Terms and conditions

🏔️ ANDALUSIA TOURISM REGISTRY

RTA No.: AT/MA/00378

Authorized Tourism Operator · Self-Employed Worker

TERMS AND CONDITIONS OF CONTRACTING

INTERMEDIATION SERVICES IN ACTIVE TOURISM AND MOUNTAINEERING

Platform Operator: José Antonio Martínez (Sendalpina)
Address: Calle Perchel, Urb. Mirador de Capileira, 19, Bq 3. 5-A, 18413 Capileira, Granada, Spain
Last Updated: November 23, 2025

1SERVICE PROVIDER IDENTIFICATION

1.1. Platform Operator Data

Full Name: José Antonio Martínez
ID Document: DNI 74852528V
Complete Address: Calle Perchel, Urb. Mirador de Capileira, 19, Bq 3. 5-A, 18413 Capileira, Granada, Spain
Tourism Registry No.: RTA AT/MA/00378
Activity: Self-employed worker dedicated to intermediation in mountain tourism services
Trade Name: Sendalpina

1.2. Scope of Operation

Sendalpina operates exclusively as a intermediation platform and customer acquisition service for mountain guide services. It does not constitute an active tourism company nor does it directly provide guiding, accompaniment, or mountain instruction services.

Legal Basis: Law 7/1998, of April 13, on General Contracting Conditions; Decree 20/2002, of January 29, on Rural Tourism and Active Tourism in Andalusia

2LEGAL NATURE OF THE SERVICE

2.1. Definition of Service Provided by Sendalpina

The service contracted through Sendalpina consists exclusively of:

Intermediation: Management of contact between clients interested in mountain activities and qualified, independent mountain guides
Advisory: Recommendation of guides whose technical profile adapts to the client's needs, level, and preferences
Facilitation: Direct contact between the client and the selected guide

⚠️ FUNDAMENTAL WARNING: Sendalpina is NOT an active tourism company, does NOT employ guides, does NOT directly organize mountain activities, and does NOT assume any responsibility for the execution of guiding services.

The client expressly acknowledges that:

Mountain guides are independent self-employed workers or self-employed professionals
There is no employment, commercial partnership, or agency relationship between Sendalpina and the guides
Sendalpina does not intervene in the technical planning, execution, or supervision of mountain activities

Legal Basis: Articles 1258 and 1261 of the Civil Code; jurisprudence on civil liability in mountain activities - STS 284/2016

3OBJECT AND DESCRIPTION OF THE SERVICE

3.1. Intermediation Process

The client contacts Sendalpina expressing their needs (type of activity, level, dates, number of participants)
Sendalpina identifies available mountain guides whose technical profile matches the request
Sendalpina facilitates direct contact between client and guide (phone, email, or meeting)
From this moment on, the contractual relationship is direct between the client and the mountain guide, without Sendalpina's intervention

3.2. Nature of Risk in Mountain Activities

The client is informed that mountain activities contracted with the independent guide involve inherent and unavoidable risks:

Objective dangers of the natural environment (rockfalls, avalanches, landslides, wildlife)
Variable and unpredictable weather conditions
Risks derived from physical exertion at altitude
Possibility of injuries of various severity, including risk of death

3.3. Distinction of Responsibilities

Aspect	Sendalpina's Responsibility	Independent Guide's Responsibility
Activity execution	NONE	TOTAL
Technical safety in the mountains	NONE	TOTAL
Public Liability Insurance	NONE	Mandatory contracting by the guide
Accident Insurance	NONE	Mandatory contracting by the guide
Technical equipment	NONE	Provision and inspection by the guide
Invoicing and taxation	NONE	Management by the guide
Emergency plan	NONE	Preparation and execution by the guide
Risk information	General (intermediation)	Specific technical (execution)

Legal Basis: Doctrine of assumption of risk in sports activities - STS October 22, 1992; theory of the guide's "guarantor position"

4CONTRACTING CONDITIONS

4.1. Reservation Process

The client requests information from Sendalpina
Sendalpina presents available guide options with their rates and conditions
The client confirms interest in a specific guide
Payment is made directly to the mountain guide, or through Sendalpina as a mere payment intermediary if so agreed
Sendalpina may retain a commission for the intermediation service, previously informed to the client

4.2. Required Documentation

Before the activity, the client must provide the guide (not Sendalpina) with:

Valid identification document (DNI/NIE/Passport)
Health Declaration Form (model in Annex I)
Authorization for minors if applicable (Annex II)
Proof of accident insurance (own or contracted with the guide)

4.3. Information Transparency

In accordance with Article 5 of Law 7/1998, on General Contracting Conditions, Sendalpina guarantees:

Clear and prior information about the nature of intermediation
Complete contact details of the assigned guide
Difficulty level of the requested activity
Economic and cancellation conditions of the specific guide

5CANCELLATION AND MODIFICATION POLICY

5.1. Exception to the Right of Withdrawal

According to Article 103.l) of Royal Legislative Decree 1/2007, approving the consolidated text of the General Law for the Defense of Consumers and Users, there is no right of withdrawal within 14 natural days in contracts for services related to leisure activities that provide for a specific date or period of execution.

