CIVITATIS, Website owner of www.civitatis.com (hereinafter, the Website), is a company dedicated to managing the reservation and sale of activities, tours, guided tours and other tourist activities in various countries around the world for all Agencies who are interested in hiring these services. Moreover, CIVITATIS offers a transfer reservation service that allows its Agencies and their clients to move from one place to another within the destination city where the AGENCY or its client is located.
CIVITATIS provides the agencies with the Agencies Platform (https://www.civitatis.com/en/agencies/) through which, a natural or legal person (hereinafter, AGENCY), may book tourist activities, excursions, guided tours and transfers on behalf of their customers and enjoy a discount on the final retail price. Likewise, CIVITATIS provides the Agencies with the affiliate resources (following the Affiliate Programme General Conditions) in the form of text links, banners or widgets (hereinafter, the "Tools"), provided by CIVITATIS so they can be included on their web pages or used in their online communications so their clients can book CIVITATIS’ Services.
The details of Civitatis are as follows:
Name: CIVITATIS TOURS, S.L.
Tax Code: B-86899440
Business Address: Calle Coloreros 2, 28013, Madrid
Contact Email: firstname.lastname@example.org
1.- GENERAL CONDITIONS REGARDING AGENCIES AND ACCESS TO THE WEBSITE
By accessing, using, or viewing the material, resources, tools, content or services accessible via the Website, the AGENCY states that it understands and accepts these AGENCY Program General Conditions, which define the rights and obligations of Civitatis in relation to the AGENCY, regarding the booking of tourist activity services, excursions, guided tours and transfers.
These are the only AGENCY Program General Conditions applicable to the Agencies Platform (without taking into account that for certain services specific conditions may exist) and upon the contraction of services by the AGENCY these substitute any other conditions, except in the case of a previous written agreement between CIVITATIS and the AGENCY. To consult the Affiliate Programme General Conditions applicable to the use of the affiliate resources please see this link https://www.civitatis.com/en/affiliates/affiliate-programme-general-conditions/. Notwithstanding the above, the Affiliate Programme General Conditions will be applicable in all that is not regulated and that does not contradict these Agency Program General Conditions.
Accessing the Website does not require the Agency to be registered. However, in order to purchase services offered by CIVITATIS, or the resources provided such as text links, banners or widgets (hereinafter, the "Tools") the Agency must register and accept these terms and conditions before making the corresponding payment. Agencies will have full responsibility for the use of their accounts. Consequently, they will be responsible for the adequate safekeeping and confidentiality of the username and/or passwords that enable access to their account and to the affiliate resources of the Agency Platform provided by CIVITATIS, and agree not to grant its use to third parties, either temporarily or permanently, nor to allow access by third parties.
In their Control Panel within the Agency Platform, the Agencies will be able to consult the status, details and specifications of the bookings made in real time, as well as detailed and related information on aspects such as invoicing and commissions.With the Control Panel, the Agencies will be able to access, manage and modify the booking, download activity vouchers and request service invoices for bookings made via the Agency Platform. For bookings generated through the affiliate resources, the referred client will be the only one who will have the power to access, manage and modify the booking.
To be able to reserve services via the Website, the AGENCY will have to register as such, using the form created for this purpose. Having completed this step, the AGENCY will receive an email from CIVITATIS informing them of the acceptance or rejection of this petition, without the need to justify the decision taken. Once CIVITATIS has accepted the AGENCY request, the AGENCY account will be activated and from this moment onwards will be able to make reservations via the Website, as well as via the membership resources available for the reservation of CIVITATIS Services directly by its Clients. Participation in the AGENCY programme is totally free and incurs no permanence costs.
In the case of a group of Agencies, it must be the group which sends all the information regarding the Agencies directly to CIVITATIS to transmit the registration of said Agencies in the AGENCY programme.
By accepting these AGENCY Programme General Conditions, the AGENCY declares that they will provide correct, exact, current and complete data about their identity or that of the person in whose name they are reserving the activity. In this way, the AGENCY will be responsible for the accuracy of the data given to CIVITATIS and of any consequences which could arise from errors in this information.
The AGENCY and its representatives bear full responsibility for the use of their account, of the affiliate resources and tools of the Agency Platform, of the management and/or modifications of the reservations made via the Agency Platform and in particular, of the use and safekeeping of the Clients' payment methods. Therefore they will also be responsible for the care and confidentiality of their AGENCY name and/or passwords which permit access to their account, and state that they will not provide use to third parties, whether temporary or permanent, nor provide access to said third parties. Should the AGENCY not use their AGENCY account and/or the affiliate resources available on the Agency Platform for online sales to your Customers when making their reservation, CIVITATIS will not be responsible for the application of the AGENCY commission on this reservation.
In accordance with the aforementioned, The AGENCY must immediately notify CIVITATIS by email to email@example.com any unusual activity regarding their AGENCY name and/or password, arising from circumstances such as theft, loss, or unauthorised use, so CIVITATIS can proceed to cancel or block as soon as the undue use of your AGENCY Account is known. If you fail to communicate the above, CIVITATIS will be exempt from any responsibility for the consequences of undue use of the AGENCYname or password by unauthorised third parties. 2.- OBJECTIVE OF THE WEBSITE
CIVITATIS has developed the present Website to offer the AGENCY a service where they can reserve activities, excursions and guided tours in different countries throughout the world.
