Terms & Conditions

TURITOP CONTRACTING AND USE TERMS AND CONDITIONS

The content of this section shall govern the contractual relationship arising from registration, subscription or use of the products and services via the website www.turitop.comwith Tax ID (N.I.F.) B76534759, with registered office at Avenida del Atlántico, 9, Residencial Winter Gardens, Bloque 3, Oficinas, 38639 San Miguel de Abona, Santa Cruz de Tenerife, and registered in the Commercial Registry (Registro Mercantil) of Tenerife, Volume 3177, Folio 38, Page 1ª, hereinafter "TuriTop." 

Acceptance of this document entails that the user has read and agrees with this content and its supplementary documents, and that they have sufficient capacity to give consent or to contract in their own name or on behalf of the entity they represent, acknowledging that by checking the corresponding box they are accepting the agreements and rules of use set out herein. These conditions shall have an indefinite period of validity and shall be applicable to all services provided through the TuriTop website. The official versions of this content are those in English and Spanish; automatic translations into other languages are not binding.

This document is complementary to the data processing agreement, to be entered into with all controllers who use the platform, the legal notice, and any other legal content linked to the provision of TuriTop's services.

DESCRIPTIVE INDEX OF CONTENTS

To facilitate access, transparency and clarity of this content, this descriptive index will help you understand each section in summarized form, so you can navigate through our terms and conditions more easily. The full content immediately follows the index. https://www.turitop.com/terminos-condiciones-completo/

1. About the TuriTop Online Platform

• TuriTop develops and markets a Software as a Service (SaaS) suite aimed at companies and professionals. 
• The tools facilitate booking management, receipt of online payments, integration with resale portals, and other functionalities to automate tasks.
• The contract governs access to and use of the platform under the contracted plan, in exchange for a set price, published on the website or in accordance with specific agreements.
• The CLIENT may be an independent professional or a representative of a legal entity, and must guarantee the accuracy of the information provided.

2. Contracting Process

• The process begins with registration on the platform and acceptance of these Terms and Conditions, for which the user must have the capacity to represent and bind themselves to the use agreement.
• If the registration is made as a trial/Demo account, use of the platform will be free of charge for a maximum of 14 days, after which the client must choose a paid plan.
• The contract is formalized upon acceptance of the offer and payment of the first invoice.

3. Pricing, Billing and Payment

• Use of the platform requires economic consideration, except during the 14-day trial period or under specific agreements.
• Prices are updated on the website and expressed in EUROS, plus applicable taxes.
• The "owner" user is responsible for payment and must keep a valid and active means of payment (bank card).
• The billing cycle is monthly (from the 1st to the last day of the month); the invoice is issued on the 1st of each month.
• Unpaid invoices accrue late-payment interest equal to the statutory interest rate ("legal money interest"), plus a management fee of fifteen euros (€15). Illegitimate disputing of invoices before payment intermediaries entails the same €15 charge.
• TuriTop will notify the Client of any change to the economic terms 60 days in advance, addressed to the administrator user. Failure to object implies acceptance.

4. Term of the Contract

• The contract is in force from acceptance of the offer of services and is maintained as an uninterrupted subscription.
• Voluntary cancellation of the subscription suspends billing, but is not processed on the 1st of each month (cut-off date). The account cannot be deleted while amounts remain outstanding.

5. Provision of Services and Suspensions

• TuriTop undertakes to offer continuous availability. The service may be interrupted or suspended due to:
• Breach of the Terms and Conditions or of the Particular Conditions of the Plan.
• A legal requirement or obligation.
• Delay or non-payment of the service for more than one month.
• Force majeure (such as disasters or strikes).
• Interruptions due to non-payment will be maintained until the outstanding amounts are paid; reactivation costs are borne by the client.

6. Customer Services

• The Client may report breakdowns, incidents or any other matter through the TuriTop control panel or by email to ayuda@turitop.com, available Monday to Sunday except in cases of force majeure. TuriTop also offers telephone support depending on the contracted plan, from 9:00 a.m. to 5:00 p.m. (Tenerife time).
• Customer service is provided in English and Spanish.

7. Accepted Uses and Blocking of Services

• The user agrees to make proper use of the platform, respecting the law, morality and public order.
• TuriTop may revoke access if the use is fraudulent, improper, or in breach of the terms.
• Examples of improper use include selling third-party services while acting as an undisclosed agency (unless it is an agency registered on the Marketplace), using one account for two or more companies (each Tax ID requires its own account), or removing the "powered by TuriTop" badge.

8. Intellectual and Industrial Property (IP)

• The platform and its content (programming, designs, logos, text) are owned by TuriTop and protected by national and international regulations.
• Access to and use of the platform does not grant the Client any ownership right, nor any transfer of IP rights.
• The Client must respect TuriTop's IP rights and must not remove its badges or trademarks.
• Total or partial reproduction of the content and use of the brand or logo without prior authorization is prohibited.

9. Liability and Limits of the Service

• TuriTop is not liable in cases of force majeure, fortuitous events, or for services provided by third parties.
• TuriTop is not liable for: (i) losses not attributable to its breach, (ii) business losses (loss of profit), (iii) unforeseeable indirect or consequential losses, or (iv) system errors in subscription pricing.
• The Client is solely responsible for their own legal and tax compliance.
• TuriTop will not be liable for incidents (access, use of plans or contracting) carried out unlawfully by employees if the company did not reliably notify their departure.

