Service Agreement

Last update 27th March 2024

1. Conclusion of contract with the Supplier

1.1 If you select and purchase an Activity on the Ayenaya Platform, you conclude a contract directly with the Supplier. When concluding the contract, we act as the commercial agent of the Supplier.

1.2 After checking the availability of the Activity, you add the respective Activity to the shopping cart by clicking the button "Add to cart". After clicking the button "Checkout", you will be asked for further mandatory information, in particular the payment method, which must be completed.

1.3 By clicking the button "Book now" at the end of the ordering process, you submit a binding offer to conclude a Service Agreement with the Supplier that will provide the Activity. In most cases, you will receive your confirmation within 15 minutes of placing your booking. On occasions, we might need up to 48 hours to receive the booking confirmation from the supplier. However, once we have it, the confirmation will be emailed immediately.

1.4 The Suppliers may provide their own terms and conditions in their respective listings on the Ayenaya Platform ("Activity T&Cs"). Please read these Activity T&Cs carefully, because they may contain important information for you, e.g. regarding cancellation options or conditions. Nothing in the Activity T&Cs shall affect your relationship with us, or our legal rights. In the event of a conflict between a provision of the Activity T&Cs and a provision in Section 7 of the GTC, the provision that is more beneficial to you shall govern the relationship between you and the Supplier.

1.5 We accept the offer in the name and on behalf of the Supplier once you receive a booking confirmation issued in the name and on behalf of the Supplier and a payment confirmation. We reserve the right to accept or reject contract offers at our sole discretion in case of fraud suspicious, and/or under the Supplier´s instructions.

1.6 The contract between you and the Supplier is not set out in a separate contract text. The content of the contract results from the ordered product (i.e. the description of the Activity selected by you), applicable provisions in Section 13 of these GTC, and - if applicable - the Activity T&Cs.

1.7 You must immediately check the order confirmation to ensure that all data has been entered correctly.

2. Prices

2.1 In most cases, Posted Prices quoted are inclusive of all taxes and fees. However, it is possible that additional local taxes or fees are levied locally. If additional taxes or fees will be levied locally, this will be disclosed in the description of the Activity.

2.2 The Posted Prices set by the Suppliers may be subject to special provisions, for example, with regard to cancellations and the refund of payments. You must independently check before booking whether the respective Supplier prescribes deviating conditions.

3. Provision of the Activity

3.1 You must arrive on time at the meeting point indicated by the Supplier. Please also take note of the Activity T&Cs. If you are traveling to the Activity from abroad, you are responsible for the necessary travel documents (passport, visa, etc.) and compliance with health or other requirements.

3.2 The Booking Price does not include insurance of any type. You are responsible for obtaining sufficient insurance coverage. We strongly encourage you to obtain travel insurance, especially if you are booking an Activity that involves outdoor or high-risk activities. We do not operate tours, employ guides, or set safety standards for Activities.

3.3 Suppliers are independent contractors and not agents or employees of Ayenaya. We are not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any Supplier, or for any personal injury, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from any booking or Activity.

3.4 For time and deadline calculations, the time zone of the Supplier shall be decisive.

4. Further rights of the Supplier

4.1 The Supplier may cancel the Activity on the agreed date without observing a cancellation period if weather conditions, official measures, strikes or other external circumstances that are unforeseeable or can only be averted by disproportionate efforts on the part of the Supplier and are beyond the Supplier's control (in particular events of force majeure) make it impossible or significantly impede or endanger the performance of the Activity. In this case, the Booking Price paid for the canceled Activity will be refunded. You may direct any additional compensation request directly to the Supplier according to 13.3.3.

4.2 The Supplier may exclude you from an Activity if (i) you do not meet the requirements for participation specified on the Ayenaya Platform, (ii) you would endanger yourself or others through your participation, or (iii) you disrupt the implementation of the Activity in any way. In these cases, the Booking Price paid for the Activity will not be refunded.

4.3 The Supplier may make immaterial changes to the program of the Activity at any time if this appears necessary due to circumstances arising at short notice. Insignificant program changes also include a change of the starting/meeting point for the Activity, provided that the new meeting point can be reached by the customer from the originally agreed meeting point on foot or by public transport within 15 minutes. A change of the start/meeting point is possible up to 24 hours before the start of the booked Activity and will be communicated to you by email or displayed via the Ayenaya Platform.

4.4 The Supplier represents and warrants that:

4.4.1 it has all necessary rights, permits, licenses and other governmental authorisations, registrations and requirements to conduct, carry on and continue its business operations and activities and to make the Supplier available for booking on the Platform.

