- Scope of Application
According to the Portuguese Law No. 67/98, of October 26th, regarding the protections of data (that transposed Directive 95/46/CE of October 24th), it is established that the processing of the personal data gathered over FoodieBookings.com’s website.
FoodieBookings.com will process user’s personal data for purposes such as:
- Processing and administer the booked experiences displayed on the website;
- Marketing purposes, through online and offline means;
- To handle surveys for statistical knowledge;
- To update users about modifications on the website.
All users are allowed to opt-out to receive FoodieBookings.com’s commercial contacts. This opt-out can be made through the right links received inside each e-mail or by requesting an opt-out through the e-mail email@example.com (Subject: “Unsubscribe”).
FoodieBookings.com assures the confidentiality of all personal information provided by the website’s users.
Nonetheless, the gathering and transformation of such information, is done tightly and FoodieBookings.com acts concerning the prevention of its loss or manipulation, using revised mechanisms. It is advised to be aware that providing your data in open networks eases the spread of your personal information due to the missing security settings, allowing third parties to access, see and use your data without authorization.
It’s the user duty and liability to make sure he/she uses secure networks when browsing on the website.
FoodieBoookings.com’s website will not – intentionally – gather data from users under 14 (fourteen) years old.
If, in any case, a user provides personal information of a person under 14 (fourteen) years old, he/she hereby grants that the data was obtained with prior approval from the underage person’s parents and/or legal guardians. In case FoodieBookings.comrequires so, the user is obligated to present such evidence.
- Data’s quality and accuracy
All users hereby guarantee that all personal information provided on the website is true and accurate. Therefore, users have liability for any kind of problems or damages, that may occur or may be caused as a repercussion of a refusal to provide accurate and up-to-date information.
Furthermore, for the purposes of guaranteeing the obligation of quality and the updating of data, the user must inform FoodieBookings.com of any modifications to the data provided that may take place.
FoodieBookings.com website uses social plugins such as Facebook, Twitter and YouTube (among others).
Users who want to get more information regarding the data that is being collected through these social plugins, and/or how it’s being processed, must review the privacy policies.
Spamming practices are not approved by FoodieBookings.com. This means that FoodieBookings.com disapproves the repetition of mass sending, of undesired, e-mails to users with whom the sender has not had any preceding contact, and/or who have make it explicit their desire not to receive any kind of messages considered as “spam”.
© 2017FOODIEBOOKINGS.COM – All Rights Reserved
What are “Cookies”?
When you access specific pages displayed on the web, a file is downloaded to your device. This file is called “Cookie” and it allows the web page, to stock and get back data hosted on the browsing patterns of a user and/or of the computer used when browsing. This data allows “Cookie” to recognise the user.
What type of “Cookies” does FoodieBookings.com uses?
- To simplify, and assist, users when they’re browsing the website and checking the services displayed (like login, location and type of user: service user or business partner), FoodieBookings.com uses technical “cookies”.
- Foodiebookings.com also uses mediator analysis “cookies”), such as the ones processed by Google, Inc. (with Analytics purposes). These Google “cookies” provide data regarding quantity and type of people that use FoodieBookings.com’s website, allowing the company to measure and perform analysis on users’ on a generic base.
The “cookies” on your browsing activity only provides information that’s used to improve FoodieBookings.com services, in order to present a quality service to the users’.
Although it may affect and limit the website’s functions, all users may grant or deny the “cookies” installed in their devices, provided they make the right configuration in the used browser.
In case you proceed to browse on the website, you are allowing the installation and use of the “cookies” mentioned previously.
The liability disclosing using the user’s information “cookies” with analysis goals, correlate completely to Google, Inc.
All data is conceived by “cookies” of Google Analytics (including users IP location) is carried to Google, Inc. For more information related to Google, Inc and your dara, visit: https://support.google.com/analytics/answer/6004245?hl=en
1. SCOPE OF APLICATION
FoodieBookings.com is a website designed to host different tourism offers provided by local guides and hosts, working independently from FoodieBookings.com.
