Terms and Conditions

• Holder: Culture And Touring S.L.
• Registered office: Rua Castelao 7. 4to. E. – 36002 – Pontevedra (Pontevedra)
• CIF/NIF: B72587124
• Public Register: Registered in the Mercantile Register of Pontevedra, Volume 4476, Folio 179, Section ª, Page PO-72916, Inscription 2ª.
• Phone: ‭+34 644 234 146‬
• E-mail: info@cultureandtouring.com

We hereby make available to all users and customers the conditions of use and registration that apply to our online services platform. https://www.thecooltour.com and the services we provide, reflecting all the rights and obligations of the parties.

All users who visit or access our platform and/or use any of the services we make available, accept the terms of use and privacy policy, as well as the different modifications and/or additional legal texts that may be included in the future. If you do not agree with any of the conditions, you can unsubscribe from the service at any time or, if you are not a registered user, leave the platform.

In addition to these conditions, each of the services provided may be regulated by specific conditions of use and registration, and in any case it is compulsory for the user to expressly accept them before using and/or contracting them.

In accordance with the provisions of article 23 et seq. of Law 34/2002 on information society services and electronic commerce, contracts entered into electronically shall produce all the effects provided for by the legal system, provided that the consent of both parties is given and can be accredited.

For these purposes, it shall be understood that the completion of all the phases of the registration process and, if applicable, the payment of the corresponding economic amount, necessarily implies the provision of the express consent required for the contracting of the service.

Likewise, and in accordance with the provisions of article 27 of Law 34/2002 on information society services and electronic commerce, all information relating to the contracting procedure is made available to users prior to the start of the contracting procedure.

The contracting conditions indicated below are directly applicable to the contracting of all the services made available through the web portal. https://www.thecooltour.com, unless expressly provided otherwise.

The procedure for contracting services is carried out entirely electronically through our platform, without the physical presence of the parties and/or external physical transaction at any time.

Any person with Internet access can carry out the contracting process, with the sole prerequisite of having registered as a user, which is essential in order to start the contracting procedure.

The stages of the procurement procedure are visible to users throughout the entire procurement procedure. Three phases can be distinguished:

• User identification.
• Selection of the service and method of payment.
• Confirmation of service.

The user only has to select the service he/she wishes to purchase and click on the purchase button provided for this purpose. This will start the contracting procedure, which will always follow the steps indicated above for all available services.

Once the service, quantity, applicable taxes, total price and means of payment have been selected, the platform will show the user a summary of the contracting process, together with the applicable contracting conditions, which in any case must be expressly accepted by the user in order to continue the contracting process.

Once the box for acceptance of the contracting conditions has been ticked, if the user has selected any of the electronic means of payment, he/she will be directly redirected to the corresponding external payment platform to make the payment, without having to https://www.thecooltour.com has no possibility of accessing the user’s credit card and/or payment system data at any time.

The security of the payment procedure is guaranteed by the financial institution.

Once the contracting of the service has been completed, a summary screen of the contracting process will be displayed.

If payment by credit card has been selected, this will be carried out through the bank’s POS, a platform that is completely unrelated and independent of the Provider.

Within a maximum period of 24 hours, the service contracting party will receive an e-mail containing all the information relating to the contracted service. This document is the confirmation that the contract has been successfully completed, being valid as a means of accreditation for any type of claim, as long as the corresponding proof of payment is attached.

The provider informs the user that all contracts made will be registered in a file for the control and management of contracts, in which, together with the information on the services contracted, additional information will be included to guarantee security and evidence of the correct performance of the procedure.

In accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, together with article 45 of Law 7/1996, on Retail Trade, the user has the right to withdraw from the contract during the period from the time the service has been contracted.

To exercise the right of withdrawal, the user must simply request it in writing to any of the addresses mentioned below, expressly indicating his/her request to exercise the right of withdrawal:

• Postal address: Rua Castelao 7. 4to. E. – 36002 – Pontevedra (Pontevedra)
• E-mail address: info@cultureandtouring.com

In any event, it is for the consumer and user to prove that he has exercised his right of withdrawal in accordance with the provisions of this Chapter.

