CIVITATIS, owner of the Website www.civitatis.com (hereafter the “Website”), is a company dedicated to the reservation and sale of activities, excursions guided tours and other touristic activities throughout the world, for those Users who are interested in contracting said services. CIVITATIS places a platform www.civitatis.com at the disposition of its Users, through which a natural or legal person (hereafter “the User”) can reserve tourist activities, excursions, guided tours and transfers.
The details of CIVITATIS are as follows:
If you access, view, or use the materials, content, or services via the Website, this implies that the User understands and accepts these General Conditions of Use, which define the rights and obligations of CIVITATIS and the User, regards the contraction of touristic activities, guided tours and transfers.
These are the only General Conditions of Use applicable to the use of the Website (notwithstanding that some services may entail specific conditions) and to the contraction of services which supersede any other conditions, except in the case of a previous agreement in writing between CIVITATIS and the User.
To access the Website, User registration is not required. However, to be able to contract any of the services offered by CIVITATIS it is required that the User registers and accepts these conditions before making the corresponding payment.
CIVITATIS has developed this Website to offer the User a service for the reservation of activities, excursions, and guided tours in different countries throughout the world.
CIVITATIS also offers pick up and transfer services through the Website, which permits the User to contract a private vehicle, which will pick them up and transfer them 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 its Users 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 User 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 User 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 Users. The form of agreement will be indicated in the voucher of the activity.
In this latter case, the User, 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 User and provider, limited to transmit the relevant reservation details to the provider and sending the User an email confirmation of the reservation in place of the provider.
The information displayed by CIVITATIS through the Website is, in any case based on the information provided by the local providers.
To be able to make reservations via the Website, the User will have to provide their personal details (name, surname, e-mail, telephone and mobile), or in their case the data of the person in whose name the activity or transfer is being reserved, with CIVITATIS being able to make the reservation solicited by the User.
Users can also create a User Account by filling out the registration form on the Website. Through this account, the User will create a profile which will provide access to a private area of the Website, through which they can manage all the reservations made through said Website.
By accepting these General Conditions of Use, Users state that they will provide correct, exact, current and complete data about their identity, or the person in whose name the activity or transfer is being reserved. In this way, the Users will be responsible for the accuracy of the data given to CIVITATIS and of any consequences which could arise from errors in this information.
Users will bear full responsibility for the use of their account. Therefore they will also be responsible for the care and confidentiality of their Username 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.
In accordance with the former, Users must immediately notify CIVITATIS by email to firstname.lastname@example.org any unusual activity regarding their User 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 User 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 Username or password by unauthorised third parties.
The reservations made by each User via the Website are subject to the specific conditions which apply to each activity, excursion or guided tour. The User 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.
In general, the reservation of activities, excursions and guided tours that CIVITATIS promotes through its Website are subject to the following conditions:
To reserve and activity, excursion or guided tour privately, please contact CIVITATIS through the contact form available at www.civitatis.com/en/contact/.
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 User 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 User with a reservation voucher for the activity, activity, excursion and/or guided tour or CIVITATIS will inform the User about the arrival of an email from the provider with the justification being that the User should present this to the provider before the activity begins, or once it’s finished, depending on the specific conditions established by the provider.
Users must be punctual and be at the meeting point at the time and on the day indicated on their voucher, as all activities, excursions and/or guided tours have a specific departure time, and it is impossible to modify the start time.
Duration of the activities, excursions and/or guided tours published on the Website are of a referential nature and could be subject to 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 User 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 Users 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 User not do so.
4.3. – Specific conditions related to the reservation of a Free tour
If the User is unable to attend the Free tour, they must cancel the reservation at least six (6) hours prior to the scheduled start time of the Free tour (according to the time zone of the country where the Free tour is to be held). Otherwise, if it is proved that the User has not attended the Free tour or failed to cancel within the aforementioned period, CIVITATIS will charge the User a cancellation fee. CIVITATIS will charge a cancellation fee of five (5) Euros (€), US Dollars (US$), Pounds Sterling (£), or whichever is applicable upon booking to the User's bank card provided, times each of the Users for whom the reservation has been made and who have not attended or failed to cancel within the aforementioned period.
If the User does attend the Free tour, CIVITATIS will not charge the User's credit card.
In case of discrepancy from the User, they prove that they attended the Free tour, being CIVITATIS who will ultimately evaluate if the evidence provided by the User is truthful and sufficient to determine if the User actually attended the Free tour in order to withdraw the non-attendance penalty charge.
Additionally, CIVITATIS shall not be liable for any damages or losses that may have resulted from faulty information that the Provider may have provided to CIVITATIS in order to prove the User's attendance, or non-attendance, to the Free tour.5.- CONDITIONS SPECIFIC TO THE RESERVATON OF TRANSFERS
Each transfer offered by CIVITATIS on the Website is subject to certain conditions which the User 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, Users should take into account the following:
6.- RESERVATION FARES
The contracting conditions of CIVITATIS’ reserved services will be formalized once the Users have completed and accepted the activity or transfer reservation form and this has been confirmed, with the reservation and payment processes having been completed correctly.
The prices will be indicated by CIVITATIS when the reservation of the activity or transfer chosen by the User is being made. All services are immediately confirmed and payment should be made immediately by credit or debit card (Visa or Mastercard) or via PayPal.
In general, CIVITATIS takes payment via the web page of the activity, excursion, guided tour and/or transfer reserved by the User. However, there are some services whose providers permit that, when making the payment, the User pays a part of the total and when arriving to take part in the activity, excursion, guided tour and/or transfer the User will have to pay the remaining amount. In any case, this aspect of the conditions depends on each local supplier.