FoodieBookings.com’s website allows online booking for gastronomic experiences such as city tours and daytrips, eating with local people at their home and culinary workshops.
The present Terms & Conditions state the legally-binding terms applied to all FoodieBookings.com’s website visitors and FoodieBookings.com’s services users of FoodieBookings.com’s website.
To clarify matters related to FoodieBookings.com’s website and/or its Terms & Conditions content, contact us through firstname.lastname@example.org or by phone (00351 916 813 550). To have a copy of this Terms & Conditions, you may print out a paper version or download the file to your computer.
FoodieBookings.com has the right to modify the content of the website’s Terms & Conditions at any time (by all means), without prior notice.
By visiting and/or purchasing services/experiences at FoodieBookings.com’s website, the visitor (and/or service user) warrants that he/she understands, agrees and accepts all Terms & Conditions (in english language), as well as that he/she has the legal age to use or buy online any of the presented services. The FoodieBookings.com’s website visitor (and/or service user) also states that the submitted personal data are updated, complete and correct.
2. WEBSITE SERVICES
Tour operators and service providers advertise their products/services – gastronomic experiences (such as city tours and daytrips, eating with local people at their home and culinary workshops) -, at FoodieBookings.com’s website. After reading the information on the website, visitors (and/or service users) may book their gastronomic experience through FoodieBookings.com’s website.
FoodieBookings.com’s role is merely as an intermediary between a tour operator/host and a service user. This way, FoodieBookings.com is completely authorized to accept, and manage, all payments made by service users on behalf of its business partners when a service user books an advertised experience on FoodieBookings.com’s website.
All service users shall notify FoodieBookings.com, as well as the local guide and /or host, of their food intolerances – or physical conditions – in advance of the participation of the tourists experiences displayed on FoodieBookings.com website.
Being an intermediary, FoodieBookings.com can not be responsible in the event of any kind of accidents, or any kind of food poisoning, by the participants of the tourist experiences (such as service users).
So that users can book experiences provided at the website, users need to create a personal account, providing information about him/herself. All registered service users are responsible for keeping the confidentiality of his/hers account data (such as password and login credentials) as well as for all activities that occur in connection with his/hers account. Users also agree to notify FoodieBookings.com promptly of any unapproved use of his/hers account.
The users’ of FoodieBookings.com’s website hereby agree that the account is for his/hers personal use, without a commercial operation. Therefore, service users may not act like someone else by creating an account for anyone other than him/herself.
FoodieBookings.com has the right to close the any users’ account at any time, for reasons such as the ones described above, without any kind notice or liability.
All users that are registered at FoodieBookings.com may close their account on the website, at any time. The account cancellations does not allow users to remove the reviews and/or content contributions made by them and already authorized to the use of FoodieBookings.com’s website, as established further below in this Terms & Conditions.
3. PRICES & PAYMENTS
When a user books an experience through FoodieBookings.com website, the user must pay the displayed price for the experience (the displayed price may change according to the number of people selected). All displayed price include local VAT (and/or other applicable taxes). The payment is made through the system Paypal, available at FoodieBookings.com website, immediately when booking an experience. A user may not attend an experience with a local guide and/or host, and the book cannot be made, or confirmed, without the Paypal payment confirmation.
OBLIGATIONS OF USERS
Users undertake to use the experiences displayed with best effort to respect local laws and rules established by the local guide and/or host:
- The user should only access the website’s services through FoodieBookings.com’s domains to book gastronomic experiences, as well as to use the the website’s contacts to contact any local guide and/or host only for information related to experiences.
- The user should respect other users, as well as local guides and/or hosts and do not stalk, harass, coerce.
- When booking and experience, the user shall attend the gastronomic experience.
- When using the website’s services, the user shall not use false identity.
