General conditions of use
DAVID GONZÁLEZ MEJÍAS, hereinafter the “OWNER”, owner of the website fuerteventura.is (hereinafter the “Website”), is a website dedicated to manage the booking and sale of activities, excursions, guided tours and other tourist activities on the island of Fuerteventura or other islands of the Canary Islands, for those users who are interested in contracting these services.
OWNER makes its website available to users through which a natural or legal person (hereinafter the “User”, “Users”, “Client” and/or “Clients”) may book tourist activities, excursions, guided tours and transfers.
The details of the OWNER are as follows:
Name: David González Mejías
Tax Identification Number (NIF): 78593779-L
Registered Address: C/ Vascongadas, 11-2ºB, 35600 Puerto del Rosario. Spain
Contact email: info@fuerteventura.is
1.- Acceptance of the general conditions of use and access to the Website
By accessing, viewing or using the materials, content or services accessible through the Website, the User declares that he/she understands and accepts these General Conditions of Use (hereinafter, the “General Conditions”), which define the rights and obligations of the OWNER and the User for the contracting of the services of tourist activities, excursions, guided tours and transfers.
These are the only General Conditions applicable to the use of the Website (without prejudice to the fact that for certain services there may be specific conditions) and to the contracting of services and replace any other conditions, unless previously agreed in writing between the OWNER and the User.
2.- Purpose of the Website
The OWNER has developed the Website to offer the User a series of recommendations of activities, excursions, recommendations, guided tours and advertising in the Canary Islands.
The OWNER informs you that the activities, excursions and guided tours, as well as transfers are services provided directly by third party companies collaborating with the OWNER (hereinafter, the Supplier/s). Therefore, the OWNER IS LIMITED EXCLUSIVELY TO OFFERING THROUGH THE WEBSITE RECOMMENDATIONS OF ACTIVITIES, EXCURSIONS, GUIDED TOURS AND TRANSFERS, IN DIFFERENT PLACES OF THE WORLD, WHICH ARE EXECUTED DIRECTLY BY THE SUPPLIERS.
In this sense, the prices of the activities, excursions, guided tours and transfers are determined by the suppliers who provide the services. The OWNER does not establish or decide these prices and assumes no responsibility for any non-conformity, modification, adjustment or variation thereof.
Likewise, through the Website, the OWNER provides its users with free travel guides to different destinations, which include photographs, information on transport, the most important tourist attractions, an interactive map and various recommendations and advice related to the destination. The aforementioned free travel guides may only be accessed and consulted online and their commercialisation is prohibited, and the User accepts this and is responsible for their unauthorised and improper use.
In general, the contracting of the services offered by the OWNER will be carried out between the User and the OWNER, although in relation to certain Suppliers and services, the OWNER will limit itself to providing its Website as an online platform through which the Suppliers offer their Services so that they can be contracted directly by users, through the integration of the Turitop platform or with a link to the Supplier’s page. On the page/url of each activity, the contracting modality will be indicated.
In the first of these cases, the User, at the time of formalising the booking, will establish a direct contractual relationship with the Provider with whom he/she has booked the activity or transfer. The OWNER shall only act as a mere intermediary between the User and the Supplier. The OWNER will not have access to the monetary transactions made through integration with Turitop nor to the data associated with the same, the Supplier being ultimately responsible for the processing of the data once the commercial relationship has been established, i.e. after making a purchase or booking through the Turitop platform or directly on the Supplier’s website.
The information displayed by the OWNER through its Website for the provision of services is based in any case on the information provided by the Suppliers.
The OWNER assumes no liability in the event that a Customer makes a fraudulent purchase of an alleged Service from the OWNER that has not been purchased through the OWNER’s official Website. It is the responsibility of the Client to ensure that he/she is actually purchasing a Service from the OWNER through the OWNER’s Website.
3.- Specific conditions on the booking of activities, excursions and guided tours
The bookings made by each User through the Website are subject to the specific conditions applicable to each activity, excursion or guided tour. The User may find these conditions on the description page of the Website for each of these services, as well as in the confirmation email sent by the Provider once the booking has been made.
3.1.- General conditions applicable to all reservations.
