First Published: June 6, 2020 | Last Updated: January 23, 2023 | Author: Jan Daniel

Terms and Conditions


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I. PURPOSE

These Terms and Conditions are set by Jan Daniel with Nif : X7466794M, called Bananapalmbay forwards , in order to determine the criteria and conditions of use of the Website portal: www.bananapalmbay.com.

The Usage of the website, confers you the status of user, so when browsing, you accept the terms and conditions that are set in this document, as published at the time version that accesses the same. Legal terms are mandatory and binding; anyone who does not accept , is not allowed to access our services, and in some cases the access to some content will be limited.

Bananapalmbay reserves the right to modify at any time the terms and conditions, as well as the performing visual changes and / or technical portal without requiring user consent. If there are substantial changes concerning the user, Bananapalmbay will communicate this changes clearly and accurately in advance.

Holder Data
According to the Spanish Law of Services of the Information Society and Trade Electronic Commerce Services Act 34/2002 , we provide the details of the owner of the web portal:

Jan Daniel , CIF X7466794M , with residence in Paradise Court urbanization apt . 52D , CP . 38660 – Adeje , Santa Cruz de Tenerife. ( Spain ) .
Bananapalmbay has all the necessary permits and licenses for the exercise of the activity of tourism intermediation. Code I- tourism intermediation 0002885.1 . We also have available customer complaint forms .

II. SERVICES: Features, hiring and booking conditions.

Bananapalmbay is a web site that has been created in order to offer the user a wide range of tourist and cultural offer of the island of Tenerife.

We give you the opportunity to buy or reserve in advance various leisure activities . These have been carefully selected from among the existing supply, while ensuring that our suppliers have permits and insurance necessary for the exercise of their activity.

In this sense the providers of activities are liable for any incidents or damages that may occur as a result of usage of the service by their users. Also they undertake to be accurate and consistent with the information provided. Bananapalmbay may receive, in name of the PROVIDER, claims that the purchasers of the products made on the quality or defects of there services and products. While the responsibility for service provision will be exclusively the SUPPLIER/PROVIDER responsibility exempting Bananapalmbay harmless for damages, whatever, arising directly or indirectly from the provision of services.

To access our website do not need to register. However, there are forms at the time of purchase, book or comment that requires a minimum of data to manage to execute the action..

HIRING : Buy and booking events and activities.

Each of the activities has a basic overview, which has been created for the user to know all the specific details before purchase Also, you must accept our Legal Terms and Conditions prior to the purchase or reservation process .

Bananapalmbay will be never responsible for irregularities in the descriptions of the activities and / or events. The PROVIDER/SUPPLIERS of the activities , are committed to be accurate and consistent with their opinions, avoiding possible fraudulent deals and fighting for the welfare and comfort of the user.

The acquisition and / or reserve your tickets and tickets is so simple as to:

Choose the activity or event you want.
Accept terms and conditions of service.
Enter your contact details
Choose the payment method

Confirm your booking.

Before we will charge you a payment, you will receive an email confirming you the booking from EMAILONLYWITHJAVASCRIPT. Afterwards you will receive your ticket for the excursions/activity from EMAILONLYWITHJAVASCRIPT. We will charge your credit card which details you left in the moment of booking with an amount of deposit to guarantee the booking. We will charge you the deposit before we send you the tickets. You will need to pay the difference between the total price and the deposit you already paid to the provider of the activity/excursion at the moment of realising the activity/excursion. That amount will be indicated as “amount due” on your Tickets.
You must present your ticket or booking voucher to the provider of the service to access your activity entrance excursion or contracted service. Sometimes to prevent fraud , the provider may request identification . Your booking voucher (ticket) is sended after the confirmation email within 16 hours to the indicated email address. That is the email address you indicated us at the time of booking.

Payment

In Bananapalmbay , we have made available Stripe and Paypal(more info in www.stripe.com)  for payments. It emphasizes safety and confidentiality of user data. Accepts Credit Card and/or Debit card.

Cancellations, changes or modifications

Because the features of some of the activities, sometimes delaying them will be necessary because adverse weather conditions or other unpredictable external reasons that may affect the safety of the customer. In such cases it is possible that the date and time change unannounced. When this happens, the supplier – producer of the activity will contact the user to agree on a new date and time of completion of the activity.