Legal Basis: TRLGDCU, art. 103.1.a); Directive (EU) 2015/2302

5.2. Cancellation Policy by the Client

🚫 NO REFUND POLICY FOR LAST-MINUTE CANCELLATIONS:

If the client cancels the reservation with less than 24 hours notice before the start of the activity, NO REFUND OF ANY AMOUNT PAID WILL BE MADE. The total amount will be retained by the mountain guide (or by Sendalpina if they managed the payment) as compensation for the exclusive reservation of the professional, logistical costs already incurred, and loss of business opportunity.

Penalty scale (unless the guide specifies other conditions):

Cancellation Notice	Penalty
More than 15 days before	100% refund (minus management fees: €25)
Between 7 and 15 days before	70% refund of total amount
Between 48 hours and 7 days before	50% refund of total amount
Less than 24 hours before	NO REFUND. 100% amount retained

Practical example: If an activity is scheduled for Saturday at 08:00 and the client cancels on Friday at 10:00 (22 hours before), they will lose the entire amount paid, with no possibility of refund, voucher, or compensation.

5.3. Cancellation by the Guide

The independent mountain guide may cancel the activity due to:

Adverse weather conditions that compromise safety (AEMET red/orange alerts)
Illness or accident of the guide themselves
Client's failure to meet technical or medical requirements
Force majeure

In these cases, the client will be entitled to:

Rescheduling of the activity on an alternative date
Full refund of amounts paid (managed directly with the guide)

Sendalpina assumes no responsibility in case of cancellation by the guide, acting only as a facilitator of communication between the parties.

Legal Basis: Art. 1105 Civil Code; jurisprudence on unforeseeability and force majeure

6LEGAL RELATIONSHIP WITH MOUNTAIN GUIDES

6.1. Professional Independence of Guides

The mountain guides contacted through Sendalpina are independent professionals who comply with:

Official enabling qualification (Sports Technician in Mountaineering, High Mountain Guide according to RD 952/2013, or equivalent)
Registration as self-employed workers or individual entrepreneurs
Specific Public Liability Insurance for mountain activities (minimum €600,000, in accordance with Decree 20/2002 on Rural Tourism and Active Tourism in Andalusia)
Accident insurance for participants (own or managed through the guide)

6.2. Verification of Requirements

Sendalpina carries out prior documentary verification of:

Valid enabling qualification
Valid Public Liability Insurance policy
Registration in the corresponding Professional College or administrative registry

However, Sendalpina does not guarantee the correct execution of the service nor is it responsible for the guide's actions, limiting itself to verifying the existence of documentation at the time of incorporation into the platform.

6.3. Direct Contract Client-Guide

Once contact is established, a direct contractual relationship is created between:

Provider: The independent mountain guide (self-employed professional)
Client: The end user of guiding services

Sendalpina is expressly excluded from this contractual relationship, not assuming obligations of execution, result, or safety.

7CLIENT OBLIGATIONS

7.1. Physical and Medical Condition

The client declares under their responsibility:

To enjoy good physical and mental health compatible with the activity contracted with the guide
Not to suffer from cardiovascular, respiratory, neurological, or musculoskeletal diseases that contraindicate exertion at altitude
Not to be under the effects of medication that alters judgment capacity
Not to have consumed alcohol or drugs

7.2. Compliance with Instructions

The client undertakes to:

Obey the guide's instructions at all times, who has absolute technical and safety authority during the activity
Not leave the group without express authorization
Maintain prudent and respectful behavior

7.3. Mandatory Equipment

The client must attend with the material specified by the guide (see Checklist in Annex III). The lack of basic safety equipment (especially mountain footwear) may result in denial of participation by the guide, with no right to refund.

7.4. Accident Insurance

It is the client's obligation to contract and accredit to the guide a mountain accident insurance covering rescue, medical assistance, and repatriation. The guide may offer the contracting of such insurance as an additional service.

