TERMS AND CONDITIONS

INTRODUCTION AND SCOPE

This document outlines the terms and conditions under which clients purchase and utilize the "Premier", "Lifestyle" and "Mallorca First" passes for activities in Mallorca.

Lifestyle Pass: The "Lifestyle" pass grants the holder access to participate in any activity within the "Lifestyle" category across the island of Mallorca, limited to one activity per day. Alternatively, holders may opt for the "Mallorca First" level for a day, allowing access to a maximum of three "Mallorca First" activities on that day.
Premier Pass: The "Premier" pass grants the holder access to participate in any activity within the "Premier" category across the island of Mallorca, limited to one activity per day. Alternatively, holders may opt for the "Lifestyle" level for a day, allowing access to a maximum of two "Mallorca First" and one "Lifestyle" activities on that day.
Mallorca First Pass: The "Mallorca First" pass entitles the holder to participate in any "Mallorca First" category activity in Mallorca, limited to one activity per day.
Usage of Lifestyle Pass for Lower-Tier Activities: If a "Lifestyle" client books a "Mallorca First" activity, they must schedule any additional "Mallorca First" activities on the same day to utilize their three credits. Upon renewal of their QR code the following day, the pass reverts to "Lifestyle" access, with the option to downgrade again on subsequent days.
Usage of Premier Pass for Lower-Tier Activities: If a "Premier" client books a "Mallorca first" or "Lifestyle" activity, they must schedule any additional "Mallorca First" or "Lifestyle" activities on the same day to utilize their 1 + 2 credits (1 "Lifestyle" and 2 "Mallorca First" maximum). Upon renewal of their QR code the following day, the pass reverts to "Premier" access, with the option to downgrade again on subsequent days.
Insurance Requirement: Clients are required to possess valid personal accident and civil liability insurance for the duration of their activities in Spain to use the 'MDP' pass.
Pass Validity Term: The term of each pass commences at 00:01 on the starting date and concludes at 23:59 on the final date, according to the defined validity period of the pass.
Exclusive Application Transactions: Purchases and subscriptions are exclusively conducted within our official application, requiring direct credit card payments to finalize transactions.
Pre-Purchase Information: Clients have pre-purchase access to a map and details of activities. The identity of partners and the ability to book are provided after the initial pass purchase.

DEFINITION OF KEY TERMS

Pass: The term "Pass" refers to the entitlement to partake in specified activities as delineated within the application managed by
Partner: "Partner" encompasses entities contractually bound to for the provision of sports and activity services as outlined in their descriptions within the "Mallorca First", "Premier" and Lifestyle pass offerings.
Client Identification: Client identification is derived from an automated message generated by the app, detailing the essential features of the pass and its period of validity.
Client Number: A "client number" is a unique identifier assigned to an individual that can be linked to multiple passes. Each pass is recognized by a distinctive QR code that reflects its specific type.
Validity Period: The "Validity Period" of a pass begins at 00:01 on the appointed start date and concludes at 23:59 on the designated expiration date.
Age Requirements: The "Mallorca First", "Premier" and "Lifestyle" passes are limited to customers aged 6 years and above, whereas the "KiddieCare" pass is available to children under the age of 6.
Daily-Generated QR Code: Each registered user is issued a daily-generated QR code that signifies the level of service for their pass, congruent with the credit card payment processed for that day's service level.
Non-Contractual Images: Within these terms, "non-contractual images" pertain to all visuals presented on the platform for illustration purposes only, and do not necessarily represent the actual service or product.

