GENERAL TERMS OF USE

Barcelona Dreaming S.L. (hereinafter, “Barcelona Dreaming“), a company registered in Spain under company number J66432493 whose registered office is at Carrer Vigatans 8 Barcelona, Barcelona 08003, Spain, owner of the Website www.barcelonadreaming.com    (hereinafter, the “Website“), is a company dedicated to manage the reservation and sale of guided tours and other tourist activities. Below are the general terms that shall govern the relationship with users booking and or inquiring about these tours (hereinafter, the “Users“)

1.- ACCESS TO THE WEBSITE

By accessing, viewing or using the materials, contents or services accessible through the Website, the User declares that they understand and accept these General Terms of Use, which define the rights and obligations of Barcelona Dreaming and the User for the contracting of the services of guided tours and activities.

These are the only General terms of Use applicable to the use of the Website (notwithstanding that for certain services there may be specific terms) and to the contracting of services.

Users are not required to register in order to access the Website or its services but will be required to provide billing information and other necessary information when booking a tour.

2.- BOOKING THROUGH THE WEBSITE

In order to make reservations through the Website, the User will have to provide their personal data (name, surname, e-mail, telephone and cell phone), or if applicable, the data of the person on behalf of whom the activity is reserved, so that Barcelona Dreaming can make the reservation requested by the User.

By virtue of these General Terms of Use, Users declare to provide true, accurate, current and complete information about their identity, or the person on behalf of whom the activity is booked. Users shall be responsible for the accuracy of the data provided to Barcelona Dreaming and for any consequences that may arise from errors in the information provided.

Reservations through the Website are subject to the specific terms applicable to each activity, excursion or guided tour. The User will be able to find these terms in the description in the Website for each of these services, as well as in the confirmation email sent to them  by Barcelona Dreaming once the reservation has been made.

3.- GENERAL TERMS

The meeting point, date, time, duration and all the necessary information for the enjoyment of the guided tour booked, is detailed in the description of each tour, on the Website, as well as in the confirmation email sent to the User once the reservation has been made.

In the confirmation email, in addition to providing all the information of the service booked, Barcelona Dreaming may provide the User with a voucher so that the User can present it prior to the start of the activity or once the activity has been completed, according to the conditions established in each activity.

It is essential that Users are punctual and present themselves at the meeting point at the time and date indicated on their email or voucher, as all tours are scheduled to depart at a specific time and it is not possible to change the start time.

The duration guided tours published on the Website are for reference only and may be subject to slight variations depending on the development of the service itself, or due to any factor external to Barcelona Dreaming.

4.- CANCELLATION POLICY

Without limitation to the rights of the User, regarding cancellations of package travel services to which the provisions of Royal Legislative Decree 1/2007, of November 16, 2007, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter, “General Law of Consumers and Users”) are applicable, Barcelona Dreaming has a specific cancellation policy set forth at https://barcelonadreaming.com/cancellation-policy/.

Barcelona Dreaming reserves the right to follow a different approach in specific cancellation conditions, allowing for cancellation with no penalty.

IN ACCORDANCE WITH THE ABOVE, AND BY ACCEPTING THESE GENERAL TERMS OF USE, USERS DECLARE THAT THEY HAVE READ AND EXPRESSLY ACCEPTED THIS CANCELLATION POLICY AND AGREE TO THE CANCELLATION CONDITIONS.

5.- CODE OF CONDUCT ON THE WEBSITE

Users agree to use the website in a lawful, diligent, honest and correct  manner, under the principles of good faith and respecting at all times the applicable law and these General Terms of Use. In particular, but without limitation, Users shall not:

5.1. Register or communicate data that is not true, accurate, complete and/or updated, or access the Website using the name, identification data or password of another User or impersonate any person or identity.

5.2. Use the Website for fraudulent purposes, or in connection with criminal offenses or unlawful activities of any kind.

5.3. Introduce or disseminate computer viruses that may cause unauthorized alterations to the contents or systems comprising the Website.

5.4. Download, post or otherwise distribute content or applications that may violate any applicable law or infringe any rights of any party.

BARCELONA DREAMING RESERVES THE RIGHT TO DENY ANY ATTEMPT TO ACCESS THE WEBSITE OR CANCEL USER BOOKINGS WHEN IMPROPER USE OF THE WEBSITE IS DETECTED IN ACCORDANCE WITH THESE GENERAL TERMS OF USE PROVISIONS.

6.- LIMITATION OF LIABILITY

Without limitation to the responsibility to which the provisions of the General Law of Consumers and Users are applicable, Barcelona Dreaming will not be responsible for any of the following circumstances;

6.1. Delays or errors committed by the Users to reach the meeting point if the User misses the tour due to lack of punctuality and/or not being at the meeting point.

6.2. Damages and/or theft affecting the Users and their property during the enjoyment of the tours.

6.3. Injuries, damages and accidents that the User may suffer during the enjoyment of the tours.

6.4. The weather conditions.

6.5. The quality and adequacy of the service contracted by the User.

6.6. When tours have been completed with respect to all the points of interest included in them, even if the duration has suffered a slight variation due to any factor. In this situation, it shall be understood that the service has been correctly provided.

6.7. Lack of availability, maintenance and effective operation of the Website and/or its services or contents, as well as for damages of any nature that may be due to the lack of availability or continuity of the operation of the Website.

6.8. Technical failures due to third parties or causes of force majeure that prevent the proper functioning of the Website.

6.9. Any use contrary to the terms of the present General Terms of Use on the Website by the Users.

7.- INTELLECTUAL PROPERTY

All rights over the content, design and source code of this Website and, including but not limited to, all rights over the photographs, images, texts, logos and designs included in the Website and any other intellectual property rights are owned by Barcelona Dreaming.

Therefore, and according to the Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the legal provisions in force on the matter (hereinafter, “Intellectual Property Law”), as well as in Law 17/2001, of December 7, 2001 on Trademarks and complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, distribution, public communication, including its modality, is expressly prohibited.

Barcelona Dreaming does not grant any license or authorization of use of any kind on its intellectual property rights or on any other property or right related to the Website, and in no case shall it be understood that the access and navigation of the Users implies a waiver, transmission, license or total or partial transfer of such rights.

8.- MODIFICATIONS

Barcelona Dreaming reserves the right to make as many changes and updates as it deems appropriate to these General Terms of Use, in which case Users will be previously informed. These modifications will be valid as soon as they are published on the Website.

9.- MISCELLANOUS

All the clauses in these General Conditions of Use must be interpreted in an independent and should not be affected by the rest of the clauses in case one of them is declared null by judicial sentence or firm arbitral resolution. The affected clause or clauses will be replaced by others that preserve the effects pursued by the General Terms of Use.

10.- JURISDICTION AND APPLICABLE LEGISLATION

These General Terms of Use shall be governed by Spanish law. In case of litigation on the interpretation, execution or validity of these General Terms of Use, the Courts of the User will be considered competent.