Terms & Conditions
If you have any concerns or questions about our Terms & Conditions and/or privacy policies, please contact us.
- The terms “we,” “us,” and “our” refer to BarcelonaPrivateTourGuide.com / Yutajachi International Services S.L. The terms “site” and “website” refer to http://www.barcelonaprivatetourguide.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The term “Service” refers to services provided by BarcelonaPrivateTourGuide.com such as (but not limited to) tours, day trips, digital products and consultancy services.
- BarcelonaPrivateTourGuide.com provides private tours in Barcelona and day trips excursions in the Catalonia Area. Our website also includes a blog where we share tips useful for people visiting Barcelona, and we may also use it to sell digital products such as (but not limited to) e-books and other services such as (but not limited to) Skype consultancy calls.
EFFECT OF THE HEADINGS
- The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
USE OF THE SITE AND SERVICE
Use of http://www.barcelonaprivatetourguide.com, including all materials presented herein and all services provided by BarcelonaPrivateTourGuide.com, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
- Age. To access or use the Site, and to book/purchase our services, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
- Information provided on the Site and in the Service related to tours, products, services and other information are subject to change. BarcelonaPrivateTourGuide.com makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. BarcelonaPrivateTourGuide.com disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
- Communications. Emails, phone calls and other communications will receive the status of “consultancy” offering general guidelines, because we are unable to conduct the extensive analysis that we would in an in-person setting. Therefore, the advice we provide in emails, phone calls and other communications before completing your booking, is not substitute for working with a travel agent or a private tour guide.
- You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only.
- You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
- In order to use the Service or Product, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to BarcelonaPrivateTourGuide.com will always be accurate, correct, and up to date.
- You must not impersonate someone else or provide account information or an email address other than your own.
- Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction or ours.
ORDERS & BOOKINGS
- The Services are offered subject to our acceptance of your order or requests.
- No order or booking is deemed accepted by us until payment has been processed.
- We will email you to confirm the placement of your order or bookings and with details concerning your booking or purchase.
- In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
REFUSAL OF SERVICE
- We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so.
- We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
OUR INTELLECTUAL PROPERTY
- BarcelonaPrivateTourGuide.com is a registered trade mark. All rights reserved.
- The Site and Service contain intellectual property owned by BarcelonaPrivateTourGuide.com, including trademarks, copyrights, proprietary information, and other intellectual property.
- You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent.
- We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
- We may at any time amend these Terms and Conditions. Such amendments will be valid from the moment they are published (unless otherwise stated) or when they are notified to the client (whatever happens first). Any use of the Site or Service by you after being notified means you accept such amendments.
- We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service. Additionally, we will not bet liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if BarcelonaPrivateTourGuide.com has been advised of the possibility of or could have foreseen the damages.
In case the exclusion or limitation of liability for the damages didn’t apply, our liability is limited to the fullest possible extent permitted by law. In no event shall BarcelonaPrivateTourGuide.com’s cumulative liability to you exceed the total purchase price of the Service or Product you have purchased from BarcelonaPrivateTourGuide.com, and if no purchase has been made by you BarcelonaPrivateTourGuide.com’s cumulative Liability to you shall not exceed €100.
- Governing Law; Venue; Mediation:
- This Agreement shall be construed in accordance with, and governed by, the Spanish laws as applied to contracts that are executed and performed entirely in Spain. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Barcelona, Catalonia.
- The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of Spain or any other procedure upon which the parties may agree.
- The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
- You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service.
- You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary.
- You shall not settle any third party claim or waive any defense without our prior written consent.
- Recovery of litigation expenses. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
- Severability. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
- Assignment. These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
- Invalidation. If any part of these Terms and Conditions were declared invalid by the competent authority, the reminder of the Terms and Conditions will remain completely valid. Whenever possible, BarcelonaPrivateTourGuide.com retains the right to integrated and interpret all the parts that wouldn’t have been declared invalid by such authority.
BarcelonaPrivateTourGuide.com’s inactivity to ensure compliance with these Terms and Conditions will never be interpreted as a renounce to any rights or actions to which BarcelonaPrivateTourGuide.com and Yutajachi International Services S.L. might be entitled.
These Terms & Conditions apply to any customer (paying or invited) and any other individuals taking the tour with the customer, in addition to our General Terms & Conditions:
- Official tourguide for the number of hours booked.
- Professional driver with car insurance (if you have booked chauffeured services).
- Luxury vehicle (if you’ve booked chauffeured services): Mercedes car, luxury minivan or luxury bus. All of them air-conditioned and roomy.
- Travel advice: recommendations to help you plan the rest of your stay in Barcelona.
- Cruise pier pick-up/drop-off (chauffeured tours only).
- VAT (Value Added Tax).
WHAT’S NOT INCLUDED
- Entrance fees. (*Please note that you’ll have to pay for the tickets of Park Güell upon booking -if Park Güell is included in your tour-, as we need to book them in advance to guarantee access).
- Site reservations. Compulsory for groups of 9 or more.
- Taxi, subway and bus rides. If needed during a walking / taxi /subway tour. Travel arrangements to or from tours organized by BarcelonaPrivateTourGuide are not included either.
- Lunch. If applicable.
