Amazinguides, is owned by J.C.G.C. AMAZINGUIDES, incorporated under the law of Spain with registration number VAT-ES75143584P and with its registered address in SPAIN. It provides an online platform, “amazinguides.com” that connects official guides and allows them to share their knowledge and experience in specific travel destinations with visitors seeking to receive local services related to visiting those destinations.
These terms and conditions (referred to as the “Terms”) govern your use of the “amazinguides.com” platform services (the “Services”) provided by Amazinguides and your access to such Services through the www.amazinguides.com website (the “Site”).
Please read these Terms carefully, because by using the Site or the Application, whether or not you become a registered user of the Services, you agree to these Terms in their entirety. If you do not agree to these Terms or any part of them, you must not use the Site or the Services.
Contact us here: “Contact Form“.
DEFINITIONS AND INTERPRETATION.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Tours” means services that a Tour Guide may provide to a Traveler in connection with a specific travel destination (e.g., pick up from the airport, show the best bars and restaurants in town, visit tourist sites or visit non-tourist sites, etc.) . Services must comply with local, national and international legal regulations. Companies or legal entities cannot register and provide Tours services as Tour Guides on the Amazinguides platform.
“Membership Fee” means an economic amount that a Tour Guide pays for the use of utilization of his/her profile on the Amazinguides.com site.
“Membership” means a status that allows Tour Guides to post their profile on the site and for travelers to contact them through it. Membership can be purchased for an indefinite period by paying a Membership Fee. The method of payment for Membership is a recurring subscription-based payment.
“Subscription” means a sign-up for a subscription-based Membership whereby you authorize Amazinguides or our payment processor to charge the applicable recurring subscription fees to your designated billing payment method.
“Tour Guide” means a User: a natural person who creates the Profile through the Site, the App and provides the “Tours” services.
“User” means a person who completes the account registration process on amazinguides.com, including but not limited to “Tour Guides” and “Travelers”.
“User Content” means all content that a User posts, uploads, submits or transmits to be made available through the “Site” or the “Services”.
“Traveler” means a user who requests a “Tour Guide” to book “Tours” through the “Site” or the “Services”.
“You”, “your” and “yours” mean that you are a “User” of the “Site”.
“We”, “us” and “our” are references to Amazinguides.
Tour Guide Interpretation
In Amazinguides, a “Tour Guide” is a broad definition of a person who resides in a particular place and wishes to share their personal local experience with travelers they meet in Amazinguides so they can become familiar with the area from the perspective of a local tour guide. Local Amazinguides Tour Guides must meet all legal requirements to conduct tours in your area. This means that they must be in possession of a specific license issued by a regulated authority. Being an Official Tour Guide is a prerequisite to be able to use the Amazinguides “Site”.
Description of Services
Amazinguides provides an online platform for “Tour Guides” and “Travelers” to contact online and organize the “Tour” directly with each other.
By using the “Site”, “Tour Guides” may create profiles (the “Profiles”) that provide information about their knowledge and experience in a specific travel destination and may be available to offer the “Tour” to “Travelers”. The “Travelers” may rely on the profiles of the “Tour Guides” to select the appropriate “Tour”.
The “Tour Guides” may purchase a “Membership” which allows them to publish their profile and contact “Travelers”; however this does not guarantee that “Tours” will occur, therefore, all arrangements made for “Tours” around the city, as well as payments, are the sole responsibility of the “Traveler” and the “Tour Guide”. The agreements will be discussed and decided between them and Amazinguides is not responsible and does not intervene in this. The membership fee is payable to Amazinguides. Membership can be purchased for an indefinite period and is a recurring subscription based payment.
Role and Responsibilities of Amazinguides
Amazinguides is not a tour operator nor is it a travel agency. Amazinguides does not provide the “Tour” or any other travel or similar services. Its role and responsibilities are strictly limited to (1) facilitating communication connections between the “Tour Guides” and the “Travelers” to arrange the “Tour” and (2) processing the “Tour Guides” payment transactions for their membership or subscription. With reference to the foregoing, you understand and agree that Amazinguides is not a party to any agreement between the “Tour Guide” and the “Traveler” in connection with the “Tour”.
