Terms of Conditions

Club Canary’s agreement with you
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

Your agreement with us
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 – Arriving late
15. Failing to show up
16. Complains
17. Feedback
18. Influencers
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.

1. Customer 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.

2. Club Canary price guarantee

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.

3. The price you pay

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.

4. When we change your booking details

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.

5. When we cancel your booking

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.

6. Big changes to your excursion

Sometimes, Club Canary have to make major changes to your excursion. For example, should the weather be very dangerous (this is decided by our partner not by you or us). Or when there are major problems with the partner in question that they are unable to carry out your booked excursion. If we tell you about any of these changes after we have confirmed your booking, you may either:
– Accept a replacement excursion from us of equivalent or similar standard and price, at the date of the change, if we are able to offer you one. We may offer you a replacement excursion from another company in our group. Should you choose this option the terms and conditions of your excursion will not change and these conditions still apply to your booking or:
– Cancel your excursion with us and receive a full refund of all money paid.
We will always refund the difference in price if the replacement excursion is of a lower standard and price.
If the change is not agreeable to you
If any major change indicated above is not acceptable to you, you can cancel your booking. And in this case, we will refund all the money you have paid us.

Circumstances beyond our control
Club Canary is not responsible for events beyond our control include: war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks and pandemics, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers: closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events.

7. Responsibility for your excursion

Club Canary will arrange for you to receive the services that make up the excursion that you choose and that we confirm. These services will be provided through independent local suppliers at destination contracted by us. We are responsible for making sure that each part of the excursion you book with us is provided to a reasonable standard and as was advertised by us (or as changed and accepted by you). We have taken all reasonable care to make sure that all the services which make up your excursion advertised by us are provided by efficient and reputable businesses. These businesses should follow local standards.

Your agreement with us

8. Making a booking without following our instructions

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:
– I will reschedule the activity to another day.
– I will discuss with the agent another alternative excursion.
– I may request a refund of 60% of the total amount paid.
– I may receive my spent amount as a Club Canary discount code, for next time.

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).

9. Pick-up service offered

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.

10. Personal injury

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.

11. Your contract

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.

12. No ticket received

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 (+ 34 604 105 055) 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.

13. Free cancellation policy

Club Canary offers its customers the possibility to book activities with only a deposit, and also gives good cancellation conditions. Each experience has its own unique cancellation policy, which you can always find in the experience information. Generally, cancellation policies are between 24-72 hours depending on availability and exclusivity. Luxury boat rentals for larger boats often come with special conditions that must be respected. The time counts from the agreed upon meeting time or opening time of a particular park. If you are within the rules you can easily cancel free of charge, we ask you to do this via email ([email protected]) or via WhatsApp (+34 604 105 055). Your cancellation is only valid if your order number is included, and must be sent from a telephone number or email address that is also listed in the order you placed.

14. Not cancelling on time –  Arriving late

Club Canary has special contracts with each partner that we have to accept regarding cancellations. If a client does not respect the conditions, Club Canary will receive a fine. The deposit you pay normally by far does not cover the penalty, for this reason many other tour companies always accept the full amount. Should you still cancel your booking in a respectful manner, there will be no additional costs to your deposit.

Exclusive & VIP excursions
For certain trips such as luxury getaways and private boat trips, special conditions may apply. These will be stated in the policy and sent to you on a booking notification form, and by accepting these terms and conditions you are agreeing to them and you will be aware of any additional cancellation fees that may be sent to you as an invoice to cover the loss in case you cancel your booking last minute.

15. Failing to show up

Not showing up and not letting us know anything brings additional damage. Possibly the tour you booked is now running late because they are waiting for you, both our partners and Club Canary team have to investigate what happened, wasting a lot of time. In addition it will damage our reputation towards our partner. To cover possible damages you confirm by signing our terms and conditions that you agree that we have to bill you for 40% of the amount you were supposed to pay, if you don’t show up without notice or simply forget about your excursion. This amount must be paid within 7 working days otherwise a reminder will be sent every week with an amount increase of 20%.

16. Complains

Club Canary is only responsible for the booking progress. Club Canary staff is not present on the day of your experience, and cannot make any judgments about possible things that may happen during the activity. During the experience you are in the hands of the partner and their stated rules and licenses and policies apply. If you have a complaint about your excursion, you should discuss it with the service provider on site. If your complaint has been delivered to our partner, and the partner decides to make a full refund, they should contact us. We can then make a refund of the deposit. By agreeing to these conditions you accept the fact that if our partner gives you a portion of money or a gift (e.g. free photos) that you have found a solution together and your complaint has been resolved. Further demands after this are not valid and should not be considered without any exceptions.

17. Feedback

Club Canary is committed to providing good service. Although we cannot make refunds without our partner’s permission we are happy to listen to your feedback. We may issue a warning to our partner or stop working with them. In the event that we are allowed to offer a refund, Club Canary can in no case pay more than the amount you paid us (deposit). The remaining amount is paid directly to the partner in question and we have no access to it. If you are not satisfied with an outcome you can contact the company in question within 28 days to request a complaint form. You may also request a Club Canary complaint form, but these are only for reporting a complaint about personal service you have received from our staff members, and have to back-up with the appropriate proof.

18. Influencers

When you sign this agreement, you accept that under no circumstances will you blackmail Club Canary company or workers of Club Canary. Blackmail includes the following:
1) Threatening to post a bad review if you don’t get what you want.
2) Threatening to post anything negative on any social media platform related to Club Canary or Club Canary workers.
3) Visiting the office uninvited, and not wanting to leave.
4) Making threats via LiveChat, phone or in the office.
If you do, Club Canary may collect evidence of this, including messages sent and any video material. Breaking this rule will result in a fine of 6000€. If there is also physical abuse, such as mistreatment or stalking of Club Canary staff, the fine will start from 10000€. If you do not pay the fine within 10 days, legal action will be taken.

19. Reject customers

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.

20. Courts of jurisdiction and legislation

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.

21. Website content

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.

Photos & Videos
Many photos on our website belong to us, and for others we have permission to use from our partners. However, even copying these pictures is not allowed, as they are marked by us and we have put a special filter on them. For the use of our photos or videos for commercial use without permission we charge the following amount for each photo or video:
– Photos of partners 150€.
– Photos of Club Canary 500€.
– Videos of Club Canary 2500€.

Copying styles
Should it be clear that you are trying to copy us by using the same messages, fonts and colors, logo, and slogans we will take legal action.

Copying of texts
We can prove that our texts are unique. If some of these texts can be found on other commercial websites, we will create evidence of this and possibly our lawyer will contact you to ask you to provide evidence of your publish dates. This also applies to copying things on our social media channels as this is considered trademark infringement. Proof of text stealing will be verified by adding our time stamp blockchain technology and possible google search rankings with damage. Minimum amount our lawyer will charge to not make a legal case out of this is 4500€.

Club Canary is a trade name, and is administered by SCHIJVENS GROUP SL