These General Terms and Conditions are subdivided into:
II. General Terms and Conditions of Tour in Barcelona
III. General Terms and Conditions of the Supplier of tours and other tourist services (referred company)
Within the scope of an intermediary service, Tour in Barcelona shall provide the visitors and Suppliers of tours or tourist services with this booking Platform.
Contracts for tourist services are to be concluded directly between the users of this booking Platform and Tour in Barcelona.
This website (including sub-sites and including text, images, videos, software, products, services and other information contained in or presented on the website; all together the “Website”) is provided by Tour in Barcelona, located in Spain.
You can contact us by email email@example.com
Bookings through the Platform are subject to the General Terms and Conditions of Tour in Barcelona.
While Tour in Barcelona tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). Tour in Barcelona may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. Tour in Barcelona may also block Users from accessing the Website or parts of it, or requires certain conditions to be fulfilled for such access. Tour in Barcelona does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, Tour in Barcelona does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.
Tour in Barcelona excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability regulation.
Tour in Barcelona does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. Tour in Barcelona does not recommend or endorse such content, and will not have any liability relating to it. Where Tour in Barcelona links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please send an email to firstname.lastname@example.org.
As between you and Tour in Barcelona, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.
The law of Spain shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remains unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Barcelona, provided the user is a tradesperson as per the Spanish Commercial Code or does not have a permanent place of residence in Spain when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.
1.1 Tour in Barcelona, runs a Platform for tourist offers in the form of an online offer via the internet (hereinafter jointly referred to as the “Tour in Barcelona Platform”). On the Tour in Barcelona Platform, users have the chance to find and book tours, activities and experiences in Barcelona. The online offer comprises guided tours and other services. The offers are placed online by Tour in Barcelona, but delivered by a guide (hereinafter referred to as “Suppliers”) with whom the respective contract for tourist services is concluded (“service agreement”). The Suppliers’ services can be accessed via the Tour in Barcelona Platform and bookings can be made.
1.2 Tour in Barcelona approaches both, consumers and companies. For the purposes of these General Terms and Conditions, the following applies:
a. A “consumer” is any individual person who has concluded a contract for purposes which cannot be predominantly assigned to commercial or independent work activities.
b. A “company” is a natural person or legal entity, or a partnership, which is performing its commercial or independent activities by concluding this contract.
c. The “user” denotes a natural person, unless this person has been explicitly registered with Tour in Barcelona as a legal entity. The actions and omissions that take place during the registration of a legal entity are allocated to a natural individual, unless they are carried out within the framework of their power of attorney for the legal entity. The “user” subsequently also includes users referred by sub-agent or distribution partners.
These General Terms and Conditions apply to any use of the Tour in Barcelona Platform. The contractual relationship between the user and Tour in Barcelona generally only comprises the proper referral of users to the respective Supplier. Consequently, part II of the General Terms and Conditions of Tour in Barcelona shall apply to offers on the Tour in Barcelona Platform and the provision of users to the Supplier. Part II of the General Terms and Conditions applies to the use of Tour in Barcelona Platform by cooperating partners (sub-agents or distribution partners), subject to special contractual agreements concluded with the respective cooperating partner. The contractual conditions of the Supplier, as per part III of these General Terms and Conditions, apply to the respective tourist service agreement between the user and the Supplier.
3.1 The use of Tour in Barcelona Platform’s offer can generally be done anonymously.
3.2 Certain types of use of Tour in Barcelona Platform, such as the making of bookings, require registration. During registration, the user sends an electronic registration form and consents to the General Terms and Conditions. The registration with Tour in Barcelona is only concluded once a confirmation is sent to the e-mail address specified by the user. Natural individuals must be over the age of 18 in order to register. The user has to keep the password he/she sets secret and take suitable precautions to prevent third parties becoming aware of it.
3.3 The creation of more than one user account for the same natural individual or legal entity is not permitted. The user account cannot be transferred.
4.1 Once the user has entered his/her desired service on the Tour in Barcelona Platform (e.g. type of tour, start time, number of participants & price options), Tour in Barcelona shall show the user the information about the Tour.
4.2 Tour in Barcelona assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Supplier, as all the information indicated and forwarded is based on data from Suppliers or third parties, which Tour in Barcelona cannot check in detail.
4.3 Tour in Barcelona shall notify the user of the conditions of transport and business of the Supplier for their contractual relationship with the user and for their services. They can be found in the respective tenders. The user is responsible for meeting and complying with these conditions. The Supplier reserves the right to not allow the user to undertake an action, or to exclude it, if they do not meet the conditions. In this case the paid price shall not be refunded.
4.4 Tour in Barcelona shall provide the user with a booking confirmation issued in the name of, and on behalf of, Tour in Barcelona, as well as a payment confirmation. The use of the Tour in Barcelona Platform itself is essentially free of charge for the user. The costs for the technical access to the Tour in Barcelona Platform (e.g. internet access) are to be borne by the user.
4.5 Tour in Barcelona shall forward the user any data for the use of a Supplier’s service according to the applicable conditions (such as ticket data), once they have been received by the Supplier.
