General terms

General terms of Málaga On Board and its providers of tourist activities and services

Article 1. General preliminaries

(1) Name and address of the company: Inmaculada Jiménez Recuerda, NIF. 25728268P, Calle Fernando de Herrera, 16D, 29620, Torremolinos, Málaga.

(2) Málaga On Board – hereinafter referred to as Málaga On Board – operates under the domain https://malagaonboard.com/, a platform for booking tours, trips, and activities in Málaga. Visitors to the platform can examine the offers of the providers and make reservations through it. For this purpose, Málaga On Board acts as a commercial agent between visitors (or clients) and providers. Málaga On Board is not a contractual party to the contract between visitors and providers.

(3) Only the following general terms and conditions of contract in the current version at the time of booking shall apply. No other general terms and conditions of contract from the client or provider will be accepted.

(4) In addition to these general terms and conditions of contract, the cancellation and refund policy and the privacy policy also published on the website shall apply for the use of this website or booking platform.

Article 2. Booking process

(1) The presentation of products on the Málaga On Board booking platform does not constitute a legally binding offer for the conclusion of a purchase contract, but rather a non-binding online catalog. By clicking the “Check Availability” button, the customer or visitor requests the availability of a service for a specific day, and once the availability is confirmed, the customer will receive an email with a link for payment. Once the payment for the reservation is made, the customer makes a binding order or reservation for the rental and/or services that appear in the cart along with the data provided for such reservation.

(2) Málaga On Board confirms receipt of the reservation request and payment made by the customer by sending a confirmation email and informs the service provider contracted by the customer.

(3) The provider then has a maximum of 48 hours to accept or reject the request. In the event of accepting the customer’s request, the contract will be deemed to have been signed with binding effect for both parties. Confirmation of the same and access to the object of purchase (coupon for the provider’s service) by email constitute acceptance of the contractual offer by the provider. In the event of rejecting the request, no contract will be entered into with the customer and Málaga on board will cancel the corresponding payments.

Article 3. Cancellation and Revocation

(1) The client may cancel the reservation in writing by email.

(2) It should be noted that cancellation does not entitle the refund of the amount paid for the service if the client does not meet the requirements set out in the cancellation policy of each provider (see cancellation policies on each product page).

(3) In case the client is entitled to a refund, the repayment of payments shall be made within a maximum period of 30 business days. This period will begin from the date the client sends the cancellation request of the service.

Article 4. Performance: General Contracting Conditions of the Provider

(1) The provider provides the services agreed upon in their name and on their own account and responsibility.

(2) The contract between the client and the provider will be concluded when the provider accepts the client’s request (see Article 2, section 3).

(3) The client will be responsible for arriving on time at the agreed meeting point.

(4) The provider may prescribe certain requirements for participation in their services, such as possessing certain navigation licenses. Such requirements will be found in the service descriptions. The client will be responsible for complying with and observing the described requirements.

The provider reserves the right to not authorize or exclude a client from participating in the activity when they do not meet these requirements, in which case, the price paid will not be refunded.

In case of doubt, it is recommended that the client obtain information about the specific conditions on Málaga On Board before making the reservation.

(5) Furthermore, the provider may not authorize or exclude a client from participating in the activity when their participation poses a danger to themselves or others, or when it could significantly impede the normal development of the activity. In these cases, it is not possible to refund the price paid.

(6) The price does not include any insurance unless explicitly mentioned in the description. It is the client’s responsibility to have insurance with sufficient coverage.

(7) If the client has booked an activity for a specific date and different cancellation conditions are offered in the description of the activity and on the ticket, please refer to the cancellation policy.

(8) The provider may cancel an activity without adhering to a cancellation deadline when weather conditions, government provisions, or other external circumstances prevent or significantly impede the performance of the activity. In that case, a change of date will be proposed or the price paid will be refunded. This is subject to exclusion of any compensation for damages or other claims for whatever legal reason.

(9) Likewise, the provider reserves the right to make irrelevant changes to the program when necessary due to unforeseeable and unavoidable circumstances.

(10) The provider will be responsible, according to applicable law, for their performance, but the liability will be excluded to the extent permitted by law.

(11) The legal relationship between the client and the provider of the tours and other services is subject to the applicable law on each occasion.