The user’s disregard of the obligations mentioned above, allows FoodieBookings.com the suspension of the service and/or the user’s account.
4. USERS CONTRIBUTIONS AND REVIEWS
All users are encouraged to write reviews on experiences they have attended.
To write a review or rate an experience, the user must create (or already own) a personal account at FoodieBookings.com’s website. After being published, the reviews are conditioned to a validation from FoodieBookings.com admins and team, so that offensive content is avoided.
The reviews must be clear, true and useful for other users. If, for any reason, a user is being forced to provide a review against its own will, he/she must immediately report the incident to FoodieBookings.com through the e-mail email@example.com providing all details and evidences.
Foodiebookings.com has the entire right to decide weather a review is published, or not, according to its content.
Reviews will be published and displayed on FoodieBookings.com website with the name and photograph chosen by the user who login/registered to write the review.
Service users agree to respect the “Intellectual and Industrial Property Rights” of these Terms & Conditions (mentioned further below) that in which should a service user’s contribution (such as reviews or other content) hols third parties content ( such as photographs, copyright, videos or any other content protected by intellectual/industrial property rights), the service users assure that they have all legal authorization(s) (and or licenses) from the legal owner(s) before uploading the content at FoodieBookings.com website and being approved by its admins and/or team.
In the event mentioned in the previous paragraph, the service user who doesn’t respect such Terms, shall assume any type of expenses, costs, damages and/or indemnities in which FoodieBookings.com might be incurred to, as an outcome of legal actions.
5. CONTENT OF THE WEBSITE
Published gastronomic experiences from local guides and/or hosts, as well as reviews from service users must not (without limitation):
(a) Incorporate any kind of spam messages, commercial purposes or self promoting advertisement;
(b) Incorporate addresses and/or personal contacts (with inappropriate intention such as of supporting illegal activities);
(c) Incorporate any religious, political, racial or social comments, not related to the experiences displayed on the website;
(d) Incorporate content and/or words such as improper, defamatory, injurious, sexually explicit, aggressive or threatening, discriminatory or any other content that may embolden hate, physical and/or verbal violence;
(e) Incorporate references to any other kind of online and/or offline bookings other than the undertaken gastronomic experience displayed.
FoodieBookings.com has the exclusive right to delete website’s content (contributions or reviews) or any other information incorporating any of the terms and conditions mentioned from point “a” to point “e”.
If a service user, or local guide and/or host, doesn’t respect the terms and conditions mentioned above, he/she shall be responsible (and/or liable) by FoodieBookings.com for any cost, sanctions and/or fines imposed by courts (and/or other competent authorities) held against FoodieBookings.com as a result of a refusal to respect the term and condition mentioned above.
Service users may, at any time, withdraw and/or cancel a gastronomic experience.
Regarding refunds, FoodieBookings.com considers:
- With a 2 (two) weeks notice (prior to the start date of the experience), service users get a full refund;
- With 72 (seventy-two) hours notice (prior to the start date of the experience) a refund of 50% of the amount paid by the experience is made;
- No refunds are made in case of no-show at the meeting point, nor in case of notice in less time than the one mentioned above (previous line).
In case a service user needs to withdraw and/or cancel an experience, he/she only needs to send an email to FoodieBookings.com stating the withdrawal/cancellation. The email must be addressed to firstname.lastname@example.org with the subject: “Cancel”. Afterwards, FoodieBookings.com shall confirm and respond – by email – to the service user.
If a withdrawal and/or cancellation arises, as cited in term and condition mentioned above, FoodieBookings.com will make the refund through the same means of payment used by the service user.
As stated under the Portuguese Law: Decree-Law No. 7/2004 of 7 January on e-commerce (with the amendments conferred by Decree-Law No. 62/2009 of March 10th and by Law No. 46/2012, of 29th August), FoodieBookings.com has the right to remove and/or cancel the service in the event of a (a) programming error, (b) a bug and/or computer’s malfunction, likewise in the event of the juridical proposal grasps its final destination in such a damaged way that it represents an error (and this error is examined to be an crucial aspect of the contract.
