Legal conditions

Pyrene Spanish & Leisure S. L. registered in the Register of Huesca dated April 15, 2011 in Book 584, page 176, entry 1, HU-10754 sheet using in this case the trade name Toureate and its online platform www.toureate.com sets following legal conditions: Terms of Use, Terms of Business and Cooperation Agreement with the Providers.

TERMS OF USE

Toureate offers its visitors the possibility of booking tours and touristic activities through the Internet portal, www.toureate.com. Suppliers of the services mentioned above offer activities for their own benefit and under their responsibility.

Visiting www.toureate.com means that you accept these Terms of Use. Booking a tour with www.toureate.com means that you accept the Terms of Business of Toureate and suppliers of tours or other tourist services.

Ensure you sign up before you book a tour via www.toureate.com.

Toureate reserves the right to change, add or suspend partially or totally the content, structure, functions of the booking portal at any time without any previous notification. Toureate can block the access to the website to specific users.

You are using or refraining from using the information this website contains at your own responsibility. Toureate excludes liability for the access or the use of this website including all the information and data contained. Toureate do not accept liability for the contents of the information displayed on the website.

To book services via this website, Toureate’s Terms of Business and suppliers of tours and other tourist services will apply as well as the additional conditions of individual suppliers which can be found at the service pages.

Toureate do not accept liability for damages caused by computer viruses, spyware, spam or other malicious computer programs.

The content of this website is protected by copyright.

www.toureate.com can be linked to other websites. Those websites are maintained by third parties and Toureate has no influence on their contents. Toureate is not liable for contents or conducts of those other websites.

When visiting our website, Toureate compile certain data for statistical purposes (IP address, browser type...) Even if you do not sign up, transfer of some data could be possible by enquiring about bookings or other information. All this information is protected by the Personal Data Protection Act (Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal) .

When paying for your booking, the credit card payment will be processed by e-commerce payment gateway solution Ceca. Toureate do not store information from credit/debit cards.

Toureate use cookies which help us to recognize your computer when you visit our website the next time. You can disable cookies from your browser software and erase them from your hard disk. By doing this, certain data about your use of our website will not be transferred to Google. www.toureate.com use Google Analytics. Google Analytics provide Toureate with reports about the activity on the website. This is the reason why Google use cookies. The information about Google’s privacy policy can be found on http://www.google.com/intl/en_ALL/privacy.html

By using www.toureate.com you agree with the processing of your data through Google.

When completing a booking, part of your data will be transmitted to the booking company so it can properly provide the services where the activity takes place. This could be a foreign company. The booking company must be under the local legal provisions on privacy protection. Completing a booking also allow us to send you messages and relevant documents via e-mail or through our website.

In some circumstances, Toureate and/or the booking company might transmit or make accessible some information to the authorities under request.

When booking, the necessary data will be provided to an external payment provider.

If you sign up to our e-mail newsletter, the information you provide will be hosted in external e-mail marketing service provider.

In case of any complaints, Toureate reserve the right to pass information to third parties and authorities to investigate to claim.

Data is used for contract agreements, improvements of the website functions and its appearance, the design of product pages and also for analysis, marketing and consulting purposes.

If you signed up to Toureate Newsletter, we reserve the right to send you updates about any kind of Toureate’s information.

By signing up, you give us permission to send you online our newsletter and other communications. You can unsubscribe clicking on the link contained in every message. By booking a service, you give us permission to send you messages and relevant documents online. The booking company also has the permission to send you online messages.

Toureate reserve the right to change the Terms of Use and Privacy at any time. The terms at the time of your visit will apply.

The use of www.toureate.com is only subject to Spanish Law.

TERMS OF BUSINESS

I. Toureate’s General Terms of Business

These terms control the use of www.toureate.com when you sign up (create a new account) or book a service. Terms of Use and Privacy of Tourate apply as the contents of the legal relationship between you and Toureate and the supplier of the service you book.

You must open a user account and sign up before you book a tour on www.toureate.com. The personal data you enter could be sent to the mediated provider if necessary.