- Drinks and food in Gourmet Tours.
- Luggage handling. If you are traveling with luggage, standard fees don’t apply and a supplement will be charged.
- Airport or hotel airport pick-up/drop off. Standard fees don’t apply and a supplement will be charged.
- PayPal fees.
- Personal expenses: souvenirs, personal beverages and snacks, other items…
- Medical expenses and insurance.
- Tips/Gratuities. In Spain, tips are appreciated and they are considered a sign that you enjoyed a service. Giving a tip or not at the end of the service remains your personal choice.
- Other incidental expenses, incurred as a result of your booking: visas, vaccinations, travel insurance, non-refundable flights/transportation tickets, loss of enjoyment, phone calls, etc.
Payment should be done through PayPal.
Using PayPal you can use your own Paypal account, so you have all the warranties, and if you do not have a Paypal account, you can use your Credit Card to pay through the Paypal platform, so we will not receive any sensitive data.
The booking will be done only when you have sent the money and you received a confirmation via e-mail from BarcelonaPrivateTourGuide.com.
CHANGES AFTER THE BOOKING HAS BEEN COMPLETED
Changes requested by the client
- Date/time changes. Date/Time changes will depend on our team’s availability, and might imply a tour guide change. PLEASE NOTE that if we have already bought tickets for the Park Güell for your tour, such tickets will be lost and you’ll have to pay for them again if you still wish to visit it.
- Last minute logistic changes. No logistic changes (meeting point, starting time, date, etc.) are accepted less than 72 hours before the scheduled tour starting time.
- Itinerary changes. Itinerary changes can be usually introduced without any problem (except when they mean extending the tour time: in that case it will depend on our availability). Note that itinerary changes in daytrips might imply a change in the final fee. PLEASE NOTE that if we have already bought tickets for the Park Güell for your tour, and you decided to skip it from your original itinerary, such tickets will be lost and no refund will be given.
- Driver changes requested by the client:
- Adding a driver. If you booked a walking tour and decided to change to a chauffeured tour, this will only be possible depending on drivers availability.
- Canceling a driver. If you booked a chauffeured tour and later on you decided to cancel the driver, cancellation fees might apply. Each case will be studied independently.
- Changing vehicle size. If you booked a tour in a vehicle for a certain amount of passengers and later on the group size changed and needed a larger/smaller vehicle, the change of vehicle will depend on the driver’s availability. No vehicle change is accepted in less than 24h before the scheduled tour starting time.
Changes made by BarcelonaPrivateTourGuide.com
- Tour guide changes: BarcelonaPrivateTourGuide.com reserves the right to change your tour guide after booking upto 5 days before your tour, for organizational reasons.
- Itinerary changes: We’ll stick to the agreed itinerary as much as possible, but we reserve the right to change the itinerary and timings depending on weather conditions and unpredictable events caused by traffic, demonstrations, works in progress… Our itineraries are based on the typical tourist pace: not too rushed, but not too relaxed. Our guides handle the tour rhythm in a pleasant way, but it’s the client responsibility to follow the guides indications so we can cover everything that was planned. BarcelonaPrivateTourGuide.com will not be responsible if there wasn’t time to visit all the promised sites in the itinerary. No refunds for itinerary changes.
- Any cancellation must be initiated by e-mail contacting us at email@example.com, and will be also acknowledged by BarcelonaPrivateTourGuide.com via e-mail. Cancellation notifications by phone will not be accepted.
- Weather conditions: Tours are carried rain or shine. Bad weather is not a valid reason to cancel a tour.
- Tour Guide changes: BarcelonaPrivateTourGuide.com reserves the right to change the guide assigned upon booking upto 5 days prior to the tour date. No refund will be given if a client decides to cancel a tour due to a guide change.
- Circumstances beyond our control: BarcelonaPrivateTourGuide.com is not liable for reduced/cancelled itineraries due to circumstances beyond our control such as flight delays, ships unable to dock for whatever reason or unscheduled closures of tourist sites. Therefore, adequate insurance is strongly advised.
- Special cases: Other major force cancellations might be discussed to reach an agreement. A verification of the reason why the tour was cancelled will be requested.
- Cancellations more than 60 days before the tour date: 15€/cancelled service will be kept as cancellation fee, plus any applicable exclusions detailed below.
- Cancellations less than 60 days before the tour: 50€/cancelled service will be kept as cancellation fee, plus any applicable exclusions detailed below.
- Cancellations less than 30 days before the tour: A 25% of the total cost of the cancelled services will be kept as cancellation fee, plus any applicable exclusions detailed below.
- Cancellations less than 48h before the tour: If the tour is cancelled less than 48h before the tour starts or the client doesn’t show, no refund will be given.
- No-shows. If the client hasn’t shown up nor made contact with us via the tour guide telephone provided in the booking form within 30 minutes after the booked starting tour time, we’d consider it a no-show and no refund will be given. Clients booking an airport pick-up tour must contact us ASAP if their airplane is delayed or cancelled (detailed instructions are provided upon booking – failure to contact us to announce a delay will result in no-show declaration).
- Cancellation of part of the total booked services: When several services have been booked and the client needs to cancel only part of them, the above policies will be applied only to the cancelled services part. If the cancellation takes places less than 48h before the service date, no refund will be given.
