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Terms & Conditions

PAPAGAYO CATAMARAN TERMS & CONDITIONS

The terms and conditions specified below regulate the access and use of the URL address www.papagayocat.com (hereinafter WEBSITE) and our booking agents

SERVICE DESCRIPTION

Papagayo Catamaran offers shared and private excursions around the Island of Lanzarote and Fuertaventura. Included in the excursion is the use of kayaks, paddle boards and snorkelling equipment, we also provide tapas style food onboard and both soft and alcoholic drinks. The excursions can be of varying lengths but the most common is 4 hours.

PRICES

Our prices for PRODUCT/SERVICE published on our website and offered by our agents are fixed, clear and exact information will be supplied concerning the price of the PRODUCT or SERVICE indicating if they are applied, what any possible extra costs and SERVICE conditions are.

USER OBLIGATIONS

The PRODUCTS and SERVICES made available to the USER on the WEBSITE and by the SALES AGENTS are offered with the condition that every one of the terms, conditions and notices listed below (collectively, the “AGREEMENT”) are accepted without any modification, the USER accepts that they are bound by the AGREEMENT and declares that they have read and understood its conditions.

Read the AGREEMENT carefully, as it contains information concerning your legal rights and the limitations of said rights, as well as a section on the law and jurisdiction applicable to conflicts. Regarding all bookings, it will be considered that the person who makes the booking has accepted this AGREEMENT on behalf of the people names in the booking.

It is possible that changes or modifications are made in the future in the AGREEMENT in accordance with the terms and conditions specified herein.

The USER is responsible for providing their data correctly in the booking process

  • The USER is responsible, in any case, of the accuracy of the information provided and is required to make the crew aware of any illness or injury that may effect them during the excursion or afterwards.
  • The traveller is responsible for complying with government documentation requirements necessary to use means of transport that require presentation of identity documents to embark on them.
  • Carrying out illicit activities, contrary to the good faith, customs, morals or law and order.
  • Carrying out activities that constitute a violation of the intellectual and industrial property regulation or any other rule of law applicable.

LIABILITY AND RESPONSIBILITY DISCLAIMERS AND LIMITATIONS â€" AGREEMENT

WE SUGGEST YOU READ THIS SECTION CAREFULLY AS IT LIMITS PAPAGAYO CATAMARANS RESPONSIBILITY AND LIABILITY BEFORE YOURSELF REGARDING ANY INCONVENIENCES THAT MAY ARISE REGARDING USE OF THIS WEBSITE AND ANY PURCHASES MADE WITH OUR SALES AGENTS. IF YOU DO NOT UNDERSTAND THE CONDITIONS OF THIS SECTION OR ANY OTHER PART OF THIS AGREEMENT, CONSULT A LAWYER TO CLARIFY ANY DOUBT BEFORE ACCESSING AND USING THIS WEBSITE OR MAKING A PURCHASE IN ANY OF OUR OFFICES.

THE INFORMATION, CONTENTS, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE MAY CONTAIN INACCURACIES OR ERRORS, INCLUDING ERRORS OF PRODUCT AVAILABILITY AND PRICES. PAPAGAYO CATAMARAN DO NOT GUARANTEE THE ACCURACY OF THE PRODUCT INFORMATION AND DESCRIPTIONS SHOWN ON OUR WEBSITE OR LITERATURE (INCLUDING, WITHOUT LIMITING, THE PRICES, AVAILABILITY, PHOTOGRAPHS, FEATURES, INCLUSIONS, EXCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, OPINIONS, REVIEWS, ETC.) THEY NEITHER ASSUME ANY RESPONSIBILITY FOR ERRORS AND INACCURACIES IN SUCH INFORMATION AND DESCRIPTIONS OF SUCH PRODUCTS AND SERVICES. IN ADDITION, PAPAGAYO CATAMARAN EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERROR OF AVAILABILITY AND OF PRICES ON OUR WEBSITE AND/OR ON PENDING BOOKINGS MADE WITH AN INCORRECT PRICE.