Registration is restricted to actionable persons. In the case of registration of a legal body, it must be conducted by someone with the proper authorization to operate in the name of this legal body. The registration of more than one user account for the same natural or legal person is not allowed. The use of the user account is personal and not transferable. There is no entitlement of registration or use of Toureate booking portal. You must sign up with your official name. Registers under pseudonyms are not allowed. Toureate will delete accounts under false names and pseudonyms.

The information of the account must be true and up to date . Toureate are not liable if a service cannot be developed because of false information.

When booking a service through Toureate, all booking process, payment, cancellation and other processes will be conducted using specific forms. Links to these forms will be included on the e-mails Toureate send you. If you do not use these forms, the booking will not be legal and Toureate will exclude any liability.

Tours, services and tourist activities published are non-binding offers.

When a service or activity is chosen, you must add your e-mail and password, previously registered and access the booking website where you can make the payment. The payment will be charged to your bank account or your credit card. You are liable for your booking which is considered a binding offer for two working days (the supplier’s time zone applies) The supplier must confirm the booking within the period defined. Once the booking is confirmed by the supplier the contract between you and the supplier is effective. You will receive an e-mail confirming the acceptance or non acceptance of the request of booking. If the supplier does not accept you request your money will be refunded to you. The supplier provides the agreed services under his own behalf and on his own account.

The provider may set eligibility requirements for his products. You will find those requirements in the product description page. You are responsible to fulfil them. The supplier reserves the right to refuse a booking or exclude you from a certain service if you do not fulfil them. In that case, there will not be any refund.

The supplier of the tourist service needs to confirm bookings as well as other communications through Toureate booking portal. Therefore, you must have your information account always updated and check the email given to create your user account in case you receive new messages.

If you need to cancel a booked service, you need to use the relevant form on Toureate’s website.

You have the possibility to make comments about the tour after you’ve done it using the review system. The aim is to create an accurate profile of how the provider works as well as the responsibility and trust shown. We will send the provider the link to the review.

Reviews must be sincere and based on true facts. Toureate reserve the right to delete any inaccurate, inappropriate or insulting comments. Tourate also reserve the right to exclude you from using the booking portal and delete your user account. Toureate and the affected suppliers reserve the right to take legal action in compensation of any damages.

You can ask the supplier any queries. The communication between you and the supplier will take place through Toureate’s customer support department. Toureate reserve the right to delete without prior notice any question not directly related to the product or service or its performance and close the user account. These messages cannot be used to close contracts or cancel bookings. In both cases, you need to use the proper forms.

Toureate provide you (the customer) with this booking portal so you can contact the provider and make the booking. The contract relating to the booked service is only between you and the provider. Toureate are not a contractual partner. It is just the mediator between you and the supplier of the tour or tourist service.

Toureate are not liable for any computer viruses, Spyware or other damages caused by malware or any computer programs.

If you visit the website without signing up,  you are still subject to the General Terms of Use.

Toureate can modify these General Terms at any time without prior notice. For each booking, the current effective terms apply. The user has no guarantee that future bookings will be completing under the existing conditions.

The legal relations with Toureate are subject to the Spanish Law.

II. General Terms of Business for suppliers

These General Terms of Business to the contracts between the users of www.toureate.com and the suppliers of the tours, services or tourist activities.

The supplier only accepts bookings by people fully capable of acting and with full legal competence. Legal persons have to act by a duly authorized person.

The information provided on www.toureate.com must be true. The supplier reserves the right to cancel bookings if the user provides wrong information. In this case, the cost of the tour or activity will not be refunded.

The user has the responsibility to arrive on time at the meeting point as well as to fulfil supplier’s conditions of participation. If you are a foreign tourist you are responsible for the necessary travel documents (passport...) compliance with health regulations... If these conditions are not fulfilled the supplier reserves the right to exclude you from the activity. In this case there will not be any refund.

In case that the applicable law for the contract between you and the supplier guarantees a cancelation right on your behalf, you give up this right to the extend allowed by the applicable law.

The insurance is not included on the price. You are personally responsible for a sufficient insurance coverage. The extend of the insurance need depends on the booked activity.

If you do not pay for the booked services or revoke the payment, this will be taken as a cancellation and the cancellation expenses will be as it follows:

-  4 days or more before the activity takes places: fully refund

-  3 days of less before the activity takes places: no refund

The refund will be done to the used credit card within the following 20 working days

If the credit card payment is revoked before the service takes place, this will be considered as a cancellation and cancellation charge will apply. Toureare reserve the right of claim for damages.

