Terms of service

The existing Contract of Services (the "Contract") states the legally binding terms between You (the "User") and GUIDD EXPERIENCES, S.L. ("Guidd") with registered address Calle Sant Joan de Malta, 10, stair flight C, 08018 Barcelona, with CIF B66694514 and registered in the Mercantile Barcelona Registry in Volume 45197,Sheet 145 Entry 1, Page B-480004 with e-mail address for the purpose of contact go@guidd.io, which operates under the URL https://www.guidd.io/ (the "Portal"). 

The Portal is aimed towards the publication, consultation, and reservation of all kind of leisure activities.

If the provisions of the given Contract contradict with the Legal Notice, the provisions contained in the Contract shall prevail. If you desire a printed copy of the Contract, you may print a copy or download the archive from your computer.

Guidd reserves the rights to add, modify, and/or delete any of the given terms in the Contract, at any time, through a notice in the Portal or an e-mail, taking effect the moment they are published in the Portal. The continous use of the services by the User after a notice of modification implies the acceptance of said changes.

The User manifests being of legal age and guarantees that he/she is authorized to perform the existing Contract under his/her own name. The User declares that the registration data is current, complete, and accurate.

1. OBJECTIVE

The existing Contract is aimed to present the terms and conditions that apply to the service of the activities available through the Portal (the "Service of Activities" or the "Service").

The Service of Activities demands the previous registration of Users and allows them to publish and share their leissure activities through the portal so that other Users can enjoy them, given that they reserve throught the Portal (the  "Activities")

Going forth, Users that publish and share the Activities on the portal will be named "Guides". The Users that reserve and enjoy the Activities will be named "Travelers".

Once the reservation of an Activity has been completed through the Portal, all agreements between the Guide and the Traveler will be valid between both parties and Guidd will not take part in such agreements. Guidd is limited to (i) facilitating access to the Portal as a tool that allows Guides to publish their Activities and a tool that allows Travelers to reserve Activities, and (ii) act as an agent of authorized charges to be accepted, in representation of the Guide, paid by the Travelers, and transfered to the Guides.


2. DURATION


This Contract will come into effect at the time of acceptance by the User and will remain in effect until either party notifies the other of its willingness not to renew it.


3. PROCESS OF PUBLICATION AND RESERVATION OF ACTIVITIES

The Guides will be able to publish as many Activities in the Portal as they wish, this publication being free of charge.

For the publication of the Activities, the Guides must complete the information requested in the publication form of Activities (the "Form"), which includes, but not limited to, title, place and description of the Activity, public to which it is directed, availability of the Guide, itineraries, images and videos of the Activity, as well as the price and, where appropriate, the additional expenses and discounts.

Guidd will proceed to review the Form delivered by the Guide without assuming any type of responsibility for said revision and for the Activities that it finally decides to publish.

Guidd will not publish those Activities that do not comply with the rules established in Clause 5, when it becomes aware that they infringe the intellectual property rights or any other rights of third parties, or if it considers it in its sole discretion, provided that it does not involve a discriminatory act against the Guide.

Travelers can reserve any of the Activities in which they are interested. These reservations are subject to the approval of the Guide, who must accept or reject it within a maximum period of 48 hours after the Traveler has made the reservation. Repeatedly canceling Activities may result in disciplinary action against the Guide at the discretion of Guidd. In the event that the Guide cancels the reservation, the Traveler will be reimbursed for the total price paid.

At any time, the Guides may modify the details of the Activity or cancel its publication on the Portal by sending an email to go@guidd.io. The modifications on the Activities will be effective for reservations subsequent to the date of their modification. The cancellation of the publication of the Activity will not affect the Travelers that have reserved said Activity at an earlier time.

4. OPINIONS ABOUT THE ACTIVITIES

Travelers can voice their opinion about the Activites they have participated in.

The opinions about a certain Activity or Guide that have been published must be truthful, clear and useful for Guidd and for the rest of the Users. No User may be forced or coerced to make opinions in a certain sense. If this happens, the Traveler must report it to the Guidd team by sending an e-mail to go@guidd.io and providing all the evidence deemed appropriate.

