Terms & Conditions
Corporate name: Aquatickets Lanzarote S.L.
Address: Calle Teide, nº8 – Puerto del Carmen – Tías – Lanzarote
Telephone numbers: +34 928 514 322 | +34 629 731 293
Registry data: Registered in the trade register of Arrecife on August 4, 2004, page 191 of Volume 332, sheet IL-7881, entry 1.
Administrative authorizations: Limited Society registered as a Wholesale Travel Agency in the Canary Islands Government General Tourist Register with the main code I-AV 0000081 and registered and authorized for online sales through this platform with the code I-AV 0000081.9 .
Claims forms: We have claims forms available to users.
The user may request said claims forms in our physical offices or Aquatickets Lanzarote S.L. headquarters at Calle Teide, 8 – Local C – 35510 Puerto del Carmen – Lanzarote, for purchases made through this platform.
Last update: 20th June 2016
The terms and conditions specified below regulate the access and use of the URL address www.touristticket.com (hereinafter WEBSITE) property of Aquatickets Lanzarote S.L., hereinafter AQUATICKETS, as well as purchases and transactions made in our tourist excursions, activities and experiences offices located in Lanzarote and Fuerteventura, hereinafter OFFICES.
IDENTIFICATION OF THE PARTIES
On one hand, AQUATICKETS limited society with registered office at Calle Teide number 8 local C, 35510 Puerto Del Carmen, Tías, Lanzarote. With I-AV 0000081.1 and NIF: B-35860337, and registered in the trade register of Arrecife on August 4, 2004, page 191 of Volume 332, sheet IL-7881, entry 1.
And, secondly, the individual, hereinafter USER, who goes to our OFFICES or accesses the page to find and hire the services offered through the WEBSITE. The USER acknowledges that they are of age (over 18 years) and have the legal capacity to acquire the services offered within the WEBSITE and use it according to the TERMS that are detailed below, which they understand and expressly accept:
AQUATICKETS exploits the WEBSITE and OFFICES, and provides and manages content, products and services to the USER visiting the WEBSITE and OFFICES, on behalf of different contracted companies and providers. In this sense AQUATICKETS has been limited to include the service in the WEBSITE and OFFICES, unless expressly stated, in no event should it be understood that AQUATICKETS directly offers package tours, car rentals, booking of buses, flights, boats and similar tourist services.
The USER should know that contracting of package holidays are governed by the Act of Combined Travel, subject to the provisions of the Spanish Royal Decree 1/2007, of 16 November, by which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws and specific conditions agreed with the USER based on the approved contracted services.
On each PRODUCTS/SERVICES offer that is published on the platform or in our bookings system, clear and exact information will be supplied concerning the price of the PRODUCT or SERVICE indicating if they are applied, what the possible extra costs and SERVICE conditions are.
The prices published on our WEBSITE and in the bookings system used in our OFFICES included all applicable taxes in each case.
AQUATICKETS commits itself to updating the prices and contents on the WEBSITE with the utmost care so as they are accurate and up to date at all times. Nevertheless, if there may be any typos for reasons beyond our control, AQUATICKETS undertakes to correct these as soon as possible. Also if any price contained any error and any USER would have been affected by it involuntarily, and could not have reasonably noticed the error, AQUATICKETS will maintain the price initially offered for such USER.
Events Promotion and Distribution Service Cost
The Events Promotion and Distribution Service cost that AQUATICKETS provides is determined as follow:
- To the ticket price fixed by the Organizer of each specific Event (the “Net Price”), “Management Fees” determined by AQUATICKETS in each individual case will be applied. The Net Price together with the Management Fees make up the “Sales Price”.
The Events Promotion and Distribution Service cost will be the amount obtained by multiplying the number of tickets sold for a particular Event by the Management Fees amount (the “Events Promotion and Distribution Service cost”).
The PRODUCTS and SERVICES made available to the USER on the WEBSITE and in the OFFICES are offered with the condition that every one of the terms, conditions and notices listed below (collectively, the “AGREEMENT”) are accepted without any modification. By accessing our OFFICES or the WEBSITE and/or using them in any way, the USER accepts that they are bound by the AGREEMENT and declares that they have read and understood its conditions.
Read the AGREEMENT carefully, as it contains information concerning your legal rights and the limitations of said rights, as well as a section on the law and jurisdiction applicable to conflicts. If you do not accept all of the terms and conditions, you must not use the WEBSITE or book any PRODUCT in the OFFICES. Regarding all bookings, it will be considered that the person who makes the booking has accepted this AGREEMENT on behalf of the people names in the booking.
