General terms and conditions

1.- ACCEPTANCE OF THE CONDITIONS.

This document establishes the General Conditions of Use of the services provided through the MOJOSURF, S.L. web platform. MOJOSURF, S.L. reserves the right to modify and update these conditions periodically, without the obligation of prior notification to users.

For the purposes of this document, “user” is understood to be any natural person who accesses the website to obtain information and contract any of the services offered therein.

It is mandatory that, prior to the execution of the purchase, the user carefully reads and understands the general conditions set out below, as well as any additional information and specific conditions of the service he/she intends to contract.

These conditions of use do not exclude the possibility that certain services provided through this website, due to their particular characteristics, may be subject to their own specific conditions of use.

Users who contract the services offered by this website of MOJOSURF, S.L., declare that they are of legal age (18 years old). In the case of contracting by minors, the authorisation of their parents, guardians or legal guardians is required in order to be able to enjoy the contracted service. If you have any questions, please contact our customer service atinfo@mojosurf.es

2.- DESCRIPTION OF THE SERVICE.

Through the website of MOJOSURF, S.L., users are offered access to various information about combined packages, such as accommodation and surfing lessons, paddle surfing, bodyboarding, surfing routes, excursions, excluding the sale of air transport, as well as the possibility of other tourist services contracted with third parties (diving, trekking, bike routes), also making it possible to contract on-line some of the services offered, and for which MOJOSURF, S.L. provides the content and service in its own name and on its own behalf.

In addition to these services, the user will be able to formalise reservations and contract accommodation and combined packages on-line, as well as other services, with MOJOSURF, S.L. providing the information relating to these services, and the technical organisation of the same and the formalisation of reservations, and in general, the corresponding service providers, limiting the responsibility of MOJOSURF, S.L. to the obligations legally attributed to it, in its capacity as an online travel retailer agency.

The organisation of the combined packages has been carried out by MOJOSURF, S.L., organiser of retail travel focused on sport, with C.I.F. B-76144518, registered office in Las Palmas de Gran Canaria, Calle Perú nº 20, CP35010, registered in the Mercantile Register of Las Palmas de Gran Canaria, Volume 2041, Folio 110, Page GC-46463, 1st entry and Title-Licence of Retail Travel Agency nº I-AV-0003025.1.

3.- PURPOSE.

The provider, responsible for the website, provides users with this document with which it intends to comply with the obligations laid down in Law 34/2002, on Information Society Services and Electronic Commerce (LSSI-CE), as well as informing all users of the website about the conditions of use of the website.

Any person accessing this website assumes the role of user, undertaking to strictly observe and comply with the provisions herein, as well as any other legal provision that may be applicable.

The provider reserves the right to modify any type of information that may appear on the website, without there being any obligation to give prior notice or inform users of said obligations, with publication on the provider’s website being understood to be sufficient.

4.- RESPONSIBILITY.

The provider disclaims any liability for the information published on its website, provided that this information has been manipulated or introduced by a third party external to the same. Furthermore, it reserves the right to take legal action against the inclusion of comments by third parties of an offensive nature or which affect the reputation of both the provider and third parties.

The provider’s website may use cookies (small information files that the server sends to the computer of the person accessing the page) to carry out certain functions that are considered essential for the correct functioning and visualisation of the site. The cookies used on the website are, in any case, of a temporary nature for the sole purpose of making subsequent transmission more efficient and disappear when the user’s session ends. Under no circumstances will cookies be used to collect personal information.

From the customer’s website it is possible that you may be redirected to content on third party websites. Given that the provider cannot always control the contents introduced by third parties on their websites, the provider assumes no responsibility whatsoever for such contents. In any case, the provider declares that it will immediately remove any content that could contravene national or international legislation, morality or public order, immediately removing the redirection to said website and informing the competent authorities of the content in question.

