General Contracting Conditions
These General Contracting Conditions, herein referred to as “CGC”, shall govern the relations established between BARCELONA EXPERTS, and users making commercial transactions through our Web, www.barcelonaexperts.com.
1- Identification: The Web www.barcelonaexperts.com is owned by BARCELONA EXPERTS (from now on BE), a group of three former workers and collaborators of BE working as self-employed (Anna Lluïsa Subirà with NIF 45542191Y, Sònia Crespo with NIF 39357355P and Abel Roca with NIF 52203495G, specialising in excursions and guided tours, both general and specialised, to any place of interest in Barcelona and its surroundings, as well as all types of guide services. Its corporate domicile is in Barcelona, Antoni Maria Claret, 25-27 08037, telephone number +34 637423354, +34 610442052, +667419134 , e-mail: email@example.com.
2- Contracting procedure: The contracting of any of our services by Internet implies acceptance of each and every one of the General Contracting Conditions, as well as of the General Portal Usage Conditions. It is not necessary to register as a user in order to proceed to the contracting of our services by Internet. The steps to follow are:
PRIVATE AND OTHER TOURS
1) Selection of the desired service.
2) Reading of the present General Contracting Conditions.
They can be printed or downloaded by users at any time
The original language of the contract and the one with legal vigour is the Spanish version, without detriment to its availability in other languages.
3) Payment for the service.
4) Confirmation or cancellation of the services
Barcelona Experts markets its own products for which it requires the collaboration of other firms and suppliers, such as for example its private tours that include the sale of admission tickets, or tours for which transport must be booked, or tours that require a minimum number of participants, etc. In such cases, the customer shall consider the service as having been notified at the time of purchase; however, Barcelona Experts shall have 72 hours in which to cancel it if any incident should arise in connection with the provision of the service (events of force majeure or reasons beyond the control of BE: purchase of admission tickets, booking of transport, etc.). In the event of cancellation or of the services requested not being available, BE shall contact the customer and offer the following options:
A refund in full of the amounts paid by the customer to BE. Provision of the services on other dates, if available and if the customer so wishes. The non-availability of the services requested shall not entitle the customer to any compensation other than a refund of the amount paid. In the absence of any communication from Barcelona Experts during this period, the purchase is automatically confirmed.
3- Validity period of the offer: Offers shall be properly indicated on the screen. Nevertheless, services that have been contracted shall keep the price indicated at the time they were contracted.
4- Internet sales system: The process is very simple. To make a purchase, users shall simply have to follow the steps indicated during the contracting procedure, which are detailed in section 2 of the present conditions.
5- Applicable taxes: In the indicated prices, and in accordance with the regulations that are applicable to this sector (art 14.3 RD 1496/2003 dated 28 November), VAT shall be understood, where applicable, as already included in the transaction price and not obligated to pay the affected fee separately on the invoice that is issued.
6- Handling fees: handling fees involved in reserving tours online are included in the final price of each tour.
7- Payment method and security: In order to make the payment, there is a virtual payment gateway or PST (Point of Sale Terminal) located on a safe server, through which payment can be made by card with total safety and confidentiality, as the application is redirected to the Web site of the BBVA bank at the time of payment (an entity associated with AEMR-FECEMD, the Spanish Association of Relational Marketing and the Spanish Federation of Electronic Commerce and Direct Marketing). At this same bank web site, clients shall enter their credit card numbers, so that BE shall never know the credit card number of the purchaser. The PST uses encrypted SSL and CES system.
8- Client cancellation of tour or no-show: no refunds will be given to clients who, for whatever reason, cancel tours they have previously reserved or who do not show up for the tour. However, clients may change the date of their reservation, see below.
9- Changing the date of a reserved tour: clients may modify the date of their reservation, subject to availability on the desired day. Clients must contact our central office to do this and will be charged a handling fee of € 12.00.
