Privacy Policy
Privacy statement
Riudevi, S.L. under the commercial name of TRAVEL PRIORAT (hereinafter only referred to as “Travel Priorat” or ”we”) takes the protection of your personal data as the Data Controller very seriously. We treat your personal data confidentially and in accordance with the provisions of data protection law. This privacy statement informs you about how, to what extent and for what purposes we process the personal data of customers using the Travel Priorat website.
I. SUBJECT OF DATA PROTECTION
Subject of data protection is personal data. Data is personal if it can be assigned to an identified or identifiable natural person. This includes information such as names, addresses, email addresses and telephone numbers.
II. COLLECTION, PROCESSING AND USE OF PERSONAL DATA ON REQUEST
The use of our website is generally possible without providing personal data. You are neither obliged to visit this website nor to provide any personal data. If you do not provide us with personal data, you might not be able to use individual functionalities of this website. Otherwise there will be no consequences for you. The collection of users’ personal data on our site is always on a voluntary basis, except in the cases described in the following. We would like to point out that data transmission over the Internet (e.g. communication by email) can have security gaps. A complete protection of data against access by third parties is not possible.
We collect, process and use your personal data, which you have provided us with when booking or registering an account for our member area, to the extent necessary in each case for the following purposes:
1. Registration and execution of the contract
» Data that you provide when setting up an account, such as your name, email address, telephone number, mobile phone number, address and data which will be provided depending on the service you use
» We collect, process and use transaction data regarding your activities on the websites (e.g. purchases, content that you generate or that relates to your account)
» Billing and other data you provide for the purchase
» Data collected in the context of reviews, chats and correspondence on the website or by email, fax and post
» Other personal data that we may ask you to provide for special purposes
» If you voluntarily provide us with additional personal data during registration, this data will also be used for the implementation of the usage relationship.
2. Contact establishment
If you provide us with personal data for the purpose of contacting us, this data will be used by us as this is necessary for the purpose of the respective communication.
3. Marketing and Opinion Research
3.1 Travel Priorat may process and use your personal data for marketing and opinion research purposes, e.g. to send emails with general information or of an advertising nature (newsletter), on the basis of the declaration of consent you have given us. You can revoke the declarations of consent granted to us in this regard at any time with effect for the future.
3.2 In addition to that, if you are already our customer, we may send emails of an advertising nature regarding products similar to the ones you already booked, on the basis of Travel Priorat’s legitimate interest. You can opt-out of receiving these emails at the moment of booking or at any time after that.
3.3 If you wish to revoke your declaration of consent to receiving e-mails from us (3.1) or wish to opt-out (3.2), please follow the instructions contained in an applicable email you receive from us in order to revoke your consent or opt-out. In that case, you will no longer receive these types of email communications from us (after a short period in which your revocation or opt-out is technically processed). In addition, you can object to the use of your personal data for marketing purposes based on legitimate interests, e.g. in case of marketing e-mails to existing customers (3.2) or in case of postal marketing measures. In both cases, an email to the following address is sufficient: info@travelpriorat.com
Exercising your right to revoke consent, to opt-out or to object against the use of your data for marketing purposes is free of charge.
4. Information you provide to Payment Processors
All payments made are processed by a PCI/DSS-compliant (these are payment card industry security standards) payment processing service engaged by us. All information collected by these third-party providers for purposes of processing your payments is not available to us unless you have otherwise provided this in-formation to us in connection with your use of the Websites or our products and services.
5. Aggregate Information
We may share your information with affiliated or unaffiliated third parties on an anonymous, aggregate basis. While this information will not identify you personally, in some instances these third parties may be able to combine this aggregate information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally.
III. DATA PROCESSING TO ENABLE THE USE OF THE WEBSITE
When you visit our website, we collect the necessary data to enable you to use it (usage data). This includes your IP address and data about the start, end and subject of your use of the website as well as any identification data (e.g. your login data when you log into a secure area). This data is used to provide and design the service according to users’ preference. This data is always deleted as soon as it is no longer required and if there are no storage obligations. For information on the processing of pseudonymous usage profiles, see item VII.
IV. DATA PROCESSING FOR MOBILE APPLICATIONS AND DEVICES
When you download data, use our mobile applications or access one of our websites optimized for mobile devices, we may collect information about you and your mobile device as described above in this statement. This can include location data, for example, if you release it for our mobile application. We use this information to provide you with location-based services such as search results and other personalized content, if approved by you and your device. You can control or deactivate location services from the settings menu on most mobile devices. If you have questions about deactivating location services on your device, we recommend that you contact your mobile service provider or the manufacturer of your device.
If we collect other personal data that is transferred as a result of your use of our mobile applications or your access to our website with a mobile device, we will obtain your express consent in advance.
V. DATA COLLECTED FROM OTHER SOURCES
We may obtain additional information about you from third parties to supplement our account information to the extent permitted by law. This includes demographic and navigation data, credit check data and other information from credit agencies, to the extent permitted by law.
VI. COOKIES
When you visit our website, information may be stored on your computer in the form of a cookie.
