Effective 11 of April 2019.
Yassus S.L., with registered office on c/Milan 16, CP 35100 Playa del Inglés, Las Palmas de Gran Canaria, Spain with CIF B35847771 , registered in the Mercantile Registry of Gran Canaria, Volume 1747, folio 150 sheet GC-34415 later referred as Clickatour operates this booking platform accessible via the www.clicatour.com and other related websites, affiliate and partner websites, applications, other tools and platforms or other facilities later referred as Platform. The Platform allows registered in the Platform entities like excursion operators, activity organizers and other ticket suppliers later referred as Providers to offer excursions, tours, activities, and other services later referred as Services to end customers later referred as Customers and to make contracts directly with Customers for such services. In addition to Customers, our commercial agents may also access the Platform to book Services from Providers.
Clickatour provides the Platform only to allow Providers to offer and to directly sell their own Services to Customers. Clickatour acts as a commercial agent authorized and appointed by the Provider. Clickatour by an intermediary agreement with a Customer, will expedite the purchase of Services from the Provider by that Customer. However, in no event Clickatour will be deemed a party to any agreement through which a Customer purchases Services from the Provider.
1. Scope of Application of these Terms and Conditions
These terms and conditions later referred as Contract or Conditions sets up the relationship between the Provider and Clickatour only. The relationship between Customers and the Provider is not ruled by this Contract, but by the individual agreement entered into between the Customer and the Provider. The default agreement between Customers and Providers is the General Terms and Conditions which can be accessed at https://doc.clicatour.com/en/general-terms-conditions/. If the Provider wants to provide Services to the Customers following other rules than stated in General Terms and Conditions, the Provider have to directly provide these terms to the Customer. The relationship between Clickatour and Customers is ruled by Clickatour’s General Terms & Conditions. The relationship between Clickatour and its agents is governed by separate agreements.
2. Registration of the Provider
2.1 By registering in the Platform, the Provider is entitled to offer his Services through the Platform. During the registration process in the Platform, the Provider accepts the Terms and Conditions by clicking the “I agree” button. The Provider therefore agrees that he has read, understood, and agrees to be bound by the Terms and Conditions and that he represents and warrants that the individual entering into this Contract on the Provider’s behalf is legitimately authorized and empowered.
2.2 Clickatour is not responsible for verifying the identity, authenticity, or credentials of the individual person entering into this Contract.
2.3 However Clickatour is not obliged to verify the Provider, it reserves the right to verify the Provider during the registration process or anytime it seems appropriate, demanding from the Provider legal documentation like a Company Registration Documentation, Bank Account Ownership Certificate, Insurance Documentation, and others.
2.4 The Provider will offer and provide his Services according to the relevant tax regulations of the applicable Value Added Tax Act and the practices and requests of the tax authorities. The Provider will enter into the relevant contract with Customers in the conduct of his business or professional activity. The Provider is solely and fully responsible for meeting his tax and other legal obligations arising from the sale and incomes generated by using this Platform.
2.5 Clickatour have right to hold the Provider’s account inactive in case of any doubts, any time, and as long as it finds necessary.
3. The Service provided by Clickatour
3.1 The Provider authorizes Clickatour, directly and indirectly using agents, to (1) offer Services to Customers on Provider’s behalf, (2) make contracts with Customers in the name of and on behalf of the Provider, (3) collect payments from Customers for the Services. The Provider further authorizes Clickatour’s third party payment service provider further referred as Payment Service Provider and any other third party authorized by Clickatour to process data required to the transfer of funds from and to Provider’s payment instruments or accounts or others required to operate the Platform.
3.2 Clickatour simplify the process of the sale of Services between Customers and Providers through the Platform contributing to increase the Provider’s incomes. Through the Platform Clickatour promotes the Provider’s Services and encourage Customers to place orders with the Providers.
