Contractual terms between:

My Creative Tours s.l.u., limited company, entered in Tomo 39628, Folio 1, Hoja B 348679, Inscription 1 of the Commercial Register for Barcelona, with Tax Identification Number B64560006, with offices at Paseo Pujades nº29 SA 2º, 08018 Barcelona Spain,

FOR ALL COMMUNICATION PLEASE USE:
Calle Valencia, nº333, 1º - 08009 - Barcelona - Spain

and the Service Provider "name" "surname" accepting the contractual terms indicated below.

Definitions.

“Guide”.
Natural or legal person offering by way of the website www.mycreativetours.com information, accompaniment, guidance and / or assistance services in matters of culture, monuments, art, history, geography, entertainment, social reality, and, in general, any service the purpose of which is to bring specific aspects of a social reality or particular place to the attention of third party natural or legal persons wishing to acquire such services.
The guide or service provider hereinafter referred to as SP.

“Tour or experience”.
Activity organised, directed and carried out by the SP, on his/her exclusive responsibility with the purpose of offering to third parties information, accompaniment, orientation and / or assistance in matters of culture, monuments, art, history, geography, entertainment, social reality, and, in general, any specific aspect of a social reality or particular place, in exchange for consideration.

1. SUBJECT-MATTER OF THE CONTRACT

My Creative Tours s.l.u. hereby undertakes to enable the SP to offer his/her services by way of the website www.mycreativetours.com with a view to them being acquired by third party natural or legal persons by way of the said website, in exchange for consideration as set out in the clause dealing with the price.

The SP must provide truthful information about himself/herself and the services he/she seeks to offer and must comply with the requirements, if any, imposed for the provision of the service in question by the law of the country in which the service will be provided.

2. AGREEMENT

• The SP declares he/she is solely responsible for any type of content posted in www.mycreativetours.com and, therefore, undertakes to assume full liability for such content, holding My Creative Tours s.l.u. harmless in respect of all liability. He/she shall therefore be solely responsible for any damage and loss he/she might cause to third parties and to himself/herself.
• The SP declares that he/she complies, if appropriate, with all of the legal requirements to provide the contracted service. Therefore, My Creative Tours s.l.u. is exempt from all responsibility of the contracted service.
• The SP declares he/she is a person legally of age in accordance with the law of the country in which he/she resides and will provide the service and that he/she has sufficient legal capacity to bind himself/herself to these contractual terms, and in any event declares he/she is a minimum of 18. Notwithstanding the above you accept expressly and without exceptions that access to and use of the website takes place at your sole and exclusive responsibility.
• The SP shall supply truthful and up-to-date information on his details such as identification, personal description, experience, curriculum vitae, etc.
• The SP shall supply truthful information on the services which he provides, terms, characteristics, prices, etc. by way of the website www.mycreativetours.com, by way of written, photographic and / or audiovisual information.
• The SP authorises My Creative Tours s.l.u. to use without any cost the content posted on the website, which includes images, sound, written, visual and audiovisual information, to modify, reproduce, use, adapt, communicate to the public and use it in newsletters or any other media existing at present or which may be created in the future; My Creative Tours s.l.u. is not obliged to preserve the quality or resolution of any picture uploaded to mycreativetours.com. The SP guarantees that the said content does not infringe any third party rights. It also authorises anyone to access and use, view, store, reveal, make public communications of the said content.
• The SP undertakes to behave ethically with those persons who contract his services by way of the website www.mycreativetours.com (see point 5 of this document)
• The SP undertakes to treat the customer in a pleasant manner in accordance with good faith and the law and to provide him with a service in line with the terms published by way of the website www.mycreativetours.com
• My Creative Tours s.l.u. undertakes to supply the SP with a space in the website www.mycreativetours.com for the latter to publish information on his services by means of written text, photographs and audiovisual images.
• As owner of the website, My Creative Tours s.l.u. reserves the right to cancel or erase any information the SP has published in the website, without the need for prior notice and to modify the terms of contracting (see point 4 of this document).
• My Creative Tours s.l.u. does not guarantee the availability of the service and reserves the right to suspend, change or terminate the service.
• The SP shall release My Creative Tours s.l.u. from all liability for any damage which may be caused to it by third parties, which includes customers and potential customers who contract by way of www.mycreativetours.com and the users of the said website.

