TERMS AND CONDITIONS OF COLLABORATION
1. General information and purpose
Access to the private collaborators’ section of the volcanoteide.com website (henceforth referred to as the “Website”) owned by TELEFÉRICO DEL PICO DE TEIDE, S.A. (henceforth referred to as “TELÉFERICO”), whose details can be verified on the Website, is restricted to individuals or legal entities who, in accordance with the terms of Royal Decree 89/2010 regulating the activity of tourism brokerage in the Canary Islands, hold the status of tourism operator or travel agent (hereafter referred to as the “Partner”), having registered and accepted the present General Terms and Conditions of Collaboration (henceforth referred to as the “General Conditions”).
The Partner confirms knowledge and acceptance of the present General Conditions from the moment they click on the “Accept Conditions” box.
The present General Conditions, together with the specific conditions to be established and their Appendices, will regulate the collaborative relationship between TELEFÉRICO and the Partner who markets the activities offered through the Website (hereafter referred to as the “Activities”).
The present General Conditions have been drawn up in accordance with the terms of the Spanish Law 34/2002, of 11 July 2002, on Information Society Services and Electronic Commerce, Law 7/1998, of 13 April 1998, on General Contract Conditions, and any other legal provision that may be applicable.
TELEFÉRICO reserves the right to modify any of these General Conditions, and the modifications that will apply will be those in effect at the time the Partner purchases the Activities.
By accepting the present General Conditions and, where applicable, the specific conditions and their Appendices, the Partner commits to market the Activities, in accordance with their terms and conditions.
The present General Conditions complement the Legal Notice and the Conditions of Use and Access to the Website. However, in the case of any discrepancy between the said legal documents and these General Conditions, the latter will prevail.
The Partner will market the Activities in accordance with the terms and conditions established in these General Conditions. Any failure to adhere to the present General Conditions by the Partner will give TELEFÉRICO the right to remove the Partner from the system, with immediate effect, and the Partner shall be unable to demand any kind of liability from TELEFÉRICO for the said action.
The conditions of the Activities and their cancellation policy are those published and always available on the Website. By accepting the present General Conditions, the Partner expressly declares that they accept the conditions of the Activities to be marketed, along with the cancellation policy for the same. The act of booking of Activities by the Partner implies full acceptance of the characteristics of the Activities and the cancellation policy.
Contingency plans and cancellation policy
If it is not possible to carry out the activity due to adverse weather conditions or for technical reasons, the full amount shall be reimbursed. In case of cloud cover conditions in the Observatory, the usual itinerary of the visit may be modified.
GUIDED TOUR TO THE PICO VIEJO VIEWPOINT + CABLE CAR
In the event that the cable car cannot be used for safety reasons, due to weather conditions or technical issues, or if the trail from La Rambleta to the Pico Viejo viewpoint is closed due to snow or ice, it will be possible to choose between the following 3 options:
- To change the date of the activity.
- To walk the Montaña Majúa alternative route and change the date of the Cable Car ticket.
- To walk the Montaña Majúa alternative route and request the reimbursement of the cost of the Cable Car ticket.
TEIDE TOUR + CABLE CAR
In the event that weather conditions impede the operation of the cable car for the ‘Teide Tour and Cable Car Ride’ activity, the Partner will be refunded the agreed net value of the following amounts corresponding to the prices of cable car return tickets: €27.00 (non-resident adults) and €13.50 (non-resident children).
TEIDE TOUR + OBSERVATORY
If it is not possible to visit the Teide Observatory due to adverse weather conditions, the Partner will be refunded the agreed net value of the €21.00 rate for non-residents.
SUNSET & STARS
In the event that weather conditions impede the operation of the cable car for the ‘Sunset & Stars’ activity, the sunset shall be enjoyed from the Chío viewpoint from Roques de García, and the Partner will be refunded the agreed net value of the following amounts: €27.00 (non-resident adults) and €13.50 (non-resident children).
CABLE CAR AT SUNSET
In the event that weather conditions impede the operation of the cable car for the ‘Cable Car at Sunset’ activity, the Partner will be refunded the agreed net value of the full amount of the activity.
If it is not possible to carry out the entire activity due to adverse weather conditions, the Partner will be refunded the agreed net value of the full amount.
In the event that weather conditions prevent the visit to the Observatory from taking place, the Partner will be refunded the agreed net value of the admission to the Observatory.