The provider is not responsible for the information and content stored, including but not limited to, in forums, chat’s, blog generators, comments, social networks or any other medium that allows third parties to publish content independently on the provider’s website. However, and in compliance with the provisions of art. 11 and 16 of the LSSI-CE, the provider makes itself available to all users, authorities and security forces, and actively collaborates in the removal or blocking of all content that could affect or contravene national or international legislation, the rights of third parties or morality and public order. In the event that the user considers that there is any content on the website that could be susceptible to this classification, please notify the website administrator immediately.

This website has been reviewed and tested to ensure that it functions correctly. In principle, proper operation can be guaranteed 365 days a year, 24 hours a day. However, the provider does not rule out the possibility of the existence of certain programming errors, or the occurrence of force majeure, natural catastrophes, strikes, or similar circumstances that make access to the website impossible.

5.- PROTECTION OF PERSONAL DATA.

The provider is deeply committed to compliance with Spanish legislation on the protection of personal data, and guarantees full compliance with the obligations set forth, as well as the implementation of the security measures set forth in art. 9 of Law 15/1999, on the Protection of Personal Data (LOPD) and in the Regulations for the Development of the LOPD.

The data collected by MOJOSURF SL will be limited solely to those processed in the contact form (name and email address) for the sole purpose of attending to your messages and without any transfer to third parties. In the event that a user who has sent a form wants their data to be removed from the MOJOSURF SL database, they will only have to inform MOJOSURF SL and it will be deleted.

The provider makes available to users the Privacy Policy of the entity informing users regarding the following aspects: Data of the Data Controller, Data processed, File in which they are stored, Purpose of the processing, Obligatory or not to provide them, as well as the consequences in case of not providing them, About the rights of all users and the procedure to exercise them.

6.- OBLIGATIONS OF THE USER.

The user undertakes to make appropriate use of the services and content offered by MOJOSURF, S.L. and not to use them for:

Users are also expressly prohibited from reproducing, duplicating, copying, selling, reselling, reselling or exploiting for commercial purposes, any section of the service, use or access to it.

7.- LIMITATION OF LIABILITY.

Certain information included on the MOJOSURF, S.L. website has been provided by the service providers of the services offered on the aforementioned website. MOJOSURF, S.L. is not responsible for the veracity of the contents or for any errors that may arise from this information.

Within the website there may be links to other websites over which MOJOSURF has no control and for whose content it is not responsible. Likewise, MOJOSURF will not be responsible for the technical availability of the web pages that the user accesses through its web site.

The user assumes sole responsibility for any loss or damage that may arise from access to such content, as well as for any other loss or damage caused to your computer system by any material downloaded or otherwise obtained through the use of the services or for any loss of data resulting from downloading such material.

MOJOSURF, S.L. shall not be liable for any damages arising from infringements by any user that affect the rights of another user, or third parties, including copyright, trademarks, patents, confidential information and any other intellectual and industrial property rights.

MOJOSURF, S.L. shall not be liable for any damages caused to the user in case of impossibility of providing the services covered by these general conditions of use, in cases of force majeure, unforeseeable circumstances or other causes not attributable to it. Neither shall it be liable for inappropriate 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 computer systems necessary for the use of the services offered.

8.- INTELLECTUAL AND INDUSTRIAL PROPERTY.

The website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, designs, logos, text and/or graphics are the property of the provider or, where appropriate, are licensed or expressly authorised by the authors. All the contents of the website are duly protected by intellectual and industrial property regulations, as well as being registered in the corresponding public registers.

Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and commercialisation, in any case requires the prior written authorisation of the provider. Any use not previously authorised by the provider shall be considered a serious breach of the author’s intellectual or industrial property rights.

The designs, logos, text and/or graphics not belonging to the provider and which may appear on the website belong to their respective owners, who are themselves responsible for any possible controversy which may arise with respect to the same. In all cases, the provider has their express prior authorisation.

The provider recognises the corresponding industrial and intellectual property rights in favour of their owners, and their mere mention or appearance on the website does not imply the existence of any rights or liability whatsoever on the part of the provider with regard to the same, nor any endorsement, sponsorship or recommendation on the part of the same.