The opinions will be published in the Portal attatched to the Travelers´ name and picture.

5. PROHIBITIONS

The Activities published by the Guides, as well as the opinions of the Travelers, may not, but not limited to, (i) involve the transmission of "spam", advertising or other commercial content, (ii) relate to content that incites or support any illegal activity, (iii) directly identify other Users without having obtained their prior informed consent, (iv) contain political, religious or social comments that are not related to the Activity, (v) supplant the personality of the Users, ( vi) present contents that are vulgar, obscene, defamatory, libelous, threatening, discriminatory, sexually explicit or that incite hatred or physical or verbal violence, or (vii) contain references to other reservations other than the particular activity.

Users who are aware that the Activities or opinions contain any of the aforementioned prohibitions or are otherwise illegal must inform Guidd by sending an email to go@guidd.io. Guidd will investigate the communicated fact and will take the corresponding measures, among which include the elimination of the Activity or the opinion and, where appropriate, the termination of the Contract with respect to the User who has published the Prohibited Activity or opinion.

The offending User shall be liable to Guidd for any penalty, sanction and / or fine that the courts or other competent bodies may bring against Guidd as a consequence of Users failing to comply with this Clause.

6. PRICE AND METHOD OF PAYMENT

When the Guide accepts the reservation request for an Activity through the Portal, the Traveler must pay the price and, if applicable, the additional expenses established by the Activity Guide. Said amounts will include VAT or the corresponding tax and the remaining applicable taxes. Payment must be made through the system provided in the Portal in any of the currencies published there. The Traveler accepts that payment in a currency other than the Euro may involve conversion costs.

The price and, where appropriate, the additional expenses and discounts applicable to the Activity must be published in the Form. The additional expenses and the applicable discounts will be duly itemized. Under no circumstance will Guidd charge the Travelers additional amounts that have not been published by the Guides prior to booking the Activity.

When the reservation is made effective, the price paid by the Traveler will be retained until the Guide enters the reservation code in his personal space once the Activity has been carried out. Between 24 hours and 30 days following the completion of the Activity, Guidd will transfer to the Guide, through the means of payment applicable, all amounts paid by Travelers, previously discounting the amount corresponding to 15% (VAT included) ), as consideration for the use of the Service. The Guide accepts that the amount transferred may be delayed for reasons beyond Guidd's control.

The corresponding taxes will apply to the previous operations, assuming their payment who, in accordance with current regulations, is considered the taxpayer of the same.

Without prejudice to the guarantees offered by the Guide to the Traveler, Guidd reserves the right, at its sole discretion, to reimburse the price that the Traveler would have paid when the Traveler was not satisfied with the Activity developed.In this case, no amount will be transfered in favor of the Guide.

7. USER OBLIGATIONS

Users agree to use the Service with the utmost diligence and in accordance with current legislation. In particular, Users will observe the following rules:
  • Access the Service exclusively through the Portal and publish and / or reserve Activities through it, as well as using the communication mechanisms available on the Portal to contact the rest of the Users or Guidd.
  • Respect other Users and, in particular, not stalk, harass, coerce or in any way harass any Users.
  • Attend the planned Activities. In case of delay, the User must notify the Guide, who will make the decision to wait, start or cancel the Activity. 
  • Not to impersonate the identity of another User or any other person in the use of the Service.
  • Do not collect, process or store personal information about other Users or third parties without complying with current legislation on data protection.
Additionally, the Guides agree to:
  • Fulfill the administrative, fiscal, labor obligations and, where applicable, with respect to Social Security that may be applicable for the development of the Activities. 
  • Hire adequate insurance for the development of the activity, as well as having all the necessary permits, licenses and authorizations.
  • Not to carry out activities that destroy or endanger the place where the activity is carried out, its inhabitants or visitors, which may be harmful to the environment or which in any other way are illegal.
  • Not compelling or coercing Travelers to make positive opinions about the Activities offered or about their person and not condition certain favorable treatment (including but not limited to obtaining discounts or free activities) to Travelers to make positive opinions.
The non-observance of these obligations by the Users may entail, at the discretion of Guidd, the suspension of the Service or the termination of the Contract, as established in Clause 14.

