for purposes or with effects contrary to the law, morality, generally accepted standards of good conduct or public order.
Falinia Gestion SL does not grant any licence or authorisation of any kind for the use of its industrial or intellectual property rights or any other property or rights related to its Website.
If any User or third party considers that any content has been introduced into the Website in violation of their intellectual property rights, they must notify Falinia Gestion SL, providing full and accurate details of their identity, the intellectual property rights allegedly infringed and the relevant Website content.
Falinia Gestion SL is under no obligation to monitor, and does not monitor in advance, the absence of viruses or other elements within the content that may cause alterations to the software or hardware of users or visitors. Consequently, it shall not be liable for any damages of any kind that may arise therefrom.
12. Severability of the General Terms and Conditions
Should any provision of these General Terms and Conditions be declared null, void or unenforceable, the remaining provisions shall remain in full force and effect as agreed.
Falinia Gestion SL undertakes to replace any invalid provision with a valid one that reflects as closely as possible the original intention of the parties.
13. Acceptance of the Rules of Use
The Customer acknowledges that the use of the services implies full and unreserved acceptance of each and every provision contained in the Rules of Use of www.barrancodelinfierno.es, in the version published by Falinia Gestion SL at the time the Customer contracts the relevant service or product.
14. Applicable Law and Jurisdiction
These General Terms and Conditions shall be governed by Spanish law.
For the resolution of any dispute that may arise regarding the validity, interpretation, performance, fulfilment or termination of these Terms and Conditions, whether in whole or in part, Falinia Gestion SL and its customers expressly submit, waiving any other jurisdiction to which they may otherwise be entitled, to the exclusive jurisdiction of the Courts and Tribunals of Santa Cruz de Tenerife.
15. Validity
These General Terms and Conditions were drafted on 27 April 2015 and shall remain in force indefinitely unless and until they are amended.