This Section describes the cookies we use and explains why we use cookies and how we deal with the collected information. It also explains how cookies enable our website and App to function properly and why you may not be able to experience the full functionality of the website if you disable the use of cookies. By visiting our website without changing your settings, you agree to receive all cookies and other data collection tools; however, if you do not accept the use of these cookies, you can change your cookie settings at any time. All the companies or networks that we work with have their own privacy policies and offer a mechanism for users to opt out tracking and behavioral targeting available through the ad itself or through the opt out mechanisms listed in the ‘How to control or delete cookies’ section.
1. What are Cookies?
Cookies are text files containing small amounts of information which are downloaded to your computer or mobile device when you visit a certain webpage. Cookies are then sent back to the originating webpage on each subsequent visit, or to another webpage that recognizes that cookie. Cookies are widely used to make our website work, or to work more efficiently, as well as to provide information to the owners of the website.
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. Cookies may tell us, for example, whether you have visited our website before or whether you are a new visitor. They can also help to ensure that adverts you see online are more relevant to you and your interests.
There are two broad categories of cookies:
» first party cookies served directly by us to your computer or mobile device;
» third party cookies, which are served by a third party on our behalf. We may use third party cookies for functionality, perfor-mance/analytics, advertising/tracking and social media purposes.
Cookies can remain on your computer or mobile device for different periods of time. Some cookies are session cookies, meaning that they are stored only temporarily during a browsing session and expire when you close your browser. Other cookies are persistent cookies, meaning that they are saved on your computer or mobile device for a fixed period and are not deleted when browser is closed. They can be used by our website to recognize your computer or mobile device when you open your browser and browse the Internet again.
2. Why do we use Cookies?
We use cookies for a variety of reasons, including to:
» enable, facilitate and streamline the functioning of and your access to our website;
» track traffic flow and patterns of travel in connection with our website;
» understand the total number of visitors to our Website on an ongoing basis and the types of internet browsers (e.g. Firefox, Chrome or Internet Explorer) and operating systems (e.g. Windows or Mac OS) used by our visitors;
» monitor the performance of our website and continually improve it;
» customize and enhance your online experience.
3. What types of Cookies do we use?
The types of cookies used by us and our partners in connection with our website can be classified into one of five categories, namely “cookies necessary for essential Our purposes”, “functionality cookies”, “performance and analytics cookies”, “advertising and tracking cookies”, and “social media cookies’. We have set out some further information about each category, and the purposes of the cookies we and third parties set in the following table.
Cookies necessary for our essential purpose:
These cookies are essential in providing you with our website and all services available through the website. These cookies also support with features, such as access to secure areas. Without these cookies, services you have asked for, such as transactional pages and secure login accounts, would not be possible.
Functionality Cookies:
Functionality cookies record information about choices you have made and allow us to tailor our website to you. These cookies mean that when you continue to use or come back to the website, we can provide you with our services as you have asked for them to be provided. For example, these cookies allow us to:
– Save your location preference if you have set your location on your homepage, and, if applicable, to receive a local weather forecast;
– Remember settings you have applied, such as layout, text size, preferences, and colors;
– Show you when you are logged in;
– Store accessibility options
Performance and Analytics Cookies:
We use performance/analytics cookies to analyze how our website is accessed, used, or is performing to provide you with a better user experience and to maintain, operate and continually improve the website. For example, these cookies allow us to:
– Better understand the visitors of our website in order to improve and insure present and relevant content;
– Test different design ideas for particular pages, such as our homepage;
– Collect information about our website visitors, such as where they are located and what browsers they are using;
– Determine the number of unique users that visit our website;
– Improve our website by measuring any errors that occur;
– Conduct research and diagnostics to improve product offerings.
We use Google Analytics and many other analytics tools to helps us understand how users engage with the website. These web analytics services use first-party cookies to track user interactions, in our case, this means they are used to collect information about how are visitors are using our website.This information is used to compile reports and create services to help us improve our website and the services associated with it. The reports disclose website trends without identifying individual visitors. Some services will allow you to opt out of tracking with their services directly. For instance, while you cannot opt out of use of cookies with our site, you can opt out of Google Analytics without affecting how you visit our site – for more information on opting by Google Analytics across all websites you use, visit this Google page.
Advertising and Tracking Cookies:
We may allow third party companies, including advertising companies (such as Google), to place cookies on our website. These cookies enable such companies to track your activity across various sites where they display ads and record your activities, so they can show ads that they consider relevant to you as you browse the Internet. These Cookies store information about the content you are browsing together with an identifier linked to your device or IP address.
These Cookies also allow us and third parties to know whether you’ve seen an ad or a type of ad, and how long it has been since you’ve last seen it. This information is used for frequency capping purposes, to help tailor the ads you see, and to measure the effectiveness of ads.
Third Party Cookies:
There are various pages on our website where third parties provide applications of their own cookies to track the success of their services (applications) or customize applications for you. Due to how these cookies work, we cannot access the cookies, nor can the third parties access the data in cookies used by us. Some pages of our website may also contain embedded content and these third-party sites may set their own cookies.
4. How to control or delete Cookies
You have the right to accept or stop cookies from being stored on your device at any time by modifying the settings in your web browser to reflect your cookie preferences.
