These General Terms and Conditions (“GTC”), together with the Privacy Policy (https://www.ayenaya.com/privacy_policy), as well as the Service Agreement, or any other document that supplements or replaces them, constitute the conditions regulating the use by the use of the Platform by the Customers

The Ayenaya Platform is available to users worldwide.

The Platform is accessible to all Customers through the url http://www.Ayenaya.com. The GTC aims to define the conditions of access and use of the Platform and the provision of the Activities. Any use of the Platform implies the prior, express, and unconditional acceptance by the Customer. The Customer have been informed and acknowledge that by clicking, at the time of creating the Ayenaya Account, on the "Sign up" button, the mention "I accept the Terms of Service and the Privacy Policy" appears, the set of provisions of the Terms comes into force.

We reserve the right, at all times, to unilaterally reject access to the Platform, without prior modifications, to any Customer who does not respect these GTC. The Customer is informed that the GTC may be modified at any time, unilaterally by us in order to comply with any changes in its Services or with any legal, jurisprudential, editorial, and/or technical changes. We undertake to inform the Customer about any changes made to the Services and/or the Terms by email or by means of a special notice posted on the Platform. The conditions applicable to each Activity carried out on the Platform are those provided by the Provider and that the Customer can access online at the time of accepting the Booking and are attached to the Booking confirmation email received by the Customer.

These GTC constitute a legally binding contract between the Customer with Ayenaya SL. for exclusively the access and/or use of the Platform

1. About us

We, Ayenaya SL, registered address Calle Tamarells 7, 07400 Alcudia, Spain, ("Ayenaya" or "we" or "us") is the operator of the Ayenaya Platform and are responsible for it accordingly. Our platform is available worldwide in multiple languages and is quick and easy to use.

We operate the Ayenaya Platform as an intermediary platform on which tours and Activities ("Activity”) are offered online by a variety of local activity providers such as amusement parks, museums, tour guides, boat tours ("Suppliers")... The Activities include, for example, guided tours, cooking classes, massages, boat trips, and other services. We act as a commercial agent for the Suppliers. The descriptions, photographs, and other content for its own Activities originate from the respective Suppliers. We therefore have no direct influence on such content.

2. Scope

2.1 These GTC apply to all visitors to and users of the Ayenaya Platform ("Users" or “you”). As soon as you use the Ayenaya Platform, you are obliged to comply with these GTC. Therefore, please read them carefully during your first use.

2.2 They are available online and apply to all of our services, unless more specific terms and conditions for a specific service prevail. Should this be the case, we will make this clear at the appropriate time. Any of your terms and conditions that conflict with or deviate from the GTC shall not apply unless we have expressly agreed to them in writing.

2.3 The use of the Ayenaya Platform is only for you personally, i.e. you may not use it under any circumstances for business purposes. Reselling tickets is absolutely forbidden ! This means that any use that goes beyond your personal use in your private environment and/or serves commercial or business purposes, those personally connected to you and/or other third parties, in particular the commercial resale of tickets, is strictly prohibited.

3. What we do

3.1 You can view Activities on the Ayenaya Platform. The contract for the provision of the Activity is concluded exclusively and directly between you and the Supplier ("Service Agreement"). When you buy an Activity on the Ayenaya Platform, you are not buying anything from us, but directly from the Supplier. Service Agreements are concluded by us on behalf and for the account of the Suppliers. We act as a commercial agent for the Suppliers and are commissioned and authorized by the Suppliers to conclude transactions directly between Suppliers and Users, e.g. you, and for the account of the Suppliers and to collect payments from the Users. We do not offer any Activities ourselves and therefore do not become your contractual party to any Service Agreement. We do not act as the organizer, the landlord, reseller, intermediary, or other contractual partner in relation to the Service Agreement with you. We receive a commission from the Supplier for brokering the Service Agreement.

3.2 You can filter the list of Activities by different parameters. The discovery wizard will show you Activities that match your criteria and are offered by a specific Supplier. If more than one Supplier is able to offer an Activity that matches the criteria entered in the discovery wizard, the applicable Activities will be displayed in an order based on the factors including popularity, diversity, availability, cancellation rate, rating, performance over time, and amount of revenue generated.

3.3 In the interest of a fast and smooth process, you may direct questions about your booking to the Ayenaya customer service. For this purpose you can find a form on Contact us ⎸Ayenaya, as well as through our WhatsApp channel. As commercial agents, we support the Suppliers in this process. We usually answer within 24 hours, or at the latest usually within 48 hours. The communication between you and the Supplier can be done directly. In case of emergency, the contact details of the respective Supplier can be found on your reservation.

3.4 We reserve the right to make the use of the Ayenaya Platform, individual functions of the Ayenaya Platform or the extent to which individual functions can be used, subject to certain conditions, such as the payment behavior of the User (e.g. in the case of prior bookings) or the presentation of certain proof (e.g. proof of identity, purchase, payment, or ownership). We reserve the right to restrict your booking of Activities, or cancel Activities you have booked, in the case of suspected fraud, violation of these GTC, or violation of obligations under the Service Agreement, which become known to Ayenaya.

