GENERAL CONDITIONS OF EMPLOYMENT AND TERMS OF USE:

These General Conditions of Use and Contracting (hereinafter “the General Conditions”) govern the access and use of the Web Site as well as the contracting of activities through the different “Channels of Sale” such as telephone bookings and in particular those formalized through the Web Site www.itsasmoto.com ownership of

ITSASMOTO DONOSTI S.L.

All access to this website www.itsasmoto.com is subject to each and every one of these General Conditions in the version published and in force at the same time the User accesses www.itsasmoto.com. User registration is not mandatory, although the user contracts the services provided by ITSASMOTO DONOSTI S.L. must first read and actively accept the General Conditions before using the website, as well as the particular conditions that, where appropriate, complement, modify or replace the General Conditions in relation to certain services and contents of www.itsasmoto.com since they may have undergone changes since the last time you accessed the same. The User declares that: he/she is of legal age and has the legal capacity to acquire the services offered through www.itsasmoto.com.

● In case of recruitment by a minor, in a misleading and/or fraudulent way, ITSASMOTO DONOSTI S.L. under no circumstances shall the child, parents or guardians be liable for any expenses incurred by the child.

● The use of the WEB site implies an agreement between the User and ITSASMOTO DONOSTI S.L. by which the User expressly accepts the full and unreserved adherence to each and every one of the General Conditions published by ITSASMOTO DONOSTI S.L., at the very moment the User accesses this portal, especially those established on the limitation of liability of both ITSASMOTO DONOSTI S.L. and any provider of tourist services or excursions. Therefore, the User must read the General Conditions carefully each time he/she intends to use the website, since they may have been modified since the last time he/she accessed the website.

● ITSASMOTO DONOSTI S.L understands that those who make use of their website, reserving the various activities, comply with the necessary legal requirements concerning the ability to conclude these contracts and thereby tacitly accept to be subject to the terms and conditions specified in the following paragraphs. By accepting these General Conditions, the

Manifested user:

– Who has read, understands and understands the above.

– That, if you plan to contract a product and/or service, you have sufficient capacity to do so.

– That you assume all the obligations set forth herein. REGISTRATION – USER: When using the website www.itsasmoto.com the user must always provide the name and surname, an email address and a contact telephone number. In order to contract the different products and services offered by www.itsasmoto.com as well as to receive newsletters with information about offers you must accept the privacy policy and these general conditions, for which purpose you declare that all information provided at the time of registration is true, complete and accurate and that in accordance with the Organic Law 3/2018 on Data Protection of Personal Data and Guarantee of Digital Rights and the Regulation Protection of Personal Data EU 679/2016 of 27 April 2016 must accept its treatment. The person who registers and/or contracts services offered on the WEBSITE expressly authorizes ITSASMOTO DONOSTI S.L. to proceed to include their data in an automated file called “CUSTOMERS” and/or in its register of activities in accordance with Article 30 of the Regulation Protection of Personal Data EU 679/2016 of 27 April 2016 the personal data contained in the fields of the form as necessary for the proper provision of its services as and whose collection is intended:

– Develop services related to brokerage in the marketing of these services. In particular, commercial, administrative, logistics and similar management.

– Check credit cards and other types of payment cards.

– Comply with www.itsasmoto.com accounting, billing and audit requirements

– Keep you informed of offers and promotions similar to those contracted.

PURCHASE AND BOOKING PROCEDURE: In the purchase process and always before the end of the purchase, the User will have all the information regarding the full final price, including taxes, disaggregated, as appropriate, the amount of the increments or discounts that apply to the offer and the additional expenses that are passed on to the

User, being the User responsible for providing your data correctly, including your personal data and the banking data required by the system. All bookings made on our website are recorded and therefore automatically archived in our system.

In addition, the system automatically sends your booking information to the customer’s email along with your locator number and all the instructions on how to pay and send documentation of your activity. You are also always told a contact phone to solve any questions or queries. ITSASMOTO DONOSTI S.L provides a booking method online, fast, available 24 hours and securely. Bookings are made through the site www.itsasmoto.com. Given the diversity of activities, they may require different payment methods or different days in advance in order to be able to make the reservation according to the demand and occupation in that activity. The data entered by the User will be true and of their ownership, especially those relating to means of payment. Exceptionally, in case it is not possible to book online the requested day, ITSASMOTO DONOSTI S.L. will be available to Customers through itsasmoto@gmail.com who will be responsible for solving or providing other alternatives of interest to them.

