General Terms and Conditions
These General Terms and Conditions are subdivided into:
II. General Terms and Conditions of Diving Valencia (intermediary)
III. General Terms and Conditions of the Supplier of tours and other tourist services (referred company)
Within the scope of an intermediary service, Diving Valencia shall provide the visitors and Suppliers of tours or tourist services with this booking Platform.
Furthermore, Diving Valencia shall also provide this booking Platform to certain cooperating partners (sub-agent/ distribution partner) for the booking of the Supplier’s
tourist services. The use of this Platform by sub-agents or distribution partner requires a separate contractual agreement and is not permitted without the prior written
authorization of Diving Valencia.
Contracts for tourist services are to be concluded directly between the users of this booking Platform and the Suppliers of tours or other tourist services. If users book
services via a linked partner Platform or if a sub-intermediary makes a booking on behalf of a user of a connected partner Platform, a corresponding contract shall be
concluded directly between this user and the Supplier. Diving Valencia is not a contract party with regards to the tourist services offered on this booking Platform.
1. Who operates this website?
This website (including sub-sites and including text, images, videos, software, products, services and other information contained in or presented on the website; all
together the “Website”) is provided by Diving Valencia, Spain. You can contact us by phone using this number:
Spain: +34 601 310 154
Bookings through the Platform are subject to the General Terms and Conditions of Diving Valencia as well as the General Terms and Conditions of the Supplier of tours and
3. No offer
The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with
suppliers of activities available on the Website require a booking request through the Diving Valencia Platform and the supplier’s acceptance of the booking request
according to the General Terms and Conditions of Diving Valencia.
4. No warranty
While Diving Valencia tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to
its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). Diving Valencia
may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change,
and without removing outdated information or characterizing it as such. Diving Valencia may also block Users from accessing the Website or parts of it, or requires certain
conditions to be fulfilled for such access. Diving Valencia does not provide any warranties, express or implied, in relation to the availability of the Website or its
functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover,
Diving Valencia does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.
5. Limitation of liability
Diving Valencia excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution
partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website,
whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by
applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on
product liability regulation.
6. Third party content, links to other websites
Diving Valencia does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such
activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. Diving Valencia does not
recommend or endorse such content, and will not have any liability relating to it. Where Diving Valencia links to third party websites, you use such websites at your own
risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have
illicit content on the Website, please contact us on +34 601 310 154.
7. Intellectual property rights
As between you and Diving Valencia, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through
unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the
Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it
perceptible in any other way without our prior written consent.
such amendments means you consent to the amendment.
II. General Terms and Conditions of Diving Valencia (intermediary)
1.1 Diving Valencia Y3025733M, Valencia, Spain 46023 runs an intermediary Platform for tourist offers in the form of an online offer via the internet (hereinafter jointly
referred to as the “Diving Valencia Platform”). On the Diving Valencia Platform users have the chance to find and book scuba diving tours and courses. The offers are
placed online by a range of local Suppliers around the Valencia, Spain (hereinafter referred to as “Suppliers”) with whom the respective contract for tourist services is
concluded (“service agreement”). The Suppliers’ services can be accessed via the Diving Valencia Platform and bookings can be made.
1.2 Diving Valencia approaches both, consumers and companies. For the purposes of these General Terms and Conditions, the following applies:
a. A “consumer” is any individual person who has concluded a contract for purposes which cannot be predominantly assigned to commercial or independent work activities.
b. A “company” is a natural person or legal entity, or a partnership, which is performing its commercial or independent activities by concluding this contract.
c. The “user” denotes a natural person, unless this person has been explicitly registered with Diving Valencia as a legal entity. The actions and omissions that take place
during the registration of a legal entity are allocated to a natural individual, unless they are carried out within the framework of their power of attorney for the legal
entity. The “user” subsequently also includes users referred by sub-agent or distribution partners.
