TERMS AND CONDITIONS

Use of the FAIR DEAL TOURS website


FAIR DEAL TOURS, henceforth “FDT”, offers the use of its website to anyone who wishes (henceforth the “User”), on condition of acceptance of the terms and conditions of use which are detailed below.

FAIR DEAL TOURS EUROPE S.L. (Sole Proprietorship) is a Spanish company with its head office in Spain at Calle Fuerteventura núm. 46. 35100 San Bartolomé de Tirajana, Las Palmas, SPAIN. Tax ID Code No. B-76144104, email: info@toptouristguides.com , registered in the Commercial Registry of Las Palmas, Volume: 2041, Book: 0, Page: 183, Sheet: GC 46478, 1st Entry, 22/01/2013 Year Pre.: 2013 (hereinafter referred to as "FDT"). 

These terms and conditions (which may be modified every so often) are applicable to all services, direct or indirect, available on-line, via any mobile device, by email or by telephone.  In accessing, navigating and using our website or any of our applications available via platforms (“the website”) or be making a reservation, you accept that you have read, understood and agree with the terms and conditions below (including the conditions regarding Privacy.)

The User declares that he is over 18 and has the legal capacity to be bound by this agreement and to use this website in accordance with the terms and conditions of use here laid out and which he fully understands.

These pages, including their content, structure, infrastructure and the online booking service which they supply via this website (“the service”), belong to and are managed and supplied by FDT.  They are for personal use only and may not be used commercially, thus prohibiting their modification, reproduction, duplication, copy, sale or distribution, in whole or in part; any other form of use is also prohibited whether for commercial or other use.  The User thus promises that they will not use this website for illegal or banned activities or purposes.

The User accepts that the Website is for personal use only, and that any products or services acquired via the website of FDT will be for his own use or consumption or by persons who are legitimately authorised by him to act in his name.  The User will not resell products or services acquired via the website to others, and will comply with the terms and conditions specified here.

1. Scope of our services and acquisition of products & services

Via this website, FDT and its affiliates supply an on-line platform via which excursions and activities are offered to users of the webpage, which allow the latter to reserve products and services thus offered.  By making a reservation via FDT (either via internet or by telephone), you will be entering into a direct contractual agreement (legally binding).  The reservations or purchases made by the User via this website are subject to the specific terms and conditions which each supplier establishes in each case.

As the information which we show is based on the information given to us by different suppliers, we can neither check nor guarantee that this information is exact, complete or correct, except in the cases of products and services supplied directly and completely by FDT.  We are also not responsible for errors (whether of fact or typographical), interruptions in the service (due to temporary faults and/or loss of server or repairs of same, updates and maintenance of the website or for any other reason), or inaccurate, misleading or false information supplied by third parties.

The User agrees to accept and be bound by the terms and conditions applied by any supplier which the User chooses to contract via this website, including, as an example but not limited to, payment of any amount payable, compliance with all rules and restrictions regarding availability of tariffs, products or services and any other conditions which become apparent to the User on screen prior to the completion of the reservation.

Our services are purely for personal and not commercial use. Therefore, it is prohibited to resell, use deep-links, use, copy, monitor (for example with spider or scrape), show, download or reproduce the content, information, software, products or services supplied on our website for any commercial or competing activity.

The provider, whether of a product and / or of a service, each within the scope of their respective obligations, shall be liable to the User for the compliance with each and every one of the obligations which derive from the existing legal requirements and the terms and conditions of sale of each of the products and services contracted, and in which FDT assumes no obligation or liability in respect of those products or services which it does not supply directly.

Without prejudice, and as part of our User help service, in the course of the transaction between the  User and the selected supplier of the goods or services promoted by FDT, the User authorizes FDT, as its representative of payment of the service, to act where necessary to ensure the correct payment of the service/product between the supplier and the User, and to take any necessary action, especially in respect of the payment of said product or service to the supplier of said product/service.  Where FDT advances money on behalf of the User, in any and all circumstances in which the service is not used or remains unpaid, the User will be liable to refund to FDT the total of these monies.  

In accordance with Article 27 of Law 34/2002, of July 11th, of the Information Society, electronic documents generated by the execution of the contract for the purchase of products and / or services, will be filed in the records maintained by FDT for this eventuality and will be accessible by the User at any time, via request by the latter to FDT.

2. Prices

The prices which appear on our website are final prices as given by the tourist guides bookable via the FDT Web Portal and include taxes and administration fees, except in case of typographical, administrative or technical error.

It's the Tourist Guide who sets his price, currency and method of payment; FDT takes no part in any decision, negotiation, bartering or arbitration regarding these; however these will be confirmed on booking.

The currency and amount payable for the services shall be indicated on the confirmation of the booking between the parties. 

The price, when given on the FDT Web Portal, unless otherwise indicated, is for a private tour with a maximum number of participants as indicated and confirmed on the booking.  Should the User then ask for further persons to join the same tour, this may change the price.

