Terms & Conditions
These general terms and conditions are divided into:
II. General conditions TOURS & EXPERIENCES
III. General terms and conditions of the travel provider (intermediary companies)
TOURS & EXPERIENCES provides this booking platform for tourist services as part of an intermediary service.
In addition, TOURS & EXPERIENCES also provides this booking platform to certain partners for the booking or forwarding of tourist services. The use of this booking platform by partners (sub-intermediaries) requires a separate contractual agreement and is not permitted without the prior written consent of TOURS & EXPERIENCES.
I. Conditions of use for the BusXperience website and application
1. Who operates this site?
TOURS & EXPERIENCES CATALUNYA sl. – Calle Saragossa, 14C – 08830 in Sant Boi de Llobregat (Barcelona), provides this site (including all sub-sites and contents, as well as texts, images, videos, services and other information shown, jointly called «Web Site»). You can contact TOURS & EXPERIENCES by e-mail (email@example.com or at https://busxperience.cat/contact/).
Bookings made via the booking platform are subject to the TOURS & EXPERIENCES General Terms and Conditions and the General Terms and Conditions of the tour operators.
3. No Usage Requirement
All information on this website is for general information purposes only. The information contained in this website does not constitute a binding offer from our company. There will only be a binding agreement with the providers of the activities offered on the website, and only with the provider, through a booking request on the booking platform and acceptance by the provider in accordance with the Terms and Conditions.
4. No guarantees
Although TOURS & EXPERIENCES endeavours to ensure the accuracy of the contents presented on or via the website, TOURS & EXPERIENCES assumes no explicit or implicit guarantee of completeness, accuracy, reliability and topicality of the contents of this website and their suitability for a specific or other purpose (including all information provided by third parties). TOURS & EXPERIENCES reserves the right to change, supplement or delete the content of this website, as well as its structure and function at any time without prior notice, at its own discretion, without removing any obsolete content or characterising it as such. TOURS & EXPERIENCES may block access to the site in whole or in part for users or make access dependent on the fulfilment of certain conditions. TOURS & EXPERIENCES assumes no explicit or implicit guarantees with regard to the availability of the website or its functions, as well as the absence of defects. This also does not include any guarantee that the website and its underlying infrastructure are free of viruses and other malware. Furthermore, TOURS & EXPERIENCES assumes no guarantee that the content of the website has not been modified by technical deficiencies or by unauthorised third parties.
5. Limitation of liability of Part I of the General Terms and Conditions
The liability of TOURS & EXPERIENCES, its legal representatives and its independent contractual partners, its own employees and managers, as well as the liability for damages related to your access (or the impossibility of access) to the website or errors or omissions or the results of the use of the website, irrespective of their legal basis, is excluded; this does not apply to liability for intentional or grossly negligent damages and only to the extent permitted by applicable law. As a result, the limitations of liability do not apply in the context of warranties, vital, bodily and health injuries as well as to claims under the Product Liability Act.
6. Third party content, links to other websites
TOURS & EXPERIENCES assumes no responsibility for third party content (including bookable activities and related information) as long as they are offered via the website, as well as for content linked to the website or mediated by the website. TOURS & EXPERIENCES does not recommend or approve such contents and assumes no responsibility for them. If TOURS & EXPERIENCES links to third party websites, the use of such websites is at your own risk. TOURS & EXPERIENCES therefore recommends to read the guidelines of the respective websites and to check their data concerning the processing of personal data. If you suspect the existence of illegal content on the website, please contact us at https://busxperience.cat/contact/.
7. Limited permission for the BusXperience application
(i) Be used only in object code format and for personal purposes (if you are a consumer) or for internal business purposes (if you are a business);
(ii) The BusXperience Application may only produce as many copies and backup copies as are necessary for its legitimate use;
(iii) Third parties are prohibited from copying, adapting, reverse engineering, decompiling, decompiling, decompiling, modifying, modifying, adapting the BusXperience application or correcting errors in whole or in part,
(iv) The rental, leasing, sub-licensing, translation, merging, adaptation or modification of the BusXperience application or any related documentation is prohibited;
(v) Disassembly, decompilation, reverse engineering or use of all or part of the source code as a basis for other programs, including any attempt at such activities, is prohibited.