The supplier can cancel the activity without adherence to the cancellation period if weather conditions, governmental actions, unforeseeable or unavoidable external circumstances endanger or make carrying out the activity impossible or much more difficult. In those cases, any compensation for damages or other claims under any legal basis will be excluded.

The supplier has the right to refuse the admittance or exclude you from an activity if you do not fulfil the responsibility requests or if your participation puts others at risk or otherwise interferes with the proper performance of the activity. In those cases, there will not be any refund.

The supplier reserves the right to make little changes in the activity when necessary under unforeseeable or unavoidable circumstances.

Each service of product can have its own conditions.

For calculation of time and date purposes, the time zone of the supplier of the tour, service or tourist activity will apply.

The supplier of the tour or touristic service is liable according to applicable law.

These Terms of Business are subject to change without prior notice. The terms that are valid at the time of each booking shall apply. The user has no claim that future bookings be completed under existing conditions.

The legal relationship between users and suppliers will be governed by the applicable law.

COOPERATION AGREEMENT

Toureate operates on the Internet through the booking platform www.toureate.com offering sightseeing tours, tours and other touristic services and leisure activities. Visitors may view offers from suppliers on the platform and make bookings. Toureate is a mediator between the visitor and the supplier. Toureate is not a contracting party between the visitor and the supplier.

The object of this cooperation agreement is the provision of Toureate booking platform based on the terms of this agreement. Toureate has no further obligations or liabilities. In order to allow the correct execution of bookings the process is define in this document.

The suppliers offer tours or other touristic service or activity under its own liability. Toureate provides the booking platform for the supplier to promote his tours.

The supplier may register on Toureate. After registration and product upload on the booking platform, Toureate will check the products and the supplier. Toureate will negotiate the commission for each tour and supplier. Toureate will activate the products if they fulfil the quality requests required by Toureate and these products are online on www.toureate.com

To register on Toureate, the supplier accepts this collaboration agreement, the General Terms of Use and Privacy Policy of Toureate and the General Terms of Business of Toureate and the suppliers of tours and other touristic services and activities.

Toureate can admit or refuse a supplier to the Toureate platform without giving any explanations.

The supplier must have the information updated on the “Supplier Account”. Toureate will send messages to the e-mail that appears on the “Supplier Account”.

The supplier can only have one “Supplier Account”. It is mandatory to use official names as stated in public registries or licences. Toureate may terminate the cooperation without notice if a supplier opens several supplier accounts, use pseudonyms or wrong names. The account is not transferable and may only be used by the owner of the products or/and services offered.

Toureate are not responsible for any damage caused to the supplier due to the outdated supplier information or data.

Toureate will not compensate the supplier for costs and expenses arising from registration, product upload or product editing/management.

The supplier must be actionable according to the applicable law. Legal bodies can only conclude this cooperation agreement through and authorized and actionable natural person.

The Toureate booking platform is available in Spanish and English. It contains product offers of sight seen tours and touristic services and activities of all kind. Toureate hold the exclusive power to decide how tours, services and touristic activities are shown on the booking portal.

The visitor of the website can view products and services without prior registration. If the visitor is interested in a specific product, he must register and send the proper request to the supplier.

Process of manual booking. The supplier has 48 hours to answer the customer’s request. He may accept or refuse the request. The supplier will reply to this request through the Toureate booking platform within a period of 48 hours. If the supplier accepts the request the contract between the supplier and the customer becomes effective and the booking is confirmed.

The credit card payment of the customer is collected at the time of the booking. If the contract could not be concluded according to the “Manuel Booking Processing” the credit card payment will be reversed.

Both parties are bound to the contract until execution except if the customer cancels the booking. The supplier must provide the customer in advance with all necessary information for the correct execution of the service (meeting point, time, clothing, allergies...) The supplier is required the check the e-mail stated on the “Supplier Account” at least once a day.

Toureate collect the customer’s payment and assure payment on the booking portal through a secure payment solution provider chosen by Toureate. Toureate will transfer the money directly to the supplier’s bank account (located in the supplier information section). Toureate are not liable for wrong or incomplete data. Toureate are not liable for the customer payments. Toureate are not liable for the accuracy of customer data.

