The General Terms and Conditions of CANCO Travel Services S.L. - From May 2018

 

The website www.cancograncanaria.com is provided by CANCO Travel Services S.L. based in Spain, Gran Canaria (hereinafter „CANCO"). CANCO is a registered and certified agent of touristic services. Its registration number is: I-XXX XXX X. The licensing authority is the “Gobierno de las Islas Canarias” in Las Palmas, Spain. As an intermediary of touristic services, CANCO offers an internet-based booking system to the user and providers of tourist services. Since CANCO only acts as an intermediary, any contract concluded are exclusively between the user and the provider on their terms and conditions. CANCO itself is not a provider and therefore not a contracting party of the touristic services.

 

1.

 

Scope of application

 

These General Terms and Conditions apply to all services provided by CANCO. The terms and conditions of the provider apply in addition to these terms and conditions for all contracts between the user and a provider.

 

2.

 

Object of contract and services, conclusion of contract, termination

2.1.

 

The object and scope of the contract between the user and CANCO is exclusively the correct mediation of the user to the provider of touristic services.

2.2.

 

The contract enters into force at the time the user starts to use the website.

2.3.

 

This contract does not include the obligation of the user to place a binding order with one of the providers. The terms of use are an integral part of this contract.

2.4.

 

The user does not have to pay for the usage of the website. The cost for the technical access to the website (eg Internet access) is borne by the user himself.

2.5.

 

There is no need to terminate the contract. The user is free to use the website as long as he wants. CANCO reserves the right to block users for any reason or to prevent the use of the website.

 

3.

 

Conclusion of contract with the provider

3.1.

 

The activities and services selected on the website www.cancograncanaria.com do not constitute binding offers, whose acceptance constitutes a legally binding contract. It is only information that allows the user to decide whether he would like to submit an application (binding order). The user finds, as far as available to CANCO, the conditions of participation of the provider in the detailed information of the individual activities or services.

3.2.

 

From the information provided to him by CANCO the user selects the activity or service for which he would like to place a binding order. The binding order is manifested by clicking the "Place Order" button in conjunction with the completed payment of the deposit. CANCO sends the user an e-mail confirmation and payment confirmation.

3.3.

 

CANCO forwards the order to the provider, which acknowledges their acceptance against CANCO by means of electronic (e-mail) or telephone confirmation. CANCO shall immediately transmit the acceptance of the contract by the provider by e-mail in the form of a reservation confirmation to the user.

3.4.

 

The reservation confirmation contains all data, information and conditions, the knowledge of which is necessary for the proper perception of the activity or performance.

3.5.

 

CANCO assumes no liability for the correctness of the data, information and conditions supplied by the provider that CANCO submits to the user, as a complete verification of the correctness for CANCO is not possible and therefore unreasonable.

 

4.

 

Prices

4.1.

 

All prices displayed on the website are in Euro, per person and activity, unless stated otherwise, and include all taxes and other public charges. Additional costs are explicitly stated as such and are added to the total costs of an activity or service.

4.2.

 

All displayed prices and additional costs are calculated by the respective providers and published via CANCO. CANCO has no influence on the pricing of the providers. CANCO also has no knowledge of the price calculation of the providers.

4.3.

 

CANCO assumes no responsibility for the correctness of the prices and additional costs as transmission errors, typographical errors, as well as payment errors, etc. of the provider cannot be excluded.

4.4.

 

Special offers, promotions or discounts are indicated as such.

 

5.

 

Payment Terms

5.1.

 

The payment of the activity or the service is made in two parts. The user shall pay a deposit for the effectiveness of the legally binding order by the user. The deposit is part of the total price of the activity or service. The completion payment is effected by the user on the day of the utilization for the product or service.

5.2.

 

CANCO is authorized by the organizers to accept the payments of the deposits. The user will find the respective deposit in the detailed descriptions of the activities and services.

5.3.

 

For the payments to CANCO a payment function is available to the user which offers various payment methods. The permissible payment methods are detailed descriptions of the respective activities and services for. Payments to CANCO can only be made via the payment function of the website. In particular cases, the user may have to register. The user must provide his payment information truthfully and correctly. CANCO reserves the right to refuse the user's payment methods. After successful payment, the user of CANCO receives a booking and payment confirmation by Email.