3.5 We are not obligated to improve, extend (update/upgrade) or make available the content, functions and services provided via the Ayenaya Platform. We may discontinue our Platform at any time; there is no right to continuation. However, if you have already concluded a Service Agreement with a Supplier, Section 13 applies to you, i.e. the Service Agreement.

4. Registration and Ayenaya account

4.1 Registration is required to access the Ayenaya Platform, you must register with us in order to use all features.

4.2 In order to create an account (“Ayenaya Account"), you must enter your full legal name and email address in the registration form on the Ayenaya Platform and may set a password. If available, you can create an account without a password by using the option to create a passwordless account with an email verification link. You must keep this data secret so that no third party has access to your account. After clicking the button "Confirm email" you will receive a confirmation ‘welcome’ email from Ayenaya. Your Ayenaya account has now been created.

4.3 You may only create one Ayenaya Account for yourself. You may not transfer the account to anyone else.

5. Conclusion of contract with Ayenaya- User Agreement

5.1 The subject matter of the contract with us as the contracting party, is the use of the Ayenaya Platform free of charge (“User Agreement”).

5.2 The contractual relationship between you and us comes into effect as soon as you use the Ayenaya Platform. A blocking, termination or deletion of your Ayenaya Account is possible at any time via the Ayenaya customer service via the contact form. The contact details can be found at Contact us ⎸Ayenaya .

5.3 Ayenaya may unilaterally terminate your User Agreement, Ayenaya Account or your access to the Ayenaya Platform at any time with a notice period of one week. However, the termination will become effective only after any already established Service Agreements have been executed or canceled. The right to termination for good cause remains unaffected.

6. Payment at Ayenaya

6.1 The price offered on the Ayenaya Platform ("Posted Price") shall apply to the Activity. The amount you pay for an Activity ("Booking Price") is the Posted Price less any applicable discount. Unless otherwise agreed, the Booking Price for the Activity is payable immediately upon booking.

6.2 Ayenaya is entitled to receive the invoiced amounts in the name of and on behalf of the Supplier (as a commercial agent), unless otherwise expressly stated in the Supplier's invoice. With the successful payment to Ayenaya, you have fulfilled your payment obligations towards the Supplier with a discharging effect. If claims are to be paid in a currency other than your local currency (foreign currency claim), Ayenaya may (in its role as a commercial agent) collect payment in your local currency and convert the foreign currency claim at the current exchange rate at the time of the conclusion of the contract. For highly volatile currencies, we may charge a reasonable exchange fee.

6.3 We are your contact in connection with a Service Agreement and payment therefore as the commercial agent of the Supplier. If you wish to request a refund of the Booking Price outside of our cancellation policy, you may contact us. We will then contact the Supplier, and the Supplier will determine in its discretion whether to honor the refund request. A refund granted by the Supplier can be processed by the Supplier through us.

6.4 You must provide payment information truthfully and update it immediately in the event of changes. The means of payment permitted for the Activity will be displayed to you in the order process. The terms and conditions of the payment service provider will apply. Your payment service provider may charge additional fees. You are required to confirm to us that you are authorized to use or have the right to use a payment method you select.

6.5 By authorizing payment, you consent to your payment information being used to collect payment for the Supplier. We reserve the right to make the use of the payment function or individual payment methods on the Ayenaya Platform dependent on a check of the required creditworthiness.

7. Changes and Cancellations

7.1 You may only cancel the Service Agreements in accordance with the cancellation conditions as stated in the Service Agreement or the description of the Activity on the Ayenaya Platform.

7.2 To avoid misunderstandings, you must make changes (e.g. rescheduling the Activity date or making changes to the participants) and cancellations via the Ayenaya Platform, unless otherwise agreed. A cancellation or changes can be made via email using a template in our website. The change or cancellation must be made in good time; what is "in good time" depends on each individual case (e.g. within the applicable cancellation period) and may be subject to the Activity’s availability. Therefore, it is very important that you carefully read all terms and conditions on the Activity page or the Service Agreement. The decisive factor for a timely cancellation is the timely receipt of the notification by Ayenaya. If these conditions are met, we will issue a cancellation/change confirmation on behalf of the Supplier. This will serve as proof of the cancellation/change and therefore must be kept.

7.3 We can notify you of changes or cancellations on behalf of the Supplier, especially if at short notice, by your provided telephone number and by sending changes to your email address.

7.4 Unless there are different cancellation conditions specified in the description of the Activity on the Ayenaya Platform, or in the Service Agreement, the following cancellation conditions shall apply: a) For cancellations more than 24 hours before the start of the Activity: full refund of the Booking Price; and b) For cancellations 24 hours or less before the start of the Activity or in case of no-show: no refund.