In general, the booking of activities, excursions and guided tours promoted by the OWNER through the Website is subject to the following conditions:
– The dates and times of the activities, excursions and guided tours published on the Website have been pre-established by the Providers and do not allow any type of modification in this regard. It is only possible to change the date and timetable by contacting the Provider directly, through their own means of contact published on the website of each Provider, or through the telephone number or e-mail address identified as the contact for the activity in question.
– The minimum time in advance for each booking varies depending on the activity, excursion and/or guided tour you wish to book. This aspect in particular can be seen in the activity’s own file on the Website and is pre-established by the Suppliers.
3.2.- Specific conditions related to the information of the activity, excursion and/or guided tour booked
The meeting point, date, time, duration and all the information necessary for the enjoyment of the activity, excursion and/or guided tour booked is detailed in the description of each service on the Website, as well as in the confirmation email sent by the Provider to the User once the booking has been made.
It is essential that Users are punctual and present themselves at the meeting point at the time and date indicated on their voucher, as all activities, excursions and guided tours are scheduled to start at a specific time and it is not possible to change the start time.
The duration of the activities, excursions and guided tours published on the Website are for reference only and may be subject to slight variations depending on the development of the service itself, or due to any factor external to the Supplier and/or the OWNER, such as, for example, inclement weather, road traffic problems, strikes, etc.
If, once at the destination, Users have any questions regarding the service booked, and in particular, the meeting point of the activity, excursion or visit, Users may contact the Supplier by calling the contact telephone number that appears in the email or message received at the time of confirmation of the booking by the Supplier.
The OWNER informs you that the Supplier may require you to hand over the voucher accrediting the booking of the activity prior to the start of the activity. The OWNER shall not assume any responsibility if the User does not present the voucher to the Supplier.
4.- Economic contracting conditions
The contracting of the booking of the services advertised by the OWNER on the Website shall be deemed to be formalised once Users have completed and accepted the booking form for the activity (owned by the Suppliers and hosted on the Turitop booking platform) or transfer and the booking has been confirmed, after having correctly completed the booking process and correctly made the payment for the same.
The prices will be those indicated by the Supplier and will be visible on the Turitop booking platform or on the Supplier’s official website at the time of booking the activity or transfer chosen by the User. All services are subject to immediate confirmation and payment is made at the time of booking by credit or debit card (Visa or Mastercard), by PayPal or any other payment method enabled by each Supplier on Turitop’s integrated payment gateway.
In general, the Supplier makes the complete payment through the Turitop platform, which is present in most of the activities available on the page of the activity, excursion, guided tour and/or transfer booked by the User. However, there are certain services whose Providers allow the User to pay a part of the total amount of the service at the time of booking and, at the time of enjoying the activity, excursion, guided tour or transfer, the User pays the remaining amount. In any case, this aspect depends on the conditions of each Provider.
These prices are expressed in Euros (€) including taxes, and the total amount will be indicated at the time of the final confirmation of the contracting of the service.
In general, the OWNER will not apply discounts in the provision of its services, unless this is established in the conditions of the activity, excursion, guided tour and/or transfer in question.
After contracting the reservation, Users will receive a confirmation email confirming the payment of the contracted service and will be provided with a purchase receipt for the contracted services. The User must bear in mind that this purchase receipt is not equivalent to the issuing of the invoice corresponding to the contracting of the services. The User may request the invoice once the booking has been formalised and by contacting the Supplier.
In some cases, the documentation necessary to carry out the excursion or activity will be sent via email to the User by the Service Provider.
5.- Cancellation policy
Without prejudice to the User’s rights regarding cancellations of package travel services to which the provisions of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, “General Law on Consumers and Users“) are applicable, each of the services promoted by the OWNER on the Website (activities, excursions, guided tours and transfers) has a specific cancellation policy, determined by each Provider, which the User may consult in the description of the activity (on the Website), as well as in the confirmation email sent by the Provider once the booking has been made.
Therefore, the specific cancellation conditions will apply to each service, which will establish the cancellation period and whether or not there is any type of penalty.
In short, the OWNER will not manage cancellations, this is the obligation of each Provider in accordance with the cancellation policy of each activity, excursion, guided tour and/or transfer.
