The following terms and conditions of BASQUE BITES cover the booking of walking tours, food tours, tastings and classes (collectively referred to as “Experiences”). These terms and conditions are published by the company Basque Bites having its registered office at Paseo Duque de Mandas 35, 3A Donostia-San Sebastián, Gipuzkoa, 20012 SPAIN.
Customer Service:
Phone: +32 678 242 857
E-mail: info@basquebites.com
Standard Terms and Conditions for the Booking of Experiences
1. Scope of terms and conditions
These standard terms and conditions of booking govern the business relationship between Basque Bites and its customers. BASQUE BITES’s standard terms and conditions of booking shall apply even if BASQUE BITES is aware of the customer’s terms and conditions at the time of confirming the customer’s booking. BASQUE BITES shall not recognise conflicting, varying or additional terms and conditions of the customer unless it expressly agrees to them in writing.
2. Services
2.1. Characteristic
The services provided by BASQUE BITES are presented on the Site.
The photographs illustrating the services do not constitute a contractual document.
2.2. Availability
In case of unavailability of one or more services after the booking is made, the Customer will be immediately notified by e-mail and will be refunded the amount of services unavailable. If the booking is completely unavailable, the Customer will be notified by email and will not be charged or will be fully refunded.
Apart from reimbursing the price of the unavailable service, BASQUE BITES will not be held liable for any compensation, unless the breach of contract is personally attributable to it.
3. Price
3.1. Selling Price
The selling prices are indicated, for each of the Services, in euros with all taxes included. They are those in effect on the day of booking.
The total amount due by the Customer is indicated on the booking confirmation page.
3.2. Modifications
BASQUE BITES reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the reservation.
4. Offer
4.1. Duration
The online sales offers presented on the Site are valid, in the absence of indication of specific duration, as long as the Services appear on the Site and within the limits of available places.
4.2. Acceptance
The acceptance of the offer by the Customer is validated, in accordance with the double click process, by the confirmation of the reservation.
5. Booking Order
5.1. Steps to conclude the contract
To make a reservation, the Customer, after having indicated the selected Services, then clicks on the “Pay with card” button and provides information on the method of payment.
Before clicking on the “Confirm booking” button, the Customer has the opportunity to check the details of his booking and his total price and to return to the previous pages to correct any errors or possibly modify his reservation.
The confirmation of the reservation entails acceptance of the T&C and forms the contract.
However, for private tour or event reservations, the reservation is firm and final only after written acceptance of the Customer and signature (by mail or e-mail) and after the immediate payment of a deposit 40% of the estimated total of the Services indicated on the quote. The balance of 60% must be paid 15 days before the date of the service.
An email acknowledging receipt of the reservation and its payment is sent by BASQUE BITES as soon as possible. As such, it is the responsibility of the Customer to correctly indicate his email address, BASQUE BITES is not responsible for errors in the Customer’s email address entry.
5.2. Modifications
Any modification of booking by the Customer after confirmation of his reservation is subject to the acceptance of BASQUE BITES.
6. Contract
6.1. Conclusion
The sales contract is formed at the time of the sending by the Customer of the confirmation of his reservation.
6.2. Archiving and Proof
The archiving of communications, booking vouchers and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the Spanish Agency of Data Protection www.aepd.es
These communications, vouchers and invoices may be produced as evidence of the contract between the parties.
7. Payment
7.1. Due Date
Payment is made:
Either immediately upon booking by credit card; or
Deferred:
Wire Transfer
It is the Customer’s responsibility to record and print his payment certificate if he wishes to keep the banking details relating to his transaction.
The Client guarantees BASQUE BITES that he is fully authorized to use the payment card for the payment of his reservation and that these means of payment legally give access to sufficient funds to cover all the costs resulting from his booking on the site https://www.basquebites.com/. BASQUE BITES can not be held responsible for any fraudulent use of the means of payment used.
The use of the identifier (email address of the Customer) of the Customer will be proof of its identity and the payment of the sums corresponding to the date of validation of the reservation or the order. BASQUE BITES can not under any circumstances be held responsible for the fraudulent use of this information.
The provision of the credit card number and the final validation of the reservation or the order will be proof of the acceptance of said reservation or order and will be worthy of sums due.
7.2. Securing payment
In order to optimize the security of transactions, any payment made by credit card on the Site is made via the secure online payment system Stripe, which allows the encryption of all the data relating to orders (including names, addresses and numbers credit cards) so that the information communicated is protected during transmission.
