The terms “we,” “us,” and “our” refer to BASQUE TOURS / Jon Galdos Mendia y Otra CB. The terms “site” and “website” refer to https://www.basquetours.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 BASQUE TOURS such as (but not limited to) tours, day trips, digital products and consultancy services.
BASQUE TOURS provides private tours in San Sebastian, Basque Country and Rioja areas. Our website could also be used to sell digital products such as (but not limited to) e-books and other services such as (but not limited to) Skype consultancy calls.
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Use of https://www.basquetours.com, including all materials presented herein and all services provided by BASQUE TOURS, 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
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.
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.
We may at any time amend these Terms and Conditions. Such amendments 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.
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 BASQUETOURS 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 BASQUETOURS' cumulative liability to you exceed the total purchase price of the Service or Product you have purchased from BASQUETOURS, and if no purchase has been made by you BASQUETOURS’ cumulative Liability to you shall not exceed €100.
BASQUE TOURS is a fully licensed travel agency with this registration number: Registered Travel Agency CIE 2452
BASQUE TOURS offers tourist and adventure guide services. At the moment, in the autonomous community of the Basque Country there is no decree of active tourism regulating law, nor a decree of regulating law of tour guides or informants. Therefore, the figure of official Tourist Guide does not exist in the Basque Country, limiting the category to the figure of tourist guide or professional tourist informant.
BASQUE TOURS is not a passenger transport company. BASQUE TOURS does not offer or market passenger transport. Our tourist services are subject to the provisions contained in various laws, among which is the law 16/1987 of July 30 of Land Transport Regulation, and its subsequent updates. Pursuant to Article 102 of the Land Transport Ordinance, which regulates complementary private transport, transportation between the destinations in which the client has hired our tourist guide services, will be done in a completely complementary way, without profit and only as a necessary complement for the correct development of the contracted activity.
Governing Law; Venue; Mediation:
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, BASQUETOURS retains the right to integrated and interpret all the parts that wouldn’t have been declared invalid by such authority.
BASQUETOURS' inactivity to ensure compliance with these Terms and Conditions will never be interpreted as a renounce to any rights or actions to which BASQUETOUR and Jon Galdos Mendia y Otra CB might be entitled.
Deposit to confirm booking: 25% of total fee
Balance paid at the end of the tours: 75% of total fee
Failure to complete payments in due term will automatically mark the booking as cancelled, and the applicable cancellation policy will be applied.
CHANGES REQUESTED BY THE CLIENT
Date/Time changes will depend on our team’s availability, and might imply a tour guide change. PLEASE NOTE that if we have already bought any tickets for your tour, such tickets will be lost and you’ll have to pay for them again if you still wish to visit those sites (we can’t guarantee availability, though, as tickets sell out in some sites).
Last minute logistic changes. We might not be able to accommodate logistic changes (date, meeting point, starting time, number of people, etc.) requested less than 72 hours before the scheduled tour starting time. Each case will be studied independently taking into consideration our guides/drivers availability and their other commitments, as well as purchased/necessary tickets.
Itinerary changes can be usually introduced without any problem (except when they mean extending the tour time: in that case it will depend on our availability). Note that itinerary changes in daytrips might imply a change in the final fee. PLEASE NOTE that if we have already bought any site tickets for your tour, and you decided to skip it from your original itinerary, such tickets will be lost and no refund will be given.
CHANGES MADE BY BASQUE TOURS
Tour guide changes:
BASQUE TOURS reserves the right to change your tour guide, for organizational OR force majeure reasons.
We’ll stick to the agreed itinerary as much as possible, but we reserve the right to change the itinerary and timings depending on weather conditions and unpredictable events caused by traffic, demonstrations, works in progress… Our itineraries are based on the typical tourist pace: not too rushed, but not too relaxed. Our guides handle the tour rhythm in a pleasant way, but it’s the client responsibility to follow the guides indications so we can cover everything that was planned. BASQUE TOURS will not be responsible if there wasn’t time to visit all the promised sites in the itinerary. No refunds for itinerary changes.
EXCLUSIONS . The above stated refundable amounts don’t include: any non-recoverable upfront costs incurred by BASQUE TOURS on your behalf (either broken down in the tour descriptions such as (but not limited to) entrance fees, or other agreed with the client before booking), Fave Guide Upgrade (if booked), refund transfer costs, premium payment plan fees.
CANCELATIONS BY BASQUE TOURS
In the unlikely event that BASQUE TOURS had to cancel a tour, we’ll always first try to agree to another timeframe that works for the client.
If we couldn’t agree on another time for the tour or we couldn’t provide a substitute, the deposit will be refunded within 10 working days.
It is each individuals responsibility to read and understand the terms and conditions of BASQUE TOURS prior to paying* for their tour.
BY PAYING FOR YOUR TOUR* YOU:
*Either it is a full payment, deposit, first installment of payment plan or use of gift certificate.
By using our site, you consent to our websites Terms & Conditions, including our cookie and privacy policies. If you don’t totally and completely accept them, please leave our website, otherwise your acceptance of the Terms & Conditions will be implied.
We endeavor to describe and display the Service or Product as accurately as possible. While we try to be as clear as possible in explaining them, please do not accept that the Site is entirely accurate, current, or error-free.
From time to time we may correct errors in pricing and descriptions.
We reserve the right to refuse or cancel any order with an incorrect price listing.
BASQUE TOURS owns all the rights (unless otherwise stated – in which case the rightful owner will retain all intellectual property) over all content, design and source code of this website, including but not limited to: texts, images* and pictures*, brands and logos, trade names and other data. Such rights are currently protected by the Spanish law on industrial and intellectual property.
Browsing our website constitutes acceptance of our Terms & Conditions.
