In order to comply with the provisions of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the general information data of this website are indicated below:
- Owner: Juan Vicente Cardet Borillo
- Addres: Callejón Explanada del Castillete, Puerto de Mogan, amarre 170, cp. 35139, Mogan, Las Palmas (España).
- Contact: Juan Vicente Cardet Borillo Borillo
- Registration details: ID: 52795816Y
These provisions regulate the use of the service of the Internet website (hereinafter referred to as the «Web») which the self-employed Juan Vicente Cardet Borillo (hereinafter referred to as SAILINGGAY as a trade name) makes available to Internet users. The contracts and transactions that are made through it will be understood as concluded in Spain and will be formalized in Spanish language, governed by the Spanish legislation, general and the sector of provision of services related to travel, leisure and entertainment.
Access to the website is free except for the cost of connection through the telecommunications network provided by the access provider contracted by users. Certain services are exclusive to our customers and their access is restricted.
The fact of accessing the Website implies the knowledge and express acceptance to each and every one of these General Conditions of Use of the Website (hereinafter “General Conditions”), in the version published and in force at the same time as the User accesses the Website, as well as those of any provider of tourist or travel services (hereinafter “Service Provider”). Therefore, it is mandatory that the User read carefully the General Conditions before using the Website, as well as the particular conditions that, if necessary, amend or replace the General Conditions in relation to certain services and contents of the Website, since they may have undergone modifications since the last time you accessed the Website.
Some Web services accessible to Internet users or exclusive to SAILINGGAY customers remain subject to particular conditions, regulations and instructions that, if necessary, replace, complete and/or modify this Legal Notice and that must be accepted by the User before the provision of the corresponding service. Access to and/or use of such services and content expresses the complete and unconditional acceptance of the particular conditions in the version published by SAILINGGAY at the time such access and/or use occurs.
- The user declares that he is of legal age (over 18 years old) and has the necessary legal capacity to contract the services offered by the providers of the website SAILINGGAY, also stating that he accepts the link to this agreement and understands, and accepts in full the conditions set forth herein to use this website and to contract the services offered.
In the case of recruitment by minors, the authorization of the parents or guardians is required in order to enjoy the contracted service. The user undertakes to use the services and contents on our website in accordance with the Law the general and particular terms and conditions of the services offered by CANARIAS GAY at all times, and must refrain from using them to:
- To transmit your username and password to unauthorized third parties, you must immediately notify SAILINGGAY. Access by an unauthorized user to such information.
- Introduce into the network data programs likely to cause damage to the computer systems of SAILINGGAY, its suppliers or third-party users of the internal network or this website.
- Engaging in illegal activities, contrary to good faith, customs, morals or public order.
- Perform activities that constitute a violation of the regulations on intellectual and industrial property or any other norm of the applicable legal system.
- Reproduce, duplicate, sell or exploit for commercial purposes any content of the website.
- Disseminating racist, pornographic, advocacy and/or human rights content.
- The user, in order to contract the different services offered by SAILINGGAY, such as tourist services, car rentals, ticket sales for shows and activities, among others, offered by the SAILINGGAY website, as well as for the receipt of newsletters with information on offers you must register as a customer, for which purpose you declare that all the information provided at the time of registration is true, complete and precise that in accordance with Organic Law 15/1999 on Protection of Personal Data, the person registering expressly authorises SAILINGGAY to proceed to include in an automated file the personal data contained in the fields of the form as necessary for the proper provision of its services, such as:
- Book and purchase tourist services, tickets for shows, arrange leisure activities and develop services related to the marketing of said services.
Check credit cards and other types of payment cards. - Perform statistical analyses.
- Comply with the accounting, billing and auditing requirements of SAILINGGAY.
- It is indicated that the responsible for the file is SAILINGGAY (street, telephone, fax, e-mail) for the exercise of the rights of access, rectification, cancellation and opposition provided for in the Law.
- It also expressly authorizes the communication of such data to third parties when it is necessary for the adequate provision of services that are contracted respecting at all times the legislation in force.
- Book and purchase tourist services, tickets for shows, arrange leisure activities and develop services related to the marketing of said services.
