Contracting Terms and Conditions

This contractual document will govern the contracting of products and services through the website www.turitop.com, owned by TuriTop S.L., with Tax Identification Number (C.I.F.) B-76534759, located at Avenida del Atlántico, 9, Residencial Winter Gardens, Bloque 3, Oficinas, 38639 San Miguel de Abona, Santa Cruz de Tenerife, and registered in the Mercantile Registry of Tenerife, Volume 3177, Folio 38, Page 1ª, hereinafter, TuriTop.

Acceptance of this document implies that the user:

• Has read, understands, and agrees with what is stated herein.
• Is a person with sufficient capacity to contract.
• Assumes all the obligations and agreements reflected herein.

These conditions will have an indefinite validity period and will be applicable to all contracts made through the TuriTop website.

1. About TuriTop’s Online Platform

TuriTop is a tech company dedicated to the development and marketing of a Software as a Service (SaaS) Suite, intended for businesses. These tools facilitate booking management, online payment reception, integration with resale portals, website construction, and a large number of other functionalities that allow automating tasks and improving the service received by the end client.

The services offered by the platform are those listed therein. Unless otherwise stated, any modification of the Services or any new Service offered by TuriTop will be informed through the Platform and will be subject to these Terms and Conditions.

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 moment the latter expresses its acceptance, during the online contracting process, by checking the corresponding box.

The contractual relationship entails access to and use of the TuriTop platform, in the contracted modality in exchange for a determined price and publicly displayed through the website in its prices section.

1.2. Identity of the Contracting Parties

On the one hand, the supplier of the goods or services contracted by the user is TuriTop, S.L., with registered office at Avenida del Atlántico, 9, Residencial Winter Gardens, Block 3, Offices, Tax Identification Number (NIF) B-76534759, and with customer/user service telephone number (+34) 922 394 632.

And, on the other hand, the CLIENT, who will register on the platform in their own name in their capacity as an independent professional, or as a representative of a legal entity. By accepting these terms and conditions, the user confirms they possess the legal capacity to enter into a binding agreement as an independent professional, or the legal entity they represent, and guarantees the veracity of the data they provide for the proper development of the relationship with TuriTop.

2. Contracting Process

2.1. Contact and Information Request

The contracting process begins with an initial online approach that allows the client to become familiar with  the platform and the service options that best suit their needs.

For maintaining this initial contact, identification and contact details will be required. You can learn about the processing of your personal data by visiting our privacy policy.

2.2. Client Account Setup and Trial Phase

To ensure clients have a seamless initial experience on the platform, the TuriTop team will generate a user account that they can manage later using a username and password, being responsible for it from the moment the team sends the client the access data.

For the purpose of completing the trial and maintaining the pre-contractual relationship, TuriTop will process the personal data of the contact person who acts as the account holder. You can learn about the processing of your personal data by visiting our privacy policy.

2.3. Offer Presentation and Contracting of Services

Upon defining the optimal plan or configuration for the client, TuriTop will present the offer in an online meeting or via email. The client’s acceptance of this offer will initiate the  provision of services by TuriTop.

The entire contracting process and acceptance of the offer are performed online. During the process, the client will have to accept the offer and proceed with its payment.

The user who carries out this process must have full capacity to represent the client, and the capacity to legally bind them in this agreement.

3. Prices, Billing, and Payment

3.1. Prices

TuriTop keeps its product, plan, and service prices up to date. The prices applicable to each product are those published on the website and will be expressed in EURO currency. Applicable taxes will be added.

3.2. Change of Prices or Modification of the Service

Any change that affects the agreements in force will be communicated by TuriTop to the Client, with a prior notice of (90) days regarding the effective date of the change. The communication will be made via an email, sent to the email address of the user administrator or account holder. If the client does not communicate their objection to the communicated changes within the specific period and form, the client will be deemed to have accepted the changes.

Please keep the contact information and user profiles of your organization updated to avoid administrative incidents.

3.3. Billing and Payment Method

Once the contracting process has been completed, the Client must access the billing selection panel to fill in the bank card details with which they will make the payment of the subscriptions from that moment on.

TuriTop will issue a monthly invoice in which the amounts corresponding to each contracted service, any discounts or promotions applied, and all legally applicable taxes will be detailed.

