General Terms and Conditions
1. scope of application and general information
These General Terms and Conditions (GTC) govern the use of the online platform VIVE Fuerteventura (hereinafter „VIVE“ or „Platform“) by end users. The platform enables tourists and other interested parties to search for leisure activities on Fuerteventura free of charge and to view the respective offers of the providers. These GTC apply exclusively; deviating terms and conditions of a user do not apply. By using the platform (e.g. by accessing the website and using the platform functions), the user recognises these GTC as binding.
A user within the meaning of these GTC is any natural person who uses the platform free of charge for private purposes in order to view offers from third-party providers. The platform can be used without registration. Providers are the respective companies or persons who offer leisure activities on Fuerteventura and whose offers are displayed on the platform. These GTC are only intended for users (consumers); separate conditions may apply to providers.
VIVE reserves the right to amend or update these GTC if necessary. Changes will be announced by publishing the new GTC on the platform. In the event of significant changes, VIVE may also inform users in an appropriate manner. If the user continues to use the platform after the amended GTC come into force, the new GTC shall be deemed to have been accepted. These GTC also apply to publicly accessible landing pages that can be accessed via QR codes, in particular for digital menus or information pages on accommodation and catering establishments. These pages are also subject to the terms of use stated here.
2. services of VIVE Fuerteventura and mediation role
VIVE Fuerteventura operates an online booking platform that presents leisure activities from independent providers. The offers are integrated in particular via external partner programmes (currently via an affiliate widget from GetYourGuide). VIVE acts exclusively as an intermediary and provides the technical infrastructure so that users and providers can make contact or initiate bookings. VIVE itself does not offer any leisure activities and does not become a party to the contracts for the realisation of leisure activities that may be initiated between users and providers. In particular, VIVE does not make bookings or reservations for leisure activities in its own name and does not process payments for such activities.
The booking of a leisure activity is made directly between the user and the provider outside the platform. Any contract for participation in a leisure activity is therefore concluded exclusively between the user and the respective provider. VIVE is not involved in the conclusion and performance of the contract and is not responsible for the provision of the leisure activity offered or the organisation thereof. VIVE merely provides the platform as an intermediary channel. The terms and conditions of the respective provider (e.g. regarding booking, cancellation, payment processing etc.) may apply to the contractual relationship between user and provider; these must be observed by the user when concluding the contract with the provider. VIVE has no influence on the conditions and content of such contracts between user and provider. If the user is redirected to an external service (e.g. GetYourGuide) for the booking via the platform, the terms and conditions of use of this service may also apply.
3. contractual relationship between users and providers
The use of the platform by the user is free of charge and serves exclusively to initiate independent legal transactions between the user and the provider. If a booking or agreement is made as a result of the use of the platform (e.g. through forwarding to an external offer), this agreement is the sole responsibility of the user and the provider. VIVE is not a representative of the provider and is not a tour operator in the legal sense, but only provides information and, where applicable, contact options (such as links). No contractual or fulfilment relationship with regard to the advertised activity is established between the user and VIVE. All claims arising from or in connection with the contract for the leisure activity (including service disruptions, liability and warranty claims) are to be asserted directly against the respective provider; any liability or responsibility of VIVE for such contractual obligations is excluded.
The providers act independently and not as vicarious agents of VIVE. VIVE does not guarantee that a contact between user and provider will actually materialise or that a provider will accept a contract offer submitted by the user. The successful realisation of a leisure activity is also not guaranteed; this is the sole responsibility of the provider. VIVE receives no remuneration from the user for the use of the platform. However, in the event of a successful placement, VIVE may receive a commission from the respective provider or a partner commissioned by the provider (e.g. the booking platform) without this increasing the price to be paid by the user. In its relationship with the user, VIVE does not act as an agent in the sense of a travel agency or brokerage contract, but merely provides information.