3.3 To ensure the quality of the offers and the customer service of the Providers, Clickatour has right to appoint so-called “mystery shoppers” who are entitled to book any of the Provider’s services up to 3 (three) times over the course of 1 (one) year. Mystery shoppers may only reveal the fact that they functioned as a mystery shopper after the booking has been finalized. In these cases of finalized bookings of mystery shoppers, the Provider is obligated to pay back any booking fees to Clickatour. Clickatour will provide the Provider with detailed feedback on the findings after the test booking.
4. Provider’s obligations
4.1 The Provider guarantees and warrants that all information regarding his offer will be true, accurate, and not always misleading. The Provider will update the information as often as required to guarantee the accuracy of the information provided. The Provider may be held liable for all, or any Customer’s claims based on inaccuracies of the information displayed on the Platform. The Providers are responsible for the accuracy of the information in the language version as submitted in their Provider’s Account. Furthermore, the Provider is expected to be aware of any inaccuracy in another language version of the Platform and it this case the Provider must inform Clickatour immediately about the inaccuracy.
4.2 The Provider guarantees and warrants that all his Services will be only provided in compliance with all applicable laws, with the laws of the country of the Provider’s residence and in compliance with all applicable laws of the country the Services are provided and without violation of any rights of third parties. The Provider warrants in particular (1) to comply with any consumer protection and other protection, information and consultation duties and regulations, (2) to hold all administrative permissions, licenses and insurances and any other required permissions, as well as any other needed in the jurisdiction of the respective country where the Provider is registered and where his Services are provided to fulfil of the contractual obligations. The Provider is also obliged to instruct its partners involved in providing the Service in consonance with these terms and conditions accordingly. Upon request, the Provider must provide evidence and documentation, including copies of required permits and licenses. In the event of alleged non-compliance of the Services provided by the Provider he will without unjustified delay cooperate, at his own expense, with any authorities or competition/consumer protection associations.
4.3 The Provider guarantees and warrants that he will provide Customers with all necessary information the Service (e.g., time, conditions, meeting point, clothing, required equipment, etc.) in advance. The Provider is required to visit the Provider’s Panel in the Platform and to check the e-mails stated in the Provider’s Account as often as required to be aware of new bookings and Customer’s requests.
4.4 The Provider is responsible for the inclusion of his individual terms and conditions if they are necessary for the contract between the Customer and the Provider.
4.5 The Provider guarantees and warrants that all employed persons (like guides, instructors, and any others) possess the valid and not-expired legal permissions and meet all necessary requirements, including professional qualifications and allowances. The Provides is fully responsible for the conduct of these employed persons regarding the Customers or other persons who legitimately use the Services.
4.6 The Provider may only offer his own Service via the Platform. The Provider is not allowed to offer Services as an intermediary or an agent. If the Provider acts as intermediary or agent anyway, he will be treated as contracting party and will be held liable for any respective damages.
4.7 The Provider must be prepared to provide the offered Service and have any needed measures to realize it. It is not allowed to place fake Services in the Platform.
4.8 The prices, availability, amenities, and conditions of the Service which are available on the Platform must be equal or better than what is available through the Provider’s own sell channels or any Provider’s third-party channels. Customers who book a Service through the Platform must be treated as well as other Provider’s Customers.
4.9 The Provider is obliged to contract a comprehensive general liability insurance which ensures all Services that are offered through the Platform. It is obligatory to agree upon an insurance sum that is appropriate for the given booking volumes and risk. The general liability insurance also needs to cover potential regress claims of Clickatour. Specifications concerning the general liability insurance must be documented electronically and uploaded in the Provider’s Panel in the Platform. Clickatour reserves the right to inspect the insurance documentation and demand confirmation of payment of the insurance.
4.10 The prices provided by the Provider on the Platform must include all required taxes (e.g., VAT, sale taxes or any other charges). The Provider must not require the Customers to pay any further expenses, taxes, commissions, salaries, dues or to cover other expenses upon the execution of the Service.
4.11 The Provider is obliged to provide Customers with a proper invoice that complies with all applicable tax requirements.
4.12 As the e-mail is the primary way of communication between the Platform and the Provider, the Provider agrees to receive e-mail communication from various e-mail accounts of Clickatour. If necessary, the Provides will inform his Internet Service Provider or Mail Service Operator that the e-mail communication sent from Clickatour is legitimate.
