General Terms and Conditions

By accepting these terms and conditions we  make you aware that the companies have the right to change the dates and times of your booking. On these rare occasions that this happens you can ask for a FREE and FULL refund up to 24 hours before your booking commences. 

Last updated on 02/12/2021

Part 1. GoGo Tour Canaries Terms of Use

1. Who operates this website?

This website (including subsites and including text, images, videos, software, products, services and other information contained in or presented on the website; all together the “Website”) is provided by:

GoGo Tour Canaries, Calle la Caleta 10, 20.  Corralejo, Fuerteventura 35660.

Identificación fiscal X8327239C.

Email contact@gogotourcanaries.com

Telephone on: +34 657 059 777

Bookings through the Platform are subject to the General Terms and Conditions of GoGo Tour Canaries as well as the General Terms and Conditions of the Supplier of tours and other tourist.

2. Application of these Terms of Use

These terms of use (the “Terms of Use”), together with our privacy policy (the “Privacy Policy”), apply to any use of the Website. Visitors to the Website (“User” or “you”) may use the Website only on condition that they accept the Terms of Use and read and understand the Privacy Policy. Any further use of the Website or any part of it means you have read and understood the Terms of Use and the Privacy Policy, and agree to be bound by all parts of the Terms of Use.

3. No offer

The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with suppliers of activities available on the Website require a booking request through the GoGo Tour Canaries Platform and the supplier’s acceptance of the booking request according to the General Terms and Conditions of GoGo Tour Canaries.

4. No warranty

While GoGo Tour Canaries tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). GoGo Tour Canaries may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. GoGo Tour Canaries may also block Users from accessing the Website or parts of it, or require certain conditions to be fulfilled for such access. GoGo Tour Canaries does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, GoGo Tour Canaries does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.

5. Limitation of liability

GoGo Tour Canaries excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability regulation.

6. Third party content, links to other websites

GoGo Tour Canaries does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. GoGo Tour Canaries does not recommend or endorse such content, and will not have any liability relating to it. Where GoGo Tour Canaries links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please contact us at https://www.GoGo Tour Canaries.com/contact.

7.Intellectual property rights

As between you and GoGo Tour Canaries, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.

9. Amendments to the Terms of Use

GoGo Tour Canaries may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. GoGo Tour Canaries expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.

10. Applicable law and jurisdiction

The law of the Kingdom of Spain shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Madrid, provided the user is a tradesperson as per the Spanish Commercial Code or does not have a permanent place of residence in Spain when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.

11. Pricing of GoGo Tour Canaries

11.1 All prices on GoGo Tour Canaries are quoted per person and include VAT and all other taxes. Local taxes may be charged on site.

11.2 These prices specified by the Suppliers may be subjected to special conditions, for example with regards to cancellation and the refunding of payments made. Before making the booking, please check precisely whether the respective service agreement is subject to separate conditions.

12. The best price guarantee of GoGo Tour Canaries

12.1 GoGo Tour Canaries would like the user to pay the lowest possible price for the respective service. If the users find the offer they have booked via GoGo Tour Canaries with the same conditions (town/city, number of people, availability) and at a lower price online, GoGo Tour Canaries shall pay the user, on a voluntary basis, the difference between the price paid and the lower price found on the internet.

12.2 All special offers and promotional campaigns are marked as such.

13. Duties and obligations of the user

13.1 The user shall keep the registration data (user login and password) secret and not allow third parties access to GoGo Tour Canaries Portal using his/her registration data. The user shall be accountable for all use of his/her user account on GoGo Tour Canaries Portal.

13.2 After receiving the service information, the user can send any orders to GoGo Tour Canaries for forwarding to the Supplier.

13.3 The user shall exempt GoGo Tour Canaries from third-party claims based on his/her use of the GoGo Tour Canaries Platform, unless they are the fault of GoGo Tour Canaries.

14. Availability and warranty

14.1 There is no claim for availability, quality or service features, or technical support for the GoGo Tour Canaries Platform. GoGo Tour Canaries can redesign, reduce or suspend their online portal GoGo Tour Canaries at any time, at its discretion. Existing agreements of the user with a Supplier, as well as the execution of these agreements, remain unaffected by these changes.

14.2 GoGo Tour Canaries makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Suppliers).

14.3 GoGo Tour Canaries makes no guarantee or warranty for the services provided by the Suppliers. The contact partner of the user in the event of questions and claims in connection with a service agreement and its execution is the respective Supplier.

14.4 Provided GoGo Tour Canaries does not have any obligation to the user, GoGo Tour Canaries also provides no guarantee.

15. Liability of GoGo Tour Canaries

15.1 If GoGo Tour Canaries has not assumed a corresponding contractual obligation by means of an explicit agreement with the user, it is not liable for the realization of corresponding agreements with Suppliers in line with the booking request of the user.

15.2 Without explicit agreement or an assurance of this kind, GoGo Tour Canaries is not liable for defects in the performance of the service and personal or material damage incurred by the user in connection with the travel service provided, concerning the services provided. If several tourist services are provided (in accordance with the legal term “package holidays”) this does not apply, unless GoGo Tour Canaries gives the impression.

