Terms of Use

Tripconductor operates a social marketplace through its website tripconductor.com, where travelers around the world connect to discover and book “tours” and “vacation packages” designed, provided and guided by licensed “local tour guides” of the city and we hope you enjoy using it.

Tripconductor is a Barcelona based company with registered company number X3994241S registered in Barcelona Registry of Commerce and our office is at Calle Pau Casals 73, 2-1 Ripollet 08291,Barcelona.

Please browse the web site (the “Service”), and make use of its various features, but please be aware that your use of the Service is subject to the following User Agreement. (the “Agreement”). If you do not agree to any or all of these terms, please do not use the Service. This agreement remains valid as it is and no alteration will have effect except it is made in writing and authorised by Tripconductor.

1. User Agreement

Please read the terms and conditions contained in this Agreement carefully. You can access this Agreement any time at https://www.tripconductor.com/userAgreement.

Your use of and/or registration with the Service will constitute your ongoing acceptance of this User Agreement. For purposes of this Agreement “you” or “User” shall mean either you as an individual traveler, the local guide or the business, government entity, or entities on whose behalf you are accepting this Agreement and “we” or “us” shall mean Tripconductor.

We acknowledge that your use of the Service may also be subject to the terms of a written agreement for the provision of the contract between you and Tripconductor.

By registering or using an account for the Service and accepting this Agreement, you agree that you are accepting this Agreement on behalf of yourself and any of your employees and agents that you provide with the Service, and that you are solely responsible and liable for any non-compliance by your employees and agents. You further represent that you are authorized to accept these terms and conditions. If you cannot accept this Agreement, please do not use the Service.

Tripconductor reserves the right to modify or replace this Agreement at any time and in Tripconductor’s sole discretion. Tripconductor will indicate at the top of this Agreement the date such document was last updated. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the top of the revised Agreement).

It is your responsibility to regularly check the Tripconductor.com website to determine if there have been changes to this User Agreement and to review such changes. Your continued use of the Service following the posting of any changes to the Agreement will constitute your acceptance of such changes. If you do not agree to the changes, you must stop using the Service.

Tripconductor reserves the right to terminate or suspend your account for any or no reason without any notice or liability. Your failure to abide by this Agreement or any other terms and conditions posted anywhere within the Service may result in suspension or termination of your access to the Service, without notice or liability of any kind, in addition to Tripconductor’s other remedies

2. Registration & Account Creation

 

i. Registration Information

Tripconductor may at times require that you register and/or set up an account to use all or a portion of the Service. In order to do so, you may be required to choose a Username, password, and/or provide other registration information such as full name, email address, contact telephone number (collectively, the “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must immediately update it by editing your customer profile on the Service. In our sole discretion, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is offensive. For additional information regarding use of personal information you supply or communicate to the Service, please see our Privacy Policy, at https://www.tripconductor.com/uhp/privacyPolicy.

ii. Maintenance of Registration Information

If you register and/or set up an account on the Service, you are solely responsible for maintaining the confidentiality of your Registration Information, and for any failure to do so. You are solely responsible for all use of the Service by you and anyone you allow to access the Service. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without Tripconductor’s written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

iii.  Security; Mobile Use Precautions

If you have reason to believe that your account is no longer secure (in cases of loss, theft or unauthorized disclosure or use of your Registration Information or computer or mobile device used to access the Service), you must promptly change the affected Registration Information and notify Tripconductor through the Contact Us page. If you choose to receive messages or other communications from the Service directly to your mobile device, you are solely responsible for keeping the Service updated with your current phone number. Tripconductor shall not be liable for information sent to a device that is associated with your outdated mobile phone number. If you install any software or enable any service that stores information from the Service on any mobile device or computer, it is your responsibility, prior to transfer of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.

3. Use of the Service

 

i. Personal & Lawful Use Only

Unless otherwise specified, Tripconductor grants you a limited right to use the Service for your personal, noncommercial use only. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You will not do, nor attempt to do, any of the following with respect to the Service, except as expressly authorized in writing or otherwise enabled by Tripconductor:

a. Access the Service in a manner or through an interface not provided or authorized by Tripconductor, including but not limited to, any automated means (e.g., scripts or bots);

b. reproduce, duplicate, copy, sell, trade, resell or exploit the Service; and

c. republish or syndicate the information available on the Service (including but not limited to information made accessible to non-paying users via any portion of the Service).

ii. Use by Children

The Service is not intended for users under the age of 18, and Tripconductor does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us; any information submitted by such users will not knowingly be used, posted, or retained by us.