SHOPPING

Abandonment
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Cancellation policy

In general this cancellation policy will be applied:

• A cancellation fee of 100% applies for all cancellations, the deposit paid to Bananapalmbay.com is not refundable in any case.

In case of bad weather conditions which will not allow us to realize the activity in a secure way, any amount of deposit previously paid will not be refundable but we will offer you an alternative date to realize the activity. The alternative date to realize the activity will be agreed with you. The alternative date has to be within the time period of the next 350 following days.

Tickets for theme parks , event , attraction, theater, spectacle or gift certificate can not be canceled , or modified . Notice that their will be no refund in any case.

Changes or modifications Cart

Changes or modifications to your purchases will be subject to their availability. Requests for change of date, time and / or activity shall be notified by writing us, as soon as possible to the following address: EMAILONLYWITHJAVASCRIPT. There is no guarantee to change successfully the booked excursion/activity.

BOOKING

Booking Cancellation policy

In general this cancellation policy will be applied:

• A cancellation fee of 100% applies for all cancellations, the deposit paid to Bananapalmbay.com is not refundable in any case.

In case of bad weather conditions which will not allow us to realize the activity in a secure way, any amount of deposit previously paid will not be refundable but we will offer you an alternative date to realize the activity. The alternative date to realize the activity will be agreed with you. The alternative date has to be within the time period of the next 350 following days.

III. PROTECTION OF PERSONAL DATA

In compliance with the Spanish Organic Law 15/ 99 on the Protection of Personal Data, we inform you that the data you enter in any of our forms will be stored in files which holds Bananapalmbay. Their data will be collected and processed for the following purposes: a) Manage your reservations and purchases, b ) Hear and resolve requests to send us inquiry , c ) inform you of offers and promotions on our website via email.

In those forms in which a free text field is included, you should not enter any personal data rated as High Level (Health, ideology, beliefs, trade union membership, religion, race and / or sex life) Please refrain from sending comments that may include such information.

Bananapalmbay is a tourist intermediary after your purchase we will give your contact information to the director of the event and / or activity that you contracted .

You may withdraw consent at any previous time.

You can exercise your rights of access , rectification , cancellation and opposition, by written communication , attaching a document used to prove the identity of the person concerned , at the following address : Paradise Court apt complex . 52D , San Eugenio Alto, CP . 38660 , Adeje – Santa Cruz de Tenerife or e EMAILONLYWITHJAVASCRIPT

IV. POLICY LINKS

Bananapalmbay is only responsible for the information, data, and stored on their servers and present on the website www.bananapalmbay.com images. Thus indicates that external files that may be made available to users are not Bananapalmbay´s responsibility.

If at any time Bananapalmbay will put a link , it will be for the sole purpose of giving more information to its users, and / or giving clear evidence of its commitment to the on- line secure trade and compliance with standards of quality tourism and ecommerce .

V. COOKIES POLICY

In compliance with the provisions of art. 22.2 of Law 34 /2002 on the Information Society (LSSI ) , we inform you that from Bananapalmbay for proper navigation and use of this site it requires the installation of technical and analytical cookies.

You can choose to consent or not to the installation of cookies , if you do not agree , browsing the page can not be correct, causing problems at the time of purchase on- line , on record anywhere and / or viewing of multimedia content .

What are Cookies?

Cookies are small text files that store user information and which stores on your own device either PC , tablet or mobile .

Who issues the cookies and for what?

Cookies are issued by a website in order to improve the user’s browsing experience , as well as for analysis anonymously of their actions within the web . Cookies allow the website that issued the cookies the recall elections and user navigation features .

What types of cookies are there?

Cookies can be categorized according to 3 criteria:

Entity that manages the cookies: If they own cookies or third parties.
Time cookies remaining active : session or persistent cookies .
According to its purpose.
Technique Cookies.
Customization Cookies.
Analysis Cookies.
Advertising Cookies.
Behavioral advertising Cookies
How do I manage the cookies of my devices ?

You choose whether to accept cookies from being installed on their devices or not. You can choose the direct blocking of the installation of the cookies from your browser , and you can also choose to install one and deleting others.

How to configure your cookies depends on your browser:

Microsoft internet Explorer: View / Internet Options / Privacy menu.

