CONDITIONS APPLICABLE TO SERVICES

These terms and conditions have been generated in Spanish and translated into English using translation tools. Any discrepancies between the two versions shall be governed by the original Spanish version.

CONDITIONS APPLICABLE TO GURUWALK USERS

By registering as a user (hereinafter referred to as user) on www.guruwalk.com (hereinafter referred to as GuruWalk), you agree to these terms and conditions.

These terms and conditions may be updated and ratified again prior to the conclusion of a tour at any time.

1. GURUWALK IDENTIFICATION

The ownership of this website, https://www.guruwalk.com, (hereinafter "GuruWalk platform" or "web") is held by Guruwalk, S.L., with registered office at Calle Guillem de Castro 9, 46007 Valencia, CIF B98958648, registered in the Mercantile Register of Valencia, Volume 10407, Book 7688 Folio 44, Section 8 and Sheet number V179201, hereinafter GuruWalk.

Contact details are as follows:

For any questions you may have in relation to these terms and conditions, you can contact us by any of the means indicated.

2. PURPOSE OF THE WEBSITE

GuruWalk acts as an intermediary in the booking of activities relating to the contact between, interested in tourist routes, and other activities such as tickets, museums, boat trips, etc. (Users) and guides or providers who organize them (hereinafter "provider"), through the website of its ownership www.guruwalk.com (hereinafter, the Website).

The Provider carries out and organises cultural, entertainment, leisure and recreational activities (hereinafter referred to as tours or activities) for Users at its own risk and by its own means.

The Platform allows Providers and Users to get in touch with each other to enjoy the different experiences organised by the Providers. In this way, GuruWalk operates as an intermediary platform. We act as a commercial agent for these Providers. The descriptions, photographs and other content of the activities are provided by the respective providers. We therefore have no direct influence on such content. In some cases we may also operate as a provider of technological management and intermediary services, which are provided directly by GuruWalk on behalf of users.

GuruWalk derives its remuneration either from the commission from the sales of the Providers' services to the Users, or in certain cases from the provision to the Users of such technological services on the platform.

3. REGISTRATION AND RESERVATION SYSTEM

To create an account, it will be necessary to indicate the following personal data in order to create a registered user profile: email address, full name, city where you live. Subsequently, when making a reservation, you will be asked, as in the case of the user without a registered account, for the number of accompanying persons and a contact telephone number so that the Provider can contact you.

By making a reservation, you accept and agree to abide by the terms and conditions.

4. THE SUPPLIER IS RESPONSIBLE FOR ITS ORGANISATION AND DEVELOPMENT

You can view the activities on the GuruWalk website. The contract for the provision of the activity ("service agreement") is solely between you and the provider. When you buy an activity on our website, you are not buying anything from us, but you are buying directly from the provider. Service agreements are concluded by us in the name and on behalf of the provider. We act as commercial agents for the providers and are commissioned and authorised by the providers to conclude transactions directly between them and users, such as you, and to collect payments from users on their behalf. We do not provide any activities and are therefore not your contractual partner in service agreements. We do not act as an organiser, owner, seller or any other actor in the service agreements you enter into. We receive a commission from the provider for arranging the service agreement, or, in some cases, we charge you a handling fee for the technological intermediation.

Therefore, GuruWalk does not organise or offer any of its own tours or activities, and is therefore not directly responsible for the activities organised by a guide or company. Please note that GuruWalk only facilitates the contact between the user and the provider, so GuruWalk does not guarantee in any way the correct execution of the activity.

It is the sole responsibility of the provider to guarantee the accuracy, legitimacy and correctness of all content and information provided on the Platform pertaining to its activity. In any case, as a user, you can access the opinions about the satisfaction or rating with the tour or the activity carried out, which can serve as a reference before contracting it.

By booking and contracting an activity, you are contracting with the specific provider of that tour or activity, adhering to the conditions that have been established between you, without GuruWalk being a party to that contract and/or having any responsibility for any vicissitude related to it (execution of the tour or activity, quality of the tour or activity, cancellations, delays, non-compliance, accidents during the tour, etc.).

Any complaint about this performance must be made solely and exclusively to the supplier with whom you freely decided to contract. It will be up to the supplier to decide how to resolve any complaints you have made in relation to the agreement you have reached.

5. IF YOU ARE BRINGING CHAPERONES TO AN ACTIVITY, IT IS YOUR RESPONSIBILITY TO INFORM THEM

If you book an activity in which any accompanying person will participate, you guarantee that you will inform the accompanying person(s) of these terms and conditions, as well as that the accompanying person(s) understands and accepts these terms and conditions.

6. CONFIRMATION OF ACTIVITY BOOKINGS AND OPERATION

You will receive confirmation of the booking via email after completing the booking process, including all information available to GuruWalk about the specific activity according to the information provided by the supplier.

