PRIVATE SAN SEBASTIAN TOURS

The terms “we,” “us,” and “our” refer to BASQUE TOURS / BASQUE TOURS & EVENTS SL. 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

• 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 provided on the Site and in the Service related to tours, products, services and other information are subject to change. BASQUETOURS makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. BASQUE TOURS 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.

Lawful Purposes

• You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate 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.

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.

ACCEPTANCE

• 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

• We will email you to confirm the placement of your order or bookings and with details concerning your booking or purchase.
• 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

• 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.

• BASQUETOURS is a registered trade mark. All rights reserved.
• The Site and Service contain intellectual property owned by BASQUETOURS, including trademarks, copyrights, proprietary information, and other intellectual property.
• You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent..
• We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

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:

• 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 San Sebastian, 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

Indemnification.

• 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, BASQUETOURS retains the right to integrated and interpret all the parts that wouldn't have been declared invalid by such authority.

BASQUE TOURS' 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 BASQUE TOURS & EVENTS SL might be entitled.

• Private group
• Local guide
• Private Transportation and related costs, using our own vans or public transportation, if the booked tour requires visiting places out of walking distance
• Travel advice: recommendations to help you plan the rest of your stay in San Sebastian, Basque Country and Rioja
• VAT (Value Added Tax).

• Entrance fees. Except in the tours that specifically indicate that Tickets for a venue are included (*Please note that we might need to charge you the cost of some tickets upon booking, if we need to book them in advance to guarantee access).
• Taxi or bus rides.If needed during a walking tour that specifically indicates does not include any transportation. Travel arrangements to or from tours organized by BASQUETOURS are not included either
• Lunch. Except in the tours that specifically indicate that Lunch is included
• Drinks and food. Except in the tours that specifically indicate that a specific amount of food & drinks are included
• Airport or hotel airport pick-up/drop off. Standard fees don't apply and a supplement will be charged.
• Paypal fees, if the client requests to pay via Paypal
• Credit card commissions for any extra money the client needs to send us (other than the tour cost)
• Personal expenses: souvenirs, personal beverages and snacks, other items
• Medical expenses and insurance
• Tips/Gratuities. In Spain, tips are not expected but appreciated and they are considered a sign that you enjoyed a service. Giving a tip or not at the end of the service remains your personal choice.
• Other incidental expenses, incurred as a result of your booking: visas, vaccinations, travel insurance, non-refundable flights/transportation tickets, loss of enjoyment, phone calls, etc

SECURE PAYMENT OPTIONS:

To ensure a seamless booking process, we offer two primary payment methods: credit/debit cards (Visa, MasterCard, and American Express) and bank transfers, both facilitated by our trusted payment service provider.

Here's a detailed look at these options:

• CREDIT / DEBIT CARDS:

  We exclusively accept Visa, MasterCard, and American Express credit cards. This provides you with a secure and widely used method for swift transactions. During the booking process, kindly provide accurate details for the accepted cards to confirm your reservation.

• BANK TRANSFERS:

  This ensures a hassle-free process for wiring funds in your local currency. Importantly, this system eliminates any additional fees for you, making it a cost-effective and convenient option.

PAYMENTS

• For payment amounts under 4000 euros, the full payment is required at the time of booking to secure the reservation.
• For payments over 4000 euros, a two-step payment process is available:
• Pay 25% of the total amount at the moment of placing the reservation.
• Pay the remaining 75% of the total amount, 30 days before the scheduled tour date.

To avoid potential variations in exchange rates and multiple conversion fees, we recommend you to pay in full at the time of booking.

CHANGES REQUESTED BY THE CLIENT

Date/time changes.

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.

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.

Itinerary changes:

We will 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.