5.4.

 

By clicking on the "Place Order" button, CANCO is authorized by the user to collect the payments and use his payment information for collection.

5.5.

 

The user shall pay the remaining amount directly to the provider on the day of the utilization of the activity or service. The payment terms must be observed. These are - if available - the reservation confirmation.

 

6.

 

Cancellation Policy

6.1.

 

In the case of a cancellation up to 24 hours before the start of the activity, the user will be refunded the full deposit. No refund will be given after this deadline. The date and time the cancellation was send decisive for compliance with the deadline. The cancellation is to be sent to CANCO. For this purpose, the user can use the contact form contact form or the Email address cancellation@cancograncanaria.com.

6.2.

 

In the case of cancellations within the 24-hour period, the user is obligated to notify the provider directly, in addition to CANCO. Contact information of the provider can be found on the reservation confirmation.

6.3.

 

If the user does not appear at the specified time at the specified location (no show), without having informed CANCO or the provider of his cancellation, the entire price of the activity or service is due. This does not affect any further claims for damages by CANCO or the provider.

 

7.

 

Participation requirements and other obligations of the user

7.1.

 

The user indemnifies CANCO from claims of any kind of third parties, unless they are owed by CANCO.

7.2.

 

When providing the data requested by CANCO in context of the contractual relationship, it is the user's duty to ensure that this data is true, correct and up-to-date.

7.3.

 

In the context of a fault-free fulfillment of the contract with the provider, the user is obliged to comply with the instructions of the provider’s fulfillment assistant

7.4.

 

Depending on the nature of the activity or service ordered, the user is obligated to evaluate his or her physical abilities and skills in a realistic manner, and to inform the provider immediately of possible limitations, illnesses or other facts that endanger the health or life of the user or hinders or inhibits the fulfillment of the contract with the provider.

7.5.

 

Depending on the nature of the ordered activity or service, the user may be obliged to be free from alcohol influence. The user will determine for himself which activities and services are affected. The obligation to abstain any drug influence during the entire period of the contract fulfillment with the provider remains unaffected. In addition, the user is obliged to restrict his alcohol consumption during the period of the fulfillment of the contract with the provider to such an extent that a fulfillment of the contract is possible at any time and no damages are incurred to the provider or other third parties.

7.6.

 

The user is obligated to appear punctually at the specified time at the specified location of the activity or service (see also section 6.3).

 

8.

 

Warranty

8.1.

 

CANCO assumes no liability whatsoever for the availability, quality, performance, technical access and the underlying platform of the website. CANCO may, at any time, turn off the website, redesign it, provide it with a different purpose, or otherwise modify it. Existing contracts with the provider remain unaffected.

8.2.

 

CANCO assumes no liability for the data and information that CANCO has received from providers or other third parties.

8.3.

 

CANCO assumes no liability for the proper fulfillment of the contract between the user and the provider. Unless CANCO is itself a provider.

8.4.

 

Guarantees by CANCO only exist insofar as CANCO has entered into obligations with the user or as legal standards stipulate these according to the type and scope of the contract.

 

9.

 

Liability and Limitation of Liability

9.1.

 

CANCO, its legal representatives and vicarious agents as well as its subcontractors shall be liable for damages of whatever nature and whatever legal basis only in the case of gross negligence or intent. The liability is limited to the value of the deposit paid by the customer to CANCO. CANCO shall not bear liabilities beyond that, in particular concerning the contractual relationship between the user and the provider.

9.2.

 

CANCO shall not be liable for any damages incurred to the User resulting from the use of the User's personal data (passwords, payment information) by third parties. It is irrelevant how the third parties got to the personal data, unless the user can prove breach of duty of care by CANCO. In this case, CANCO shall be liable up to the maximum amount of the actual and proven damage.

9.3.

 

The user is liable for damages of any kind and amount or for the fact that the contract with the provider cannot be fulfilled in whole or in part if the user violates the cooperation obligations mentioned in point 7.2 ff.

9.4.

 

If conditions arise (example: weather) which make it impossible for the provider to supply the activity or service at the specified time, the provider has the right to propose an alternative date to the user. If the user accepts this, the contract is deemed fulfilled.

