These General Terms and Conditions (“General Terms and Conditions”) define the conditions applicable to the use of the website “Tourtivity”, owned by TRIGGLE AG (“Website”) and are applicable to the relationship between MTS INCOMING, S.L. (“MTS”), as the provider of the Excursion and Transfer services (“Services”), and any third party navigating through the Website (“Customer”).
I. Acceptance: By navigating through this Website Customer expressly accepts these General Terms and Conditions and declares to be of legal age.
II. Website Ownership: TRIGGLE AG is a company duly registered, with its headquarters located in Dammstrasse, 19 6300 Zug, Switzerland, under the Swiss Commercial Register number of Zurich CHE-327.034.921. TRIGGLE AG is the exclusive and unique owner of the Website and all the content hosted in the Website. Consequently, TRIGGLE AG will be entitled to amend these General Terms and Conditions herein at any time without prior notice to Customer. Likewise, TRIGGLE AG will be entitled to modify the content, information or details regarding the Services when appropriate. Any amendment will be immediately applicable upon posted in the Website. TRIGGLE AG will in no case be responsible of any unavailability or the functioning of the Website, whatever its cause or nature (i.e. technological situation, bug or viruses).
III Service Provider: MTS is a company duly incorporated according to Spanish Law and duly registered in the Commercial Registry of Palma de Mallorca, with headquarters located in Fluvià, 1, 1st Floor, 07009, Palma de Mallorca (Spain), and holder of the tax identification number B-07844764. MTS is the Service Provider of the Excursion and transfer Services.
IV. Services: This Website allows the Customer to book excursion and transfer services (“Services”) in the conditions detailed for each booking (“Booking”). Services offered through the Website may change from time to time subject to MTS decision. Services are offered as described in the Website.
V. Bookings: Any Booking regarding Services made through this Website involves the acceptance of these Terms and Conditions by the Customer, and consequently, these Terms and Conditions will be enforceable to any Booking made through the Website with no exception. Bookings not bound or partially bound by these Terms and Conditions will in no case be acceptable nor valid.
VI. Customers: The use of this Website is restricted to legal age consumers only. No under-age will be eligible as user or Customer to the purposes of this Website nor to these General Terms and Conditions.
VII. Conditions of the Services: Any Booking made by Customer will be subject to the price, dates, timings and descriptions displayed in the Website at the moment of such reservation, and that are specified in the corresponding Service voucher. Details or warranties not expressly specified in the corresponding Service Voucher shall not be deemed as included in the Services. Services include insurance coverage to the Customers.
VIII. Booking Procedure: Customer acknowledges that any booking made through the Website involves accepting these Terms and Conditions. Reservations not bound by the Terms and Conditions will in no case be acceptable or valid. In order to make a Booking, Customer must follow the instructions displayed in the Website. Bookings will only be valid if made by Customer of legal age (18 years old). In case Booking is related to third persons or under age, Customer must be granted with the relevant authorisation for that purpose. In order to formalize the Booking, Customer must provide all personal information requested during the process regarding all members included in the Booking. Customer states that all information provided during the Booking procedure is accurate and up to date. Customer will be responsible for any mistaken data, and acknowledges that the amendment of any incorrect data will be subject to the corresponding administrative fees as detailed in the following section VIII (Booking Conditions).
IX. Booking Conditions: i) Price. Prices detailed in the Website are per person and include applicable taxes, unless expressly detailed otherwise in the Service voucher. Prices detailed in the Website and in the Service voucher include all costs regarding to the rendering of the Services hired. Children rates are applicable and calculated based on the date the service is provided. ii) Cancellation. MTS’ cancellation policy will be applicable in case of cancellation of any Booking. In this regard, Customer acknowledges that cancellation fees may be applicable. Full refund will only be possible in case of cancellations made until 24 hours prior the Service time. Cancellations done within the 24 hours time frame won’t be refunded. Any cancellation requirement must be addressed to the Customer Service. Customer shall provide the number/code of the Booking.** iii) Modification:** Any modification requirement regarding to a Booking shall be addressed to the Customer Service. Customer acknowledges that MTS cannot assure the availability for the required modification. Any costs regarding the modification will be at Customer exclusive charge, as well as the corresponding administrative fee. Modifications will be only processed at the time of the corresponding payment.