CIVITATIS also offers a pick up and transfer service which allows the AGENCY to contract a private vehicle which collects and moves one or more of their clients from one point to another, within the cities where CIVITATIS offers this service.
CIVITATIS informs you that the activities, excursions and guided tours, as well as the transfers, are services provided by third parties, who collaborate with CIVITATIS (hereafter the Provider/s). Therefore CIVITATIS IS LIMITED EXCLUSIVELY TO THE RESERVATION OF ACTIVITIES, EXCURSIONS, GUIDED TOURS AND TRANSFERS, THROUGHOUT THE WORLD, WHICH ARE THEMSELVES UNDERTAKEN DIRECTLY BY THE PROVIDERS.
In addition, via the Website, CIVITATIS offers Agencies free travel guides to different destinations, ( such as https://www.londoncitybreak.com/, https://www.introducingprague.com/, etc.) which include information about CIVITATIS’ Services, photographs, information on transport, the most important tourist sites, an interactive map and different recommendations and advice related to the destination. The access and consultation of said travel guides can only be done online, and their transformation, commercialisation and/or sale is prohibited, as well as their distribution outside of the channels mentioned in these General Conditions, with the AGENCY being responsible for misuse and unauthorised use.
In general, the purchase of the services offered by CIVITATIS via the Agency Platform will take place between the AGENCY and CIVITATIS, although with certain providers CIVITATIS will be limited to offering its Website as an online platform through which providers offer their services to be purchased directly by Agencies. The activity voucher will indicate the option purchased.
In this latter case, the AGENCY, when finalising the reservation, establishes a contractual relationship with the provider with whom they have reserved the activity or transfer. CIVITATIS will act as an intermediary between the AGENCY and provider, limited to transmit the relevant reservation details to the provider and sending the AGENCY an email confirmation of the reservation in place of the provider. In these cases, as is established in section 7 of this agreement, CIVITATIS will send an auto-invoice in the name of the AGENCY regarding the commission on the reservations made.
The purchase of services through the affiliate resources will be carried out directly by the Clients through the CIVITATIS' website by redirecting the Client using the personalized text link, banner or widget for online sale implemented by or provided to the Agency.
In all these cases the auto-invoice conditions established in section 6 of these General Conditions apply.
The information displayed by CIVITATIS through the Website is, in any case based on the information provided by the local providers. 3.- LEGAL COMPLIANCE
Both CIVITATIS and the Agency must comply with all the requirements included in the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights and the Spanish Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, with regard to Package Travel and related travel services under the conditions of Organiser, Retailers and/or business owners.
For clarification, they must comply with all national and European Union regulations applicable to Combined Travel, Travel Services and Consumer and User Rights. 4.- SPECIFIC CONDITIONS REGARDING THE RESERVATION OF ACTIVITIES, EXCURSIONS AND GUIDED TOURS
The reservations made by each AGENCY via the Platform and/or their clients referred through the website's affiliate resources are subject to the specific conditions which apply to each activity, excursion or guided tour. The AGENCY and/or their referred clients can find these conditions in the description of the activity on the Website, and in the confirmation email sent by CIVITATIS after the reservation is made.
4.1 General Conditions Applicable to all Services.
In general, the reservation of activities, excursions and guided tours that CIVITATIS promotes through its Website are subject to the following conditions:
The dates and schedules of the activities, excursions and guided tours published on the Website have been pre-established by the providers and cannot be modified. The only way the date and time of an activity could be modified would be when the AGENCY has contracted a private service, in which case this modification would need to be transmitted via the contact form on the Website, available in the “Contact” section of the Agency Control Panel.
The Agency will be able to generate the bookings through the Agency Platform and receive commissions from the bookings made by referred customers through the provided affiliate resources such as text links for online sales, banners or widgets.
Through the Agency Platform they will be able to carry out the complete booking process of Services for their Clients by means of (i) Net Payment of the services or (ii) RRP payment of the services. The agency will be responsible for the selected payment and the management of the payment through the platform either with their own payment method or payment from their client, such as a credit card or debit card.
The Agency may generate the reservations through (i) Net payment of the services or (ii) RRP payment of the services. The commission and invoicing conditions according to the payment type chosen will be determined in section 5 of the Economic Conditions.
Via the "Links and resources" section, the Agencies may include links on their web site or share their Affiliate Link through the use of banners and/or widgets to the CIVITATIS web site so that the Client can directly and autonomously book CIVITATIS’ Services.
The Agency can manage their booking data through the Agency Control Panel in the "Reservations" section, for bookings that the Agencies make directly through the Platform provided that the conditions of the activity, tour and/or guided visit allow it. Bookings management will not apply to bookings made by Clients through the affiliate resources such as a personalised link, banners or widgets provided to the Agency.
The minimum notice period to book an activity varies depending on the activity, excursion and/or guided tour that the AGENCY would like to reserve. This can be seen in the details of the activity on the Website. It is not possible to reserve an activity with less notice than that which has been indicated in the corresponding activity.
4.2 Specific conditions relating to the information of the activity, excursion and/or guided tour reserved.
The Agency may include the Client's contact details in the reservation so that the full activity details and confirmation email from CIVITATIS can be sent to the Client.
The meeting point, date, time, duration and all necessary information for the activity, excursion and/or guided tour reserved can be found in the description of each service, both on the Website and in the confirmation email that CIVITATIS sends to the AGENCY once the reservation is made.
