Terms and conditions of collaboration
TERMS AND CONDITIONS OF COLLABORATION
1. General information and purpose
Access to the private collaborators’ section of the volcanoteide.com website (henceforth referred to as the “Website”) owned by TELEFÉRICO DEL PICO DE TEIDE, S.A. (henceforth referred to as “TELÉFERICO”), whose details can be verified on the Website, is restricted to individuals or legal entities who, in accordance with the terms of Royal Decree 89/2010 regulating the activity of tourism brokerage in the Canary Islands, hold the status of tourism operator or travel agent (hereafter referred to as the “Partner”), having registered and accepted the present General Terms and Conditions of Collaboration (henceforth referred to as the “General Conditions”).
The Partner confirms knowledge and acceptance of the present General Conditions from the moment they click on the “Accept Conditions” box.
The present General Conditions, together with the specific conditions to be established and their Appendices, will regulate the collaborative relationship between TELEFÉRICO and the Partner who markets the activities offered through the Website (hereafter referred to as the “Activities”).
The present General Conditions have been drawn up in accordance with the terms of the Spanish Law 34/2002, of 11 July 2002, on Information Society Services and Electronic Commerce, Law 7/1998, of 13 April 1998, on General Contract Conditions, and any other legal provision that may be applicable.
TELEFÉRICO reserves the right to modify any of these General Conditions, and the modifications that will apply will be those in effect at the time the Partner purchases the Activities.
By accepting the present General Conditions and, where applicable, the specific conditions and their Appendices, the Partner commits to market the Activities, in accordance with their terms and conditions.
The present General Conditions complement the Legal Notice and the Conditions of Use and Access to the Website. However, in the case of any discrepancy between the said legal documents and these General Conditions, the latter will prevail.
The Partner will market the Activities in accordance with the terms and conditions established in these General Conditions. Any failure to adhere to the present General Conditions by the Partner will give TELEFÉRICO the right to remove the Partner from the system, with immediate effect, and the Partner shall be unable to demand any kind of liability from TELEFÉRICO for the said action.
The conditions of the Activities and their cancellation policy are those published and always available on the Website. By accepting the present General Conditions, the Partner expressly declares that they accept the conditions of the Activities to be marketed, along with the cancellation policy for the same. The act of booking of Activities by the Partner implies full acceptance of the characteristics of the Activities and the cancellation policy.
Rules for access to the Cable Car
- By purchasing a ticket for the Teleférico del Teide, users agree to be bound by the Rules of Access to the cable car and if they fail to comply, absolve the concessionary company of all responsibility and/or renounce their right to a refund.
- Due to the conditions of the trail itself and the difficulties involved in evacuation, people with reduced mobility must assess their own ability to use the facilities. Nevertheless, Teleférico del Teide staff, under certain circumstances, reserve the right to refuse admission to such people with disability in the interests of ensuring the safety of other users and the smooth operation of the service. Without prejudice to the above, the user concerned or their legal guardian must accept full responsibility for any untoward incident, difficulty in evacuation or other difficulties that may result from using the service without having the capacity required.
- Given the environmental conditions that prevail in the Teide National Park, users must bear in mind that in the event of the failure of the cable car system due to unexpected technical problems, passengers already at the upper station will have to make their descent on foot and using steep mountain paths. This assumes no responsibility on the part of the concessionary company.
Contingency plans and cancellation policy
CABLE CAR / OBSERVATORY
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. In case of cloud cover conditions in the Observatory, the usual itinerary of the visit may be modified.
TEIDE TOUR + CABLE CAR
In the event that weather conditions impede the operation of the cable car for the ‘Teide Tour and Cable car ride’ activity, the price of the cable car return ticket shall be reimbursed at the following rates: Adults €41.00 (non-resident) or €10.25 (resident); Children €20.50 (non-resident) or €5.13 (resident).
SUNSET & STARS
In the event that weather conditions impede the operation of the cable car for the ‘Sunset & Stars’ activity, the sunset shall be enjoyed either from the Chío viewpoint or from Los Roques de García, and the price of the ticket for the cable car at sunset shall be reimbursed at the following rates: Adults €70.00 (non-resident) or €49.00 (resident); Children €49.50 (non-resident) or €34.65 (resident). If weather conditions prevent the astronomical observation from taking place, €35 for non-resident adults and €30 for non-resident children, or €24.50 for resident adults and €21 for resident children shall be reimbursed.