3. Privacy

FDT uses high ethical standards and respects your privacy, protecting your personal data. Except for the disclosure required by law in each jurisdiction, and your name, email address and details of your credit card information which are required to complete the booking, we will not disclose your personal information to third parties without your consent. However, we reserve the right to disclose your information to our affiliates (within and outside the European Union), to our employees, to these companies and to our trusted agents and representatives, who can access this information with our authorization and who need to know it or to have access to it in order to offer our service (including customer services and internal services such as audits and legal compliance). You may consult our privacy policy for more information.

4. Links with other Webpages

The FDT Web Portal may have links to other Webpages that are not managed by FDT, all these others Webpages are included in our Web Portal only for reference purposes and to help our Users to find other offers and as informative references. FDT does not have any control over these Webpages and cannot be found responsible for their content, errors (whether of fact or typographical), misleading or false information supplied by third parties 

The inclusion of these links to other Websites in the FDT Web Portal does not suggest that FDT guarantees promote or recommends these sites and FDT does not emit any valuation of the content, owners, services or products offered therein and for the reasons given about FDT assumes no obligation or liability in this respect.

5. Hyperlinks

FDT hereby grants a strictly limited right to make a text hyperlink to the Web page for non-commercial purposes, on condition that such a link does not portray FDT or its products or services in a false, misleading, derogatory, or defamatory way. Any site linking to FDT must not contain “adult” or illegal material, or any material which could in any way be considered offensive.  This limited right may be annulled at any time.  The FDT logo or other trademarked graphic of FDT may not be used on any other site without the precise written authorization of FDT; it is further prohibited to use any other technique to extract or use any information which appears on the FDT website.  (Without the express written consent of FDT) The granting of the above right does not in any way imply that any other right may be granted or assumed.  By extension any third party rights are similarly protected. 

6. Content posted on the FDT Web portal and use of communications forums.

6.1 FDT will be the sole arbitrator of taste, legality, decency and truthfulness, and in general the sole judge of what it permits on any part of its website.  Nevertheless this does not place FDT under any obligation to monitor, review, filter, control, approve or edit any of the content the User or members choose to post, whether privately or publicly; therefore any consequences arising from anything you post on our site as well as these email messages and other types of messages sent by the users or members, will be your own responsibility and at your own risk.  We are under no obligation to inform you prior to modifying or deleting any content. Under certain circumstances and if you are found to break the Terms and Conditions, FDT reserves the right to delete and/or modify anything posted on its site for whatever purpose and however posted without any prior notification. 

6.2 Anything posted publicly on the FDT website will automatically become the property of FDT to dispose of and/or exploit as it sees fit, without limit and in perpetuity.  This will include any photographs or other personal information posted publicly by you, without limit and in perpetuity.  You thus agree to waive your right to privacy regarding said postings.  You must own the copyright or other rights to anything you post and you agree to indemnify FDT in the case of negative consequences arising from your posts.  You agree that in no circumstances shall FDT be held liable for consequences arising from your posts.

6.3 FDT allows the User to send reviews and comments about the products and/or services on the FDT Web portal. In doing so, the User grants FDT the right -- non-exclusive, exempt from copyright, perpetual, irrevocable and totally transferable to third parties -- to use, reproduce, modify, adapt, publish, translate, create derived products of, distribute and display these reviews and comments all over the world and through any means of communication. Furthermore, the User also grants FDT, and collaborators and/or its sublicenses, the right to use the name that accompanies this review or comment, if pertinent.

6.4 Any form of harassment, invasion of privacy of a third party or threatening behavior is strictly prohibited.  “Spam” or anything which may be construed as “spam” is likewise prohibited, along with the diffusion of viruses or other “threats”. The User also agrees not to calumny, insult and/or bullies the other users or infringes in any way their legal rights as well as not to publish, send by email or distribute in any way defamatory, indecent or illegal materials or information. Notwithstanding, FDT does not and cannot guarantee that its website is spam-, threat- and/or virus- free and thus you agree not to hold FDT responsible in any form, legal or otherwise, for any damage, injury, aggravation, deterioration, loss or detriment of any kind to anything.

6.5 FDT may carry advertising from third parties. When you choose to deal with one of these third parties, it is your responsibility to satisfy yourself as to all aspects of any transaction; FDT will not be held responsible or liable for any loss or damage arising from such interactions.

6.6 FDT will do its best to ensure, to the best of its capacity, that the relations between Tourist Guides and Users remain friendly and professional at all times and that the Web portal of FDT do not include offensive, irreverent or indecent materials. In any case, if you believe that something on our Web portal does not comply with these principles or infringes you believe or that a User has posted material which infringes these principles or a copyright to which you have the rights, or that we have links to any site which does this, you should inform us immediately of the assumed infringement by sending us an email at the following address:

customer.service@fairdealtourseurope.com 

We will do our best to remove any statements that may infringe any right or violate any legal provision without delay and advise our Users/Members via a posted message, email, or other suitable method of the above.

7. Member disagreements and disputes

In general FDT is under no obligation to arbitrate in any conflict between members/Users and other Members/Users.  We may however choose to take action should we find evidence of a breach of any of our terms and conditions.

8. Credit card

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

We keep your credit card details for a maximum of 30 days after the reservation is made.  After this time, your credit card information will be irretrievably deleted from our system. 

