Terms and Conditions

GENERAL TERMS AND CONDITIONS
OUR TOURS
ORDERS AND BOOKINGS
WEBSITE CONTENT
AGREEMENT

GENERAL TERMS AND CONDITIONS

The use of https://argonautbarcelona.com and https://argonautaviatges.com, including all services provided by MONTSERRAT CARDONA SENZ, is subject to the following Terms and Conditions. They apply to all site visitors, customers, and all other users of the websites. By using the websites or their related services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

The terms “we,” “us,” and “our” refer to MONTSERRAT CARDONA SENZ. The terms “sites” and “websites” refer to https://argonautbarcelona.com and https://argonautaviatges.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The term “service” refers to services provided by https://argonautbarcelona.com and https://agonautaviatges.com.

INFORMATION ABOUT THE PURPOSE OF THE WEBSITES

The website https://argonautbarcelona.com is a shop online site about tours in Barcelona and the Catalonia area. It is specialized in local life and cultural tours, carried out either by MONTSERRAT CARDONA SENZ or collaborator guides of this project.

The website https://argonautaviatges.com is an informative site about tours out of Spain, following the aim of MONTSERRAT CARDONA SENZ, to promote the knowledge between different cultures across the world. The tours will be carried out, as a guide (tour leader), either by MONTSERRAT CARDONA SENZ or collaborator guides of this project. The organizer of those tours will be an independent travel agency. We will put you in contact with the travel agency organizing the tours of your interest, after we receive your written consent to do so.

USERS AGE

To access or use the website, and to book/purchase our services, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions.

CONTENT OF THE WEBSITES

Information provided on the websites and in the services related to tours are subject to change. MONTSERRAT CARDONA SENZ makes no representation or warranty that the information provided, regardless of its source (the “content”), is accurate, complete, reliable, current, or error-free. MONTSERRAT CARDONA SENZ disclaims all liability for any inaccuracy,error, or incompleteness in the content.

CHANGE OF TERMS AND CONDITIONS

We may at any time amend these Terms and Conditions. Such amendments will be valid from the moment they are published (unless otherwise stated) or when they are notified to the client (whatever happens first). Any use of the websites and their services by you after being notified means you accept such amendments.

We reserve the right to update any portion of our websites or related services, including these Terms and Conditions, at any time. We will post the most recent versions to the websites and list the effective dates on the pages of our Terms and Conditions.

LAWFUL PURPOSES

You may use the websites and their related services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the website.

OUR TOURS

TOURS INCLUDE

Licensed tour guide for the number of hours booked. Professional driver and luxury vehicle with car insurance (only in case you book transportation services). VAT (Value Added Tax). Note: drivers are service providers and they are not operated by us.

Pick-up/drop offf: tours start in the Barcelona area at an agreed meeting point which can be a hotel, monument or the pier port (in case of cruise clients). The tour may end at the same or another point of the client’s interest, always in the city area.

TOURS DON’T INCLUDE

Entrance fees: we might need to charge you the cost of some tickets upon booking, in case we need to book them in advance to guarantee access.

Public transportation tickets or taxi fare: in case it is necessary during a tour.

Airport or hotel around the airport area pick-up/drop off: there is a fee for this service as those facilities are out of town.

Meals or drinks (even in gastronomic tours)

Luggage handling: there is a fee for handling luggage regulated by the transportation companies.

Credit card commissions: if there is any extra money the client needs to send us (other than the tour cost).

Paypal fees: in case the client requests to send us extra money via Paypal (other than the tour cost).

Medical expenses and insurance.

Tips/Gratuities: in Spain tipping is not mandatory but it shows your appreciation of our services. Tips are at your own discretion.

CHANGES ON TOURS

Changes on time and date will depend on our availability. In case of a tour including tickets, there will be not refund of those tickets and you will have to pay them again for the new day and time. We cannot guarantee the availability of the new tickets. You can ask for a change until three days before the arranged tour.

Itinerary changes by the client implying more hours than the agreed will have an extra cost and will depend on the guides and drivers (if it is the case) availability.

Itinerary changes due to weather conditions, traffic or any other situation out of our control will not imply any refund or an extra duration of the tour.

CHAUFFEURED SERVICES

Canceling a driver: if you have booked a service with a driver and then cancel the driver and prefer to do the walking tour, cancellation fees will apply. Last minute changes (less than three days) will have no refund.

Changing vehicle: if you have booked a tour with a vehicle for a certain number of people and then change the number of people and need larger / smaller vehicle, the change will depend on the availability of vehicles and drivers. Last minute changes (less than three days) will not be accepted.

We do not own the chauffeured services used during the tours by car, minivan or coach. Consequently, we will not be responsible for any negligence or malicious act or failure of others.

NOTICES

All notices, requests, demands, and other communications under this agreement shall be in writing and properly addressed as follows:

Montserrat Cardona Senz
Address: Av. Meridiana, 586 ap.302 – 08030 Barcelona (Spain)
Contact: info@argonautbarcelona.com for https://argonautbarcelona.com users and argonauta@argonautaviatges.com for https://argonautaviatges.com users.

