TERMS AND CONDITIONS
TERMS AND CONDITIONS OF ON-LINE PURCHASE
I. OWNERSHIP OF THE WEBSITE
BELMION INVERSIONES SL (hereinafter referred to as BELMION), a Spanish company with the company tax code no. B-67653071 is the owner of the Website thetenerifechannel.com (hereinafter, the Website).
Customer service: belmioninversiones@protonmail.com
II. GENERAL TERMS AND CONDITIONS
These Conditions of On-Line Purchase shall expressly govern the relations arising between BELMION 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, the 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 (amended by final provision 2.2 of the Law 3/2014, of 27 March 2014. Ref. BOE-A-2014-3329), the Law 6/2020, of 11 November 2020, regulating certain aspects of confidential electronic services, published on 12 November in the Official State Bulletin, and any other legal provision that may be applicable.
Before making your on-line purchase, remember that you must give your express consent to the processing of your personal data by BELMION INVERSIONES SL 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 BELMION through the website thetenerifechannel.com. The services which are currently provided by BELMION and which are the subject of the contract with consumers are the services relating to the sale of certain types of tickets for the different excursions that the company offers.
The products and services offered by BELMION 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 BELMION 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
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 or QR 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: belmioninversiones@protonmail.com
Contingency plans:
Mount Teide, Theme Parks, Whale and Dolphin Watching and all other activities
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.
CANCELLATIONS
No charges shall apply to requests for modification or cancellation of reservations for any activity that are motivated by the closure thereof due to weather conditions. We will try to change the date upon availability, or cancel your ticket free of charge until 6.00pm on the day prior to the reserved date. Once this deadline has passed, or if the reservation is made after 6.00pm on the previous day, it will not be possible to make any changes or cancellations and no refunds will be made.
For all activities, date changes or cancellations can be made free of charge up to 24 hours prior to the activity depending on availability. After this period, 100% of the amount will be charged.
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. Promotional codes can not be used with other promotions and are valid for single use only.
1.4. Modification of the General Conditions of On-Line Purchase
BELMION 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 BELMION 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 the Record of Processing Activities held by Belmion Inversiones SL 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.
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.