1.- General information
In compliance with the duty of information provided for in Article 10 of Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI-CE) of 11 July, the following general information on this Website is provided below:
The ownership of this Website www.huntts.com (hereinafter “the Platform”) is held by the company Micaza Online, S.L. (hereinafter “the Company”)
Huntts is therefore owned by Micaza Online, S.L., a limited liability company established and existing under the laws of the Kingdom of Spain, with registered office at Calle Pedrezuela 9-D, Nave 46, Polígono el Ventorro del Cano, Alcorcón, 28925 Madrid, Spain, registered in the Mercantile Register of Madrid, volume 37778, folio 50, page M-672979. We also operate the website www.micazaonline.com and the mobile applications Micaza and Micaza Gestor in Spain.
2.- Terms and conditions of use
By making a booking through the Platform, you enter into a direct, legally binding contractual relationship with the outfitter with whom you make your booking. From the moment you make your booking, we act solely as an intermediary between you and the supplier, transmitting the details of your booking to the relevant supplier and sending you a confirmation email on behalf of the supplier.
3.- Accessing and browsing the platform
You agree that the Platform only contains the functionalities and other features and information that it contains at the time of use (“as is” and “as available”) and is based on information provided to us by suppliers through their access to an extranet through which they are entirely responsible for updating the information displayed on the Platform (including prices and availability). Although we verify the information posted by suppliers with the utmost diligence, reasonable care and to the best of our ability, we cannot guarantee that all information is accurate, complete or correct. Each supplier is responsible at all times for the accuracy, completeness and correctness of the information published on the Platform.
The Company has at all times, without in any way being liable to the User, the right to make technical and procedural modifications and/or improvements to the Platform.
The User acknowledges and accepts that at any time the Company may interrupt, deactivate and/or cancel any of the contents or services that are integrated in the Platform or access to them.
The Company expressly disclaims any obligation and therefore does not guarantee:
- The continuity, availability and usefulness of the Platform, nor of the content or services.
- The Platform will meet your requirements or be available on an uninterrupted, timely, secure or error-free basis.
- The content will be current, complete, accurate or applicable to your circumstances;
- The results that may be obtained from the use of the Platform will be accurate or reliable;
- The quality of any products, services, information or other material obtained by you through the Platform will meet your expectations.
4.- Conditions of use
4.1.- Use of the Platform
By using the Platform, you may view all offers posted by suppliers (“Organisers”), submit requests (“Requests”) with Organisers, make a reservation (“Booking”) for such offers and write reviews. A Booking made through the Platform constitutes a binding agreement between you and the Organiser if the Organiser accepts your Booking. However, requests are not binding. If you have any questions, complaints or comments about an Organiser, an Offer, a Booking or a Request, you may contact Huntts through the Platform.
Offers are subject to the terms and conditions of the Organiser, as well as all agreements between you and the Organiser. Huntts will never become a party to an agreement between an Organiser and you. We recommend that you carefully read the Organiser’s terms and conditions that we post on the Platform, as they may involve legal obligations and it is your responsibility to comply with such obligations.
Huntts accepts no responsibility or liability for any decisions made by you based on the content of Huntts and/or the Organisers on the Platform, unless otherwise stated in these Terms and Conditions of Use. You and the Organiser are solely responsible for the correct performance and execution of a Booking, which, for your part, includes the correct provision of the information required when making a Booking.
You are solely responsible for the content you submit, which includes the reviews you write. As you may upload content to the Platform without restriction, you warrant that this content is legal and does not infringe the intellectual property rights, privacy rights or any other rights of any party, and you hold Huntts harmless from any third-party claims in this regard. You also warrant that you do not submit content that involves illegal activities or is contrary to morality or public order, including but not limited to content related to hate speech, is intended to promote or sell drugs or firearms, is violent in any way or qualifies as or transmits unwanted or unsolicited material or content (spam). We do not guarantee that your content will be made available correctly, completely and/or continuously on the Platform.
By completing a booking, you agree to receive (i) an email that we may send you shortly before your arrival date, providing you with information about your trip or hunting event, and (ii) an email that we may send you immediately after your trip or hunting event that invites you to complete our Organiser evaluation form.
Finally, when using our Platform, you must comply with the following rules:
- not use the Platform with a device that contains viruses, Trojan horses, worms, bots or other malicious software that may alter, damage, disable, infect or delete the Platform or render it inaccessible.
- deliberately involve software, devices or other manual or automated processes to “crawl”, “scrape” or scrape any content from the Platform;
- reproduce or decompile the Platform or reverse engineer the Platform, unless permitted by mandatory law;
- remove and/or circumvent security measures or technical limitations (including limitations on use) on the Platform.
