www.benidormdelights.com

General Terms and Conditions

Legal Basis for the Use of the Brokerage Platform

THE CITY BENIDORM

www.thecitybenidorm.com


Preamble and Platform Purpose

THE CITY BENIDORM operates a digital platform that serves as an interface between tourists, service providers, and interested parties.

THE CITY BENIDORM was created to introduce visitors to the most beautiful aspects of the city. The platform connects tourists with local guides, service providers, and experiences that make Benidorm unique. Our goal is to provide orientation, facilitate the stay, and enable unforgettable experiences – quickly, simply, and reliably.

Scope of the Terms and Conditions

1)

Territorial Scope

These terms and conditions apply to all users worldwide who access the platform www.thecitybenidorm.com, regardless of their place of residence or nationality.

Material Scope

The General Terms and Conditions cover all functions of the platform: profile presentation, booking processes, payment processing, communication between users, and the placement of advertising banners, with the latter always arranged via written email.

Temporal Scope

The terms and conditions apply from the time of publication on the platform and remain in force until they are replaced by an updated version.

The operator, THE CITY BENIDORM Platform, reserves the right to amend or adapt these General Terms and Conditions at any time.

1.1)

Contracting Parties and User Categories

The platform operator is THE CITY BENIDORM, an entity based in Benidorm, Spain. Various user categories can be considered as contracting parties, each with different rights and obligations.

01

Unregistered Visitors

Individuals who use the platform solely for information purposes, without creating a user account.

02

Registered Businesses

Individual businesses that create an account to receive information or book services.

03

Registered Guides

Professional tourist guides who wish to offer their services via the platform.

04

Service Providers and Companies

Providers of additional services such as transport, tickets, gastronomy, experiences, or advertising banners.

1.2)

Platform Service Description

Core Features

THE CITY BENIDORM provides a digital mediation platform that connects tourists with qualified tour guides and local service providers in Benidorm. The platform enables the presentation of services, service descriptions, and company information.

Optional:
The platform currently does not provide an integrated online payment system, an automatic reservation system, or an internal messaging function for direct communication between the parties.
All payments and receipts are accepted exclusively via bank transfer.

Additional Services and Advertising Opportunities

2)

Advertising Banners

Businesses have the option to place advertising banners on the platform or reserve them in advance to significantly increase their visibility and specifically target tourists in Benidorm. By positioning banners in various categories and language versions, businesses can individually adapt their reach and ensure that their advertising reaches the exact target audience relevant to their services or products. Reservations are particularly recommended during peak season, as available advertising spaces per section are limited.

Multilingual Support

The platform is available in a total of 21 different language versions, thus addressing a broad international audience. This diversity allows tourists from various countries to access content in their preferred language, which facilitates access to information and significantly enhances user-friendliness. Businesses simultaneously benefit from a wider reach, as their offers and advertisements can be specifically presented in multiple languages.

City Information

General information about Benidorm, including attractions, events, and local peculiarities, is provided by Tourist Information Benidorm.

Turismo de Benidorm VisitBenidorm

TURISMO BENIDORM-Turismo de Benidorm VisitBenidorm

Portal Turístico de Benidorm, Información turística sobre la ciudad: playas, ocio, actividades, alojamientos, turismo activo, turismo de golf, turismo LGTB e información sobre todo lo que puedes encontrar en Benidorm. Web de la Fundación Turismo de Benidorm



2.1)

Registration and User Accounts

Registration Requirements

For Guides and Tourist Guides

  • Provision of complete and truthful personal data (name, address, contact details)
  • Proof of required qualifications, if these are mandatory under Spanish law for operating as a tourist guide
  • Identity verification
  • Proof of business registration or self-employment, if applicable
  • Acceptance of the Terms and Conditions and Data Protection Regulations
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User Obligations

3)

Duty of Truthfulness

All users are obliged to provide accurate, complete, and up-to-date information upon registration and throughout the period of use. Any changes must be updated immediately.

