General terms and conditions for bookings
§ 1 Scope & defense clause
(1) The following general terms and conditions in the respective version at the time of the order apply exclusively to the legal relationships between the operator of the site (hereinafter referred to as “provider”) and its customers.
(2) Deviating general terms and conditions of the customer will be rejected. These only become effective if they are expressly confirmed in writing by the provider.
§ 2 Conclusion of the contract
(1) Provider of the hikes is Graja-Tours La Palma.
(2) The sale is made on behalf of:
Graja-Tours La Palma – Lotte von Lignau Y4585347N
Camino Cruz Chica 125 | ES-38760 Los Llanos de Aridane
(3) The presentation of the offer on www.graja-tours.com does not represent a binding offer by the provider to conclude a purchase contract. The customer is only asked to submit an offer by placing an order.
(4) By clicking on “Book” in the ordering process, the customer submits a binding offer aimed at the conclusion of a purchase contract for the offers listed on the booking form. By sending the order, the customer also recognizes these terms and conditions as solely relevant for the legal relationship with the provider.
(5) The provider confirms receipt of the customer’s order by sending a confirmation email. This order confirmation represents the acceptance of the contract offer by the provider. It also serves to inform the customer that the order has been received by the provider.
§ 3 the right of withdrawal for consumers
The services and products offered by Graja-Tours.com include an exception to the Spanish right of withdrawal in accordance with Real Decreto Legislativo 1/2007 of November 16th, Article 103 Section l, which states that the right of withdrawal does not apply to contracts relating, among others, to: relate: l) The provision of services related to leisure activities when the contracts provide for a specific date or period of execution.
§ 4 Payment
The tours are paid for in advance by bank transfer or credit card in accordance with the ordering process.
§ 5 Maturity
The payment of the purchase price is due according to the payment agreements in the order selection upon conclusion of the contract.
§ 6 Cancellation
A cancellation must always be made in writing, by email to moc.sruot-ajarg@ettoL. In the event of cancellation for an important reason (illness, flight cancellation), the invoice amount will be refunded. In the event of non-appearance or cancellation for trivial reasons, we retain a cancellation fee of
• 10% of the invoice amount, but at least 15 euros if cancellation is made up to 24 hours before the hike
• 50% of the invoice amount if canceled 24-12 hours before the hike
• 100% of the invoice amount on the day of the hike.
There is no additional processing fee for a cancellation.
In consultation, it is possible to provide a replacement partner on the same terms or to find an alternative date for a hike.
§ 7 implementation / disclaimer (Graja-Tours La Palma)
(1) The hikes usually take place with a minimum of 4 or 6 participants. The customer should call (+34 681 637 522) by 7:00 p.m. (GMT) the day before the hiking tour to inquire about the organization of the event. In the event of failure, paragraph 2c applies accordingly.
When booking a private tour, you must always wait for a written confirmation from the hiking guide regarding the customer’s desired date, as this could overlap with a regular tour. Here, too, in the event of a failure, para. 2c.
(2)
a. Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies to the legal representatives and vicarious agents of the provider if the customer asserts claims against them.
b. If the hiking tours are affected by fuerza mayor, such as strikes, war, earthquakes, volcanic eruptions, power and water cuts customary in the country, storms or illness of the guide, there is no right to implementation.
c. Substitute hikes are offered. If these cannot take place either, the amount will be refunded.
(3) Excluded from the exclusion of liability are claims for damages due to injury to life, limb, health and claims for damages resulting from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. Also excluded from the exclusion of liability is liability for damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
§ 8 Transfers
(1) The transfer of the participants from their accommodation or from an agreed meeting point is included. Self-drive discounts are available on select tours and upon request.
(2)
a. La Palma West: The transfer covers the journey from the meeting point Los Llanos de Aridane following the regular route to the starting point of the respective hike and back. It is possible to discuss other boarding options.
b. La Palma East: If the hike takes place in the east of the island, the journey extends from the meeting point in Los Cancajos, following the regular route to the starting point of the respective hike and back. If the hike takes place in the west, the transfer of customers from the east begins in Los Llanos. It is possible to discuss other boarding options.
c. Cruise ships: The transfer extends to the journey from the port of Santa Cruz de La Palma, following the regular route to the starting point of the respective hike and back. On the tour to the restricted area to the new volcano from the meeting point in the center of El Paso.
§ 9 Assignment and pledging prohibition
The assignment or pledging of the customer’s claims or rights against the provider is excluded unless the provider agrees in writing. The provider is only obliged to give consent if the customer can prove a legitimate interest in the assignment or pledging.
§ 10 Offsetting
The customer only has the right to offset if the claim made for offsetting has been legally established or is undisputed.
§ 11 Choice of Law & Place of Jurisdiction
(1) The respective national law applies to the contractual relationships between the respective provider and the customer. The application of the UN sales law is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the location of the provider, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 12 Complaints
The user, as a consumer, can lodge a complaint or complaint by sending a message to moc.sruot-ajarg@ofni or by sending a written communication to the registered office indicated in the legal notice of this website. Graja-Tours.com informs of its NOT INVOLVEMENT in the consumer arbitration system and reserves the possibility of participating in it at its own discretion.
In accordance with the provisions of Article 14.1 of Regulation No. 524/2013 of the EU, we inform you that the European Commission provides an online dispute resolution platform as a tool for out-of-court resolution in consumer matters, which is available at the following link: https:// ec.europa.eu/consumers/odr/main
§ 13 Severability Clause
Should any provision of these General Terms and Conditions be ineffective, this will render the remaining provisions ineffective
provisions are not affected.
Los Llanos de Aridane (Spain/SC Tenerife), 04/22/2020