10. Personal Data Protection

• Information on the data processing carried out on the platform. Including processing related to the contract and its performance, as well as other necessary or mandatory processing; processing of CLIENT data for marketing purposes, based on TuriTop's legitimate interest, with the possibility of contact via telephone, email and messaging applications. Information on the data processing carried out on the platform. We process CLIENT data to manage our contractual relationship and keep the CLIENT informed about news and offers from TuriTop that may be of interest to them. Full details are provided below.
• The Client must comply with Spanish and European Data Protection legislation (GDPR, LOPDGDD, LSSI).
• International data transfers to the US are covered by the European Commission Decision (the EU-U.S. Data Privacy Framework / Adequacy Decision).
• TuriTop guarantees the exercise of the rights of access, rectification, erasure, objection, restriction and portability. The client may object at any time to the legitimate-interest basis used for advertising. 
• TuriTop acts as processor of the information hosted and makes the data processing agreement available to its clients.

11. Termination of the Contract

• The contract may terminate due to: end of the trial period without proceeding to contract a plan, mutual agreement, voluntary cancellation, serious breach (in particular non-payment), or specific causes.
• TuriTop will keep the account data available and accessible to the client for a period of one year after termination of the contract, unless expressly requested to delete it.

12. Artificial Intelligence

• TuriTop has integrated an artificial intelligence system into its administrative management and customer service, choosing tools in accordance with current data protection regulations.
• TuriTop will always inform the user when they are interacting with a bot, whose assistance has limits and does not replace human attention when this is necessary.
• Automatically translated content is not binding; only the official versions, in English and Spanish, are binding.
• In the event of changes or new significant uses of artificial intelligence, TuriTop will duly inform its clients.

13. TuriTop Marketplace: Resellers

• The platform acts solely as a technology provider to connect experience providers and resellers.
• The contractual legal relationship is established exclusively between the provider and the reseller.
• TuriTop does not normally become involved in negotiations and is not a party to any legal obligations, nor is it liable for any disputes, losses or damages arising from these transactions with third parties.
• In cases of large-scale distribution agreements, these shall be governed by minimal participation on TuriTop's part, and by the specific conditions of each agreement.

14. Security and Confidentiality

• TuriTop applies security-by-design measures to guarantee the confidentiality, security, integrity and availability of data.
• Both TuriTop and the Client shall maintain the strictest confidentiality and the duty of secrecy regarding the data obtained during the course of the contract.

15. Final Provisions

• The applicable law is Spanish law.
• Any dispute shall be submitted to the exclusive jurisdiction of the Courts and Tribunals of Santa Cruz de Tenerife.

TERMS AND CONDITIONS. FULL CONTENT

 1. About the TuriTop online platform

TuriTop is a technology company engaged in the development and marketing of a Software as a Service (SaaS) suite aimed at companies and professionals. These tools facilitate booking management, receipt of online payments, integration with resale portals, and a wide range of other functionalities that make it possible to automate tasks and improve the service received by the end customer.

The services offered through the platform are those set out therein, and any new service offered by TuriTop will be subject to these Terms and Conditions.

The contractual relationship entails access to and use of the TuriTop platform, under the contracted plan, in exchange for a set price publicly displayed on the website in the pricing section, or in accordance with specific agreements. 

1.1. Object of the contract

These terms and conditions are intended to govern the contractual relationship that arises between TuriTop and the CLIENT at the time the latter expresses acceptance of these terms and conditions, by ticking the corresponding box, during the online registration or contracting process.

In general terms, the contractual relationship entails access to and use of the TuriTop platform, under the contracted plan, in exchange for a set price publicly displayed on the website in its pricing section.

 1.2. Identity of the contracting parties

On the one hand, TuriTop S.L., is the owner of the platform and provider of the services offered through www.turitop.comwith registered office at Avenida del Atlántico, 9, Residencial Winter Gardens, Bloque 3, Oficinas, Tax ID (NIF) B-76534759, and customer/user service telephone number (+34) 922 394 632.

On the other hand, the CLIENT, meaning the individual or legal entity on whose behalf the registration on the platform is completed, whether the user themselves acting in a professional capacity, or an entity represented by the registering user. 

The owner user is the one who accepts these contracting conditions, acknowledges having sufficient capacity to bind themselves as a self-employed professional, or to bind the legal entity they represent, and guarantees the accuracy of the information provided for the proper development of the relationship with TuriTop. The owner user is likewise the one who may create employee users or, in certain cases, provider users.

2. Registration and contracting process

2.1. Registration on the platform

The contracting process begins with registration on the platform, which may be carried out by the client itself or by the TuriTop team based on the Demo account. In all cases the client will have available all information regarding the Terms and Conditions, the data processing agreement, the privacy policy, and pricing. The versions valid at all times are those in Spanish and English.