It is possible that changes or modifications are made in the future in the AGREEMENT in accordance with the terms and conditions specified herein; in this case, you understand and accept that access to the WEBSITE and its continued use after such changes means acceptance of the updated or modified AGREEMENT. At the top of this page the date of the last modifications to the AGREEMENT is indicated. All changes will take effect immediately after its publication. Make sure that you return to this page periodically to review the most current version of the AGREEMENT.
- The USER is responsible for providing their data correctly in the booking process set out on the TOURISTTICKET.COM website, the fields required when making a booking are not fact-checked, so the WEBSITE has no means to identify and correct errors in the introduction of data, so the USER must exercise the utmost diligence in their completion.
- The USER is responsible, in any case, of the accuracy of the information provided and is responsible for notifying AQUATICKETS of any modification thereof, with AQUATICKETS reserving the right to deny the registered services to any USERS that have provided false information, without prejudice to other actions that proceed in Law.
- The traveller is responsible for complying with government documentation requirements necessary to use means of transport that require presentation of identity documents to embark on them.
- Carrying out illicit activities, contrary to the good faith, customs, morals or law and order.
- Carrying out activities that constitute a violation of the intellectual and industrial property regulation or any other rule of law applicable.
LIABILITY AND RESPONSIBILITY DISCLAIMERS AND LIMITATIONS – AGREEMENT
WE SUGGEST YOU READ THIS SECTION CAREFULLY AS IT LIMITS AQUATICKETS RESPONSIBILITY AND LIABILITY BEFORE YOURSELF REGARDING ANY INCONVENIENCES THAT MAY ARISE REGARDING USE OF THIS WEBSITE AND ANY PURCHASES MADE IN OUR OFFICES. IF YOU DO NOT UNDERSTAND THE CONDITIONS OF THIS SECTION OR ANY OTHER PART OF THIS AGREEMENT, CONSULT A LAWYER TO CLARIFY ANY DOUBT BEFORE ACCESSING AND USING THIS WEBSITE OR MAKING A PURCHASE IN ANY OF OUR OFFICES.
THE INFORMATION, CONTENTS, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE MAY CONTAIN INACCURACIES OR ERRORS, INCLUDING ERRORS OF PRODUCT AVAILABILITY AND PRICES. AQUATICKETS, AND ITS CORPORATE SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, THE “AQUATICKETS GROUP COMPANIES”) DO NOT GUARANTEE THE ACCURACY OF THE PRODUCT INFORMATION AND DESCRIPTIONS SHOWN ON THIS WEBSITE (INCLUDING, WITHOUT LIMITING, THE PRICES, AVAILABILITY, PHOTOGRAPHS, FEATURES, INCLUSIONS, EXCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, OPINIONS, REVIEWS, ETC.) THEY NEITHER ASSUME ANY RESPONSIBILITY FOR ERRORS AND INACCURACIES IN SUCH INFORMATION AND DESCRIPTIONS OF SUCH PRODUCTS AND SERVICES. IN ADDITION, AQUATICKETS EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERROR OF AVAILABILITY AND OF PRICES ON OUR WEBSITE AND/OR ON PENDING BOOKINGS MADE WITH AN INCORRECT PRICE.
THE AQUATICKETS GROUP COMPANIES DO NOT MAKE ANY STATEMENT REGARDING THE SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND SERVICES THAT ARE ON THIS WEBSITE NOR ANY OF ITS PARTS, FOR ANY PURPOSE, AND THE INCLUSION OR THE OFFERING OF ANY OF THE PRODUCTS OR SERVICES OF THIS WEBSITE DO NOT CONSTITUTE ANY FORM OF ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES ON BEHALF OF THE AQUATICKETS GROUP COMPANIES. ALL THE INFORMATION, CONTENTS, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY FORM OF GUARANTEE. THE AQUATICKETS GROUP COMPANIES DISCLAIM ALL GUARANTEES AND CONDITIONS, AS WELL AS OTHER TERMS OF ANY KIND, REGARDING THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE AQUATICKETS GROUP COMPANIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AQUATICKETS HEREBY DISCLAIMS ALL GUARANTEES AND CONDITIONS, REGARDING THE INFORMATION, CONTENTS, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLICIT GUARANTEES AND CONDITIONS, REGARDING MERCHANTABILITY, THE ADEQUACY FOR A PARTICULAR PURPOSE, THE OWNERSHIP, PEACEFUL POSSESSION AND NON INFRINGEMENT.