IN ACCORDANCE WITH THE ABOVE, AND BY ACCEPTING THESE GENERAL CONDITIONS OF USE, USERS DECLARE THAT THEY HAVE READ AND EXPRESSLY ACCEPTED THIS CANCELLATION POLICY AND AGREE TO THE CANCELLATION CONDITIONS OF THE ACTIVITY, EXCURSION, GUIDED TOUR AND/OR TRANSFER THAT THEY BOOK THROUGH THE WEBSITE AND/OR APP.
6.- Conduct on the Website
Users undertake to make lawful, diligent, honest and correct use of all information or content accessed through the Website, all in good faith and respecting at all times the law in force and these General Terms and Conditions. In particular, but without limitation, Users shall not:
– I. Register or communicate data that is not true, accurate, complete and/or up to date, or access the Website using the name, identifying data or password of another User or impersonate any person or identity.
– II. Use the Website for fraudulent purposes, or in connection with criminal offences or unlawful activities of any kind.
– III. Introduce or disseminate computer viruses that may cause unauthorised alterations to the contents or systems comprising the Website.
– IV. Create a Profile or use the Website to use or re-use material that is unlawful, offensive, pornographic, abusive, abusive, indecent, defamatory, obscene or threatening in any way, or in violation of copyright, trademark or confidentiality, privacy or any other rights, or is otherwise injurious or objectionable to third parties.
– V. Download, post or otherwise distribute content or applications that may violate any applicable law or infringe any rights of any party.
The OWNER reserves the right to deny any attempt to access the Website or cancel user accounts, in cases where there is a misuse of the Website in accordance with the provisions of this clause.
Likewise, the OWNER reserves the right to notify the competent authorities of any suspicion of unlawful actions on its Website, as well as to delete or block any account or user that the OWNER considers, or has reasonable suspicions, that is carrying out or has carried out any activity that violates the law, morality and/or public order as well as that, in any other way, pours, shares, stores or distributes illegal content or that, being lawful, such sharing, storage or distribution occurs in any unlawful manner.
Pursuant to Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a single market for digital services and amending Directive 2000/31/EC (Digital Services Regulation), in the event that the OWNER believes that the User has violated any section of these Terms and Conditions, as well as any of its internal policies or procedures, and decides to take the decision to: a) Remove the information or block access to it or restrict its visibility; b) Suspend or cease the provision of the service; c) Suspend or delete the User’s account; d) Suspend, cease or otherwise restrict the ability to monetise the information provided by the User, the OWNER shall accompany the notification with a statement of reasons explaining to the User the infringement committed, the principle violated and the possibility to complain about the decision taken through the OWNER’s Internal Complaints Management System. The User shall have a period of six (6) months in which to submit his or her written complaint free of charge via info@fuerteventura.is.
7.- Opinions, comments, communications and other contents
Users who have booked activities, excursions, guided tours and/or transfers through the integrated means of the Website, may publish their opinions and ratings on the Website.
When the OWNER receives the User’s opinion and assessment, it will review it and publish it as soon as possible on the Website.
Likewise, the User also authorises the OWNER to publish, if deemed appropriate, the User’s opinions and ratings on the OWNER’s social networks (e.g. Instagram or Facebook/Meta, Twitter/X, TikTok, LinkedIn, etc.).
In any case, the OWNER will publish User reviews provided that the content of the review is not false, unlawful, obscene, abusive, threatening, defamatory, invasive of the privacy of third parties, or otherwise objectionable to third parties, and provided that the content does not incorporate advertisements or links to other websites and/or that the review does not correspond to the rated service.
In particular, the OWNER reserves the right not to publish those opinions whose content may include the following terms:
– I. Discriminatory expressions: Under no circumstances will expressions that go against an individual and that violate the principles of the right to honour, to personal and family privacy, to one’s own image and to the dignity of the person be allowed. Any type of discriminatory publication on the grounds of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance is prohibited.
– II. Illegal activities: It is not permitted for content to promote illegal activities or to incorporate obscene or defamatory content.
– III. Violence: It is expressly forbidden for opinions to contain expressions that promote violence and/or include, without limitation, sexual violence or violence against animals and people.