USE OF PRODUCTS

Internet Connection and QR Code Scanning: Users must maintain a functional internet connection during QR code scanning to access their sportive activity passes without disruption.
Activity Participation Limit: Pass holders are entitled to one activity per day, per pass type. For multiple daily activities, additional passes must be purchased, granting individual QR codes for each.
Pass Personalization: Each pass is individualized and must not be transferred or shared. Misuse may result in revocation without reimbursement.
Official Booking Requirement: Activity bookings must be completed via the official application. Bookings made elsewhere carry no liability for the provider.
Communication Records: Clients are required to retain all app-generated communication for the duration of the reservation process.
Equipment and Physical Condition: Clients must arrive with the appropriate equipment and in suitable physical condition for activities. Failure to meet these conditions can result in service denial without refund.
Force Majeure and Rescheduling: Activities affected by force majeure can be rescheduled, retaining the right to a daily activity through QR code validation.
Insurance Obligations: Clients are responsible for securing necessary specific insurance for activities where it is not included to be allowed participation.
WhatsApp Bookings and Validity: Bookings must align with the pass validity and be made through WhatsApp with DTP partners.
Unique QR Codes: Each pass is associated with a unique QR code that affirms the pass type and validity within the app.
Courtesy and Punctuality: Clients must adhere to the etiquette of courtesy and punctuality for scheduled activities with DTP partners.
Preparation for Activities: Clients should arrive prepared within the designated timeframe, especially when equipment fitting is required.
Written Confirmation: Verbal or telephone conversations with DTPs must be confirmed in writing within the WhatsApp channel.
Cancellation and Rescheduling: Activities must be canceled or rescheduled at least 24 hours prior to avoid impacting the pass’s validity for other activities.
Additional Fees: Additional fees for multiple same-day activities linked to a single pass must be settled before participation.
Independent Travel: Clients are expected to travel independently to the activity location, following provided transport options.
Equipment and Health Verification: Clients bear the responsibility to confirm the adequacy of personal equipment and health condition for the activity with the DTP.
Lifestyle or Premier Pass Utilization: Lifestyle and Premier pass holders may book lower-tier activities but should manage reservations for optimal utilization.
Pass Level Changes: Clients changing pass levels daily must ensure bookings correspond to the daily pass value.
Activity Timeframe Adherence: Clients must observe the activity completion timeframe as described, including early arrival for equipment collection and use of facilities.
'KiddieCare' Pass Limitations: 'KiddieCare' pass holders are limited to one eligible activity per day within the 'KiddieCare' category.
Age Requirements: Usage is subject to age requirements, with 'Mallorca First', 'Premier' and 'Lifestyle' passes reserved for those 6 years and older, and 'KiddieCare' designed for children below 6.
Activity Selection: Clients must select activities from options associated with their pass during booking interactions. No alterations are permitted.
Service Level Variability: Different daily service levels may be purchased, each with a unique daily QR code reflecting the services rendered for that day.
Image Representation Acknowledgement: Customers acknowledge that images in product descriptions are non-contractual.
Upgrade for Unincluded Activities: Clients must upgrade their pass or purchase any activities not included in their current pass.
Booking Policy: Activities are viewable but not bookable or fully disclosed until a pass is purchased.
Weather-Related Rescheduling: Clients may reschedule due to bad weather or receive a voucher/refund if unable to participate.
Consequences of Misuse: Misuse of passes will be addressed by our partners, who may impose a cancellation fee or permit rescheduling. Overbooking against the daily limit incurs extra charges.

PRICING AND PAYMENTS

Cancellation Penalties: Clients must adhere to the activity requirements detailed by the provider. Failure to comply may incur cancellation fees as stipulated by the provider's policies.
Payment Methods: Payments can be made via credit cards, including VISA, Mastercard, and other cards accepted by our payment processing partner. Passes are granted upon payment authorization.
VAT Application: All purchases via our app, for clients within the Spanish territory, will include a Value Added Tax (VAT) of 21%, in compliance with European law.
Minimum Purchase Requirement: Passes are available for a minimum duration of three consecutive days. Clients have the option to configure their pass level to 'Mallorca First', 'Lifestyle' or 'Premier' for individual days.
Weather-Related Contingency: If a client cannot use their pass due to adverse weather, they may reschedule their activity with the 'DTP' by sending their QR code via WhatsApp at the scheduled time. If rescheduling is not possible, the client may receive a voucher equivalent to a day's pass value or request a refund, processed within 90 days.
Refund Restrictions: Refund requests are not accepted within 48 hours prior to the start of the pass.
Misuse Penalties: In the event of pass misuse, such as booking multiple activities per day or failing to attend scheduled activities, the client agrees to incur penalties chargeable immediately to the credit card provided, or alternatively, billed by our payment provider.
Force Majeure: Clients may be entitled to partial refunds or discounts on subscriptions if activities are canceled due to force majeure, and rescheduling is unfeasible.
Insurance Requirements: Additional insurance must be procured directly from the partner when not included in the pass. This cost is separate and payable directly to the partner.
QR Code Allocation: Purchasing multiple passes under one client number will result in individual QR codes for each pass, specifying its type and validity.
Cancellation and Rescheduling: A 24-hour notice is required for cancellation or rescheduling. Failure to comply renders the pass non-transferable for other activities on the day.
Additional Fees for Multiple Activities: Engaging in more than one activity per day using a single pass requires an additional fee. Non-compliance will render the pass inactive for further activities and may attract a penalty.
Non-Refundable Lifestyle and Premier Passes: No refunds are issued for Lifestyle or Premier pass holders who participate in a lower-tier activity without utilizing all available bookings.
Penalty for Improper Bookings: A fee is applicable when 'Mallorca First' pass holders book activities designated for 'Lifestyle' or 'Premier' passes.
Adherence to Pass Level Modifications: Clients who alter the level of their pass must comply with the booking requirements that correspond with the value of their pass for each specific day.
Application-Exclusive Purchases: Subscriptions must be exclusively purchased through our official application, and payment rendered immediately via credit card.
Subscription Start Date Policy: Clients are required to set a subscription start date with at least a 36-hour advance from the commencement of activities to prevent scheduling issues and ensure availability.
Financial Responsibility for Misuse: Clients bear the financial responsibility for any penalties resulting from pass misuse, including booking excess activities. Payments for such fees will be processed through the provided credit card account.

