These general conditions are divided into:
I. Conditions of use of the MyMonkeyguide website
II. General conditions of MyMonkeyguide (intermediary)
III. General conditions of the travel supplier (intermediary companies)
MyMonkeyguide provides this booking platform to visitors and tourism service providers as part of an intermediary service.
In addition, MyMonkeyguide also provides this booking platform to certain cooperation partners (sub-intermediators/cooperation partners) for the booking or forwarding of tourism services from suppliers. The use of this booking platform by sub-intermediators or cooperation partners requires a separate contractual agreement and is not permitted without MyMonkeyguide’s prior written authorisation.
Tourism service contracts are concluded directly between the users of this booking platform and the tourism service providers. If users book via a connected partner platform or when a sub-intermediator makes a reservation on behalf of a user of a connected partner platform, the corresponding contract is concluded directly between that user and the provider. MyMonkeyguide is not a contractual party with respect to the tourism services offered on this booking platform.
1. Who operates this site?
MyMonkeyguide provides this site (including all subsites and content as well as text, images, videos, services and other information displayed, collectively referred to as the “Website”). You may contact MyMonkeyguide by email (administracion@MyMonkeyguide.com) or by telephone at the following numbers:
Spain: +34 622 80 62 76
Reservations made through the reservation platform are subject to the General Conditions of MyMonkeyguide and the General Conditions of the tour operators.
2. Scope of the conditions of use
3. No requirement for use
All information on this website is for general information purposes only. The information on this website does not constitute a binding offer from our company. There will only be a binding agreement with the providers of the activities offered on the website, and only with the provider, through a reservation request on the booking platform and its acceptance by the provider in accordance with the General Conditions.
4. No warranty
Although MyMonkeyguide makes every effort to ensure the accuracy of the content presented on or through the website, MyMonkeyguide makes no explicit or implicit guarantees as to the completeness, accuracy, reliability and timeliness of the content of this website and its suitability for a specific purpose or otherwise (including all information provided by third parties). MyMonkeyguide reserves the right to change, supplement or delete the content of this website, as well as its structure and function at any time without prior notice, at its discretion, without removing any obsolete content or characterizing it as such. MyMonkeyguide may block access to the website in whole or in part for users or make access dependent on compliance with certain conditions. MyMonkeyguide makes no explicit or implicit guarantees regarding the availability of the website or its functions, or the absence of defects. Nor does this include any guarantee that the website and its underlying infrastructure are free of viruses and other malicious programs. Furthermore, MyMonkeyguide does not assume any guarantee that the content of the website has not been modified due to technical deficiencies or by unauthorised third parties
5. Limitation of liability in Part I of the General Conditions
The liability of MyMonkeyguide , its legal representatives and independent contractual partners, its own employees and managers, as well as liability for damages related to their access (or inability to access) the website or errors or omissions or the results of the use of the website, regardless of their legal basis, is excluded; this does not apply to liability for intentional or grossly negligent damage and only to the extent that the applicable law permits it. As a result, the limitations of liability do not apply in the context of warranties, injury to life, body and health, as well as to claims under the Product Liability Act.
6. Third-party content, links to other websites
MyMonkeyguide does not assume any responsibility for the content of third parties (including bookable activities and related information), provided that these are offered through the website, as well as for content linked to or mediated by the website. MyMonkeyguide does not recommend or endorse such content and assumes no responsibility for it. If MyMonkeyguide links to third-party websites, use of such websites is at your own risk. MyMonkeyguide therefore recommends that you read the guidelines of the respective websites and check their details regarding the processing of personal data. If you suspect illegal content on the website, please send an e-mail to administracion@MyMonkeyguide.com.
7. Limited permission for the MyMonkeyguide application
8. Industrial property rights
Between you and MyMonkeyguide the website is and remains protected by copyright and/or other intellectual property rights (including competition law). You do not acquire any rights in the Website or the names, trade names and trademarks of any kind (including trade marks) published on the Website. You are permitted to access and display the Site, but not to incorporate or copy, display, license, publish, download, upload, post or otherwise make available the Site to other websites without our prior written permission.