10- Complaints: clients who wish to file a complaint may fill out a complaint form available at our central office or on the web site www.gencat.net.
11- Insurance: Prices quoted on the web do not include medical insurance; clients may arrange private cover if they wish.
12- Personal Data Protection: The identifying and personal data provided within the framework of the present Web site are confidential and shall comprise part of the files that are the property of the company Barcelona Expertswith the objective of processing and managing the purchase, as well as providing information about our products requested through our Web site. At the same time, users authorise Barcelona Experts to send them a Customer Satisfaction Survey and commercial information with respect to new items in the scope of the services it provides. This commercial communication shall be identified with the word ADVERTISING in the subject line of each message that is sent by e-mail. In the case that a user does not wish to receive the aforementioned information, they must simply send a notification to this effect to firstname.lastname@example.org at any time. Users shall have to obligatorily fill in all the fields on the forms that are marked with an asterisk with the objective of being able to process the contracting. Otherwise, BE shall not be able to finalise the purchase procedure. Data entered by the user on the forms shall have to be true, exact, complete and updated. If the person entering the data is different than the person who shall be declared as the user, it shall be understood that this party has the express consent of the user to do so and that this party grants BE authorisation to carry out the aforementioned handling. Users shall be the only responsible party for any direct or indirect damages that could arise due to filling out the form with false, inexact, incomplete or out of date data. The party responsible for the file must fulfil the obligation of confidentiality with respect to the content of the file. Similarly, the owner of the personal data shall have the right to oppose, access, rectify or cancel with respect to any and all data that are stored in the Barcelona Experts database. These rights can be exercised through any communication media addressed to Barcelona Experts at the address Antoni Maria Claret, 25-27 08037, Barcelona, by attaching a photocopy of the DNI or identification document or the owner of the data, or by sending the same to the e-mail email@example.com. Barcelona Experts reserves the right to modify its policy of confidentiality and data protection as a consequence of legislative, jurisprudential or company policy changes. If there are any changes, the new text shall be published on this page, where access shall be available for the current policy as regards confidentiality and data protection. In each case, the relations with users shall be governed by regulations in force at the exact moment the Web is accessed.
14- Applicable legislation: The applicable legislation shall be Law 34/2002, about services for computer companies and electronic commerce, Law 7/1998 about General Contracting Conditions, Royal Decree 1906/1999 through which telephone and electronic contracting is regulated with general development conditions in article 5.3 of Law 7/1998, General Law 26/1984 for Consumer and User Defence, Law 7/1996 about Retail Commerce Arrangements, Decree-Law 14/1999 regulator of Electronic Signatures, Catalan regulations about travel agencies (Decree 168/1994 dated 30 May), state laws about general contracting conditions (Law 7/1998 dated 13 April) and other legal regulations in force and applicable.
15- Competent jurisdiction: All commercial transactions made through www.barcelonaexperts.com are subject to Spanish legislation. In the case of any discrepancy that could arise during the execution or interpretation of the present conditions, the parties -expressly waiving their own jurisdiction- expressly submit to the Courts and Tribunals of Barcelona.
1. Scope of Application
This legal notice contains the conditions that regulate usage and access to the Web site www.barcelonaexperts.com (herein referred to as the “site” or “web” and the responsibilities stemming from its usage.
It shall be understood that merely accessing or using the Web site implies the user adhesion to all conditions that Barcelona Experts has published at this time on its Web.
The present legal notice contains the following contents:
1. Scope of Application
4. Intellectual and Industrial Property Rights
6. Confidentiality and Data Protection Policies
7. Responsibilities and Obligations
8. Duration and Modification
9. Legislation and Jurisdiction
The owner of this Web site is Barcelona Experts with corporate domicile at Antoni Maria Claret, 25-27 08037, Barcelona, and e-mail firstname.lastname@example.org.