2.1.2. Registration via trial account (Trial), by the client itself

Once the client creates their own account on the platform, they may enjoy it in full for a maximum free period of 14 days. Once this period has ended, the client will be in a position to choose the plan that best suits their needs and proceed to contract it. See further information on plans at https://www.turitop.com/precios-de-turitop/

2.1.2. Registration via creation of a Demo account by TuriTop

Initial contact

In this case, the registration and therefore contracting process begins with an initial online approach that allows the client to get to know TuriTop and its platform, as well as the existing plans. For this first contact, the client will select the "book a call" option, choosing a date and time for it, and filling in the personal details of the future owner client or their representative.

Creation of the Demo account

Following the meeting and with the client's agreement, the TuriTop team will generate a Demo account in order to present the client with the recommended service options and show them how to use the platform so they can enjoy their trial period in an optimized way, managing their user account from the very first moment. Once the client agrees to contract the service, they may proceed with the contracting process by setting up their payment details and other supplementary information.

2.2 Execution of the contracting process

In both cases, the entire contracting process and acceptance of the offer is carried out online. During the process, the client must accept the offer and make payment of their first installment. The user carrying out this process must have full capacity to represent the client, and the capacity to be legally bound under this agreement. 

3. Pricing, billing and payment

Use of the TuriTop platform generally entails an economic consideration in accordance with the plan information available at any given time. The price to be paid is the one published at the time of contracting, except in specific situations such as:

• Trial period: a 14-day period that allows the client to use the platform free of charge for a maximum term of 14 days. Once this period has ended, the client may contract a plan or will lose access to the platform. 
• Specific agreements entered into with large OTAs and other large-scale collaborators, formalized outside the platform.
• Clients of the Legacy platform with prior agreements and specific rates. 
• Hotel clients and provider users of TuriTop's clients. These are two types of account with restricted services, created specifically to interact in the Marketplace with TuriTop clients. 

In these cases, the application of the Terms and Conditions is limited to matters relating to use, but not to economic or directly related matters. 

3.1. Prices

TuriTop keeps the prices of its products, plans and services up to date. The prices applicable to each product are those published on the website, https://www.turitop.com/precios-de-turitop/, and shall be expressed in euros; the applicable taxes will also be added to these amounts.

3.1.1. Specific offers

TuriTop may apply price exceptions, discounts and other special payment or discount conditions during commercial or loyalty campaigns. In these cases, the benefit applied and its duration will always be duly identified. Any discount or payment exception will have a duration limited to the period indicated when it is applied; once this has ended, the following invoice will reflect the regular price of the service. 

3.1.2 Person responsible for payment and updating of details

The account through which charges are managed is that of the owner user, the same one who accepts these terms and conditions. Please keep your contact details and the profiles of your organization's users up to date in order to avoid administrative issues. 

Please bear in mind that the user accounts created by the owner, of whatever type, are their property and operate under their sole responsibility. 

3.2. Change of ownership of provider accounts 

If a provider-type user wishes to claim ownership of their account and thereby become independent from the original owner client, they may contact sales@turitop.com to initiate the corresponding process and thus become a TuriTop Client enjoying all the privileges of a paid subscription. 

3.3. Price changes or modification of the service

Any change affecting the economic terms in force will be notified by TuriTop to the Client, with thirty (30) days' notice prior to the effective date of the change. The notification will be sent by email to the email address of the administrator user. If the client does not communicate their disagreement with the notified changes, within the corresponding period and form, it will be deemed that they accept them. 

The end of the period for enjoying older plans, the end of a payment-exception period, or the end of a discount period or special offer price, shall not be considered a price change. 

3.4. Billing and payment method

3.4.1 Acceptance and completion of payment details

Once the contracting process has been completed, the Client must access the billing panel to enter the bank card details to be used for paying subscriptions from that point onward. The client must at all times maintain a valid and active means of payment. In the event of a payment issue due to expiry or invalidity of the means of payment, the client must correct the situation as soon as possible.      

3.4.2 Billing cycle

The billing cycle covers one calendar month, from the first (1st) day to the last day of the relevant month. On the first (1st) day of each month, TuriTop will issue the invoice for the current month, which will set out in detail the amounts for each of the contracted services and the subscription fee for the current month, any discounts or promotions that may have been applied, transaction fees relating to the previous month, and any applicable taxes. In the event of any issue with the invoice or its associated documentation, the customer must contact TuriTop as soon as possible to resolve the matter.

The Client may check the status of their billing and contracted services at any time through the platform's control panel.

TuriTop has a payment gateway on its website through which the client may pay, either by debit or credit card. TuriTop offers the highest guarantees of confidentiality and security in the authentication of online service purchases. If the client needs to request payment through other means, they may send their request to sales@turitop.com, and it will be assessed by the TuriTop team.

3.4.3 Billing of subscription changes

The client may make subscription changes between the 2nd and last day of each month. If the subscription change results in a price difference in TuriTop's favor, the charge will be made immediately, since subscriptions are paid in advance; if the balance is in the client's favor, it will be calculated in the settlement on the first (1st) day of the following month and offset against the next invoice. 

3.4.4 Payment issues and non-payment

Notwithstanding the above, the corresponding amount or outstanding balance may be invoiced and sent for collection immediately when:

• The Service is suspended or interrupted as provided for in these terms and conditions;
• The contract is terminated or rescinded.