ORDERS AND BOOKINGS

ACCEPTANCE

The services are offered subject to our acceptance of your order or request. No order or booking is deemed accepted by us until payment has been totally processed.

CONFIRMATION

We will email you to confirm the placement of your order or bookings and with details concerning your booking or purchase. In the event that there is a mistake in this email confirmation, it is your responsibility to inform us as soon as possible.

REFUSAL OF SERVICE

We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the websites or services, subject to us fulfilling our previous responsibilities to you, based on acceptance of your payment.

PAYMENT

Full payment is needed in order to secure our services. Tickets to museums or monuments should be payed through bank transfer.

CANCELLATION POLICY

Any cancellation must be initiated by e-mail contacting us at info@argonautbarcelona.com for https://argonautbarcelona.com users and at argonauta@argonautaviatges.com for https://argonautaviatges.com users, and will be also acknowledged by MONTSERRAT CARDONA SENZ via e-mail. Cancellation notifications by phone will not be accepted.

Weather conditions: tours are carried rain or shine. Bad weather is not a valid reason to cancel a tour.

Circumstances beyond our control: MONTSERRAT CARDONA SENZ is not liable for reduced/cancelled itineraries due to circumstances beyond our control such as flight delays, ships unable to dock for whatever reason or unscheduled closures of tourist sites. Therefore, adequate insurance is strongly advised.

Special cases: other major force cancellations might be discussed to reach an agreement. A verification of the reason why the tour was cancelled will be requested.

REFUND POLICY

Cancellations up to 15 days: 5% of the total cost of the cancelled services will be kept as cancellation fee, plus any applicable exclusions detailed below.

Cancellations between 7 and 15 days before the tour: A 20% of the total cost of the cancelled services will be kept as cancellation fee, plus any applicable exclusions detailed below

Cancellations from 7 to 3 days before the tour: 25% of the total of the cancelled services will be kept as cancellation fee, plus any applicable exclusions detailed below,

No refund will be given for cancellations received and notified less than 3 business days before the tour start.

Cancellations received from Friday afternoon until Monday morning, will be accepted as «received and notified» from Monday morning.

No-shows: If the client hasn’t shown up nor made contact with us, via the tour guide telephone provided in the booking form, within 30 minutes after the booked starting tour time, we’ll consider it is a no-show and no refund will be given. Clients booking an airport pick-up tour must contact us ASAP if their airplane is delayed or cancelled (detailed instructions are provided upon booking). Failure to contact us to announce a delay will result in no-show declaration.

Cancellation of part of the total booked services: when several services have been booked and the client needs to cancel only part of them, the above policies will be applied only to the cancelled services part. If the cancellation takes places less than three days before the service date, no refund will be given.

In case a member (or several members) of the group cancel the tour, we won’t be able to refund the proportional part to the person or persons not attending the tour, as the service will still be up because our fees are per tour, not “per person”.

Refunds will be via Credit Card or Paypal, 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.

Special cases: cancellations by force majeure will be studied in order to reach an agreement.

EXCLUSIONS

The above stated refundable amounts don’t include: any non-recoverable upfront costs incurred by us on your behalf.

Tickets are non-refundable and we will retain them to use as fit in case of cancellation. If the client wishes to be sent the tickets, it will be possible to claim them as long as the client pays the cost of our ticket booking services.

WEBSITE CONTENT

COPYRIGHT

All rights reserved: all photos and videos published in this website are either taken and owned by the owner of this website, by other guides collaborators for their own exclusive tours, or other collaborators providing them. Photos could be also taken from public domain with no need to attribute the author or published under the Creative Commons License.

INTELLECTUAL PROPERTY

The websites https://argonautbarcelona.com and https://argonautaviatges.com and their services, contain intellectual property owned by MONTSERRAT CARDONA SENZ, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the websites and their services content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from our services, without refund, if you are caught violating this intellectual property policy.

AGREEMENT

LIMITATION OF LIABILITY

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service. Additionally, we will not bet liable for damages in connection with any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; nor due to loss of revenue, anticipated profits, business, savings, goodwill or data; neither do to third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.

The foregoing applies even if we have been advised of the possibility of or could have foreseen the damages.

In case the exclusion or limitation of liability for the damages didn’t apply, our liability is limited to the fullest possible extent permitted by law. In no event shall we cumulative liability to you exceed the total purchase price of the Service or Product you have purchased from us, and if no purchase has been made by you, our cumulative liability to you shall not exceed the amount of 50 €.

GOVERNING LAW, VENUE, MEDIATION

This Agreement shall be construed in accordance with, and governed by, the Spanish laws as applied to contracts that are executed and performed entirely in Spain. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Barcelona – Catalonia (Spain).

The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of Spain or any other procedure upon which the parties may agree.

The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the websites or services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary.

You shall not settle any third party claim or waive any defense without our prior written consent.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sub-license by you is invalid.

INVALIDATION

If any part of these Terms and Conditions were declared invalid by the competent authority, the reminder of the Terms and Conditions will remain completely valid. Whenever possible, MONTSERRAT CARDONA SENZ retains the right to integrate and interpret all the parts that wouldn’t have been declared invalid by such authority.