General Terms and Conditions

Version 25/10/2018

These General Terms and Conditions are subdivided into:

One. Feelsummer Terms of Use

Two. General Terms and Conditions of Feelsummer SL & Feelsummer Online Ltd

Three. General Terms and Conditions of the Supplier of tours and other tourist services (referred company)

Within the scope of an intermediary service, Feel Summer shall provide the visitors and Suppliers of tours or tourist services with this booking Platform.

Furthermore, Feel Summer shall also provide this booking Platform to certain cooperating partners (sub-agent/ distribution partner) for the booking of the Supplier’s tourist services. The use of this Platform by sub-agents or distribution partner requires a separate contractual agreement and is not permitted without the prior written authorization of Feel Summer.

Contracts for tourist services are to be concluded directly between the users of this booking Platform and the Suppliers of tours or other tourist services. If users book services via a linked partner Platform or if a sub-intermediary makes a booking on behalf of a user of a connected partner Platform, a corresponding contract shall be concluded directly between this user and the Supplier. Feel Summer is not a contract party with regards to the tourist services offered on this booking Platform.

I. Feel Summer Terms of Use

1. Who operates this website?

This website (including sub-sites and including text, images, videos, software, products, services and other information contained in or presented on the website; all together the "Website") is provided by Feelsummer Online Limited. You can contact us by email (info@www.feelsummer.com) or by phone using these numbers:

UK: 0800 009 6344

Spain: N/A

Bookings through the Platform are subject to the General Terms and Conditions of Feel Summer Online Limited 07522202, as well as the General Terms and Conditions of the Supplier (Organiser of Events, Tours and Attractions.

2. Application of these Terms of Use

These terms of use (the "Terms of Use"), together with our privacy policy (the "Privacy Policy"), apply to any use of the Website. Visitors of the Website ("User" or "you") may use the Website only on condition that they accept the Terms of Use and read and understand the Privacy Policy. Any further use of the Website or any part of it means you have read and understood the Terms of Use and the Privacy Policy, and agree to be bound by all parts of the Terms of Use.

3. No offer

The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with suppliers of activities available on the Website require a booking request through the Feel Summer Booking Platform and the supplier's acceptance of the booking request according to the General Terms and Conditions of Feel Summer Online Limited 07522202.

4. No warranty

While Feel Summer Online Limited tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). Feel Summer Online Limited may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterising it as such. Feel Summer Online Limited may also block Users from accessing the Website or parts of it, or requires certain conditions to be fulfilled for such access. Feel Summer Online Limited does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, Feel Summer Online Limited does not guarantee that information available on the Website has not been altered through technical defects or by unauthorised third parties.

5. Limitation of liability

Feel Summer Online Limited excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused will-fully or through gross negligence, and only to the extent permitted by applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability regulation.

6. Third party content, links to other websites

Feel Summer Online Limited does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. Feel Summer Online Limited does not recommend or endorse such content, and will not have any liability relating to it. Where Feel Summer Online Limited links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please send an email to support@www.feelsummer.com.

7. Feelsummer Mallorca App license

Feel Summer Online Limited hereby grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free, worldwide right to use the Feelsummer Mallorca App according to these Terms of Use and provided that you are and will always be in compliance with these Terms of Use. You may (i) only use the Feel Summer Mallorca App in object code form and for your personal purposes (if you are a consumer) or for your internal business purposes (if you are a business); (ii) only use such number of copies of the Feel Summer Mallorca App and make such number of backup copies of the Feel Summer Mallorca App as may be necessary for its lawful use; (iii) not nor permit any third party to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Feel Summer Mallorca App in whole or in part; (iv) not rent, lease, sub-license, loan, translate, merge, adapt or modify the Feel Summer Mallorca App or any associated documentation; (v) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Feel Summer Mallorca App nor attempt to do any such things.

8. Intellectual property rights

As between you and Feel Summer Online Limited, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.

9. Amendments to the Terms of Use

Feel Summer Online Limited may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. Feel Summer Online Limited expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.

10. Applicable law and jurisdiction

The law of the United Kingdom shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. II. Feel Summer Online Limited – User Terms and Conditions for the online offer of Feel Summer Online Limited Platform

1. Introduction

1.1 Feelsummer Mallorca are an online Tickets Agency that supply tickets to the best Events and Excursions in Mallorca, Magaluf, Arenel and Palma. From the famous Magaluf Club Pass, Elrow Festival, Son Amar, Palma Tours, Caves of Drach, Magaluf Pool Party Tickets. Reserve your Event & Excursion tickets today. Magaluf – Mallorca 2019. Our Fast and Efficient Booking system allows customers to reserve Event/Excursion tickets online and use their mobile ticket for admission.