Lawful Use

The platform may only be used for lawful purposes. Any unlawful use, particularly the dissemination of criminal content, is strictly prohibited and will lead to immediate suspension.

Copyright Responsibility

Uploaded content, such as photos, texts, videos, or graphics, must lawfully belong to the user, or the user must possess the necessary rights of use. In the event of copyright infringement, the user is fully liable.

Confidentiality of Access Data

Users are obliged to keep their access data confidential and not to disclose it to third parties. In the event of suspected misuse, the operator must be informed immediately.

3.1) Intermediation Model and Contract Conclusion

THE CITY BENIDORM acts exclusively as an intermediary between service providers and tourists or businesses. The actual service contract is concluded directly between THE CITY BENIDORM PLATFORM and the business, rather than between the tourist and the platform.

The platform merely provides the technical and organisational infrastructure through which offers can be presented, booked, and paid for. THE CITY BENIDORM PLATFORM is not a contractual party to the brokered services and assumes no obligations regarding their execution or quality.

1

Offer

THE CITY BENIDORM PLATFORM posts the offer on the platform

2

Booking

The business selects the desired offer and makes a booking.

3

Confirmation

Upon receipt of payment, the booking is confirmed via email and the contract is considered concluded.

3.2) Time of Contract Conclusion

The contract between THE CITY BENIDORM PLATFORM and companies comes into effect upon the binding confirmation of the booking by the guide and the receipt of payment. The platform transmits an electronic confirmation to both parties, documenting the conclusion of the contract.

1

Booking Enquiry

The user selects an offer and sends a booking enquiry via the platform to info@teknoti.com.

2

Payment Processing

The user completes payment via the integrated payment system.

3

Confirmation by Guide

The guide confirms availability and accepts the booking.

4

Contract Conclusion

With the confirmation and receipt of payment, the contract and reservations are legally concluded.

From this point, contractual obligations exist between the parties. The platform has fulfilled its mandate and bears no responsibility for further processing, unless expressly agreed otherwise.

Prices, Payment Processing, and Fees

4.1)

Payment Terms

Payment for services or advertising banners arranged via the platform shall be made exclusively by bank transfer to the operator's specified bank account. Alternative payment methods are only possible with prior written agreement.

Commission Model

THE CITY BENIDORM charges guides and service providers a commission for successfully arranged bookings. The amount of the commission is communicated transparently upon registration and varies depending on the type of service.

Value Added Tax

All prices are exclusive of the statutory Spanish Value Added Tax (VAT) of 21%. Invoicing will be carried out in accordance with Spanish tax regulations. Users will receive a proper invoice.

Currency

All prices are quoted in Euros (€). Payments in other currencies are not possible. Exchange rate risks for international transactions shall be borne by the respective user.

4.2)

Refund Policy

General Refunds

Refunds are generally only possible for timely cancellations in accordance with the agreed deadlines. The exact amount of the refund depends on the time of cancellation and the specific contractual conditions between the Guide and the User, ranging from 25% to 100%.

Partial Refunds

In the event of late cancellations or in exceptional circumstances, a partial or full refund may be granted. The decision rests with the respective service provider on THE CITY BENIDORM platform and the parties involved, potentially in consultation with the platform. The refund amount may – depending on the circumstances – be up to 100%.

Processing Time

Approved refunds will be credited back to the original payment method within 14 working days of cancellation. For bank transfers, the credit may take up to an additional 5 working days.

4.3)

Cancellations and Rebookings

Legal Framework

The cancellation or rebooking of services arranged via the platform is subject to specific regulations designed to protect the interests of both users and service providers. It is crucial to adhere to the respective deadlines to minimise financial losses.

1

Cancellation by the Company

If a booked service is cancelled by the company or the user, a refund of 25% to 100% of the amount paid will be granted. This applies regardless of the time of cancellation, provided it occurs before the agreed service date.

2

Cancellation by the Guide

Should a guide need to cancel a booking for understandable reasons, the company or user will receive a refund of 75% to 100% of the amount paid. The remaining 25% is used to cover administrative expenses.

