Terms and Conditions for josemanuelbasquetours.com
1. Identity of the Service Provider
This website (josemanuelbasquetours.com) is operated by an individual tour guide (the “Guide”), José Manuel Corpas, ID/NIF 18054375‑L, duly authorised under applicable Spanish law to offer guided tours as a self‑employed professional.
The Guide can be contacted at:
Email: zurziquiar@gmail.com
Telephone/WhatsApp: +34 679 83 33 31
2. Scope of Application
These Terms and Conditions (the “Terms”) govern:
The use of the website by any visitor or user (the “User”).
The booking and purchase of guided tours and related services offered by the Guide (the “Services”).
By accessing the website, making a booking or participating in a tour, the User accepts these Terms and agrees to be bound by them.
3. Description of the Services
The Guide offers walking tours and other sightseeing activities in and around Donostia / San Sebastián (Spain) and nearby areas, as described on the website from time to time.
The exact itinerary, duration, language, meeting point and other characteristics of each tour are specified on the corresponding tour description page. Minor variations may occur due to weather conditions, local events, safety considerations or other circumstances beyond the Guide’s reasonable control.
However, the best way to finalise all the details of each tour is by contacting the Guide directly.
4. Booking, Price and Payment
4.1. Booking procedure
Bookings are made through the website or by any alternative method expressly indicated (for example, email, WhatsApp or Instagram).
4.2. Price
The price for each Service is indicated on the website at the time of booking and includes applicable taxes. Any additional costs (for example, entrance tickets, food, drinks, public transport) will be clearly indicated in the tour description where reasonably possible.
4.3. Payment
Unless otherwise stated, full payment is required at the time of booking using the payment methods available on the website. A booking is not considered confirmed until payment has been successfully received and the User has received a confirmation message.
5. Cancellations and Refunds by the User
5.1. General rule
The User may cancel a booking by contacting the Guide through the channels indicated on the website.
5.2. Free cancellation deadline
If the User cancels a tour more than 24 hours before the scheduled start time, the Guide will refund the amount paid, less any non‑refundable transaction fees charged by payment providers or third parties, where applicable (for example, museum or winery tickets, rental cars, etc.).
5.3. Late cancellations (less than 24 hours)
If the User cancels a tour less than 24 hours before the scheduled start time, or fails to appear at the agreed meeting point at the agreed time (“no‑show”), no refund will be made and the Guide will retain the full price of the Service.
5.4. User delays
If the User arrives late, the duration of the tour may be reduced accordingly and will end at the originally scheduled time, without any partial refund, unless the Guide expressly agrees otherwise.
6. Cancellations and Changes by the Guide
6.1. Right to cancel or modify
The Guide reserves the right to cancel or modify a tour in the event of:
Adverse weather conditions that make the activity unsafe or clearly impractical.
Public events, demonstrations, strikes, traffic restrictions or other incidents that significantly affect the normal development of the tour.
Illness or force majeure affecting the Guide.
6.2. User rights in case of cancellation by the Guide
In the event of cancellation by the Guide before the start of the tour, the User may choose between:
Receiving a full refund of the amount paid; or
Rescheduling the tour to another available date and time.
This choice will not apply if the cancellation is due to causes attributable to the User (for example, failure to comply with these Terms or inappropriate behaviour).
7. User Obligations and Conduct
The User undertakes to:
Provide true, accurate and complete information during the booking process.
Arrive on time at the meeting point and follow the Guide’s instructions throughout the tour.
Wear appropriate clothing and footwear for walking tours and for the expected weather conditions.
Behave respectfully towards the Guide, other participants and third parties in public spaces.
The Guide may exclude from the tour any User whose behaviour is abusive, dangerous or clearly inappropriate, without any right to a refund.
8. Liability and Disclaimers
8.1. Weather conditions
The User understands that the tours take place outdoors and are therefore subject to weather conditions. The Guide is not responsible for any discomfort or dissatisfaction caused by rain, wind, heat, cold or any other weather event. The User is responsible for bringing suitable clothing and equipment (umbrella, raincoat, sunscreen, etc.).
8.2. Street incidents and acts of third parties
The Guide is not responsible for incidents, delays, damage or losses caused by events beyond the Guide’s reasonable control, such as:
Demonstrations, strikes, traffic restrictions or police/security operations.
Works in public spaces, diversions or closures of streets and squares.
Acts or omissions of third parties (including other pedestrians, drivers, businesses, local authorities or criminals).
8.3. Closure of tourist attractions
The Guide is not responsible if museums, monuments, churches or other tourist attractions are closed, have restricted access or change their opening hours without prior notice, even if they were included in the tour description. In such cases, the Guide will make reasonable efforts to offer alternative points of interest or adapt the itinerary.
8.4. User’s personal belongings and physical condition
The User is responsible for his or her own personal belongings during the tour and is advised not to bring valuables that are not strictly necessary.
The User declares that he or she is in adequate physical condition to participate in the tour and understands that walking on uneven pavements, cobblestone streets or slopes may be required.
8.5. Limitation of liability
To the maximum extent permitted by applicable law, the Guide’s liability for any claim arising from the Services shall be limited, in aggregate, to the total amount actually paid by the User for the specific tour in question.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is not permitted under Spanish law, particularly in relation to personal injury caused by negligence or in cases of wilful misconduct.
8.6. Food and beverages
Some tours may include visits to restaurants, bars or other establishments where food and drinks are consumed. The Guide does not personally prepare these products and cannot guarantee that they are completely free from allergens or any kind of cross‑contamination.