8. Industrial property rights
As between you and TOURS & EXPERIENCES the website is and remains protected by copyright and/or other intellectual property rights (including competition law). By using this website, you do not acquire any rights over the Website or the names, trade names and trademarks of any kind (including trademarks) published on the Website. You are permitted to access and display the Website, but not to incorporate or copy, display, license, publish, download, upload, post or otherwise make available the Website to other websites without our prior written permission.
10. Applicable law and jurisdiction
The relations established between the User and the owner of the web site shall be governed by the provisions of the regulations in force concerning the applicable legislation and the competent jurisdiction. However, in those cases in which the regulations allow the parties to voluntarily submit to a jurisdiction, TOURS & EXPERIENCES and the User, expressly waiving any other jurisdiction that may correspond to them, submit to the Spanish Courts and Tribunals in the place where the registered office of the portal is located.
II. TOURS & EXPERIENCES –General conditions of use for the online offer of the platform BusXperience
1.1 TOURS & EXPERIENCES CATALONIA sl. – Calle Saragossa, 14C – 08830 in Sant Boi de Llobregat (Barcelona), operates an intermediation platform for tourist offers in the form of an online offer via Internet and applications (hereinafter jointly referred to as «BusXperience platform»). On the BusXperience platform, users have the opportunity to find and book sightseeing tours, activities and experiences. The online offer includes guided tours, guided tours by private car or coach, tickets for tourist attractions and other services. The offers are provided by different local suppliers («supplier«) with whom the respective contract of cooperation for the tourist service («cooperation contract«) is created. The services of the suppliers can be accessed via the information on the BusXperience platform and orders can be placed.
1.2 TOURS & EXPERIENCES is aimed at both consumers and entrepreneurs. For the purposes of these General Terms and Conditions the following shall apply:
a. A «Consumer» is a person or organisation that demands goods or services in exchange for money provided by the producer or supplier of goods or services.
b. An «Entrepreneur» is a natural or legal person or a company with legal capacity who acts at the conclusion of the contract in the exercise of his economic or self-employed activity.
2. Subject matter of Part II of these General Terms and Conditions
These terms and conditions apply to any use of the BusXperience platform, e.g. via internet and apps. The contractual relationship between the user and TOURS & EXPERIENCES basically only includes the proper intermediation of the user to the respective service provider or the transmission of data about the user which are mediated by a sub-intermediator. TOURS & EXPERIENCES does not act as organiser, lessor, seller or other contractual partner with regard to the service contract with the user. For the offers on the BusXperience platform and the intermediation of the users to the provider, this part II of the General Terms and Conditions TOURS & EXPERIENCES shall therefore apply. For the use of the BusXperience platform by partners and service providers, this Part II of the General Terms and Conditions shall apply, subject to the special contractual agreements concluded with the respective co-operation partner. The contractual conditions of the providers in accordance with Part III of these General Terms and Conditions apply to the respective service contract between the user and the provider.
3.1 The use of the BusXperience platform offer can generally be made anonymously.
3.2 Certain uses of the BusXperience platform, such as the booking request, require registration. By registering, the user submits an electronic registration form and accepts the General Conditions. Registration by TOURS & EXPERIENCES is only concluded with the confirmation of the user address specified by the user.
4. Services TOURS & EXPERIENCES /Conclusion of the contract
4.1 Once the user has entered the requested services on the BusXperience platform (e.g. chosen tour, type of tour, start time, number of participants and price options), TOURS & EXPERIENCES will show the user information about the services of the providers («service information»). On the basis of this information, and after checking availability, if applicable, confirmation of the booked services will be received. This happens after selection and transfer to the shopping basket, and making the corresponding payment.
4.3 TOURS & EXPERIENCES will notify the user of the general terms and conditions of the suppliers for their relationship with the user and for their services. The user is himself responsible for complying with these conditions. The provider reserves the right not to allow the user to carry out an activity, or to exclude him, if he does not comply with the conditions. In this case, the price paid will not be refunded.
4.4 TOURS & EXPERIENCES will provide the user with a booking confirmation issued in the name and on behalf of the supplier, as well as a payment confirmation. The use of the BusXperience platform itself is essentially free of charge for the user. The costs for technical access to the BusXperience platform (e.g. Internet access) are to be borne by the user. TOURS & EXPERIENCES is entitled to charge the invoiced amounts in the name and on behalf of the supplier.
