General Conditions for the Website www.canaries.net
V1 011207- EN
This website is operated by TOURISMIA.
We act as an intermediate between accommodation owners in the Canary Islands and users in order to provide our users with the possibility to search and request booking for accommodations in the Canary Islands.
The present conditions of use are valid from December 1, 2007.
This edition cancels and replaces the former versions.
1. Definitions and application field
1.1 Definitions
The definitions below have an identical mean which they are used in the singular or plural.
The term "Website" refers to the Website www.canaries.net.
The term "User" refers to the user visiting the Website and/or booking a reservation through us on this Website.
The term "Partner" refers to the accommodation owner in the Canary Islands.
The term "Service" refers to the accommodation service.
1.2 Application field
The present conditions (hereafter the "General Conditions") apply to the use of the Website.
The particular conditions (hereafter the "Particular Conditions") of the Partners are also applicable.
The booking of Services is reserved to the Users having taken knowledge of these General Conditions and the Particular Conditions in their entirety, in a way preliminary to their booking and having accepted them without reserve.
Any booking involves full and whole acceptance these General Conditions and the Particular Conditions in checking the validation box before the electronic sending of the availability request.
Without this validation, the continuation of the booking process is technically impossible.
The General Conditions and the Particular Conditions can be modified at any time without prior notice.
The User must be sure to return to this page periodically to review the most current version of the General Conditions.
2. Book on the Website
2.1 Capacity - Use of the Website
This Website is provided solely to assist customers in gathering accommodation information in the Canary Islands, determining the availability of the Service, making legitimate reservations and for no other purposes.
The User must be old at least 18 years of age, possesses the legal authority to create a binding legal obligation and use the Website in accordance with the General Conditions.
The User will only use the Website to make legitimate reservations for him or for another person for whom he is legally authorized to act.
All information supplied by the User on the Website is true, accurate, current and complete.
We retain the right at our sole discretion to deny access to anyone to the Website and the Services we offer, at any time and for any reason, including, but not limited to, for violation of the General Conditions.
2.2 Booking, booking modification and cancellation, booking transfer
Booking
When the booking is confirmed, the Website sends to the User an electronic booking confirmation per e-mail at the e-mail adress given by the User when he sends the quote request.
If the booking confirmation could be sent cause of a bad e-mail adress communicated by the User, the Website could not be responsible.
If the User receives no answer at the e-mail adress communicated in the quote request during 7 days after the quote request, the Use must inform the Website per e-mail at : bookings(arobase)canaries.net.
All the mentions on the booking confirmation will be accepted by the User if he does not claim per e-mail at :
bookings(arobase)canaries.net
The mentions could be contested if they are different from the quote request.
Booking fees
The Website does not charge a booking fee when the User makes a reservation. Our online service is free.
Booking modification
Each booking modification request must be sent at the e-mail adress : bookings(arobase)canaries.net.
In case of a booking modification requested by the User and in case a complement of deposit payment is required, the booking modification will be definitively accepted at the day of the complement of deposit payment.
In case of a booking modification requested by the User, the price of the new booking could be superior to the booking price of the first booking.
In case of unavailability or impossibility to modify the booking, the original booking must be executed by the User.
Booking modification fees
The Website does not charge a booking fee when the User modifies a booking. Our online service is free.
Booking cancellation
Each booking cancellation request must be sent at the e-mail adress : bookings(arobase)canaries.net.
The deposit refunding of the Service will be granted only with prior agreement of the Partner.
In case of impossibility to modify the booking, the original booking must be executed by the User.
In the event of refunding granted to the User, the amount will be credited on the PayPal account used at the time of the reservation.
The no-show at the accommodation by the User, even if caused by a delay of pre-routing, will be considered as cancellation by the User, even if this delay is independent from the User willingness.
No refunding will be able to take place in the event of shorten stay or for the non-consumption of Service for whatever cause.
The banking fees PayPal relating to the deposit payment of the reservation and the banking fees PayPal relating to the refunding on the PayPal account used for the reservation will not be refunded.
Booking cancellation fees
The Website does not charge a booking fee when the User cancels a booking. Our online service is free.
Booking transfer
Each booking transfer request must be sent at the e-mail adress : bookings(arobase)canaries.net.
The User must inform the Website of the booking transfer at the latest 7 days before the beginning of the Service, by indicating the names and address of the transfert's beneficiary with the confirmation of the same original conditions previously booked (same accommodation, same pension scheme, an even number of persons; in particular for the children who must have in the same age brackets as such defined in the initial booking).
In case of impossibility to transfer the booking, the original booking must be executed by the User.
Booking transfer fees
The Website does not charge a booking fee when the User transfers a booking. Our online service is free.
2.3 Proof
It is expressly agreed that, except glaring error that the User would report to the Website, the data preserved in the information system of the Website and/or of its Partners have conclusive force as for the booking that the User places.
The data on machine readable or electronic medium preserved the Website constitute evidence.
If the Website produces them like evidence in any contentious or different procedure, they will be admissible, valid and opposable between the parts in the same way, under the same conditions and with the same conclusive force as any document, which would be drown up, receive or preserve in writing.
3. Details of the Services
The object of this article is to propose details of the Partner Services.
These details are not exhaustive and they do not replace the Particular Conditions.
The Website will inform you in the event of modification of the Service as soon as we will be awared.
Check-in and check-out
Rooms are generally available from 2pm and on the day of arrival and check-out time is 12h on the day of departure.
Accommodation ratings
The accommodation ratings in the description of the accommodation on the Website are provided by the Partners and correspond to the Spanish local standards.
Accommodation ratings are provided only as an indication.