4.13 As the e-mail is the primary way of communication between the Platform and the Provider, the Provider is obliged to keep his e-mail account in working conditions and check his e-mail account for incoming correspondence as often as necessary and at least once per day. The Provider is also responsible in the event of blocking of the e-mails coming from the Platform or Clickatour, or treating them as spam, and in any of these cases should take appropriate steps to be able to receive e-mail communication from the Platform and Clickatour.
4.14 The Provides is obligated to ensure that the Provider are entitled to the necessary rights of use for images before uploading the User Content. Images or photos where we could see other people may only be uploaded to the Clickatour platform if these persons gave their consent. If the provider wants to use pictures that have been taken by a person other than you, you also need the consent of this person.
4.15 The content the Provider is storing in the Clickatour platform, either directly or by making it being accessed through the Provider’s API, must not violate legal provisions, morality and/or the rights of third parties; in particular, it is forbidden to upload and/or make publicly accessible any content with depictions of violence, pornography, discrimination, insults, racism, defamation or other illegal content or depictions.
4.16 The Provider takes full responsibility for their content no matter how and when this content has been provided and stored in the Clickatour platform. It is not important if the Provider deliver the content directly by filling the form on the Clickatour web site or the content is provided by the Provider’s API, Clickatour’s API, e-mail message or any other way.
4.17 The Provides is obligated to check if the content they provide for use in Clickatour platform is absent of any legal violations and takes full responsibility, including all costs of legal procedures, which may result by using the content delivered by the Provider.
5. Booking Procedure
5.1 All visitors to the Platform will have the opportunity to view the offered Services with or without prior registration. When the visitor is interested in a certain Service, he can make a booking and the Provider will be notified by e-mail of this booking. The list of bookings is also accessible via the Provider’s Panel in the Platform.
6. The Booking Offers
6.1 The Provider will enter the data of his Services into the Provider’s Panel in the Platform and is responsible that the provided information is always up to date. Changed, cancelled, or not active Services must be deactivated immediately to avoid erroneous bookings.
6.2 The Service description must be clear in that the Provider offers the Services in his own name and responsibility. In no circumstances the Provider can make any suggestions, neither directly nor indirectly, that Clickatour is the entity which provide the Services or that the Services has been evaluated by Clickatour.
6.3 Clickatour is entitled to give a discount on the Service price at its own cost up to the level of the commission.
6.4 The Provider is entitled to give a discount on the Service price at its own cost however the base of the counted commission for Clickatour will remain the same as for the full price.
7. Displayed Content & Intellectual Property
7.1 The Provider guarantees and takes full responsibility for all uploaded or otherwise delivered to the Platform and Clickatour content or materials (like photos, text, videos, audio and any other). The Provider guarantees that all these content or materials are legally obtained and have all necessary personal and otherwise permissions and they do not infringe any copyrights or other intellectual property rights.
7.2 The Provider grants Clickatour a non-exclusive, royalty free and worldwide right and license (or sub-license) as follows:
7.2.1 to use, reproduce, have reproduced, distribute, sub-license, communicate and make available in any method and display the intellectual property rights of and in the content submitted through the Provider Panel Account pursuant to these Conditions and which are necessary for Clickatour to exercise its rights and perform its obligations under these Conditions.
7.2.2 to use, reproduce, have reproduced, process, distribute, sub-license, display and utilize (including without limitation to publicly perform, modify, adapt, communicate, reproduce, copy, translate and make available to the public in any manner whatsoever) the provided content.
7.3 Clickatour may sub-license, make available, disclose, and offer this content (including the relevant intellectual property rights) of the Provider and all such further rights and licenses set out in this Contract via or in collaboration with the websites, applications, platform, tools, or other devices of affiliated companies and/or third parties.
7.4 Clickatour in no event will be liable to the Provider for any acts or omissions on the part of any third-party platforms. The sole remedy for the Provider in respect of such third-party platforms is (1) to request Clickatour (which has the right and not the obligation) to disable and disconnect with such third-party platform, or (2) termination of this Contract, all in accordance with the terms of these Conditions.