9.5.

 

If the contract between the provider and the user can not be fulfilled in whole or in part due to force majeure or for reasons for which the provider is responsible, the supplier is liable up to a maximum of the price fixed for the activity or service or of the Non-fulfilled part.

9.6.

 

If the fulfillment of the contract between the supplier and the user is prevented in whole or in part for reasons the user is responsible for, the provider keeps the right to the contractually agreed fee (see also section 6.3)

 

10.

 

Reviews and comments

10.1.

 

CANCO provides the user with a valuation and comment function on his website. The user has the possibility to use a symbolic way (1 to 5 stars) and text form to submit a report and an evaluation of the activities or service he or she has experienced.

10.2.

 

CANCO expressly points out that CANCO does not adopt the opinions and expressions of the user.

10.3.

 

The user is fully responsible for his / her content. He/ She ensure that the content is true and not misleading and does not violate the rights of third parties. It shall also ensure that its assessments relate exclusively to the contractual relationship between the user and the supplier.

10.4.

 

The user indemnifies CANCO from claims or compensations for damages of third parties in full, which are submitted to CANCO in the context of user-supplied content.

10.5.

 

CANCO reserves the right to rectify any given evaluations orthographically and grammatically. CANCO will remove ratings and comments if
- they are banal, racist, discriminatory or offensive;
- they are designed solely to damage the reputation of the supplier;
- they relate to negative experiences, the causes of which are however the behavior of the customer;
- they contain advertising, spam or links to other sites;
- they involve a different activity;
- they refer to CANCO's booking process or other services;
- the customer himself wants to change or delete CANCO in writing.

10.6.

 

CANCO is entitled to use the evaluation contents provided by the user for advertising or other purposes without prior notice, neither requesting a release nor paying a fee. There are no corresponding claims on the users’ side. CANCO is free to use the evaluation content on its own website or on any kind of media of third parties. The evaluation contents can be passed on to any third parties in an anonymous form.

10.7.

 

The Points 10.2 to 10.6 equally apply to the assessment and comment functions of CANCO's presences at Tripadvisor, Google+ and Facebook.

 

11.

 

Privacy

11.1.

 

CANCO collects and uses personal data of the user only to the extent necessary for contract design and fulfillment.

11.2.

 

According to Art. 6 (1)(b) GDPR CANCO shall forward the personal data of the user to the supplier required for the design and fulfillment of the contract between the supplier and the user. The supplier also processes these data only to the extent necessary for contract design and fulfillment. The identity of the supplier is shown in the reservation confirmation.

11.3.

 

For more information, see the Privacy Policy.

 

12.

 

Copyright and rights of use

12.1.

 

The image and word mark "CANCO" is the property of CANCO Travel Services S.L.

12.2.

 

All CANCO generated ideas, presentations, documents, concepts, plans, texts and layouts are the intellectual property of CANCO.

12.3.

 

Any usage further to the agreement as well as a transfer to third parties of the items specified in point 12.2 by the user require prior consent in written by CANCO.

12.4.

 

CANCO is entitled to spread or publish all photographic, video and film recordings resulting from the fulfillment of the contract, as well as other technical reproductions for self-promotion or editorial purposes, without restriction of the spatial, factual or temporal scope. Compensation or payment of royalties to the user by CANCO is excluded.

 

13.

 

Group events (incoming)

 

In addition to the individual activities and services presented on the website, a user as a representative or orderer of a group can request complete packages or the organization of an event at CANCO. The user will liaise with CANCO and both parties will define a different contractual content and a changed scope of services.

 

14.

 

Changes to the Terms and Conditions

14.1.

 

These General Terms and Conditions govern the contract between CANCO and the user. There are no further agreements. Amendments or additions, in particular with regard to section 13, require the written form. Email is sufficient.

14.2.

 

Should individual provisions of these General Terms and Conditions of Business be or become invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by the contracting parties by effective provisions which correspond to the economic spirit and purpose of the contract.

 

15.

 

Jurisdiction

 

The exclusive jurisdiction for all disputes relating to this Treaty is the island of Gran Canaria, in the Kingdom of Spain.