To make any comments regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the website, you can do so by sending an e-mail to the following address.

9.- APPLICABLE LEGISLATION AND JURISDICTION.

For the resolution of all disputes or questions related to this website or the activities carried out on it, Spanish legislation shall apply, to which the parties expressly submit themselves, and the Courts and Tribunals of Las Palmas shall be competent for the resolution of all disputes arising from or related to its use.

USE OF THE PAYMENT GATEWAY.

1 – HOW TO BUY ON MOJOSURF.

As most of the products MOJOSURF sells require customisation, we consider direct communication with our customers to be essential in order to guarantee an optimal result.

To place an order online, please follow the steps below:

1. Request for quotation. After requesting a quote or information through our email (info@mojosurf.es), telephone (828014420) or form we will give you an answer within 48 hours.
2. Budget acceptance. Once you have finalised the details of your order (deadlines, colours, designs, etc.), you can give us your agreement.
3. Proforma Invoice. In order to have a record of the final characteristics of your order, we will send you a proforma invoice with the details of the selected items.
4. Formalisation of the order. When payment of 20% of the order is made, the order is considered to be formalised and the modification or cancellation period stipulated in each case begins to run from then on. In order to speed up the formalisation process, please send proof of payment.
5. Use of the order. Once the start date of the service has been formalised, the remaining 80% will be paid and you will be informed in detail of the timetables and services you will be able to enjoy.

2 – FORM OF PAYMENT

The forms of payment accepted by MOJOSURF are:

• Use of Secure Platform for payment by credit card through our Virtual POS.
• Use of Secure Platform for payment by credit card through Paypal.
• By deposit or bank transfer to the account numbers indicated in the order form.

3 – SECURE PAYMENT.

• Payment by credit card (VISA, MasterCard and Maestro).
• Payment by Paypal.
• Payment by bank transfer.

Transactions are made through Banco Sabadell, guaranteed by the trust seals “Veryfied by VISA” and “Mastercard Securecode” as well as by Banco Sabadell itself.

We guarantee confidentiality in the transfer of data on the Internet. We use the security protocol, SSL (Secure Sockets Layer). This system ensures the identity of the seller, guarantees the integrity of the message and encodes the data with an encryption of up to 128 bits, which guarantees that if someone intercepts the communication they will not be able to interpret it.

Security standards To avoid fraudulent use of credit cards, banks, VISA, MASTERCARD… have designed new security standards that certify the authenticity of the card user. This process is verified by “Veryfied by VISA” and “Mastercard Securecode”.

4 – CES SECURE E-COMMERCE.

In CES, as part of the payment process, Banco Sabadell requires the cardholder to authenticate himself online with his financial institution. The authentication system is the one previously agreed between the cardholder and his/her bank (password, PIN, sending a verification SMS, etc.).

5 – VERIFICATION OF THE CVV2.

The CVV2 is a three-digit code that is printed on the back of all financial cards. Validation of this code has proven to be an excellent tool for limiting fraud. Banco Sabadell’s Virtual POS will always request the CVV2 code during the payment process and will validate it online with the financial institution that issued the card.

GENERAL CONDITIONS OF PACKAGE TRAVEL.

GENERAL CONDITIONS OF THE PACKAGE TRAVEL CONTRACT.

Likewise, MOJOSURF will not be liable for any damages or prejudices derived from the infringements of any user that affect the rights of another user, or third parties, including copyright, trademarks, patents, confidential information and any other intellectual and industrial property rights.

IMPORTANT NOTES.

1- PRICE REVISION:

The price of the combined package, sometimes, after the contracting and confirmation of the package, the wholesaler / tour operator or retailer of accommodation may communicate an increase in the price of tourist accommodation and services offered.

Due to special events, long weekends, local festivities, etc., the price of the package or service may be altered on the final price of the reservation.

The final price of the combined package, or other service offered on the website of MOJOSURF, S.L., for the client will be once he/she has in his/her possession the booking reference number and the card has been charged, the price shown until then being non-binding.