7.5 The Provider is fully responsible for any claim of third parties related to copyright infringements of content he has provided to Clickatour.
8. Marketing and advertising
8.1 Clickatour is entitled to promote the Services of the Provider using the Provider’s name or brand in online marketing, including e-mail marketing and/or pay-per-click advertising.
8.2 It is in Clickatour’s sole discretion how to advertise the offers of the Provider on the Platform or on third party websites and in online affiliate networks, including but not limited to ranking and promotion.
8.3 The Provider agrees not to specifically target the Clickatour brand directly through keyword purchases that use Clickatour’s intellectual property rights.
8.4 Clickatour runs online marketing campaigns at its own will and cost.
9. Responsibility for Content
9.1 The Provider is fully responsible for content and materials uploaded to the Provider’s Panel and Platform or otherwise delivered to Clickatour for use on the Platform or anywhere else, such as photos, pictures, texts, videos, audio, or anything else. Clickatour recognizes such material as an external content. Clickatour also recognizes Customer’s content, such as forum entries, reviews, etc. as external content and excludes liability.
9.2 If Clickatour detect content that does not comply with these Conditions or any other legal provisions, it may partially or fully delete this content (unless the breach is remedied by the Provider within 48 hours after e-mail notice). Clickatour have also right to block or delete the Provider’s Account at any time.
9.3 The Provider is not allowed to upload any content or materials which violates any copyrights, privacy of the Customers and any third parties or any other laws.
10. Cancellations
10.1 Unless agreed otherwise between the Customer, Provider and Clickatour, the Provider agrees that Customers are allowed to cancel their bookings free of charge up to 24 (twenty-four) hours before the booked date of Service. In case of cancellation the Provider will not receive any payment. If the Customer cancel the booking in less than 24 hours before the date of Service or within any other term agreed in advance between the Customer, Provider and Clickatour, or if the person for whom the Service was booked does not appear at the date and place of the Service, Customers will be obliged to pay the full price of the Service, which will be transferred as usual to the Provider, minus the Clickatour’s commission.
10.2 If the Provider cancel the booking for whatever reason he must fully refund Customer, unless otherwise agreed between the Provider and Customer.
10.3 Clickatour provides costly and intensive efforts to market Services to the Customers, therefore, if the Provider unjustifiably or with negligence fails to deliver or cancels his Services that have been booked by Customer, The Provider agrees that Clickatour have right to (1) make a full refund to the affected Customer, and (2) deduct the amount of the refund plus a contractual penalty from any amount due to the Provider. The contractual penalty will be twenty percent (20%) of the gross selling price of the Service on the Platform for each affected Customer. Clickatour may, at its sole option, forgo this contractual penalty, in whole or in part, if the Provider gives an alternative and equivalent Service at the same date (or other but only if the Customer accepts it) to the affected Customers.
10.4 In case of force majeure, which are circumstances beyond the Provider or the Customer reasonable control, including without limitation natural catastrophe, war, act of terrorism, interruption of electricity and strikes, either the Provider or the Customer may suspend or end this Agreement. Furthermore, the Provider will allow the Customer to return purchased ticket for a full refund if a force majeure situation occurs at the travel destination, regardless of whether the Provider continues to provide his Services during the affected period. Clickatour will process the refunds and transmit them to the affected Customer. If the Provider cancels the Service due to the occurrence of force majeure, he must notify the Customer Service of Clickatour immediately.
11. Customer Complaints
11.1 Complaints or claims in respect of the Service offered or provided by the Provider or specific requests made by Customers must be dealt solely by the Provider. Clickatour is not responsible for and refuses any liability in respect of such claims from Customers. Clickatour however may at any time and at its sole will (1) offer support services to a Customer, (2) act as intermediate between the Provider and the Customer, (3) provide at the cost of the Provider an alternative service of equal or better standard in the event of overbooking or other material irregularities or complaints in respect of the offered or provided by the Provider service, or (4) otherwise assist the Customer in him communication the Provider.
