1. SCOPE OF APPLICATION
1.1 For all business relations between us, Gloogs Spain S.L., address, (hereinafter referred to as "we" or "GS") and our customers, the following General Terms and Conditions (GTC) shall apply exclusively, irrespective of the means of communication used. With respect to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses contradictory or supplementary General Terms and Conditions of Business of his own, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
1.2 We operate an online portal on our websites under the URL www.gloogs.com and www.gloogs.es for the mediation of leisure and travel services and activities (hereinafter referred to as "Activities"). Providers of the activities are in each case local companies which provide the service on site to the end customer (hereinafter referred to as "organiser"). Customers can view and book all activities offered by the organisers via our portal (hereinafter referred to as "Gloogs").
1.3 These GTC govern the legal relationship between us and the customer when the customer uses Gloogs. They also regulate the relationship between the customer and the organiser in the respective areas relating to the organiser.
1.4 The legal relationship between us and the customer is governed by these GTCs in their current version. For contracts between customers and organisers, these GTCs shall apply in the version valid at the time of submission of the customer's contractual declaration.
2. ONLINE DISPUTE RESOLUTION
2.1 The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
2.2 We hereby inform our customers that we are not willing or legally obliged to participate in dispute resolution proceedings before a universal arbitration board.
3. CONTRACTUAL PARTNERS
3.1 The customer's contractual partner regarding the use of Gloogs is:
GLOOGS Marketing SL
Calle Llaut 23
07610 Playa de Palma
Telephone: +34 971 154 670
3.2 The customer's contractual partner for an activity booked via Gloogs is the organiser specified in each case when the activity is offered on Gloogs.
4. CONCLUSION OF CONTRACT
4.1 Customers can be both consumers and entrepreneurs. "Consumers" are natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. "Entrepreneurs" are natural or legal persons or partnerships with legal capacity for whom the order serves their commercial, self-employed or freelance purposes. However, a prerequisite for concluding a contract via the marketplace is that the customer has full legal capacity, i.e. in particular is of full age.
4.2 We act exclusively as an intermediary for the conclusion of the contract between the customer and the respective organiser. The actual contractual relationship with regard to the activity desired by the customer only comes about between the customer and the respective third-party provider if the customer books an activity via Gloogs.
4.3 The presentations of the offers for the activities on Gloogs do not yet represent binding offers by the organisers to conclude a contract for the provision of the activity, but are to be understood as an invitation to the customer to submit a binding contractual offer to the organiser by booking an activity.
4.4 The customer submits his binding contractual offer by clicking on the button "Book now with costs" in the last step of the booking process.
4.5 After completing the booking, the customer receives an order confirmation email automatically generated by our system. This email initially only informs the customer that his booking has been received by our system and restates its content. It does not yet constitute an acceptance of his contractual offer. Our system automatically forwards the customer's booking offer to the relevant tour operator immediately after we have received it. The tour operator will then inform us whether it is ready to conclude a contract with the customer. We will then inform the customer of the answer by means of another automated email (booking confirmation or rejection).
4.6 A binding contract is only concluded by a separate booking confirmation email to the customer. The organiser has a maximum of 24 hours to accept the customer's contract offer, unless the activity is already taking place in less than 24 hours. In the latter case, the organiser can only accept the customer's contract offer up to three hours before the start of the event. If the customer does not receive a booking confirmation within the acceptance period, the customer's order has not been accepted and he is no longer bound by his offer. Payments already made by the customer will be refunded to him.
5. ESSENTIAL FEATURES OF THE ACTIVITIES OFFERED
5.1 The essential features of the activities offered on Gloogs are always set out in the associated offer description.
5.2 Unless expressly stated in the offer of an activity, the offers presented on Gloogs do not in principle include insurance cover. If the customer wishes to have insurance cover, the customer is responsible for arranging this.
6. OTHER RIGHTS AND OBLIGATIONS BETWEEN ORGANISERS AND CUSTOMERS
6.1 An Event Organiser may or may not make participation in activities subject to certain conditions (e.g. age, state of health, clothing, jewellery, hairstyle, suitability or eligibility certificates, such as driving licence, boat licence, etc.). Such restrictions on participation are noted in the respective offer on Gloogs. If the customer books such an offer, he/she thereby confirms that he/she fulfils the relevant conditions and that he/she will bring any necessary proof and/or authorisation documents to the activity. In case of doubt, it is the customer's responsibility to ask the organiser to explain the restrictions before booking. If the Client does not comply with such requirements, the Organiser is entitled to refuse the Client participation in the Activity booked by the Client. In such a case, the customer is only entitled to a refund of the price paid by him/her if a (partial) refund is provided for by law for such a specific case.
6.2 The Organiser is not liable for the cancellation or cancellation of events if this is due to circumstances for which he is not responsible and which are unavoidable for him, such as in particular events of force majeure (weather, natural events, fire, sabotage, strike, etc.) or official measures. In such cases, the customer shall be refunded any booking fee already paid. Further claims, such as compensation for travel, rental or accommodation costs, etc., are excluded.