– IV. Degrading content: Opinions or comments that are intimidating, threatening, degrading or in any way promote violence against a person or a specific group are not permitted.
– V. False content: Reviews that may contain “like” indications on social networks are expressly prohibited.
– VI. Promotional content: It is expressly forbidden to commission third parties to provide reviews in order to promote your own products.
– VII. Manipulated and extrapolated content: It is expressly forbidden to publish reviews that have been manipulated or that there are indications that they may have been manipulated, so that only positive reviews are published. Likewise, it is also not permitted that these reviews and social approvals can be extrapolated or linked to different but related content, in order to avoid forcing a positive opinion on the User.
Communications between the OWNER and the Users shall be made in writing via e-mail with acknowledgement of receipt or by any other means that provides proof of receipt and the content of the communication.
– I. Communications to the OWNER must be sent to: info@fuerteventura.is and must be written in Spanish or English.
– II. Communications to Users: the registration e-mail address or the e-mail address provided by the User in the contact form shall be used.
8.- Exclusion of liability
Without prejudice to the responsibility for package travel services to which the provisions of the General Law on Consumers and Users are applicable and by way of example, but not limited to, the OWNER is not responsible for the following circumstances:
– I. Cancellations made after the deadline by Users. The OWNER shall not be liable under any circumstances to refund the amounts paid by its Users when they have not complied with the cancellation period provided in the cancellation policy applicable to each service.
– II. For delays or errors made by Users in reaching the meeting point of the activity, excursion, guided tour and/or transfer booked. In other words, the OWNER shall not assume any responsibility if the User misses the activity or transfer booked due to lack of punctuality and/or not being at the corresponding meeting point.
– III. Cases in which the PROVIDER denies the User access to the corresponding activity, excursion and/or guided tour when the User does not have the corresponding voucher printed on paper and/or downloaded to his/her mobile phone (as required in each case by the PROVIDER).
– IV. Damage and theft affecting Users and their property during the enjoyment of the activities, excursions and guided tours and/or during the journey of the contracted transfer service.
– V. For injuries, damages and accidents that the User may suffer during the enjoyment of the activity, excursion, guided tour and/or transfer booked, as well as injuries, damages and accidents suffered by the User prior to the service and which have prevented him/her from enjoying it.
– VI. Cases in which the vehicle booked for the transfer does not arrive at the pick-up point when the information provided by the User regarding the times and pick-up point is erroneous or misleading.
– VII. Missed flights, trains, buses or any other means of transport, as a consequence of not having requested the transfer service with the advance notice recommended by the OWNER. The User is solely responsible for knowing the departure time of his/her flight/train/bus and requesting the pick-up service in good time.
– VIII. The weather conditions in which the PROVIDER carries out the activities, excursions and guided tours booked by the Users. Under no circumstances shall the OWNER be responsible for these circumstances, and the service shall be understood to have been correctly provided.
– IX. The quality and suitability of the service contracted by the User.
– X. Cases in which the activities, excursions or guided tours have been completed with regard to all the points of interest included in them, even if the duration has undergone a slight variation due to any factor external to the PROVIDER and/or the OWNER. In this situation, it shall be understood that the service has been correctly provided.
– XI. Complaints and claims regarding the service contracted by the User, which must be managed with the Service Provider, without prejudice to the OWNER being able to collaborate with the User to deal with their claims.
In addition, and in cases where the User contracts the services directly with the Provider, the OWNER shall not be liable:
– XII. For the fulfilment of any tax obligation of declaration, payment or any other type arising from or as a consequence of the service provided by the PROVIDER. The OWNER disclaims any tax liability of any kind in relation to the services provided by the Supplier.
Likewise, the OWNER does not grant any guarantee nor accepts any liability, under any circumstances, for damages of any kind that may arise from access to or use of the content or the Website. Among others, and by way of example and not limitation, the OWNER is not responsible for the following circumstances:
– XIII. Lack of availability, maintenance and effective operation of the Website and/or its services or content, as well as for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website.
– XIV. Technical failures attributable to third parties or causes of force majeure that prevent the Website from functioning correctly.
– XV. Cases of force majeure, understood as the failure, suspension or interruption of services or use of the Website, as a result of the blocking of the Internet network, actions or omissions of third parties, or any other causes or circumstances beyond the control of the OWNER that prevent the normal use of the Website.