By booking the activity, you agree to the supplier's policies including all no-show, cancellation and check-in policies displayed or set out in their terms and conditions. Again, please note that the activity is contracted with a third party supplier, not with GuruWalk, so the contract governing the provision of the tour services will be the one agreed with the specific supplier, and the responsibility for the correct and lawful provision of the service will be that of the supplier.

It is your responsibility to notify the tour provider directly to make any amendments to the booking or to inform them of any special requirements/facilities that you or your companions may require.

The listing of providers on GuruWalk should not be considered as a specific recommendation by GuruWalk, which only offers the services of the tour providers that are registered on the Platform, trying at all times to ensure that the quality of the tour providers is adequate, but without being responsible for the correct provision of the tour escort services.

7. RATING AND COMMENTING SYSTEM ON PROFILES AND ROUTES

The Platform makes available to the user a rating system through which the user can review the score that other users have given to the services provided by certain providers, as well as the comments that other users have provided about their experience. GuruWalk is not responsible for the opinions and ratings given by other users. You are the only one who must assess which tour to choose, and you do so at your own risk and in the same vein, as a user, you can provide your opinion, rating and comments on tours you have done.

GuruWalk reserves the right to remove any comments and contributions that violate the respect for the dignity of the person, which are discriminatory, xenophobic, racist, pornographic, that violate the youth or childhood, order or public safety or that, in his opinion, are not suitable for publication. In any case, GuruWalk will not be responsible for the opinions expressed by users through the participation tools.

You are solely responsible for your interactions with other users of the Platform and you acknowledge that GuruWalk is not responsible for the conduct of other users. While GuruWalk strives to maintain cordial and respectful relationships between users, GuruWalk reserves the right to monitor or become involved in disputes between you and other users. We ask that you exercise common sense and use your best judgement when interacting with other users, avoiding profanity, offensive or offensive language or language that may offend the sensibilities of other users of the Platform.

8. NON-PERMITTED USES OF THE PLATFORM

Access to or use of the Platform for illegal or unauthorised purposes, whether or not for financial gain, is not permitted and the consequences thereof shall be your sole responsibility as a user, and, without limitation, is prohibited:

  1. Use the Platform in a way that may cause damage, interruptions, inefficiencies or defects in its functionality or in the computer of a third party;
  2. Use the Platform for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
  3. Registering through the Platform under a false identity, impersonating third parties or using a false profile or performing any other action that may mislead other users as to the origin of a message. As well as contacting other users of the platform for commercial or advertising purposes.
  4. Unauthorized access to any section of the Platform, other systems or networks connected to the Platform, any GuruWalk server or services offered through the Platform, by hacking or forgery, password mining or any other illegitimate means;
  5. Breach, or attempt to breach, the security or authentication measures of the Platform or any network connected to the Platform, or the security or protection measures inherent in the content offered on the Platform
  6. Take any action that causes disproportionate or unnecessary strain on the Platform's infrastructure or GuruWalk's systems or networks, as well as systems and networks connected to the Platform, such as denial of service attacks;
  7. Impede the normal development of promotions or contests or any other activity that may be offered through the Platform or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, access, participation or operation thereof, or by falsifying the result thereof and/or using fraudulent participation methods, by any procedure, and/or through any practice that violates or infringes these terms and conditions in any way.

GuruWalk may delete or block the account of any user who breaches the above conditions, without prejudice to any legal and/or administrative action that GuruWalk may take against the offending guide. The deletion of the account shall in no event give rise to any damages.

Therefore, before taking such action, GuruWalk may remove user content as necessary to ensure compliance with the terms and conditions you have expressly agreed to, for example, by communication from the copyright holder of posted photos. GuruWalk is not obligated to store copies of User Content or to provide such copies.

9. PAYMENTS AT GuruWalk

The price offered on the GuruWalk website ("displayed price") applies to the activity. The amount you pay for an activity ("booking price") is the price shown less any applicable discounts. Unless otherwise agreed, this price is payable immediately upon booking.

GuruWalk is entitled to receive the invoiced amounts in the name and on behalf of the supplier (as commercial agent), unless the supplier's invoice expressly states otherwise. With the successful payment to GuruWalk you will have fulfilled your payment obligations towards the suppliers. If you have to make payment in a currency other than your national currency (payment in foreign currency), GuruWalk (as commercial agent) can demand payment in your national currency and convert the amount into foreign currency in accordance with the exchange rate prevailing at the time the contract was concluded. For highly volatile currencies we may charge a reasonable conversion fee.

As the supplier's commercial agent, we are your contact in relation to a service agreement and your payment. If you wish to claim a refund of the booking price outside of our cancellation policy, you can contact us. We will then contact the supplier, who will decide, at their discretion, whether to comply with your refund request. The supplier may process any refunds it chooses to issue through us.