6.3 Organisers have the right to make changes to the content of a booked activity if this becomes necessary due to unforeseeable and/or unavoidable circumstances and only insofar as they are not significant and do not unreasonably affect the overall content of the booked activity.
6.4 In the case of activities for which, for example, specific vehicles, means of transport, equipment or specific persons have already been described in the offer in terms of content, but these are not available for the activity at the time of the activity, the organiser has the right to provide the customer with equivalent substitutes. If the customer does not accept this, further claims, such as compensation for e.g. travel, rental or accommodation costs, etc., are excluded.
8. PRICES AND PAYMENT
8.1 All prices stated on Gloogs are final prices in Euro. They include VAT and other price components and do not include shipping costs. If shipping costs are incurred when booking an activity (e.g. for documents or equipment sent in advance), this is indicated in the relevant offer as well as the amount of the shipping costs.
8.2 Payment by the customer shall be made immediately after conclusion of the contract.
8.3 The customer shall make the payment exclusively to us. We shall accept the payment as the money-receiving agent of the respective Tour Operator and forward it to the Tour Operator. Payment to us has a discharging effect for the customer vis-à-vis the organiser.
8.4 The following payment options are available to the customer at the end of the ordering process: list payment options here, credit card, Google Pay, Apple Pay, Amazon Pay, PayPal.
9. REBOOKING AND CANCELLATION
9.1 If the customer wishes to rebook an activity after conclusion of the contract, he must contact the relevant organiser to do so. The organiser can comply with the request if his capacities allow this. He may charge a rebooking fee. However, the customer has no right to a rebooking.
9.2 Unless otherwise agreed individually between the organiser and the customer, the customer can only cancel booked activities free of charge (i.e. full refund of the price) if this is done earlier than 5 days before the start of the activity. If the client cancels later than 5 days before the start of the activity, he/she must still pay for the activity in full or will not receive a refund of any amounts already paid. The same applies if the client - without cancelling - does not take part in the activity (so-called no-show). The client is responsible for arriving on time at the location of the activity.
10. TECHNICAL AVAILABILITY OF GLOOGS
10.1 The services of Gloogs are generally available around the clock, 24 hours a day, seven days a week, with an availability of at least 99%.
10.2 Events beyond our control and for which we are not responsible (e.g. force majeure, disruptions of public communication networks, power failures, etc.) may reduce the times of availability without the customer being entitled to any claim against us for this reason.
11. LIABILITY FOR DEFECTS
11.1 If a service provided by us is defective, the customer shall in principle have the statutory right of liability for defects. However, within the scope of the warranty for defects, we are only liable for our own services (i.e. the defect-free operation of our platform Gloogs) and not for any defectiveness of the activity of an organiser. The organiser's liability is governed by section 10.3 and must be asserted by the customer against the organiser.
11.2 In the relationship between the customer and the organiser, the statutory liability for defects also applies in principle. If the Organiser's performance is defective, the customer's claims for liability for defects shall only exist against the Organiser and not against us. In such a case, however, we shall support the customer and attempt to mediate between the customer and the Tour Operator.
12.1 Apart from liability for defects, we shall be liable without limitation in legal transactions within the scope of these GTC and irrespective of the type of fault for damages arising from injury to the life, body or health of a person. In the case of other liability claims, we shall be liable for intent and gross negligence, including that of our legal representatives and employees. We shall only be liable for the fault of other vicarious agents to the extent of the liability for slight negligence pursuant to Clause 12.2. Event organisers are neither our representatives nor employees at our company and also not our vicarious agents.
12.2 We shall only be liable for slight negligence if an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation). In the event of a breach of a cardinal obligation, the amount of liability shall be limited to the foreseeable damage typical for the contract.
12.3 Any further liability for damages, in particular liability without fault, is excluded. Any liability under the Product Liability Act shall remain unaffected.
12.4 If damage is attributable to both our fault and the fault of the customer, the customer must allow his contributory negligence to be taken into account.
13. INTELLECTUAL PROPERTY
13.1 The term "Gloogs", the logo, the contents of our websites, texts, images, videos, descriptions and other multimedia elements as well as the website and the underlying software in the source code are our intellectual property and are subject to corresponding legal property rights. Use of one or more of these works by third parties is only permitted with our express written consent.
13.2 We reserve the right, in the event of any infringement of our intellectual property rights, to pursue any claims to which we are then entitled by legal process.
14. STORAGE OF THE CONTRACT TEXT
The contract content of contracts concluded via Gloogs between the customer and an organiser is stored by us. The customer can view this in his customer account on Gloogs at any time for a period of at least one year. Alternatively, the customer can save the content of the contract himself at any time during the order process using the options available in the internet browser (usually in the options menu -> "Print" or "Save page as").
15. FINAL PROVISIONS
15.1 These General Terms and Conditions are governed by Spanish law.
15.2 Should individual provisions of these GTC prove to be invalid, this shall not affect the remaining provisions of this contract. This shall not apply if adherence to the contract would represent an unreasonable hardship for one party. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the invalid provision.
15.3 We reserve the right to amend these GTC if necessary. Amendments to the GTC will only take effect from the date of the amendment. Legal transactions already concluded via Gloogs remain unaffected by such changes.