Terms and conditions
TERMS AND CONDITIONS OF ON-LINE PURCHASE
I. OWNERSHIP OF THE WEBSITE
Yedra SLU. (hereinafter referred to as Tamarán), a Spanish company with the company tax code no. A- B38494183, the registered office at Calle Aceviños 12 local 31, 38400, Puerto de la Cruz, Tenerife, Canary Islands, incorporated on the 14th May 1995 with the Register of Companies of Santa Cruz de Tenerife, Page TF17314, Folio 171, Book 1646 of Section 1, is the owner of the website https://www.tamaran.com (hereinafter, the Website).
Customer service: info@tamaran.com.
II. GENERAL TERMS AND CONDITIONS
These Conditions of On-Line Purchase shall expressly govern the relations arising between TAMARÁN and the consumers who order the services or products offered on the Website.
These Conditions of Purchase have been drawn up in accordance with the provisions of the Spanish Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Conditions of Contract, the Royal Decree 1906/1999, regulating the telephone and electronic contracting by means of general terms and conditions as set out in Article 5.3 of the Law 7/1998, the Royal Legislative Decree 1/2007 of 16 November 2007, approving the consolidated text of the Spanish General Law for the Protection of Consumers and Users and other complementary laws, the Law 7/1996 on Retail Trade, the Royal Decree-Law 14/1999, regulating the Electronic Signature, and any other legal provision that may be applicable.
This document is accessible at all times in the On-Line Purchase section of the TAMARÁN Website and can be printed and stored by the User.
Before making your on-line purchase, remember that you must give your express consent to the processing of your personal data by Yedra SLU by filling in the form provided on our Website.
PRE-CONTRACTUAL INFORMATION
These Conditions of On-Line Purchase aim to govern the general conditions for the provision of the services offered by TAMARÁN through the website https://www.tamaran.com. The services which are currently provided by TAMARÁN and which are the subject of the contract with consumers are the sale of organised tourist excursions in jeep and minivan vehicles on the islands of Tenerife, La Gomera and El Hierro as well as, where appropriate, other products and services offered on the Website.
The products and services offered by TAMARÁN can be acquired by any consumer residing in Spain or in another Member State of the European Union or of the European Economic Area, as well as by consumers residing in a state that is not member of the European Union or the European Economic Area, but to whom Spanish law applies.
The sale service of TAMARÁN tickets as well as of any other product offered through our Websites is set up for valuable consideration, and the price of each product—including taxes—is displayed on the Website at any given time.
Access to the information contained on our Websites is not subject to any kind of payment.
The consumer understands that the information contained on our Websites, including general information about the catalogue of services as well as of other products offered on the Websites, and the General Conditions of On-Line Purchase and performance of the contract, is sufficient to exclude any error in the consent thereof.
1.1. Procedures
In order to proceed to using the different services offered on the Websites, the consumer must follow all the directions and instructions displayed on the screen at each step of the purchase process, providing to this end, the information required in the forms set on the Websites, which will imply prior reading and acceptance of all the General Conditions of On-Line Purchase set out therein; the consumer acknowledges hereby knowing and accepting the aforementioned procedures as necessary in order to access the products and services offered on the Website.
The consumer will finalise the purchase process after having completed all phases thereof, electronically sent the purchase order and fulfilled the obligation of payment through one of the different methods available, either by “credit card” or using the “Paypal” system.
These General Conditions of On-Line Purchase will become part of the contract at the time of the consumer’s express acceptance, evidenced by completing and sending the data entered during the purchase process.
The use of any of the Website’s services implies the unreserved acceptance of each and every one of the General Conditions of Use of the Websites as well as of the General Conditions of On-Line Purchase and, where appropriate, of the Specific Conditions of Purchase which are made available to the consumer prior to the completion of the purchase process, and which govern the acquisition of the tickets as well as the acquisition of all the other products and services offered on the Website.
1.2. Documentation and language
These General Conditions of On-Line Purchase are accessible at all times during on-line shopping on the TAMARÁN Website and can be printed and stored by the consumer.
In case of the acquisition of products, upon the completion of the purchase process, the consumer will receive by e-mail a Simplified Invoice (Ticket or Voucher) for the purchase made with a valid bar code, which shall be exchanged for tickets on the premises and/or give access to the activity reserved.
