• terms of business

    TERMS OF BUSINESS

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Last Updated: November 13th, 2018

Terms of Business

These Terms of Business are divided into two parts:

I. General Terms of Business of Run Fun Sights
II. General Terms of Business of Suppliers of Running Tours

Run Fun Sights provides visitors and suppliers of touristic services with this booking platform. The contracts are concluded directly between users and suppliers of touristic services. Run Fun Sights is not a contracting party for booked tours and other touristic services.

I. General Terms of Business of Run Fun Sights
1. Booking
1.1 Booking a tour
1.2 Eligibility to book/reserve
1.3 Truthfull information
1.4 Communication
1.5 No offers
1.6 Booking process
1.7 Obligation concerning the Request
1.8 Acceptance of the Supplier
1.9 Eligibiliy Requirements
1.10 Supplier Communication
1.11 Cancellation of a booking/reservation
1.12 Service Fee
2. Legal relationship with Run Fun Sights
2.1 Position of Run Fun Sights
2.2 Your liablity
2.3 Liability of Run Fun Sights
2.4 Changes of these General Terms of Business
2.5 Applicable Law

II. General Terms of Business of Suppliers of Tours and other touristic Services
1. Acceptance of Bookings/Reservations
2. Truthful Information
3. Arrival at venue, and compliance with rules
4. Conditions of Participation
5. Binding Nature of Inquiry
6. Payment
7. Cancellation
8. Personal Responsability for Insurance
9. Extraordinary Cancellation
10. Exclusion from Participation
11. Progam Changes
12. Time Zone
13. Liability of the supplier of the tour or touristic service
14. Changes of these General Terms of Business
15. Applicable Law
16. Photos and Videos

LEGAL NOTICE

TERMS OF USE

I. GENERAL TERMS OF BUSINESS OF RUN FUN SIGHTS

Introduction
These General Terms of Business control the usage of the Run Fun Sights website, subdomains and other Run Fun Sights owned websites when you reserve a service. Furthermore, the "Terms of Use and the Privacy Statement of Run Fun Sights" are applicable for the Run Fun Sights website.

Upon booking a tour, you agree to these General Terms of Business, the"Terms of Use and the Privacy Statement of Running Tours Barcelona" as the contents of your legal relationship with Running Tours Barcelona and the mediated supplier, respectively.

1. Booking

1.1 Booking a tour

When you book a tour, you will enter personal information that will, as far as necessary, be forwarded to the mediated to the supplier (running tour company) during the course of the booking process.
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1.2 Eligibility to book/reserve

Booking is restricted to actionable persons. In the case of booking of a company or a legal body, the person conducting the booking must have proper authorization to act in the name of the company or legal body, respectively.

You need to book with your official name. Bookings under a pseudonym are not allowed. Run Fun Sights may delete accounts and booking under wrong names, pseudonyms etc.
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1.3 Truthfull information

You are required to provide accurate information. Run Fun Sights is not liable, if a booked service cannot be carried out or other damages occur, because of wrong information.
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1.4 Communication

If you book a certain service, all booking and payment processes, cancellation of the booking etc. need to be conducted using the specific communication channels on the Run Fun Sights platform, to which you receive links in the e-mails Running Tours Barcelona sends you upon completion of the booking process. Otherwise there may be difficulties in the proper completion or termination of the contract. In this case, Run Fun Sights is not liable.
Communication directly with the supplier is done via the suppliers own email and outside the Run Fun Sights platform.
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1.5 No offers

The published tours and other services are non-binding offers.
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1.6 Booking process

If you decide to book a specific tour or other touristic service, you need to make the request through the relevant booking interface on the Run Fun Sights website and enter accurate information. The request needs to be dispatched by pressing the button “continue”. It’s a pre-requisite that you agree to the General Terms of Business and Service as well as the General Terms of Use and Privacy Statement.
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1.7 Obligation concerning the request

You are bound to your request (offer) for five working days. For calculation of time, the time zone of the supplier is authoritative.

1.8 Acceptance of the Supplier

The supplier offering the requested tour or other touristic service, will answer your request within 48 hours. Upon the acceptance of the request, the contract between you and the supplier becomes effective. If the supplier declines the request, the contract between you and the supplier of the service does not become effective. You will be notified for the acceptance or non-acceptance of your request via e-mail.

The supplier provides the agreed services under his own behalf and on his own account.

If your booking is made within 48 hours of tour departure, Run Fun Sights provide no guarantee that the supplier will respond in time of the tour and if you do not receive an acceptance before the tour departs, then your booking is not effective and your money will be refunded (in case of a pre-payment).
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1.9 Eligibiliy Requirements

The supplier may set eligibility requirements for his products. These you will find in the product description. You are self-responsible to fulfill these requirements. The supplier is entitled to disapprove or exclude you from a certain service, in case that you do not fulfill the requirements. In this case, there will be no refund.
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1.10 Supplier Communication

The supplier of the touristic service needs to conduct booking/ confirmations, as well as all other communication via email. Thus, you should check the e-mail in the given during booking/reservation for new messages and check your spam folder if you do not receive any emails.

