Terms and Conditions in your Tours with Aitor Delgado Basque Private Tour Guide
Any reservations made with Aitor Delgado Basque Private Tour Guide will be governed by and subject to these Terms & Conditions. In all reservation arrangements, the person making the booking shall be deemed to have accepted these conditions on behalf of the persons named in the booking. Since our Terms & Conditions contain legal obligations, we encourage you to read them carefully. If you do not agree to be legally bound by all of the following Terms & Conditions, please do not use our website: www.aitordelgado.com.
- The terms “we,” “us,” and “our” refer to Aitor Delgado Basque Private Tour Guide. The terms “site” and “website” refer to http://www.aitordelgado.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 Aitor Delgado Basque Private Tour Guide such as (but not limited to) tours, day trips, digital products and consultancy services.
- Aitor Delgado Basque Private Tour Guide provides private tours in Bilbao, San Sebastian, Vitoria and day trips excursions in the Basque Country Area and around. Our website also includes a blog where we share tips useful for people visiting the Basque Country, and we may also use it to sell digital products such as (but not limited to) e-books and other services.
Use of Site & Service
- Use of http://www.aitordelgado.com, including all materials presented herein and all online services provided by Aitor Delgado Basque Private Tour Guide, 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 privided on the Site and in the Service related to tours, products, services and other information are subject to change. Aitor Delgado Basque Private Tour Guide makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Aitor Delgado Basque Private Tour Guide 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 our someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legigimate, non-commercial 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 Aitor Delgado Basque Private Tour Guide 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.
Acceptance of Orders and 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.
Confirmation of Orders and Bookings
- 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 of Orders and Bookings
- 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.
- We may at any time amend these Terms and Conditions. Such amendment 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 Aitor Delgado Basque Private Tour Guide 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 Aitor Delgado Basque Private Tour Guide’s cumulative liability to you exceed the total purchase price of the Service or Product you have purchased from Aitor Delgado Basque Private Tour Guide, and if no purchase has been made by you Aitor Delgado Basque Private Tour Guide’s cumulative Liability to you shall not exceed €100.
- Governing Law; Venue; Mediation:
- 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 Bilbao, Spain.
- 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, Aitor Delgado Basque Private Tour Guide retains the right to integrated and interpret all the parts that wouldn’t have been declared invalid by such authority.