All Intellectual Property in the “Content” (except User Content) appearing or displayed on the “Site” or through the “Services” is the property of Amazinguides and is protected by copyright laws, patent and trademark laws and other legislation. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the “Site” or the “Services”.
Subject to your compliance with these “Terms”, Amazinguides grants you a limited, non-exclusive, revocable, non-transferable license to (1) access and use the “Site” solely in connection with your use of the “Services” and (2) access and use any content, information and related materials that may be available through the “Services”.
You are responsible for obtaining and maintaining the necessary network access data to use the “Services”. You understand that such access may involve fees from third parties (such as an Internet service provider).
YOUR USE OF THE SERVICES
You are responsible for actions taken when using your amazinguides.com account. Keep your username and password secure and do not allow anyone else to use them to access the “Services” or the “Site”. Amazinguides is not responsible for unauthorized access with your username and password, with or without your knowledge.
The “Site” and the “Services” are intended only for persons over the age of 18. Any access to or use of the “Site” or the “Services” by anyone under the age of 18 is expressly prohibited. By accessing or using the “Site” or the Services you represent and warrant that you are 18 years of age or older.
Requirements for Tour Guides, Profiles and Tours
If you are a “Traveler”, you understand and agree that a “Tour Guide” need not be an individual involved in professional travel activities. A “Tour Guide” is not always a licensed tour guide in certain sectors or monuments and/or properly qualified. He or she is a person who resides in and has knowledge of a certain area and wishes to share it with “Travelers” to familiarize them with the area from the perspective of a “Tour Guide”.
As a “Tour Guide”, you can create a Profile where you can display a range of “Tours” as well as personal information you wish to share with “Travelers” about yourself and your area. The “Profile” will be made publicly available through the “Services” and “Travelers” may contact you to book a “Tour” through the Site and Services based on the information provided in your “Profile”. Travelers” may also provide feedback on your “Tour” and assign a rating for the services provided as a “Tour Guide”. We will review all feedback we obtain from “Travelers” before posting any comments on your profile, however, we cannot be responsible for any negative feedback received from “Travelers”.
If you are a “Tour Guide”, you represent and warrant that your “Profile” and “Tours” (1) will not breach any agreements you have entered into with third parties, (2) will comply with all applicable laws, tax requirements and rules and regulations that may apply, and (3) will not conflict with the rights of third parties.
Please also note that any “Tour” offered by a “Tour Guide” must comply with the following requirements: (1) the “Tour” must be personally conducted by the “Tour Guide” who was contacted and who confirmed the booking, (2) the “Traveler” may not join the “Tour” booked or conducted by other “Travelers”.
User Interaction and Conduct
You are solely responsible for your interactions with other Users, whether online or in person. Amazinguides assumes no responsibility or liability for any loss or damage resulting from any interactions with other Users of the Services. You agree to take reasonable precautions in all interactions with other Users and to conduct any necessary investigation before meeting another person. Amazinguides is under no obligation to become involved in any disputes between Users, but may do so at its own discretion.
For communications about bookings and “Tours”, all Users will be offered a private messaging service via a contact form. Such communication should be used in a professional, courteous manner and only in connection with the “Tour”. We reserve the right to monitor and suspend any account of a User whom we suspect of abusing the private messaging service.
You agree not to use the “Services” (1) to post or transmit any material that infringes or may infringe the intellectual property rights of any third party, harassment, threats, falsehoods, misrepresentation, defamation, invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminatory, illegal content or any material that could constitute or encourage conduct that could be considered a criminal offense, violate the rights of any party or which could give rise to civil liability or breach any relevant aspect under the laws of your local jurisdiction, (2) sell, promote or advertise any product or service that is not a “Tour”, (3) advertise sexual services, (4) advertise or promote any illegal product or service and (5) to promote any political, ethnic, racial or religious organization or belief.
When using the “Site” and our Services,(1) you will not submit or store material that contains viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, (2) you will not engage in any activity that interferes with the integrity or disrupts the integrity or performance of the “Site” or the data contained therein, our servers or networks, (3) you will not attempt to gain unauthorized access to the “Site”, its systems or networks or any other Amazinguides related computer system or web site or (4) take any action that imposes an unreasonable or disproportionately large load on our system.