Once we have received the request to exercise the right of withdrawal, we will refund the amount paid (without in any case including the shipping and handling costs that may have been paid initially) within a maximum period of 14 calendar days from the time of receipt of the withdrawal and always through the means used to pay for the service, or failing that by bank transfer.

The exercise of the right of withdrawal requires at all times that the user has not consumed or enjoyed any of the contracted services. If you have used any of these services, it will not be possible to exercise the right of withdrawal.

The user undertakes during the term of this contract to:

• Not to use the platform or any of its components to develop timesharing operations, to become a provider of software application services insofar as they are aimed at enabling third parties to access the platform or any of its components, through rental operations, administrative services or any other similar services, by sharing them or making them available to third parties.
• Not to subject the platform or any of its elements to activities aimed, directly or indirectly, at the decompilation of its software, which imply its subjection to operations of a reverse nature to those that determined its construction or which, ultimately, constitute or may constitute reverse engineering, decompilation or disassembly operations. Nothing in this contract shall be construed as authorising access to the source code of the platform.
• Not to publish the platform, nor use it as a system for the management and exchange of information and/or documentation that is illegal, contrary to morality or public order, contrary to copyright and/or industrial property rights.
• Do not subject the platform to workloads aimed at destabilising the platform, including denial of service (DDoS) attacks or similar situations. In the event that this type of situation is detected, the agreed level of service will not be applicable, being considered an emergency situation, and Culture And Touring Granada S.L. will not assume any responsibility for the lack of availability of the service.
• Not to reverse engineer, take requirements and other activities aimed at developing an online platform that is identical or similar to the one made available by https://www.thecooltour.com, This activity may be considered an act of unfair competition and an infringement of the intellectual and industrial property rights that the provider holds over the platform.
• Not to translate, adapt, improve, transform, modify or correct the platform or any of the elements that comprise it, and may not incorporate it into other software or portals of its own or provided by third parties.
• Not to remove, delete, alter, manipulate or in any way modify any notes, legends, indications or symbols that the provider, as the legitimate owner of the rights, incorporates into its intellectual or industrial property properties (such as, for example, copyright, ©, ® and TM, etc.) either on the platform itself or in the associated material.
• Accept that https://www.thecooltour.com may place contextualised or non-contextualised advertising on the website.
• Pay the financial amounts expressly indicated in this contract in due time and form.
• Inform the provider of any event or situation that may have occurred that could jeopardise the security of access by authorised users.
• Forcing bugs or looking for security loopholes in the platform is prohibited.

We are deeply committed to ensuring that our services work properly and in accordance with the conditions agreed with our users. However, it is sometimes possible that situations may arise, especially through the intervention of ill-intentioned third parties, which could give rise to liability.

In this sense, we indicate below those situations in which we are not responsible for the actions of the users, who assume all the responsibilities derived from them:

• In the event that information is published on the platform that has not been hosted by us or that has been published by a third party external to the organisation.
• In the event that the platform is not operational for technical reasons attributable to third parties or unforeseeable causes and/or force majeure.
• In the event that the user stores or any third party disseminates, publishes or distributes on the platform any type of defamatory, libellous, discriminatory material that incites violence or that goes against morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties.
• In the event that the user or any third party uses the platform to introduce data, viruses, malicious code, hardware or any other electronic or physical instrument or device, and damage is caused to the systems of other users.

The services made available and marketed through https://www.thecooltour.com are provided by third-party companies that are completely independent of the provider. Therefore, https://www.thecooltour.com no shall not be held liable in the event of occasional failures in the continuity of the service or, as the case may be, in the occasional lack of availability of the same.