XVI. The unlawful, negligent, fraudulent, contrary to the terms of these General Conditions, or good faith, the Website, by Users.
The OWNER reserves the right to initiate legal action against Users as a result of the commission of the acts described in this section, and in general, for breach of these General Conditions.
In the case of those package travel services offered by the OWNER to which the provisions of the General Law on Consumers and Users are applicable, if after having selected and paid for a package travel service with another company, the User books additional travel services for his/her trip through the OWNER, he/she will NOT enjoy the rights that apply to package travel under the revised text of the General Law on Consumers and Users.
Therefore, the OWNER shall not be responsible for the correct execution of such additional travel services. In case of problems, the User should contact the corresponding service provider.
9.- Intellectual property
9.1.- Intellectual and Industrial Property relating to the Web Site owned by David González Mejías
All rights to the content, design and source code of the Website, in particular, but not limited to, all rights to photographs, images, text, logos, designs, trademarks, trade names, data included on the Website and any other intellectual and industrial property rights are owned by the OWNER, or by third parties who have expressly authorised the OWNER to use them on the Website.
Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, regularising, clarifying and harmonising the current legal provisions on the subject (hereinafter, “Intellectual Property Law”), as well as Law 17/2001, of 7 December on Trademarks and complementary legislation on intellectual and industrial property, it is expressly prohibited the reproduction, transmission, adaptation, translation, distribution, public communication, including its modality of making available, of all or part of the contents of the Website, in any support and by any technical means, unless expressly authorised in writing by the OWNER.
The OWNER does not grant any licence or authorisation of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case shall it be understood that access and browsing by Users implies a waiver, transmission, licence or total or partial transfer of said rights by the OWNER.
Any use of such content not previously authorised by the User will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.
9.2.- Intellectual Property relating to the opinions of Users published on the Website
Since the Website allows the publication of opinions, Users grant the OWNER a universal, unrestricted and free licence for the use, distribution, public communication, adaptation and reproduction of said opinions. By means of the aforementioned licence, the OWNER may transform, adapt and, in short, use the opinions of the Users for the purposes of advertising and promotion on the websites and social networks owned by the OWNER.
10.- Protection of personal data
On the occasion of contracting the services of the OWNER and in order to inform you in detail about how we process your personal data and protect your privacy according to the information you provide us, we inform you below, in the form of questions and answers, of the conditions under which the OWNER processes your personal data:
Who is the data controller?
The following information about who is responsible for the processing of your data only applies to services contracted directly with the OWNER. For contracts with Suppliers, see section 10.1 of this document.
– Identity: David González Mejías.
– NIF: 78593779-L
– Postal address: C/ Vascongadas, 11-2ºB, 35600 Puerto del Rosario, Spain.
– E-mail: info@fuerteventura.is
For what purpose do we process your personal data?
We process the personal data you provide us with for the following purposes:
Sending commercial communications of our products or services by any means of contact provided.
In relation to the sending of the aforementioned communications, based on the information provided, we may draw up commercial profiles, in order to offer you the products and services that best suit your interests.
The processing of your data for this commercial purpose is not obligatory, so that if the user does not give his/her consent or objects to such processing, he/she will not receive any advertising.
The sending of surveys in order to assess the services offered and their degree of satisfaction. The OWNER may publish the opinions and comments of users who respond to this survey on its website or social networks, including their identification data and images provided by customers, with their prior authorisation. If the user does not authorise the use of their personal data for publication together with their comment or opinion, these will be published in an anonymised form. The published comments will be accessible to any user who consults the opinions section of the activity.
The processing of your data for this purpose is not obligatory for the contracting of the service, not being the recipient of the surveys in the event that the client opposes this data processing.
Compliance with legal obligations. This treatment is necessary for the OWNER to comply with legal obligations that may arise from the relationship maintained, including the attention of the rights in terms of data protection, not being able to meet these obligations otherwise, being, therefore, the delivery of data for this purpose mandatory.
