Terms and Conditions

Foodguyde Guided Tours
Arno Neeleman
Calle Mayor 7
34468 Boadilla del Camino, Palencia, España
(+34) 711 068 570 (mobile phone and whatsapp)
https://foodguyde.com
arno@foodguyde.com
Registration number Turismo de Navarra: UETC0137

Acceptance of These Terms and Conditions.

When You access the Site and/or use the Services, You hereby represent and warrant that:

You have read, understood, and agreed to comply with and be bound by these Terms and Conditions;

You are an individual of at least 18 years old;

You are able to enter into legally binding contracts.

General

1. These general terms and conditions apply to all offers, quotations, and agreements between Foodguyde and You to which Foodguyde has declared these general terms and conditions applicable, as far as these general terms and conditions haven’t been deviated by parties explicitly and in writing.

2. Any deviations from these general terms and conditions are only applicable if and when they are agreed upon in writing.

3. No general terms of purchase, nor any other terms or conditions put forward by You are applicable.

Offers and quotations

1. All offers are free of engagement unless the offer mentions a term of acceptance.

2. Quotations made by Foodguyde are free of engagement; they are valid for 7 days unless otherwise indicated. Foodguyde is only bound by the quotations if and when their acceptance by you is confirmed in writing unless otherwise indicated.

3. Offers and quotations do not automatically apply to future orders.

Implementation of the agreement and Code of Conduct

1. Weather conditions that obstruct and/or block the experience apply as a resolutive condition for the Service. Whether there are such weather conditions, lies within the discretion of Foodguyde.

2. Foodguyde is entitled to deny participants who misbehave or are under the influence of alcohol or drugs.

3. You shall follow all instructions given by Foodguyde strictly and without delay. Access to Services can be refused without reason given if and when this is considered necessary by Foodguyde, for example in connection with capacity, safety, public order, imminent damage, or hindrance.

4. You are bound by local laws and customs. If You nevertheless violate a law or regulation, the fine is for your own account and Foodguyde bears no responsibility.

5. Serious food allergies should be communicated to Foodguyde by You. In case of serious food allergies You will need to sign an allergy waiver at the start of the Service. You should avoid this Service if You have diabetes, lactose or gluten intolerance, nut allergies or other allergies which have very serious medical consequences if not taken into account

6. The Service is not recommended for the following diets: vegan, gluten-free, lactose-free, low-calorie, low-carb and low-fat. If You follow a diet You should be aware that some venues may not have suitable options available.

7. The minimum age is 18 years.

Delay

1. If You are not or will not be present at the agreed time, You are responsible to contact Foodguyde and join the group of the Service on your own.

2.  Large delays caused by You can result in the cancellation of (parts of) the Service, without any right to repayment for You. The standard rule is: past consumptions by the rest of the tour group cannot be made up for.

Payment

1. Upon agreement you shall pay 100% of the total amount due unless mutually agreed in advance.

2. If the down payment is not submitted in time, Foodguyde is entitled to cancel the agreement without judicial intervention or proof of default, without You being entitled to any compensation on that account. All this without prejudice to the rights of Foodguyde.

3. Any collecting fees shall be made fully at the expense of the You.

4. You will ensure that any and all payments to Foodguyde are processed as determined by Foodguyde.

5. You will make payment of bookings by credit card, wire transfer, or other forms of payment available. Foodguyde does not store credit card information. Foodguyde uses a third-party service to process your payment information for all transactions made through Foodguyde. You authorize Foodguyde and its payment service partners to process your payments. These payment processing services are governed by the terms and conditions of those third-party services and will apply to the payments You make through their system.

6. Services booked through an external tour provider are subject to the payment policies of that provider.

Errors

1. In the event of an error concerning the pricing or charging of a Service, Foodguyde reserves the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged.

2. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such a refund, you must provide notice of any billing error within 90 days of the date of the billing statement in which such error first appeared.

Credit Card Chargebacks

1. You have the ability to dispute charges with credit card companies (“chargebacks”). If you have a question about a charge on your credit card statement, you agree to contact Foodguyde prior to disputing a charge with your credit card company to discuss any questions or concerns about your charges with Foodguyde. Use the email address provided in the Contact Details

2. Foodguyde will work with you in resolving your concerns. Foodguyde retains the right to dispute any chargeback that it believes is improper.