The Client must pay invoices when due. Unpaid invoices will accrue late-payment interest equal to the statutory interest rate ("legal money interest"), and TuriTop will additionally charge the Client an extra amount of fifteen euros (€15) as a result of the failure or inability to collect the unpaid invoice, by way of compensation for the damages this situation has caused TuriTop.

Non-payments of invoices arising from disputes before payment intermediary platforms will be analyzed on a case-by-case basis. If the dispute is ultimately deemed illegitimate, it will be considered a non-payment of the invoice, and therefore the client must, in addition to the invoice, bear the €15 payment-platform charge as compensation to TuriTop.

TuriTop may assign, in whole or in part, the collection of unpaid invoices to debt collection agencies and/or assign, in whole or in part, the receivable to third parties; all of this in accordance with applicable regulations. If such a transfer of data takes place, the client will be informed prior to the assignment. 

4. Term of the Contract

The contract will be in force from the moment the client accepts the offer of services, giving rise to a subscription that will remain in force on an uninterrupted basis from that moment.

The client may cancel their subscription at any time, an action that results in the suspension of the subscription charge, without prejudice to the settlement of the transaction fees to be settled on the 1st day of the following month. 

The client may not delete their account if they have amounts pending payment. However, while they do not have an active subscription period, they will not be able to use the platform.  

5. Provision of the contracted services: continuity, interruptions and suspensions

TuriTop reserves the right to modify the commercial offer presented on the Website (modifications to products, plans, prices, promotions and other commercial and/or service conditions), in its Policies and in its Terms and Conditions.

Some of the Services offered by TuriTop have additional particular conditions. In that case, the Client must accept, without reservation, such particular conditions of the contracted service. In any case, the Client will have access to these Particular Conditions before the contracting of the corresponding service becomes effective. 

TuriTop undertakes to offer the Client continuous availability of this service. However, TuriTop reserves the right to cancel or interrupt the service if the Client breaches these Terms and Conditions or the Particular Conditions of their Contracted Plan. Cancellations or interruptions of the service may also occur if there is a legal requirement or obligation giving rise to them. 

• Likewise, TuriTop informs the Client that the Service may be temporarily suspended or interrupted in the following cases:
• Delay or default in payment for the Service, for a period exceeding one month from the corresponding payment date.
• Non-payment of the service. 
• An incident relating to the actual existence, on the part of the Client, of the authorizations or requirements necessary for the proper performance of the activity it carries out, or the necessary verification in this regard.
• Interruptions to the Service may also occur due to force majeure or fortuitous events recognized as such by case law, it being understood that this concept includes situations such as: natural disasters, war, a state of siege, disturbances of public order, transport strikes, power cuts, or any other exceptional measure adopted by administrative or governmental authorities. Any other breach by the Client of the commitments described in these terms and conditions, or in the Individual Contract to which they are a party.
• Any other breach by the Client of the commitments described in these terms and conditions, or in the Individual Contract to which they are a party.

Interruptions or suspensions of the service due to non-payment by the client will be maintained for as long as the outstanding amounts remain unpaid. Any costs of reactivating the service will be borne by the client. 

If the interruption or suspension is due to other causes, it may be maintained until any of the incidents or causes that gave rise to it are resolved and/or clarified. In these cases, neither TuriTop nor the Client will assume liability for the circumstances that may have occurred.

6. Customer service.

The Client has several means available for reporting breakdowns, incidents, malfunctions or, in general, matters relating to the contracted services:

• Through the TuriTop control panel
• By sending an email to help@turitop.com. The email customer service is available from Monday to Sunday, except in cases of force majeure.

In addition, TuriTop will offer telephone support to subscribed clients according to the plan contracted by the Client in each case, so the Client must in any case observe the specific contracting conditions to which they have subscribed. 

Calendar and hours of service: 9:00 a.m. to 5:00 p.m. in San Miguel de Abona (Santa Cruz de Tenerife, Spain).

TuriTop has included automatic translation tools that facilitate access in multiple languages for its clients and users; these translations are not reviewed by a human and are therefore not binding. In case of doubt, please consult the official documents (the English and Spanish versions), or consult the customer service team, which will provide its services in English and Spanish.

7. Accepted uses, rules of use, and deactivation or blocking of services 

The user undertakes to make proper use of the platform, of their private area and, in general, of the resources provided by TuriTop, complying with the Conditions set out in this section, as well as the law, morality, generally accepted good practice, and public order.

The user undertakes to use the platform provided by TuriTop only for purposes related to their status as a user, and undertakes not to engage in fraudulent uses or purposes that could be harmful to the rights and interests of third parties, nor to carry out actions that could damage, disable, overload or impair the services and facilities provided, and shall in no way prevent the normal use and enjoyment of the platform by other users. 

