Terms and Conditions
General Terms and Conditions of AhoyBeats and the suppliers mediated by it
§1 General preliminary remarks
(1) Company name and address: AhoyBeats, CIF. Y1786122W, Paseo Mallorca 16, 07012 Palma de Mallorca, Balearic Islands / Spain
(2) AhoyBeats - operates a booking platform for parties and events under the domain AhoyBeats. Visitors to the platform can use this platform to view offers from providers of tourist services and make bookings. Thereby AhoyBeats acts exclusively as an intermediary between the visitor of the platform (or customer) and the provider. PalmGuide is not party to the contract between visitor/customer and provider of the tours and other services.
(3) The following General Terms and Conditions apply exclusively in the respective version at the time of booking. Any deviating general terms and conditions of the customer or the provider are rejected.
(4) When using this website/booking platform, the current terms of use and privacy policy also published on this platform apply in addition to these General Terms and Conditions.
§2 Booking process
(1) The presentation of the products on the AhoyBeats booking platform does not constitute a legally binding offer to conclude a purchase contract, but a non-binding online catalog. By clicking the button "Buy now", the visitor/customer places a binding order/booking for the tours and services contained in the shopping cart and assures the correctness of the transmitted information.
(2) AhoyBeats confirms receipt of the booking request and payment by the customer by sending a confirmation e-mail and informs the provider of the tour or service about the request.
(3) The provider then has a maximum of 48 hours to accept or reject the request. If he accepts the request, the contract between the customer and the provider is bindingly concluded. The confirmation of this and the making available of the object of purchase (voucher for the service of the provider) by e-mail to the customer represents the acceptance of the contract offer by the provider. If the request is rejected, no contract is concluded between the customer and the provider and PalmGuide cancels all corresponding payments.
§3 Cancellation and revocation
(1) The customer can cancel the booking/order within 14 days without giving reasons in written form (e.g. letter, fax, e-mail) or - if the item is delivered to him before the deadline - also by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the customer. The timely dispatch of the revocation or the goods shall be sufficient to comply with the revocation period.
(2) In case of a fixed agreed time or period for the activity or tour, the right of revocation is excluded. However, the accommodating regulations of §4 para. 7 apply.
(3) In the event of an effective revocation, the services received by both parties must be returned. Obligations to refund payments must be fulfilled within 30 days. The period begins for the customer with the dispatch of the revocation or the goods, for the provider with their receipt.
§4 Service provision: General Terms and Conditions of the Provider
(1) The provider renders the agreed services in his own name and on his own account and liability.
(2) The contract between the customer and the provider comes into effect with the acceptance of the customer's request by the provider (see §2 para. 3).
(3) The customer is responsible for the timely arrival at the meeting point.
(4) The Provider may prescribe participation requirements for its services, such as the possession of certain driving licenses. These requirements can be found in the respective descriptions of the services. The customer is responsible for fulfilling and complying with these requirements.
The Provider reserves the right not to admit the Customer to the tour or activity or to exclude the Customer from a tour or activity if these requirements are not met. In this case, the price paid will not be refunded.
In case of doubt, the customer is advised to check with PalmGuide/the provider about the exact requirements before booking.
(5) Furthermore, the provider is entitled not to admit the customer to an activity or to exclude him from such an activity, if he would endanger himself or others by his participation or otherwise sustainably disturb the implementation of the activity. In such cases, the price paid cannot be refunded.
(5) Furthermore, the Provider is entitled not to admit the Customer to an activity or to exclude the Customer from such an activity if the Customer's participation would endanger him/herself or others or otherwise permanently disrupt the performance of the activity. In such cases, the price paid cannot be refunded.
6) The price does not include insurance, unless explicitly stated in the description. The customer is responsible for sufficient insurance coverage.
(7) If the customer has booked an activity for a fixed date and there are no separate cancellation conditions in the description of the activity and on the ticket, the following rule applies:
Cancellation up to 5 days before the start of the booked tour/activity: full refund.
Cancellation less than 5 days before the start of the booked tour/activity or no-show: no refund.
If the customer is unable to attend a booked tour/activity date, the provider and Partytickets will make every effort to find a suitable alternative date for the customer in order to avoid a cancellation or no-show.
(8) The provider may cancel the activity without observing a cancellation period if weather conditions, official measures, external circumstances that could not be foreseen or averted make it impossible to carry out the activity or make it considerably more difficult or dangerous. In this case the paid price will be refunded. This is done to the exclusion of any compensation for damages or other claims based on whatever legal basis.
(9) Furthermore, the Provider reserves the right to make minor changes to the program if this becomes necessary due to unforeseeable or unavoidable circumstances.