8. Reviews and Other User Content

8.1 We offer you the opportunity to view reviews and other content posted by other users on the Ayenaya Platform. The reviews reflect the personal opinion of a respective user from a specific point in time and are therefore shaped by personal ideas and expectations. It must also be noted that the Activity may have changed since the review or other content was posted. The number of reviews and ratings given should also be taken into account, as a single opinion is often less meaningful than the synopsis of a large number of opinions.

8.2 You can personally influence the content of the Ayenaya Platform by writing reviews of Activities which you have purchased or posting pictures (together, "User Content"). You are fully responsible for the User Content you post. It is strictly forbidden to post User Content on the Ayenaya Platform that: (i) is untrue or misleading; (ii) openly or covertly advertises products, services or companies; (iii) is created in return for remuneration from a third party; (iv) is created by or at the direction of the Supplier who provides the Activity; (v) violates the intellectual property, privacy, or other rights of a third party; or (vi) contains links or similar information/references that are likely to impair the functioning of third-party data processing systems.

8.3 The public accessibility of the User Content may not violate legal provisions, morality and/or the rights of third parties; in particular, you may not upload and/or make publicly accessible any User Content with depictions of violence, pornography, discrimination, insults, racism, defamation or other illegal content or depictions.

8.4 You retain ownership of any User Content you create. You grant to Ayenaya a non-exclusive, sublicensable (through one or more tiers), worldwide, fully-paid and royalty-free license, in any and all media now known or hereafter discovered or developed, to use, reproduce, adapt, translate, make derivative works of, modify, perform, publicly display, publicly perform, transmit, and distribute the User Content including (i) on or through the Ayenaya Platform, (ii) on or through Ayenaya’s partners, and (iii) in online and offline marketing materials.

8.5 We may remove User Content as necessary and at our sole discretion. For example, Ayenaya may remove User Content if, in our opinion, it violates our obligations under Sections 8.2-8.4 We are not obligated to keep copies of User Content or to provide such copies.

8.6 Ayenaya, may display advertisements and other information next to or together with the User Content on the Ayenaya Platform as well as on other media. You are not entitled to any compensation for such advertisements. We reserve the right to make changes to the type and scope of such advertising measures; we will not notify you of such changes.

9. Data protection

9.1 All your personal data collected through the Ayenaya Platform is processed by Ayenaya as a data controller, in accordance with relevant data protection laws and for the purposes described in the Privacy Policy. Ayenaya shares your personal data with Suppliers to the extent it is necessary for the performance of the Service Agreement between you and Supplier or when necessary to comply with a legal obligation and for other purposes legally allowed. Suppliers are independent data controllers and bear the sole responsibility of processing your personal data.

9.2 You will find detailed information on how to exercise your data protection rights in the Privacy Policy.

10. Indemnification

10.1 You shall fully indemnify us for all damages, costs and expenses (including reasonable legal defense costs) incurred by us as a result of:

10.1.1 your intentional or negligent misrepresentation, act, or omission in connection with your use of the Ayenaya Platform;

10.1.2 your intentional or negligent non-compliance with the GTC; or

10.1.3 claims asserted by third parties arising out of or in connection with your access to or use of the Ayenaya Platform that intentionally or negligently violates these GTC.

11. Assignment

You may not transfer or assign your rights and/or obligations under these GTC, except for any claim for damages.

12. Severability clause

Should individual provisions of these GTC be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions of these GTC that are not included or are invalid. If such statutory law is not available in the respective case or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.

13. Liability

We do not guarantee that the Platform will operate in any operating environment or that it can be used at all times, without interruption or error, or that all errors can be corrected. As the Platform is constantly evolving, it is subject to occasional changes and/or temporary or permanent interruptions without prior notice, especially for maintenance reasons. We are not liable under any circumstances if the Platform is not available due to such changes. In this context, We reserve the right to interrupt, temporarily suspend, or modify without prior notice access to all or part of the Platform, in order to ensure maintenance, or for any other reason, without such interruption generating any obligation of compensation.

Certain information included on the Platform has been provided by the Suppliers. We will make every effort to ensure that this information provides the Customer with a correct and as reliable as possible idea regarding the Activities offered.

Likewise, we shall not be liable for damages or losses resulting from any Customer's infringements affecting the rights of another Customer, or third parties, including copyright, trademarks, patents, confidential information, and any other intellectual and industrial property rights.

We shall not be liable for damages and losses caused to the Customer in the event of impossibility to provide the Activities subject to these GTC, in cases of force majeure, fortuitous event, or other causes not attributable to it. We shall also not be liable for the inadequate use of the Platform as a result of maintenance work, or faulty configuration of the Customer's computer equipment, or insufficient capacity to support the computer systems.

14. Governing law

This agreement shall be governed by and construed in accordance with the laws of the jurisdiction where the Customer is located, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts in the jurisdiction of the Customer's residence. Each party hereby consents to the jurisdiction of such courts and agrees to waive any objections to the exercise of jurisdiction by such courts, including but not limited to forum non conveniens.