4 Obligations of users when using the platform
The user undertakes to use the platform only within the framework of the statutory provisions and these GTC. In particular, the user must refrain from any kind of misuse of the platform. In particular, it is prohibited to use the platform or the providers' contact data obtained via the platform for illegal purposes, harassment, insulting or defamatory messages. The user may not send any advertising or spam messages to providers or transmit any content containing viruses or harmful software. It is also prohibited to interfere with or manipulate the technical systems of the platform.
If the user makes their own entries when using the platform, these must be truthful and complete. The user may use the information and contact details of the providers obtained through the platform exclusively for the initiation of a leisure activity and may not pass them on to third parties for commercial purposes. In the event of breaches of these obligations, VIVE is authorised to exclude the user from further use of the platform and, if necessary, to take legal action.
The content provided on the platform (texts, images, graphics, etc.) is protected by copyright and/or other intellectual property rights. Any use of the content by the user beyond personal information is not permitted. In particular, it is prohibited to copy, publicly reproduce, distribute or otherwise use platform content outside the platform without the consent of the rights holder. Infringements may result in consequences under civil and criminal law.
The platform offers QR codes that can be used to access digital information pages. When these codes are used, the IP address and URL accessed are stored anonymously for statistical purposes. This data is only collected internally to analyse the reach. Processing is carried out in compliance with data protection regulations.
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5 Liability and warranty by VIVE
Liability for third-party content (provider content): VIVE endeavours to ensure the high quality of the information displayed on the platform, but accepts no liability for the content, details and materials originating from the providers. The descriptions, images, prices, availability, location information and other details of leisure activities published on VIVE are generally provided or authorised by the respective provider. This content is deemed to be third-party content within the meaning of the applicable statutory provisions, for which VIVE accepts no responsibility and offers no guarantee that it is up-to-date, correct or complete. The respective provider is solely responsible for the information provided. VIVE Fuerteventura accepts no liability for the content of external partners (e.g. affiliate widgets, Google Maps, restaurant profiles). The respective provider or operator is solely responsible for the content, availability and functionality of these external offers. Liability on the part of VIVE is excluded, unless otherwise regulated by law. VIVE does not carry out a comprehensive check of the provider content for legal conformity or accuracy. Should VIVE gain positive knowledge of illegal content on the platform, VIVE will remove this content or block access to it within the framework of the statutory provisions. Machine translation: Content on the platform may be automatically translated into other languages. This may result in errors or deviations. VIVE accepts no liability for the accuracy or completeness of machine-translated content. The original German version is always authoritative.
Liability for the realisation of the activities: VIVE assumes no liability or guarantee for the availability, quality, safety or actual realisation of the leisure activities offered by the providers. All offers are subject to actual availability; VIVE does not guarantee that certain leisure activities will take place at certain times or in a certain form. Agreements on dates, meeting points, requirements (e.g. age, state of health) and other details of implementation are made exclusively between the user and the provider. VIVE gives no assurance regarding the suitability or characteristics of the leisure activities or the qualifications of the providers. In particular, VIVE does not guarantee the creditworthiness, reliability, certifications or expertise of the providers. Visiting or participating in a leisure activity is at the user's own risk. Claims for damages by the user in connection with the booked activity (e.g. due to non-fulfilment, poor performance, accidents, injuries or damage to property) can only be asserted against the provider; VIVE is not liable for this.
Liability for technical availability and own content: VIVE endeavours to offer trouble-free operation of the platform, but is not responsible for the uninterrupted availability of the platform at all times. Temporary restrictions or interruptions may occur due to maintenance, further development or technical faults. VIVE does not guarantee that the platform or the service provided on it will be available without interruption, on time, securely and free of errors. Use of the platform is at the user's own risk.
VIVE provides its own content on the platform, for example editorial descriptions, recommendations or information about places, providers or activities. This content is for general information purposes only. Despite careful selection and regular maintenance, VIVE accepts no liability for the accuracy, completeness, topicality or suitability of this content for specific purposes. No legal warranty or guarantee is assumed. Statutory duties of disclosure, information or due diligence as well as mandatory statutory liability regulations remain unaffected.