PAPAGAYO CATAMARAN DO NOT MAKE ANY STATEMENT REGARDING THE SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND SERVICES THAT ARE ON THIS WEBSITE NOR ANY OF ITS PARTS, FOR ANY PURPOSE, AND THE INCLUSION OR THE OFFERING OF ANY OF THE PRODUCTS OR SERVICES OF THIS WEBSITE DO NOT CONSTITUTE ANY FORM OF ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL THE INFORMATION, CONTENTS, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY FORM OF GUARANTEE. PAPAGAYO CATAMARAN DISCLAIM ALL GUARANTEES AND CONDITIONS, AS WELL AS OTHER TERMS OF ANY KIND, REGARDING THAT THIS WEBSITE, ITS SERVERS OR ANY EMAILS SENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAPAGAYO CATAMARAN HEREBY DISCLAIMS ALL GUARANTEES AND CONDITIONS, REGARDING THE INFORMATION, CONTENTS, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLICIT GUARANTEES AND CONDITIONS, REGARDING MERCHANTABILITY, THE ADEQUACY FOR A PARTICULAR PURPOSE, THE OWNERSHIP, PEACEFUL POSSESSION AND NON INFRINGEMENT.

PAPAGAYO CATAMARAN ALSO EXPRESSLY DISCLAIMS ANY GUARANTEE OR STATEMENT, AS WELL AS OTHER TERMS OF ANY KIND, REGARDING THE ACCURACY OR PRIVATE NATURE OF THE WEBSITE CONTENT.

NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT PAPAGAYO CATAMARAN LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD; (III) FRAUDULENT STATEMENT; (IV) DELIBERATE BREACH OR GROSS NEGLIGENCE; OR (V) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

PAPAGAYO CATAMARAN ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, STATEMENTS, GUARANTEES, BREACHE OR MISCONDUCT OF ANY OF SUCH PROVIDERS OR PRIVATE TOUR GUIDES, NOR OF ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM THE BOOKING, OR THE USE ON YOUR BEHALF OF A PRODUCT OR SERVICE. PAPAGAYO CATAMARAN WILL NOT BE LIABLE FOR NOR WILL MAKE REFUNDS IN THE EVENT OF SUFFERING ANY FORM OF DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, NOR BE LIABLE FOR ANY ADDITIONAL EXPENSE, OMISSION, DELAY, ITINERARY CHANGE OR THE ACTION OF ANY GOVERNMENT OR AUTHORITY.

UNDER THE ABOVE, YOU USE OUR WEBSITE AND THE SERVICES PROVIDED IN OUR AGENTS OFFICES AT YOUR OWN RISK AND PAPAGAYO CATAMARAN, ITS OWNERS OR STAFF SHALL NOT BE LIABLE IN ANY EVENT FOR THE LOSS, DAMAGES, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL OR FOR ANY LOSS OF REVENUE, PROFITS, GOODWILL, DATA, CONTRACTS OR USE OF MONEY, NOR FOR THE LOSSES OR DAMAGES CAUSED BY THE FOLLOWING FACTS OR RELATED TO THEM: BUSINESS INTERRUPTIONS OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE LOSS OF DATA OR INFORMATION AND THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES COSTS); THE ACCESS, DISPLAY OR USE OF THIS WEBSITE BY YOU; THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, AMONG OTHER ASPECTS, YOUR TRUST IN THE COMMENTS AND OPINIONS THAT APPEAR ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITE, PRODUCT OR SERVICE OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING FROM THE ACCESS, DISPLAY OR USE OF THIS WEBSITE). THE FOREGOING SHALL APPLY TO LOSSES OR DAMAGES REGARDLESS OF THEIR BASIS, WHETHER NEGLIGENCES, CONTRACT, GRIEVANCE OR STRICT LIABILITY OR OTHERWISE, EVEN IF AQUATICKETS HAS BEEN NOTIFIED THE POSSIBILITY OF THEM OCCURRING.