• Any cancellation must be initiated by e-mail contacting us at info@basquetours.com, and will be also acknowledged by BASQUE TOURS via e-mail. Cancellation notifications by phone will not be accepted.
• Weather conditions: Tours are carried rain or shine. Bad weather is not a valid reason to cancel a tour.
• Tour Guide changes: No refund will be given if a client decides to cancel a tour due to a guide change.
• Circumstances beyond our control: BASQUE TOURS is not liable for reduced/cancelled itineraries due to circumstances beyond our control such as flight delays, ships unable to dock for whatever reason or unscheduled closures of tourist sites. Therefore, adequate insurance is strongly advised.
• Special cases: Other major force cancellations might be discussed to reach an agreement. A verification of the reason why the tour was cancelled will be requested.

REFUND POLICY

• Cancellations more than 30 days before the tour date: 20€/cancelled service will be kept as cancellation fee, plus any applicable exclusions detailed below.
• Cancellations less than 30 days before the tour: A 25% of the total cost of the cancelled services will be kept as cancellation fee, plus any applicable exclusions detailed below.
• Cancellations less than 15 days before the tour: If the tour is cancelled less than 15 days before the tour starts or the client doesn't show, no refund will be given.
• No-shows. If the client hasn't shown up nor made contact with us via the tour guide telephone provided in the booking form within 30 minutes after the booked starting tour time, we will consider it a no-show and no refund will be given. Clients booking an airport pick-up tour must contact us ASAP if their airplane is delayed or cancelled (detailed instructions are provided upon booking – failure to contact us to announce a delay will result in no-show declaration).
• Cancellation of part of the total booked services: When several services have been booked and the client needs to cancel only part of them, the above policies will be applied only to the cancelled services part. If the cancellation takes places less than 15 days before the service date, no refund will be given.
• The client will take care of any costs/commissions required for the refund operation.
• If a refund is applicable, 2% of the refundable amount, will be deducted to cover bank fees associated with the refund operation.
• The refunded amount will be credited back to the client's credit card or to the client’s bank account, unless otherwise agreed upon with the client.
• No refund will apply when service has already been provided, either fully or partially.

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.

Currency of Transaction:

All bookings with us are charged in Euros (EUR).

Currency Conversion:.

If you are using an online currency converter to view the equivalent price in different major currencies, keep in mind that prices displayed in currencies other than Euros are for reference only and are based on daily exchange rates, which may vary daily.

Payment Process:

When making payments for your tours, our trusted payment service provider, Flywire, will convert your payment to your local currency (if different from EUR). Please note that an additional conversion fee will be applied for each transaction, as determined by your bank or card provider.

Full Payment Disclosure:

Rest assured, the total payment amount, including any applicable conversion fees, will be clearly stated during the payment step. This amount will match the figure on your billing statement. If you have any questions about exchange rate fees, we recommend checking with your bank for clarification.

Deposit Payments:

If your total amount is over 4000 euros, and the payment is planned to be done in 2 steps, you will pay a deposit (25% of the total price) at the time of booking, please be aware that the remaining EUR amount due later will not change. However, when converting the remaining payment to your local currency, it will be subject to daily exchange rate fluctuations.

Payment in Full Option:

To avoid potential variations in exchange rates and multiple conversion fees, we offer you the option to pay in full at the time of booking. We hope this information provides transparency and assists you in planning your trip with confidence. If you have any further questions or concerns, please don't hesitate to reach out to our customer support team.