3

Rebookings

Rebookings to an alternative date are possible, subject to availability and in consultation with the respective guide. No additional fees apply for rebookings, provided they are made at least 120 hours before the original date.

Duties of Guides and Tour Leaders

5.1)

Service Delivery and Professionalism

Guides are obliged to provide the booked services as described, punctually and to a professional standard. They must ensure that all information about tours, prices, and services provided on their profile is current and truthful.

Safety and Compliance

Guides must observe all safety regulations and legal frameworks of the city of Benidorm, as well as Spanish tourism law. This particularly includes insurance obligations, permits, and official requirements.

Punctuality is essential. Guides must arrive on time at the agreed meeting point and conduct the tour as described.


5.2)

Disclaimer for Guides

THE CITY BENIDORM explicitly assumes no special responsibility for the conduct, quality of service, or any legal infringements of the guides and tourist leaders registered on the platform. The platform functions exclusively as an intermediary for advertising and is not an organiser of tourist services.

Sole Responsibility

Guides act as independent entrepreneurs and bear full responsibility for their business activities, including tax and insurance obligations.

Legal Compliance

Each guide is obliged to independently observe and comply with the applicable laws and tourism regulations in Benidorm and Spain.

No Platform Liability

The platform is not liable for damages arising from the conduct of guides towards customers, unless the operator is at fault.

5.3)

Obligations of Companies and Advertisers

Standards of Conduct and Legal Compliance

Companies placing advertising banners on www.thecitybenidorm.com or offering services via the platform are obliged to adhere to the following standards of conduct. These serve to protect the platform, its users, and the reputation of Benidorm as a tourism destination.

Appropriate Conduct During Advertising

Advertising content must be truthful, legally compliant, and not misleading. Deceptive or fraudulent representations are prohibited.

Compliance with Advertising and Linking Guidelines

All advertising banners and links must comply with the platform's technical specifications and must not refer to illegal or inappropriate content.

Prohibition of Illegal Activities

Any form of fraud, manipulation, spam, or other unlawful actions is strictly prohibited and will lead to immediate account suspension.

The disclosure or transfer

of booked advertising banners to third parties is strictly prohibited. In the event of a breach, THE CITY BENIDORM platform is entitled to fully and lawfully retain any amounts already paid.


5.4)

Unpermitted Content – Overview

To protect users, THE CITY BENIDORM platform, and the reputation of Benidorm as a tourist destination, certain content and actions are explicitly prohibited and will lead to an account suspension for advertising banner reservations made via www.thecitybenidorm.com. Disregarding these regulations will result in the immediate suspension of the user account and may lead to legal consequences.

Dangerous Activities

Drone flights and other potentially dangerous activities conducted without official authorisation or contrary to local regulations are prohibited.

Drug and Alcohol Abuse

The promotion, sale, or glorification of illegal substances, as well as content that promotes excessive alcohol consumption, is prohibited.

Harassment and Threats

Bullying, stalking, or any form of threat directed towards other users, guides, or third parties is prohibited.

Discrimination

Racist, sexist, or xenophobic content in any form is prohibited.

Glorification of Violence

Aggressive or harmful content, as well as depictions of physical or psychological violence, is prohibited.

Illegal Actions

Property damage, theft, vandalism, or incitement to criminal acts are prohibited.

5.5)

Further Prohibited Content

Pornographic or Sexually Explicit Content

Including sexual innuendo or inappropriate depictions of any kind.

Endangering Public Safety

Entering restricted areas, disregarding local safety rules, or reckless behaviour in tourist zones.

Deceptive or Fraudulent Information

False identities, fake qualifications, or misleading content about tours and services.

Copyright Infringements

Use of protected photos, logos, or texts without explicit permission from the rights holders.

Spam and Unauthorised Advertising

Commercial content not explicitly approved by THE CITY BENIDORM.

In case of violations of these regulations, THE CITY BENIDORM reserves the right to initiate legal proceedings and assert claims for damages.

