Legal Notice

LEGAL NOTICE, GENERAL TERMS AND CONDITIONS

The following Terms and Conditions are intended to regulate the access and use of the online platform www.todotours.com, of the contents that comprise it and the activities and/or services offered therein.

Todotours.com is an online platform dedicated to the publication and booking of tourist, cultural, and leisure activities based in Spain.

In compliance with Law 34/2002, Spanish Law of Electronic Commerce and with Book IV of the R.D.L. 1/2007, General Law for the Defence of Consumers and Users, especially Title II, Articles 159 and 160, we inform you that the ownership of www.todotours.com (hereinafter referred to as the “platform”) belongs to TODO TOURS GESTION SL (“Todo Tours”), with registered office at Calle José Antonio de Armona, 12, 28012, Madrid, Spain, with NIF-B67952341. The e-mail address for contact purposes is hola@todotours.com.

The domain name through which you have accessed the platform is owned by Todo Tours. This domain name may not be used in connection with other content, products and / or services that are not owned by Todo Tours or in a way that may cause discredit or confusion among users.

1. Acceptance of the conditions

Accessing Todotours.com, using its contents, activities and / or services offered, implies the acquisition of the status of user and the declaration that you have read, understood and accepted these Terms of Use, Privacy Policy and Booking Conditions, which are an integral part of this Legal Notice.

2. Access and use of the Platform

By accessing and using Todotours.com services, you agree to:

A. Use the Platform for your own personal, non-commercial use.

B. Not use the Platform to make speculative, false or fraudulent claims or in any way that may damage or prevent the normal use or enjoyment of the Platform by other users.

C. Declare that you are of legal age (over 18 years) and have the necessary legal capacity to contract the activities offered by Todo Tours, in accordance with the legal conditions, which you declare to understand and accept.

D. Guarantee the authenticity of all data you enter when filling in the form in the booking process of activities established on the Platform, paying special attention to the introduction of data relating to documents, as well as the names of third parties for whom you enter data, verifying that they match those that appear in your ID card or passport. Todo Tours is not responsible for the truthfulness and accuracy of the data provided, as well as for the legal consequences and associated costs that such conduct may result. In all bookings, the person making the booking will be deemed to have accepted these conditions on behalf of the persons appearing on the booking.

E. To have the legal authority to enter into this Agreement and to use this Platform in accordance with all of the terms and conditions specified herein.

You shall be liable to Todo Tours and/or third parties for any damages that may be caused as a result of a breach of the obligations set out in this Legal Notice.

3. Disclaimer of Warranties and limitation of liability

From our Platform it is possible that you may be redirected to content from third party websites. As Todo Tours cannot always control the content posted by third parties on their websites, Todo Tours disclaims any liability for such content. In all cases, Todo Tours states that it will proceed to the immediate removal of any content that could violate national or international law, morality or public order, proceeding to the immediate withdrawal of the redirection to the website, informing the competent authorities on the matter.

Todo Tours is not responsible for the information and content published, including but not limited to, in forums, chats, blogs, comments, ratings, social networks or any other medium that allows users or third parties to publish content independently on our Platform.

Nevertheless, and in compliance with the current legislation, Todo Tours will actively collaborate in the removal or blocking of all content that could affect or contravene national or international legislation, the rights of third parties or morality and public order.

If you consider that there is any content on the Platform that could be susceptible to this classification, please notify us immediately at hola@todotours.com.

Todo Tours has been checked and tested for proper operation. In principle, it can be guaranteed to function correctly 365 days a year, 24 hours a day. However, Todo Tours does not rule out the possibility that there may be certain programming errors, connection errors or force majeure causes, natural disasters, strikes, or similar circumstances that make it impossible to access the Platform.

The Owner reserves the right to suspend or interrupt, at any time and without prior notice, access to the products, services and/or Contents of the Portal, as well as the configuration of the Portal and its features for maintenance, repair, updating, improvement and/or adaptation to technical, operational and/or legal changes, without the possibility for the user to claim or demand any compensation whatsoever.

Todo Tours shall not be liable under any circumstances for any loss, damage or harm that may be caused by reasons inherent to the non-functioning or defective functioning of the Platform or of the websites to which, where applicable, links may have been established.

The Owner declares all necessary measures have been adopted, within their possibilities and the state of technology, to guarantee the Portal functioning and to avoid the existence and/or transmission of viruses and other harmful components to users.

These terms and conditions and the foregoing disclaimer do not affect mandatory statutory rights which cannot be excluded under applicable law.

4. Prohibitions

As a user of the Platform, you agree to abide by the following conditions in accessing and using the Platform, and are forbidden to:

1. Any communication that infringes third parties’ rights and/or whose content is threatening, obscene, defamatory, pornographic, xenophobic, offensive to the person’s dignity or children’s rights, the law in force or any conduct that incites or constitutes the commission of a criminal offence.

2. Use this Platform or its content for commercial or illegitimate purposes. Any other use of the content of the Platform requires Todo Tours’ prior written consent (if you are interested in becoming a Todo Tours partner, please contact us for more information).