The billing cycle will be monthly and, unless indicated otherwise, will refer to the service enjoyed in the preceding period. However, the corresponding amount or outstanding balance may be billed and sent for collection immediately when:

• The suspension or interruption of the Service occurs as provided in these terms and conditions;
• The termination or resolution of the contract occurs.

The Client must pay the invoices upon their due date. Unpaid invoices will accrue a late payment interest equal to the legal interest of money, and, in addition, TuriTop will charge the Client an additional amount of fifteen (15) euros as a consequence of the lack or impossibility of collecting the unpaid invoice as compensation for the damages that this situation has generated.

TuriTop may totally or partially assign the collection of unpaid invoices to collection entities and/or totally or partially assign the credit to third parties; all in accordance with the applicable regulations. In the event that this communication of data occurs, the client will be informed prior to the assignment.

TuriTop provides as a form of payment the payment gateway available on the Website, through the use of your debit and/or credit card, offering the highest guarantees of confidentiality and security in the authentication of online service purchase. If the client needs to request payment through other means, they can send their request to sales@turitop.com, and it will be evaluated by the TuriTop team.

4. Duration.

The contract will be valid from the moment of acceptance of the offer of services by the client, giving rise to a subscription that will remain valid uninterruptedly from that moment.

Due to the specific agreements of commissions and revenue, the Client will not be able to pause their subscription at any time, being obligated to pay TuriTop the amounts that correspond at each time. The interruption or pause of the subscription will only be possible through an express agreement of the parties and may not exceed one year in duration (1 year).

The above will be the normal course of events, regardless of the possibility of suspension or interruption of the Service during the term of the contractual relationship between the parties, or the termination and/or early resolution thereof as provided in these Terms and Conditions.

5. Provision of Contracted Services: Continuity, Interruptions, and Suspensions

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

Certain Services offered by TuriTop may be subject to additional specific terms and conditions. In these cases, the Client must accept both these specific terms and the General Terms and Conditions, without reservation.The Client will have access to these Particular Conditions before the contracting of the corresponding service becomes effective.

TuriTop is committed to offering continued availability of this service to the Client. However, TuriTop reserves the right to cancel or interrupt the service if the Client violates 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 that motivates them.

Likewise, TuriTop informs the Client that the Service may be temporarily suspended or interrupted in the following cases:

1. Delay or tardiness in the payment of the Service, for a period exceeding one month, counted from the agreed payment date according to the terms established for this purpose in the Individual Contract.
2. Non-payment of the service.
3. Incident regarding the correct and/or adequate personal use of the Service under the terms provided in these terms and conditions.
4. Incident regarding the effective occurrence in the Client of the necessary authorizations or requirements for the correct development by them of the activity
5. Any other breach of the Client’s commitments as described in these terms and conditions, or the Individual Contract they adhere to.
6.  There may also be interruptions in the Service caused by force majeure or as recognized by legal precedent, it being understood that this concept includes events such as: natural disasters, war, a state of siege, public disorder, transportation strikes, power outages, or any other exceptional measure adopted by administrative or governmental authorities.

Service interruptions or suspensions due to non-payment by the client will remain in effect until the outstanding amounts are paid by the Client. And if there is any service reactivation cost, it will be borne by the client.

In the event that the interruption or suspension is due to other causes, it may remain in effect until any of the incidents or causes that motivated it are resolved and/or clarified. In these cases, neither TuriTop nor the Client will assume responsibility for the circumstances that may have occurred.

6. Customer Service.

The Client has several means to communicate faults, incidents, malfunctions, or, in general, issues related to the contracted services:

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

Additionally, TuriTop will offer telephone support to subscribed clients according to the plan contracted by the Client in each case, so in any case the Client must adhere to the specific contracting conditions subscribed. Service calendar and hours: 9:00 AM to 05:00 PM in San Miguel de Abona (Santa Cruz de Tenerife, Spain).

7. Accepted Uses, Rules of Use, and Deactivation or Blocking of Services.

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

The user commits to use the platform provided by TuriTop only for purposes related to their user status and undertakes not to carry out fraudulent uses or purposes that may be harmful to the rights and interests of third parties, as well as not to carry out actions that may damage, disable, overload, or deteriorate the services and benefits provided and will not impede, in any way, the normal use and enjoyment of it by other users.

