Legal Notice

LEGAL NOTICE, GENERAL TERMS AND CONDITIONS OF USE

The following Terms and Conditions are intended to regulate the access and use of the online platform www.todotours.com, its contents 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 in Spain.

In compliance with Law 34/2002, Law of Electronic Commerce and Book IV of R.D.L. 1/2007, General Law for the Defense of Consumers and Users, especially Title II, Articles 159 and 160, we inform that the ownership of www.todotours.com (hereinafter referred to as the “platform”) belongs to TODO TOURS GESTION SL (“Todo Tours”), established in Calle Jose 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 manner that may cause discredit or confusion among users.

Acceptance of the conditions

Accessing Todotours.com, use its contents, activities and / or services offered, implies the acquisition of the status of user and the declaration that you have read, understood and accept 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 to use the Platform to make speculative, false or fraudulent requests or in any way that may damage or impede 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 hire 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 out the form in the booking process established in the Platform, paying special attention to the introduction of data relating to documents, as well as the names of third parties with respect to which you enter data, verifying that they match those appearing in your ID 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 reservations, the person making the reservation shall be deemed to have accepted these conditions on behalf of the persons appearing on the reservation.

E. To have 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 forth in this Legal Notice.

3. Disclaimer and Limitation of Liability

From our Platform you may be redirected to content from third party websites. Since Todo Tours can not always control the content posted by third parties on their websites, Todo Tours disclaims any liability for such content. In any case, 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 redirect to that website, bringing to the attention of the competent authorities the content in question.

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

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

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

All Tours have 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 are certain programming errors, connection or occurrence of force majeure, 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 services 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.

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

The Owner declares that it has adopted all necessary measures, within its possibilities and the state of technology, to ensure the operation of the Portal and prevent 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 that cannot be excluded under applicable law.

4. Prohibitions

As a user of the Platform, you agree to abide by the following conditions in the access and use of the same, being prohibited:

1. Any communication or transmission of information that infringes the rights of third parties and/or whose content is threatening, obscene, defamatory, pornographic, xenophobic, infringing on the dignity of the person or the rights of children, the law in force or any conduct that incites or constitutes the commission of a criminal offense.

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

3. Embed, mirror or otherwise incorporate any portion 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 junk mail (“spam”), chain letters, contests, “junk mail,” pyramid schemes, surveys or other bulk messages, whether commercial or non-commercial in nature.

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

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 that interferes with the proper working of the Website or otherwise 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. Interrupt 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 the property of Todo Tours or if you have a license or express authorization from the authors.

The designs, logos, text and / or graphics outside 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 respect thereof. 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 authorized by Todo Tours will be considered a serious breach of 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 of the Platform, you can do so via the following email: hola@todotours.com.

As a user, you may contribute to the contents of this Platform, for example, by posting comments expressing your experience of the activities in which you have participated and/or evaluating any aspect related thereto, assuming full responsibility and risk for such content or any other information you provide, distribute, add, 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 regarding your use of our Platform.

6. Revisions and modifications

The policies and conditions in effect at the time you use this Platform will apply, unless we are required by law or governmental agency decision to retroactively change such policies or conditions.

Todo Tours reserves the right to revise and modify these 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 the aforementioned changes or after you have explicitly accepted the new Terms by connecting to the Platform, shall constitute your consent to such changes.

7. Applicable Law and Competent Jurisdiction

The legislation applicable to the operation of this Platform is Spanish law.

The Judges and Courts of the city of Madrid will be competent for the resolution of any divergences 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 forwarding of communications with Todo Tours.

SPECIAL TERMS AND CONDITIONS OF USE

1. Reserves

Todo Tours reserves the right in the future to request the registration of users for access to certain services or content 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, not being allowed the transfer, even temporarily, to third parties. In this regard, the user agrees to make diligent use and keep secret the password/s and user name/s assigned, if any, to access the website and / or services provided. In the event that the user knows or suspects the loss, theft or use of your password by third parties, you should bring such circumstances to the attention of 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 same by the user.

In order to make reservations through the Website, the User will have to provide his/her personal data (name, surname, e-mail and telephone number), or if applicable, the data of the person on behalf of whom the activity is being reserved.

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 behalf of whom 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 regarding the reservation and performance 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 in the tab of each activity, as well as in the confirmation email sent to Todo Tours once you have made the reservation.

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 allowed to take notes, photos or record images or sounds of the visits without prior authorization from Todo Tours staff.

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

The organization reserves the right to modify or cancel the tour and visit, entrance to monuments and scheduled times, for 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 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 that time, we reserve the right to re-assign your place to any other person. With this measure, we intend to be fair to all those interested in participating in the tour and to ensure the punctuality of the start of the tour.

THEMATIC TOURS are paid tours. Once the reservation is successfully completed, the ticket and confirmation will be sent automatically by email. If for any reason you do not receive this email, please contact us through the email betogether@betogethertours.com, as in that case it is likely that the order has not been processed satisfactorily. Also, please check your spam folder before contacting us.

You will need to print the reservation voucher or show it from your cell phone or tablet, and present it along with a valid photo ID prior to the start of the tour. While we will do our best to verify reservations for those who show up without a valid printed ticket, we cannot guarantee it. In this case, you will need to purchase a new ticket for the tour.

The tour includes the guide(s) and, when specified, may include the cost of transportation. Food, drinks, use of toilets, incidental expenses, and any other aspect not specified in the tour description, will not be included in the tour price.

PRIVATE TOURS are paid tours with a guide exclusively for you and your companions. Food, drinks, use of toilets, incidental expenses, and any other aspect not specified in the tour description will not be 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 refuse participation to any person for any reason at any time.

As in any human activity, there is a level of risk. However, Todo Tours does everything possible 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 damages 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 there is any type of penalty or not, which will appear on the page of each activity.

As a general rule:

The holder of the purchase 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 control of the organization, no change or refund will be made.

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

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

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

In case of cancellation of a visit, for reasons not attributable to the client, it will be changed for another of equal price, which the user can choose, provided there is availability of places, and if the change is not possible, the possibility of starting the administrative process 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 BOOKED THROUGH THE WEBSITE.

4. Opinions

Users who have booked activities will receive an email when the activity has finished, so that they can 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 will not be responsible under any circumstances for refunding 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 committed by the Users to arrive at the meeting point of the activity, excursion, guided tour and/or transfer booked.

iv. Damage and theft affecting the 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. For injuries, damages and accidents that the User may suffer during the enjoyment of the activity, excursion, guided tour and/or reserved transfer, as well as those injuries, damages and accidents suffered by the User prior to the service and that have prevented him/her from enjoying it.

viii. The weather conditions in which the activities, excursions and guided tours booked by the Users are carried out. Under no circumstances shall it be responsible for these circumstances, so the service shall be understood as correctly provided.

6. Modifications

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

7. Safeguard clause

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