3. Embed, mirror or otherwise incorporate any part of this Website on any other website without our prior written permission.

4. Use the Platform to threaten, harass, defraud, incite, harass another person or advocate harassment of another person, or otherwise interfere with another user’s use of the Website.

5. Use the Platform to send or transmit spam, chain letters, contests, junk mail, pyramid schemes, surveys or other bulk messages, whether it might be of commercial or non-commercial matter.

6. Use the Platform in any way that may create a conflict of interest; for example, exchanging views with other business owners or writing or soliciting feedback.

7. Use the Platform to transmit computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

8. Use any device, software or routine to interfere with the proper working of the Website or to attempt to interfere with the proper working of the Website.

9. Use the Platform to breach the security of any computer network, crack passwords or security encryption codes.

10. Disrupt or interfere with the security of the Platform or damage it in any way.

5. Intellectual and industrial property rights

All contents of the Platform, including but not limited to programming, editing, compilation and other elements necessary for its operation, designs, logos, images, text and / or graphics, are Todo Tours property or it has a license or express authorization from its authors.

Designs, logos, text and / or graphics unrelated to Todo Tours and that may appear on the Platform, belong to their respective owners, being themselves responsible for any possible dispute that may arise in its concern. In any case, Todo Tours has the express prior authorization from them.

Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and marketing of the contents of the Platform, require in any case of prior written authorization by Todo Tours. Any use not previously authorised by Todo Tours will be considered a serious breach of the intellectual or industrial property rights of the author.

To make any comments regarding possible breaches of intellectual or industrial property rights, as well as any of the contents on the Platform, you can do so by sending an e-mail to the following address: hola@todotours.com.

As a user, you may contribute content to this Platform, for example, by posting comments expressing your experience of activities in which you have participated and/or rating any aspect of such activities, assuming full responsibility and risk for such content or any other information you provide, distribute, aggregate, include, link to, or otherwise upload to the Platform, including any reliance by third parties on its accuracy or usefulness, as well as any self-disclosure of personally identifiable information.

While Todo Tours does not own or control any of the content you include, you agree that, by including your content on the Platform, you automatically grant us the right to display and promote your content, as well as to change and/or edit it for clarity, correct it grammatically or incorporate it into advertisements and other activities.

You also grant Todo Tours users the right to access your comments in relation to your use of our Platform.

6. Revisions and modifications

Current policies and terms in effect at the time you use this Platform will apply, unless we are required by law or government agency decision to make retroactive changes to those policies or terms.

Todo Tours reserves the right to revise and modify these terms and conditions at any time and without prior notice. Consequently, we recommend that you consult them periodically to keep you informed of such modifications.

Your use of our services after any of such changes or after you have explicitly accepted the new Terms by connecting to the Platform will constitute your consent to such changes.

7. Applicable Law and Competent Jurisdiction

Applicable legislation to the operation of this Platform is Spanish law.

The Judges and Courts of the city of Madrid will be competent to resolve any differences arising from the use, interpretation or application of these conditions.

8. Contact

If you have any questions about these conditions, you can contact Todo Tours at hola@todotours.com for which you expressly accept the use of email as a valid procedure for the exchange of information and the sending of communications with Todo Tours.

SPECIAL TERMS AND CONDITIONS OF USE

1. Reservations

Todo Tours reserves the future right to request the registration of users for access to certain services or contents of the website, for which the choice of a password that allows the personal identification of the user (“login” and “password”) will be requested.

The passwords assigned will be personal and non-transferable, and may not be transferred, even temporarily, to third parties. In this regard, the user undertakes to make diligent use and to keep secret the password/s and user name/s assigned, if applicable, to access the website and/or the services provided. In the event that the user knows or suspects the loss, theft or use of his/her password by third parties, he/she must inform Todo Tours as soon as possible.

The user shall be liable for the costs and damages caused by the use of the services by any third party who uses his/her password(s) and user name(s) for this purpose due to a non-diligent use or loss of the user’s password(s) and user name(s).

In order to make any booking through the Website, the User will have to provide their personal details (name, surname, e-mail and telephone number), or, where applicable, the details of the person on whose behalf the activity is being booked.

By virtue of these General Conditions of Use, Users declare to provide true, accurate, current and complete information about their identity, or, if applicable, about the person on whose behalf the activity is booked. In this sense, Users shall be responsible for the accuracy of the data provided and for any consequences that may arise from errors in the information provided.

2. Specific conditions on the booking and implementation of activities

Reservations made by each User through the Website are subject to the specific conditions that apply to each activity, excursion or guided tour. The User can find these conditions on each activity file, as well as in the confirmation email sent to Todo Tours once the reservation has been made.

The meeting point, date, time, duration and all the necessary information for the enjoyment of the booked activity is detailed on the page of each activity.

It is not permitted to take notes, photos or to record images or sounds of the visits without prior authorisation from Todo Tours’ staff.

Out of respect for all participants, the Guide will start the Tour punctually; it is your responsibility to be at the starting point on time.

The organisers reserve the right to modify or cancel the route and the visit, entrance to monuments and scheduled times, due to fully justified reasons.