10. Applicable law and jurisdiction
The law of the Federal Republic of Spain shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. If you have made the use as a consumer and have your habitual residence in another country at the time of use, the application of the mandatory legal provisions of this country shall not be affected by the choice of law in sentence 1. The exclusive jurisdiction is Spain, provided that the user is a merchant in the sense of the Spanish Commercial Code or does not have a fixed place of residence in Spain. Legally binding jurisdictions are not affected.
1.1 MyMonkeyguide operates an intermediary platform for tourist offers in the form of an online offer via the Internet and applications (hereinafter jointly referred to as “MyMonkeyguide platform”). On the MyMonkeyguide platform, users have the opportunity to find and book tourist tours, activities and experiences worldwide. The online offer includes guided tours, cooking classes, guided bus tours, canal boat tours, sightseeing tickets and other services. The offers are offered by a large number of local providers from all over the world (“provider”) with whom the respective contract for the tourist service is created (“service contract”). The services of the providers can be accessed via the information on the MyMonkeyguide platform , and orders can be placed.
1.2 MyMonkeyguide is aimed at both consumers and business people. For the purposes of these General Terms and Conditions it is valid:
a. A “Consumer” is any natural person who concludes the contract for purposes that cannot be attributed predominantly to any economic or self-employed activity (article 13 of the Spanish Civil Code).
b. An “Entrepreneur” is a natural or legal person or a company with legal capacity who acts on conclusion of the contract in the exercise of his economic or self-employed activity (§ 14 Paragraph 1 BGB).
c. The “User” means a natural person, unless he or she is expressly registered as a legal person with MyMonkeyguide . The use of acts or omissions by virtue of registration of a legal person shall be attributed to the natural person, unless they are performed within the framework of its power of attorney for the legal person. “User” also includes users mediated by sub-intermediators.
2. Purpose of Part II of these General Terms and Conditions
These terms and conditions apply to any use of the MyMonkeyguide platform, for example, via the Internet and applications. The contractual relationship between the user and MyMonkeyguide basically only includes the appropriate intermediation of the user with the respective service provider or the transmission of data on users who are intermediated by a sub-intermediator. MyMonkeyguide does not act as an organiser, lessor, seller or other contractual partner with regard to the service contract with the user. For offers on the MyMonkeyguide platform and the intermediation of users with the provider, this part II of the MyMonkeyguide General Terms and Conditions therefore applies. For the use of the MyMonkeyguide platform by cooperation partners (sub-intermediators/cooperation partners), this Part II of the General Terms and Conditions applies, subject to special contractual agreements concluded with the respective cooperation partner. The contractual conditions of the providers according to Part III of these General Conditions apply to the respective service contract between the user and the provider.
3.1 The use of the MyMonkeyguide platform offer can generally be made anonymously.
3.2 Certain uses of the MyMonkeyguide platform, such as requesting reservations, require registration. By registering, the user submits an electronic registration form and accepts the General Terms and Conditions. Registration by MyMonkeyguide is only concluded with confirmation of the user address specified by the user. Natural persons must be at least 18 years of age to register. The user must keep the password assigned by him/her secret and adequately prevent the possibility of third parties gaining knowledge of it.
3.3 The creation of more than one user account for the same natural or legal persons is not permitted. The user account is not transferable.
4. MyMonkeyguide Services / Contract Conclusion
4.1 Once the user has entered the requested services on the MyMonkeyguide platform (e.g. journey destination, type of journey, start time, number of participants and price options), MyMonkeyguide will show the user the information about the providers’ services (“information about the services”). On the basis of this information, and after checking availability, if applicable, the user can make a contractual offer, by means of his order, to be sent to the respective provider, with the sub-intermediaries acting, in this case, on behalf of the mediated user. This happens after selection and transfer to the shopping cart by clicking on the button “confirm with obligation to pay”.