Barcelona Experts is a group of three former workers and collaborators of BE working as self-employed (Anna Lluïsa Subirà with NIF 45542191Y, Sònia Crespo with NIF 39357355P and Abel Roca with NIF 52203495G, specialising in excursions and guided tours, both general and specialised, to any place of interest in Barcelona and Catalonia, as well as all types of guide services.
The objective of this Site is to publicise the activity that BARCELONA EXPERTS develops in the field of tourism.
4. Intellectual and Industrial Property Rights
The entirety of this Web site: technical product descriptions and characteristics, text, images, brands, logotypes, buttons, software files, colour combinations, as well as the structure, selection, arrangement and presentation of its contents, are protected by Spanish and international laws concerning Intellectual and Industrial Property.
In no case does accessing this Site imply any type of total or partial renunciation, transfer or assignment of the rights granted through Spanish and international legislation about Intellectual and Industrial property.
Reproduction (except for the temporary downloading from the Web site to the hard disk of the user’s computer or proxy servers), copying, usage, distribution, reuse, operation, making of second copies, sending by mail, transmission, modification, transfer or any other act carried out with all or part of the information contained on this Web that has not been expressly authorised by the owner is prohibited.
Users must use the content diligently, correctly and lawfully, and in particular, are required to abstain from the deletion, evasion or manipulation of the copyright or other identifying data as regards the rights of BARCELONA EXPERTS or of its owners that are incorporated as part of the contents, as well as the technical protection devices or any other information mechanisms that could be included in the contents. Likewise, users shall abstain from using contents, and in particular, information of any type obtained through the site in order to send advertising, communications with commercial objectives, unsolicited messages addressed to a multiplicity of people independently of its objective, as well as abstain from commercialising or disclosing this information in any way.
www.barcelonaexperts.com is a domain registered by Barcelona Experts The domain name of Barcelona Experts cannot be used, except after receiving express prior written authorisation, in connection with other services that are not Barcelona Experts. in any way that could cause confusion between our clients or discredit Barcelona Experts.
It shall be free for users to access the Site.
6. Confidentiality and Data Protection Policies
The identifying and personal data provided within the framework of the present Web site are confidential and shall be part of the files that are owned by the company Barcelona Experts. The objective of this file is to provide information about our products requested through the Web Site. At the same time, users authorise Barcelona Experts. to send them a Customer Satisfaction Survey and commercial information with respect to new features or products within the scope of the services it provides. These commercial communications shall be identified with the word PUBLICITY at the beginning of the subject line of each message that is sent via e-mail. If users do not wish to receive the aforementioned information, they can simply send an e-mail stating so to email@example.com at any time.
Users must obligatorily fill in all of the fields in the forms that are marked with an asterisk in order to be able to respond to the query. If not, we shall not be able to correctly respond to the matters in question.
Data entered on the forms by users must be true, exact, complete and current data. In the case that the person who enters the data is not the same party as the person who shall be declared as the user, it shall be understood that this party has the express consent of the user to do so and that the declared user grants us authorisation to carry out the previously described handling of the data. Users shall be the only parties responsible for any damages, direct or indirect, that could occur to any person due to filling out the form with false, inexact, incomplete or out-of-date information.
The person in charge of the file is obliged to comply with confidentiality with respect to the content of the files. Likewise, the owner of the personal data shall have the right to oppose, access, rectification and cancellation with respect to any and all data stored in the Barcelona Experts database. These rights may be exercised through any communication medium addressed to Barcelona Expertsat the address Antoni Maria Claret, 25-27, 0803t, Barcelona, by attaching a photocopy of the DNI of the owner of the data, or by sending an e-mail to firstname.lastname@example.org.
Barcelona Experts reserves the right to modify its confidentiality and data protection policies as a consequence of legislative or jurisprudential changes, or changes in corporate policies. If changes occur, the new text shall be published on this page, where all users shall have access to these current policies of confidentiality and data protection. In each and every case, the relationship with users shall be governed by the regulations set forth at the precise time that they access the Web.