The user gives his express consent to receive electronic communications with advertising and commercial news of SAILINGGAY and of the products or services that it markets or promotes. SAILINGGAY makes available to users the means of contact referred to in the previous paragraph for them to revoke their consent.
The prices indicated on the screen include the IGIC and any other tax that was applicable at the rate in force at the time of contracting.
- All the contents, trademarks, logos, drawings, etc. that appear on the company’s website are protected by the intellectual and industrial property rights that are expressly reserved by SAILINGGAY or, where applicable, by persons or undertakings listed as authors or holders of such rights. Violation of the above rights shall be prosecuted in accordance with the legislation in force. Therefore, reproduction, exploitation, alteration, distribution or public communication by any title or means of all the contents of the SAILINGGAY website for uses other than legitimate information or contracting by users of the services offered. In any case, the prior written consent of SAILINGGAY will be required.
- The user accepts that the legislation applicable to the operation of this service is Spanish. The Judges or Courts of the company’s registered office shall have jurisdiction to hear and determine disputes arising from the interpretation or application of this clause. It may also be submitted to an arbitral tribunal if agreed by both parties.
The company reserves the right to make any changes it deems appropriate in the terms and conditions established. Such modifications and/or periodic updates shall be made without prior communication to users.
- The links or links to other websites that appear on the pages of SAILINGGAY are offered for information purposes only to the user, so the company SAILINGGAY is not responsible for the products, services or content offered or provided on landing pages located in another domain.
- The company SAILINGGAY makes every effort within its means to offer the information contained in the website truthfully and without typos. In the event of any such error occurring at any time, regardless of the will of the company, it would proceed immediately to correct it. If there is a typographical error in any of the prices shown and a customer has made the purchase decision based on this error, the company will inform the customer and the customer will have the right to cancel their purchase at no cost.
- The registration of the user as a registered customer of SAILINGGAY implies the knowledge and express acceptance of these general conditions. The contracting of a specific tourist service offered by the service or travel providers listed on the website implies the explicit acceptance of the general conditions of contract of the supplier concerned. The document in which the contract is formalized will be archived in a database accessible only SAILINGGAY as responsible for it. The customer can identify and correct the errors suffered in the entry of data by communicating it to SAILINGGAY, using the procedure provided in the third clause of these conditions.
- The user is responsible for providing their correct data, especially the delivery address of orders and documents, as well as the names of the contractors that must match exactly those on their ID or passport. The company is not responsible for any problems or expenses caused by such errors.
- If any clause contained in these general conditions is declared in whole or in part, void or ineffective, such nullity or ineffectiveness shall affect only that provision or that part thereof which is void or ineffective, The general conditions remain in everything else, being kept at such disposal or the party that is affected, by not placing.
The legally ineffective condition shall be replaced by a new one, or interpreted in a legally acceptable manner, that is as close as possible to the condition that would have been formalized had it been known that the condition in question was ineffective.
- RESPONSABILITY
The liability of the company is limited, specifically and without prejudice to the liability excluded in other clauses of these conditions, in the following cases:
a) In the development of activities that, by their nature, involve any type of risk, the contracting client will be responsible for the consequences that may arise from its exercise.
b) In the same way, the company SAILINGGAY shall be exempt from all liability when the programmed activities cannot or must be carried out due to atmospheric phenomena that do not recommend their execution, or other reasons of different nature, even if the company providing the services decides to continue with the program or the client decides to perform them despite the contraindication of the same, not being responsible the company SAILINGGAY for the incidents, and personal or material damages that may be incurred as a result.
c) In carrying out such activities, the customer must at all times follow the instructions that the service provider dictates, otherwise, it will be solely and exclusively the customer responsible for the consequences of their negligence may occur.
d) In the event of non-compliance with the security rules established for the development of the contracted activities, the person who omits such measures and/or standards without the possibility of transferring the same to another subject shall be solely responsible.