2. Subject matter of part II of these General Terms and Conditions
These General Terms and Conditions apply to any use of the Diving Valencia Platform, such as via the internet or phone. The contractual relationship between the user and
Diving Valencia generally only comprises the proper referral of users to the respective Supplier, or the transfer of data via users who are provided by a sub-agent. Diving
Valencia does not appear itself as the organizer, lessor, seller or other contract partner with regards to the tourist service agreement with the user. Consequently, part
II of the General Terms and Conditions of Diving Valencia shall apply to offers on the Diving Valencia Platform and the provision of users to the Supplier. Part II of the
General Terms and Conditions applies to the use of Diving Valencia Platform by cooperating partners (sub-agents or distribution partners), subject to special contractual
agreements concluded with the respective cooperating partner. The contractual conditions of the Supplier, as per part III of these General Terms and Conditions, apply to
the respective tourist service agreement between the user and the Supplier.
3.1 The use of Diving Valencia Platform’s offer can generally be done anonymously.
3.2 Certain types of use of Diving Valencia Platform, such as the making of bookings, require registration. During registration, the user sends an electronic registration
form and consents to the General Terms and Conditions.
4. Services of Diving Valencia Conclusion of contract
4.1 Once the user has entered his/her desired service on the Diving Valencia Platform (e.g. diving destination, type of tour, start time, number of participants & price
options), Diving Valencia shall show the user the information about the Suppliers’ services (“service information“). Based on this information, the user can, where
applicable after checking availability, make a contractual offer, by placing an offer, to be sent to the respective Supplier, whereby the sub-intermediates act on behalf
of the referred user. This happens, after the selection and transfer to the shopping basket, by clicking on the button “confirm and book”.
4.2 The user is bound to his/her binding offer for five working days. For more information see Section 5 of the General Terms and Conditions of the Supplier of tours and
other tourist services in Part III.
4.3 Diving Valencia shall notify the user of the conditions of transport and business of the Supplier for their contractual relationship with the user and for their
services. They can be found in the respective tenders. The user is responsible for meeting and complying with these conditions. The Supplier reserves the right to not
allow the user to undertake an action, or to exclude it, if they do not meet the conditions. In this case the paid price shall not be refunded.
4.4 Diving Valencia shall provide the user with a booking confirmation issued in the name of, and on behalf of Diving Valencia, as well as a payment confirmation. The use
of the Diving Valencia Platform itself is essentially free of charge for the user. The costs for the technical access to the Diving Valencia Platform (e.g. internet
access) are to be borne by the user. Diving Valencia is permitted to collect the invoiced amounts in the name of, and behalf of the Supplier.
4.5 Diving Valencia shall forward the user any data for the use of a Supplier’s service according to the applicable conditions (such as ticket data), once they have been
received by the Supplier.
4.6 Diving Valencia assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Supplier, as all the information indicated and
forwarded is based on data from Suppliers or third parties, which Diving Valencia cannot check in detail.
5. Payments on Diving Valencia
5.1 The service agreement concluded with the Supplier shall apply to the fees to be paid by the user for the services of the Supplier.
5.2 Diving Valencia is permitted to collect the invoiced amounts in the name of and on behalf of the Supplier, provided nothing else has been explicitly stated in the
Supplier’s invoice. If claims have to be paid by the user in a different currency than its national currency (claims for payment in foreign currencies), Diving Valencia
can demand payment in the national currency of the user and the foreign currency claim can be converted based on the current exchange rate at the time the contract is
concluded. Diving Valencia can charge the user a suitable conversion charge for this.
5.3 The contact partner, and contract partner, of the user in connection with the service agreement and its payment, is the respective Supplier. The user can only assert
the repayment of a payment to the respective Supplier. A refund granted by the Supplier can also be processed by the Supplier via Diving Valencia. To simplify the process
for the user, communication via Diving Valencia Platform is recommended.
5.4 To use the payment functions of Diving Valencia, the user has to register. The user has to enter correct payment information and update the details immediately in the
event of changes. Diving Valencia can reject the payment method specified by the user. The user will be notified of the payment methods permitted for the respective
service during the order process.