Changes and Cancellations by Foodguyde

1. If Foodguyde is unable to provide the Service on the booked date and time, Foodguyde has the obligation to offer another date and time. You have the right to refuse this date and in that case You will receive a 100% refund

2. Services booked through an external tour provider are subject to the cancellation policies of that provider.

Changes and Cancellations by You

1. If You wish to cancel the Service, the policy below will apply to the cancellation. After deducting the appropriate charges from the price paid, Foodguyde will refund the remaining amount within 10 days from the date of the cancellation. Please note that it depends on each credit card company when the refund will be reflected on the statement.

Cancellation Policy

– If You cancel 48 or less hours before the starting time of the Service: Charge 100%

– If You cancel 96 to 48 hours before the starting time of the Service: Charge 50%

– If You cancel at least 96 hours before the starting time of the Service: Charge 0%

2. For Services that are booked less than 48 hours before the starting time and have not yet been paid for, you will be charged 50% of the total Service price in case of cancellation or no-show.

3. Requests for changes in the time or date of the Service are subject to availability of the new desired date/time. If there is no availability, the cancellation policy applies.

4. Requests for cancellations or changes should be initiated by contacting Foodguyde by email or whatsapp (see Contact Details)

5. Services booked through an external tour provider are subject to the cancellation policies of that provider.

Complaints

Any complaints must be received in writing within 2 days after the tour, at the latest. Any complaints received after that time, or not in writing will not be attended to. Send an email to arno@foodguyde.com

Acceptance of Risk and Waiver of Liability

1. Foodguyde encourages You to obtain suitable (medical) insurance prior to booking a Service.

2. You acknowledge that all travel involves an element of risk. Foodguyde does not make any representation and/or warranty about any risk associated with any travel destination. Foodguyde is not liable for any damage or loss that may arise out of, or in connection with, any such destination.

3. You hereby assume all such risk and You, your estate, your family, heirs, and assigns hereby agree to release and hold harmless Foodguyde from all liabilities and claims that arise from damages of every kind and nature, known and unknown, both pecuniary and non-pecuniary, including but not limited to, illness, bodily injury, disability and death to You and/or any other participant, that may arise out of, or in connection with, the participation in a Service.

Liability of Foodguyde

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FOODGUYDE EITHER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LIABILITIES WHETHER IN ACTION BASED ON CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY.

Foodguyde does not accept liability for loss of and/or damage to belongings of You. You take responsibility for all of his or her belongings.

Foodguyde does not accept liability for loss as a result of death or injury of You and/or any other participant.

Foodguyde does not accept liability for injury of persons or damage to belongings caused when walking outside or inside, or entering buildings or venues. You enter buildings or venues fully at your own risk.

Foodguyde does not accept liability for loss due to delay at departure or delay during the Service.

Foodguyde does not accept liability for indirect or consequential loss.

Foodguyde reserves the right, at his own expense, to assume the exclusive defense and control of any claim subject to indemnification by You, in which case You agree to cooperate with Foodguyde in asserting any available defenses.

Liability of You

You are liable for damage to the belongings of Foodguyde or any third-party caused by You.

You are liable for loss suffered by Foodguyde and for injury of third parties caused by the You or your belongings.

All activities organized by Foodguyde occur fully at Your own risk.

You agree to defend, indemnify, and hold harmless Foodguyde from all liabilities, claims, losses, and expenses, including attorney’s fees, that may arise, directly or indirectly from, as a result of or in connection with your use of the Site and/or the Services and/or your participation in the Services including any damages, whether to persons or property, or death to any person, Your reviews, and any violation by You of these Terms and Conditions, including any infringement of any rights of third parties.

Data Protection

1. Foodguyde’s data protection policy is included in the separate Privacy Policy.

2. Services booked through an external tour provider are subject to the data protection policies of that provider.

Disclaimer

THE THIRD PARTIES ARE INDEPENDENT ENTITIES AND NOT AGENTS OR EMPLOYEES OF FOODGUYDE. FOODGUYDE DOES NOT TAKE ANY RESPONSIBILITY AND IS NOT LIABLE FOR, AND THE THIRD PARTY IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES OR EXPENSES, ARISING OUT OF, OR IN CONNECTION WITH, WITHOUT LIMITATION, THE DELIVERY OF ANY SERVICE, THE PERFORMANCE OF THE THIRD PARTY OR FAILURE TO PERFORM THE SERVICE AND/OR THE LOCAL THIRD PARTY’S SERVICES OR ANY OTHER SERVICE OFFERED OR DELIVERED BY THE THIRD PARTY, THE THIRD PARTY’S ACTS OR OMISSIONS, REPRESENTATIONS, WARRANTIES, NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT AND PERSONAL, BODILY INJURY, DEATH, PROPERTY DAMAGE TO YOU, THE THIRD PARTY OR ANY OTHER PARTY.