8. POLICIES OF METEREOLOGICAL CONDITIONS

In the event that the Activity depends on certain meteorological conditions being met and these prevent the Activity from being carried out on the initially scheduled day, the Guide must propose an alternative date for the celebration of the Activity. In the event that it is not possible to set an alternative date or it is not acceptable to the Traveler, he or she will be entitled to a refund of the total amount of the Activity he would have paid. 

9. RIGHT OF WITHDRAWL

The Traveler may withdraw from the Contract without justification within 10 calendar days after making the reservation. To comply with the aforementioned withdrawal period, it is sufficient that the communication regarding the exercise of withdrawal by the Traveler be sent to Guidd before the expiration of the indicated period.

Notwithstanding the foregoing, the Traveler will not have the right to withdraw from the Contract when the Activity has been fully executed within 10 calendar days following the date of reservation. In this case, the Traveler may cancel the Activity in the terms provided in Clause 10. 

To exercise the right of withdrawal, the Traveler must notify Guidd of his or her decision to withdraw from the Contract through an unambiguous statement by email to go@guidd.io (Ref.: Withdrawal). Guidd will inform you without delay of a lasting support (for example, by email) the reception of said withdrawal.

In the cases provided by law, Guidd will return the price paid by the Traveler without any undue delay and, in any case, no later than 14 calendar days from the date on which the Traveler reports his decision to withdraw from this Contract. Guidd will make said reimbursement using the same means of payment used by the Traveler for the initial transaction, unless the latter has expressly decided otherwise.

Guidd has the power to pass on the bank charges to the Traveler as a result of the reimbursement by Guidd.

10. CANCELATION OF ACTIVITIES BY THE GUIDES

The Guide is authorized to cancel an Activity previously accepted due to weather conditions or force majeure. In such cases, Guidd will reimburse the Traveler for the full amount of the price paid. The cancellation of Activities by the Guides in cases other than those indicated empowers Guidd to automatically terminate the subscription of the Guide in the Service. 

The refund of the price to the Traveler will be made between 24 and 48 hours after the cancellation of the Activity.
 
Guides that are forced to cancel Activities on which there is a reservation should send an e-mail to go@guidd.io. The Guide will receive a confirmation from Guidd that his request for cancellation has been answered. In case the Guide does not receive the previous confirmation, you should contact Guidd as soon as possible through any of the communication mechanisms available through the Portal.

The Traveler is entitled to cancel the previously reserved Activity at any time, in accordance with the modality indicated by each Guide:
  • FLEXIBLE. Full refund until a day before.
  • MODERATE. Full refund until 5 days before. 50% in the last 5 days.
  • STRICT. Refund of 50% until 5 days before. No refund in the last 5 days.
  • VERY STRICY. Refund of 50% until 10 days before. No refund in the last 10 days.
To recieve a refund, the Traveler must send an e-mail to go@guidd.io within the deadlines set out in the table above. The Traveler will receive a confirmation from Guidd that his request for cancellation has been answered. In case the Traveler does not receive the previous confirmation, he should contact Guidd as soon as possible through any of the communication mechanisms available through the Portal.

The Guide will recieve the remaining amount less Guidd´s commision applied to said amount.

11. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Users recognize Guidd´s intellectual and industrial property rights on the descriptions, images, videos, sound reproductions and any other materials that make up the Activities published on the Portal, as well as on the opinions of said Activities (the "Contributions"). For such purposes, the Users hereby assign free of charge to Guidd all the exploitation rights over the Contributions for the maximum time of legally recognized protection to such rights, with the power of assignment to third parties, for a worldwide geographical scope and with the purpose to promote the Portal, including, but not limited to, the exercise of the rights of reproduction, distribution, public communication and making available to the public, transformation, modification or adaptation and exploitation of the Contributions. 