e) Nor shall the company SAILINGGAY be liable for breach or damages caused as a result of force majeure, fortuitous case, coercion, including, but not limited to; strike, labor conflict, war (declared or not) or threat or preparations of war, invasion, revolt, terrorist attack or threat, terrorist activities, riots, industrial disputes, natural disasters, adverse weather conditions, hurricane, earthquake, fire, flood, snow storm, explosion, storm, sinking, epidemic, inability to use trains, ships, aircraft, motor transport or other means of transport, public or private, inability to use telecommunications systems, accident, transport accidents, etc.
f) The company will not be responsible for the technical availability of the web pages that the user accesses through its website. The user assumes under his exclusive responsibility the damages that, if any, could be derived from the access to said contents, as well as any other damage or damage caused to your computer system by any downloaded material or in any way obtained through the use of the services or by any loss of data arising from downloading such material.
g) In addition, the company shall not be liable for damages arising from infringements by any user affecting the rights of another user, or third parties, including copyright rights, trademarks, patents, confidential information and any other intellectual and industrial property rights.
h) Nor will the company be liable for damages caused to the user by improper use of the service as a result of maintenance work, or a defective configuration of the user’s computer equipment, or insufficient capacity to support the IT systems needed to use the services offered.
i) The company is not responsible for the losses that customers may suffer, due to any crime perpetrated during the trip and their stay at destination. Likewise, it is informed that they must inform the administrative or police authorities of the place of the events suffered.
j) The organising company shall not be responsible in the event that, for reasons unrelated to it, changes of schedule or of another nature are made in the contracted shows or in the activities, including the case of suspension.
k) In the event of loss of travel documentation (hotel vouchers, airline tickets, circuit vouchers, etc.) by the customer that leads to loss of services, the undertaking shall not bear the costs of a new booking and issue or the return of the loss.
- ENFORCEABILITY
The fact that the company does not on one occasion require the user to comply with any condition of the general conditions shall in no way affect the company’s right to require compliance at a later time or the right of any other party to require compliance.
Any waiver by the company of any of the rights or faculties derived from the general conditions of contract shall be made in writing. Failure by the company to require strict compliance with any condition may not in any case be considered as a waiver, nor will it deprive the company of the right to later demand strict compliance with them.
- CANCELLATION
You can cancel your reservation at least 96 hours before the pick-up date. If you wish to cancel your reservation, please contact us through our Customer Service Centre, by e-mail or by telephone 0034655666727. The cancellation of your reservation will have a management fee of 25 euros.
There shall be no compensation in the following case:
When the cancellation of the service and/or product offered by this website is due to force majeure, meaning those circumstances alien to the person invoking them, abnormal and unforeseeable, whose consequences could not have been avoided despite due diligence.
- FEES FOR MANAGING CHANGES AND CANCELLATIONS
In case of cancellation or modification of the reservation, the company will charge the user 25 Euros per reservation for management costs, this being a non-refundable amount. In addition, cancellation fees will be applied according to the restrictions of each rate if such modification or cancellation occurs before the date of entry to the hotel, the user will pay an amount that may vary between the price of one night, up to 100% of the booking amount depending on the destination, date and hotel booked.
- CHANGES
It is informed that, in the event that the client, once the trip has begun, voluntarily requests any modification of the contracted services (e.g. night stay, changes of hotel, activities…) the prices of tourist services may not correspond to those published in the prospectus which gave rise to the contract.
In this case, transfers between hotels will be borne by the customer, and the customer must also pay the management costs, as a result of the processing of the new booking made or the change of the flight requested.
- PACKAGES
The contracting of Package Travel is subject to the provisions of the Royal Legislative Decree 1/2007 and the specific conditions agreed with the users depending on the wholesaler who organizes the package.
For this purpose, Combined Travel is considered to be the prior combination of at least two of the elements indicated in the following paragraph, sold or offered for sale at their overall price, when such service exceeds 24 hours or includes one night stay.
The elements referred to in the preceding paragraph are as follows:
- Transporting
- Lodging
- Other tourist services which are not incidental to transport or accommodation and which constitute a significant part of the package, such as the hiring of leisure activities.
The hiring of a set of “Loose Services” is expressly excluded from the definition of Combined Travel.
- OFFERS
In no case may the offers published in this brochure be cumulative with each other or with other publications.
