General terms and conditions of Coupon Mallorca S.L.U. and its providers of touristic activities and services
(1) Company name and address: Coupon Mallorca S.L.U., CIF. B57700635, Gran Vía Puig des Castellet num. 1, bloque 1, 1º, 07180 Santa Ponça, Balearic Islands / Spain, phone +34 871 575 674
(2) Coupon Mallorca S.L.U. – hereafter sunbonoo – operates a booking platform for touristic excursions, tours and activities under the domain www.sunbonoo.com. Visitors of the platform can browse offers of providers of touristic services and make bookings on this platform. In this process, sunbonoo acts purely as a broker between the visitor of the platform who is making a booking (the customer) and the provider of the service. sunbonoo is not a contracting party in the contract between the visitor/customer and the provider of the touristic activities and services.
(3) Only the following terms and conditions in their current revision at the time of each booking shall apply. Other, potentially conflicting terms and conditions of both the visitor/customer as well as the provider shall not apply.
§2 Booking process
(1) The presentation of the products and services on the sunbonoo booking platform does not constitute a legally binding offer to conclude a sales agreement but rather a nonbinding online catalogue. By clicking on the button “place order” the customer / visitor is placing a binding order / booking for the tours and services in the shopping cart and confirms the accuracy and correctness of the provided data.
(2) Upon successful booking and payment, sunbonoo immediately confirms the receipt of the booking request and the payment by the customer with a confirmation email and informs the provider of the booked tour or service of the request.
(3) From this point of time onwards, the provider has a maximum of 48 hours to accept or reject the request. In case of acceptance, the contract between the customer and the provider is bindingly concluded. The confirmation of this acceptance and the delivery of the object of purchase (voucher for the provider’s service or offering) by email to the customer is the proof of the acceptance of the offer by the provider. In the unusual event of a rejection of the offer by the provider, no contract is concluded between the provider and the customer and sunbonoo will refund the customer the full booking price.
§3 Cancellation rules
(1) The customer may cancel the booking/order without giving any reasons within 14 days in written form (e.g. by mail, email, fax) or – if already received - by sending back the ordered items. The stated period starts with the receipt of these terms and conditions in written form, but no earlier than the receipt of the ordered items.
(2) If a date and/or a timeframe have been agreed upon for the booked activity or service, the above cancellation rule is precluded. However, our customer friendly cancellation rules as explained in §4 (7) still apply.
(3) In case of a valid cancellation, all payments will be refunded based on the rules and all received items have to be sent back. Refunds will be made within 30 days.
§4 Provision of services: terms and conditions of the providers of touristic services
(1) The provider delivers the agreed upon services on his / her own account, responsibility and liability.
(2) The contract between the customer and the provider is concluded by the acceptance of the customer’s booking request by the provider (cf. §2 (3)).
(3) The customer is responsible for being at the agreed upon meeting point on time.
(4) The provider may require certain conditions to be met by the customer for the successful participation in the booked activities such as e.g. having certain drivers’ licenses. Theses preconditions can be found in the description of the respective activities and tours on the booking platform. The customer is responsible for meeting and adhering to these preconditions.
The provider reserves the right to refuse admittance to or to exclude a customer from a tour or activity if these conditions are not met. In such a case, the price of the ticket cannot be refunded.
If in doubt, we recommend to consult sunbonoo and / or the provider for the exact conditions and requirements for participating in the activity or tour.
(5) Furthermore, the provider may refuse admittance to or to exclude a customer from a tour or activity if the customer may endanger himself / herself or others or by any other means interrupt or endanger the activity. In such a case, the price of the ticket cannot be refunded.
(6) The price as shown on the sunbonoo booking platform does not - unless stated explicitly - include any insurance. The customer is solely responsible for ensuring an adequate level of insurance for the selected activity.
(7) If the booking has been made for a defined date and / or time and if there are no separate cancellation guidelines in the description on the booking platform or on the ticket, the following guidelines apply:
- Cancellation up to 5 days before the start of the booked activity/tour: full refund
- Cancellation less than 5 days before the start of the booked activity/tour or no-show: no refund
If the customer is unable to participate in a tour / activity at the booked date, the provider and sunbonoo will attempt to find an alternative date for the customer in order to avoid a cancellation or a no-show.
(8) The provider may cancel a tour or activity on short notice if weather conditions, regulatory actions, or unforeseeable external circumstances make it impossible, dangerous or otherwise unacceptable to carry out the tour / activity. In such a case, the ticket price will be fully refunded while at the same time precluding any liability for compensation or other demands based on whatever legal basis.
(9) Furthermore, the provider reserves the right to make minor changes to the tour or the activity if this is necessary due to unforeseeable or uncontrollable circumstances.
(10) The provider shall be liable for his / her services according to the applicable local law. If admissible by local law, all liability shall be excluded.
(11) The legal relationship between the customer and the provider of touristic activities and services is governed by the applicable local law.