Where we act as a technology service provider, we break down the cost of our services prior to payment and pass on payment for the activity to the provider on your behalf.

You must provide accurate payment information and update it immediately in case of any changes. The payment methods allowed for the activity are shown in the order process. The general terms and conditions of the payment service provider apply. Your payment service provider may charge you additional fees. You are obliged to confirm to us that you are authorised or permitted to use any payment method you use.

In some cases you will not pay the booking price to GuruWalk or directly to the supplier, but to another company that we have commissioned to process the payment as a sub-agent. These payments are subject to the same conditions as direct payments. So nothing changes for you. In particular, with the successful payment to the subagent you will also have fulfilled your payment obligations towards the supplier. If you have any questions about the payment, you can contact our customer service.

By authorising payment you agree to your information being used for the purpose of collecting payment for the supplier. We reserve the right to make the payment function or individual payment methods on the GuruWalk website dependent on a credit check.

10. CHANGES AND CANCELLATIONS

You may only cancel service agreements in accordance with the cancellation conditions, which are set out in the provider's Terms and Conditions, in the description of the activity on the GuruWalk website or on any voucher issued for the activity.

To avoid misunderstandings, you must make changes (e.g. a postponement of the activity date or changes in participants) and cancellations according to the information we send you in the confirmation email. The change or cancellation must be made in good time. What is "timely" depends not only on the individual case (e.g. within the applicable cancellation period), but may also be related to the availability of the activity. Therefore, it is very important that you carefully read all terms and conditions on the activity page, in particular the provider's Terms and Conditions. For a timely cancellation it is imperative that timely notification is received from GuruWalk. If these requirements are met, we will issue a cancellation/change confirmation on behalf of the provider. This is also proof of the cancellation/change and must therefore be retained.

We may notify you of any changes or cancellations, particularly at short notice, on behalf of the supplier using the telephone number you have given us and send the changes to your email address.

In case of cancellation, reimbursement will be made using the original method of payment used to purchase the activity.

TERMS AND CONDITIONS APPLICABLE TO GURUWALK GUIDES

By registering as a guide or agency on the GuruWalk website, you agree to the following terms and conditions applicable to you as a registered user as a guide, agency or company wishing to offer its services (hereinafter referred to as "Guru").

These terms and conditions may be updated and ratified again prior to the conclusion of a tour at any time.

The cancellation policy may vary in destinations where there are specific agreements with different suppliers.

1. GURUWALK IDENTIFICATION

For any questions you may have in relation to these terms and conditions, please contact us by any of the means indicated.

2. PURPOSE OF THE WEBSITE

GuruWalk acts as an intermediary in the booking of activities related to the contact between those interested in tourist routes (Users) and guides and/or companies that organise them (Providers), through its website https://www.guruwalk.com/

The GuruWalk platform, therefore, allows providers and users to get in contact to enjoy the different experiences organised by the Providers. In this way, GuruWalk operates as an intermediary platform.

As a Provider, you carry out and organise the cultural, entertainment, leisure and recreational activities (hereinafter referred to as Activities) for Users at your own risk and through your own means.

3. RESPONSIBILITY AS A SUPPLIER

As a Supplier, registration on this website implies that you are interested in promoting your activities through the GuruWalk Platform, so that they can be included in the catalogue offered and can be booked by the User.

In the event that you are an agency or company and you invite employees or collaborators to access part or all of your account, it is your responsibility to ensure that they comply with these terms and conditions and the associated policies.

By registering as a Provider, you expressly accept that you are responsible for the organisation of the different types of tours or routes, the safety of the users and their physical or moral integrity, as well as the acceptance, rejection or expulsion of any user who may disturb the rest of the companions on the route.

This also implies that as a supplier, you guarantee GuruWalk that you will be aware of all the obligations that may arise from your activity (as an example but not limited to; the obligation to respect the marked itineraries where tours can be conducted, the local regulations where the tour takes place and any other legal, fiscal or tax obligation, as well as to have and keep updated all necessary licenses or certifications required by local, regional or national tourism legislation as appropriate). In the case of companies and/or agencies, it will also be your responsibility to ensure that your employees or associates comply with all the aforementioned regulations. In the event that the Supplier fails to comply with such obligations and/or provides false or misleading information, and as a consequence GuruWalk receives a fine, penalty, or any kind of claim from a government, public entity, natural or legal person, the Supplier shall be liable to reimburse and indemnify our platform at least for the full amount of such fines, penalties, or claims, including, but not limited to, the legal and administrative costs incurred.

At the same time, it is your responsibility to ensure the accuracy, legitimacy and correctness of all content and information you provide to the platform regarding the intended tour, licenses and services.

4. USE OF CONTENT PUBLISHED ON THE ROUTES

GuruWalk will not own any content that you post as a guide on or through the platform. However, you agree that GuruWalk may use any content or images you post on the platform free of charge for the purposes of publication, modification, transformation, compilation, public communication and exploitation in any media or medium known or to be known, throughout the world.