In view of the above, to the fullest extent permitted by applicable law, TuriTop reserves the right to revoke the user's access to the Platform, having first notified the user through one of the contact methods provided by the user; to block or prevent the user from using and accessing the platform in the future, including when TuriTop reasonably considers that: 

• (a) the Client's use of the Platform breaches these Terms and Conditions or applicable law, 

• (b) the Client uses the Platform in a fraudulent or improper manner, or there are indications leading TuriTop to reasonably understand that suspicious or fraudulent actions may be taking place. Among others:
  • Activities involving the sale of third-party services through one’s own account, acting as a front agency. This activity will be available exclusively to agencies registered as such in the system, and the products to be resold must be those of suppliers on the TuriTop Marketplace. 
  • Use of the same account to sell the services of two or more companies, regardless of whether the owner is the same. Each Tax ID (NIF) must have its own TuriTop account. 
  • Use of the platform on a white-label basis, removing the "powered by TuriTop" badge when it is included in widgets and other platform tools. 

• (c) TuriTop is unable to continue offering the Services for technical reasons or legitimate business reasons.  

• (d) Users created by the client or owner account use the platform improperly or in accordance with any of the three preceding points. 

• (e) The client maintains inappropriate, aggressive or improper attitudes or behavior, or expresses, verbally or in writing, a lack of respect toward TuriTop employees.

8. Intellectual and industrial property

The platform that TuriTop makes available to the Client under these terms and conditions is owned by TuriTop, which holds title to it and likewise asserts the intellectual property rights of third-party owners of some of the technologies used on its platform; all content, both its own and that of third parties, is protected by 

national and international regulations on intellectual and industrial property, including, by way of example but not limitation, its programming, editing, compilation, designs, logos, text and/or graphics. 

Access to and use of the platform by the Client does not grant them any ownership right over it, nor does it imply, directly or indirectly, any assignment in their favor of intellectual property rights, which are expressly reserved to their legitimate owners.

In view of the above, the Client acknowledges and undertakes to respect all of the intellectual and industrial property rights held by TuriTop, and by its providers, over its platform and all the elements, goods or services that comprise it. 

In this regard, the client acknowledges its obligation to guarantee respect for TuriTop's intellectual and industrial property, undertaking not to remove, diminish or in any way hide its badges, trademarks and other elements of its industrial property. In situations where the client disregards this commitment and this results in harm to TuriTop's rights, the provisions of section 7.b of these Terms and Conditions shall apply. 

The Client may not use the information contained on this platform, nor its design, nor its graphic content, without authorization from TuriTop or, where applicable, from the holders of the intellectual and industrial property rights existing over them. Otherwise, this would constitute a breach of intellectual and industrial property rights. 

The user is not permitted to reproduce, in whole or in part, the contents of the website, nor to use TuriTop's trade name, trademark, image or logo without its prior authorization. 

In the event of a breach by the Client of this clause, in whole or in part, the holder of such intellectual and industrial property rights, whether TuriTop or a third party unrelated to TuriTop, may take whatever legal action is appropriate in defense of its legitimate interests and rights, including claiming compensation for all damages caused, directly or indirectly, to the relevant holder of the affected rights, including all expenses incurred as a result of the foregoing, including, without limitation, all legal representation and/or attorney's fees, defense costs, costs associated with the process and/or judicial proceedings, expert reports, or any other applicable expense.

9. Liability and limits of the service

TuriTop will not assume any warranties or liabilities other than those expressly provided for in these terms and conditions, in the particular conditions, or in applicable regulations.

TuriTop will not be liable, under any circumstances, in cases of force majeure and fortuitous events, nor will it be liable for the lack or inadequate operation and/or provision of services rendered/offered by third parties unrelated to TuriTop, even within the framework of the Service itself, excluding all legal liability in this regard to the fullest extent permitted by Spanish law.

Where TuriTop needs to carry out service downtime for reasons such as maintenance or the addition of new functionalities to the platform, it will notify the Client thereof, except in cases of force majeure, by email sent to the user with the owner or administrator profile, so that they are fully informed of such circumstances; this shall under no circumstances entitle the Client to hold TuriTop liable.

TuriTop will not be liable for (i) any losses not attributable to a breach on its part, (ii) business losses (including loss of profit, revenue, contracts, anticipated savings, data, loss of goodwill or wasted expenditure), (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the purchase of the Products and/or Services was formalized by both parties, or (iv) any system error relating to subscription pricing, which will be communicated to the Client by TuriTop in order to correct it by applying the price corresponding to the subscription chosen by the Client. (v) economic, operational or administrative losses that the client or its clients may suffer as a result of loss of access to the platform in the event of a serious breach in the use of the platform in accordance with section 7 of these terms and conditions. 

In the event that applicable Spanish legislation is modified in relation to the limits of liability or the exercise of rights by the Client, the limits legally established following the legislative modification shall be those applicable.

Likewise, TuriTop will not be liable for:

• Any delay or failure to fulfil its obligations under its terms and conditions, where such delay or failure is attributable to circumstances beyond TuriTop's reasonable control.
• The availability, accessibility, continuity and/or operation of the website.
• The use that Clients make of the existing content or services.
• Links to third parties, if any.
• Content published by Clients by virtue of having an account in the TuriTop booking system.
• Cancellation of the service due to compliance with a request from the competent judicial or administrative authorities.

The Client shall be liable for the damages or losses that TuriTop, other Users of the Platform and/or third parties may suffer as a result of the Client's breach of the obligations assumed in relation to these Terms and Conditions.