- PRICE REVIEWS
The price of the package has been calculated according to the exchange rates, transport rates, fuel cost and tax rate applicable at the time of consultation and booking confirmation. Any variation in the price of these items may result in the revision of the final price of the trip.
On the occasion of special events, bridges, local festivities, etc. The price of the trip can be altered on the final price of the reservation.
In addition, the final price for the customer will be once he has in his possession the locator of the reservation and has been charged on his card, being not binding the price shown until then.
This price does not include: visas, airport and/or entry and exit fees, vaccination certificates, extras such as coffees, wines, spirits, mineral waters, special food regimes or even in the case of full or half board, unless otherwise expressly agreed in the contract, washing and ironing of clothing, optional hotel services and, in general, any other service not expressly mentioned in the “travel price includes” or it is not specified in the programme/offer, in the contract or in the documentation given to the consumer when signing it.
In addition, excursions or optional visits and tips are not included.
- EXTRA NIGHTS
In order to make the itinerary tailor-made, we publish the price of the extra night in each establishment. This price will be used exclusively to extend your stay. Also, the amount of the extra night will not be the corresponding date of departure, but the actual date of stay at the hotel. However, failure to return to the airport on the day of departure will entail additional costs to the initial package where it was already valued.
- LIMITATION OF ACTIONS
The limitation period shall be that for actions arising from Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
- TRANSFER OF THE RESERVATION
On the basis of Article 155 of the Consolidated Text of the General Law for the Protection of Consumers and Users, the main contractor or the beneficiary may assign their reservation in the package to a person who fulfils all the conditions required for it. Such transfer must be communicated in writing to the organising company at least 15 days before the date of the start of the journey, unless the parties agree on a shorter period in the contract. The person who makes the booking for the package and the transferee shall be jointly and severally liable to the retailer or, where appropriate, the travel organiser for the payment of the balance of the price and for any justified additional costs that may have been caused by the transfer.
- LIABILITY OF AIRLINES IN RELATION TO PASSENGERS AND THEIR BAGGAGE.
The carrier is liable for any change of flights (advance, for example) as specified in article 247 of the Commercial Code: “the commission or mediation contract and the actions arising therefrom shall have an effect between the principal and the person or persons whom they contract with the commission agent”.
- Compensation in case of death or injury.
There is no financial limit for liability in case of injury or death of the passenger. For damages of up to approximately 123,000 Euros, the airline may not contest claims for compensation. Above that amount, the airline can only challenge a claim if it can prove that it was not negligent or otherwise. - Prepaymens.
In the event of the death or injury of a passenger, the air carrier shall pay an advance payment within 15 days from the day of identification of the person entitled to compensation to cover immediate economic needs. In the event of death, this advance may not be less than approximately 20,000 Euros. - Delay in arrival of the passenger to his destination.
According to Art. 6 of Regulation (EC) 261/2004, the air carrier is liable for the damage provided that:
Passengers depart from an airport located on the territory of an EU Member State subject to the provisions of the treaty.
Passengers depart from an airport located in a third country to another located in the territory of an EU Member State subject to the provisions of the Treaty, unless they enjoy benefits or compensation and assistance in that third country, where the air carrier responsible for the flight in question is a Community carrier. - Other changes in flight.
The carrier is liable for any change of flights (advance, for example) as specified in article 247 of the Commercial Code: “the commission or mediation contract and the actions arising therefrom shall have an effect between the principal and the person or persons whom they contract with the commission agent”. - Baggage delays.
In the event of delayed baggage, the airline is liable for the damage provided that it has not taken all reasonable measures to avoid the damage or has not been able to take such measures. The liability for baggage delay is limited to approximately 1,230 Euros. - Destruction, loss or damage of luggage.
The airline is responsible in case of destruction, loss or damage to the luggage up to the approximate amount of 1.230 Euros. With respect to checked baggage, you are liable even if you are not guilty, unless the baggage was already damaged. With respect to unchecked baggage, the airline is only liable for damages caused by its fault. - Higher limits for luggage.
A passenger may benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying an additional fare.
Complaints about the luggage. - Complaints about the luggage.
