Legal notice and terms and conditions of the guruwalk.com platform
Please take time to read this document carefully. It refers to the Legal Notice that regulates the access, navigation and use of the platform "GuruWalk", owned by GuruWalk, Limited Company, located at the URL www.guruwalk.com (hereinafter, the "Platform").
The access, navigation and use of the Platform implies the express and unreserved acceptance of all the terms of this Legal Notice, having the same validity and effectiveness as any contract concluded in writing and signed.
Its compliance and enforcement will be required with respect to any person who accesses, navigates or uses the Platform. Please do not access, browse or use the Platform if you do not agree with the terms set forth.
1. Data of the company.
GuruWalk, Limited Company is a company established in Spain, at Calle Floresta, 26 - 2, 46022 Valencia and with NIF B98958648, registered in the Mercantile Register of Valencia, in Volume 10407, Book 7688 Page 44, Section 8 and Sheet number V179201, (hereinafter, "GuruWalk").
To communicate with GuruWalk directly and effectively, you can do so through this page: https://www.guruwalk.com/user_feedbacks/new.
2. Subject matter and scope of application.
This Legal Notice regulates the access, navigation and use of the Platform owned by GuruWalk, which reserves the right to change the conditions for accessing or using the Platform and its services, as well as its presentation, configuration, layout and content. The access and use of the contents of the Platform and the services provided through it after the entry into force of its modifications or changes imply their acceptance.
Likewise, by means of the present document, the conditions of use and registration by the users are established with the purpose to be aware of their rights and obligations in relation to their use of the Platform and its services.
3. Access and registration.
The access to the Platform by minors is prohibited, unless they have the prior and express authorization of their parents, guardians or legal representatives, who will be considered responsible for the acts carried out by minors under their care, in accordance with current regulations. In any case, it will be presumed that the access made by a minor to the Platform has been made with prior and express authorization of their parents, guardians or legal representatives.
4. Conditions applicable to services
The tour provider is the organizer of the tour, which offers touristic support services through the Platform. GuruWalk does not organize or offer any type of own tours.
The tour provider guarantees GuruWalk that it will be aware of all the obligations that may arise from its activity (for example, and non-restrictive, the obligation to respect the marked itineraries where tours can be carried out, the local regulations where the tour is carried out and any other legal, fiscal or tributary obligation, as well as having all the necessary licenses or certifications required by the corresponding local, regional or national tourist legislation).
Please, be aware that GuruWalk is only an intermediary that facilitates the reservations of your tours with tour providers and that GuruWalk does not own, operate or provide its own tours. When booking a tour, you are contracting the specific provider of that tour, adhering to the conditions that have been established between you and the tour provider, without GuruWalk being part of that contract and/or having any responsibility for any vicissitude related to it (execution of the tour, quality of it, cancellations, delays, breaches, accidents during the tour, etc.). It is the sole responsibility of the tour provider to guarantee the accuracy, legitimacy and correctness of all the content and information provided on the Platform belonging to your tour and services. In any case, our users usually reflect their opinions on satisfaction or rating with the tour that can serve as a reference. Keep in mind that GuruWalk does not affect or transform the rating of the tours.
GuruWalk only facilitates contact between the user, as a person looking for tours, and the tour service provider, so GuruWalk does not guarantee in any way the correct execution of the tour. Any claim on this execution must be made only and exclusively to the tour provider which you freely decided to book. It will be the tour provider who must decide how to resolve any claim you have made in relation to the agreement that you have reached.
If you hire a tour in which any accompanying person(s) will participate, you guarantee that you will inform the accompanying person(s) of the present terms and conditions, as well as that the accompanying person(s) understand(s) and accept(s) these terms and conditions.
You will receive a confirmation of the booking via email after completing the reservation process, including all the information available to GuruWalk about the specific tour according to the information provided by the tour provider.
When making a tour reservation, you accept the policies of the tour providers including all the no-show, cancellation and check-in policies that are shown or established in their terms and conditions. Again remember that the tour is contracted with a third party provider of the tour, not with GuruWalk, so the contract that will govern the provision of tour services will be the one agreed with the specific provider, and the responsibility for the correct provision and legitimate service will be the one of the tour provider.
It is your responsibility to notify the tour provider directly to make any changes to the reservation or inform him/her of any special requirements/facilities that you or your accompanying person may require.
The list of tour providers in GuruWalk should not be considered as a specific recommendation of GuruWalk, which only offers the services of the tour providers registered in the Platform, always trying to ensure that the quality of these is adequate, but without being responsible for the proper provision of tourist support services.
The Platform provides the user with a rating system through which the user can review the score that other users have given to the services provided by certain tour providers, as well as the comments that other users have provided about their experience. GuruWalk is not responsible for the opinions and ratings granted by other users. It is only you who must value which tour to choose, and you do it at your own risk.
