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Terms and Conditions

Any booking made with Amelí Rioja Private Tour Guide shall be governed by and subject to these Terms and Conditions. In all booking arrangements, the person making the booking shall be deemed to have accepted these conditions on behalf of the persons named in the booking. As our Terms and Conditions contain legal obligations, we recommend that you read them carefully. If you do not agree to be legally bound by the following Terms and Conditions, please do not use our website: www.ameliriojatours.com.

Overview

The terms « site » and « website » refer to http://www.ameliriojatours.com. The terms « user », « you » and « your » refer to site visitors, customers and any other user of the site. The term « Service » refers to services provided by Amelí Rioja Private Tour Guide, such as (but not limited to) tours, excursions, digital products and consulting services.

Amelí Rioja Private Tour Guide offers private tours in La Rioja, Bilbao, San Sebastian, Vitoria and day trips in and around the Basque Country. Our website also includes a blog where we share useful tips for people visiting the Basque Country, and we can also use it to sell digital products and other services.

Use of the site and service

Use of http://www.ameliriojatours.com, including all materials presented herein and all online services provided by Amelí Rioja Private Tour Guide, is subject to the following Terms and Conditions. These Terms and Conditions apply to all visitors to the Site, customers and all other users of the Site. By using the Site or the Service, you accept these Terms and Conditions, without modification, and acknowledge that you have read 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.

The information provided on the Site and in the Service related to tours, products, services and other information is subject to change. Amelí Rioja Private Tour Guide does not represent or warrant that the information provided, regardless of its source (the « Content »), is accurate, complete, reliable, current, or error-free. Amelí Rioja Private Tour Guide disclaims any liability for any inaccuracies, errors or incompleteness in the Content.

Communications. Emails, phone calls and other communications will receive « consulting » status that provides general guidelines, because we cannot perform the in-depth analysis that we would in an in-person setting. Therefore, the advice we provide in emails, phone calls and other communications prior to completing your booking is not a substitute for working with a travel agent or private tour guide.

Legal purposes

You may use the Site and the Service only for lawful purposes. You agree to be financially responsible for all purchases made by you, or anyone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site only for lawful, non-commercial purposes.

You will not post or transmit through the Site any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, malicious, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or contains harmful formulas, recipes or instructions, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Account creation

To use the Service or Product, you may be required to provide information about yourself, including your name, email address, username and password, and other personal information. You agree that any registration information you provide to Amelì Rioja Private Tour Guide will always be accurate, correct and up to date.

You must not impersonate any other person or provide account information or an email address that is not 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 or our jurisdiction.

Acceptance of Orders and Reservations

The Services are offered subject to our acceptance of your order or requests.

No order or booking is deemed to be accepted by us until payment has been processed.

Confirmation of orders and reservations

We will send you an email to confirm acceptance of your order or reservations and with details about your reservation or purchase.

Should there be an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Denial of notification of orders and reservations

We reserve the right to refuse service to any order, person or entity, without the obligation to assign a reason for doing so.

We may change or discontinue any aspect or feature of the Site or Service at any time, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Modified terms

We may at any time modify these Terms and Conditions. Such modification will be valid from the moment it is published (unless otherwise indicated) or when it is notified to the client (whichever occurs first). Any use by you of the Site or the Service after being notified means that you accept such modifications.

We reserve the right to update any part of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions on the Site and list the effective dates on our Terms and Conditions pages.

Limitation of liability

You agree that under no circumstances will we be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary or any other damages arising from your use of the site or service. Additionally, we will not be liable for damages related to (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, destruction, unauthorized access, alteration or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises from negligence, contract, tort, or any other theory of legal liability.

The foregoing applies even if Amelí Rioja Private Tour Guide has been informed of the possibility or could have foreseen the damages.

If the exclusion or limitation of liability for damages does not apply, our liability is limited to the greatest extent permitted by law. In no event will Amelí Rioja Private Tour Guide’s aggregate liability to you exceed the total purchase price of the Service or Product that you have purchased from Amelí Rioja Private Tour Guide, and if you have not made any purchase from Amelí Rioja Private Tour Guide the cumulative liability to you will not exceed €100.

Legal information

Applicable law; Meeting place; Mediation:

• This Agreement shall be construed in accordance with and governed by Spanish law as applied to contracts that are executed and performed entirely in Spain. The exclusive venue for any arbitration or judicial proceeding based or arising from this Agreement will be Logroño, Spain.
• The parties agree to attempt to resolve any dispute, claim or controversy arising out of or related to this Agreement by mediation, which will be carried out under the mediation procedures then in force in 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.

Compensation:

• 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, but not limited to, attorneys’ fees, arising from any your breach of any of these Terms and Conditions, or any use by you of the Site or Service.
• You shall provide us with such assistance, free of charge, as we request in connection with such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you as we deem necessary.
• You will not settle any third party claim or waive any defense without our prior written consent.

Recovery of litigation expenses. If any legal action or arbitration or other proceeding is instituted for the enforcement of this Agreement, or due to any 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 attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which they may be entitled.

If any term, provision, covenant or condition of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the Agreement will remain in full force and effect and will in no way be affected, impaired or invalidated.

Assignment. These Terms and Conditions are binding and will inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not
assignable, delegable, licensed to third parties or transferable by you. Any transfer, assignment, delegation or license to third parties made by you is invalid.

Invalidation. If any part of these Terms and Conditions is declared invalid by the competent authority, the reminder of the Terms and Conditions will remain fully valid. Whenever possible, Amelì Rioja Private Tour Guide reserves the right to integrate and interpret all parts that said authority would not have declared invalid.