The supplier must have a comprehensive general liability insurance which insures the products offered on the Toureate booking portal. It is a requirement to agree upon an insurance sum which is appropriate for the given booking volumes and risk.

The general liability insurance also needs to cover potential regress claims from Toureate.

The specifications concerning the general liability insurance must be documented electronically and sent to the e-mail address supplier@toureate.com. This includes: Name and address of the General Liability Insurance, number of the insurance policy and the insurance sum. Toureate reserve the right to take a look at the insurance policy upon request and demand proof of payment for the insurance premium.

The supplier guarantees that Toureate comply with all legal preconditions and requirements for the products offered and that has all necessary allowances.

The supplier guarantees that Toureate comply all legal security standards and standards or relevant professional organizations or associations.

The supplier is responsible for complying with employment and labour rules.

The supplier guarantees that all of his guides possess the legal allowances and meet all necessary legal requirements, including professional qualifications and allowances.

The supplier is fully responsible for the behaviour of the guides towards the customer and Toureate.

The supplier will immediately inform Toureate if he does not have the necessary allowances or they are not up to date. The supplier also has to tell Toureate if the General Liability Insurance has been resigned or the premium has not been paid. Toureate has the right to know if the guides are not properly qualified or if the safety standards are not met. The supplier will inform Toureate if there are any imminent circumstances that make the execution of contracts impossible or threaten customers to render themselves liable to prosecution upon execution of the contract or to otherwise getting into difficulties with public authorities. The same is true for the relationship with Toureate.

The supplier specifies the products offering according to www.toureate.com requests. The website will also clarify about the safety standards required. The products which do not meet the requirements will be immediately deleted by Toureate without prior notice.

The supplier may only upload his own offered products. The supplier cannot upload products for which he is only a mediator or an agent. The supplier needs to be prepared to perform the services he is offering through www.toureate.com. It is forbidden to upload false or loss-leader products. 

The offered products and their execution may never violate any law or regulation and will never harm the rights or morality of third parties. It is forbidden to upload any product with sexist, racist or extremist content. Products that violate the moral, mental or physical integrity of human beings or where animals suffer are not permitted. Toureate do not accept either products that connect legal services in an illegal way or where customers are directly or indirectly compelled to purchase other products or services besides the booked tour. Toureate reserve the right to delete this kind of products at any time without notice. Toureate, the customer and/or third parties have the right to claim for damages or any other concept.

The supplier will upload the product information in the Supplier Administration System. The supplier must upload up to date information. Toureate have the right to delete immediately altered, cancelled and no valid products.

If the supplier’s country of residence has requirements for the publication or products on the Internet, the supplier himself is responsible for the fulfilment of these requirements. The supplier will notify Toureate what these requirements are.

The description of the product must contain that the supplier offers products and services under his own responsibility and name. The products must be offered under the general used brand name. If the brand name is different compared to entries in general registries the supplier also has to name his brand name.

There must not be the impression directly or indirectly that Toureate is the supplier of the products or services or that Toureate has checked out the quality of those products and services offered, or that Toureate emphasize their quality. The descriptions of the products must be completed accurately and truthfully and need to be adjusted instantaneously in case of any change. The supplier is solely responsible for correct product descriptions and prices.

The supplier owns the content and information that uploads on Toureate. Thus, the supplier is alone responsible to make sure that all uploaded content does not violate intellectual property rights of a third party or is in any way inappropriate, illegal or harming for Toureate or third parties. The supplier agrees to delete any content that violates those rights.

In addition, for content that is covered by intellectual property rights, like photos and videos ("IP content"), the supplier specifically gives Toureate the following permission: The supplier grants GetYourGuide a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that he uploads on GetYourGuide ("IP License"). This IP License ends when the supplier deletes his IP content or user account. However, the supplier understands that removed content may persist on backup copies for a reasonable period of time (but will not be available to others).

Products prices must include all dues, taxes, fees… It is not allowed to ask the customer to pay extra salaries, taxes, commissions or other expenses for the execution of the service.

Every cancellation must be conducted by Toureate booking portal.