- not use the Platform for commercial purposes, therefore, you are not permitted to resell, use, copy or transmit any content or information from the available services.
4.2.- Prices and payment
Your use of the Platform is free of charge. Organisers charge their own fees for the offers; we will not charge you for our services nor will we add any additional fees to the final price offered by the Organisers.
Please note that you may owe the Organiser (part of) the fee in case you make a Booking. We have no influence, are not involved and are not responsible for your payment of Bookings.
When using the Platform, you can convert the prices of the Offers into the available currencies. These converted prices are indicative. At the time of payment, the Offer price will be converted in real time to the currency specified by the Organiser. This amount may differ from the amount shown at an earlier point in time. The price displayed after such real time conversion will be the amount due for the relevant Booking. The Platform may require payment in the User’s home currency and the foreign currency claim may be converted based on the current exchange rate at the time the contract is concluded. The Platform may charge the User an appropriate conversion fee for this.
As the Organisers are responsible for the payment terms, it cannot derive any rights from the currencies or payment methods available at any given time. Furthermore, Huntts is not responsible for and has no influence on the applicable payment terms.
Sometimes, we publish special offers with cheaper rates available on the Platform for a specific hunting trip, safari or wildlife tour, however, these offers may have special restrictions and conditions, e.g., regarding cancellation and refund. Please check the details of the tour or event offered thoroughly for such conditions before making your booking. All special offers are marked as such.
If available, certain Organisers offer the opportunity for bookings to be paid (in full or in part and as required by the supplier’s payment policy) to the Organiser during the booking process via a secure online payment, to the extent offered and supported by your credit card or bank. Payment is processed securely from your credit card or bank account to the supplier’s bank account via an external payment processor integrated with the Platform.
For certain tours or special offers, please note that your credit card may be pre-authorised or charged (sometimes without any refund option) upon booking and booking confirmation. Please check the hunting tour booking details carefully for these conditions before making your booking.
In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies assume the risk and cover all charges resulting from such fraud or misuse, which may sometimes be subject to a deductible, generally set at EUR 50 (or the equivalent in your local currency). In the event that your credit card company or bank charges you a deductible due to unauthorised transactions resulting from a booking made on the Platform, we will pay you this deductible, up to a total amount of EUR 50 (or the equivalent in your local currency). In order to be compensated, please ensure that you report this fraud to your credit card provider and contact us immediately by email at the following address: firstname.lastname@example.org
Please indicate “credit card fraud” in the subject line of your email and provide evidence of the deductible charged (e.g., credit card company policy). This indemnity only applies to credit card bookings made using Huntts’s secure server and unauthorised use of your credit card as a result of our default or negligence and through no fault of yours while using the secure server.
By making a booking with an Organiser, you accept and agree to the relevant cancellation and no-show policy of that Organiser, and to any additional (delivery) terms and conditions of the Organiser that may apply to your booking or during your trip, tour or event. Including for services provided and/or products offered by the supplier (the terms and conditions of delivery of a supplier can be obtained from the supplier itself). The general cancellation and no-show policy of each Organiser is available on our website on the offer’s information pages, during the booking procedure and in the confirmation email.
Please note that certain offers or special offers are not eligible for cancellation or change. Please check the offer details thoroughly for such conditions before making your booking. Please note that a booking requiring down payment (in full or in part) or prepayment may be cancelled (without prior notice of default or warning) to the extent that the relevant amount(s) cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the Organiser and the booking.
Late payment, incorrect bank, credit card details, invalid credit cards or insufficient funds are at your own risk and you will not be entitled to any refund of any prepaid (non-refundable) amount unless the Organiser agrees or allows otherwise under its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your booking, please retrieve the confirmation email and follow the instructions contained therein. Please note that you may be charged for your cancellation in accordance with the supplier’s cancellation, (pre)payment and no-show policy or not be entitled to any refund of any amount (pre)paid. We recommend that you read the Organiser’s cancellation, (pre)payment and no-show policy carefully before making your booking and remember to make any additional payments on time as required for the relevant booking.
4.3.- Intellectual Property Rights
By uploading reviews and other content, you grant the Company a royalty-free, worldwide, non-exclusive, transferable right to reproduce this content and make it available on the Platform, including the right to use this content, for promotional purposes, newsletters, social media for our brands and other services related to the Platform. We reserve the right to adjust, reject or remove reviews at our sole discretion.
You are responsible for indemnifying the Company against any and all claims by third parties based on any alleged infringement of such third-party rights in connection with the content you submit.
In order to submit an application or make a Booking, you may be asked to provide personal data to an Organiser. The Organiser is responsible for the processing of such data and will do so in accordance with its own privacy statement. We shall not be liable for any damage suffered by you due to the processing of your personal data by an Organiser.
