GENERAL TERMS AND CONDITIONS
Introduction
This contractual document shall govern the General Conditions of contracting services for the organisation of excursions and socio-cultural activities (hereinafter, ‘Conditions’) through the website https://americansinbarcelona.com/, owned by Núria López under the commercial brand of Americans in Barcelona, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions shall remain published on the website at the USER’s disposal for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.
Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
– Has read, understands and comprehends what is set out herein.
– Is a person with sufficient capacity to contract.
– Assumes all the obligations set forth herein.
These conditions will be valid for an indefinite period of time and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the merchant is responsible and aware of the legislation in force, and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions that were implemented prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the services of organisation of excursions and socio-cultural activities contracted by the USER Americans in Barcelona, with registered office at Barcelona – 08024 (Barcelona) and customer/USER service telephone number 644 93 88 40.
On the other hand, the USER, registered on the website by means of a user name and password, for which he/she is fully responsible for the use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual purchase-sale relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific service.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify Americans in Barcelona at info@americansinbarcelona.com so that they can be corrected as soon as possible.
The USER may keep their details up to date by accessing their user account.
Contracting procedure
In order to access the services offered by the PROVIDER, the USER must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.
The USER will select a username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft thereof or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.
Once the user account has been created, the user is informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contracting clauses.
- Activation of services.
- Right of withdrawal.
- Complaints and online dispute resolution.
- Force majeure.
- Jurisdiction.
- Generalities of the offer.
- Price and period of validity of the tender.
- Method of payment, costs and discounts.
- Purchase process.
- Dissociation and suspension or termination of the contract.
- Warranties and returns.
- Applicable law and jurisdiction.
- GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
- ACTIVATION OF SERVICES
The PROVIDER will not activate any service until it has verified that payment has been made.
As the order does not entail the physical delivery of any product, the contracted services being provided directly at the place and time indicated in the description of each service offered, the PROVIDER will previously inform the USER of the procedure to follow in order to enjoy the service.
In the case of membership services, the USER must pay a monthly subscription for a specific price, granting him/her the right to enjoy the services offered with a special discount that may vary depending on the service.
We are not responsible for lost items during activities.
Non-execution of the distance contract
In the case of the provision of a service, this will be available on the dates, place and times specified in advance and according to the conditions of the PROVIDER.
In the event of not being able to execute the contract because the contracted service is not available on time, because there is not a sufficient number of attendees or participants to carry out the activity, because weather conditions make it inadvisable or impossible, as well as any other reason that prevents the PROVIDER from providing the service, the USER will be informed of the lack of availability and will be entitled to cancel the service and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay on the part of the PROVIDER with regard to the refund of the full amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for any damages suffered in excess of this amount.
The PROVIDER shall not assume any responsibility when the service is not provided because the data provided by the USER is false, inaccurate or incomplete.
The service will be considered to have been provided when the USER has confirmed his/her attendance.
- RIGHT OF WITHDRAWAL
The USER has a period of fourteen (14) calendar days, counted from the date of receipt of the product or from the conclusion of the purchase contract if it is a provision of a service, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiry date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
The right of withdrawal shall not apply to the contracts referred to and listed in article 103 of RDL 1/2007. Therefore, the right of withdrawal is excluded for the following reasons:
– Service already started or loss of the right of withdrawal once fully executed.
All returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by e-mail to info@americansinbarcelona.com indicating the corresponding invoice or order number.
Furthermore, the USER may cancel the booking up to 48 hours before the service is provided or the activity takes place and the PROVIDER undertakes to refund the amounts paid.
WITHDRAWAL FORM
(You should only complete and send this form to the e-mail address indicated if you wish to withdraw from the contract or service contracted).
– To the attention of (here you must insert the name of the company, full address and, if available, the telephone, fax and e-mail number):
– I/We hereby inform you (*) that I/We hereby withdraw from my/our (*) contract for the sale of the following goods/provision of the following service (*).
– Ordered on/applied for on (*).
