1. TERMS AND CONDITION OF CONTRACTING THE TOUR
These terms and conditions of contracting of the tour govern the acquisition by way of the website www.mycreativetours.com of the tours offered by the service provider to third party natural and / or legal persons. In the contracting of the tour by the customer My Creative Tours s.l.u. is a mere intermediary between the customer and the service provider.
The identification details of My Creative Tours s.l.u. are those given below.
My Creative Tours s.l.u., limited company, entered in Tomo 39628, Folio 1, Hoja B 348679, Inscription 1 of the Commercial Register for Barcelona, with Tax Identification Number B64560006, with offices at Paseo Pujades nº29 SA 2º, 08018 Barcelona Spain,
FOR ALL COMMUNICATION PLEASE USE:
Calle Valencia, nº333, 1º - 08009 - Barcelona - Spain
The following definitions apply to these terms and conditions.
“Guide”. Natural or legal person offering by way of the website www.mycreativetours.com information, accompaniment, guidance and / or assistance services in matters of culture, monuments, art, history, geography, entertainment, social reality, and, in general, any service the purpose of which is to bring specific aspects of a social reality or particular place to the attention of third party natural or legal persons wishing to acquire such services.
“Tour or experience”. Activity organised, directed and carried out by the SP, on his exclusive responsibility with the purpose of offering to third parties information, accompaniment, orientation and / or assistance in matters of culture, monuments, art, history, geography, entertainment, social reality, and, in general, any specific aspect of a social reality or particular place, in exchange for consideration.
My Creative Tours s.l.u. operates merely as an intermediary between the customer and the SP by way of its website www.mycreativetours.com, i.e. it does not participate in the offers of services made by the SP, only making possible the acquisition of tours by natural and / or legal persons.
As a customer you declare you are a person legally of age in the country in which you reside and will carry out the tour and that you have sufficient legal capacity to bind yourself to these contractual terms on contracting with the SP, and in any event declare you are a minimum of 18. Notwithstanding the above you accept expressly and without exceptions that access to and use of the website takes place on your sole and exclusive responsibility.
The customer shall provide truthful and clear information on himself both to My Creative Tours s.l.u. and the SP.
The SP advertised in mycreativetours.com are not My Creative Tours s.l.u. employees. My Creative Tours s.l.u. does not provide tour services, but limit our service to facilitate information and reservations between SP and the users. You are therefore making an agreement with the SP and not with mycreativetours.com.
We strongly recommend you to contract a travel insurance.
3. BOOKING PROCESS AND CONDITIONS
About the SP
Whilst My Creative Tours slu does all what is in its power to ensure the accuracy of information provided by the SP, it is the SP who is responsible for the veracity of the same.
My Creative Tours s.l.u. brings to the customer’s attention that in the conditions accepted by the SP to advertise his products in www.mycreativetours.com the latter has declared the following.
Checking SP’s Terms and Conditions
It is your responsibility to check if the SP has specific terms and conditions such as, asking for a percentage of the balance in advance, the need to bring special equipment or any other physical and mental requirements.
Ratings & Comments
Cancellation / Changes of tours
Client “no show”
Should one or more travelers not arrive on the day, time and place agreed, SP shall be obliged to continue the tour with the other travelers who have reserved the service.
SP “no show”
In the unlikely event of the SP not attending to provide his/her services you are reminded that My Creative Tours slu is a provider of information and not of the tour service and therefore can not be held liable.
However said SP’s data will be updated to include a warning with regards to the reliability or not of his/her services.
4. LIABILITY AND COMPENSATION CHARGEABLE TO THE CUSTOMER
5. CODE OF CONDUCT
6. GENERAL REPRESENTATIONS AND WARRANTIES
My Creative Tours s.l.u. represents and warrants that the website www.mycreativetours has the technology (software and hardware) necessary at present for accessing and using the same. However My Creative Tours s.l.u. does not guarantee against the possible existence of viruses or other harmful elements, introduced by any means or by any third party, which might cause alterations in the computer systems of the SP, users of the website, customers, etc.
The customer / user accepts that the website www.mycreativetours.com has been created and developed in good faith by My Creative Tours s.l.u. with information from internal and external sources offered in its present state, and that it may contain inaccuracies or errors. For this reason the customer / user releases My Creative Tours s.l.u. from any liability in relation to the reliability, usefulness or any false expectations the website www.mycreativetours.com might cause him while browsing the same.