(10) The Provider shall be liable for its services in accordance with the applicable law, whereby liability shall be excluded to the extent permitted by the applicable law.
(11) The legal relationship between the customer and the provider of the tours and other services is subject to the applicable law.
§5 Liability
(1) Partytickets is not liable for services or goods of the providers sold via its platform. No warranty is provided by Partytickets, as the goods or services are not the property of Partytickets. Claims against the supplier are governed by the suppliers' terms and conditions set out in §4 and any applicable law.
(2) Liability for damage caused by computer viruses, spyware and other damage caused by computer programs is excluded.
(3) Claims of the Customer against the Provider shall first be clarified between these parties. If a clarification cannot be brought about, PalmGuide will act as an intermediary after sending the relevant information and will examine the claims of the customer and the provider. If these claims are assessed as justified, Partytickets will bring about an amicable solution to the conflict and/or credit the value of the purchase to the customer's account.
(4) PalmGuide is not liable for damages caused by connection or access problems to the internet or by power failures, if these are beyond the influence of PalmGuide ("force majeure") or could not be foreseen. sunbonoo has taken all technically usual measures to avoid such problems as far as possible.
(5) Furthermore, in accordance with article 1.105 of the Spanish Código Civil, PalmGuide is not liable for delays or non-performance of its services in case of force majeure events. In the event of such an event, PalmGuide will notify the Client and Provider as soon as possible. If the event continues for more than three (3) months, either party has the right to terminate the contract without notice.
§6 Intellectual property and copyright
(1) All content on this website, such as design, source code, logos, text, graphics, illustrations, photographs and other elements used on the site are the exclusive property of PartyTickets or its partners and protected by copyright law. The same applies to all trade names and marks and logos on this Site.
(2) AhoyBeats and its partners reserve the right to use the aforementioned content exclusively in any form. You may not use the Site or any portion of it or its Content without the consent of PalmGuide and its affiliates.
(3) AhoyBeats reserves the right to take legal action in case of violation of these copyright regulations, especially in case of reproduction, distribution, use, modification and other use of any kind of the content or parts of the content of the website.
§7 Choice of Law, Venue & Dispute Resolution
(1) The contractual relationship between Partytickets and the customer shall be governed by the laws of Spain. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) The legal relationship between the customer and the provider of the tourist service is subject to the applicable law. In case of doubt, this is also Spanish law.
(3) The place of jurisdiction for all disputes between PalmGuide and the provider and/or customer is Palma de Mallorca.
(4) The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
§8 Concluding remarks
(1) The contract language is German if the customer places his order on the German-language site. Alternatively, the customer has the possibility to conclude a contract on the English- and Spanish-language pages in the respective languages.
(2) These General Terms and Conditions as well as the presentation and functionality of the platform can be changed by PalmGuide at any time and without prior notice. The General Terms and Conditions valid at the time of each individual booking apply. The user has no claim that future bookings will be concluded according to existing terms and conditions.
(3) We store the General Terms and Conditions underlying the booking and send them to the customer and supplier by e-mail. The currently valid General Terms and Conditions can be viewed by the customers and providers on the platform at any time.
(4) These General Terms and Conditions refer exclusively to this website operated by PalmGuide and its content. They explicitly do not apply to links to websites operated by third parties. PartyTickets has no influence on the content, function, etc. of such websites. PalmGuide formally dissociates itself from the content of these linked sites and disclaims any liability for their content as well as the conduct of the operators of the respective sites.
(5) These terms and conditions have been prepared and reviewed in accordance with the requirements of the following Spanish laws: Law 34/2002 "de servicios de la sociedad de la información y comercio electrónico", with the modifications in 56/2007, of December 28th "Medidas de Impulso de la Sociedad de la Información", 2/2011, of March 4th "Economía Sostenible", "Real Decreto-ley 13/2012", Law 7/1998 "sobre Condiciones Generales de Contratación", "el Real Decreto 1906/1999 por el que se regula la contratación telefónica o electrónica con condiciones generales en desarrollo del artículo 5. 3 de la Ley 7/1998", Law "26/1984 General para la Defensa de los Consumidores y Usuario y de manera específica", "Real Decreto Legislativo 1/2007de 16 de Noviembre", Law "18/2012 de 19 de Julio , de Turismo de las Illes Baleares" and Law "7/1996 de Ordenación Electrónica y cuantas disposiciones legales resulten de aplicación".
(6) For mere visitors to the platform, that is, if you do not make a booking, the General Conditions of Use apply.
§9 Severability clause
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
Palma de Mallorca, 27.01.2017