8LIMITATION OF LIABILITY AND EXonerATION

8.1. Express Exoneration of Liability

FUNDAMENTAL EXONERATION CLAUSE:

The client EXPRESSLY ACKNOWLEDGES AND ACCEPTS that José Antonio Martínez (Sendalpina) acts solely as an intermediary in the contracting of mountain guide services, NOT ASSUMING CIVIL, ECONOMIC, ADMINISTRATIVE, OR CRIMINAL LIABILITY for damages and losses that may arise from the execution of mountain activities contracted with independent guides.

8.2. Scope of Exoneration

Sendalpina is specifically exempt from liability for:

Personal injury: Injuries, disabilities, or death occurring during the mountain activity
Material damage: Loss, theft, or deterioration of the client's personal belongings
Contractual breach: By the guide (cancellations, modifications, non-provision of service)
Professional negligence: Technical errors, malpractice, or recklessness by the guide during the activity
Fiscal liability: Tax breaches by the guide (invoicing, VAT, personal income tax)
Administrative liability: Infractions in tourism, environmental, or occupational safety matters

8.3. Assumption of Risk by the Client

The client voluntarily assumes the risks inherent to the practice of mountain activities, including:

Normal risks of the sport (accidental falls, sporting mishaps)
Risks derived from adverse weather conditions
Risks of the uncontrolled natural terrain

Legal Basis: Theory of assumption of risk - STS October 22, 1992; STS 284/2016

8.4. Limits of Exoneration

This exoneration WILL NOT be applicable in case of:

Willful misconduct or gross negligence by Sendalpina in the intermediation process (e.g., facilitating contact with guides without known enabling qualification)
Breach of the duty to inform about the nature of intermediation

Legal Basis: Art. 82 et seq. TRLGDCU on abusive clauses; jurisprudence on limits of liability exoneration

8.5. Indemnity

The client undertakes to hold José Antonio Martínez (Sendalpina) harmless from any claim, lawsuit, judicial or extrajudicial expense derived from:

Their own negligence or failure to follow instructions
Actions of the contracted mountain guide
Damages caused to third parties during the activity

9INSURANCE

9.1. Public Liability

Sendalpina: Does not maintain Public Liability Insurance for mountain activities, as it is not a provider of such services. Its intermediation activity is covered by general professional liability insurance (details available upon request).
Mountain Guides: Each independent guide is obliged to maintain specific PL insurance for mountain activities (minimum €600,000, according to Decree 20/2002 of Andalusia). The client may request the guide to accredit such coverage before the activity.

9.2. Accident Insurance

Client's obligation: Contract mountain accident insurance covering rescue, medical assistance, and repatriation.
Option through the guide: The guide may offer the contracting of group insurance. Sendalpina does not intervene in this contracting.
Verification: It is the client's responsibility to verify the coverage and conditions of the insurance contracted with the guide.

9.3. Recommendation of Cancellation Insurance

It is recommended to contract travel cancellation insurance covering justified causes (illness, accident) to avoid the application of cancellation penalties.

10DATA PROTECTION

10.1. Data Controller

Identity: José Antonio Martínez (Sendalpina)
DNI: 74852528V
Address: Calle Perchel, Urb. Mirador de Capileira, 19, Bq 3. 5-A, 18413 Capileira, Granada
Contact: info@sendalpina.com

10.2. Purpose of Processing

Personal data is processed for:

Intermediation: Management of contact between client and guides (legal basis: contract execution, art. 6.1.b GDPR)
Communication: Sending information about available services (legal basis: consent, art. 6.1.a GDPR)
Transfer to guides: Facilitation of contact data to the assigned guide (legal basis: contract execution)

10.3. Transfers

Data will only be transferred to the selected mountain guide for the provision of the contracted service. No commercial transfers are made to third parties.

10.4. ARCO+ Rights

The client may exercise rights of access, rectification, erasure, objection, portability, and limitation by written request to the indicated email, attaching a copy of their ID.

Legal Basis: Regulation (EU) 2016/679; Organic Law 3/2018, of December 5, LOPDGDD

11INTELLECTUAL PROPERTY

11.1. Sendalpina Content

All website content (texts, photographs, logos, described routes) is the property of José Antonio Martínez. Reproduction without express authorization is prohibited.

11.2. Image Rights

Sendalpina may take photographs during the intermediation process (not during the mountain activity, which is the guide's responsibility). The client authorizes their promotional use unless expressly stated otherwise.