AQUATICKETS ALSO EXPRESSLY DISCLAIMS ANY GUARANTEE OR STATEMENT, AS WELL AS OTHER TERMS OF ANY KIND, REGARDING THE ACCURACY OR PRIVATE NATURE OF THE WEBSITE CONTENT.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT AQUATICKETS LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD; (III) FRAUDULENT STATEMENT; (IV) DELIBERATE BREACH OR GROSS NEGLIGENCE; OR (V) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
THE THIRD PARTY PROVIDERS AND THE PRIVATE TOUR GUIDES THAT PROVIDE PRODUCTS AND OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE AQUATICKETS GROUP COMPANIES. THE AQUATICKETS GROUP COMPANIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, STATEMENTS, GUARANTEES, BREACHE OR MISCONDUCT OF ANY OF SUCH PROVIDERS OR PRIVATE TOUR GUIDES, NOR OF ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM THE BOOKING, OR THE USE ON YOUR BEHALF OF A PRODUCT OR SERVICE. THE AQUATICKETS GROUP COMPANIES WILL NOT BE LIABLE FOR NOR WILL MAKE REFUNDS IN THE EVENT OF SUFFERING ANY FORM OF DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, NOR BE LIABLE FOR ANY ADDITIONAL EXPENSE, OMISSION, DELAY, ITINERARY CHANGE OR THE ACTION OF ANY GOVERNMENT OR AUTHORITY.
UNDER THE ABOVE, YOU USE THIS WEBSITE AND THE SERVICES PROVIDED IN OUR OFFICES AT YOUR OWN RISK AND THE AQUATICKETS GROUP COMPANIES (OR ITS EXECUTIVES, DIRECTORS AND AFFILIATES) SHALL NOT BE LIABLE IN ANY EVENT FOR THE LOSS, DAMAGES, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR FOR ANY LOSS OF REVENUE, PROFITS, GOODWILL, DATA, CONTRACTS OR USE OF MONEY, NOR FOR THE LOSSES OR DAMAGES CAUSED BY THE FOLLOWING FACTS OR RELATED TO THEM: BUSINESS INTERRUPTIONS OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE LOSS OF DATA OR INFORMATION AND THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES COSTS); THE ACCESS, DISPLAY OR USE OF THIS WEBSITE BY YOU; THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, AMONG OTHER ASPECTS, YOUR TRUST IN THE COMMENTS AND OPINIONS THAT APPEAR ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITE, PRODUCT OR SERVICE OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING FROM THE ACCESS, DISPLAY OR USE OF THIS WEBSITE). THE FOREGOING SHALL APPLY TO LOSSES OR DAMAGES REGARDLESS OF THEIR BASIS, WHETHER NEGLIGENCES, CONTRACT, GRIEVANCE OR STRICT LIABILITY OR OTHERWISE, EVEN IF AQUATICKETS HAS BEEN NOTIFIED THE POSSIBILITY OF THEM OCCURRING.
THESE TERMS AND CONDITIONS, AS WELL AS THE ABOVE DISCLAIMERS DO NOT AFFECT MANDATORY STATUTORY RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
PAYMENT AND CANCELLATIONS
Payment of SERVICES booked through the WEBSITE and OFFICES will be made in advance, unless otherwise expressly stated.
The purchase of any PRODUCT will only be effective in the moment that AQUATICKETS, takes the payment validly with either cash or credit card in the OFFICES, or on the WEBSITE through credit card, debit card or payment platforms such as Stripe or Paypal, until that time they can be cancelled by AQUATICKETS.
The fact of requesting a booking on the WEBSITE implies commitment by the customer to authorize the charge on the credit card that is supplied the full amount of the booked SERVICE. The credit card data provided on the WEBSITE will be managed directly by the bank concerned without any intervention from AQUATICKETS. AQUATICKETS in no case records, saves or has access to the USERS credit card data.
To ensure service quality and USER satisfaction, the SERVICES booked through the platform will be billed by AQUATICKETS acting always on behalf of our suppliers. When you book any SERVICE you will receive a voucher by email with a detailed description of the booked SERVICE and the provider data. If you require a bill, you must inform us of the voucher locator number to make the appropriate operation.
Cancellation of bookings by the USER
You can make an early cancellation of the booked SERVICES requesting so to our Customer Service department by email at email@example.com or contacting one of our OFFICES.
Cancelling a booking with AQUATICKETS may result in the application of cancellation fees, as described below. The provider or individual tour operator may charge additional fees. When you cancel any booking, you will be notified in person, by email or by telephone the total amount of the cancellation fees.
- If the USER cancels their booking more than 72 hours in advance we will proceed to refund 93% of the purchase amount, deducting 7% in concept of cancellation fees.
- If the USER cancels their booking more than 24 hours and up to 72 hours in advance we will proceed to refund 50% of the purchase amount.
- If the USER cancels their booking within 24 hours prior to the date of the SERVICE the USER shall not be entitled to any purchase refund.
