These are the Club Canary terms and conditions that you must agree to before making a booking on our website.
1. Customer booking
2. Club Canary price guarantee
3. The price you pay
4. When we change your booking details
5. When we cancel your booking
6. Big changes to your excursion
7. Responsibility for your excursion
8. Making a booking without following our instructions
9. Pick-up service offered
10. Personal injury
11. Your contract
12. No ticket received
13. Free cancellation policy
14. Not cancelling on time or failing to show up – arriving late
15. Refund policy and handling complaints
16. Customer reviews and feedback
17. Requesting PayPal refunds
18. Customer behavior and consequences policy
19. Reject customers
20. Courts of jurisdiction and legislation
21. Website content
Club Canary’s Agreement With You
Our agreement with you sets out what you are legally entitled to expect from us when you buy an excursion or ticket from us and will not apply to any course of dealings between us other than the excursion purchased in the Canary Islands, and sold by the entity shown on our website. Please read these terms and conditions carefully, before you book, to see how they affect your specific excursion arrangement made by us.
You are given the ability to obtain excursion, activity, attractions and ticket services (referred to as ‘excursions’), subject to the acceptance of these booking terms and conditions, in accordance to the rates, prices and conditions of cancellation displayed in the website at the moment of booking.
Whether you book alone or as a group, Club Canary will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations. You must be 18 years old at the time of booking and possess the legal capacity and authority to book as the lead name and enjoy an excursion with Club Canary, and take up the offers advertised by us if they are still available. You are responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation there to, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.
It is your responsibility to ensure that you, and your party agree with the supplier’s terms and conditions and the relevant health and safety instructions. It is your responsibility to declare any health problems that may prevent you or any party member from participating in the excursion or that may cause potential risk to yourselves or others. Some excursions may have certain restrictions based on age, health, weight and/or height, which have been imposed by the supplier. For your own safety, we urge you respect and follow them. It is your responsibility to ensure you and your party read all literature carefully for details of the level of the excursion and the necessary experience (if any) and/or skills required. Group sizes may vary from 1 to 150 participants. If the excursion you choose does not expressly indicate that it is suitable for less mobile people, it is unsuitable for people with mobility issues. Please be aware that some excursions do carry an element of risk and it is your responsibility to ensure that the excursion is suitable for you and/or your party and that you are healthy enough to join in. Club Canary urge you to check that you have suitable and valid insurance for your excursion and optional extras. It is your responsibility to declare any material facts including known medical conditions to your insurers, as failure to do so may result in a claim being reduced or declined. It is highly advised when you book with Club Canary, that you and all other members of your party, including infants and children, are adequately insured on holiday. Any person who is under 18 years old must be accompanied by an adult on his or her excursion with Club Canary. Certain trips may also be undertaken by children only if parents grant permission, it is up to the Club Canary partner in question to pay attention to this when checking the reservation. There may be other restrictions and conditions on some offers, but these are explained in the details of those offers. Confirmation of your booking will be provided in a digital or printed ticket by our Club Canary team (optionally sent to an email address supplied by you instead) if you do not receive this please contact us. The contractual terms of Our Agreement apply between you and us because you have chosen an excursion with Club Canary.
-At the booking process, we will request personal data like your name, surname or credit card details. All of the data collected will be treated in accordance with our privacy policy.
All Club Canary excursions are covered by our best value guarantee. This means that you can be sure that you will not find the same great value excursion for a lower price anywhere else. If you do, we will refund you the difference subject to the conditions detailed below.
Value guarantee conditions: This guarantee applies to Club Canary excursions. To claim your refund of the price difference, you must provide documented evidence of the cheaper excursion more than 48 hours prior to the excursion start time. for documented evidence, we shall accept any published material where all conditions of the excursion can be verified like a current printed brochure or website screenshot including valid URL. The excursion must be identical to that offered by Club Canary, and shall not be part of a package, in terms of currency, itinerary, content, stops length of the excursion, bus quality, language and number of languages spoken and service is given. Excursions must operate during the same calendar week Mon-Sun. The value guarantee does not apply to unlicensed and illegal traders in the Canary Islands and excludes special offers.