If the air carrier in charge of the flight is not the same as the contracting air carrier, the passenger may make a complaint or a claim to any of them. If the name or code of an airline is on the ticket, that is the contracting airline. - Responsibility of the company with which the service has been contracted and of the company in charge of the effective provision.
If the air carrier in charge of the flight is not the same as the contracting air carrier, the passenger may make a complaint or a claim to any of them. If the name or code of an airline is on the ticket, that is the contracting airline. - Time limits for complaints.
A claim to a court must be filed within two years of the arrival of the aircraft or the day on which the aircraft should have arrived. - Basis of the information.
The rules described above are based on the Montreal Convention of 28 May 1999, developed in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and the national legislation of the Member States. This notice, required by European Union Regulation (EC) 889/2002, may not be used to substantiate a claim for compensation or to interpret the provisions of the Regulations or those of the Montreal Convention. - Passengers’ rights in case of denied boarding and flight cancellation.
According to art. 5 Regulation (EC) 261/2004, if you are denied boarding or your flight is cancelled, the carrier responsible for the flight is obliged to compensate you and assist you. Provided you have checked in on time, these rights can be used for any flight, including charters:- passengers depart from an airport located in the territory of an EU Member State subject to the provisions of the treaty
- passengers depart from an airport located in a third country to another airport situated in the territory of an EU Member State subject to the provisions of the Treaty, unless they enjoy benefits or compensation and assistance in that third country, where the air carrier responsible for the flight in question is a Community carrier.
- Denied boarding.
When the number of passengers exceeds the number of seats available, the airline must first ask volunteers to resign their seats in exchange for certain compensations, which must include reimbursement of the ticket amount (with a free return ticket to the first point of departure, if applicable) or the alternative transport offer to the final destination.
If you have not volunteered, the company must pay you compensation of:- EUR 250 for flights of less than 1 500 km.,
- EUR 400 for longer flights within the EU and other flights between 1500 and 3500 km.,
- EUR 600 for flights of more than 3 500 km. outside the EU.
The compensation may be halved if the delay does not exceed 2, 3 or 4 hours respectively. - The company shall:
- choose between a refund of the ticket amount (together with a free ticket back to the first point of departure, if applicable) and an alternative means of transport to its final destination; and
- provide you with sufficient food and drink free of charge, hotel accommodation where necessary (including travel), as well as media.
- Cancellation of flights.
When the flight is suspended, the operating carrier shall:- choose between a refund of the ticket amount (together with a free ticket back to the first point of departure, if applicable) and an alternative means of transport to its final destination; and
- provide you with sufficient food and drink free of charge, hotel accommodation where necessary (including travel), as well as media.
The airline may also have to compensate you, in amounts equal to those due in case of denied boarding, unless you have been informed of the cancellation in good time and offer alternative transport at a time close to that originally planned.
Compensation or refunds will be paid in cash, by bank transfer or cheque or, upon agreement signed by the passenger, in travel vouchers, and will be effective within 7 days.
If you are denied these rights, immediately file a complaint with the operator of the flight.
- Long delays.
Immediate assistance
If you check in on time for any flight, including charter:
Departing from an EU airport or bound for an EU airport from an airport outside the EU if the flight is operated by a Community carrier and if the airline operating the flight foresees a delay of 2 hours or more for flights of less than 1500 km., 3 hours or more for longer flights within the EU and for other flights between 1 500 and 3 500 km., 4 hours or more for flights of more than 3 500 km. outside the EU, that company is obliged to provide sufficient food and drink, accommodation in a hotel when necessary (including travel), as well as to provide you with means of communication. When the delay is 5 hours or more, the carrier must also offer you the refund of the ticket amount (together with a free ticket back to the first point of departure, if applicable). If you are denied these rights, immediately file a complaint with the operator of the flight. - Subsequent claims.
If an EU airline is responsible for the delay of a flight anywhere in the world, you can claim up to 4 150 SDR for damages. If the company is not satisfied with the claim, you can go to court.
You can complain to the company with which you have contracted your trip, or to which you operate the flight, if they are not the same.
- Compensation in case of death or injury.
- FLIGHTS.