EXCLUSIONS. The above stated refundable amounts don’t include: any non-recoverable upfront costs incurred by BarcelonaPrivateTourGuide.com on your behalf (either broken down in the tour descriptions such as (but not limited to) the Park Güell entrance fees, or other agreed with the client before booking), refund transfer costs.
Tickets are non-refundable and BarcelonaPrivateTourGuide.com will retain them to use as fit in case of Cancellation. If the client wishes to be sent the tickets, it will be possible to claim them as long as the client pays the cost of our ticket booking services (complimentary for paying clients*, but not for non-clients or clients having cancelled a tour).
*Groups upto 9 people only
- Refunds will be sent back to you via Paypal, unless otherwise agreed with the client. The client will take care of any costs/commissions required for the refund transfer.
Cancellations by BarcelonaPrivateTourGuide.com
- In the unlikely event that BarcelonaPrivateTourGuide.com or their tour guides had to cancel a tour, we’ll always first try to agree to another timeframe that works for the client.
- If we couldn’t agree on another time for the tour or we couldn’t provide a substitute, the deposit will be refunded within 10 working days.
OTHER TOUR DETAILS
- Client is responsible to inform on meeting point no later than 72 hours before tour starting time: Either if the client booked the tour before knowing the exact place where they’ll be staying, or if there was a hotel change, the client is responsible for informing BarcelonaPrivateTourGuide.com of the right meeting point at least 72 hours before the due starting time of their first booked tour.
- Client is responsible to be on time: BarcelonaPrivateTourGuide.com is not liable for reduced itineraries due to late start or delays by the client. Tour time starts counting from the time agreed with the client to meet the guide. If the client is late, it’s time wasted from the tour. There are no refunds for wasted time when clients are late: tours must finished at the time that was planned upon booking.
- Client is responsible for their own safety and their party’s. That includes crossing roads/streets, going up/down stairs or steps, wearing seatbelt inside vehicles… BarcelonaPrivateTourGuide.com is not liable for any injury, damage, loss or accident incurred during the tour.
- BarcelonaPrivateTourGuide.com reserves the right to terminate any tour due to unreasonable behavior of the client.
- Luggage and personal effects are carried entirely at the owner’s risk. BarcelonaPrivateTourGuide.com is not liable for damage, loss or other irregularity incurred during our tours.
- Client is urged to acquire adequate insurance to cover any loss as a consequence of flight/cruiseship cancellations/delays, personal illness and other circumstances beyond BarcelonaPrivateTourGuide.com’s control that might cause the tour to be cancelled. BarcelonaPrivateTourGuide.com is not liable for any delay or irregularity of this nature, nor any expenses resulting from them.
- Itinerary: We’ll stick to the agreed itinerary as much as possible, but we reserve the right to change the itinerary and timings depending on weather conditions and unpredictable events caused by traffic, demonstrations, works in progress… as well as ticket availability when we pre-book tickets for the visited sites. Our itineraries are based on the typical tourist pace: not too rushed, but not too relaxed. Our guides handle the tour rhythm in a pleasant way, but it’s the client responsibility to follow the guides indications so we can cover everything that was planned. BarcelonaPrivateTourGuide.com will not be responsible if there wasn’t time to visit all the promised sites in the itinerary. No refunds for itinerary changes.
- Food: In lunch stops and Gourmet or Tapas Tours, client is responsible for telling the tourguide about any food allergies or intolerances they might suffer so we can help choosing your food. The client takes full responsibility for the food that he or she decides to eat, and BarcelonaPrivateTourGuide.com will never be liable for any health issue resulting from the food/drinks eaten/drunk during a tour. No food or drink to be consumed inside vehicles except by permission of the driver.
WHEELCHAIR USERS AND OTHER WALKING AID DEVICE USERS
- Timing and itinerary. Moving around by wheelchair considerably slows down the tour pace and therefore there might not be enough time to cover everything as descrived in our website. Please check with us before booking your tour, so we can assess what can be realistically done in the time you intend to book.
- Pushing the wheelchair. Our guides should never push a client wheelchair: they have not received any specific nor professional training to push wheelchairs. It is the client’s responisiblity to ensure the mobility of every member of his/her group. When a client or member of his/her group moves around using a wheelchair, another member of the group must be responsible for pushing it. If no member of the group is able to push the wheelchair, then the client should use a scooter or motorized wheelchair that requires no pushing.
- Guides pushing the chair – disclaimer and responsibilities. In the event that on the day of the tour there was no one in the group able to push the wheelchair and the wheelchair was not motorized, the client might ask the guide to push:
- Our guides are entitled to refuse to push if asked, even if that means that the tour cannot proceed. No refunds will be given in such case.
- If the guide accepts to push, then all responsibility for the pushing will rely exclusively on the client: the client consciously releases the guide and BarcelonaPrivateTourGuide.com from any responsibility and under no circumstances the guide or BarcelonaPrivateTourGuide.com shall we be liable for direct, indirect, incidental, consequential, special or any other damages arising out of the guide pushing the wheelchair. The client shall also indemnify and hold the guide and BarcelonaPrivateTourGuide.com harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s and medical fees, arising out of any issue resulting from the guide pushing the wheelchair.
