General Conditions
Málaga on Board and its tourism activity and service providers General Terms and Conditions
Article 1 Introductory Terms and Conditions
(1) Name and address of the company: Francisco Álvaro Domínguez Hervás, CIF. 74896091H, Calle Colegial n.º15 Apto-206, 29620, Torremolinos, Málaga.
(2) Málaga on board – in the following, Málaga on board – operates under the domain www.malagaonboard.com a booking platform for excursions, tours and activities in Málaga. Visitors to the platform can, via the platform, examine the offers of the providers and make bookings. For this purpose, Málaga on board acts as a commercial agent between visitors (or customers) and suppliers. Málaga on board is not a contractual party to the contract between visitors and suppliers.
(3) Only the following General Terms and Conditions apply in their current version at the time of booking. No other General Terms and Conditions of Business than those of the customer or the supplier shall be accepted.
(4) For the use of this website or this booking platform, in addition to these General Terms and Conditions, the operating conditions and privacy policy also published on the website shall apply.
Article 2 Booking process
(1) The presentation of the products on the Málaga on board booking platform does not constitute a legally binding offer for the conclusion of a purchase contract, but a non-binding online catalogue. By clicking on the button “Buy now”, the visitor or customer places a binding order or reservation for the excursion and services listed in the shopping cart and confirms the correctness of the information provided.
(2) Málaga on board confirms receipt of the booking request and the payment made by the customer by sending a confirmation email and informs the tour or service provider about the request.
(3) The provider then has a maximum of 48 hours to accept or reject the request. If the customer’s request is accepted, the contract is binding for both parties. Confirmation of the contract and access to the object of purchase (voucher for the service of the provider) by e-mail shall constitute acceptance of the contractual offer by the provider. In case of refusal, no contract will be concluded with the customer and Málaga on board will cancel the corresponding payments.
Article 3 Cancellation and revocation
(1) The customer may cancel the reservation or order in writing (e.g. by letter, fax or email) within 14 days without giving any reasons or, if the product is received before the expiry of the deadline, also by returning the product. The period begins after receipt of these written instructions, however, not before receipt of the goods by the customer. The timely dispatch of the revocation or the product is sufficient to observe the revocation period.
(2) The right of revocation shall be excluded in the event that a period or time for the activity or excursion has been agreed upon. However, the regulations of § 4 para. 7 shall apply.
(3) In the event of an effective revocation, both parties shall reimburse the services received. The obligation to reimburse payments must be fulfilled within 30 days. This period shall commence with the dispatch of the declaration of revocation or the product for the purchaser and with the receipt thereof for the supplier.
Article 4 Performance: General Terms and Conditions of Business of the Supplier
(1) The supplier performs the agreed services in his own name and on his own account and responsibility.
(2) The contract between the client and the supplier shall be deemed to have been concluded when the supplier accepts the client’s request (see § 2 para. 3).
(3) The client shall be responsible for being on time at the agreed meeting place.
(4) The supplier may prescribe certain requirements for participation in his services, e.g. the possession of certain driving licences. Such requirements are to be found in the descriptions of the services. The client shall be responsible for complying with and observing the requirements described.
The supplier reserves the right to refuse or exclude a client from participation in the tour or activity if the client does not meet these requirements, in which case the price paid will not be refunded.
In case of doubt, the customer is recommended to inquire about the specific conditions in Malaga on board or to consult the supplier before booking.
(5) Furthermore, the provider may refuse or exclude a client from participating in the tour or activity if the client’s participation would be dangerous to himself or others or if it would impede the normal course of the activity. In such 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 responsibility of the client to have sufficient insurance cover.
(7) If the customer has booked an activity for a specific date and different cancellation conditions are stated in the description of the activity and on the ticket, please refer to the cancellation policy.
If the client is unable to take advantage of a date for a tour or activity, the supplier and Malaga on board will endeavour to find an alternative date for the client to avoid a cancellation or no-show on the originally agreed date.
(8) The supplier may cancel an activity without adhering to a cancellation period if the weather, governmental regulations or other external circumstances prevent the realisation of the activity or make it significantly more difficult or endangered. In this case, the price paid will be refunded. This is to the exclusion of any claims for damages or other claims for any legal reason whatsoever.
