This document regulates the general terms and conditions of use (“General Conditions”) of the site registered under the domain www.tukexperience.com (“Site”), brand belonging to Helgan Travel Green, S.L., a company registered under the laws of Spain and whose headquarters is located in Desiderio Varela number 9 Carballo A Coruña 15100 (“Tuk Experience”).
The use of the Site automatically assigns the status of user (“User”) to whoever uses it and implies knowledge and full acceptance of the General Conditions. If you do not fully accept any of the General Conditions, you must not use the Site.
Tuk Experience, which owns the contents of the Site, reserves the right, at any time, to modify or update the General Conditions without prior notice.
Please read these Terms and Conditions carefully before using the Site.
1. WHAT WE DO
1.1. The Site is an online aggregator of tourist animation service providers that operate in different Spanish cities (“Operators”) and that provide transport services of a tourist nature and enjoyment (“Services”).
1.2. The purpose of the Site is to allow the Operators to promote the contracting of the Services by facilitating the encounter between supply and demand through an aggregation platform available to all Users.
1.3. For each city we will have an Operator selected by us, through which Users may choose one of the Services among the various options presented on the Site.
1.4. The Operators may also have their own websites, not having any relationship with the Site. The descriptions of the characteristics of the Services presented therein are the sole responsibility of the Operators, Tuk Experience not having any intervention in their content or wording.
1.5. The Site allows the contracting of Services to the Operators in the manner set out in these General Terms and Conditions.
1.6. The Operators cannot provide passenger transport services of a non-tourist nature and enjoyment through the Site.
2. SERVICE CONTRACT
2.1. Through the Site, the Tuk Experience allows the promotion and conclusion of Service contracts between Operators and Users who wish to do so by accessing the Site.
2.2. Tuk Experience does not provide transport services of any kind, this being the sole responsibility of the Operator.
2.3. The only parties to the service contract are the User and the Operator. Tuk Experience will be considered a third party for the purposes of the contract, being unaware of any issues that may arise in relation to it.
3. ACCESS TO THE SITE
3.1. Despite efforts to ensure the regular uninterrupted operation of the Site, Tuk Experience shall not be liable if, for any reason, the Site is unavailable at any given time or for a certain period.
3.2. Access to the Site may be temporarily suspended without prior notice in the event of system failure, maintenance or repair due to force majeure.
4. USER CONTENT AND CONDUCT
4.1. Any content transmitted by the User to the Site, with the exception of data that is protected under the Privacy and Cookies Policy, shall be considered non-confidential and non-personal. Tuk Experience shall have no liability for this content.
4.2. Without prejudice to the provisions of the Privacy and Cookies Policy, Tuk Experience and all authorised persons may copy, disclose, distribute, incorporate or use such content, as well as all data, images, sounds, texts and other elements that make up such content for any purpose, commercial or not.
4.3. The User shall be prohibited from transmitting, to or through the Site, any content:
- Threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, likely to incite racial hatred, discriminatory, intimidating, scandalous, inconvenient, inflammatory, or in violation of a duty of confidentiality or privacy or likely to cause disturbance;
- For which the User has not obtained the necessary licenses and/or authorizations;
- That constitutes or incites conduct that may constitute a crime, give rise to civil liability, or otherwise violate the law or the rights of any third party in any jurisdiction;
- Likely to cause technical damage, e.g. computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted or damaging data, or any other harmful software.
4.4. The User shall be prohibited from using the Site in any way that causes an error in the use of the Site, in particular by means of hacking.
4.5. Tuk Experience may be compelled to disclose to the legal authorities the identity or location of any User in violation of the above, by judicial decision.
2. HYPERLINKS TO OTHER SITES
5.1. Links to other sites may exist on the Site. Tuk Experience is not responsible for these sites, in particular their content, availability and performance.
5.2. By using these links, you will leave the Site. The risk of access to third-party sites linked to the Site is the sole responsibility of the user.
6. REGISTRATION
6.1. In order to be able to contract the Services, Users must register on the Site.
6.2. The User is solely responsible for the information provided on the Site.
6.3. Each registration is granted to a single user. The User is not allowed to transmit the username and password to any third party or to multiple network users.
6.4. The User is solely responsible for the protection of the access password assigned to him/her.
6.5. The User’s personal data will be processed in accordance with the Privacy and Cookies Policy.
6.6. Registrations may be made by individuals or collectives. In case a company is registered, it will be mandatory for the registration to include the name of the person who legally represents it.