CABLE CAR AT SUNSET
In the event that weather conditions impede the operation of the cable car for the ‘Cable Car at Sunset’ activity, the Partner will be reimbursed the agreed net value of the full amount of the activity.
ASTRONOMIC TOUR
If it is not possible to carry out the entire activity due to adverse weather conditions, the Partner will be refunded the agreed net value of the full amount.
If it is not possible to visit the Teide Observatory due to adverse weather conditions, a night excursion to Mount Teide will take place, and the Partner will be refunded the agreed net value of the Night Tour to Mount Teide (with or without picnic). In case of cloud cover conditions in the Observatory, the usual itinerary of the visit may be modified.
If weather conditions prevent the astronomical observation from taking place, the agreed net amount corresponding to the astronomical observation shall be reimbursed.
ASTRONOMICAL OBSERVATION
In the event that weather conditions impede the observation, the Partner will be refunded the agreed net value of the full amount charged for the activity.
ASCENT TO THE PEAK
If weather conditions mean that the cable car is not operating when the Climbing the Teide Crater with the help of the Cable Car activity is due to take place, a visit to the National Park with an alternative trail will be held instead. The Partner will be refunded the difference between the agreed net value of the ‘Teide Tour without Cable Car’ and the ‘Climbing to Mount Teide Crater with Cable Car’ excursions.
With regard to all other hiking activities, in the event that weather conditions impede the operation of the cable car, an alternative hike shall be arranged and the Partner shall be reimbursed the agreed net value of 50% of the price of the activity.
In the event that the cable car is open but the trail used to reach the peak remains closed by Teide National Park staff, the cable car will be used to ascend to La Rambleta and then follow an alternative trail. Should this occur, the price difference between the ‘Teide Tour and cable car ride’ and the ‘Climbing the Teide Crater with the help of the Cable Car’ excursions shall be reimbursed.
VIP ASCENT TO THE PEAK BY CABLE CAR
With regard to the Ascent to the Peak activities, in the event that weather conditions impede the operation of the cable car, a visit to the National Park with an alternative hike will be held instead. Customers will be refunded the following amounts for each activity option:
VIP ascent to the Peak by Cable Car with transport: Customers will be refunded the price difference between the ‘Private Teide Tour’ and the ‘VIP ascent to the Peak with transport’ excursions, i.e., €165 per person shall be charged up to a maximum of 2 participants, and €49.00 for each additional person. The difference paid shall be refunded.
VIP ascent to the Peak by Cable Car without transport: €115 per person shall be charged up to a maximum of 2 participants, and €31.00 for each additional person. The difference paid shall be refunded.
In the event that the cable car is open but the trail used to ascend to the peak remains closed by Teide National Park staff, a visit to the National Park will be held with ascent by cable car up to La Rambleta, followed by an alternative hike. Should this occur, the following amounts shall be charged:
VIP ascent to the Peak by Cable Car with transport: Customers will be refunded the price difference between the ‘Private Teide Tour with cable car’ and the ‘VIP ascent to the Peak with transport’ excursions, i.e., €197.50 per person shall be charged up to a maximum of 2 participants, and €85 for each additional person. The difference paid shall be refunded.
VIP ascent to the Peak by Cable Car without transport: €147.50 per person shall be charged up to a maximum of 2 participants, and €73.00 for each additional person. The difference paid shall be refunded.
Since this activity includes a permit to access the crater, we do not admit changes or cancellations once the reservation is confirmed. This is due to the way the National Park’s permit issuing system works.
VIP ASCENT TO THE PEAK ON FOOT
In the event that it is not possible to carry out the VIP ascent to the peak on foot due to adverse weather conditions or the closure of one of the trails we usually walk during this hiking activity, we will cancel your hike to Teide and give you a refund of the amount paid.
If the cable car cannot be used to descend on the day of your hike to the peak of Teide due to adverse weather conditions, we will offer you two alternative options: descent on foot from the peak to the starting point of the Montaña Blanca trail or a shorter walk up to the Refuge only, without accessing the crater, and then descent on foot down the Montaña Blanca.
In the event of the onset of poor weather conditions during the hike, your guide, who knows the suitable conditions of the mountain, will decide whether to continue the exclusive ascent to the peak of Teide on foot or cancel it.
Since this activity includes a permit to access the crater, we do not admit cancellations once the reservation is confirmed. This is due to the way the National Park’s permit issuing system works.