4.4.2 is duly registered with all relevant tax authorities (including the applicable statutory (local) tax authorities) as a Supplier;

4.4.3 the Supplier shall encourage compliance with the standards set out in this Clause by any supplier of goods or services it employs to fulfil its obligations under this Agreement.

5. Liability

5.1 Both the Supplier and the Customer acknowledge and agree to assume certain responsibilities and risks associated with the provision and participation in the Activities offered. While the Supplier endeavors to provide safe and enjoyable experiences, it is understood that unforeseen circumstances may arise.

5.2 The Supplier shall be liable for any direct damages caused by its gross negligence or willful misconduct in the provision of Activities. Likewise, the Customer shall be liable for any direct damages caused by their own gross negligence or willful misconduct during participation in the Activities.

5.3 In the event of personal injury, property damage, or other direct damages resulting from the Supplier's failure to exercise reasonable care or comply with applicable laws and regulations, the Supplier agrees to indemnify and hold harmless the Customer against any claims, liabilities, damages, losses, costs, or expenses arising therefrom.

5.4 This Liability Clause shall survive the termination or expiration of the agreement between the Supplier and the Customer, ensuring ongoing protection and accountability for both parties involved.

6. Complaints

6.1 For the purposes of this clause, incidents in the Booking that must be processed through the Platform shall be understood as follows: 6.1.1 any modification of a confirmed Booking, 6.1.2 any cancellation by the Customer of a confirmed Booking 6.1.3 the defective provision of the Services included in the confirmed Booking.

6.2 The Customer agrees to immediately inform the Supplier about Booking incidents of which it is aware or which are foreseeable before the arrival date

7. Final provisions

7.1 We may amend or adjust these GTC in the future, e.g. to take into account changes in the law, market changes ,or regulatory gaps. We will then inform you of this in good time and in an appropriate manner. If you object, we or you can terminate your Ayenaya Account or your access to the Ayenaya Platform with immediate effect.

7.2 All notices and other declarations transmitted within the framework of these GTC must be made in writing (e.g. by email).

7.3 In these GTC, (i) “including” means “including but not limited to,” (ii) general words shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things, and (iii) words suggesting the singular include the plural, and vice versa. Captions and section headings used in these GTC are for convenience only and shall not be used in construing the GTC.

7.4 The online dispute resolution platform of the European Commission can be accessed here. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

7.5 In case of discrepancy between any of the provisions of the main body of these Supplier-Service Agreement and the Activity T&Cs, the provisions of the Activity T&Cs shall prevail.

8. 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.

9. Right of withdrawal

If you are a consumer, i.e. if you are a natural person who is acting for purposes which are outside your trade, business, craft or profession, and your habitual residency is in the European Economic Area, you generally have a statutory right of withdrawal in accordance with the following withdrawal information. In some cases, however, a right of withdrawal is excluded by law, so that you may not have a right of withdrawal for your specific contract.

9.1 Exclusion of the right of withdrawal The right of withdrawal is excluded by law in the case of distance contracts for the provision of leisure activities if the contract provides for a specific date or period of performance. This includes date or time-bound "Tours" of various kinds, "(Multiple) Day Trips", "Entrance Tickets", "Guided Tours", "Water Activities", "Adventures", "Other Experiences" and "Combination Offers" arranged by the Supplier.

9.2 Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason, before the provision of the Services on the date selected. The withdrawal period will expire after 14 days from the day on which you purchase, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us ( Ayenaya SRL, calle tamarells 7, 07400, Alcuda, SPainl @ Ayenaya . com (spam protection), +34604117011 ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

9.3 Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

9.4 Apart from the above, the following applies with regard to your right of withdrawal: You can use the model withdrawal form below to declare your withdrawal, but are not obliged to use it. For example, you can also declare your withdrawal quickly and efficiently via our platform by filling out and submitting our form at Cancel Booking. If you use the model withdrawal form below, we would kindly ask you to provide your booking reference. This makes it easier for us to match your withdrawal to your contract, but is not obligatory for you.

Model withdrawal form (complete and return this form only if you wish to withdraw from the contract). To Ayenaya SRL Calle Tamarells7, 07400 ALcudia Spain @ Ayenaya . com: I/we() hereby give notice that I/We() withdraw from my/our() contract of sale of the following goods() /for the provision of the following service(), Ordered on() /received on(*), Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date

(*) Delete as appropriate.