Suppliers are free to contact and liase with clients that have booked with their company via the Run Fun Sights network – before and after a booked tour.
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1.11 Cancellation of a booking/reservation

If you need to cancel a booked service it is mandatory to contact Run Fun Sights via our "contact form
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1.12 Service Fee

Run Fun Sights will charge every tour booking with a 10% service fee of the overall tour price to cover the customer service and company expenses.
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2. Legal relationship with Run Fun Sights

2.1 Position of Run Fun Sights

Run Fun Sights provides you with this booking platform, so that you can get in direct contact with the service provider of your choice and make a booking. The contract relating to the service booked is directly between you and the supplier of the service. Run Fun Sights is not a contractual partner for the booked service. Run Fun Sights acts solely as the mediator between you and the supplier of the tour or touristic service.
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2.2 Your liability

If you cause any damage to Run Fun Sights, you will be held responsible for it.

If you have not made a booking, you are subject to the General Terms of Use.
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2.3 Liability of Run Fun Sights

If you make a booking Run Fun Sights is only liable to you in cases of gross misconduct (including gross negligence). Run Fun Sights is not liable for slight negligence, auxiliary persons and the mediated supplier and their auxiliary persons. The liability is limited to the immediate damage, excluding consequential damages, loss of profit etc. The liability for punitive damage compensation is also excluded. Further limitations of liability or liability exclusions in these Terms or applicable legal provisions are reserved.

The liability for computer viruses, spyware programs and other damages caused by computer programs is excluded.

If you have not made a booking yet, you are subject to the General Terms of Use.
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2.4 Changes of these General Terms of Business

These General Terms of Business may be changed by Run Fun Sights at any time without prior notice. For each booking, the currently effective Terms are applicable. The user has no guarantee that future booking will be completed under the existing conditions.
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2.5 Applicable Law

The legal relations with Run Fun Sights are exclusively subject to Spanish Law. Barcelona, Spain is agreed as the exclusive venue of jurisdiction.
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II. General Terms of Business of Suppliers of Tours and other Touristic Services

Introduction
These General Terms of Business apply to the contracts between the users of www.runningtoursbarcelona.com, (and subdomains, www.runfunsights and other Run Fun Sights owned websites) and the suppliers of tours etc.
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1. Acceptance of Bookings/Reservations

The supplier only accepts booking by persons fully capable of acting and with full legal competence. Legal persons have to act by a duly authorized person.
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2. Truthful Information

The information provided on the Run Fun Sights booking platform must be truthful. The supplier reserves the right to cancel a booking when incorrect information has been provided.
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3. Arrival at venue, and compliance with rules

You are responsible for timely arrival at the meeting point. If you are arriving to the booked activity from abroad, you are personally responsible for the necessary travel documents (passport, etc.), compliance with health regulations, etc.
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4. Conditions of Participation

You are personally responsible for compliance with any conditions of participation. The provider reserves the right to exclude participants, who do not meet these conditions, from the activity. In this case, a refund is not made.
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5. Binding Nature of Inquiry

The contract between you and the provider is concluded when the suppliers accepts your booking request. By booking a tour or other activity, you are submitting a binding offer to the supplier, to which you are bound for 5 working days. If the supplier accepts your offer within this period, the contract is definitely concluded. You will be notified via e-mail. >
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6. Payment

Your credit card will be charged upon booking. If the provider does not accept your booking, the charged amount will be credited back (in case of pre-payment).
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7. Cancellation

If you need to cancel a booked service it is mandatory to email Run Fun Sights via contact form. If
  • you are entitled to cancel your booking up to 4 workdays before the booked tour date, free of charge. There will be in this case be a refund of the tour price.
  • If you cancel a booking between 3 and 0 days before the booked tour date, or if you do not attend the tour, there will be no refund.
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8. Personal Responsability for Insurance

Insurance is not included in the price. You are personally responsible for a sufficient insurance coverage. The extent of insurance need depends on the booked activity. Tour providers can under no circumstances be held liable for any damages, injuries, accidents etc. that you incur during a booked tour.
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9. Extraordinary Cancellation

The supplier can cancel the activity without adherence to the cancellation period if weather conditions, governmental actions, unforeseeable or unavoidable external circumstances endanger or make carrying out the activity impossible or substantially more difficult.
This is done under exclusion of any compensation for damages or other claims under what legal basis whatsoever.
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10. Exclusion from Participation

The supplier has the right to refuse admittance or exclude you from an activity if you do not meet the eligibility requirements, or if your participation puts you or others at risk, or otherwise interferes with the proper conduct of the activity. In these cases, the price paid cannot be refunded.
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11. Progam Changes

The supplier further reserves the right to make minor program changes, if deemed necessary due to unforeseeable or unpreventable circumstances.
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12. Time Zone

For time and date calculations, the time zone of the supplier shall apply.
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13. Liability of the supplier of the tour or touristic service

The supplier of the tour or touristic service is liable according to applicable law. The liability is excluded to the extent permitted by applicable law.
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14. Changes of these General Terms of Business

These Terms of Business are subject to change without prior notice. The terms that are valid at the time of each booking shall apply. The user has no claim that future bookings be completed under existing conditions.
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15. Applicable Law

The legal relationship between users and suppliers of services shall be in each case governed by the applicable law.
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16. Photos and Videos

Run Fun Sights and the Run Fun Sights suppliers have the right to use any photo, video and other material from all running tours. If participants do not want any pictures or videos of themselves to be used by Run Fun Sights or their suppliers, then participants must inform the supplier prior to tour departure.
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