This document will govern the relations and general contractual conditions of the relationship between the website provider of https://www.lanzarote.com/en/, owned by DOMIBAY S.L, and the users or lenders of its services. This website acts as a Marketplace, putting users in contact with service lenders and offering the former the opportunity to connect with those lenders that have the products or services that the user is looking for, as well as permitting lenders to make their products or services known through the website.
In this first phase of the Marketplace:
1- All accommodation services advertised through this website are managed and supplied by TOR GLOBAL TRAVEL, S.L.U., subject to its terms and conditions, which the user must accept when making a reservation. Therefore, all the services or products provided by this provider on this website will be subject to its terms and conditions, for which you know and accept that the contracting of this type of reservation is made directly with the aforementioned entity, and by virtue of the terms and conditions that the entity TOR GLOBAL TRAVEL, S.L.U., makes available to you prior to contracting the service provided.
2- All activity services advertised through this website are managed and supplied by CIVITATIS TOURS, S.L., subject to its terms and conditions, which the user will have to accept when making a reservation. Therefore, all the services or products provided by this provider on this website will be subject to its terms and conditions, for which you know and accept that the contracting of this type of reservation is made directly with the aforementioned entity, and by virtue of the terms and conditions that the entity CIVITATIS TOURS, S.L., makes available to you prior to contracting the service performed.
Below is all of the information needed related to the applicable user terms and the applicable service lender terms:
APPLICABLE USER TERMS
By accepting this document, the USER states:
- They have read, accepted, and understood what is hereby established.
- They are a person who is sufficiently capable to acquire goods and services.
- They assume the provisioned obligations.
These conditions will be valid indefinitely and will be applicable to all of the transactions made via the website.
Identification of parties
PROVIDER: this is the intermediary between the SERVICE LENDER and USER of the products or services published on the Marketplace, going by the name of DOMIBAY S.L, with head office at C/ FAJARDO, 12 – 3 2 35500 ARRECIFE (Las Palmas), NIF [Taxpayer Identification Number] B35971498, with the customer and lender service emails address: [email protected]
LENDER: the seller of the products or services to the USER, which are published on the PROVIDER’s marketplace.
USER: buyer of the products or services posted on the Marketplace www.lanzarote.com.
This website works as a marketplace offering a service which puts OFFERS in contact with DEMAND. The service is free for users and a commission is charged for every purchase made from the lenders under the Conditions hereby established, with the site not being responsible for any of the products and/or services offered by the LENDERS beyond this, in accordance with the EU Guidelines 2000/31/CE:
- The site is only acting as an intermediary between the LENDER and USER, acting as a meeting place.
- The provider of this website reviews and applies the necessary measures to guarantee the security and effectiveness of the transactions. However, the information regarding the products and services offered by the LENDERS is their responsibility, and they must keep this updated and notify the website administrator of any changes made thereto.
The website works as an online space with information about the products and services offered by the service lenders in relation to tourism, travel, leisure, adventure, food, and tours on the island of Lanzarote so that users can contact these service lenders to book or buy the products that they are offering on this simple, easy to use platform which has specific, organised, and highly accessible information to make it easy to search, compare, select, and purchase the offers available with the service lenders.
Online signup process for service lenders
The USER, to contract or acquire the products or services offered on this Marketplace, must first review and accept the terms and conditions of the lender, as Lanzarote.com is solely the intermediary between the user and service lender, transferring the data of the booking to the service lender who are the ones who will process the user’s order or booking. The user will have this information available to them in the advert and it will remain available until they proceed with their purchase or acquisition. The final purchase or acquisition of a product or service assumes the acceptance of the lender’s terms and conditions, which is why we always recommend that you thoroughly read and review the applicable conditions of entering into a contractual relationship with the lender.
Resolution of claims and complaints
Upon making a booking or acquiring a product, a contractual relationship is established between the Service Lenders and the User or customer. Therefore, any claim related to the conditions of the service or products that have been purchased or related to the compliance of the services, must be sent directly to the service Lender. However, in regard to what we do, you are hereby informed that the providing of our advertising intermediary and marketplace services is governed in accordance with Spanish legislation, and the Spanish courts have sole jurisdiction in this regard. Nevertheless, consumers may be imperatively protected under the provisions of the relevant consumer laws based on the applicable legislation and competent jurisdiction.
We have various channels available on the website to send enquiries or claims. On our website you will find answers to frequently asked questions and useful information to help you to make your booking or purchase. From our website we will redirect you to the quickest available channel: chat or email. You can also send direct messages via the booking or purchase page or via the mobile app. All claims will be recorded in the system and will be reviewed based on the priority and urgency of the request. In the case of any discrepancies with the description of the service or products offered by the service Lender, we will verify the presumed discrepancies, and we will request that the service Lender changes the information shown on the platform, if necessary, and if the problem persists and no attempt is made to resolve it, we reserve the right to suspend the service Lender from our platform. If any incorrect amounts have been charged, the service Lender must inform the customer with due notice in respect of the purchase or booking conditions. Our commitment is to do all that we can to interact and help to ensure that the Users and customers and service Lenders reach a mutually favourable agreement in this regard.
Applicable law and jurisdiction
These conditions are governed or interpreted in accordance with Spanish legislation in regard to anything which is not thereby expressly established. The LENDER and the USER agree to be subject to the courts of law of Arrecife de Lanzarote for any dispute which may arise from the providing of the services which are the subject of these Conditions if the user is within the Spanish territory and in the USER is domiciled outside of Spain, the provisions of the applicable international legislation shall apply. In the case of the users being domiciled outside of Spain, the parties, in the case of any dispute, will first choose to follow the resolution mechanisms facilitated by the website provider to manage the dispute while guaranteeing the rights of the users and lenders. If no resolution can be made via these means, the parties will contact the online litigation resolution Body who will act as an intermediary between both parties in accordance with article 14.1 of the (EU) Regulations 524/2013.
