CIVITATIS, owner of the Web Site www.civitatis.com (hereinafter, the "Website"), is a company dedicated to managing the reservation and sale of activities, excursions, guided tours and other tourist activities in different parts of the world for those users who are interested in contracting these services. Also, CIVITATIS offers a transfer booking service that allows its users to move from one point to another within the destination city in which the user is located.
CIVITATIS makes the Accommodations platform (https://www.civitatis.com/es/alojamientos/) available to the accommodations, through which a physical or legal person (hereinafter, the "Accommodation") may book tourist activities, excursions, guided tours and transfers on behalf of its customers enjoying a commission on the final sale price. Likewise, CIVITATIS makes available to the Accommodations the resources of affiliation (following the ("General Affiliate Conditions")) through text links, banners or widgets (hereinafter, the "Tools") provided by CIVITATIS so that they can be implemented on their web pages or used in their online communications for the reservation of the CIVITATIS Services directly by their Clients.
CIVITATIS information is as follows:
Owner: CIVITATIS TOURS, S.L.
N.I.F. Number: B-86899440
Address: Calle Coloreros 2, 28013, Madrid
Contact email: firstname.lastname@example.org
By accessing, viewing or using the materials, resources, tools, contents or services accessible through the Website, the Accommodation declares that it understands and accepts these General Conditions with Accommodations, which define the rights and obligations of CIVITATIS and the Accommodation for the contracting of the services of tourist activities, excursions, guided tours and transfers.
These are the only General Conditions with Accommodations applicable to the use of the platform (notwithstanding that for certain services there may be specific conditions) and to the contracting of services for the Accommodation, which supersede any other conditions, unless previously agreed in writing between CIVITATIS and the Accommodation. To consult the General Conditions with Affiliates applicable to the use of affiliate resources, please go to this link. Notwithstanding the above, the General Terms and Conditions with Affiliates shall apply in all matters not regulated by and not contradicting these General Terms and Conditions of Accommodation.
In order to contract the services offered by CIVITATIS or the resources provided such as text links, banners or widgets (hereinafter, the "Tools"), the registration of the Accommodation and the acceptance of these conditions will be required before formalizing the corresponding payment.
The Accommodation shall have full responsibility for the use of its account. Consequently, it will be responsible for the proper custody and confidentiality of the user name and/or passwords that allow access to its account and the affiliate resources of the Accommodations Platform provided by CIVITATIS, and agrees not to transfer its use or access to third parties, either temporarily or permanently.
In its Control Panel within the Accommodation Platform, the Accommodation will be able to consult, among others, the status, details and specifications of the reservations made in real time, as well as the detailed information related to reservations in aspects such as billing and commission collection.
Through the Control Panel, the Accommodation will be able to access, manage and modify the reservation, download activity vouchers and request service invoices for those reservations that have been made through the Accommodations Platform. For the reservations generated through the affiliate resources, the referred client will be the only one who will have the power to access, manage and modify the reservation.
In order to make reservations through the Website, the Accommodation will have to register by sending a duly completed registration application as an Accommodation through the form provided for this purpose. After sending said request, the Accommodation will receive an email from CIVITATIS informing them of the acceptance or rejection of their request, with no need for justification. Once CIVITATIS has accepted the Accommodation’s request, the Accommodation’s account will be activated and from that moment on it will be able to make reservations through the Website, as well as through the affiliate resources available for the reservation of CIVITATIS Services directly by its clients. Membership in the Accommodations program is completely free of charge and does not entail any permanence fees.
By virtue of these General Terms and Conditions with Accommodations, the Accommodation declares to provide true, accurate, current and complete information about its identity, or if applicable about the person on behalf of whom the activity or transfer is booked. In this sense, the Accommodation shall be responsible for the accuracy of the data provided to CIVITATIS and for any consequences that may arise from errors in the information provided.
The Accommodation and its representatives shall have full responsibility for the use of their account, membership resources and tools of the Accommodation Platform, the management and / or modifications of the reservations made on the Accommodation Platform and in particular, the use and custody of the methods of payment of the Customers. Consequently, they will be responsible for the proper custody and confidentiality of the username and / or passwords that allow access to their account, and agree not to transfer its use to third parties, either temporarily or permanently, or to allow access to third parties. In the event that the Accommodation does not make use of its Accommodation Account and/or the affiliate resources available on the Accommodation Platform for online sales to its Clients when making a reservation, CIVITATIS shall not be responsible for applying the Accommodation's commission on that reservation.