Users are strongly encouraged to inform the Guide in advance of any food intolerances, allergies or other dietary restrictions, so that the experience can be adapted as far as reasonably possible. However, ultimate responsibility for the consumption of food and beverages lies with the User and with the establishments that provide them. The Guide shall not be liable for any adverse reaction, food poisoning or other consequence arising from such consumption, even if a restriction has been communicated in advance.
8.7. Driving and transportation
When the Guide drives a rented vehicle with Users as passengers, the Guide assumes responsibility for safe driving in accordance with applicable traffic laws. However, the Guide shall not be liable for accidents, delays, injuries or damages caused by third parties, including other drivers, pedestrians, road conditions, traffic authorities or unforeseen circumstances beyond the Guide’s reasonable control. Users are encouraged to wear seatbelts at all times and to follow all safety instructions.
9. Website Availability and Technical Issues
9.1. Availability
The Guide endeavours to ensure that the website is available and functions correctly, but cannot guarantee continuous, uninterrupted or error‑free access.
9.2. User’s technical configuration
The Guide is not responsible for any failure, error or interruption in access to the website resulting from the User’s own device, browser, operating system, internet connection, security settings or other configuration beyond the Guide’s control.
9.3. Third‑party services
The website may use hosting services, content delivery networks or payment gateways provided by third parties. The Guide is not responsible for incidents attributable exclusively to such third‑party providers, without prejudice to any rights the User may have under mandatory consumer‑protection law.
10. Privacy and Data Protection
10.1. Applicable regulations
Personal data provided by the User through the website or during the booking process will be processed in accordance with the data‑protection regulations in force in Spain, including Regulation (EU) 2016/679, the General Data Protection Regulation (“GDPR”), and Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (“LOPDGDD”), which adapts Spanish law to the GDPR.
10.2. Controller and purpose
The Guide is the controller of the personal data collected.
The main purposes of the processing are:
Managing bookings, payments and the provision of the Services.
Responding to queries and communications from Users.
Where applicable, sending information about tours or similar activities, provided that the User has given consent or there is another valid legal basis.
10.3. Legal basis
The legal bases for processing personal data include:
Performance of a contract (management of bookings and provision of the Services).
Compliance with legal obligations (for example, tax obligations).
The Guide’s legitimate interests (for example, improving the Services), provided that such interests do not override the User’s rights.
The User’s consent, where required by law.
10.4. Data retention
Personal data will be kept for the time necessary to fulfil the purposes described above and to comply with applicable legal obligations. Once the relevant periods have expired, the data will be securely deleted or anonymised.
10.5. User rights
The User may exercise the rights of access, rectification, erasure, restriction of processing, objection and data portability, in the cases and under the conditions established by data‑protection law, by sending a written request to zurziquiar@gmail.com, attaching a copy of an identity document or equivalent proof of identity.
The User also has the right to lodge a complaint with the Spanish Data Protection Agency (Agencia Española de Protección de Datos, AEPD) if he or she considers that his or her data‑protection rights have been infringed.
10.6. Additional information
A more detailed privacy policy may be published on a separate page of the website. In the event of any discrepancy between these Terms and the privacy policy, the latter shall prevail with regard to data‑protection matters.
11. Intellectual Property and User‑Generated Content
11.1. Website content
All texts, images, logos, designs, photographs and other content displayed on the website that are not clearly identified as third‑party content are the property of the Guide or are used under the corresponding licences.
Copying, reproducing, distributing or exploiting such content without the Guide’s prior written permission is prohibited, except for personal and non‑commercial use permitted by law.
11.2. User opinions, comments and other content
By publishing or submitting opinions, comments, testimonials, photographs or any other content (“User Content”) on the website or on social‑media platforms or review sites linked to the Guide, the User:
Warrants that he or she owns the rights to such User Content or has sufficient authorisation to share it.
Grants the Guide a non‑exclusive, worldwide, royalty‑free, transferable and sublicensable licence to use, reproduce, modify, adapt, translate, publish, display and distribute such User Content, in whole or in part, in any media or format, for the purpose of promoting the Services and the website.
This licence remains in force for as long as the User Content is published on the website or on the Guide’s official channels.
11.3. Requesting removal of User Content
If the User wishes his or her opinion, comment or other User Content to be removed from the website or from the Guide’s official channels, he or she may contact the Guide, José Manuel Corpas, at zurziquiar@gmail.com or +34 679 83 33 31.
The Guide will assess the request in good faith and, unless there are legal or legitimate reasons to keep the content (for example, compliance with legal obligations or protection against legal claims), will proceed to remove or anonymise it within a reasonable period.
12. Links to Third‑Party Websites
The website may contain links to third‑party websites or services that are not owned or controlled by the Guide.
The inclusion of such links does not imply any approval or recommendation. The User accesses these websites at his or her own risk and must review their corresponding terms and privacy policies.
13. Changes to the Terms and to the Services
The Guide may modify these Terms at any time, for example in order to adapt them to changes in the Services, applicable law or best practices.
The updated version of the Terms will be published on the website and will apply to bookings made after the date of publication. The date of the last update will appear at the end of this document.
The Guide may also modify, suspend or discontinue certain tours or Services, or change their prices, availability or content, at any time. Such modifications will not affect bookings that have already been confirmed, unless the change is due to force majeure or to circumstances beyond the Guide’s reasonable control.
14. Governing Law and Jurisdiction
These Terms are governed by Spanish law.
For any dispute arising out of or in connection with these Terms, including their existence, validity, interpretation or performance, the courts of the place where the Services are provided or of the User’s habitual residence shall have jurisdiction, in accordance with the mandatory rules on consumer protection.
If any provision of these Terms is declared null or unenforceable, such provision shall be interpreted, in accordance with applicable law, in a way that most closely reflects the original intention, and the remaining provisions shall remain in full force and effect.
Last updated: 04/04/2026