Therefore, you guarantee that the content you upload such as licenses, photos of routes, or writing of these is:

  • Original content, i.e. created by you. This implies that the publication and use of your content does not infringe, misappropriate or violate the rights of any third party, including without limitation; rights of privacy, publicity, copyright, trademark or other intellectual and industrial property rights in the broadest sense.
  • Truthful content, no false or misleading information
  • In the event that you use copyrighted content, the responsibility for payment of royalties for content used in an unauthorised manner rests with you and you expressly agree that, should the original author make a claim against GuruWalk, we may look to you on their behalf to take care of and respond to any such dispute.
  • In the same vein, any possible infringement in terms of advertising, privacy, competition law, if attributable to the content published in relation to your photos, texts or any resource used, you also expressly agree that you will be personally liable and not GuruWalk.
  • By registering as a guide with GuruWalk, you acknowledge that you have the legal right and ability to comply with these terms and conditions under German jurisdiction.

5. IMPERMISSIBLE USES OF THE PLATFORM AS A PROVIDER AND CONSEQUENCES OF NON-COMPLIANCE

Access to or use of the Platform for illegal or unauthorised purposes, whether for financial or non-financial gain or otherwise, is not permitted and the consequences thereof shall be your sole responsibility as a guide and, without limitation, is prohibited:

  1. Use the Platform in a way that may cause damage, interruptions, inefficiencies or defects in its functionality or in the computer of a third party;
  2. Use the Platform for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
  3. Registering through the Platform under a false identity, licence, or any other false data, impersonating these or any other third party data or using a false profile or performing any other action that may mislead other users as to the origin of a message;
  4. Unauthorized access to any section of the Platform, other systems or networks connected to the Platform, any GuruWalk server or services offered through the Platform, by hacking or forgery, password mining or any other illegitimate means;
  5. Breach, or attempt to breach, the security or authentication measures of the Platform or any network connected to the Platform, or the security or protection measures inherent in the content offered on the Platform
  6. Take any action that causes disproportionate or unnecessary strain on the Platform's infrastructure or GuruWalk's systems or networks, as well as systems and networks connected to the Platform, such as denial of service attacks;
  7. Impede the normal development of promotions or contests or any other activity that may be offered through the Platform or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, access, participation or operation thereof, or by falsifying the result thereof and/or using fraudulent participation methods, by any procedure, and/or through any practice that violates or infringes these terms and conditions in any way.
  • Failure to comply with the rules of the Cancellation Policy.
  • Breaking the Community Rules for suppliers.
  • Using sexist, classist, racist or inappropriate language or behaviour towards any member of the Community (GuruWalk staff, other providers or users).
  • Any attempt to deceive or defraud any member of the Community and/or GuruWalk, including promoting pre-paid tours within the Platform's free-tour format.
  • Breach of Data Protection regulations. Including, but not limited to, using user data for purposes other than those stipulated, such as complaints about reviews.
  • Use the platform's internal messaging or user data for commercial purposes external to GuruWalk.
  • Breaking the rules of the Feedback Policy.
  • Failure to comply with the standards of the Quality Policy.
  • Breaking the rules of the tours' Content Policy.
  • Failure to comply with the Cancellation Policy.
  • Breaching the rules of the Fraud Policy.
  • Non-payment, generation of negative credits on a prolonged basis.
  • Assigning No-Shows to users who have taken the tour. The detection of dishonest use of no-shows (marking as no-shows users who do attend the tour) on a recurring basis will result in the penalties set out in the fraud policy.

GuruWalk may delete or block the account of any guide who breaches the above conditions, without prejudice to any legal and/or administrative action that GuruWalk may take against the offending provider. The deletion of the account will in no case entail compensation for damages.

In this regard, GuruWalk may, before taking such action, remove the provider's content as necessary to ensure compliance with the terms and conditions you have expressly agreed to, for example, by communication from the copyright holder of posted photos.

GuruWalk is not obliged to store copies of user content or to provide such copies.

6. NON-PERMITTED USES ONLY APPLICABLE TO HOBBY PLAN PROVIDERS AND CONSEQUENCES OF NON-COMPLIANCE

Notwithstanding the limitations set out in point five above, Hobby providers are also subject to the following limitations on the use of the GuruWalk platform:

  • The same user is not allowed to have more than one Hobby account.
  • They may not create more than one tour on the platform.
  • For each Tour it will only be possible to publish two schedules per day, which must be at least two and a half hours apart.
  • Under no circumstances are users from different tours allowed to join together in the same event.
  • No false cancellations may be made.

GuruWalk may delete or block the account of any Hobby Provider who breaches the above conditions. The deletion of the account shall in no event give rise to any damages.