5.1 The service agreement concluded with the Supplier shall apply to the fees to be paid by the user for the services of the Supplier.
5.2 Tour in Barcelona is permitted to collect the invoiced amounts in the name of and on behalf of the Supplier, provided nothing else has been explicitly stated in the Supplier’s invoice. If claims have to be paid by the user in a different currency than its national currency (claims for payment in foreign currencies), Tour in Barcelona can demand payment in the national currency of the user and the foreign currency claim can be converted based on the current exchange rate at the time the contract is concluded. Tour in Barcelona can charge the user a suitable conversion charge for this.
5.3 The contact partner, and contract partner, of the user in connection with the service agreement and its payment, is the respective Supplier. The user can only assert the repayment of a payment to the respective Supplier. A refund granted by the Supplier can also be processed by the Supplier via Tour in Barcelona. To simplify the process for the user, communication via Tour in Barcelona Platform is recommended.
5.4 To use the payment functions of Tour in Barcelona , the user has to register. The user has to enter correct payment information and update the details immediately in the event of changes. Tour in Barcelona can reject the payment method specified by the user. The user will be notified of the payment methods permitted for the respective service during the order process.
5.5 Upon the authorization of the payment, the user consents to his/her payment information being used for the collection of payments by the creditor. Tour in Barcelona reserves the right to make the use of the payment function of Tour in Barcelona dependent on a check of the credit rating of the user.
6.1 All prices on Tour in Barcelona are quoted per person and include VAT and all other taxes. Local taxes may be charged on site.
6.2 These prices specified by the Suppliers may be subjected to special conditions, for example with regards to cancellation and the refunding of payments made. Before making the booking, please check precisely whether the respective service agreement is subject to separate conditions.
7.1 Tour in Barcelona would like the user to pay the lowest possible price for the respective service.
7.2 All special offers and promotional campaigns are marked as such.
8.1 The user shall keep the registration data (user login and password) secret and not allow third parties access to Tour in Barcelona Portal using his/her registration data. The user shall be accountable for all use of his/her user account on Tour in Barcelona Portal.
8.2 After receiving the service information, the user can send any orders to Tour in Barcelona for forwarding to the Supplier.
8.3 The user shall exempt Tour in Barcelona from third-party claims based on his/her use of the Tour in Barcelona Platform, unless they are the fault of Tour in Barcelona .
9.1 There is no claim for availability, quality or service features, or technical support for the Tour in Barcelona Platform. Tour in Barcelona can redesign, reduce or suspend their online portal Tour in Barcelona at any time, at its discretion. Existing agreements of the user with a Supplier, as well as the execution of these agreements, remain unaffected by these changes.
9.2 Tour in Barcelona makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Suppliers).
9.3 Tour in Barcelona makes no guarantee or warranty for the services provided by the Suppliers.
9.4 Provided Tour in Barcelona does not have any obligation to the user, Tour in Barcelona also provides no guarantee.
10.1 If Tour in Barcelona has not assumed a corresponding contractual obligation by means of an explicit agreement with the user, it is not liable for the realization of corresponding agreements with Suppliers in line with the booking request of the user.
10.2 Without explicit agreement or an assurance of this kind, Tour in Barcelona is not liable for defects in the performance of the service and personal or material damage incurred by the user in connection with the travel service provided, concerning the services provided.
10.3 Any liability of Tour in Barcelona due to the culpable violation of obligations in the brokering of contracts remains unaffected by the aforementioned conditions.
10.4 The liability of Tour in Barcelona for contractual claims of the user is limited to three-times the price of the tourist services procured, except for
10.5 For ordinary negligence, Tour in Barcelona is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are obligations which need to be fulfilled to make the proper execution of the contract possible and whereby the user can regularly rely on them being met.
10.6 Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on the product liability law.
Users can cancel their registration on Tour in Barcelona Portal at any time by blocking their user account. Tour in Barcelona can cancel a registration unilaterally with one week’s notice. Claims which have arisen before this is done, remain unaffected. The right to extraordinary cancellation remains unaffected.
12.1 Users have the opportunity to have personal influence on the content of Tour in Barcelona Platform by writing travel reports in the form of evaluations, or uploading pictures (“user content”). Users are fully responsible for the user content they provide. They ensure that the content is correct and guarantee that the content does not contain any misleading or illegal statements or details. Furthermore, the users guarantee that the content does not violate third-party rights. Under no circumstance and in no way does Tour in Barcelona make user content its own, it merely provides a Platform.
12.2 Tour in Barcelona can use the user content in various ways. This includes displaying it on the website, reformatting, editing for more clarity or better grammar, incorporation into adverts or other work.
12.3 Tour in Barcelona can remove or report user content where necessary and at its own discretion . For example, Tour in Barcelona can remove user content if it violates the Tour in Barcelona principles for content, in the opinion of Tour in Barcelona. Tour in Barcelona is not obliged to store copies of user content or provide copies thereof. Tour in Barcelona does not guarantee the confidentiality of user content.
