GENERAL TERMS AND CONDITIONS

1. INTRODUCTION

This document aims to regulate access and use of the URL www.castlexperience.com and hiring terms and conditions (hereinafter “Terms and Conditions”) of the services offered on it by Vinclass Castlexperience, SL (hereinafter, “Castlexperience”), CIF number B65655276, with registered office at C/Montsió, 10, 08002 Barcelona (Spain), and registered in the Mercantile Registry of Barcelona, volume 42831, folio 114, sheet 414911.

Castlexperience is a Spanish commercial company. Its main activity is organizing visits to wineries, cultural and culinary tours, wine tourism, tasting, and any kind of events related to tourism, wine, culture, and gastronomy.

Purchasing through this website implies full acceptance, without reservations, for you as a user (hereinafter, the “User”) and the validity of each and every one of the Terms and Conditions set forth herein.

In order to apply for our services, the User declares to be 18 years or older and to have the legal capacity to hire the services offered in accordance with these Conditions of Sale. In the case of purchase by a minor, Castlexperience will hold no responsibility; the minor or their parents/legal guardians will be responsible for the legal consequences and expenses.

If the User does not accept these Terms and Conditions, they should not access and/or use the services and/or content offered by Castlexperience on the portal www.castlexperience.com.

2. CONTACT

Contact details for Castlexperience are:

Address: C/Montsió, 10, 08002 Barcelona (Spain)

Phone: (+34) 93 310 05 09 / +1 347 560 5796

E-mail: info@castlexperience.com

3. ONLINE BOOKING SERVICES

Online reservation services are designed to book sightseeing tours, events, and visits to wineries. The actual hiring of the services offered by Castlexperience is regulated by their specific conditions in accordance with the current legislation on the matter, and is likewise subject to the supplementary application of these General Terms and Conditions of use in those cases which are not covered by the said legislation and as long as they do not contradict it.

The User will be able to view and print these Terms and Conditions and will have to expressly accept them before completing any reservation.

Reservations may only be made once the User has provided payment details and has accepted these Terms and Conditions electronically.

By using the service, the User will receive an e-mail from Castlexperience confirming the booking. The User may also receive a receipt from the bank or financial institution that provides the payment gateway which will include confirmation that the order has been made. Any of the abovementioned validly issued documents may be used as proof of reservation.

The hired services shall not include any service that is not specifically listed in the booking confirmation.

4. PAYMENT

At the time of booking, the User and consumer must pay the price for the service hired.

Payments can be made through the website with a PayPal account or one of the following credit cards: Visa, MasterCard / Eurocard, American Express.

After a reservation paid by credit card has been confirmed, the said card will be debited the total amount.

5. ACTIVITIES DURING TOURS AND EVENTS

Some activities may involve risks, especially for children. Castlexperience will not be held responsible for any incident or accident attributable to the User’s own carelessness.

It is possible that certain activities mentioned in the description are cancelled, particularly because of weather conditions or in case of force majeure. Castlexperience will not be liable for any of these cases. Depending on the season, some activities offered by third-party providers may not be available (Cogwheel train, Montserrat Boys’ Choir, Montserrat Funicular, etc.), and some of the facilities may be closed or under refurbishment.

Castlexperience reserves the right to modify the order of the venues included in the itinerary of the tour without prior notice. In the event of one of the venues being closed, or road conditions en-route prevent the tour as advertised being operated, every endeavor will be made to substitute an alternative, but Castlexperience reserves the right to cancel or alter arrangements.

6. TERMS OF TRANSPORT SERVICES

Castlexperience selects its transport providers very carefully in order to offer the best possible service to its customers and provide fully satisfactory experiences.

The User must be in the announced place of the departure at least fifteen minutes before the scheduled departure time. If the User fails to arrive at the meeting point as early as required and is consequently unable to make the tour, the terms detailed in section 7 of this document concerning attendance and withdrawal will apply.

The User shall comply with the instructions given by Castlexperience or the transport service provider for the proper development of the tour, as well as the regulations that are generally applicable to Users of the services contracted. Most particularly, the User must be respectful of the other participants and behave in a way that will not be detrimental to the course of the trip. The User must comply with the following requirements at all time:

Smoking and the consumption of food, alcohol or hot beverages are not allowed in any of the means of transport. Castlexperience reserves the right (and delegates this right to the bus driver and designated agents) to refuse transport to any person who is seemingly under the influence of alcohol or illegal substances and/or whose behavior implies a threat to the driver, vehicle, or other passengers. Under such circumstances, Castlexperience reserves the right not to refund and not to provide an alternative service for transport.

The User will be liable for damages caused in the course of abnormal behavior or vandalism.

No pets are allowed in the bus, with the exception of medical dogs.

Health insurance is not included in the services. Furthermore, Castlexperience shall not be held responsible for any loss or damage to luggage, suitcases or other personal belongings. The User is solely responsible for any loss or damage of hand luggage or other objects that are kept at all times by the User.

7. WITHDRAWAL FROM CONTRACT OR CANCELLATION OF RESERVATION

Cancellation of the reservation made by the User will meet the following conditions:

Unless expressly stated otherwise, the User may cancel their reservation free of charge, with the exception of service management (5% of the total amount paid for the reservation), provided that the User gives Castlexperience notice of at least 24 hours before the scheduled time for the trip or event (Barcelona local time).