7. PROCESSING OF PERSONAL DATA

For the sole purpose of carrying out the organization and implementation of the tours published on the platform, the provider, as data processor, is authorized to process on behalf of GuruWalk (data controller) the identification and contact data of users who book a place on the published tours.

The processing will consist of accessing the personal data of users who have registered for a tour published by the provider and, where appropriate, recording the data for the purpose of contacting the data subjects and organising the tour.

The data accessed by the provider is limited to the minimum necessary for identification and contact with the data subjects.

This clause, relating to the processing of personal data, shall apply for as long as the provider can access the personal data of users through the platform.

However, the obligations relating to confidentiality shall be maintained indefinitely in time, regardless of whether the contractual relationship between the parties has ceased.

Obligations of the provider in the processing of personal data

The Guru, in relation to the personal data that are subject to processing in connection with the implementation of the tours, is obliged, as data processor, to:

  1. Use the utmost diligence in complying with the obligations contained in this contract and in implementing any appropriate technical or organisational measures to ensure that the processing complies with the requirements of the applicable regulations and guarantees the protection of the rights of data subjects.
  2. To use the personal data processed exclusively for the purpose of organising and carrying out the tours, and their use for any other purpose is expressly forbidden.
  3. Process personal data in accordance with the instructions given by GuruWalk. If the provider considers that any of the instructions violate the applicable regulations, it will inform GuruWalk immediately.
  4. Not to communicate the Personal Data to third parties, unless expressly indicated by GuruWalk.
  5. Not to subcontract any of the services forming part of the object of this processor contract.
  6. Maintain the duty of secrecy and confidentiality with respect to the personal data processed as a result of the performance of the tours, even after the end of the tour.
  7. The provider guarantees that he has the necessary training in the protection of Personal Data to process such data.
  8. The provider will assist GuruWalk where possible in responding to the exercise of the rights of access, rectification, erasure and objection, restriction of processing, portability and freedom from automated individualised decisions (including profiling).

When the affected persons exercise the aforementioned rights before the Guru, the Guru must communicate this to GuruWalk. The communication must be made immediately and in no case later than the working day following receipt of the request.

  1. Notify GuruWalk of any personal data security breaches of which it becomes aware, together with all relevant information for the documentation and communication of the incident
  2. Furthermore, the Guru shall, where legally obliged to do so, notify personal data security breaches to the Data Protection Authority as soon as possible and communicate them to the data subjects.
  3. Support GuruWalk in conducting data protection impact assessments, where appropriate.
  4. Support GuruWalk in making prior enquiries to the Data Protection Supervisory Authority, where appropriate.
  5. Make available to GuruWalk all information necessary to demonstrate compliance with its obligations, as well as for audits or inspections carried out by the controller or other auditor authorised by the controller.
  6. Where applicable in accordance with Applicable Law, appoint a data protection officer and communicate his/her identity and contact details to GuruWalk.
  7. Where applicable in accordance with the Applicable Regulations, the provider shall keep a written record of all categories of processing activities carried out on behalf of GuruWalk.
  8. After the tour has been completed, the provider is obliged to destroy any personal data of users that may have been stored or used by the provider outside the GuruWalk Platform.

Security measures

In addition to the security measures relating to the use of the Platform, in the event that the provider processes the personal data of users outside the Platform, it is obliged to:

  • Encryption of personal data.
  • The ability to ensure the confidentiality, integrity and availability of personal data.
  • The ability to restore availability and access to personal data quickly in the event of a physical or technical incident.
  • A process of regular verification, evaluation and assessment of the effectiveness of technical and organisational measures to ensure the security of processing.

In assessing the appropriate level of security, account shall be taken of the risks that may arise from the processing, in particular the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, as well as unauthorised disclosure of or access to such data.

GuruWalk's obligations in the processing of personal data

Corresponds to GuruWalk:

  • Provide the provider with or enable access to users' personal data through the Platform.
  • Where applicable under the Applicable Regulations, carry out a personal data protection impact assessment of the processing operations to be carried out by the Supplier.
  • Where applicable, carry out the prior consultations required by the Applicable Regulations.
  • Ensure, prior to and throughout the treatment, that the Guru complies with the Applicable Regulations.
  • Overseeing treatment, including carrying out inspections and audits.

Power to audit

Upon prior written notice from GuruWalk within a reasonable period of time and not less than 72 hours, the Supplier shall allow audits to be carried out to ensure compliance with the provisions of this Data Controller Agreement and the Applicable Regulations. The Supplier shall bear the cost of the aforementioned audits when they establish non-compliance with the security measures set out in Clause 5 of this processor contract.

Responsibility

The Supplier shall be liable for and shall indemnify and hold GuruWalk harmless from and against any and all damages, losses, penalties (including expressly those imposed by the Data Protection Authority) or expenses (including reasonable attorneys', solicitors' or other professional fees) arising out of the Supplier's failure to comply with the Supplier's obligations under this Data Controller Agreement or any other obligations under the Applicable Laws and Regulations.