The value of the transaction may be subject to taxes, duties, fees for foreign transactions, foreign exchange, or other charges. Your bank or your debit or credit card entity may convert the payment to local currency and charge fees, which will make a difference between the amounts shown on touristticket.com and the AQUATICKETS affiliated websites and the final amounts charged on your bank account or your debit or credit card extract. Contact your bank or debit or credit card entity if you have any questions about the conversion rates or the applicable fees.
It is not possible to obtain any refund once a visit or SERVICE has started nor concerning any type of package, accommodation, meals or SERVICES used, except in accordance with the legal rights that assist you.
Cancellation of plans by the organizer
If the provider decides to cancel the PRODUCT or SERVICE for any reason not attributable to AQUATICKETS management we offer the following options:
- An alternative date for the activity.
- If the previous option does not suit you, we offer the possibility to enjoy an alternative service for a similar amount as the booked activity.
- If the previous option does not suit you you can request to be reimbursed 100% of the purchase amount in the same form of payment in which the payment was made.
IMPORTANT: In the case of credit card payments, you can only claim a refund by submitting your purchase ticket and the credit card receipt in the same OFFICE where your purchase was made.
OPINIONS, COMPLAINTS AND CONFORMITIES
Opinions. We want to continuously improve the quality of our service and for you to help us do so. Therefor, when taking part in a tour or activity we will ask for your opinion and if you wish, we can publish your recommendations and comments on our website, or simply make your comments to our suppliers.
Complaints for services rendered by the Provider. Complaints or claims originating in the services provided by the Provider of a PRODUCT, SERVICEor activity should be directed to the Provider, first. To improve the quality of the service we would need your complaint to reach us through any of the following Customer Service channels that you can find at http://touristticket.com/contact-us/, by telephone (+34 928 514 322) or by email (firstname.lastname@example.org).
Complaints for services rendered by AQUATICKETS. Complaints or claims originating from information, advice or intermediary services and provided by AQUATICKETS, should be addressed to TOURISTTICKET. For this we have legally established Claims Forms at your disposal that you can fill in at our headquarters (Calle Teide 8, Local C – Puerto del Carmen – Lanzarote) or request them from Customer Service by telephone (+34 928 514 322) or by email (email@example.com).
This entire WEBSITE: text, images, brands, graphics, logos, buttons, software files, colour combinations, as well as the structure, selection, arrangement and presentation of its contents; is owned by AQUATICKETS and reproduction, distribution, public communication and transformation, retransmission, copying, transfer of total or partial broadcasting of the information contained in these pages is strictly prohibited regardless of their purpose and the means used for it.
The USER agrees to use the services and contents of our website in accordance with the Law and the general and specific terms and conditions of the services that AQUATICKETS offers at all times, and must refrain from using them for:
- Entering data in the network programmes that could cause damage to the AQUATICKETS computer systems, its providers and third party users of the internal network or this website.
- The USERS can not establish links to websites, from the AQUATICKETS website, without the written consent of AQUATICKETS.
- All reproductions, transformation or distribution of such contents, as well as any act of decompilation or reverse engineering, outside access, display or reproduction thereof through AQUATICKETS is strictly forbidden. In no event any type of extraction, reuse and/or exploitation of contents that suppose acts contrary to the provisions of these conditions or that harm the rights or interests of the service provider, AQUATICKETS, or third parties.
- Broadcasting content that is racist, xenophobic, pornographic, advocacy of terrorism and/or that violate human rights.
AQUATICKETS will not be liable, directly or indirectly for:
- The information introduced by users, collaborators and third parties..
- Infringement by the USER of intellectual and industrial property rights, the right of honour, personal and family privacy and personal image (photographs, videos), property rights and all other rights belonging to a third party as a result of transmission, distribution, storage, availability, reception or access to the content.
- The links and hypertext which, through the WEBSITE allow the USER to access features and services offered by third parties, do not belong to and are not controlled by AQUATICKETS, who will not be responsible for the information contained therein, or any effects that might result from such information. AQUATICKETS does not sponsor or guarantee any of these third party websites, which have been included for USER convenience.
AQUATICKETS reserves the right to deny or withdraw access to the Portal and/or the SERVICES at any given time and without prior notice to USERS that violate these General Conditions .
In cases where it is not yourself who will benefit from the booking, you expressly agree to obtain consent from those third parties who should benefit from it, before communicating their data to AQUATICKETS.
These conditions are subject to Spanish Law. The Arrecife Courts, Lanzarote, shall have jurisdiction in any dispute derived from this conditions, except that, in accordance with Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users, the counterparty has the condition on consumer or USER, in which case the courts of the consumer’s residence shall have jurisdiction.
If any clause in these general conditions is declared fully or partially invalid or unenforceable, such invalidity or unenforceability will affect only that provision or part thereof that is invalid or unenforceable, subsisting the general conditions in everything else, taking such a provision, or part thereof that is affected, as not put.