4.5.- Disclaimer of Liability
To the fullest extent permitted by law, the Company and our Huntts brand (together with our directors, employees, representatives, affiliates, partners and suppliers) will not be liable for:
- any damage to or viruses that may infect your computer equipment or other property on account of your access to our website, your downloading of any content from our website;
- any punitive, special, indirect or consequential loss or damage, any loss of production, loss of profits, loss of contract, loss of or damage to goodwill or reputation, loss of claim;
- any inaccuracies relating to the information (including rates, availability and ratings) of the trips, tours or hunting events available on our website;
- the services provided or products offered by the Organiser or other business partners;
any damages, losses or costs (direct, indirect, consequential or punitive) suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of your website;
- any (personal) injury, death, property damage or other damages (direct, indirect, special, consequential or punitive), losses or costs suffered, incurred or paid by you, whether due to legal acts, errors, mistakes, breaches, gross negligence, wilful misconduct, omissions, default, misrepresentations, tort or strict liability for or (in whole or in part) attributable to the trips, tours and hunting events.
Regardless of the method of payment you use, you agree and acknowledge that the Organiser is at all times responsible for the collection, withholding, remittance and payment of any applicable taxes due on the full amount of the hunting trip price to the relevant tax authorities. The Company and our Huntts brand are not responsible for the remittance, collection, withholding or payment of any applicable taxes due on the hunting trip price to the relevant tax authorities.
In the event that you have made a Booking or booked an Offer with the Organiser directly, while you initiated contact with the Organiser via our Platform and did not inform us immediately, in all cases within five (5) days and in no case later than the date of arrival: about such act outside our Platform, the Company will no longer accept any liability in respect of the Platform or any services provided in connection with the Platform.
4.6.- Warranties and Indemnities
Except as expressly stated in these Terms and Conditions of Use, Huntts makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to warranties of merchantability, quality, security, completeness or accuracy of information published by suppliers.
The conclusion and execution of the Bookings, including any payment obligations resulting therefrom, as well as the cancellation of the Bookings, is the sole responsibility of you and the Organiser. You do not hold Huntts liable for all claims made by an Organiser or a third party that relate to Bookings made by you with that specific Organiser, as well as the payment of such Bookings. However, Huntts will assist you to the best of its ability in the event of any problems arising between you and an Organiser in resolving such problems.
Notwithstanding the foregoing, Huntts warrants that you will obtain a refund of what you have paid when you cancel your Booking in accordance with the Organiser’s terms and conditions regarding cancellation, and You warrant that you will not use the Platform in a way that:
infringes the rights of Huntts or any third party, such as other users or Organisers, including but not limited to intellectual property rights or rights in relation to the protection of privacy;
is contrary to any applicable law or regulation; or is contrary to any provision of these Terms and Conditions of Use.
4.7.- Unlawful content
- The Company is not responsible for any content available on the Platform. The Company shall only be obliged, under the conditions set out in this article, to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behaviour after receiving a sufficiently precise and duly substantiated notification.
- The Company has established a procedure whereby Huntts can be informed of any suspected illegal content available on the Platform. This can be done by flagging the specific content as illegal, and sending an email notification to email@example.com.
- The Company reserves the right not to grant a request to remove or block access to the reported content in the event that it has reasonable grounds to doubt the accuracy of the notification or after evaluating the reported information.
- The Company shall not be a party to a dispute between the person making the report and any third party arising out of or in connection with a report of illegal content.
- The person who has reported illegal content shall indemnify the Company against all claims by third parties in connection with the blocking or removal of content. The indemnification includes all damages and costs suffered, likely to be suffered or incurred by the Company in connection with such a claim, including but not limited to compensation for legal assistance.
- The Company respects and protects the privacy of those who report (alleged) illegal content. Any personal data that Huntts receives as part of a report will always be processed in accordance with applicable privacy legislation and will only be used to process the report.
4.8.- Jurisdiction and Applicable Law
These Terms and Conditions of Use are governed by Spanish law.
The Company may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify them. The Organiser is not authorised to transfer any rights arising from an Account to any third party without the prior written consent of the Company.
If at any time any provision of these Terms and Conditions is or becomes illegal, void or invalid for any reason, such invalidity shall not affect the validity of the remainder of these Terms and Conditions and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have effect as nearly as possible to that of the replaced provision.
Any and all disputes arising out of or relating to any agreement between the Parties (the Company and the Platform Users) shall be expressly submitted to the jurisdiction of the competent Courts and Tribunals of Madrid, expressly waiving any other jurisdiction to which they may be entitled.