In case of cloud cover conditions in the Observatory, the usual itinerary of the visit may be modified. If weather conditions make astronomical observation difficult, an activity at the Planetarium will be carried out.
In the event that weather conditions impede the observation, the Partner will be refunded the agreed net value of the full amount charged for the activity.
With regard to hiking activities, in the event that weather conditions impede the operation of the cable car, an alternative hike shall be arranged and the Partner will be refunded the agreed net value of the amount corresponding to the price of the cable car ticket.
For all activities, date changes are valid for 1 year provided that the vouchers have not been redeemed. Any change of date or cancellation must be made within a period of no more than 30 days from the date of the initial booking. Up to 3 date changes are permitted.
No charges shall apply to requests for cancellation of bookings.
Partners who book cable car tickets will be able to change the date and time of any unused vouchers issued free of charge up to 30 minutes prior to the time of the original reservation.
For all other activities, date changes or cancellations can be made free of charge.
TERMS FOR GROUPS
- 100% up to one month before the date of the event.
- Free of charge.
GROUPS MIN PAX:
- Minimum number of people in the group for these terms to apply.
Acceptance of the present General Conditions similarly implies acceptance by the Partner of the obligation to provide the end customer with the information they require about the conditions of the Activities (payment method, charges, etc.), and of the cancellation policy.
The Partner must keep secure the keys and passwords provided to enable them to access the system as a registered Collaborator, and the Partner is responsible for the use of the system by any third party to whom the Partner has supplied the said keys and passwords.
The gross prices applicable to the Activities (henceforth referred to as the “Prices”) will be those available at any given time on the Collaborators’ private section of the Website. The same are subject to review and may be changed at any time by TELEFÉRICO, but will be changed a minimum of twice a year, on 1 May and 1 November.
3. Reservation of Activities
The Partner must log onto the Collaborators’ private section of the Website, by providing their user name and password. Once logged onto the section, the Partner must display the “Reservations” option and click on the “New Reservation” button. Next, the Partner must complete a form by entering the necessary information, depending on the type of Activity selected. Once the form has been completed, the Partner must confirm the booking by clicking on the “Finish” button.
The Partner must provide the end customer with either a physical or digital voucher issued by TELEFÉRICO (hereafter referred to as the “Voucher”), which will be the proof of the customer’s eligibility to undertake the Activity, and which will include the details and conditions of the booking—except in cases where the end customer themselves makes the payment, in which case it will be TELEFÉRICO which will provide direct access to the said Voucher under the terms of Clause 5. Payment to be made by the end customer.
Payment methods for Activities are as follows:
Payment to be made by the Partner
- Credit or debit card / PayPal:On selecting this option, the Partner will be transferred to the virtual payment gateway of the bank or PayPal, where they will be required to enter the data from their card or key to effect the payment.
Upon transaction completion, a page is displayed with the details of the reservation and a link to download the Voucher.
- Credit payment: Use of this payment method will require a minimum deposit of €500 in advance, as well as the completion and signing of one of the specific conditions which will result in the signing of a specific contract (henceforth referred to as the “Specific Conditions”).
Use of this form of payment is subject to express prior approval in writing by TELEFÉRICO.
Payment to be made by the end customer
TELEFÉRICO will send an email to the end customer so that they can make the payment directly. The end customer must access the link contained in the said email in order to be transferred to the virtual payment gateway of the bank or PayPal, where they must enter the details of their card or key which are required to effect the payment.
Upon transaction completion, a page is displayed with the details of the reservation and a link to download the Voucher.
Both virtual gateways are completely unrelated to TELEFÉRICO, and therefore TELEFÉRICO will not store either the bank details, or any card or key numbers belonging to the end customer. Any problem or malfunction of the payment gateways (online POS) is the responsibility of the payment gateways used by the relevant bank or PayPal system, as the owners or developers of the payment platforms.
The Partner’s remuneration will consist of a commission, payment of which will result from the application of a percentage discount to the prices of the Activities. The percentage discount for each of the Activities is that published at any given time in the Collaborators’ private section, and may be subject to modification at any time.
The invoicing method varies according to the selected method of payment:
Payment to be made by the Partner
TELEFÉRICO will issue invoices to the Partner.
