Terms & Conditions

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General conditions:

1. Area of Application

1.1. These Terms and Conditions apply to all bookings made on our Website, or by email or phone and govern the contractual relationship between you "Traveller" and the company “Morimoto Ellis Ventures S.L”, hence forth referred to by the trade name “Mountains & The Sea”. Only persons over 18, legal entities or commercial companies are entitled to book with Mountains & The Sea.

Where a property is concerned, Mountains & The Sea completes contracts in the name of and on account of the owner of the property ("Landlord").

2. Conclusion of the Contract

2.1. By completing the booking you conclude a contract with Mountains & The Sea and acknowledge these present General Terms and Conditions which are an integral part of any contract with Mountains & The Sea. The Traveller confirms that, within the rights of their country of residence, they are capable of acting (and are over 18 years of age) and are legally able to enter into contracts and make the payments set out upon booking. 1st payment, 2nd payment and Deposit are defined in Clause 3.

2.2. The receipt of the booking order will be confirmed to you by e-mail. The contract is concluded when the Booking Confirmation (also "Contract") is delivered. With the conclusion of the Contract, you become liable for all persons listed in the booking as well as your own obligations. Mountains & The Sea is authorized to refuse to accept any booking without giving reasons or reject a booking without giving reasons. In this case the Traveller will be entitled to a full refund of any amount already paid.

3.Payment

3.1. Full payment is normally payable upon booking. Split payment can be requested in exceptional circumstances. In the case of short-term bookings, the 1st payment shall consist of the whole holiday cost. Fees may be charged according to payment method. Payment to Mountains & The Sea, especially international payments, must be settled free of any charges and fees. In case of a delayed or incomplete payment, Mountains & The Sea can cancel the booking at your complete expense and claim the corresponding cancellation fee specified in clause 4 as damages. Any additional services, tours and/or activities requested during your stay are payable on or before the Check-out date.

3.2. Rates can be displayed in Pounds or Euros. Foreign currency amounts displayed are subject to exchange rate fluctuations.

4. Cancellation

4.1. If the Traveller decides to cancel the booking, or is otherwise unable to make use of the booking (for all or part of the period booked), they must inform Mountains & The Sea as soon as possible. The Traveller will be liable as follows:

(i) 14 days or less prior to the earliest Check-in date: the Traveller is liable for the full amount of the booking ;(ii) 15 - 28 days prior to the earliest Check-in date: the Traveller is liable for 25% of the amount of the booking (minus booking fees), or the 1st payment as defined above; and(iii) over 28 days prior to the earliest Check-in date: the Traveller can receive a full refund (minus booking fees).

4.2. When booking, we recommend taking out travel cancellation insurance. As a general rule, it covers cancellation costs up to the beginning of the journey for cancellation due to illness, accident, death of the traveller, fellow travellers or close relatives.

4.3. Bookings made through other third-party platforms may be subject to additional cancellation penalties.

4.4 Special Cancellation Conditions during Global Pandemic (Covid-19),

(i) If you are unable to travel to Tenerife due to new travel restrictions or quarantine rules being imposed between your date of booking and date of arrival as a result of Covid-19.(ii) Lockdown conditions being implemented prior to arrival.(iii) The booking holder or a member of their household can demonstrate that they have a Covid-19 positive test result.

The Traveller will receive a full refund (minus booking fees).

5. Arrival

5.1. The Traveller is solely responsible for arriving punctually. Any delays to arrival are within the responsibility of the Traveller. Travellers travelling from abroad are expected to obtain any necessary entry requirements in good time. If the Traveller can no longer take up their booking or can only belatedly take up their booking, the entire amount is payable.

6. Force majeure

6.1. If force majeure (environmental disasters, forces of nature etc.), governmental sanctions, unforeseeable or other applicable events render the booking or its duration no longer possible, or the full scope of the booking cannot be carried out, the paid amount or the appropriate proportion for the booking not provided will be refunded to the exclusion of other requirements.

7. Specific Terms of Tenancy

7.1. Handover of the Property

7.1.1. The Property will be handed over to the Traveller in a clean state and as per the booking. If there are any defects or if the inventory is not complete, the Traveller must inform Mountains & The Sea immediately. It will otherwise be assumed that the Property was handed over in a faultless state.

7.2. Housemates and guests

7.2.1 The Traveller is responsible for ensuring that any housemates or guests abide by the commitments of the Contract and is accordingly liable for their actions.

7.3. Use of Property with care

7.3.1. The Traveller is obliged to use the Property with care, to abide by the house rules (which will be provided to the Traveller on Check-in) and to take into consideration other occupants or neighbours. In the case of damage to the Property, the Traveller must inform Mountains & The Sea immediately. Damaged or no longer useable objects must be replaced in such a manner that the Landlord does not incur any disadvantage.

7.4.2. The Property may only be occupied by the number of people stated in the Contract. If not stated in the Contract, the maximum number of people permitted is equal to the number of beds (not including sofa beds).

