Booking Terms and Conditions

When you make a booking you are guaranteeing that you have the authority to accept and do accept these Terms on behalf of yourself and anyone traveling in your booking. A contract for your booking exists between you and Off-Season Tours upon the acceptance of these Terms by you or upon receipt of a payment for your booking by Off-Season Tours, whichever occurs earlier.

TERMS OF PURCHASE

We are able to accept the following payment methods: Mastercard, Visa, Discover, American Express, Diners Club and JCB.

We require full payment in advance of the Tours in order to secure your reservation. Tours cannot be guaranteed without full payment upfront.

Please verify that the Tour(s) and cost(s) displayed in your shopping cart when purchasing through the Sites are correct before finalizing payment.

The prices listed are per person, unless otherwise specified. Guests 12 years of age or under are admitted to the tours free of charge but their guardians are responsible for payments of all food and beverages they may consume during the full duration of the tour.

Prices are subject to change until the booking has been processed and confirmation provided to the customer based on real-time availability, promotions and/or prices from our suppliers.

If you have a coupon code, qualify for a discount, or have a gift card with applicable funds, it must be applied BEFORE purchase. We cannot apply any retroactive discounts.

Promotional codes cannot be stacked, consolidated, transferred, re-used, or redeemed for cash value unless otherwise noted. All promotional codes have an expiration date, whether explicit or not. Where allowed under applicable law, expiration dates for coupon codes, promotional codes, or discounts are set at 1 year from issuance when no date is explicitly noted and expiration dates for gift cards are set at 3 years from issuance when no date is explicitly noted.

All bookings are processed in (€) Euros, unless otherwise requested by a user on the web page.

Guests accept any and all fees associated with Purchases using credit cards.

Licensed booking software sets all exchange rates internally, and customer service agents have no control over any rates displayed on page.

CANCELLATIONS & REFUNDS

To cancel your Booking, you must email us your complete booking details at [email protected]

A booking is considered successfully canceled or amended only after we send successful notification via email and cancellation/amendment fees are assessed.

Cancelation fees will be applied per booking, based on the date we receive your written notification. Unless otherwise noted, cancelation fees are based on the following schedule:

Refund based on date and time written notification received before tour date*

• Up to 24 hours before start time — 100% of the booking price refundable less applicable credit card processing and/or other fees (minimum of 7.8% of booking total)
• Within 24 hours of start time — no refund
• No show — no refund

Refunds will be sent back to your credit card (if you paid online) unless otherwise agreed. You will take care of any costs/commissions required for the refund transfer.

We don’t cancel tours and services because of weather, unscheduled closures of tourist attractions or transport delays. For this and other reasons, we encourage you to purchase trip cancellation and interruption insurance and travel protection.

All tours are sold as an entire package; as such there will be no offers of partial refunds for portions of a service that a guest has decided not to utilize. If a guest has pre-purchased food and/or beverages to any establishments visited, or booked similar tours from an outside vendor, we are not responsible/liable for the reimbursement or prorating of any such fees.

If an establishment or attraction that we planned on visiting is closed due to force majeure, including strikes or other unforeseen closures, Off-Season Tours will do its best to contact guests soon as possible, and offer a suitable substitution, reschedule the tour, or provide a refund, pending availability and at full company discretion.

*Tour Date is the date and time the tour/package is specified to begin on your booking confirmation regardless of the date that you may depart from your location of origin.

ADMISSION & ENTRY

Upon purchasing a Tour, you will receive a confirmation email that details meeting location and specific meeting time.

Guests are asked to arrive at the meeting point 5 minutes prior to the start of the tour.

Give yourself ample time to reach meeting points. If you or your travel companions are running late or need assistance in finding the meeting point, please contact us via the means included in your confirmation email, and we will do our best to assist you, however it is your ultimate responsibility to reach a meeting point on time.

We are unable to compensate or reschedule any guests who miss their tour due to traffic or any other circumstance.