In addition, if it is not possible to make the booking via e-mail, you can contact the number 608702848 through which you will try to make the booking by phone or Whatsapp.

MODIFICATIONS OF THE BOOKING: It will not entail any extra cost for Customers to modify the date of their booking by a different one by means of reliable means, provided that it is at least 48 hours before the date of the reservation and there are places available. For this modification you can contact the supplier of the activity ITSASMOTO DONOSTI S.L. at the following email address itsasmoto@gmail.com. If the activity is affected by climatic circumstances (rain, state of alert, state of the sea and rescue guidelines,…) as well as social (strike demonstrations, public holidays,…) beyond our control, ITSASMOTO DONOSTI S.L. may slightly modify the content of the reserves where due to such unforeseeable and unforeseeable circumstances, the activities and times cannot be practised in the same way as in the online booking offer. In such a case, suppliers will seek to provide the service in the best possible way, replacing services that cannot be enjoyed by others of similar purpose and cost.

CANCELLATION OF THE RESERVATION: The cancellation of the booking of the different activities offered will be subject to this policy and general terms and the particular conditions that could be established at the time of payment. Generally, ITSASMOTO DONOSTI S.L. allows cancellation at no cost to the Customer:

– Up to 24 hours before carrying out the contracted activity, the customer may cancel, returning the amount paid in full. However, if bad weather is alleged as a reason for cancellation, it will not take place provided that the conditions are favourable for the performance of the activity.

– In the absence of less than 24 hours of the activity, no refund will be made.

• For reservations of more than two motorcycles, cancellation will be free provided that it takes place at least 3 days in advance of the date of completion of the activity.

• Money Back: The money back will be within 7 working days after the cancellation.

If any activity has a particular cancellation policy, this will be reflected in the offer, during the booking process and in the voucher or voucher of the booking.

– ITSASMOTO DONOSTI S.L may cancel the booking at any time for reasons of force majeure and always thinking about the safety of the users, automatically returning the amount paid without the User being able to claim any additional amount (taxi, travel to the point of collection or point of performance of the activity). In these cases, ITSASMOTO DONOSTI S.L. notify the User as soon as possible through the means of contact indicated in his/her booking. It is the responsibility of the User to be localized through these means.

PRICE POLICY: Activities by time: (prices subject to change by season) Rent Water bike 1 hour, price 140€ (120€ low season). Paddle Surf rental 1 hour, price 12€. Bonus stand up paddle 10 hours € 80 Apart from our price policy, there will be events or collaborations with other companies in which a specific pricing will be established for each case and which will be announced together with these events. For reservations of durations or specifications other than those offered on this website, please contact the office ITSASMOTO DONOSTI by phone at 608 702 848 or by email to itsasmoto@gmail.com WE ARE AT YOUR DISPOSAL.

All departures are made from the port of Donostia-San Sebastian and to be able to perform the contract it is necessary to present the ID or passport. AVAILABILITY AND DURATION OF OFFERS AND PROMOTIONS: The duration of campaigns relating to possible offers will vary according to their characteristics and will have a certain duration and a maximum of units available for each of them, that is why their availability may be determined by compliance with the time or by the end of the units. Each possible offer shall contain the information relevant to its validity and expiry.

PAYMENT METHODS When the booking is completed, 100% of the activity will be charged. If cancelled within the time limits, all or part of the cancellation will be refunded if the cancellation is subject to penalty (please read the terms carefully)

Cash: The User may pay the payment for the service in the store provided that it has not previously booked and is available to perform such activity. You will be able to request your purchase ticket or invoice on site and at the time.

With card: In ITSASMOTO DONOSTI S.L. The User will be able to pay by credit or debit card through our Virtual POS managed by Banco Santander. Our CES (Secure Electronic Purchasing) platform that, under the international protocols Verified by Visa and MasterCard SecureCode, provides high security and payment protection to prevent others from using your data fraudulently.