Therefore, to the maximum extent permitted by applicable law, TuriTop reserves the right to revoke the user’s access to the Platform, previously informing the user through any of the contact methods provided by them; to block or prevent them from using and accessing the platform in the future, including when TuriTop reasonably considers that:

• The Client’s use of the Platform violates these Terms and Conditions or applicable law,
• The Client uses the Platform fraudulently or improperly, or there are indications to reasonably understand that suspicious or fraudulent actions may be taking place.
• TuriTop cannot continue to offer the Services for technical reasons or legitimate business reasons.

8. Intellectual and Industrial Property.

The platform that TuriTop makes available to the Client based on these terms and conditions is the property of TuriTop, which holds its ownership and also claims 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, but not limited to, its programming, editing, compilation, designs, logos, text, and/or graphics.

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

By virtue of the foregoing, the Client acknowledges and undertakes to respect all intellectual and industrial property rights held by TuriTop, and its suppliers, over its platform and all elements, goods, or services that comprise it.

The Client may not use the information contained in this platform, nor the design, nor its graphic content without the authorization of TuriTop or, where appropriate, the owners of the intellectual and industrial property rights that exist over them. Otherwise, they would be violating intellectual and industrial property rights.

The user is not allowed to carry out the reproduction, whether total or partial, of the web’s contents, nor to make use of the commercial name, brand, image, or logo of TuriTop without their prior authorization.

If the Client violates this clause, in whole or in part, the owner of the intellectual and industrial property rights, whether TuriTop or a third party, may take legal action to protect their rights and interests. This includes claiming compensation for all direct and indirect damages and losses, as well as all related expenses, such as legal and lawyer fees, defense costs, process and judicial expenses, expert opinions, and any other applicable costs.

9. Liability and Service Limits.

TuriTop will not assume more guarantees or responsibilities than those expressly provided in these terms and conditions, in the particular conditions, or in the regulations that are applicable.

TuriTop is not liable for force majeure events or the actions of third-party service providers, even when those services are related to TuriTop’s offerings. This exclusion of liability extends to the maximum extent permitted by Spanish law.

TuriTop will notify the Client via email (to the account owner or administrator) of planned service interruptions for maintenance or new features, except in cases of force majeure. The Client shall not hold TuriTop liable for such interruptions.

TuriTop is not liable for: (i) losses not caused by its breach; (ii) business losses (including lost profits, income, contracts, anticipated savings, data, goodwill, or unnecessary expenses); (iii) indirect or consequential losses not reasonably foreseeable by both parties when the purchase of Products/Services was finalized; or (iv) any system error in subscription pricing, which TuriTop will communicate to the Client to correct and apply the appropriate price for the chosen subscription.

In the event that the applicable Spanish legislation undergoes any type of modification in relation to the limits of liability or exercise of rights by the Client, the legally established limits after the legislative modification will be those applicable.

Likewise, TuriTop will not be responsible for:

• TuriTop will not be liable for any delays or failures to meet its obligations under these terms and conditions if such issues are due to events outside of its reasonable control.
• The availability, accessibility, continuity, and/or functioning of the website.
• The use that Clients make with respect to the existing contents or services.
• Links to third parties, if any.
• The content that Clients publish when they have an account in the TuriTop reservation system.
• The Service cancellation due to the mandate of competent judicial or administrative authorities to fulfill a requirement.

The Client will be liable for the damages or losses that TuriTop, other Users of the Platform, and/or third parties may suffer due to the breach by the Client of the obligations assumed related 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 responsibility or obligation in relation to the Client’s compliance with legislation and taxation. In this sense, Clients acknowledge that any problem, dispute, sanction, or legal consequence derived from their non-compliance with laws and regulations is their sole responsibility.

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

1. Any user who, within the scope of our website and services provided, acts on behalf and representation of a company, or any type of legal entity, acknowledges that they have sufficient capacity to lawfully represent it.
2. In the event that an employee contracts services in TuriTop on behalf of their company, TuriTop will not be responsible for any incidents arising in case of resignation, dismissal, or if, for any reason, the employee ceases to be part of the company. TuriTop does not have the capacity to know the specific conditions of each user or to limit their access to our services, so it is the responsibility of the company to notify any circumstance that affects the foregoing and that should be taken into account.
3. In line with the previous section, TuriTop will not, in any way, be responsible for accesses, platform usage, spending or plan usage, service contracts, or other possible circumstances, carried out unlawfully, due to the occurrence of circumstances not reliably communicated to TuriTop. If necessary, TuriTop can provide a history of platform accesses and uses of the same, in order to corroborate that no incidents have occurred.