5.5 Upon the authorization of the payment, the user consents to his/her payment information being used for the collection of payments by the creditor. Diving Valencia
reserves the right to make the use of the payment function of Diving Valencia dependent on a check of the credit rating of the user.
6. Pricing of Diving Valencia
6.1 All prices on Diving Valencia are quoted per person and include VAT and all other taxes. Local taxes may be charged on site.
6.2 These prices specified by the Suppliers may be subjected to special conditions, for example with regards to cancellation and the refunding of payments made. Before
making the booking, please check precisely whether the respective service agreement is subject to separate conditions.
7. Duties and obligations of the user
7.1 After receiving the service information, the user can send any orders to Diving Valencia for forwarding to the Supplier.
7.2 The user shall exempt Diving Valencia from third-party claims based on his/her use of the Diving Valencia Platform, unless they are the fault of Diving Valencia.
8. Availability and warranty
8.1 There is no claim for availability, quality or service features, or technical support for the Diving Valencia Platform. Diving Valencia can redesign, reduce or suspend
their online portal Diving Valencia at any time, at its discretion. Existing agreements of the user with a Supplier, as well as the execution of these agreements, remain
unaffected by these changes.
8.2 Diving Valencia makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Suppliers).
8.3 Diving Valencia makes no guarantee or warranty for the services provided by the Suppliers. The contact partner of the user in the event of questions and claims in
connection with a service agreement and its execution is the respective Supplier.
8.4 Provided Diving Valencia does not have any obligation to the user, Diving Valencia also provides no guarantee.
9. Liability of Diving Valencia
9.1 If Diving Valencia has not assumed a corresponding contractual obligation by means of an explicit agreement with the user, it is not liable for the realization of
corresponding agreements with Suppliers in line with the booking request of the user.
9.2 Without explicit agreement or an assurance of this kind, Diving Valencia is not liable for defects in the performance of the service and personal or material damage or
injury of the the user in connection with the diving service provided, concerning the services provided.
9.3 Any liability of Diving Valencia due to the culpable violation of obligations in the brokering of contracts remains unaffected by the aforementioned conditions.
9.4 Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on the product
10. Data protection
10.1 Diving Valencia collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual
conditions for Diving Valencia between the user and Diving Valencia.
10.2 If Diving Valencia is involved in the communication for a service agreement between the user and the respective Supplier, it shall transfer the data required for this
agreement to the respective Supplier. This Supplier processes and uses the data to initiate, conclude and execute the contract on its own responsibility.
11. Changes to these General Terms and Conditions
11.1 Diving Valencia reserves the right to change these General Terms and Conditions at any time and without stating the reasons. Diving Valencia will only make changes
affecting the user, which the user must agree to in consideration of mutual interests. This concerns, for example, cases where the equivalence principle has been
disturbed, as well as loopholes and changes in legislation. The amended conditions will be sent to the users by e-mail at the latest two weeks before they come into
effect. If a user does not reject the validity of the new General Terms and Conditions within two weeks of the receipt of the e-mail, the amended General Terms and
Conditions are deemed to have been accepted. Diving Valencia will notify the user, in the e-mail containing the amended conditions, of the importance of this two-week
11.2 These Terms and Conditions can be amended at any time and without notice for future intermediation of contracts with Supplier. The respective conditions valid for
each individual contract conclusion shall apply.
12. Other provisions
12.1 These General Terms and Conditions represent the whole agreement between Diving Valencia and the user. No additional agreements exist.
12.2 If provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the rest of the provisions.
III. General Terms and Conditions of the Supplier of tours and other tourist services
Part III of these General Terms and Conditions applies to all contracts concluded between the Suppliers and the users via the Diving Valencia Platform. This also applies,
if access to the Diving Valencia Platform is provided via a cooperating partner (sub- agent, distribution partner).
2. Truthful details
The details transferred via the Diving Valencia Platform must be truthful. The Supplier reserves the right to withdraw from the contract or to exclude users from
participating in the service and to demand compensation amounting to the cancellation costs as per Section 11 of part III of the General Terms and Conditions of Supplier
of tours and other tourist services, if defective details are provided by the user.