Cancellation without notice of at least 24 hours by the User or failure to appear for the trip or event does not make the User eligible for any refund.

This clause does not apply to bookings for special events or private trips with a fixed quote. In these cases, special Terms and Conditions specified for these bookings shall apply instead.

Any refunds due by Castlexperience shall be made with the same payment method used during the booking process.

8. CORRECT USE OF THE WEBSITE

The User agrees not to use the services provided by Castlexperience through its website for illegal purposes and/or purposes contrary to law, morality, public order or the provisions of these Terms and Conditions.

It is a condition of use of this website to comply with these Terms and Conditions and any violation of them is strictly forbidden. Castlexperience is authorized to deny access to this web page to Users who breach these Terms and Conditions. The User will be liable for damages Castlexperience may suffer as a result of breach or infringement of any of the obligations to which they are bound under these Terms and Conditions.

Access to this site may involve the use of “cookies” both in its own pages and the pages linked. Users who do not want the setting of “cookies” can set your browser accordingly.

9. CHANGES

Castlexperience reserves the right to modify at its sole discretion and without notice the services provided, the Terms and Conditions, and operational services, technical and service use, so the User is advised to read the said Terms and Conditions every time they make use of this website.

10. RELEASE OF LIABILITY AND WARRANTIES

The fact that references to third-party products, services, companies, etc., may appear on this website does not thereof constitute a recommendation by Castlexperience. The User acknowledges and agrees that Castlexperience has no obligation to monitor the content transmitted by Users or content providers through this website, except as required by applicable law or by a court resolution.

Castlexperience does not guarantee that the text, graphics, links or other content of this website is accurate or complete, and there may be typographical errors or inaccuracies in the information provided, as well as differences between the information provided in the website and leaflets, brochures, or other written documentation by the Castlexperience group. Likewise, Castlexperience reserves the right to make changes, corrections, improvements and additions to the information and/or products, services, activities or programs that do or may appear on the website without prior notice.

The access to this website as well as the use of the information provided on it is the sole responsibility of the User. Castlexperience shall not be held responsible for any consequence or damage that may arise from access to the website or use of such information or other elements on the website. Castlexperience reserves the right to suspend the access to its website, and the provision of any or all of the content provided on it, at any time without notice. Such suspension may be temporary or permanent. Consequently, Castlexperience does not guarantee the reliability, availability or continuity of its website or the content on it. Hence, use of them by the User is at their own risk and expense and Castlexperience shall not be held responsible. Similarly, Castlexperience is not responsible for any service interruptions, delays, errors, malfunctions, and any other inconveniences caused by factors out of Castlexperience’s control or due to actions by the User that may arise from force majeure as defined by Spanish law and jurisprudence. In any case, whatever its cause, Castlexperience assumes no liability whatsoever for any direct or indirect damage and/or loss of profits. Castlexperience is entitled to suspend the services and content of the website to carry out maintenance, improvement or repair without any compensation to the User.

Castlexperience excludes and disclaims any liability that may arise from the transmission of information between Users or for the information released by them on its website, and assumes no responsibility for any technical problems or hardware malfunction of computers produced while connected to the Internet. Also Castlexperience is released from any liability for the transmission of computer viruses or from damage caused by third persons that may make illicit use of this website.

The content of this website, including images, text, graphics, animations, or any other content or element, software developed for internal use and language codes are owned by Castlexperience. Copy, use, reproduction, distribution and/or communication of any information referred to herein or the rest of the elements contained on the website as well as its distribution, modification, alteration or decompilation are strictly forbidden. Nevertheless, this prohibition does not apply to wholesalers and retailers, and other providers who ask Castlexperience for permission first, provided that they receive express written consent from Castlexperience.

11. INTELLECTUAL PROPERTY

In the event that any User or third-party considers that the contents displayed on websites of the Castlexperience group constitutes a violation of their intellectual property rights, they can send a notice to Castlexperience indicating their full and accurate personal details, the intellectual property rights allegedly infringed, and the website concerned.

The images depicting Castlexperience’s destinations may not be reproduced without the consent of Castlexperience and/or their authors, in case of assignment of rights.

12. SAVING THE TERMS AND CONDITIONS

If any provision of these Terms and Conditions is held invalid or unenforceable, the remainder of the Terms or Conditions will continue in the agreed terms. Castlexperience will replace the stipulation in question, adhering as closely as possible to the initial intent of the parties.

No provision of these Terms and Conditions in any way affects the mandatory provisions regarding the rights of consumer protection. If the User is not a consumer, they expressly relinquish their right of withdrawal.

13. GOVERNING LAW AND JURISDICTION

These Terms and Conditions are governed by Spanish law. For the resolution of any dispute that may arise with respect to their validity, execution, performance, or termination, in whole or in part, Castlexperience and Users submit, expressly waiving their own jurisdiction or any other that may be applicable, to the jurisdiction of the Courts and Tribunals of the City of Barcelona. This contract constitutes the total and complete agreement between Castlexperience and User and supersedes all previous understandings, commitments, representations, or agreements, either written or oral, that may have previously existed between them.

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