Mozilla Firefox : Tools / Options / Privacy / custom history settings / choose to use the cookies you want.

Chrome: Settings / Options / Content Settings / Cookies / Choose whether you want or not the local data storage.

Safari: Preferences / Privacy / block cookies (or not)

These settings may not be available on mobile devices such as smartphones or tables .

If you use another browser other than the above , check your policy installation, about use and block of cookies.

Bananapalmbay and Google Analytics

In order to improve the services we provide / supply of our products, we use the web analytics service Gloogle Inc. : Google analytics , which allows us to track ANONYMOUS actions of users on our website .

The cookies that are installed when you use google analytics service are:

COOKIE                           TIME INFORMATION WHICH IT PROVIDES US
2 years _utma lets us know what browser they use and so users can optimize our website for those browsers .
_utmb 30 minutes Identifies unique users for statistical purposes , so we know how many real visits has our web .
_utmc expires at the end of the session allows to identify unique users for statistical purposes , so we know how many visits has the actual web

Google , Inc. has its servers in the United States, but is found attached to the agreement of Puerto Seguro ( Safe Harbor) by ensuring compliance with basic standards of data protection and information security in accordance with European regulations . In the following link you can find everything related to the privacy policy and cookies of google analytics
http://www.google.es/intl/es/analytics/privacyoverview.html

If you do not want to be tracked by cookies Google Analytics, you can download the add-on created by google for this:

https://tools.google.com/dlpage/gaoptout?hl=es

 

Bananapalmbay and Clicky.com

The website uses cookies from clicky.com. Here is a explanation of which types of cookies we use.

There are up to ten (10) unique “first party” cookies and one (1) “third party” cookie that the Service will install on a web browser when a visitor views a site with the tracking code (“Code”) installed.

“First party” cookies are created by the Code and hence are tied to your web site domain. “Third party” cookies are set via HTTP headers by our tracking servers and are tied to our tracking domain(s).

Most cookies can be disabled, as explained at the bottom of this section.

Note: “[site_id]” below represents the unique numeric ID that every registered site is assigned on Clicky. It will always be a number, such as “123”.

  • _jsuid: This is a random number that is generated by the Code the first time someone visits a web site with the Code installed. Its sole purpose is to better identify new and unique visitors to a web site. The value of this cookie is sent to the Service for every event logged. The value of this cookie will also be set as a third party cookie with the name of “cluid” if such a cookie does not exist. The purpose of this is for web sites with multiple domains and who want to track visitor sessions across multiple domains, which is not possible with first party cookies. These cookies expire after 20 years.

 

  • _eventqueue: This cookie stores an array of mouse events that can’t be guaranteed to be logged to our servers before the current page is unloaded. The purpose is to store these events in a queue so on the subsequent page view, these events can be processed and logged. This is a session cookie so it will expire when the visitor leaves your web site.

 

  • _custom_data_[key]: This cookie only gets set if you are using our custom data tracking feature. Whenever you set custom data for a session, we put it in a cookie so every time that visitor comes back to your site in the future, the same data will get attached to their new session, even if they don’t login or follow whatever processed was used to originally declare these variables. Note: Each piece of data you attach has a ‘key’ and a ‘value’, so each unique key will be its own cookie. For example, _custom_data_email or _custom_data_username. This cookie can be disabled by setting thesticky_data_disable tracking option.

 

  • _referrer_og: This cookie stores the external referrer for a visitor, so that on future visits the same referrer will be attached to their sessions. This cookie expires after 90 days but will be set again or updated on future visits if they arrive at your site from a link on another site, whether or not it’s the same referrer. When this cookie is updated, the expiration date is reset to 90 days from the time of the new visit. This cookie can be disabled by setting the sticky_data_disable tracking option.

 

  • _utm_og: This cookie stores dynamic (UTM) campaign variables, so that on future visits the same campaign data will be attached to their sessions. This cookie expires after 90 days but will be set again or updated on future visits if they arrive at your site with campaign data in the URL. When this cookie is updated, the expiration date is reset to 90 days from the time of the new visit. This cookie can be disabled by setting the sticky_data_disabletracking option.

 

  • _first_pageview: This cookie is set on the first page view of a session. It is used to make our tracking code more efficient, so certain processes are only run on a visitor’s initial page view. It expires after 10 minutes.