These prices are expressed in Euros (€), Dollars ($), Pounds Stirling (£), Mexican Pesos ($), Argentinian Pesos ($), Brazilian Reals (R$) or Peruvian Sols (S/), with tax included, and with the total value indicated in the final step when contracting the service.
Usually, CIVITATIS does not apply discounts in the provision of its services, unless it is established in the conditions of the corresponding activity, day trip, guided tour and/or transfer.
Having made the reservation, Users will receive an email which confirms receipt of payment for the contracted service and will provide a receipt for said services. The User should take into account that this receipt is not equivalent to the corresponding invoice for the contraction of these services. The User can solicit this invoice once the reservation has been formalised via the Website.
The User 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 User 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 User.
If the service contracted takes place outside Spain, CIVITATIS will send a purchase receipt and Users 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.
Users shall notify CIVITATIS of any undue or fraudulent charges on the card that was used for the purchase by writing to www.civitatis.com/en/contact/ as soon as possible so that CIVITATIS can take the necessary steps., as soon as possible for CIVITATIS to be able to make the necessary adjustments.
Activities booked through actions or transactions with indications of being fraudulent may be canceled by Civitatis.7.- CANCELLATION POLICY
Notwithstanding the User’s rights with regard to cancellations of package travel services, which are subject to the provisions of 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 (hereinafter, "General Law of Consumers and Users"), each of the services advertised by CIVITATIS on the Website (activities, excursions, guided tours and transfers) has a specific cancellation policy, which the User can consult in the description of the activity (on the Website), as well as in the confirmation email sent by CIVITATIS once the booking has been made.
Each service provided by CIVITATIS on the present Website (activities, day trips, guided tours and transfers) has its own specific cancellation policy. The User can check each specific cancellation policy in the description part of each activity (in the Website) or on the confirmation email that CIVITATIS will send the User once the reservation has been made.
Hence, the specific cancellation conditions will be applicable to each service, which establish the cancellation time and possible penalisation.
CIVITATIS will manage cancellations and will confirm the cancellation policies of each activity, excursion, guided tour and/or transfer.
If the PROVIDER does not have availability on the reserved date, CIVITATIS will offer the customer 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.
Users will not 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, Users should not:
CIVITATIS reserves the right to deny any access to the Website or cancel User 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
Users who reserve activities, day trips, guided tours, and/or transfers on CIVITATIS may publish their reviews and opinions on the Website.
To do so, CIVITATIS will send Users an email when the activity or transfer is over so that they may review their experience and service provided by CIVITATIS.
When CIVITATIS receives a User’s review, it will be reviewed and published on the Website as soon as possible.
Under no circumstance will CIVITATIS publish false, intimidating, obscene, threatening, degrading, or that promotes 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 User’s reviews that correspond to the service reserved by the User.
In particular, CIVITATIS reserves the right to not publish reviews that include the following words and phrases:
Communications between CIVITATIS and the Users should be made by email with an acknowledgement of receipt or via another means of communication.
10.- PRODUCT LIABILITY
Notwithstanding the liability in package travel services which are subject to the provisions of the General Law of Consumers and Users, and by way of illustration, but not limitation, CIVITATIS is not liable for the following circumstances:
Furthermore, and in the case of the User contracting services directly with the Provider, CIVITATIS will not be responsible for:
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:
With regard to any package travel services offered by CIVITATIS to which the provisions of the General Law of Consumers and Users apply, if after having selected and paid for a package travel service with another company, the User books additional travel services for his/her trip through CIVITATIS, he/she will NOT enjoy the rights that apply to package travel by virtue of the revised text of the General Law of Consumers and Users.
Therefore, CIVITATIS will not be liable for the correct provision of such additional travel services. In the event of problems, the User should contact the corresponding service provider.
However, if the User books additional travel services during the same visit on the CIVITATIS Booking Website, these services will form part of linked travel services. In this case, as required by European Union law, CIVITATIS has signed a protection guarantee to refund the User for payments made to CIVITATIS for services that have not been provided due to the insolvency of CIVITATIS and, if necessary, for repatriation. Please note that no refund will be made in the event of insolvency of the relevant service provider.
CIVITATIS has entered into an insolvency protection guarantee with the guarantor entity in the event of insolvency, contract number 8-10.214.236-B, with the insurance company Seguros Catalana Occidente, S.A. de Seguros y Reaseguros, Sociedad Unipersonal. The company's tax identification number is A-28119220 and its registered address is located at Paseo de la Castellana 4, 28046 Madrid (Spain). Seguros Catalana Occidente, S.A. de Seguros y Reaseguros, Sociedad Unipersonal is registered in the Trade Registry of Madrid, Page M-91458. Telephone number: +34 932 220 212.
If services are not provided due to the insolvency of CIVITATIS, Users may contact said entity or, where applicable, the competent authority.
11.- INTELLECTUAL PROPERTY
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 regards its intellectual and industrial Property 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 renunciation, 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.
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.
CIVITATIS reserves the right to make as many changes as necessary to 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.13.- 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.14.- JURISDICTION AND APPLICABLE LEGISLATION
These General Conditions of Use are in accordance with the Spanish Legislation. In case of a litigation concerning the interpretation, execution or validity of these General Conditions of Use, the Courts and Tribunals of the city of Madrid (Spain).
In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013. on the resolution of online consumer litigations, CIVITATIS also informs Users that, in case of controversy, Users resident in the European Union will be able to go to the "Online Platform for Conflict Resolution" developed by the European Commission, in order to try to solve extrajudicially any controversy arising from the provision of services by CIVITATIS.
To access the "Online Platform for Conflict Resolution" go to the following link: http://ec.europa.eu/consumers/odr/.
In any case, CIVITATIS makes it clear to the Users that they have a Claim Form by which they can make any complaint or claim in relation to the services provided by CIVITATIS.