TéTerms and Conditions of Use
Discover+® is a digital guide (hereinafter the "Digital Guide") that has been designed and created by Eivor System S.L. for the purpose of offering activities, guides and accommodation from third parties.
Eivor Systems, S.L. (hereinafter referred to as " Discover+®"Eivor Systems, S.L. is a company of Spanish nationality, holder of Tax Identification Number B76281666 and with registered office at Calle Antonio María Manrique 6, Oficina 1E, 35011 Las Palmas de Gran Canaria, Las Palmas, (Spain); Eivor Systems, S.L. is registered in the Mercantile Register of Las Palmas, Volume 2161, Book 0, Folio 176, GC 52469, 1st entry Date: 23/03/2017, Pre. Year: 2017. You can contact Discover+® via telephone +34 928 396 173 or by e-mail info@discoverplus.es
Discover+® is a trademark registered by Eivor System S.L. at the Spanish Patent and Trademark Office with file number M4018521.
The Terms and Conditions apply generically to any party other than Discover+® you use the Digital Guide, regardless of whether you use the Digital Guide sporadically or whether you have an account and are registered with us (hereinafter the "User" or "you"), in connection with your use of the Digital Guide and with the way you Discover+® manages products and services.
The use of the Digital Guide, as well as the contracting of the products and services offered through it, is subject in its entirety to these Terms and Conditions, and to the Privacy and Cookies Policy. At the time of the first use of the Digital Guide it is understood that the User undertakes to review these Terms and Conditions and to abide by them. If you are dissatisfied with any or all of the contents of the Terms and Conditions, you should refrain from registering as a user or using the Digital Guide. By continuing to use the Digital Guide, you signify your acceptance of these Terms and Conditions.
1.1 The Digital Guide offered by Discover+® is intended for adults acting as end consumers. Consequently, the use of the Digital Guide and the purchase of the products and services offered is strictly prohibited to minors, i.e. those under 18 years of age, or to those who are acting for purposes related to their commercial, business, commercial or professional activity. By using the Digital Guide and contracting the products and services offered through it, the User declares and guarantees that he/she is of legal age and that he/she is acting in his/her capacity as a consumer and user.
1.2 The use of the Digital Guide and the contracting of the products and services offered through the same, which are detailed in the following sections, require prior registration by the User. Therefore, the User must:
2.1 The User undertakes to use this Digital Guide in accordance with the law, morality, public order, generally accepted good customs and the provisions of these Terms and Conditions in force. In particular, but without limitation, the User undertakes not to use it for purposes that are unlawful, contrary to the provisions of these Terms and Conditions, harmful to the rights and interests of Discover+® or third parties and/or that may in any way damage, render useless, overload or deteriorate the Digital Guide or prevent its normal use. Specifically, the User may only transfer the materials and information accessed through browsing and use of the Digital Guide for personal use, undertaking not to exploit, directly or indirectly, the materials and information obtained through the same.
2.2 At any time, and without notice, Discover+® reserves the right to disable User identification codes or access to User data (including access to your account) if, in the opinion of Discover+®, the User has acted contrary to any provision of these Digital Guide Terms and Conditions.
3.1 Users are liable for damages of any kind whatsoever that discover+® may suffer directly or indirectly as a result of a breach by you of any of your obligations under these Terms and Conditions.
3.2 Users also indemnify and hold harmless Discover+® any sanction, complaint or lawsuit that may be brought by any third party, including any public organisation, against Discover+® or its employees as a result of the infringement of any third party rights by such User through the use of the Digital Guide in a manner contrary to the Terms and Conditions provided.
4.1 Products and/or services
4.1.1 Through the Digital Guide, Discover+® offers the possibility to buy and/or book:
4.1.2 All products and/or services shall at all times be monitored by Discover+®.
4.1.3 For the sake of clarity, Discover+® informs the Users that the conclusion of the purchase can take place once the User and Discover+® have Internet connectivity. Therefore, these purchases may not be concluded at offline locations until the user/immediates have connectivity.
4.2 Acquisition of products and/or services from Discover+®.
4.2.1 Discover+® will update periodically which of its products and/or services are free of charge to Users and which may require a prior purchase (paid services).
4.2.2 The User will be guided through the purchase process. To this end, the User must first select the product or service he/she wishes to purchase from among those listed in the Digital Guide.
4.2.3 After making your selection, you will be taken to a screen providing general product information. In particular, on this screen with information about the product or service, the total price of the products and services will be indicated (indicating separately the price of the service, the taxes of the Digital Guide, the applicable handling fees and other relevant costs).
4.2.4 After reviewing all the conditions, the User must enter the billing and payment information, confirm the billing and payment method, automatically retrieving them from the system. Once this information has been completed or ratified, the User must confirm the purchase of the product or service, which will complete the purchase process.
4.2.5 Upon successful completion of the recruitment process, Discover+®within 24 hours after the conclusion of the Discover+ purchase.® will send the User proof of receipt of their order and the price, taxes, shipping and other charges associated with their purchase, together with a copy of these Terms and Conditions.