The processing of the image of customers for publication on the website of the OWNER, as well as in its social networks. These images may be provided directly by customers to the entity or made by professionals hired by the OWNER to accompany users to their destination. The purpose of capturing and publishing these images is to promote the services of the entity. The authorisation for the treatment of your image is voluntary, not being able to use the same in case the client does not give his consent.
To carry out statistical studies. Specifically, your data and, where appropriate, opinions, suggestions, etc. may be used for commercial and/or market studies, to expand and improve our services. The processing of your data for this purpose is not obligatory, and they may not be processed for this purpose if the customer objects. In any case, the results of the studies will be completely anonymous.
The data will be treated confidentially, guaranteeing its security by adopting the appropriate security measures required by current legislation.
How long will we process your data?
We only keep your data for the period of time necessary to fulfil the purpose for which they were collected, to comply with the legal obligations imposed on us and to meet any possible liabilities that may arise from the fulfilment of the purpose for which the data were collected.
The data for the management of the relationship with the clients, the provision of the service and the invoicing and collection of the services will be kept for this purpose for as long as the contract/service is in force. Once this relationship has ended, if applicable, the data may be kept for the time required by the applicable legislation and until any liabilities arising from the contract expire.
The data processed for the sending of commercial communications about our products or services will be kept indefinitely, until, where appropriate, you express your wish to delete them or your wish to stop receiving such communications. Likewise, the data obtained from statistical studies will be kept indefinitely, although these are anonymised.
The data for the management of the surveys will be kept until the results of the surveys have been concluded and analysed. In general, the surveys will be anonymous, although the results may be kept anonymised for a longer period of time. By virtue of the above, the opinions expressed by customers will be retained indefinitely and will be published in the aforementioned media. In the event that the publication of personal data together with the opinion or comment has been authorised, the affected party may request its deletion at any time, in which case the comment or opinion will remain published in an anonymised form.
Data for the fulfilment of accounting, legal, fiscal and administrative obligations will be retained until the statute of limitations expires in accordance with current legislation.
The image of customers, if they have given their consent, will be kept indefinitely as long as they remain valid for the promotional purposes indicated and, in any case, until the customer withdraws their consent. By virtue of the above, the client grants the OWNER the right to fix, reproduce, distribute, publicly communicate and obtain copies of the photographs of his person, without any limitation of number, time and geographical scope, without being entitled to receive any remuneration for it. The only exception and limitation to this cession are those uses or applications that could infringe the right to honour in the terms set out in Organic Law 1/85, of 5 May, on the Civil Protection of the Right to Honour, Personal and Family Privacy and Self-Image.
What is the legal basis for the processing of your data?
The legal basis for the registration of users and the creation of an account is consent. For this purpose, the identification and contact data requested in the registration form will be used.
The legal basis for the processing of your data is the execution of the contract resulting from the acceptance of the General Conditions at the time of contracting one of our services. In some cases, for the correct performance of the services requested by the client (excursions, experiences, etc.), it may be necessary to process data relating to their health. This processing is based on the client’s consent, which is expressed by the voluntary and free provision of this information. The customer is not obliged to provide this information and may revoke this consent at any time, although he/she should be aware that this may have a negative impact on the contracted service, as it may not be offered in accordance with his/her medical needs (e.g. weight, age, intolerances, etc.).
The prospective offer of products and services to our clients is based on consent, allowing the creation of non-intrusive profiles with the internal information that the OWNER has about the client, provided directly by the client, in order to offer them the contracting of other products or services that may be of interest to the client and thus achieve their loyalty.
The processing of the image of customers is also based on their consent.
Consent may be withdrawn at any time, and may be communicated to us by any of the means indicated in this clause. Withdrawal of consent shall not affect the performance of the contract, if applicable, but any processing of data for this purpose previously carried out shall not lose its lawfulness on the grounds that consent has been withdrawn.
The basis of the processing for the fulfilment of accounting, legal, fiscal and administrative obligations is the fulfilment of the legal obligation imposed by the regulations in force for these purposes.
The processing consisting of the remission of satisfaction surveys has as its legitimate basis the legitimate interest, given that the aim is to be able to verify and improve the quality of the treatment received, as well as the products and/or services of the OWNER, allowing the OWNER to continue with its economic activity and to improve and grow in the sector, this interest being considered prevalent given that:
– They are to be forwarded to clients of the OWNER.