In the confirmation email as well as giving you all the information regarding the reserved service, CIVITATIS may provide the AGENCY with a reservation voucher for the activity, activity, excursion and/or guided tour or CIVITATIS will inform the AGENCY about the arrival of an email from the provider with the justification being that the AGENCY should present this to the provider before the activity begins, or once it’s finished, depending on the specific conditions established by the provider.
When reservations and sales of services are made through affiliate resources provided by CIVITATIS, such as text links or any other resource belonging to the CIVITATIS platform, the Client will be informed of this in the confirmation email that CIVITATIS will send to the Client once the reservation is finalised. CIVITATIS will also provide the Client with a confirmation or voucher of their booking, informing the Agency for information purposes only, with the Agency having no power over the information and / or reservation.
Agencies and their clients must be punctual and be at the meeting point at the time and on the day indicated in their voucher, as all activities, excursions and/or guided tours have a specific departure time, and it’s impossible to modify the start time.
Duration of the activities, excursions and/or guided tours published on the Website are for reference and could be subject to slight variations depending on the functioning of the service on the day or a factor external to the provider and/or CIVITATIS such as inclement weather, traffic, demonstrations etc.
If, once the AGENCY is in the destination and has questions relating to the service reserved, and in particular with the meet point of the activity, excursion or visit the Agencies can contact the provider on the telephone that appears in the voucher CIVITATIS sends when confirming the reservation.
CIVITATIS informs the Agencies that the provider may request that the Clients show their voucher before the tour begins. CIVITATIS does not accept any responsibility should the AGENCY not do so.
CIVITATIS informs you that the provider may request that you show your voucher before the tour begins. CIVITATIS does not accept any responsibility should the AGENCY not do so. 5.- CONDITIONS SPECIFIC TO THE RESERVATION OF TRANSFERS
Each transfer offered by CIVITATIS on the Website is subject to certain conditions which the AGENCY and its Clients can consult in the description of the transfer in question (found on the Website), or in the confirmation email that CIVITATIS sent when the reservation was made.
Notwithstanding this AGENCIES should take into account the following points:
There are no supplements for luggage. The prices on the CIVITATIS Website are final and there is no additional cost (as long as the luggage fits in the reserved vehicle). The price indicated on the Website is per contracted vehicle and includes tolls and tips for the driver. Should luggage exceed the capacity of the reserved vehicle, the AGENCY Client bears responsibility for any extra charge.
Private service: the transfer service offered by CIVITATIS is private, so the vehicle may only be used by the AGENCY Clients who have purchased this service.In certain destinations, CIVITATIS may offer the option of choosing shared transfers with other Clients at more competitive rates.
Vehicle seats: the number of seats indicated on the Website is the maximum number of passengers who can travel in the vehicle not including the driver. The Agencies should take into account that a child occupies just as much space as an adult.
Pick up time: with transfers from the airport, the AGENCY should indicate the flight number and scheduled arrival time of their client’s flight. With other transfers the AGENCY must only indicate the time at which their client would like to be picked up. It is the Client's responsibility to provide this information if the Client booked the services directly through the Affiliate Link or other resources belonging to the Agency Platform.
Modification of the reserved transfer: The AGENCY can modify the transfer if the conditions of the service permit it and if the modifications are carried out by the Agency. The AGENCY can modify the transfer using the Agency Platform.
Contact with the driver: In the confirmation email, CIVITATIS will include the name, a contact form and an emergency contact number of the provider (or driver) in case the AGENCY or its clients can’t find the driver or encounters some problem.
Stops on the journey: If the AGENCY establishes that there will be a stop during the journey (for example if their clients are staying at different hotels), these stops will imply an additional cost, depending on the city.
Location of the destination: if the address of the destination is outside the centre of the city, this will imply an additional cost.
Modifications of the agreed route: If the AGENCY would like to modify the agreed route, this may imply additional costs which will be the responsibility of the AGENCY and their clients.
The 10% Agency Fee discount will not be applied in cases where there are supplements.
If a supplement must be paid for private transfer services, this must be accepted or declined by the Client or the Agency. If no reply is received, the booking will be automatically cancelled and the amount will be refunded immediately to the Agency. CIVITATIS will issue the appropriate amending documentation, in any case.
6.- ECONOMIC CONDITIONS WITH AGENCIES
The booking of CIVITATIS’ services will be formalised once the AGENCY has completed and accepted the activity or transfer reservation form and this has been confirmed, with the reservation and payment processes having been completed correctly.
6.1 Agency Commission.
CIVITATIS will apply a 10% commission on the final sale price, except in the case of free tours, which will be 1€ for each Client who books and attends the free tour activity.  In both commissions the VAT will always be included.
6.2 Payment Method for Bookings.
Prices will be those indicated by CIVITATIS in the moment the reservation of the activity or transfer is made by the AGENCY. Payment can be made in Euros, US Dollars, Sterling or local currency when applicable. The payment methods available depend on the currency chosen for payment, not on the country of the Agency or the Client.
All services are immediately confirmed and paid for at the time of booking using:
Credit or debit card (Visa, MasterCard and other cards available depending on the currency selected)
Digital payment methods (PayPal, Google Pay, Apple Pay or any other platform provided depending on the currency selected)
Deferred payment for the Services is permitted in certain countries subject to availability. (E.g. Pagantis [only for Spain]).