Please be aware that you may not be able to use all the interactive features of the website and/or online courses and content once cookies are disabled.
Most browsers offer instructions on how to change your cookie settings. These settings will typically be found in the “options” or “preferences” menu of your browser.
If you only want to limit third party advertising cookies, you can turn such cookies off by visiting the following links:
• Your Online Choices (http://www.youronlinechoices.com/uk/)
• Network Advertising Initiative (http://www.networkadvertising.org/)
• Digital Advertising Alliance (http://www.aboutads.info/consumers)
Please bear in mind that there are many more companies listed on these sites than those that drop cookies via our website.
5. Cookies that have been set in the past
If you have disabled one or more Cookies, we may still use information collected from cookies prior to your disabled preference being set, however, we will stop using the disabled cookie to collect any further information.
VII. PSEUDONYMOUS USAGE PROFILES FOR ADVERTISING AND MARKET RESEARCH (WEB TRACKING AND ANALYSIS)
Travel Priorat uses web tracking systems for advertising, market research and to make your use of our website as pleasant as possible. This allows us to further develop our website and tailor content to your needs. Travel Priorat and third-party businesses may use the information collected through the Sites using cookies, web beacons, and other similar technologies to help manage online advertising programs. This information may enable us and our third-party advertising services and other third-party businesses to track the actions of users online over time and across different websites or platforms to measure statistics relating to marketing efforts, and to deliver electronic advertisements that may be more relevant to individual consumers and that will improve the consumer experience.
VIII. LEGAL BASIS FOR DATA PROCESSING
If you reside within the European Economic Area (EEA), our processing of your personal information will be legitimized as follows:
(i.) Whenever we require your consent for the processing of your personal information such processing will be justified pursuant to Article 6(1) lit. (a) of the General Data Protection Regulation (EU) 2016/679 (“GDPR”). This article in the GDPR describes when processing can be done lawfully.
(ii.) If the processing of your personal data is necessary for the performance of a contract between you and Travel Priorat or for taking any pre-contractual steps upon your request, such processing will be based on GDPR Article 6(1) lit. (b).”). If this data is not processed, Travel Priorat will not be able to execute the contract with you.
(iii.) Where the processing is necessary for us to comply with a legal obligation, we will process your information on basis of GDPR Article 6(1) lit. (c), for example complying in the fields of employment law.
(iv.) And where the processing is necessary for the purposes of Travel Priorat’s’ legitimate interests, such processing will be made in accordance with GDPR Article 6(1) lit. (f), for example to detect fraud.
IX. SOCIAL NETWORKS
Our website contains links to social networks (Facebook, Instagram, Twitter, Google+, Pinterest, LinkedIn). These social networks are operated exclusively by third parties. If you follow the links, information may be transmitted to these third parties. We use the so-called 2-click solution. This means, in general, that no personal data will be passed on if you visit our site.
X. TRANSMISSION TO THIRD PARTIES
Your personal data will only be transmitted to third parties if this is legally permitted or if you have given your prior consent. In particular, we will not sell your data to third parties or market it in any other way. We will only disclose your data to government authorities as part of legal obligations or as a result of an official order or court decision. We have bound our employees and partners to secrecy and to comply with data protection regulations.
XI. HOW WE SHARE YOUR PERSONAL DATA WITH THIRD PARTIES
Except as set forth in this Privacy Statement or when specifically agreed to by you, we will not disclose personal information we gather from you to third parties unless we are required to share this information to complete your request or for legitimate business purposes. Travel Priorat shares personal information in the following circumstances:
We may share your information with vendors or third parties who deliver or provide goods and services or otherwise act on behalf of or at the direction of Travel Priorat. These third parties may include, for example, our third-party (technology) providers, Suppliers and partners. These third-party service providers will only have access to the information needed to perform these limited functions on our behalf.
XII. DATA TRANSMISSION TO COUNTRIES OUTSIDE THE EU
As far as this is necessary for the initiation or execution of the contract – e.g. to process bookings for activities in countries outside the EU – we will transmit your data outside the EU. The same applies if such a transmission turns out to be necessary for our purposes. In this respect, we ensure that the data recipient guarantees an appropriate level of data protection and that no other interests worthy of protection conflict with the data transmission. Travel Priorat relies on derogations as set forth in Article 49 of the GDPR in the event no “adequacy” decision and no other safeguards under the GDPR are in place (for example binding corporate rules on the transfer outside the EEA). In particular, we collect and transfers to countries outside the EU personal data only: with your explicit consent; to perform a contract with you; in a manner that does not outweigh your rights and freedoms. If this data is not processed and transferred, Travel Priorat will not be able to execute the contract with you or you will not have access to any or all of the benefits and features associated with your transaction. We endeavour to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with GetYourGuide and the practices described in this Privacy Statement. In the event that you have any questions to this end, please contact our Data Protection Officer.
XIII. DELETION OF DATA
We retain data for the duration of your business relationship with us and otherwise as required under applicable law. Personal data will be kept for no longer than is necessary for the purposes for which your personal data are processed. We will retain your personal data as long as you have a member account or require our services so that we can provide these services to you.
