Terms and conditions applicable to services

The ownership of this website, https://www.turixe.com, is held by TURIXE SL, with registered office at Calle Velázquez 15, 1º derecha, 28001 Madrid, hereinafter, TURIXE.

The data of TURIXE are as follows:

• Company name: TURIXE SL
• Registered office: Calle Velázquez 15, 1º derecha, 28001 Madrid
• Contact email: B194030070
• Phone: [email protected]

For all questions you may have regarding these terms and conditions, you can contact us through any of the means indicated above.

TURIXE acts as an intermediary in the booking of activities related to the contact between individuals interested in tourist routes (the Travelers) and guides who organize them (Guides), through its website https://www.turixe.com.

Therefore, TURIXE’s platform allows Guides and Tourists to get in touch to enjoy the different experiences organized by the Guides. In this way, TURIXE operates as a mediation platform.

As a Guide, you perform and organize cultural, entertainment, leisure, and recreational activities (hereinafter Tours), aimed at Travelers, at your own risk and venture and through your own means.

As Guide, registering on this website implies that you are interested in promoting your Tours through TURIXE Platform, to be included in the offered catalog and to be booked by the Traveler.

In case you are an agency or company and invite workers or collaborators to access part or all of your account, it is your responsibility to ensure they comply with these terms and conditions, as well as associated policies.

By registering as Guide you expressly accept that you are responsible for organizing the different types of tours or routes, the safety of the travelers and their physical or moral integrity, as well as the acceptance, rejection, or expulsion of any traveler that may disturb the rest of the route companions.

This also implies that as a tour provider, you guarantee to TURIXE that you will be aware of all obligations that may arise from your activity (for illustrative purposes not limited to; the obligation to respect the marked itineraries where tours can be performed, the local regulations where the tour takes place and any other legal, fiscal or tax obligation, as well as having and keeping up to date all the licenses or certifications necessary and required by the local, regional, or national tourism legislation applicable).

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

TURIXE will not own any content that you publish as a guide on the platform or through it. However, you accept that TURIXE can freely use all the contents or images you publish on the platform for the purposes of publication, modification, transformation, compilation, public communication, and exploitation in any type of support or medium known or to be known, for the whole world territory.

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

• Original content, i.e., created by yourself
• This implies that the publication and use of your content does not infringe, misappropriate, nor violate the rights of third parties, including without limitation; privacy rights, publicity rights, copyright, trademark, or other intellectual and industrial property rights in a broad sense.
• In the case that you use protected content, the responsibility for the payment of copyright fees for content used unauthorizedly falls on you, and you expressly accept that, if the original author claims to TURIXE, we can direct them towards you, to take charge and respond to any eventual conflict of this type.
• In this same line, any possible infringement in terms of advertising, privacy, competition law, if it is attributable to the content published in relation to your photos, texts or any resource used, you also expressly accept that you will personally respond and not TURIXE.
• With the registration as a guide in TURIXE, you acknowledge that you have the right and the legal capacity to comply with these terms and conditions under Estonian jurisdiction.

It is not allowed and, therefore, its consequences will be exclusively your responsibility as a guide, the access or use of the Platform for illegal or unauthorized purposes, with or without economic purpose, and, by way of example but not limited to, it is forbidden:

• Using the Platform in a way that may cause damage, interruptions, inefficiencies, or defects in its functionality or in a third party’s computer;
• Using the Platform for the transmission, installation, or publication of any virus, malicious code, or other harmful programs or files;
• Registering through the Platform with a false identity, impersonating third parties or using a false profile or performing any other action that may confuse other users about the origin of a message
• Accessing without authorization any section of the Platform, other systems or networks connected to the Platform, any TURIXE server or the services offered through the Platform, by means of hacking or falsification, password extraction or any other illegitimate means;
• Violating, or attempting to violate, the security or authentication measures of the Platform or any network connected to it, or the security or protection measures inherent to the contents offered on the Platform;
• Carrying out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Platform or in the systems or networks of TURIXE, as well as in the systems and networks connected to the Platform, such as denial of service attacks;
• Preventing the normal development of promotions or contests or any other activity that may be offered through the Platform or any of its functionalities, either by altering or trying to illegally alter, the access, participation or functioning of those, or falsifying the result of the same and/or using fraudulent participation methods, through any procedure, and/or through any practice that in any way violates these terms and conditions.
• Canceling tours or reservations without prior notice or due to poor organization by the guide.
• Violating Community Rules for Guides.
• Using language or behavior that is sexist, classist, racist, or inappropriate with any member of the Community (Workers of TURIXE, other Guides, or travelers).
• Any attempt of deception or fraud to any member of the Community and/or to TURIXE, including promoting prepaid tours within the tours of the Platform that must be in free-tour format.
• Violating Data Protection regulations. Including but not limiting, using travelers’ data for purposes other than stipulated, such as claims for reviews.
• Using the internal messaging of the platform or the travelers’ data for external commercial purposes to TURIXE.
• Contributing to false opinions or manipulation of the reviews of the tours.
• It is not allowed to use the same title of another tour already published on the platform. Synonyms can be used or highlight other aspects of the tour to create a different title.
• The “how to find the guide” section must be as detailed and descriptive as possible. The meeting point is the most delicate part of a Free Tour as it allows the traveler to finally enjoy the experience.
• Non-payment, generation of negative credits over a long period.
• Assigning No-Shows to Travelers who have performed the tour. The detection of dishonest use in marking no shows (marking as no shows Travelers who do attend the tour) recurrently, will result in the suspension of the return of the credits corresponding to the no shows marked by such account for a minimum period of 30 days. Once said minimum of 30 days has passed, and in case of detecting a good use of the no show system, the PRO account may return to its initial operation.

