Agreement between user and www.gironafoodtours.com (DEBETURID S.L)
Effective Date: 1 March 2016
Welcome to www.gironafoodtours.com. Please read the following Terms & Conditions of this Use Agreement ("The Agreement" carefully before using the website. The www.gironafoodtours.com website (named the "Site" from here on) is comprised of various web pages operated by DEBETURID S.L. ("The Company"), a limited liability company based on the c/Federico Garcia Lorca 11, 1-1-, 17007 GIRONA, Spain, licensed under licence number GC-003007 under the Catalan Government in Spain. The Site www.gironafoodtours.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
Your use of The Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting www.gironafoodtours.com or sending emails to DEBETURID S.L. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on The Site, satisfy any legal requirement that such communications be in writing. DEBETURID S.L. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.gironafoodtours.com only with permission of a parent or guardian.
- Booking Terms: Online Reservations can only be made through this website using the contact form or by sending a reservation request to firstname.lastname@example.org.
Reservation requests are not confirmed until you receive a written email confirmation of your booking from The Company.
- Pricing: Prices listed are per person, unless stated otherwise.
All prices are in EURO, inclusive of the Spanish IVA (tax) charges.
The value of your transaction might be subject to taxes, foreign transaction, currency exchange or other fees at the time of payment. Your bank, Credit Card Company, Debit Card Company, or PayPal may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed and the final amount charged to your bank account, credit card, debit card or PayPal statement.
Please contact your bank or card company if you have any questions concerning any applicable conversion or fees. Price quotations can be subject to change without notice until a booking has been confirmed.
Prices do not include tips/gratuities to your foodie guide, driver or local guide.
- Payment Terms: Payments should be made in its entirety and can be made by: a bank transfer of the invoiced amount to the bank account of Girona Food Tours (DEBETURID S.L.) before said services are provided, or by using a PayPal account for which payment data will be sent to you before said services are provided by The Company, or by paying on the spot in cash with your Foodie Guide or with a valid credit card (MasterCard/Visa) using a mobile payment device provided by The Company. On your credit card statement it
will show as DEBETURID S.L.
The Company holds the right to charge any applicable additionally payment or service fees (surcharge) to your invoice.
The Company is obliged to inform you of any such additional fees before payment.
Your payments are payments are secure.
Maximum security, confidentiality and encryption during transmission of data are provided by our payment partners.
- Cancellation and Refunds: Once your booking is confirmed by The Company in writing, your booking is binding. Cancellations made 3 weeks prior to the scheduled tour date are fully refundable. Within 2 weeks of
the tour date any cancellations will be charged 50% of the total confirmed amount. Within 1 week before the scheduled tour date, cancellations will be charged 100%. All refund decisions will be made at the discretion
of DEBETURID S.L.
No partial credits or rescheduling is allowed for partial attendance, no shows, or late arrivals. It is your responsibility to arrive on time. In the event that The Company is forced to cancel or suspend a tour due to any factors beyond its control, The Company shall offer an alternative in the form of another tour or another dates, aiming to adjust to the availability of the client.
In case this is not possible, the full amount paid for services booked and confirmed shall be refunded. Cancellations can be sent to email@example.com. Your cancellation will be confirmed with a return email from The Company confirming your cancellation.
- Modifications: The Company reserves the right to make changes - such as location or number of venues to be visited - to different hours or different tours, without prior notification. In some cases, our partners and suppliers, might make changes to tour dates, prices, inclusions, coverage and all other requirements.
When The Company is aware of these changes, she will do her best to modify the tour to upkeep the standard of the package or notify participant(s) of these changes beforehand.
- Medical and Health Concerns: it is vital for tour participants with medical/health concerns to inform us of their condition. Your foodie tour guide reserves the right to disqualify anyone at any time during the tour if he or she feels the tour participant is incapable and/or if a tour member's continued participation will jeopardize the individual involved or the group. Refunds are not given under such circumstances.
- Participant Waiver and Release of Liability: you understand and agree that DEBETURID S.L. is not responsible for the foods or beverages consumed on its tours. The Company acts solely as agent in arranging tours, transportation, venue visits and other services and does not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization or person engaged in transporting passengers, rendering service, or carrying out arrangements for any tour or by the act of
default of any restaurant or shop or its employees.
You waive all claims of liability against DEBETURID S.L., its owner, employees, and tour guides for any illness/injury to anyone on this tour and/or loss/damage/theft to any attendee's property while they are participating in any DEBETURID S.L.'s tours. All participants participate at their own risk and waive any liability claims against DEBETURID S.L., its owner, employees, and tour guides.
You agree to grant DEBETURID S.L. a worldwide, royalty-free, fully paid up license to use your photographic, video, or digital likeness solely for our promotional and/or commercial purposes.
