GENERAL TERMS AND CONDITIONS
www.thetouringpandas.com
1. GENERAL INFORMATION
The ownership of www.thetouringpandas.com (hereinafter, Website) is held by: TTP Cultural Experiences SL, with NIF: B01725187, (hereinafter, The Touring Pandas) and whose contact details are:
Address: Carrer de Sardenya 311, Local 3. 08025 Barcelona, Spain
Contact email: info@thetouringpandas.com
This text regulates the conditions governing the use of this Website and the purchase of products or services therein (hereinafter, the Conditions). For the purposes of these Conditions it is understood that the activity that The Touring Pandas develops through the Website includes:
Guided Tours
In addition to reading these Conditions, before accessing, browsing or using this website, Users must have read the cookie policy, the privacy policy and data protection notice of The Touring Pandas. By using this Website or when acquiring a product or service through it, Users consent to be bound by these Conditions and by all the aforementioned.
Likewise, these Conditions could be modified. Users are responsible for consulting them each time they access, browse or use the Website since those that are in force at the time of purchase will be applicable.
For all questions that Users may have in relation to the Conditions, they can contact The Touring Pandas using the contact information provided above.
2. THE USERS
The access, navigation and use of the Website, confers the condition of User (hereinafter referred to, indistinctly, individually as a User or jointly as Users). All the conditions set herein are accepted when the navigation of the Website begins, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations.
Users assume responsibility for the correct use of the Website. This responsibility will extend to:
• Make use of this Website only for legally valid inquiries and purchases or reservations.
• Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be canceled and the relevant authorities informed.
• Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).
Users declare to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
In case of discrepancies, the English version of these Conditions prevail over other languages available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Users can buy on the Website by the established means and ways. They must follow the online purchase procedure of www.thetouringpandas.com, during which several products or services can be selected and added to the cart, basket or final purchase space and finally click on “Confirm order”.
User may be redirected to a Third Party environment, specifically Fareharbor, to formalize the bookings on a secure payment environment.
User must fill in and / or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, Users will receive an email confirming that The Touring Pandas has received their order or request to purchase the service, that is, the order confirmation. And, where appropriate, they will also be informed by email of any important information regarding their booking, such as updates in their schedules or itineraries.
Once the purchase procedure has been completed, Users consent that the Website generates an electronic invoice that will be sent through email. Likewise, Users may obtain a copy of their paper invoice, requesting it from The Touring Pandas using the contact spaces on the Website or through the contact details provided above.
Users acknowledge being aware, at the time of purchase, of certain particular conditions of sale that concern the product or service in question and that are displayed next to the presentation on its page of the Website, indicating, by way of example, but not exhaustive: name, price, components, details of the services, or cancellation policy; and recognize that the realization of the purchase materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments that intervene during the transactions made on the Website could be archived and kept in the computerized records of The Touring Pandas in order to constitute a means of proof of the transactions, in any case, respecting the Reasonable security conditions and the laws and regulations in force that apply in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, concerning the protection of persons physical with regard to the processing of personal data and the free movement of this data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights they attend to Users in accordance with the privacy policy of this Website.
4. PRICES AND PAYMENT
The prices displayed on the Website are in Euros (€) and include taxes. Nonetheless, a reservation fee may be added by our booking system provider, Fareharbor. The booking fee will be displayed in the order summary before confirming payment.
Prices may change at any time, but possible changes will not affect orders or purchases that Users have completed before the change.
5. TECHNICAL MEANS TO CORRECT ERRORS
Users are informed that in case they detect that an error has occurred when entering data necessary to process his purchase request on the Website, they may modify them by contacting The Touring Pandas through the means of Contact enabled on the Website.
In any case, Users, before confirming their purchase, have access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
6. REFUNDS
In the cases in which Users acquired products on or through the Website, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
Users have the right to withdraw from their purchase within a specific period before the start of the purchased activity. In general, this policy extends up to 48 hours before the start of the activity, but each activity states the applicable policy. Some activities, due to complex operational realities were services provided by third parties are involved, may have a more strict cancellation policy. The specific policy will be displayed during the purchase product for each specific activities and Users agree to be bound to the specific policies of each activity.
To exercise this right of withdrawal, Users will be provided with a cancellation button in their booking confirmation. Users may also contact The Touring Pandas to request assistance to cancel a booking.
Users, regardless of the means they chooses to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract (cancel the booking).
To meet the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding deadline expires.
In case of withdrawal, The Touring Pandas will reimburse the User for all payments received, without undue delay and, in any case, no later than 14 calendar days from the date on which The Touring Pandas is informed of the decision to withdraw by the User.
The Touring Pandas will reimburse Users using the same payment method that they used to make the initial purchase transaction. This refund will not generate any additional cost to the Users.
In no case Users will be able to exercise the right of withdrawal when the service or activity has been fully executed, or when it has begunl. In the case of guided cultural visits, and given the guaranteed condition of the reservations, the User waives the right of withdrawal if it has not been claimed within 48 hours before the contracted service.
7. EXEMPTION OF LIABILITY
Unless otherwise provided by law, The Touring Pandas will not accept any responsibility for the following losses, regardless of their origin:
• any losses that were not attributable to any breach by The Touring Pandas;
• business losses (including lost profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred); or of
• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products between both parties was formalized
Likewise, The Touring Pandas also limits its liability in the following cases:
• The Touring Pandas applies all measures concerning providing a faithful visualization of the product on the Website, however it is not responsible for the minimum differences or inaccuracies that may exist that don’t cause a reasonable disruption of the contracted service.
• Technical failures that, due to fortuitous or other causes, prevent normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the service. The Touring Pandas puts all the means at its disposal in order to carry out the process of purchase, payment and execution of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
• In general, The Touring Pandas will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force major, and this may include, but not limited to:
o Strikes, lockouts or other claims.
o Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
o Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
o Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
o Impossibility of using public or private telecommunications systems.
o Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and The Touring Pandas will have an extension in the period to fulfill them for a period of time equal to the duration of the cause of force majeure. The Touring Pandas will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure.
8. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with The Touring Pandas are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and recognizes that any contract, notification, information and other communications that The Touring Pandas send electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with The Touring Pandas through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, The Touring Pandas may contact and / or notify the User by email or at the postal address provided.
9. DISCLAIMER
No waiver of The Touring Pandas to a specific legal right or action or lack of requirement by The Touring Pandas for strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or Conditions, nor will it exonerate the User from fulfilling their obligations.
No waiver of The Touring Pandas to any of these Conditions or to the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and formalized and communicated to the User in writing.
10. NULLITY
If any of these Conditions were declared null and void by a final resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
11. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and The Touring Pandas in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by The same parts.
The User and The Touring Pandas acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
12. DATA PROTECTION
The information or personal data that the User provides to The Touring Pandas in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.
13. APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and / or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between The Touring Pandas and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
14. COMPLAINTS AND CLAIMS
The User can send to The Touring Pandas his complaints, claims or any other comment that he wishes to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, The Touring Pandas has official complaint forms available to consumers and users, and they can request The Touring Pandas at any time, using the contact details provided at the beginning of these Conditions (General Information).
Likewise, if a dispute between the Touring Pandas and the User emanates a dispute, the User as a consumer may request an out-of-court dispute settlement, in accordance with Regulation (EU) 524/2013 of the European Parliament and the Council, of May 21, 2013, on the resolution of online litigation in matters of consumption and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.
Last modified: September 12, 2023