CANCELLATIONS
Up to 3 date changes within a maximum of 1 year are permitted.
No charges shall apply to cancellations of reservations for the Cable Car that are motivated by the closure thereof due to weather conditions. You can cancel and/or change the date or time of unused bookings free of charge until 6.00pm on the day prior to the reserved date. Once this period has elapsed, or if the reservation is made after 6.00pm on the previous day, changes will not be accepted, and in the event of a cancellation, customers will be charged the full cost of the booking. All changes and cancellations of Cable Car tickets can be made comfortably via our booking management module.
Since the operation of the Cable Car is subject to the changing weather (wind speed, temperature, etc.), on occasions, the estimated boarding time may be delayed. If the closure of the facilities due to adverse weather conditions or technical reasons causes a delay of at least 90 minutes in relation to the booked time, the full refund of the amount may be requested free of charge provided that the tickets have not been used.
For the Sunset & Stars activity, date changes or cancellations can be made free of charge up to 48 hours prior to the activity. After this period, the cancellation carries a charge of 50% of the amount. If the cancellation takes place with less than 24 hours’ notice, 100% of the amount will be charged.
For the Brunch with Teide Cable Car Ticket activity, reservations may be cancelled or the date of the activity may be changed free of charge up to 48 hours prior to the activity. After this period, 100% of the amount will be charged.
For private activities (except those including the Ascent to the Peak of Mount Teide), date changes or cancellations can be made free of charge up to 72 hours prior to the activity. After this period, the cancellation carries a charge of 50% of the amount. If the cancellation takes place with less than 24 hours’ notice, 100% of the amount will be charged. Up to 3 changes are permitted.
For all other activities, date changes or cancellations can be made free of charge up to 24 hours prior to the activity. After this period, 100% of the amount will be charged.
Since hiking activities ‘Climbing the Teide Crater with the help of the Cable Car’ and ‘VIP ascent to the Peak by Cable Car’ include the permit to access the crater, we do not admit changes or cancellations once booking has been confirmed. This is due to the way the Teide National Park’s permit issuing system works.
Because we market certain experiences provided by third parties, with their own amendment and cancellation policies, you will need to consult the “Changes and Cancellations” section for each experience to ascertain the terms and conditions that apply in each case.
TERMS FOR GROUPS
PAYMENT:
- 100% up to one month before the date of the event.
CANCELLATION: (Except for hiking activities at the peak)
- Less than 30 days’ notice: 50% of the invoice amount.
- Less than 15 days’ notice: 100% of the invoice amount.
ASCENT TO THE PEAK BY CABLE CAR FOR GROUPS:
With regard to the Ascent to the Peak activities, in the event that weather conditions impede the operation of the cable car, a visit to the National Park with an alternative hike will be held instead. Customers will be refunded the following amounts for each activity option:
Ascent to the Peak by Cable Car with transport for groups: Customers will be refunded the price difference between the ‘Teide Tour for groups’ and the ‘Ascent to the Peak with transport for groups’ excursions, i.e., €36.75 per person shall be charged. The difference paid shall be refunded.
Ascent to the Peak by Cable Car without transport for groups: 50% of the difference paid shall be refunded.
In the event that the cable car is open but the trail used to ascend to the peak remains closed by Teide National Park staff, a visit to the National Park will be held with ascent by cable car up to La Rambleta, followed by an alternative hike. Should this occur, the following amounts shall be charged:
Ascent to the Peak by Cable Car with transport for groups: Customers will be refunded the price difference between the ‘Teide Tour and cable car ride for groups’ and the ‘Ascent to the Peak with transport for groups’ excursions, i.e., €68.00 per person shall be charged. The difference paid shall be refunded.
Ascent to the Peak by Cable Car without transport for groups: Customers will be refunded the price difference between the cable car ticket with a guided tour and the ‘Ascent to the Peak by Cable Car without transport for groups’ excursion, i.e., €53 per person shall be charged. The difference paid shall be refunded.
Since this activity includes a permit to access the crater, we do not admit changes or cancellations once the reservation is confirmed. This is due to the way the National Park’s permit issuing system works.
ASCENT TO THE PEAK ON FOOT FOR GROUPS
In the event that it is not possible to carry out the VIP ascent to the peak on foot for groups due to adverse weather conditions or the closure of one of the trails we usually walk during this hiking activity, we will cancel your hike to Teide and give you a refund of the amount paid.
