TERMS & CONDITIONS

This contractual document shall govern the General Terms and Conditions for the participation at a food tour offered on the website foodtoursmallorca.com owned by FOOD TOURS C.B. under the trademark FOOD TOURS MALLORCA, hereinafter, PROVIDER, whose contact details can be found in section 13.  

These Conditions can be modified at any time. It is the responsibility of the PARTICIPANT to read them periodically, since those in force at the time of booking a Food Tour will be applicable.

The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Accepting this document implies that the participant:  

• Has read and understood the above.
• Is a person with sufficient capacity to enter into contract.
• Assumes all the obligations set forth herein.

These conditions will be valid indefinitely and applicable to all bookings submitted through the website foodtoursmallorca.com.

The PROVIDER informs that the business is liable and understands the current laws of the countries where the Food Tours take place and reserves the right to unilaterally modify the conditions, without affecting the bookings made prior to the modification.

On one part, the PROVIDER of the tour FOOD TOURS C.B. whose registered address is at Carrer de Ramiro de Maeztu 6, 07013 Palma de Mallorca (Illes Balears), NIF E56452568 and telephone number for customer/USER service 611156334.

And on the other part, the PARTICIPANT, registered on the website by means of a full name, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.

The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the PARTICIPANT, which arises when the PARTICIPANT accepts by ticking the corresponding box during the online contracting process.

The contractual trade relationship involves the execution of a specific food tour, offered by the PROVIDER in exchange for a certain price which is publicly displayed on the website.

In accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:

1. Applicability General Terms and Conditions
2. Booking
3. Price and Payment
4. Performance of the provider
5. Itinerary
6. Regulations
7. Liability of the provider
8. Cancellation
9. Disclaimer provider
10. Disclaimer participant
11. Gift Cards
12. Law of protection of personal information
13. Dispute Settlement
14. Applicable law and jurisdiction

The General Terms and Conditions apply to all closed and to be closed agreements between the PROVIDER and the PARTICIPANT during a food tour.

These conditions will be valid indefinitely and applicable to all bookings made through the website foodtoursmallorca.com.

The General Terms and Conditions of third parties, which will be visited by the PARTICIPANT during a food tour, are applicable on the legal relationship between the PROVIDER and the PARTICIPANT. This includes the reservations that the PROVIDER made for the PARTICIPANT. When these third parties serve food and/or drinks (later referred to as meals) to the PARTICIPANT, these third parties will be referred to as ‘RESTAURANT’.

The PARTICIPANT is bound to the PROVIDER, the restaurants and third parties to follow the General Terms and Conditions.

Conditions in the agreement itself will go before present General Terms and Conditions. In case of lack of clarity or differences in insight about the meaning of a contractual provision, the contractual provision will be explained taking into account the scope and content of the present General Terms and Conditions. When there are any other lack of clarities, the present General Terms and Conditions are leading and as following the information that’s written on the FOOD TOURS MALLORCA website or the information that’s given by the PROVIDER is the leading information.

Once the PARTICIPANT has processed a booking, the system instantly sends an email to the PROVIDER’s management department and another to the email of the PARTICIPANT confirming the booking with date, time and number of participants as well as the meeting point for the booked food tour.

The PARTICIPANT can only derive rights from a booking when the PROVIDER has received the payment within the established period of time that has been set by the PROVIDER.

Without the required payment the PARTICIPANT can’t invoke any right against the PROVIDER.

Unless there is a written agreement about a different price, the mentioned or agreed prices are per person including VAT and shall be shown in Euros.

The price is based on the known prices, taxes, etc. when the reservation was made. The PROVIDER has the right to increase the price within three months after the reservation was made, in case the prices in one of these categories rises. The PARTICIPANT is bound to this price.

The PARTICIPANT has the right to dissolve the agreement with the PROVIDER and all the closed agreements with third parties, like restaurants, if the price increases within three months after the reservation. The PROVIDER and the involved third parties aren’t responsible towards the PARTICIPANT when it comes to this kind of cancellation.