The Agencies may also make the reservations by using their "Wallet". This is a digital wallet which can be topped up by the Agency by means of bank transfer, credit or debit card, PayPal or CIVITATIS wallet top up codes. The use of the wallet credit is limited to bookings with Net Payment and provided that the price of the booking can be covered by the total credit of the wallet.
6.3 Booking Generation by Agencies and Commission.
6.3.1 Payment Method for Bookings.
The 10% commission on the final sale price (VAT included) will be discounted when making payment for the reservation. The final price with the commission applied will only be shown to the AGENCY in the last step when making the reservation and in all the documentation for the AGENCY client the final sale price without AGENCY commission discounted is shown (this condition will not be modifiable). The objective is that the AGENCY can show their clients the final sale prices.
The 10% commission on the final sale price (VAT included) will be automatically accrued on the 15th of the month following the completion of the reserved service. For the 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. This commission will be paid to the Agency's Wallet.
6.3.2 Bookings made through Affiliate Links for the Agency.
The Agency will also have the affiliate resources on the Agency Platform in the "Links and resources" section to include on their Website such as an Affiliate Link, banners and widgets, which they can use for promotion, commercial communications and to redirect Clients to CIVITATIS’s Website so they can book the services.
The conditions of use and operation of the affiliate resources within your Agency Platform can be found in the "Links and resources" section and included in the Affiliate Programme General Conditions.
The bookings made through the affiliate resources belonging to the Affiliate Platform will generate a commission of 10% on the final price (VAT included), automatically accruing on the 15th of the month following the completion of the service. In order to accrue this commission, confirmation of the reservation by the provider is required for the chosen date, as well as its effective and correct provision. These commissions will be paid to the Agency's "Wallet".
6.3.3 Booking Free Tours.
For each person attending a Free Tour Activity, the Agency will receive a commission of 1 Euro (VAT included), which will be automatically accrued on the 15th of the month following the completion of the Service. For this commission to be paid, the supplier must confirm the reservation for the chosen date and provide the service effectively and correctly. These commissions will be paid to the Agency's "Wallet".
6.3.4 Commission Paid to the Wallet.
With the exception of the reservations paid under Net Price conditions, the rest of the commission for the reservation of Services will be accrued on the 15th of the month following the provision of the Service, and will be paid to the Agency's Wallet. Both the 10% commission of the final price of a service and the commission of 1 Euro per attendee of the Free Tours will be paid. All these commissions will include VAT.
The commission in the Wallet will be the same as the total amount detailed on the auto-invoice generated. Each commission per Service is independent, appearing as independent financial movements in the Agency's Wallet. These movements can be consulted in the Agency Control Panel in the "Pending Commissions" section.
On the 15th day of the month following the provision of the Service, the commission will be effectively accrued and will be automatically paid to the Agency's Wallet. The commission accrued and paid can be consulted in the Agency's Control Panel in the "Latest Movements" section, as long as the Service has been effectively confirmed and provided by the Client on the chosen date.
The Agency will be able to use the balance in its Wallet for future bookings.
In the event of total or partial cancellation of the reservations before the Services are carried out, the commission received by the Agency will be reflected in the commission movements as a positive movement (booking generation) and a negative movement (booking cancellation).If the total or partial cancellation of the Services takes place after the date of completion of the reserved Service and the Client has the right to a refund, once the amount is returned to the Client, the auto-invoice will be generated and the amount refunded will be discounted from the balance of the Agency's Wallet.
6.4 Booking Management by the Agency.
6.4.1 Booking Management using the Agency Platform.
Having made the reservation, Agencies will receive a confirmation email where the services booked are confirmed. If the customer's e-mail address is included, they will also receive confirmation of the reservation. However, they will not be able to manage the reservation and will have to contact the Agency so they can manage or modify the reservation using the Agency Control Panel.
Any modification or management of the Client's reservation will be the responsibility of the Agency, and will always be carried out on behalf of the Client. Using the Agency Control Panel the Agency will be able to carry out the following actions: (i) general modifications of the reservation, (ii) acceptance of supplement charges for transfers, and (iii) management of refunds in RRP payment.
Agencies can download documentation regarding the contraction of services by CIVITATIS via the Website. In some cases the necessary documentation to take this service will be sent via email to the AGENCY by the provider. If the reservation is cancelled, the conditions in section 7 of these conditions apply, and CIVITATIS will send the relevant rectifying documents to the AGENCY.
6.4.2 Management of Bookings made via the Affiliate Resources of the Affiliate Programme.
If the booking is made using the affiliate resources, the Agency will not be able to manage or modify the booking, they will only be informed of the sale. The Agency will be notified of the reservation via an informative email and will be able to see the sale in the Control Panel, but will not be able to access it via the Reservation Locator, download the Activity Voucher, nor manage or modify it.
6.5 Accounting Documents.
The Agency accepts that CIVITATIS will issue an auto-invoice for the Commission accrued by the Agency. The auto-invoice generated will be unique and definitive, replacing any other commercial or accounting document that the Agency may issue for this concept and within the scope of the reservation CIVITATIS’ Services.
CIVITATIS will automatically issue an auto-invoice for the Intermediation Commission for all services. For Agencies based in Spain (peninsula and Balearic Islands) the commission due will include the applicable VAT or similar tax, broken down within the total invoice. In the event of cancellation, a rectifying auto-invoice will be issued.