 

  • heatmaps_g2g_[site_id]: This cookie tells our tracking code to log data about where a visitor is clicking on a site to send back to our servers and later used to generate a heatmap report of clicks on that page. If you disable cookies, heatmap data cannot be logged. This is a session cookie so it will expire when the visitor leaves your web site.

 

  • unpoco_[site_id]: The Code sends “pings” when a visitor sits on a single page. This allows the Service to more accurately track “time on site” values. Because this feature uses a lot of extra bandwidth, it requires a paid account. For non-paid accounts, this cookie is set to tell the Code not to send these pings. This cookie expires after 24 hours but will be set again upon future visits by the same visitor.

 

  • no_tracky_[site_id]: When a site stops using the Service, it is quite common for the web master to leave the code installed, which is against the Terms of service. For high traffic sites, this can use a lot of extra bandwidth and CPU resources on our servers. This cookie is set whenever data is sent in for a site that is disabled. It tells our tracking code to stop sending data to us. This cookie expires after 24 hours but will be set again upon future visits by the same visitor, until the Code is removed from the offending web site.

 

  • clicky_olark: This cookie gets set if you are using Olark chat in combination with Clicky. It contains Olark’s unique ID information for the visitor. This cookie is sent to the Service, which is needed in order to initiate the chat process within Spy. This is a session cookie so it will expire when the visitor leaves your website.

 

Cookies can be disabled by the following the instructions at http://clicky.com/help/custom#cookies_disable.

Also , you must keep in mind that third party cookies will be installed to all visitors of the following platforms where Bananapalmbay has a page and / or a Company Profile :

Facebook : Cookies, pixels and other similar technologies https://www.facebook.com/help/cookies
Twitter: Policy Privacy & cookies https://twitter.com/privacy
Google+:
http://www.google.com/intl/es/policies/technologies/cookies/
Linkedin:
http://www.linkedin.com/legal/cookie_policy
VI. USER OBLIGATIONS

By accessing and using this website , you are accepting the terms and conditions appearing in the time of access , as well as which are present on time when you subscribe to our newsletter..

The user is responsible for supplying true data when writing a testimony, in addition to the date which is provided on the time of purchase of our services and activities.

The user must keep us updated with their personal information , if any modifications and / or changes to them are generated. If there is any change and it is necessary to inform us about this event , you must notify us by mail soon as possible. (recommended by email) to EMAILONLYWITHJAVASCRIPT

VII. EXCLUSION OF RESPONSIBILITY

Bananapalmbay may terminate your access of use of the portal Bananapalmbay.com users and the provision of services at any time and without notice , if required for technical reasons , control and audit , maintenance, security and / or failure force majeure and / or escaping from Bananapalmbay control. Notwithstanding the provisions of Article 1105 of the Civil Code , shall be deemed included in the concept of force majeure , in addition , for the purposes of this legal notice , all those events beyond the control of Banana Palm Bay , such as failure of third parties , utilities , acts of government , lack of access to third-party networks , acts or omissions by public authorities , those produced as a result of natural disasters , power outages , etc. and specialized third attack on the security or integrity of the system whenever Bananapalmbay adopted reasonable security measures in accordance with the specifications used by the attacker. Bananapalmbay not be liable for any damages and / or inconvenience generated by any of the above events.

Bananapalmbay , has established and implemented the necessary technical and organizational measures to ensure the security of their personal data and avoid its alteration , loss, treatment and / or unauthorized access , given the state of technology, the nature of data stored and the risks they are exposed, whether from human action or the physical or natural environment. All in accordance with the provisions of Article 9 LOPD and the Royal Decree 1720/ 07 of 21 December, Regulation Development of the Organic Law of Protection of Personal Data was adopted.

VIII. Privacy Policy

  • Third party vendors, including Google, use cookies to serve ads based on a user’s previous visits to your website or other websites.
  • Google’s use of advertising cookies enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.
  • Users may opt out of personalised advertising by visiting Ads Settings.

IX. APPLICABLE LAW AND JURISDICTION

Apply the rules of Spanish law . In case of dispute between the parties, both expressly waiving their own jurisdiction are subject to the jurisdiction of the Courts of Arona, Santa Cruz of Tenerife, Spain.