12APPLICABLE LAW AND JURISDICTION

12.1. Applicable Law

This contract is governed by Spanish law, specifically:

Law 7/1998, of April 13, on General Contracting Conditions
Royal Legislative Decree 1/2007, of November 16, TRLGDCU
Decree 20/2002, of January 29, on Rural Tourism and Active Tourism (Andalusia)
Civil Code

12.2. Jurisdiction

In accordance with Article 90 of the TRLGDCU, for the resolution of disputes arising from intermediation:

Jurisdiction: Courts and Tribunals of the consumer's domicile (Granada, by domicile of the provider Sendalpina, if the client resides outside Spain)
Alternative: Consumer Arbitration of the Autonomous Community of Andalusia (fast and free route)

12.3. Extrajudicial Resolution

EU ODR Platform: http://ec.europa.eu/consumers/odr/

13PARTIAL NULLITY

If any clause of these Terms and Conditions is declared null or unenforceable by final judicial resolution, such nullity shall not affect the validity of the remaining clauses, which shall remain in force.

🏔️ HEALTH DECLARATION FORM

Mandatory document for mountain activities | Sendalpina - RTA AT/MA/00378

Important: This document is mandatory to ensure the guide is aware of the group's limitations and can act in case of medical emergency. The information provided is protected under GDPR (Regulation EU 2016/679) and will be used exclusively for safety and emergency purposes.

Full Name:

ID Number (DNI/NIE/Passport):

Date of Birth:

Activity Name:

Activity Date:

Difficulty Level:

Assigned Guide:

DECLARATIONS

I, the undersigned, declare under my full responsibility before the mountain guide and Sendalpina:

That I have been informed of the technical and physical difficulty of the route/activity and I consider myself physically and mentally fit to perform it, having the necessary physical condition and technical level required.

That I do not suffer from any chronic diseases incompatible with physical exertion at altitude, specifically: cardiovascular diseases (angina, arrhythmia, hypertension, heart disease), chronic respiratory diseases (severe asthma, COPD), chronic joint or musculoskeletal diseases that prevent walking on uneven terrain, uncontrolled diabetes, epilepsy, or any other condition that could endanger my safety or that of the group.

That I inform of the following allergies, medical conditions, or chronic medication (if none, write "None"):

That for technical activities (via ferrata, climbing, canyoning, caving), I declare not having phobias (vertigo, claustrophobia, fear of heights) that could put my integrity or that of the group at risk.

That I am not under the influence of alcohol, drugs, or medication that affects my judgment, coordination, or physical capacity at the time of the activity.

I EXPLICITLY AUTHORIZE the processing of my health data (allergies, medical conditions, medication) provided in this form for the sole purposes of: (a) safety management during the activity, (b) medical assistance in case of emergency, and (c) sharing with emergency medical services if necessary. I understand this processing is based on Article 9.2.a) of GDPR (explicit consent) and Article 9.2.d) (protection of vital interests).

I ACKNOWLEDGE AND ASSUME the risks inherent to mountain activities, including falls, landslides, adverse weather, altitude sickness, and other dangers typical of the natural environment, exonerating Sendalpina (José Antonio Martínez, NIF 74852528V) and the assigned guide from liability for damages derived from my pre-existing health conditions not declared herein.

Client Signature
(Parent/Guardian if minor)

Date: ____ / ____ / 20____

Legal basis: Article 5 Law 7/1998 on General Contracting Conditions; Articles 9 and 6 GDPR (Regulation EU 2016/679); Organic Law 3/2018 on Personal Data Protection (LOPDGDD); jurisprudence on assumption of risk in mountain activities (STS 284/2016). Data retention: This document will be kept for 5 years in accordance with prescription periods and insurance requirements. The client may exercise rights of access, rectification, erasure, objection, portability, and limitation by contacting dpo@sendalpina.com.

🏔️ AUTHORIZATION FOR MINORS

Mandatory document for participants under 18 years | Sendalpina - RTA AT/MA/00378

⚠️ MANDATORY DOCUMENT: This authorization is required even if the minor is accompanied by their parents during the activity. The minor CANNOT participate without this signed document.

1. MINOR'S DATA

Full Name of Minor:

Date of Birth:

ID Number (if applicable):

Age at activity date:

2. PARENT/GUARDIAN DATA

Full Name of Parent/Guardian:

Relationship to Minor:

ID Number:

Phone (during activity):

Email:

3. ACTIVITY DATA

Activity Name:

Activity Date:

Assigned Mountain Guide:

4. AUTHORIZATIONS AND DECLARATIONS

I, the undersigned, in my capacity as parent/legal guardian of the above-mentioned minor, hereby:

AUTHORIZE my minor child to participate in the mountain activity described above, organized and conducted by the assigned mountain guide, with whom a direct contractual relationship is established.

ACKNOWLEDGE that I have been informed of the inherent risks of the activity, including but not limited to: falls, landslides, adverse weather, physical exertion, and other dangers typical of the mountain environment, and that I consider my child physically and mentally capable of participating.