- Walkers and other walking aid devices. Clients must be able to carry their own walkers or other walking aid devices at all times or someone in their party must be able to do it for them. Under no circumstance our guides will be made to carry walkers or other devices for the totality or most of the tour length. If help is only required occasionally, such as in case of stairs, and no one else in the group is able to carry the walking devices then, BarcelonaPrivateTourGuide.com must be informed before booking of the weight of the devices, so we can evaluate the possibility of asking the guide to help. We reserve the right of refuse or cancel a booking if we consider that carrying walkers or walking aid devices could harm our staff. Any applicable refunds will be handled according to our Cancellation Policy. We strongly advise clients to inform us of any help needed BEFORE booking, to prevent any cancellation fee that could be applied if the help request was made after the booking and we couldn’t accommodate it.
- Guides carrying walkers and walking devices. We cannot guarantee our guides will be able to help carrying devices up and down stairs, but we can provide stair-free alternatives even if that might imply reducing the original itinerary. No refunds or complimentary extra time will be given in such case.
- If the guide accepts to carry the walkers or walking devices at some point, then all responsibility will rely exclusively on the client: the client consciously releases the guide and BarcelonaPrivateTourGuide.com from any responsibility and under no circumstances the guide or BarcelonaPrivateTourGuide.com shall we be liable for direct, indirect, incidental, consequential, special or any other damages arising out of the guide carrying the walker or walking devices. The client shall also indemnify and hold the guide and BarcelonaPrivateTourGuide.com harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s and medical fees, arising out of any issue resulting from the guide carrying such device/s.
ADDITIONAL LEGAL INFORMATION FOR TOURS
- While we aim at describing our tours, services and products as accurately as possible, we cannot guarantee that the itineraries, timings, pricing, vehicles, tour guides and other elements of your tour will be 100% accurate at any given time. Occasionally, we may correct errors in pricing and other tour details. If you encounter an error, please let us know: we’ll take action and offer you the best customer service we can to remedy the situation.
- You must be older than 18 years old to book a tour with BarcelonaPrivateTourGuide.com, and you must provide a real name and address for invoicing purposes.
- You or other adult in your party will be responsible for any infant, child or teen minor than 18 years old participating in your tour. No tour can be booked for minors only: there will always be at least one adult in your party to accompany them. Age of majority in Spain is 18 years old, so a young adult older than 18 can already be legally considered responsible for kids in their party if there isn’t anyone more suitable. BarcelonaPrivateTourGuide.com tourguides, drivers and other BarcelonaPrivateTourGuide.com staff and collaborators will never be considered legal tutors of underage participants of the tour, nor responsible for them.
- The payment of the tour or reservation fee payment constitutes consent of the tour to the terms and conditions explained herein.
- Our tours begin on your arranged pickup time and end at the expiration of the number of hours booked.
- BarcelonaPrivateTourGuide.com reserves the right to cancel the services booked by any disruptive or disrespectful customer without notice. No refunds will be given in such a case.
- BarcelonaPrivateTourGuide.com cannot be held responsible for acts beyond its control, ie: acts of Nature, Acts of War, Planned or Unplanned attacks. We are not responsible for damages or losses including loss of income from persons or entities not controlled by BarcelonaPrivateTourGuide.com, such as Transportation Providers, Tourist Sites such as Buildings, Museums or other Tourist Attractions, Restaurants, Cafés, Bars, Shops or any other provider. In the event of any claims, disputes arising from our relationship or caused by the tours; all parties consent to having their grievances heard in the jurisdictions and venues of the courts in Barcelona, Spain.
- Tourguides other than Javier Sanchez de Arevalo are freelance professionals and they are not employees of BarcelonaPrivateTourGuide.com. BarcelonaPrivateTourGuide.com acts only as an intermediary to provide you tours when Javier Sanchez de Arevalo is not available. They are all professional and experienced licensed tourguides.
- Drivers hired by BarcelonaPrivateTourGuide.com are service providers and they do not belong to nor are operated by BarcelonaPrivateTourGuide.com.
LIABILITY WAIVER FOR TOUR USERS
It is each individuals responsibility to read and understand the terms and conditions of BarcelonaPrivateTourGuide.com prior to paying* for their tour.
BY PAYING FOR YOUR TOUR* YOU:
√ Understand that BarcelonaPrivateTourGuide.com does not own or operate the driver services used for chauffeured or bus tours. As a result, BarcelonaPrivateTourGuide.com and Yutajachi International Services S.L. are not liable for any negligent or willful act or failure to act of such third person, or of any other third party.
√ Understand that BarcelonaPrivateTourGuide.com does not employ other tour guides apart from Javier Sanchez de Arevalo, and BarcelonaPrivateTourGuide.com acts only as an intermediary to provide you the tours when Javier Sanchez de Arevalo is not available. As a result, BarcelonaPrivateTourGuide.com and Yutajachi International Services S.L. are not liable for any negligent or willful act or failure to act of such third person, or of any other third party.
√ Accept that BarcelonaPrivateTourGuide.com reserves the right to reassign you a different tour guide until upto 5 days prior to your tour date.
