Terms and Conditions

These General Terms and Conditions are the Terms of Use of the website www.photobiketourbarcelona.comand are apply for the service of guided tours by electric bikes in Barcelona supplied by Photo Bike Tour 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 PhotoBikeTourBarcelona, Calle de la Cendra 17, 08001 Barcelona, España. You can contact us by email (info@photobiketourbarcelona.com).

Bookings through the Platform are subject to this General Terms and Conditions.

These terms of use (the "Terms of Use"), together with our privacy policy (the "Privacy Policy"), apply to any use of the Website. Visitors of the Website ("User" or "you") may use the Website only on condition that they accept the Terms of Use and read and understand the Privacy Policy. Any further use of the Website or any part of it means you have read and understood the Terms of Use and the Privacy Policy, and agree to be bound by all parts of the Terms of Use.

As between you and PhotoBikeTourBarcelona, 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.

  1. Introduction

1.1 On the PhotoBikeTourBarcelona website users have the chance to find and book a 4 hours guided tours by electric bike in Barcelona. The respective contract for tourist services is concluded (“service agreement”). The services can be accessed via the PhotoBikeTourBarcelona and bookings can be made.

1.2 For the purposes of these General Terms and Conditions, the following applies:

  1. A “consumer” is any individual person who has concluded a contract for purposes which cannot be predominantly assigned to commercial or independent work activities.
  2. The “user” denotes a natural person, unless this person has been explicitly registered with PhotoBikeTourBarcelona 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.
  3. Registration

2.1 The use of PhotoBikeTourBarcelona website offer can generally be done anonymously.

2.2 Certain types of use of PhotoBikeTourBarcelona website, such as the making of bookings, require type some personal dates like name, surname, phone number, email in order to contact with you to confirm booking and send you additional information.

2.3 PhotoBikeTourBarcelona provide the user with a booking confirmation issued, as well as a payment confirmation.

  1. Payments on PhotoBikeTourBarcelona

3.1 The payment method PhotoBikeTourBarcelona use is PayPal Platform under their security policy. Once Paypal confirm the payment you will receive the confirmation of your booking.

  1. Pricing of Photo Bike Tour Barcelona

4.1 All prices on PhotoBikeTourBarcelona are quoted per person and include VAT and all other taxes. Local taxes may be charged on site.

  1. Arrival at meeting point and compliance with conditions

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.

  1. Self-responsibility for insurance

The price of the services does not include insurance. You are responsible for providing sufficient insurance protection. You must follow the indications, norms and codes given for the guide in order to respect the civic bylaws of Barcelona.

If the bicycle is involved in an accident you are directly and expressly held responsible for any personal or material damages to yourself and/or to any third party. PhotoBikeTourBarcelona is completely exempt from any liabilities, which may arise from an accident where the bicycle is involved. In case PhotoBikeTourBarcelona has to answer for the mentioned damages to third parties, PhotoBikeTourBarcelona will charge you the same amount including costs and courts fees if PhotoBikeTourBarcelona must attend to trial in court either civil or penal trial.

  1. Cancellation guidelines

7.1 If you reject (cancel) the activity, the following cancellation fees will be charged by the Supplier of the tourist services:

  1. 50% of the total value of the tour, you must to pay, if the cancelation is into the 7 days before of the event.
  2. Less than 48 hours before the start of the activity or in the event of a no-show: no refund

7.2 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.

  1. Extraordinary cancellation

In case of rain, we will discuss if we do the tour or not. In case of hard rain at the moment to start the tour, and people don’t want to do it, transportations of ebikes, guides & meals will be charged (because will be already arranged). The rest of the money will be reimbursed. AND, we sill thin in another alternative tour, maybe walking tour.

  1. Exclusion of participation

The guide 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.

  1. Evaluation function of PhotoBikeTourBarcelona

10.1 Users have the opportunity to have personal influence on the content of PhotoBikeTourBarcelona by writing travel reports in the form of evaluations, or uploading pictures (“user content”) in TripAdvisor Platform or send us an e-mail to info@photobiketourbarcelona.com 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 PhotoBikeTourBarcelona make user content its own, it merely provides a Platform.

10.2 PhotoBikeTourBarcelona 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.

10.3 PhotoBikeTourBarcelona 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.

10.4 The users shall fully indemnify PhotoBikeTourBarcelona from all third-party claims (incl. suitable costs for legal prosecution and defense) at first request, which these third parties assert against PhotoBikeTourBarcelona concerning the user content provided by the user. This also applies if the contested content can no longer be accessed on PhotoBikeTourBarcelona Platform. This does not apply if PhotoBikeTourBarcelona is responsible for the legal violation. In the event of recourse by third parties, users have to immediately, truthfully and completely provide PhotoBikeTourBarcelona with all the information necessary to verify the claims and defend them.

  1. Data protection

12.1 PhotoBikeTourBarcelona 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 PhotoBikeTourBarcelona between the user and PhotoBikeTourBarcelona.

 

  1. Amendments to the Terms of Use

PhotoBikeTourBarcelona may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. PhotoBikeTourBarcelona expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.

  1. Applicable law and jurisdiction

The law of the 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 remain 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.

 

 Photo Bike Tour Barcelona Privacy Policy

 Print Version

Like every service operator, we also capture, process and use data as part of our service of offering tourist services online via the internet and mobile applications (the “Service”). The protection of your personal data as a part of all the services we provide is very important to us. Therefore we gather, process and use your personal data exclusively in accordance with the applicable legal regulations.

In this privacy statement we explain how we handle your personal data as part of your use of our web-site.