In accordance with the above, the Accommodation must immediately notify CIVITATIS through the email email@example.com of any improper use of its username and/or affiliate resources available on the Accommodation Platform for online sales to its Clients at the time of making a reservation.2.- PURPOSE OF THE WEBSITE
CIVITATIS has developed this Website to offer the Accommodation a booking service for activities, excursions and guided tours in different countries of the world.
Likewise, CIVITATIS offers through the Website a pick-up and drop-off service that allows the Accommodation to have a private vehicle to pick-up and drop-off its clients from one point to another within the destination cities where CIVITATIS offers this service.
CIVITATIS informs you that the activities, excursions and guided tours, as well as the transfers are services provided directly by third party companies collaborating with CIVITATIS (hereinafter, the Provider(s)). Therefore, CIVITATIS IS LIMITED EXCLUSIVELY TO OFFERING THROUGH THE WEBSITE A SERVICE OF ACTIVITIES, EXCURSIONS, GUIDED TOURS AND TRANSFERS, IN DIFFERENT PLACES OF THE WORLD, WHICH ARE EXECUTED DIRECTLY BY THE PROVIDERS.
CIVITATIS will provide the Accommodation with free online Travel Guides of the different destinations (such as https://www.londres.es/, https://www.disfrutapraga.com/, etc.), including in these guides information about CIVITATIS Services, transportation, tourist points of interest, interactive maps, recommendations and tips related to the destination. The access and consultation of the aforementioned free travel guides can only be done online and their transformation, commercialization and/or sale, as well as distribution outside the channels of the present General Conditions, is forbidden, and the Agency shall be responsible for the improper and unauthorized use of the Travel Guides.
The contracting of the services offered by CIVITATIS through the Accommodation Platform shall be carried out between the Accommodation and CIVITATIS, although in relation to certain Providers and services, CIVITATIS shall limit itself to providing its Website as an online platform through which the Providers offer their Services so that they can be contracted directly by the Agency. The voucher of the activity shall indicate the mode of contracting.
In the latter case, the Accommodation, at the time of formalizing the reservation, will also establish a contractual relationship with the Provider with whom the activity or transfer has been booked. CIVITATIS will act as a mere intermediary between the Accommodation and the Provider, limiting itself to transmitting the relevant booking data to the Providerand sending the Accommodation a booking confirmation e-mail on behalf of the Provider.
The contracting of the Services through affiliate resources shall be carried out directly by the Customers through the CIVITATIS Website by redirecting the Customer using the custom text link, banner or widget for online sales implemented or provided to the Accommodation.
In all these cases the self-billing conditions set out in section 6 of these General Conditions apply.
The information displayed by CIVITATIS through its Website and/or Accommodation Platform for the provision of the services is based, in any case, on the information provided by the Providers.3.- REGULATORY COMPLIANCE
Both CIVITATIS and the Agency shall comply with all the requirements contained in Directive 2011/83/EU of the European Parliament and of the Council on Consumer Rights, the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, in terms of Package Travel and linked travel services in their conditions of Organizer, Retailers and/or entrepreneurs.
For clarification, they must comply with all national and European Union regulations applicable to Package Travel, Travel Services and Consumer and User Rights.4.- SPECIFIC CONDITIONS ON THE RESERVATION OF ACTIVITIES, EXCURSIONS AND GUIDED TOURS
Reservations made by the Accommodation through the Platform and/or its referred customers through the affiliation resources through the Website are subject to the specific conditions that apply to each activity, excursion or guided tour.
The Accommodation and/or its referred customers will find these conditions on the description page of the Website for each of these services, as well as in the confirmation email sent to them by CIVITATIS once the reservation has been made.
