Code of Good Practices
Our mission is to empower tourists to experience the Canary Islands, by offering the best tours to go and attractions to visit in the most convenient way. In order to achieve this goal we live up to the following good practices:
- We care about you, and therefore offer the lowest prices for the highest quality services.
- We bring and allow you to experience more than 20 trips, tours, sails and experiences wherever on the Canary Islands.
- We promise you an informative, user-friendly website that guarantees the best available prices.
INTRODUCTION TO TCs
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through Independent Referrers) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “Platform”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online reservation service (including the facilitation of payment service) provided by us on these pages and through the website are owned, operated and provided by Neil Samuel McCarthy, a company located in the Canary Islands, with a registered address located at 96 Fañabe Plaza, Tenerife (hereinafter the “Company”) and are subject to the terms and conditions set out below. The relationship we have with the tour and visit providers are governed by separate terms and conditions which govern the (B2B) commercial relationship we have with each of this Service Providers. Please note that tour and visit providers may have, declare applicable and/or require (acceptance of) -in addition to the policies and fine print as disclosed on the website, their own (delivery/shipphing/carriage/usage) terms and conditions and house rules for the use, access and consummation of the Tour/Visit (which may include certain disclaimers and limitations of liability).
“CompareExcursions.com”, “Compare Excursions”, “us”, “we” or “our” means Neil Samuel McCarthy, a company located in the Canary Islands, with a registered address located at 96 Fañabe Plaza, Tenerife, España (hereinafter the “Company”). “Platform” means the (mobile) website and app on which the Tour service is made available, owned, controlled, managed, maintained and/or hosted by CompareExcursions.com. “Tour” means the various different tour products and services that can be reserved by you from the tour provider.
“Tour Provider” means the professional provider of Tours, (e.g. Visits to parks, Boat Trips, Paragliding, Quad bike trips), transportation provider and any other related product or service as from time to time available for Tour Reservation on the Platform.
“Tour Service” means the online purchase, order or reservation service as offered or enabled by CompareExcursions.com in respect of various products and services as from time to time made available by Tour Providers on the Platform.
“Tour Reservation” means the order, purchase, payment, booking or reservation of a tour.
SCOPE AND NATURE OF OUR SERVICE
Through the Platform, we (Compareexcursions.com) provide an online platform through which Tour Providers – in their professional conduct of business (i.e. B2C or B2B) – can advertise, market, sell, promote and/or offer (as applicable) their products and service for order, purchase, reservation, hire, and through which relevant visitors of the Platform can discover, search, compare, and make an order, reservation, purchase or payment (i.e. the Tour Service). By using or utilizing the Tour Service (e.g. by making a Tour Reservation through the Tour Service), you enter into a direct (legally binding) contractual relationship with the Tour Provider with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your Tour Reservation, we act solely as an intermediary between you and the Tour Provider, transmitting the relevant details of your Tour Reservation to the relevant Tour Provider(s) and sending you a confirmation email for and on behalf of the Tour Provider. CompareExcursions.com does not (re)sell, rent out, offer any (travel) product or service.
When rendering our Tour Service, the information that we disclose is based on the information provided to us by Tour Providers. Although we will use reasonable skill and care in performing our Tour Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Tour Provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Tour Provider (or its facilities, venue, vehicles, (main or ancillary) products or services) made available.
The prices as offered by the Tour Providers on our Platform are highly competitive. All prices for your Tour are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on our Platform or the confirmation email/ticket. Ticket prices are per person or group and subject to validity or expiration as indicated on the ticket, if applicable. Applicable fees and taxes (including tourist/city tax) may be charged by the Tour provider in the event of a no-show or cancellation.
Obvious errors and mistakes (including misprints) are not binding.
A CompareExcursion.com’s coupon is an electronic Voucher identified by a code where its value ranges from five (5,00) up to twenty (20,) euros per item per unit. A coupon will apply the assigned discount to the price of selected Tours at the moment of paying, so the aggregated value of the discount applied by the coupon will be determined at the checkout.
The only way of getting a CompareExcursion.com’s coupon is from one of our affiliate Independent Referrers.
When in your cart, enter your coupon code in the field “Coupon Code” and hit the button “Apply Coupon”. Then you can proceed to checkout. The code will be validated and if you have a valid coupon the corresponding discount will be applied to eligible items, affecting the total amount to pay.
Compareexcursion.com’s coupons have no time limit. It is valid from the issue date as long as the Platform keeps functioning.
In case you lose your coupon code, you should get in contact with the Independent Referrer who gave you the coupon in the first time. If you can’t do so, please write an email to email@example.com, and we’ll help you get back your coupon code.