4.5 TOURS & EXPERIENCES will forward to the user the data for the use of the service of a supplier in accordance with the applicable conditions (such as the data of the tickets or entrance tickets to the visitable sites), once they have been received from the supplier.
4.6 TOURS & EXPERIENCES does not assume any guarantee for the correctness of the forwarded data or for the provision of services by the suppliers, as all information indicated and transmitted is based on data from suppliers or third parties which TOURS & EXPERIENCES cannot verify in detail.5. Pagar en BusXperience
5.1 The service contract concluded with the supplier shall apply to the remuneration to be paid by the user for the services of the supplier.
5.2 TOURS & EXPERIENCES is authorised to collect the invoiced amounts in the name and on behalf of the supplier, unless expressly stated otherwise in the supplier’s invoice. If the user has to pay the debt in a currency other than his national currency (debt payable in foreign currency), TOURS & EXPERIENCES may demand payment in the national currency of the user, converting the debt into foreign currency on the basis of the exchange rate in force at the time of conclusion of the contract. TOURS & EXPERIENCES may charge the user a reasonable conversion fee.
5.3 The user must register to use the TOURS & EXPERIENCES payment functions. The user must provide accurate payment information and update changes immediately. TOURS & EXPERIENCES may refuse to accept the means of payment indicated by the user. The permitted means of payment for the respective service are shown to the user in the ordering process.
5.4 By authorising payment, the user accepts that his payment information will be used to collect the remuneration by the creditor. TOURS & EXPERIENCES reserves the right to make use of the TOURS & EXPERIENCES payment function depending on a review of the required creditworthiness of the user.
5.5 If the user uses a credit and/or debit card issued in any of the non-EU (European Union) countries for the payment transaction, this payment will be processed by the bank managing the TOURS & EXPERIENCES account through the delegations and offices that this same bank may have in operation in the different countries.
6. Prices TOURS & EXPERIENCES
6.1 All prices in BusXperience are quoted per person and include VAT and all other taxes. Local taxes may be charged in addition.
6.2 These prices, which are set by the suppliers, may be subject to special conditions, e.g. regarding cancellations and refund of payments made. Therefore, please check before booking exactly whether the respective service contract is subject to different regulations.
7. Best Price Guarantee TOURS & EXPERIENCES
7.1 TOURS & EXPERIENCES wants users to pay the best possible price for the respective service. As these are private tours with a certain exclusivity, each offer is adjusted to the requirements of each programme.
7.2 All special offers and promotional campaigns will be marked as such.
8. Duties and obligations of the user
8.1 The user will be responsible for all use of his user account on the BusXperience portal.
8.2 After receiving the service information, the user can send any request, note or comment (e.g. food requirements or intolerances) to TOURS & EXPERIENCES for forwarding to the supplier.
8.3 The user will exempt TOURS & EXPERIENCES from third party claims based on his use of the BusXperience platform, unless they are the responsibility of TOURS & EXPERIENCES.
9. Availability and warranties
9.1 There is no claim to availability, quality or features or technical support for the BusXperience platform. TOURS & EXPERIENCES may redesign, restrict or suspend its BusXperience platform at any time at its sole discretion. User agreements existing with a supplier, as well as their execution, will not be affected by such changes.
9.2 TOURS & EXPERIENCES assumes no guarantee for the accuracy or completeness of data provided by third parties (such as other suppliers).
9.3 TOURS & EXPERIENCES does not assume any guarantee for the services offered by the suppliers. The respective provider shall be the contact person of the user in case of questions and complaints in connection with a service contract and its execution.
9.4 Insofar as TOURS & EXPERIENCES has no obligation towards the user, TOURS & EXPERIENCES does not assume any guarantee.
10. Liability of TOURS & EXPERIENCES
10.1 Insofar as TOURS & EXPERIENCES has not entered into a corresponding contractual obligation by express agreement with the user, TOURS & EXPERIENCES shall not be liable for the execution of contracts corresponding to the booking request of the user, with the suppliers to be mediated.
10.2 Without any express agreement or guarantee, TOURS & EXPERIENCES shall not be liable, in connection with the mediated services, for deficiencies in the provision of the service and for personal or material damages which the user suffers in connection with the mediated travel service. This does not apply in the case of the provision of several main travel services (in accordance with the legal term «package holiday»).