SHIPPING AND DELIVERY

Upon successful payment, clients will receive a valid QR code for each member registered under their client number. This code will be automatically generated and activated at the start of each purchased pass's validity period. The QR code will function on each valid day of the pass and is required to be presented for scanning at our partner's location at the time of the reserved activity. This scanning process will facilitate the client's access to the booked activity.

Returns and Refunds

Cancellation by DTP Partners: If an activity is canceled last-minute by 'DTP' partners, clients are provided with options for a partial refund or a discount on future subscriptions, as detailed herein.
Refund Restrictions: Once a pass is selected, requests for refunds are not permissible within 48 hours prior to the commencement of the pass's validity period, in order to uphold our commitment to a limited client quota and prevent overbooking. Should a refund be authorized in exceptional circumstances, clients must submit a request via email to support@mydianpass.com. Additionally, within this 48-hour period, clients may opt to alter the start dates of their passes. Any changes or refund requests are not permitted under the 48-hour limit.
Weather-Related Cancellations: Clients affected by activity cancellations due to adverse weather conditions may choose to reschedule the activity, obtain a voucher, or receive a refund. Refunds in such scenarios are processed within 90 days.

WARRANTIES AND LIABILITIES

Service Guarantee:

By purchasing our activity passes ("Passes"), we guarantee that the holder ("Member") is entitled to participate in the activity stipulated for their membership level once per day, subject to the conditions herein.

Booking and Participation:

The Member may partake in the activity if:
- They secure a scheduled time ("Slot") with our partner.
- They arrive timely to be outfitted with the necessary equipment.
- The activity will be conducted according to the specifications outlined within our mobile application ("App").

Slot Availability:

We do not guarantee the availability of a Slot on any given day. Members are encouraged to arrange their Slot with our partners at least 24, 48, or 72 hours in advance to secure participation.

Alternate Arrangements:

In the event that a Slot is unavailable, Members will be afforded sufficient time to book an alternate activity with our other partners.

No Further Warranties:

Except for the provisions explicitly set forth in this section, we make no further warranties regarding the availability or quality of activities.

Intellectual Property

All intellectual property associated with MydianPass, including but not limited to the logo, brand name, and website content, is under the proprietorship of and is a candidate for trademark registration. The imagery showcased on our website and mobile application is either licensed for free use, provided courtesy of our partners, or created by our own design team. Unauthorized use, reproduction, or distribution of these materials is strictly prohibited and may be subject to legal action.

USER RESPONSABILITIES

Booking Protocol: Clients must use the official application to book their activity passes. Any issues resulting from failure to follow this procedure release the provider from responsibility.
Account and Client Number Responsibility: Each client account is issued a unique client number. The account holder is accountable for the conduct and accurate bookings of family members or others registered within the application under their client number.
Meeting Point Compliance: Clients are obligated to arrive at the specified meeting point address as detailed in the activity description. Should alternative instructions be provided during reservation communications with our partners, clients must adhere to the latest directive.
Punctuality and Preparation: Clients are responsible for timely arrival, allowing for potential delays such as traffic or parking difficulties. Arriving at least 20 minutes before the booked activity to collect and try out equipment is mandated. Transport costs, including taxis or ride-sharing services, are the clients' responsibility.
Communication Channels: Clients are to use WhatsApp or, if necessary, their own email service for all communications with partners, complying with the data privacy terms of these platforms. All written confirmations of agreements must be retained and not deleted to ensure transparency.
Claims and Complaints Process: Clients must file complaints through the mobile application, providing necessary evidence such as WhatsApp screenshots to support their claims.
Insurance Requirements: Clients must ensure that they have adequate personal insurance coverage for the activities undertaken with the 'MDP' pass. It is also the client's responsibility to obtain insurance from the partner if not provided, and present a scanned QR code for activity authorization.
Booking and Identification: Timely reservations are essential, and clients must use the automated identification message for booking validation with DTP partners. Written exchanges with DTPs, especially those confirming appointments or slots, must not be deleted.
Activity Compliance: Clients must respect set times and meeting points for activities. Adherence to guidelines regarding personal equipment, pre-activity preparations, and adjustments due to weather conditions is required.
Safety and Health Obligations: Clients agree to follow all safety instructions and meet health and equipment prerequisites as specified by the DTP. The DTP reserves the right to refuse participation if a client fails to meet these standards or if safety or health could be compromised.