For his part the customer / user warrants that his conduct will be in accordance with the law, morality, public order, good customs and will in no event be offensive to other users of the website, to third parties or to the good name and commercial image of My Creative Tours s.l.u. or companies in its group. For his part the customer / user undertakes not to obstruct the proper functioning of the website for other customers / users by limiting the functioning of the website or using any other technical element capable of damage, and not to transmit to the website or by way of the same any element capable of containing a computer virus or other element capable of totally or partially damaging, intercepting or interfering with the website.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS OF MY CREATIVE TOURS SL
All of the content of the website (including, but not limited to, databases, images, drawings, graphics, text files, audio, video and software) are the property of mycreativetours.com, except that provided by the SP, and is protected by national and international rules of intellectual and industrial property. The compilation (in the sense of collection, design, ordering and assembly) of all of the content of the website is the exclusive property of My Creative Tours s.l.u. and is protected by national and international rules of industrial and intellectual property.
All of the software utilised in the use and development of the website is the property of My Creative Tours s.l.u. and is protected by national and international rules of intellectual and industrial property.
The trademarks, name plates, distinctive signs and logos which appear in the website are held by My Creative Tours s.l.u. and are duly registered or in the course of being registered. The names of any other products, services and companies which appear in the website may be registered trademarks of their respective legitimate owners. All texts, drawings, graphics, videos or audio files except those posted by the SP are the property of My Creative Tours s.l.u. and may not be the object of subsequent modification, copying, alteration, reproduction, adaptation or translation by third parties without the express authorisation of the owners of the said content.
8. PRIVACY AND PERSONAL DATA PROTECTION POLICY OF MY CREATIVE TOURS SL
The protection of your personal data is a prime concern of mycreativetours.com.
My Creative Tours s.l.u. will not use or keep your credit card details. Your card details are processed by ClickandBuy or Paypal, depending on the payment method you chose.
Moreover, in order to provide you with secure data transaction we use the VeriSign approval stamp and encryption technology. All sensitive information between you and mycreatours.com will be transferred using SSL VeriSign code encryption.
For the purposes of preserving and guaranteeing your privacy at all times, and in strict compliance with the Law 15/1999, 13 December, on Protection of Personal Data (“FLPD”) My Creative Tours s.l.u. informs you that, by completing the subscription form and accepting it by clicking on the “Accept” button, your personal data will be incorporated to and processed in the files of mycreativetours.com, which, for the appropriate legal purposes, identifies itself as in charge of the said files, and that the personal data of third parties you refer to and who will accompany you on the tour will also be incorporated .
The customer / user must complete the subscription form in full. Otherwise My Creative Tours s.l.u. will not be able to clear the contracting of the tour by way of the website. The customer / user declares that all of the information he supplies for access to this portal and in the course of using the same is true, complete and accurate and undertakes to keep it updated.
My Creative Tours s.l.u. informs you that the gathering of your personal data and of the persons you have referred to is for the following purposes: (i) that of offering its services; (ii) commercial purposes and the advertising of services, in particular of tours offered by third parties; (iii) commercial and advertising purposes for services of mycreativetours.com, in respect of products, services, offers, promotions and any other advertising activities; (iii) surveys, statistics and market trend analysis for improvement; and (iv) preparation of service offeror profiles in order to personalise and improve our services.
You may exercise your rights of access, rectification, cancellation and opposition in relation to your personal data, on the terms laid down in the FLPD, the person in charge of processing the data in the files being mycreativetours.com, offices at Paseo Pujades nº29 SA 2º, 08018 Barcelona Spain, FOR ALL COMMUNICATION PLEASE USE: Calle Valencia, nº333, 1º - 08009 - Barcelona - Spain.
In compliance with the provisions of the FLPD the customer / user expressly authorises My Creative Tours s.l.u. to pass his personal data and that of the persons who will be on the tour necessary for the organisation and making of the tour to those legal or natural persons who offer their services by way of www.mycreativetours.com. The customer / user also gives his express consent to My Creative Tours s.l.u. passing his data and that of the other persons to whom he has referred, on the terms and conditions referred to above, to any country of the world even if it does not offer a level of protection comparable to that of the FLPD. This authorisation is revocable at any time without retrospective effect.
The customer / user also expressly authorises My Creative Tours s.l.u. to send him e-mails with informational advertising on its own services relating to the services it offers by way of the website www.mycreativetours.com or the services of third parties relating to tours.
9. NULLITY AND NON-EFFECT OF TERMS
If any of these terms were to be declared totally or partially void or of no effect, such nullity or non-effect shall only affect the said provision or part of the same which is void or of no effect, all other terms remaining in force, the affected provision or part of the same being deemed excluded unless, being essential to these terms, it affects all of them in an integral manner.
10. APPLICABLE LAW AND JURISDICTION
These terms shall be interpreted and governed in accordance with Spanish law. For any dispute deriving from the existence, access, use or content of the terms both the SP and mycreativetours.com, with express waiver of any other forum which might correspond to them, submit to the exclusive jurisdiction of the courts and tribunals of Barcelona.
11. AMENDMENT OF THE TERMS AND CONDITIONS