The consumer may not exercise the right of withdrawal, since one of the legally recognised exceptions, set out in Article 103 letter L of the Royal Legislative Decree 1/2007 of 16 November 2007, approving the consolidated text of the Spanish General Law for the Protection of Consumers and Users (TRLGDCU) and other complementary laws, applies in this case. The article states literally: “The right of withdrawal shall not apply to contracts that relate to the following items: Provision of accommodation services for purposes other than housing, transport of goods, vehicle rental, catering or services related to leisure activities if the contract provides for a specific date or period of performance.”
For any incidence, claim or exercise of their rights the consumer may send an e-mail to the following address: info@tamaran.com
1.3. CANCELLATIONS
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.
Reservations may be cancelled or the date of the activity may be changed free of charge up to 24 hours prior to the activity. After this period, 100% of the amount will be charged.
If the consumer suffers an accident or feels sick during the enjoyment of our activities, 112 must be called.
Shall there be not enough funds on the credit card prior to the provision of the service reserved or shall the payment for said service be returned, the reservation will be deemed cancelled and, consequently, cancellation charges will apply. We reserve the right to claim further damages.
If you subscribe to special discounts, it is necessary that you carry valid supporting documents. If you fail to certify the condition that entitles you to discount, you must pay the price difference at the ticket office or the indicated place in order to access the service purchased.
In case of the acquisition of any of the products or services offered on the Websites other than tickets, the consumer will also receive a simplified invoice (Ticket or Voucher) by e-mail. Likewise, the Websites will notify the User of the Specific Conditions of Purchase of the products or services in question prior to the purchase process.
All requirements for providing a document serving as invoice shall be considered fulfilled with the issuance of the simplified invoice (Ticket or Voucher), in compliance with the Royal Decree 1073/2014 of 19 December 2014, amending, among others, the Regulation governing the invoicing obligations, approved by the Royal Decree 1619/2012 of 30 November 2012.
These General Conditions of On-Line Purchase have been originally drawn up in Spanish. In the event of any dispute, the original version shall prevail over this translation.
The use of promotional codes on the website
Consumers can receive, along with their voucher, a promotional code to use with future purchases on this website.
These promotional codes, received by the consumer along with their voucher for the purchase of one activity, shall only be valid for the future purchase of any of the activities on the catalogue which apply. This includes using it to book the same activity for which the promotional code has been received, if the activity has not been cancelled by the consumer.
1.4. Technical means
The Websites shall make available to the consumer all the technical means necessary to track and correct errors in the data entered in the different forms that are displayed on the screen during the process of purchase.
1.5. Modification of the General Conditions of On-Line Purchase
TAMARÁN reserves the right to modify at any time these General Conditions of On-Line Purchase or, where appropriate, the Specific Conditions of Purchase that may apply, as well as any other general or specific terms, regulations of use or notices that may apply. The duty to notify consumers shall be considered fulfilled by modifying the General Conditions set out on the TAMARÁN Websites.
In any case, it will always be possible to read, prior to buying products or services, the General Conditions of On-Line Purchase and, where appropriate, the Specific Conditions of Purchase that may apply. Also, the company reserves the right to modify at any time the display, settings and location of the Website, as well as the contents and conditions of use thereof.
PERSONAL DATA PROTECTION
Personal information that the consumer enters on the website and any other data generated afterwards as a result of their relationship with us will be incorporated into files of which Yedra SLU, having its registered office at Calle Aceviños 12 local 31, 38400, Puerto de la Cruz, Canary Islands, is responsible. The data will be processed for the purpose of development, maintenance and control of the relationship between the consumer and us and, in particular, to process the purchase of tickets or other products as well as the requests that the consumer may ask of us and to maintain communication in order to improve our services and for statistical purposes.
To exercise your rights of access, rectification, cancellation and your right to object in the terms established by law, please send a written request to the company responsible for the files, enclosing a copy of your identity document.
IF YOU ARE UNDER THE AGE OF 14, WE NEED THE CONSENT OF YOUR PARENTS OR LEGAL GUARDIANS.
In order to obtain it, we will contact them and ask them to confirm that they are your mother, father or legal guardians and that they grant their consent, which is when we will be able to accept your request.
To exercise your rights of access, rectification, cancellation, objection, data portability and restriction of processing in the terms established by law, please send a written request to the company responsible for the files, enclosing a copy of your identity document.
APPLICABLE LAW. JURISDICTION
These Terms and Conditions are governed by the Spanish law. The parties may choose to submit the resolution of any dispute to the Courts of the consumer’s domicile and thereby expressly waive any other jurisdiction.