iii. User Conduct

You agree not to use the Service to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You further agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation

4. Intellectual Property

 

i. Use of Material

The Service contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

ii. Ownership & Control

The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Service, including without limitation, the “look and feel” of this website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Tripconductor. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.

iii. Compliance with Laws & Agreement

You agree to use the Service only for purposes that are permitted by any applicable law, rules or regulations, and as permitted by this Agreement.

iv. Interference

You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service. Other than connecting to Tripconductor’s servers by http requests using a Web browser or through our mobile App, you may not attempt to gain access to Tripconductor’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

v. Linking to Other Sites

You acknowledge that Tripconductor has not reviewed and does not endorse the content of all sites linked to or from this Service and is not responsible for the content or actions of any other sites linked to or from this Service. Your linking to any other service or site is at your sole risk. By linking this Service to another service or site, you expressly agree to the disclosure of User Content permitted by or required to support such linking. You acknowledge that the Service may include advertisements and that Tripconductor is not responsible for the content of such advertisements.

vi. Export Control

You agree not to export or re-export any Tripconductor products and/or services except in compliance with the export control laws of any relevant jurisdictions.

5. User Content

 

i. User Responsibility

You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Service that you did not create or that you do not have permission to post. You understand and agree that Tripconductor may, but is not obligated to, review the Service and may delete or remove (without notice) any site content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Tripconductor violates this User Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Service or provide to Tripconductor.

ii. Content License

When you post User Content to the Service, you authorize and direct us to use and disclose the User Content as necessary to provide the Service and to make such copies thereof as we deem necessary in order to facilitate the transmission, posting and storage of the User Content on the Service. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant Tripconductor and all other users an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, and to prepare derivative works of, or incorporate into other works, such User Content. You may remove your User Content from the Service at any time, but you acknowledge that Tripconductor may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect.

iii. Ownership

We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this User Agreement and the terms of Section 5(iv), you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

ii. Feedback

Notwithstanding Section 5(iii), if you provide Tripconductor with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information (“Feedback”), you agree that:

a. any and all right, title and interest to such Feedback shall become the exclusive property of Tripconductor.

b. Tripconductor shall be able to use and share such Feedback without your consent, only if Tripconductor does not use your first and last name. If you give prior consent, Tripconductor shall be able to use and share such Feedback, while including your first and last name.

c. Tripconductor owes you no obligation or compensation whatsoever regarding the Feedback, and

d. Tripconductor may already have contemplated or be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit such specific Feedback to Tripconductor.

6. Service Moral Obligations

Generally, as a User or traveler or Local guide, registered or not, you agree;

i. you have not previously been suspended by Tripconductor or otherwise banned from the Service.

ii. not to impersonate other users identity and not to have more than one Tripconductor account at any given time.

iii. you are not a direct competitor of Tripconductor and that you have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party.

iv. to attend any booked activity and respect other users during such activity. Any offended traveler or local guide must report arisen issues to Tripconductor Customer Care Team, we will investigate gathered facts and may act accordingly by terminating the access of the traveler to the Service or the contract of the activity provider on the Service. The offending traveler and/or the activity provider shall be responsible for any cost, fine or penalty imposed either by court or authorities on Tripconductor due to the offending User´s misconduct.

With no limitation, as a private local guide (activity provider), you agree:

v. to possess all verifiable documents confirming you as a registered and licensed private local guide.

vi. to continually keep taxation terms secured and appropriate.

vii. to offer, guide and perform booked activities meaningfully, respectfully and peacefully without any disturbance nor damage to the activity venue nor its environment.

viii. to immediately inform Tripconductor Customer Care Team of any changes or modifications in activity date, description or general requirements, whether already booked or not.

ix. to fully perform the activity with the travelers just as described and published by you on the Service.

x. to the fact that travelers reserve the right to cancel a booked activity and the right to a total refund except in cases where cancellation fees are inevitably applicable.

xi. to reschedule an alternative date for an activity that can not be performed simply due to obvious unfavourable weather condition. The traveler has the right to a complete refund if setting a new date is impossible or not acceptable, except for activities like theatre and open shows that require non-refundable entry tickets to be shown.