The prices on our website are accurate at the date published, but Club Canary reserve the right to change any of those prices from time to time. The price of the excursion that you will pay to us when you confirm your booking includes: all services specified on the booking confirmation.
-Corresponding VAT.
The price does not include any service that is not specified in the booking confirmation.
We hope that we will not have to make any change to your excursion but sometimes we do need to make changes. Club Canary reserve the right to do this at any time. We will let you know about any important changes when you book. If you have already booked, we will let you know as soon as we can, if there is time before your excursion. Excursions timings shown by us may change. Your confirmation ticket will show the latest planned timings. Your actual timings will be shown on your official ticket which is sent or confirmed by a Club Canary worker, which you should check carefully as soon as you receive it.
Club Canary always aim to provide your excursion as booked. But if, for example, there are not enough people booked on your excursion, there is a chance we need to cancel it. We reserve the right to cancel your excursion in any circumstances but if we cancel your excursion, you can either have a refund or accept another excursion from us of equivalent or similar standard and price, if we are able to offer you one. Should you choose this option the terms and conditions of your excursion will not change and these conditions will still apply to your booking. In either case, we will always refund the difference in price if the replacement excursion is of a lower standard and price.
At Club Canary, we are committed to facilitating access to a variety of excursions, ensuring they meet our standards for quality and safety, while clarifying that we are not the direct providers of these tours. However, there are occasions when significant changes are necessary due to factors beyond our control, such as severe weather conditions or operational issues with our partners.
If we inform you of any major changes after your booking has been confirmed, you have the following options:
Accept an alternative excursion: You may choose to accept a substitute excursion of equivalent or similar value and quality, provided one is available. This alternative may be offered by another entity within our group. Opting for this alternative ensures that the original terms and conditions of your booking continue to apply. We are committed to maintaining the quality and enjoyment of your experience, even when adjustments are necessary. Once you accept an alternative excursion, any subsequent requests for refunds because the activity differs from what was originally booked will be declined. By accepting the alternative, you acknowledge satisfaction with the resolution provided.
Non-acceptance of major changes: If specifically stated in the policy section of the booking page for your particular activity, you may be eligible for a refund. This is in line with the unique policy applicable to certain activities like paragliding, private boat trips, car rental, private jet service, company outings or special events, where different refund rules apply due to the nature of the activity. Please be aware that often, not a full refund is offered to cover basic administrative work and transaction fees. This partial refund approach ensures that essential operational costs incurred by Club Canary are managed, even as we strive to accommodate our customers’ needs fairly.
Clarification regarding activity-specific policies: Each activity offered by Club Canary may have specific terms detailed on the booking page. By accepting the terms and conditions at the time of booking, you acknowledge that you have reviewed these specific policies and agree to abide by them. It’s important to understand that refund options can vary by activity, and these stipulations are clearly outlined to ensure transparency and prevent misunderstandings.
Club Canary is not liable for disruptions or cancellations caused by events beyond our control. Such events include but are not limited to war, riots, civil disturbances, terrorist activities, industrial disputes, natural and nuclear disasters, fires, severe weather conditions, epidemics, pandemics, and unavoidable technical problems with transport, such as those affecting our suppliers or infrastructure including closed or congested airports and ports.
While these events are typically beyond our control and do not generally entitle customers to a refund, Club Canary reserves the right to evaluate each situation on a case-by-case basis. Depending on the specifics and the potential impact on our services, we may choose to offer refunds or alternative compensatory measures. This discretionary approach allows us to provide fair and reasonable responses to exceptional circumstances, maintaining our commitment to customer satisfaction.
In extreme situations, neither Club Canary nor Schijvens Group SL is obligated to provide refunds, as such incidents should normally be covered by the client’s travel insurance. It is not feasible for Club Canary to compensate everyone for events outside of our responsibility. Ultimately, it is at Club Canary’s discretion to decide on the appropriate course of action and what, if any, compensation may be offered to the client.