If you are in the European Economic Area, at the moment you withdraw your consent for the processing of your personal data, all your personal data received and stored are erased if no longer needed by us. Unless we are required to retain this personal data by law or to comply with our regulatory obligations. In such a case, we will only keep this personal data for as long as necessary. For more information on where and how long your personal data is stored, and for more information on your rights of erasure and portability, please contact our data privacy resource at info@travelpriorat.com
XIV. DATA SECURITY
Travel Priorat has taken the necessary technical and organisational measures to protect the personal data provided by you against loss, de-struction, manipulation and unauthorized access. Our employees and all persons involved in data processing are obliged to comply with the data protection laws and to treat personal data confidentially. Our employees have been trained accordingly. Both internal and external audits ensure compliance with all data protection processes at Travel Priorat.
We use a secure online transmission procedure, the so-called “Secure Socket Layer” (SSL) transmission, to protect the personal data of our users. You can see this from the fact that an “s” (https://) is added to the address component http://, or a green, closed lock icon is displayed. By clicking on the icon, you will receive information about the SSL certificate used. The display of the icon depends on the browser version used by you. The SSL encryption guarantees that your data is transmitted in an encrypted and complete way.
XV. EUROPEAN UNION DATA SUBJECTS RIGHT
The European Union’s General Data Protection Regulation and other countries’ privacy laws provide certain rights for data subjects. If you wish to confirm that GetYourGuide is processing your personal data, or to have access to the personal data GetYourGuide may have about you, or have other questions, please contact us via info@travelpriorat.com
You may also request information about: the purpose of the processing; the categories of personal data concerned; who else outside Travel Priorat might have received the data from us; what the source of the information was (if you did not provide it directly to Travel Priorat); where the personal data is stored and how long it will be stored. You have a right to correct (rectify) the record of your personal data maintained by us if it is inaccurate. You may request that we erase that data or cease processing it, subject to certain exceptions. You may also ask us for your personal data to be supplemented or updated, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. You may withdraw your consent for the processing of personal data or the further processing of personal data by us at any time. You may also request that Travel Priorat ceases using your data for direct marketing purposes. In many countries (including EEA countries), you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how Travel Priorat processes your personal data. When technically feasible, we will—at your request—provide your personal data to you or transmit it directly to another controller. You have the right to receive your personal information in a structured and standard format.
In addition to the information contained in this Privacy Statement, you may be provided with additional and contextual information concerning particular services or the collection and processing of your personal data upon request.
XVI. NO AUTOMATED INDIVIDUAL DECISION
We do not use your personal data for automated individual decisions.
XVII. HOW CAN YOU CONTACT US?
You will find our contact details as the responsible body in the imprint.
If you wish to exercise your rights mentioned under item XIV or if you have any questions about our privacy policy or this privacy statement, you can contact us at the following address:
Riudevi, S.L.(Travel Priorat)
Ctra. de Bellmunt, km. 1,5
43730 Falset (Tarragona)
Spain
Phone: +34 659 44 99 74
Or by email: info@travelpriorat.com
You can contact our Data protection Officer at: info@travelpriorat.com
XVIII. CHANGES TO THE PRIVACY STATEMENT
From time to time, we may need to update or modify this Privacy State-ment, to reflect changes in our business practices, data collection practices or organization. We reserve the right to amend this Privacy Statement at any time, for any reason, without notice to you, other than the posting of the amended Privacy Statement on our website, or, if you have provided your email address to us, sending you an email notifying you of the amended Privacy Statement. It is strongly recommended to check the Website often, referring to the date of the last modification listed at the top. We will in any case not reduce your rights under this Privacy Statement without your explicit and informed consent. If you do not agree to the changes, you should discontinue your use of the Website, and cease providing personal information to us, prior to the time the modified Privacy Statement takes effect. If you continue using the Website or provide personal information after the modified Privacy Statement takes effect, you will be bound by the modified Privacy Statement.
General Terms and Conditions
These General Terms and Conditions are subdivided into:
I. Travel Priorat Terms of Use
II. General Terms and Conditions of Travel Priorat
III. General Terms and Conditions of the Supplier of tours and other tourist services (referred company)
Within the scope of an intermediary service, Travel Priorat shall provide the visitors and Suppliers of tours or tourist services with this booking Platform.
Furthermore, Travel Priorat also provide this booking Platform to certain cooperating partners (sub-agent/ distribution partner) for the booking of the Supplier’s tourist services. The use of this Platform by sub-agents or distribution partner requires a separate contractual agreement and is not permitted without the prior written authorization of Travel Priorat.
Contracts for tourist services are to be concluded directly between the users of this booking Platform and the Suppliers of tours or other tourist services. If users book services via a linked partner Platform or if a sub-intermediary makes a booking on behalf of a user of a connected partner Platform, a corresponding contract shall be concluded directly between this user and the Supplier. Travel Priorat is not a contract party with regards to the tourist services offered on this booking Platform.