4.2.6 The products and/or services contracted can be paid for by credit card. Discover+® may charge the cost for the use of such means of payment.
4.2.7 If the User has any doubts during the contracting process, the User should refrain from placing the order and contact Discover+® via the contact information specified below support@discoverplu.es.
4.3 Purchase/booking of products and/or services from third parties
4.3.1 Discover+® markets on behalf of third parties, services and products from different suppliers at a guaranteed price. Each reservation made by a User through Discover+®, consists of one or more products or services that will be available at a given time. Users book the products or services available through the providers on the list made available to them as detailed from time to time in the Digital Guide. All products and services displayed in the Digital Guide (or received by Users by email) are subject to availability.
4.3.2 Discover+® acts as an agent for suppliers in relation to the products and services offered in the Digital Guide or communicated to Users. Discover+® carefully selects the suppliers and the User can purchase (upon reservation) those products/services through the Digital Guide. Discover+® is in no way responsible for the quality of the services and products offered through the Digital Guide, as we cannot guarantee the quality or the standard delivered by the suppliers for which Discover+® acts as an agent. Any questions regarding the products and services purchased in the Digital Guide should be addressed directly to the supplier in question or to Discover+®.
4.3.3 Discover+® is not responsible for any conditions or limitations that may be established by the supplier of the product/service for sale (for example, the impossibility of cancelling a reservation after the completion of the purchase). The User agrees to abide by the terms and conditions of the supplier, including compliance with the supplier's rules and restrictions on the availability and use of its rates and services and products.
4.3.4 All our prices are quoted in Euros and include taxes according to the Spanish autonomous community where the services are provided or the products are supplied, with VAT being the generally applicable VAT and IGIC for those in the Canary Islands. The rates are indicated in the Digital Guide and specify what is included in the purchase, as well as any special conditions that may apply. However, we reserve the right to correct any errors in prices and sales descriptions prior to acceptance of your purchase. Unless otherwise stated in the sales description, the fares quoted apply only to tickets, transfers and destination activities or services and exclude any other possible costs, such as travel expenses or local taxes.
4.3.5 We aim to use photographs and descriptions to provide an illustrative and approximate picture of the products and services to provide Users with an overview of the product and/or activity without implying that they are accurate; for example, we do not guarantee an identical view to that shown in the photograph.
4.3.6 The services and products on the Digital Guide are subject to availability and therefore when a User expresses a wish to make a booking, before we can confirm it, we need to ensure that it is available. A booking request by the User constitutes a contractual offer to purchase the service or product in question, although no legally binding contract will exist between the User and the supplier until the booking is confirmed.
4.3.7 To confirm a reservation, the User must follow these steps:
4.3.8 To avoid any errors, Discover+® reserves the right to alter or amend the details of a service or product, and delete them if necessary, at any time prior to acceptance of the booking in cases where any error or omission with respect to the details of the service or product or at the request of the supplier.
4.3.9 The User is solely responsible for the purchase of those products and/or services that are suitable for his/her state of health. In any case, Discover+® provides Users with advice on whether or not the product and/or service is appropriate.
4.3.10 Once the booking has been completed and paid for, Discover+® will issue a receipt for the same, mentioning the details of the supplier of the service or product booked by the User. Please note that this document is not a full confirmation of the booking with all the details and particular conditions concerning the booking; it is merely proof of receipt of payment on behalf of the supplier. The User will receive a voucher to be presented upon arrival for the use of the service or product.
4.3.11 When the User receives the voucher and the receipt for the service or product purchased, he/she must ensure that all details are correct.
4.3.12 Discover+® shall not be liable in case the voucher does not arrive by email. If it has not been received, the User should contact Discover+®.
4.4 Right of withdrawal
4.4.1 The User who purchases a product or service may, within 14 calendar days from the date on which he/she has concluded the contract with Discover+® or upon receipt of the goods or of the last of the goods ordered in a single order, terminate the contract without giving any reason and without incurring any cost.
4.4.2 Certain products and/or services, due to their nature or the particularities of their applicable sectoral regulations, are excluded from the right of withdrawal (e.g. entertainment products, digital content, products that may deteriorate or expire rapidly, accommodation or tourism activities, etc.).
4.4.3 In order to exercise the right of withdrawal, the User should contact Discover+® and inform you of the cancellation of the contract before the expiry of the right of withdrawal: unsubscribe@discoverplus.es
5.1 In Discover+® we only accept payments by credit or debit card. For the User's convenience, and to protect your payment information, all payments are made through the secure server or our online payment platform provider and once the User has entered the payment details, all information will be processed automatically. The User has the option to request an invoice if necessary.
5.2 In Discover+® We take the protection of our users' personal data and their financial security very seriously. For more information, please refer to the Privacy and Cookie Policy section of the Digital Guide, which you can access by clicking here. hereí.
5.3 When booking the product or service, we ask the User to ensure that all card details are valid and that sufficient funds are available.