If the cable car cannot be used to descend on the day of your hike to the peak of Teide due to adverse weather conditions, we will offer you two alternative options: descent on foot from the peak to the starting point of the Montaña Blanca trail or a shorter walk up to the Refuge only, without accessing the crater, and then descent on foot down the Montaña Blanca.
In the event of the onset of poor weather conditions during the hike, your guide, who knows the suitable conditions of the mountain, will decide whether to continue the exclusive ascent to the peak of Teide on foot or cancel it.
Since this activity includes a permit to access the crater, we do not admit cancellations once the reservation is confirmed. This is due to the way the National Park’s permit issuing system works.
GROUPS MIN PAX:
- Minimum number of people in the group for these terms to apply.
Acceptance of the present General Conditions similarly implies acceptance by the Partner of the obligation to provide the end customer with the information they require about the conditions of the Activities (payment method, charges, etc.), and of the cancellation policy.
The Partner must keep secure the keys and passwords provided to enable them to access the system as a registered Collaborator, and the Partner is responsible for the use of the system by any third party to whom the Partner has supplied the said keys and passwords.
2. Prices
The gross prices applicable to the Activities (henceforth referred to as the “Prices”) will be those available at any given time on the Collaborators’ private section of the Website. The same are subject to review and may be changed at any time by TELEFÉRICO, but will be changed a minimum of twice a year, on 1 May and 1 November.
3. Reservation of Activities
The Partner must log onto the Collaborators’ private section of the Website, by providing their user name and password. Once logged onto the section, the Partner must display the “Reservations” option and click on the “New Reservation” button. Next, the Partner must complete a form by entering the necessary information, depending on the type of Activity selected. Once the form has been completed, the Partner must confirm the booking by clicking on the “Finish” button.
4. Voucher
The Partner must provide the end customer with either a physical or digital voucher issued by TELEFÉRICO (hereafter referred to as the “Voucher”), which will be the proof of the customer’s eligibility to undertake the Activity, and which will include the details and conditions of the booking—except in cases where the end customer themselves makes the payment, in which case it will be TELEFÉRICO which will provide direct access to the said Voucher under the terms of Clause 5. Payment to be made by the end customer.
5. Payment
Payment methods for Activities are as follows:
Payment to be made by the Partner
- Credit or debit card / PayPal:On selecting this option, the Partner will be transferred to the virtual payment gateway of the bank or PayPal, where they will be required to enter the data from their card or key to effect the payment.
Upon transaction completion, a page is displayed with the details of the reservation and a link to download the Voucher.
- Credit payment: Use of this payment method will require a minimum deposit of €5,000 in advance, as well as the completion and signing of one of the specific conditions which will result in the signing of a specific contract (henceforth referred to as the “Specific Conditions”). In these “Specific Conditions” the Partner will authorise a direct debit to be set up and his/her account will be debited with the charges issued by Teleférico as an invoice.
Use of this form of payment is subject to express prior approval in writing by TELEFÉRICO.
Payment to be made by the end customer
TELEFÉRICO will send an email to the end customer so that they can make the payment directly. The end customer must access the link contained in the said email in order to be transferred to the virtual payment gateway of the bank or PayPal, where they must enter the details of their card or key which are required to effect the payment.
Upon transaction completion, a page is displayed with the details of the reservation and a link to download the Voucher.
Both virtual gateways are completely unrelated to TELEFÉRICO, and therefore TELEFÉRICO will not store either the bank details, or any card or key numbers belonging to the end customer. Any problem or malfunction of the payment gateways (online POS) is the responsibility of the payment gateways used by the relevant bank or PayPal system, as the owners or developers of the payment platforms.
6. Commission
The Partner’s remuneration will consist of a commission, payment of which will result from the application of a percentage discount to the prices of the Activities. The percentage discount for each of the Activities is that published at any given time in the Collaborators’ private section, and may be subject to modification at any time.
7. Invoicing
The invoicing method varies according to the selected method of payment:
Payment to be made by the Partner
TELEFÉRICO will issue invoices to the Partner.
The invoices will reflect the amount remaining after the percentage discount has been applied to the Prices (Net Amount).
Payment to be made by the end customer
The Partner will issue invoices to TELEFÉRICO.