√ Acknowledge that you have voluntarily applied to participate in the tour designated on this application, and do so with the knowledge of the risks and dangers involved, including but not limited to:
- Negligence in the conduct or arrangement of this trip in any respect from inception to completion;
- Physical exertion for which you are not prepared;
- Forces of nature;
- Transportation failures whether by car, bus, subway, by foot, or by any other conveyance;
- Consumption of alcoholic beverages;
- Risks associated with food or impure water;
- Civil unrest; terrorism;
- Criminal activity;
- Accident or illness without access to means of rapid evacuation or availability of medical supplies or services;
- The adequacy of medical attention once provided;
- Damaged, stolen, lost, or misplaced luggage or property.
√ Declare to suffer from no physical or mental condition that could make you susceptible to injury or disability during the tour.
√ Understand that your own contribution to the tour is also crucial for the success of it. You are entirely responsible for things such as (but not limited to) your mood, interest, interactions, decisions, stamina levels, walking issues, punctuality and communication with your tour guide. If there is something that could improve your experience, we encourage you to share your insights and feedback with your tour guide, so he/she can introduce the necessary changes when possible.
√ AGREE TO BE RESPONSIBLE FOR YOUR OWN WELFARE AND PROPERTIES AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH.
√ RELEASE AND DISCHARGE FOREVER BARCELONAPRIVATETOURGUIDE.COM AND YUTAJACHI INTERNATIONAL SERVICES S.L., AND ANY AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, PRESENT AND FORMER EMPLOYEES, OWNERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, INSURERS, SHAREHOLDERS AND DIRECTORS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM YOUR PARTICIPATION IN THE TOUR. You agree that this release shall be legally binding upon you personally, all members of you family or group, and all minors traveling with you, you and their heirs, successors, assigns, and legal representatives, it being you attention to fully assume all the risks associated with this trip and release BarcelonaPrivateTourGuide.com and Yutajachi International Services S.L. from any and all liabilities to the maximum extent of the law.
√ This Waiver shall be binding upon your next of kin, heirs, personal representatives, beneficiaries and assigns and shall inure to the benefit of BarcelonaPrivateTourGuide.com, its successors and assigns.
*Either it is a full payment, deposit or reservation fee.
SERVICES AND PRODUCTS
These Terms & Conditions apply to any customer or user of services and products sold in this Site (such as, but not limited to, Skype consultancy sessions or digital products), in addition to our General Terms & Conditions:
SERVICE AND PRODUCT DESCRIPTION
- We endeavor to describe and display the Service or Product as accurately as possible. While we try to be as clear as possible in explaining them, please do not accept that the Site is entirely accurate, current, or error-free.
- From time to time we may correct errors in pricing and descriptions.
We reserve the right to refuse or cancel any order with an incorrect price listing.
SKYPE CONSULTANCY SESSIONS
- Consultancy sessions can’t be booked less than 48h beforehand.
- BarcelonaPrivateTourGuide.com reserves the right to change the date/time of the meeting within 48 hours after the booking has been completed. In such case, the client would be contacted to agree on a different date/time that fits both parties.
- If the client and BarcelonaPrivateTourGuide.com couldn’t agree on a date/time that was convenient for both parties. The client needs to contact us suggesting posible meeting times, so we can study the case and suggest a time for the call.
- The client is responsible for providing a valid Skype username/email to BarcelonaPrivateTourGuide.com upon booking.
- The price of the Consultancy Session entitles the customer to enjoy a Skype consultancy with Javier Sanchez.
- The Skype session will consist of audio and text, unless the video supplement has been paid. If technical issues prevented us from using our webcam when the video supplement had been purchased, the video supplement will be refunded.
- If the client doesn’t accept our Skype request to add to our contacts and/or doesn’t show up at the appointed time, no refund will be given.
- If the client is late for the appointment, the session will still end at the appointed ending time.
- If the call lasted less time than booked because the client ended it earlier for whatever reason (i.e. not having more questions, etc.), no refund will be given for the time that hasn’t been used, and no second call will be scheduled to use up that not-used time.
- BarcelonaPrivateTourGuide.com will provide a PDF with a summary of the questions discussed during the call, within 3 days after the call date.
- By participating in this consulting session, you acknowledge that though I am a licensed professional, I am unable to conduct the extensive analysis that I would in an in-person setting. Therefore, the advice I provide in the consulting session is not substitute for working with a travel agent or booking a guided tour.
- Digital products include items such as e-books, recordings, DVD’s and other downloadable items sold in this Site.
- Any refund must be claimed by e-mail contacting us at firstname.lastname@example.org, and will be also acknowledged by BarcelonaPrivateTourGuide.com via e-mail.
- 5-days money back guarantee. 100% refund will be given, within 5 days after purchase. No questions asked. No refunds will be granted if we consider the case as a purchase abuse.
- No refund will be given later than 5 days after purchase.
WEB SITE USERS
These Terms & Conditions apply to any user from the moment they access to our website at Barcelonaprivatetourguide.com and start browsing, in addition to our General Terms & Conditions.
By using our site, you consent to our Website Terms & Conditions, including our cookie and privacy policies. If you don’t totally and completely accept them, please leave our website, otherwise your acceptance of the Terms & Conditions will be implied.
