CIVITATIS, owner of the website www.civitatis.com (hereinafter, the "Website") and the official CIVITATIS mobile application that can be downloaded through Google Play and the App Store (hereinafter, the "App"), is a company dedicated to managing the booking and sale of activities, excursions, guided tours and other tourist activities in different parts of the world for users who are interested in contracting these services. CIVITATIS also offers a transfer booking service that allows its users to travel from one point to another within the city of destination where the user is located.
CIVITATIS' details are as follows:
CIVITATIS provides accommodation providers with the Accommodation Platform (https://www.civitatis.com/en/accomodation/) through which a natural or legal person representing hotels and similar accommodation, tourist accommodation and other short-stay accommodation, campsites, caravan parks and other similar establishments (hereinafter, the "Accommodation") can book tourist activities, day trips, guided tours and transfers on behalf of their customers (hereinafter, the "Customer" or "Customers") and earn a commission on the final sale price. Likewise, CIVITATIS makes affiliate resources available to Accommodations (in accordance with the General Terms and Conditions for Affiliates) through text links, banners or widgets (hereinafter, the "Tools") provided by CIVITATIS so that they can be implemented on their websites or used in their online communications for the booking of CIVITATIS Services directly by their Customers.
By accessing, viewing or using the materials, resources, tools, content or services accessible through the Website and/or App, the Accommodation provider acknowledges that it understands and accepts these General Terms and Conditions with Accommodation Providers, which define the rights and obligations of CIVITATIS and the Accommodation Provider for the contracting of tourist activities, day trips, guided tours and transfers.
These are the only General Terms and Conditions with Accommodation applicable to the use of the platform (without prejudice to the fact that for certain services there may be specific conditions) and to the contracting of services for the Accommodation, and they replace any other conditions, unless otherwise agreed in writing between CIVITATIS and the Accommodation. To consult the General Conditions with Affiliates applicable to the use of affiliate resources, please go to this link. Notwithstanding the foregoing, the General Conditions with Affiliates shall apply to all matters not regulated herein and that do not contradict these General Conditions for Accommodation.
In order to contract the services offered by CIVITATIS or the resources provided, such as text links, banners or widgets (hereinafter, the "Tools"), the Accommodation must register and accept these conditions before making the corresponding payment.
The Accommodation shall be fully responsible for the use of its account. Consequently, it shall be responsible for the proper custody and confidentiality of the usernames and/or passwords that allow access to its account and to the membership resources of the Accommodation Platform provided by CIVITATIS, and undertakes not to transfer its use or access to third parties, either temporarily or permanently.
The Accommodation Provider may consult its Control Panel within the Accommodation Platform to view, among other things, the status, details and specifications of reservations made in real time, as well as detailed information relating to them in areas such as billing and commission charges.
Through the Control Panel, the Accommodation can access, manage and modify the booking, download activity vouchers and request invoices for services for those bookings that have been made through the Accommodation Platform. For bookings generated through affiliate resources, the referred customer will be the only one with the power to access, manage and modify the booking.
In order to make reservations through the Website and/or App, the Accommodation must register by sending a duly completed registration request as Accommodation using the form provided for this purpose. After sending this application, the Accommodation will receive an email from CIVITATIS informing them of the acceptance or rejection of their application, without the need to justify the decision taken. Once CIVITATIS has accepted the Accommodation's application, the Accommodation's account will be activated and from that moment on it will be able to make reservations through the Website and/or App, as well as through the affiliation resources available for the reservation of CIVITATIS Services directly by its customers. Membership of the Accommodation programme is completely free of charge and does not entail any minimum contract period or associated costs on the part of CIVITATIS, although costs may be incurred by third-party management systems outside CIVITATIS (e.g. PMS, Channel Manager, Revenue Software, etc.).
By virtue of these General Terms and Conditions with Accommodation Providers, the Accommodation Provider declares that it will provide true, accurate, current and complete information about its identity or, where applicable, about the person on whose behalf the activity or transfer is being booked. In this regard, the Accommodation Provider will be responsible for the accuracy of the information provided to CIVITATIS and for any consequences that may arise from errors in the information provided.
The Accommodation and its representatives shall be fully responsible for the use of their account, the membership resources and tools of the Accommodation Platform, the management and/or modification of reservations made on the Accommodation Platform and, in particular, the use and safekeeping of Customers' payment methods. Consequently, they shall be responsible for the proper safekeeping and confidentiality of the username and/or passwords that allow them to access their account, and they undertake not to transfer their use to third parties, either temporarily or permanently, or to allow third parties to access them. In the event that the Accommodation does not use its Accommodation Account and/or the affiliation resources available on the Accommodation Platform for online sales to its Customers when making a reservation, CIVITATIS is not responsible for applying the Accommodation commission to that reservation.
In accordance with the above, the Accommodation must immediately notify CIVITATIS via email at alojamientos@civitatis.com of any misuse of its username and/or password due to circumstances such as theft, loss or unauthorised access to them, so that CIVITATIS can proceed to cancel or block and/or disable them as soon as it becomes aware of the misuse of its account. Until such events are reported, CIVITATIS shall be exempt from any liability that may arise from the misuse of the Accommodation's names or passwords by unauthorised third parties.