If the supplier does not state a different cancellation policy, Toureate’s cancellation policy applies as it follows: The customer has the right to cancel for free any booking up to 4 workdays before the booked tour date. There will not be any payment to the supplier. If the customer cancels the booked service between 3 and 0 days before the tour date or if he does not attend the tour, he is obliged to pay the full tour price which will be transferred to the supplier except Toureate’s commission. Statutory cancelation posibilites are exempt from these regulations.

The supplier may cancel the contract only if unforeseeable or unavoidable external circumstances make impossible, impede in a significant way or compromise the development of the service. The supplier is obliged to inform the customers as soon as possible through Toureate booking portal. In this case, the customer will have his money back.

Tourate require a commission for handling the booking process.

This commission will be drawn from the amount paid to Toureate by a customer upon the booking of certain product. If no payment is credited to Toureate, there will be no commission credited to Toureate.

The commission for Toureate will be Villeda monthly at the rates paid by the customers. Any taxes or other expenses that are to be paid by the supplier will not be compensated separately. Banking fees and other transaction cost are at the expense of the supplier.

Banking and credit card fees for customer payments are born by Toureate.

Banking and credit card fees for payment to the suppliers are born as it follows:

Toureate bears the cost for its own bank/credit card organization.

The supplier bears the cost for his own bank/credit card organization.

If the customer cancels the payment with credit card before the use of the booked service or the payment is not fulfilled for any other reason, Toureate will inform the supplier immediately.

If the credit card payment is revoked after the booked service is already done, Toureate will inform the supplier. Toureate will inform the supplier about the reasons for withdrawal according to the particulars of the credit card organization and will ask him for comments about the matter within 5 working days. Toureate will forward this statement to the credit card organization.

Toureate are not obliged to take legal measures of any kind against a customer who doesn’t pay for certain services or cancelation, or whoever revokes a credit card payment. Toureate will convey these claims to the supplier if possible.

Toureate will notify the supplier about the payments via e-mail. Toureate creates a remittance advice for the supplier on the 5th of each month taking into account all bookings carried out during the previous month. The payment will be wired to the supplier’s bank account and the provider will have to notify by e-mail at the e-mail address indicated for accounting purposes in the account information. Toureate process all the payments on the 5th of each month barring exceptional circumstances. Toureate will transfer to the supplier between the 15th and 20th the payment for all the bookings carried out the previous month.

Toureate bear usual transaction fees.The amount transferred by Toureate to the supplier reflects the sum of the net prices of all considered bookings. Toureate bear the usual transaction fees. However, some banks add fees for receiving international payments. These fees are at the supplier’s expense.

The supplier is the only responsible for the correct accounting to the authorities.

If Toureate are for any reason subject to taxes or expenses in the country of the supplier in relation to his products or services, Toureate may terminate the cooperation with the supplier within 3 days. Such taxes or expenses may be deducted from the payments granted to the supplier.

The supplier is a contracting party with the customer and thus responsible for the correct development of the service according to the applicable law. The supplier will solve directly any problem with his customer whenever possible.

The supplier is obliged by this Cooperation Agreement and the applicable law. In case Toureate are prosecuted because of a supplier’s product, the supplier will help Toureate to defend any claims and sets Tourate free of any demands. The supplier sets Toureate free of any claims, damages or cost (including punitive damages, compensations or other claims) etc., arising from his or his co-workers actions or omissions and will support Toureate in defending any related claims. In particular but not exclusively with regard to claims of all sort from customers and participants, their relatives, claims of third parties due to violation of their rights, individual rights, intellectual property rights, unfair competition, copyright etc. The supplier shall be liable for legal defence costs such as legal, judicial, experts’ fees, etc.

Toureate are not liable in any way for damages that customers cause to the supplier, other customers or third parties. The supplier will solve these matters directly with the customer.

Toureate are liable according to the applicable law with regard of the supplier. The liability for auxiliary persons is excluded. The liability for personal actions is only given in the case of intent or gross negligence on the part of Toureate. The liability for slight negligence is excluded. This provision also applies to non-contractual liability.

The liability for computer viruses, spyware programs and other damages caused by computer programs is excluded.