You are solely responsible for all User “Content” that you upload, post, display, display, email or otherwise use through the “Services”.
All User “Content” submitted by you on the “Site” or through the “Services” shall be deemed non-confidential and non-proprietary. You agree that the “Content” posted on your profile is truthful. You grant to Amazinguides a perpetual, non-exclusive, irrevocable, worldwide, transferable, royalty-free, non-exclusive right to use your “User Content” in any manner or medium developed, now or hereafter developed, with the right to license, use, copy, modify, create derivative works from, distribute, publicly display, publicly perform and otherwise exploit in any manner in all formats and distribution channels.
We reserve the right to monitor all user “Content” uploaded to the “Site” at any time. We may decide, without prior notice, to remove or edit any “User Content” when we believe, in our sole discretion, that such “User Content” is false or in breach of these Terms. If Amazinguides decides to monitor any “User” “Content”, we assume no responsibility or liability for monitoring or removing such “User” “Content”.
Membership and Fees
The “Tour Guides” can purchase a “Membership” which allows them to publish their profile and contact “Travelers”; however this does not guarantee that “Tours” will occur, therefore, all agreements made on “Tours”, as well as payments for them, are the sole responsibility of the “Traveler” and the “Tour Guide”. The agreements will be discussed and decided between them and Amazinguides is not responsible and does not intervene in this. The membership fee is payable to Amazinguides. Membership can be purchased on a termly basis and is a subscription based payment.
The membership fee is payable to Amazinguides. The payment method for Membership is a subscription based payment. For “Users” billing in “Spain” 21% VAT (Value Added Tax) will be included. For “Users” billing outside of Spain, the amount will be billed in NET. It is the responsibility of each “User” to declare the corresponding taxes according to the laws of the country where they invoice. If the transaction is exempt from Tax, it will be subject to the provisions of Directive 2006/112/EC, the LIVA or indication that the transaction is exempt.
Your AMAZINGUIDES membership will continue until the end of the contracted period. To use our service, a Payment Methods must be provided. You may cancel your subscription at any time but no refund will be made for the proportionate part not enjoyed according to the subscription period already paid (see “Cancellation” below).
The membership fee for the AMAZINGUIDES service will be charged to your desired Payment Method each time a renewal occurs. An invoice will be sent to your email after each payment.
To use the AMAZINGUIDES service, you must provide a payment method. You authorize us to charge any Payment Method associated with your account. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not cancel your account, we may suspend your access to the service until we have charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees related to processing your Payment Method. Local taxes may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
Updating Your Payment Methods.
You can update your Payment Method each time you make your renewal payment for the desired time period.
You may cancel your AMAZINGUIDES membership at any time and you will continue to have access to the AMAZIMGUIDES service until the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for partial month membership periods. If you cancel your membership, your account will automatically close at the end of your current billing period.
Changes in Pricing and Subscription Plans.
We may change our subscription plans and the price of our service at any time without notice. However, any changes in pricing or changes to your subscription plans will apply to subsequent billing cycles after we provide you with notice of such changes.
You agree that Amazinguides, in its sole discretion, may suspend or terminate your User account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to the appropriate law enforcement authorities.
We reserve the right to terminate your access to the Site for any reason or no reason, and may terminate your Membership by sending notice to you at the email address you provided in your Membership application or any other email address you subsequently provide to us. If we cancel your Membership for violating this Agreement, you will not be entitled to any refund of any unused fees. We reserve the right to use credit card processors or banks within or outside the European Union to process your transactions. In some cases, your bank or credit card issuer may charge you a foreign transaction fee. Before purchasing any services, check with your bank or credit card issuer for more information on their policies regarding foreign transaction fees.
In case of any violation of legal acts, committed during the payment process related to the “Site” services, the “User” will not be able to use the “Site” immediately and all relevant information about the “User’s” personally identifiable information will be shared with the legal authorities in cooperation for investigation.