4.1 General conditions applicable to all reservations.
In general, the booking of activities, excursions and guided tours promoted by CIVITATIS through the Website is subject to the following conditions:
4.2 Specific conditions related to information about the activity, excursion and/or guided tour booked.
Each of the transfers offered by CIVITATIS on the Website is subject to specific conditions, which the Agencies and Clients may consult in said transfer description (located on the Website), or in the confirmation email sent to them by CIVITATIS once the reservation has been completed.
Notwithstanding the above, Agencies must take into account the following:
If the private transfer services entail the payment of a supplement, it must be accepted or rejected by the Client or the Agency. If no reply is received, the reservation will be automatically canceled and the amount will be immediately refunded to the Agency. CIVITATIS will issue the appropriate amending documentation, in any case.
Each of the services included by CIVITATIS on the Website (activities, excursions, guided tours and transfers) has a specific cancellation policy that the Agency and/or the Client may consult in the description of the activity (on the Website), as well as in the confirmation email sent by CIVITATIS once the reservation has been made.
Therefore, each service will have its specific cancellation conditions, which establish the cancellation period and whether there is any type of penalty or not.
Ultimately, CIVITATIS will manage cancellations in accordance with the cancellation policy of each activity, excursion, guided tour and/or transfer.
In the event that the Provider does not have availability on the contracted date, an alternative date or time will be offered to the Agency, which must be accepted or rejected by the Agency within 72 hours from the notification of the modification in the reservation. If no reply is received within the established period or if the modification is rejected, the reservation will be canceled and the amount of the reservation will be immediately refunded to the Agency. In any case, CIVITATIS will issue the appropriate supporting documentation.
In the case of refundable cancellations, the Agencies may request the refund of the amount to the original method of payment or to its Operative Deposit (wallet), being the full responsibility of the Agency the management of the refunds and reimbursements to the Client.
The Agency releases CIVITATIS from any liability in all matters concerning the processing and management of refunds to the final Client for the cancelation of refundable services.
IN ACCORDANCE WITH THE ABOVE, AND BY ACCEPTING THESE GENERAL CONDITIONS WITH AGENCIES, THE AGENCIES DECLARE THAT THEY HAVE READ AND EXPRESSLY ACCEPTED THIS CANCELATION POLICY AS WELL AS AGREE TO THE CANCELLATION CONDITIONS OF THE ACTIVITY, EXCURSION, GUIDED TOUR AND/OR TRANSFER BOOKED THROUGH THE WEBSITE.8.- WEBSITE CONDUCT
The Agency undertakes the responsibility to make a lawful, diligent, honest and correct use of any information or contents accessed through the Web Site, and all this under the principles of good faith and respecting at all times the current legislation and the present General Conditions with Agencies. In particular, but without limitation, the Agency shall not:
i. Register or communicate data that is not true, accurate, complete and/or updated, or access the Website using the name, identification data or password of another User or Agency, or impersonate any person or identity.
ii. Use the Website for fraudulent purposes, or in connection with criminal offenses or unlawful activities of any kind.
iii. Introduce or disseminate computer viruses that may cause unauthorized alterations to the contents or systems comprising the Website.
iv. Create a Profile or use the Web Site to use or reuse material that is unlawful, offensive, pornographic, abusive, abusive, indecent, defamatory, obscene or threatening in any way, or in violation of copyright, trademark or confidentiality, privacy or any other rights, or is otherwise injurious or objectionable to third parties.
v. Download, post or otherwise distribute content or applications that may violate any applicable law or infringe any rights of any party.
vi. Correctly use the Tools provided such as the Affiliate Link, banners, widgets for online sales or any other technical/computer resource in accordance with these General Terms and Conditions and the General Terms and Conditions of the CIVITATIS Affiliate Program.
vii. The Agencies shall be responsible at all times for the Processing of Personal Data of their Clients with special attention to their contact details, financial data and payment methods used by the Clients to book Services through the Agency's Platform.
CIVITATIS reserves the right to deny any attempt to access the Website or cancel Agency accounts, in cases of improper use of the Website in accordance with the provisions of this stipulation.9.- OPINIONS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
If the Accommodation has booked activities, excursions, guided tours and/or transfers through CIVITATIS, they may publish their opinions and evaluations on the Website. Likewise, the Clients of the Accommodation that book CIVITATIS Services through the Sharpening Link provided to the Accommodation may also publish their opinions and evaluations on the Website.
