General Terms and Conditions of Contract

1. Identification of the Organizer

These General Terms and Conditions govern the booking and participation in activities, experiences, package travel and tourism services offered by Overfly Paragliding, S.L., a company duly registered in Spain and in the General Tourism Registry of the Canary Islands.

Overfly operates as:

  • Travel Agency (organizer and retailer of package travel services)
  • Tourism Intermediary
  • Direct provider of active tourism and aerial activities

Depending on the service booked, Overfly may act as organizer, retailer, intermediary, or direct service provider.

2. Legal Framework

These Terms are governed by Spanish law, including but not limited to Royal Legislative Decree 1/2007 (Book IV – Package Travel and Linked Travel Arrangements), Directive (EU) 2015/2302, and Law 50/1980 on Insurance Contracts.

3. Scope of Services

Overfly offers active tourism activities, aerial experiences including tandem paragliding, guided experiences, package travel, linked travel arrangements, accommodation and transport mediation, and complementary tourism services.

The exact scope of each service shall be that described in the booking confirmation.

4. Contract Formation

The contract is considered concluded when the traveler completes a booking and Overfly confirms acceptance.

By completing the booking, the traveler declares having read, understood and accepted these Terms prior to the service.

5. Prices and Payment

Prices are stated per person, in euros, and include applicable taxes unless expressly stated otherwise.

For package travel contracts, Overfly may revise the price strictly in accordance with applicable legislation and only in case of changes in:

  • Fuel or energy costs
  • Taxes or fees imposed by third parties
  • Exchange rates

Any price increase shall be communicated no later than 20 days before departure and shall comply with the legal limits established by applicable legislation.

6. Right of Withdrawal

In accordance with Article 103 of Royal Legislative Decree 1/2007, the right of withdrawal does not apply to leisure services with a specific date or to package travel contracts with defined departure dates.

7. Cancellations by the Traveler

A. Direct Activities (Paragliding and Similar Services)

Cancellations made less than 24 hours before the scheduled activity or no-shows shall result in a 100% cancellation fee.

Late arrival or voluntary early departure does not entitle the traveler to any refund.

B. Package Travel

Cancellation conditions for package travel shall be those specified in the booking confirmation and in the applicable Cancellation Policy published on this website.

The traveler may transfer the booking to another person who meets the participation requirements, provided reasonable notice is given prior to departure. Any additional costs derived from such transfer shall be borne by the traveler.

C. Intermediated Services

For services where Overfly acts solely as an intermediary for a third-party provider, cancellation and refund conditions shall be governed by the terms and conditions of the final service provider, without prejudice to any legal responsibilities applicable to Overfly.

8. Modifications and Cancellations by Overfly

Overfly reserves the right to cancel, interrupt or modify services due to:

  • Adverse weather conditions
  • Safety considerations
  • Technical reasons
  • Force majeure
  • Unavoidable and extraordinary circumstances
  • Instructions from competent authorities

Force majeure includes events beyond reasonable control such as extreme weather, natural disasters, airspace restrictions, public health emergencies, governmental mobility restrictions or civil unrest.

In such cases, the traveler may choose between rescheduling the service or receiving a refund for services not provided. No additional compensation shall be payable. Safety decisions are final.

Combined Activities, Combos and Services Not Performed

Some experiences offered by Overfly Tenerife may consist of the combination of two or more activities, such as paragliding together with surf, diving, sailing, boat trips, sea excursions or other active tourism experiences.

Each activity included in a combo may be subject to its own operating conditions, availability, schedules, safety requirements, weather conditions, wind, sea conditions, tides or other external factors. Some activities may be performed directly by Overfly Tenerife and others by selected providers or collaborators.

When one of the activities included in a combo cannot be performed due to safety reasons, weather conditions, operational availability, sea conditions, wind, tides or any other cause not attributable to the traveler, Overfly Tenerife will first try to reschedule the affected activity.

If one of the activities included in the combo cannot be performed or rescheduled, the corresponding part of the service not provided will be refunded, where applicable.