THESE TERMS AND CONDITIONS, AS WELL AS THE ABOVE DISCLAIMERS DO NOT AFFECT MANDATORY STATUTORY RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

PAYMENT AND CANCELLATIONS

Payment of SERVICES booked through the WEBSITE and our SALES AGENTS will be made in advance, unless otherwise expressly stated.

The purchase of any PRODUCT will only be effective in the moment that PAPAGAYO CATAMARAN or our AGENT take the payment validly with either cash or credit card in the OFFICES, or on the WEBSITE through credit card, debit card or payment platforms such as Stripe or Paypal, until that time they can be cancelled by PAPAGAYO CATAMARAN.

The fact of requesting a booking on the WEBSITE implies commitment by the customer to authorize the charge on the credit card that is supplied the full amount of the booked SERVICE. The credit card data provided on the WEBSITE will be managed directly by the bank concerned without any intervention from PAPAGAYO CATAMARAN. PAPAGAYO CATAMARAN in no case records, saves or has access to the USERS credit card data.

To ensure service quality and USER satisfaction, the SERVICES booked through the platform will be billed by PAPAGAYO CATAMARAN acting always on behalf of our suppliers. When you book any SERVICE you will receive a voucher by email with a detailed description of the booked SERVICE and the provider data. If you require a bill, you must inform us of the voucher locator number to make the appropriate operation.

CANCELLATION OF BOOKING BY USER

You can make an early cancellation of the booked SERVICES requesting so to our Customer Service department by email at papagayocat@gmail.com or contacting one of our OFFICES.

Cancelling a booking with PAPAGAYO CATAMARAN may result in the application of cancellation fees, as described below. The provider or individual tour operator may charge additional fees. When you cancel any booking, you will be notified in person, by email or by telephone the total amount of the cancellation fees.

  • If the USER cancels their booking more than 72 hours in advance we will proceed to refund 75% of the purchase amount, deducting 25% in concept of cancellation fees.
  • If the USER cancels their booking more than 48 hours and up to 72 hours in advance we will proceed to refund 50% of the purchase amount.
  • If the USER cancels their booking within 48 hours prior to the date of the SERVICE the USER shall not be entitled to any purchase refund.

IF A USER CANCELS WITHIN 72 HOURS OF THE EXCURSION PAPAGAYO CATAMARAN WILL PROVIDE AN INVOICE OF ANY LOST BOOKING FEES FOR INSURANCE PURPOSES. PLEASE CONTACT US AT papagayocat@gmail.com TO FACILITATE THIS.

NOTE IN SPECIAL CASES PAPAGAYO CATAMARAN MAY DECIDE TO REFUND ALL BOOKING FEES.

The value of the transaction may be subject to taxes, duties, fees for foreign transactions, foreign exchange, or other charges. Your bank or your debit or credit card entity may convert the payment to local currency and charge fees, which will make a difference between the amounts shown on papagayocat.com and affiliated websites and the final amounts charged on your bank account or your debit or credit card extract. Contact your bank or debit or credit card entity if you have any questions about the conversion rates or the applicable fees.

It is not possible to obtain any refund once a visit or SERVICE has started nor concerning any type of package, accommodation, meals or SERVICES used, except in accordance with the legal rights that assist you.

CANCELLATION OR ALTERATION TO BOOKING BY PROVIDER

If PAPAGAYO CATAMARAN cancel your excursion we offer the following options:

  • An alternative date for the activity.
  • If the previous option does not suit you you can request to be reimbursed 100% of the purchase amount in the same form of payment in which the payment was made.

PAPAGAYO CATAMARAN RESERVES THE RIGHT TO USE A REPLACEMENT VESSEL TO HONOUR ITS BOOKINGS. THIS VESSEL MAY NOT BY A CATAMARAN.

IMPORTANT: In the case of credit card payments, you can only claim a refund by submitting your purchase ticket and the credit card receipt in the same OFFICE where your purchase was made.