Acknowledgment of Terms
By agreeing to our terms and conditions at the time of booking, you confirm that you have read, understood, and agreed to respect the provisions laid out, including our policy on Circumstances Beyond Our Control. You acknowledge that the responses and offers announced by Club Canary in such situations are deemed reasonable and appropriate, considering the unforeseeable nature of these events.
Club Canary will coordinate the services comprising the excursion you select and that we confirm. These services will be delivered by independent local suppliers at the destination, which we have contracted. We are committed to ensuring that each component of your booked excursion is delivered to a reasonable standard and corresponds with our advertisements (or as modified and agreed upon by you).
We diligently ensure that all services included in your excursion are provided by local businesses. These businesses are expected to adhere to local standards. It’s important to note that while we select suppliers known for their reliability and compliance with local norms, we cannot be held liable for any unforeseen failures on their part. Should there be any dissatisfaction regarding the quality of the services provided, please bring it to our attention promptly so we can address it in accordance with our terms and conditions.
Your Agreement With Us
Club Canary is a very busy tour company, working with over 120 partners. About 70% of these partners are small businesses and work quite old-fashioned. These companies only take bookings from tour companies over the phone, and record all the reservations in a log book. This log changes every 5 minutes and is virtually impossible to update online, even if Club Canary tries to do so, it will always be more guidelines than exact availability data.
Important Notes Everywhere On The Website
Because of this, Club Canary has mentioned many times on the website and on social media that booking ahead is necessary. Should you not do this, you should follow the clearly stated booking advice above the shopping cart button of the product in question. This message normally states that if you book within a certain time frame you must first contact Club Canary customer service to check availability. When you accept our terms and conditions it means that you have valued the booking notifications and have followed the advice given by the Club Canary website, or that it was not applicable to the experience you were booking. However, should you have broken this rule and ignored the unmissable booking notifications, and your booked experience is not available you accept the following terms and conditions by agreeing to these terms and conditions:
Please note if you choose to take another excursion, or reschedule to another day. You are not entitled to cancel this experience for a refund. You may, however, reschedule the day 1 time for free up to 48 hours in advance. (These problems cause Club Canary great expense, due to: additional staff work time, often lost advertising fees and transaction fees).
Some Club Canary activities and services always include a pick-up service and others offer this as a gift for your reservation. When you book with us and it says “pick up service in the south of Tenerife” it means the tourist area where most tourists stay and where the hotels are located. South Tenerife includes: Los Cristianos, Playa de las Américas, Costa Adeje, La Caleta and Playa Paraíso. Anything beyond that does not, or this must first be agreed with a Club Canary staff member. Canceling your activity because you find out after the booking that your accommodation falls outside the free pick-up service of your booked excursion is not acceptable. In addition, the pick up service is under the responsibility of our partner. Club Canary should provide the correct meeting time and location on your ticket, but it is up to the partner in question to arrive on time and up to you to be ready on time. This service may not be available even if it is indicated that it is. This may be because the pick-up transport is broken, or you have booked rather last minute and all the places in the transport are fully booked. It may be that a small compensation is searched for to cover the Taxi costs, but Club Canary is not obliged to do so.
Club Canary is not responsible for any Illness, suffer injury or death directly as a result of any excursion/trip you bought with Club Canary. In accepting these conditions you agree that in any of the above cases Club Canary will not be responsible or financially accountable. However, you do allow in the event of a major accident, that we may share your information with local authorities or family/spouses of yours.
When you confirm your booking, you are accepting on behalf of all persons under the booking that the terms of this agreement, constitute the entire agreement between us with regard to your booking and your excursions arrangements. You also consent to our processing personal information about you and other members of your party. Where the context permits, reference to ‘you’ and ‘your’ will include you and all persons under this booking. It is your responsibility to comply with all passport, visa and other immigration requirements. Your passport and travel documents must be intact, you may be refused travel if they are damaged or have been tampered with. Club Canary does not accept any responsibility if you cannot travel because you have not complied with these requirements.