ELECTRONIC INVOICING: The User who makes a purchase and wishes an invoice must request it by email to the address indicated. This service will not entail any added cost for the User. If you want to receive a duplicate of it on paper, it will be issued at no cost and may be requested by sending an email under BILLING to the address

ITSASMOTO@GMAIL.COM

DISCLAIMER: ITSASMOTO DONOSTI S.L. offers a diversity of leisure and sports activities that require the User to have full physical and psychological faculties. It is the responsibility of the User to inform ITSASMOTO DONOSTI S.L. any circumstances relating to your health that could pose a risk to the User or third parties during the performance of the activity, being enabled ITSASMOTO DONOSTI S.L. to reject the reservation. It is the customer’s responsibility to locate the point of departure of activities, call or contact ITSASMOTO DONOSTI S.L. if you have any questions. The User must always be punctual, and as a general rule it is convenient to be about 15 or 20 minutes before the appointed time. If the User arrives late or is not at the agreed point, he will not be entitled to refund any of the amounts previously paid or of the possible expenses incurred. ITSASMOTO DONOSTI S.L is not responsible for weather conditions or any other circumstances of force majeure outside its control capacity. ITSASMOTO DONOSTI S.L is not responsible for the loss of personal effects of Users during activities. Neither shall he be liable for the damages suffered by the Users or their death in the different activities when they have acted in a reckless manner, without due diligence, as well as disobeying the instructions and guidelines determined by the monitors of said activity. Likewise, in the case of adventure activities, the Users accept under their own responsibility when hiring these activities any risks they may incur when carrying out these activities, as well as minors whose custody they hold. Therefore, ITSASMOTO DONOSTI S.L. has underwritten liability insurance as well as accident insurance for each activity contracted and therefore its liability is covered under the legal condition of such contracts. ITSASMOTO DONOSTI S.L makes the most efforts to update, maintain and operate your website, offering the User this site as a tool for obtaining services, however, ITSASMOTO DONOSTI S.L. cannot guarantee the absence of technical failures, the total security of the WEB service, or that it is operated 24 hours a day, seven days a week at all times. If for reasons of force majeure (including but not limited to social, political, economic, strikes or any kind of instability affecting the safety of citizens in general or the User in particular), there are deficiencies in the reservations, confirmations and / or execution of any services contracted through ITSASMOTO DONOSTI S. L. and if situations that are not predictable or avoidable by ITSASMOTO DONOSTI S. L. or even if it is impossible to fulfill some of the agreed services, ITSASMOTO DONOSTI S. L. will not be able to provide them. L. and due to situations that are not predictable or avoidable by ITSASMOTO DONOSTI S.L. or even if it is impossible to comply with some of the agreed services, ITSASMOTO DONOSTI S.L. and/or ITSASMOTO DONOSTI S.L. collaborating companies are excluded from any indemnification obligation, according to the legal dispositions in force.

INDUSTRIAL AND INTELLECTUAL PROPERTY: This website is owned by ITSASMOTO DONOSTI S.L. The rights of Intellectual Property and rights of exploitation and reproduction of this Web, its pages, screens, the Information contained therein, its appearance and design, as well as the links (“hyperlinks”) that are established from it to other WEB pages of any society advertised therein, are the exclusive property of this and other advertisers according to their corporate WEB’s, unless expressly specified otherwise. Any name, design and/or logo, photo, as well as any product or service offered and reflected on this website, are the property of ITSASMOTO DONOSTI S.L. Any misuse thereof by persons other than their legitimate owner and without the express and unequivocal consent of the latter may be denounced and prosecuted through all legal means existing in the Spanish and/or Community Legal System. The intellectual property rights and trademarks of third parties, if any, are conveniently highlighted and must be respected by anyone who accesses this page, and ITSASMOTO DONOSTI S.L. is not responsible for the use that the User may carry out in this regard, being the sole responsibility of the User. ITSASMOTO DONOSTI S.L. reserves the right to modify, suspend, cancel or restrict the content of the WEBSITE, the links or the information obtained through it, without prior notice. The latter, in no case, assumes any responsibility as a consequence of the incorrect use of the WEBSITE that the user may carry out, both of the information and of the services contained therein APPLICABLE LEGISLATION: Law 7/1998, of April 13, on General Contracting Conditions, Law 3/2014, of March 27, amending the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, Organic Law 3/2018 on the Protection of Personal Data and to the Regulation Protection of Personal Data EU 679/2016 of April 27, 2016, and to Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce. JURISDICTION: In case of dispute between ITSASMOTO DONOSTI S.L. and the courts of the consumer’s domicile shall be competent. EU LITIGATION SYSTEM: Remember that you can also go to the EU dispute resolution platform:

HTTPS://EC.EUROPA.EU/CONSUMERS/ODR/MAIN/INDEX.CFM?EVENT=M

AI N.HOME2.SHOW&LNG=ES ATENCION AL CLIENTE

• We’re in Paseo del Muelle 32, 20003 Donostia-San

Sebastián (Guipuzcoa)

• Schedules: De 11:00 a 18:00

• Phone: 608 702 848

E-Mail: ITSASMOTO@GMAIL.COM