OPINIONS, COMPLAINTS AND CONFORMITIES

Opinions. We want to continuously improve the quality of our service and for you to help us do so. Therefor, when taking part in our excursion we will ask for your opinion and if you wish, we can publish your recommendations and comments on our website, or simply make your comments to our suppliers.

Complaints for services rendered by PAPAGAYO CATAMARAN. Complaints or claims originating in the services provided by the Provider of a PRODUCT, SERVICE or activity should be directed to the Skipper or Crew first and if satisfaction is not achieved then at papagayocat@gmail.com . To improve the quality of the service we would need your complaint to reach us through this email address or by call +34605459888

INTELLECTUAL PROPERTY

This entire WEBSITE: text, images, brands, graphics, logos, buttons, software files, colour combinations, as well as the structure, selection, arrangement and presentation of its contents; is owned by PAPAGAYO CATAMARAN and reproduction, distribution, public communication and transformation, retransmission, copying, transfer of total or partial broadcasting of the information contained in these pages is strictly prohibited regardless of their purpose and the means used for it.

The USER agrees to use the services and contents of our website in accordance with the Law and the general and specific terms and conditions of the services that PAPAGAYO CATAMARAN offers at all times, and must refrain from using them for:

  1. Entering data in the network programmes that could cause damage to the PAPAGAYO CATAMARAN computer systems, its providers and third party users of the internal network or this website.
  2. The USERS can not establish links to websites, from the PAPAGAYO CATAMARAN website, without the written consent of PAPAGAYO CATAMARAN.
  3. All reproductions, transformation or distribution of such contents, as well as any act of decompilation or reverse engineering, outside access, display or reproduction thereof through PAPAGAYO CATAMARAN is strictly forbidden. In no event any type of extraction, reuse and/or exploitation of contents that suppose acts contrary to the provisions of these conditions or that harm the rights or interests of the service provider, PAPAGAYO CATAMARAN, or third parties.
  4. Broadcasting content that is racist, xenophobic, pornographic, advocacy of terrorism and/or that violate human rights.

PAPAGAYO CATAMARAN will not be liable, directly or indirectly for:

  1. The information introduced by users, collaborators and third parties..
  2. Infringement by the USER of intellectual and industrial property rights, the right of honour, personal and family privacy and personal image (photographs, videos), property rights and all other rights belonging to a third party as a result of transmission, distribution, storage, availability, reception or access to the content.
  3. The links and hypertext which, through the WEBSITE allow the USER to access features and services offered by third parties, do not belong to and are not controlled by PAPAGAYO CATAMARAN, who will not be responsible for the information contained therein, or any effects that might result from such information. PAPAGAYO CATAMARAN does not sponsor or guarantee any of these third party websites, which have been included for USER convenience.

PAPAGAYO CATAMARAN reserves the right to deny or withdraw access to the Portal and/or the SERVICES at any given time and without prior notice to USERS that violate these General Conditions .

DATA PROTECTION

USER personal data, will be treated in the terms and conditions described in our privacy policy. If you continue browsing our platform we will consider that you have read, agree with and accept our privacy policy available at the following address:

https://www.papagayocat.com

In cases where it is not yourself who will benefit from the booking, you expressly agree to obtain consent from those third parties who should benefit from it, before communicating their data to PAPAGAYO CATAMARAN.

LEGISLATION

These conditions are subject to Spanish Law. The Arrecife Courts, Lanzarote, shall have jurisdiction in any dispute derived from this conditions, except that, in accordance with Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users, the counterparty has the condition on consumer or USER, in which case the courts of the consumer’s residence shall have jurisdiction.

If any clause in these general conditions is declared fully or partially invalid or unenforceable, such invalidity or unenforceability will affect only that provision or part thereof that is invalid or unenforceable, subsisting the general conditions in everything else, taking such a provision, or part thereof that is affected, as not put.

LOCAL COVID 19 RESTRICTIONS

Papagayo Catamaran excepts no resposibility if locally applied Covid 19 restrictions effect any of our sailings in any way, in respect of numbers allowed onboard, the products or services that we can offer.