7.3. Late payment
Any amount not paid at maturity is productive, without notice, of interest at the legal rate.
7.4. Default of payment
If the agreed price is not paid by the due date, BASQUE BITES reserves the right to suspend or cancel the reservation, the deposit paid to the reservation remaining acquired at BASQUE BITES as compensation.
Any new booking may be suspended in case of late payment of a previous reservation and this notwithstanding the provisions hereof.
8. Right of Withdrawal
No right of withdrawal may be exercised for contracts for the provision of services for leisure activities that must be provided at a specific date or period.
9. Conditions of Cancellation and Modification of the Services
9.1. Cancellation or Modification by the Customer
Any modification of the order by the Customer after confirmation of his order is subject to the acceptance of BASQUE BITES. The request must be made by email to: info@basquebites.com
a) Guided tours in small groups
Purchases of Services are refundable up to 24 hours before the start of the tour.
The Customer may also request to reschedule his reservation, subject to availability, or to transfer his reservation to another person up to 24 hours before the start of the tour.
Any request for refund or modification must be made by email minimum 24 hours before the start of the tour.
BASQUE BITES will not reimburse a participant who did not show up on the day of the event or who arrives after the start of the activity.
The tour is provided for a minimum of 2 people and maximum of 10 people. If this minimum is not reached, BASQUE BITES reserves the right to postpone the tour to a later date, subject to informing the Customer within 24 hours before the start of the tour.
b) Private guided tours or events
Any total or partial cancellation made by the Customer must be notified in writing, the date of receipt of the cancellation being valid for the application of cancellation fees provided below:
- Cancellations more than 30 days before the tour date: 50€/cancelled service will be kept as cancellation fee, plus any applicable exclusions detailed below.
- Cancellation less than 30 calendar days before the scheduled date: penalty representing 25% of the total price of the service, regardless of the amount of the service;
- Cancellation less than 14 calendar days before the scheduled date: no refund will be given.
- Cancellation of part of the total booked services: When several services have been booked and the clients needs to cancel only part of them, the above policies will be applied only to the cancelled services part. If the cancellation takes place less than 15 days before the service date, no refund will be given.
- Refunds will be sent back to your credit card (if you paid online) unless otherwise agreed with the client. The client will take care of any costs/commissions required for the refund transfer.
- No refund will apply when service has already been provided, either fully or partially.
9.2. Cancellation or modification by BASQUE BITES
In the event of exceptional unavailability, BASQUE BITES reserves the right to cancel the tours. Customers will be informed by email, phone, or text message.
This cancellation will result in the reimbursement of all the sums paid by the Customer, without the latter being able to argue any prejudice.
BASQUE BITES reserves the right to terminate a tour if, due to the behavior of a Customer, the rules of decorum and safety are not respected.
If it appears that the weather conditions do not allow the activity to be carried out under the appropriate safety conditions, BASQUE BITES will postpone or cancel the tour.
On the date scheduled for the visit, if BASQUE BITES is obliged to change the time and place of meeting, he will notify the Clients by email, telephone or text in advance.
10. Responsibilities
10.1. Responsibility of BASQUE BITES
As part of the walks, BASQUE BITES can offer a product discovery service presented by partners and of which he is neither the designer nor the manufacturer. Therefore, BASQUE BITES will not be responsible for damages resulting from the use of the products offered during the gourmet course by the partners of BASQUE BITES under the sole responsibility of the latter.
Any complaint that may result from the use of the products present during the gourmet course should be addressed directly to the partner of BASQUE BITES.
The responsibility of BASQUE BITES under the obligations of the present General Conditions of Sale can not be engaged in the case where the non-performance of its obligations would be imputable to the fact of a third, to the fault of the Customer or to the occurrence of an event of force majeure as defined by Civil Code.
10.2. Customer’s responsibility
The Customer must present himself at the meeting place on time at the time specified on his reservation.
The transport costs to the meeting point are at his expense. The price includes the walk and tastings. Tastings will be announced at each stage. The price does not include personal expenses and special requests.
In the event of the presence of minor persons or appearing such, BASQUE BITES reserves the right to ask for a valid identity document. Under no circumstances will a minor be allowed to take part in an alcohol tasting unless accompanied by one of his parents and expressly authorized by him. It is recalled that the abuse of alcohol is dangerous for health and consume with moderation.
The Customer is free to interrupt or leave the tour at any time; However, he can not claim any refund or discount.