I. Travel Priorat Terms of Use
1. Who operates this website?
This website (including sub-sites and including text, images, videos, software, products, services and other information contained in or presented on the website; all together the “Website“) is provided by Travel Priorat, Ctra de Bellmunt, km.1,5 Falset 43730 Tarragona, Spain. Fiscal Identification Number (N.I.F.) B55672851.You can contact us by email at info@travelpriorat.com or by phone using this number: +34 659 44 99 74
Bookings through the Platform are subject to the General Terms and Conditions of Travel Priorat as well as the General Terms and Conditions of the Supplier of tours and other tourist.
2. Application of these Terms of Use
These terms of use (the “Terms of Use“), together with our privacy policy (the “Privacy Policy“), apply to any use of the Website. Visitors of the Website (“User” or “you“) may use the Website only on condition that they accept the Terms of Use and read and understand the Privacy Policy. Any further use of the Website or any part of it means you have read and understood the Terms of Use and the Privacy Policy, and agree to be bound by all parts of the Terms of Use.
3. No offer
The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with suppliers of activities available on the Website require a booking request through the Travel Priorat Platform and the supplier’s acceptance of the booking request according to the General Terms and Conditions of Travel Priorat
4. No warranty
While Travel Priorat tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). Travel Priorat may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. Travel Priorat may also block Users from accessing the Website or parts of it, or requires certain conditions to be fulfilled for such access. Travel Priorat does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, Travel Priorat does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.
5. Limitation of liability
Travel Priorat excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability regulation.
6. Third party content, links to other websites
Travel Priorat does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. Travel Priorat does not recommend or endorse such content, and will not have any liability relating to it. Where Travel Priorat links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please send an email to info@travelpriorat.com
7. Limited Travel Priorat App license
Travel Priorat hereby grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free, worldwide right to use the Travel Priorat App according to these Terms of Use and provided that you are and will always be in compliance with these Terms of Use. You may (i) only use the Travel Priorat App in object code form and for your personal purposes (if you are a consumer) or for your internal business purposes (if you are a business); (ii) only use such number of copies of the Travel Priorat App and make such number of backup copies of the Travel Priorat App as may be necessary for its lawful use; (iii) not nor permit any third party to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Travel Priorat App in whole or in part; (iv) not rent, lease, sub-license, loan, translate, merge, adapt or modify the Travel Priorat App or any associated documentation; (v) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Travel Priorat App nor attempt to do any such things.
8. Intellectual property rights
As between you and Travel Priorat, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.
9. Amendments to the Terms of Use
Travel Priorat may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. Travel Priorat expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.
10. Applicable law and jurisdiction
The law of Spain shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Tarragona (Spain) provided the user is a tradesperson as per the Spanish Commercial Code or does not have a permanent place of residence in Spain when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.
II.Travel Priorat– User Terms and Conditions for the online offer of Travel Priorat Platform
1. Introduction
1.1 Travel Priorat, Ctra de Bellmunt, km.1,5 Falset 43730 Tarragona, Spain, runs an intermediary Platform for tourist offers in the form of an online offer via the internet and apps (hereinafter jointly referred to as the “Travel Priorat Platform”). On the Travel Priorat Platform users have the chance to find and book tours, activities and experiences all over the world. The online offer comprises guided tours, cooking courses, sightseeing tours by bus, river barge trips, tickets for entry to sightseeing locations and other services. The offers are placed online by a range of local Suppliers around the world (hereinafter referred to as “Suppliers”) with whom the respective contract for tourist services is concluded (“service agreement”). The Suppliers’ services can be accessed via the Travel Priorat Platform and bookings can be made.
1.2 Travel Priorat approaches both, consumers and companies. For the purposes of these General Terms and Conditions, the following applies:
a. A “consumer” is any individual person who has concluded a contract for purposes which cannot be predominantly assigned to commercial or independent work activities.
b. A “company” is a natural person or legal entity, or a partnership, which is performing its commercial or independent activities by concluding this contract.
c. The “user” denotes a natural person, unless this person has been explicitly registered with Travel Priorat as a legal entity. The actions and omissions that take place during the registration of a legal entity are allocated to a natural individual, unless they are carried out within the framework of their power of attorney for the legal entity. The “user” subsequently also includes users referred by sub-agent or distribution partners.
2. Subject matter of part II of these General Terms and Conditions
These General Terms and Conditions apply to any use of the Travel Priorat Platform, such as via the internet and apps. The contractual relationship between the user and Travel Priorat generally only comprises the proper referral of users to the respective Supplier, or the transfer of data via users who are provided by a sub-agent . Travel Priorat does not appear itself as the organizer, lessor, seller or other contract partner with regards to the tourist service agreement with the user. Consequently, part II of the General Terms and Conditions of Travel Priorat shall apply to offers on the Travel Priorat Platform and the provision of users to the Supplier. Part II of the General Terms and Conditions applies to the use of Travel Priorat Platform by cooperating partners (sub-agents or distribution partners), subject to special contractual agreements concluded with the respective cooperating partner. The contractual conditions of the Supplier, as per part III of these General Terms and Conditions, apply to the respective tourist service agreement between the user and the Supplier.