2.- PURPOSE OF THE WEBSITE AND APPCIVITATIS has developed this Website and App to offer the Accommodation a booking service for activities, excursions and guided tours in different countries of the world.
Likewise, CIVITATIS offers through the Website and App a pick-up and drop-off service that allows the Accommodation to have a private vehicle to pick-up and drop-off its clients from one point to another within the destination cities where CIVITATIS offers this service.
CIVITATIS informs you that the activities, excursions and guided tours, as well as the transfers are services provided directly by third party companies collaborating with CIVITATIS (hereinafter, the Provider(s)). Therefore, CIVITATIS IS LIMITED EXCLUSIVELY TO OFFERING THROUGH THE WEBSITE AND APP A SERVICE OF ACTIVITIES, EXCURSIONS, GUIDED TOURS AND TRANSFERS, IN DIFFERENT PLACES OF THE WORLD, WHICH ARE EXECUTED DIRECTLY BY THE PROVIDERS.
The contracting of the services offered by CIVITATIS through the Accommodation Platform shall be carried out between the Accommodation and CIVITATIS, although in relation to certain Providers and services, CIVITATIS shall limit itself to providing its Website and/or App as an online platform through which the Providers offer their Services so that they can be contracted directly by the Agency. The voucher of the activity shall indicate the mode of contracting.
In the latter case, the Accommodation, at the time of formalizing the reservation, will also establish a contractual relationship with the Provider with whom the activity or transfer has been booked. CIVITATIS will act as a mere intermediary between the Accommodation and the Provider, limiting itself to transmitting the relevant booking data to the Providerand sending the Accommodation a booking confirmation e-mail on behalf of the Provider.
The contracting of the Services through affiliate resources shall be carried out directly by the Customers through the CIVITATIS Website and/or App by redirecting the Customer using the custom text link, banner or widget, QR code, or direct payment link for online sales provided to the Accommodation.
The information displayed by CIVITATIS through its Website and/or Accommodation Platform for the provision of the services is based, in any case, on the information provided by the Providers.
3.- REGULATORY COMPLIANCEBoth CIVITATIS and the Agency shall comply with all the requirements contained in Directive 2011/83/EU of the European Parliament and of the Council on Consumer Rights, the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, in terms of Package Travel and linked travel services in their conditions of Organizer, Retailers and/or entrepreneurs.
For clarification, they must comply with all national and European Union regulations applicable to Package Travel, Travel Services and Consumer and User Rights.
4.- SPECIFIC CONDITIONS ON THE RESERVATION OF ACTIVITIES, EXCURSIONS AND GUIDED TOURSReservations made by the Accommodation through the Platform and/or its referred customers through the affiliation resources through the Website and/or App are subject to the specific conditions that apply to each activity, excursion or guided tour.
The Accommodation and/or its referred customers will find these conditions on the description page of the Website and/or App for each of these services, as well as in the confirmation email sent to them by CIVITATIS once the reservation has been made.
4.1 General conditions applicable to all reservations.
In general, the booking of activities, excursions and guided tours promoted by CIVITATIS through the Website and/or App is subject to the following conditions:
4.2 Specific conditions related to information about the activity, excursion and/or guided tour booked.
Each of the transfers offered by CIVITATIS on the Website and/or App is subject to specific conditions, which the Agencies and Clients may consult in said transfer description (located on the Website and App), or in the confirmation email sent to them by CIVITATIS once the reservation has been completed.
Notwithstanding the above, Agencies must take into account the following:
If the private transfer services entail the payment of a supplement, it must be accepted or rejected by the Client or the Agency. If no reply is received, the reservation will be automatically canceled and the amount will be immediately refunded to the Agency. CIVITATIS will issue the appropriate amending documentation, in any case.
The contracting of CIVITATIS services shall be deemed formalized once the Accommodation and/or its customers have completed and accepted the booking form for the activity or transfer, and the booking has been confirmed, after the booking process has been completed correctly and payment has been made correctly.
6.1.- Accommodation Commission
CIVITATIS will apply a commission of 10% on the final sale price (plus VAT) to the Accommodation, except in the case of free tours, which will be €1 (plus VAT) for each person over 12 years of age who books and attends the free tour Activity.
If a customer cancels a booking, disputes the payment on their card, or there is any type of fraud, the commission will be deducted from the next payment.
If the total monthly amount accrued by the Accommodation in commissions is less than fifty euros (€50), that amount will be added to the successive monthly commissions accrued by the Accommodation until the minimum amount of fifty euros (€50) is reached or exceeded, at which point the obligation to invoice and pay the corresponding commissions to the Accommodation will arise.
To avoid duplication, Civitatis Gift Vouchers are not commissionable, as future sales made with this balance are commissionable.
The Accommodation may find details of the commissions accrued in the "Billing" section of the Accommodation Control Panel, and they will be paid to the Accommodation in accordance with the provisions of these General Conditions.
Likewise, any costs, commissions, surcharges or exchange rates applied by the Accommodation's bank (or by any third party involved in the collection operation) arising from currency exchange that may occur in connection with the payment of commissions, settlements or any other amount under these General Terms and Conditions shall be borne exclusively by the Accommodation and shall not be assumed or reimbursed by CIVITATIS. Consequently, CIVITATIS shall not be liable in any case for any additional amounts that may be generated by currency conversion, bank commissions, or expenses associated with the receipt or processing of payments in different currencies.
