Terms and Conditions

General

Terms

The terms “we,” “us,” and “our” refer to Artoba Tours / Killian Driscoll. The terms “site” and “website” refer to  http://www.artobatours.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 Artobatours such as (but not limited to) tours, day trips, and consultancy services.

Headings

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 the site and service

  • Use of http://www.artobatours.com, including all materials presented herein and all services provided by Artoba 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. Artoba Tours makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Artoba 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.
  • 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.

Orders & bookings

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.
  • In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Refusal of service

  • 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.

Our intellectual propert

  • Artoba Tours is a registered trade mark. All rights reserved.
  • The Site and Service contain intellectual property owned by Artoba Tours, including trademarks, copyrights, proprietary information, and other intellectual property.
  • Except where otherwise noted, this site's content is by Killian Driscoll, licensed under a Creative Commons Attribution 4.0 Int. License.

Changed terms

  • 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.

Limitation of liability

  • You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service. Additionally, we will not be 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 Artoba Tours 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 Artoba Tours’ cumulative liability to you exceed the total purchase price of the Service or Product you have purchased from Artoba Tours, and if no purchase has been made by you Artoba Tours’ cumulative Liability to you shall not exceed €100.

Legal information

  • 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 Barcelona, Catalonia.
    • 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, Artoba Tours retains the right to integrated and interpret all the parts that wouldn’t have been declared invalid by such authority.

Inactivity

  • Artoba Tours’ inactivity to ensure compliance with these Terms and Conditions will never be interpreted as a renounce to any rights or actions to which Artoba Tours and Killian Driscoll might be entitled.

Tours

These Terms & Conditions apply to any customer (paying or invited) and any other individuals taking the tour with the customer, in addition to our General Terms & Conditions:

  • While we aim at describing our tours, services and products as accurately as possible, we cannot guarantee that the itineraries, timings, pricing, vehicles, 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 Artoba 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. Artoba Tours tour guides, drivers and other Artoba 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 deposit constitutes consent of the tour to the terms and conditions explained herein.
  • Our tours begin at your arranged pickup time and end at the expiration of the number of hours booked.
  • Artoba 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.
  • Artoba 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 Artoba 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 Barcelona, Spain.
  • Drivers hired by Artoba Tours are service providers and they do not belong to nor are operated by Artoba Tours or Killian Driscoll.

Payment

Payment can by credit card, PayPal or cash

  • For bookings at least 30 days before their first tour date
    • 1 deposit to confirm booking: 50% of total fee
    • Balance paid two weeks before tour date
  • For bookings less than 30 days before their first tour date
    • 100% of total fee to confirm booking

Failure to complete payments in due term will automatically mark the booking as cancelled, and the applicable cancellation policy will be applied.

Changes after the booking has been completed

Changes requested by the client

  • We aim to be as flexible as possible and aim to accommodate any requested reasonable changes to the best of our ability.
  • Date/time changes. Date/time changes will depend on availability.
  • 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 all logistic changes (date, number of people, etc.) requested less than 48 hours before the scheduled tour starting time. Each case will be studied independently taking into consideration availability.
  • 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 tickets for for your tour, and you decided to skip it from your original itinerary, such tickets will be lost and no refund will be given.
  • Driver changes requested by the client:
    • Adding a driver. If you booked a walking tour and decided to change to a chauffeured tour, this will only be possible depending on driver availability.
    • Canceling a driver. If you booked a chauffeured tour and later on you decided to cancel the driver, cancellation fees might apply. Each case will be studied independently.
    • Changing vehicle size. If you booked a tour in a vehicle for a certain amount of passengers and later on the group size changed and needed a larger/smaller vehicle, the change of vehicle will depend on availability, and may imply a change in the final fee.

Changes made by Artoba Tours

  • Itinerary changes: We 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 etc. Our itineraries are based on a typical pace: not too rushed, but not too relaxed. Artoba Tours will not be responsible if there wasn’t time to visit all the promised sites in the itinerary. No refunds for itinerary changes.

Cancellation policy

  • Any cancellation must be initiated by e-mail contacting us at killian@artobatours.com, and will be also acknowledged by Artoba Tours via e-mail. Cancellation notifications by phone will not be accepted.
  • Weather conditions: Tours are carried out rain or shine. Bad weather is not a valid reason to cancel a tour.
  • Circumstances beyond our control: Artoba 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.

Refunds

  • Cancellations more than 30 days before the tour date: 50€/cancelled service will be kept as cancellation fee, plus any applicable exclusions detailed below.
  • Cancellations less than 30 days before the tour: 15% of the total cost of the cancelled services will be kept as cancellation fee, plus any applicable exclusions detailed below.
  • Cancellations less than 48h before the tour: If the tour is cancelled less than 48h 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 telephone number or email provided in the booking form within 1h after the booked starting tour time, we’d consider it a no-show and no refund will be given. Clients booking an airport pick-up tour must contact us as soon as possible if their flight 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 48h before the service date, no refund will be given.
  • Refunds will be sent back to your credit card (if you paid online) or via Paypal (if you paid via Paypal), unless otherwise agreed with the client. The client will take care of any costs/commissions required for the refund transfer.

Exclusions

  • The above stated refundable amounts don’t include: any non-recoverable upfront costs incurred by Artoba 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), refund transfer costs.

Cancellations by Artoba Tours

  • In the unlikely event that Artoba 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.

Other tour details

  • Client is responsible for booking their tour/s for the correct date. If the client provides a wrong date for their tour, Artoba Tours will try to provide for the new date. If Artoba 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 24 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 Artoba Tours of the right meeting point at least 24 hours before the due starting time of their first booked tour.
  • Client is responsible to be on time: Artoba 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… Artoba Tours is not liable for any injury, damage, loss or accident incurred during the tour. Artoba 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. Artoba 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 Artoba Tours’s control that might cause the tour to be cancelled. Artoba Tours is not liable for any delay or irregularity of this nature, nor any expenses resulting from them.
  • Food: In lunch stops and epicurean tours, client is responsible for telling the Artoba Tours 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 Artoba 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.

It is each individuals responsibility to read and understand the terms and conditions of Artoba Tours prior to paying* for their tour.

Liability waiver for tour users

By paying for your tour you:

  • Understand that Artoba Tours does not own or operate the driver services used for chauffeured tours. As a result, Artoba Tours and Killian Driscoll are not liable for any negligent or willful act or failure to act of such third person, or of any other third party.
  • 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 FOREVERBARCELONA AND MARTA LAURENT VECIANA, 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 you attention to fully assume all the risks associated with this trip and release Artoba Tours and Killian Driscoll 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 Artoba Tours, its successors and assigns.

Entire Agreement

This Agreement constitutes the entire agreement between you and Artoba Tours pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Artoba Tours shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Artoba Tours.

Legal Notice

This Legal Notice is according to the Article 10 of the 34/2012 Law of July 11 on Information Society and Electronic Commerce Services:

Killian Driscoll – Trading as Artoba Tours
Address: Rambla de la Pau 25, 1-1
Vilanova I la Geltrú 08800
Spain
Email: killian@artobatours.com
Website: http://www.artobatours.com