In the event that the services contracted by the user are not available for a period of more than 72 hours from the time of notification of the incident, the user is entitled to request the provider to terminate this contract and return the economic amounts corresponding to the services not enjoyed, which will be duly reimbursed through the same means by which the initial payment was made or, where appropriate, by bank transfer.

In the event that any of the contents accessible through the platform are contrary to current regulations, we undertake to immediately remove them as soon as we become aware of and corroborate the facts.

At https://www.thecooltour.com we are deeply committed to the protection of intellectual property rights. We have therefore established the following conditions and policies:

The provider guarantees the user that it is the legitimate owner of the platform and that the platform is not involved in any legal dispute prior to the signing of this contract.

The user expressly acknowledges that the provider holds all right, title and interest in the platform and the IT developments associated with the service, as well as in all its modules, modifications and updates and in any element and/or functionality developed on the same, regardless of whether or not this has been requested by the user. For these purposes, it is included without limitation, the recognition of the ownership of the provider of all copyrights, intellectual and/or industrial property, being able to exploit the platform, without any restriction of a temporal or territorial nature, related to means of dissemination or modalities of exploitation and without any limitations other than those established by law.

The structure, characteristics, codes, working methods, information and information exchange systems, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may constitute the platform are the exclusive property of the provider, and are duly protected by national and international intellectual and/or industrial property laws, and may not be subject to subsequent modification, copying, alteration, reproduction, adaptation or translation by the user, without the prior express consent of the provider.

Likewise, all user manuals, texts, graphic drawings, databases, which complement the platform and/or the materials associated with it, are the property of the provider, and may not be subject to subsequent modification, copying, alteration, reproduction, adaptation or translation by the user.

The provision of the platform in service mode or the mere access by the user does not imply, in any case, the transfer of its ownership, nor the granting of a right of use in favour of the user other than that expressed in these conditions.

In order to enable the user to use the platform, which is the exclusive property of the Provider, the latter hereby grants the user a non-exclusive, non-transferable, revocable, non-sublicensable and non-sublicensable licence to use the platform, which is limited in time to each connection period and unlimited in space insofar as it can be accessed from any computer with Internet access.

In any case, any type of reproduction, imitation, transmission, translation, modification, elaboration of derivative works and/or public communication is strictly prohibited, regardless of the means used for this purpose, and the infringing user shall assume all direct or derived responsibilities that may arise.

For any aspect that is not expressly recognised in this contract, all rights are reserved in favour of the provider and the written authorisation of the latter is necessary to carry it out.

All content and information published or managed by users on the platform are the exclusive property of the latter, being https://www.thecooltour.com a mere provider of information society services responsible for data storage.

The provider does not receive any kind of intellectual property rights for the fact that the user hosts or manages them on its platform, so in no case may they be used for purposes other than those directly related to the provision of the services actually contracted.

In accordance with the provisions 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, all personal data provided during the use of the platform and during the provision of the services will be processed in accordance with the provisions of the Privacy Policy, which every user must expressly and previously accept in order to register.

All users who accept the present conditions of use, accept in an informed, express and unequivocal way our Privacy Policy, assisting them in this sense the rights of access, rectification, cancellation and opposition regarding their personal data, being able to exercise them as reported in the aforementioned Privacy Policy.

The present conditions shall come into force on the date of contracting the service and shall have a duration of one year, tacitly renewable for annual periods.

Either party may terminate this contract by giving express written notice to the other party at least 30 days prior to the beginning of the next period.

However, those services that are for consumption and that are contracted in packages or promotions, may have a specific and determined duration less than that indicated, which in any case will be shown before proceeding with the contracting.

The rates applicable to each of the services offered through the platform shall be solely and exclusively those published on the online platform, and these shall be the only valid rates, except for typographical or transcription errors, in which case the provider undertakes to modify them immediately.

In the event that the payment method is by direct debit, the user expressly accepts that the provider will periodically make the corresponding economic charges to the user’s bank account within the periods indicated.