2. Registration

2.1 The use of Feel Summer Online Limited Platform’s offer can generally be done anonymously.

2.2 Certain types of use of Feel Summer Online Limited Platform, such as the making of bookings, require registration. During registration, the user sends an electronic registration form and consents to the General Terms and Conditions. The registration with Feel Summer Online Limited is only concluded once a confirmation is sent to the e-mail address specified by the user. Natural individuals must be over the age of 18 in order to register. The user has to keep the password he/she sets secret and take suitable precautions to prevent third parties becoming aware of it.

2.3 The creation of more than one user account for the same natural individual or legal entity is not permitted. The user account cannot be transferred.

3. Services of Feel Summer Online Limited of contract

3.1 Once the user has entered his/her desired service on the Feel Summer Online Limited Platform (e.g. Specified Event, type of tour, start time, number of participants & price options), Feel Summer Online Limited shall show the user the information about the Suppliers’ services (“service information“). Based on this information, the user can, where applicable after checking availability, make a contractual offer, by placing an offer, to be sent to the respective Supplier, whereby the sub-intermediates act on behalf of the referred user. This happens, after the selection and transfer to the shopping basket, by clicking on the button “confirm and book”.

3.2 The user is bound to his/her binding offer for five working days. For more information see Section 5 of the General Terms and Conditions of the Supplier of tours and other tourist services in Part III.

3.3 Feel Summer Online Limited shall notify the user of the conditions of transport and business of the Supplier for their contractual relationship with the user and for their services. They can be found in the respective tenders. The user is responsible for meeting and complying with these conditions. The Supplier reserves the right to not allow the user to undertake an action, or to exclude it, if they do not meet the conditions. In this case the paid price shall not be refunded.

3.4 Feel Summer Online Limited shall provide the user with a booking confirmation issued in the name of, and on behalf of, the Supplier, as well as a payment confirmation. The use of the Feel Summer Online Limited Platform itself is essentially free of charge for the user. The costs for the technical access to the Feel Summer Online Limited Platform (e.g. internet access) are to be borne by the user. Feel Summer Online Limited is permitted to collect the invoiced amounts in the name of, and behalf of the Supplier.

3.5 Feel Summer Online Limited shall forward the user any data for the use of a Supplier’s service according to the applicable conditions (such as ticket data), once they have been received by the Supplier.

3.6 Feel Summer Online Limited assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Supplier, as all the information indicated and forwarded is based on data from Suppliers or third parties, which Feel Summer Online Limited cannot check in detail.

4.Payments on Feel Summer Online Limited

4.1 The service agreement concluded with the Supplier shall apply to the fees to be paid by the user for the services of the Supplier.

4.2 Feel Summer Online Limited is permitted to collect the invoiced amounts in the name of and on behalf of the Supplier, provided nothing else has been explicitly stated in the Supplier’s invoice. If claims have to be paid by the user in a different currency than its national currency (claims for payment in foreign currencies), Feel Summer Online Limited can demand payment in the national currency of the user and the foreign currency claim can be converted based on the current exchange rate at the time the contract is concluded. Feel Summer Online Limited can charge the user a suitable conversion charge for this.

4.3 The contact partner, and contract partner, of the user in connection with the service agreement and its payment, is the respective Supplier. The user can only assert the repayment of a payment to the respective Supplier. A refund granted by the Supplier can also be processed by the Supplier via Feel Summer Online Limited. To simplify the process for the user, communication via Feel Summer Online Limited Platform is recommended.

4.4 To use the payment functions of Feel Summer Online Limited, the user has to register. The user has to enter correct payment information and update the details immediately in the event of changes. Feel Summer Online Limited can reject the payment method specified by the user. The user will be notified of the payment methods permitted for the respective service during the order process.

4.5 Upon the authorisation of the payment, the user consents to his/her payment information being used for the collection of payments by the creditor. Feel Summer Online Limited reserves the right to make the use of the payment function of Feel Summer Online Limited dependent on a check of the credit rating of the user.

5. Pricing of Feel Summer Online Limited

5.1 All prices on FEEL SUMMER MALLORCA are quoted per person and include VAT and all other taxes. Local taxes may be charged on site.

5.2 These prices specified by the Suppliers may be subjected to special conditions, for example with regards to cancellation and the refunding of payments made. Before making the booking, please check precisely whether the respective service agreement is subject to separate conditions.

6. Duties and obligations of the user

6.1The user shall keep the registration data (user login and password) secret and not allow third parties access to GetYourGuide Portal using his/her registration data. The user shall be accountable for all use of his/her user account on Feel Summer Online Limited Portal.