The price of the package does not include: visas, airport taxes and/or entry and exit taxes, vaccination certificates, “extras” such as coffees, wines, liquors, mineral waters, special diets as full board or half board service is not offered, unless expressly agreed otherwise in the contract, washing and ironing of clothes, optional hotel services, and in general, any other service that does not expressly appear in the “INCLUDES” section or is not specifically detailed in the programme/offer, in the contract or in the documentation given to the consumer when signing the contract.

In addition, optional excursions or visits and tips are not included.

TOURIST TAX: Certain hotel establishments may require the payment of a tax that must be paid at the establishment itself.

2 – MANAGEMENT AND CANCELLATION FEES:

At any time the user or consumer may cancel the contracted services, having the right to a refund of the amounts paid, whether it is the total price or the deposit, but must compensate the Agency for the concepts indicated below:

* Flight tickets, as they are not sold by this agency, do not entail any cost or refund.

* Cancellations by the user will in any case entail 20 euros in concept of management for the cancellation.

3 – PURCHASES AND RETURNS.

To make your purchases in mojosurf.es we will provide you with a link to your purchase based on the conditions previously agreed for the order.

You will be able to purchase your order by credit or debit card through the virtual POS provided by Banco Sabadell. You may also purchase your order by Paypal or bank transfer.

As these are services contracted by the customer, no refunds will be made. Nor may the date of the service be changed without prior consultation of availability on the new date, with a minimum of one month’s time to be able to make the modification. If there are services offered by third parties in the package, and it cannot be cancelled, there will be no refund. The amount or part of the amount of the package can only be refunded in the case of fulfilling:

• One month’s notice.
• If the services offered could not be offered, due to the company and not due to force majeure (adverse weather conditions, red flag on the beach, etc…).

PROCEDURE.

Firstly, send us an email of the service or product that you consider has not been offered to info@mojosurf.es together with your contact details.

Once this has been checked by us, we will contact you to transfer the equivalent of the service or product you have not enjoyed, minus the administration fees. Once we have contacted you we will proceed as follows:

• We will check the service, cause and mitigating factors.
• We will proceed to the determination of responsibilities.
• Reinstatement of the service. Always, in the event that a fault is determined in favour of the customer and that the product or service may indeed not have been available and the customer wishes to change the date of use of the service or product.

FORMAT REQUIREMENTS.

The files referring to designs, badges, logos, etc, that you have to send us, we ask that they are in the following formats:

• Preferably vectorised (.Ai – .PDF – .EPS).
• In the case of images, in the highest resolution (quality) possible (.JPG – .PSD – .TIF – .PNG).

WHAT INFORMATION DO I HAVE TO PROVIDE?

First of all, you must have the invoice, the vouchers, or the confirmations of the contracted services at hand. If your purchase was made through the web, you must have located the confirmation e-mail that you will receive at the moment of completing the purchase, since in the header of the e-mail, you will find the locator of your reservation that you must indicate to us, since with this information, we can immediately identify your file and the data associated with it.

DO I HAVE TO SUBMIT ANY DOCUMENTATION?

If you need to attach graphic documentation, a complaint form, a complaint lodged at the destination establishments, letters, invoices or tickets to your complaint, you can send us the scanned files in pdf, doc, jpg, etc. format by e-mail to info@mojosurf.es.

HOW LONG WILL IT TAKE TO GET BACK TO ME?

As soon as we receive your complaint, we will acknowledge receipt and will immediately begin to process it with the corresponding supplier or department, in order to obtain information about what happened, and to be able to give you a response in an estimated time of between twenty and thirty days. However, we inform you that this period may be reduced or increased, depending on the response time of the supplier or department involved. In any case, we will keep you informed about the development of your complaint.

3 – PRESCRIPTION OF ACTIONS:

Actions derived from the rights recognized in this Law shall be barred by the lapse of two years.

VOLUNTARY CHANGES.