6.7. Aliases or false names are not allowed, and bots or other automated software or electronic records may not be used to substitute or impersonate a person.
6.8. Tuk Experience reserves the right to delete any account created on the Site in which these principles are not complied with.
7. THE TERMS AND CONDITIONS OF THE CONTRACTING OF THE SERVICES
7.1. The terms and conditions of the Operators’ Services, which are constant on the Site, are defined by each Operator and by each specific Service or set of Services.
7.2. The prices presented on the Site are the sole responsibility of the Operators providing the Services.
7.3. The prices presented may vary depending on the pricing policy of each Operator, without prior notice or special reason that lacks justification.
7.4. Each Operator may make promotions or offers applicable to the Services provided by you.
7.5. Users may use the promotions or offers offered by the Operators, however, their use will be valid only for the Services of the Operator who arranged them and/or under the conditions described in the promotion or offer.
7.6. The constant prices of the Site include the amount owed by the Operator to Tuk Experience for the availability of the Operator’s Services through the Site, and Users do not owe any amount to Tuk Experience for the use of the Site.
7.7. The prices presented on the Site already include VAT at the legal rate in the country where the Services will be provided.
7.8. By contracting the Services, the User expressly accepts all the conditions described in the presentation of this Service, as well as these General Conditions.
7.9. In the case of Services contracted by or for companies, the person or persons who bind the company must be indicated.
7.10. The Operator has the right to refuse to contract a Service by the User if the User provides incorrect information during the contracting process of that Service.
7.11. In the event that the user puts himself, other beneficiaries of the Services or third parties at risk, the Operator has the right to exclude him from contracting his Services.
7.12. In none of these cases shall the User be entitled to claim any refund of payments made to the Operator.
7.13. The User shall pay for the Services provided by the Operator to Tuk Experience through the means of payment indicated on the Site.
7.14. The Operator may not charge the Client any amount other than that Tuk Experience charges through the means of payment indicated on the Site.
8. UNACCOMPANIED MINORS
8.1. The Services may not be provided to unaccompanied minors.
8.2. If you contract a Service intended for a minor, the minor must be accompanied by a person over 18 years of age.
8.3. Tuk Experience is not responsible for the contracting of Services whose enjoyment is intended for minors.
8.4. The responsibility for the admission of Users lies with the Service Operator, who will have to verify whether the participants comply with the constant requirements of the Site and the other elements of the contracted Service.
9. REFUND POLICY
9.1. In the event that the User is not satisfied with the Service provided, Tuk Experience undertakes to reimburse the User for the amount paid for the Service.
9.2. The User must state the reasons for his/her dissatisfaction.
9.3. The reasons for dissatisfaction stated by the User shall be relevant for the purposes of improving the services provided by Tuk Experience and the Operator.
9.4. Without prejudice to the provisions of the preceding paragraphs, the Operator may define other reimbursement conditions in respect of the Services provided by you.
9.5. In the description of the Service, the Operator has the duty to clearly provide information regarding the refund policy practiced.
10. TERMINATION
10.1. The User may terminate the Services contract through the Site up to 24 (twenty-four) hours before the scheduled time of its execution. You can call us at (+34) 626 87 68 66 or send us an email to reserva@tukexperience.com.
10.2. In the event that the User does not appear on the agreed date and place or terminates the service contract within a period shorter than that indicated in the previous section, Tuk Experience will not proceed to any refund.
10.3. Except as provided in the preceding numbers, the resolution policy in force for each Service is the one defined by each Operator and made available on the Site.
10.4. Sometimes, the resolution policy of some of the Operators does not match the resolution policy of Tuk Experience. In cases where there is difficulty in enforcing the termination policy announced by the Operator, the User must immediately communicate, in writing, via e-mail, any occurrence, clearly explaining what happened and sending all information and documents related to the matter in his possession. Tuk Experience will make every effort with the Operator to ensure that any dispute with the User is resolved fairly.
10.5. In the description of the Service, the Operator has the duty to clearly provide information regarding the resolution policy practiced.
11. CHANGES IN CONTRACTED SERVICES
11.1. The Service contracted through the Site may undergo changes for reasons related to weather conditions or other unexpected or accidental circumstances.
11.2. When these situations occur, the User is entitled to the new programming of the Service. If it is not possible to mark, you will be entitled to a refund of the payment made.