• Client is responsible for booking their tour/s for the correct date. If the client provides a wrong date for their tour, BASQUE TOURS will try to provide a guide for the new date (either from our team or an outside collaborator). If BASQUE TOURS wasn't successful providing a guide, the tour/s will be considered cancelled and Cancellation Fees will apply. In all cases, if tickets had already been bought before the client realizes the tour was booked for the wrong date, such tickets will be lost and no refund of their cost will apply.
• Client is responsible to inform on meeting point no later than 72 hours before tour starting time: Either if the client booked the tour before knowing the exact place where they'll be staying, or if there was a hotel change, the client is responsible for informing BASQUE TOURS of the right meeting point at least 72 hours before the due starting time of their first booked tour. We can't be responsible for wrong addresses provided by the client: time wasted due to wrong addresses or missing meeting points will be time wasted from the tour and no refunds nor compensations will be provided in such cases.
• Client is responsible to be on time: BASQUE TOURS is not liable for reduced itineraries due to late start or delays by the client.Tour time starts counting from the time agreed with the client to meet the guide. If the client is late, it's time wasted from the tour. There are no refunds for wasted time when clients are late: tours must finished at the time that was planned upon booking.
• Client is responsible for their own safety and their party's. That includes crossing roads/streets, going up/down stairs or steps, wearing seatbelt inside vehicles… BASQUE TOURS is not liable for any injury, damage, loss or accident incurred during the tour.
• BASQUE TOURS reserves the right to terminate any tour due to unreasonable behavior of the client.
• Luggage and personal effects are carried entirely at the owner's risk. BASQUE TOURS is not liable for damage, loss or other irregularity incurred during our tours.
• Client is urged to acquire adequate insurance to cover any loss as a consequence of flight/cruiseship cancellations/delays, personal illness and other circumstances beyond BASQUE TOURS's control that might cause the tour to be cancelled. BASQUE TOURS is not liable for any delay or irregularity of this nature, nor any expenses resulting from them.
• Itinerary: 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… as well as ticket availability when we pre-book tickets for the visited sites. 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.
• Food: In lunch stops and epicurean tours, client is responsible for telling the tourguide about any food allergies or intolerances they might suffer so we can help choosing your food. The client takes full responsibility for the food that he or she decides to eat, and BASQUE TOURS will never be liable for any health issue resulting from the food/drinks eaten/drunk during a tour. No food or drink to be consumed inside vehicles except by permission of the driver.

• While we aim at describing our tours, services and products as accurately as possible, we cannot guarantee that the itineraries, timings, pricing, vehicles, tour guides and other elements of your tour will be 100% accurate at any given time. Occasionally, we may correct errors in pricing and other tour details. If you encounter an error, please let us know: we'll take action and offer you the best customer service we can to remedy the situation..
• You must be older than 18 years old to book a tour with BASQUE TOURS, and you must provide a real name and address for invoicing purposes..
• You or other adult in your party will be responsible for any infant, child or teen minor than 18 years old participating in your tour. No tour can be booked for minors only: there will always be at least one adult in your party to accompany them. Age of majority in Spain is 18 years old, so a young adult older than 18 can already be legally considered responsible for kids in their party if there isn't anyone more suitable. BASQUE TOURS tourguides, drivers and other BASQUE TOURS staff and collaborators will never be considered legal tutors of underage participants of the tour, nor responsible for them..
• The payment of the tour or first installment of payment plan or use of the gift certificate constitutes consent of the tour to the terms and conditions explained herein..
• Our tours begin on your arranged pickup time and end at the expiration of the number of hours booked.
• BASQUE TOURS reserves the right to cancel the services booked by any disruptive or disrespectful customer without notice. No refunds will be given in such a case..
• BASQUE TOURS cannot be held responsible for acts beyond its control, ie: acts of Nature, Acts of War, Planned or Unplanned attacks. We are not responsible for damages or losses including loss of income from persons or entities not controlled by BASQUE TOURS, such as Transportation Providers, Tourist Sites such as Buildings, Museums or other Tourist Attractions, Restaurants, Cafés, Bars, Shops or any other provider. In the event of any claims, disputes arising from our relationship or caused by the tours; all parties consent to having their grievances heard in the jurisdictions and venues of the courts in San Sebastian, Spain..
• When not using our own vans for any of the booked services with BASQUE TOURS, the bus services hired by BASQUE TOURS are service providers and they do not belong to nor are operated by BASQUE TOURS .
• Our tourist services are subject to the provisions contained in various laws, among which is Law 16/1987 of July 30, on Land Transport, and its subsequent updates. In accordance with article 102 of said Law on Land Transport, which regulates complementary private transport, transport between the destinations in which the client has contracted our tourist guide services, will be done in a totally complementary way, without profit. and only as a necessary complement for the correct development of the contracted activity. The transport is a complement to the tourist guide services and the above signing client acknowledges that what has been contracted is the guiding service in the destinations indicated above and NOT a transport service between one or more destinations. The client accepts that he will not be able to demand extraordinary compensation to those included in our compulsory insurance, produced in the course of tourist guide activities or as a consequence of any complementary private transport traffic accident associated with our tourist activity.