Data Handling: Any screenshots of WhatsApp communications submitted by clients for the purpose of dispute documentation will be handled in strict accordance with our Privacy Policy. This policy ensures the confidentiality and integrity of personal data.
Policy Review: For comprehensive details on our data handling practices, clients are encouraged to review our Privacy Policy, which is publicly accessible on our website at www.mydianpass.com.

MODIFICATION AND TERMINATION CONDITIONS

Modifications or Cancellations: Modifications or cancellations of activity reservations made less than 24 hours prior to the scheduled start time of the activity will result in the pass being considered consumed for that day. No further activities can be booked or attended on that pass for the remainder of the day.

AMENDMENTS AND MODIFICATIONS

Feedback and Resolution: Resolutions stemming from feedback forms will depend on the presence of written confirmations from WhatsApp communications. Users must retain these records and are prohibited from deleting them to ensure verification of feedback and resolutions.
Document Changes: Modifications to these Terms & Conditions may occur during the validity of a client's pass. Such changes will not affect existing clients or previously purchased passes. Amendments will apply only to new clients or passes purchased following the implementation of these changes.

DISPUTE RESOLUTION

Use of Auto-Generated Messages: In the event of a dispute, auto-generated messages stored by clients will serve as evidence to ascertain the details of the booking process.
Complaint Escalation: Clients are provided with the option to submit complaints or requests for support through dedicated forms available in the "feedback" section of our application. For issues not covered by the feedback forms, clients may reach out directly via email at support@mydianpass.com. We are committed to responding to these inquiries within a reasonable timeframe.
Complaint Resolution: The complaint resolution process will be conducted through our mobile application. Clients are required to provide screenshots of WhatsApp communications to support their claims.
Retention of Written Exchanges: Clients are obligated to maintain written records of exchanges with DTPs on WhatsApp. Failure to preserve these communications, particularly those confirming appointments or detailing activity schedules, may affect the outcome of dispute resolutions.
Validation of Verbal Communications: For clarity and to facilitate effective dispute resolution, any verbal or telephonic communications with DTPs must be confirmed in writing via WhatsApp, creating a verifiable record of the interaction.

TERMINATION

Automatic Termination: This Agreement shall automatically terminate without notice upon the expiration of all purchased activity passes ("Passes"). Once the validity of all Passes ceases, the contractual relationship established by this Agreement is deemed concluded.

GENERAL PROVISIONS

Client Commitments: Clients agree to adhere strictly to the guidelines provided for personal equipment, timing, and weather conditions as necessary prerequisites for the safe and enjoyable participation in activities. Non-compliance with these guidelines may result in the inability to partake in the activity.
Communication Practices: Clients acknowledge that standard communication with our partners is conducted through WhatsApp. This method is supported for its convenience and efficiency in facilitating bookings, confirmations, and any necessary correspondence related to activity reservations.

PROVIDER OBLIGATIONS

Facility Provisions: Our partners are committed to providing the amenities such as changing rooms and showers as detailed in the specific activity description for the convenience of our clients.
Clear Communication of Requirements: Providers are obligated to clearly outline the minimum requirements necessary for participation in the activities within their descriptions. Failure to meet these criteria may result in a client being denied participation.
QR Code Scanning Facilitation: It is the responsibility of the provider to ensure that partners are equipped with the appropriate tools and have adequate connectivity to efficiently validate QR codes, allowing clients smooth access to their activities.

CONTACT INFORMATION

Client-DTP Communication: Clients must utilize the identification message provided by the MydianPass application for all correspondence with MydianPass Partners ("DTP"), to affirm their verified status as MydianPass ("MDP") clients.
Support and Assistance: For support inquiries, clients are advised to first consult the FAQ section on the MydianPass website at www.mydianpass.com. Should issues remain unresolved, clients may utilize the "feedback" forms available on the MydianPass app or directly email support at support@mydianpass.com for further assistance.