CANCELLATIONS BY LOCAL GUIDES AND/OR HOSTS
A local guide and/or host is allowed to cancel a booked gastronomic experience, in cases of force-majeure or whenever an experience doesn’t reach the minimum required participation number of people.
In the events mentioned above, FoodieBookings.com shall refund the service user, completely, the price paid by he/she. Should any other event be the reason for the cancellation of a booked experience, FoodieBookings.com is totally entitled to automatically terminate the partnerships removing all offers on the website.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All content such as texts, photographs and/or images, multimedia (such as videos), sound reproductions, and/or any other content regarding the displayed touristic offers on FoodieBookings.com website, as well as the service users reviews and/or content contributions are covered by the copyright law. FoodieBookings.com is entitled to own the author’s right over contents such as the ones mentioned above in this paragraph and/or is duly authorized to use service users content and/or content contributions by their lawfully legal owner. This way, any kind of reproduction or commercial use (no matter if partial or entire) of the website´s content (such as the ones mentioned above in this paragraph) is vetoed.
Service users who provide reviews and/or content contributions, allow FoodieBookings.com, to use such contents free-of-charge, being aware it will reach a worldwide geographical extension. Service users who provide such contents allow FoodieBookings.com the right to duplicate, edit, alter and/or make any – necessary – changes for commercial use, allowing the public to view and comment on the content provided.
A service user shall not get (and/or it’s not entitled to) any type of money compensation to produce and/or submit contents such as the ones mentioned previously.
May the service user, who provides (or wants to provide) contents to be displayed at FoodieBookings.com, not agree with the present term and condition regarding Intellectual and Industrial Property Rights, he/she shall notify FoodieBookings.com through the email email@example.com (Subject: Terms & Conditions).
8. FOODIEBOOKINGS.COM’S LIABILITY
The responsibility of FoodieBookings.com is limited to simplify the booking and to boost the touristic offers provided by its business partners. The attendance in the experiences provided by the local guides and/or hosts is at the service user’s own liability.
FoodieBookings.com only takes responsibility in case of cancellations refunds, such as the ones mentioned in these Terms & Conditions.
Neither a service user, and/or a business partner, can sue or try to blame FoodieBookings.com, in any kind of way, in events such as food poisoning, material damaging, weather conditions or any kind of physical, and/or psychological, accidents that may advert from attending an experience displayed and booked at FoodieBookings.com website.
The company disclaims all warranties regarding the use of its website, and/or services displayed in it, including, the experiences availability, accuracy, and/or character of the website’s services and experiences. FoodieBookings.com is not – and will not – be responsible for any defaults, changes or mistakes of any kind, affecting content and information displayed on the website.
9. JURISDICTION AND GOVERNING LAW
These Terms & Conditions shall be understood and acquiesce with in conformity with its own Terms & Conditions. If, for any reason, a matter is not provided in these Terms & Conditions, it shall be administered by the legislations of Portugal.
Any controversies derived from the validity, interpretation, fulfilment or execution of these Terms shall be expressly submitted to the jurisdiction and competence of the Judicial Courts of Lisbon, Portugal.
In addition to the Terms & Conditions mentioned above regarding business partners (such as local guides and/or hosts), FoodieBookings.com Terms & Conditions applied to Local Guides and/or Hosts are as follows:
If an experience depends on specific weather conditions, and a booked experience may not happen due to weather conditions, before the cancellation of the experience, business partners shall provide a second date for the experience. If and alternative date may not serve as solution for the service user, he/she is entitled to get a full refund of the amount paid for the experience previously booked at FoodieBookings.com website.
The present Terms & Conditions were updated June 2017.
© 2017FOODIEBOOKINGS.COM – All Rights Reserved.