12. Commission Payment to Clickatour
12.1 The Provider agrees to pay Clickatour the commission for the brokering of contracts with Customers. The amount of the commission will be separately agreed between the Provider and Clickatour. The commission is understood to be plus any statutory VAT. The commission will be deducted from the gross amount charged to the Customer as the sales price for the Service on the Platform in the agreed currency.
12.2 The commission for Clickatour will be billed monthly at the rates paid by the Customers. Any taxes and other expenses that must be paid by the Provider will not be compensated separately. Banking fees and other transaction costs are expenses of the Provider, except these according to paragraph 14.2.
13. Payments
13.1 It is at sole discretion of Clickatour to choose a Payment Service Provider. Clickatour Cannot be held liable for Customer’s payments and is not responsible in case of incorrect or incomplete entry of the Provider’s bank account information into the Platform.
13.2 The on-line payment of Customer will be collected when due.
13.3 Clickatour takes care of the Customer’s payment collection by way of a Payment Service Provider and the received payments are directly transferred to the Provider’s Account. The Provider must correctly enter his bank account (IBAN) within the Provider’s Panel in the Platform.
13.3 If the Customer cancel their credit card payment (or PayPal payment) before the use of the booked Service or the payment is not fulfilled for any other reason, Clickatour will inform the Provider immediately about it.
13.4 If the credit card payment is revoked after the fulfilment of the contract between the Provider and the Customer, Clickatour will inform the Provider. Clickatour will inform the Payment Service Provider about the reasons for withdrawal according to the particulars of the credit card organization or PayPal and ask the Provider to comment within 5 (five) working days. Clickatour will forward this statement to the credit card organization or PayPal.
13.5 Clickatour is not obliged to take legal measures of any kind against the Customer who do not pay for a Service or cancellation or who revoke the credit card payment. Clickatour will transfer these claims, if there will be any, to the Provider.
14. Billing
14.1 The credit card and banking fees for the Customer’s payments to Clickatour are borne by Clickatour.
14.2 The credit card, PayPal, and banking fees for payment transfers to the Provider will be borne, as follows: (1) Clickatour bears the costs for its own bank/credit card organization, (2) the Provider bears the costs of his bank/credit card organization.
14.3 The Provider will be notified via e-mail once the payment of Customers for the Service has been confirmed.
14.4 Clickatour will invoice its commission to the Provider every working Monday or any first following working day if that Monday is a non-working day. All bookings made through the Platform that have been conducted during the previous week will be considered, and offsets the commission against with the Provider’s payment. The remaining balance as outlined on the credit note depicted on the invoice will be transferred to the Provider’s bank account. The Provider will be notified by e-mail at the e-mail address indicated for accounting purposes in the Provider’s account information ion the Provider’s Panel. Clickatour processes payments every week in exception of extraordinary circumstances.
14.5 The invoice is the basis for any payment. The Provider has right to raise any claim with regard of an alleged inaccuracy of the invoice or credit note within 30 days. If no claim has been raised in the 30 days from the date of the invoice the invoice is considered accepted by the Provider and Clickatour and no further claims can be raised.
14.6 Clickatour will display the offers in Euro. The Payments to the Provider will be made in Euro.
14.7 Clickatour bears the transaction fees. The amount transferred by Clickatour to the Provider reflects the sum of the net prices of all considered booked and executed Services. The Provider must take under consideration that some banks add fees for receiving international payments and these fees are sole expense of the Provider. Due to bank transfer costs, Clickatour may not transfer amounts smaller than 50 Euros. If in a certain week the amount of payment is smaller than 50 Euros Clickatour is entitled to postpone the payment until such an amount is reached.
14.8 If Clickatour will be for any reason subject to taxes or expenses in the country of the Provider in relation to his Services, Clickatour will deduce these costs from payments granted to the Provider. If the Provider does not agree to pay those extra taxes or expenses, he may terminate the cooperation with Clickatour immediately however the arisen costs will be deduced from earlier payments granted to the Provider.