People with disabilities are invited to check with BASQUE BITES that the tour is adapted to their abilities.
The Customer must inform BASQUE BITES of any applicable food restrictions.
The Customer will be responsible for the physical damage he has committed during a tour.
11. Intellectual Property
The elements reproduced on the site www.basquebites.com are the exclusive property of BASQUE BITES and are protected by copyright and trademark law.
Any reproduction and distribution of these elements without the prior written permission of BASQUE BITES exposes offenders to prosecution.
12. Treatment of personal data
12.1. Personal data
The computerized processing of the personal data of the Clients collected within the framework of a reservation of Services on the Site has the purpose of allowing BASQUE BITES to provide you with the said Services.
The information requested on the Site is mandatory. Without this information, the reservation or order of the Customer can not be processed.
In accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, the Customer has a right of access, rectification, limitation, opposition and erasure of the processing of his personal data. To exercise this right, the Customer must write to info@basquebites.com via the “Contact” page and indicate his name, first name, e-mail, address and customer reference.
Persons taking part in the tours and not wishing for photographs of them to be taken and published on the Site must inform BASQUE BITES.
12.2. Cookies
The Website uses cookies, small text files stored on the hard disk of the Client’s computer. Most cookies are intended to allow or facilitate the navigation of the Customer on the Site and are necessary for the operation of the booking or online order. The Customer may express his consent or oppose the use of cookies as described in the BASQUE BITES cookie policy. [https://www.basquebites.com/] For more information on BASQUE BITES’s handling of personal data and Customer’s rights in this area, please refer to the BASQUE BITES Privacy Policy. [https://www.basquebites.com/]
13. Communication between the Customer and BASQUE BITES
The exchanges between the Customer and BASQUE BITES will be mainly electronic (by email) unless otherwise provided by the T&C or the law.
14. Advertising on the Site
BASQUE BITES may decide to place advertising space on the Site. BASQUE BITES enjoys a total choice of advertisers, types of visualization of advertisements and their position on the Site.
15. Mediation
15.1. Advance complaint
In case of dispute, the Customer must first contact the customer service by telephone +32 678 242 857 or by email (info@basquebites.com) or postal mail to BASQUE BITES, Paseo Duque de Mandas 35, 3A Donostia-San Sebastián, Gipuzkoa, 20012 SPAIN
15.2. Request for mediation
In case of failure of the Client’s complaint to the Customer Service or in the absence of a response from the Customer within 2 months, the Customer may submit the dispute between him and BASQUE BITES to a Basque or Spanish mediator. The parties to the contract remain free to accept or refuse the use of mediation and, in case of recourse to mediation, to accept or reject the solution proposed by the mediator.
16. Applicable
These Terms are subject to Basque and Spanish law.
17. Competent court
In the absence of an amicable agreement, the Customer may submit to the Tribunal any dispute relating to the existence, interpretation, conclusion, performance or breach of the contract as well as all documents related to this contract.
The Customer may use:
- The Court of the seat of BASQUE BITES; or
- The Court of the place of performance of the service provision; or
- The Court of the place where he remained at the time of the conclusion of the contract or the occurrence of the harmful event.
b) A tour group has no right to a tour extension or a price reduction if it fails to turn up on time. Any extension of Experiences is at the guide’s discretion. If the tour is extended, the total work time of the guide to be paid for shall be the time spent by the guide waiting and the actual duration of the tour. The maximum time that a guide will wait is 30 minutes. If the tour group is delayed by more than 30 minutes, it will generally be deemed to have failed to show up (with costs being governed by clause 9.a).
c) A guide’s work time commences and finishes in Donostia-San Sebastián. If a guide starts or finishes the tour outside Donostia-San Sebastián, the guide’s work time shall be extended accordingly and any travel costs incurred and the additional work time will be charged.
A. Choice of law and jurisdiction
These terms and conditions are governed exclusively by Basque and Spanish law, subject to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a merchant, a legal entity under public law or a special fund under public law, or if it has no place of general jurisdiction in The Basque Country or Spain, the place of exclusive (and international) jurisdiction for any and all disputes arising out of or in connection with BASQUE BITES’s business dealings with the customer shall be Donostia-San Sebastián.
Legal Information
BASQUE BITES
Internet site: https://www.basquebites.com
Contact e-mail: info@basquebites.com
Tel: +34 678 242 857
Address: Paseo Duque de Mandas 35, 3ª
Donostia-San Sebastián
Gipuzkoa, 20012 Spain
Last updated: 06/2023