4.2 The user is obliged to his binding offer for five working days. For further information, please refer to No. 5 of the General Terms and Conditions of the Travel Suppliers in Part III.
4.3 MyMonkeyguide will notify the user of the transport and general conditions of the suppliers for their contractual relationship with the user and for their services. These can be found in the respective offers. The user is responsible for complying with these conditions himself. The provider reserves the right not to allow the user to carry out an activity, or to exclude him, if he does not comply with the conditions. In this case, the price paid will not be refunded.
4.4 MyMonkeyguide will provide the user with a reservation confirmation issued in the name and on behalf of the provider, as well as a payment confirmation. The use of the MyMonkeyguide platform itself is essentially free of charge for the user. The costs for technical access to the MyMonkeyguide platform (e.g. Internet access) must be borne by the user. MyMonkeyguide is entitled to collect the amounts invoiced in the name and on behalf of the provider.
4.5 MyMonkeyguide will forward the data for the use of a provider’s service to the user in accordance with the applicable conditions (such as the data on the tickets), once they have been received from the provider.
4.6 MyMonkeyguide does not assume any guarantee for the accuracy of the data forwarded or for the provision of services by the providers, as all the information indicated and transmitted is based on data from providers or third parties that MyMonkeyguide cannot verify in detail.
5. Paying at MyMonkeyguide
5.1 The service contract concluded with the supplier shall apply to the remuneration to be paid by the user for the supplier’s services.
5.2 MyMonkeyguide is authorised to collect the amounts invoiced in the name and on behalf of the supplier, unless expressly stated otherwise in the supplier’s invoice. In the event that the user has to pay the debt in a currency other than his/her national currency (debt to be paid in foreign currency), MyMonkeyguide may demand payment in the user’s national currency, converting the debt into foreign currency on the basis of the exchange rate in force at the time the contract is concluded. MyMonkeyguide may charge the user a reasonable conversion fee.
5.3 The user’s contact person in connection with a service contract and his remuneration is the respective provider as a contractual partner. The user can only claim the reimbursement of a remuneration against the respective provider. The provider can also make a refund granted by the provider via MyMonkeyguide . In order to simplify the process for the user, communication via MyMonkeyguide is recommended.
5.4 The user must register to use the MyMonkeyguide payment functions. The user must provide accurate payment information and update any changes immediately. MyMonkeyguide can refuse to accept the means of payment indicated by the user. The permitted payment methods for the respective service are shown to the user in the order process.
5.5 By authorizing payment, the user agrees that his payment information will be used to collect remuneration from the creditor. MyMonkeyguide reserves the right to make use of MyMonkeyguide’s payment function depending on a review of the user’s required creditworthiness.
6. MyMonkeyguide prices
6.1 All prices in MyMonkeyguide are quoted per person and include VAT and all other taxes. Local taxes may be charged additionally.
6.2 These prices, which are set by the suppliers, may be subject to special conditions, for example with regard to cancellations and the refund of payments made. Therefore, please check before booking exactly whether the respective service contract is subject to different regulations.
7. MyMonkeyguide Best Price Guarantee
7.1 MyMonkeyguide wants users to pay the lowest possible price for the respective service. If users find the offer they have booked via MyMonkeyguide , with the same conditions (city, number of people, availability) and at a lower price on the Internet, MyMonkeyguide will unilaterally and voluntarily settle the difference between the price paid via MyMonkeyguide and the lowest price found and available on the Internet.
7.2 All special offers and promotional campaigns are marked as such.
8. Duties and obligations of the user
8.1 The user will keep the registration data (username and password) secret and will not allow third parties to access the MyMonkeyguide portal using their registration data. The user is responsible for all use of his or her MyMonkeyguide portal user account.
8.2 After receiving the service information, the user can send any order to MyMonkeyguide for forwarding to the supplier.
8.3 The user will indemnify MyMonkeyguide from any claims by third parties based on his use of the MyMonkeyguide platform, unless they are the responsibility of MyMonkeyguide .
