Terms of business
 
General terms of business of Disfrutare and of suppliers of tours and other tourist services
 
These terms of business are divided into two parts:
 
I. General terms of business of Disfrutare
 
II. General terms of business of the suppliers of tours and other tourist services
In compliance with Law 34/2002 on Information Society Services and Electronic Commerce [in Spanish, LSSICE], we hereby inform you that disfrutare.com  is an Internet domain and trade mark registered by VOLCANO LIFE S.L, a company whose Tax/VAT [C.I.F.] number is B-76669001, registered with the Companies Register of Santa Cruz de Tenerife on 28 April 2015, under Volume 3381, Book 0, Folio 100, Page TF-55257, 1st entry. 
 
Disfrutare makes this booking platform available to visitors and to the suppliers of tourist services. Sale contracts are arranged directly between users and Disfrutare on behalf of the suppliers of tourist services.
 
I. General terms of business of Disfrutare
 
Browsing:
1. Login / Registration / Creating a user account
2. Comments system
3. Questions forum
4. Direct messages
5. Legal relationship with Disfrutare
 
Introduction
These general terms of business govern the use of the Disfrutare website when a user logs in (registers an account) or books a service. In addition, the "Disfrutare terms of use and privacy statement" apply to the whole Disfrutare website.
 
By registering (creating an account), users accept these general terms of business and the "Disfrutare terms of use and privacy statement" as the content of the user's legal relationship with Disfrutare and the intermediary supplier, respectively.
 
1. Login / Registration / Creating a user account
 
1.1 Creating a user account
Before booking a service on www.disfrutare.com, users must create a user account and register it.
 
When registering, users provide personal information which, to the extent necessary, will be forwarded to the intermediary supplier in the course of the booking process.
 
1.2 Eligibility to register
The registration process is available only to private individuals. When registering a company or legal entity, the person performing the registration process must have the necessary authority to act on behalf of the company or legal entity concerned.
 
There is no right to register or use the booking platform.
 
Users must register under their own name. Registering under a pseudonym is not allowed. Disfrutare may cancel accounts registered under incorrect names or pseudonyms, and in certain other cases.
 
1.3 Number of user accounts
Not more than one user account may be registered in the name of a single individual or corporate entity. User accounts are nontransferable.
 
1.4 Truthfulness of information
Users must provide accurate up-to-date information. Disfrutare is not liable for failure to provide a booked service or for any other damage that may arise from out-of-date user information.
 
1.5 Communication
If a user books certain services, all of the booking and payment procedures as well as the booking cancellation and other procedures, must be completed using the specific forms on the Disfrutare website. Links to these will be provided by email once the booking process has been completed. Otherwise, difficulties may arise in connection with the proper completion of the sale. In such cases, Disfrutare will not be liable.
 
1.6 Offers
The tours and other services published are non-binding offers.
 
1.7 Booking process
If a user decides to book a specific tour or other tourist service, they must request it using the relevant booking interface on the Disfrutare website and provide accurate information. The booking request must be submitted by clicking on the "Confirm purchase" button.
 
1.8 Obligation in connection with the request 
Users are linked to a booking request (offer) for two business days. The time zone applicable for time calculation purposes is that of the supplier.
 
1.9 Eligibility requirements
Suppliers may establish eligibility requirements for their products. Users will find these requirements in the product description. Users are responsible for meeting such requirements. If they fail to meet them, the supplier shall be entitled to reject or exclude users from certain services. In such cases, there will be no refunds.
 
1.10 Communication from the supplier
The suppliers of tourist services must confirm bookings and make other communications via the Disfrutare platform. Users must therefore ensure that they keep their user account information up to date and they check the email address given in their user account for new messages.
 
1.11 Booking cancellation
If users need to cancel a booking they must use the relevant form on the Disfrutare website to do so.
 
2. Comments system
 
2.1 Comments system
After experiencing the service booked, users have the opportunity to comment on it using the Disfrutare comments system. The aim of this system is to create a meaningful and accurate profile of the performance, reliability and credibility of the supplier. Users will receive the relevant information by email after the service has been provided.
 