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:

• Understand that BASQUE TOURS does not own or operate the driver services used for chauffeured or bus tours. As a result, BASQUE TOURS and BASQUE TOURS are not liable for any negligent or willful act or failure to act of such third person, or of any other third party.
• Understand that BASQUE TOURS does not employ other tourguides apart from BASQUE TOURS, and BASQUE TOURS acts only as an intermediary to provide you the tours when BASQUE TOURS is not available. As a result, BASQUE TOURS and BASQUE TOURS are not liable for any negligent or willful act or failure to act of such third person, or of any other third party.
• Accept that BASQUE TOURS reserves the right to reassign you a different tourguide for organizational reasons until upto 1 day prior to your tour date
• Acknowledge that you have voluntarily applied to participate in the tour designated on this application, and do so with the knowledge of the risks and dangers involved, including but not limited to:
• Negligence in the conduct or arrangement of this trip in any respect from inception to completion;
• Physical exertion for which you are not prepared;
• Forces of nature;
• Transportation failures whether by car, bus, subway, by foot, or by any other conveyance;
• Consumption of alcoholic beverages;
• Risks associated with food or impure water;
• Civil unrest; terrorism;
• Criminal activity;
• Accident or illness without access to means of rapid evacuation or availability of medical supplies or services;
• The adequacy of medical attention once provided;
• Damaged, stolen, lost, or misplaced luggage or property.
• AGREE TO BE RESPONSIBLE FOR YOUR OWN WELFARE AND PROPERTIES AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH.
• Declare to suffer from no physical or mental condition that could make you susceptible to injury or disability during the tour.
• Understand that your own contribution to the tour is also crucial for the success of it. You are entirely responsible for things such as (but not limited to) your mood, interest, interactions, decisions, stamina levels, walking issues, punctuality and communication with your tour guide. If there is something that could improve your experience, we encourage you to share your insights and feedback with your tour guide, so he/she can introduce the necessary changes when possible.
• RELEASE AND DISCHARGE FOREVER BASQUE TOURS AND BASQUE TOURS, AND ANY AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, PRESENT AND FORMER EMPLOYEES, OWNERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, INSURERS, SHAREHOLDERS AND DIRECTORS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM YOUR PARTICIPATION IN THE TOUR. You agree that this release shall be legally binding upon you personally, all members of you family or group, and all minors traveling with you, you and their heirs, successors, assigns, and legal representatives, it being your intention to fully assume all the risks associated with this trip and release BASQUE TOURS and BASQUE TOURS from any and all liabilities to the maximum extent of the law.
• This Waiver shall be binding upon your next of kin, heirs, personal representatives, beneficiaries and assigns and shall inure to the benefit of BASQUE TOURS, its successors and assigns.

*Either it is a full payment, deposit, first installment of payment plan or use of gift certificate.

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.

• Third party links. Occasionally, at our discretion, we may include or offer third party products, resources and services on our website and emails. These third party sites have separate and independent privacy policies. You acknowledge and agree that we have no responsibility or liability for the content and activities of these linked sites or resources, their availability, accuracy or policies. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
• Endorsement and responsibility. Links to such websites or resources do not always imply an endorsement by or affiliation with BASQUE TOURS. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
• Affiliate links. Some of the links contained in our website, e-mail, newsletters and other social media properties are affiliate links. That means that we might get a commission when someone clicks on the link and/or makes a purchase from the affiliate. If we are affiliated to such third parties and receive a payment or commission for the links, they'll be identified as “sponsored” or “affiliate”. However, such payment won't affect the quality of our content. Also, if the affiliate link would increase your costs, we wouldn't use it. We only recommend products and services that we know or trust to be of high quality, whether an affiliate relationship is in place or not. Your trust is more important than any commission. Please contact us if you'd like to share any feedback about products we promote, or if you need any clarification about this policy.
• Advertizing. We might occasionally publicize or advertise third part services. In such case we won't provide any guarantee, implicit or explicit, for such services and their delivery, nor imply that they are the right solution for the user's personal case. Such services won't be delivered by BASQUE TOURS, unless otherwise stated. BASQUE TOURS might receive a payment or commission for such advertising.
• BASQUE TOURS, BASQUE TOURS, its associates, professionals and other staff cannot be held responsible for any direct or indirect damage suffered by a user or third party for any decision taken based on the contents of this website, nor of the content accessed by the user via links from this website.