9. Cancellation policy

If you want to review, modify or cancel your reservation, please consult your e-mail confirmation and follow the instructions supplied.  Please note that cancellation fees may apply in accordance with the conditions laid down by the individual supplier but where this is not specified individually shall be as follows:

9.1 Forfeiture of 100% of the payment for the reservation: If the reservation is canceled within 24 hours of the service. The computation of the 24 hours will commence from the prebooked time of commencement of the service reserved by the User.

9.2 Forfeiture of 30% of the prepayment made for the reservation, if the cancellation is made 48 hours or less before the time of commencement of the service reserved by the User.

9.3 In case of non-presentation at the appointed time and place by the User to avail himself of the service, there will be no right to refund of payment made prior to the contracted service

10. E-mails and additional correspondence

When making a reservation, you accept the reception of an email in which you will receive information about the reservation made, as well as information about the product or service contracted and other possible offers.

Un-validated Memberships: If you register for the FDT Web Portal Service, and you receive a validation email, but fail to validate your Membership within the next 48 hours then we could get in contact with you via email within the next 30 days at your registered email address to notify you of the invalid status. Should you fail to respond to these notifications then we may send you one final notice before the un-validated Membership is removed. 

FDT also sends a bulletin to inform you about new features of interest to members. As a member of the FDT Web Portal you could also receive alerts and instant messages from FDT. You may opt out of these updates and change your privacy preferences at any time. You may also receive email notifications when you have new mail in your profile inbox account.

Users and Tourist Guides could receive emails from FDT on a regular base to improve the service. The registered User of FDT Web portal can determine whether to receive certain emails by going to their Privacy Preferences and change their settings on the menu. 

Notification of unread messages: If you have a number of messages waiting for you in your FDT Web Portal Service mailbox, and you have not logged in to the service for an extended period, we may at our discretion contact you via your registered email address to notify you of the unread messages. Should you still not read and remove these messages then we may remove the messages as part of our data cleansing process. 

If you no longer desire to get our bulletin and promotional communications, you may opt-out of receiving them by following the instructions included in each bulletin.

11. Disclaimer and Limit of liability

Subject to the limitations set out in these terms and conditions, and to the extent permitted by law, we shall only be liable for direct damages suffered, paid or contracted, which are incurred because of shortcoming/s which are attributable to our obligations in respect of our services, up to an amount not exceeding the total cost of your reservation.

The User accepts responsibility for the financial consequences arising from use of this Website and arising from use of the User's FDT password for the website, as well as for the use of passwords (which have been input in order to be registered on the website) by the User for a third party. The User therefore declares that all information provided by him in order to access this Web site and during the use of same is authentic, complete and true, and commits the User to keep his information updated at all times. The User who access the FDT Web Portal is also responsible for compliance with the local law.

FDT makes every effort to keep its website up to date, maintained and operational, offering users this site as a tool for obtaining goods and services, however, FDT cannot guarantee the absence of glitches, total Web security (such as like viruses, bugs, Trojan horses, or any others which may be transmitted to or through our Web Portal by any third party), or that it will be operative 24 hours a day, seven days a week at all times.

FDT provides different information about products and services provided or offered by third parties (Tourist Guides) through its Website, and therefore FDT assumes no legal responsibility for untruthfulness, lack of fidelity, inaccuracy and / or updating of the reviews contained in offers of products and / or services published on the website by the different providers of products and / or services. Similarly, FDT is not legally responsible for the reviews, data and information given via the Web or via the physical catalogues of collaborators.

In any case, FDT assumes no liability for any damages that may be caused accidentally, directly or indirectly, in the purchase of a product or by providing a service offered by a website unrelated to ours, by negligence by a provider of a product or service or other causes beyond the control of FDT.  FDT also assumes no responsibility for those products and / or services of others which, even when offered on the website of FDT, are not directly managed by us. The limitation of liability of FDT is that provided by the applicable law and, in particular, by the specific regulation of the field of tourist intermediation.

FDT is not responsible for any arrangements made between you and the tourist guide contracted in the country/city you wish to visit.

If for reasons of force majeure (including by declaration, also by social, political or economic unrest, strikes, injury, fire, weather,  or by any instability affecting public safety in general or the User in particular), there were deficiencies in the reservation, confirmation and / or execution of any trip or contracted service via FDT like, among others, a delay, changes in schedule, strikes, injury, weather, fire, theft, quarantine or any other incident beyond FDT ability to control, and in situations which could not be predicted or solved by FDT, or where the fulfillment of some or all of the contracted services was/were impossible, FDT and /or FDT partner companies are excluded from any legal liability arising from these shortcomings or failures.

12.   Miscellany

Unless otherwise stated, the software required for our services or used on our Website and the intellectual property rights (including copyright) of the content and information, as well as the material on our website are the property of FDT.

To the extent permitted by law, these terms and conditions and our services shall be governed by and interpreted in accordance with the current legislation in Spain, and any dispute arising from these terms and conditions and our services shall be submitted exclusively to the courts with jurisdiction over San Bartolomé de Tirajana, Gran Canaria, SPAIN

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