The invoices will reflect the amount remaining after the percentage discount has been applied to the Prices (Net Amount).
Payment to be made by the end customer
The Partner will issue invoices to TELEFÉRICO.
The invoices will reflect the commission charge applicable to the Activities in accordance with the commission payment rates published in the Collaborators’ private section.
TELEFÉRICO will make payment on the basis of:
- the Vouchers redeemed for Teide Cable Car tickets during the immediately preceding month;
- the Activities actually provided to the PARTNER’S customers during the immediately preceding month.
8. Intellectual and industrial property
8.1 Intellectual property
By providing the Partner with marketing materials (slides, CDs, DVDs, logos, brochures, catalogues, images, etc.) (hereinafter “Materials”), TELEFÉRICO authorises for these items to be reproduced, distributed and publicly shared solely to fulfil the purpose of this Contract. Unauthorised use of these Materials is not permitted by TELEFÉRICO.
The Partner agrees that its use of these Materials does not grant intellectual property rights over the content, elements or any components created to render the services and that comprise the Materials provided by TELEFÉRICO.
8.2 Industrial property
TELEFÉRICO confirms to the Partner that it owns the “VOLCANO TEIDE EXPERIENCE” and “LIVING SANTA CRUZ” brands (hereinafter the “Brands”) along with any industrial property rights that are used by virtue of the collaborative relationship that is the subject of the present General Conditions, or that it has obtained authorisation from the corresponding owner to comply with the applicable obligations.
For all intents and purposes, the Partner agrees that its use of the Brands and any other industrial property rights owned by TELEFÉRICO, for the purposes specified in this Contract, does not grant the Partner any rights over those items.
TELEFÉRICO authorises the Partner to use these industrial property rights, such as brands, trade names, etc., strictly for the purpose of the present General Conditions (First Clause) and only when the collaboration is in effect, and they may not be used for any purposes not specified in these General Conditions.
The Partner agrees not to buy or hire as keywords the trademarks of TELEFÉRICO, nor expressions such as “cable car”, “Teide cable car”, “Tenerife cable car”, “cable car Teide”, “cable cab”, “shuttle”, “funicular”, “chair-lift” or “ski-lift”, or any of their variants, including grammatically incorrect variants, regardless of the language in which they are expressed, from the “Google Ads” service, or any similar platform, or to use them as metatags for the purpose of obtaining a competitive advantage in relation to TELEFÉRICO.
The Partner must include the broadly matching negative keywords appearing in Appendix [*] in the Search Network of their “Google Ads” account, or in any similar platform used by the Partner.
The list of negative keywords must be included in every campaign, regardless of the language or the audience at whom they are aimed.
TELEFÉRICO reserves the right to revise and correct the above-mentioned list at any time, and the Partner shall be obliged to immediately update their “Google Ads” or similar account, once they have been notified of any modification.
Additionally, the Partner agrees to take the necessary measures aimed at safeguarding the TELEFÉRICO brands, trade names or industrial property rights, whilst the present General Conditions are in effect and afterwards.
Within the framework of the obligations specified in the present General Conditions, the Partner’s use of the TELEFÉRICO brands, trade names, logos, corporate image or any other industrial property rights will always require prior supervision and written approval from TELEFÉRICO, which must also authorise the placement and final location of its identifying symbols in the documents or formats created by the Partner.
Once the collaboration that is the subject of the present General Conditions has been terminated, for any reason, the Partner may no longer use the identifying symbols referred to in this Clause.
Additionally, on termination of the collaboration that is the subject of the present General Conditions, the Partner may no longer use the Materials, brands or images of the Activities marketed by TELEFÉRICO, and the Partner must return all the Materials within one (1) month. Failure to do so will result in the Partner being legally liable for the unauthorised use of those Materials.
The Parties agree to mutually indemnify and hold each other harmless in the event of a claim and/or payment of an amount linked to and/or resulting from the failure to comply with and/or violation of the other Party’s industrial or intellectual property rights or the failure to comply with any of the obligations specified in this Clause.
9. Personal Data Protection
The Partner verifies that they are a professional entity or that they represent an entity related to the tourist sector. Notwithstanding the foregoing, the personal details gathered during the time the Partner is connected to our website for online ticket sales shall be used exclusively for the purpose of placing the order. Personal data will not be provided to third parties.