6.2.- Payment method for reservations
The prices will be those indicated by CIVITATIS at the time of booking the activity or transfer chosen by the Accommodation. Payment can be made in Euros, US Dollars, British Pounds, or local currency where applicable. The available payment methods depend on the currency chosen for payment, not on the country of the Accommodation or the Customer. If CIVITATIS makes payments in a currency other than the Euro, they will be calculated at the exchange rate shown by the Bank of Spain on the last day of the month to which the payment refers.
All services are confirmed immediately and are paid for at the time of booking by:
6.3.- Generation of reservations by the Accommodation and collection of Commissions.
6.3.1.- Reservations and payment through the Accommodation Platform on behalf of Clients:
The 10% commission on the final sale price (plus VAT) will be automatically accrued on the 15th day of the month following the provision of the reserved Service. For this commission to be accrued, confirmation of the reservation by the provider for the chosen date is required, as well as its effective and correct provision.
6.3.2.- Reservations through the Affiliate Link for Accommodation:
The Accommodation will also have access to affiliate resources within its Accommodation Platform in the "Links and Resources" section to include its own Affiliate Link, banners, and widgets on its Website or App, through which it can carry out promotion, commercial communications, and redirect Customers to the CIVITATIS Website or App so that they can book Services.
The conditions of use and operation of the affiliate resources within its Accommodation Platform are set out in the General Conditions of the CIVITATIS Affiliate Program.
Reservations generated through the affiliate resources will generate a commission of 10% on the final price (plus VAT), which will be automatically accrued on the 15th of the month following the provision of the Service. In order for the commission to be accrued, the reservation must be confirmed by the provider for the chosen date, and the service must be effectively and correctly provided.
6.3.3.- Reservation of Free Tours.
For each participant in a Free Tour Activity, the Accommodation will receive a commission of €1 (plus VAT) for each person over the age of 12 who books and attends the Free Tour Activity, which will be automatically accrued on the 15th of the month following the provision of the Service. In order for the commission to be accrued, the reservation must be confirmed by the provider for the chosen date, and the service must be effectively and correctly provided.
6.4.- Reservation Management by the Accommodation Provider.
6.4.1.- Reservation Management through the Accommodation Platform.
After booking the reservation, the Accommodation will receive a confirmation email confirming the Service contracted. If the Customer's email address is included, they will also receive confirmation of the reservation. The Accommodation and/or its Customers may manage the booking from this confirmation email, and the Accommodation may also manage or modify the booking from the Accommodation Control Panel.
Any modification or management of the Customer's booking shall be the responsibility of the Accommodation and/or the Customers themselves. The Accommodation will manage the booking, changes, and/or modifications on behalf of the Customer, allowing the following actions, among others, to be carried out through the Accommodation Control Panel: (i) general modifications to the booking, (ii) acceptance of supplements for transfers, and (iii) management of refunds in retail price payments.
The Accommodation may download from the Website or App the documentation relating to the contracting of the Services provided by CIVITATIS. In some cases, the documentation necessary to carry out the excursion or activity will be sent by the Service Provider via email to the email address provided in the booking. In the event that the reservation is canceled in accordance with point 7 of these General Conditions, CIVITATIS will issue the appropriate corrective documents for the Accommodation and/or its Customers.
6.4.2.- Management of reservations made through the affiliate resources of the Accommodation Platform:
If the reservation of the Services is made through the affiliate resources, the Accommodation will not be able to make any changes or modifications to the reservations, and will only be informed of the sale. The Accommodation will be notified of the booking via an informative email and will be able to see the sale in its Control Panel, but will not have access rights through the Reservation Locator, download the Activity Voucher, or make any changes or modifications to the Reservation.
6.5.- Accounting Documents.
6.5.1.- Self-invoicing.
CIVITATIS reserves the right to issue a self-invoice to the Accommodation for the Commission applicable to the Accommodation. The self-invoice generated would be unique and definitive, replacing any other commercial or accounting document that the Accommodation may issue for this concept and within the scope of the reservation of CIVITATIS Services. In the event of any discrepancy between the self-invoice issued by CIVITATIS and an invoice issued by the Accommodation in relation to commissions or other applicable amounts, the self-invoice shall prevail in all cases and shall be considered the only valid and correct document for accounting and settlement purposes between the Parties.
CIVITATIS reserves the right to automatically issue a Self-Invoice for the Intermediation Commission for all Services. For Accommodations located in Spain (peninsula and Balearic Islands), VAT or similar applicable tax will be added to the commission accrued, broken down within the total invoice amount. In the event of cancellation, a Corrective Self-Invoice will be issued.
If the self-invoice is used, the Accommodation will have all the self-invoices generated to date for the Services contracted through CIVITATIS available in its Accommodation Panel, in the "Invoices" section, for consultation and download in electronic format.
6.5.2.- Invoice request
The Accommodation may download the documentation relating to the services contracted on the CIVITATIS website from its Accommodation Panel.
The billing, sales, and cancellation conditions will depend on the nature and service provided, depending on whether the service is provided by CIVITATIS or a Third Party Provider, in accordance with the following specifications:
The Accommodation will always be responsible for correctly requesting the invoice in its name, depending on the payment method used to make the booking.