3. Registration
3.1 The use of Travel Priorat Platform’s offer can generally be done anonymously.
3.2 Certain types of use of Travel Priorat Platform, such as the making of bookings, require registration. During registration, the user sends an electronic registration form and consents to the General Terms and Conditions. The registration with Travel Priorat is only concluded once a confirmation is sent to the e-mail address specified by the user. Natural individuals must be over the age of 18 in order to register. The user has to keep the password he/she sets secret and take suitable precautions to prevent third parties becoming aware of it.
3.3 The creation of more than one user account for the same natural individual or legal entity is not permitted. The user account cannot be transferred.
4. Services of Travel Priorat/Conclusion of contract
4.1 Once the user has entered his/her desired service on the Travel Priorat Platform (e.g. travel destination, type of tour, start time, number of participants & price options), Travel Priorat shall show the user the information about the Suppliers’ services (“service information“). Based on this information, the user can, where applicable after checking availability, make a contractual offer, by placing an offer, to be sent to the respective Supplier, whereby the sub-intermediates act on behalf of the referred user. This happens, after the selection and transfer to the shopping basket, by clicking on the button “confirm and book”.
4.2 The user is bound to his/her binding offer for five working days. For more information see Section 5 of the General Terms and Conditions of the Supplier of tours and other tourist services in Part III.
4.3 Travel Priorat shall notify the user of the conditions of transport and business of the Supplier for their contractual relationship with the user and for their services. They can be found in the respective tenders. The user is responsible for meeting and complying with these conditions. The Supplier reserves the right to not allow the user to undertake an action, or to exclude it, if they do not meet the conditions. In this case the paid price shall not be refunded.
4.4 Travel Priorat shall provide the user with a booking confirmation issued in the name of, and on behalf of, the Supplier, as well as a payment confirmation. The use of the Travel Priorat Platform itself is essentially free of charge for the user. The costs for the technical access to the Travel Priorat Platform (e.g. internet access) are to be borne by the user. Travel Priorat is permitted to collect the invoiced amounts in the name of, and behalf of the Supplier.
4.5 Travel Priorat shall forward the user any data for the use of a Supplier’s service according to the applicable conditions (such as ticket data), once they have been received by the Supplier.
4.6 Travel Priorat assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Supplier, as all the information indicated and forwarded is based on data from Suppliers or third parties, which Travel Priorat cannot check in detail.
5. Payments on Travel Priorat
5.1 The service agreement concluded with the Supplier shall apply to the fees to be paid by the user for the services of the Supplier.
5.2 Travel Priorat is permitted to collect the invoiced amounts in the name of and on behalf of the Supplier, provided nothing else has been explicitly stated in the Supplier’s invoice. If claims have to be paid by the user in a different currency than its national currency (claims for payment in foreign currencies), Travel Priorat can demand payment in the national currency of the user and the foreign currency claim can be converted based on the current exchange rate at the time the contract is concluded. Travel Priorat can charge the user a suitable conversion charge for this.
5.3 The contact partner, and contract partner, of the user in connection with the service agreement and its payment, is the respective Supplier. The user can only assert the repayment of a payment to the respective Supplier. A refund granted by the Supplier can also be processed by the Supplier via Travel Priorat. To simplify the process for the user, communication via Travel Priorat Platform is recommended.
5.4 To use the payment functions of Travel Priorat, the user has to register. The user has to enter correct payment information and update the details immediately in the event of changes. Travel Priorat can reject the payment method specified by the user. The user will be notified of the payment methods permitted for the respective service during the order process.
5.5 Upon the authorization of the payment, the user consents to his/her payment information being used for the collection of payments by the creditor. Travel Priorat reserves the right to make the use of the payment function of Travel Priorat dependent on a check of the credit rating of the user.
6. Pricing of Travel Priorat
6.1 All prices on Travel Priorat are quoted per person and include VAT and all other taxes. Local taxes may be charged on site.
6.2 These prices specified by the Suppliers may be subjected to special conditions, for example with regards to cancellation and the refunding of payments made. Before making the booking, please check precisely whether the respective service agreement is subject to separate conditions.
7. The best price guarantee of Travel Priorat
7.1 Travel Priorat would like the user to pay the lowest possible price for the respective service. If the users find the offer they have booked viaTravel Priorat with the same conditions (town/city, number of people, availability) and at a lower price online, Travel Priorat shall pay the user, on a voluntary basis, the difference between the price paid and the lower price found on the internet.
7.2 All special offers and promotional campaigns are marked as such.
8. Duties and obligations of the user
8.1 The user shall keep the registration data (user login and password) secret and not allow third parties access to Travel Priorat Portal using his/her registration data. The user shall be accountable for all use of his/her user account on Travel Priorat Portal.
8.2 After receiving the service information, the user can send any orders to Travel Priorat for forwarding to the Supplier.
8.3 The user shall exempt Travel Priorat from third-party claims based on his/her use of the Travel Priorat Platform, unless they are the fault of Travel Priorat.