CONTENT & CONTENT USAGE
Our own content
- Content must be regarded as basic information (neither exhaustive nor complete) and orientation to help you organizing your stay in Barcelona. Content cannot be considered as professional advice.
- BarcelonaPrivateTourGuide.com and Yutajachi International Services S.L. decline any responsibility for incorrect usage or misinterpretation of the content, implicitly or explicitly, by the user.
- Due to the fact that the current technology cannot guarantee absolute protection for websites from third parties, we cannot guarantee the absolute accuracy and veracity of the content, or that such content hasn’t been altered partially or totally after being published in our website. We cannot guarantee either that we are 100% free of viruses. The user is responsible for implementing the necessary measures to prevent damage in their devices.
- BarcelonaPrivateTourGuide.com and Yutajachi International Services S.L. will never be held responsible for any damage caused to the user’s system or equipment, or for data loss caused during the transmission of our content.
Material you submit to the Site
- You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you.
- You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
- Intellectual properties to your materials:
- We claim no intellectual property rights over the material you supply to BarcelonaPrivateTourGuide.com, except in the case of Guest Posts in our blog (see specific terms and conditions).
- In any other instances, you retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to BarcelonaPrivateTourGuide.com remains yours to the extent that you have any legal claims therein.
- You agree to hold BarcelonaPrivateTourGuide.com harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
THIRD PARTY RESOURCES
- Third party links. Occasionally, at our discretion, we may include or offer third party products, resources and services on our website and emails. These third party sites have separate and independent privacy policies. You acknowledge and agree that we have no responsibility or liability for the content and activities of these linked sites or resources, their availability, accuracy or policies. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
- Endorsement and responsibility. Links to such websites or resources do not always imply an endorsement by or affiliation with BarcelonaPrivateTourGuide.com. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- Affiliate links. Some of the links contained in our website, e-mail, newsletters and other social media properties are affiliate links. That means that we might get a commission when someone clicks on the link and/or makes a purchase from the affiliate. If we are affiliated to such third parties and receive a payment or commission for the links, they’ll be identified as “sponsored” or “affiliate”. However, such payment won’t affect the quality of our content. Also, if the affiliate link would increase your costs, we wouldn’t use it. We only recommend products and services that we know or trust to be of high quality, whether an affiliate relationship is in place or not. Your trust is more important than any commission. Please contact us if you’d like to share any feedback about products we promote, or if you need any clarification about this policy.
- Advertizing. We might occasionally publicize or advertise third part services. In such case we won’t provide any guarantee, implicit or explicit, for such services and their delivery, nor imply that they are the right solution for the user’s personal case. Such services won’t be delivered by BarcelonaPrivateTourGuide.com, unless otherwise stated. BarcelonaPrivateTourGuide.com might receive a payment or commission for such advertising.
- BarcelonaPrivateTourGuide.com, Yutajachi International Services S.L., its associates, professionals and other staff cannot be held responsible for any direct or indirect damage suffered by a user or third party for any decision taken based on the contents of this website, nor of the content accessed by the user via links from this website.
The following Terms & Conditions are in addition to the General and the Website Users Terms and Conditions.
- Guest posts are those texts submitted by third parties (“the Author”) to be published in our website blog.
- Authors and texts are required to comply with the content, style and format guidelines established here.
- By submitting a post, the Author is passing the copyright onto Yutajachi International Services S.L. and BarcelonaPrivateTourGuide.com. That ensures us that such post won’t be duplicated anywhere else in the future without our consent.
- However, Author will remain liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by the Author to the Site, the Author automatically represents or warrants to have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
- The Author agrees to hold BarcelonaPrivateTourGuide.com harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against the Author. By posting material on the Site, the Autor grants us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
- Any guest post found to violate copyrights or be a plagiarism will be immediately removed without any notice.
ADDITIONAL INTELLECTUAL PROPERTY NOTES FOR WEBSITE USERS
- Yutajachi International Services, S.L. owns all the rights (unless otherwise stated – in which case the rightful owner will retain all intellectual property) over all content, design and source code of this website, including but not limited to: texts, images* and pictures*, brands and logos, trade names and other data. Such rights are currently protected by the Spanish law on industrial and intellectual property.
* Some images and pictures used in our blog and website might be being used under CC0 license (public domain). Other have been legally purchase, and most of them have been taken by Yutajachi International Services, S.L.’s employes and retains the full rights.
- Yutajachi International Services, S.L. reserves the right to update, edit, eliminate or restrict the access to all contents at any time, temporarily or for ever without previous notice.
- Website visitors retain a non-exclusive usage. That is, visitors have the right to use the website as long as they:
- Do not copy or edit the content, create a derivative work or try to discover the source code.
- Change or try to change the website in any way.
- It is absolutely forbidden to copy, redistribute or use the content in any way without the written permission of Yutajachi International Services, S.L. Visitors can download or print the content for their personal use only, but it’s strictly forbidden to remove or edit, partially or totally, the copyright notices from the downloaded materials. Visitors are hold responsible for any usage of the content obtained from this website.
ADDITIONAL LEGAL INFORMATION FOR WEBSITE USERS
- Browsing our website constitutes acceptance of our Terms & Conditions.