APPLICABLE SERVICE LENDER TERMS AND CONDITIONS
To be a service or product lender
As a service lender Lanzarote.com gives you the right to use this website to share and offer users your product, accommodation, or experience for profit. As a service lender you have the right to set the price, availability and regulations of every offer. Through these conditions you commit to provide the service contracted by the user or to deliver the ordered product and to keep the sale terms and conditions up to date.
Contracts with users
When you accept a booking request or you receive a booking confirmation or purchase confirmation through Lanzarote.com, you are signing a direct contract with the user, and you are responsible for providing the service or delivering the product to the user under the conditions and at the price specified in your Advert. You also accept to pay any applicable commissions established by the website provider. The terms and conditions that you include in any additional contract with the user must in in accordance with these Terms. You must also make available and follow the Legal terms, policies, and any information provided in your Advert, as these will be shared and highlighted in the description of your advert.
Your relationship with the website administrator is that of an independent individual or legal entity, with the only exception being that Lanzarote.com acts as an advertising and transaction intermediary. Lanzarote.com does not manage the service or product that you offer over the website, but it does reserve the right to check and control the effective rendering of said services to ensure user security.
Other legal responsibilities
As you are the responsible and active party, under these terms and conditions, you must fix your price and establish the regulations and requirements of your offer. You must detail each and every commission and fee in the description of your offer and cannot charge any additional external commission or fee outside of the Lanzarote.com website if the user has contracted your service or product through us. Any changes made to the terms and conditions must be available and clearly identifiable so that it is clear and transparent for users.
Applicable commissions and taxes of this contractual relationship
In no case will the user have to assume any additional charges due to the formalising of a contractual relationship via this website.
Applicable law and jurisdiction
These conditions are governed or interpreted in accordance with Spanish legislation in regard to anything which is not hereby expressly established. The PROVIDER and LENDER agree to be subject to the courts of law of the PROVIDER’s domicile for any dispute which may arise in relation to the compliance with these terms and conditions, always in accordance with the applicable legislation.
These Terms will govern and will be interpreted in accordance with Spanish common law. Likewise, all of the parties expressly waive any other jurisdiction which may correspond to them under Law and are expressly subject to the jurisdiction of the courts of laws of the city of Arrecife in Lanzarote (Spain) for the resolution of any dispute or any claims which may arise regarding the interpretation or execution of these terms and conditions, even those referring to noncontractual responsibilities which appear therein, or which are related thereto.
In the case of the users being domiciled outside of Spain, the parties, in the case of any dispute, will first choose to follow the resolution mechanisms facilitated by the website provider to manage the dispute while guaranteeing the rights of the users and lenders. If no resolution can be made via these means, the parties will contact the online litigation resolution Body who will act as an intermediary between both parties in accordance with article 14.1 of the (EU) Regulations 524/2013.
Website administrator information
Lanzarote.com is a website registered in the name of the company Domibay, S.L., a Spanish company with and indefinite duration, incorporated in accordance with Spanish legislation, with its head office in Arrecife de Lanzarote, calle Fajardo, nº 12, planta 3ª, oficina 2, Las Palmas, CP. 35.500, España, and with the registered C.I.F. [Company Tax Identification Number] Nº B-35.971.498. It is registered in the Commercial Register of Lanzarote, in volume 386, book 0, folio 191, page IL-9272.
GENERAL APPLICABLE TERMS
Any claim, enquiry, or information request can be made through the corresponding contact channel enabled on the website https://www.lanzarote.com/en/contact/ or by sending an email to [email protected]
In accordance with the restrictions specified in these terms and conditions, and as permitted by law, we are only responsible for any direct damages caused, paid, or developed as a result of any defaults attributable to our responsibilities in regard to our advertising intermediary services, as the contracting of the different services offered by the Service Lenders, posted on this website, is all done directly with the service Lenders and in compliance with the terms and conditions accepted when making the booking or payment.
In no case will we be responsible for any damages or harm, direct or indirect, arising from or related to the access, view, or use of this website, or with the delay or inability to access, view, or use this website, or any other technical problem which may affect this website.
As permitted by law, neither we nor any of our directors, employees, representatives, or other individuals involved with the creation process, sponsor, or promotion of the website will be responsible for: (i) punitive, special, indirect, or consequential losses or damages, or production losses, loss of profit, income, or contracts, or any losses or damages caused to customers or reputations, or loss of lawsuits; (ii) errors related to the information description (including information about prices, availability, and classifications) about the company on our website; (iii) services rendered or products offered by the company; (iv) losses, damages, or costs (direct, indirect, consequential, or punitive) which you may suffer, contract, or pay, arising from or related to the use, unavailability, or delay of our website; and (v) any type of (personal) harm, death, property damage, or other damage, losses or expenses (direct or indirect, consequential or punitive) that you suffer, contract or pay, whether as a result of (legal) acts, errors, breaches, negligence (evidential), deliberate professional misconduct, omissions, violations, misstatement, or objective extracontractual liability (complete or partial), which is directly attributable to the company (employees, directors, staff, agents, representatives, or affiliate companies), including any cancellations (partial), overbooking, strikes, force majeure, or any other act that is beyond our control.