2.2 Authentic accurate rating
Users have an obligation to make true, real statements. Vague, irrelevant and insulting comments, among others, will be omitted. Disfrutare explicitly reserves the right to remove such comments without explanation. Disfrutare also has the right to prevent users from using the Disfrutare platform in the future, and to cancel their user account. Disfrutare and the suppliers concerned reserve the right to take legal action, particularly to sue for damages.
 
3. Questions forum
 
3.1 Questions addressed to suppliers
Each product has a questions forum to facilitate communication between users and suppliers in order to clarify the details of the offer. Users can ask the provider specific questions about a product which the provider will answer.
 
Posts on the Questions forum are viewable by all visitors to the website.
 
3.2 Question and messages not allowed
The forum is not the place to make bookings or to cancel them. Posts on the forum are not effective with respect to Disfrutare. To make bookings or to cancel them users must use the proper forms.
 
3.3 Penalties
Disfrutare has the right to remove questions and comments that are not specific to a product without notice. Disfrutare may also close the related user account.
 
4. Direct messages
 
4.1 Personal messages
Direct messages are for exchanging private information between users and suppliers.
 
4.2 Content of direct messages
The sole purpose of direct messages is to provide information about services and the provision of them. Users must not exchange personal information or ask questions that are not related to the services using the direct message functionality. Direct messages cannot be used to make bookings or cancel them. Such messages are not effective with respect to Disfrutare. To make bookings or to cancel them users must use the proper forms.
 
4.3 Disfrutare's right of inspection and penalisation
Disfrutare has the express right to inspect direct messages and remove any that do not comply with these terms and conditions. Disfrutare may close the related user account. Please consult section 3 for further information.
 
5. Legal relationship with Disfrutare
 
5.1 Disfrutare's position
Disfrutare makes this booking platform available to users to enable them to make direct contact with the service provider of their choice and make bookings. Disfrutare is acting in its capacity as a tourist intermediary.
 
5.2 User liability
Users will be liable for any losses or damage caused to Disfrutare. In particular, users will be liable for any comments they post in the "Questions", "Direct messages" and "Comments system" sections.
 
5.3 Disfrutare liability
If users make bookings, Disfrutare will only be liable to them in cases of serious malpractice (including gross negligence). Liability is limited to immediate damage, and excludes consequential damage and loss of profit, among others. Liability for punitive damages is also excluded. The Company reserves the right to subsequent limitations or exclusions of liability under these terms of business, and under the applicable legal provisions.
 
Liability for computer viruses, spyware and other damage caused by computer programs is excluded.
 
Users who browse the website without being registered and without yet having made any booking are subject to the general terms of use.
 
5.4 Amendments to these general terms of business
Disfrutare may amend these general terms of business without prior notice whenever it considers it appropriate to do so. Each booking will be subject to the terms of business applicable at the time. Users are given no guarantee that future bookings may be made under the present terms.
 
5.5 Applicable legislation
Legal relations with Disfrutare are exclusively subject to Spanish legislation.
Volcano Life, SL
C/ SAN FRANCISCO no. 5, 4ª PLANTA
38002 SANTA CRUZ DE TENERIFE
Tax/VAT registration number (CIF): B-76669001
E-mail: info@disfrutare.com
 
5.6. Volcano Life, S.L. has official Canary Islands Government complaints forms available for users who request them.
 
II. General terms of business of the suppliers of tours and other tourist services
 
Browsing:
1. Acceptance of bookings
2. True information
3. Arrival at destination and compliance with regulations
4. Conditions for participation
5. Binding nature of booking requests
6. Payment
7. Disclaimer of liability on the right to terminate agreements
8. Personal responsibility for insurance
9. Services not paid for
10. Exchange of messages
11. Cancellation policy
12. Extraordinary cancellation
13. Exclusion from participation
14. Programme changes
15. Other conditions
16. Time zone
17. Liability of suppliers of tours or other tourist services
18. Amendments to these general terms of business
19. Applicable Law
 
Introduction
These general terms of business are applicable to sales contracts entered into between users of www.disfrutare.com and the suppliers of tours and tourist services.
 