The operator is not responsible for failure to arrive at a tour meeting point on time.

Please ensure that all members of your party have a valid photo ID on them on the day of the visit. This is particularly important for guests who have qualified for a reduction based discount codes or vouchers.

The use of illegal or controlled substances, including smoking marijuana, is not permitted at any time. The smoking of tobacco, e-cigarettes or other products that produce a vapor or smoke is allowed only in designated outdoor smoking areas.

ATTIRE & FACE COVERINGS

In addition to following face covering requirements, all guests must wear proper attire, including shoes and shirt, at all times. We reserve the right to refuse service to or remove any person, in our sole discretion and without liability, wearing attire that we consider inappropriate or attire that could detract from the experience of other guests.

As of October 2023, face-covering requirements in Spain have been lifted and are not required in public spaces.

TRAVEL INSURANCE

We strongly recommend guests arrange travel insurance to cover cancellations and delays due to unforeseen circumstances, or those beyond all control (e.g. inclement weather, strikes, seismic events). We also recommend guests arrange medical and personal insurance to cover any medical expenses, loss of baggage, loss of personal belongings, or other such travel mishaps. Guests agree we, and any local partner operators, are not liable for any of such unforeseen circumstances, and hold both parties harmless. All claims to reimbursements for insurance must go directly through the guests’ insurance provider, and not through us or our affiliates.

MEDIA RELEASE

You agree that Off-Season Tours may use photos, videos, voice, all or part of the attendee name, likeness or other personal identifiers in all forms whether print, electronically or any other method of distribution for marketing or promotional purposes (the “Images”). You agree that Off-Season Tours may “tag” you or in any social media post (for example Facebook, Instagram, X) for marketing or promotional purposes.

You hereby grant Off-Season Tours an irrevocable, worldwide, royalty free, non-exclusive license to use the above referenced Images in perpetuity either alone or incorporated with other works and in all media whether now known or hereafter devised. You nor anyone on your behalf will have any claims of compensation, any right of approval, any claim to legal damages, or any right to seek equitable or monetary damages arising out of the use of the Images. You release Off-Season Tours from any claims or liability arising out of the recording or use thereof.

If the above provision relating to Image use is not acceptable, please e-mail [email protected] with the title “Non-Approved Image Use” and indicating the individual’s name.

RIGHT TO MANAGE

We reserve the right, but do not undertake the obligation to:

• Monitor or review the Purchases and Services for violations of the Terms and Conditions and compliance with our terms and policies,
• Report to law enforcement authorities and/or take legal action against anyone who violates the Terms and Conditions,
• Refuse or restrict access to or the availability of any Services if you violate the Terms and Conditions, the law, or any of our terms or policies,
• Manage the Services in a manner designated to protect our and third parties’ rights and property or to facilitate the proper functions of the Services,
• Screen guest(s) who Purchase or participate in Services or attempt to verify the statements of said guest(s),
• Without limiting any other provision of the Terms and Conditions, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of any Service to any person for any reason or for no reason at all, including without limitation for breach of representation, warranty, or covenant contained in the Terms and Conditions, or any of application law or regulation.

CHANGES TO TERMS

We may update or revise these Terms and Conditions or any other policies related to the Services or Purchases at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law. Any modifications to these Terms and Conditions will only be valid if in writing and updated to this page. If anyone offers or attempts to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from anyone purporting to act on our behalf and only rely on the Terms and Conditions as set forth here.

ASSUMPTION OF RISK

You and all guests assume all risk of danger and injury when participating in the Services. No suit shall be maintainable for loss of life or bodily injury to you or any guest unless written notice of claim be delivered to us within six months from the date of incident. No suit shall be maintainable for all other claims unless written notice of claim be delivered to us within the earlier of thirty days from the conclusion of the applicable Service date or incident date.