When activities or products from different types of providers (CIVITATIS Products, National Suppliers or International Providers) are purchased in the same booking, the Accommodation must request an individual invoice for each supplier, indicating the activity(ies)/product(s), provider and invoice method as applicable.
The Accommodation shall bear the costs of the bank transfer, with a minimum of two euros (€2) per transfer, as well as liability for damages caused to CIVITATIS as a result of the Accommodation providing incorrect or insufficient bank details.
The Accommodation shall bear the payment of all taxes, fees, insurancel and similar expenses arising from payments made in its favour by CIVITATIS.
6.6.- Responsibility for the accuracy of data and the use of payment methods in Reservations.
The Accommodation is directly and indirectly responsible for the accuracy of the data collected from Customers for the generation of the reservation of the Services and the corresponding invoices. Likewise, it shall be directly and indirectly responsible for the use and application of payment methods and gateways for making reservations by Customers and in cases where it uses the Customer's payment method when making reservations through the Accommodation Platform.
CIVITATIS disclaims any liability between the Accommodation and the end Customer in relation to the making of reservations by the Accommodation using the Customer's payment methods on their behalf.
Any erroneous or fraudulent charges made using the payment methods accepted and used for the purchase of Services must be notified to CIVITATIS by email at alojamientos@civitatis.com as soon as possible so that CIVITATIS can take the appropriate action.
7.- CANCELATION POLICYEach of the services included by CIVITATIS on the Website and/or App (activities, excursions, guided tours and transfers) has a specific cancelation policy that the Agency and/or the Client may consult in the description of the activity (on the Website and/or App), as well as in the confirmation email sent by CIVITATIS once the reservation has been made.
Therefore, each service will have its specific cancelation conditions, which establish the cancelation period and whether there is any type of penalty or not.
Ultimately, CIVITATIS will manage cancelations in accordance with the cancelation policy of each activity, excursion, guided tour and/or transfer.
In the event that the Provider does not have availability on the contracted date, an alternative date or time will be offered to the Agency, which must be accepted or rejected by the Agency within 72 hours from the notification of the modification in the reservation. If no reply is received within the established period or if the modification is rejected, the reservation will be canceled and the amount of the reservation will be immediately refunded to the Agency. In any case, CIVITATIS will issue the appropriate supporting documentation.
In the case of refundable cancelations, the Agencies may request the refund of the amount to the original method of payment or to its Operative Deposit (wallet), being the full responsibility of the Agency the management of the refunds and reimbursements to the Client.
The Agency releases CIVITATIS from any liability in all matters concerning the processing and management of refunds to the final Client for the cancelation of refundable services.
IN ACCORDANCE WITH THE ABOVE, AND BY ACCEPTING THESE GENERAL CONDITIONS WITH AGENCIES, THE AGENCIES DECLARE THAT THEY HAVE READ AND EXPRESSLY ACCEPTED THIS CANCELATION POLICY AS WELL AS AGREE TO THE CANCELATION CONDITIONS OF THE ACTIVITY, EXCURSION, GUIDED TOUR AND/OR TRANSFER BOOKED THROUGH THE WEBSITE AND/OR APP.
8.- CONDUCT ON THE WEBSITE AND APPThe Accommodation undertakes the responsibility to make a lawful, diligent, honest and correct use of any information or contents accessed through the Webste or App, and all this under the principles of good faith and respecting at all times the current legislation and the present General Conditions with Agencies. In particular, but without limitation, the Agency shall not:
i. Register or communicate data that is not true, accurate, complete and/or updated, or access the Website or App using the name, identification data or password of another User or Agency, or impersonate any person or identity.
ii. Use the Website or App for fraudulent purposes, or in connection with criminal offenses or unlawful activities of any kind.
iii. Introduce or disseminate computer viruses that may cause unauthorized alterations to the contents or systems comprising the Website or App.
iv. Create a Profile or use the Website or App to use or reuse material that is unlawful, offensive, pornographic, abusive, abusive, indecent, defamatory, obscene or threatening in any way, or in violation of copyright, trademark or confidentiality, privacy or any other rights, or is otherwise injurious or objectionable to third parties.
v. Download, post or otherwise distribute content or applications that may violate any applicable law or infringe any rights of any party.
vi. Correctly use the Tools provided such as the Affiliate Link, banners, widgets for online sales or any other technical/computer resource in accordance with these General Terms and Conditions and the General Terms and Conditions of the CIVITATIS Affiliate Program.
vii. The Agencies shall be responsible at all times for the Processing of Personal Data of their Clients with special attention to their contact details, financial data and payment methods used by the Clients to book Services through the Agency's Platform.
CIVITATIS reserves the right to deny any attempt to access the Website/App or cancel Agency accounts, in cases of improper use of the Website or App in accordance with the provisions of this stipulation.
9.- OPINIONS, COMMENTS, COMMUNICATIONS AND OTHER CONTENTAccommodation Clients who book CIVITATIS Services through the Affiliate Link provided to the Accommodation may publish their opinions and ratings on the Website or App.
To do so, CIVITATIS will send an email to the email address provided by the Accommodation and/or its customer, once the activity or transfer has been completed, so that they can rate the experience and service provided by CIVITATIS.