You, as a user, can provide your opinion, assessment and comments about tours you have made. GuruWalk reserves the right to modify or eliminate any comments you make, without needing to provide any specific reason. Although we are not forced, we may remove, edit, block and/or monitor content or accounts that contain content, as long as we determine, in our sole discretion, that they violate these terms and conditions. All comments and evaluations that you provide may be visible, along with your name and profile picture, by other users of the Platform.
You are solely responsible for the interaction you establish with other users of the Platform and are aware that GuruWalk is not responsible for the behavior of other users. While doing everything possible to maintain cordiality and respect in the relationships between users, GuruWalk reserves the right to monitor or get involved in conflicts that you maintain with other users. We ask you to act with common sense and use your best judgment when interacting with other users, avoiding malignant, offensive or other expressions that may hurt the sensibility of the other users of the Platform.
GuruWalk reserves the right to change/update these terms and conditions in addition to the content or materials of GuruWalk at its own discretion without notice and liability. Such changes will not affect the previously accepted terms when making a legitimately valid reservation.
GuruWalk does not claim ownership of any content you post on or through the Platform. Instead, you hereby grant GuruWalk a free license on all content or images you post on the Platform for the purposes of publication, modification, transformation, compilation, public communication and exploitation by GuruWalk as we deem appropriate, under any form, through any support or medium, for the entire world.
In this regard, you guarantee that (i) the published content is original and that you are the creator of this content; (ii) the publication and use of such content does not infringe, misuse or infringe the rights of third parties, including without limitation, the rights of privacy, publicity, author, trademark or other intellectual property rights; (iii) you agree to pay all copyrights, fees and any other amounts due as a result of the content published on or through the Platform, and (iv) you have the right and legal capacity to comply with these terms and conditions under the Spanish jurisdiction.
It is not allowed and, therefore, its consequences will be the sole responsibility of the user, the access or use of the Platform for illegal or unauthorized purposes, with or without economic purpose, and, including, but not limited to, is prohibited (i) to use the Platform in a way that could cause damages, interruptions, inefficiencies or defects in its functionality or on the computer of a third party; (ii) Use the Platform for the transmission, installation or publication of any virus, malicious code or other harmful programs or files; (iii) Register through the Platform with a false identity, supplanting third parties or using a profile or performing any other action that may confuse other users about the origin of a message; (iv) Access without authorization to any section of the Platform, to other systems or networks connected to the Platform, to any GuruWalk server or to the services offered through the Platform, by means of hacking or falsification, extraction of passwords or any other illegitimate means; (v) Break, or attempt to break, the security or authentication measures of the Platform or any network connected to it, or the security measures or protection inherent in the contents offered on the Platform; (vi) Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Platform or in the systems or networks of GuruWalk, as well as in the systems and networks connected to the Platform, such as denial of service attacks; or (vii) Prevent the normal development of promotions or contests or any other activity that may be offered through the Platform or any of its functionalities, either by altering or trying to alter, illegally or otherwise, access, participation or operation of those, or falsifying the result thereof and/or using fraudulent participation methods, by any procedure, and/or through any practice that violates or in any way violates these terms and conditions.
GuruWalk may delete or block the account of any user who fails to comply with the aforementioned conditions, without prejudice to the exercise of legal and/or administrative actions that GuruWalk may take against the offending user. The elimination of the account will not in any case entail compensation for damages and losses to the user.
5.1. Links to other web pages
Taking into account the impossibility of control over the information, content and services contained in other websites that can be accessed through the links that the Platform places at your disposal, we inform you that GuruWalk, is exempt from any responsibility for the damages of any kind that could derive from the use of those web pages unrelated to our company by the user.
In this sense, if the users had actual knowledge that the activities developed through these third-party websites are illegal or contravene morality and / or public order, they should immediately inform GuruWalk so that they can proceed to disable the access link to them, action that will be carried out in the shortest possible time.
In any case, the establishment of any type of link from the Platform to another web page does not imply that there is any kind of relationship, collaboration or dependency between GuruWalk and the person responsible for the external web page, nor the acceptance and approval by GuruWalk's content and / or services, being its owner, manufacturer or distributor the sole responsible for them.
The exemption from liability in favor of GuruWalk regarding the operation, content or treatment of data of any page linked from the Platform, covers the links to social networks that may have been established in the Platform to facilitate the user's access to them. The user is solely responsible for reading and accepting the terms and conditions, if any, of the platforms owned by third parties accessed from the Platform.
5.2. Links on other web pages with destination to the platform
GuruWalk does not authorize the establishment of a link to the Platform from those web pages that contain materials, information or illegal content, degrading, obscene and, in general, that contravene laws, morals or public order, or social standards generally accepted.