TuriTop strives to provide a secure and efficient platform for receiving payments and issuing invoices. However, it does not assume any liability or obligation in relation to Clients' compliance with legislation and tax matters. In this regard, Clients acknowledge that any problem, dispute, penalty or legal consequence arising from their breach of laws and regulations is their sole responsibility.

Without prejudice to the foregoing, contracting services provided by TuriTop necessarily entails acceptance of the following exclusions of liability:

• The user who, within the scope of our website and the services provided, acts on behalf of and as a representative of a company, or of any type of legal entity, acknowledges that they have sufficient capacity to lawfully represent it.
• If an employee contracts services from TuriTop on behalf of their company, TuriTop will not be liable for any issues arising in the event of that employee leaving, being dismissed, or otherwise ceasing to be part of the company for any reason. TuriTop has no way of knowing the specific conditions of each user, nor of restricting their access to our services, so it is the company's responsibility to notify any circumstance affecting the foregoing that should be taken into account. 
• In line with the preceding paragraph, TuriTop will not, under any circumstances, be liable for access, use of the platform, expenditure or use of plans, contracting of services, or other possible circumstances, carried out unlawfully as a result of circumstances not reliably notified to TuriTop. If necessary, TuriTop may provide a history of access to and use of the platform, in order to confirm that no issues have occurred.

10. Personal data protection

10.1 Information on data processing on the platform

The Client states that they are aware of and comply with Spanish and European legislation on the Protection of Personal Data, and specifically with the GDPR, the LOPDGDD, and the LSSI, and undertakes to respect and comply with such legislation throughout the contractual relationship and in their access to the services provided by TuriTop.

For its part, TuriTop complies with the corresponding European and Spanish regulations and, specifically and without limitation:

• 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, and repealing Directive 95/46/EC (hereinafter, the "GDPR"). 
• Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the Guarantee of Digital Rights (hereinafter, the "LOPDGDD").  
• Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (hereinafter, the "LSSI").

Purposes of the data processing

TuriTop, S.L., as data controller, will process the personal data of Clients (users of its services and, where applicable, representatives and employees of legal entities) for the following purposes:

1. To manage their registration, process the selected service subscription, carry out the provision of the contracted service, enable access to the platform, carry out the integrations necessary for particular services, and manage billing and payment for their services. 
2. TuriTop may process data relating to owner accounts, as well as those of suppliers, hotels and any other type of account created to be independent, or with the capacity to be so, in order to monitor their usage, present new services or improvements to those already contracted, make commercial offers and follow up on these. All of the above is based on legitimate interest, and for this purpose TuriTop may use the platform itself, contact details (email, telephone number, address), as well as messaging apps such as WhatsApp or Telegram. 
3. To keep a record of transactions enabling their traceability and enabling compliance with current tax legislation, or with the requirement to establish legal liability. 
4. To compile usage statistics for the platform in order to improve the functionalities implemented, as well as to identify needs and points of efficiency to be implemented. 
5. To store data of the client, its customers and providers, and any other type of information necessary for maintaining information for the self-imposed retention periods, as well as those required by law.
6. To maintain control and a record of user access in order to guarantee the security of the system and the traceability of user and privilege management. 

Legal bases for the data processing

The legal basis for the processing of data is the performance of a contract, the recording of platform usage statistics, transactions, access logs, and compliance with voluntary retention periods (Art. 6.1.b GDPR); compliance with legal obligations regarding minimum retention periods required by applicable legislation, and the recording of economic or contractual transactions (Art. 6.1.c GDPR); legitimate interest will be the basis applied for the processing of personal data for marketing and advertising purposes, on the understanding that the data recorded is professional or corporate data, and this basis will also apply to the recording of platform usage statistics (Art. 6.1.f GDPR); and finally, with regard to the data of contact persons, employees, legal representatives or similar persons, where data is processed during the performance/execution of the contract, it will be processed for the proper performance of the contract, on the basis of the legitimate interest of the parties, in accordance with Article 19 of Organic Law 3/2018 (LOPD).

Disclosure of data to third parties

The personal data of platform users will not be disclosed to third parties, except for the exceptions legally provided for Judges and Courts, and Public Administrations. In the case of agreements between platform users through the Marketplace, the data that the parties exchange between themselves will be their own responsibility, and TuriTop will bear no liability in this regard. 

International data transfers

TuriTop is a technology platform that uses services from various providers of management, communications, storage and API services integrated into its platform. Many of these services have their main offices in the US and, therefore, the data processing carried out on the platform may involve international data transfers covered by the European Commission Decision approving the EU-U.S. Data Privacy Framework.

Rights of data subjects

TuriTop guarantees the exercise of the rights of access, rectification, erasure, objection, restriction, portability, and the right not to be subject to automated decisions, including profiling; users affected by the application of legitimate interest, insofar as the contact details include personal data, may object to the processing of their data at any time. 

These rights may be exercised at the postal address indicated in these Terms and Conditions or via email at ayuda@turitop.com, or before TuriTop's data protection officer, at dpo@turitop.com. Requests to exercise rights will be resolved within a period not exceeding thirty days. To exercise these rights, the data subject may request specific forms from TuriTop; they may also download the forms made available by the Spanish Data Protection Agency (AEPD) on its website, www.aepd.es. If a User believes that their rights have not been respected, they may file a complaint with the Spanish Data Protection Agency (www.aepd.es). 

