General conditions of use of service of electric tuk tuks offered by ECO TUK TUK (“Eco Tuk Tuk S.L.” in Spain, and “Sardinha do Bairro Unipessoal” in Portugal). This service is suitable from two (2) years of age in Spain and from three (3) years of age in Portugal. Underage users must be accompanied by a parent or guardian.
Tours cannot be modified, shortened or simplified at the client’s request, nor can they be carried out without returning to the starting point. The starting point may not be modified, nor may only part of the tour be contracted at a partial price. Any improper use of the service, which can be understood as a public transport of passengers in tourist vehicles, with the simple purpose of moving from one place to another, is forbidden. Pets or companion animals are not allowed either.
It is important to note that the guide drivers who drive the tuk tuks are accompanying guides of tourist groups, not tour guides.
PRICE, DURATION AND PAYMENT POLICY
- The price and length of service is the informed price plan on web site at the time of the contract of the service and set up according to the General Price List (in terms of services, taxes and fees).
- The service will be hired once the customer has made the payment by any tools available.
- Customer agrees to be prepared to start of service on the date and estimated time and place agreed, if there is any delay, the contracted activity will reduce the tour, which could to cause a change in the contracted service. The activity will be canceled if the delay is greater than 15 minutes and, in such case, no refund of the amount will be made subscriber.
- The Client undertakes to pay the amount corresponding to the fines or penalties arising from any infringement of the legislation in force, which may be incurred due to misuse or misbehavior during the service, as well as the corresponding surcharges for late payment by the Client and the judicial or extrajudicial expenses that ECO TUK TUK may have incurred as a result of the foregoing.
CANCELLATION POLICY AND RETURNS
- If the cancellation of the contracted service is made with a notice of more than 24 hours, 100% of the amount paid will be refunded. Cancellations are not accepted for advance notice of less than 24 hours. If the cancellation of the reservation is made without prior notice ECO TUK TUK will not make any refund.
- In the event that weather conditions or other exceptional conditions (closing streets for demonstrations, blocking the traffic, etc.) completely prevent the realization of the service, not the amount paid will be refunded.
- The tour will take place in rainy or hot weather, with the exception of extreme conditions.
- In case of mistake when reserving the number of tuk tuks on the website, and not realizing it until the start time of the tour, ECO TUK TUK will not make any refund, since that availability will not have the possibility of being reserved by another client.
- In case of changes in the itinerary due to closed streets or demonstrations on the day of the tour, the amount paid will not be refunded.
BEHAVIOR GUIDE
The contractors of the service are informed that the driver of the vehicle reserves the right not to initiate/terminate the activity in the event that any of the following behaviors are breached or contravened:
- The client agrees to make responsible use of space that occupies in the vehicle as well as the rest of components and comply with the rules of the Highway Code.
- It is forbidden to modify the seat assigned to each participant at the beginning of the activity, as well as to get off the vehicle while the activity lasts, unless otherwise instructed by the driver.
- It is forbidden to get up or make any movement that could alter the normal operation of the vehicle and/or cause discomfort or damage, both to the occupants of the vehicle and to the rest of the road users. Therefore, it is prohibited to take arms, legs and/or objects out of the vehicle.
- Participants in the activity are obliged to be respectful to the rest of users and pedestrians, avoiding in any case to address to them offenses or insults, as well as shouting or screaming in excess, maintaining a reasonable and adequate noise level at all times.
- It is the obligation of the occupants of the vehicle to take care of and respect the furniture on board the vehicle.
- The participants are obliged, beforehand and throughout the tour, to wear appropriate clothing to the type of activity to be carried out. It is prohibited, for example, the use of mankinis and/or thongs, provided they lack any element that covers them, as well as going without a shirt.
- It is forbidden to carry out any behavior likely to distract the driver, as well as try to get at the controls of the vehicle.
- It is forbidden to bring alcoholic beverages on board the vehicle, being allowed non-alcoholic drinks, as well as certain foods (snacks, etc.) as long as they are not packed in glass, cans or ceramics.
- Smoking is prohibited on board the vehicle.
Finally, notice, the above is not a closed list, but are susceptible to include any unusual behavior, contrary to those normally required of other citizens
RECOMMENDATIONS AND WARNINGS
- If the activity is to be carried out in the summer months, in order to avoid heat stroke and other adverse effects caused by the temperature, it is recommended that participants bring a bottle of water in a plastic container and use sun protection.
- Vehicles do not have space to store luggage, only a bag or backpack, so you should review the size of their membership s before boarding the vehicle.