TERMS AND CONDITIONS APPLICABLE TO GURUWALK AFFILIATES

Previous information

GuruWalk S.L., domiciled in Calle Guillem de Castro 9, 46007 Valencia, and holder of VAT number B-98958648 (hereinafter GuruWalk), owner of the Website www.guruwalk.com (hereinafter the Website), is a company dedicated to the promotion of free tours in different parts of the world for those users who are interested in hiring these services.

1. Object

The purpose of this Agreement is to regulate the conditions under which a natural or legal person (hereinafter the Affiliate) will promote, through links, banners, widgets or any other type of resource provided by GuruWalk; through its Websites, the services of booking tourist activities, excursions, guided tours and transfers promoted by GuruWalk on the Website, in exchange for a certain commission.

Joining the GuruWalk affiliate programme implies prior acceptance of these Terms and Conditions by submitting a completed Affiliate application form via the Website. After submitting the application form, the Affiliate will receive an e-mail from GuruWalk informing him/her of the acceptance or rejection of his/her application, without having to provide any justification for the decision taken.

Joining the affiliate programme is completely free of charge and there are no ongoing costs.

2. Rights and obligations of GuruWalk

GuruWalk shall have the following rights:

  1. GuruWalk may suspend or terminate the Affiliate's account and withhold commissions earned if the Affiliate's account shows patterns of manipulation of the commission system or any other indications of fraudulent or negligent conduct in the use or management of the Affiliate's account.
  2. GuruWalk may monitor the Affiliate's Websites to ensure that the HTML links are correct. If they are not, GuruWalk will notify the Affiliate of the changes to be made so that within 7 calendar days of GuruWalk's notification, the Affiliate will make the requested changes. Failure by Partner to do so will result in the suspension of this Agreement.

GuruWalk shall undertake the following obligations:

  1. Upon approval of your application, GuruWalk shall register the Affiliate account and provide access.
  2. Facilitate the Affiliate's access to and download of available promotional material and HTML links and URLs that will allow the Affiliate to identify the user and their purchases on the GuruWalk Website.
  3. Register Affiliates in its account and continuously monitor transactions carried out by Affiliates, making available to it reports or summaries of movements in this respect.
  4. Pay the Affiliate the commission in accordance with the terms set out in section 4 of these General Terms and Conditions.

3. Rights and obligations of the Affiliates

The Member shall have the following rights:

  1. Use the GuruWalk brand, logo and other promotional products on your Website(s) within the terms and limits set out in these Terms and Conditions.

The Affiliate shall assume the following obligations:

  1. You represent that all information provided to GuruWalk is true and correct and that, in the event of any changes, you will update it.
  2. You are responsible for the safekeeping of your login details and are solely responsible for the use of your login details by third parties. You must immediately request GuruWalk to change your login details if you suspect that they may have been stolen or used by a third party without your consent. In this respect, the Partner shall not be liable to GuruWalk for any damage caused by such misuse.
  3. The Partner is responsible for its Website(s) and its content and must comply with all applicable laws and regulations, including privacy and data protection regulations. In this respect, the Partner declares that its Website(s) have all the legal texts required by the regulations in force, and that the content of these texts complies with all legal provisions and those required by law.
  4. The Affiliate shall use the promotional material solely and exclusively to direct its visitors and/or customers to the GuruWalk Website. For this purpose, the Affiliate shall use only the designs and materials that are available in the affiliate area (banners, images, logos) and shall not modify or alter the design, colour or size of the banners, images or logos. Consequently, the Affiliate must use the material that is available at any given time in the affiliate area.
  5. You warrant that the content on your Web Site(s) belongs to you or that its owner has given you permission to publish it on your Web Site(s). You also warrant that the information and content on your Web Site(s) does not infringe any third party rights, including third party intellectual property rights, and that the information and content on your Web Site(s) is not, and will not during the term of this Agreement be, offensive, prohibited or objectionable in any way. Examples of such content include, but are not limited to, pornographic and sexual content, violent, racist, degrading, hate speech, and content that promotes illegal activities (such as drug use, the purchase of weapons, sexual violence, etc.).
  6. You must not in any way generate, or contribute to the generation of, Artificial Traffic to the GuruWalk Website.
  7. If the Affiliate acts in any way that is deemed fraudulent or illegal or generates or attempts to generate Artificial Traffic to the GuruWalk Website or fails to comply with applicable policies, GuruWalk may, in addition to terminating this Agreement and using any other remedies available to GuruWalk under this Agreement and applicable law, cancel any commission payments owed to you, including any commissions earned but not yet paid.
  8. The Affiliate shall be solely responsible for the development, operations and maintenance of its web pages and all materials appearing thereon.
  9. You may only open accounts in your own name and interest. Furthermore, it is prohibited to transfer existing accounts to a third party without the express written permission of GuruWalk.
  10. The Affiliate agrees to maintain a constant promotional activity in order to periodically refer new customers to GuruWalk. In this regard, it shall continuously and prominently publish the links provided to it by GuruWalk on all of its Websites.
  11. You may not purchase or register keywords in Google Adwords, search terms or other identifying elements for use in any Internet search engine, portal or other customer search or referral service that are identical or similar to GuruWalk's trademarks. Therefore the Affiliate may not run advertising campaigns on search portals or social networks, which directly target our URL, or with our GuruWalk brand keyword.
  12. You may not use the branding or any promotional materials of GuruWalk's suppliers and customers without written permission.