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.

• Some images and pictures used in our blog and website might be being used under CC0 license (public domain). Other have been legally purchased, and most of them have been taken by BASQUE TOURS, who retains the full rights.
• BASQUE TOURS reserves the right to update, edit, eliminate or restrict the access to all contents at any time, temporarily or for ever without previous notice.
• Website visitors retain a non-exclusive usage. That is, visitors have the right to use the website as long as they:
• Do not copy or edit the content, create a derivative work or try to discover the source code.
• Change or try to change the website in any way.
• It is absolutely forbidden to copy, redistribute or use the content in any way without the written permission of BASQUE TOURS. Visitors can download or print the content for their personal use only, but it's strictly forbidden to remove or edit, partially or totally, the copyright notice

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:

• Agree that you are the solely responsible for the use you'll make of our contents and you'll never make us responsible of any of your decisions, actions or results related to your use of our website.
• Imply that you have read, understood and accepted our Terms and Conditions. BASQUE TOURS has the right to modify totally or partially such Terms and Conditions, so we recommend you to check them periodically.
• Understand that its content (such as recommended itineraries and timings, blog posts, e-books and other materials) is created from our personal experience and opinions but they do not constitute a guarantee that they will work for your personal case.
• Agree to not copy, edit, redistribute or reuse the content of this website in any way without written consent of BASQUE TOURS. You may however download it and print it for personal usage only.
• Accept that you are responsible for the safety of your own equipment and devices, and take the necessary steps to protect yourself from eventual viruses and other malware.
• Commit to browse this website and use its content in good faith, never for illegal, dishonest or unauthorized purposes.

BASQUE TOURS is committed to protecting your privacy online. This Privacy Policy describes the personal information we collect through this website at https://www.BASQUE TOURS.com (the “Site”), and how we collect and use that information.

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.

Use of BASQUE TOURS, including all materials presented herein and all online services provided by BASQUE TOURS, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.

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.

CHANGES TO OUR PRIVACY POLICY

You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. We will notify you of any changes to this privacy policy by posting those changes on this page.

No user personal data will be stored unless at least one of the following actions takes place:

• User signs up to receive content from us
• User books our services or buys a product from us
• User contacts us via email or contact form
• User enters a comment in our blog

When you willingly submit your personal and travel data by the means described above, you are accepting this Privacy Policy and authorizing us to use it, store it, as well as discard it totally or partially after having used it.

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:

BASQUE TOURS & EVENTS SL Trading as BASQUE TOURS

Secundino Esnaola 3 -7º -Dcha

20001 San Sebastian, Spain

Contact: info@basquetours.com

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:

• User signs up to receive content from us
• User books our services or buys a product from us
• User contacts us via email or contact form
• User enters a comment in our blog
• To personalize your experience (your information helps us to better respond to your individual needs)
• To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
• To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
• To administer a contest, promotion, survey or other site feature
• To process transactions
• To send emails with the purpose of:
• sending information related to our tours
• sending information related to the visitor's bookings and shopping carts
• email our blog posts or other website content
• stay in touch with former clients
• occasionally send other content that we might consider of interest
• enable communication between the user and the BASQUE TOURS team
• The email address you provide during your booking process, may be used to send you information and updates pertaining to your order and ask for a review, in addition to receiving occasional company news, updates, related product or service information, etc.

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.

