GENERAL TERMS AND CONDITIONS

These General Terms and Conditions govern the booking and provision of the tourist buggy excursions offered by Exclusive Buggy Tour, S.L. through www.xclusivebuggy.com, as well as the operating conditions applicable to the activity.

The specific information displayed during booking regarding the tour, date, time, number of occupants, price and selected services forms part of the contract.

1. Identification details of the website owner
2. General information
3. The user and the person making the booking
4. Booking and confirmation process
5. Availability and cancellation by the company
6. Prices and payment
7. Cancellations and changes by the customer
8. Right of withdrawal
9. Arrival, delays and failure to attend
10. Requirements for driving and participating
11. Safety, instructions and vehicle occupancy
12. Damage, fines and customer liability
13. Included services and extras
14. Meeting point and pickup service
15. Languages of the activity
16. Means of correcting errors
17. Force majeure and liability
18. Written communications and notices
19. Waiver, severability and entire agreement
20. Data protection
21. Applicable law and jurisdiction
22. Complaints and claims

1. Identification details of the website owner

Exclusive Buggy Tour, S.L. (hereinafter, the Owner or Xclusive) is the owner of the website www.xclusivebuggy.com.

Company name: Exclusive Buggy Tour, S.L.

Tax identification number (NIF): B22481840

Email address: infoxclusivebuggy@gmail.com

Registered address: C/ Las Cancelas, Nº 3, 38678 Adeje

2. General information

These Terms apply to the purchase of tourist and recreational buggy excursions and, where selected, to the additional services offered by Xclusive. The activity is neither sporting nor competitive in nature.

Xclusive may amend these Terms. Each booking shall be subject to the terms in force at the time it is made. For any enquiry concerning them, the user may use the contact details stated in this document.

3. The user and the person making the booking

The person making the booking declares that they have the legal capacity to enter into a contract and will provide truthful, complete and lawful contact and booking information.

• The website must be used solely for legally valid enquiries and bookings.
• False or fraudulent bookings may not be made. Where a booking of this nature is reasonably suspected, it may be cancelled and the facts may be reported to the competent authorities.
• The person making the booking must check that the contact details, date, time, tour and number of participants are correct.

4. Booking and confirmation process

Online booking is completed through the procedure provided on the website. The user selects the activity and completes the information requested by the booking system before making payment.

Once payment has been made, the booking is automatically registered in the system and the customer immediately receives a confirmation email. The customer must review its contents and report any error detected as soon as possible.

Communications, bookings and payments may be stored in Xclusive's computer records as evidence of the transactions, subject to security measures and applicable data protection regulations.

5. Availability and cancellation by the company

All bookings are subject to the availability of places and vehicles and to the activity being capable of taking place under suitable safety and operating conditions.

If the tour cannot take place due to adverse weather, safety reasons, unforeseen breakdowns, force majeure or other justified operational causes, Xclusive will offer the customer the option of rescheduling the activity for another date or, if the customer prefers, a full refund of the amount paid.

6. Prices and payment

The prices displayed on the website are stated in euros and are final prices, including taxes, unless a legal requirement determines a different indication or tax treatment. No costs other than those for services voluntarily selected by the user will be added automatically.

For online bookings made through the website, the full booking amount is paid at the time of purchase through the secure card payment gateway. The transaction is subject to verification and authorisation by the card issuer; if payment is not authorised, the booking cannot be confirmed.

For bookings made through agencies or in person, a deposit or partial payment may be accepted. The outstanding amount shall be paid directly at the departure point by card or in cash.

Prices may change, but changes will not affect bookings for which the customer has already received the corresponding confirmation.

7. Cancellations and changes by the customer

The customer may request cancellation or a change to the date or time of their booking provided that the request is made at least 24 hours before the tour departure time.

Where cancellation is requested within that period, the amount paid will be refunded. Outside that period, the only accepted justified reason for a refund will be a duly evidenced health-related reason.

This cancellation and change policy is a commercial condition offered by Xclusive and is independent of the statutory right-of-withdrawal rules described in the following section.

8. Right of withdrawal

In accordance with Article 103(l) of the consolidated text of the General Law for the Protection of Consumers and Users, the statutory right of withdrawal does not apply to bookings for services related to leisure activities where the contract provides for a specific date or period of performance. This exception is limited to bookings that meet those conditions.