– Name and address of the consumer and user(s).
– Date and signature of the consumer and user(s).
- COMPLAINTS AND ONLINE DISPUTE RESOLUTION
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made to the following contact addresses:
Postal: Americans in Barcelona, Barcelona – 08024 (Barcelona)
Telephone: 644 93 88 40.
E-mail: info@americansinbarcelona.com
Online Dispute Resolution (Online Dispute Resolution)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
- FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure has ceased.
- COMPETENCE
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest shall not be affected in any way, nor shall they be modified in any way.
The USER declares that he/she has read, knows and accepts these Conditions in their entirety.
- GENERALITIES OF THE OFFER
All sales made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to Americans in Barcelona’s Commercial Proposal or to what is stipulated herein shall have any effect, unless expressly agreed in writing and signed by the PROVIDER, in which case these particular agreements shall prevail.
Given the continuous technical advances and improvements in services, the PROVIDER reserves the right to modify its specifications with regard to the information provided in its advertising, as long as this does not affect the value of the services offered. These modifications shall also apply in the event that, for whatever reason, the possibility of providing the services offered is affected.
In the case of a membership subscription, the service shall be paid for on a monthly basis. If the USER wishes to cancel the membership service, he/she must inform the PROVIDER so that the subscription will not be renewed, and he/she will be able to enjoy the services during the month paid for in full.
In the case of a membership subscription, the service will be paid for on a monthly basis. If the USER wishes to cancel the membership service, he/she must inform the PROVIDER before the 20th day of the current month so that the subscription is not renewed, and may enjoy the services during the month paid for in full.
Specific characteristics and recommendations
Given the characteristics of some of the services offered, the PROVIDER will provide a detailed description at the time of purchase. It is the responsibility of the USER to read and understand the descriptions and possible recommendations that may be shared for the correct provision of the service.
The PROVIDER will not be responsible for any possible risks or damages that the USER may run or suffer in any of the services provided, being the sole responsibility of the USER to verify his or her capacities to be able to access and enjoy the service.
- PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping or communication, handling, packaging, shipping insurance or any other additional services and annexes to the service purchased.
The prices applicable to each service are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.
Before making the purchase you will be able to check online all the details of the quotation: services, quantities, price, availability, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order has been placed, prices will remain the same whether the service is available or not.
Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. The invoice will be sent in PDF format to the email address provided by the USER, together with the confirmation of the purchase.
For any information regarding the order, the USER may contact the PROVIDER’s customer service telephone number 644 93 88 40 or via e-mail to the address info@americansinbarcelona.com.
- PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and offers the following methods of payment for an order:
– Credit card
– Stripe
The PROVIDER informs that all payments made through the Stripe platform will be the responsibility of the USER and Stripe, and the PROVIDER is not responsible for personal data, incidents and, in general, any problem that may arise once the USER shares the data with Stripe. The USER can find out about the processing of personal data by Stripe through its privacy policy: https://stripe.com/es/privacy
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
- PURCHASING PROCESS
Basket (quotation simulation)
Any service from our catalogue can be added to the basket. In the basket, only the selected services, the quantity, the price and the total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the data entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order by following the steps below for its correct formalisation:
- Checking the invoicing data.
- Verification of the method of service provision (download, activation…).
- Selection of the payment method.
- Place the order (purchase).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming that the order has been placed.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the order and the date on which the service will be provided.
- DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, where the USER fails to comply with or follow any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.
Specifically, the PROVIDER informs the USER that it may, at any time, terminate the service in the event that the USER shows inappropriate behaviour or behaviour contrary to the law and public order or disrespect for the rest of the users who may enjoy the service.
When exercising any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the USER.
- WARRANTIES AND RETURNS
The guarantees will respond to what is regulated in the Title referred to ‘Guarantees and after-sales services’ of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
- APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. Any controversy that may arise from the provision of the products or services covered by these Conditions shall be submitted to the courts and tribunals of the USER’S domicile, the place of fulfilment of the obligation or the place where the property is located if it is immovable.