Effective 11 of April 2019.
NAUTICS TRAVEL CANARIAS S.L., with registered office on c/Milan 16, CP 35100 Playa del Inglés, Las Palmas de Gran Canaria, Spain with CIF B76166230 , registered in the Mercantile Registry of Gran Canaria, Volume 2069, folio 103 sheet GC-47568 later referred as Clicatour 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.
Clicatour provides the Platform only to allow Providers to offer and to directly sell their own Services to Customers. Clicatour acts as a commercial agent authorized and appointed by the Provider. Clicatour by an intermediary agreement with a Customer, will expedite the purchase of Services from the Provider by that Customer. However, in no event Clicatour 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 Clicatour 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 Clicatour and Customers is ruled by Clicatour’s General Terms & Conditions. The relationship between Clicatour 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 Clicatour is not responsible for verifying the identity, authenticity, or credentials of the individual person entering into this Contract.
2.3 However Clicatour 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 Clicatour 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 Clicatour
3.1 The Provider authorizes Clicatour, directly and indirectly through the use of 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 Clicatour’s third party payment service provider further referred as Payment Service Provider and any other third party authorized by Clicatour to process data required to the transfer of funds from and to Provider’s payment instruments or accounts or others required in order to operate the Platform.
3.2 Clicatour 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 Clicatour 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, Clicatour 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 acted 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 Clicatour. Clicatour 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 in regard to his offer will be true, accurate, and not misleading at all times. 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 have to inform Clicatour 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, in particular 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 in regard to 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 have to 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 Clicatour. Specifications concerning the general liability insurance have to be documented electronically and uploaded in the Provider’s Panel in the Platform. Clicatour 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 Clicatour. If necessary, the Provides will inform his Internet Service Provider or Mail Service Operator that the e-mail communication sent from Clicatour 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 Clicatour, 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 Clicatour.
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 Clicatour is the entity which provide the Services or that the Services has been tested by Clicatour.
6.3 Clicatour 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 Clicatour 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 Clicatour 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 Clicatour 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 Clicatour 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 Clicatour 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 Clicatour 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 Clicatour (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 Clicatour.
8. Marketing and advertising
8.1 Clicatour 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 Clicatour’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 Clicatour brand directly through keyword purchases that use Clicatour’s intellectual property rights.
8.4 Clicatour 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 Clicatour for use on the Platform or anywhere else, such as photos, pictures, texts, videos, audio or anything else. Clicatour recognizes such material as an external content. Clicatour also recognizes Customer’s content, such as forum entries, reviews, etc. as external content and excludes liability.
9.2 If Clicatour 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). Clicatour 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.
10.1 Unless agreed otherwise between the Customer, Provider and Clicatour, 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 Clicatour, 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 Clicatour’s commission.
10.2 If the Provider cancel the booking for whatever reason he has to fully refund Customer, unless otherwise agreed between the Provider and Customer.
10.3 Clicatour 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 Clicatour 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. Clicatour 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. Clicatour will process the refunds and transmit them to the affected Customer. In the event that the Provider cancels the Service due to the occurrence of force majeure, he must notify the Customer Service of Clicatour 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 have to be dealt solely by the Provider. Clicatour is not responsible for and disclaims any liability in respect of such claims from Customers. Clicatour 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 Clicatour
12.1 The Provider agrees to pay Clicatour the commission for the brokering of contracts with Customers. The amount of the commission will be separately agreed between the Provider and Clicatour. 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 Clicatour will be billed on a monthly basis 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.
13.1 It is at sole discretion of Clicatour to choose a Payment Service Provider. Clicatour 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 Clicatour 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 have to 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, Clicatour 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, Clicatour will inform the Provider. Clicatour 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. Clicatour will forward this statement to the credit card organization or PayPal.
13.5 Clicatour 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. Clicatour will transfer these claims, if there will be any, to the Provider.
14.1 The credit card and banking fees for the Customer’s payments to Clicatour are borne by Clicatour.
14.2 The credit card, PayPal and banking fees for payment transfers to the Provider will be borne, as follows: (1) Clicatour 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 Clicatour 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 carried out during the previous week will be taken into account, 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. Clicatour 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 Clicatour and no further claims can be raised.
14.6 Clicatour will display the offers in Euro. The Payments to the Provider will be made in Euro.
14.7 Clicatour bears the transaction fees. The amount transferred by Clicatour to the Provider reflects the sum of the net prices of all considered booked and executed Services. The Provider have to 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, Clicatour may not transfer amounts smaller than 50 Euros. If in a certain week the amount of payment is smaller than 50 Euros Clicatour is entitled to postpone the payment until such an amount is reached.
14.8 If Clicatour will be for any reason subject to taxes or expenses in the country of the Provider in relation to his Services, Clicatour 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 Clicatour immediately however the arisen costs will be deduced from earlier payments granted to the Provider.
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 into 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 Clicatour, the Provider is obliged to provide Clicatour with valid tax invoices with no unnecessary delay in respect of any transactions entered into 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 handle all the Customer’s inquiries received through Clicatour exclusively on the Platform. The Provider will neither directly nor indirectly urge the Customers or agents, who got in touch with the Provider to book a service outside the Platform. If prospective Customers or agents, who got in touch through Clicatour 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 fulfillment of the Service has an opportunity to review a booked Service through Clicatour’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 Clicatour.
18.2 The Provider is not allowed to publish reviews on his own site/third party sites without the prior written consent of Clicatour.
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 Clicatour 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 Clicatour’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 Clicatour, 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 Clicatour 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 Clicatour to defend any indemnified claim and Clicatour may participate in the defense or settlement of any claim at any time, using attorneys selected by Clicatour. The Provider also agrees not to consent to the entry of any settlement or judgment without Clicatour’s prior written consent, which will not be unreasonably withheld by Clicatour.
22. Limitation of Liability of Clicatour
22.1 Clicatour makes no warranties regarding the Platform, including any temporary or permanent interruption of the operation of the Platform.
22.2 Clicatour is not responsible in respect to the number, frequency, or type of Services booked through the Platform.
22.3 Clicatour’s liability under this Contract will be restricted to the responsibility for losses caused intentionally or with gross negligence by Clicatour, its legal representatives or senior executives.
22.5 Any more extensive liability of Clicatour is excluded on the merits.
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. Clicatour 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 Clicatour 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 of time.
24.2 The Provider and Clicatour 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 Clicatour has a legitimate reason, particularly with regard to protect Customers or other Providers against fraudulent activities, Clicatour 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.
25.1 Clicatour reserves the right to modify and impose new or additional terms and conditions to this Contract at any time. Clicatour 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.
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 Clicatour.
26.4 Clicatour 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.