9. Availability and warranty
9.1 There is no claim for availability, quality or service features, or technical support for the Travel Priorat Platform. Travel Priorat can redesign, reduce or suspend their online portal Travel Priorat at any time, at its discretion. Existing agreements of the user with a Supplier, as well as the execution of these agreements, remain unaffected by these changes.
9.2 Travel Priorat makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Suppliers).
9.3 Travel Priorat makes no guarantee or warranty for the services provided by the Suppliers. The contact partner of the user in the event of questions and claims in connection with a service agreement and its execution is the respective Supplier.
9.4 Provided Travel Priorat does not have any obligation to the user, Travel Priorat also provides no guarantee.
10. Liability of Travel Priorat.
10.1 If Travel Priorat has not assumed a corresponding contractual obligation by means of an explicit agreement with the user, it is not liable for the realization of corresponding agreements with Suppliers in line with the booking request of the user.
10.2 Without explicit agreement or an assurance of this kind, Travel Priorat is not liable for defects in the performance of the service and personal or material damage incurred by the user in connection with the travel service provided, concerning the services provided. If several tourist services are provided (in accordance with the legal term “package holidays”) this does not apply, unless Travel Priorat gives the impression that it performs the intended travel services under its own responsibility.
10.3 Any liability of Travel Priorat due to the culpable violation of obligations in the brokering of contracts remains unaffected by the aforementioned conditions.
10.4 The liability of Travel Priorat for contractual claims of the user is limited to three-times the price of the tourist services procured, except for
- any violation of a key obligation, which needs to be fulfilled in order to allow the proper execution of the brokering agreement or the violation of which endangers the fulfilment of the contractual purpose
- liability for damage incurred by the user due to the injury to life, limb or health, which is based on a negligent breach of duty by Travel Priorat or a vicarious agent of Travel Priorat
- liability of Travel Priorat for other damage incurred by the user due to a grossly-negligent breach of duty by Travel Priorat or a willful or grossly-negligent breach of duty by a legal representative or vicarious agent of Travel Priorat
10.5 For ordinary negligence, Travel Priorat is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are obligations which need to be fulfilled to make the proper execution of the contract possible and whereby the user can regularly rely on them being met.
10.6 Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on the product liability law.
11. Termination
Users can cancel their registration on Travel Priorat Portal at any time by blocking their user account. Travel Priorat can cancel a registration unilaterally with one week’s notice. Claims which have arisen before this is done, remain unaffected. The right to extraordinary cancellation remains unaffected.
12. Evaluation function of Travel Priorat
12.1 Users have the opportunity to have personal influence on the content of Travel Priorat Platform by writing travel reports in the form of evaluations, or uploading pictures (“user content”). Users are fully responsible for the user content they provide. They ensure that the content is correct and guarantee that the content does not contain any misleading or illegal statements or details. Furthermore, the users guarantee that the content does not violate third-party rights. Under no circumstance and in no way does Travel Priorat make user content its own, it merely provides a Platform.
12.2 Travel Priorat can use the user content in various ways. This includes displaying it on the website, reformatting, editing for more clarity or better grammar, incorporation into adverts or other work.
12.3 Travel Priorat can remove or report user content where necessary and at its own discretion. For example, Travel Priorat can remove user content if it violates the Travel Priorat principles for content, in the opinion of Travel Priorat. Travel Priorat is not obliged to store copies of user content or provide copies thereof. Travel Priorat does not guarantee the confidentiality of user content.
12.4 Travel Priorat and its distribution partners or sub-agents can display adverts and other information together or next to the user content on the website and other media. Users have no claim to remuneration for these adverts. Subject to changes regarding the type and scope of these advertising measures. The user does not need to be especially notified of this.
12.5 The users shall fully indemnify Travel Priorat and its distribution partner or sub-agents from all third-party claims (incl. suitable costs for legal prosecution and defense) at first request, which these third parties assert against Travel Priorat concerning the user content provided by the user. This also applies if the contested content can no longer be accessed on Travel Priorat Platform. This does not apply if Travel Priorat is responsible for the legal violation. In the event of recourse by third parties, users have to immediately, truthfully and completely provide Travel Priorat with all the information necessary to verify the claims and defend them.
13. Data protection
13.1 Travel Priorat collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for Travel Priorat between the user and Travel Priorat.
13.2 If Travel Priorat is involved in the communication for a service agreement between the user and the respective Supplier, it shall transfer the data required for this agreement to the respective Supplier. This Supplier processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective Supplier can be taken from the booking dialogue.
14. Changes to these General Terms and Conditions
14.1 Travel Priorat reserves the right to change these General Terms and Conditions at any time and without stating the reasons. Travel Priorat will only make changes affecting the user, which the user must agree to in consideration of mutual interests. This concerns, for example, cases where the equivalence principle has been disturbed, as well as loopholes and changes in legislation. The amended conditions will be sent to the users by e-mail at the latest two weeks before they come into effect. If a user does not reject the validity of the new General Terms and Conditions within two weeks of the receipt of the e-mail, the amended General Terms and Conditions are deemed to have been accepted. Travel Priorat will notify the user, in the e-mail containing the amended conditions, of the importance of this two-week deadline.