To this end, CIVITATIS will send an email to the email address provided by the Accommodation and/or its client, when the activity or transfer has been completed, in order to allow them to rate the experience and the service provided by CIVITATIS.
When CIVITATIS receives the opinion and assessment through the e-mail provided by the Accommodation, it will be reviewed and published as soon as possible on the Website.
In any case, CIVITATIS will publish the reviews of the Accommodations provided that the content of the reviews is not unlawful, obscene, abusive, threatening, defamatory, invades the privacy of third parties, or is otherwise objectionable to third parties, and provided that the content does not incorporate advertisements or links to other websites and/or that the review does not correspond to the rated service.
In particular, CIVITATIS reserves the right to not publish those reviews whose content may include the following aspects:
i. Discriminatory comments: comments that go against an individual and that violate the principles of the right to honor, to personal and family privacy, to one's own image and to the dignity of the person will not be allowed under any circumstances. Any type of discriminatory publication, whether for reasons of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance, is prohibited.
ii. Illegal activities: It is not allowed for the content of said reviews to promote illegal activities or include obscene or defamatory comments.
iii. Violence: It is expressly forbidden for opinions to contain statements that promote violence and/or include sexual violence or violence against animals and people.
iv. Degrading content: Opinions or comments that are intimidating, threatening, degrading or in any way promote violence against a person or a specific group are not allowed.
v. Communications between the parties shall be made in writing via e-mail with acknowledgment of receipt or by any other means that records the notice of receipt and content of said communications.
vi. Communications to CIVITATIS shall be sent to: partnershipscivitatis.com.
vii. Communications to the Accommodation: the e-mail address of registration shall be used.10.- LIABILITY WAIVER
CIVITATIS shall not be liable for the following circumstances (including but not limited to):
i. Cancellations made out of time by the Accommodation and/or its clients. CIVITATIS will not be responsible under any circumstances for refunding the amounts paid by the Accommodation and/or its clients when they have not complied with the cancelation period covered in the cancelation policy applicable to each service.
ii. For delays or errors committed by the Accommodation and/or its clients to reach the meeting point of the activity, excursion, guided tour and/or transfer booked. In other words, CIVITATIS shall not take any responsibility if the Accommodation and/or its clients miss the activity or transfer booked due to lack of timeliness and/or not being at the agreed meeting point.
iii. For cases in which the Provider denies the Accommodation's clients access to the activity, excursion and/or guided tour when the client does not carry the pertinent voucher printed on paper and/or downloaded to his/her cell phone (as required in each case by the Provider).
iv. For damages and theft affecting clients of the Accommodation and property owned by them during the activities, excursions and guided tours and/or during the journey of the transfer service hired.
v. For the injuries, damages and accidents that may fall upon the clients of the Accommodation during the activity, excursion, guided tour and/or transfer booked, as well as for those injuries, damages and accidents suffered by the clients of the Accommodation prior to the service and that have prevented them from enjoying the service.
vi. Cases in which the vehicle hired for the transfer fails to go to the pick-up point when the information provided by the Accommodation and/or its clients about the pick-up point and pick-times is incorrect or misleading.
vii. For the cases of missing flights, trains, buses or any other means of transport, as a consequence of not having requested the transfer service with the advance notice recommended by CIVITATIS. The Accommodation and/or its clients acknowledge that they are solely responsible for knowing the departure time of the flight/train/bus and requesting the pick-up service with sufficient time.
viii. For the weather conditions in which the Provider decides to carry out the activities, excursions and guided tours booked by the Accommodation and/or its clients. Under no circumstances shall CIVITATIS be responsible for these circumstances, and therefore the service shall be deemed to have been correctly provided.
ix. For the quality and adequacy of the service contracted by the Accommodation and/or its clients.
x. Cases in which the activities, excursions or guided tours have been completed with respect to all the attractions included in them, even if the duration has suffered a slight variation due to any external factor to the Provider and/or CIVITATIS. In this situation, the service will be considered to have been correctly carried out.
xi. Complaints and claims regarding the service hired by the Accommodation and/or its clients, which shall be managed with the Service Provider, notwithstanding the fact that CIVITATIS may collaborate with the Accommodation and/or its clients to address their complaints.
xii. Fraudulent use by the Accommodation or third parties of the Clients' payment methods when making reservations in their name.