7. Responsibility and Obligations
Responsibility as regards content
The content of this Web Site is general, as its objective and purpose are exclusively informative about the company’s products and corporate activities.
Barcelona Experts is exempt from any and all responsibility with respect to any decision adopted by users of this Web Site as a consequence of the information that the site contains.
The entity Barcelona Experts refutes any and all responsibility about any information that was not drawn up by Barcelona Experts or not published with its authorisation under its name. Similarly, it has no responsibility stemming from the poor usage of the contents, and reserves the right to update them, delete them, limit them or prevent access to them, either temporarily or definitively.
Responsibility with respect to links to other Web pages
Links that Barcelona Experts may establish to other Web pages are merely informational and thus, Barcelona Experts does not control or verify any information, content, products or services provided through these Web sites. Consequently, Barcelona Experts declines any and all responsibility for any aspect ?specially the content- of these pages.
Responsibility if this Web page is the target of a link on another page
As regards links established by other Web pages to this site, or if any user, entity or Web page wishes to establish some type of link whose target is the Web Site of Barcelona Experts, the following stipulations must be complied with:
– Authorisation must be requested prior to creating the link and the granting of authorisation must be express.
– Links can only be made to the home page.
– The link must be absolute and complete. In other words, it must take the user to the address of Barcelona Experts and must completely include the entire screen of the home page. In no case, except with the express and written prior authorisation of Barcelona Experts, can the page containing the link reproduce the Web Site of Barcelona Experts in any way, include it as part of its Web or within one of its frames or create a browser on any of the Web pages.
– No type of erroneous or incorrect information can be given about the page of Barcelona Experts.
– If you wish any of the distinguishing signs of Barcelona Experts to be included, such as brands, logos or name, express written prior authorisation must be received.
– The owner of the page offering the link must act in good faith and not attempt to negatively affect the reputation or good name of BARCELONA EXPERTS.
– It is prohibited, except with the express authorisation of BARCELONA EXPERTS, to add text elements from the brand or logo, the domain name or company name of Barcelona Experts as key words (metatags ormetanames) for the search of Web sites carried out through search engines.
Barcelona Experts does not assume any type of responsibility for any aspect related to the Web page that the link offers. The establishment of the link does not imply the existence of any type of relation, collaboration, or dependence by Barcelona Experts. with the owner of the other Web page.
Responsibility for technical aspects
Barcelona Experts does not guarantee the continuity of the operation of the Web Site or that the Site shall be operative and available at all times. Likewise, it shall not be held responsible for any direct or indirect damages, including damages to computer systems or the introduction of viruses existing on the network, stemming from the Internet navigation required for using this Web Site.
Users shall accept responsibility for any and all damages that Barcelona Experts could suffer as a consequence of non-compliance with any of the obligations set forth in this legal notice.
With respect to navigation, users must diligently and faithfully observe the recommendations that Barcelona Experts establishes at any time related to usage of the Site. For these purposes, Barcelona Experts shall address users using any communication medium through the Web site.
8. Duration and Modification
Barcelona Experts shall have the right to modify the terms and conditions that are stipulated herein unilaterally, either totally or partially. Any change shall appear in the same manner as this legal notice.
The temporary validity of this legal notice therefore coincides with the time that it is exhibited through that time at which it is modified either totally or partially by Barcelona Experts. Likewise, BE shall be able to terminate, suspend or interrupt the operation of this Web Site unilaterally, with users having no right to seek any indemnity whatsoever. After this termination, users shall have to destroy any information they have about the company Barcelona Experts that they have in any format and have obtained through the Site or through individual communications that have been sent to the users by the company.
9. Legislation and Jurisdiction
These usage conditions are governed by Spanish legislation.
Users and the company Barcelona Experts expressly renounce their own jurisdiction, and agree to submit any and all interpretations and conflicts that could arise from this legal notice to the Courts and Tribunals of Barcelona.