Article 5. Liability

(1) Málaga On Board shall not be responsible for the services or products provided by the supplier sold through its platform. Málaga On Board provides no warranty since the products and services are not their property. Claims against the supplier shall be subject to the supplier’s general terms and conditions of contract set out in Article 4, as well as, if applicable, the applicable law. Any incident that occurs during the activity shall be the responsibility of the supplier, and Málaga On Board shall be exempt from any liability in this regard.

(2) Málaga On Board shall be excluded from any liability for damages caused by computer viruses, spyware, and other computer programs.

(3) Visitor or customer claims against the supplier shall be first resolved between the parties. If no agreement is reached, Málaga On Board shall act as an intermediary after receiving the corresponding information and shall examine the customer and supplier claims. If the claim is found to be justified, Málaga On Board shall provide a mutually agreed solution to the conflict or refund the customer’s voucher price.

(4) Málaga On Board shall not be responsible for problems arising from lack of access or inherent problems with Internet connectivity or electricity networks when they are due to causes beyond their control or causes that could not have been foreseen by the Parties or, even if foreseeable, Málaga On Board has made all reasonable efforts to avoid them, or they are considered as fortuitous or force majeure causes.

(5) Málaga On Board shall not be responsible in any case for the delay in the performance of its obligations or for the non-performance of the same, if this breach is due to fortuitous events or force majeure reasons, in accordance with article 1,105 of the Civil Code. This circumstance shall be communicated to the other party as soon as possible. If the force majeure cause lasts more than three (3) months, either party may terminate these Terms and Conditions of Contract.

Article 6. Intellectual and Industrial Property

(1) All content on the website is exclusively owned by the platform and, for illustrative purposes only, not limited to, the graphic design, source code, logos, texts, graphics, illustrations, photographs, and other elements appearing on the website, with photographs of activities provided by the supplier for use on the platform for sales or advertising purposes. Likewise, trade names, trademarks, or any other distinctive signs contained on the website are protected by intellectual and industrial property law.

(2) The platform is exclusively responsible for the exploitation of the aforementioned intellectual property rights, in any form, and, in particular, the rights of reproduction, distribution, and public communication. The user is prohibited from any unauthorized use, in whole or in part, of any of the contents of the website that incorporate the platform’s intellectual or industrial property rights.

(3) The platform reserves the right to take any legal action against any user who carries out any action involving the reproduction, distribution, marketing, transformation, and, in general, any other form of exploitation, by any means, of all or part of the contents of the website that constitutes an infringement of its intellectual and/or industrial property rights.

Article 7. Applicable law and jurisdiction

(1) The contractual relationship between Málaga On Board and clients shall be governed by Spanish law. The choice of law shall not affect consumer protection legislation in the country where the client habitually resides or the United Nations Convention on Contracts for the International Sale of Goods.

(2) The legal relationship between the client and the provider of tourist services shall be subject to the applicable law in each case. In case of doubt, Spanish law shall equally apply.

(3) The jurisdiction for all disputes between Málaga On Board and the provider or the client shall be in Torremolinos, Málaga.

(4) Online dispute resolution in consumer matters pursuant to Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/

Article 8. Final provisions

(1) The client may alternatively conclude the contract in the English and Spanish versions of the website.

(2) Modifications- The platform reserves the right to unilaterally modify these terms and conditions at any time and without prior notice. In such cases, they will be published and notified with the utmost possible notice. Similarly, the platform reserves the right to unilaterally modify the presentation and configuration of the website at any time and without prior notice.

(3) We keep the current applicable General Terms and Conditions at the time of booking and send them to both the client and the provider by email. Clients and providers may consult the General Terms and Conditions at any time on the platform.

(4) These Terms and Conditions apply solely to the website and contents of the entity and do not apply to links or third-party websites accessible through the website. The entity is not responsible for the content of any target website of a link or any link included in a website reached from the entity’s website.

(5) For those visitors who only browse the platform without making a reservation, the General Operating Conditions shall apply.

Article 9. Severability clause

The invalidity of any provision of these terms and conditions in whole or in part shall not affect the validity of the remaining provisions.

Málaga, May 4, 2023.

 

Málaga On Board

C/ Fernando de Herrera, 16D

29620 Torremolinos, Málaga.

NIF España: 25728268P