STANDARD TERMS AND CONDITIONS
We provide our products and services based exclusively on the following terms and conditions.
By booking on www.divine-tour.com you automatically agree to our terms and conditions.
- Our tours and transfers can only be booked through the internet or our authorized partners. The reservation order is placed and confirmed as soon as the person making the reservation has clicked the “book” button on our homepage.
- Verbal reservations made with individual tour guides or travel agencies must be confirmed in writing by DivineTour in order to become a valid reservation. A confirmation received by a computer reservation system of a travel agency or an e-mail confirmation by one of our partners shall not serve as a written confirmation by DivineTour.
PRICING & INCLUSIONS/EXCLUSIONS
- Prices listed on www.divine-tour.com and affiliated websites are per person, unless otherwise specified.
- Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by DivineTour.
- Price quotations are subject to change without notice, until a booking has been confirmed.
- Unless otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.
- Prices do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; and any beverages or food not specifically listed as included under “Additional information on the tour” on the product pages of www.Divine-Tour.com or DivineTour-affiliated websites.
PAYMENT TERMS AND RETENTION OF TITLE
- The delivery of our products and services is subject to payment in advance. A tour is considered booked when the full price of the booked tour has been transferred to our bank or PayPal account.
- Tours are considered definitely booked after the written confirmation by DivineTour, following your payment by credit card or direct debit via PayPal.
- DivineTour accepts only the payment methods listed on our website. DivineTour accepts the following credit cards: Mastercard, Visa. There is no charge or service fee for processing credit-card payments. Full payment by credit card is required to make a reservation. Payment will be listed as DivineTour on the credit card statement.
- Before receiving full payment there is no obligation for DivineTour to issue receipts, vouchers, gift vouchers or any other travel or tour documents.
- After successful payment you will receive a personalized voucher for each tour or service booked. Vouchers will be sent by email to your email address. You can access your voucher in your user account. Please print the original and authentic voucher, sign it and hand it over to your guide and/or driver at the start of the service. Your reservation cannot be honored or redeemed without presenting a valid DivineTour Voucher.
- For security purposes, when redeeming your DivineTour Voucher you must present a valid Photo ID and sign the DivineTour Voucher. This is for identification purposes and helps us to prevent fraud.
- Gift Certificates: If you make a purchase using a DivineTour Gift Certificate, DivineTour requires that you present the Gift Certificate used to purchase your tour, ticket or package at the time of redemption. All gift certificates issued by DivineTour remain valid until completion of the tour date or the booked tour date has passed. DivineTour is not responsible for stolen or lost Gift Certificates. All Gift Certificates sales are final.
- Payment for special services requested, such as special vehicles and meals offered by third-party-vendors, remain the sole responsibility of Client. However, as part of our special Incentive Tour offers, DivineTour will arrange and pay for special services requested by Client provided DivineTour has received full payment for the entire Incentive Tour package at least 14 days prior to the scheduled tour start, or 30 days prior to scheduled tour start if the number of participants is 50 or higher. Failure to make full payment within these time-frames will void any special service requests.
- Until the complete fulfillment of all claims arising from the business relationship between DivineTour and its Clients all goods and services sold remain property of DivineTour.
CANCELLATION POLICY AND FEES
- Cancellations by Client: Client can cancel a confirmed tour or event by sending an e-mail to [email protected]. When canceling any booking you will be notified via email, facsimile or telephone of the total cancellation fees. Canceling a booking with DivineTour can result in cancellation fees being applied by DivineTour, as outlined below.
- If you cancel at least 7 calendar days in advance of the scheduled departure or commencement time, there is no cancellation fee.
- If you cancel within 7 calendar days of the scheduled departure or commencement time, you will be charged a 100% cancellation fee.
- If you do not attend a booked tour or event, you will be charged a 100% cancellation fee.
- No refunds are available once a tour or service has commenced, or in respect of any package, accommodation, meals or any other services utilized.
- Purchased tickets as entrance tickets and skip the line-tickets to the Vatican Museums, Angel’s Castle, or any other museums are not refundable under any circumstances.
- Gift Certificates are non-refundable under any circumstances.
- PRIVATE TOURS AND TRANSFERS: Whenever heavy rain or other unpredictable events make a tour impossible, DivineTour will try to conduct the tour on another day of the Client’s holiday. If DivineTour and client cannot agree on an alternative date for the tour, DivineTour will refund 30% of the amount paid to the Client. Whenever such an event forces DivineTour to postpone or cancel a tour, DivineTour will attempt to reach Client by telephone, e-mail and text message using the contact information Client has provided DivineTour. If Client does not answer DivineTour’s telephone calls, mails and SMS messages or otherwise fails to cooperate with DivineTour’s attempts to arrange for alternative tours, Client shall forfeit the right to any refund.
- PRIVATE TOURS AND TRANSFERS: Client can change an original booked date and use the prepaid amount to reserve a tour on a different day or at a different time free of charge, provided Client notifies DivineTour via e-mail [email protected] at least seventy-two (72) hours before the confirmed tour date. Requests for date and/or time-changes received less than seventy-two (72) hours prior to the tour date may be subject to additional service fees for re-booking.