7.4.3. Pets of any type are not allowed except if this is agreed explicitly in the Contract.

7.4.4. Smoking of cigarettes, cigars, pipes or other tobacco or smoking goods is strictly prohibited in the Property except if this is agreed explicitly in the Contract.

7.4.5. Subletting is not permitted.

7.4.6. If the Traveller, their co-travellers or guests breach the commitments of the use of the Property or if the Property is occupied with more than the agreed number of people, Mountains & The Sea and the Landlord reserve the right after unsuccessful written warning to terminate the Contract without notice and without compensation. In this case the rent is still payable and the Landlord reserves the right to claim for compensation and indemnities.

7.5 Returning the Property

7.5.1. The Property is to be returned in a proper and well-swept condition with complete inventory. If the Property is not returned in a satisfactory state, Mountains & The Sea and/or the Landlord reserve the right to carry out the necessary procedures at the cost of the Traveller.

7.6 Tax

7.6.1. All relevant visitor tax is included in the rental prices. VAT (IGIC) of 7% is included in the prices of all our services.

8. Accountability of the Traveller

8.1. The Traveller is accountable for all damages caused by themselves or other travellers including by their guests of which they are of fault. In the event that damages are discovered after return of the Property, the Traveller is also accountable, as long as the Landlord can prove that these were caused by the Traveller.

8.2. In the event that a Traveller fails to comply with the Other Terms – no smoking, no pets -, the Traveller shall be liable to pay for all costs and expenses incurred to thoroughly clean and repair the Property, neutralize the smoke smell and eliminate any damage to the Property and equipment caused by the smoke or by pets and to pay for any other costs associated with their failure to comply with said Other Terms.

9. Accountability of Mountains & The Sea

9.1 Mountains & The Sea rents the Property in the name and on account of the Owner. Alpine and/or the Landlord are not accountable for:

(a) any loss, damage or injury caused by acts of neglect by the Traveller in relation to the Property or otherwise;

(b) any failure to provide the services set out in this Contract as a result of unforeseeable or non-avertable acts of third parties, force majeure or events, which Mountains & The Sea and/or the Landlord despite necessary care could not foresee or prevent.

9.2 Descriptions of infrastructure or facilities such as swimming pools, shop opening times etc. are for information purposes only and do not obligate the Landlord and/or Mountains & The Sea to provide these.

10. Tours and Activities

10.1. Conditions of Participation

10.1.1. Most our tours and activities are not suitable for certain disabilities or have reduced mobility (including being confined to a wheelchair). Therefore, in the interest of safety and comfort, you must be fit enough to participate or if any doubts please contact Mountains & The Sea to discuss. Specific arrangements can be made to account for certain limitations.

10.1.2. Some of the activities and tours offered might require you to be in a good physical health and by booking with us you confirm that you and your party are in good health with no medical history that would make it dangerous for you to participate.

10.2. Liability

10.2.1. In the event of an accident, Mountains & The Sea takes no responsibility and is not liable. The Traveller is not insured by Mountains & The Sea. Adequate and appropriate travel insurance is essential for your protection. Each member of your party must have purchased a holiday insurance policy. It is the Traveller’s responsibility to ensure that the insurance cover purchased is adequate and appropriate for the particular needs of the Traveller or their party. We do not check insurance policies. Please read your policy details carefully and take them with you on holiday.

10.2.2. Damage claims against Mountains & The Sea or their employees are excluded as far as lawfully permitted. Mountains & The Sea is authorized to call on third parties to provide valued services. Should Mountains & The Sea lawfully transfer the execution of the tour or activity to a third party, Mountains & The Sea shall not be held responsible for the third party’s actions or neglect during execution of the tour or activity. Mountains & The Sea will especially not be responsible for damages which are caused by the actions or neglect of the activity or tour leader should this conduct not fall under his/her contracted responsibility nor those caused by actions of third parties, other travellers, the Traveller, acts of God, natural occurrences, official regulations etc. or damages caused by delayed return to the starting point of the activity or tour. Should the Traveller not follow the instructions of Mountains & The Sea, etc., all liability of Mountains & The Sea is dropped.

10.2.3. Some of the tours and activities offered by reservation and payment on Check-in or free of charge are carried out by third parties. We only act as a reservation agent for the operator or the excursion or activity concerned. Your contract will therefore be payable upon Check-in or with the local operator, which provides it, and it does not form part of your contracted holiday arrangements with us. The contract will be subject to the local operator’s terms and conditions, some of which may exclude or limit its liability to you, and will be governed by local law and jurisdiction. Mountains & The Sea accepts no liability for any breach of contract or negligent act or omission of any tour/activity provider.

10.3. Tax

10.3.1. Where relevant, VAT (IGIC) of 7% is included in our tours and activities prices.

11. Law and Jurisdiction

11.1. This Contract and any non-contractual obligations arising out of or in connection with it are governed by Spanish law and no other. The parties agree that the Courts of Spain will have exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms and Conditions and any Contract with Mountains & The Sea.

11.2. The Spanish rights of obligation govern for all points not already covered by these Terms and Conditions and/or Contracts with Mountains & The Sea.