It is reported that, in the event that the customer, once the trip has begun, voluntarily request any modification of the contracted services, (e.g. night stay, changes of hotel or flights) the prices of tourist services may not correspond to those published in the brochure that gave rise to the contract. To carry out this type of management, will entail a minimum cost of 10 euros depending on the type of offer. Consult in each case.

In this case, transfers between hotels will be paid by the customer, and the customer must also pay the management costs, as a result of the new reservation process, or the change of the requested flight.

ALTERATIONS.

In cases where the organizer conditions, and so expressly specifies, the viability of the package tour offer to have a minimum number of participants and for not reaching that number, the cancellation of the offer occurs, the user is entitled to a refund of the total price or the amounts advanced, without being able to claim any amount in compensation, provided that it has been notified in writing at least ten days prior to the scheduled date of commencement of the trip. There shall be no obligation to compensate when the cancellation is due to the fact that the number of persons registered for the package tour is less than the number required and the consumer is notified in writing before the deadline set for this purpose in the contract.

EXTRA NIGHT.

The price of the extra night will be used exclusively to extend your stay. Likewise, the amount of the extra night will not be that corresponding to the date of departure, but to the actual date of the stay at the hotel. This price will depend on the availability of the accommodation unit in which it is located, and may be increased if it is necessary to move to another accommodation unit of higher cost, having to pay on behalf of the user the entire extra night of that accommodation unit plus a management fee of 10 euros.

EARLY RETURNS.

In the case of abandonment of the establishment before the contracted date due to force majeure, MOJOSURF, S.L. does not undertake to make any refund.

PASSPORTS AND VISAS.

The personal and family documents of all travelers (including children) must be in order and the customer will have to check that the passport, visa or national identity card are required by the regulations of the country to be visited. The client will be responsible for obtaining the passport or any other requirement. The citizens of other nationalities must consult with the consular representations or competent organisms the requirements of entrance to the Canary Islands (Spain). In case of being rejected by any authority or denied entry to the country for not meeting the requirements or not possessing the same, MOJOSURF, S.L. will not be responsible for additional costs or refund the price of the package. Minors under 18 years of age must carry a written permission signed by their parents or guardians, in anticipation that it may be requested by any authority.

TRAVEL DOCUMENTATION.

In case of loss of travel documentation (hotel vouchers, airline tickets, tour vouchers, etc.) by the client that causes loss of services, MOJOSURF, S.L. will not be responsible for the costs incurred for a new reservation and issuance or the return of the losses.

FLIGHTS*.

In certain tourist destinations such as Gran Canaria and depending on the airline CIA operating the flight, the Wholesaler / Tour Operator requires the issuance of airline tickets as far in advance of the departure date to guarantee the seats and complete the payment of the same. In case of cancellations or modifications of the Vacation Package after the issuance of the tickets, these will entail 100% of expenses. In addition, and depending on the proximity of the departure date, the corresponding cancellation fees for the rest of the services will have to be added.

REQUEST FOR SPECIAL SERVICES.

MOJOSURF, S.L. is not responsible for the confirmation or denial of any of these services. For this reason and for any information that the customer requires in relation to this type of services, it is recommended to contact directly with the airline in question, or with your travel agency for the purchase of airline tickets.

TRANSFERS.

Airport-hotel-airport transfers are not included in the price of the combined packages. Please consult in each case.

LUGGAGE.

As far as the carriage of luggage is concerned, it is understood that the luggage and other personal belongings of the user are kept with him, regardless of the part of the vehicle in which they are placed, and that they are carried at the risk and expense of the user. Users are advised to be present during all baggage loading and unloading operations. Regarding the air, rail, sea or river transport of luggage, the conditions established by the transport companies are applicable, being the ticket the document that binds the aforementioned companies and the passenger. In the event of suffering any damage, delay in delivery or loss, the consumer must present, immediately, the appropriate claim to the transport company. In the transport of luggage and possible incidents arising from this are in this case outside the scope of management of the agency MOJOSURF, S.L. In case you want to transport for your vacation luggage of large volume such as bicycles, surfboards, etc., you must pay the corresponding supplement; consult amounts and means of payment and inform your travel agency or airline at the time of booking. MOJOSURF recommends not to travel with surfboards, as we have a wide range of surfboards and wetsuits, so you will save money, time and discomfort due to possible bumps or losses.