As we continue to appreciate the collaboration and great activities offered by the Local Tour Guides on the Service, we still remind you that Tripconductor reserves the right to amicably reimburse the total paid amount to a traveler in rare cases of complete dissatisfaction of activity performance reported by the traveler.

ii. Content License

When you post User Content to the Service, you authorize and direct us to use and disclose the User Content as necessary to provide the Service and to make such copies thereof as we deem necessary in order to facilitate the transmission, posting and storage of the User Content on the Service. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant Tripconductor and all other users an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, and to prepare derivative works of, or incorporate into other works, such User Content. You may remove your User Content from the Service at any time, but you acknowledge that Tripconductor may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect.

iii. Ownership

We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this User Agreement and the terms of Section 5(iv), you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

iv. Feedback

Notwithstanding Section 5(iii), if you provide Tripconductor with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information (“Feedback”), you agree that:

a. any and all right, title and interest to such Feedback shall become the exclusive property of Tripconductor.

b. Tripconductor shall be able to use and share such Feedback without your consent, only if Tripconductor does not use your first and last name. If you give prior consent, Tripconductor shall be able to use and share such Feedback, while including your first and last name.

c. Tripconductor owes you no obligation or compensation whatsoever regarding the Feedback, and

d. Tripconductor may already have contemplated or be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit such specific Feedback to Tripconductor.

7. Modification & Cancellation

All change, modification or cancellation requests of booked tours and vacation packages should be directed to Tripconductor Customer Care Team by mailing info@tripconductor.com for immediate processing with no additional cost except for late requests received by us within a short period of 3 working days prior to the activity date where a little modification fee may or may not be applicable by the activity provider.

We shall send you a mail confirming that we received and has attended to your modification request. If you do not receive our confirmation mail, you agree to send a reminder mail or quickly call our Customer Care Team directly.

We further state that:

i. Tripconductor will immediately attempt to process but does not guarantee perfection of date modification for requests received by our Customer Care Team with less than 3 working days prior to the activity date.

ii. In general, date modifications of activities are fully subject to availability by the Local guides (activities providers). Tripconductor does not guarantee any perfection in modification of activity dates.

iii. The dates of booked special activities and events such as theatre or open shows where tickets are to be shown can not be changed. Sales of such tickets can not be modified upon confirmation.

iv. For the request of date modification of multiple-days and overnight tours, you agree to contact our Customer Care Team at least 10 calendar days prior to the commencement of the activity. Otherwise a modification fee could be applied by the activity provider.

v. As a traveler, if within a period of 15 calendar days after booking an activity, you decide not to travel and want to cancel your participation in the activity, you reserve the right to a total refund through the same payment means except in cases where cancellation fees may be inevitably applicable.

vi. With no limitations, there will be no refunds for cancellation claims forwarded to and received by Tripconductor within a short period of 3 working days before the activity date. You further agree that there are no refunds for activities that have already started or already performed. No refunds for activities such as theatre or open shows where non-refundable tickets are to be shown.

Not leaving out the fact that quite uncommonly, the local guides (activity providers) may effect modifications to activity dates, description and general requirements. As soon as we receive a notification of such change from the activity provider, Tripconductor will quickly inform the travelers or representatives about such changes and we will act immediately to resolve the issue by offering a new activity date as modified and set by the activity provider. You reserve the right to a total refund if you are not satisfied with the new date as set by the Local activity provider.

Conclusively, at any time, for any reason or in cases of modifications, Tripconductor reserves the right to make amendments in already booked tours and activities on the Service. We also reserve the right to cancel any booked activity on the Service for a reason or no reason.

 

8. Price & Payment Processing

All prices, additional costs and discounts are as quoted and published on the Service. These prices may be subject to taxes or foreign currency exchange processing costs generated through online payment administration imposed by the Government in your country. These will be added to the total amount due where applicable. If you have any questions concerning any applicable conversion or fees, please do contact your bank or card company.

Any additional amount or discount not highlighted or described or published on the service will not be added to the final price.

Payment methods: Payment for booked tours and vacation packages must be made by an accepted credit or debit card through the Service. We process your payments via PayPal secured payment gateway as provided by the Service.

Tripconductor Voucher & Card Payments: For every booked activity, you will automatically receive a Tripconductor Booked Activity Voucher via a secured automated means on the Service. You can either print out a copy of your voucher or present it to the tour guide as it is on your mobile device.

At the meeting point just before the tour commences, for identification purposes you may be required by the tour guide to show your Tripconductor Booked Activity Voucher and a valid photo ID. Furthermore, in order to protect you and prevent fraudulent misuse of credit or debit cards on the Service, you may be required to show the card as proof of identification and so that the guide can check that the card conforms with the processed data on the booking. You hereby fully agree that in the absence of your processed voucher, you will not be granted permission to perform in an activity.