In addition, and in the cases in which the Accommodation contracts the services directly with the Supplier, CIVITATIS shall not be liable:
xiii. For the fulfillment of any tax obligation of declaration, payment or any other type arising from or as a consequence of the service provided by the Provider. CIVITATIS is exempt from any type of tax liability in relation to the services rendered by the Provider.
Furthermore, CIVITATIS does not provide any guarantee nor is it responsible, in any case, for damages of any nature that may arise from the access or use of the content or the Website. Among others, including but not limited to, CIVITATIS shall not be liable for the following circumstances:
xiv. Lack of availability, maintenance and effective functioning of the Website and/or its services or contents, as well as for damages of any nature that may be due to the lack of availability or continuity of the Website functionality.
xv. Technical failures caused by third parties or force majeure that prevent the proper functioning of the Website.
xvi. Circumstances of force majeure, understood as the failure, suspension or interruption of the services or use of the Website, as a consequence of the Internet networkbeing blocked, actions or omissions of third parties, or any other cases or causes independent to the will of CIVITATIS that prevent the normal use of the Website.
xvii. The illicit, negligent, fraudulent use, contrary to the terms of these General Conditions with Accommodations, or the Website's good faith, by the Accommodation.
CIVITATIS reserves the right to lawfully take legal action against the Acommodation, as a consequence of the commission of the acts described in this section, and in general, for the breach of these General Terms and Conditions with Accommodations.
CIVITATIS and the Accommodation will be jointly and severally liable to the users for the correct fulfillment of the contracted travel services, regardless of whether these services are to be performed by themselves or by other providers, in those cases established by Directive 2011/83/EU of the European Parliament and of the Council on Consumers' Rights and/or Royal Legislative Decree 1/2007, of November 16, which approves the revised General Law for the Defense of Consumers and Users and other complementary laws.11.- DURATION AND TERMINATION OF GENERAL TERMS AND CONDITIONS WITH ACCOMMODATIONS
The General Conditions with Accommodation will have a duration of one (1) year, which may be tacitly extended for equal periods, provided that neither party gives written notice of termination 60 calendar days prior to the end of the commercial relationship.
Without prejudice to the foregoing, CIVITATIS shall have the right to terminate the contract at any time and without prior notice to the Accommodation, in the event that the latter fails to comply with any of the obligations set forth herein.
Once the commercial relationship has been terminated by either of the parties, the Accommodation will be responsible for each and every one of the operations carried out up to the date of termination. Likewise, it shall immediately return any confidential information to which it may have had access by virtue of these General Terms and Conditions and shall refrain indefinitely from publishing or disclosing the same.
The business relationship and the application of these Terms and Conditions may be terminated at any time in the following cases: (i) by mutual agreement; (ii) at the request of CIVITATIS if more than six (6) months elapse without the Accommodation generating a new sale; (iii) in the event of bad faith in the management and/or payment of the bookings made or incorrect information about the Civitatis product to the Accommodation's clients and (iv) in the event of manipulation of the bookings through the Accommodation Platform or affiliation resources.12.- PERSONAL DATA PROTECTION
On joining the CIVITATIS agency programme, the Agency shall provide the data and information concerning the agency or its staff requested by CIVITATIS on the relevant registration forms (hereinafter referred to as "Agency data").
12.1 Which company is responsible for processing the Agency Data?
The company responsible for the processing of the AGENCY's data is Civitatis Tours S.L., with registered office at Calle Coloreros 2, 28013, Madrid, with tax identification number B-86899440.
12.2 Why is CIVITATIS entitled to carry out the processing of your data?
CIVITATIS is entitled to process your data for the provision of the Services offered on the Website.
The communication of personal data by the Agency to CIVITATIS is a necessary requirement for the provision of the services offered on the Website, and this in accordance with the provisions of Article 6.1 b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter "GDPR"). Failure to provide the information will make it impossible for CIVITATIS to provide the Services.