12. GUARANTEES

Users guarantee that the Contributions are an original creation, that they have not been copied from any other pre-existing work, and that the exercise by Guidd of the rights assigned in this Contract will not infringe the rights of third parties. In the event that the Contributions incorporate creations of third parties (photographs, images, videos, descriptions or any other work protected by intellectual or industrial property rights), the Users guarantee that they have obtained the pertinent authorizations and licenses from their legitimate holders. the transfer of rights to Guidd in the terms established in this Contract.

The Users guarantee that they are the authors or, as the case may be, holders of the rights of intellectual and industrial property of the Contributions, and that their exploitation by Guidd will not violate any legal provision, contract, right or property of third parties, nor of no way constitutes unfair competition.

The Users guarantee that no rights of any nature have been granted or assigned to the Contributions to any third party.

Consequently, the Users will assume all expenses, costs, damages and indemnities that could be caused to Guidd, derived from legal actions that third parties could initiate against Guidd, based on alleged infractions or damages caused by the intellectual property rights assigned in this Contract on the rights that such third parties could hold. 

13. RESPONSIBILITY

The Guides are responsible for each and every one of the Activities they publish.

Users are exclusively responsible for maintaining adequate behavior during the duration of the Activity and, in particular, they agree to act in accordance with current legislation and to not commit any type of act that could be considered criminal. Guidd will not assume any responsibility as a consequence of the anticipated termination of the Activity by the Guide, due to the inappropriate behavior of the Traveler or as a consequence of the foregoing.

Guidd does not assume responsibility for any type of accident that may occur during the development of the Activities.

If the Guides and/or Travelers cause damage, they shall repay the cost of the damage caused to the person and/or entity that has recieved said damage. Likewise, they shall indemnify Guidd for the full amount of any claim filed against Guidd by any third party as a consequence of said damage.

In the event that, for any reason, the Guide can not comply with the Activity reserved by the Traveler, Guidd will not assume more responsibility than to proceed with the corresponding refund. The Guide will be solely responsible for any damage that may result as a result of the above.

14. RESOLUTION

Guidd may unilaterally and at any time resolve this Agreement in the event that the User breaches any of the obligations and guarantees established therein or infringe intellectual property rights or any other rights of third parties. The termination of the Contract will not affect the ability of Guidd to claim the corresponding damages.

Users will be entitled to cancel, at any time, their account on the Portal by sending an email to go@guidd.io. The cancellation of the account does not entitle Users to withdraw the Contributions that they have provided to Guidd, since the intellectual property rights over them fall on Guidd. 

15. CLAIMS

In the case of complaints and claims derived from this Contract or to request information about the Service, the User can contact Guidd through the e-mail address go@guidd.io, call the telephone number (+34)688713163 or by writting a letter to the address Calle Sant Joan de Malta,10 C, 2º 3ª, 08018 Barcelona.

16. MISCELLANEOUS

The User may not assign, subrogate or transmit to third parties the rights contained in this Agreement without the prior written consent of Guidd. 

Failure or delay in the exercise of any right or in the requirement of compliance with any obligations arising from this Contract, shall not constitute a waiver of such right or requirement of compliance with the obligation, nor waiver of any other rights or compliance requirements of obligations.

This Agreement, including the Legal Notice and the Privacy Policy that are incorporated into this Contract by reference, constitutes the final, complete and exclusive agreement between the parties in relation to the object thereof and replaces any previous agreements or negotiations between them.

If any of the clauses of this Contract is null and void for contravening the applicable legislation, said clause will be considered as not, but will not affect the rest of the Contract, which will be fully effective and valid between the parties.

17. LEGISLATION AND APPLICABLE JURISDICTION 

This Contract is of a commercial nature and must be interpreted and complied with in accordance with its own terms and, if not provided, will be governed by Spanish legislation.

To the extent permitted by applicable law, for the resolution of any dispute arising from the validity, interpretation, performance or execution of this Contract, the parties, expressly waiving any other jurisdiction that may correspond, expressly submit to the jurisdiction and competence of the Courts and Tribunals of the city of Barcelona.

© 2016 Guidd. All Rights Reserved
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