1. Acceptance of bookings
Suppliers accept bookings only from able-bodied and able-minded individuals who are fully legally competent. Corporate entities must act through a duly authorised individual.
 
2. True information
Information provided via the Disfrutare booking platform must be true. Suppliers reserve the right to cancel bookings for which inaccurate information has been provided. In such cases, no refunds will be made.
 
3. Arrival at destination and compliance with regulations
Users are responsible for arriving at the meeting point on time. Users travelling from abroad in order to engage in the activity booked are personally responsible for ensuring that they have the necessary travel documents (passport, etc.) and for complying with public health provisions, among other regulations.
 
4. Conditions for participation
Users are personally responsible for complying with any conditions for participation. Suppliers reserve the right to exclude participants who do not meet the conditions established for each activity. In such cases, no refunds will be made.
 
5. Binding nature of booking requests
The contract between a user and Disfrutare will be deemed to be entered into upon acceptance of the service by the user.Users will be notified by email.
 
6. Payment
Once a booking has been made, payment will be charged to the user's credit card. If a supplier does not accept the booking, the amount paid will be refunded to the same credit card.
 
7. Personal responsibility for insurance
The price does not include insurance. Users are personally responsible for arranging sufficient coverage. The necessary coverage depends on each activity booked.
 
8. Services not paid for
Users cannot claim provision of a service booked that they have not paid for or for which payment has been refunded. Such situations will be deemed to be booking cancellations and will therefore be subject to cancellation charges as specified in section 11.
 
9. Exchange of messages
Users and suppliers must communicate with each other exclusively via the Disfrutare booking platform. For these purposes, only the forms provided by Disfrutare must be used.
 
Suppliers will not accept messages that are not handled via the Disfrutare booking platform or via the forms provided for these purposes, and such messages will have no legal validity.
 
10. Cancellation policy
The policy governing cancellation of Disfrutare vouchers will prevail when users cancel activities. We advise users to carefully read all the information on the Disfrutare voucher.
If the Disfrutare voucher does not include any cancellation policy, the service provider will apply the following cancellation charges:
• Up to 4 business days before the start of the activity: full refund.
• Between 3 and 0 days before the start of the activity or if the user fails to appear: no refund.
Uses reserve the right to prove that a supplier sustained losses below those indicated in these rules as a result of the cancellation.
Refunds will be paid within 20 business days by crediting the credit card used to make the purchase.
 
If the credit card has no funds available before the service booked takes place, or payment for the service is refunded, the booking will be understood to have been cancelled and therefore cancellation charges will apply. The right to claim further compensation is reserved.
 
11. Extraordinary cancellation
Suppliers may cancel an activity without adhering to the cancellation period if the weather conditions, government actions or other unforeseeable and unavoidable external circumstances pose a hazard to running the activity, or they make it either impossible or substantially more difficult to do so.
 
12. Exclusion from participation
Suppliers have the right to refuse access or exclude users from any activity if they do not meet the eligibility requirements or if their participation in the activity puts either themselves or other users at risk or in any other way interferes with the proper operation of the activity. In such cases, no refunds will be made.
 
13. Programme changes
Suppliers also reserve the right to make slight changes to a programme if they consider it appropriate due to unavoidable or unforeseeable circumstances.
 
14. Other conditions
Additional conditions or alternative rules can be found on each product page.
 
15. Time zone
For the purposes of calculating dates and times, the supplier's time zone will apply.
 
16. Liability of suppliers of tours or other tourist services
Suppliers of tours or tourist services will be liable as established under the applicable legislation. Liability is excluded to the extent permitted by law.
 
17. Amendments to these general terms of business
These terms of business may be amended without prior notice. The terms valid at the time of each booking will apply. Users are given no guarantee that future bookings may be made under the present terms.
 
18. Applicable Law
The legal relationship between users and service suppliers will be governed in each case by the applicable legislation.