Advertising Banner Reservations

6)

Advertising banners on www.thecitybenidorm.com are booked on a weekly basis. Prices for banner placements may vary depending on the season, especially during the summer months. To secure your desired presence, **THE CITY BENIDORM recommends reserving banners well in advance.**

Advertisers can specify in advance in which of the 21 available language versions their banners should appear, with each language version selected separately, particularly on the English website (https://thecitybenidorm.com/untitled-1). This enables targeted engagement with international audiences and maximises the reach of advertising efforts.

Please note that advertising slots in each category are limited, which is why early booking is strongly recommended, particularly for the highly frequented summer months. Reservations are made on a "first come, first served" basis.

Booked advertisements will always go live between Sunday evening and Monday morning, as described in the booking confirmation. Any delays or failures will be reported immediately.

Reviews and User-Generated Content

7)

Review Guidelines

Users have the opportunity to leave a review on the platforms after utilising a service. These reviews promote transparency and assist other users in their decision-making. Reviews must be truthful, factual, and respectfully worded.

Prohibition of Offensive Content

Reviews containing offensive, defamatory, or reputation-damaging statements are not permitted.

Prohibition of False Reviews

The creation of false or manipulated reviews, whether positive or negative, is strictly prohibited. www.thecitybenidorm.com reserves the right to initiate legal action in the event of proven false reviews.

Right to Deletion

The operator has the right to delete content that violates these guidelines, without prior notice or justification to the author.

Copyright and Usage Rights

8)

Copyright for Uploaded Content

All images, text, videos, and other content uploaded by users must either be owned by the user or the user must possess the necessary rights of use. By uploading, the user grants THE CITY BENIDORM PLATTFORM a non-exclusive, worldwide, royalty-free right of use for displaying and distributing this content on the platform.

In the event of copyright infringement, the user who uploaded the content shall be solely liable. THE CITY BENIDORM PLATTFORM is entitled to immediately remove the respective content and block the responsible user upon justified copyright complaints.

8.1)

Platform Liability

To clarify legal responsibilities, a precise delimitation of THE CITY BENIDORM's liability is required. The platform acts as an intermediary and technical service provider, but not as a contracting party for the services mediated.

Disclaimer of Liability

Exclusion of liability regarding advertised content and websites

No Liability for

Quality of photos or correction of text

Liability only for

Technical accessibility with reasonable efforts

Availability

General efforts to maintain www.thecitybenidorm.com's active online presence (24/7)

THE CITY BENIDORM PLATFORM is exclusively liable for wilful or grossly negligent breaches of duty by its own company. No liability is assumed for slight negligence or for the conduct of third parties (guides, service providers), unless mandatory legal provisions stipulate otherwise.

8.2)

Insurance

THE CITY BENIDORM PLATFORM does not provide insurance that covers the appearance of an advertisement or the execution of brokered services. The platform assumes no liability whatsoever for damages arising in connection with the use of the platform or the utilisation of brokered services.

All users and advertising appearance providers, particularly guides and service providers, are obliged to independently procure appropriate insurance policies. This specifically includes professional indemnity insurance, accident insurance, and, if applicable, pecuniary loss liability insurance.

Data Protection and GDPR Compliance

9)

Principles of Data Processing

THE CITY BENIDORM PLATFORM processes personal data in accordance with the General Data Protection Regulation (GDPR) and the Spanish Data Protection Act. The platform only collects the data necessary for the provision of services and treats them confidentially.

01

Collection

Name, email address, contact details, payment information, usage data

02

Purpose

Contract processing, communication, payment processing, platform improvement

03

Storage

Duration of the contractual relationship plus statutory retention periods

04

Disclosure

Only to payment service providers and with explicit consent

9.1)

User Rights Regarding Their Data

According to the GDPR, all users have comprehensive rights regarding their personal data. THE CITY BENIDORM PLATFORM ensures the exercise of these rights and responds to corresponding requests within legal deadlines.