When CIVITATIS receives the opinion and assessment through the e-mail provided by the Accommodation, it will be reviewed and published as soon as possible on the Website/App. Likewise, the user also authorizes CIVITATIS to publish, if deemed appropriate, the opinions and ratings of the user on social media platforms of CIVITATIS (ex: Instagram, Facebook/Meta, Twitter/X, TikTok, LinkedIn).
In any case, CIVITATIS will publish the reviews of the Accommodations provided that the content of the reviews is not unlawful, obscene, abusive, threatening, defamatory, invades the privacy of third parties, or is otherwise objectionable to third parties, and provided that the content does not incorporate advertisements or links to other websites and/or that the review does not correspond to the rated service.
In particular, CIVITATIS reserves the right to not publish those reviews whose content may include the following terms:
i. Discriminatory comments: comments that go against an individual and that violate the principles of the right to honor, to personal and family privacy, to one's own image and to the dignity of the person will not be allowed under any circumstances. Any type of discriminatory publication, whether for reasons of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance, is prohibited.
ii. Illegal activities: It is not allowed for the content of said reviews to promote illegal activities or include obscene or defamatory comments.
iii. Violence: It is expressly forbidden for opinions to contain statements that promote violence and/or include sexual violence or violence against animals and people.
iv. Degrading content: Opinions or comments that are intimidating, threatening, degrading or in any way promote violence against a person or a specific group are not allowed.
v. False content: Reviews: Reviews that may contain "like" indications on social networks are expressly forbidden.
vi. Promotional content: It is expressly forbidden to entrust reviews to third parties to promote your own products.
vii. Manipulated or extrapolated content: It is expressly forbidden to publish reviews that have been manipulated or that there are indications that they may have been manipulated so that only positive reviews are published. Likewise, it is not permitted that these reviews and social approvals can be extrapolated or linked to different but related content, in order to avoid forcing a positive opinion of the User.
Communications between the parties shall be made in writing via e-mail with acknowledgment of receipt or by any other means that records the notice of receipt and content of said communications.
i. Communications to CIVITATIS shall be sent to: alojamientos@civitatis.com
ii. Communications to the Accommodation: the e-mail address of registration shall be used.
10.- LIABILITY WAIVERCIVITATIS shall not be liable for the following circumstances (including but not limited to):
i. Cancellations made out of time by the Accommodation and/or its clients. CIVITATIS will not be responsible under any circumstances for refunding the amounts paid by the Accommodation and/or its clients when they have not complied with the cancelation period covered in the cancelation policy applicable to each service.
ii. For delays or errors committed by the Accommodation and/or its clients to reach the meeting point of the activity, excursion, guided tour and/or transfer booked. In other words, CIVITATIS shall not take any responsibility if the Accommodation and/or its clients miss the activity or transfer booked due to lack of timeliness and/or not being at the agreed meeting point.
iii. For cases in which the Provider denies the Accommodation's clients access to the activity, excursion and/or guided tour when the client does not carry the pertinent voucher printed on paper and/or downloaded to his/her cell phone (as required in each case by the Provider).
iv. For damages and theft affecting clients of the Accommodation and property owned by them during the activities, excursions and guided tours and/or during the journey of the transfer service hired.
v. For the injuries, damages and accidents that may fall upon the clients of the Accommodation during the activity, excursion, guided tour and/or transfer booked, as well as for those injuries, damages and accidents suffered by the clients of the Accommodation prior to the service and that have prevented them from enjoying the service.
vi. Cases in which the vehicle hired for the transfer fails to go to the pick-up point when the information provided by the Accommodation and/or its clients about the pick-up point and pick-times is incorrect or misleading.
vii. For the cases of missing flights, trains, buses or any other means of transport, as a consequence of not having requested the transfer service with the advance notice recommended by CIVITATIS. The Accommodation and/or its clients acknowledge that they are solely responsible for knowing the departure time of the flight/train/bus and requesting the pick-up service with sufficient time.
viii. For the weather conditions in which the Provider decides to carry out the activities, excursions and guided tours booked by the Accommodation and/or its clients. Under no circumstances shall CIVITATIS be responsible for these circumstances, and therefore the service shall be deemed to have been correctly provided.
ix. For the quality and adequacy of the service contracted by the Accommodation and/or its clients.
x. Cases in which the activities, excursions or guided tours have been completed with respect to all the attractions included in them, even if the duration has suffered a slight variation due to any external factor to the Provider and/or CIVITATIS. In this situation, the service will be considered to have been correctly carried out.
xi. Complaints and claims regarding the service hired by the Accommodation and/or its clients, which shall be managed with the Service Provider, notwithstanding the fact that CIVITATIS may collaborate with the Accommodation and/or its clients to address their complaints.
xii. Fraudulent use by the Accommodation or third parties of the Clients' payment methods when making reservations in their name.
In addition, and in the cases in which the Accommodation contracts the services directly with the Supplier, CIVITATIS shall not be liable:
xiii. For the fulfillment of any tax obligation of declaration, payment or any other type arising from or as a consequence of the service provided by the Provider. CIVITATIS is exempt from any type of tax liability in relation to the services rendered by the Provider.