10.2 Data processing agreement (DPA)

TuriTop, as owner of the platform, hosts on its servers information belonging to CLIENTS, their users, and their end customers, including data collected in provider-type accounts created by the CLIENT. This, in accordance with applicable data protection legislation, gives TuriTop the status of data processor. 

In this regard, TuriTop provides its customers with the data protection agreement which governs compliance and liability on the part of both parties, in particular TuriTop, ensuring full compliance with the regulations in force at any given time. You can find this document during the registration process on the platform, during the booking process, and in your user dashboard. https://www.turitop.com/tratamiento-de-datos/

The Client must enter into data processing agreements with its Provider Users and with any other service provider to which it grants access to the platform as an external user. 

11. Termination or expiry of the contract

The contract between the parties may be terminated at any time for the following reasons:

End of the trial period without the client proceeding to contract a plan. 

Agreement between the parties, or withdrawal or renunciation by one of them. 

Voluntary cancellation of the subscription or suspension of payment by the Client, in accordance with section 11.1.

Serious breach of the contract by either party, of any of the obligations provided for, in particular due to non-payment or delay in payments by the client. 

• End of the contracted term or of the provision of the services. 
• Specific causes provided for, where applicable, in the particular conditions applicable to the Client. 
• Supervening impossibility of providing the service.
• Death, declaration of death, dissolution or extinction of either party.
• The occurrence of any other causes which, consistent with applicable Spanish law, could give rise to such termination and/or rescission.
• The client maintains inappropriate, aggressive or improper attitudes or behavior, or expresses, verbally or in writing, a lack of respect toward TuriTop employees, as set out in section 7.e.

In cases of payment default, in addition to the amounts owed, TuriTop may claim from the Client any interest and expenses arising from such defaults. Likewise, where applicable, TuriTop may claim from the Client payment of any damages caused to it.

Termination of the Contract between the parties entails, in addition to the definitive and immediate discontinuation of the Service, the automatic return by the Client to TuriTop, or to the entity/entities specifically designated by TuriTop for this purpose, and in any event within a maximum period of forty-eight (48) business/working hours, of the IT equipment, goods and other elements associated with the Service that the Client has in its possession and that it received from TuriTop within the framework of the Service, in the same condition in which they were received by the Client.

The grounds for termination or rescission set out in these terms and conditions shall apply automatically, without the need for further notice or additional request to the Client by TuriTop.

11.1 Subscription management. Voluntary cancellation or modification of contracted plans and services

The Client may cancel their subscription, pause payment, or modify their plan and any aspect related to their subscription at any time, at no additional cost, except on the first day of each calendar month (cut-off date), on which requests of this type will not be processed, as this coincides with the closing of the transaction-fee calculation period. Requests will take effect from the following billing period.

To do so, the Client may use the self-management options available in the control panel, under: Company > billing information > Cancel account https://help.turitop.com/hc/en-es/articles/360020128879-How-to-Cancel-your-TuriTop-Subscription . The request will be processed by TuriTop within a maximum period of 72 hours, at which point cancellation will take effect. Cancellation of the account by the Client will result in the limitation or removal of access to the Platform; the Client may continue to use the platform until the end of the period already paid for. Once that period has elapsed, access to the functionalities will be suspended, but the account and data will be retained in accordance with the provisions of section 11.2.

11.2 Availability of data upon termination of the contract 

Unless expressly requested otherwise by the client, TuriTop will keep the data of their account available and accessible for a period of one year. The client will have it available in a commonly used and interoperable format so that they can download it at any time. 

Once this period has elapsed, only administrative and management data will be retained, until the periods required for the establishment of legal liability have expired. 

Further information on the retention of personal data hosted on the platform, when TuriTop acts as data processor, can be found in the data processing agreement. Queries regarding data processing can be sent to dpo@turitop.com.

12. Use of applications and integration with Artificial Intelligence APIs

12.1. Improving TuriTop's efficiency, performance and management 

TuriTop has integrated an artificial intelligence system into its administrative management and customer service in order to handle queries and provide assistance to clients and users. The tools chosen for this purpose have been selected in accordance with current data protection regulations and applying a wide range of logical and organizational security measures.

TuriTop will always inform the user when they are interacting with a bot. It is important for the user to bear in mind that communication with the bot is not the same as communication with a human, but rather an automated system designed to help. While it can provide useful responses, its assistance has limits and does not replace human attention when this is necessary, which TuriTop makes available to the user through the channels set out in section 6 of these terms.

Likewise, we inform you that TuriTop is undergoing continuous improvement and, in the event of implementing changes, modifications or significant new uses involving artificial intelligence, it will duly inform its clients. 

13. TuriTop Marketplace: Resellers, providers and hotels

13.1. The TuriTop platform as a technological tool

Our platform acts solely as a technological tool to facilitate the connection between experience providers and resellers of their services.

The contractual legal relationship is established solely and exclusively between the experience provider and the reseller. All sales, prices, availability, terms and conditions related to such experiences are established and agreed directly between these parties.