Right to Information

Users have the right to receive information about their stored personal data, including its origin, recipients, and the purpose of processing.

Right to Rectification

Inaccurate data can be corrected at any time. Users can update their profile data independently or contact support.

Right to Erasure

Users can request the erasure of their data, provided there are no legal retention obligations to the contrary.

Right to Object

Users can object to the processing of their data for certain purposes, particularly for advertising purposes, at any time.

Detailed information on data protection can be found in the separate privacy policy on the website.

9.2)

Copyright and Platform Usage

Operator's Proprietary Rights

All content, designs, graphics, logos, text, and other elements of THE CITY BENIDORM PLATFORM www.thecitybenidorm.com are protected by copyright and belong to the operator or its licensors. Any unauthorised use, reproduction, or distribution is prohibited.

Users are only granted a limited, non-transferable right for personal use of the platform. This right automatically expires upon violation of these Terms and Conditions or upon termination of the user agreement.

Prohibited Actions

  • No unauthorised copying or dissemination of platform content.
  • Prohibition of automated access by bots or scraping tools.
  • No decompilation or reverse engineering of the software.
  • Prohibition of circumvention of security mechanisms.
  • No commercial use without express permission.

Violations of these provisions may result in civil claims and criminal consequences.

Suspension and Termination of Accounts

10)

Reasons for Account Suspension

THE CITY BENIDORM PLATFORM reserves the right to temporarily suspend or permanently terminate user accounts in the event of violations of these Terms and Conditions or applicable law. This serves to protect the platform, other users and the integrity of the services offered.

False Information

Provision of incorrect or misleading information during registration or use.

Misuse of the Platform

Inappropriate use, spam, manipulation, or use of automated systems.

Poor Ratings

Repeated negative ratings from users indicating a lack of service quality.

Legal Violations

Dissemination of illegal content or performance of unlawful activities via the platform.

10.1)

Notice Periods and Procedure

1

Ordinary Termination by User

Users can terminate their account at any time without observing a notice period. Termination is effected by written notification to the operator.

2

Extraordinary Termination by Operator

In the event of serious breaches, THE CITY BENIDORM PLATFORM may suspend the user account without notice. The user will be informed of the reasons and given the opportunity to comment.

3

Temporary Suspension

In the event of initial or minor breaches, a temporary suspension of 7 to 30 days may be imposed. After this period, the account will be reactivated, provided no further breaches have occurred.

4

Permanent Deletion

In the event of repeated or serious breaches, the account will be permanently deleted. Personal data will be deleted or anonymised in accordance with data protection regulations.

Amendments to T&Cs and Applicable Law

11)

Right to Amend

THE CITY BENIDORM reserves the right to amend or update these General Terms and Conditions at any time.

If a user does not object to the amended General Terms and Conditions within 14 days of receiving the notification, the amendments shall be deemed accepted. In the event of an objection, the operator may terminate the contractual relationship.

Applicable Law

All legal relationships between THE CITY BENIDORM PLATFORM and users shall be governed exclusively by the law of the Kingdom of Spain, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Place of Jurisdiction

The exclusive place of jurisdiction for all disputes is Benidorm or Alicante, Spain. For consumers, the statutory place of jurisdiction applies.

Online Dispute Resolution

International users may utilise the EU's Online Dispute Resolution platform for disputes: ec.europa.eu/consumers/odr

Contact Information

12)

How to reach us

For any questions, suggestions, or issues related to your use of THE CITY BENIDORM PLATFORM www.thecitybenidorm.com, please do not hesitate to contact us. Our support team processes enquiries promptly and will assist you with all matters concerning the platform.

Operator

THE CITY BENIDORM

Intermediary platform for tourist services

Email Contact

For general enquiries:

info@teknoti.com

Website

Visit our platform:

www.thecitybenidorm.com

Available in 21 languages

These General Terms and Conditions come into force upon publication on the website. THE CITY BENIDORM PLATFORM thanks you for your trust and wishes you successful use of the platform.


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