9. Availability and guarantees
9.1 There is no entitlement to availability, quality or features or support for the MyMonkeyguide platform. MyMonkeyguide may redesign, restrict or suspend its MyMonkeyguide platform at any time at its sole discretion. Any user agreements that exist with a provider, as well as their execution, will not be affected by such changes.
9.2 MyMonkeyguide assumes no guarantee for the accuracy or completeness of data provided by third parties (such as other suppliers).
9.3 MyMonkeyguide does not assume any guarantee for the services offered by the suppliers. The respective provider will be the user’s contact person for questions and complaints regarding a service contract and its implementation.
9.4 Insofar as MyMonkeyguide does not have any obligations towards the user, MyMonkeyguide does not assume any guarantee either.
10. MyMonkeyguide’s liability
10.1 Insofar as MyMonkeyguide has not assumed the corresponding contractual obligation by express agreement with the user, it will not be responsible for the execution of the contracts that correspond to the user’s reservation request, with the suppliers to be intermediated.
10.2 Without any express agreement or guarantee, MyMonkeyguide will not be responsible, in relation to the services mediated, for deficiencies in the provision of the service and for personal or material damage suffered by the user in relation to the travel service mediated. This does not apply in the event that several main tourist services are provided (in accordance with the legal term “tourist package”), unless MyMonkeyguide is giving the impression that it is providing the planned tourist services under its own responsibility, in accordance with § 651a para. 2 BGB.
10.3 Any liability on the part of MyMonkeyguide itself due to culpable breach of obligations in the mediation of contracts is not affected by the above-mentioned conditions.
10.4 MyMonkeyguide’s liability for the user’s contractual claims is limited to three times the price of the tourist services purchased, except
● any violation of an essential obligation which must be fulfilled in order to enable the proper performance of the brokerage contract or the violation of which jeopardises the fulfilment of the contractual purpose
● liability for damage suffered by the user due to injury to life, body or health, which is based on a negligent breach of duty by MyMonkeyguide or a wilful or negligent breach of duty by a legal representative or vicarious agent of MyMonkeyguide
● MyMonkeyguide’s liability for other damages suffered by the user due to a grossly negligent breach of duty by MyMonkeyguide or for a wilful or grossly negligent breach of duty by a legal representative of or vicarious agent of MyMonkeyguide .
10.5 For simple negligence, MyMonkeyguide is only liable for the violation of an essential contractual obligation and only for foreseeable, typical damage. Essential contractual obligations are obligations that must be fulfilled in order to enable the proper execution of the contract and on whose fulfilment the user must be able to rely on on a regular basis.
10.6 The restrictions of liability do not apply in the area of guarantees issued, in the case of injury to life, limb and health, or to claims based on the Product Liability Act.
Users can cancel their registration on the MyMonkeyguide portal at any time by blocking their user account. MyMonkeyguide can unilaterally cancel a registration one week in advance. Claims that have arisen previously will not be affected. The right to extraordinary termination is not affected.
12. Evaluation function
12.1 Users have the opportunity to personally influence the content of the MyMonkeyguide platform by writing travel reports in the form of reviews or publishing images (“user content”). Users are fully responsible for the user content they have published and take responsibility for it. They ensure that the content is correct and guarantee that the content does not contain misleading or illegal statements or data. In addition, users guarantee that the content does not violate the rights of third parties. MyMonkeyguide does not under any circumstances and in any way assume ownership of the user’s content, but simply provides a platform.
12.2 MyMonkeyguide can use user content in various ways. This includes, e.g., displaying it on the website, reformatting, editing for clarity or better grammar, incorporating it into advertisements or other works.
12.3 MyMonkeyguide may remove user content as necessary and, at its discretion, or republish it. For example, MyMonkeyguide may remove user content if it violates MyMonkeyguide’s principles for content, in MyMonkeyguide’s opinion. MyMonkeyguide is not required to store copies of user content or provide such copies. MyMonkeyguide does not guarantee the confidentiality of User Content.
