Terms and Conditions
GATHERED
On the one hand, the person contracting the service (hereinafter THE LESSEE).
On the other hand, Mr. RUBÉN CUESTA VALPARÍS, of legal age, with NIF 10.878.875-J, Spanish nationality, resident of Bobia de Arriba (Asturias) with address at La Terraza de Onís s/n, telephone number 625076789 and email address info@picosoutdoor.com, with the commercial name Picos Outdoor (hereinafter THE LESSOR).
By accepting these Terms and Conditions, THE LESSEE expresses the need to hire the professional services of a mid-mountain sports technician, and therefore both parties enter into this contract for the leasing of services and
EXPOSE
That all parties recognize the sufficient legal capacity to enter into this contract and agree to accept it as a signature, which must be governed by the following:
TERMS AND CONDITIONS
FIRST – OBJECT
The contract is executed under a service leasing arrangement, strictly adhering to the civil law rules governing such contracts.
The purpose of the contract is to provide a mountain guide for one person, starting and ending on the dates offered by Picos Outdoor and chosen by the lessee. However, the contract may be extended once executed, if both parties agree, under the conditions established in the extension, which may vary from these. In this case, the agreed modifications will be noted in the extension. The activity to be carried out will be the one selected by the lessee.
The activity to be carried out takes place in a natural environment, not controlled by humans, and involves risks that cannot be completely controlled by the Mountain Guide leading the activity, nor by the LESSOR. Therefore, the client and their group agree to listen to and follow the Guide's instructions carefully, as well as to handle the specific equipment and perform the relevant maneuvers according to their instructions, especially regarding safety. Otherwise, the Guide may cancel the activity without the right to a refund of the amount paid by the client.
SECOND – EXECUTION OF THE CONTRACT
The LESSOR will carry out the guide services to the best of his knowledge and understanding, his knowledge of the subject matter, his qualities and expertise.
However, the LESSOR has the training and qualifications required to provide the contracted service, as provided for in article 8 of the Active Tourism Decree 111/2014, of November 26, of the Government of the Principality of Asturias, which approves the Regulations for Active Tourism companies, holding the title of Medium Mountain Sports Technician and AEGM and UIMLA accreditations, as well as the operating authorization as an Active Tourism Company (PICOS OUTDOOR) and the relevant registration in the Active Tourism Company Registry with the number TA-245-AS.
The provision of services may be subcontracted to third parties, in whole or in part, provided that the professionals to whom the service is subcontracted have the training and qualifications required by Active Tourism Decree 111/2014, of November 26, of the Government of the Principality of Asturias.
The activity will be led by a qualified guide and will be carried out within the limits of their professional competence. The guide directs the activity and must abide by their decisions at all times during the activity.
The LESSOR has informed THE LESSEE and his/her group about the activity to be carried out, its location, the travel required to get there, and its specific characteristics, as well as the prerequisites that THE LESSEE and his/her group require in order to participate. Therefore, the participant(s) must be sufficiently prepared and physically fit to participate. Likewise, they must be in good mental condition to maintain attention, composure, and communication skills in situations where they may be exposed to high altitudes, voids, inclement weather, animals, etc.
THIRD – DEVELOPMENT OF THE CONTRACT
3.1.- Communication of the Guidance.
When communicating the need for services, THE LESSEE must necessarily inform his/her clients of:
Hired guidance, Time of the activity, Meeting point with clients, Client information (Number of clients, Nationality of clients, First and last names of clients, Age of clients, National ID number of clients, Telephone numbers of clients and a contact person for them). Whether or not the tenant's equipment is needed to equip clients and, if so, specific details of what equipment. Price of the service
As a participant in the activity, THE LESSEE has informed THE LESSOR that neither he/she nor his/her group suffer from any illness or injury that could affect the performance of the activity.
THE LESSEE undertakes to inform the LESSOR that neither he/she nor the clients hired by him/her suffer from any illness or injury that could affect the performance of the activity, as well as from disabling conditions such as cardiovascular diseases, paraplegia, nervous or psychological problems, pregnancy, etc.
3.2.- Insurance.
The LESSOR maintains Civil Liability Insurance and Accident Insurance, which adequately guarantee participants the necessary coverage against possible accidents during the contracted activity. Complete information on the terms and coverage of these insurance policies is available to clients.
3.3.- Material and equipment.
The LESSOR undertakes to use his/her own equipment to equip himself/herself, taking into account the requirements of the activity, as well as to make available to THE LESSEE the necessary equipment to equip THE LESSEE, provided that the latter requests it in the Guiding Communication and with a maximum of complete equipment. The price of each piece of equipment that the LESSOR makes available to THE LESSEE will be agreed upon in an additional contract to this one.
The Lessee and his/her group declare that they have the necessary and appropriate material for the contracted activity, of which they have been informed by the Lessee. The Lessor undertakes to carry the necessary safety equipment and/or deliver the technical equipment required for the activity. The equipment is in good condition and within its useful life. The Lessee undertakes to return the equipment provided by the organization in the same condition as it was provided, or to pay its value in the event of loss or damage.
3.4.- Technical direction of the Guidance.
Once the LESSEE has been notified of the contracted Guide, he/she will be the one who makes the pertinent decisions regarding any circumstance that may affect the safety of the activity (physical condition of the participants, participants' own material, their nutrition, changes or suspension of the activity due to weather conditions, etc.). When the contracted activity takes place in a natural environment, it will be subject to the weather conditions of each day, so the activity may be altered and modified with respect to its original planning, for meteorological reasons or force majeure, in order to guarantee the safety of the participants and according to the sound judgment of the Guide. Picos Outdoor therefore reserves the right to modify the activity program in whole or in part, if it is for reasons beyond its control (adverse weather, emergency situations, weather alerts, injuries to participants or Guides, or other force majeure), and may charge the price of the activity without the right to a refund.