11.3. The Operator shall inform on the Site of any alteration imposed on its Services up to 24 (twenty-four) hours before the scheduled time of its provision.
11.4. In the event of any alteration to the contracted Service, the User will receive an email with the new information necessary for its execution, in particular, the date and place of its provision.
12. EVALUATION SYSTEM
12.1. An evaluation system will be made available to Users, through the Site and at the end of each trip, in which they will be able to evaluate the quality of the service provided and the performance of the Operator’s representatives, collaborators and employees.
12.2. The evaluation shall be assigned on the basis of the following criteria:
- 1 (one) star – very unsatisfactory service;
- 2 (two) stars – unsatisfactory service;
- 3 (three) stars – satisfactory service;
- 4 (four) stars – very satisfactory service; and
- 5 (five) stars – excellent service.
12.3. The evaluation attributed by the User shall be taken freely, reasonably and consciously and shall not be influenced in any way by the Operator or by third parties.
13. INFORMATION USED BY PAYMENT METHOD OPERATORS
13.1. Tuk Experience does not have access to the data collected by the operators of payment methods used on the Site.
13.2. Tuk Experience is not responsible for the use made by payment method operators of the information collected for payment purposes.
13.3. No confidential information relating to means of payment shall be retained on the Site or shall be known to the Operators.
14. LOSS OF DATA AND LIABILITY
14.1. Tuk Experience maintains a digital version of all the data of the User’s registration and the contracting of Services carried out through the Site. In the event of loss or damage to the printed receipt, the User will always have the possibility to reprint the certificate, provided that they log in to their account or contact the Site via the available email address.
14.2. When the Service is contracted, a copy of the receipt is sent to the user’s e-mail. This e-mail may serve as proof as it contains the necessary elements for the identification of the contracted Service and its participants.
14.3. Users of the Services may be required to provide identification documents proving their identity.
14.4. The User is aware that the use of the Site may not be absolutely safe, and there is the possibility of interception of information sent/received by unauthorized parties. Tuk Experience is not responsible for communications security breaches or misuse of your information by third parties.
14.5. The use of the Site may be interrupted and the information may contain bugs, errors, technical failures, problems or other limitations.
14.6. Tuk Experience and any of its representatives, collaborators, administrators, workers, shareholders or agents, are excluded, to the maximum extent permitted by law, from any liability, direct or indirect, resulting from the use of the Site by the User.
15. TIME ZONE
The time count for any warranty, claim or other matter for which a time period needs to be defined is based on GMT (Greenwich Mean Time).
16. INTELLECTUAL AND INDUSTRIAL PROPERTY
16.1. Tuk Experience owns all copyrights and any other intellectual and industrial property rights over the Site, not allowing the copying, collection, publication, distribution or reproduction of the information contained on this Site (in particular, photographs, logos, graphic images, icons, tools and graphic design of the Site) without its express authorization.
16.2. Its use for public or commercial purposes is also prohibited.
16.3. Violation of the provisions of the preceding sections determines the automatic revocation of the authorization to use the Site, and the User is obliged to destroy any element obtained by downloading or printing the Site.
16.4. The User may not reproduce or store any element of the Site on another site or integrate it into any electronic retrieval system, public or private, without the prior written consent of Tuk Experience, which reserves any rights not conferred in accordance with these provisions.
17. GOVERNING LAW AND JURISDICTION
17.1. These General Terms and Conditions of our services shall be governed in accordance with Spanish law, in particular, in accordance with Law 34/2002, of 11 July, on information society services and electronic commerce, and RDL 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users.
17.2. Any dispute relating to these General Terms and Conditions must be submitted to the competent Spanish courts.
17.3. The Services contract concluded between the User and the Operator shall be interpreted and integrated in accordance with the law of the country in which the Service is provided.
17.4. The User exempts Tuk Experience from any liability inherent in the provision of the Service contracted through the Site.
17.5. Any issue or dispute arising from the provision of Services between the User and the Operator shall be settled by the court of the country where the Service is provided.
17.6. If there is any case in which it is necessary to resolve any conflicts arising from these General Conditions, the User must first contact the Operator to try to resolve the situation.
18. ACCEPTANCE OF TERMS AND CONDITIONS
18.1. By registering on the Site to contract the Services available, the User accepts these General Terms and Conditions by clicking on the “I accept the General Conditions” box.
18.2. After acceptance of the Terms, the User agrees that all acts and movements carried out on the Site are subject to the rules set forth herein