Terms of Use
1. General
1.1 Welcome to the “RAFAELOS” website, a travel service in Barcelona and its surroundings.
1.2 The use and/or purchase on the website are subject to the provisions and terms appearing in this document (hereinafter: “Terms of Use”), which apply unconditionally to every user or purchaser on the site (hereinafter: “the User/s”) after they have entered the site and read these provisions and terms carefully.
1.3 By using this site, you confirm your acceptance of these terms and the website’s privacy policy (hereinafter: “Privacy Policy”), all of which are an integral part of these Terms of Use. You also confirm that you have read these Terms of Use carefully and thoroughly, understood them, and agree that they will apply to you without exception.
1.4 The company may, at any time and without prior notice, change the Terms of Use on the site by updating this document.
1.5 The company may at any time and without notice, at its sole discretion, discontinue or suspend the operation of the website, partially or fully, or amend or change its nature and content.
1.6 The Terms of Use on the site are intended for both men and women and are phrased in the masculine form for convenience only.
1.7 The headings of the sections below are provided for the user’s convenience and orientation and shall not be used in the interpretation of the Terms of Use.
1.9 All images on the website are for illustration purposes only.
2. Purchases on the Site:
2.1 Only users who are over 18 years old and are legally capable of performing binding legal actions are permitted to make purchases on the site. Users making a purchase on the site are obligated to provide correct and accurate details during the purchasing process. No third-party details may be provided.
2.2 When placing an order on the site, the purchaser may be required to provide identifying documents, for example, a copy of a driver’s license, passport, signed credit card, and the like. Identity verification is intended, among other things, to protect the website and/or its users.
2.3 The prices of the tours may sometimes include charges for additional services and handling fees as defined in each order. The prices stated on the website do not include any taxes, and the purchaser will bear any applicable tax, if any, for their order. The prices listed on the website are in the currency specified next to them; however, if no currency is specified, the currency applicable will be the currency of the city where the relevant event takes place.
2.4 The company makes efforts to ensure that the prices stated on the website are correct and accurate. However, if it becomes apparent that there was an error in the price stated on the website, the price to be paid will be the correct and accurate price.
2.5 Payments on the site will be made via credit card.
2.6 Orders on the site are final, and from the moment the order is confirmed by the company, it will not be possible to cancel the order and/or exchange tours and/or receive a refund, except according to the cancellation policy of “Rapalos.”
2.7 Without derogating from the provisions of section 2.7 above, the placing of an order by the user does not guarantee the availability of the tours chosen by the user, and there may be cases where the tours ordered by the user are no longer available at the price and/or quantity specified in the user’s order. An order will be considered confirmed only after being approved by “Rapalos.”
2.8 In the event that a tour is postponed, the tours ordered by the user will be honored on the new date set for the event.
2.9 Refunds will be made in the original currency in which the order was placed. The user will bear the cost of currency conversion, including but not limited to, as required by the user’s bank.
2.10 The user agrees and undertakes to behave appropriately and to comply with all laws and policies in the location where the tour takes place.
3. Intellectual Property:
3.1 The website and its content, including but not limited to copyright in all texts, materials, applications, graphic design, files, codes, images, and trademarks therein (hereinafter: “the Content”), belong to the company and/or to a third party that has permitted it to use them, and they are protected by relevant national and international legislation.
3.2 The user is not permitted to copy, print, save, or otherwise use the website content except for the purpose of placing an order on the site according to these Terms of Use.
3.3 Use of the site and its contents is “as is,” meaning without any possibility of intervention or modification by any user and for private purposes only. It is strictly prohibited to use the site and/or its content, in whole or in part, for commercial purposes or for the purpose of copying, modifying, altering, reproducing, transmitting, presenting, publishing, transferring, selling, or distributing in any way by any user, without the prior written consent of the company.