HOLIDAYS.

On holidays in Spain and Las Palmas de Gran Canaria it is possible that transport, stores, museums, shows, etc. may vary their usual schedules and even remain closed without prior notice; in the same way those holidays may alter the traffic on the roads and extend the duration of the transfers. In the event of roads closed to traffic that prevent the arrival at the hotel, the transfer of luggage from the stopping point will be at the customer’s expense.

OFFERS.

In no case the published offers can be accumulated with each other or with other publications. In case of promotion, the discount cannot be accumulated with other offers and/or discounts in force.

THEFT.

MOJOSURF, S.L., is not responsible for any losses that customers may suffer as a result of any crime perpetrated during their stay in Las Palmas. Also, we inform you that you must inform the administrative or police authorities of the place of the facts suffered.

CREDIT CARDS.

Some hotels may ask for your credit card number as a guarantee of solvency. On the day of departure, if you do not have extras, you will be returned the signed blank form with your credit card details. MOJOSURF, S.L. is not responsible for the charges made by the hotel establishments on the credit cards of the clients.

SPECIAL ECONOMIC CONDITIONS FOR CHILDREN.

Given the diversity of the treatment applied to children, depending on their age, they always have more advantageous conditions. You can consult us at any time in customer service info@mojosurf.es.

4.- GENERAL CONDITIONS OF THE COMBINED PACKAGE.

For matters not covered in the General Conditions of Use of the website MOJOSURF, S.L. shall be as provided in the RD 1/2007 approving the Consolidated Text of the General Law for the Protection of Consumers and Users and other complementary rules.

The price of the package includes accommodation in a hostel, apartment or hotel selected by the client. On the other hand, the rates or taxes of the hotel establishments, when applicable, are not included. The Canary Islands General Indirect Tax (IGIC) is not included either.

It is advisable to let us know your arrival time in order not to lose your reservation in case your flight is delayed.

5.- LAW REGULATING PACKAGE TOURS.

Decree 37/2014, of May 9, which amends Decree 89/2010, of July 22, which regulates the activity of tourism intermediation, which has its origin in the need to adapt the regulation of the exercise of this tourist activity, to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006, relative to the services in the Internal Market, incorporated to our legal system by Law 17/2009, of November 23, on free access to the activities of services and their exercise, and that justified the previous modification of Law 7/1995, of April 6, on Tourism Management of the Canary Islands.

Thus, this amendment contains a new wording of some sections of Article 2, in order to adjust the texts even more to the provisions of Law 14/2009, of December 30, which amends Law 7/1995, of April 6, on the Regulation of Tourism in the Canary Islands, and to the definition of package tours made by the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, 2007.

New obligations are also introduced for tourist intermediaries, which will result in a greater guarantee for tourist users, in the sense of collecting truthful, prior and complete information on the goods or services offered to them.

Article 2 shall read as follows:

For the purposes of this Decree, the following definitions shall apply:

Article 4 shall read as follows:

Obligations of Tourist Intermediaries. Tourist intermediaries are subject, among others, to the following obligations:

Article 5, on compliance with the guarantee requirement in travel agencies.

Article 6. Display of the identification code, commercial name and advertising.

Artículo 7. En los casos en que los intermediarios turísticos operen por medios telemáticos, deberán especificar a la Administración y a los usuarios turísticos, en la página de inicio, la forma en que pueden presentar sus reclamaciones, de acuerdo con la normativa reguladora de las características de las hojas de reclamaciones y del procedimiento de tramitación de las mismas, debiendo indicar, además, la dirección completa y la franja horaria de entrega de las hojas de reclamaciones.