6.2 After receiving the service information, the user can send any orders to Feel Summer Online Limited for forwarding to the Supplier.

6.3 The user shall exempt Feel Summer Online Limited from third-party claims based on his/her use of the Feel Summer Online Limited Platform, unless they are the fault of Feel Summer Online Limited.

7. Availability and warranty

7.1 There is no claim for availability, quality or service features, or technical support for the Feel Summer Online Limited Platform. Feel Summer Online Limited can redesign, reduce or suspend their online portal Feel Summer Mallorca at any time, at its discretion. Existing agreements of the user with a Supplier, as well as the execution of these agreements, remain unaffected by these changes.

7.2 Feel Summer Online Limited makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Suppliers).

7.3 Feel Summer Online Limited makes no guarantee or warranty for the services provided by the Suppliers. The contact partner of the user in the event of questions and claims in connection with a service agreement and its execution is the respective Supplier.

7.4 Provided Feel Summer Online Limited does not have any obligation to the user, Feel Summer Online Limited also provides no guarantee.

8. Liability of Feel Summer Online Limited

8.1 If Feel Summer Online Limited has not assumed a corresponding contractual obligation by means of an explicit agreement with the user, it is not liable for the realisation of corresponding agreements with Suppliers in line with the booking request of the user.

8.2 Without explicit agreement or an assurance of this kind, Feel Summer Online Limited is not liable for defects in the performance of the service and personal or material damage incurred by the user in connection with the travel service provided, concerning the services provided.

8.4 The liability of Feel Summer Online Limited for contractual claims of the user is limited to three-times the price of the tourist services procured, except for:

liability for damage incurred by the user due to the injury to life, limb or health, which is based on a negligent breach of duty by Feel Summer Online Limited or a vicarious agent of Feel Summer Online Limited

liability of Feel Summer for other damage incurred by the user due to a grossly-negligent breach of duty by Feel Summer or a wilful or grossly-negligent breach of duty by a legal representative or vicarious agent of Feel Summer.

8.5 For ordinary negligence, Feel Summer Online Limited is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are obligations which need to be fulfilled to make the proper execution of the contract possible and whereby the user can regularly rely on them being met.

8.6 Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on the product liability law.

9. Termination

Users can cancel their registration on Feel Summer Online Limited Portal at any time by blocking their user account. Feel Summer Online Limited can cancel a registration unilaterally with one week’s notice. Claims which have arisen before this is done, remain unaffected. The right to extraordinary cancellation remains unaffected.

10. Data protection

10.1 Feel Summer Online Limited collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for Feel Summer Online Limited between the user and Feel Summer Online Limited.

10.2 If Feel Summer Online Limited is involved in the communication for a service agreement between the user and the respective Supplier, it shall transfer the data required for this agreement to the respective Supplier. This Supplier processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective Supplier can be taken from the booking dialogue.

10.3 Further information can be found in the data protection conditions of Feel Summer Online Limited at https://www.www.feelsummer.com/privacy-policy/.

11. Changes to these General Terms and Conditions

11.1 Feel Summer Online Limited reserves the right to change these General Terms and Conditions at any time and without stating the reasons. Feel Summer Online Limited will only make changes affecting the user, which the user must agree to in consideration of mutual interests. This concerns, for example, cases where the equivalence principle has been disturbed, as well as loopholes and changes in legislation. The amended conditions will be sent to the users by e-mail at the latest two weeks before they come into effect. If a user does not reject the validity of the new General Terms and Conditions within two weeks of the receipt of the e-mail, the amended General Terms and Conditions are deemed to have been accepted. Feel Summer Online Limited will notify the user, in the e-mail containing the amended conditions, of the importance of this two-week deadline.

11.2 These Terms and Conditions can be amended at any time and without notice for future intermediation of contracts with Supplier. The respective conditions valid for each individual contract conclusion shall apply.

12. Other provisions

12.1 These General Terms and Conditions represent the whole agreement between Feel Summer Online Limited and the user. No additional agreements exist.

12.2 The law of England shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is England, provided the user is a tradesperson as per the English Commercial Code or does not have a permanent place of residence in England when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.

12.3 If provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the rest of the provisions.

Feel Summer Online Ltd 07522202

Suite 17 Barnfield House

Sandpits Lane

Accrington Road

Blackburn

BB1 3NY

England

Three. General Terms and Conditions of the Supplier of Events, Tours and other tourist services

Part Three of these General Terms and Conditions applies to all contracts concluded between the Suppliers and the users via the Feel Summer Platform. This also applies, if access to the Feel Summer Platform is provided via a cooperating partner (sub- agent, distribution partner).

