1.1. FOODLOVER offers you the services advertised on our website in accordance with that set forth in the following General Terms and Conditions of Sale (hereinafter referred to as the “General Terms and Conditions”). Hence, due to the mere fact of booking any of the services offered on our website you are understood to unreservedly accept the obligations set forth in these General Terms and Conditions.
1.2. By following all of the steps involved in contracting the services and placing the purchase order you express your full and unreserved acceptance of each and every one of the General Terms and Conditions we have published at the specific time you access the website. As a result, you must carefully read the General Terms and Conditions every time you are about to request any of the services we offer on this website.
1.3. Acquisition of the services is also subject to our website’s General Terms and Conditions of Use, which are complementary, with regard to aspects not dealt with in these General Terms and Conditions and in every sense in which they are not contrary thereto.
2. CONTRACTING SERVICES.
2.1. FOODLOVER offers a set of organised tours for people and groups in several cities in the world, as stated in the “About Food Lover Tour” section of our website, which you can contract through an on-line booking mechanism available in our website.
2.3. You are responsible for the use you make of the services so you hold FOODLOVER harmless in relation to liability that arises from any damage that could be caused by any correct or incorrect use of the contracted service. Our services are only for personal use, not commercial use. Therefore, resale of the contracted services for any commercial or competing business is not permitted.
3. ENTRY INTO FORCE.
3.1. These general terms and conditions will enter into force from the time you access this website, make your booking and give your consent to contracting the service in question. You then accept and completely adhere to all of the general terms and conditions included herein.
3.2. Pursuant to article 27.4 of the Information Society Services and E-commerce Act 34/2002 (Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico), the general terms and conditions to which the contracting of the services is subject are made available to you prior to the possible contracting of them.
4.1. Any booking made in your name or on your behalf will be considered as having been made by you yourself.
4.2. The mere fact of making a booking does not imply that we automatically accept it. Instead, it will be considered to be a confirmed booking when FOODLOVER sends you acknowledgement of receipt of the booking through our booking system software. Bear in mind that the booking is always subject to availability as it may be that on the same day as the tour an event or occasion takes place in the tour’s area, or any other unforeseeable event, act of God or force majeure takes place, which prevents or makes it inadvisable to carry out the tour, in which case FOODLOVER will be entitled to cancel the booking up until the very time the tour is to take place.
4.3. FOODLOVER reserves the right to cancel bookings made by people with whom there is a dispute regarding payment of a prior order or who are suspected of some kind of irregularity.
5. PRICE AND PAYMENT TERMS.
5.1. The price of the services will be clearly set on the page on which it is shown and the price published at the time the booking is made will apply.
5.2. The price of the services may be paid at the moment of the booking by credit card.
6. DATA PROTECTION.
6.1. FOODLOVER hereby informs you, pursuant to article 5 of Organic Law 15/1999 on the Protection of Personal Data (Ley Orgánica 15/1999, de Protección de Datos de Carácter Personal, hereinafter referred to as the LOPD), of its personal data protection policy so that you may expressly, freely and voluntarily decide whether you wish to provide the personal data we request from you on the booking form on our website.
6.2. We also inform you that the data you provide will be included in files owned and controlled by FOODLOVER, which will carry out computer processing in order to handle your request (which necessarily includes passing your details on to the partner with whom you contract the service we offer as intermediaries).
6.3. We may also send you information about FOODLOVER activities that may be of interest to you. By sending your data you are understood to expressly authorise FOODLOVER to process your data for the above purposes, which includes commercial communications sent by e-mail.
6.4. Unless otherwise stated, it is considered necessary to fill in all of the required data in the forms. If not all of the data considered necessary are provided then, depending on the case, FOODLOVER may not process the request made.
6.5. You must fill in the forms with true, exact, complete and up-to-date details and will be held liable for the damages that you cause by improperly filling in the forms with data that are false, inexact, incomplete or not up to date.
6.6. FOODLOVER has adopted the security levels for the protection of personal data required by the data protection legislation in force, putting the necessary technical and organisational measures in place to prevent loss, misuse, alteration, unauthorised access and other possible risks.
6.7. FOODLOVER likewise undertakes to meet its obligation to keep personal data secret and its obligation to hold them and will take all necessary measures to prevent their alteration, loss, processing or unauthorised access to them subject to the state of the art at any time.
6.8. You may exercise the right of access, rectification, erasure and, as the case may be, objection in accordance with that set forth in the LOPD and other applicable legal rules, by writing to FOODLOVER at its postal address (Carrer Ausiàs Marc 61-63 entr, 08010 Barcelona) and/or its e-mail address [email protected], proof of the user’s identity must be provided.
6.9. If the company provides any kind of special service in which specific provisions other than these concerning data protection are stipulated, application of the specific rules for that service in particular will prevail over these in the event of any contradiction between them.
6.10. FOODLOVER reserves the right to modify this policy after previously informing users of the changes made thereto.
7. RELATIONSHIP WITH OTHER CONTRACTS.
7.1. The relationship between the person making a booking and FOODLOVER is governed by these General Terms and Conditions.
7.2. Notwithstanding the foregoing, any other General Terms and Conditions specific to the service contracted at the time the tour is performed may be attached or submitted for the User’s approval. In that case the aforementioned General Terms and Conditions specific to the FOODLOVER partner will prevail over FOODLOVER’ General Terms and Conditions, and these General Terms and Conditions will only apply in a supplementary manner and only to the extent that they do not contradict them.
7.3. Some of these conditions are as follows:
7.3.1. Before taking part in a tour:
Make sure the customer’s contact details stated in the booking are correct.
7.3.2. During the tour:
Please arrive in time to the meeting point indicated in the voucher, in order to enjoy a maximum of the tour. Since most of our tours are composed by little groups we usually start on time the tours. In case you have a delay, please contact us at [email protected] or by phone and we will indicate you the direction of the first stop where the group went to.
7.3.3. At the end of the tour:
Food allergies and intolerances
If you suffer of any food allergy or intolerance please let us knows before the tour, through the booking process or directly by email or by phone. We will make sure to adapt our tours to your necessities as possible. We shall have no liability to you if you have failed to notify of an allergy or food intolerance and become ill as a result of eating foods which are allergic or intolerant. Further, and irrespective of any notification provided to us or to any other party involved in the provision of services of any food allergies or intolerances, it remains your decision as to whether or not to consume any particular food items and you consume all food at your own risk. We cannot be held responsible for the food allergies and intolerances of our clients.
7.5. Limitation of Liability.
In any case, FOODLOVER’s liability in any cases of breach of contract attributable thereto shall be limited to the price paid for the services the claim concerns.
8.1. When making the booking you accept the following cancellation and no-show conditions:
You may cancel your reservation up to 48 hours before the booked tour date and receive the full amount paid back. Otherwise the amount paid online will be considered like not refundable. NO SHOW the day of the tour will also be considered not refundable.
8.2. In the event of bad weather or other cases of force majeure or act of God another day / time will be arranged. If no alternative is possible it will be cancelled without any penalty for any of the parties.
9. APPLICABLE LAW AND JURISDICTION
The construction and enforcement of these general terms and conditions of sale shall be governed by Spanish law. The courts of the city of Barcelona are the only competent courts to hear any dispute of any nature or problem arising from the formalisation, enforcement or construction of any contract of sale entered into by FOODLOVER and a customer, provided it is not considered a consumer, as defined in the law currently in force concerning the defence of consumers and users.
The User states that he/she has read, is aware of and accepts these conditions in their entirety.
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