It is your responsibility to give Club Canary correct contact information about you. This includes a telephone number + country code and an email address. If we have received false information and are unable to reach you via WhatsApp or email, you are responsible and will not be entitled to a refund as this will cover any possible losses. Club Canary reservations must always be manually confirmed and transmitted, therefore bookings can only be confirmed during Club Canary’s business hours. After your reservation you will receive an email with information on how to contact Club Canary via WhatsApp with your order number. Club Canary WhatsApp number (+ 34 604 10 50 55) is a business number which means that by law, we cannot send you a message from this number first, and therefore you must start the conversation with us.
At Club Canary, we understand that flexibility is crucial, especially when planning an unforgettable experience in Tenerife. We offer a diverse array of activities, including supercar hire, private jet services, and deluxe Siam Park tickets, each with specific cancellation policies tailored to the nature of the service.
Key Points to Note:
Booking Changes And Cancellation Flexibility at Club Canary
Sometimes, Club Canary receives requests to change the booking to another date. While we strive to accommodate where possible, it’s important to understand that if this request falls outside the original free cancellation policy, and Club Canary crew agrees to the change, the flexibility of free cancellation or the option for a refund (including the deposit) may no longer apply, unless explicitly stated otherwise by a Club Canary agent. This policy is in place to prevent situations where a change of date—essentially a favor—could be exploited to cancel for free subsequently. Additionally, if on your changed date the tour or trip gets cancelled due to weather conditions or other reasons beyond our control, Club Canary will do its best to find a suitable alternative. However, if this is not possible, please be aware that you do not have the right to a refund (at least for the deposit) since it was a favor to change your date.
At Club Canary, each partnership we engage in comes with strictly enforced cancellation policies. Normally, the deposit paid by the client does not cover the full penalty for cancellations, which is why many tour companies require full payment upfront. However, Club Canary offers flexibility by allowing bookings to be secured with just a deposit. If you cancel within the agreed terms, there are no additional costs beyond the deposit. In many cases, if the cancellation occurs within the free cancellation period, your deposit will be refunded.
Cancellation policy transparency: Specific cancellation policies, including penalties for late cancellations or no-shows, are detailed in the policy section of each booking page on our website. By accepting our Terms and Conditions during the booking process, you acknowledge and agree to adhere to these terms.
Acknowledgment and compliance: It is common for clients to miss their bookings due to oversleeping, missing the bus, or being at the wrong location. When clients fail to cover the associated costs as outlined in our policies, and choose to ignore their financial responsibilities, Club Canary must take decisive action. If the outstanding fees are not paid, Club Canary is left with the financial burden, which requires us to justify the uncollected payment. Failure to collect these payments could be misconstrued as financial impropriety on our part.
Therefore, non-payment compels us to file an official fraud report, even for smaller amounts. This step is crucial not only to recover the owed amounts but also to maintain transparent and legal accounting practices. Ignoring your obligation to pay the due fines is treated as an attempt to evade payment. This could lead to legal proceedings and communication with your bank. Additionally, such incidents will be reported to payment processors like Stripe, and your payment method may be flagged as untrustworthy for future online purchases.
Legal and financial consequences: Please understand that adherence to our cancellation policies is crucial not only for the smooth operation of our services but also for maintaining our business integrity and compliance with accounting regulations. When these policies are not followed, and the associated fees remain unpaid, Club Canary is required to file an official report. This is a standard procedure we must follow regardless of the amount involved.
This reporting is not intended as a punitive action but is a necessary step to ensure transparency and legality in our financial practices. What happens next is up to the authorities, and while it may not always lead to significant legal consequences, it can complicate matters unnecessarily. We aim to provide an exceptional experience and want your holiday to be memorable for the right reasons. Filing reports over uncollected fees is something we strive to avoid, as it does not contribute to the positive experience we wish to offer.
We ask that you carefully review and fully understand the cancellation policies related to your booking. Compliance with these policies ensures the continued high quality of services offered by Club Canary and prevents any unpleasant financial or legal consequences for all parties involved.
Club Canary is committed to ensuring a seamless booking experience. However, once you participate in an experience, the responsibility for service quality shifts to our third-party partners. Club Canary does not issue refunds directly unless explicitly permitted in writing by the experience provider. This is subject to the refund aligning with our terms and not conflicting with other conditions. Requests for refunds submitted less than 48 hours post-experience will only be considered under exceptional circumstances, such as a medical emergency with supporting documentation. Refund requests made later than 48 hours after the experience will generally not be entertained, and Club Canary is not obliged to respond to these requests, unless substantiated by significant reasons like hospitalization. This measure is in place due to numerous instances of unjustified refund demands following holiday periods.