3. SP RULES

To encourage people to book your newly created tour, we encourage you to apply low fee. Doing so, your tour will be booked and rated sooner.

• SP has to honor every booking made and follow the rules listed in this document, providing the service to all clients who make a reservation.
• Any particular terms and conditions applicable to your tour should be placed on mycreativetours.com web.
• Once the SP has the customers contact details, it will be his/her responsibility to inform the client in case of charging a percentage of your balance in advance for organization costs
• It’s the SP’s responsibility to inform clients about special equipment required as well as physical and /or mental requirements of the experience and tour.
• SP should place a max number of people for each tour.
• SP shall inform the client of his/her terms & conditions for cancellation.
• SP shall inform the client in advance of any potential extra cost or changes in advance.
• SP shall inform the clients of the chosen method of payment for the outstanding balance upon the arrival of clients.
• SP shall be fully liable for any misleading information published by hi/her on the mycreativetours website as also any information transmitted by him/her to the clients.
• SP shall fill out all of the required information. the SP’s profile and tours will have a much higher number of visitors if you include videos and photos.
• The SP may not in any way put links or references to external websites.
• The SP shall not place any sort of direct contact information or external links on any part of the site open to public.

Client “no show”

Should one or more traveler not arrive on the day, time and place agreed, SP shall be obliged to continue the tour with the other clients who have booked the service.

SP “no show”

In the unlikely event of the SP not attending to provide his/her services you are reminded that My Creative Tours slu is a provider of information and not of the tour service and therefore can not be held liable.

However said SP’s data will be updated to include a warning with regards to the reliability or not of his/her services.

4. SUSPENSION OR CANCELLATION OF YOUR PROFILE AND / OR TUOURS

My Creative Tours s.l.u. has the right to suspend or cancel the SP’s profile and all his/her tours when the rating of the SP or SP’s tours falls to an unacceptable level.

My Creative Tours s.l.u. reserves the right to suspend or cancel the SP’s profile and all his/her tours without prior notification. SP can only delete tours or his/her profile provided there are no pending bookings. In the case that the cancellation affects the rights of clients or third parties, My Creative Tours s.l.u. is not responsible.

5. CODE OF CONDUCT

• The SP shall furnish truthful and clear information concerning himself and the services he offers in such a way that the customer knows clearly what type of service he is contracting.
• The SP shall refrain from making false, inaccurate, incorrect statements or any which might induce error or are contrary to the law, morality or good customs; (ii) shall not make any reference to content, statements or propaganda of a racist, xenophobic or pornographic nature, which defend terrorism or is in breach of human rights or in general which might in any way prejudice the good name or the image of mycreativetours.com, the companies of the My Creative Tours s.l.u. group or third parties.
• The SP shall at all times respect the moral and physical integrity of the clients at the same time respect different cultural and ethnical identities.
• SP shall be fully liable for any misleading information published by hi/her on the mycreativetours website as also any information transmitted by him/her to the clients.