VIVE shall not be liable for loss of data, technical problems or damage to the user's computer system arising from access to the platform or from the use of links to external websites, insofar as these were not caused by VIVE wilfully or through gross negligence. VIVE has no influence on the communication channels on the Internet and therefore accepts no liability for the availability and accessibility of the website itself or the user's Internet access.
General limitation of liability: The liability of VIVE - irrespective of the legal grounds - is excluded unless one of the following exceptions applies. VIVE shall be liable without limitation for intent and gross negligence, furthermore in the event of injury to life, limb or health, as well as in the event of the assumption of an express guarantee or in cases of mandatory statutory liability in accordance with the applicable laws. In cases of simple negligent breach of essential contractual obligations (cardinal obligations), VIVE's liability shall be limited in amount to the foreseeable damage typical of the contract. Essential contractual obligations are those obligations whose fulfilment is essential for the proper execution of the contract with the user and on whose compliance the user may regularly rely. VIVE shall have no further liability. The above limitations of liability shall apply in each case subject to deviating mandatory statutory provisions.
The above exclusions and limitations of liability shall also apply to the personal liability of VIVE's executive bodies, employees and vicarious agents. They shall not affect any liability arising from data protection regulations (in the event of unauthorised data processing or similar), insofar as this is provided for by law. A change in the burden of proof to the detriment of the user is not associated with the above provisions.
6. data protection
VIVE takes the protection of users' personal data very seriously and observes the relevant data protection regulations, in particular the EU General Data Protection Regulation (GDPR) and the applicable Spanish data protection law. Personal data (e.g. name, contact details, enquiry content) is only collected, processed and used by VIVE if this is necessary for the provision of the platform and the brokerage services or if there is a legal obligation to do so. The platform uses cookies and similar technologies to analyse the use of the website and QR code landing pages. Among other things, the IP address and pages visited are technically recorded. In accordance with Art. 5 (3) of the EU ePrivacy Directive, user consent is required for this. Further information on this and the third-party providers used can be found in our privacy policy. The platform can be used without creating a user account. If the user enters personal data when using the platform (e.g. as part of an enquiry), this data, if processed by VIVE, will only be used to enable and process the desired placement, i.e. in particular forwarded to the selected provider. The user's personal data will not be passed on to third parties beyond this unless the user has consented to this or VIVE is obliged to do so by law.
In addition, reference is made to VIVE's separate privacy policy, which explains the details of data processing. This privacy policy can be viewed at any time on the platform's website. Users are requested to inform themselves about the scope, purpose and legal basis of data processing via the privacy policy.
7. language versions and translations
All contents of the platform as well as these GTC were originally created in German. If VIVE Fuerteventura provides translations of this content into other languages (e.g. English or Spanish), these are provided solely for the purpose of user-friendliness and information. It should be noted that translations may contain inaccuracies or deviations from the original German text. The German version is always legally binding and authoritative. In the event of ambiguities or contradictions between the German version and a translation, the German text must therefore always be used for interpretation. VIVE accepts no liability for errors or misunderstandings arising from translations into other languages.
8 Applicable law and place of jurisdiction
These GTC and the use of the Platform by the User shall be governed by the law of the Kingdom of Spain to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory conflict of laws rules provide otherwise. Mandatory consumer protection regulations of the country in which the user has his habitual residence remain unaffected by this choice of law, provided that the user is a consumer within the meaning of the applicable law.
The place of jurisdiction for all disputes arising from or in connection with the use of the platform and these GTC is - as far as legally permissible - Puerto del Rosario, Fuerteventura (Spain). If the user is a consumer domiciled in an EU member state, he may also choose to bring disputes arising from these GTC before the courts of that member state. Any overriding statutory provisions on jurisdiction, in particular for the protection of consumers, remain unaffected.
9. severability clause
Should any provision of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provisions. The same applies in the event that these GTC contain an unintended loophole. In all other respects, the purpose of the contract shall be achieved as far as possible by the remaining provisions.
Stand: 1 October 2025
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