ACCEPT that during the activity, the minor will be under the technical direction and authority of the mountain guide regarding safety, route progression, and decision-making in the field. I understand that the guide has the authority to suspend or modify the activity for safety reasons.

ASSUME RESPONSIBILITY for my minor child's behavior that is unrelated to technical progression, including: disobedience of safety instructions, abandonment of the group, reckless behavior, or any action that endangers their own safety or that of others due to non-compliance with the guide's instructions.

DECLARE that the minor does not suffer from any medical condition that contraindicates participation in the activity (cardiovascular, respiratory, severe allergies, epilepsy, etc.), or if they do, I have declared it in the Health Declaration Form and informed the guide.

I EXPLICITLY AUTHORIZE the mountain guide and, if necessary, emergency medical services to provide urgent medical assistance to my child, including surgical intervention if deemed necessary to protect life or physical integrity. I understand that every effort will be made to contact me immediately, but time-critical decisions may be made by the guide or medical personnel in the field.

I EXONERATE FROM LIABILITY Sendalpina (José Antonio Martínez, NIF 74852528V) from any civil, criminal, or administrative responsibility for incidents occurring during the activity, understanding that Sendalpina acts solely as an intermediation platform and that the direct contractual relationship and responsibility for execution lies exclusively with the assigned mountain guide.

I AUTHORIZE the capture and use of images (photographs/videos) of my child during the activity for promotional purposes by Sendalpina and the guide, unless I explicitly indicate otherwise below:

I DO NOT AUTHORIZE the use of my child's image (mark only if you refuse)

🚨 EMERGENCY CONTACT (if parent/guardian unavailable):

Name:

Phone:

Relationship:

Signature of Parent/Legal Guardian
(Mandatory)

Date: ____ / ____ / 20____

Legal basis: Civil Code (Articles 154 ff. on parental authority); Law 7/1998 on General Contracting Conditions; GDPR (Regulation EU 2016/679) regarding data of minors; Organic Law 3/2018 on Personal Data Protection; jurisprudence on assumption of risk and liability in sports activities (STS 284/2016). Note: This authorization is valid exclusively for the specified activity and date. A new authorization is required for each activity. The signatory declares having legal parental authority or guardianship of the minor.

Terms and conditions

🏔️ ANDALUSIA TOURISM REGISTRY

TERMS AND CONDITIONS OF CONTRACTING

INTERMEDIATION SERVICES IN ACTIVE TOURISM AND MOUNTAINEERING

1SERVICE PROVIDER IDENTIFICATION

1.1. Platform Operator Data

1.2. Scope of Operation

2LEGAL NATURE OF THE SERVICE

2.1. Definition of Service Provided by Sendalpina

3OBJECT AND DESCRIPTION OF THE SERVICE

3.1. Intermediation Process

3.2. Nature of Risk in Mountain Activities

3.3. Distinction of Responsibilities

4CONTRACTING CONDITIONS

4.1. Reservation Process

4.2. Required Documentation

4.3. Information Transparency

5CANCELLATION AND MODIFICATION POLICY

5.1. Exception to the Right of Withdrawal

5.2. Cancellation Policy by the Client

Penalty scale (unless the guide specifies other conditions):

5.3. Cancellation by the Guide

6LEGAL RELATIONSHIP WITH MOUNTAIN GUIDES

6.1. Professional Independence of Guides

6.2. Verification of Requirements

6.3. Direct Contract Client-Guide

7CLIENT OBLIGATIONS

7.1. Physical and Medical Condition

7.2. Compliance with Instructions

7.3. Mandatory Equipment

7.4. Accident Insurance

8LIMITATION OF LIABILITY AND EXonerATION

8.1. Express Exoneration of Liability

8.2. Scope of Exoneration

8.3. Assumption of Risk by the Client

8.4. Limits of Exoneration

8.5. Indemnity

9INSURANCE

9.1. Public Liability

9.2. Accident Insurance

9.3. Recommendation of Cancellation Insurance

10DATA PROTECTION

10.1. Data Controller

10.2. Purpose of Processing

10.3. Transfers

10.4. ARCO+ Rights

11INTELLECTUAL PROPERTY

11.1. Sendalpina Content

11.2. Image Rights

12APPLICABLE LAW AND JURISDICTION

12.1. Applicable Law

12.2. Jurisdiction

12.3. Extrajudicial Resolution

13PARTIAL NULLITY

🏔️ HEALTH DECLARATION FORM

DECLARATIONS

🏔️ AUTHORIZATION FOR MINORS

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