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 (firstname.lastname@example.org).
Bookings through the Platform are subject to this General Terms and Conditions.
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.
1.1 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:
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.
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.
4.1 All prices on PhotoBikeTourBarcelona are quoted per person and include VAT and all other taxes. Local taxes may be charged on site.
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.
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.
7.1 If you reject (cancel) the activity, the following cancellation fees will be charged by the Supplier of the tourist services:
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.
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.
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.
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 email@example.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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 firstname.lastname@example.org
Barcelona, June 2017