3. Arrival at meeting point and compliance with conditions
You are responsible for arriving on time at the notified meeting point. If you are travelling to an activity from abroad, you are responsible for having the necessary
travel documents (passport etc.), and for observing the health regulations etc.
4. Additional terms and conditions
If Supplier includes in addition to these General Terms and Conditions of Supplier of tours and other tourist services of Part III further participation or transport or
other terms in a contract with you, you are responsible for observing these additional terms. The Supplier reserves the right to exclude participants from the activity if
they do not meet these conditions.
5. Binding nature of the request
The contract between you or the user you have referred, and the Supplier comes into effect upon the acceptance of your binding request by the Supplier. When you book a
tour or another activity, you make the Supplier a binding offer which you, or the user you have referred, are bound to for five working days. If the Supplier accepts your
offer within this period of time, the contract comes into binding effect. You, or the user referred by you, receives notification of this by e-mail.
The agreed total price for the service we have provided is due upon the conclusion of the contract.
7. Self-responsibility for insurance
Sometimes the price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on
the activity booked.
8. Unpaid services
If you or the user you have referred do not pay for the booked service according to the agreed due date of payment, although the Supplier is prepared, and able, to perform
the contractual service and there is no legal or contractual right of retention for you or the user you have provided, the Supplier is permitted to withdraw from the
contract and charge you, or the user you have referred, for the withdrawal costs as per point 11.
9. Exchange of messages
In the interest of quick processing, it is recommended to exclusively use the forms provided by Diving Valencia.
10. Cancellation guidelines
10.1 If you reject (cancel) the activity, the cancellation conditions stated in the product description as well as on your voucher apply. Diving Valencia advises the user
to carefully read the information in the product description.
10.2 Provided there are no deviating cancellation conditions in the product description of your Supplier, the following cancellation fees will be charged by the Supplier
of the tourist services:
a. Up to 72 hours before the start of the activity: full refund
b. Less than 72 hours before the start of the activity or in the event of a no-show: no refund
10.3 You, or the user you have referred, are free to prove to the Supplier that they have not incurred any damage, or substantially less damage than the fee charged by the
10.4 The Supplier reserves the right to request higher, specific compensation instead of the aforementioned flat-rate fees, if the Supplier can prove that it has incurred
much higher expenses than the respectively applicable flat-rate fee. In this case the Supplier is obliged to provide specific figures and evidence of the compensation
requested, taking into account the saved expenses and any other use of the services.
10.5 The refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount shall be credited at the end of the current
invoicing period. The exact time of the refund depends on the user’s credit card agreement. The refund by bank transfer shall be done within seven bank working days.
11. Extraordinary cancellation
The Supplier can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or
unavoidable external conditions (in particular force majeure) make the execution of the activity impossible, make it considerably more difficult or endanger it. In this
case the paid price is refunded.
12. Exclusion of participation
The Supplier is permitted not to allow you to join an activity, or to exclude you from one, if you do not meet the personal participation requirements, your participation
would endanger you or someone else or in any other way make the activity impossible in the long-term. This applies accordingly to a user you have referred. In these cases,
the paid price cannot be refunded.
13. Changes to the program
Furthermore, the Supplier reserves the right to make non-essential changes to the program, if this is necessary due to unforeseeable or unavoidable conditions.
14. Further conditions
Further conditions or deviating conditions can be found in the respective tenders.
15. Time zone
For calculations of the time and deadlines, the time zone of the Supplier is authoritative.
16. Liability of the Supplier of the tour or the tourism service
The Supplier is liable in accordance with the applicable law for its services, whereby the liability, if permitted according to the applicable law, is excluded.
17. Change to these General Terms and Conditions
These Terms and Conditions of the Supplier of tours and other tourist services of Part III can be amended at any time and without notice for future bookings. The
respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on the existing conditions.