In any case, users may establish links in their respective web pages to the Platform, as long as they meet the following conditions: a) the link may not reproduce the content of the Platform or parts of it in any way; b) it is not allowed to create a search engine on the sections of the Platform, nor can the Platform be modified in any other way; c) it is not allowed to make false, inaccurate or incorrect statements or indications about the Platform and / or, in particular, to declare or imply that GuruWalk has authorized the link or that it has supervised or assumed in any way the contents or services offered or made available on the web page where the link is established; d) the web page on which the link to the Platform is established will not contain information or illegal content, contrary to morality and generally accepted good customs and public order, nor will it contain content that is contrary to any rights of third parties, including rights of intellectual and industrial property and / or the right to honor, to personal or family privacy or to one's own image or any other right, or contents contrary to the regulations governing the protection of personal data.
GuruWalk does not have the faculty or human and technical means to know, control or approve all the information, contents, products or services provided by other websites that have established links to the Platform. GuruWalk does not assume any responsibility for any aspect related to the web that establishes this link with destination to the Platform, specifically, but not limited to, its functioning, access, data, information, files, quality and reliability of your products and services, your own links and / or any of its contents, in general. In any case, if the user fails to comply with the terms and conditions of the community, GuruWalk reserves the right to expel the breach of the platform and, where appropriate, close the tours of the non-compliant user.
6. Responsibility and guarantees
By making this Platform available to the user, we want to offer a series of quality content and services, using the utmost diligence in providing them and the technological means used. However, we will not respond to the presence of viruses and other elements that may damage the user's computer system in any way. The user is aware that mere browsing through the Internet involves inherent risks completely unrelated to GuruWalk, so the user accepts that any damage or harm arising from the use of the Platform that may be derived from the use of the Internet will not be the responsibility of GuruWalk.
The user assumes the exemption of any responsibility of GuruWalk due to causes of force majeure, including technological failures of its own or of others derived from the current state of technology.
The user assumes all responsibility arising from the use of the Platform, being solely responsible for any direct or indirect effect that may result to the detriment of the user or the Platform, including, but not limited to, any adverse economic, technical and/or legal repercussions as well as the disappointment of the expectations generated by the Platform, obliging the user to hold harmless GuruWalk for any claims derived, directly or indirectly, from such facts.
GuruWalk is exonerated of responsibility for any claim regarding the intellectual property rights of the articles and images published in its Platform, as well as, does not guarantee the accuracy, veracity and validity of the contents of the Platform, whether own, of third parties, or linked to other websites, being totally exempt from any liability arising from the use thereof. In this sense, the user guarantees that the images they upload to the Platform respect the rules of the GuruWalk community and have been taken with express consent for publication.
The User acknowledges that he/she has understood all the information regarding the terms and conditions of the Platform, and recognizes that they are sufficient to exclude the error therein, and therefore, accepts them integrally and expressly.
The User is fully aware that mere navigation through the Platform, as well as the use of its services, implies the acceptance of these terms and conditions, regardless of whether it is registered in the Platform or not.
7. Intellectual and industrial property
GuruWalk is the owner of the Platform or, where appropriate, has the corresponding licenses on the exploitation rights of intellectual and industrial property.
In no case will it be understood that the access, navigation and use of the Platform by the user implies a waiver, transmission, license or total or partial transfer of said rights by GuruWalk. The user has a right to use the contents and / or services of the Platform within a strictly domestic sphere.
Any reference to trademarks or registered trade names, or other distinctive signs, whether owned by GuruWalk or by third parties, in which case they have allowed us to use and / or exploit them, imply a prohibition on their use without the consent of GuruWalk or of its legitimate owners. At no time, unless expressly stated otherwise, the access, navigation or use of the Platform and / or its contents, gives the user any rights over distinctive signs included in it.
All rights of intellectual and industrial property are reserved on the contents and / or services of the Platform and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and under any form, the entire or part of the contents included in the Platform, for public or commercial purposes, if you do not have the prior, express and written authorization of GuruWalk or, as the case may be, the holder of the corresponding rights. Likewise, and for security reasons, it is not allowed to use "frames" or mechanisms that alter or vary the design, original configuration or contents of the Platform.
None of the content hosted on the platform can be downloaded, reproduced or used, in any other device or place other than the Platform, unless GuruWalk has enabled the means to do so.
The stated in this clause is without prejudice to what is mentioned in clause 4 regarding the license on the contents generated by the user in favor of GuruWalk.
8. Data protection
9. Applicable legislation, competent courts and dispute resolution
For any litigious issue related to the Platform, and always when consumer legislation so permits, the Spanish legislation in force at the time of the litigation will be applicable, and the Courts and Tribunals of Valencia, or the Arbitration Tribunals of consumption or similar to those that we are adhering, at the time of the controversy.
This legal notice and terms and conditions have been modified with date August 3, 2018. At any time we can proceed to the modification of this document, so we encourage you to check the date of update of them every time you access to the platform.
To resolve any doubt regarding the content of these conditions, you can contact us at the address https://www.guruwalk.com/user_feedbacks/new.