As a general rule, TuriTop does not intervene in the negotiation between the parties and, therefore, bears no liability for the agreements they reach. In these cases, TuriTop does not participate in, validate, or enforce any agreement, nor does it guarantee the fulfilment of any obligation assumed by either party.

Resellers are fully responsible for ensuring that their activities comply with all applicable laws and regulations, including, but not limited to, consumer protection laws, tax laws, and privacy laws.

In this regard, the CLIENT acknowledges and accepts that TuriTop is not liable for any dispute, loss, cancellation or damage that may arise from such transactions between third parties.

13.2. Large-scale distribution campaigns promoted by TuriTop

On certain occasions, TuriTop may enter into distribution agreements with platforms with wide reach, from which its experience-provider clients may benefit. When this occurs, the agreement on the terms of provision of the distribution service, as well as the making available of specific content prepared by TuriTop (product landing pages, etc.), among others, will initially be formalized by TuriTop with the distributor, and provider clients will subsequently be informed of the agreement so that they may join it if they wish. 

In these cases, TuriTop acts as an intermediary in respect of the agreement, providing technical resources and clear and transparent information to the provider client. Payments and the fulfilment of obligations by both the distributor and the provider will be the responsibility of both parties, and TuriTop will not be liable for disputes, losses, cancellations, or any damage or loss of profit suffered by the distributor or the provider. 

14. Security measures and confidentiality of information

TuriTop is firmly committed to everything related to Information Security and the security of personal data. For this reason, we apply all necessary measures to ensure the correct use and storage of data.  

Safety measures: TuriTop has implemented the security-by-design and by-default measures necessary to guarantee the confidentiality, security, integrity and availability of data. Likewise, and on an ongoing basis, it will implement as many technical and administrative improvements as it considers appropriate, fostering a climate of proactivity and prevention in accordance with the National Security Framework (Esquema Nacional de Seguridad) and the ISO 27001 standard. 

TuriTop will not be liable for theft, loss, or unauthorized access in cases where third parties, taking advantage of technological developments and unpublished security flaws, act without TuriTop's consent, regardless of the purpose for which they do so. Likewise, TuriTop is exempt from any liability for the loss of information and/or confidentiality associated with cases of force majeure or fortuitous events.

Data protection principles: TuriTop complies with the data protection principles required by the GDPR (EU) 2016/679 and the LOPDgdd 3/2018. It has also put in place measures to facilitate compliance with these requirements in relation to the data that any user processes via this platform. Nevertheless, users must comply with the principles of information, confidentiality and consent, amongst others, in relation to personal data. TuriTop shall only be responsible for the data processing carried out by its staff, and for the security measures it must implement to ensure the confidentiality, integrity, security and availability of the information on this platform. TuriTop shall not be responsible for any data processing other than that described above. You can find further information on TuriTop’s processing of personal data in our privacy policy.  https://www.turitop.com/politicas-de-privacidad/ or in the data processing agreement that, where applicable, you enter into as a TuriTop Client.

Confidentiality: the information processed by TuriTop, as a necessary part of the provision of the service, will be processed by TuriTop with due confidentiality, and making lawful and appropriate use of the information in accordance with applicable law. In addition, TuriTop guarantees that staff authorized to process personal data have undertaken to respect the confidentiality of the information they handle. Both TuriTop and the Client guarantee that they will maintain the strictest confidentiality and express compliance with the duty of secrecy in relation to the data that each may have learned of from the other, and which were obtained in connection with the performance of the contract, during the term of the provision of services and after its termination. TuriTop, during and after the term of this agreement, will treat all information owned by the Client as strictly confidential, taking the necessary measures to ensure that its content is not disclosed to third parties, nor that they may have access to it without the express authorization of the controller. 

If, during your use of the platform, you become aware of a possible incident, regardless of its nature, please notify us as soon as possible. The proper functioning of the system, and its improvement, is in everyone's hands.

15. Modification of the Terms and Conditions

The Client shall be subject to the terms and conditions, policies and contracting conditions in force at the time of contracting the service. 

Where a regulation so requires, this content may be modified. Likewise, it may be modified by TuriTop at any time for legal, technical, organizational, operational, economic, service-related or market-related reasons. In such cases, if the change affects the rights and freedoms or agreements in force with the client, TuriTop will inform the Client of such modification in advance, so that they are aware of it and so as to facilitate the exercise of their rights. If the Client does not agree with the proposed modifications, they may terminate the service without penalty for this reason, by notifying TuriTop before the effective date of such modifications, through the contact details provided for this purpose.

The declaration that any one or more of the clauses provided for in these conditions is null, invalid or ineffective shall not affect the validity or effectiveness of these terms and conditions as a whole, which shall remain binding on the parties. Likewise, TuriTop's failure to exercise any action, right or condition contemplated in these terms and conditions shall not constitute, in any way, a waiver thereof, except by express written acknowledgment to that effect on its part.

16. Jurisdiction and applicable law

These General Contracting Conditions shall be governed by and construed in accordance with Spanish law.

Any dispute arising from the interpretation or performance of these General Contracting Conditions shall be submitted to the exclusive jurisdiction of the Courts and Tribunals of Santa Cruz de Tenerife, to which each of the parties agrees to submit for this purpose, waiving any other jurisdiction that may apply to them.