Activities
An activity proposed by the Partner in the accommodation description can be cancelled at any moment particulary for weather reasons, case of absolute necessity or when the number of participants is not sufficient.
No refunds will be offered in the case of our cancellation of an activity by the Partner.
Meals
The number of meals depends on the number of nights spent at the accommodation.
Full board includes breakfast, lunch and dinner.
Half-board includes breakfast and lunch or dinner depending on the Partner.
Full-board and half-board begin with the meal preceding the first night and end with the breakfast following the last accommodation night.
Drinks are not included except expressly mentioned in the description on the Website.
In lack of drinking water, the buy of bottled water is with the load of the User.
Photos
The photos will only be a general representation of the accommodation.
Actual design, fixtures, furnishings and facilities may vary from those shown on the photos.
4. Rates
The rates are indicating in Euros and are all taxes included.
Accommodation prices are calculated according to the number of nights and not number of days.
Generally, insurance, services at the airport, visa fees, excess luggage, transfers from/to the airport, vaccination, telephone calls, tips, excursions and all the personal expenses are not included in the rates.
Prices published on the Website can be modified without prior notice.
5. Payment
The deposit requested by the Partner for the booking can be paied by credit card or by PayPal account through the secured system payment PayPal.
The total amount of the deposit must be paied within 24H following the send of the electronic booking confirmation.
If the total amount of the deposit is not paied within 24H, the booking is automatically cancelled without fees.
The balance of the booking is paied to the Partner in the Canary Islands.
6. Complaints
Any complaint must be must be sent within 30 days of returning from your trip at the e-mail adress : info(arobase)canaries.net.
Complaints will be only allowed if the difficulties would have been communicated to the Website or to the Partner during the stay in the accommodation in order to find a solution.
No complaint will be accepted after a 30 days period from date of the stay at the accommodation.
7. Responsibility and guaranty for the use of the Website
The Website does not guarantee that the information, Services, software provided on the Website will be of anomalies or errors and bugs.
Nor that those could be correcting, neither that the Website will function without interruption or breakdowns, nor still which it is compatible with a material or a particular configuration other than that expressly validated by the Website.
The Website is in any case responsible for ascribable dysfunctions has software of third that those or not built-in in the Website or are provided with this one.
In any case, the Website will not be responsible for the consequential damages and/or immaterial, foreseeable or unforeseeable (including the loss of profits or opportunity...) rising from the supply and/or the use or total or partial impossibility to use the services provided from the Website.
The Website, which cannot control the whole of the sites on which they return via hypertext links, which only exist to facilitate research of the User, the Website, is not in any case responsible for their contents.
The User states to know the characteristics and the limits of the Internet, in particular its technical performances, the response times to consult, to question or to transfer data and the risks related to safety of the communications.
8. Intellectual property
8.1. General
The Website is titular of all the rights of ownership intellectual relating to the Website, which belongs to him or holds the rights of related user.
The access to the Website does not confer any right to yhe User on the rights of ownership intellectual relating to the Website that remain the exclusive property of the Website.
The accessible elements on the Website, in particular in the form of texts, photographs, images, icons, sounds, videos, software, data bases, data are also protected by rights of ownership intellectual and industrial and other rights privative that the Website holds.
The User cannot reproduce, represent, modify, transmit, publish, adapt, on some support that it is, by some means that it is, or to exploit some manner that it is, whole or part of the Website without the preliminary written authorization of the Website.
The Website expressly retains straight not expressly granted by the present ones at the User, which will not be able to claim to use about it or profit from it.
The exploitation authorized not beforehand by the Website, with some title that it is, of whole or part of the Website could be the subject of any adapted action, in particular of an infringement proceeding.
Only the use of a no substantial part of the Website at strictly private and non-commercial purposes is authorizing.
The insertion of hypertext links towards part of the Website is prohibits without preliminary and written authorization of the Website.
8.2. Software
The use of any software downloaded from the Website making it possible to reach certain services is governing by the terms of the licence accompanying it.
The User commits himself not to install copy or be using this software.
For the software, it is conferred to the User a right of user temporary, is deprived, professional, personal, no transmissible and nonexclusive on this software in order to be able, exclusively, to reach the services which return the use of this software necessary.
By using the software, the User commits himself observing this condition.
9. Privacy policy
The personal information of the User is needed for the reservation management and is completely confidential.
The data collected on the Website can only result from the voluntary registration of data of a personal nature.
These data are not transferred to any commercial company or other organisation under any circumstances except to PAYPAL for the deposit and to your selected accommodation for the booking.
In accordance with the law of 2nd August 2002 in relation to the protection of persons as regards the processing of data of a personal nature, implementing the european Directive 95/46/EC, you have the right to access the information concerning you and the right to rectify any incorrect information.
If you wish to exercise these rights, please contact the Website at the e-mail adress : info(arobase)canaries.net.
10. Applicable jurisdiction
This Website is operated by a luxemburgish entity and these General Conditions are governed by the laws of Luxembourg.
The User hereby consents to the exclusive jurisdiction and venue of courts in Luxembourg, in all disputes arising out of or relating to the use of this Website.
Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
11. Final provisions
The fact that the Website is not prevailed, at a given time, of one of these General Conditions provisions could not be interpreted like being worth renunciation by these last to prevail itself later on of unspecified of the aforesaid provisions.
If one of these General Conditions provisions would be, declare null or without effect, this provision famous would be not writing, without that not affecting the validity of the other provisions, except if the provision declared null or without effect were essential and determining.
Any case of absolute necessity suspends the obligations of present affected from the case of absolute necessity, and exonerates from any responsibility, the part that should have made the obligation thus affected.
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