15.3 Any liability of GoGo Tour Canaries due to the culpable violation of obligations in the brokering of contracts remains unaffected by the aforementioned conditions.

15.4 The liability of GoGo Tour Canaries for contractual claims of the user is limited to three-times the price of the tourist services procured, except for:

  • any violation of a key obligation, which needs to be fulfilled in order to allow the proper execution of the brokering agreement or the violation of which endangers the fulfilment of the contractual purpose
  • liability for damage incurred by the user due to the injury to life, limb or health, which is based on a negligent breach of duty by GoGo Tour Canaries or a vicarious agent of GoGo Tour Canaries
  • liability of GoGo Tour Canaries for other damage incurred by the user due to a grossly-negligent breach of duty by GoGo Tour Canaries or a willful or grossly-negligent breach of duty by a legal representative or vicarious agent of GoGo Tour Canaries.

15.5 For ordinary negligence, GoGo Tour Canaries is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are obligations which need to be fulfilled to make the proper execution of the contract possible and whereby the user can regularly rely on them being met.

15.6 Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on the product liability law.

16. Termination

Users can cancel their registration on GoGo Tour Canaries Portal at any time by blocking their user account. GoGo Tour Canaries can cancel a registration unilaterally with one week’s notice. Claims which have arisen before this is done, remain unaffected. The right to extraordinary cancellation remains unaffected.

 

17. Evaluation function of GoGo Tour Canaries

17.1 Users have the opportunity to have personal influence on the content of GoGo Tour Canaries Platform by writing travel reports in the form of evaluations, or uploading pictures (“user content”). Users are fully responsible for the user content they provide. They ensure that the content is correct and guarantee that the content does not contain any misleading or illegal statements or details. Furthermore, the users guarantee that the content does not violate third-party rights. Under no circumstance and in no way does GoGo Tour Canaries make user content its own, it merely provides a Platform.

17.2 GoGo Tour Canaries can use the user content in various ways. This includes displaying it on the website, reformatting, editing for more clarity or better grammar, incorporation into adverts or other work.

17.3 GoGo Tour Canaries can remove or report user content where necessary and at its own discretion. For example, GoGo Tour Canaries can remove user content if it violates the GoGo Tour Canaries principles for content, in the opinion of GoGo Tour Canaries. GoGo Tour Canaries is not obliged to store copies of user content or provide copies thereof. GoGo Tour Canaries does not guarantee the confidentiality of user content.

17.4 GoGo Tour Canaries and its distribution partners or sub-agents can display adverts and other information together or next to the user content on the website and other media. Users have no claim to remuneration for these adverts. Subject to changes regarding the type and scope of these advertising measures. The user does not need to be especially notified of this.

17.5 The users shall fully indemnify GoGo Tour Canaries and its distribution partner or sub-agents from all third-party claims (incl. suitable costs for legal prosecution and defense) at first request, which these third parties assert against GoGo Tour Canaries concerning the user content provided by the user. This also applies if the contested content can no longer be accessed on GoGo Tour Canaries Platform. This does not apply if GoGo Tour Canaries is responsible for the legal violation. In the event of recourse by third parties, users have to immediately, truthfully and completely provide GoGo Tour Canaries with all the information necessary to verify the claims and defend them.

18. Data protection

18.1 GoGo Tour Canaries collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for GoGo Tour Canaries between the user and GoGo Tour Canaries.

18.2 If GoGo Tour Canaries is involved in the communication for a service agreement between the user and the respective Supplier, it shall transfer the data required for this agreement to the respective Supplier. This Supplier processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective Supplier can be taken from the booking dialogue.

18.3 Further information can be found in the data protection conditions of GoGo Tour Canaries at  https://gogotourcanaries.com/privacy-cookie-policy/

19. Changes to these General Terms and Conditions

19.1 GoGo Tour Canaries reserves the right to change these General Terms and Conditions at any time and without stating the reasons. GoGo Tour Canaries will only make changes affecting the user, which the user must agree to in consideration of mutual interests. This concerns, for example, cases where the equivalence principle has been disturbed, as well as loopholes and changes in legislation. The amended conditions will be sent to the users by e-mail at the latest two weeks before they come into effect. If a user does not reject the validity of the new General Terms and Conditions within two weeks of the receipt of the e-mail, the amended General Terms and Conditions are deemed to have been accepted. GoGo Tour Canaries will notify the user, in the e-mail containing the amended conditions, of the importance of this two-week deadline.

19.2 These Terms and Conditions can be amended at any time and without notice for future intermediation of contracts with Supplier. The respective conditions valid for each individual contract conclusion shall apply.

20. Other provisions

20.1 These General Terms and Conditions represent the whole agreement between GoGo Tour Canaries and the user. No additional agreements exist.

20.2 The law of the Kingdom of Spain shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected. The exclusive place of jurisdiction is Madrid, provided the user is a tradesperson as per the Spanish Commercial Code or does not have a permanent place of residence in Spain when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.