Toureate are not a legal party in the contract between the supplier and the customer. Toureate are not liable in any way for the conduct of any contracting party or third parties.

The contract is concluded for an indefinite period. It can be always resolved at any time. If the supplier wants to resolve the contract, he must inform Toureate 15 days before the termination date. Remaining confirmed bookings must be executed as planned.

Toureate may terminate the contract and delete the supplier account without reason if certain circumstances prohibit further collaboration: false information in the supplier account, false promises to Toureate or the customer, failing execution of service offers without reason, disobeyance of legal provisions and/or safety standards.

The supplier will not provide the customer information about his own external website neither in the product description nor by a private message or in the forum. The supplier will not provide information to get in touch with the customer outside Toureate booking platform. All communication between the supplier and the customer must be developed through Toureate. If the supplier concludes a contract with the customer outside our booking platform, Toureate will receive its commission as if the contract had been concluded through the booking platform. Toureate has the right to claim for compensation as consequence of this violation. In those cases, the supplier owes Toureate a minimum compensation of 100 euros.

Toureate offers the customer the opportunity to express his opinion about a tour once it is done. These reviews allow potential customers and any other visitors of the booking platform to have a proper idea as accurate as possible about the services offered.

Customers must be honest in their comments. Toureate reserve the right to delete false, offensive or/and inappropriate comments of any kind. The supplier won’t be able to delete those comments but he can contact Toureate and inform of any abuse noticed.

Toureate provide suppliers, customers and visitors with a booking platform in the given released version. Access to Toureate may be restricted, limited or be impossible temporarily by maintenance or any other work. Toureate are not liable for the consequences that this temporary limited or impossible access has for the transactions through the booking platform. Toureate has no liability for data loss. The supplier is responsible for the backup.

The supplier has to enter his data in the Supplier Account. Data is treated confidentially. This information will be only shared with third parties when necessary for the correct execution of the contract between the customer and the supplier. Toureate reserve the right to share certain information with the authorities if required by legal provisions. Toureate reserve the right to open accounts to authorities or third parties in case of claims, demands...

The supplier is required to treat confidentially the customers’ information and to protect customers' privacy. Customers’ information cannot be shared by the supplier with third parties or made available for marketing or advertisement purposes.

Toureate track products statistical data to improve the functionalities of the booking platform. This information allows an inference of the web behaviour and use of the supplier.

The supplier has no right to access data of customers, visitors... stored on Toureate servers.

The Communications between Toureate and the supplier will take place through Toureate booking portal. For that purpose there is a section in the Suppliers Account. The supplier will provide accurate contact information.

E-mails must include the name and e-mail address of the sender, as well as communication data (date and time)

The supplier is aware that confidentiality for transmission of unencrypted data over the Internet cannot be guaranteed. The supplier is self-responsible for the content submitted through his account. Toureate exclude any liability for that content.
Toureate treat both the visitors and the customers content as external content and excludes any liability.

If Toureate are notified about or detect contents that violate this cooperation agreement or the General Terms of Business or the General Terms of Use, Toureate has the right to delete such content partially or totally. Toureate reserve the right to block access to the supplier, customer or visitor who originates the abusive content.

The supplier may only upload contents and data for which he owns the corresponding copyrights. This information must not abuse privacy rights of visitors, third parties...and needs to comply with the applicable law or any other legal requirements.

If Tourate are prosecuted because of this content, the supplier will help Toureate to defend any claims and set Toureate free of any demands.

As place of fulfilment, the parties agree Spain.

Toureate reserve the right to change this agreement at any time. Toureate will notify the supplier with a message to his suppliers account about any change in this agreement. The supplier has 14 calendar days to accept or refuse the revised agreement. The supplier will accept it via e-mail. If Toureate do not receive any negative reply within the given period, it will be considered as an acceptance of the modifications. The modified agreement will be valid for all incoming bookings.

The agreement is also accepted if the supplier uploads new products or modify existing products within those 14 given days.

If any provision of this agreement is invalid or becomes invalid, the rest of the agreement is still valid. Toureate will change the obsolete provision.

Concerning times and deadlines, the time zone of the supplier is the authoritative.

This Cooperation Agreement and any other legal relations are subject exclusively to the Spanish applicable law and the Terms of Use and Business of Toureate.