10. Information on Personal Data Protection

10.1 Data protection of signatories, contact persons, and internal users

The Client declares that they are aware of and comply with Spanish and European legislation on Personal Data Protection, and specifically with the GDPR, Spanish Data Protection Act (LOPDGDD), and Spanish Law on Information Services and Electronic Commerce (LSSI), and undertakes to respect and comply with them throughout the contractual relationship and when accessing 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, “GDPR”)
• Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter, “LOPDGDD”)
• Law 34/2002 of July 11, on Information Society Services and Electronic Commerce (hereinafter, “LSSI”)

TuriTop, S.L., as the data controller, will process the personal data of Clients (users of its services and, where applicable, representatives and employees of legal entities) for the purposes of managing their registration, processing the selected service subscription, providing the contracted service, enabling access to the platform, performing the necessary integrations for specific services, and managing the billing and payment of their services.

The lawful bases for data processing are the execution of a contract (art. 6.1.b, GDPR), compliance with legal obligations (art. 6.1.c, GDPR) and, with regard to data of contact persons, employees, legal representatives or similar, whose data is processed during the development/execution of the contract, they will be processed for the correct development of the contract, based on the legitimate interest of the parties, in accordance with article 19 LOPDgdd 3/2018.

The personal data of the platform users will not be disclosed to third parties, except for the exceptions legally provided for judges, courts, and public administrations.

International data transfers: TuriTop is a technological platform that uses services from various management, communications, storage, and API providers integrated into its platform. Many of these services are headquartered 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-US Data Privacy Framework

TuriTop guarantees the exercise of the rights of access, rectification, erasure, objection, restriction of processing, portability, and the right not to be subject to automated decisions, including profiling. These rights may be exercised at the postal address indicated in these Terms and Conditions or by email at help@turitop.com, or by contacting TuriTop’s data protection officer at dpo@turitop.com. Requests to exercise these rights will be resolved within a period of no more than thirty days. To exercise these rights, the interested party may request specific forms from TuriTop; they also have the option of downloading the forms made available by the Spanish Data Protection Authority (AEPD) on its website, www.aepd.es. If a User believes their rights have not been respected, they may file a complaint with the Spanish Data Protection Authority (www.aepd.es).

For more information about data processing, please visit our privacy policy.

10.2 Data Processing Agreement

As the owner of the platform, TuriTop hosts information about TuriTop’s clients and users on its servers. This, in accordance with current data protection legislation, confers the position of data processor. In this regard, TuriTop provides its clients with a data protection agreement that regulates compliance and liability of both parties, particularly TuriTop, ensuring full compliance with the regulations in force at all times.

11. Extinction or Termination of the Contract.

The contract may be resolved or terminated for the following reasons:

• By mutual agreement between the parties or resignation of one of them.
• Serious breach of contract by either party of any of the obligations provided for, in particular due to non-compliance or late payment by the customer.
• End of the contract or provision of services.
• For specific reasons provided for, where applicable, in the specific conditions applicable to the Client.
• Due to unforeseen impossibility in providing the service.
• By death, declaration of death, dissolution or extinction of any of the parties.
• Due to the concurrence of any other causes that, in accordance with applicable Spanish legislation, could determine such extinctive and/or resolutive effect.

In cases of non-payment, in addition to the amounts owed, TuriTop may claim from the Client any interest and expenses resulting from such non-payment. Likewise, when this occurs, TuriTop may claim from the Client any damages incurred.

The termination of the Contract between the parties implies, in addition to the definitive and immediate interruption of the Service, also the automatic return by the Client to TuriTop, or those entity/ies specifically indicated by TuriTop for these purposes, and, in any case, within a maximum period of forty-eight (48) business hours, of the computer equipment, goods and other elements associated with the Service that the Client has in its possession and that it has received from TuriTop within the framework of the Service in the same conditions in which they had been received by the Client.

The termination or termination causes set forth in these terms and conditions will be applied automatically, without the need for further communication or additional request to the Client by TuriTop.

11.1 Voluntary cancellation of the contracted service.

The Client may cancel their subscription to the service at any time, without incurring any additional costs, provided that this occurs before the current month’s billing and, in any case, with prior notice to TuriTop, sent at least fifteen (15) days before the end date of the corresponding subscription or plan.