– For this purpose only a contact email address will be processed, for the purpose of sending a link to access the survey.
– The means chosen (sending e-mail) is the most suitable and least intrusive to the privacy of the recipients.
However, we remind you that you have the right to object to this processing of your data by any of the means provided for in this clause. In any case, the publication of opinions and comments identifying the natural person is based on consent, which may be revoked at any time, and you may communicate this to us by any of the means indicated in this clause. In this case, the opinion or comment will remain anonymous. Withdrawal of consent will not affect the performance of the contract, if applicable, but any processing of data for this purpose previously carried out will not lose its lawfulness because consent has been withdrawn.
To which recipients will your data be disclosed?
The data will be communicated to the following entities:
The competent Public Administrations, including judges and courts, in the cases provided for in the Law and for the purposes defined therein.
Financial institutions through which the management of collections and payments is carried out.
To the companies/operators in charge of providing the contracted service (excursion, cruises, experience, etc.), including the health data provided. This transfer is necessary for the service to be provided.
If the user authorises us, their opinions and comments may be published on the website and social networks of the entity (e.g. Instagram and Facebook/Meta, Twitter/X, TikTok, LinkedIn), as well as the images collected from customers. This publication is considered a transfer of personal data, insofar as such data is accessible to third parties.
Although this is not a transfer of data, third party companies, acting as our suppliers, may access your information in order to carry out the service. These third parties access your data according to our instructions and may not use it for any other purpose. They do so in strict confidence and on the basis of a contract in which they undertake to comply with the requirements of the current legislation on personal data protection.
Are there any international data transfers?
International data transfers may occur in the following cases:
– In the event that the customer has contracted a service with an operator located outside the European Economic Area. In this case, given that the communication of your data to the latter is necessary for the provision of the service, such a transfer will take place, although it is covered by Article 49.1 b) of the General Data Protection Regulation: the transfer is necessary for the performance of a contract between the data subject and the data controller or for the performance of pre-contractual measures taken at the request of the data subject.
– The OWNER contracts its virtual infrastructure for the storage of its database according to a “cloud computing” model via Google Drive, with the information being stored in the USA, under the Data Privacy Framework agreement. Information available at the following link.
– The OWNER uses the Brevo platform to send commercial communications from the entity if users have previously consented to receive them. In this case, the data will be stored in the United States, so that an international transfer of data would be taking place. However, this entity offers adequate data protection guarantees as it has signed the Standard Contractual Clauses approved by the European Commission (STC). More information about Brevo’s data transfers can be found at the following link.
– The images, opinions and comments that, where applicable, the OWNER publishes on their social networks (e.g. Instagram, Facebook/Meta, Twitter/X, TikTok, LinkedIn) will be stored on these platforms, owned by Meta Platforms, Inc., and their data will therefore be transferred to the USA. In any case, this entity offers adequate data protection guarantees as it adheres to the Data Privacy Framework. For more information, you can consult the following link.
What are your rights when you provide us with your data?
Any person has the right to obtain confirmation as to whether or not we are processing personal data concerning them. Interested parties have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, to request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
Under the conditions provided for in the General Data Protection Regulation, data subjects may request the limitation of the processing of their data or their portability, in which case we will only retain them for the exercise or defence of claims.
In certain circumstances and on grounds relating to their particular situation, data subjects may object to the processing of their data. If you have given consent for a specific purpose, you have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal. In such cases, we will stop processing the data or, as the case may be, we will stop processing it for that specific purpose, except for compelling legitimate reasons, or for the exercise or defence of possible claims.
In addition, data protection regulations allow you to object to being subject to decisions based solely on automated processing of your data, where applicable.
The aforementioned rights are characterised by the following:
– They are free of charge, except in the case of manifestly unfounded or excessive requests (e.g. repetitive nature), in which case a fee proportional to the administrative costs incurred or refusal to act may be charged.
– You may exercise your rights directly or through your legal representative or volunteer.
– Your request must be responded to within one month, although, taking into account the complexity and number of requests, the deadline may be extended by a further two months.