The Agency will have all the auto-invoices generated up to the current date in the Agency Panel in the "Invoices" section, for the Services purchased through CIVITATIS, so they can consult and download them in electronic format.
6.5.2 Requesting an Invoice
Agencies can download the documentation relating to the services booked through CIVITATIS’ website on the Agencies Panel.
The conditions of sales billing and cancellation will depend on the nature and service provided, whether the service is provided by CIVITATIS or a third party provider according to the following specifications:
When the Agency makes a purchase with CIVITATIS, an invoice will be issued to the Agency for the final amount of the service at the time of purchase (final sales price applying the 10% commission). In the event of cancellation of the services purchased by the Agency, the corresponding cancellation invoice will be issued to the Agency.
PRODUCTS FROM PROVIDERS IN NATIONAL TERRITORY (SPAIN)
For those services provided within the national territory, CIVITATIS will issue an invoice for the provision of services as an intermediary in the name and on behalf of the Provider, in accordance with the Additional Provision 4 of Royal Decree 1619/2012 of 30 November, which approves the regulations governing the obligations of invoicing.
PRODUCTS FROM INTERNATIONAL PROVIDERS
If the service has been purchased with the Provider and when the provision of the purchased services takes place outside national territory, CIVITATIS will issue a purchase receipt and the auto-invoice for commission. The Agency may request the Providers issue the invoice for the service within up to TEN (10) calendar working days after the Client has carried out and enjoyed the purchased services.
Each invoice will be associated with an auto-invoice issued by CIVITATIS which reflects the intermediation commission and which is accepted by the Agency. In the case of Agencies located in Spain (peninsula and Balearic Islands), this commission will include the VAT broken down within the total of the invoice.The Agency will always be responsible for correctly requesting the invoice in its name or in the name of the final Client, depending on the payment method with which the reservation has been made.
When the acquisition of activities or products from different types of providers (CIVITATIS Products, National Suppliers or International Suppliers) are made in the same reservation, the Agency will have to request an individual invoice for each provider, indicating the activity(s)/product(s), provider and invoicing method as applicable.
6.6 Responsibility for the veracity of the data and the use of payment methods in the Reservations.
The Agency is directly and indirectly responsible for the veracity of the data gathered from the Clients for the booking and the corresponding invoices. Likewise, the Agency will be directly and indirectly responsible for the use and employment of the payment methods and gateways for bookings made by the Clients, both in the RRP and NET methods and in the cases in which the Agency makes use of the Client’s payment method when booking via the Agency Platform.
CIVITATIS exonerates itself of any responsibility between the Agency and the final Client regarding bookings made by the Agency using its Client’s payment methods.
Any erroneous or fraudulent charges with the payment methods accepted and used for the purchase of Services must be notified to CIVITATIS via email at firstname.lastname@example.org as soon as possible so that CIVITATIS can take the appropriate action. 7.- CANCELLATION POLICY
Each of the services promoted by CIVITATIS on the Website (activities, excursions, tours and transfers) has a specific cancellation policy which the Agency and/or Client can consult in the description of the activity (on the Website) and also in the confirmation email CIVITATIS will send once the reservation is made.
Therefore, each service has specific cancellation conditions, establishing the cancellation period and any possible penalisation.
Definitively, CIVITATIS will confirm that cancellations conform to that stated in the cancellation policy for each activity, excursion, guided tour and/or transfer.
If the SUPPLIER does not have availability on the reserved date, CIVITATIS will offer the AGENCY an alternate date or schedule, which must be accepted or declined by the customer. If no reply about the alternative option is received within 72 hours, the booking will be cancelled and refunded immediately. In either case, CIVITATIS will send the relevant documentation.
In the case of refundable cancellations, the Agencies may request a refund of the amount to the original payment method or to their Wallet. It is the Agency's full responsibility to manage refunds to the Client.
The Agency exonerates CIVITATIS from responsibility in all that concerns the processing and management of refunds to the final Client for the cancellation of refundable services.
Agencies will make licit, honest and correct use of the information and content accessed via the Website, and all this comes under the principles of good faith, respecting legality and the present General Conditions. In particular, but not limited to, Agencies should not:
i. Register or communicate details which are not correct, exact, complete and/or current, nor access the Website using the name, details or password of another AGENCY, or supplant any other person or identity.
ii. Access or use the Website or the Entity’s systems or services in any way that CIVITATIS might judge to be illegal, fraudulent or related to any criminal activity.
iii. Introduce or transmit electronic viruses which could make unauthorised alterations in the content or integrated systems of the Website.
iv. Create a profile, or use the Website to use or reuse any illegal, offensive, abusive, indecent, defamatory, obscene or threatening material, or that constitutes an infringement of Intellectual Property rights, trademarks, confidentiality, privacy or any other right, or is otherwise offensive, reprehensible for third parties.
v. Download, send, or distribute in any other way content or applications which could fall foul of any active legislation or impinge on the rights of any third party.
vi. They must correctly use the tools provided such as the Affiliate Link, banners, widgets for online sales or any other technical/computer resource in accordance with the provisions of these General Conditions and the CIVITATIS Affiliate Programme General Conditions.
vii. The Agencies will be responsible at all times for the processing of their clients’ personal data with special attention to contact details, financial details and payment methods used by the Clients to book Services through the Agency's Platform.
