Conclusion of contract
The sending of a non-binding enquiry via the enquiry form on the GomeraVive website, a telephone call or e-mail correspondence does not constitute a contract.
You will receive a concrete offer from us by e-mail. Should you wish to book this offer, we will ask you for positive confirmation by e-mail.
This concludes the binding contract for both parties for the booking of an excursion or a package of excursions.
Services
The booked service includes the services described on the GomeraVive website at the time of the conclusion of the contract.
Unforeseeable changes to the planned programme, e.g. due to weather conditions, official directives, etc., cannot always be avoided in the events we offer. If we are aware of such changes before the start of the event, we will inform the participant immediately.
In any case, we will implement the best possible comparable variants.
Services not used
If individual services (lectures, excursions, transport, catering, etc.) are not used by the customer for reasons for which GomeraVive is not responsible, the customer has no right to a proportional refund.
Terms of payment
A deposit of 20% of the price is due upon conclusion of the contract. The total amount is to be paid at the latest 14 days before the first excursion takes place. The date of receipt of payment on the GomeraVive account is decisive for this. In the case of bookings made at short notice (less than 21 days before the start), the full amount is due on conclusion of the contract.
Cancellation of the booking of a package by the customer
Cancellation of a programme package must be made in writing.
In the event of cancellation up to 30 days before the start of a programme, a processing fee of 5% of the total price will be retained.
In the event of cancellation up to 14 days before the start of a programme, the deposit paid amounting to 20% of the total price will be retained as cancellation compensation.
In the event of cancellation 13 days before the start of a programme up to the day before the start, a cancellation fee of 50% of the price will be retained.
In the event of cancellation on the day of the start of a programme, 100% of the package price is payable to GomeraVive.
Cancellation of the contract by GomeraVive
If the minimum number of participants required for the implementation of an excursion or excursion package is not reached, GomeraVive is entitled to withdraw from the contract before the start of the excursion or a weekly programme, unless we have made other announcements in writing in advance. A withdrawal from the contract must be communicated to the participant at the latest 14 days before the agreed start of the programme.
If an offer is not carried out due to withdrawal by GomeraVive, the participant will be reimbursed immediately for any payments already made. Additional expenses such as air or rail tickets and accommodation will not be covered.
In the event of a cancellation due to the minimum number of participants not being reached, GomeraVive will make you an alternative offer if possible. This also includes the possibility of a modified offer in terms of price for the originally planned itinerary. In this case we would also try to recruit additional day guests for the individual excursions.
Cancellation of contract by GomeraVive in case of illness of Volker Boehlke
If the marine biologist is unable to run an excursion or package of excursions due to illness, there would be no full replacement. GomeraVive would take care of substituting a guide and we can assure the realisation of the whale watching with another guide or boat. However, the lectures, pond safari and coastal walk could be cancelled. In such a case, the guest can cancel the booking and would get his money refunded.
Non-scheduled exclusion by GomeraVive
Should a participant persistently disrupt the course of an excursion or programme package or behave in a manner contrary to the contract or the law, GomeraVive has the right to terminate the contract without notice after prior warning. A refund of the price for services not used is excluded.
Termination of the contract due to force majeure
If the implementation of the events is impossible due to force majeure (e.g. weather conditions, natural disasters), GomeraVive is not obliged to refund the price or partial amounts.
Requirements for the participant
Anyone who is healthy and able to meet the requirements specified in the excursion description can take part in the excursions offered by GomeraVive. The information on the physical requirements for the excursions offered by GomeraVive is given to the best of our knowledge and belief, but without guarantee, as it is subject to subjective assessments and can be influenced by external circumstances, especially weather conditions.
It is obligatory that the participant is equipped appropriately for the type of excursion. This includes, for example, appropriate hiking equipment for mountain hikes.
The GomeraVive hiking guides or companions of the other excursions or events are entitled to exclude a participant who does not meet these requirements from the programme in whole or in part.
Deficiencies
If, in the opinion of the excursion guest, a defect occurs, he/she is obliged to report this defect immediately to the local GomeraVive guide and to demand redress. A claim by the guest with regard to any subsequent warranty claims against GomeraVive requires a written notice of defect documented on site.
Complaint sheets are available for this purpose.
Insurance/liability
GomeraVive has taken out liability insurance (Responsabilidad Civil) for all self-organised excursions, which is obligatory for Spanish active tourism organisers, and accident insurance for the guests.
We are nevertheless obliged to present the exact key data of each excursion to the guests before the start and are required to have a confirmation of the fulfilment of this information obligation countersigned, which we accordingly also carry out before each excursion/package.
GomeraVive is not liable for service disruptions in the case of mediated external services, such as the whale watching tour. In this case, the respective service provider is exclusively liable. The same applies to transfer services arranged by GomeraVive (bus, taxi).
Place of jurisdiction
The participant may only sue GomeraVive at its registered office in Santa Cruz de Tenerife. The place of residence of the participant is decisive for legal action by GomeraVive against the participant.
Special booking conditions for individual excursions with “GomeraVive”:
Our prices are set according to the excursion, as described on the following page: https://www.gomeravive.com/en/active/
Group prices are arranged individually and confirmed in writing by e-mail or Whatsapp.
A confirmation in written form is considered as a concluded contract.
Cancellation due to weather conditions by GomeraVive
Should an excursion not be able to take place due to weather conditions, GomeraVive can cancel up to the scheduled start. If possible, the customer will be offered a new date (rebooking). If this is not possible, the total amount will be refunded.
Cancellation on the part of the client
For cancellations up to 24 hours before the event, a handling fee of 10,- € will be charged.
For cancellations less than 24 hours before the event, the total amount is due.
If a customer is proven to be ill, we will refund the amount minus a handling fee of 10,- €. This does not apply to accompanying persons.