15. Taxes
15.1 The Provider acknowledges that he is solely responsible for the accuracy of the tax rate information, the identification of applicable taxes and any changes to the tax rates entered the Platform. The Provider is responsible for accounting to the relevant tax authorities for any taxes applicable to any amount received by the Provider in consideration of the Services. If requested by Clickatour, the Provider is obliged to provide Clickatour with valid tax invoices with no unnecessary delay in respect of any transactions entered under these Conditions where taxes are chargeable under applicable law.
16. Rules for Customer-related Communication
11.1 The Provider may neither in his Service description nor in the forum or via any private message refer the Customer or agents to his own external internet website, a third-party website or platform, or provide information to get in touch outside of the Platform to offer the Client Services directly or through other platforms.
17. Customer inquiries
17.1 The Provider is required to manage all the Customer’s inquiries received through Clickatour exclusively on the Platform. The Provider will neither directly nor indirectly urge the Customers or agents, who contacted the Provider to book a service outside the Platform. If prospective Customers or agents, who got in touch through Clickatour inquire to book a service outside the Platform, the Provider will refer him to the Platform.
18. Review System
18.1 The Customer after the fulfilment of the Service has an opportunity to review a booked Service through Clickatour’s review system. The purpose of the review system is to create meaningful and accurate feedback of the Customers and promote best quality if the service. The review system is beneficial for the Customers and the Providers that provide good service to their Customers and promote the high quality. All content of the review system is the exclusive content of Clickatour.
18.2 The Provider is not allowed to publish reviews on his own site/third party sites without the prior written consent of Clickatour.
18.3 The Provider have the possibility to respond to the Client’s review. The response must be respectful. The responses will be held for moderation by Clickatour and will be released after verification. Disrespectful, unpolite, offending or abusive in any way responses will not be released. In case of repetitive abusive responses, the ability to respond by the Provider can be blocked permanently or his account deactivated.
18.4 The Provider takes full responsibility for his responses.
19. Data Protection
19.1 The Provider agrees that he has in place and will maintain, or will establish and maintain, adequate security procedures and controls to prevent the unintended disclosure of, and the unauthorized access to, or misappropriation of any personal data or information of any of his Customers.
19.2 Neither the Provider nor its affiliates will directly or indirectly engage in any solicited or unsolicited marketing or similar communications with any Customer that has booked through the Platform without such Customer’s consent.
19.3 The Provider will process, store, transmit, and access any Customer related information including payment information (e.g. credit card, PayPal or bank account information) in compliance with applicable law including but not limited to the data security rules of the Card Payment Industry Data Security Standard for protecting cardholder information applicable to the Provider, and the EU Data Protection Directive and all laws promulgated thereunder in each case as the same may be amended, updated, replaced, or augmented.
19.4 The Provider, upon Clickatour’s request, will provide evidence that he has established and maintains technical and organizational security measures of processing of personal data in accordance with this section.
20. Representations and Warranties
20.1 In addition to any other representations and warranties made by the Provider in this Contract the Provider hereby represents and warrants that: (1) the Provider has authorized the individual person entering into these Contract to take such action on the Provider’s behalf, (2) this Contract constitutes a valid and binding obligation, enforceable against the Provider in accordance with its terms, (3) the performance of the Provider obligations under these Contract will not violate any agreement or obligation between the Provider and any third party, (4) the Provider’s performance under these Contract will comply with the Contract, (5) the Provider holds all licenses, permits, and authorizations required to make his services available for booking through the Platform and to otherwise comply with the Provider’s obligations under conditions of this Contract, (6) the Provider is the owner of all intellectual property rights uploaded through the Provider’s Panel of the Platform or is authorized by the owner of these rights to use them in such manner and license such rights throughout the Platform.