The invoices will reflect the commission charge applicable to the Activities in accordance with the commission payment rates published in the Collaborators’ private section.
TELEFÉRICO will make payment on the basis of:
- the Vouchers redeemed for Teide Cable Car tickets during the immediately preceding month;
- the Activities actually provided to the PARTNER’S customers during the immediately preceding month.
8. Intellectual and industrial property
8.1 Intellectual property
By providing the Partner with marketing materials (slides, CDs, DVDs, logos, brochures, catalogues, images, etc.) (hereinafter “Materials”), TELEFÉRICO authorises for these items to be reproduced, distributed and publicly shared solely to fulfil the purpose of this Contract. Unauthorised use of these Materials is not permitted by TELEFÉRICO.
The Partner agrees that its use of these Materials does not grant intellectual property rights over the content, elements or any components created to render the services and that comprise the Materials provided by TELEFÉRICO.
8.2 Industrial property
TELEFÉRICO confirms to the Partner that it owns the “VOLCANO TEIDE”, “TEIDE.GUIDE" and "VENTEARRIBA” brands (hereinafter the “Brands”) along with any industrial property rights that are used by virtue of the collaborative relationship that is the subject of the present General Conditions, or that it has obtained authorisation from the corresponding owner to comply with the applicable obligations.
For all intents and purposes, the Partner agrees that its use of the Brands and any other industrial property rights owned by TELEFÉRICO, for the purposes specified in this Contract, does not grant the Partner any rights over those items.
TELEFÉRICO authorises the Partner to use these industrial property rights, such as brands, trade names, etc., strictly for the purpose of the present General Conditions (First Clause) and only when the collaboration is in effect, and they may not be used for any purposes not specified in these General Conditions.
The Partner agrees not to buy or hire as keywords the trademarks of TELEFÉRICO, nor expressions such as “cable car”, “Teide cable car”, “Tenerife cable car”, “cable car Teide”, “cable cab”, “shuttle”, “funicular”, “chair-lift” or “ski-lift”, “teide.guide” or “ventearriba”, or any of their variants, including grammatically incorrect variants, regardless of the language in which they are expressed, from the “Google Ads” service, or any similar platform, or to use them as metatags for the purpose of obtaining a competitive advantage in relation to TELEFÉRICO.
The Partner must include the broadly matching negative keywords appearing in Appendix [*] in the Search Network of their “Google Ads” account, or in any similar platform used by the Partner.
The list of negative keywords must be included in every campaign, regardless of the language or the audience at whom they are aimed.
TELEFÉRICO reserves the right to revise and correct the above-mentioned list at any time, and the Partner shall be obliged to immediately update their “Google Ads” or similar account, once they have been notified of any modification.
Additionally, the Partner agrees to take the necessary measures aimed at safeguarding the TELEFÉRICO brands, trade names or industrial property rights, whilst the present General Conditions are in effect and afterwards.
Within the framework of the obligations specified in the present General Conditions, the Partner’s use of the TELEFÉRICO brands, trade names, logos, corporate image or any other industrial property rights will always require prior supervision and written approval from TELEFÉRICO, which must also authorise the placement and final location of its identifying symbols in the documents or formats created by the Partner.
Once the collaboration that is the subject of the present General Conditions has been terminated, for any reason, the Partner may no longer use the identifying symbols referred to in this Clause.
Additionally, on termination of the collaboration that is the subject of the present General Conditions, the Partner may no longer use the Materials, brands or images of the Activities marketed by TELEFÉRICO, and the Partner must return all the Materials within one (1) month. Failure to do so will result in the Partner being legally liable for the unauthorised use of those Materials.
The Parties agree to mutually indemnify and hold each other harmless in the event of a claim and/or payment of an amount linked to and/or resulting from the failure to comply with and/or violation of the other Party’s industrial or intellectual property rights or the failure to comply with any of the obligations specified in this Clause.
9. Personal Data Protection
The Partner verifies that they are a professional entity or that they represent an entity related to the tourist sector. Notwithstanding the foregoing, the personal details gathered during the time the Partner is connected to our website for online ticket sales shall be used exclusively for the purpose of placing the order. Personal data will not be transferred to third parties, except under legal obligation.