(1) sunbonoo shall not assume any liability whatsoever for the services and products that are being sold on its booking platform. The services and products sold on the platform are sold on behalf of and on account for the providers of touristic services and products that are offering their services through the sunbonoo booking platform. Claims towards the providers are based on the terms and conditions of the providers of touristic services as detailed in §4 as well as the applicable local law.
(2) All liability for damages due to computer viruses, spy software and other harmful computer software shall be excluded.
(3) Customers’ claims against the providers should be settled directly between the customer and the provider of touristic services and products. If a mutual resolution cannot be found, sunbonoo will try to mediate between the parties and check the customer’s and provider’s claims based on the provided information. If sunbonoo deems the claims to be justified it will suggest an amicable resolution and / or reimburse the customer.
(4) sunbonoo shall not assume any liability for damages due to Internet connectivity or access issues as well as power outages if these are outside of the control of sunbonoo (‘force majeure’) or cannot be foreseen. As far as possible, sunbonoo has taken all feasible technical measures to prevent such issues from happening.
(5) Furthermore, in accordance with article 1.105 of the Spanish Código Civil sunbonoo shall not be liable for any cessation, interruption or delay in the performance of its services in case of force majeure events. If affected by such an event, sunbonoo will notify the other parties without undue delay. In case the force majeure event exceeds three (3) months, sunbonoo as well as the other parties are entitled to withdraw from the contract. In this case claims for damages shall be excluded.
§6 Intellectual property and copyright laws
(1) All content of this website including design, source code, logos, texts, graphics, photos and other elements is the exclusive property of sunbonoo or its partners and providers and is protected by the applicable copyright laws. The same applies to all trade names and brands as well as the logos on this website.
(2) sunbonoo and its partners reserve the right to use the aforementioned content exclusively. You may not use the website or any part of it or its content without the prior written consent of either sunbonoo or its partners.
(3) In case of a violation of these rules, especially in case of reproduction, distribution, usage, modification or any other unauthorized usage of any part or the content of the websites, sunbonoo reserves the right to take legal action.
§7 Place of jurisdiction and governing law
(1) The contractual relationship between sunbonoo and the customer shall be governed by Spanish law. This shall not apply to local consumer protection regulations, that are binding in the country where the customer has his or her domicile. The provisions of the United Nations’ Convention on Contracts for the International Sale of Goods ("UN Purchasing Convention") are not applicable to this contractual relationship.
(2) The contractual relationship between the customer and the provider of touristic services shall be governed by the applicable local law. In case of doubt, the governing law shall be Spanish law.
(3) The place of jurisdiction for all disputes between sunbonoo, the provider and / or the customer shall be Palma de Mallorca, Balearic Islands, Spain.
(4) Information on Online Dispute Resolution (ODR): The European Commission provides an Internet platform for online settlement of disputes. The ODR platform should serve as a focal point for the extrajudicial settlement of disputes concerning contractual obligations arising from online sales contracts. The ODR platform is accessible via the following link: http://ec.europa.eu/consumers/odr
§8 Closing remarks
(1) The contractual language shall be English, if the customer made the booking on the English part of the sunbonoo booking platform. Alternatively, the customer may also use the German or Spanish versions of the booking platform for the contract to be concluded based on the respective language.
(2) These general terms and conditions as well as the presentation and functionality of the booking platform may be changed by sunbonoo at any time and without prior notice. The general terms and conditions shall apply as amended at the time of booking. A guarantee, that future bookings may be made based on the current general terms and conditions is precluded.
(3) For each booking made on the platform, we will save the current general terms and conditions and send them to the customer and the provider via email. The currently valid general terms and conditions can be found at any time on the sunbonoo website.
(4) These general terms and conditions shall only apply to the website and booking platform and its content that is maintained and operated by sunbonoo. They are not applicable to links to websites that are maintained by third parties. sunbonoo has no influence on the content and function of these websites and rejects any responsibility or liability for the content and function as well as the behavior of the maintainers of these sites.
(5) These terms and conditions have been compiled and verified (in their Spanish edition) according to the following Spanish laws: law 34/2002 „de servicios de la sociedad de la información y comercio electrónico“, with the modifications in 56/2007, 28th of December „Medidas de Impulso de la Sociedad de la Información“, 2/2011, 4th of March „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“.
§9 Severance clause
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
Palma de Mallorca, 3rd of June, 2014
Coupon Mallorca S.L.U.
Gran Vía Puig des Castellet num. 1, bloque 1, 1º
07180 Santa Ponça
Balearic Islands / Spain
Phone ES: +34 871 575 674
Phone DE: +49 89 2155 50840
Fax: +49 89 2155 50849
Tax ID: ES B 57700635
Registro Mercantil de Palma de Mallorca, 1/224/2.366
Authorized to represent: Activity Internet GmbH, district court Munich, Germany, HRB 198015, directors Andrea Högner & Roland Jäger