If you are a “Traveler” and wish to book the “Tour”, you may contact the guide through the Site. In the event that the information provided in a “Profile” of a particular “Tour Guide” is not sufficient for you to decide on the “Tour” or if you have any special requests related to the “Tour”, you may discuss this with the “Tour Guide” through the private messaging utility or form. In order for your profile to appear on the “Site” and for “Travelers” to contact the “Tour Guide” the “Tour Guide” will be asked to pay a Membership Fee and to provide customary billing information, such as name, billing address. As a “Traveler”, you agree to pay the “Tour Guide” the negotiated fee in connection with your “Tour” if the requested reservations are confirmed by the “Tour Guide” and the corresponding “Traveler”. Likewise, the method of payment will be agreed upon by both parties and Amazinguides does not intervene in this process.
A “Tour Guide” determines the “Tour” rate individually. Alternatively, a “Tour Guide” may also choose to provide free tours.
Prior to setting the “Tour” rate, the “Tour Guide” must assess the local fees and taxes charged for providing “Tour” services. The “Tour” Fee must include any fees and taxes that the “Tour Guide” determines he or she should charge.
As the “Tour Guide”, you understand and agree that 100% of the amount paid for the “Tour” will be considered your personal income and taxes will be accounted for the entire initial amount.
Payment between Traveler and Tour Guide
The form of payment between “Traveler” and “Tour Guide” will be agreed by both parties and Amazinguides does not intervene in this process.
Cancellations and Refunds
If as a “Traveler”, you wish to cancel a confirmed reservation made through the “Site”, the Service(s), before the day of the “Tour”, you must notify the “Tour Guide” and meet the conditions that both “Traveler” and “Tour Guide” have previously agreed. Amazinguides does not intervene in this process.
LIMITATION OF LIABILITY
We disclaim any liability to you for the provision of the Services to you to the fullest extent permitted by applicable law. If we are held liable for any loss or damage to you, such liability is limited to the amount of any service fee we may have received in respect of which a claim has arisen. We do not accept any liability for any loss, damage or expense, including any direct or indirect loss, such as loss of profits to you or however arising.
We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profits, loss of or damage to goodwill, loss of or damage to property and/or loss of third party claims arising out of your use of the “Site” and “Services” or for any services we may provide to you.
Your use of the “Site” and “Services” is without warranty and is at your sole risk.
We accept no responsibility for delays, failures, errors or omissions or loss of transmitted information, viruses or other destructive or contaminating properties transmitted to you or your computer system through the Site.
You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising out of or relating in any way to your User “Content,” your use of the “Services” and your conduct in connection with the “Services” or other “Users” of the “Services,” or any violation of these “Terms,” any law or the rights of any third party. any law or the rights of any third party.
MODIFICATION OF THE SERVICES.
Amazinguides reserves the right to modify or discontinue, temporarily or permanently, the “Services” or any part thereof with or without notice. You agree that Amazinguides shall not be liable to you or to any third party for any modification, suspension or discontinuance of the “Services”.
These “Terms” constitute the entire and exclusive agreement and understanding between Amazinguides and you with respect to the “Site” and the “Services”.
Amazinguides may assert its rights and obligations under these “Terms” over any party at any time without notice to you.
Amazinguides may use subcontractors to perform the “Services”. Such subcontracting parties shall comply with these “Terms”.
Use of the “Services” will not create any joint venture, partnership, employment or similar relationship between you and Amazinguides.
Amazinguides reserves the right to revise these Terms at any time.
Amazinguides will notify you of any modifications or changes to these “Terms” by mail or on the “Site”, through the “Services” or by such other means as Amazinguides deems appropriate and appropriate. We will also indicate at the bottom of this page the date of the last revision of the Terms. By continuing to access or use the “Site” or the Services after we have posted a modification on the “Site” or given you notice of modification, you are indicating that you agree to be bound by the modified “Terms”.
Amazinguides’ failure to enforce any right or provision of these “Terms” shall not constitute a waiver of future enforcement of that right or provision.
The Services are provided to you in accordance with the laws of Spain. Any dispute between you and Amazinguides is governed in all respects by the laws of Spain.
All notices or other communications permitted or required hereunder, including those regarding modifications to these “Terms”, will be in writing and delivered by Amazinguides (1) by e-mail (in each case to the address you provide) or (2) by posting on the “Site”. For notices given by e-mail, the date of receipt shall be deemed to be the date on which such notice is transmitted.