Duty to inform
Under the Spanish Law on Data Protection and Guarantee of Digital Rights [Ley Orgánica de Protección de Datos y garantía de los derechos digitales (LO 3/2018)] and the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016, the details of the PARTNER will form part of a Record of Processing Activities for which TELEFÉRICO is responsible. This file, which will be treated confidentially, is for the purpose of fulfilling the contractual relationship with the Partner. The Partner also has the rights of access, rectification, erasure, objection, limitation on processing, data portability, the right to be forgotten (as a result of application of the right to erasure of personal data), and the option of withdrawing their consent, which they may exercise by writing to the address provided in this agreement or by e-mailing teleferico@telefericoteide.com. The following information must be provided: full name and photocopy of identity document, the right to be exercised and the content and purpose of the request as well as the address for notification purposes, date and signature. Exercising the right of erasure will mean that the agreement is deemed to be terminated by TELEFÉRICO, and all of the documentation held by TELEFÉRICO will be returned. TELEFÉRICO will allow and facilitate the exercise of these rights on receipt of applications submitted via electronic media to the e-mail address provided. TELEFÉRICO will inform the applicant of the results of his/her request within one month.
Data processing
TELEFÉRICO represents and warrants that the data have been collected in compliance with the LOPDGDD and the EU REGULATION 2016/679, and that it complies with all the obligations laid down therein. TELEFÉRICO hereby undertakes to access the personal data disclosed to it by the Partner under the conditions and in accordance with the requirements laid down in Article 33 of the Spanish Law 3/2018 and in the EU REGULATION 2016/679, when such access is necessary for the provision of the services that are the purpose of this Agreement. TELEFÉRICO will only process personal details in accordance with Partner’s instructions and will not use them for any purpose other than that envisaged, and will not disclose them to third parties even for storage purposes. Under no circumstances will TELEFÉRICO provide data to third parties, except under legal obligation. TELEFÉRICO is obliged to adopt and implement the necessary technical and organisational security measures that guarantee the security of personal data and prevent their alteration, loss and unauthorised processing or access, in accordance with the provisions of the EU REGULATION 2016/679, on the protection of personal data.
In this respect, the Partner undertakes to guarantee at least the same security measures as TELEFÉRICO, and if the nature of the data makes them subject to greater protection, the Partner will undertake to comply with adequate measures for that protection. Once the contractual service stipulated herein has been provided, TELEFÉRICO must destroy or, if instructed to do so, return the personal data, together with any media or documents containing any personal data that have been processed without keeping any copies of them and without any natural person or corporate entity having knowledge of them. TELEFÉRICO accepts no responsibility arising in the case of any claim for non-fulfilment of anything previously guaranteed.
In accordance with EU REGULATION 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016, Article 13, the appointed Data Protection Officer is GAC ACOSTA&TORRES, S.L.. (Company Tax/VAT registration number CIF: B-38878260) whose registered office is at Calle Doctor Pisaca 6, 2º, 1º, postcode 38400, Puerto de la Cruz, Santa Cruz de Tenerife. Telephone: +34 922 38 14 22. E-Mail: laura@gacacostaytorres.com
Confidentiality
The parties hereto acknowledge that in performing this Agreement they will have access to Confidential Information of the other party, understood to mean all information that the parties have not expressly declared to be non-confidential, including but not limited to, business, commercial or technical information. Neither of the Parties is authorised to publish, disclose or disseminate the Confidential Information in any way or by any means, or to use it for its own benefit or that of any third parties without the prior written agreement of the other party.
The parties hereto have an obligation to keep secret all information concerning the data stored in their computer systems and keep them confidential and only use them for the specific purposes for which they were provided.
The Partner may consult additional, detailed information on Data Protection on our website: www.volcanoteide.com/en
10. Documentation and language
The present General Conditions may be accessed at any time in this section, and may be printed and stored by the Partner.
The present General Conditions were originally written in Spanish, and may be translated into other languages. In the case of any conflict between these translations and the original Spanish text, the latter will prevail.
11. Jurisdiction and Applicable Legislation
In the resolution of any dispute that may arise in connection with the interpretation or application of the present General Conditions, Spanish law will apply. Everything relating to our Website is governed exclusively by European law. In the event of any discrepancy or difference arising between the parties regarding the interpretation and content of these General Conditions, the parties choose to submit the resolution of any dispute to the Courts of the User’s domicile and thereby expressly waive any other jurisdiction.