12.3 What are the purposes of the AGENCY's data processing?
The data collected through any data collection forms on the Website will be incorporated into a personal database for which CIVITATIS is responsible. All the fields on the data collection forms must be completed (unless otherwise indicated), so that the omission of any of them will make it impossible for us to deal with your request.
The data collected by CIVITATIS will be kept as long as the Agency does not request the deletion of said data.
In accordance with the GDPR Principle of Limitation, the Agency is informed that your data will be collected solely for the purposes set out in the preceding paragraphs and will not be processed in a manner incompatible with those purposes.
The data may be used for the following purposes:
To provide the services offered by the Website.
To resolve any type of question or incident related to the services offered and to respond in an agile, reliable and rapid manner to any queries or suggestions you may wish to make.
To send newsletters and commercial communications related to the services provided by CIVITATIS.
Specifically, the personal data will be used to send newsletters, and commercial and promotional communications related to the services provided by CIVITATIS, by letter, telephone, e-mail, SMS/MMS, or by other equivalent means of electronic communication (Twitter, WhatsApp, etc.) and this under the protection of the provisions of the applicable regulations on privacy and commercial communications.
12.4 Rights in relation to the Agency's data.
The Agency is informed that users may at any time object to their data being processed for the purpose of advertising and commercial prospecting and that they may request further information on the processing of their data by sending an e-mail to firstname.lastname@example.org or using the specific means acknowledged in the commercial communications themselves.
The Agency is informed that users have the right to (i) access their personal data, as well as (ii) request the rectification of inaccurate or incomplete data or, where appropriate, (iii) request its deletion, (iv) request the limitation of the processing of their data, (v) oppose the processing of their data (vi) exercise the right to be forgotten and (vii) request its portability.
The Agency is informed that users may exercise their rights at any time by sending an e-mail to email@example.com, or by ordinary mail to the address provided in section 1 of these General Conditions with Agencies. In order to exercise these rights, it will be necessary to attach a photocopy of the National Identity Document of the person representing the Agency or any other legally valid means.
Without prejudice to any other administrative recourse or legal action, the Agency is informed that users shall have the right to lodge a complaint with the Spanish Data Protection Agency in the event that they consider that the processing of their personal data is not in accordance with the regulations, as well as in the event that they do not see their rights satisfied.
12.5 Security measures.
CIVITATIS maintains data protection security levels in accordance with the applicable regulations and has established all the technical means at its disposal to prevent the loss, misuse, alteration, unauthorised access and theft of the data that the Agency provides to CIVITATIS, without prejudice to informing you that security measures on the Internet are not impregnable.
CIVITATIS undertakes to comply with the duty of secrecy and confidentiality with respect to the data contained in the automated file in accordance with the applicable legislation.13.- INTELLECTUAL PROPERTY
13.1 Intellectual and Industrial Property relating to the Website owned by CIVITATIS.
All rights over the content, design and source code of this Website, the Agency Platform and, in particular, including but not limited to, all rights over the photographs, images, texts, logos, designs, trademarks, trade names, data included on the Website and any other intellectual and industrial property rights are owned by CIVITATIS, or by third parties who have expressly authorised CIVITATIS to use them on the Website.
Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, regularising, clarifying and harmonising the legal provisions in force on the subject (hereinafter, "Intellectual Property Law"), as well as in Law 17/2001, of 7 December, on Trademarks and complementary legislation on intellectual and industrial property, it is expressly forbidden to reproduce, transmit, adapt, translate, distribute, publicly communicate, including making available, all or part of the contents of the Website, in any medium and by any technical means, unless expressly authorised in writing by CIVITATIS.
CIVITATIS does not grant any licence or authorisation of use of any kind over its intellectual and industrial property rights or over any other property or right related to the Website, and in no case shall it be understood that access and browsing by the Agencies implies a waiver, transmission, licence or total or partial transfer of said rights by CIVITATIS.
Any use of these contents not previously authorised by the Agency shall be considered a serious breach of intellectual or industrial property rights and shall give rise to the legally established responsibilities on the part of the Agency.