12.4 MyMonkeyguide , its sub-intermediators and its (distribution) partner may display advertisements and other information alongside or at the same time as the user content, on the website as well as in other media. Users are not entitled to remuneration for these advertisements. The type and scope of these advertising measures are reserved, and the user does not need to be specially notified of them.
12.5 The users fully exempt MyMonkeyguide from all claims by third parties (including reasonable costs for legal action and defence), upon first request, that these third parties have against MyMonkeyguide with regard to the content published by the user. This will be valid even if the disputed content is no longer accessible via the MyMonkeyguide platform, and will not apply if MyMonkeyguide is responsible for the legal infringement. Users must immediately, truthfully and completely provide MyMonkeyguide with all the information required to verify the claims and defend themselves in the event of any complaints from third parties.
13. Data protection
13.1 MyMonkeyguide collects and uses personal data from users to the extent necessary for the creation, content design or modification of the MyMonkeyguide contractual conditions between the user and MyMonkeyguide .
13.2 If MyMonkeyguide is involved in the communication of a service contract between the user and the respective provider, it will transfer the data required for this agreement to the respective provider. This provider processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective provider results from the booking dialogue.
14. Amendments to these General Terms and Conditions
14.1 MyMonkeyguide reserves the right to modify these General Terms and Conditions at any time and without giving reasons. MyMonkeyguide will only make those modifications in relation to consumers that the user must reasonably accept in consideration of the interests of both parties. This concerns, for example, cases where the principle of equivalence has been disturbed, as well as gaps and changes in legislation. The amended conditions will be sent to users by e-mail no later than two weeks before they come into force. If a user does not object to the validity of the new Terms and Conditions within two weeks of receiving the e-mail, the amended Terms and Conditions shall be deemed to have been accepted. MyMonkeyguide will especially draw the user’s attention to the importance of this two-week period in the e-mail containing the amended terms and conditions.
14.2 The General Terms and Conditions may be amended at any time and without prior notice for the purpose of making new reservations. The respective conditions valid for each of the new intermediations shall apply.
15. Other provisions
15.1 These Conditions constitute the entire agreement between MyMonkeyguide and the user. There are no other supplementary agreements.
15.2 The Law of the Federal Republic of Spain will be applied, excluding the United Nations Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and, at the time of the order, your place of habitual residence is in another country, the application of the mandatory legal provisions of this country are not affected by the choice of law made in sentence 1. The exclusive jurisdiction is Spain, provided that the user is a merchant in accordance with the Commercial Code, or does not have his permanent residence in Spain at the time of filing the suit. Legally binding jurisdictions are not affected.
15.3. Should the provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
III. General Conditions of Travel Suppliers and other Tourist Services
These General Conditions in Part III apply to all contracts concluded between providers and users through the MyMonkeyguide platform. This also applies if access to the MyMonkeyguide platform is via the platform of or through a collaborating partner or sub-intermediator.
2. True information
The data transferred through the MyMonkeyguide Platform must be true. The provider reserves the right to withdraw from the contract or exclude the user from participating in the service and to demand compensation equivalent to the cancellation costs, in accordance with Section 11 of this Part III of the General Terms and Conditions, if the user has provided incorrect information.
3. Arrival at the meeting point and compliance with provisions
You are responsible for arriving on time at the communicated meeting point. If you are coming from abroad to participate in the activity, you are solely responsible for travel documents (passport, etc.), compliance with health regulations, etc.
4. Additional conditions of participation or transport
If the supplier includes in the contract, in addition to these General Terms and Conditions of Business in accordance with this Part III, other conditions of participation or of carriage, you shall be responsible for compliance with these additional conditions of participation or of carriage yourself. The supplier reserves the right to exclude participants from the activity who do not comply with these conditions.