6. LIABILITY AND COMPENSATION

• My Creative Tours s.l.u. is not responsible for the information and the content which the SP supplies by way of the website www.mycreativetours.com in any part of the website in the form of written, photographic or audiovisual information or any media existing at present or which may be created in the future, this being the exclusive responsibility of the SP who shall have sole liability to affected customers and third parties.
• If the SP were to infringe the rights of third party natural and / or legal persons such as the right to honour, image rights, privacy, personal data, industrial and intellectual property, etc., he/she shall be liable to third parties and shall hold My Creative Tours s.l.u. harmless as regards all liability.
• However if My Creative Tours s.l.u. becomes aware that the information place in the website www.mycreativetours.com by the SP is in breach of the rights of third parties it may withdraw the said information from the said website immediately and without prior notice.
• The SP shall be solely fully reliable for all information he/she publishes on the website and hence in the event of information being inaccurate, infringing third party rights or legal regulations, etc. he/she shall hold My Creative Tours s.l.u. harmless as regards all liability.
• SP uses the service entirely at his/her own risk accepting full liability. My Creative Tours slu strongly advices SP to recommend clients to contract adequate insurance cover.
• All users of mycreativetours.com do so on their own initiative at their own risk. My creative Tours slu shall not be liable should the user, as a result of using the mycreativetours.com website, infringe any local law.
• SP uses this service entirely at his/her own risk. My Creative tours slu suggests that SP contract a third party insurance policy to cover him/herself against any possible risks including harm or injury to clients, and claims arising as a result of the same. My Creative Tours slu declines all liability in this area.
• My Creative Tours slu advises all users that they undertake to use this service at their own risk and they hold harmless My Creative Tours from any type of action civil or criminal for cause whatsoever.
• My Creative Tours slu advises clients to contract adequate insurance against accident, injury and illness in particular in those areas where special risks will be taken. My Creative Tours slu accepts no liability whatsoever in the case of accident, injury loss of harm.
• The SP declares that My Creative Tours s.l.u. is not affected by any legal relations in the way of contract or tort between the SP and his customers or potential customers, and he shall hence hold it harmless from any liability which might derive from the said relations.

7. GENERAL REPRESENTATIONS AND WARRANTIES

My Creative Tours s.l.u. represents and warrants that the website www.mycreativetours has the technology (software and hardware) necessary at present for accessing and using the same. However My Creative Tours s.l.u. does not guarantee against the possible existence of viruses or other harmful elements, introduced by any means or by any third party, which might cause alterations in the computer systems of the SP, users of the website, customers, etc.

The SP accepts that the website www.mycreativetours.com has been created and developed in good faith by My Creative Tours s.l.u. with information from internal and external sources which is offered in its present state, and that it may contain inaccuracies or errors. For this reason the SP releases My Creative Tours s.l.u. from any liability in relation to the reliability, usefulness or any false expectations the website www.mycreativetours.com might cause him while browsing the same.

For his part the SP warrants that any activities carried on by him by way of the website www.mycreativetours.com will be in accordance with the law, morality, public order, good customs and will in no event be offensive to the other SP, users of the website or third parties or to the good name and commercial image of mycreativetours.com. For his part the SP undertakes not to obstruct the proper functioning of the website in any way or any other technical element capable of damage, and not to transmit to the website or by way of the same any element capable of containing a computer virus or other element capable of totally or partially damaging, intercepting or interfering with the website.

8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS OF MY CREATIVE TOURS SL

All of the content of the website (including, but not limited to, databases, images, drawings, graphics, text files, audio, video and software) are the property of mycreativetours.com, except that provided by the SP, and is protected by national and international rules of intellectual and industrial property. The compilation (in the sense of collection, design, ordering and assembly) of all of the content of the website is the exclusive property of My Creative Tours s.l.u. and is protected by national and international rules of industrial and intellectual property.

All of the software utilised in the use and development of the website is the property of My Creative Tours s.l.u. and is protected by national and international rules of intellectual and industrial property.

The trademarks, name plates, distinctive signs and logos which appear in the website are held by My Creative Tours s.l.u. and are duly registered or in the course of being registered. The names of any other products, services and companies which appear in the website may be registered trademarks of their respective legitimate owners. All texts, drawings, graphics, videos or audio files are the property of My Creative Tours s.l.u. and may not be the object of subsequent modification, copying, alteration, reproduction, adaptation or translation by third parties without the express authorisation of the owners of the said content.