Alcohol Waiver: as a participant on a tour that involves consumption of alcohol, you affirm that you are over the legal drinking age of 18. You fully and clearly understand that you will be consuming alcohol
during the tour and you accept full responsibility for your behaviour, well-being, and health throughout the tour. You further realize that brewery/restaurant visits may involve alcoholic drink tasting before, during, or after the visit; and that the tour may involve walking through unfamiliar corridors, gangways, stairways and driveways.
You knowingly and wilfully accept these risks and take complete and total responsibility for your behaviour, well-being and health during the tour. You agree to hold neither DEBETURID S.L. nor the hosting brewery/restaurant or facility liable in any way should any harm come to you. By accepting the confirmation of your booking, you and all tour attendees affirm that you all have fully understood and agree to these Terms and Conditions, Waiver and Release of Liability.
- General disclaimer and limitation of liability: while The Company and The Site use reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of
the content and assume no liability or responsibility for any error or omission in the content. The Company and The Site do not represent or warrant that use of any content will not inadvertently infringe rights of
third parties. The Company and The Site have no responsibility for actions of third parties or for content provided or posted by others.
Use of The Site is at your own risk. All content is provided "as is" and "as available." neither The Company, The Site, nor any of their affiliated or related companies, nor any of the past, present or future employees, officers, agents, content providers or licensors of any of them, makes any representation or warranty of any kind regarding The Site, the content, any advertising material, information, products or services available on or through The Site, and/or the results that may be obtained from use of The Site or such content or services.
All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties that The Site will meet your requirements, be uninterrupted, timely, secure or error free, are specifically disclaimed. The Company, The Site, and the affiliates of the foregoing are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus that may infect, your computer equipment or other property.
In no event shall The Company or The Site, including their affiliates, employees, officers, agents, content providers and licensors, be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content of The Site, or any errors or omissions in the content, even if advised of the possibility of such damages.
In no event shall The Company, The Site, or their affiliates, employees, officers, agents, content providers or licensors be liable for any amount for direct damages in excess of EURO 100,--
- Indemnity: you agree to indemnify, defend and hold harmless, The Company and The Site, each of their parent and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (1) your use of The Site; (2) The Company or The Site's use of any content or information you provide, as long as such use is not inconsistent with this agreement; (3) information or material posted or transmitted through your membership account, even if not posted by you; (4) your participation in any of the food and cultural (walking) tours offered through The Site; and (5) any violation of this agreement by you.
- Waiver and Release of Claims: Tours. By virtue of booking and having a confirmation from The Company for participating in the food tasting and cultural tours offered by The Company, and in consideration of being
allowed to purchase said tickets and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, you understand, acknowledge, represent, warrant and agree as follows, with the
knowledge that The Company will rely on same:
A. You desire to participate in the food tasting and cultural walking tours offered by The Company (the "Tours");
B. You are in good health and suffer from no minor or serious physical or mental injury, illness or disability that would make you especially susceptible to injury or disability while performing any activity contemplated by this Agreement (including, without limitation, this Section 10);
C. You fully comprehend and accept all of the risks associated with your participation in the Tours including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians and the like) and death;
D. Your participation in the tours is at your own sole risk. you, on behalf of yourself and/or any person or entity claiming through or on your behalf, hereby forever and unconditionally release and discharge The Company, The Company's related and affiliated entities, the present and former employees, owners, officers, members, managers, partners, contractors, insurers, representatives and agents of the foregoing from any and all claims, actions, damages, liabilities, losses, costs and expenses in any way arising out of, or resulting from, your participation in the tours, including, without limitation, any and all claims, actions, and liabilities for death, injury, loss or damage to you, to anyone else, or to any property, regardless of whether or not such injury, loss or damage was caused by the negligence or wilful conduct of The Company or any of the released parties. you, on behalf of yourself and/or any person or entity acting through or on your behalf, further agree to defend and indemnify the released parties, and to hold the released parties harmless, from any and all liabilities, claims, actions, damages, expenses (including, without limitation, attorneys fees) and losses of any kind or nature whatsoever in any way arising out of, or resulting from, your participation in the tours; and
E. This Section 10 is in addition to, and not a limitation of, the other terms and conditions of this Agreement.
- Links to third party sites/Third party services: www.gironafoodtours.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of DEBETURID S.L., nor is DEBETURID S.L. responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Company of The Site or any association with its operators. Certain services made available via www.gironafoodtours.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.gironafoodtours.com domain, you hereby acknowledge and consent that DEBETURID S.L. may share such information and data with any third party with whom The Company has contractual relationship to provide the requested product, service or functionality on behalf of www.gironafoodtours.com users and customers.
- International Users: the relationship between DEBTURID S.L. and clients, whether from Spain or abroad, is governed by current Spanish law and any dispute will be submitted to the local Spanish tribunal. The Service is controlled, operated and administered by DEBETURID S.L. from our office within Spain. If you access the Service from a location outside Spain, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through www.gironafoodtours.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.