USA: +1 754.551.3097
SPN: +34 678242857
BASQUE BITES • Standard Terms and Conditions
The following terms and conditions of BASQUE BITES cover the booking of walking tours, food tours, tastings and classes (collectively referred to as “Experiences”).
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. What is covered by the terms and conditions
a) BASQUE BITES organises Experiences.
b) The tours arranged by BASQUE BITES can be booked for specific Experiences set by BASQUE
BITES in advance (e.g. "El Classico-Pintxo Hunting Dinner") or for day tours that customers can tailor according to their preferences.
3. Conclusion of booking contract
a) Specific bookings for Experiences with BASQUE BITES must be made in writing or by e-mail. Bookings are deemed to be a binding declaration of intent on the part of the customer.
b) No contract shall be formed with BASQUE BITES until BASQUE BITES has confirmed the booking with the customer in writing or by e-mail ("Booking Confirmation").
c) Similarly, any changes to a binding booking may only be made in writing or by e-mail.
d) A cap on the number of participants per guide applies for certain Experiences. BASQUE BITES will advise the customer of any such limitations in its specific quote. If the desired group size exceeds the cap on participants in any particular case, BASQUE BITES will offer to book an additional guide for the customer; in such cases the group will be divided between the
4. Payment details
basquebits.com USA: +1 754.551.3097 SPN: +34 678242857
a) Where the customer is required to prepay but their credit card is declined (e.g. because the customer provided incorrect credit card details or their credit limit is exceeded), BASQUE BITES is entitled not only to refuse to provide its services, but also to rescind the contract.
b) If the customer has prepaid by credit card and a refund is owed to the customer after the provision of BASQUE BITES's services (e.g. if a guide is sick), the relevant amount will be refunded to the customer in the payment manner selected by the customer. If there are amounts still payable by the customer after the provision of BASQUE BITES's services, the outstanding payments will be billed to the customer retrospectively and charged to the customer's nominated credit card or Paypal accordingly.
All details and the description of the Experiences in brochures and on the internet etc. are merely provided as a general indication of the services available. They do not constitute a guarantee of a certain way of running the Experiences. BASQUE BITES is liable only for providing the services expressly stated in the Booking Confirmation.
6. Changes to the service and price changes
a) The agreed booking may be changed or varied as long as the changes or variations are reasonable for the customer having regard to BASQUE BITES's interests. In particular, changes and variations shall be deemed reasonable if they are immaterial and do not have a significant negative impact on the overall configuration of the booked tour, or if they are the result of external circumstances outside BASQUE BITES's control, e.g. blocked streets, museum closures, last-minute illness of the guide etc. BASQUE BITES has an obligation to notify the customer of service changes or variations without undue delay. If applicable, BASQUE BITES may offer the customer the opportunity to rebook at no extra charge. The customer is entitled to rescind the contract if the changes or variations are not reasonable for the customer having regard to BASQUE BITES's interests.
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 45 minutes. If the tour group is delayed by more than 45 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 Donsotia-San Sebastián, the guide's work time shall be extended accordingly and any travel costs incurred and the additional work time will be charged.
7. Cancellation and rebooking by the customer; failure to show up
a) Customers may cancel their booking free of charge by notifying BASQUE BITES in writing, by e- mail, WhatsApp, SMS Text or by telephone 24 hours before the start time of their scheduled booking. After such time, a cancellation fee of 100% of the costs of the tour applies – in such a case the customer is required to pay the agreed price in full. Relevant for the purposes of determining the date of cancellation is the date on which BASQUE BITES receives the written or e-mailed (at the e-mail address stated in the Booking Confirmation) notice of cancellation.
b) The agreed price is also payable in full if a customer or a group fails to show up for a booked tour.
c) In all cases, the customer is allowed to prove that BASQUE BITES did not suffer any damage or
suffered substantially less damage as a result of the cancellation or failure to show up. Notwithstanding the fixed amount referred to above, BASQUE BITES reserves the right to demand higher compensation based on individual calculations.
d) BASQUE BITES reserves the right to apply more restrictive cancellation conditions during peak booking periods, trade fairs and for tours scheduled on public holidays. The relevant quote and Booking Confirmation contain details of the modified cancellation period and the associated terms and conditions of cancellation.
e) Depending on the work involved, administrative fees of up to EUR 30 may be charged for extensive re-bookings, changes and the cancellation of services that have already been booked and are the subject of a binding agreement (buses/guides). Such matters are otherwise governed by the above terms and conditions of cancellation.
8. Limitation of liability
For damage other than personal injury, we shall only be liable if the damage was caused by our intentional misconduct or gross negligence, or by a breach of material contractual obligations (major obligations). If BASQUE BITES negligently breaches its major obligations, its liability shall be limited to such loss or damage which is reasonably foreseeable in connection with the contract. BASQUE BITES's liability shall in any event be limited to three times the value of the offered services. This limitation of liability also applies to BASQUE BITES's vicarious agents.
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.
Last updated: 07/2018