X. Payment: Bookings will only be valid if the corresponding payment has been processed correctly. Payments will only be accepted in full (partial payments are not allowed). TRIGGLE SPAIN S.L.U. payment platform allows the encryption of all payments made by Customers through the Website and is verified by reputable financial entities and, therefore, ensures secure payments regarding any processed Bookings. Credit card details or any other data provided by Customer during the payment process are protected and will be disclosed exclusively to the financial entities in charge to process such payment following Customer’s instructions. Customers are allowed to use credit and debit system payments, and particularly: i) American Express; ii) Visa; iii) Visa Electron; and iv) Mastercard. Payments through bank transfer are not available. All payments are managed under TRIGGLE SPAIN S.L.U. This Website is owned by TRIGGLE AG, however the transaction will appear in your credit card statement as TRIGGLE SPAIN S.L.U.as the merchant of the record.
XI. Liability: MTS will be liable for direct damages caused by wilful misconduct or gross negligence during the performance of the Services. MTS’ responsibility in case of consequential damages and loss profit is expressly excluded. In any case, MTS’s responsibility will be limited to the Price effectively paid by the Customer for the corresponding Service. Notwithstanding the aforementioned, MTS will in no case be held liable to the Customer for the risks involved in the activities hired through the Website due to its own nature. Customer undertakes those activities to their own and exclusive risk. MTS does not assume any responsibility for the loss or theft of any personal belongings such as cash, luggage, photographic or video recording equipment, mobile devices, personal computers during the performance of the Services. Additionally, MTS will not be responsible for any misuse of credit cards belonging to the Customer and provided for the payment of the relevant Booking. MTS will in no case be liable to the Customer in the event Services cannot be performed according to the Booking or are suspended or cancelled due to force majeure events or acts of God. These events may include, but are not limited to, war, threat of war, terrorist activity or the threat of such activity, riot, strike, acts of government or any other authority, borders closure, natural or nuclear disaster, fire, chemical or biological disaster, adverse weather, significant risks to human health, epidemics, or any other analogous event beyond MTS’ control. In the event the final customer misses any flight, transfer, excursion or any other service for reasons directly attributable to MTS and/or the service provider in the provision of the Touristic Services, MTS and/or the services provider’s liability to the final customer will in no circumstances exceed the booking price of the Touristic Service rendered.
XII. Customer Service: In the event Customers have any queries or difficulties while processing any Booking, Customers may address to MTS’ Customer Service to the phone contact given in the relevant Booking confirmation voucher or through the contact form provided in the Website. In case of complaints or problems with any of the Services hired through this Website, Customer must address to MTS’ Customer Service. MTS’ personnel will assist the Customer and provide an adequate action to properly solve the situation. In the event Customer is not satisfied with the solution offered by MTS’s personnel, Customer may initiate the corresponding claim. Claims will be accepted only if filed within the term defined by the applicable law. In case of any problem regarding the processing of any payment in the Website, Customer may as well address to the Customer Service.
XIII. Personal Data Protection: Customer will be required to provide personal data in order to process the corresponding Booking, and therefore, Customer expressly accepts to provide personal data as name, address, birth date, gender, nationality, credit card details and contact data (such as telephone number or email) to MTS for such purpose. In this regard, MTS is obliged to process such personal data exclusively for carrying out the Services and in strict compliance with European Regulation (EU) 2016/679, of April 27, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. Additionally, MTS is obliged to comply with the provisions in force regarding the Information Society Services and Electronic Commerce.
XIV. Applicable Law: These Terms and Conditions shall be governed by and construed in accordance with the Law generally applicable in Spain.
XV. Dispute resolution: Any dispute arising from the interpretation or execution of these Terms and Conditions will be submitted to the jurisdiction of the Courts of Palma de Mallorca (Spain). In this regard, Customer expressly waives any other jurisdiction that may be applicable.