Handling Complaints:
Club Canary oversees the booking process but is not present during the actual experiences. Responsibility for the conduct of the activity lies with our partners, whose rules, licenses, and policies apply. Should you have any complaints during your experience, it is essential to address them directly with the service provider on-site. If the complaint is acknowledged by our partner and a refund is deemed appropriate, they must contact Club Canary to facilitate this process. If our partner offers a partial refund or compensatory gesture (e.g., free photos), and you accept it, this is considered a resolution to the complaint. Further demands post this resolution are not valid and will not be entertained.
By accepting these terms, you acknowledge that Club Canary’s role is limited to facilitating bookings and that any grievances related to the actual experiences must be resolved directly with the service provider.
Club Canary strives to offer the best experiences, but we are not directly responsible for the performance of individual activities or their staff. We encourage you to share your genuine feedback on the specific page on our website where you booked the experience. This not only helps inform future travelers but also maintains transparency. Please ensure your feedback is constructive and directly pertains to the experience booked. Reviews that are posted on our third-party platforms and do not directly relate to the services provided by Club Canary can lead to confusion. By agreeing to these terms, you acknowledge that Club Canary reserves the right to request the removal of any review that is misdirected or posted out of frustration, which could be perceived as an attempt to influence a refund. This behavior is considered a form of blackmail under our policy. Furthermore, having accepted our terms and conditions, you accept that requests for review removal on platforms like Google, Trustpilot, Trip Advisor, Facebook, Yelp, or Trust Index must be honored if it’s evident the review is not about a Club Canary experience.
Feedback:
Club Canary is committed to providing exceptional service. While we cannot issue refunds without our partner’s permission, we are open to listening to your feedback. We may issue a warning to our partner or discontinue our partnership based on the feedback received. In cases where a refund is permissible, Club Canary can only return the amount up to what you have paid us, specifically the deposit. The balance is handled directly by the partner, and we can’t touch this. If you are not satisfied with the resolution offered, you may contact the partner directly to request a complaint form. Remember, feedback about our staff must be substantiated with appropriate evidence.
At Club Canary, we accept PayPal as a convenient payment method on our website. However, paying via PayPal does not exempt you from our established policies or laws. When you agree to our terms and conditions and choose to pay with PayPal, you are subject to the same cancellation and refund policies as any other payment method.
In the event of a dispute, we will adhere strictly to the policies stated on the booking page and the terms and conditions you agreed to at the time of payment. During PayPal disputes, we typically provide screenshots and documentation, including a link to our terms and conditions (https://clubcanary.com/terms-and-conditions/), to support our case. This evidence helps PayPal make a fair decision based on the agreed-upon terms.
By agreeing to our terms and conditions, you acknowledge that during any dispute handled by PayPal or your bank, the adjudicator must take our terms, conditions, and policies into serious consideration and base their conclusion on these documents.
Bank Disputes
Similarly, if you disagree with our policies or solutions and decide to request a refund through your bank, the same principles apply. Your bank will review and make a judgment based on the policy selections and terms and conditions that you accepted during the checkout process.
When you engage with Club Canary, you agree to uphold standards of honesty and integrity. Under no circumstances will you engage in blackmail or coercive behaviors towards Club Canary, its company, or its workers. This includes:
• Threatening to post negative reviews if your demands are not met.
• Threatening to disseminate negative content on social media platforms relating to Club Canary or its employees.
• Uninvited and unwelcome visits to our office, refusing to leave when requested.
• Making threats or engaging in hostile behavior via live chat, phone, or in-person.
Consequences of Prohibited Behavior:
If you engage in any of the behaviors outlined above, Club Canary will document the incidents, including messages and video evidence. Engaging in such actions will result in a mandatory fine. If the fine is not settled within 10 days and no resolution is found, Club Canary reserves the right to cease all direct communication with you and will refer the matter to our legal counsel. Legal claims will then be initiated starting at 6,000€ for cases of general misconduct and escalating to 10,000€ or more in cases involving physical abuse or stalking of Club Canary staff.