- GROUP TOURS AND TRANSFERS: DivineTour reserves the right to move or cancel group tour or transfer dates up to forty-eight (48) hours prior to the tour date if a minimum of five (5) participants have not been confirmed.
THIRD PARTIES, AND EXCUSABLE DELAY OR CANCELLATION
- For all tours with a minimum of five (5) participants DivineTour provides an air-conditioned minivan for the longer parts of the tour.
- Neither party shall be liable to the other for damages for any delay or cancellation arising out of causes beyond its reasonable control and without its fault or negligence.
- DivineTour reserves the right at any time to make changes in its tour descriptions and specifications, its pricing policies or to correct printing errors. No such changes shall reduce quality or performance of products or services not yet shipped or delivered, but for which orders have been accepted and confirmed by DivineTour.
- Our products and services are constantly developed and improved. This can lead to short-term changes of the information given on our website or in our sales literature. This does not obligate DivineTour to communicate these changes to the user or Client.
- The most recent version of our terms and conditions is found on our website.
LIMITATION OF LIABILITY AND RELEASE
- DivineTour uses its best business practices and reasonable diligence to select the proper placement of your tour with selected tour guides.
- If a tour is not provided according to the agreement, Client can demand redress. DivineTour can remedy this claim by offering an alternative service of equal or higher value.
- DivineTour is not responsible for accidents and resulting damage to person or property caused by one of the tour participants. When driving an electric car or scooter, tour participants will be required to sign a liability agreement with DivineTour or its partners.
- DivineTour and Client each agree to release and waive any liability of and claim against the other, its officers, agents and employees, for loss of or damage to property or person, including loss of use arising directly or indirectly out of or in connection with the other’s performance under DivineTour’s tour offer and quotation, these Terms and Conditions, or Client’s bookings or orders.
- Website operator of www.Divine-Tour.com (the “Website”) and all affiliated websites is DivineTour SL with its legal headquarters based in Barcelona, Spain.
- All content and images on our website are property of DivineTour SL or our partners and only for your personal and non-commercial use. It is forbidden to copy, reproduce, download or use contents of our website available to the public.
- DivineTour is not responsible for external links and does not adopt their content.
- You need to create an account and provide information about yourself in order to use some of the features on the Website. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
- Your account is for your personal, non-commercial use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity), create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
- We may terminate or suspend your account or ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Website if you misuse the Website. Any such termination or suspension could prevent you from accessing your account, the Website, Your Content, Website content, or any other related information.
- You may close your account at any time and discontinue your use of any and all parts of the Website. If you close your account, we may continue to display your previously published content and are under no obligation to remove any of Your Content.
- You can contribute to the Website in a number of different ways, including writing reviews, uploading photos, filling out your public profile, and rating other users’ contributions (“Your Content”).
- We may use Your Content in a number of different ways, including displaying it on the Website, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us permission to use Your Content for any purpose. You also irrevocably grant the Website’s users and the users of any Other Media the right to access Your Content in connection with their use of the Website and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.
- You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by DivineTour.
- You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
- We may remove or reinstate Your Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
- DivineTour and its affiliates may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
INTELLECTUAL PROPERTY RIGHTS
DivineTour retains title and all associated rights to its intellectual property, including trademarks, trade names, copyrights, patents, product packaging, associated markings, advertising, marketing materials and manuals, which may not be copied, removed, disguised or changed by Client.
All notices and other communications required or authorized under these Terms and Conditions to DivineTour shall be given in writing via e-mail to [email protected].
In performing under DivineTour’s tour offer and quotation, these Terms and Conditions or Client’s bookings or orders, all applicable governmental laws, regulations, orders and other rules of duly constituted authority will be followed and complied with in all material respects by both parties. The parties agree to make reasonable efforts to advise the other of any such matters in its country affecting the other.
- Unless and where specifically limited, remedies reserved in these Terms and Conditions shall be cumulative and in addition to any other remedies provided in law or equity.
- Neither DivineTour nor Client assumes any liability for consequential, indirect, incidental or punitive damages incurred or suffered by the other.
- Any action on a breach of DivineTour’s obligations under this Section must be commenced within one year of the original booking date.
- No waiver of any provision herein shall constitute a waiver of any other. Failure by either party to enforce any provision of these Terms and Conditions or shall not constitute a waiver of the provisions or prejudice the right of either party to enforce the provision at any subsequent time.
- If any provision of DivineTour’s tour offer and quotation, these Terms and Conditions or Client’s bookings or orders is or becomes void or unenforceable by force or operation of law, the other provisions shall remain valid and enforceable.
- Oral statements and understandings are not valid or binding, and DivineTours tour offers and quotation, these Terms and Conditions, and Client’s bookings or orders (1) shall not be changed or modified except by a writing signed by both parties, and (2) represent the entire agreement between the parties concerning the subject matter hereof.
- In case of conflict, the order of priority shall be DivineTours tour offer, these Terms and Conditions and Client’s orders.
Any claims or disputes arising out of or relating to these Terms and Conditions or any bookings or tours organized by DivineTour shall be settled by arbitration in Barcelona, Spain. The parties consent to the jurisdiction of the courts in Barcelona, Spain, to enforce such arbitration. Governing law shall be the internal laws of the Province of Barcelona, without regard to its conflict-of-law rules.