The party responsible for data protection is Photo Bike Tour Barcelona, Calle de la Cendra 17, 08001 Barcelona, España. (“PhotoBikeTourBarcelona” or “we”) as well as those companies affiliated with PhotoBikeTourBarcelona, to whom you have given the appropriate consent for the use of your personal data.

We reserve the right to adjust the content of this privacy statement from time to time. It is therefore advisable to periodically review this privacy statement.

  1. General Information

We commit ourselves to observe the applicable data protection laws, in particular, the provisions of the Agencia Española de Protección de Datos (LODPD).

We collect, process and use your personal data only with your consent or when this processing or use is permissible by law. We only process or use the data which is required for using the site or the data which you provide to us.

  1. Personal Data

Personal data is specific information about personal or factual circumstances regarding an identified or identifiable natural person, in accordance with Agencia Española de Protección de Datos (LODPD).This includes information such as your name, your email address or your phone number.

  1. Processing and Using Your Data
  2. We collect, process and use the personal data you provided to us when you registered for our membership area, to the extent required, for the following purposes:
  • Registration and Execution of the Contract
  • Data that you provide when setting up an account, such as your name, email address, telephone number, mobile phone number, postal address and the information provided depending on the services used.
  • We collect, process and use transaction data relating to your activities on the websites (such as purchases and content which you generate or associate with your account).
  • Billing and other data which you specify for the purchase.
  • Data which is transmitted as part of community discussions, reviews, chats and corre-spondence on the website or by email, fax or postal mail.
  • Other personal data which we ask you for.
  • If you voluntarily provide us with additional personal data during the booking process, this will also be used these to implement the conditions of use. All personal data collected during booking will be stored by us for as long as the services contract is active. This is subject to our General Terms and Conditions.
  • Establishing Contact:

If the user shares personal data for the purpose of establishing contact, we will store this data only for as long as it is required for the purpose of communication, customer contact and project planning and implementation. Once the personal data is no longer required by us for these purposes, it will be immediately deleted.

  1. Additionally, we collect anonymous technical data, such as the name of your internet service provider, internet browser and operating system, screen resolution and information about the websites that directed you to us, the number and date of your visits, your average time on our site and which of our websites you visited. This data is stored automatically. The evaluation is done anonymously and exclusively for statistical purposes with the goal of continuing to improve our web presence for you.
  2. Transfer of Personal Data

PhotoBikeTourBarcelona will not share your personal data with third parties, unless you have previously given your express permission or unless the transmission is required or permissible by law. We will in particular not sell or otherwise market your data to third parties. Transfers of data to government institutions and authorities is done only within the scope of mandatory national legal requirements. Our employees and partners are obligated by us to maintain secrecy and to comply with legal da-ta protection regulations.

  1. Cookies and Google Analytics
  2. We use cookies in order to recognize you as a user during the use of the service and to store technical data for the correct functioning of the website on your computer. A cookie is a text file that is stored on your computer and which allows an analysis of your use of the website. With this cookie, we store only each random session and the serial number of your visit.
  3. If you do not wish to use cookies, you can block their use in your browser. However, as a result of blocking cookies, it is possible that you may be unable to use certain areas of our website.
  4. PhotoBikeTourBarcelona uses Google Analytics, a web analytics service of Google Inc. (“Google”). Google Analytics also uses cookies (see paragraph 5.1). The information generated by cookies about your use of the website is usually transferred to a Google service in the United States and stored there. In case IP anonymization is activated on this website, Google will truncate your IP address within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be first transferred to a Google server in the United States and truncated there. Google will use this information on the behalf of PhotoBikeTourBarcelona as the operator of this website for the purpose of evaluating your use of our website, to compile reports for PhotoBikeTourBarcelona on website activities and for providing other services related to website use and internet use. The IP address that your browser sends as part of Google Analytics will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however we would like to point out that if you do this, you may not be able to fully use all the functions of our website. You can also prevent the data generated by the cookie about your use of our website (including your IP address) from being sent to Google and the data from being processing by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
  5. PhotoBikeTourBarcelona uses the Google service Google Maps(“Google Maps API”) which provides you with more information. Certain data may be transmitted to Google when it is being used, but this is done anonymously.

 

  1. About Data Collected From Mobile Applications or Devices
  2. When you download data, use our mobile applications or access one of our webpages optimized for mobile devices, we may, as described above in this declaration, collect information about you and your mobile device. This many include data about your location. We use this information to provide location-based services such as search results and other personalized content for you, if approved by you and your device. On most mobile devices, you can control or disable location services in the settings menu. If you have questions about how to disable location services on your device, we recommend that you contact your mobile service provider or the manufacturer of your device.
  3. If we collect additional personal data which is transmitted as a result of your use of our mobile applications or your accessing our website with a mobile device, we will obtain your express con-sent in advance.
  4. Data Collected From Other Sources

We may collect additional information about you from third parties in order to supplement our account information. This information may be, among other things, demographic and navigation data, credit check information and information from credit reporting agencies, to the extent legally permissible.

  1. Data Storage

Your personal data will be stored for only as long as necessary for the purposes stated in this privacy statement or for as long as we are required by law or legally obligated to store this information.

  1. Right of Access, Rectification, Deletion

You have the right at any time to receive information free of charge about your personal data stored with us. If your data is stored incorrectly or wrongly by us, we will gladly correct, block or delete it. Please inform us of any changes to your data immediately.

Please direct requests for information, questions, complaints or suggestions to the following email addressinfo@photobiketourbarcelona.com

Barcelona, June 2017