In some cases, certain flights will be made with an airline that is not included in the ticket or the booking confirmation, due to the use of shared codes and alliances between airlines, for which we are not responsible. In addition, there are offers with charter flights in which the schedules shown on the ticket are not guaranteed.
- TAXI SERVICE.
Unless expressly stated by the customer that he will not use this service, a taxi (or a minibus or a bus) will be hired to transport the user to the final destination.
- FARE «TOURIST WITH RESTRICTIONS»
When the buyer chooses the tariff «Tourist with restrictions», unless expressly stated, it is a tariff in which no changes or cancellations are allowed and no refund of the amount of the reservation is contemplated in any case. This means that you are not allowed to use the ticket in a way other than what you have contracted, including this fact trying to use the return of a flight, without having previously used the departure.
- PAYMENT METHOD. REGISTRATION AND REFUNDS.
At the time of registration, the company requires the payment of 100% of the total amount of the trip, issuing the corresponding receipt specifying the package requested. These general conditions may be cancelled if the contracted trip presents specific SPECIAL CONDITIONS of which will be duly informed at the time of contracting, which may be given based on limited times of issuance of air tickets, request for signalling accommodation and deposits, issuance of ferry tickets that are usually reservation and issuance and other services that may require the aforementioned PARTICULAR CONDITIONS of travel.
If the total price of the trip is not paid under the conditions indicated, the consumer shall be deemed to have abandoned the trip requested, the conditions provided for in the following paragraph being applicable.
All refunds that are applicable for any reason, will always be formalized through the Retail Agency where the registration was made, no refund being made for services not voluntarily used by the consumer.
Take into account the provisions of the clause immediately above referring to the tariff «Tourist with restrictions».
Withdrawal of the consumer, Transfers and Cancellation of the trip for not reaching the minimum number of people registered.
At any time the user or consumer may withdraw from the services requested or contracted, having the right to a refund of the amounts paid, but shall indemnify the Agency for the following items:
- In the case of individual services: All management costs plus cancellation costs, if any.
- In the case of package travel and unless withdrawal is due to force majeure:
- Management costs plus cancellation costs, if any.
- A penalty, consisting of 5% of the total trip if the withdrawal occurs more than ten days and less than fifteen days before the start date of the trip; 25% within the ninety-six hours (96 h) prior to departure.
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If you do not show up at the scheduled time of departure, you will not be entitled to any refund of the amount paid, unless otherwise agreed between the parties.
In the event that any of the contracted and cancelled services were subject to special economic conditions of hiring, such as aircraft charter, ships, special rates, etc., cancellation fees for withdrawal shall be established in accordance with the conditions agreed by both parties.
The consumer of the package may assign his reservation to a third person, requesting it in writing fifteen days before the date of start of the trip, unless the parties agree on a shorter term in the contract.
The transferee must satisfy the same requirements as the transferor, which are generally required for the package travel, and both shall be jointly and severally liable to the Travel Agency for payment of the travel price and the additional justified expenses of the assignment.
In cases that the Organiser conditions, and so expressly specifies, the viability of the package offer to have a minimum of participants and if that number is not reached, the trip is cancelled, the user shall be entitled exclusively to reimbursement of the total price, without being able to claim any amount as compensation, provided that the Agency has notified him in writing at least five days before the scheduled start date of the journey.
- PAYMENT AND PURCHASE OF BANKNOTES
Your credit card will be charged automatically during the Online Booking and Purchase process, at which point all the fare conditions will apply. From now on, the documentation is collected, issued and sent. You have previously given your express agreement regarding the dates, flights, fare and conditions of the same. The company does not take over in case you do not receive the confirmation e-mail due to problems in your email account or on your server. Indicate the document you will show at check-in, at the Airport, to identify yourself.
Orders or reservations will only be binding once accepted by the company through the Order Confirmation. The user must verify the Confirmation and notify, by e-mail or fax, any possible errors, otherwise, 24 hours after the issuance of the confirmation made by SAILINGGAY will be presumed valid for all purposes with respect to the order made, as stated in the confirmation issued by SAILINGGAY.
In matters not specified by this clause, the provisions of the Consolidated Text of the Consumer and User Protection Act shall be complied with.