4. Commissions

Calculation

GuruWalk will pay the Affiliate a fixed amount based on the net revenue earned by the referred customer from the Affiliate's website to GuruWalk. A referred customer is any person who visits the Affiliate's website(s), clicks on the link on the GuruWalk website and makes one or more bookings for the services offered on GuruWalk directly.

The commission will be calculated on the basis of the net revenue generated in the previous month and applying the following percentages: (i) €1.00 for each user (person) who books on a PRO-labelled tour and takes the tour.

  • Booking completed. You must wait for the user to complete the free tour and for the guru (local guide) to confirm attendance in order for the booking to be counted.
  • No-shows* will not be counted as a completed booking.
  • *No show: a user who books but does not take the free tour.

Sales made to a referred customer during the 30 calendar days following the referred customer's access to the GuruWalk Website (via a 30-day cookie) will be credited to the Affiliate.

In other words, GuruWalk will place a cookie on the referred customer when the customer first accesses the Website, so that if the customer returns to the Website within 30 calendar days to book GuruWalk services, the Affiliate will be credited with the commission.

Method of payment and invoicing

Payment and invoicing shall be subject to the following conditions:

  1. Commissions will be paid the month following the provision of the service to the referred customer. Final attendee data will be available on the affiliate dashboard on the 4th of each month.
  2. The affiliate must send in the amount to be paid by the 15th of the month for payment by GuruWalk.
  3. Payments shall be made on the 15th of each month, or on the next working day if that day is a Saturday, Sunday or public holiday. Invoices arriving after this date shall be paid on the next payment day of the following month.
  4. Any amount less than €50 that has to be paid by bank transfer will only be paid when the total accumulated amount exceeds €50. All other commission amounts below €50 will be accrued for the following month and will only be paid when the accrued amount exceeds €50.
  5. The Affiliate shall bear the costs of the bank transfer, with a minimum of €2 per transfer, as well as the liability for damages caused to GuruWalk as a result of the Affiliate providing incorrect or insufficient bank details.
  6. Payments shall be made in Euros.
  7. You will be responsible for all taxes, fees, insurance and similar charges arising from payments made to you by GuruWalk.
  8. The Affiliate will have access in the affiliate dashboard to all the information regarding the sales that have been made to the referred customers, which services have been sold or the date of payment of the commissions.

5. Duration of the Agreement

This Agreement shall enter into force upon receipt by the Affiliate of the communication of approval of its application for membership and shall have a duration of one year, which may be tacitly extended for equal periods, provided that neither party gives written notice of termination 30 calendar days prior to the end of the Agreement.

Notwithstanding the foregoing, GuruWalk shall have the right to terminate this Agreement at any time without notice to the Affiliate in the event that the Affiliate is in breach of any of its obligations hereunder.

Upon termination of the Agreement by either party, the Affiliate shall lose the right to commission for the referred customers, but shall be liable for any and all transactions made up to the date of termination. The Affiliate shall be obliged to return all promotional material and shall refrain thereafter from using any trademarks or other intellectual property rights it has enjoyed up to that time by reason of this Agreement. You shall immediately return any confidential information to which you may have had access under this Agreement and shall refrain indefinitely from publishing or disclosing the same.

6. Termination of the Agreement

This Agreement may be terminated at any time in the following cases:

  1. by mutual agreement
  2. at the request of GuruWalk if more than SIX (6) months have passed without the Affiliate referring a new customer
  3. if GuruWalk believes that the Website(s) include inappropriate or inadequate content or content that may violate or infringe any personal or material right recognized by law. Also, those that are directed at children and/or minors, those that incorporate pornography or other sexual acts of an illegal nature, those that promote violence, racial, sexual or religious discrimination, xenophobia, discriminate or ridicule physical disability, sexual orientation or age and those that, in general, promote illegal activities or violate the rights of a third party, whether individually or collectively.