12.4 Tour in Barcelona can display adverts and other information together or next to the user content on the website and other media. Users have no claim to remuneration for these adverts. Subject to changes regarding the type and scope of these advertising measures. The user does not need to be especially notified of this.
12.5 The users shall fully indemnify Tour in Barcelona and its distribution partner or sub-agents from all third-party claims (incl. suitable costs for legal prosecution and defense) at first request, which these third parties assert against Tour in Barcelona concerning the user content provided by the user. This also applies if the contested content can no longer be accessed on Tour in Barcelona Platform. This does not apply if Tour in Barcelona is responsible for the legal violation. In the event of recourse by third parties, users have to immediately, truthfully and completely provide Tour in Barcelona with all the information necessary to verify the claims and defend them.
13.1 Tour in Barcelona collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for Tour in Barcelona between the user and Tour in Barcelona.
13.2 If Tour in Barcelona is involved in the communication for a service agreement between the user and the respective Supplier, it shall transfer the data required for this agreement to the respective Supplier. This Supplier processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective Supplier can be taken from the booking dialogue.
14.1 Tour in Barcelona reserves the right to change these General Terms and Conditions at any time and without stating the reasons. Tour in Barcelona will only make changes affecting the user, which the user must agree to in consideration of mutual interests. This concerns, for example, cases where the equivalence principle has been disturbed, as well as loopholes and changes in legislation. The amended conditions will be sent to the users by e-mail at the latest two weeks before they come into effect. If a user does not reject the validity of the new General Terms and Conditions within two weeks of the receipt of the e-mail, the amended General Terms and Conditions are deemed to have been accepted. Tour in Barcelona will notify the user, in the e-mail containing the amended conditions, of the importance of this two-week deadline.
14.2 These Terms and Conditions can be amended at any time and without notice for future intermediation of contracts with Supplier. The respective conditions valid for each individual contract conclusion shall apply.
15.1 These General Terms and Conditions represent the whole agreement between Tour in Barcelona and the user. No additional agreements exist.
15.2 Spanish laws shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remains unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Barcelona, provided the user is a tradesperson as per the Spanish Commercial Code or does not have a permanent place of residence in Spain when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.
15.3 If provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the rest of the provisions.
Part III of these General Terms and Conditions applies to all contracts concluded between the Suppliers and the users via the Tour in Barcelona Platform. This also applies, if access to the Tour in Barcelona Platform is provided via a cooperating partner (sub- agent, distribution partner).
The details transferred via the Tour in Barcelona Platform must be truthful. The Supplier reserves the right to withdraw from the contract or to exclude users from participating in the service if defective details are provided by the user.
You are responsible for arriving on time at the notified meeting point. If you are travelling to an activity from abroad, you are responsible for having the necessary travel documents (passport etc.), and for observing the health regulations etc.
If Supplier includes in addition to these General Terms and Conditions of Supplier of tours and other tourist services of Part III further participation or transport or other terms in a contract with you, you are responsible for observing these additional terms. The Supplier reserves the right to exclude participants from the activity if they do not meet these conditions.
The agreed total price for the service we have provided is due upon the conclusion of the contract.
The Supplier points out that according to legal provisions contracts for tourism services which are concluded as remote selling (i.e. via the Tour in Barcelona Platform) do not have a right of revocation, but merely the legal rights to withdraw and cancel the contract.
The price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity booked and will be warned before from Tour in Barcelona.
If you or the user you have referred do not pay for the booked service according to the agreed due date of payment, Tour in Barcelona can remove the user from the tour/activity at its own discretion.
All messages between you, or the user you have referred, and the Supplier shall be done via the Tour in Barcelona Platform. In the interest of quick processing, it is recommended to exclusively use the forms provided by Tour in Barcelona .
10.1 If you reject (cancel) the activity, the cancellation conditions stated in the product description as well as on your voucher apply. Tour in Barcelona advises the user to carefully read the information in the product description.
10.2 Check our Cancellation Policy
10.3 The refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount shall be credited at the end of the current invoicing period. The exact time of the refund depends on the user’s credit card agreement. The refund by bank transfer shall be done within seven bank working days.
The Supplier can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions (in particular force majeure) make the execution of the activity impossible, make it considerably more difficult or endanger it. In this case the paid price is refunded.
The Supplier is permitted not to allow you to join an activity, or to exclude you from one, if you do not meet the personal participation requirements, your participation would endanger you or someone else or in any other way make the activity impossible in the long-term. This applies accordingly to a user you have referred. In these cases, the paid price cannot be refunded.
Furthermore, the Supplier reserves the right to make non-essential changes to the program, if this is necessary due to unforeseeable or unavoidable conditions.
Further conditions or deviating conditions can be found in the respective tenders.
For calculations of the time and deadlines, the time zone of the Supplier is authoritative.
The Supplier is liable in accordance with the applicable law for its services, whereby the liability, if permitted according to the applicable law, is excluded.
These Terms and Conditions of the Supplier of tours and other tourist services of Part III can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on the existing conditions.