The absence of the statutory right of withdrawal in those cases does not remove or reduce the commercial cancellation or change policy requiring at least 24 hours' notice established in the preceding section.

9. Arrival, delays and failure to attend

The customer must arrive at the meeting point 30 minutes before the scheduled departure time. This time is intended for check-in, the provision of instructions and the in-person signing of the terms and safety rules by each driver.

If the customer arrives late for reasons not attributable to Xclusive or fails to attend, they will lose their place and the full excursion fee.

10. Requirements for driving and participating

The driver must be at least 18 years old and hold a valid, current driving licence. The licence must be presented for verification, without Xclusive retaining the original physical document.

No general minimum age is established for passengers, nor is any special additional documentation required from them, without prejudice to the requirement that their participation must be capable of taking place safely and in accordance with staff instructions.

Although this is a tourist and recreational activity, people with serious medical conditions are advised to consider whether their participation is appropriate.

11. Safety, instructions and vehicle occupancy

• Before the activity, each driver will receive instructions on vehicle use and safety.
• The guides' instructions must be followed throughout the route.
• Driving under the influence of alcohol or drugs is prohibited.
• Before starting the activity, each driver must sign the terms and safety-rules agreement in person.
• The permitted number of occupants per vehicle is from 1 to 4.

12. Damage, fines and customer liability

Vehicles are provided in proper working order and condition. The responsible customer must bear the full cost of damage caused to the buggy through misuse, reckless driving or failure to comply with the guide's instructions.

The driver shall be responsible for fines, traffic offences and expenses directly attributable to their conduct while using the vehicle.

13. Included services and extras

The base price includes the specialist guide, safety briefing, fuel, helmets and necessary equipment, as well as the booked buggy tour.

Photographs and videos of the excursion are not included in the base price. Xclusive offers an optional photography service that may be booked and paid for separately.

14. Meeting point and pickup service

Customers travelling by their own means must arrive 30 minutes before departure at the meeting point stated in the booking confirmation.

For customers who book the package with a pickup service included between Los Cristianos and Los Gigantes, pickup will take place at the reception of the hotel stated when making the booking.

15. Languages of the activity

Operational assistance, safety briefings and guiding during excursions are available and guaranteed in Spanish, English, Italian and French.

16. Means of correcting errors

If the customer detects an error in the information required to process the booking, they may request its correction through Xclusive's contact channels. Requests to change the date or time are subject to the notice period established in these Terms.

17. Force majeure and liability

Unless mandatory law provides otherwise, Xclusive shall not be liable for failures or delays caused by events beyond its reasonable control. Where such circumstances prevent the activity from taking place, the rescheduling or full-refund options set out in Section 5 shall apply.

Xclusive will use reasonable means to seek a solution and keep the customer informed. Nothing in these Terms limits the rights granted to consumers and users by mandatory law.

18. Written communications and notices

Most communications relating to the booking will take place electronically, mainly by email or notices on the website. The customer may communicate with Xclusive using the contact details stated in these Terms.

Unless otherwise stated, Xclusive may send communications to the email address or postal address provided during booking.

19. Waiver, severability and entire agreement

A failure by Xclusive to exercise a right or remedy shall not constitute a waiver of that or any other right. Any waiver must be expressly made and communicated in writing.

If any clause is declared null or ineffective by a final decision of a competent authority, the remaining clauses shall continue in force insofar as they are not affected.

These Terms, the specific booking information and the in-person terms and safety-rules agreement together constitute the contractual framework applicable to the activity.

20. Data protection

Personal data provided in connection with the booking will be processed in accordance with the information published in Xclusive's Data Protection Policy, available at https://www.xclusivebuggy.com/pages/en/privacy-policy.html

21. Applicable law and jurisdiction

Access to, browsing and use of the website, as well as contracts for the provision of services concluded through it, shall be governed by Spanish law.

Any dispute relating to these Terms or to the booking and provision of the activity shall be submitted to the courts and tribunals having jurisdiction under applicable law, with mandatory jurisdictions and the rights granted to consumers and users being respected in all cases.

22. Complaints and claims

The user may send complaints, claims or comments to Xclusive using the contact details stated at the beginning of these Terms.

Xclusive has official complaint forms available to consumers and users, which may be requested at any time.