Furthermore, CIVITATIS does not provide any guarantee nor is it responsible, in any case, for damages of any nature that may arise from the access or use of the content or the Website and/or App. Among others, including but not limited to, CIVITATIS shall not be liable for the following circumstances:
xiv. Lack of availability, maintenance and effective functioning of the Website, App and/or its services or contents, as well as for damages of any nature that may be due to the lack of availability or continuity of the Website or App functionality.
xv. Technical failures caused by third parties or force majeure that prevent the proper functioning of the Website or App.
xvi. Circumstances of force majeure, understood as the failure, suspension or interruption of the services or use of the Website and/or App, as a consequence of the Internet networkbeing blocked, actions or omissions of third parties, or any other cases or causes independent to the will of CIVITATIS that prevent the normal use of the Website and/or App.
xvii. The illicit, negligent, fraudulent use, contrary to the terms of these General Conditions with Accommodations, or the good faith of the Website and/or App, by the Accommodation.
CIVITATIS reserves the right to lawfully take legal action against the Acommodation, as a consequence of the commission of the acts described in this section, and in general, for the breach of these General Terms and Conditions with Accommodations.
CIVITATIS and the Accommodation will be jointly and severally liable to the users for the correct fulfillment of the contracted travel services, regardless of whether these services are to be performed by themselves or by other providers, in those cases established by Directive 2011/83/EU of the European Parliament and of the Council on Consumers' Rights and/or Royal Legislative Decree 1/2007, of November 16, which approves the revised General Law for the Defense of Consumers and Users and other complementary laws.
11.- DURATION AND TERMINATION OF GENERAL TERMS AND CONDITIONS WITH ACCOMMODATIONSThe General Conditions with Accommodation will have a duration of one (1) year, which may be tacitly extended for equal periods, provided that neither party gives written notice of termination 60 calendar days prior to the end of the commercial relationship.
Without prejudice to the foregoing, CIVITATIS shall have the right to terminate the contract at any time and without prior notice to the Accommodation, in the event that the latter fails to comply with any of the obligations set forth herein.
Once the commercial relationship has been terminated by either of the parties, the Accommodation will be responsible for each and every one of the operations carried out up to the date of termination. Likewise, it shall immediately return any confidential information to which it may have had access by virtue of these General Terms and Conditions and shall refrain indefinitely from publishing or disclosing the same.
The business relationship and the application of these Terms and Conditions may be terminated at any time in the following cases: (i) by mutual agreement; (ii) at the request of CIVITATIS if more than six (6) months elapse without the Accommodation generating a new sale; (iii) in the event of bad faith in the management and/or payment of the bookings made or incorrect information about the Civitatis product to the Accommodation's clients and (iv) in the event of manipulation of the bookings through the Accommodation Platform or affiliation resources.
12.- PERSONAL DATA PROTECTIONOn joining the CIVITATIS accommodation programme, the Accommodation shall provide the data and information relating to the Accommodation that are required by CIVITATIS in order to formalise the contractual relationship. In accordance with the above, the Affiliate is informed about how their personal data is treated, how their privacy is protected and the information they provide to CIVITATIS, in the form of questions and answers, is protected.
Who is responsible for the processing of your data?
Who is the entity's Data Protection Delegate (DPD) and how can they help you?
The DPD is a figure, legally foreseen, whose main functions are to inform and advise our entity on the obligations that affect it in terms of personal data protection and to supervise its compliance.
In addition, the DPD acts as a point of contact for any matter relating to the processing of personal data, so if you have any questions, doubts or suggestions regarding how we use your personal data, you can contact them at: dpo@civitatis.com.
This email address is for queries relating to the processing of personal data. It is not enabled to handle bookings, cancellations or other operational procedures, which must be done through the usual customer service channels.
For what purposes do we process your personal data?
a. To manage your application to join the CIVITATIS Accommodation programme, as well as the contractual relationship maintained between the parties in the event of acceptance of your application, invoicing and payment of services. To this end, it is necessary for the Accomodation to provide us with their personal information, otherwise their application and the contractual relationship cannot be executed.
b. To send commercial communications about our products or services. In relation to the sending of the aforementioned communications, based on the information provided, we may draw up commercial profiles, in order to offer the products and services that best suit the interests of the Accomodation. The processing of your data for this commercial purpose is not obligatory, therefore, if you object to such processing, you'll not receive any advertising.
c. Compliance with accounting, legal, fiscal and administrative obligations. This processing is necessary for CIVITATIS to comply with the legal obligations that may derive from the contractual relationship that has been established, including the fulfilment of data protection rights; otherwise, these obligations cannot be fulfilled and, therefore, the provision of the data for this purpose is obligatory.
The data will be treated confidentially, guaranteeing its security by adopting the appropriate security measures required by current legislation.
For how long will we process your data?
We only keep your data for the period of time necessary to fulfil the purpose for which they were collected, to comply with the legal obligations and to cover any possible liabilities that may arise in relation to the purpose for which the data was collected.
In the event that CIVITATIS does not accept the Accomodation's application for registration, the data will be kept for a maximum period of one year, for the purpose of being able to detect during this period if a previously rejected Affiliate tries to apply for registration again.
In the event that the Accomodation is accepted by CIVITATIS and begins to work with the entity, his/her data will be kept for as long as the contract is in force (Accomodation Programme General Conditions). Once this relationship has ended, if applicable, the data may be kept for the time required by the applicable legislation and until any liabilities arising from the contractual relationship expire.
The data processed for sending commercial communications about our products or services will be kept indefinitely, until, where appropriate, the Accomodation requests to stop receiving such communications.