12. Terms and conditions of use of the Trail Audio Guide APP
These Terms and Conditions of Use set out the rules governing the use of the “Volcano Teide” Application (hereinafter the APP). They can be downloaded from the domain volcanoteide.com By downloading or using the APP, an individual acquires the status of User. Doing so implies their acceptance of all conditions included in this document and in the Privacy Policy and Legal Notice of the said website. The User should read these conditions every time they use the APP, as these are subject to amendment from time to time.
Only those Users expressly authorised by TELEFÉRICO DEL TEIDE can proceed to download and use the APP. Unauthorised Users may not access the said content.
Charges: You are responsible for paying any costs or expenses you incur as a result of downloading and using TELEFÉRICO DEL TEIDE’s Application, including any network operator’s charge or roaming charge. Check the relevant details with your provider.
Anonymised statistics: TELEFÉRICO DEL TEIDE reserves the right to follow your activity on the Application, and to supply the information to our third-party statistics service providers. All information will be sent in an anonymised form.
Protection of your personal information: We want to help you to take every step necessary to protect your privacy and details. Please refer to TELEFÉRICO DEL TEIDE’s Privacy Policy and to the Application’s privacy alerts to find out what kind of information we gather and the measures we take to protect your personal information.
Altering or modifying any part of the APP or its content, bypassing, deactivating or manipulating (or attempting to bypass, deactivate or manipulate) the program’s security functions or any other functions, or using the APP or its content for commercial or advertising purposes is prohibited. Using the APP to damage the property, rights or interests of TELEFÉRICO DEL TEIDE or those of third parties is prohibited. Also prohibited is any usage that interferes with, damages or disables TELEFÉRICO DEL TEIDE’s networks, servers, equipment, products or IT programs—or those of third parties.
The APP and its content (text, photographs, graphics, images, technology, software, links, content, graphic design, source code, etc.) as well as the branding and other distinctive features, are the property of TELEFÉRICO DEL TEIDE or of third parties, and the User derives no rights over them by using the APP. The User should refrain from:
- Reproducing, copying, distributing, placing at the disposal of third parties, publicly communicating, transforming or otherwise modifying the APP or its content—except in those cases allowed by the law or expressly authorised by TELEFÉRICO DEL TEIDE, or by the owner of such rights.
- Reproducing or copying the APP or its content for private use, communicating them publicly or placing them at the disposal of third parties when doing so entails reproducing them.
- Extracting or reusing all or a significant part of the content of the APP.
Subject to the conditions laid down in the previous section, TELEFÉRICO DEL TEIDE grants the User a non-exclusive, free licence to use the APP for personal use on Spanish territory, and for an indefinite period of time. The said licence is also granted on the same terms with regard to any updates or improvements that may be made to the Application. Such licences may be revoked unilaterally and at any time by TELEFÉRICO DEL TEIDE simply notifying the User.
In all cases, the User is responsible for the provision of tools capable of detecting and disinfecting harmful computer programs, or any other harmful technology. TELEFÉRICO DEL TEIDE accepts no responsibility for damage caused to computer equipment while using the APP. Likewise, TELEFÉRICO DEL TEIDE accepts no responsibility for damage caused to Users when such damage results from interruptions in the service caused by faults or disconnections in telecommunications networks.
IMPORTANT: We may, without obligation to you, modify these Conditions of Use at any time, and without prior notice. If you continue using the Application subsequent to any modification to these Conditions of Use, this will constitute acceptance by you of those modifications. If you do not accept these Conditions of Use, or do not agree to be bound by them, you must not use the Application, nor must you download or use any associated software. Your use of the Application remains your sole responsibility. We accept no responsibility whatsoever for the removal or inability to store or transmit any content or other information stored or transmitted by the Application. We accept no responsibility for the accuracy or reliability of any information or advice transmitted via the Application. We may limit or interrupt your use at any time, and at our sole discretion. To the fullest extent permitted by the law, in no case shall we be held responsible for any related loss or harm.
The User commits to proper use of the APP, in accordance with the Law, with these Terms and Conditions of Use and with the other regulations and instructions which may be applicable. The User assumes liability vis à vis TELEFÉRICO DEL TEIDE and any third party for any loss or harm which may be caused by a failure to abide by these terms.
These Terms and Conditions are subject to regulation by the law of Spain.
In the event of any discrepancy or difference arising between the parties regarding the interpretation and content of these Terms and Conditions, the parties choose to submit the resolution of any dispute to the Courts of the User’s domicile and thereby expressly waive any other jurisdiction.