The PROVIDER is at all time entitled to increase the price as far as this follows from a change in the law such as a VAT increase.

The PROVIDER is responsible for economic transactions and accepts the following payment methods for orders:

• SEPA direct debit
• Debit
• Credit card

The website uses generally accepted information security techniques within the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the PARTICIPANT agrees that the PROVIDER will obtain data for the purpose of the corresponding access control authentication.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The PROVIDER doesn’t link himself towards the PARTICIPANT when it comes to the provision of meals, but has a mediating role. This mediating role means that the PROVIDER, after the PARTICIPANT agreed to the offer, will make a reservation at the various restaurants. The restaurants will offer the participants, according to their own independent agreement, a meal that will be served at the restaurant. There is only a financial settlement between the PARTICIPANT and the PROVIDRE and the payment will be done by the PROVIDER as agreed with the PARTICIPANT and the RESTAURANT. The PROVIDER assures the PARTICIPANT that there will be no additional or individual costs or fees charged by the RESTAURANT to the PARTICIPANT. This only includes the meals and drinks that the PROVIDER offers and that are included in the food tour package.

The PARTICIPANT grants the PROVIDER the power of attorney to close agreements with the various restaurants. The PARTICIPANT agrees to the present agreement between him and the restaurant by following the given schedule and eating a meal at the restaurant.

The performance which the PROVIDER links himself towards the PARTICIPANT is limited to:

• Making sure that the PARTICIPANT is in possession of a booking conformation of the food tour of his choice and and a personalised schedule, which is handed out to the PARTICIPANT at the beginning of the tour.
• Administrative and financial processing of the reservations and meal creation at the restaurants and other catering establishments where the participants will eat their meals, which are included in the food tour package. The role of the PROVIDER in this matter, will always be limited to that of a mediator.
• The PROVIDER proposes the chosen food tour to the PARTICIPANT but this is only a service and the PARTICIPANT isn’t forced to follow this proposal. the PROVIDER isn’t responsible for the agreements that a PARTICIPANT agrees to when it comes to the restaurants. The PROVIDER is in no case liable for the lack of performance by restaurants or third parties or for any other defects at the side of restaurants or third parties.

The itinerary and schedules are designed carefully by the PROVIDER in cooperation with the restaurants.

The PROVIDER reserves the right to modify the schedule and the restaurants as long as this does not affect the value of the products.

The PROVIDER will do its best to find an equivalent alternative if, for whatever reason, one or more of the aspects can’t be carried out on the location or like shown in the offer. In case the changes cause additional costs, these can be charged to the PARTICIPANT by the PROVIDER (with a maximum of 10% of the total price).

It is mandatory for the PARTICIPANT to wear an identity card or passport at all times. A driver’s license is not a valid identification card.

The PARTICIPANT shall obey the rules of governments in which the food tour takes place. This includes the traffic regulations.

The PARTICIPANT follows the instructions of the PROVIDER and third parties, including those of the restaurants. These instructions are given or written down for a safe and good implementation of the agreement or agreements.

The PARTICIPANT has to check by himself which documents he needs for the chosen location and which conditions he has to follow. The PROVIDER has no responsibility in that regard.

The possible negative consequences of non-compliance of the applicable requirements (including, but not limited to fines, damage, etc.) come at the account and risk of the PARTICIPANT. The PARTICIPANT indemnifies the PROVIDER for possible negative consequences. In no case the PARTICIPANT is entitled to a refund of the price.

The PROVIDER and third parties that are involved during the food tour aren’t responsible for any damages suffered by a PARTICIPANT during the food tour or otherwise.

The exclusion of the responsibility of the PROVIDER applies for damage to the PARTICIPANT itself, including (material and immaterial) damages in case of inability to work, a handicap, permanent or temporary injury or passing away.

The exclusion of the responsibility of the PROVIDER applies also for damages to personal belongings and materials, as well as damages to other participants and/or belongings or materials of other participants, other road users or owners of business along the road and everything in the broadest sense of the term.