13.2 Intellectual Property relating to the opinions of the Agencies published on the Website.
CIVITATIS owns or is licensed to use all Intellectual Property Rights and other rights related to the CIVITATIS Affiliate Platform. Under the terms of this Agreement, the Agency does not acquire any rights or licences other than the right to install and/or integrate the tools, links, banners, widgets or any other resources provided by CIVITATIS on the linked websites.
13.3 Intellectual Property relating to the opinions of the Agencies published on the Website.
As the Website allows the publication of opinions, the Agencies grant CIVITATIS a universal, unrestricted and free licence for the use, distribution, public communication, adaptation and reproduction of such opinions. By means of the aforementioned licence, CIVITATIS may transform, adapt and, in short, use the opinions of the Agencies for advertising and promotional purposes on the websites and social networks owned by CIVITATIS.14.- CONFIDENTIALITY AND TRANSFER OF RIGHTS
For the purposes of these Terms and Conditions, "Confidential Information" means all information of whatever nature (whether oral, written or otherwise) relating to or provided by each of the Parties in connection with the provision of the Services under these Terms and Conditions, which may only be used by the Parties for such purpose, including its technologies, technologies developed or marketed by it, manuals, software (source code and object code), databases (whether original and/or sui generis), business plans, marketing plans, know-how, technological and IT resources and tools such as, but not limited to, Affiliate Links, banners and widgets, customer or supplier lists, financial information, pricing policies, advertising campaigns, trademarks, any piece of information marked as "confidential", trade secrets, or, in general, any other document, data or information that can reasonably be qualified as confidential. Neither Party shall disclose to any third party either directly or through any third party without the prior written consent of the other, any information it receives from the other Party in connection with these General Terms and Conditions with Agencies.
This limitation shall apply indefinitely and shall remain in force after the termination, for any reason, of the commercial relationship between the Agency and CIVITATIS, from the communication of the information, regardless of the duration of these General Terms and Conditions. Both Parties agree that any confidential information received from the other party must be used for the sole purpose of providing or receiving services under these General Conditions. The above restrictions shall not apply to any information:
i. which is or becomes generally available to the public for any reason other than breach of an obligation under this provision; or
ii. which is obtained from a third party who is not bound by a duty of confidentiality in relation to the information; or
iii. which was previously known to him; or
iv. the disclosure of which by the recipient is required by law.
Furthermore, disclosure of confidential information pursuant to a judicial or administrative order shall not be subject to the obligation of confidentiality provided that the party receiving the order informs the other party in writing in advance of the obligation to disclose such information.
After the expiration of the term of this Agreement, the Parties shall return the confidential information received or certify that it has been destroyed.
The obligation of confidentiality provided for in this Clause shall remain in force for both Parties on a continuing basis.
The Agency may not assign its position in the General Terms and Conditions with Agencies without having obtained the prior written consent of CIVITATIS.
CIVITATIS reserves the right to assign its position as well as any rights or obligations arising therefrom in its favour or at its expense. CIVITATIS shall notify the Agency of the assignment at least thirty (30) calendar days in advance.15.- AMENDMENTS
The Accommodation acknowledges that, given the nature of the commercial relationship and the Services offered by CIVITATIS, it is possible that these General Conditions may be subject to modification.
CIVITATIS reserves the right to make as many modifications as it deems appropriate to these General Conditions with Accommodations, in which case it will notify the Accommodation indicating the modifications and how they affect these General Conditions.
Modifications to these General Terms and Conditions shall be considered valid from the moment they are published on the Website.
The modifications will be applied immediately, if this is imperative due to the nature of the commercial relationship between the Accommodation and CIVITATIS and/or the nature of the Services affected.16.- SAFEGUARD CLAUSE
All clauses or terms of these General Conditions with Accommodation must be interpreted independently and autonomously, and the rest of the stipulations will not be affected if one of them has been declared null and void by a court ruling or final arbitration decision. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the General Conditions with Accommodation.17.- LEGISLATION AND JURISDICTION
These General Conditions with Accommodation shall be governed by Spanish law. For the resolution of any discrepancy, question or claim derived directly or indirectly from the interpretation or execution of these General Conditions, CIVITATIS and the Accommodation expressly submit to the jurisdiction of the Courts and Tribunals of the city of Madrid.