5. Binding nature of the application
The contract between you or the user mediated by you and the provider will be concluded once the provider has accepted your binding application. By booking a trip or other activity, you are making the provider a binding offer to which you or the user mediated by you will be bound for five working days. If the provider accepts your offer within this period, the contract will be concluded in a binding way. You, or the user mediated by you, will be notified of this by e-mail.
The total price agreed for the service mediated through MyMonkeyguide is due to the conclusion of the contract.
7. Information on the right of withdrawal
The provider points out that, in accordance with the statutory provisions (§§ 312(2) No. 4, 312(g) No. 9 (2) Sentence 1 BGB)) in the case of tourist service contracts concluded at a distance (i.e. via the MyMonkeyguide platform) there is no right of withdrawal, only statutory rights of cancellation and termination.
8. Personal liability of an insurance company
The price of the services does not include any insurance. You are responsible for providing yourself with sufficient insurance coverage. The need for insurance depends on the reserved activity.
9. Unpaid services
If you or the user whom you have mediated do not pay for the reserved service in accordance with the agreed payment dates, even though the provider is prepared and able to perform the contractual service correctly, and there is no legal or contractual right of retention on your part or on the part of the user whom you have mediated, the provider is entitled to terminate the contract and to charge you or the user whom you have mediated the cancellation costs in accordance with point 11, upon notification with a deadline.
10. Exchange of communications
All messages between you or the user you have mediated, and the provider will be made through the MyMonkeyguide Platform. In the interest of quick management, we recommend that you only use the forms provided by MyMonkeyguide .
11. Cancellation Policy
11.1 In the event that you cancel the activity (cancel), the cancellation conditions specified in the product description and indicated in your voucher shall apply. MyMonkeyguide advises the user to read the information in the product description carefully.
11.2 In the event that the cancellation conditions in the product description of your supplier do not differ, the supplier of the tourist services will charge you the following cancellation fees:
a. Up to 24 hours before the start of the activity: full refund
b. After 24 hours before the start of the activity or if there is no: no refund
11.3 You, or the user you have brokered, are in any case free to prove to the Provider that the latter has not suffered any damage or a damage substantially less than the overall amount required by the Provider.
11.4 The provider reserves the right to request higher and more specific compensation in lieu of the above-mentioned lump sums, insofar as the provider proves that he has incurred substantially higher expenses than the corresponding lump sum. In this case, the provider is obliged to quantify and prove the concrete compensation required, taking into account the saved expenses and any other use of the services.
11.5 The reimbursement shall be paid by the means of payment used. For credit cards with a monthly charge, the amount is credited at the end of the current billing period. The exact date of the refund depends on the user’s credit card agreement. Refunds via an account are made within seven banking days.
12. Extraordinary cancellation
If weather conditions, administrative measures, strikes or other unforeseeable or unavoidable external circumstances (in particular force majeure) prevent the activity from taking place or make it extremely difficult or dangerous, the supplier may cancel the agreed activity for a certain date without notice. In this case, the price paid will be refunded.
13. Exclusion of participation
The provider has the right not to allow you to participate or to exclude you from an activity if you do not fulfil the conditions of participation yourself, if your participation would endanger yourself or others, or if you would otherwise disturb the execution of the activity for a long time. The same applies to users who have been intermediated by you. In these cases, the price paid cannot be refunded.
14. Changes to the program
Otherwise, the supplier reserves the right to make slight changes to the program, if it becomes necessary due to unforeseeable or unavoidable circumstances.
15. Further conditions
The respective offers may contain other conditions or regulations that differ.
16. Time zone
For time and deadline calculations, the supplier’s time zone will prevail.
17. Liability of the supplier of the travel or tourist service
Under the applicable law, the provider is liable for its services, liability being excluded to the extent permitted by the applicable law.
18. Modification of these General Conditions
The General Conditions of the travel supplier and other tourist services in Part III may be changed for future bookings, at any time and without notice. The conditions that exist for each individual reservation are valid, respectively. The user is not entitled to have future bookings completed in accordance with the existing conditions.