The Provider reserves the right to cancel any contract within a period of 7 days from the time of its execution in the event that it detects typographical or transcription errors in the price and/or taxes applied to the transaction.

The provider reserves the right to make any type of modification to the rates of each service, and undertakes to publish them on the platform in a visible manner for users. Unless otherwise provided, the modification of rates shall not be retroactive.

All contracted services will be duly invoiced and paid prior to the provision of services or on a monthly basis, depending on the type of contract used.

The financial amounts may only be paid by direct debit or by credit card, and the provider shall not have access to any bank or credit card data at any time.

All rates will be increased by the amount corresponding to the taxes in force on the date of issuance of the invoice, being duly reflected in the summary of each purchase.

The Provider makes available to the user a customer service and technical assistance service in accordance with the following characteristics:

• Schedule: 9:00 a 16:00
• Phone: ‭+34 644 234 146‬
• Email: info@cultureandtouring.com

Unless otherwise specified, the user service will be provided exclusively in Spanish.

The present contract may be terminated whenever any of the following circumstances occur:

• Failure to comply with the obligations set forth in this contract.
• Upon expiration of the term of the contract, provided that either party has expressly stated at least 30 days in advance its desire not to automatically renew the contract.
• The declaration of bankruptcy of the other party, or the initiation of any such proceedings or equivalent before the competent authorities, and repeated failure of the other party to comply with its obligations, whether filed by one of the parties or by a third party.
• In the event that the corresponding economic amounts are not paid in accordance with the agreed terms and form. The service will be automatically blocked the day after the non-payment occurs. In order to reactivate it, it will only be necessary to pay the corresponding economic amount.
• The dissolution, liquidation or loss of legal personality of any of the parties.
• Any change or substantial variation of the essential conditions that were indicated in the present contract to carry out the conclusion of the present contract.

Likewise, in order for the contract to be fully terminated, the user must pay all outstanding economic amounts, and there is no possibility of full termination without the fulfillment of this obligation, which is considered essential.

In the event that the contract is unilaterally terminated by the user, without duly proven and justified cause, the user waives any claim for the economic amounts paid to date.

In addition, under the terms set out in Article 14 of EU Regulation 524/2013, on consumer dispute resolution, a direct link to the online dispute resolution platform is provided: https://ec.europa.eu/consumers/odr/main/index.cfm

For any controversy or conflict that may arise, derived from these terms or conditions, the Spanish Law will be applicable. The resolution of legal disputes shall be subject to the jurisdiction of the Courts and Tribunals of the domicile of the user or customer.

Notice of Cancellation: Customers must notify any reservation cancellations at least 72 hours in advance to receive a full refund.

Refunds for Early Cancellation: Cancellations made within the established period will give right to a full refund of the amount paid.

Late Cancellations: Cancellations made after the required notice period may be subject to a cancellation fee of 100% of the total amount of the reservation.

Reprogramming Notification: Customers may request to reschedule their reservation with at least 24 hours, subject to schedule availability.

Reprogramming Policy: Rescheduling will be allowed at no additional cost if notice is given within the established time frame. Late rescheduling may be subject to a rescheduling fee of 20% of the total amount of the reservation.

If a client does not show up at the agreed date and time for the tour without prior notice, no refund will be made.

Climatic Conditions: In the event of extreme weather conditions or unforeseen situations that affect the safety or the realization of the tour, The COOLTOUR reserves the right to cancel or reschedule the tour without penalty to the clients.

Minimum number of participants: The COOLTOUR reserves the right to cancel the tour if the minimum number of participants is not reached. In that case, a rescheduling or full refund will be offered.

Reimbursement Request: Customers must send a written refund request via email to info@thecooltour.com to request a refund.

Processing Time: Refunds will be processed within 10 business days of receipt of the refund request.

The COOLTOUR reserves the right to modify this cancellation and refund policy at any time. Any change will be communicated to customers through [método de comunicación] and shall be effective as of the date of communication.