EXEMPTIONS OF CIVIL RESPONSIBILITY
Since I am a person over 18 years of age, therefore of legal age and the participation in the activity to be carried out with the hiring of the service is completely voluntary, I am aware of being solely responsible for my behavior / performance for the duration of my participation in the activity organized with the ECO TUK TUK vehicle, as well as responsible for the behavior / performance of minors in my care.
- I know and I am responsible for the risks and I exempt ECO TUK TUK from any damage and/or physical injury that I could suffer in my person or in the minors in my care during the activity, as a result of any action or behavior that contravenes the provisions of the general conditions of service.
- I know and I am responsible for the risks and I exempt the aforementioned contracting entity from any damage and / or physical injury that could be caused by myself or minors in my charge to third parties unrelated to the activity in the course of the same, as a consequence of any action which contravenes the provisions of general conditions of service.
- I know and I take responsibility for allegations that agents of the Authority may develop as a result of my actions or of the actions of minors in my charge, on board the vehicle or during the development of the contracted service.
- ECO TUK TUK will not be held responsible if, due to circumstances beyond its control that prevent the scheduled route (for example, traffic cuts), the route has to pass through unscheduled places or reduce its duration, without prior notice to the participants.
- I exempt the aforementioned company from liability for any theft that it may suffer from a third party during the tour.
- I exempt from liability to the service provider in the event that the driver is forced to decrease or make a shorter journey of the contracted, due to circumstances beyond their control, such as the unpunctuality or bad behavior of all / some of passengers (clause also applicable in case the service is contracted by different groups).
- I know and I am responsible for the fall of any object from the vehicle, personal or not (mobile phones, cameras, video cameras, etc.), whether the vehicle is moving or stopped / parked.
- I exempt from liability to the service provider of any breakage or damage that could suffer an object, personal or not (mobile phones, cameras, video cameras, etc.), as a result of his fall from the vehicle because it was delivered to the staff of the company for taking pictures, videos, etc.
- I know and I force myself to follow and make follow the minors in my charge, the instructions of the personnel of the company, in order to maintain order and the smooth running of the activity.
- I know and I am responsible for the damages or injuries, own or third party in or outside of the activity, that i or the minors in my charge could cause as a result of violating the prohibition to change my seat / get off the vehicle while the activity lasts
- ECO TUK TUK will not be responsible for damages caused by third parties to passengers.
ACCEPTANCETION
- I have been informed and, therefore, I authorize and accept that ECO TUK TUK may use and/or publish my image and that of the minors in my care for advertising or marketing purposes. In case of disagreement with this clause, the staff in charge of the activity must be informed, who will record this refusal in writing (this document must be signed by both contracting parties).
- I have been informed and, therefore, I authorize and accept that ECO TUK TUK may use cameras in the vehicle for security and internal control purposes. The images taken by these cameras will only be used for the purposes of internal statistical control of ECO TUK TUK and will be deleted after 30 days (as provided by law). In case of disagreement with this clause, the personnel in charge of the activity must be informed before the service is contracted.
- That in case of any doubt or misunderstanding regarding the conditions of the contract and in the absence of evidence to the contrary, the parties shall adhere exclusively to what is stipulated in writing.
- That in case of cancellation and / or reduction of the total duration of the activity for reasons beyond the control of the service provider, the same shall not make any refund of the money paid on account.
COMPUTER PROCESSING OF PERSONAL DATA
The Client authorizes the automated processing of the personal data collected in this contract, necessary for the provision of the agreed service, as well as for the offer and contracting of other products and other company services. You can consult the privacy policy at: https://ecotuktuk.com/es/politica-de-privacidad/.
Likewise, the Client gives his consent for ECO TUK TUK to transfer his data to companies of the group, to its franchisees or to others with which ECO TUK TUK concludes collaboration agreements for the best provision of the tourist service in electric vehicle, respecting the Spanish legislation on protection of personal data.
APPLICABLE LEGISLATION AND JURISDICTION
This contract shall be governed by and construed in accordance with Spanish law. The questions that arise on the occasion of this contract between ECO TUK TUK and the Customer are within the jurisdiction of the Spanish courts and tribunals corresponding to the city where the contract was signed, to which both parties submit.
CONFIRMATION
From the confirmation of the reservation and therefore the payment of the service, the client will assume in an express way, the totality of the present General Conditions and acceptance of Privacy Policy. In the event that a person registers another, or is in charge of minors, assumes in each of these General Conditions in his/her name/s.
RESPONSIBLE BEHAVIOR
All the information you provide must be truthful. For these purposes, you guarantee the authenticity of all data provided as a result of the completion of the necessary forms. In any case you will be solely responsible for any false or inaccurate statements made and the damages caused to this site or third parties for the information provided.
You agree to act responsibly on this site and to treat other visitors with respect.
CONTACT
If you have any questions or concerns about this Policy, please feel free to contact us at any time.