Version 01.04.2019
1. Introduction
This website is maintained by gettivity. You can reach gettivity by email at [email protected] or on the telephone at 0034 / 633 790 148.
Contact:
Hannes Maximilian Jacobius
Barranco San Vicente, Pista Quintero 42 A
38700 Santa Cruz de La Palma
NIF: Y4878276J
I-0004575.1
The usage of the website ‘gettivity.com’ – hereafter referred to as ‘gettivity’ or ‘we’ – is subject to these terms of use in compliance with the data protection declaration. In addition, purchases via the website are subject to the Terms and Conditions.
Consumer means every natural person engaging in a transaction which overwhelmingly cannot be assigned to commercial or independent economic activity.
Merchant is a natural or legal entity who acts commercially or independently at the time of conclusion of a legal transaction.
gettivity offers this booking platform as a brokerage service for visitors and suppliers of free-time activities. The activities booked are not offered or affected by gettivity itself. Only the supplier of the free-time activities enters into a contractual relationship with the customer.
2. Object of these Terms and Conditions
These Terms and Conditions refer to the offers on the gettivity platform as well as placing customers with the suppliers of free-time activities.
Paragraph 7 of these terms and conditions regulates the service contract between customer and supplier.
3. Registration
Registering on the gettivity platform is voluntary, free of charge, and not necessary to book offers on the gettivity platform. Registration happens electronically and requires consenting to the Terms and Conditions and the Data Protection Declaration. Registration is concluded after the email address the customer supplies is confirmed.
The customer account can be deleted by the customer at any time. Likewise, gettivity can unilaterally cancel a registration at the deadline of one week. Accrued claims as well as the right to extraordinary notice of cancellation are unaffected by this.
For registration on the gettivity platform the following conditions apply:
a. those registering must be over 18
b. the password is secret and should not be shared with any third party
c. the customer account cannot be transferred nor can more than one customer account be created
4. Booking process
The offers of free-time activity supplies are not binding. The customer chooses an offer on the gettivity platform and, after checking availability, makes via a booking a binding offer to the supplier of the free-time activity. Once the customer has chosen, put their goods in the basket, and given their details, the customer clicks on the button ‘buy now’ to make a purchase. This offer is received by gettivity as an agent. After checking the availability of the free-time activity selected gettivity confirms the contract with the supplier, working as an intermediary. Finally, gettivity presents the customer with a booking confirmation in the name and under contract of the supplier, certain information relating to use of the free-time activity and a payment confirmation.
5. Payment
Accepted methods of payment (credit card, PayPal, Sofort Überweisung) are shown to the customer during the booking process. After selecting the payment method, the customer authorizes the payment and accepts that payment information can be used to collection the funds.
6. Pricing
Prices of the free-time activities offered as shown including VAT and apply to each person. In certain cases the prices determined by the supplier are subject to certain conditions, such as age restrictions for selected child’s prices.
7. Conditions for free-time activity suppliers
General preliminary remarks
a. The free-time activity booked is carried out in the name and at the cost of the relevant supplier of free-time activities.
b. The contract between the customer and the supplier of free-time activities is concluded by the acceptance of the customer’s binding offer (see Booking process).
c. Times and time limits are calculated on the basis of the suppliers time zone
Meeting point, Conditions & Notes on participation
a. The customer is responsible for their punctual appearance at the agreed time. In addition, the customer is responsible for meeting and keeping requirements at the activity location, such as rules around travel and health.
b. The supplier has the possibility to make providing an activity dependent on the customer meeting certain requirements (body size, weight, health situation etc.). The explicit conditions are found in the offer description. The customer is responsible for the fulfilment and meeting of these conditions. The supplier retains the right to exclude customers from an activity if the conditions are not met. In this case a refund is not available.
c. Furthermore, the supplier is justified in excluding a customer from a booked activity if this would endanger the customer or other participants or would lastingly disrupt the activity. In this case a refund is not available.
d. The prices shown for free-time activities do not include insurance. As such, the customer is themselves responsible for obtaining adequate insurance.
Payment
The payment of the entire price of the free-time activity gettivity has brokered is due once the contract is concluded. If the total is not paid after the payment due date, the supplier is entitled to issue a warning and then, having set a deadline, to withdraw from the contract and in according to Article 1124 of the Spanish Civil Code (Real Decretory July 24 1889) demand cancellation fees.