The following points are in addition to our privacy policy and apply to customers having booked tours with us:

• We might also collect information relevant for your tours from our email exchanges.
• We might send you an email after your tour is over asking for feedback about your tour and a review (a third party might be used to process such email).
• After the tour is over, we might send you quarterly emails to stay in touch, as well as occasional relevant news about our company that might be of interest to you. You can unsubscribe any time from such emails by clicking on the link at the bottom of the email.
• Our clients list is different from our weekly newsletters list: if you are subscribed to both and you unsubscribe from one, you'll still be receiving emails from the other list.
• Testimonials: Your emails might be used as testimonials in our website upon receiving your consent by email, using the name or nickname provided by you. Testimonials about us on Tripadvisor and other travel sites and forums might be used providing the user nickname or signature of the person who published such public testimonial. We won't reveal the identity of the reviewer unless we receive written permission for that or their identity coincides with the nickname or signature used to publish the review.

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.

The Site may contain links to third party websites. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.

By using / buying / booking our Services or browsing our Website, you authorize BASQUE TOURS to share your data with our trusted parties.

FREELANCE EMPLOYEES

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.

SITE GROUND

Our website is hosted in a server located in Miami, USA, managed by Gigas Hosting S.A.Such company acts only as a hosting provider, storing but not processing your personal data nor store it for their own use. Gigas Hosting S.A. complies with the U.S.-EU Safe Harbor Framework. You can learn more about their privacy policy here.

DROPBOX

We store some of our files containing personal data on Dropbox, a service provided by Dropbox, Inc (San Francisco, CA, USA), so they can be accessed remotely by our workers and freelance assistants. They store our files, but do not collect your personal information in them for their own use. More about their privacy policy here.

CAIXABANK

Our money transactions are currently processed via a virtual POS provided by CAIXABANK (TOLOSA, Spain), that works with REDSYS.

CAIXABANK complies with the Ley Orgánica de Protección de Datos de Carácter Personal (LO 15/1999, December 13), and you'll find their privacy policy here.

CAIXABANK 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 CAIXABANK.

When orders are made online, we might use third party apps or plugins to connect with CAIXABANK. 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.

TRIPADVISOR

We might share your email with TripAdvisor LLC (Newton, MA, USA) to use the Tripadvisor Review Express service to send our tour clients an email and possibly a reminder after their tour is over, asking them to write a review about their tour. The addresses remain stored in a TripAdvisor server, for campaign tracking and proper filtering of future email campaign lists. Addresses are stored separately and securely, and access is limited to specific people on the TripAdvisor team. Tripadvisor doesn't use those e-mail addresses for any other purpose, and no Tripadvisor membership will be automatically created for Review Express recipients. More about their privacy policy here.

[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]

This site uses cookies.

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.

Do we use cookies? Yes, our site uses own and third party cookies to improve your overall experience. Cookies are files that are installed on the users browser in order to track your activity in a website and improve your experience. In compliance with the Real Decreto-ley 13/2012 Spanish law, we inform you that:

• Some of the cookies we install are “technical cookies” that enable a correct navigation within our website and/or allow us to provide a service required by you (i.e. bookings, payments, login…). This includes “session cookies” that allow us to prevent robots from sending spam on the blog comments and website forms.
• Some other cookies are used for other uses (analytic purposes, storing navigation preferences for an easier user experience, enabling social media interactions and more… see list below). They do not track sensitive personal information.

DISCLAIMER:

• This website and its legal representatives are not responsible of the content or the honesty of the privacy policies of third part cookies.
• Browsers are responsible for storing cookies: users must exercise their right to eliminate or deactivate cookies. This website and its legal representatives can't guarantee the correct manipulation or use of cookies installed by the user's browsers.
• It might be necessary to install cookies so the browser remembers if the user accepted or denied the use of cookies in this website.
• Google Analytics cookies are stored in servers located in the US and they agree not to share the information with third parties, unless it is necessary for the correct performance of the system or if they were forced by law. According to Google, they do not store the user's IP address. Google Inc. is a company that adheres to the Safe Harbor Arrangements ensuring that all transferred data will receive a protection level complying with the EU law.
• For any question about our cookie policy, please contact us.