3.4 Nothing in the site or in what is stated herein, explicitly or implicitly, by estoppel or in any other way, constitutes a license or right to use the trademarks appearing on the site without the written consent of the company.
4. Breach of Terms of Use:
4.1 If the company has reason to suspect that a user has violated any of the Terms of Use, the company shall be entitled, at its sole discretion and without prior notice, to take one or more of the following actions, without prejudice to any right or remedy available to the company under law:
4.1.1 Block the user’s access to the site;
4.1.2 Cancel the user’s ticket orders;
4.1.3 Demand and/or claim from the user any remedy to which it is entitled, including monetary compensation and/or an injunction.
4.2 It is hereby clarified that in the event of a breach of such conditions, the user will have no right to receive any refund from the company.
5. Limitation of Liability:
5.1 The company makes efforts to ensure that the website and its content include complete, accurate, reliable, and up-to-date information, but it does not make any commitment and/or representation regarding their accuracy. Users acknowledge and accept that the company may not control the content and/or security of the site and its services comprehensively, and therefore, the company is not responsible for the security of the site and/or its content.
5.2 Furthermore, the company makes efforts to ensure the maintenance and availability of the site, its content, and its services. However, despite the company’s efforts, the activity on the site may be disrupted, interrupted, suspended, or delayed, permanently or temporarily, due to factors or events that are not under the control of the company or not at its desire.
5.3 Users agree that it is their responsibility to check and assess the site and the content, as defined above, and that the responsibility for any risk that may be incurred by users as a result of using the content, in whole or in part, including but not limited to any decision that users may make based on the accuracy, completeness, reliability, and usability of the content, rests with them.
5.4 Without derogating from the generality of the above, it is clarified that use of the site is on an “as-is” basis, and the company shall not be responsible for any damage and/or loss and/or expense, of any kind and type, which may be caused to users as a result of the use of the site and/or its content, whether or not the company foresaw them, whether or not the company could foresee them, and whether or not.
5.5 The company’s liability in connection with any order, for any damage or expense, of any kind and type, whether or not the company foresaw them, whether or not the company could foresee them, is limited to direct damages only and up to the amount of the order within that purchase.
5.6 For the avoidance of doubt, it is clarified that the company is not responsible for any damage that is not direct damage, including any consequential and indirect damage and any expense of any kind and type, including flight expenses, accommodation, etc.
5.7 Some orders on the site are as part of mediation between the user and a third party. In these orders, the company is only a broker, therefore, among other things, the company shall not be responsible for any loss and/or damage and/or expense arising from the act or omission of a third party and anyone on their behalf.
5.8 The site may offer links, hyperlinks, or banners to other sites, which the company does not supervise or check, their reliability and legality, and everything related to their security and privacy policies. Therefore, the company shall not bear any liability of any kind concerning rights to intellectual property or any other rights of third parties, for content published on the various pages of the site or any other site linked to the site.
5.9 The company shall not be responsible for the use that users make of links to the site, to pages not located on the site, or to other sites, and users undertake to comply with and fulfill the instructions and terms of those sites or web pages and to communicate directly with the providers of those sites or pages regarding issues arising from the entry, browsing, or use of them.
5.10 The company shall not be liable for its inability to fulfill its obligations and/or for any delay in delivery and/or cancellation of an order due to force majeure as defined below. For this purpose, “force majeure” means: fire, phenomenon, or natural disaster of any kind, earthquake, snowstorm, flooding, etc., epidemic, accident, strike, cessation, labor disputes, riots, disturbances, declaration of a state of emergency, acts of terrorism, wars, sabotage, any governmental or legal acts, or any other causes beyond the company’s control.
6. Law and Jurisdiction:
6.1 The laws of the State of Spain shall apply to these Terms of Use, and the exclusive jurisdiction for any dispute arising from them shall be the competent courts in Barcelona.
7. Contact Information:
7.1 For any questions, requests, or inquiries, the user can contact “Rapalos” through the contact form available on the website.