9. NULLITY AND NON-EFFECT OF TERMS

If any of these terms were to be declared totally or partially void or of no effect, such nullity or non-effect shall only affect the said provision or part of the same which is void or of no effect, all other terms remaining in force, the affected provision or part of the same being deemed excluded unless, being essential to these terms, it affects all of them in an integral manner.

10. APPLICABLE LAW AND JURISDICTION

These terms shall be interpreted and governed in accordance with Spanish law. For any dispute deriving from the existence, access, use or content of the terms both the SP and mycreativetours.com, with express waiver of any other forum which might correspond to them, submit to the exclusive jurisdiction of the courts and tribunals of Barcelona.

11. PRIVACY AND PERSONAL DATA PROTECTION POLICY OF MY CREATIVE TOURS SL

The protection of your personal data is a prime concern of mycreativetours.com.

My Creative Tours s.l.u. shall not use or keep your credit card details. Your card details are processed by ClickandBuy or Paypal, depending on the payment method you chose.

Moreover, in order to provide you with secure data transaction we use the VeriSign approval stamp and encryption technology. All sensitive information between you and mycreatours.com will be transferred using SSL VeriSign code encryption.

For the purposes of preserving and guaranteeing your privacy at all times, and in strict compliance with the provisions of Fundamental Law 15/1999, 13 December, on Protection of Personal Data (“FLPD”) My Creative Tours s.l.u. informs you that, by completing the subscription form and accepting it by clicking on the “Accept” button, your personal data will be incorporated to and processed in the files of mycreativetours.com, which, for the appropriate legal purposes, identifies itself as being in charge of the said files.

The SP must complete the subscription form in full. Otherwise My Creative Tours s.l.u. will not be able to give clearance for it to advertise its services in the website. The SP declares that all of the information it supplies for access to this portal and in the course of using the same is true, complete and accurate and undertakes to keep it updated.

My Creative Tours s.l.u. informs you that the gathering of your personal data is for the following purposes: (i) that of offering its services; (ii) commercial and advertising purposes, for services of mycreativetours.com, in respect of products, services, offers, promotions and any other advertising activities; (iii) surveys, statistics and market trend analysis for improvement; and (iv) preparation of service offeror profiles in order to personalise and improve our services.

My Creative Tours s.l.u. might use cookies that save information you provided to us like name and password on your system’s hard drive in order to make your user experience faster. The cookies might be used to analyze how you use the www.mycreativetours.com website in order to save preferences to offer you certain products or services. You can refuse or delete the cookies any time.

The SP may exercise the rights of access, rectification, cancellation and opposition in relation to his personal data, on the terms laid down in the FLPD, the person in charge of processing the data in the files being My Creative Tours slu, offices at Paseo Pujades 29 SA 2, 08018 Barcelona Spain, FOR ALL COMMUNICATION PLEASE USE: Calle Valencia, nº333, 1º - 08009 - Barcelona - Spain.

In compliance with the provisions of the FLPD the SP expressly authorises My Creative Tours s.l.u. to pass his personal data to the other companies belonging to the same group and to all those entities and suppliers with which My Creative Tours s.l.u. reaches commercial agreements, with a view to the latter using it exclusively for the performance of the commercial services and purposes contracted. The SP also gives his express consent to My Creative Tours s.l.u. passing his data to recipients on the terms and conditions referred to above in any country of the world, even if it does not offer a level of protection comparable to that of the FLPD. This authorisation is revocable at any time without retrospective effect.

12. NATURE OF THE CONTRACT

The contractual relation between My Creative Tours s.l.u. and the SP is of a merely civil or, as the case may be, commercial nature in accordance with the provisions of the Spanish Civil Code or Commercial Code, and hence there is no employment relation of any kind between the said parties.

13. AMENDMENT OF THE TERMS AND CONDITIONS

My Creative Tours s.l.u. reserves the right to modify and amend these terms of use from time to time, for any reason, and without prior notice; use of the website following amendments of the terms and conditions indicates express acceptance of said terms and conditions. You are responsible for regularly reviewing these terms of use.