PRIVACY

Any personal information that you disclose to us is subject to our privacy policy which governs the collection and use of information that is supplied. You understand that through the use of the Services and any Purchases, you consent to the collection and use (as set forth in our Privacy Policy) of this information. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements, administrative messages and customer feedback notifications. These communications are considered part of the Services we provide and you may not be able to opt-out of receiving.

GOVERNING LAW

The relationship between customers and Off-Season Tours will be governed by current Spanish and/or Basque Country regulations and will be competent to decide on any dispute that may arise between the user and Off-Season Tours. Disputes shall be resolved by the courts or tribunals of the town of Donostia-San Sebastián, province of Gipuzkoa.

Formal complaint forms are available when requested to our tour guide / Existen hojas de reclamaciones a disposición de quienes las soliciten / Nahi duenak eskuragarri ditu erreklamazio-orriak

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS OFF-SEASON TOURS AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (COLLECTIVELY, “OFF-SEASON TOURS”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS AND CONDITIONS.

DISCLAIMER OF LIABILITIES

You acknowledge that the various third party suppliers that provide transportation, sightseeing, guiding, accompaniment, escort, activities, or other services connected with any booked tours are independent contractors of the Company. We make arrangements with these independent contractors solely for your convenience. We do not act on behalf of, control or supervise the parties, entities, or persons who own, furnish or operate such services as independent contractors and we have no authority to control or direct the means of transportation or any other aspect of the services furnished by independent contractors. Such services are subject to the terms and conditions of those suppliers. The Company and its respective employees, websites, brands, subsidiaries, parent entities, affiliated entities, officers, directors and representatives (“Released Parties”) neither own nor operate any independent contractor which is to, or does, provide goods or services for these trips, tours and forms of transportation, and, as a result, do not maintain any control over the personnel, equipment, or operations of these suppliers, and assume no liability for and cannot be held liable for any personal injury, death, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of (1) sickness, weather, strikes, hostilities, wars, terrorist acts, acts of nature, local laws or other such causes (2) any wrongful, negligent, willful, or unauthorized acts, defect, omissions or default on the part of any of the tour suppliers, or other employees or agents in performing these services, (3) any defect in or failure of any vehicle, equipment, instrument owned, operated or otherwise by any of these suppliers, or (4) any wrongful, willful, or negligent act or omissions on any part of any other party not under the direct supervision, control or ownership of the Company. You agree to release, hold harmless, and indemnify the Released Parties from and against any claims, damages, costs or expenses arising from any of the foregoing. All services and accommodations are subject to the laws and regulations of the country in which they are provided. The Company is not responsible for any baggage or personal effects of any individual participating in the tours or trips arranged by it. Individual travelers are responsible for purchasing a travel insurance policy, if desired, that will cover some of the expenses associated with the loss of luggage or personal effects.

WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY OR PROPERTY DAMAGE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO US.

LEGAL DISPUTES AND AGREEMENT TO ARBITRATE

Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court.

Initial Dispute Resolution.
We are available to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved by informal means. We will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.

Formal complaint forms are available when requested to our tour guide / Existen hojas de reclamaciones a disposición de quienes las soliciten / Nahi duenak eskuragarri ditu erreklamazio-orriak

Agreement to Binding Arbitration.
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the initial dispute resolution means above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by the Sistema Arbitral de Consumo at www.kontsumobide.euskadi.eus/inicio/ in accordance with the provisions of its consumer arbitration rules, excluding any rules or procedures governing or permitting class actions. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Class Action and Class Arbitration Waiver.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exclusive Venue for Litigation.
To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section above do not apply, the parties agree that any litigation between them shall be filed exclusively in courts located in the Basque Country of Spain. The parties expressly consent to exclusive jurisdiction of the courts thereof.

The license granted herein is revocable upon refunding to customers the booking price.

NON-WAIVER

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision.

SEVERABILITY

These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

ASSIGNMENT

We may assign our rights under these Terms and Conditions without your approval.