At Tripconductor, we care about the mutual satisfaction of all Users. As soon as we confirm the payment for a tour which solely depends on banking transaction speed, and following the re-confirmation of tour guide’s availability, Tripconductor will immediately go ahead to pay the tour guide through applicable payment means. Without no limitation, while receiving payments from the travelers or transferring payments to you as a private guide, you agree that we can not guarantee the absence of bank transaction delays of any kind and Tripconductor will attempt to investigate delays but will not be responsible for any of such delays.

Tripconductor will deduct 18% of the total amount paid by the traveler on the Service (termed as Service Processing Commission) and then transfer the accurate applicable amount to the tour guide.

Third-Party Charges & Mobile Alerts: You are solely responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party, including without limitation charges incurred to receive SMS messages or other mobile access, which may be billed to you or deducted from your prepaid balance by your mobile provider. You agree that Tripconductor is not liable in any way for any third party charges.

9. Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Tripconductor.com website or Service any materials that violate another party’s intellectual property rights. If you believe that any material on the Service infringes upon any copyright which you own or control, you may send a written notification of such infringement to us at:

Tripconductor

Attn: Tripconductor Complaints

Calle Pau Casal 73 2-1

Ripollet 08291

Barcelona Spain

Telephone 931726421

Email: support@tripconductor.com

10. Indemnification

You agree to indemnify Tripconductor and its affiliates, employees, agents, representatives and third party Service Providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.

11. Disclaimer

Liability Disclaimer & Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS”, AND TRIPCONDUCTOR, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. TRIPCONDUCTOR, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. WE CONSTANTLY REVISE THE SITE CONTENT, BUT WITHOUT LIMITATION, TRIPCONDUCTOR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION INCLUDED IN ANY POSTED ACTIVITY OR OTHER INFORMATION CREATED OR PROVIDED THROUGH THE SERVICE. USERS AND LOCAL TOURIST GUIDES ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION PROVIDED TO THE SERVICE AND TRIPCONDUCTOR SHALL UNDERTAKE NO RESPONSIBILITY FOR DAMAGES CAUSED BY THE INCLUSION OF ERRONEOUS, INCOMPLETE OR OUTDATED CONTENT AND INFORMATION IN SUCH ACTIVITY ITINERARY OR AVAILABILITY. TRIPCONDUCTOR DOES NOT ENDORSE SUCH CONTENT, AND CAN NOT VOUCH FOR ITS ACCURACY.YOU THEREFORE ACCESS AND USE THE SITE AT YOUR OWN RISK. THE LOCAL PRIVATE TOUR GUIDES OR PROVIDERS OF HOLIDAY ACTIVITIES OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR AFFILIATES OR EMPLOYEES OF TRIPCONDUCTOR OR ITS AFFILIATES. TRIPCONDUCTOR ‘S DISPLAY OF HOLIDAY ACTIVITIES AS PROVIDED BY PRIVATE LOCAL GUIDES THROUGH THE SERVICE DOES NOT IN ANY WAY IMPLY, SUGGEST, OR CONSTITUTE ANY SPONSORSHIP OR APPROVAL BY TRIPCONDUCTOR OF SUCH PROVIDER OR ANY AFFILIATE OF SUCH PROVIDER. YOU AGREE THAT TRIPCONDUCTOR IS IN NO WAY RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF INFORMATION IT MAY OBTAIN FROM THESE PROVIDERS. YOUR INTERACTION WITH SUCH PROVIDERS IS AT YOUR OWN RISK. TRIPCONDUCTOR AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TRIPCONDUCTOR AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, LATE CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL. TRIPCONDUCTOR, ITS AFFILIATES, AND THEIR RESPECTIVE SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO: THE PROVIDING OF SERVICES HEREUNDER, THE DELIVERY OR NON-DELIVERY OF ACTIVITIES` INFORMATION, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ON ANY PROVIDER , INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE TO RELEASE TRIPCONDUCTOR, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE.

12. Service Access & Modification

While we try to ensure the Service is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Service (website) is unavailable or inaccessible at any time or for any period.

Tripconductor reserves the right to modify the Service at any time without notice, including adding or removing features or functionality.

Tripconductor reserves the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice.

The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

13. Dispute Resolution

General Information

If a dispute arises between You and Tripconductor, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Tripconductor agree that we will resolve any claim or controversy at law that arises out of this Agreement or our services. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.

14. General Provisions

Tripconductor.com is a touristic utility that connects travelers with local tour guides with its head office located at Calle Pau Casals 73 2-1, 08291 Ripollet, Barcelona, Spain. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

15. Legislation & Applicable Jurisdiction

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the Spanish Legislation, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the court of Barcelona.