3.5.- Basic rules of behavior.
Many of the activities organized by Picos Outdoor take place in Protected Natural Areas, generally in the mountains. These are sensitive areas requiring special protection for vegetation, wildlife, inhabitants, rivers, geology, buildings, etc. Therefore, participants agree to minimize the impact their actions may have on the environment by observing and complying with the signs and regulations of the National Park and the Guide to respect the environment. This entails careful and respectful environmental behavior. The environment must be left as good as, or even better than, it was found. Absolutely nothing should be littered; generated waste (even organic waste) should be taken back to the environment and disposed of in appropriate containers. Our droppings should be burying or carrying with us; we should use existing paths or trails; we should not raise our voices, harm plants or animals, or light fires; we should optimize the number of vehicles to reach the area where the activity will take place, etc. Smokers must carry a portable ashtray to avoid throwing cigarette butts.
Clothing with political, religious, xenophobic, exclusionary, offensive, violent, or other motifs and/or messages is prohibited, and sports club attire and flags are not permitted. The consumption of alcoholic beverages and narcotics, both legal and illegal, is prohibited from the beginning to the end of daily activities. Once the daily activity is over, everyone can do whatever they see fit, always respecting others.
The LESSOR is not responsible for any behavior of the participants in the activity. They will, at all times, be responsible for their actions and any consequences that may arise.
Failure to comply with these rules may result in expulsion from the activity and reporting to the relevant authorities, without the right to a refund of the activity fee.
3.6.- Commercial relationship with clients.
It will be THE LESSEE who will attract his/her clients, as well as the sale of the activity, and will therefore be the one who will enter into the Activity Contract with them, which must comply with the Active Tourism Decree 111/2014, of November 26, of the Government of the Principality of Asturias, which approves the Regulations for Active Tourism companies and will ensure that his/her clients give well-informed consent regarding the characteristics of the contracted activity.
3.7.-Image rights.
The videos and images taken during the activity are the property of the Landlord, who grants the Lessee and his/her group the right to use said images indefinitely on any digital and/or physical medium, always for commercial or informational purposes regarding the activity carried out. Therefore, the Lessor and the Lessee may use said images. The Lessor uses said images solely to publicize its activity, and they may be published on its website, social media, newspapers, magazines, posters, or advertising brochures at the local, regional, provincial, regional, national, or international level. If the Lessee and his/her group use them in any media, they undertake to indicate that the activity was carried out under the Lessor's direction.
In the activity contract signed with the clients, the Lessee undertakes to inform and request the appropriate authorization from the clients. If the Lessor uses these terms in any media, he or she undertakes to indicate that the activity was carried out on behalf of the Lessee for his or her clients.
3.8.- Right of admission.
Picos Outdoor reserves the right to refuse admission to all organized activities.
3.9.- Minors.
Minors must have authorization or be accompanied by a responsible adult guardian.
3.10.- Complaints form.
There is a Complaints Form available to the customer.
FOURTH – PRICE, BILLING METHOD, PAYMENT AND CANCELLATIONS.
Both parties agree to set the price of the contracted products at the price listed on the payment platform linked to the Picos Outdoor website. Prices are per person and include direct services offered by Picos Outdoor, including VAT, for the indicated group. Picos Outdoor reserves the right to add participants to the group up to the maximum number it deems appropriate, unless the activity has been booked exclusively.
Payment of the contract price will be made in two installments. The first payment will be made through the payment platform linked to the Picos Outdoor website, through the company We Travel.A second and final payment, with the remainder of the agreed price, will be delivered in cash on the start date of the activity.
In the event that the activity is cancelled due to weather or force majeure, the service fee will not be charged. In the event that the activity is cancelled due to negligence on the part of the Lessee during the activity sales process, the Lessor will charge 100% of the agreed price. In the event that the Lessor has to spend the night in a location outside the program or has to repeat the activity due to force majeure or inclement weather, the Lessor will not be responsible for any costs. Under no circumstances will the deposit paid at the accommodations and/or means of transportation be refunded. Cancellations made 60 days prior to the activity start date result in a 90% refund of the total amount. Cancellations made 60 to 30 days prior to the activity start date result in a 50% refund of the total amount. Cancellations made less than 30 days prior to the activity start date result in no refund. You will be required to pay these amounts if they have not been paid. Once the activity is abandoned for any reason, this contract is cancelled, with no right to any contracted service or refund of any kind.
FIFTH – TAX TREATMENT.
Notwithstanding the foregoing, invoices issued will be subject to the relevant personal income tax and VAT regulations and regimes.
SIXTH – TERMINATION OF THE CONTRACT.
This lease of services, unless the client abandons the activity, will end on the date of fulfillment of the services that THE LESSEE and his/her group have commissioned from the LESSOR, as stated in the purchase made.
SEVENTH – CONFLICT RESOLUTION.
Any dispute arising from these Terms and Conditions shall be definitively resolved by arbitration administered by the Spanish Court of Arbitration, in accordance with its Rules and Statute, which is responsible for the administration of the arbitration and the appointment of the arbitrator(s).
EIGHTH – CONFORMITY AND ACCEPTANCE.
Upon confirmation of the reservation, the client expressly agrees to all of these Terms and Conditions. In accordance with the content agreed herein, the parties express their agreement by accepting all of these Terms and Conditions.
Terms and Conditions last updated on June 25, 2025