10.3 Any liability of TOURS & EXPERIENCES itself due to culpable breach of obligations in the intermediation of contracts remains unaffected by the aforementioned conditions.
10.4 The liability of TOURS & EXPERIENCES for contractual claims of the user is limited to the full reimbursement of the purchased tourist services, except for.
● any violation of an essential obligation which must be fulfilled to enable the correct execution of the intermediation contract or whose violation endangers the fulfilment of the contractual purpose.
● liability for damages suffered by the user due to injury to life, body or health, which are based on a negligent breach of obligation by TOURS & EXPERIENCES or on a wilful or negligent breach of obligation by a legal representative or an executive assistant TOURS & EXPERIENCES
● the liability of TOURS & EXPERIENCES for other damages suffered by the user due to a grossly negligent breach of obligation by TOURS & EXPERIENCES or a wilful or grossly negligent breach of obligation by a legal representative of or vicarious agent of TOURS & EXPERIENCES.
10.5 For simple negligence, TOURS & EXPERIENCES is only liable for the breach of an essential contractual obligation and only for foreseeable and typical damages. Essential contractual obligations are obligations which must be fulfilled in order to enable the correct execution of the contract and on whose fulfilment the user must be able to rely regularly.
10.6 The restrictions of liability do not apply in the scope of warranties issued, in the case of injury to life, limb and health, or to claims based on the Product Liability Act.
Users may cancel their booking on the BusXperience portal at any time. In the event that the cancellation involves management or booking fees, only the corresponding part not affected by these management or booking fees will be reimbursed, whether these are those of TOURS & EXPERIENCES or of any of its suppliers. TOURS & EXPERIENCES may cancel a booking unilaterally with ten days’ notice. Claims arising prior to this date shall remain unaffected. The right to extraordinary termination remains unaffected.
12. Evaluation function
12.1 Users have the opportunity to personally influence the content of the BusXperience platform by sending any comments or assessments via the platform’s contact form. Furthermore, users guarantee that the content does not violate the rights of third parties. TOURS & EXPERIENCES does not assume under any circumstances and in any way as its own the contents that the user may publish, but merely provides a platform.
13. Data protection
13.1 TOURS & EXPERIENCES collects and uses personal data of the user to the extent necessary for the creation, design of content or modification of the TOURS & EXPERIENCES contractual conditions between the user and TOURS & EXPERIENCES.
13.2 If TOURS & EXPERIENCES is involved in the communication of a service contract between the user and the respective provider, it will transfer the data required for this agreement to the respective provider. This provider processes and uses the data to initiate, conclude and execute the contract on his own responsibility. The identity of the respective supplier results from the booking dialogue.
14. Modification of these General Terms and Conditions
14.1 TOURS & EXPERIENCES reserves the right to modify these General Terms and Conditions at any time and without stating reasons. TOURS & EXPERIENCES will only make such modifications vis-à-vis consumers that the user must reasonably accept in consideration of the interests of both parties. These concerns, for example, cases in which the principle of equivalence has been disturbed, as well as loopholes and changes in legislation. The amended terms and conditions will be sent to users by e-mail at the latest two weeks before they come into force. If a user does not object to the validity of the new General Terms and Conditions within two weeks of receipt of the e-mail, the modified General Terms and Conditions shall be deemed to have been accepted. TOURS & EXPERIENCES will especially warn the user, in the e-mail containing the modified terms and conditions, of the importance of this two-week period.
14.2 The General Terms and Conditions may be amended at any time and without prior notice for the future intermediation of new bookings. The respective valid conditions shall apply for each new intermediation.
15. Further Provisions
15.1 These Conditions constitute the entire agreement between TOURS & EXPERIENCES and the user. There are no other supplementary agreements.
15.2 The terms and conditions are governed by the laws and regulations of the Spanish legal system. In those cases where voluntary submission to a specific forum is possible, the owner of the web site and the user will submit to the Courts and Tribunals of Barcelona.
III. General Terms and Conditions of Travel and Other Tourism Service Providers
These General Conditions of Part III will apply to all contracts concluded between suppliers and users through the BusXperience platform.
2. Truthful information
The data transferred through the BusXperience Platform must be truthful. The supplier reserves the right to renounce the contract or to exclude the user from participating in the service and to demand a compensation equivalent to the cancellation costs, according to Section 11 of this Part III of the General Conditions, in case the user has provided erroneous information.