Duty to inform
Under the Spanish Law on Data Protection and Guarantee of Digital Rights [Ley Orgánica de Protección de Datos y garantía de los derechos digitales (LO 3/2018)] and the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016, the details of the PARTNER will form part of a file for which TELEFÉRICO is responsible. This file, which will be treated confidentially, is for the purpose of fulfilling the contractual relationship with the Partner. The Partner also has the rights of access, rectification, cancellation and objection (ARCO), and the option of withdrawing its consent, which it may exercise by writing to the address given in this agreement or by e-mailing firstname.lastname@example.org. The following information must be provided: full name and photocopy of identity document, the right it is wished to exercise and the content and purpose of the request as well as the address for notification purposes, date and signature. Exercising the right of cancellation will mean that the agreement is deemed to be terminated by TELEFÉRICO, and all of the documentation held by TELEFÉRICO will be returned. In accordance with the new EU REGULATION 2016/679, Partner may also exercise the following rights: the right to be forgotten (as a result of application of the right to erasure of personal data), the right to restrict the processing of data and the right to data portability. TELEFÉRICO will allow and facilitate the exercise of these rights on receipt of applications submitted via electronic media to the email address provided. TELEFÉRICO will inform the applicant of the results of his/her request within one month.
TELEFÉRICO represents and warrants that the data have been collected in compliance with the LOPD and the new EU REGULATION 2016/679, and that it complies with all the obligations laid down therein. TELEFÉRICO hereby undertakes to access the personal data disclosed to it by the Partner under the conditions and in accordance with the requirements laid down in Article 33 of the Spanish Law 3/2018 and in the EU REGULATION 2016/679, when such access is necessary for the provision of the services that are the purpose of this Agreement. TELEFÉRICO will only process personal details in accordance with Partner’s instructions and will not use them for any purpose other than that envisaged, and will not disclose them to third parties even for storage purposes. Under no circumstances will TELEFÉRICO provide data to third parties, except under legal obligation. TELEFÉRICO is obliged to adopt and implement the necessary technical and organisational security measures that guarantee the security of personal data and prevent their alteration, loss and unauthorised processing or access, in accordance with the provisions of the EU REGULATION 2016/679, on the protection of personal data.
In this respect, the Partner undertakes to guarantee at least the same security measures as TELEFÉRICO, and if the nature of the data makes them subject to greater protection, the Partner will undertake to comply with adequate measures for that protection. Once the contractual service stipulated herein has been provided, TELEFÉRICO must destroy or, if instructed to do so, return the personal data, together with any media or documents containing any personal data that have been processed without keeping any copies of them and without any natural person or corporate entity having knowledge of them. TELEFÉRICO accepts no responsibility arising in the case of any claim for non-fulfilment of anything previously guaranteed.
In accordance with EU REGULATION 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016, Article 13, the appointed Data Protection Officer is GAC ACOSTA&TORRES, S.L.. (Company Tax/VAT registration number CIF: B-38878260) whose registered office is at Calle Doctor Pisaca 6, 2º, 1º, postcode 38400, Puerto de la Cruz, Santa Cruz de Tenerife. Telephone: +34 922 38 14 22. E-Mail: email@example.com
The parties hereto acknowledge that in performing this Agreement they will have access to Confidential Information of the other party, understood to mean all information that the parties have not expressly declared to be non-confidential, including but not limited to, business, commercial or technical information. Neither of the Parties is authorised to publish, disclose or disseminate the Confidential Information in any way or by any means, or to use it for its own benefit or that of any third parties without the prior written agreement of the other party.
The parties hereto have an obligation to keep secret all information concerning the data stored in their computer systems and keep them confidential and only use them for the specific purposes for which they were provided.
The Partner may consult additional, detailed information on Data Protection on our website: www.volcanoteide.com/en
10. Documentation and language
The present General Conditions may be accessed at any time in this section, and may be printed and stored by the Partner.
The present General Conditions were originally written in Spanish, and may be translated into other languages. In the case of any conflict between these translations and the original Spanish text, the latter will prevail.
11. Jurisdiction and Applicable Legislation
In the resolution of any dispute that may arise in connection with the interpretation or application of the present General Conditions, Spanish law will apply. For the resolution of any dispute, the parties agree to submit to the courts and tribunals of Santa Cruz de Tenerife, waiving their right to any other jurisdiction.