This website and its blog are and educational and informational resource for travelers visiting San Sebastian, the Basque Country & Rioja . It is not a substitute for working with a professional tour guide or travel agent. We cannot guarantee the outcome of following the recommendations provided, and our statements are expressions of opinion only. Therefore, following any recommendations in our website, blog or products are at your own risk.
It is each individuals responsibility to read and understand the terms and conditions of BASQUE TOURS before browsing this website.
BY BROWSING OUR WEBSITE YOU:
The terms “we,” “us,” and “our” refers to BASQUE TOURS. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The term “personal information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, and email address.
The term “Service” refers to all the services provided in this website, such as (bot not limited to), private tours, digital products, consultancy sessions and newsletters.
We comply with the Spanish law of personal data protection and we guarantee that we respect the obligations established by the Ley Orgánica 15/1999 of December 13, on Personal Data Protection, the Real Decreto 1720/2007 of December 21 approving the Rules for Developing Personal Data Protection, the Ley 34/2002 of July 11, on Information Society and Electronic Commerce Services, as well as any other law that might apply at the moment. We strive to guarantee the correct use and treatment of the users’ personal data.
We comply with the safety levels established by the Ley Orgánica 15/1999 and other applicable laws. However, we won’t be liable for any damage that third parties might cause to our software, computer systems, email platforms or user files.
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
No user personal data will be stored unless at least one of the following actions takes place:
Users will only have access to their own data.
You may access your data and request a modification or cancellation, or exercise your rights as described on the Article 5 of the LOPD, by contacting:
JON GALDOS MENDIA Y OTRA CB Trading as BASQUE TOURS
Secundino Esnaola 3 -7º -Dcha
20001 San Sebastian, Spain
We collect information willingly entered by you when you place an order / booking, use our online booking system / shopping cart, subscribe to our newsletter / mailing lists, comment in our blog, fill out a form or send us an email. By performing such actions you are consenting to our treatment of your data, according to the Article 6 of the LOPD. You are also consenting to any required international data transfer covered by the LOPD (when our providers are physically located outside of Spain).
When ordering or registering on our site, as appropriate, you may be asked to enter personal and travel data such as: name, e-mail address, mailing address, phone number or credit card information, as well as information related to the tours you wish to book with us (including but not limited to: hotels, flight information, itineraries, dates, number of people traveling with you…).
Fields marked with a * are mandatory, and the action won’t take place unless they the required data are provided.
You may, however, visit our site anonymously.
We assume that all received data have been submitted by either its owner or authorized representative agent, and that they are accurate. It is the responsibility of the user to keep such data updated. We decline any responsibility for issues related to the inaccuracy of submitted data if relevant changes haven’t been communicated to us. If we detect that any data has been entered by unauthorized third parties, or that they don’t belong to the designated user, we will apply the necessary measures to correct it.
We’ll store your personal and travel data in a file rightfully declared in the Registro General de Protección de Datos de la Agencia Española de Protección de Datos, responsibility of the BASQUE TOURS owner.
We reserve the right to cancel or modify our stored data when they are found to be wrong, inaccurate or they stop being necessary for the finality they were stored. This is in conformity with the Ley Orgánica 15/1999, of December 13, on Personal Data Protection.
We may record non-personally identifiable visitor information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.
In accordance with the Article 5 of the LOPD, we inform you that our users and clients database file will solely be used in the following ways:
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email. Please note you might unsubscribe from one list but still be subscribed to other lists: to unsubscribe from all of us, please contact us.
We do share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential.
We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.
Your personal information will never be shared with, transferred, sold or traded to unrelated third parties.
Please note that there is no technology available yet that can 100% guarantee that online communications won’t be intercepted and used by third parties, with or without yours and our consent. This is why you are are revealing your personal and travel data under your own responsibility.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
By using / buying / booking our Services or browsing our Website, you authorize BASQUE TOURS to share your data with our trusted parties.
BASQUE TOURS uses trusted freelance employees to help running the business and who might access the data you sent to complete their tasks. They are committed to treat it with total confidentiality, and will cease having access to it when their professional relationship with BASQUE TOURS ends.
Our money transactions are currently processed via a virtual POS provided by CAJA LABORAL (SAN SEBASTIAN, Spain), that works with REDSYS.
CAJA LABORAL share with us personal data entered by you such as Name, Last Name, Address, Phone Number, Type of Credit Card used for payment. We DO NOT have access to your Credit Card Number, Expiration Date, CSC / CVV or Pin Number entered by you in our website to complete a payment.
When orders are made by phone, we will not store your credit card information in our files, but it will still be processed via CAJA LABORAL.
When orders are made online, we might use third party apps or plugins to connect with CAJA LABORAL. Such third parties don’t have access to your credit card information either, but might collect personal and travel data and request you to accept our Terms & Conditions, if applicable, on our behalf.
[notice ]Tripadvisor does not adhere to the EU-US Safe Harbor List. This is why in compliance with the LOPD we inform you that by booking a tour with us and accepting our Terms & Conditions, you are giving BASQUE TOURS unequivocal, explicit and expressed consent to share your e-mail with TripAdvisor LLC.[/notice]
By browsing our website you are implicitly accepting them. If you don’t wish to accept them, please leave our website and delete any cookies that might have already been downloaded to your browser. This Site does not respond to Do Not Track signals from your browser.
JON GALDOS MENDIA Y OTRA CB Trading as BASQUE TOURS
Secundino Esnaola 3 -7º -Dcha
20001 San Sebastian, Spain
JON GALDOS MENDIA Y OTRA CB Trading as BASQUE TOURS
ADDRESS: Secundino Esnaola 3 -7º -Dcha, 20001 San Sebastian, Spain
CIF/TAX NUMBER: E75170134
Phone number: +34 652 730 475
Registered Travel Agency CIE 2452