3. Arrival at the meeting point and fulfilment of arrangements
You are responsible for arriving on time at the meeting point communicated in the case of DAILY TOURS services. If you are coming from abroad to take part in the activity, you are solely responsible for your travel documents (passport, etc.), compliance with health regulations, etc.
4. Additional conditions of participation or transport
If, in addition to these General Terms and Conditions of Business in accordance with this Part III, the provider includes additional conditions of participation or transport in the contract, you are responsible for the fulfilment of these additional conditions of participation or transport. The provider reserves the right to exclude participants from the activity who do not comply with these conditions.
5. Binding nature of the application
The contract between you or the user brokered by you and the provider is concluded once the provider has accepted your binding application. By booking a trip or other activity, you are making a binding offer to the supplier and the contract is concluded in a binding manner. You, or the user brokered by you, will be notified of this by e-mail.
The total price agreed for the service mediated through TOURS & EXPERIENCES is due upon conclusion of the contract.
7. Information about the right of withdrawal
The provider points out that, according to the legal provisions, in the case of tourist service contracts that are concluded remotely (i.e. via the BusXperience platform) there is no right of withdrawal, but only the legal rights of cancellation and termination.
8. Personal liability insurance
The price of the services does not include any insurance. You are responsible for providing yourself with sufficient insurance cover. The need for insurance depends on the activity booked. Only transport provided by TOURS & EXPERIENCE is covered by compulsory passenger insurance and liability insurance.
9. Unpaid services
If the user does not pay for the service booked in accordance with the booking conditions, TOURS & EXPERIENCES is entitled to cancel the booking contract.
10. Exchange of communications
All messages between TOURS & ESPERIENCES, the intermediary user and the supplier will be carried out through the BusXperience Platform and its contact e-mail (firstname.lastname@example.org ). In the interest of a quick management, it is recommended to use exclusively the forms provided by TOURS & EXPERIENCES.
11. Cancellation Policy
11.1 In case of cancellation of an activity (cancellation), the cancellation conditions specified in the product description and indicated on your voucher shall apply. TOURS & EXPERIENCES advises the user to read carefully the information in the product description.
11.2 In case the cancellation conditions in the product description of your supplier do not differ, the supplier of the tourist services will charge you the following cancellation fees:
a. Up to 48 hours before the start of the activity: full refund.
b. After 24 hours before the start of the activity or if there is no activity: no refund.
11.3 The supplier reserves the right to request a higher, specific compensation instead of the above-mentioned lump sums, insofar as the supplier proves that he has incurred substantially higher expenses than the corresponding lump sum. In this case, the supplier is obliged to quantify and prove the concrete compensation required, taking into account the expenses saved and any other use of the services.
11.5 The reimbursement will be paid by the means of payment used. For credit cards with a monthly charge, the amount is credited at the end of the current billing period. The exact date of the refund depends on the user’s credit card agreement. Reimbursement by means of an account is made within seven banking days.
12. Extraordinary cancellation
If weather conditions, administrative measures, strikes or other unforeseeable or unavoidable external circumstances (in particular force majeure events) prevent the activity from being carried out or make it extremely difficult or dangerous, the supplier may cancel the activity agreed for a specific date without prior notice. In this case, the price paid will be refunded.
13. Exclusion from participation
The supplier has the right to refuse to allow you to participate or to exclude you from an activity if you do not personally meet the conditions of participation, if your participation endangers yourself or others, or if you otherwise cause prolonged disruption to the activity. In such cases, the price paid cannot be refunded.
14. Changes to the programme
Furthermore, the provider reserves the right to make slight changes to the programme, if this becomes necessary due to unforeseeable or unavoidable circumstances.
15. Other conditions
The respective offers may contain other deviating conditions or regulations.
16. Time zone
For the calculation of times and deadlines, the time zone of the supplier or of the territory where the activity is carried out shall prevail.
17. Liability of the supplier of the holiday or tourist service
Under the applicable law, the supplier is liable for his services, liability being excluded to the extent permitted by the applicable law.
18. Modification of these General Terms and Conditions
The General Terms and Conditions of the travel supplier and other tourist services in Part III may be amended for future bookings at any time and without prior notice. The terms and conditions that exist for each individual booking respectively shall apply. The user is not entitled to have future bookings completed in accordance with the existing conditions.