Right of revocation
The cancellation can occur with 14 days notice without naming of grounds in the form of a text (letter, email). The notice period begins following receipt of this text, although not before the goods have arrived with the customer. Sending the cancellation notice off in time is sufficient for the cancellation period to be granted.
The cancellation right is excluded from tours and activities which occur at a fixed date or time period.
In the case of an effective cancellation, services supplied on both sides are to be returned. Repayment commitments must be met within 30 days. The period begins for the customer when the cancellation notice is sent, and for the provider when they are received.
Cancellation
When not otherwise detailed in the description of the free-time activities, the following cancellation conditions apply:
– Cancellation up to 5 days before the beginning of the booked free-time activity: complete refund
– Cancellation less than 5 days before the beginning of the booked free-time activity or no-show: no refund
Exceptional cancellation & Minimum participants
a. The supplier can cancel the scheduled free-time activity without observing a cancellation period if weather conditions, official measures, strikes, unpredictable or unavoidable circumstances make the provision of a free-time activity impossible or make it more difficult or dangerous. In this case a refund is not available. The right to damages or other demands are excluded.
b. In addition, the supplier can cancel the agreed appointment with a notice period of 3 days if the minimum number of participants for an activity is not reached. The requirement to a minimum number of participants only applies to certain free-time activities, and this information is given in the description of the free-time activity. In this case a refund is not available. The right to damages or other demands are excluded.
Programme changes
The supplier reserves the right to make changes to the program of a non-essential nature if this is necessary from unpredictable or unavoidable circumstances.
Liability
The supplier is liable for the applicable law for their services. Liability is only assumed when covered by applicable law.
Legal situation
The legal relationship between the customer and the supplier of the free-time activity is subject to the relevant applicable law.
8. Vouchers
Vouchers purchased from gettivity are valid for one year if not otherwise detailed in the description. Voucher credit remaining after a booking can be used for subsequent; they cannot however be paid out. Vouchers can be printed out directly after a booking and cannot be cancelled.
9. Availability & Guarantee
a. gettivity assumes no responsibility for the completeness, correctness, topicality, availability or absence of damage of the website.
b. The description and provision of the free-time activities are exclusively the responsibility of the supplier. gettivity has no influence on the supplier’s provision of the free-time activity offered. As such it is solely the responsibility of the supplier to provide the booked free-time activity.
10. Liability
a. This limitation of liability does not apply in the context of guarantees issue, injury to life, body or health, intentional violation or gross negligence of responsibilities, and for standards covered by product liability law.
b. For slight negligence, gettivity only assumes responsibility if essential contractual responsibilities have been violated which make lawful fulfilment of the contract first possible and which the customer can normally expect to be kept and for damages of a typical and predictable nature.
11. Ratings & Comments
Customers can rate offers on the gettivity platform and also comment blog posts. Offering ratings and comments are subject to the following conditions.
a. evaluations and comments are the responsibility of the customer this includes that of correctness, clarity and the guarantee that the rights of a third party are not injured
b. criminally relevant or morally-offensive formulations are not allowed
c. gettivity reserves the right: to show contents on the website, to work for better understanding, to use contents for advertising purposes and to remove them due to violations of the regulations
d. the customer is not specially informed as to the usage of content for advertising purposes and the customer is not compensated for them
12. Object of these Terms and Conditions
We have the right to unilaterally chance these Terms & Conditions if this is necessary to avoid lasting damage to the equivalence mandate or loopholes or to adjust to changes in legal status. The customer will be notified of the altered conditions by email. These changes are seen as accepted when the customer does not object to the changed Terms & Conditions within two weeks of the receipt of the email.
13. Closing provisions
Spanish law applies under the UN CSIG. If you at the time of booking are domiciled in another country and have made the booking as a consumer, the application of binding legislation of this country is not affected by the governing law referred to Paragraph 1.
Exclusive place of jurisdiction is Spain to the extent that you are a merchant in the sense of the commercial code. Legally-mandated places of jurisdiction remain unaffected.
If individual regulations of these Terms & Conditions should be or become ineffective, that does not affect the effectiveness of the remaining regulations.
These Terms & Conditions are directed by the legal provisions of Spanish consumer protection law (RDL 1/2007 of November 16 Texto refundido de la Ley general para la defensa de consumidores y usuarios) and the General Terms and Conditions Act (Ley 7/1998, April 7 on ‘Condiciones Generales de Contratación’) whose regulations are also to be applied and have been applied to everything not explicitly mentioned in this document.