To do so, the Client must complete the form provided for this purpose at https://help.turitop.com/hc/es/articles/360015582519-Cancelar-congelar-cuenta-TuriTop, which will be processed by TuriTop within a maximum period of 72 hours.

Cancellation of the account by the Client will result in the limitation or deletion of access to the Platform.

12. Application Uses and Integration with Artificial Intelligence APIs

Improving TuriTop’s Efficiency, Performance, and Management

TuriTop has integrated an artificial intelligence system into its administrative and customer service management to manage inquiries and provide assistance to customers and users.

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

Likewise, we inform you that Turitop is in the process of continuous improvement and, in the event of changes, modifications, or major uses involving artificial intelligence, it will inform its customers appropriately.

13. TuriTop Marketplace: Resellers

Our platform acts solely as a technological tool, a tech provider that facilitates the connection between experience providers/tours and resellers of their services.

The legal contractual relationship is established solely and exclusively between the experience provider and the reseller. TuriTop has no involvement in these relationships and, in no case, is TuriTop a party to the negotiations or legal obligations that arise between them.

All sales, prices, availability, terms, and conditions are established and agreed directly between the reseller and the provider. 

TuriTop does not participate, validate, or enforce any agreement, nor does it guarantee the fulfillment of obligations between these parties.

TuriTop is not responsible for any dispute, loss, cancellation, or damage arising from transactions between these third parties.

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.

14. Information security and confidentiality measures

TuriTop is firmly committed to all matters related to information security and personal data. Therefore, we implement all necessary measures to ensure the correct use and storage of data.

• Security Measures: TuriTop has implemented the necessary security measures by design and by default to guarantee the confidentiality, security, integrity, and availability of data. Likewise, it will actively implement any technical and administrative improvements it deems appropriate, ensuring a climate of proactivity and prevention. TuriTop will not be liable for theft, loss, or unauthorized access by third parties who, taking advantage of technological developments and unpublished security breaches, act without TuriTop’s consent, regardless of their purpose. Likewise, TuriTop disclaims any liability for the loss of information and/or confidentiality associated with force majeure or unforeseen circumstances.
• 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 included measures to facilitate compliance with the data processed by any user through this platform. Users must comply with the principles of information, confidentiality, consent, and others, regarding personal data. TuriTop will only be responsible for the data processing carried out by its staff and for the security measures it must implement to guarantee the confidentiality, integrity, security, and availability of the information on this platform. TuriTop will not be responsible for any data processing other than the above. You can find more information about the processing of personal data by TuriTop in our privacy policy or in the contract you sign as a TuriTop Client.
• Confidentiality: The information processed by TuriTop, as a necessary part of the provision of the service, will be treated by TuriTop with due confidentiality, making lawful and appropriate use of the information in accordance with current legislation. Furthermore, TuriTop guarantees that the personnel authorized to process personal data have agreed 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 regarding any data they may have learned about each other and that was 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 belonging to the Client as strictly confidential, taking the necessary measures to ensure that its content is not disclosed to third parties, nor can they access it without the express authorization of the data controller.

If you become aware of a potential issue while using the platform, regardless of its nature, please report it to us as soon as possible. The proper functioning of the system or its improvement is in everyone’s hands.

15. Modification of the Terms and Conditions.

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

When required by law, this content may be modified. Likewise, they may be modified by TuriTop at any time for legal, technical, organizational, operational, economic, service, or market reasons. In these cases, if the change affects the rights and freedoms or current agreements with the Client, TuriTop will inform the Client of said modification in advance so that they are aware of them and 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, notifying TuriTop before the effective date of such modifications through the contact information provided for this purpose.

The declaration of any or more of the clauses set forth in these terms and conditions as null, invalid, or unenforceable shall not affect the validity or enforceability 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 a waiver of such action, right, or condition, unless expressly acknowledged in writing by TuriTop.

16. Jurisdiction and Applicable Law.

These General Terms and Conditions of Contract shall be governed by and construed in accordance with Spanish law.

Any dispute arising from the interpretation or execution of these General Terms and Conditions of Contract shall be subject to the exclusive jurisdiction of the Courts and Tribunals of Santa Cruz de Tenerife, to which each party agrees to submit for these purposes, waiving any other jurisdiction that may apply.