(9) Furthermore, the supplier reserves the right to make irrelevant changes to the programme if this becomes necessary due to unforeseeable and unavoidable circumstances.
(10) The supplier shall be liable in accordance with the applicable law for its services; however, liability shall be excluded to the extent permitted by law.
(11) The legal relationship between the customer and the provider of the tours and other services is subject to the applicable law from time to time.
Article 5 Liability
(1) Málaga on board shall not be liable for the services or products of the provider sold through its platform. Málaga on board does not provide any guarantee as the products and services are not its property. Claims against the supplier shall be subject to the General Terms and Conditions of the supplier as set out in Article 4, as well as, if applicable, to the applicable law.
(2) Liability for damage caused by computer viruses, spyware and other software is excluded.
(3) Claims of the visitor or customer against the provider must first be clarified between both parties. If no agreement can be reached, Malaga on board shall take on the role of an intermediary after the relevant information has been sent to it and shall examine the claims of the customer and the provider. If the complaint is considered justified, Malaga on board will provide a mutually agreed solution to the conflict or credit the customer’s account with the price of the voucher.
(4) Malaga on board shall not be liable for any problems arising from lack of access or problems inherent to Internet connectivity or electricity networks when these have their origin in causes beyond its control or causes which could not have been foreseen by the Parties or which, although foreseeable, Malaga on board has made all reasonable efforts to avoid them or which are considered to be fortuitous or force majeure.
(5) Malaga on board shall in no event be liable for any delay in the performance of its obligations or for the non-performance of the same, if such non-performance is due to acts of God or force majeure, in accordance with the provisions of article 1.105 of the Civil Code. This circumstance shall be communicated to the other party as soon as possible. If the cause of force majeure lasts for more than three (3) months, either party may terminate these Terms and Conditions.
Article 6 Intellectual and industrial property
(1) All the contents of the website are the exclusive property of the entity, including, but not limited to, the graphic design, source code, logos, texts, graphics, illustrations, photographs and other elements that appear on the website. Likewise, the trade names, trademarks or distinctive signs of any kind contained on the website are protected by intellectual and industrial property law.
(2) The entity has exclusive rights to exploit the aforementioned intellectual property in any form and, in particular, the rights of reproduction, distribution and public communication. The user is prohibited from any non-consensual use, in whole or in part, of any of the contents of the website that make up the intellectual or industrial property rights of the entity over the website and/or its contents.
(3) The entity reserves the right to take any type of legal action against any User who carries out any action that implies reproduction, distribution, commercialisation, transformation, and in general, any other form of exploitation, by any procedure, of all or part of the contents of the website and that constitutes an infringement of the intellectual and/or industrial property rights of the same.
Article 7 Applicable law and jurisdiction
(1) The contractual relations between Málaga on board and the Customers shall be governed by Spanish law. Excluded from this choice of law is the customer protection legislation of the country in which the customer is habitually resident, as well as the application of the United Nations sales law.
(2) The legal relationship between the customer and the provider of the tourist services is subject to the law applicable in each case. In case of doubt, Spanish law shall also apply.
(3) The place of jurisdiction for all disputes between Málaga on board and the supplier or the client is 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 customer may alternatively conclude the contract in the English and Spanish versions of the website.
(2) Modifications – The entity reserves the right to unilaterally modify these conditions at any time and without prior notice. In such cases, these conditions will be published and notified as far in advance as possible. Likewise, it reserves the right to modify, unilaterally, at any time and without prior notice, the presentation and configuration of the website.
(3) We store the General Terms and Conditions applicable at the time of booking and send them to both the customer and the supplier by e-mail. Customers and suppliers can view the General Terms and Conditions of Business at any time on the platform.
(4) This Legal Notice refers only to the website and content of the entity, and does not apply to links or third party websites accessible through the website. The entity is not responsible for the content of any linked destination website or any link contained in a website reached from the entity’s website.
(6) For visitors who only browse the platform without making a booking, the General Terms and Conditions of Operation shall apply.
Article 9 Safeguard clause
The invalidity in whole or in part of any provision of this contract shall not affect the validity of the remainder of the contract.
Malaga 18 March 2022.
- Malaga on board.
- C/ Colegial nº15
- Flat 206
- 29620 Torremolinos, Malaga.
- NIF Spain: 74896091H