The duration of the activities published on the website are for reference only and may vary slightly depending on the development of the activity itself or external factors beyond the guide’s control.

In order to guarantee your place, you must be at the meeting point no later than 10 minutes before the start of the tour, after which time we reserve the right to re-allocate your place to anyone else. With this measure, we aim to be fair to all those interested in participating in the tour and to ensure the punctuality of the start of the tour.

REGULAR TOURS, EXCURSIONS and PRIVATE TOURS are paid visits. Once the booking has been successfully completed, the ticket and confirmation of the booking will be sent automatically by email. If for any reason you do not receive this email, please contact us at hola@todotours.com, as in that case it is likely that the order has not been processed satisfactorily. Please also check your spam folder before contacting us.

You will need to print out your booking voucher or show it on your mobile phone or tablet, and show it along with a valid photo ID before the tour starts. While we will do our best to verify bookings for those who show up without a valid printed ticket, we cannot guarantee this. In this case, you will need to purchase a new ticket for the tour.

The tour includes the guide(s) and, where specified, it may include the transportation cost or entrance to a monument. Food, drink, use of toilets, incidental expenses, and any other items not specified in the tour description are not included in the tour price.

PRIVATE TOURS are paid tours with a guide exclusively for you and your companions. Food, drink, use of toilets, incidental expenses, and any other aspect not specified in the tour description are not included in the tour price. The tour guide will be booked only for the period of time indicated in the booking description. Should the group arrive more than 10 minutes late, the waiting time will be reduced from the agreed tour duration.

Participation in Todo Tours tours is strictly voluntary and both the self-employed guide and Todo Tours reserve the right to deny participation to any person for any reason at any time.

As with any human activity, there is a level of risk. However, Todo Tours makes every effort to keep that risk to a minimum. Both Todo Tours and the independent guides who provide the services promoted by Todo Tours do not accept any responsibility for damage caused to your person or property during the tour.

3. Cancellation policy

Specific cancellation conditions will apply to each service, which will establish the cancellation period and whether any type of penalty applies, which will appear on the page of each activity.

As a general rule:

The purchase holder will have the right to request a refund within a period not exceeding 7 calendar days from the date of purchase. In case of alteration in the itinerary or duration of the visit, for reasons beyond the organisation’s control, no change or refund will be made.

Todo Tours reserves the right to accept or decline a purchase for any reason including, but not limited to, the unavailability of a reservation, an error in the price, description or image of the service or product, or for any error in the purchase.

The impossibility to attend the contracted service, arriving late, not attending the activity or an error when making the purchase will not be valid reasons for a refund. When purchasing your ticket, do check that the visit, date and time are correct, as no changes or refunds will be accepted, except in the case of causes not attributable to the customer.

In the event of adverse weather conditions that force the involuntary cancellation of the activity, a new date will be arranged.

In the event of cancellation of a visit, due to reasons not attributable to the client, it will be exchanged for another visit of the same price, which the user may choose, subject to availability. Would the change not be possible, the option of initiating the administrative procedure for the refund of the amount paid will be offered.

IN ACCORDANCE WITH THE ABOVE, AND BY ACCEPTING THESE GENERAL CONDITIONS OF USE, USERS DECLARE THAT THEY HAVE READ AND EXPRESSLY ACCEPTED THIS CANCELLATION POLICY AND AGREE TO THE CANCELLATION CONDITIONS OF THE ACTIVITY, EXCURSION, GUIDED TOUR AND/OR TRANSFER THAT THEY BOOK THROUGH THE WEBSITE.

4. Opinions

Users who have booked activities may receive an email once the activity has finished, for them to evaluate the experience and the service provided.

5. Exclusion of liability

By way of example, but not limited to, Todo Tours is not responsible for the following circumstances:

i. Cancellations made after the deadline by Users. Todo Tours shall not be liable under any circumstances to refund the amounts paid by its Users when they have not complied with the cancellation period provided in the cancellation policy applicable to each service.

ii. Delays or errors made by Users in arriving at the meeting point of the activity, excursion, guided tour and/or transfer booked.

iv. Damage and theft affecting Users and their property during the enjoyment of the activities, excursions and guided tours and/or during the journey of the contracted transfer service.

v. Injuries, damages and accidents that the User may suffer during the enjoyment of the activity, excursion, guided tour and/or transfer booked, as well as those injuries, damages and accidents suffered by the User prior to the service and which have prevented him/her from enjoying it.

viii. Weather conditions in which the activities, excursions and guided tours booked by Users are carried out. Under no circumstances will it be responsible for these circumstances, so the service will be understood to have been correctly provided.

6. Modifications

Todo Tours reserves the right to make as many modifications as it deems appropriate to these General Conditions of Use, in which case Users will be notified in advance. These modifications will be valid from their publication on the Website.

7. Safeguard clause

All clauses or terms of these General Conditions of Use must be interpreted independently and autonomously, as the rest of the stipulations shall not be affected in the event that one of them has been declared null and void by a court ruling or final arbitration decision. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the General Conditions of Use.