20.3 If provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the rest of the provisions.

GoGo Tour Canaries, Calle la Caleta 10, 20.  Corralejo, Fuerteventura 35660.

Part 2. General Terms and Conditions of the Supplier of tours and other tourist services

1. Introduction

Part 2 of these General Terms and Conditions applies to all contracts concluded between the Suppliers and the users via the GoGo Tour Canaries Platform. This also applies, if access to the GoGo Tour Canaries Platform is provided via a cooperating partner (sub- agent, distribution partner).

2. Truthful details

The details transferred via the GoGo Tour Canaries Platform must be truthful. The Supplier reserves the right to withdraw from the contract or to exclude users from participating in the service and to demand compensation amounting to the cancellation costs as per Section 11 of part 2 of the General Terms and Conditions of Supplier of tours and other tourist services, if defective details are provided by the user.

3. Arrival at meeting point and compliance with conditions

You are responsible for arriving on time at the notified meeting point. If you are travelling to an activity from abroad, you are responsible for having the necessary travel documents (passport etc.), and for observing the health regulations etc.

4. Additional terms and conditions

If Supplier includes in addition to these General Terms and Conditions of Supplier of tours and other tourist services of Part 2 further participation or transport or other terms in a contract with you, you are responsible for observing these additional terms. The Supplier reserves the right to exclude participants from the activity if they do not meet these conditions.

5. Binding nature of the request

The contract between you or the user you have referred, and the Supplier comes into effect upon the acceptance of your binding request by the Supplier. When you book a tour or another activity, you make the Supplier a binding offer which you, or the user you have referred to, are bound to for five working days. If the Supplier accepts your offer within this period of time, the contract comes into binding effect. You, or the user referred by you, receives notification of this by e-mail.

6. Payment

The agreed total price for the service we have provided is due upon the conclusion of the contract.

7. Notes on the right of revocation

The Supplier points out that according to legal provisions (section 312, paragraph (2), no. 4, 312g, paragraph 2, clause 1, no. 9, BGB), contracts for tourism services which are concluded as remote selling (i.e. via the GoGo Tour Canaries Platform) do not have a right of revocation, but merely the legal rights to withdraw and cancel the contract.

8. Self-responsibility for insurance

The price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity booked.

9. Unpaid services

If you or the user you have referred do not pay for the booked service according to the agreed due date of payment, although the Supplier is prepared, and able, to perform the contractual service and there is no legal or contractual right of retention for you or the user you have provided, the Supplier is permitted to withdraw from the contract and charge you, or the user you have referred, for the withdrawal costs as per point 11.

10. Exchange of messages

All messages between you, or the user you have referred, and the Supplier shall be done via the GoGo Tour Canaries Platform. In the interest of quick processing, it is recommended to exclusively use the forms provided by GoGo Tour Canaries.

11. Cancellation guidelines

11.1 If you reject (cancel) the activity, the cancellation conditions stated in the product description as well as on your voucher apply. GoGo Tour Canaries advises the user to carefully read the information in the product description.

11.2 Provided there are no deviating cancellation conditions in the product description of your Supplier, the following cancellation fees will be charged by the Supplier of the tourist services:

  1. Up to 24 hours before the start of the activity: full refund
  2. Less than 24 hours before the start of the activity or in the event of a no-show: no refund

11.3 You, or the user you have referred to, are free to prove to the Supplier that they have not incurred any damage, or substantially less damage than the fee charged by the Supplier.

11.4 The Supplier reserves the right to request higher, specific compensation instead of the aforementioned flat-rate fees, if the Supplier can prove that it has incurred much higher expenses than the respectively applicable flat-rate fee. In this case the Supplier is obliged to provide specific figures and evidence of the compensation requested, taking into account the saved expenses and any other use of the services.

11.5 The refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount shall be credited at the end of the current invoicing period. The exact time of the refund depends on the user’s credit card agreement. The refund by bank transfer shall be done within seven bank working days.

12. Extraordinary cancellation

The Supplier can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions (in particular force majeure) make the execution of the activity impossible, make it considerably more difficult or endanger it. In this case the paid price is refunded.

 

13. Exclusion of participation

The Supplier is permitted not to allow you to join an activity, or to exclude you from one, if you do not meet the personal participation requirements, your participation would endanger you or someone else or in any other way make the activity impossible in the long-term. This applies accordingly to a user you have referred. In these cases, the paid price cannot be refunded.

 

14. Changes to the program

Furthermore, the Supplier reserves the right to make non-essential changes to the program, if this is necessary due to unforeseeable or unavoidable conditions.

15. Further conditions

Further conditions or deviating conditions can be found in the respective tenders.

16. Time zone

For calculations of the time and deadlines, the time zone of the Supplier is authoritative.

17. Liability of the Supplier of the tour or the tourism service

The Supplier is liable in accordance with the applicable law for its services, whereby the liability, if permitted according to the applicable law, is excluded.

18. Change to these General Terms and Conditions

These Terms and Conditions of the Supplier of tours and other tourist services of Part 2 can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on the existing conditions.

 

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