CIVITATIS reserves the right to deny any access to the Website or cancel AGENCY accounts should they be related to incorrect use of the Website, in accordance with the terms established in this stipulation. 9.- OPINIONS, COMMENTS, COMMUNICATION AND OTHER CONTENT
Agencies that reserve activities, day trips, guided tours and/or transfers on the present Website can publish their reviews and opinions on the Website. Clients who reverve CIVITATIS Services via the affiliate link provided to the Agency may also publish their opinions and ratings on the Website.
To do this, CIVITATIS will send Agencies or client an email when the activity or transfer is over, so that they can review their experience and service provided by CIVITATIS.
When CIVITATIS receives an AGENCY review, it will be looked over and published as soon as possible on the present Website.
It is forbidden to upload intimidating, threatening, degrading or that promote violence against a particular group of people in any way. The Website cannot be used for advertising, promoting companies or businesses, brands or personal elements. CIVITATIS will only publish AGENCY reviews that correspond to the service reserved by the AGENCY.
In particular, CIVITATIS reserves the right to not publish reviews that include the following words and phrases:
i. Discriminatory remarks: In no case will CIVITATIS publish Users’ remarks that are offensive, unsuitable or derogatory to an individual and that violate the right to honour and to personal and family rights and self-image and the dignity of a person. All comments that are racist, sexist, discriminating of any nationality, opinion or disability or any other personal or social circumstance are also forbidden.
ii. Illegal activities: It is forbidden to upload content that promotes illegal activities or that include obscene or defamatory content.
iii. Violence: It is expressly forbidden for the reviews to include texts that promote violence and/or that include sexual violence or violence against animals and people.
iv. Degrading content: It is forbidden to upload reviews or opinions that are intimidating, threatening, degrading or any content that promotes violence against an individual or a determined collective.
v. Communications between CIVITATIS and Agencies should be made by email with an acknowledgement of receipt or via another means of communication.
vi. Communication to CIVITATIS must be sent to email@example.com
vii. Communication to the Agencies will take place using the email used to register. 10.- PRODUCT LIABILITY
Circumstances for which CIVITATIS is not responsible include, but are not limited to:
i. Agencies that cancel a service after the deadline date. CIVITATIS is not liable under any concept to repay the amount paid by the AGENCY when they have not complied with the cancellation period stipulated in the cancellation policy applied to each service.
ii. When Agencies and their Clients are late to get to the activity’s meeting point on the day of the activity (reserved guided tour, day trip and/or transfer). This means that CIVITATIS will not assume any responsibility if the AGENCY or Client is late for the activity or misses his or her transfer due to lateness and/or for not finding the correct meeting point.
iii. When the local suppliers do not allow Agencies or their clients to take part in the corresponding activity, day trip and/or guided tour because they do not provide the corresponding voucher, either printed or downloaded on their smartphone (according to what the Supplier asks for).
iv. When Agencies and their Clients are late to get to the activity’s meeting point on the day of the activity (reserved guided tour, day trip and/or transfer). This means that CIVITATIS will not assume any responsibility if the AGENCY or Client is late for the activity or misses his or her transfer due to lateness and/or for not finding the correct meeting point.
v. When Clients suffer an accident, an injury or any type of damage during the activity, day trip, guided tour and/or transfer service. Moreover, clients that suffer an accident or injury before the day of the activity and which impedes them to enjoy the service booked.
vi. When the transfer service does not arrive at the meeting point because the information provided by the AGENCY or their client is incorrect or mistaken concerning the time and address.
vii. When Agencies or their clients miss their flights, trains, buses or any other means of transportation, as a consequence of not having reserved the transfer service with enough time in advance as recommended by CIVITATIS. Agencies are responsible for knowing their departure time (flight/train/bus) and reserve the corresponding transfer service with sufficient time.
viii. For the weather conditions in which the local supplier carries out the activities, day trips and guided tours reserved by the AGENCY. Under no circumstance is CIVITATIS responsible for these circumstances, so the service is believed to be carried out correctly.
ix. For the quality of the service provided by the local supplier.
x. For situations where the activities, excursions or guided tours have been completed, taking in the major points of interest, but the duration has changed a little due to any factor outside the control of the provider and/or CIVITATIS. In this situation, the service will be taken to have been carried out correctly.
xi. For complaints and refunds regarding the service contracted by the AGENCY which come under the purview of the local provider, with not taking into account that CIVITATIS may collaborate with the AGENCY in order to attend to their refund.
xii.Del uso fraudulento por las Agencias o terceros de los métodos de pago de los Clientes en la realización de reservas a su nombre Of fraudulent use of Client payment methods when Agencies or third parties make reservations in their name.
Furthermore, and in the case of the AGENCY or their client contracting services directly with the Provider, CIVITATIS will not be responsible for:
xiii. The completion of any obligation, be it financial, or otherwise as a consequence of the service provided by the Provider. CIVITATIS is not responsible for any kind of financial obligation in relation to the services provided.
Likewise, in no event shall CIVITATIS be liable or made responsible or provides any guarantee for any type of damage caused by the access or usage of the Contents or the Website. CIVITATIS is not liable of the following circumstances:
xiv. If the Website and / or its services or Contents are unavailable, under maintenance or are incorrectly used, excluding, to the maximum extent permitted by current legislation, any liability for damages that may be related to the lack of availability or continuity of the Website and its Content enabled.
xv. Technical errors due to third parties or force majeure which causes the Website to function incorrectly.
xvi. By reasons of force majeure, for example, failure, suspension or interruption of services or use of the Website, as a result of an Internet blockage, third parties’ actions or omissions, or any other independent causes or circumstances that prevent the normal use of the Website.
CIVITATIS and the Agencies shall be jointly liable against users for the correct provision of purchased travel services, irrespective of whether these services must be provided by them or by other providers, when expressly set out in the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights and/or Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. 11.- DURATION AND ANULLATION OF THE GENERAL AGENCY CONDITIONS
The General AGENCY Conditions are valid for one (1) year, which is tacitly extended when neither of the parties provides written notification of its cancellation with 60 days notice before the end of the commercial relationship.
Notwithstanding the aforementioned, CITIVTATIS retains the right to terminate this agreement at any time and without previous notice to the AGENCY, assuming that one or more of the obligations outlined here.
Should the agreement be rescinded by either one of the parties, the AGENCY will be responsible for each and every one of the operations realised until the recantation. Equally, the AGENCY will immediately return any confidential information to which it has had access as a result of the present General Conditions and will indefinitely abstain from divulging or publishing said information.
The current agreement could be withdrawn at any time in the following circumstances: (i) by mutual accord; (ii) by CIVITATIS should more than six (6) months go by without the AGENCY generating any further sales; (iii) in the case of bad faith in the management and/or payment of the reservations made or incorrect information regarding the CIVITATIS product or the AGENCY clients and (iv) in the case of manipulation of bookings via the Agencies Platform or affiliate resources. 12.- PROTECTION OF PERSONAL DATA
To adhere to the CIVITATIS AGENCY programme, the AGENCY must facilitate all data and information relative to the AGENCY or its personnel which are requited by CIVITATIS in the corresponding registration forms (henceforth “AGENCY data”)
12.1 Which company is responsible for the storage of AGENCY data?
The company responsible for the treatment of the AGENCY data is Civitatis Tours S.L., with address at Calle Coloreros 2, 28013, Madrid, and tax number B-86899440.
12.2 Why CIVITATIS is allowed to carry out data storage?
CIVITATIS is allowed to carry out data storage to enable it to offer those services it does on its Website.
The communication of personal data by the AGENCY to CIVITATIS is a prerequisite for the supply of services offered on the Website, and this conforms to the precedent established in article 6.1 b) of the EU regulation ) 2016/679 of the European Parliament and the Council, 27th April 2016, relative to the protection of natural persons with respect to the treatment of personal data and the free circulation of this data (hereafter “RGPD”). The omission of this information renders impossible the provision of services by CIVITATIS.
12.3 What are the end uses of the storage of AGENCY data?
The data received through any of the data capture forms on the Website will be incorporated into a personal database for which CIVITATIS is responsible. All fields in the form will be obligatory (except for those in which the contrary is indicated), meaning the omission of any renders its completion impossible.
The data sought by CIVITATIS is saved always and whenever its removal is not solicited by the AGENCY.
In line with the principle of limitation of RGPD the AGENCY is hereby informed that its data will only be saved with the end goals being those explained in the previous paragraphs and will not be treated in a way incompatible with said end goals.
Data can be used for the following reasons:
To offer the services provided on the Website.
To resolve any kind of question or incident related to the services offered and responding to and consultations or suggestions in an agile, trustworthy and quick manner.
To send Newsletters and commercial communications relating to the services offered by CIVITATIS.
Specifically, personal data will be used to send Newsletters and commercial/promotional communications related to the services which CIVITATIS offers, by letter, telephone, email, SMS/MMS or other equivalent means of electronic communication (Twitter, WhatsApp etc) and this being protected by the applicable rules regarding privacy and commercial communication.
12.4 Rights in relation to the AGENCY details.
The AGENCY is hereby informed that users can, at any moment, reject the use of their data to for publicity and commercial purposes and that they can request more information regarding the use of their data by sending an email to firstname.lastname@example.org or using the specific means recognised in the commercial communications themselves.
The AGENCY is hereby informed that users have the right to (i) access their personal data, and (ii) ask to change inexact or incomplete data, or indeed (iii) request their removal, (iv) request the limitation of the use of their data, (v) oppose the use of their data, (vi) exercise their right to deletion and (vii) request their portability.
The AGENCY is also hereby informed that users can, at any time, exercise their rights by emailing email@example.com or by physical mail sent to the address provided in section 1 of these General Conditions. To exercise said rights it will be necessary for them to attach a copy of their National Identity Document of the person representing the AGENCY or any other valid legal means.
Without detriment to any other administrative resource or judicial action, the AGENCY is hereby informed that users have the right to present a claim before the Spanish Data Protection AGENCY should they feel that the use of their personal data does not conform with the above, as they may should they not be satisfied in the execution of their rights.
CIVITATIS’ security measures regards the protection of data conforms with applicable regulations and contains all the technical means possible to avoid the loss, misuse, alteration, unauthorised access and theft of the data the AGENCY provides to CIVITATIS, whilst taking into account that internet security measures are not impregnable.
CIVITATIS promises to fulfil their obligations regards secrecy and confidentiality with respect to the data found in the automatic form, in accordance with the applicable legislation. 13.- INTELLECTUAL PROPERTY
13.1 Intellectual and Industrial property regarding the CIVITATIS Website.
Any and all intellectual property rights associated with the Website, the Agencies Platform and their content are the sole property of CIVITATIS or third party Websites. All designs, texts, custom graphics, logos, icons, buttons, software, names, brands, industrial drawings and other items that appear on the Website are property of CIVITATIS and other entities that have granted CIVITATIS the right and license to use such Marks and may not be used or interfered with without the written consent of CIVITATIS or the third-party entities.
None of the Website’s Content and/or information may be modified, reproduced, republished, translated into any other language, distributed or re-transmitted in any form or by any means without prior written consent of CIVITATIS in compliance with the Royal Legislative Decree 1/1996, 12 April, which approves the Consolidated Text of the Intellectual Property Law, as well as Law 17/2001, 7 December, of Trademarks and the complementary legislation in matter of Intellectual and Industrial property.
CIVITATIS does not give the User any license or authorization of any kind on its intellectual and industrial Property Rights or any other kind of rights related to the Website, services and Contents. In no case will the access and navigation of the Users imply a renounce, transmission, license or total or partial cession of these rights on behalf of CIVITATIS.
Any use of these contents not previously authorized by CIVITATIS will be considered a serious infringement of the intellectual or industrial property rights and will give rise to liabilities legally established by the agency.
13.2 Intellectual property concerning the affiliation resources within the CIVITATIS agencies platform
CIVITATIS owns, or possesses the license to use all the Intellectual Property Rights and other rights related to the CIVITATIS Affiliates Platform. In accordance with the present contract, the Agency does not possess any rights or licences except for the licence to install and/or integrate the tools, links, banners, widgets or any other resource offered by CIVITATIS on the linked web pages.
13.3 Intellectual property concerning user reviews published on the website.
As CIVITATIS allows Users to publish their reviews on the present Website, the Users must give CIVITATIS a universal license, without restrictions and free to use, distribute, public communication, adaptation and duplicate these reviews. Via this license, CIVITATIS can transform, adapt and to sum up, use the Users’ reviews for publicity and promotion of CIVITATIS’ Website and social media. 14.- CONFIDENTIALITY AND FORFEITURE OF RIGHTS
For the purposes of these General Conditions, “Confidential Information” is understood to be all information of any nature (whether expressed orally, in writing, or in any other way) in relation to or provided by each of the Parties in connection with the provision of The services. In accordance with these General Conditions it may only be used by the Parties for this purpose, including technologies, technologies developed or marketed to this end, manuals, software (source code and object code), databases (either original and / o "sui generis"), business plans, marketing plans, know-how, resources and technological and computer tools such as, but not limited to, Affiliate Links, banners and widgets, list of clients or suppliers, financial information, pricing policy, advertising campaigns, trademarks, any piece of information marked as "confidential", trade secrets, or, in general, any other document, data or piece of information that can be reasonably classified as confidential. Neither Party shall disclose to any third party either directly or through other third parties without the prior written consent of the other, any information that it receives from the other party in relation to these General Conditions with Agencies.
This limitation applies indefinitely, remaining in force after the end, for any reason, of the commercial relationship between the Agency and CIVITATIS, from moment of communication of the information, regardless of the duration of these General Conditions.
Both Parties agree that any confidential information received from the other party should be used for the sole purpose of providing or receiving services under these General Conditions. The above restrictions will not apply to any information:
i: which is or becomes generally accessible to the public, for a reason other than the breach of an obligation derived from this provision; or
ii: is obtained from a third party who is not obliged to maintain confidentiality in relation to the information; or
iii: which was known previously to the other Party; or
iv: whose disclosure by the recipient is required by law.
Likewise, the disclosure of confidential information that is in compliance with an order of a judicial or administrative nature is not subject to the obligation to confidentiality herein provided, and provided that the party that had received the corresponding order informs the other party in writing about of the obligation to proceed with said disclosure.
Following the expiration of this Agreement, both Parties must return the confidential information received or certify that it has been destroyed.
The obligation to confidentiality established in this Clause will remain in force for both Parties on a permanent basis.
The Agency cannot renounce its position in the General Conditions with Agencies without obtaining the prior written authorization of CIVITATIS.
CIVITATIS reserves the right to renounce its position, as well as the rights or obligations derived from it in its favor or at its expense. CIVITATIS will notify the Agency of this renouncement with a minimum period of thirty (30) calendar days. 15.- MODIFICATIONS
The Agency 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 changes as necessary in these General Conditions of Use. If any modifications are made, Users will be previously informed, indicating the modifications and how they affect these General Conditions. The modifications of these General Conditions will be understood as valid from their publication on the Website.
Any modifications will be applied immediately, if this is imperative due to the nature of the commercial relationship between the Agency and CIVITATIS and / or the nature of the Services affected. 16.- SAFEGUARD CLAUSE
All the clauses or provision in these General Conditions of Use must be interpreted independently and autonomously. The rest of clauses may not be affected if one of them is declared void by judicial judgment or firm arbitration. The clause or clauses that have been affected will be replaced by other provisions that preserve these General Conditions of Use. 17.- JURISDICTION AND APPLICABLE LEGISLATION
The present General AGENCY Conditions are governed by Spanish legislation. For the solution of any discrepancy, question or claim derived directly or indirectly from the interpretation or execution of these General Conditions, CIVITATIS and the Agencies expressly submit to the competence of the judges and tribunals of the City of Madrid.