14.2 These Terms and Conditions can be amended at any time and without notice for future intermediation of contracts with Supplier. The respective conditions valid for each individual contract conclusion shall apply.
15. Other provisions
15.1 These General Terms and Conditions represent the whole agreement between Travel Priorat and the user. No additional agreements exist.
15.2 The law of Spain shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Tarragona (Spain), provided the user is a tradesperson as per the Spanish Commercial Code or does not have a permanent place of residence in Spain when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.
15.3 If provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the rest of the provisions.
III. General Terms and Conditions of the Supplier of tours and other tourist services
1. Introduction
Part III of these General Terms and Conditions applies to all contracts concluded between the Suppliers and the users via the Travel Priorat Platform. This also applies, if access to the Travel Priorat Platform is provided via a cooperating partner (sub- agent, distribution partner).
2. Truthful details
The details transferred via the Travel Priorat must be truthful. The Supplier reserves the right to withdraw from the contract or to exclude users from participating in the service and to demand compensation amounting to the cancellation costs as per Section 11 of part III of the General Terms and Conditions of Supplier of tours and other tourist services, if defective details are provided by the user.
3. Arrival at meeting point and compliance with conditions
You are responsible for arriving on time at the notified meeting point. If you are travelling to an activity from abroad, you are responsible for having the necessary travel documents (passport etc.), and for observing the health regulations etc.
4. Additional terms and conditions
If Supplier includes in addition to these General Terms and Conditions of Supplier of tours and other tourist services of Part III further participation or transport or other terms in a contract with you, you are responsible for observing these additional terms. The Supplier reserves the right to exclude participants from the activity if they do not meet these conditions.
5. Binding nature of the request
The contract between you or the user you have referred, and the Supplier comes into effect upon the acceptance of your binding request by the Supplier. When you book a tour or another activity, you make the Supplier a binding offer which you, or the user you have referred, are bound to for five working days. If the Supplier accepts your offer within this period of time, the contract comes into binding effect. You, or the user referred by you, receives notification of this by e-mail.
6. Payment
The agreed total price for the service we have provided is due upon the conclusion of the contract.
7. Notes on the right of revocation
The Supplier points out that according to legal provisions, contracts for tourism services which are concluded as remote selling (i.e. via the Travel Priorat Platform) do not have a right of revocation, but merely the legal rights to withdraw and cancel the contract.
8. Self-responsibility for insurance
The price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity booked.
9. Unpaid services
If you or the user you have referred do not pay for the booked service according to the agreed due date of payment, although the Supplier is prepared, and able, to perform the contractual service and there is no legal or contractual right of retention for you or the user you have provided, the Supplier is permitted to withdraw from the contract and charge you, or the user you have referred, for the withdrawal costs as per point 11.
10. Exchange of messages
All messages between you, or the user you have referred, and the Supplier shall be done via the Travel Priorat Platform. In the interest of quick processing, it is recommended to exclusively use the forms provided by Travel Priorat
11. Cancellation guidelines
11.1 If you reject (cancel) the activity, the cancellation conditions stated in the product description as well as on your voucher apply. Travel Priorat advises the user to carefully read the information in the product description.
11.2 Provided there are no deviating cancellation conditions in the product description of your Supplier, the following cancellation fees will be charged by the Supplier of the tourist services:
a. Up to 24 hours before the start of the activity: full refund
b. Less than 24 hours before the start of the activity or in the event of a no-show: no refund
11.3 You, or the user you have referred, are free to prove to the Supplier that they have not incurred any damage, or substantially less damage than the fee charged by the Supplier.
11.4 The Supplier reserves the right to request higher, specific compensation instead of the aforementioned flat-rate fees, if the Supplier can prove that it has incurred much higher expenses than the respectively applicable flat-rate fee. In this case the Supplier is obliged to provide specific figures and evidence of the compensation requested, taking into account the saved expenses and any other use of the services.
11.5 The refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount shall be credited at the end of the current invoicing period. The exact time of the refund depends on the user’s credit card agreement. The refund by bank transfer shall be done within seven bank working days.
12. Extraordinary cancellation
The Supplier can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions (in particular force majeure) make the execution of the activity impossible, make it considerably more difficult or endanger it. In this case the paid price is refunded.
13. Exclusion of participation
The Supplier is permitted not to allow you to join an activity, or to exclude you from one, if you do not meet the personal participation requirements, your participation would endanger you or someone else or in any other way make the activity impossible in the long-term. This applies accordingly to a user you have referred. In these cases, the paid price cannot be refunded.
14. Changes to the program
Furthermore, the Supplier reserves the right to make non-essential changes to the program, if this is necessary due to unforeseeable or unavoidable conditions.
15. Further conditions
Further conditions or deviating conditions can be found in the respective tenders.
16. Time zone
For calculations of the time and deadlines, the time zone of the Supplier is authoritative.
17. Liability of the Supplier of the tour or the tourism service
The Supplier is liable in accordance with the applicable law for its services, whereby the liability, if permitted according to the applicable law, is excluded.
18. Change to these General Terms and Conditions
These Terms and Conditions of the Supplier of tours and other tourist services of Part III can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on the existing conditions.