The PROVIDER isn’t responsible for damages caused by any goods or services during the food tour that are used directly or indirectly by restaurants and other third parties (including, but not limited to: meals, transport, transport companies, accommodation, guides, security guards, caterers, sports materials, etc.)

The PROVIDER isn’t responsible for actions of other participants or employees of restaurants or other third parties. The PROVIDER isn’t responsible for actions from their own staff or other third parties, except when the damage is caused from their own actions or disregard of a supervisor of the PROVIDER or when the damaged is caused on purpose.

If the PROVIDER is responsible, according to the General Terms and Conditions, the responsibility is limited to the amount that will be paid out by their liability insurance and actually will be received by the PROVIDER.

If the articles miss their validity or lose their validity, the responsibility of the PROVIDER is limited to the height of the price that’s participant related.

The PARTICIPANT is required to own a liability insurance and an accident insurance. Non-compliance with this obligation comes for the own account and risk of the PARTICIPANT.

After the reservation there is a binding agreement between the PROVIDER and the PARTICIPANT.

In case the PARTICIPANT wants to cancel the booked food tour, the cancellation has to be communicated in writing by email to the PROVIDER latest 7 days before the booked tour takes place. The PROVIDER will then offer the possibility to change the date of the tour or send a voucher of the full amount, which can be used for another food tour in the future.

In case of a cancelation of 7 days or less before the booked food tour, the PROVIDER has the right to charge the PARTICIPANT the full amount of the booking.

The PROVIDER has the right to cancel the food tour, because of their own reasons. The PARTICIPANT is entitled to a refund of the already paid price. FORCE MAJOR: The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.

If the PROVIDER is held responsible when the PARTICIPANT causes damages during the food tour or during his stay in one of the restaurants or another event, the PROVIDER will be indemnified for the damage.

The PARTICIPANT that closed the agreement with the PROVIDER, also for the purpose of other participants, guarantees that the other participants know the General Terms and Conditions of the PROVIDER and the involved restaurants and third parties. The PROVIDER will be indemnified for any responsibility which exceeds these General Terms and Conditions.

The PARTICIPANT has to follow all of the regulations and instructions of the PROVIDER and the involved restaurants and other third parties as well as the locally applicable regulations.

All damages, hassle and violations, caused by the PARTICIPANT will be for account and risk of the PARTICIPANT.

The PARTICIPANT is responsible for any damages caused to rented or used materials and/or damages to (materials of) participants or other third parties.

If a PARTICIPANT is in breach of instructions or regulations which are related to the safety or a smooth enlargement of the food tour, the PROVIDER is entitled to rule out the PARTICIPANT of any further participation. The PROVIDER doesn’t have to pay any compensation or refund of the price in this case.

The PARTICIPANT who has made the reservation is responsible for the other participants he booked for.

Gift cards are valid until the date that’s mentioned on the gift card. Gift cards that are expired can’t be used or exchanged for money.

Gift cards will never be exchanged for money.

The PROVIDER uses the personal data of the PARTICIPANT in order to be able to carry out the agreement. The PROVIDER will share the personal data of the PARTICIPANT with third parties that are involved in the agreement of the food tour.

The PROVIDER stores the personal data of the PARTICIPANT and uses this for marketing- and communication purposes. When the PARTICIPANT doesn’t want the PROVIDER to do this, he can submit a written request to delete him from the database of the PROVIDER. The PROVIDER will always do what the PARTICIPANT asked regarding the request.

The given personal data will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of individuals with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data as detailed in the Privacy Policy found on this website.

Any complaint that the PARTICIPANT deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:

FOOD TOURS C.B., Carrer de Ramiro de Maeztu 6, 07013 Palma de Mallorca (Illes Balears)

Telephone: 611156334
Email: [email protected]

These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. The PROVIDER and the PARTICIPANT agree to submit any dispute that may arise from the provision of the services covered by these Terms and Conditions to the courts and tribunals of the participants place of residence.