5.4 If the User has any questions regarding any amount charged to his card, please immediately contact Discover+® by e-mail to support@discoverplus.es. In the event that we have detected that we have received a payment in error, we will immediately refund the amount to the User's debit or credit card.
6.1 While Discover+® undertakes to use all reasonable efforts to ensure the availability of the Digital Guide, we cannot guarantee fast, uninterrupted and error-free use. In particular, but without limitation, Discover+® waives all liability in the following cases:
6.2 In addition, in relation to services or products provided by third parties, Discover+® cannot in any way be held liable, directly or indirectly, for any services or products provided by their respective suppliers.
6.3 The links that are established in the Digital Guide referring to advertising or other types of content and whose ownership or responsibility corresponds to third parties external to Discover+®are not the responsibility of Discover+®who in no case is obliged to control or approve the services, contents, data, files, products and any kind of material existing in the applications or in the web page or pages of third parties. Therefore, Discover+® is not responsible, in any case, for the legality of the contents of these pages, being the sole responsibility of the third party all matters concerning the content of this link, especially respect for morality, good customs and public order. The existence of links, where appropriate, does not imply the existence of any kind of relationship between Discover+® and the owner of the linked website.
7.1 Any possible delay or breach of these Terms and Conditions by Discover+® shall not be deemed to be a breach thereof and shall be excused to the extent caused by any cause beyond the reasonable control of Discover+®including acts of God, power failures, natural disasters, airspace closures and restrictions by public authority, bad weather, strikes, public disturbances or threats thereof, and war or threat of war.
8.1 The User acknowledges that all elements of the Digital Guide, the information and materials contained therein, the trademarks, the structure, selection, management and presentation of its content, as well as the software used, are protected by intellectual and industrial property rights held by Discover+® or third parties, and that access to the Digital Guide does not confer on them any rights in respect of such intellectual property rights other than those specifically granted.
8.2 Unless expressly authorised by Discover+® or, where applicable, third party holders of the corresponding rights, Users may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available or allow public access by any means of public communication of any of the elements referred to in the previous paragraph. The User may only use the materials, elements and information accessed through browsing and use of the Digital Guide for their own personal use, undertaking not to carry out, directly or indirectly, any commercial exploitation of the materials, elements and information obtained through the same.
9.1 The information contained in this Digital Guide is current as of the date of its last update. Discover+® reserves the right to improve its service for the benefit of Users, to update, modify or delete existing data in the Digital Guide or its technical conditions of operation and use, and Users shall observe any instructions set out by Discover+® to this effect through the digital Guide or through duly authorised personnel.
9.2 In the event that these General Terms and Conditions are amended, Discover+® will make every effort to inform Users so that they can comply with the new applicable conditions and accept them or refrain from using the Digital Guide and cancel their account. In any case, it is important for the User to periodically consult these General Terms and Conditions.
9.3 In the event of any conflict between these General Terms and Conditions and any previous version of these General Terms and Conditions, and unless otherwise stated, these General Terms and Conditions shall prevail.
10.1 The processing of personal data that the User may provide is subject in its entirety to the provisions of the Privacy and Cookies Policy, which forms part of these General Conditions.
11.1 The installation and use of cookies is subject to the Privacy and Cookie Policy, which forms part of these Terms and Conditions.
12.1 The Digital Guide is subject to the following conditions of operation:
12.2 Please note that due to operating system fragmentation and individual manufacturer's implementation, the Digital Guide may not work properly on some Android devices.
12.3 In addition, it is possible to access the Digital Guide using a standard web browser. However, this may result in some limitations in the use of the Digital Guide depending on the characteristics of your device and the version of the web browser installed.
12.4 Discover+® uses an SSL certificate to encrypt all data that is exchanged between users' devices and the servers of Discover+®.
13.1 Users of the Digital Guide can contact Discover+® through the following methods:
E-mail: support@discoverplus.es
Phone: +34 928 396 173
14.1 In the event that any clause of these General Terms and Conditions is null and void or is deemed to be null and void, the remaining terms and conditions shall remain unaffected and shall remain in full force and effect.
15.1 Disputes arising from the Digital Guide, the execution, breach or interpretation of these General Terms and Conditions, as well as the relationship between the User and Discover+®shall be governed by Spanish law, both in contractual and non-contractual matters.
15.2 Discover+® and the User expressly agree to submit to the exclusive jurisdiction of the courts of Las Palmas de Gran Canaria (Spain), unless another compulsory jurisdiction applies in accordance with the applicable laws, for any dispute that may arise between them.
15.3 In any event, before initiating any legal action, the parties shall attempt to resolve the dispute in accordance with Article 14 of Regulation (EU) No. 524/2013 in conjunction with the Regulation on Online Dispute Resolution in Consumer Matters (ODR). In this regard, Discover+® informs users that the European Commission has established an ODR platform to resolve these disputes concerning contractual obligations arising from online sales or service contracts between a consumer resident in the Union and a trader established in the Union. Users can obtain more information via the following link:
