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TRAVEL AGENCY PROGRAM GENERAL CONDITIONS

Introductory provisions

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 has created a platform for travel agencies (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.

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: agencias@civitatis.com
1.- GENERAL CONDITIONS REGARDING AGENCIES AND ACCESS TO THE WEBSITE

By accessing, using, or viewing the material, 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 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.

These are the only AGENCY Program General Conditions applicable to the 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.
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, which include 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 commercialisation is prohibited, with the AGENCY accepting this use and being responsible for misuse and unauthorised use.

In general, the contraction of the services offered by CIVITATIS 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 contracted directly by Agencies.

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 6 of this agreement, CIVITATIS will send an auto-invoice in the name of the AGENCY regarding the commission on the reservations made.

The information displayed by CIVITATIS through the Website is, in any case based on the information provided by the local providers.
3.- RESERVATION WITH CIVITATIS AND REGISTRATION ON THE WEBSITE

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 visa the Website. 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. 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 when making their reservation, CIVITATIS will not be responsible for the application of the AGENCY commission on this reservation.

In accordance with the former, The AGENCY must immediately notify CIVITATIS by email to agencias@civitatis.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.
4.- SPECIFIC CONDITIONS REGARDING THE RESERVATION OF ACTIVITIES, EXCURSIONS AND GUIDED TOURS

The reservations made by each AGENCY via the Website are subject to the specific conditions which apply to each activity, excursion or guided tour. The AGENCY 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 at www.civitatis.com/en/contact/. In any case, the response of CIVITATIS will depend on the conditions of each provider.
  • Agencies can modify the details of their reservation if the conditions of the activity, excursion, and/or guided tour permit this. To be able to make this modification the AGENCY should log in using the link sent in the confirmation email, or directly from the pan available in the AGENCY Account under the section marked “Reservations”.
  • 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. CIVITATIS informs you that it is impossible to reserve an activity with less notice than that which has been indicated in the corresponding activity.
To reserve an activity, excursion or guided tour privately, please contact CIVITATIS through the contact form available at www.civitatis.com/en/contact/.

4.2 Specific conditions relating to the information of the activity, excursion and/or guided tour reserved.
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.

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 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.

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 RESERVATON OF TRANSFERS

Each transfer offered by CIVITATIS on the Website is subject to certain conditions which the AGENCY 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 contracted this service.
  • 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. 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.
  • Modification of the reserved transfer: The AGENCY can modify the transfer if the conditions of the service permit it. The AGENCY can modify the transfer using a link which CIVITATIS will include in the confirmation emails, or directly from their AGENCY account.
  • Contact with the driver: In the confirmation email, CIVITATIS will detail the name, email and emergency contact 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.
6.- ECONOMIC CONDITIONS WITH AGENCIES

The contracting conditions of CIVITATIS’ reserved services will be formalized 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.

CIVITATIS will apply a 10% commission on the final sale price, except in the case of free tours, upon which commission and discounts will not apply, given that this is a free service. Special quotes or private services which are not found on the Website will not include AGENCY commission.

Prices will be those indicated by CIVITATIS in the moment the reservation of the activity or transfer is made by the AGENCY. All services are immediately confirmed, and are also paid for immediately using either a credit or debit card (Visa or Mastercard), or via PayPal.

The 10% discount on the final sale price 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.

Having made the reservation, Agencies will receive a confirmation email where the contracted services are confirmed.

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.

When Agencies book services with CIVITATIS, an invoice for the total price of the service will be sent. Each invoice comes associated with an auto-invoice sent by CIVITATIS which reflects the commission and whose creation is accepted by the AGENCY. Should the AGENCY be located in Spain (Peninsula and Baleares) this commission will include the IVA itemised within the total.

If the service contracted takes place outside Spain, CIVITATIS will send a purchase receipt and Agencies will be able to request an invoice from the provider.

If the service contracted takes place within Spain, CIVITATIS will send an invoice for the supply of services as intermediaries in the provider’s place, in accordance with the Disposición Adicional 4ª del Real Decreto 1619/2012, of the 30th November, which is the regulation under which invoicing obligations falls.

With all services contracted, Agencies accept that CIVITATIS will generate an auto-invoice regarding the commission applicable to the AGENCY. This auto-invoice will be unique and definitive, substituting any document that the AGENCY may generate regarding commission. Should the AGENCY be located in Spain (Peninsula and Baleares) this commission will include the IVA itemised within the total.

Agencies shall notify CIVITATIS of any undue or fraudulent charges on the card that was used for the purchase by writing to agencias@civitatis.com as soon as possible for CIVITATIS to be able to make the necessary adjustments.
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 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 ACCORDANCE WITH THE ABOVE, AND BY ACCEPTING THESE GENERAL TERMS OF USE, AGENCIES DECLARE TO HAVE EXPRESSLY READ AND ACCEPTED THE PRESENT CANCELLATION POLICY AND HEREBY AGREE TO THE CANCELLATION POLICIES OF EACH ACTIVITY, DAY TRIP, GUIDED TOUR AND / OR TRANSFER THAT ARE RESERVED ON THE PRESENT WEBSITE.
8.- BEHAVIOR ON THE WEBSITE

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.

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 clause.
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.

To do this, CIVITATIS will send Agencies 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.

Communications between CIVITATIS and Agencies should be made by email with an acknowledgement of receipt or via another means of communication.

i. Communication to CIVITATIS must be sent to agencias@civitatis.com

ii. 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.

Furthermore, and in the case of the AGENCY or their client contracting services directly with the Provider, CIVITATIS will not be responsible for:

xii. 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:

xiii. 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.

xiv. Technical errors due to third parties or force majeure which causes the Website to function incorrectly.

xv. 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.

xvi. Any illicit, negligent and fraudulent usage of the Website which are contrary to these Terms of Use. Or in good faith, of the Website and its Contents, on behalf of the AGENCY.

CIVITATIS reserves the right to take legal action considered opportune and that by law correspond the company against Users who violate the dispositions outlined above, and in general, for failure to fulfil these General Terms of Use.
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 agreement.

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 this agreement 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 when managing the reservations made or incorrect information regarding the CIVITATIS product or the AGENCY clients.
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.
That is to say, that the 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 civitatis@civitatis.com 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 civitatis@civitatis.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.

12.5 Security.
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 and its contents 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 legally established liabilities.

13.2 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 FOREFITURE OF RIGHTS

Both parties will maintain absolute confidentiality without divulging to any third party information which could be considered confidential, nor all, or any part of concepts, strategies, documents, specifications, training programmes, analysis, commercial secrets, know how, work methods, economic conditions, or in general any material provided either by the AGENCY or CIVITATIS, be it related or not with the object of these General AGENCY Conditions.

All of the documentation provided by the two parties during the development of the General AGENCY Conditions, including these, is confidential and except for through written permission cannot be divulged or shown to third parties.

Both parties promise to respect the obligations which derive from the current section throughout the validity period of the General AGENCY Conditions, including the twelve (12) months following its termination or resolution.

The AGENCY may not cede its position in the General AGENCY Conditions without having obtained previous written permission by CIVITATIS. Nevertheless, CIVITATIS can cede partial or total rights and obligations by virtue of the General AGENCY Conditions, communicating this to the AGENCY in writing.
15.- MODIFICATIONS

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. These modifications will be valid from the moment they are published on the Website.
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. CIVITATIS and the Agencies expressly submit to the competence of the judges and tribunals of the City of Madrid.