If only part of the combo is completed, the combined discount shall no longer apply. The final amount will be recalculated according to the individual price of the activity actually performed, and the difference between the amount paid and the final applicable amount will be refunded, where applicable.

The combined discount shall only apply when all activities included in the combo are completed.

9. Organizer Responsibility in Package Travel

When acting as organizer of package travel, Overfly is responsible for the proper performance of the travel services included in the contract, regardless of whether such services are performed by third-party providers.

The traveler must inform Overfly without undue delay of any lack of conformity.

Overfly shall provide appropriate assistance if the traveler is in difficulty during the trip.

10. Insolvency Protection

Overfly has provided the legally required insolvency guarantee ensuring the refund of payments received and repatriation where applicable.

Details of the insolvency protection are available upon request.

11. Insurance Coverage

Overfly holds mandatory Civil Liability Insurance, Professional Liability Insurance and Active Tourism Liability Coverage in accordance with applicable regulations.

Participants in sports and aerial activities are covered by collective accident insurance within the limits and conditions established in the corresponding policy.

Insurance coverage applies within the limits, exclusions and conditions defined in the respective policies.

12. Participation Requirements

Participation requires physical and mental fitness compatible with the booked experience.

The traveler undertakes to:

  • Inform Overfly of any relevant medical condition
  • Not participate under the influence of alcohol, drugs or impairing medication
  • Follow all instructions provided by staff

Failure to comply may result in exclusion without refund.

13. Inherent Risk

Certain activities, including paragliding and other active tourism experiences, involve inherent risks due to their nature.

The traveler acknowledges awareness of these risks and voluntarily agrees to participate.

14. Liability

Overfly shall be liable in accordance with applicable law and within the limits of its insurance coverage.

Claims for indirect damages, loss of profit or consequential damages not directly attributable to the service are excluded to the extent permitted by law.

For intermediated services, responsibility for the material execution of the service lies with the final provider, without prejudice to legal responsibilities applicable to Overfly.

15. Image Rights

Unless expressly refused in writing prior to the activity, the traveler authorizes Overfly to use images and videos taken during the activity for promotional and commercial purposes.

16. Complaints

Any complaint must be communicated during the activity or, if not possible, in writing within a maximum period of 30 days from completion.

Official complaint forms are available in accordance with applicable regulations.

17. Official Complaint Forms

In accordance with Decree 77/2022 of the Government of the Canary Islands and applicable tourism regulations, Overfly Paragliding, S.L. provides official complaint forms (hojas oficiales de reclamación) to consumers.

As Overfly operates primarily through electronic and telematic means, official complaint forms may be requested by:

  • Email request sent to info@overflytenerife.com
  • Written request sent to the registered business address of the company

Registered business address: Calle Hermano Pedro, 70. Bajo 4. 38628 San Miguel de Abona Santa Cruz de Tenerife Spain

Requests for official complaint forms will be processed during administrative attention hours from Monday to Friday between 10:00 and 18:00 (Canary Islands time).

Consumers may submit complaints using the official model approved by the Government of the Canary Islands, either in paper or electronic format, in accordance with applicable regulations.

18. Data Protection

Personal data are processed in accordance with Regulation (EU) 2016/679 (GDPR) and applicable Spanish data protection legislation.

Further information is available in the Privacy Policy.

19. Applicable Law and Jurisdiction

This contractual relationship is governed by Spanish law.

Any dispute shall be submitted to the competent courts in accordance with consumer protection regulations.

20. Severability

If any provision of these Terms is declared invalid or unenforceable, the remaining provisions shall remain fully valid.

21. Insurance and Financial Protection Documents

For transparency and regulatory compliance purposes, the following insurance and financial guarantee documents are available:

  • Insolvency Guarantee Insurance (Travel Agency Financial Protection) – View document
  • Travel Agency Civil Liability Insurance – View document
  • Sports Accident Collective Insurance (Paragliding Activities) – View document
  • Civil Liability Insurance – Active Tourism & Aerial Activities – View document

These documents are provided for informational purposes. Coverage applies strictly within the limits, exclusions and conditions defined in the respective policies.