- This website and its blog are and educational and informational resource for travelers visiting Barcelona. It is not a substitute for working with a professional tour guide or travel agent. We cannot guarantee the outcome of following the recommendations provided, and our statements are expressions of opinion only. Therefore, following any recommendations in our website, blog or products are at your own risk.
LIABILITY WAIVER FOR WEBSITE USERS
It is each individuals responsibility to read and understand the terms and conditions of BarcelonaPrivateTourGuide.com before browsing this website.
BY BROWSING OUR WEBSITE YOU:
♦ Imply that you have read, understood and accepted our Terms and Conditions. BarcelonaPrivateTourGuide.com has the right to modify totally or partially such Terms and Conditions, so we recommend you to check them periodically.
♦ Understand that its content (such as recommended itineraries and timings, blog posts, e-books and other materials) is created from our personal experience and opinions but they do not constitute a guarantee that they will work for your personal case.
♦ Agree that you are the solely responsible for the use you’ll make of our contents and you’ll never make us responsible of any of your decisions, actions or results related to your use of our website.
♦ Agree to not copy, edit, redistribute or reuse the content of this website in any way without written consent of Yutajachi International Services S.L. You may however download it and print it for personal usage only.
♦ Accept that you are responsible for the safety of your own equipment and devices, and take the necessary steps to protect yourself from eventual viruses and other malware.
♦ Commit to browse this website and use its content in good faith, never for illegal, dishonest or unauthorized purposes.
The terms “we,” “us,” and “our” refers to BarcelonaPrivateTourGuide.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The term “personal information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, and email address.
The term “Service” refers to all the services provided in this website, such as (bot not limited to), private tours, digital products, consultancy sessions and newsletters.
We comply with the Spanish law of personal data protection and we guarantee that we respect the obligations established by the Ley Orgánica 15/1999 of December 13, on Personal Data Protection, the Real Decreto 1720/2007 of December 21 approving the Rules for Developing Personal Data Protection, the Ley 34/2002 of July 11, on Information Society and Electronic Commerce Services, as well as any other law that might apply at the moment. We strive to guarantee the correct use and treatment of the users’ personal data.
We comply with the safety levels established by the Ley Orgánica 15/1999 and other applicable laws. However, we won’t be liable for any damage that third parties might cause to our software, computer systems, email platforms or user files.
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
No user personal data will be stored unless at least one of the following actions takes place:
- User signs up to receive content from us
- User books our services or buys a product from us
- User contacts us via email or contact form
- User enters a comment in our blog
Users will only have access to their own data.
You may access your data and request a modification or cancellation, or exercise your rights as described on the Article 5 of the LOPD, by contacting:
Carrer Barcelona 19 bis
Sant Quirze del Valles
INFORMATION WE COLLECT
We collect information willingly entered by you when you place an order / booking, use our online booking system / shopping cart, subscribe to our newsletter / mailing lists, comment in our blog, fill out a form or send us an email. By performing such actions you are consenting to our treatment of your data, according to the Article 6 of the LOPD. You are also consenting to any required international data transfer covered by the LOPD (when our providers are physically located outside of Spain).
When ordering or registering on our site, as appropriate, you may be asked to enter personal and travel data such as: name, e-mail address, mailing address, phone number or credit card information, as well as information related to the tours you wish to book with us (including but not limited to: hotels, flight information, itineraries, dates, number of people traveling with you…).
Fields marked with a * are mandatory, and the action won’t take place unless they the required data are provided.
You may, however, visit our site anonymously.
We assume that all received data have been submitted by either its owner or authorized representative agent, and that they are accurate. It is the responsibility of the user to keep such data updated. We decline any responsibility for issues related to the inaccuracy of submitted data if relevant changes haven’t been communicated to us. If we detect that any data has been entered by unauthorized third parties, or that they don’t belong to the designated user, we will apply the necessary measures to correct it.
We’ll store your personal and travel data in a file rightfully declared in the Registro General de Protección de Datos de la Agencia Española de Protección de Datos, responsibility of the BarcelonaPrivateTourGuide.com owner.
We reserve the right to cancel or modify our stored data when they are found to be wrong, inaccurate or they stop being necessary for the finality they were stored. This is in conformity with the Ley Orgánica 15/1999, of December 13, on Personal Data Protection.
We may record non-personally identifiable visitor information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.
WHAT DO WE USE YOUR INFORMATION FOR?
In accordance with the Article 5 of the LOPD, we inform you that our users and clients database file will solely be used in the following ways:
♦ To personalize your experience: your information helps us to better respond to your individual needs.
♦ To improve our website: we continually strive to improve our website offerings based on the information and feedback we receive from you.
♦ To improve customer service: your information helps us to more effectively respond to your customer service requests and support needs.
♦ To process transactions: Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
♦ To administer a contest, promotion, survey or other site feature.
♦ To send emails with the purpose of:
- sending information related to our tours,
- sending information related to the visitor’s bookings and shopping carts,
- email our blog posts or other website content,
- stay in touch with former clients,
- occasionally send other content that we might consider of interest,
- enable communication between the user and the BarcelonaPrivateTourGuide.com’s team.
The email address you provide for order processing, may be used to send you information and updates pertaining to your order and ask for a review, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email. Please note you might unsubscribe from one list but still be subscribed to other lists: to unsubscribe from all of us, please contact us.