TURIXE may delete or block the account of any guide for any reason, including the breach of the aforementioned conditions, without prejudice to the legal and/or administrative actions that TURIXE may undertake against the offending guide. The deletion of the account will not in any case entail compensation for damages.

Therefore, and in this line, TURIXE before undertaking such actions may delete the guide's contents as necessary, to ensure respect for the terms and conditions that you have expressly accepted, for example, by communication from the copyright holder of photos published.

TURIXE is not obligated to store copies of the user content nor to provide such copies.

• It is not allowed for the same user to have more than one Hobby account.
• It is not allowed to create several tours for the same route.
• It is not allowed to promote the same tour on more than one account. Nor is it allowed more than one ad per tour, even through different guides.
• For each Tour, it will only be possible to publish two schedules a day, such schedules will have to have a minimum difference of two and a half hours between them.
• Under no circumstances is it allowed the joining of Travelers from different tours in the same event.
• False cancellations cannot be made.

TURIXE may delete or block the account of any Hobby guide who violates the aforementioned conditions or engages in any other behavior deemed inappropriate, or for any other reason unrelated to the user's behavior, without providing an explanation. The account deletion will not, in any case, result in compensation for damages.

With the exclusive purpose of carrying out the organization and realization of the tours published on the platform, the Guide is enabled, in the condition of data processor, to process on behalf of TURIXE (data controller) the identification and contact data of the users who book a place in the tours published.

The processing will consist of access to the personal data of the users who have enrolled in a tour published by the Guide and, where appropriate, the registration of the data for contact with the interested parties and the organization of the tour.

The data accessed by the Guide is limited to the minimum necessary for the identification and contact with the interested parties.

This clause, regarding the processing of personal data, will be applicable while the Guide can access the personal data of the users through the platform.

However, the obligations related to confidentiality will be maintained indefinitely over time, regardless of whether the contractual relationship between the parties has ceased.

Obligations of the Guide in the processing of personal data:

Obligations of the Guide in the processing of personal data:

The guide, in relation to the personal data that are subject to processing due to the realization of the tours, undertakes, as a data processor, to:

The guide, in relation to the personal data that are subject to processing due to the realization of the tours, undertakes, as a data processor, to:

• Employ the utmost diligence in the fulfillment of the obligations contained in this contract and in the application of any technical or organizational measure appropriate so that the processing complies with the requirements of the applicable regulations and guarantees the protection of the rights of the interested parties.
• Use the personal data subject to processing exclusively for the purpose of organizing and carrying out the tours, expressly prohibited its use for any other purpose.
• Treat the personal data according to the instructions transmitted by TURIXE. If the Guide considers that any of the instructions infringes the applicable regulations, he will inform TURIXE immediately.
• Not communicate the Personal Data to third parties, except express indication of TURIXE.
• Not subcontract any of the services that are part of the object of this data processing contract.
• Maintain the duty of secrecy and confidentiality regarding the personal data subject to processing as a result of the realization of the tours, even after it ends.
• The Guide guarantees that he has the necessary training in Personal Data Protection to treat the mentioned data.
• The Guide will assist TURIXE whenever possible in the response to the exercise of the rights of access, rectification, deletion and opposition, limitation of processing, portability and not to be subject to automated individual decisions (including profiling).

When the affected persons exercise the mentioned rights before the Guide, he must communicate it to TURIXE. The communication must be made immediately and in no case later than the next working day after receiving the request, together, where appropriate, with other information that may be relevant to resolve the request.

Security measures

In addition to the security measures related to the use of the Platform, in case the Guide processes the personal data of the users outside of it, he is obliged to:

To assess the appropriate level of security, the risks that may arise from the processing will be taken into account, especially, the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, as well as the unauthorized communication or access to such data.

Responsibilities of TURIXE in Personal Data Processing

TURIXE is responsible for:

Right to Audit

Upon written notification by TURIXE with reasonable notice and no less than 72 hours, the Guide will allow the performance of audits aimed at ensuring compliance with the provisions of this data processing agreement and Applicable Regulations. The Provider will bear the cost of these audits when they confirm the non-compliance with the security measures established previously in this data processing agreement.

Liability

The Provider will be responsible and will indemnify TURIXE against any kind of damage, harm, penalty (explicitly including those imposed by the Data Protection Authority) or expenses (including reasonable costs of lawyers, solicitors, or other professionals), that arises from the non-compliance with the Provider’s obligations set forth in this data processing agreement or any other established in the Applicable Regulations.