Data for the fulfilment of accounting, legal, fiscal and administrative obligations will be retained until the statute of limitations expires in accordance with current legislation.
What is the legal basis for the processing of your data?
The legal basis for the processing of your data in connection with your application for Accomodation programme is the adoption of pre-contractual measures aimed at assessing your application. In the event that CIVITATIS accepts the application, the Accomodation's data will be processed on the basis of the execution of the contractual relationship, arising as a consequence of these General Terms and Conditions, as well as the fulfilment of a legal obligation, with respect to the fulfilment of accounting, legal, fiscal and administrative obligations arising from the contractual relationship.
The prospective offer of products and services to Accomodations is based on the satisfaction of the legitimate business interest in keeping them informed of the products and services offered by CIVITATIS. This legitimate interest is recognised by the applicable legal regulations (General Data Protection Regulation), which expressly permits the processing of personal data on this legal basis for direct marketing purposes. However, the Accommodation has the right to object to this processing of his or her data and may do so by any of the means provided for in this clause.
The types of data processed from Accomodations are those reflected in the on-line registration application form.
To which entities will your data be communicated?
The data will be communicated to the following entities:
a. The competent Public Administrations, including judges and courts, in the instances foreseen in the Law and for the purposes defined therein.
b. Financial institutions through which the management of collections and payments is carried out.
Although not a transfer of data, third party companies, acting as our suppliers, may access your information in order to carry out their services. These third parties access your data under our direction and they may not use it for any other purpose, maintaining the strictest confidentiality and on the basis of a contract in which they undertake to comply with the requirements of the current legislation on personal data protection.
Do international data transfers take place?
International data transfers may occur in the following cases:
What are your rights when you provide us with your data?
Any person has the right to obtain confirmation as to whether or not we are processing their personal data. Relevant persons have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, to request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
Under the conditions provided for in the General Data Protection Regulation, data subjects may request the limitation of the processing of their data or their portability, in which case we will only retain them for the purpose of exercising or defending claims.
In certain circumstances and on grounds relating to their particular situation, data subjects may object to the processing of their data. If you have given consent for a specific purpose, you have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal. In such cases, we will stop processing the data or, as the case may be, we will stop processing it for that specific purpose, except for compelling legitimate reasons, or the exercise or defence of possible claims.
Furthermore, data protection law allows you to object to being subject to decisions based solely on automated processing of your data, where appropriate.
These rights are characterised by the following:
In order to facilitate the exercise of the aforementioned rights, we provide below links to the application form for each of them:
All the aforementioned rights may be exercised through the means of contact listed at the beginning of this clause.
In the event of any breach of your rights, in particular where you have not obtained satisfaction in exercising your rights, you may lodge a complaint with the Spanish Data Protection Agency (contact details available at www.aepd.es), or other competent supervisory authority. You can also obtain further information about your rights by contacting these bodies.
How do we protect your personal data?
We are committed to protecting the personal data we process. We use reasonably reliable and effective physical, organisational and technological measures, controls and procedures aimed at preserving the integrity and security of your data and ensuring your privacy.
In addition, all staff with access to personal data have been trained and are aware of their obligations in relation to the processing of your personal data.
In relation to the contracts we sign with our providers, we include clauses requiring them to maintain the duty of confidentiality with respect to the personal data to which they have had access by virtue of the contract, as well as to implement the necessary technical and organisational security measures to guarantee the permanent confidentiality, integrity, availability and resilience of the systems and services for the processing of personal data.
All these security measures are reviewed periodically to ensure their adequacy and effectiveness.
However, absolute security cannot be guaranteed and no security system is impenetrable so, in the event that any information under our control and under our control is compromised as a result of a security breach, we will take appropriate steps to investigate the incident, notify the Supervisory Authority and, where appropriate, those users who may have been affected to take appropriate action.
What is your responsibility as the owner of the data?
The Accomodation is responsible for the accuracy of the data and must keep them suitably updated so that they reflect their actual situation, and is liable for any false or inaccurate data that may be provided, as well as for any damages, direct or indirect, that may arise.
If the Accomodation provides data of third parties, he/she assumes the responsibility of previously informing them of all the provisions of article 14 of the General Data Protection Regulation under the conditions established in said precept.
What obligations does the Accomodation have regarding the use of cookies?
The Accomodation undertakes to comply with the applicable regulations in relation to the use of cookies in the content published on its website(s). In this regard, the Accomodation shall be obliged to inform and obtain the consent of users with respect to analytical and/or advertising cookies found on its website(s), as well as any other cookies used on its website(s) that are not exempt from compliance with these obligations. The Accomodation shall exempt CIVITATIS from any sanction or claim arising from a breach of the Law on Information Society Services and Electronic Commerce (LSSI), the General Data Protection Regulation or other complementary regulations. Informed consent must be obtained in all cases following the guidelines established in the Guide on the use of cookies of the Spanish Data Protection Agency.
13.- INTELLECTUAL PROPERTY14.1 Intellectual and Industrial Property relating to the Website and App owned by CIVITATIS.
All rights over the content, design and source code of this Website and App, the Agency Platform and, in particular, including but not limited to, all rights over the photographs, images, texts, logos, designs, trademarks, trade names, data included on the Website and App and any other intellectual and industrial property rights are owned by CIVITATIS, or by third parties who have expressly authorised CIVITATIS to use them on the Website and App.
Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, regularising, clarifying and harmonising the legal provisions in force on the subject (hereinafter, "Intellectual Property Law"), as well as in Law 17/2001, of 7 December, on Trademarks and complementary legislation on intellectual and industrial property, it is expressly forbidden to reproduce, transmit, adapt, translate, distribute, publicly communicate, including making available, all or part of the contents of the Website and App, in any medium and by any technical means, unless expressly authorised in writing by CIVITATIS.
CIVITATIS does not grant any licence or authorisation of use of any kind over its intellectual and industrial property rights or over any other property or right related to the Website and App, and in no case shall it be understood that access and browsing by the Agencies implies a waiver, transmission, licence or total or partial transfer of said rights by CIVITATIS.
Any use of these contents not previously authorised by the Agency shall be considered a serious breach of intellectual or industrial property rights and shall give rise to the legally established responsibilities on the part of the Agency.
14.2 Intellectual property relating to the affiliation resources of the CIVITATIS Accommodation Platform.
CIVITATIS owns or is licensed to use all Intellectual Property Rights and other rights related to the CIVITATIS Affiliate Platform. Under the terms of this Agreement, the Accommodation does not acquire any rights or licences other than the right to install and/or integrate the tools, links, banners, widgets or any other resources provided by CIVITATIS on the linked websites.
14.3 Intellectual Property relating to the opinions of the Accommodations published on the Website/App.
As the Website and App allow the publication of opinions, the Agencies grant CIVITATIS a universal, unrestricted and free licence for the use, distribution, public communication, adaptation and reproduction of such opinions. By means of the aforementioned licence, CIVITATIS may transform, adapt and, in short, use the opinions of the Agencies for advertising and promotional purposes on the websites and social networks owned by CIVITATIS.
14.- CONFIDENTIALITY AND TRANSFER OF RIGHTSFor the purposes of these Terms and Conditions, "Confidential Information" means all information of whatever nature (whether oral, written or otherwise) relating to or provided by each of the Parties in connection with the provision of the Services under these Terms and Conditions, which may only be used by the Parties for such purpose, including its technologies, technologies developed or marketed by it, manuals, software (source code and object code), databases (whether original and/or sui generis), business plans, marketing plans, know-how, technological and IT resources and tools such as, but not limited to, Affiliate Links, banners and widgets, customer or supplier lists, financial information, pricing policies, advertising campaigns, trademarks, any piece of information marked as "confidential", trade secrets, or, in general, any other document, data or information that can reasonably be qualified as confidential. Neither Party shall disclose to any third party either directly or through any third party without the prior written consent of the other, any information it receives from the other Party in connection with these General Terms and Conditions with Agencies.
This limitation shall apply indefinitely and shall remain in force after the termination, for any reason, of the commercial relationship between the Agency and CIVITATIS, from the communication of the information, regardless of the duration of these General Terms and Conditions. Both Parties agree that any confidential information received from the other party must be used for the sole purpose of providing or receiving services under these General Conditions. The above restrictions shall not apply to any information:
i. which is or becomes generally available to the public for any reason other than breach of an obligation under this provision; or
ii. which is obtained from a third party who is not bound by a duty of confidentiality in relation to the information; or
iii. which was previously known to him; or
iv. the disclosure of which by the recipient is required by law.
Furthermore, disclosure of confidential information pursuant to a judicial or administrative order shall not be subject to the obligation of confidentiality provided that the party receiving the order informs the other party in writing in advance of the obligation to disclose such information.
After the expiration of the term of this Agreement, the Parties shall return the confidential information received or certify that it has been destroyed.
The obligation of confidentiality provided for in this Clause shall remain in force for both Parties on a continuing basis.
The Agency may not assign its position in the General Terms and Conditions with Agencies without having obtained the prior written consent of CIVITATIS.
CIVITATIS reserves the right to assign its position as well as any rights or obligations arising therefrom in its favour or at its expense. CIVITATIS shall notify the Agency of the assignment at least thirty (30) calendar days in advance.
15.- AMENDMENTSThe Accommodation acknowledges that, given the nature of the commercial relationship and the Services offered by CIVITATIS, it is possible that these General Conditions may be subject to modification.
CIVITATIS reserves the right to make as many modifications as it deems appropriate to these General Conditions with Accommodations, in which case it will notify the Accommodation indicating the modifications and how they affect these General Conditions.
Modifications to these General Terms and Conditions shall be considered valid from the moment they are published on the Website/App.
The modifications will be applied immediately, if this is imperative due to the nature of the commercial relationship between the Accommodation and CIVITATIS and/or the nature of the Services affected.
16.- SAFEGUARD CLAUSEAll clauses or terms of these General Conditions with Accommodation must be interpreted independently and autonomously, and the rest of the stipulations will not be affected if one of them has been declared null and void by a court ruling or final arbitration decision. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the General Conditions with Accommodation.
17.- LEGISLATION AND JURISDICTIONThese General Conditions with Accommodation shall be governed by Spanish law. For the resolution of any discrepancy, question or claim derived directly or indirectly from the interpretation or execution of these General Conditions, CIVITATIS and the Accommodation expressly submit to the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain)
Updated as of January 2026