- We might also collect information relevant for your tours from our email exchanges.
- We might send you an email after your tour is over asking for feedback about your tour and a review (a third party might be used to process such email).
- After the tour is over, we might send you quarterly emails to stay in touch, as well as occasional relevant news about our company that might be of interest to you. You can unsubscribe any time from such emails by clicking on the link at the bottom of the email.
- Our clients list is different from our weekly newsletters list: if you are subscribed to both and you unsubscribe from one, you’ll still be receiving emails from the other list.
- Testimonials: Your emails might be used as testimonials in our website upon receiving your consent by email, using the name or nickname provided by you. Testimonials about us on Tripadvisor and other travel sites and forums might be used providing the user nickname or signature of the person who published such public testimonial. We won’t reveal the identity of the reviewer unless we receive written permission for that or their identity coincides with the nickname or signature used to publish the review.
THIRD PARTIES (Solo falta BlueHost)
We do share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential.
We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.
Your personal information will never be shared with, transferred, sold or traded to unrelated third parties.
Please note that there is no technology available yet that can 100% guarantee that online communications won’t be intercepted and used by third parties, with or without yours and our consent. This is why you are are revealing your personal and travel data under your own responsibility.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
By using / buying / booking our Services or browsing our Website, you authorise BarcelonaPrivateTourGuide.com to share your data with our trusted parties.
BarcelonaPrivateTourGuide.com uses trusted freelance employees to help running the business and who might access the data you sent to complete their tasks. They are committed to treat it with total confidentiality, and will cease having access to it when their professional relationship with BarcelonaPrivateTourGuide.com ends.
Tripadvisor does not adhere to the EU-US Safe Harbor List. This is why in compliance with the LOPD we inform you that by booking a tour with us and accepting our Terms & Conditions, you are giving BarcelonaPrivateTourGuide.com unequivocal, explicit and expressed consent to share your e-mail with TripAdvisor LLC.
We may use third party plugins to create contact forms and opt-ins, and back up data and other actions that might involve collecting and storing personal or travel information willingly submitted by you. Such plugins only process and/or store your personal data but do not collect or store it for their own use.
They might however install cookies in your browser to collect information about how you interact with the site and these plugins. Learn more about our Cookies Policy here.
They are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work more efficiently as well as to provide information to the owners of the site.
Some examples of their usage are:
- Storing information to personalise the website to your requirements.
- A website that sells things may use a cookie to record items you have in a shopping basket.
- They can be used to record users behaviour on a website, for example to record the pages they have viewed.
There are two types of them that can be placed in your browser by a website:
- Session cookie is only used for the period you use the website, and is deleted when you close your web browser. A new cookie would then be placed in your web browser if you were to visit the same website again in the future.
- Persistent cookie remains in your browser once you have left the site and closed your web browser. The next time you visit the site the information in the cookie will be used to ensure the website works as set up at the previous visit, for example to display certain things on the homepage. A persistent cookie will expire if the website that set them is not visitied again within a certain time.
ON THIS WEBSITE
We use a Google Analytics cookie on our website to record website usage. We do this to find out things such as the number of visitors to the various parts of the site. We collect this information in a way which does not identify anyone, we do not make any attempt to find out the identities of those visiting our website, and we do not share this information with anyone.
By browsing our website you are implicitly accepting them. If you don’t wish to accept them, please leave our website and delete any cookies that might have already been downloaded to your browser. This Site does not respond to Do Not Track signals from your browser.
Instructions to enable, block and/or delete cookies for the most popular browsers:
- Some of the cookies we install are “technical cookies” that enable a correct navigation within our website and/or allow us to provide a service required by you (i.e. bookings, payments, login…). This includes “session cookies” that allow us to prevent robots from sending spam on the blog comments and website forms.
- Some other cookies are used for other uses (analytic purposes, storing navigation preferences for an easier user experience, enabling social media interactions and more… see list below). They do not track sensitive personal information.
- This website and its legal representatives are not responsible of the content or the honesty of the privacy policies of third part cookies.
- Google Analytics cookies are stored in servers located in the US and they agree not to share the information with third parties, unless it is necessary for the correct performance of the system or if they were forced by law. According to Google, they do not store the user’s IP address. Google Inc. is a company that adheres to the Safe Harbor Arrangements ensuring that all transferred data will receive a protection level complying with the EU law. You can check more information about that here. For more information on Google cookie usage, check here.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Carrer Barcelona 19 bis
Sant Quirze del Valles
This Agreement constitutes the entire agreement between you and BarcelonaPrivateTourGuide.com pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by BarcelonaPrivateTourGuide.com shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by BarcelonaPrivateTourGuide.com.
LAST UPDATE: May 2017
This Legal Notice is according to the Article 10 of the 34/2012 Law of July 11 on Information Society and Electronic Commerce Services:
Yutajachi International Services, S.L.- trading as BarcelonaPrivateTourGuide.com ®
Address: Carrer Barcelona 19 bis, Sant Quirze del Valles, 08192 Barcelona (Spain)
Tax Number: B66515164
Phone: +34 600 607 714
Registre de Turisme de Catalunya: GT-001630