21. Liability of the Provider and Indemnification
21.1 The Provider agrees, and is solely responsible to indemnify, defend, and hold harmless Clickatour, each of its affiliates and any of his its affiliate’s officers, directors, employees or agents or his third party distribution partners, at his full expense, against any third party claim, action, loss, damage, expense or other liability (including without limitation attorney’s fees and expenses) arising from or relating to (1) the Provider’s Services, (2) the performance of the Provider’s duties and obligations under this Contract or any breach or default by the Provider under this Contract, including but not limited to, a breach of any representation, warranty or covenant, or (3) any allegation that Clickatour or any of its affiliate’s use, reproduction, distribution or display of the Service information as permitted under this Contract infringes or misappropriates the intellectual property rights of any third party. The Provider agrees to use a counsel reasonably satisfactory to Clickatour to defend any indemnified claim and Clickatour may participate in the defence or settlement of any claim at any time, using attorneys selected by Clickatour. The Provider also agrees not to consent to the entry of any settlement or judgment without Clickatour’s prior written consent, which will not be unreasonably withheld by Clickatour.
22. Limitation of Liability of Clickatour
22.1 Clickatour makes no warranties regarding the Platform, including any temporary or permanent interruption of the operation of the Platform.
22.2 Clickatour is not responsible in respect to the number, frequency, or type of Services booked through the Platform.
22.3 Clickatour’s liability under this Contract will be restricted to the responsibility for losses caused intentionally or with gross negligence by Clickatour, its legal representatives or senior executives.
22.5 Any more extensive liability of Clickatour is excluded on the merits.
23. Notices
All notices must be in Spanish, in writing, and sent by facsimile or a nationally recognized overnight air courier to the applicable facsimile number or address indicated above. Clickatour may also provide notice to the Provider by e-mail. Notices are deemed, delivered and received (1) if by facsimile transmission, upon successful facsimile transmission, (2) if by a nationally recognized courier, upon delivery to Clickatour by such nationally recognized courier, or (3) if by electronic transmission, when directed to an electronic mail address entered into the Provider Panel in the Platform by the Provider.
24. Term and Termination
24.1 The Contract is concluded for an indefinite period.
24.2 The Provider and Clickatour may terminate the Contract at any time and without cause. A termination can be done automatically by using the appropriate function in the Provider Panel in the Platform. The remaining confirmed bookings have to be executed as planned.
24.3 If there are specific indications that a Provider is culpably violating legal provisions, third party rights or the Conditions of this Contract or if Clickatour has a legitimate reason, particularly with regard to protect Customers or other Providers against fraudulent activities, Clickatour is entitled to take one or more of the following actions: (1) issue a warning to the Provider, (2) deactivate the Provider’s offers or other content, (3) disable the Provider’s account in the Platform, (4) cancel the existing bookings in the name of the Provider without taking into account the applicable cancellation policies and reject Customer’s offers for the conclusion of a Contract in the name of the Provider.
25. Amendment
25.1 Clickatour reserves the right to modify and impose new or additional terms and conditions to this Contract at any time. Clickatour will notify the Provider with an e-mail to his e-mail address stated in the Provider’s Panel in the Platform about any changes in this Contract. If the Provider does not accept these modifications or additional terms and conditions, he may terminate this Contract any time. The Provider’s failure to exercise his right to terminate this Contract within 10 days after notice of any modification or additional terms and conditions to this Contract will constitute his acceptance of such changes.
25.2 The Provider by the fact of using the Platform also agrees and accepts the terms and conditions stated in remaining legal documents of the Platform and its subpages, which is: General Terms and Conditions, Legal Notice, Privacy Policy, and Cookies Policy.
26. Final Provision
26.1 No subsidiary agreement has been made. All alterations and amendments to this Contract must be made in writing to take legal effect.
26.2 If any provisions of this Contract are or become invalid or void, the validity of the remaining parts of the Contract will remain unaffected and bounding. Invalid or void provisions will be replaced by suitable ones to achieve the same purpose in consideration of the interests of both parties.
26.3 The claims of the Provider resulting from this Contract may not be assigned or transferred to third parties without the prior written approval of Clickatour.
26.4 Clickatour is entitled to assign and transfer its rights and obligations resulting from this contract to affiliated companies.
26.5 The law applicable to any controversy that arises in relation to the Contract will be subject to the Spanish law. The Parties agree to submit to the Courts and Tribunals of the city of Las Palmas of Gran Canaria, expressly waiving any other jurisdiction that may apply to them.