– We are obliged to inform you about the means of exercising these rights, which must be accessible and without being able to refuse you the exercise of the right on the sole ground that you choose another means. If the request is made by electronic means, the information will be provided by electronic means where possible, unless you ask us to do otherwise.
– If, for whatever reason, the request is not acted upon, we will inform you, at the latest within one month, of the reasons for this and of the possibility to complain to a supervisory authority.
In order to facilitate the exercise of the aforementioned rights, we provide below links to the application form for each of them:
– Form for exercising the right of access
– Form for exercising the right of rectification
– Form for exercising the right of opposition
– Form for exercising the right to erasure (“right to be forgotten”)
– Form for exercising the right to restrict the processing of data
– Form for exercising the right to portability
– Form for exercising the right not to be subject to automated individual decisions
All the above-mentioned rights can be exercised by contacting us via the contact details given at the beginning of this clause.
In the event of any breach of your rights, especially when you have not obtained satisfaction in exercising them, you may lodge a complaint with the Spanish Data Protection Agency (contact details available at www.aepd.es), or other competent supervisory authority. You can also obtain further information about your rights by contacting these bodies.
How do we protect your personal data?
We are committed to protecting the personal data we process. We use reasonably reliable and effective physical, organisational and technological measures, controls and procedures to maintain the integrity and security of your data and to ensure your privacy.
In addition, all staff with access to personal data have been trained and are aware of their obligations in relation to the processing of your personal data.
In the case of the contracts we sign with our suppliers, we include clauses requiring them to maintain the duty of secrecy with respect to the personal data to which they have had access by virtue of the assignment, as well as to implement the necessary technical and organisational security measures to guarantee the permanent confidentiality, integrity, availability and resilience of the systems and services for the processing of personal data.
All these security measures are regularly reviewed to ensure their adequacy and effectiveness.
However, absolute security cannot be guaranteed and no security system is impenetrable so, in the event that any information under our control and subject to processing is compromised as a result of a security breach, we will take appropriate steps to investigate the incident, notify the Supervisory Authority and, where appropriate, those users who may have been affected to take appropriate action.
What is your responsibility as the data subject?
By providing us with personal data, the person who does so guarantees that he/she is over 14 years of age and that the data provided is true, accurate, complete and up to date.
To this effect, the interested party is responsible for the veracity of the data and must keep them suitably updated so that they correspond to their real situation, taking responsibility for any false or inaccurate data that they may provide, as well as for any damages, direct or indirect, that may arise.
If you provide data of third parties, you assume the responsibility of previously informing them of all the provisions of article 14 of the General Data Protection Regulation under the conditions established in said precept.
10.1.- Information on Suppliers
Below you will find a link to the privacy policy of each Provider and the activities that correspond to them and are advertised on this Website:
Fuerte Authentic Tours
Activities: Cabra Trekking, Tapas Tour Fuerteventura and its people.
Obycat
Activities: Discover Fuerteventura, Obycat Experience
11.- Modifications
The OWNER reserves the right to make as many adaptations or modifications as it deems appropriate to these General Conditions at any time.
In the event that the General Conditions have undergone any change, the version that will be applicable to the User will be the one in force on the day of contracting the Service.
These modifications will be valid from the date of their publication, which appears at the foot of the General Conditions.
12.- Safeguard clause
All clauses or terms of these General Conditions must be interpreted independently and autonomously, and the rest of the stipulations will not be affected in the event that one of them has been declared null and void by a court ruling or final arbitration decision. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the General Conditions.
Out-of-court dispute resolution
In the event that the User understands that the consumer’s rights have been violated, the User must first complain to the supplier who has provided the service.
Likewise, the User may contact the OWNER to exercise his/her consumer rights, in Spanish or English, by e-mail: info@fuerteventura.is.
If the User considers that his or her claims have not been met in the ways indicated above, the User shall have the right to file an out-of-court complaint through the Online Dispute Resolution Platform (ODR), developed by the European Commission.
14.- Applicable law and jurisdiction
These General Terms and Conditions shall be governed by Spanish law and, in the event of any dispute over the interpretation, execution or validity of these General Terms and Conditions, the Courts and Tribunals of the User’s domicile in Spain shall have jurisdiction.
This document was last updated on 30 March 2025.