Additionally, if disagreements arise because you do not agree with the terms and conditions or policies that you accepted at the time of booking, Club Canary reserves the right to terminate all communication and any previously made offers. You will be required to participate in a dispute resolution process where an impartial third party will judge the outcome of the case. Our goal at Club Canary is to ensure that all our clients have a pleasant experience. While it may be frustrating when policy outcomes do not align with your expectations, these policies are in place to protect the integrity of our tourist services and must be respected. Please always treat our staff and representatives with respect, as we strive to treat you.
Fraudulent Activities and False Claims:
In situations where there is evidence of severe misconduct or payment fraud, Club Canary is obligated to protect e-commerce integrity and will file an official fraud report. This may initiate an investigation involving scrutiny of your provided payment details, such as credit card and bank information. Club Canary retains the right to share your details with authorities if there is an assumption of scam or fraudulent payment activity.
Additionally, if false claims are made in an attempt to receive refunds, Club Canary reserves the right to request photo or video evidence from the day of the service from our partners. If footage reveals that the experience was enjoyed contrary to the claims made, this discrepancy will be treated as a fraudulent attempt to manipulate our refund policy. In such cases, Club Canary is compelled to file a fraud report. This measure is crucial in the tourism sector where some visitors may never return to the Canary Islands and could look for opportunities to illicitly reclaim money.
By agreeing to these terms, you acknowledge the seriousness of these policies and the implications of violating them.
Club Canary reserve the right to refuse to accept you as a customer or continue dealing with you. Reasons to reject you as a client could be: believe your behavior is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other person in the excursion or our staff or agents in any risk or danger, on the telephone, in writing or in person. For the purposes of this section refers to ‘you’ or ‘your’ includes any other person in your party.
These booking terms and conditions shall be governed by national applicable legislation of Spain (Canary Islands) where the excursion has taken place. Shall a conflict be taken to court by the parties they hereby submit and consent, expressly renouncing to any other jurisdiction, to the courts of law of the user’s/company place of residence.
Use of Imagery in Listings
Club Canary prioritizes authenticity in its visual representations. While many of our listings feature original photos, there are instances, particularly with bus tours, where we might employ edited or AI-generated imagery. This is to provide potential tourists a clearer picture of the expected experience when an original photo might not suffice.
For such listings, the first one or two images might be enhanced. We ensure never to exceed two edited images to avoid any misrepresentation. Claims for refunds based on discrepancies between the experience and these images won’t be entertained, as customers acknowledge and accept our terms and conditions during booking. We urge customers with any doubts to reach out to our agents for clarifications.
To summarize, while our photos aim to depict experiences as accurately as possible, some shots, like a drone image of La Gomera island, are used for their illustrative value rather than pinpoint accuracy. They capture the essence, not necessarily every detail.
Content And Styling Imitation
We value our brand’s uniqueness. Emulating our style, messaging, fonts, colors, logos, or slogans could lead to legal repercussions.
Photos & Videos
Many images on our website are the property of Club Canary, while others are used with explicit permission from our partners. All photos are distinctively marked by us, including those with special filters. Unauthorized commercial use of these visuals will incur charges:
Text Duplication
Our textual content is one-of-a-kind. Reproduction of these texts on other commercial platforms may lead to our legal team requesting evidence of your publishing dates. The same applies to content replication from our social media channels, which is seen as trademark infringement. Authenticity checks will involve our time-stamp blockchain technology and potential Google search ranking comparisons. The minimum charge to avoid legal proceedings in such cases is 4500€.
Club Canary has a large team working hard on the website on a daily basis. Copying content from us for your own interest is considered stealing.
By agreeing to these terms and conditions, you acknowledge that you have read, understood, and accepted all the provisions contained within, and that they represent a binding agreement between you and Club Canary, to which both parties will adhere in good faith.
Club Canary is a trade name, and is administered by SCHIJVENS GROUP SL