You can pass your CompareExcursions.com’s coupon to anyone else like your family or friends. Our coupons are meant to be used by Tourists as a means to get discounts on selected items, and each coupon can be used as many times as desired.
Our coupons are reusable, but cannot be accumulated. Each order can be affected by one and only one coupon.
Coupons apply discounts to all Tours offered at CompareExcursions.com, except Loro Parque, Siam Park, Aqualand, Monkey Park, Camel Parks and Jungle Park.
PRIVACY AND COOKIES
CompareExcursions.com respects your privacy. Please have a look at our privacy and cookies policy for further information.
CompareExcursions.com facilitates (through third party payment processors) the partial payment of the relevant products or services. Payment is safely processed from your credit/debit card to the bank account of CompareExcursions.com through a third party payment processor. Any payment made in the Platform will constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.
Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your Tour Reservation. You will not hold CompareExcursions.com liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Tour Provider and not (re)claim any amount for any valid or authorized charge by the Tour Provider (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.
In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (firstname.lastname@example.org). Please state ‘credit card fraud’ in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using CompareExcursion.com’s secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.
PRE-PAYMENT, CANCELLATION, NO-SHOW AND FINE PRINT
By making a Tour Reservation with a Tour Provider, you accept and agree to the relevant cancellation and no-show policy of that Tour Provider, and to any additional (delivery) terms and conditions of the Tour Provider that may apply to your Tour (including the fine print of the Tour Provider made available on our Platform and the relevant house rules of the Tour Provider), including for services rendered and/or products offered by the Tour Provider. The relevant (delivery/purchase/use/carrier) terms and conditions of a Tour Provider can be obtained with the relevant Tour Provider. The general cancellation and no-show policy of each Tour Provider is made available on our Platform on the Tour Provider information pages, during the reservation procedure and in the confirmation email or ticket (if applicable). Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable city/tourist tax may still be charged by the Tour Provider in the event of a no-show or charged cancellation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Please note that a Tour Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Tour Provider and the reservation. Cancellation and prepayment policies may vary per segment, product or service of each Tour. Please carefully read the fine print (below the Tour types or at the bottom of each Tour Provider page on our Platform) and important information in your reservation confirmation for additional policies as may be applied by the Tour Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Tour Provider agrees or allows otherwise under its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the accommodation provider’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
CORRESPONDENCE AND COMMUNICATION
In order to duly complete and secure your reservation, you need to use your correct email address, Hotel and Room. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against CompareExcursions.com or in respect of the Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.
The completed guest review may be (a) uploaded onto the relevant Supplier’s information page on our Platform for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Supplier, and (b) (wholly or partly) used and placed by CompareExcursions.com at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by CompareExcursions.com and our business partners. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
CompareExcursions.com will not accept reviews which include:
- Profanity, sexually explicit, hate speech, discriminatory, threats, violence
- Mention of full names, personal attack towards the staff
- Promoting illegal activities (e.g. drugs, prostitution)
- Sites, emails and addresses, phone numbers, cc details
- Politically sensitive comments
CompareExcursions.com and the Tour Provider are each entitled to terminate their relationship for whatever reason (including in the event of breach of contract or (filing for) bankruptcy) with due observance of the relevant notice period as agreed between both parties.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your partial payment (deposit) as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Supplier as made available on our Platform, (iii) the services rendered or the products offered by the Supplier or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Supplier or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
CompareExcursions.com is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Trip and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant Tour Provider is solely responsible and assumes all responsibility and liability in respect of the Tour (including any warranties and representations made by the Tour Provider). CompareExcursions.com is not a (re)seller of the Tour. Complaints or claims in respect of the Tour (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Tour Provider. CompareExcursions.com is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.
You agree and acknowledge that the Supplier is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (tour/reservation) price to the relevant tax authorities. CompareExcursions.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (tour/reservation) price to the relevant tax authorities. CompareExcursions.com does not act as the merchant of record for any product or service made available on the Platform.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that CompareExcursions.com may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as CompareExcursions.com at its discretion sees fit. You are granting CompareExcursions.com a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as CompareExcursions.com at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, attractions owners) due to CompareExcursions.com publishing and using these photos/images. CompareExcursions.com does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of CompareExcursions.com. CompareExcursions.com disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by CompareExcursions.com at any time and without prior notice.
INTELLECTUAL PROPERTY RIGHTS
Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by CompareExcursions.com (Neil Samuel McCarthy), its Tour Providers or providers.
CompareExcursions.com exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to CompareExcursions.com. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Spanish law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Santa Cruz de Tenerife, Spain.
The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our Platform (by selecting the English language) or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.