1. Arrival at meeting point and compliance with conditions

You are responsible for arriving on time at the notified meeting point. If you are travelling to an activity from abroad, you are responsible for having the necessary travel documents (passport etc.), and for observing the health regulations etc.

2. Additional terms and conditions

If Supplier includes in addition to these General Terms and Conditions of Supplier of tours and other tourist services of Part III further participation or transport or other terms in a contract with you, you are responsible for observing these additional terms. The Supplier reserves the right to exclude participants from the activity if they do not meet these conditions.

3. Binding nature of the request

The contract between you or the user you have referred, and the Supplier comes into effect upon the acceptance of your binding request by the Supplier. When you book a tour or another activity, you make the Supplier a binding offer which you, or the user you have referred, are bound to for five working days. If the Supplier accepts your offer within this period of time, the contract comes into binding effect. You, or the user referred by you, receives notification of this by e-mail.

4. Payment

The agreed total price for the service we have provided is due upon the conclusion of the contract.>

4.1 Partial Payments:

All Partial payments will need to be paid in Full 48 hours before the Trip start date. The customer can login and pay via their account online. Via Telephone 0800 009 6344 or in resort via our POS System.

5. Ticket Usage

5.1 EVENTS / TRIPS & EXCURSIONS IN MAGALUF

For all Magaluf based Events & Excursions – customers will need to exchange their Mobile Ticket or PDF ticket at our Feelsummer Ticket Hut – Located at Coco Bongos Bar in Magaluf (Opposite McDonalds) On arrival customers will need to show their Mobile Ticket or PDF ticket to a member of the Feelsummer Staff. A Feel Summer Staff member will then scan the Ticket and issue the customer with their Official Ticket(s).

5.2 EVENTS / TRIPS & EXCURSIONS OUTSIDE OF MAGALUF

For all Events & Excursions based outside of Magaluf – customers will be able to present their Mobile Ticket or PDF ticket directly at the Trip/Venue

6. Self-responsibility for insurance

he price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity booked.

7. Unpaid services

If you or the user you have referred do not pay for the booked service according to the agreed due date of payment, although the Supplier is prepared, and able, to perform the contractual service and there is no legal or contractual right of retention for you or the user you have provided, the Supplier is permitted to withdraw from the contract and charge you.

8. Exchange of messages

All messages between you, or the user you have referred, and the Supplier shall be done via the Feel Summer Platform. In the interest of quick processing, it is recommended to exclusively use the forms provided by Feel Summer.

9. Cancellation guidelines

9.1 If you reject (cancel) the activity, the cancellation conditions stated in the product description as well as on your voucher apply. Feel Summer advises the user to carefully read the information in the product description.

9.2 Provided there are no deviating cancellation conditions in the product description of your Supplier, the following cancellation fees will be
charged by the Supplier of the tourist services.

a. Up to 48 hours before the start of the activity: full refund.

b. Less than 24 hours before the start of the activity or in the event of a no-show: no refund

c. Lost Ticket: no refund

9.3 You, or the user you have referred, are free to prove to the Supplier that they have not incurred any damage, or substantially less damage than the fee charged by the Supplier.

9.4 The Supplier reserves the right to request higher, specific compensation instead of the aforementioned flat-rate fees, if the Supplier can prove that it has incurred much higher expenses than the respectively applicable flat-rate fee. In this case the Supplier is obliged to provide specific figures and evidence of the compensation requested, taking into account the saved expenses and any other use of the services.

9.5 The refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount shall be credited at the end of the current invoicing period. The exact time of the refund depends on the user’s credit card agreement. The refund by bank transfer shall be done within seven bank working days.

10. Extraordinary cancellation

The Supplier can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions make the execution of the activity impossible, make it considerably more difficult or endanger it. In this case the paid price is refunded.

11. Exclusion of participation

The Supplier is permitted not to allow you to join an activity, or to exclude you from one, if you do not meet the personal participation requirements, your participation would endanger you or someone else or in any other way make the activity impossible in the long-term. This applies accordingly to a user you have referred. In these cases, the paid price cannot be refunded.

12. Changes to the program

Furthermore, the Supplier reserves the right to make non-essential changes to the program, if this is necessary due to unforeseeable or unavoidable conditions.

13. Further conditions

Further conditions or deviating conditions can be found in the respective tenders.

14. Time zone

For calculations of the time and deadlines, the time zone of the Supplier is authoritative.

15. Liability of the Supplier of the tour or the tourism service.

The Supplier is liable in accordance with the applicable law for its services, whereby the liability, if permitted according to the applicable law, is excluded.

16. Change to these General Terms and Conditions.

These Terms and Conditions of the Supplier of tours and other tourist services of Part Three can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on the existing conditions.