The termination of the Agreement shall inevitably entail, by way of example and without limitation, the following effects:

  1. automatic and definitive cancellation of the affiliate account
  2. payment, if applicable, of any outstanding commissions, regardless of their amount
  3. loss of the right to receive future commissions from customers referred so far
  4. obligation to remove from its Website(s) any promotional material of GuruWalk and the Affiliate shall refrain from using the trademarks or any intellectual property rights that it has enjoyed so far by reason of this Agreement. You will also immediately return any confidential information to which you may have had access.

7. Liability and disclaimer of warranties

The Affiliate shall be responsible for the following liabilities:

  1. You are responsible for ensuring that your Web Site(s) complies with all applicable laws and regulations, and in particular with all laws and regulations protecting consumer rights, privacy and personal image rights, and the processing of personal data.
  2. The Affiliate shall be solely responsible for the development and maintenance of its Web Site(s) and all of its content.

Except in cases of wilful misconduct or negligence, GuruWalk's total financial liability, whether in contract, tort or otherwise, shall be limited to the total amount paid in commissions for customers referred under the coverage of this Agreement.

You agree to hold GuruWalk harmless from and against any and all claims, penalties, damages, liabilities and/or expenses in connection with any breach of these Terms and Conditions and, in general, the law applicable to this Agreement.

8. Binding on the parties

Nothing in this Agreement shall create or be construed to create an employment relationship, as employer and employee, between GuruWalk and Affiliate.

9. Safeguarding and modification of the general terms and conditions of this Agreement

If any section of this Agreement is declared null and void or ineffective, the remainder of the Agreement shall remain unchanged in the agreed terms. With respect to the affected condition, it shall be deemed not to have been made and shall be redrafted in terms that most closely approximate the original intent.

10. Personal data protection and cookies

Data protection

The personal data of the natural persons involved in the signing and execution of the contract in their own name and on their behalf or on behalf of the legal person they represent, as well as all data collected during the execution of the agreement, will be processed under the responsibility of the other party. The purposes of the processing of these personal data may not be other than the conclusion and control of the agreement, the development and maintenance of relations between the parties and the fulfilment of their respective legal obligations. The data will be kept by the parties for as long as the agreement is in force and, additionally, during the periods of limitation of possible liability claims to which each party may be subject; or, where appropriate, for the minimum time necessary to comply with their legal obligations.

The processing of the identification data of the signatories is legally protected under articles 6.1.b) and c) of Regulation (EU) 2016/679, given that it is necessary for the signing and execution of the contract and for the fulfilment of legal obligations. Likewise, each party has a legitimate interest in the processing of the professional location data of the other parties, in accordance with article 19 of Organic Law 3/2018.

The holders of these data may exercise their rights of access, rectification, deletion, limitation of processing, opposition, portability and not to be subject to individualized decisions, including profiling, by sending a communication to the person responsible for each party. The natural person signing on behalf of the affiliate may exercise these rights against GuruWalk S.L. by sending an email to [email protected].

The Spanish Data Protection Agency is the supervisory authority in this area and is the body to which data subjects can complain if they consider that the processing is unlawful or that their rights over their personal data have not been respected.

In addition, the Partner guarantees that it complies with current data protection legislation. In particular, the Partner guarantees that its Website(s) are correctly adapted to these regulations.

Cookies

The Partner undertakes to comply with the applicable regulations in relation to the use of cookies in the content published on its Website(s). In this regard, the Partner shall be obliged to inform and obtain the consent of users with respect to analytics and/or advertising cookies on its Website(s). The Affiliate shall indemnify GuruWalk from any penalty or claim arising from a breach of the Law on Information Society Services and Electronic Commerce (LSSI) or other complementary rules. Informed consent must be obtained in any case following the guidelines set out in the Guide on the use of cookies of the Spanish Data Protection Agency.

11. Intellectual Property Rights

GuruWalk owns or is licensed to use all Intellectual Property Rights and other rights related to the GuruWalk service. You do not acquire any rights or licenses under this Agreement except for the right to install links, banners, widgets or any other resources provided by GuruWalk on the Linked Sites, subject to the terms of this Agreement.

12. Confidentiality

All information exchanged between the Parties in any format or medium shall be treated with absolute confidentiality by the receiving Party, which undertakes not to disseminate, deliver or transfer them in any way or make use of them for purposes other than those agreed in this Agreement, with the exception of those requirements that are issued by a judicial or administrative authority with the corresponding legal coverage. This commitment shall remain unalterable after the termination of the Agreement.

13. Assignment of rights and obligations

You may not assign your position under this Agreement without the prior written consent of GuruWalk. However, GuruWalk may assign all or part of its rights and obligations under this Agreement by giving written notice to you.

14. Communications

Communications between the parties shall be made in writing via email or by any other means that provides evidence of receipt and content of the communication.

15. Applicable law and competent jurisdiction

This Agreement is governed by Spanish law. The Parties expressly submit to the jurisdiction of the Courts and Tribunals of the city of Valencia, Spain.

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